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32X
1
2
3
1
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4
S
6
BEHRING SEA ARBITRATION.
APPENDIX
TO
CASE OF HER MAJESTY'S GOVERNMENT.
*•*, • * t !??*•.*• .
It « • • ■
VOL. III.
tnpWt^w-flPOWMKM"-' -•T'"r?
CONTENTS OF VOL. III.
Papers presented to the British Parliament (Blue Books).
1. •• Ciiitcd States No. U (ISSIU)."
2. •• United Suites No. 1 (1891)."
3. " United S!iite« No. 2 (1891)."
4. " United States No. .T (1892)."
6. "Treaty Seriis No, ft (1802)." Tfeaty iind Conventions
between (Jreat llritain an<l United States of America
relating to IJelirin;^ Sea.
rJNITED STATKS. No. 2 (1890).
/ —
COIiRKSPONDENCE
UBSrSCTINU THE
BKIIRING SMA SKAL FISHEKIKS:
. . t.
1886-90.
Preimted to both Houses of Parliament by Command of Her Majesty.
Auffusi 1890. !'
LONDON:
I'lirNTI'.n I'OK HEK MAJKSTY'S STATIONERY OFFICF.
BY HARRISON \l SONS, ST MARTINS LANK,
PRINTRH^ IN OKniNAEV TO UfH UAJISTV.
.Villi N) be imrcbain'il, fiihe r dirt'r-rly or throui^h any HonkipUffr, from
K^Rt AM> .srOTriSWDODK, Kmt Hardino Sthmt, FLi!«r SrnEiT, L,C.,
.1'2, AHINQDON .SrKKKT, WllTMINftTKR, S.W. ; Oft
ADAM AMI CIIARI.Ef> lll.ACK, 6 North Dftioti, Edinbiirou; fift
HODGES, I'GCIIS, ,V Lu.. 104, O»AiT0» StmiiT, Dolik.
TA HLK OF CO NT K NTS.
10
II
12
1.1
M
IS
16
17
18
19
■JO
91
'21
23
24
25
•.'6
■->7
30
31
33
83
34
No.
Name.
n.ac.
SrBJKCT.
l'«Ke
1
Ciilonlal OlUcc
.Sepl. 1, IBSIJ
Tlirri' liritinh '.'(iliiiiilMan ni'nliTa ipiiril liy IJiiitcil
Slatr»' rcn'iiiic-cruiiiT " ("orwin "
1
a
T.. .Sir I. Wc^l ..
9,
Copy of nhovi'. To .nsk Uniied Ststoi' Governmenl
for iiirnrninliim ,. .. .. ..
,
3
Colonial Ollic).
23,
HcfiT« to No. 1. Dclailn of ci\|)liir»« of " Tliorci-
toii," ''()n»;inl,".inil •Taroliim." I'roti'sl "lioiild
he iiiailc .'iiiil i'(iiii|ji>n«4itioii di'tiiHiiiIrd . .
2
4
.Sir I,. W. si
•-'1,
HJHtory of till' origin of the Al.itlia Cominprrial
C'oiiipanv . • • • • • • •
9
.5
•1 .♦ • • • ■
21.
Newspapi T c'ltriicli relating to spiziirp" . .
II
6
Ailiiiir.'ilty
()<t. 7,
Sends copy of Inili-il States' Act to prereiit I'Xtcr-
1 iiiination of fur-l)cnriii)f animals in .Alaska, and of
tlir .Alaska ('(jiii|>'inv*s Ifasp..
12
7
Culonial ORid' ..
IC,
i Hefrrs lo No. .'1. S4'nd» fiirtlipr details, with Hcport
of Coniniillep of Canadian I'rify Coiiniil. lias
an\ artion Ik'i'Ii taken f
15
8
ToSir I.. \V.»t ..
'-'0,
To iirolcsi .i^ainsi sfiznrea and reterve riiilit"
20
It «• ••
•Jl.
Has (inv reply lu'en received to No. 21 Or any
appeal lodi:ed .-i<!ainst decisions of I'nited States'
('oiirts ? . ■ . , . . . . . •
20
Sir I.. Weil
To Sir L. West ..
Sir I„ West
Admiralty
Mes-r.s. Inmpson and Co. .. '
Colonial Office , , ..
To Sir r,. West ..
fc'ir I.. Wen .. ,,
To Messrs. !.ampsijii and Co.
Sir I.. West
To Sir L. West .. .. l)e
( TeleLMaphic)
Sir I.. West
Colonial Ollice ,, .. .In
To Sir I.. West , ,
Sir I.. Wist
21,
30,
21,
12,
16,
19,
ly,
To Sir I,. Wesi
Sir J.. W'e.-t
28 Colonial Oflie
21) To f^olonial Office.
fJir I,. West
Colonial Oflire
Sir l„ We-
Colonial Oltir.-
To Sir L. West . ,
)0,
4, 1887
10,
I'el..
.Ian.
Fel.,
Mar.
Apr.
27,
4,
14,
30,
2f;.
It*,
, Hepties to aliove. No iiiforinalion
' Ucc.npitnl'ites farts of seizures as reported to UiT
•Majesty's <i<iveriiment. To see .Mr. Bayard,
I who will, MO I'liuhl, make line reparation , ,
, Copies of notes founded i n Nos. 'j and 8
Extrnet from " Daily British Colonist " of Victoria
j relalini: to the seizures ,.
Farts rehitint; lo seal fishery. Hope Her Majesty's
I (iovirnnient will support United Slates' (iovern-
nient in predervin;; seals
, Telegram from Canada asking if any answer has
I heeii rerei^ed from United States. Case one of
I creat hardship ,. .,
Siihstanee of aliove. 'J'o report
Answi-rs alioic. Mr. Havard has not yet received
oitii i il report iit' proceedinjis of Cijiirl
.'\ih;Mwledj.M'S No. U. Question licillf: roitsidered
'iefeis to No, 10. .Mr. Iliiyard's apolujiies fur
delay
To seek assnrances that no seizures will he made
I beyond Alaska territorial waters pindinj settle.
I l.ient ,. .. ., .. ,.
1 Cop^' of note fouiided on ahove .. ,,
Copv of de..palrli from Can.iila. with lleport of
I'ri v Ciiunril explainjiir views of Dominion (io-
vernnient on historical rifjhts, with letters from
piTMiMs iiileri'.^ted, and I ewspaper extracts
Copy (if prrecdinjr. To express concern nt iih-ence
of inlorniallon. and iirfre immediate attention ,,
Note to .Mr. I'avard lounded on above ,,
Note from .\lr. Ilavard explainini.'' delay and assur*
m\i of ohscrvaiicp of international obligations ..
To ask for inform.itioii from time to tim.-*
President has issued orders for discontinuance of
pendinff proceedings, and release of vessels and I
persons , . . . . . . . ^
Despatch from Governor-General, with lleport of
Privy Conni'il, and full sliilements of elaiuis for
eninjiensatioii . , . . . j
Acknowledges above. Troposi d to defer 6endin<; ill
claims {lending fiirllier examination .. ..
Kcport ot Governor of .Alaska for 18.S6 .. .. '
Answers No. oJ). Concurs in deiav . . I
Copy of letter from a .San I'raiieiseo firm to Pre-
sident protesting: against exclusive claims of
Alaska Company ..
Can Canadian ves'cls count on not being molested
during ensuing season ? , ,
To make above inquiiy ., ,, .,
2U
20
22
23
24
25
'.'8
20
2G
27
27
27
28
87
37
38
3S
40
44
4.i
49
52
53
I
T.^DLB OP CONTENTS.
Hi
Name
I)»lr.
il'«K-
Uiiiti'it I
rnnii"iit
Tliorn-
iiuTrinl
t'KtiT-
aiiil of
Iti'pnrt
I. Ilu*
1«
Or any
Stalls' I
to llir
Hiiyanl,
Victoria
iIlljCHtvV
(lovrrii-
swer hi»
<e line of
g
n
li
15
20
20
20
22
23
24
3S
26
rt'Cfivfi
. . 2fi
oiistiliTt'd 2G
Idjrit's for
he made
12 settle-
27
llo|iiirt of I
iniiiii tio- !
ters from ,
ctt . •
nt al)-eiice
iitiiin . .
• •!
111(1 nssur- ;
alioiH . .
luiniici' of '
i'ssels antl i
Hcport of
fliuiiii for
sciiilintr ill ,
nil to I'ri-
nlniins of
g molested
37
27
28
87
37
38
311
3D
-10
44
45
4 'J
49
52
S3
3.")
36
44
45
4()
47
48
4a
50
54
55
5C
57
58
59
no
01
62
£3
64
65
C6
Sir I,. \\;m
3S
311
•1 *• ••
40
Colonial Ofliie
41
To Toloilial Offire..
42
To Sir I.. West ..
43
Sirl.. WeM
To Sir I,. West .,
fTileiirapliic)
Sir I.. We.l
To Sir I,. West ..
.. Mar. 29, 1887
..lApr. 2,
13,
30,
• . June 27,
.. , .Inly 8,
I 9,
1 12.
j All*;. 2,
I -».
10,
SiiBJr.rT.
Page
Sir I,. We-i
Ailniirallv
Sir I.. We>l
Adni'r.nllv
To Sir I.. VVe«l . .
1".
li.
..i 24.
.. ! 20,
-i "■
..Sept. .-.,
JO.
Sir II. Ilollnnil to Marquii of
I.anstiowne
SirL. We-t
To Sir 1-. West ..
Colonial Olliee
To Sir I.. West
Meinnrandnni eonimnnieateil
liy llarim Plessen
Sir L. West
Admiralty .. ,.
Sir 1,. West
M.
6,
15,
15,
24,
27,
27,
Oct. 5,
Sept. 33,
Oct. 4,
Sept. 28,
Memorandum comniimicuted i l)ct. lU,
by M. d'Adell.or^
To M. d'Adelborjr .. 1|,
[128]
Atleiii|il9 of Alaska Company to obtain furtiier
protection . . ..
The Captain of tlie " Cirwin " lia. I een cited to
defeinl liiniielf for seizures effected on American
schooner " Sierra" ••
.Mr. Illaine's replies to i|iiestlons founded on No. 34.
liidefiiiite. Incloses ' Provisions rel'jtinc; to the
rnoritniiiicd Territory of Alaska"
Hcfen to No. 3(i, Case pintpotied .. ..
Mulract from '* New York T'liin-i," Hlmwinf^ I'nitt d
Stales' reply to pretensions of Ituisia previous to
resniou of Alartka ., «•
Iteport of Canadian I'rivy Council urginv speedy
reparation, with a resume of facts by .Minister of
Marine and Fisheries ,,
.\rknoviledt;es ;ilni\e, Wf sbunlil wait for Report
of judicial proi'i-eilinn-. Want copies of jiapers
laid before I'linaciiau I'arliami lit
Copy of No. 40. To L'et judicial records
Forwards co|iies of judicial prorecdtngs in .Alaska
District Court in eases of the three vessels seized
.AckiioHh.di.'cs abnve. Were tliev conununicatcd
uithiiut cnniment ' . . . . , ..
Answers above. Yes . . , ,
News recciviil of further seizures. To remind
iMr. Itavarti id' as^iir.inces ^ivm in No. 27, and
to cotiiinutticate intui'iiMliiui , ,•
Asks tor further iiitorinaliou and details connected
with juhcial proceediii<;s s,-ni home in No. 43
Mr. llayanl's rcpiien to No. 4C. Me knows of no
assurances, but will ask t:rouiids fur seizures
Si'i/ure of '• .\iiua licck " ..
I'ci-itKUi of ■ Sayward," ■' Dolphin," aul " (Iraio '
when seircd, with remarks on habits of seals
f'opies of Iteporfs by Captain of the '■ lliish, ' who
effecicd alii'^e captures, t;ivin^' details . .
Ileporls by Uear-.\c|niirnl Sir .M. Ciiluie-Seymonr
on seizures of " Anna Heck " and • W. P. Say
ward," with co|>ies of statements, declirations,
and ludictiiietits
General review of the ))osilion. .No doubt United
Stall's' (ioM'.'nuieiit will admit their liabilitv, and
t»ive coiupensatiou .,
Sends copy of No. .'jS. l-',xplains position
" New Y'ork Times " on inaritiine jurisdiction in
Ili'hrinjr's Sea
Have any sieps been taken to appeal in cases of
"Onwaid," " I'arolina," and " Ihorutou " ?
Copies of two despatches from Canada respecting
seiiurc of '(iracc," "Dolphin," and "W. P.
Snyward "
Telegram from Canaila reportiuji that vessels are
still detained, and askiiii; for inquiry ..
Copy of above. 'To infjiiire why vessels have nut
been released as promised (see No. 27)
Copies of inclosiiris in No. 57. 'To make repre-
sentations to L'nited States' (iovernment respect-
ing' seizure of these three vessels
(ierman (iovernment ask views of Her .^^^jestv's
Ciuvernmcnt as to proposal of l'nited Stites fur
International Convention for prercrvatioii of seals
Acknowledges receipt of No. 53. Copy left with
Mr. llayard .. ., ,, .,
Copy of letter from Comniander-in. chief on Pacific
Station, with list of sealin;; schooners ..
Answers No. j9. Note to .\!r. llayard respecti'ig
non-release of lessels, and extract from " New
Y'ork Herald " on the subject
Invitation troin United .States to Sweden to join
negotiations for preservation .,
Answers above. No aiinilar invitation received
from United States' (iovernment. Will Sweden
accejit ? , . . .
53
54
58
S8
CI
i;4
64
64
76
76
76
77
77
79
79
80
82
^S
10
91
92
92
95
95
96
9G
96
1 96
I
98
' on
I
!
99
T ■><.s^ WiW
(I 2
TABLK OF CriNTKNTR.
No.
67
69
7(1
71
78
73
74
75
76
77
78
79
80
tt)
89
H3
84
8.1
86
87
88
X9
90
91
93
Name.
Datt'
To llaruii I'iriicn .
Admiraltv ,
Sir I. \Ve.l
CohiitinI UtTirf
To Sir I.. W eat .
To Cotnniol Oilier
Sir I.. Wp.I
It t> •
Tn Sir L. Wrjt ..
.SiriVwVsl" '.'.
». I. . •
Colonial Office
To I'leiiipnleiitinrir-
l*'i«lieries i'mirerfiice
To Col.mial Offire. .
Mr. .1. CniniiitierliiiM, \l.l',
ColoninI OHioe
Sir L. W e«l
ColoninI Office
Oct.
II. IK87
I a,
14.
17,
If,
2(1,
l»,
12.
!•-'.
14,
14.
•>6.
29.
20.
2;i,
19,
2R.
29,
29,
93 I Mr Plielp.
94
95
Sir I-. \Ve»l
To Sir L. West . .
2H,
U«r. 30,
,lan. ,1,
IRSS
14.
2,1,
Feb.
3.
13,
17,
10,
22,
AiMwcru ^o. fil. Nfi riiiitlrir |>ro|M»inl iiiuile lu
Mer Miij*'^tv'i (in\t>riiiiietir. W'lmt will lie (Ir.
ri^ioii nl' (ierni.'Ui iioveriimeiit 'f
Si'IkIh ropv (if lelirr from Coiiiiiiiiiiiler-in-rliief on
I'licifir Statiiin, willi iie»«|in|irr e«lriirl« »* to
ileiiiiirrer li:iniie<l in on liflialt' ol' Itnliali leileri
Iteiiewfil i,riler<i *eiil I'ur relen'<e of ve«H>N
C(ip\ nf ileiip.it(-li troni (\'iim(l.i retpeclin^ neiiurf
of "AKreil Ail»ni»." .*«ii|'((e»l« lli.it prote«l
Bir.'iin-t ri);lit of !*eiaiiri- slionid lie made (u Hnilril
St.iles' (iiivernnicnt ., .. ..
Hel'iTi. lo nliove. To proteat UKainat teiiure of
" .Mfred Adam* " iind nimilar prorei'dinffa
An«wer» N" <0. Sir I« Weil innirui till lo proteat
atiainit leizure ul * .Alfred ,\il;iiiif.'' Priite«l!i
inade in |iri'\i(iiia rn^fH ,, ..
Referi to .N'nj*. 5'J .iiid 64. Ueplx received from
Mr. Itay.'ird .,
Annwiri N". 'ili. Notices of appeal Ijinp in
Sitk.'i Court. No Inrtlier »lop« taken ..
AntwrrH Nm. (jlj. Note to Mr. Ilay.iril 'eipectini;
■eiiure "I " (irare," "Dolphin," and " W. P.
Sayward " . . . . ., ,,
Refrra to nliove. Keply from .Mr. Ilayard ackiiow-
Irdiiini: note reapeptm^ Heiziirea of three venseU . .
Itrief ol (nited )Stnlc>° (iovernmcnt tiled in .Sitka
Court, and article thereon from " New York
Herald'
Refera to No 71. I'd K'*'' ^'f' H.ivard copv "f
incliisure in .No. 70
Hcfer* til .No. (il*. .Approves action
Ans»er> No. 71. Copy of note to Mi. liayard
priiti".tiiii: .iLMinsi «eir.iirc' of " .Alfred .Xdnin" "
and similar pi(H-redinu''i .. .. ..
Refer" to ahove. ( opy of noli' from .Mr. Itayurd
ackitoHti'd^inu' " .Alfred Ad.iiiii " protect
Deip.-itrii from Cajad.i melu.^in;; .Mitmte of Kxecii-
tive Coiiiird of llritisli Cotiiiiil>i;i rcapectinir value
of >:enlin^r iiiduslry lo provinre
No invitation leceived from United .Slates' Ooverii-
iiieiit aa to iie^otiaiions for preservation of seals.
Her Majesty's (iovernment f.ivouralily disjio-'ed to
neijotiate separately from question of fishery
rielita .. .. .. ,,
.Sends copies of Nos. Hi ami H.i . ,
Answers No. S2. (Jnotes instnietions lo Plenipo-
tentiaries al Fishery ('onfereiice as to ineliidinj;
llehrini! Him question
Explains cireiiiiiNlniu>es iiiider which negotiations for
presei vatioii of seals Mere nieiitioned. Snlpjeet
not lefei red to at Conference
Uevisi.)! "Initns of owners of *' 'rtiornton " and
" Carolina "
llefcrs lo No-. 3(i ana .'18. (.'.ise of " Sierra " will
prohalily he dismissed ., .. .,
Refers lo No. .S7. Revised claim of owner of
'• Onward "
Hlatemenls of clainia of owners and agents of
■ Favourite, " " \V. I'. Sayward. " " tiraie," " .Anna
Hctk," " Dolphin," ' .Mfred AHains.' and
"Ada"..
Despatch from Canada s.iyini.' notice has heen (liven
of orders for release of 'Onward,' "Thornton."
and " Carolina"
Revised slateinei t of claims of "Tliornlou." " On-
w.iiil,' and "Carolina, niid statement of jiersonal
claims of masters and mates of " Dolphin,"
"W. P Savward," " Anna Berk," "(irace,"anil
^ "Ada" ..'
Submits Mr Haynrd's i'.elaih'd proposal for Inter-
national l{eu;iilatioi,h
" New York Herald ' on the question of the seiliires
and closed sens
Copy of No. 9.1 . . .',
Pan
!»l)
10'.'
10.1
110
110
110
III
ill
112
113
I'i!
121
121
l'J2
12'.'
I'i4
125
12.1
1 '.'.■)
121)
ISC
l.Ki
HI
1C4
I Co
172
ISO
181
TAni.E op COVTKSTS.
l'«|ic
tiiailt' lu
1 hi- lie-
!lll
cliit'f nil
t<« A^ I'l
n-ilrr-
;)ii
KIJ
; ictinrf
prol*"*t
u rnilnl
,,
t03
•iiiiri' ot
H . •
110
o protcsl
Prol.-t.
III)
vnl from
no
Itinp iit
III
i>H))ccliii[;
• w. p.
..
ill
1 «<kii()W-
vc^selii , .
lU
1 Jii Silka
.-» York
112
1 rojiv ot
, .
I'i!
121
V, UdMiril
Ailiim- "
r. Iliivar.l
t
1)1 Kxi'di-
•tin(f valiip
".* OoTi'fn-
II of si>»l».
iisno-'ed to
ot lislltTV
n I'li'lllpo-
I imluclini;
liations tor
. SulijiH-t
itoii " mill
errn " will
owner of
atzclll'^ of I
•!•," ■• Anna
linn," and '
\'2\
I ■.>'.>
12:.
liii
pj:.
Vil,
ISC,
i:ii:
.. Ill
Im'1'11 i;ivi'I|
Thornton,' ;
on," " On-
of |H>r8onnl
' l)ul|>hiii,"
irarc," ami
for InliT-
llif (ii'iliiri'K
165
172
ISO
IRI
!)fi
Nanii'
To Sir I.. \V..I
07 I To Colonial Offiii'
DH To M. ill' SianI
■)'.) M ill' Sinal
1011 Cnlonial Oflin
101 'In Coliinill' OtliiT
Date.
Si bik I .
I'ii»:i'
102
103
To Sir I. W . .1
Colnninl OtHco
104 , To Cnlonial Offici'
105 Colonial Ottici!
106 j Coiinl riper
III/ Ciiloniiil Ollire ,,
I • ••«> 1
lOH Tn Sir I. UVii .,
109 I fo Colnninl Oflirr..
110 Sir I.. WeM
111 I To Sir I,. Wfft ..
Ki'h. 'J J. IRHN
Mar. 3,
.•(.
7,
Vi.
17,
17,
•n,
•u,
28,
80,
113
li:l
114
Sir I,. Wr-t
(I'll
TnCnloni.ll Otiiil.
(lolirtiial ( Itticr . .
I'/mpllic)
ll.i
'I'm Cnlnnial Otiirr
• ■
117
Sir I,. W.si
••
118
iia
•
,
|L>0
,. „
••
IJI
I'll Sir II. Morier (
1, Went,
Un In Sir
A|.i
30,
19,
3.
10,
14,
Mur.
Apr.
1 2'.>
! 'j:!
l'.!4
I J-.
To Sii
\\i-.t
I'll C!iilonial Officr, Itoaril of
Traill', anil Ailinir-nlly
Colonial Olliri' .. ..
Sir 1,. \Vi'«l .. ,,
IJli Cnlnnial Uflici'
l!27 Aili.iirallv
V2S Colonial Olliri'
12'.l
l;i0 Til Sir I,. Wi-I
'.Ml Sir I Wi'.l
13-.> . Ilonnl 111 Traill'
133 I Sir 1,. Wi'.i
134
31,
a,
(i,
i«i
17,
20,
20,
11,
24,
2.'.,
2j,
27,
1!).
Mnv 4,
Apr. •-",(.
Mav 1.
IntiTnatinnnl Ili'irnliliiMK (hi- Nh 9.'I (. Interni'w
with Mr. rii,'lp». UHnilini"-!! In jiiiii I niliil
tSiati'N unri MiiN'ia in an Aurii'ini'iii
Copii'ii of iiliovi' mill No !I3, for oliMiTvaliiiiiK
W'niilil 111' t'lail if 111* Mniilil jiiin 111 ilirinuiioii
An-wi'r* aliiivi . Will a^k fur in^titrtloiK
Aniwi'T" No !)' Mn<t niniiilt Cannil.i
Ani»ir« alinvi', ('i.pii"< of Nm <.)n {)'.>. inil lO'J
lla\i' rinrrveil all ii|;litH anil claini* .,i
Ci>pii'« of Nil.. 9H anil 99. Her .NInp'sl)'.. (iovi'rn-
tni'iit no not nilinil riiihti of jiiriHiIiriinn
Siiliniiti nntirp of a i|iH"<tinn liv .Mr. (miirli'i, M.I'.,
tor njiiiiion as to nn>wi<r on pninn rniii'il
Ainweri aliove .. ,, ,,
Trli'l^ram tr ni (iovenior-Cirmral of Cmafli, who
i> «niioni for aiinraiiri'< I 'anatlian vi'ineli Willi
not 111* inti'rfi'ml with in roinint' iienion j
Swi'ilinii ((ovrrnineiit liopi'^ ihi' ni')fiili:iMnns will
III' uncreiiafiil, Inil n not •ntfiiii'iillv inti-rentH to
inki' part , . . . , ,
Hi'liTs to Not. 104 anil 105. Piimiliiliiy of arnieil
rp»i»taiirp ity ji'iIit". .\nxinii* fnr aHiiiraiiri'ii of
non-intorfprrnce, A» to Ki'iidinft •' raan-of-war
to watrli proeecilin^!.
Copy of aliove. To ri'pri'iii'iit I'xtri'ini' im, iirlance
of lli'r Majrtty'i* (iovrrniiinii liriiii; alilr to
cnntrailiit riport nf inlrnileil npitiircn by I'niteit
■Stoii's . , . . . . '
Aii>wrr» No, 107. (iivi'< iiuli»tanci' of iihovi'
On rijilil nf icizeil vi'hsi'U tn Imnil pi'iiilin:; appral
Intcivipw with .Mr. I'lirlps. Mr. liayanl'' iinnlTirial
a»i<urani,vs that \i Is »ill not \w moli'iili'il pi'inliiiK
negotiation'), llinii^h tlir lattrr wiiulil hi' ri'iiilori'il
alinrtivi' liv I'oinin!: Pri'siilential I'lection
See Nil. 10^ No nrli'ts imiii'il vet for rnpinie of
Hritisli vesMl-i . . , ' .. , ,
SuhslJini'e 111 ;iliovi' ,, .. ,,
On qui'stion nf tmniliii); i'a|itureil se.ilirn ("ee
.No. 110)
Aniwirs .So. 114. Views on bonilinu' ■ni'l nppeal
questions . . . . . , ,
SeniU a letter liy Mr. .Swan, .Ansimanl Collector of
I'ort Townsen,'. on fur-seals, biariii'.' on question
111 jlIliMiirtinll . . , ,
Copy of eiimmiiniratiiin fonnileii on .\n. lOJ
Ri'fero tn Nil. I III. Meniiirnnilnni liy Mi. Ileii|aniin.
Cimiu'illor-at-l.aw. Itunilin;! ipii'.tmii seiilnl ..
Refers to No lli."<. Kxi'rntinn n( iiistriieliuns,
Mr. liayanl hopes there will he no more -eiziires.
Interview with liii'sian .\nilia«saitor an I I'nileil
titati's' ChartiO li'Atliure'*. hecision os tn n prii-
visioital liasi* fnr negotiation
Propose .Mixed Ciinnnissiuii to iiivi'slij;ii;i' dainn*
anil ileciile us tn rompi'imalion
Copy of No. rjl, for ohservations
INl
IH'.'
IH'J
l^'.'
I S3
IS.I
|K4
184
18A
183
IHG
187
l(*7
IH8
188
188
189
IHH
l!in
191
191
194
194
19,5
19IJ
197
197
Answers .No. 1 1(1. Teli'prain fiinii Canaila .'i- tn
last year's eaptiiii's ,, . ,
Kelers tn Nil. I'iO Private nnte fi'oiii .Mr. llavanl,
repeating; tliiit mi nriler* tnr si'iziiri"^ have lieen
issneil
'Telegrams hctwnii (',-inaiiu ami llrili.h Ciiliiiiiliia.
As tn self-iiefelice by srulers
Answers No, 12;t. I''ullv ''iinenr
Ditto. Canaiid wilt proiiiililv make resei ve". C'npies
of I'orresponileiK'e . ,
.See above, C.'iM'iili.iil entirislns
See Nil. II I. I'iiipesi' In exieml linn Inr appeal ,. ".'01
S(e No. I-.'-.' Ciipy ol null' to .Mr. Ilai.ir.l . 'J02
.■\nswers No. 1*-*;*. Disposiii to a^ree ., 'Ayj
Kefirs to No. I'll. Mr. Hayanl prefers tn await
jnilgniem of Appellate Court .. .. 20A
Answers No. 130, Copy nf note to Mr, H.ivanl .. ■_Mi:l
197
198
19,s
199
199
'JOl
^
TABLE OP CONTRNTI.
Nil.
l?6
137
)38
Nninr.
Diiie.
SlJB.PKCI
Culuiiial (JlBcv
Sir L. Wctt
M. (le Suul
Colciniiil Ofllce
1S& Mr. riiclpt
MO
Coliiiiial (office
141 To Hir 1.. West
M2
143
144
145
146
147
148
149
160
ISl
I S3
183
1S4
ISS
156
157
ISB
159
160
161
162
163
1C4
165
166
167
168
169
170
171
173
173
174
1T5
176
Tu Mr. rh.l|.» .,
ill Culuninl OHire,
Colonial Ufficc
May 1,2, lbS8
.10,
July S3,
35.
'.13,
Aug. 1 1
•J,
a,
•■I.
10,
10,
18,
Sir I,. Wist
To Sir I,. WW .,
To Colonial Office.
To f L. Wf.t . ,
To Colonial Offirp.
Sir I. Wr-t
To ColoniBi Office. . ,, |
Colnni.'il Offioc , , ,, ;
'1*0 Lord Sackville . ., j
(TfleKraphic)
To Coloni.il Officu .
Sir L. West
IS,
li.
16,
S*|it. 1,
I,
3,
Oct.
13,
10,
To Colonial Oflici>
Colonial Office
10,
. I .Sept. 30,
Oct. 13,
•20,
Nov. I ,
To Coioni.-il Office ,,l 17,
Colonial Otlicu . .1 lil,
To Mr. Herbert .. .., 12a,
(Tcleurapliic) I
Coloniil Office . . I 2(i,
., .. ..jUee. 3,
To .Mr. Ilerliirt . . ,. j 'i,
(Telegraphic) 1
Mr. Herbert .. .. ; 5,
(Telegraphic) \
To Colonial Oirice .. 7,
Mr. Herbert .. ..| Nov. 30,
„ •< .. .. Dec. la,
-I-
Canadian olijoctiona to cIom' tune Ite^^nlatiuni mum-
tamed , ,
Kefpri to No. 134. .Mr. Ilayard'n vievx ai to
etteniion iif time I'nr n|i|ieiil . .. ,.
Kxtruci from a UtiKniaii Memorandum re^ardin;;
lhehutitinKolie.il> .. .,
Circomttanri'i under wliieh " W . V. Saywaril " wat
released uiiiler >u>m1 at 8ilka ..
Urfce^ immedmle acliiin in re|;anl to International
Convention .. .. .. ..
Sendi a teteifr.nn re^pectitif, the propoved ^ale by
the I'lnled .Stale* of the " .Iniia IJeck," '■ Dol-
phin," "(irace,' and "Ada." Urge iti po»l.
piMienient .. ,•
Siib«tance of .-d>ove, for reiptired action ,. ,•
AcknowlediieH No. I;)9 .. ., ,,
Copy of No. 13U, for early consideration ,.
SiiliNtance of No. 141
Aniwera No 1 13. Canadian Iteport on its way ,,
Iti'fers to No. 1-14. Canada informeil .. .,
.Minnie of Canadian I'rivy Cunncil, irivinK their
views on liie United States' propoaaU for a ''.
lime. They protest against United States' du<:>
trine
Kefcru to No. 146. Minnies by ' , idian Privy
Council on proposed sales. What is progress
I of " W. I'. Saywanl " case ? . . . . . .
I .Answers No. 141. Note to United States' (iovern-
I inent ,. .. .. ., ,,
I llefers to above. Sale will be postponc<l . ■
Dillo. Copy of No. 148, for report
Ditto .Siibs*.ance of preceding .. ..
Hefers to No, I'Jl. Conversation with Mr. I'helps
on close season question. Diflicultiua felt by
[ Canada . . ., ,. ,. ,.
I Uel'ers to No. 147. Clone time. Substance of
above ,. ,, ,, ., ,,
I Hefers to No. 1.^0. Copies of correspondence.
Should sale be proceeded with ? ■• ,.
An«wers No. l.'jl. Case of "Sayward" not yel
docketed in Supreme Court ..
Copy of N". 155. What uelion ?
.Ansners above. Proposed reply .. ..
To art in sense of abo\e
Substance of above ,. ,, ,, ,,
Itefers to No. 185. As to disposal of condemned
sealers . . , , , .
Uefors to No. 160. Copy of No. 161. What
slioiild l>o ilone with " ..\da " ?
" W. P. Saywanl." .See No. 156. Should not
action advi«ed by C.inada now be taken ?
See No 158. Despatch from Canada on bondinK
of " (irace," " Dolphin," and " Auni iJeck " ..
IfefiTs to above and No. I6i. As to case of
"Ada"
Should «ub«ianec of aboTe be cominunicatcil ?
Answers above. Yes
.See No. 150. Substance of No. 165
" Ada." Correspondence from Cmaila .is to
uriffiiiiil appraisement
See No. 104. What has been dime about appraise-
ment ? .
What answe.' to No. 159 ?
Answers above. None, lias asked
Jon. 8, 1889
jPaiie
•J()4
■;o<
105
•JOS
aoD
W.I
310
210
I 210
•i\l
ail
211
all
ai6
219
•.>19
220
8J0
aao
'jai
2J1
^'j;i
'."j.'i
•J2.1
224
2ai
22 1
a-Jj
225
226
22 S
aj>>
22.S
228
229
229
CW
2.10
Substance of above .. ., .. ,. 230
Hefers to No. 168. Steps taken .. . . | 'J.'IO
Refers to No. 171. ilr. Dayard on lite ijuestion of ■
the sale .. .. . . ._ ,. 1 231
.Mr. Iloar's motion in Sen.itu for papers and Ucgu
lalionj governing fisheries ., ., ., 233
I
m
TABLK OP C0NTKNT8.
Wl
l'«R*
—
« iitiiin-
J()4
' .li to
,.
Wt
H^nUn'X
M)i
tl " WAK
•JOS
national
,.
WJ
•Ill)' liy
•• "Dol-
In |IOIt-
7W
, ,
210
, ,
aio
, ,
210
211
WIIV ••
211
, ,
211
itii; tlioir
2ia
in Privy
progrrfts
..
•.'!«
(iovi-rn-
, ,
219
. ,
■-'19
, ,
220
, ,
ajo
r. \'\\e\\»
; felt by
,,
330
iBlaiice of
, ,
221
poDiieoce.
2Jl
" not yet
'•■>;l
■/.
223
• • •
223
,
224
224
ondemiicd
. • -
22 »
\. What
• •
22.>
liniild not
?
225
II lioMclln^'
i..-k" ..
■JJti
u t-ase of
• • ■
228
I'll ?
22S
• ■ •
22S
.
2';iH
ila .14 to
■ • •
220
t appraiue-
2JU
< > •
230
question of
and Itcgu-
2.10
230
230
331
'233
■il
No.
177
i;n
179
IHU
IHI
I.S2
I S3
NaniP.
Dale
To Mr. Kdward)'!..
.Mr. Kdwarilm
(ii'luiilal Onici-
I'o f'lilonial OAicc
.Mr, F.dwirdi't
iH4 ' Til Coliini^il OfHrc
l«,'i Mr. Kdwardi'K
IHC ■ „
1H7 ' ,,
1
188 Colonlil Oltiro ..
IN,'-
1»0
nil
i;'2
l»3
194
195
19C
lli/
M>M
199
•.(Kl
201
202
20.1
204
iO.5
20G
207
20N
209
210
211
2IJ
2l:)
To Colonial Offlre,.
To Sir .1. Pauiiri'fotp
Mr. I'dwardi'D ,.
To Coloiii.il Olliii'. .
Colonial Office
Sir ,1. I'.innii fiilc ,,
I'oliMiinl Ortiii- ..
Sir J, I'aiiiu-el'ote . ,
('uiistd (irneriil Uonkcr
Colonifll Ortice , ,
To C'oliiiii.il OIBce
Colonial Office
ToCiiluni.il Ollire.
Mr. Kd.iar ie«
Cnloni.il oin...
It II •
I'o Mr. lulwaides .
. ] .Mar 23, l«89
23,
93,
26.
30,
18,
18,
.A(M 4,
.Mar, J.\
33,
25,
I Apr. 10,
I".
II.
13,
•i.
18,
It),
«0,
99,
. ! 28,
. .M.iy 14,
1
.; 34,
. June 28,
, July 27,
i
. ! Auj!. 3,
5,
8.
9,
3,
H,
17,
5.
19,
a»,
32.
•ii.
SiH ik:t
Prenidi'iit llarri«oii*N IVorlaiuatiuh utraiiial furei^rn
Healers entrrin)( lleliriuK Hi-n. To telr(;iNph
iPrniK of. . . , . . .. ,,
Su')>tani'e lit' I'lorlaniati'in ., ..
Text of I'l'iH'lamaliiin .. ,. ..
C.ill» altinlion to I'rix'lanial un. To make ri.|ire-
•riilalion,, . .. .,j
.\n<wer> above. Will delay action iifndin); receipt
of Act for proteeiiim of lalnion in ,MB*kn I
On priipo*. d nail* of iiliip«. Canadi.-in (iovrrnniont I
tliiiik .'iny inierferi-nre uitel|.ii4 (tee No. 175) .,
Ciipy of Act for protection of the Malmon fitherien '
of Alaika . . ., . .
Copy of .No. IH2, for ohnervation* .. 1
See Nil. 17(i. SeiuU extractn from the pnbliahed |
■ orreipoiiileiii'i. dealintf »illi the hintorical quei-
ti'in . . . . .,
I'reaident's I'roclaniatioii. Ilcmarki on liuring j
of . . , . . . . . , , I
Sa'inbo Fiiherlt'i Act (lee No. i.S9), Iteport un '
ilN courm- tlirout:Ii the two Houses in ('ongrean ...
I'mident'n I'roi'lamalion. Keinarka nn term
" dominion of the I'liited Stale., in the water* ;
of the Iti'hnnir Se.i '
What
AcknoKleil)r(» No. 184 No remark,
potition of " W I'. .S,i\»,ird ' ripjieal I
Copies of No«. ITJ, IMi, iinil 1H7. Ucmarka on
the meaning of the Act and IVorlainatioii ..
" W. IV Sayward." What i» position of case?
Ilimarki oi. reji'-'ii' Hili of .Mr Dunn for amend-
ing secliitn I9(i3 of the Kevised .Statutes
Answers N.i. I.'-'H. .Are a»aitini; Keports from Sir
.1. l';iuniefoti'
How long hefiire
habit of «ealini;
Answers .N'o. IHO.
lf*Bti were t'aiiadian vessels in
id BehrinL' Sea '
Would he ulad it our meaning
roulil he oftiri.iliy recorded .. ..
Answers No. 194 Has ,')>ki'd Canada ..
'• W. I'. Sajward. " Answers No. 191 . .
ICxlract from .Annnal Itepnrt nf Canadian |)epart-
inent of l''isherie^ tor lS^n
United Stali'j'revi.niie-rruiiirs ' Hush" and "Bear"
ordered to lleiinng Sea .. ., ,.
Professor Kavner's h-lter on tin- whole ipiestiou
.Minute of CniKvlian Privy Cooncil, with full Ueport
by Minister of M iriiie and I'lsheries, in which
case is ar>!Ued and chtiuis proenled
.•MIeged seirnre ol " Hhuk Di.ininiiii " in llehring
Sc'a ,a .• ,, ,,
Answers :ibove. Slinuld hive olfiiid details also
as to '* Triumph " ., ., ,, .,
Telegram from C.in;id:t. Ueporta tippear correct ..
Uel'ers to No. 1!I4. I'nll lleporl by .Minister of
.Marine and fisheries
" llhick Diamond " and " Triumph." rurllier
Heporl . .
Ca^e of the .American scaler '* San Diego " as bear-
iiii; on above c;isi'> ,,
Appeals fur ..ei/.iirct in iHHfi should be pushed nn . .
Oil eases of " illuck I Maniond " and " 'I'lininph,'*
and arguinculs of United Staler in re^'ard to
seals ,. .. .. ,, ,,
Itet'ers to No. 208. Telegram to Canada
" lll.'ick l)iatiiond " and *' Triumpli." lleports
from Canadian (iiiiei'iinient ..
Ailc^ed sciinres. Wiial truth in reporter lo
request issue of instructions to prevent recur-
rence ,, .. .. ., ,,
Kcters to above. I'o rcmin.l Mr. Itlaine of
.Mr. Havaiii's unotlicial asMiiances, SirJ. Faunce-
i'ote will discuss whole question, but Mer .^^■ljesty's
liovernnicni prole-I against «ei/ures ,.
Page
234
244
234
335
330
vsr,
287
338
238
243
243
2Jl
231
251
2.VJ
2;-i2
2«
254
2i4
•J5!>
255
255
257
358
262
273
374
274
275
289
2SU
294
294
295
'2\)h
300
3(11
VIU
TABLE OF CONTENTS.
No.:
Name.
I
Date.
2M
Mr. F.(i*ardrs
215
Co1oni.ll Ollicc
2IC
It 1*
•i\7
I'd Colonial Oilier
318
219
Colonial Ortiee
Admiralty
■>in
231
To Mr. E<lwarilc8
To Colonial Oflici-
•.'33
Colonial Officf
223
225
II II
•22G
Mr. I')ilw»riles
■m
22S
To Mr. i'llwardes
Aug. 36, 1880
fc|il. 'J,
3.
■«,
a,
9.
10.
10,
I'll
13.
17,
ll».
. . ' Oct.
229
230
■-'HI Coloni.il Office
332 To Colonial Olliee .
•.'33 Mr. IvUvnrilrs
231 To Mr, IMwanli's .
•JSr, I'o Colonial Office..
23G Colonial Otiice ..
537 ;
I
238 .. .,
239 Mr. Ed« irdes
240
241 To Coloniiil Oflici;..
243 To Sir J. I'aunoefote
243 Sir C. La!ii|uoii a id Co.
244 Colonial Oftice
I
C45 Sir J. I'auiicerotv
216
24/ I To Sir C. Liiinpion and Ci
24f< ' Sir C. Lamps-. 1 and Co.
3,
5,
12.
14.
Id,
24,
24,
24,
9,
l.'>,
Nov.
2,
•^1
6.
H,
Oct.
31,
Nov.
1,
l:<,
U,
Siiminarv o!' interview, and copies of correspondence
with Mr, Hlaine on aliove instritctioii^ .
■' lllack Diainoud" .mil " Triinnpli." Further
from Canada. Wliat answer ' ,, ..{
Cop\ of teiejivarn to Canada ,snniinari/.in^ informa-
tion in No. 214
Answers No. 21.5. ,Siy qnestinn is hein^ eon-
siilered. We have, so far, no authentic details . .
I'cfers to No. 21.'). Fnriiier di'tails from ("aniida . .
" iihck Diamond" and "Triumph." Statementt
hy owners
Ap|irnves No. 214 .. .. .,■
To ask (.'anada to telci;rapli at once any further
aloppa^c's . . . . . . . I
Affidavits ot masters .if "Black Diamond" and {
" Triuni|)h " . . . . , . ., '
lnstrnctioii>^ sent ill sense of No. 221 .. ..;
Recent seizures. Telegram from Canada. Affi-
davits being forwarded .. .. ,.\
Refers to No. 217. Copy of telegram sent to
Canada . . . . . . . . . . i
Copy of private letter to Mr. Blaine aiklng for '
answer to request for assurances of non-inter- )
ferenee . . , . . . . . , , j
Refers to above, Mr. Rlaiiie's answer . . 1
Copy <d' No. 222. To protest ai;diii,-t seizures as
wholly unjnstitled liv international law. Refers
to Mr. li.iyarii's unofficial as>uranres
Refers to " close time " iie);otlations of 1 8NG and
1887. Are ready to ilisenss .an a(.'rnemeiil for
the purpose . . . . . . !
Approves No. 22()
Iji'tter from .Mr. Clarke iiiclu>iti^ lli-port of a meet- l
in;; at Viclori.'i to protest against seizures. Case 1
of *' .Inanila " . . ,'
Refers to No. 222. Copies of Nos. 228 ami 299 ., |
Interview with Mr. UUiiie on the -iilijert of .Mr. .
Ilayard's niiotlieial assurances reij.iriliiiK seizures i
.\nswers iilinvi'. Kxplains what assurances were '
referred to in No. 22.S
Aekiiowled^ies No. 231, SuKj.'ests replvin^ to '
elTi ct lliat uliole <|Uestinii is under iliscnssion .. i
I'orwarils from C.'in.iiliaii (lovernment duplicate of
Report in No. 231 .. .. ..|
Seizures of ".Minnie," " .luauita," " I'alhtindir,"
and " l.ily." Reports from Canadian Govern-
ment, with copies of affidavits of masters , !
See No. 210. Report hy Canadian Minister <if '
.Marine and fisheries on i|iiesliMii of appeals
against I HHf, seizures
Question of appi'als. .Sends Meinoraiiduni hv
Mr. ('alileron C.irlisle on the case of the I'nited
.Slates' vessel "Sylvia Handy," which illustrates
point . . , .
Refers t . No. 234. and sends copy of letter to
Mr. Blaine in re)»ard toil..
Acknowledges Nos. 2l)fi, 237, and 2il8. l'ro;>ose
lo await Sir ,1. Pauncei'ile's Reports . .
Approves letter in No. 240
Urges importance of settling the question, in Inte-
rests of seal preservation, before it is I m lale
The High Commissioner for Canada in London is
to discuss queilion with Her Majesty's (iovern-
meni, . . . , . . . . . (
Copies of letters in newspapers by .Mr. Felton and
Mr. R. Rayiier arguing the qiicsiinn from (liffe- ;
rent points . . .J
I'riliminary conversation with .Mr. Ulaine. He
does[iiot assert Miiirc iftiitMtm doctrine, iind ton-
enrs ill ..sliming the tripartite neguliaiinn regard-
ing a " close season "
.Vcknowledges No. 24;). Will he glad of any
statistics and iiiforin.ilioii
.\uswers above, Colleitiii^ inlnrmalion. Ilieir
letters mav he published ., ..
I Page
,!00
303
3(;4
:i05
30.i
3(17
308
309
3U0
312
312
313
313
314
31,i
313
316
^1
H 363
31(i
^B 26a
322
H 264
322
■ 26S
322
H
323
H 367
H 366
323
■
■ 369
324
1
330
H 371
H 273
;i.i«
H 373
.•i37
B
338
H 374
338
^H
338
Hj 37,5
339
fl ^"
,^g 27S ■
340
9 "'*'" '
9 280 !
.t.'iO
^^B
353
I 383
a.'^a
1
TABLE OP CONTENTS.
IX
. . 300
iirtlicr 1
..| :toa
forma-
. . a<J4
ir roll-
aiU .. mi
naclii . . ;!<l."i
pincnH
.. 3117
. . 30K
further 1
..■ son
1 " unit i
. . ' 300
..1312
. Affi-
..' avi
sent to i
..1 313
linir for
)n-inter-
..■ :U3
.. ; 31-1
izuros as
Uofers
8SG and i
meul for
315
r a moot- I
«. Case I
315
316
3111
ml 29!) . .
I nf Mr.
t sei/.iiro* 1 32'2
iCf* wore
.. :)2'2
)lyiii)! to '
isiiili • . i 3?3
iiiliralo of
..1 323
illiliiuler," '
I (lovorii-
iiii^ter <if
f appeals
niliiiii l>y
.he liiiiti'il
illu«lrati'«
halter to
I'riirvise
)n, in inte-
•)ii late
Loiiflon 19
's (loverii-
Fclton and
from dilTi-
lainr ll>'
Miii con-
linn rejiard-
lail I'f anv
riifir
324
;!3n
\\A6
337
338
338
338
339
341)
MO
3.12
1 .l.VJ
Ko.
LM9
Ciilrmial Office
Dale.
Nov 30, 1?H9
2.']0 I Inlernalional Arliitration and Per.
! IVare A'sonstion
251
2.52
To Sir J. I'auncefote
.Sir J. Pauncofote . .
2j3 ' Colonial Oflice
534 I To International Arbitration
] and I'eacc .Association
265 Colonial OfTjce . .
25G
257
258
253
26U
2G1
2G2
2li3
2G4
2fi5 i
2GG
2G7
2Gb
To Colonial Office..
To Sir .1. I'auncofole
To Colenial Office,, ,.
Sir .). raiinrrlote , , , .
( i'elegraphii )
To Sir .1. I'aiiiirrfoto
Sir J. I'auncdotc ., ,.
«.
7,
12,
10,
II,
12,
i.r
14,
IG,
IG,
17,
1",
17.
IH.
StB.ircT.
(Telegraphic) '
Colonial Oilice ,,
n n • •
Sir J. Paiincefole , .
To Sir J. Pauncefote
Sir .T. Pauncefote . .
Colonial Oflice ..
To Sir J. I'auncefote
277
To Colonial Office,,
Colonial Office ,,
2.S0 Sir ,). Punncefotc
To Colonial Office. ,
Jan.
Keb.
2G,
2G,
iG,
10, i^M
18.
9,
23,
'8,
.•iO,
SI,
1.
6,
6.
8,
10,
1128)
Ilffer." to Nil. '.0'-. liepnrl of ComniiHee of i'rivv
Coo'.icil of Canada aigiiinp apajnut iiloa I'hut a
clo«o veaicon i» of pie^sinp 1 eressiiy, and inciosinfi
ytalements of practical haiitor?, wi.h history ot
C.nnadian scalini! iiit' rest!* .,
Hope a spiedy settlement will be arrived at ..
Send' certain proposal? as bases of possible negotia-
tion, for opini Ml . . . . .,
Mr. lilnine's view« on ahnvi proposals They ilo
not I'lirnish a pcssihie tiasls ,, ,,
Telegram from Canada giving viiws of Government
as to conditions of iiegot .ilii'ii . . , .
Acknowledges No. 250. .Mailer receiving eaii.tst
consideri'tion
Refers to No. 237. Despatches from Canada for-
warding c'-iiii 9 of ''.Juanita " and ** I*athfinder v
in detail . . . . . . ,.
Telegram to Canada recapitiilaliiig points in
No. 2,")2 ,
Canailian reply to above. General concurrence, to
avoid detav . . . , , .
(Jeiieral remarks on above. The negoiiaiinns might
now commence, the wishes of Canada being con-
sulted
Acknowledges No. 255. The claims therein will be
coiisidereil wilb others
.Answers No. 2.ji. (iives substance of Canadian
reply in No. 257
Siih-lance of No. 258. To make a formal coni-
nMihieatinn to rniud .Slates' Ciuvernnient in its
sense . . . , , .
C'ljiv of .i!:ove
Hefeipt (if No. 2cll, Iteasons for wishing to defer
cnnminnlralion .. ..
Ati^wrrs above. .M.nv defer comTiiiioication
I-".xtract ficm Ilepo 1 ot Serrelarv of 'I'reasury for
IHi'y on the trial l-lnnils in llehring Sea ' .,
Discussion with .Mr. Ilia tie as to compensation for
seizures , . , , . . , . ,.
.Amplifies ilie above .. ,.
Adxerlisenient by
tenders for fiii
years
•■ 'Irmnipb," " I il;
chiiii.'. for losses .. ,, ,. ,,
"Aiiel." Claim for compensation, with declara-
tiiins
New fur-seal ennliact (sco No. 2C8). Hcsolution
by Senator Pluinh , ,. ,. ,
An^wir of the I'liited States' (lovernment to pro-
test niade on l*,;tli October against the seizuri'S ot
Hriiisli xe^sfls. I.)elai!ed ai'.Minii'iils
AckiHiwhiiges alio\e. l-ornial repiv will be s,int.
Serds irrms for neuotiation, \\()iild Mr. liiaiue
be likely to accept tliini as basi.-i ?
.Answiis above. Thinks be should have more
information about amount of cninpensation
clainied before negoiiatuig tor close season ,.
" Kale." Studs clainiH lor cou.|.eiisatiou
Answers .So. ;t74. Claims amount to about 600,000
dollars, sulijict to revision
Clajuis revi.sed at Colonial Oilice, and ahoiilil nut
exceed 400,! Oil dollais
.Ask tor observations on No. C72
Claims for compensatiou. Tlial of the "Minnie"
will have to lie added ,,
Discu. sion Willi \Ir. Mlaine oil aiuount of compen-
taiioti claims, and ijuestion of arliilraliun. ills
proposals
May tripartite negotiation for close time begin,
leaving claims arliilrauoii in suspouse ?
Copy ot No. 2!sO. Propose to answer No. 281 in
affirmative ,, ., ,,
Secretary of the Treasnrv for
- cal contract for twenty. one
," " lilack Diamond." Detailed
3,^2
.TC-t
!C5
EGS
£C6
3C7
3£8
o77
378
37S
3/U
370
380
3?0
3S1
3^1
381
382
3S2
383
383
392
3?5
:!3G
3!)9
.■!9!)
400
402
102
403
403
403
404
404
TABLE OF CONTENTS,
No.
Xniiu!.
283
284
286
287
288
289
390
291 i
292 ;
293
294
295
296
297
298
299
300
801
302
303
'I'o Sir J. Pauncefote
C'uloninI Ullice , , . . I
t
Sir J. Paiincpfotp . . . . '
Lord Kntitsford to Lord
Stanley ( Iclegriiphic)
To Sir J. rauncefol<> ,.
Kol,.
I
Sir .1. Pauiicet'ntv . •
jf t< • •
To Sir J. I'aunceluli-
To Sir B. MotiiT ..
Sir It. Moriet
Colonial Olfiof
Sir J. Fauncefote , ,
To Colonial Officp..
Colonial Office
To Sir J. Pauuct'fote
Sir J. Pauncefote . .
To Sir J. Pauncef'ole
Colonial Office
304 : To Sir J. raiiiioilole
31)5 I Sir J. I'auncefotc ..
306 :
307
308
309
310
311
312
313
314
To Sir J. I'aiincefote
Colouial Oince ..
To Colonial Office. .
Sir J. Fauncefote .,
315 To Sir J. F.iuncefote ..Apr.
I (Telegraphic) !
316 I Colcni.il Office .. ,.;
317 Sir J. Fauncefote
.\Ia
Date
10,
II,
II.
I'-'.
13,
13,
Kit
14,
14.
23,
■-'•-;.
21.
24,
27,
'.'8,
>1.
20,
14,
1.5,
I,
7,
18.
19,
19,
20,
26,
21,
21,
3,
9,
31.
SuiuFcr.
318
319
320
321
322
Colonial Office
" ,,
Sir J. Paunrefote
I. ,1
(Telegraphic)
.Apr. 14,
19.
11,
IS,
28,
1890
call for
Answers No. 281 in .'itlirniative
Keniark>i by Caiia<lian (tovernment
tenders alluded to in No. 2GH
Ilefcrs to above, Mr. Ulainc consents
Substance of No. 285
All proposals from United Slates to be received
ad riji-t cndiitn
To arranjie with (iovernor-Cieneral djie wlirn
Canadian HeprescntuCive should be in Washing-
ton to assist
.\*> to Ku«^iaii ]<:irlici)ialiiMi
Itcfeiv, 10 No. :!Sy. lias wntleii m C.uiao^i
llefeis lo So. 2/1. Copy of No. •>» t ..
To invite itunsiun partiiiputiun,.
Uussiun .Minister will take part
''Minnir' " — claim for compensation, thus completing
the list for 18SU ,.
First inl'ornial nieetiiii.''. Submits area propoi^d by
.Mr. lilaine and .M. Strove ..
Copy of above, for opinion ..
Iteinarks on No. 2 <U. Sir J. Fauncefote should
confer with .Mr. Ttijiper
Answers No, 'iiKi. Ccnisult Mr. Tiipper ,
Meinorcndiiin by Mr. Hlaine of his views on arbi-
tration qneslion ., .. .. ..[
Jtussian (iovernment said to have renewed the ;
Alaska Commercial Company's lease of Rusaiao '
Seal Islands in Heliring Sea •• .. '
.Approves lanifuage in No. 280.. .. ..
Hematks on Nns. 280 and 300. IiiiporLint to know
C.inailiaii views .. .. .. ,.,
Hi fers to Nos. 2,W and 280. Copy of No. 303 .. |
I'uriliei- informal conversation with .Mr. Itlainc ind [
.\Ir. Tnpper
Knr-seal Islands said to have been leased to
American Commercial Company at large |
increase . , ,. ,, ., , ,
Acknowledges receipt of No. 288
Metiotiations come to deadlock ow.ng to difference of
opinion about a close season ..
Approves proceedings reported in No. 305
Forwards srliedule of claims for compensation ;
received from Canada .. ,. ..i
Copy of No. 308. Propose to wait . . . i
Usual Proclamation as to Itehring Sea fisheries '
about to issue . . . . , .',
Refers to No. 30S, Report of first funnal '
' 403
405
407
407
407
407
^n*
40-
40-
40^
I 409
, 409
i 412
i
412
413
, 413
414
414
415
415
415
416
416
417
417
417
418
419
meeting. lias prepared a draft scheme which ,
Mr. Tupper has taken to C.inada for consider*- ■
tion ,. .. . . .. .. i
Article from " Tribune," of New Vork, headed ■
" Hiuhls in Uebring .Sea " .. .. .. '
Approves principle of diaf't Convention referred to '
in No. 1)13 .. .. .. .. j
.Vnswers No. 31 1. Agree to wait
Newspaper extract relative to detention of the
" Patblinder " at Portland on cliarge connected
with her last year's arrest. Her release by order '
of Treasury * . . . . . • .
Telegram from Canada giving first impresiioni of
draft Coiiveutinn .. ., .. ..'
Canada acceptt draft with suggested mo<lif]C3tions . . [
Ile»ult of interview with Mr. 'Iiipper on his return '
from Canada, hubmils fresh draft ., . :
Correspondence relating to the fisheries as receired
from .Mr. Ili.-iine, including eviilencc of Unitetl !
States* eiperts ainj counter-evidence furnished by t
Mr. Topper .. .. .. ..[ 423
II IS received Canadian amendments to draft I
Convention, and proposes submitting it lu Con- '
ferencc .. . . .. ,. . ' 433
419
420
421
4.M
4^1
42.'
42J
423
342
.117
348
34;*
TABLE OF CONTENTS.
|P^
. ' 405
call for I
.. 405
.. 407
■107
'it.'il
warn
407
407
.,
-in*
40-
40^
, .
40fl
' 409
inpleting
i 409
polkd by
1
1 413
,,
41-.'
e stiould
412
412
oil arbi-
413
jweti the
Russian
414
..
414
I to know
4M
.303 . .
41.1
lainc ami
413
(■a«ed to
It large
• •
416
416
Iff rcnce of
, ,
417
, ,
417
pensation
41T
.
4l(i
fiiheriet
, .
419
t formal
ne which
coniiilera-
419
, headed
, ,
420
ferred to
..
421
4.'1
1 of ihi'
connected
'jjf order
, .
r/i
siioni of
, .
42.2
cation* . .
42t
ii-4 return
423
receired
f Unitcil
niahi-d by i
.J
423
to draft 1
to L'en- I
453
No.
Name.
Date.
SuiUKfT.
I'asr*
323
Sir J. Faiincefotc
(Telegraphic)
Apr. 30, 1R90
llaA sent in draft Convention . .
433
324
.» M ••
25,
Ht-frrs In No. 304. Vicw^ of Ciinnda a^ to prncc-
diire in regard to arlntratiun and as9t'»i>ment of
(1ani.-if;(>H .. ,,
464
325
To Colonial Odicc.
May 5,
Copy ol aborr, for remarks .. ,,
4.'>4
3-.>(i
Sir J. I'auncelot* ., ..
.Apr. 29,
iopv tif letier to Mr lil.nne pmidinjj in draft C'on-
ventinn as approved by C'anatlian Guvcrnment.
^pnd^ popv <if It
455
327
Colnni.nl Office ..
.May K,
Answer* N(i. 3'-'5. Crilleism? on No. 324
439
328
To Sir J. I'auncpfntp
8.
Whit (toe-* Air. Hlainu fay to draft ^ent home in
(Tflegraphic)
No. 3-(J? .. .. . . ..
460
323
Sir J. Pauncefote
(Telegraphic)
8,
An''^^er8 atiovo. Mr. HIaine maintains vilonce.
May he «ay the draft is approwd by Her Ma-
jesivV (JovprnnH'nt ?
460
330
To Sir J. Pauncefote
(Telegraphic)
9.
An-wers at ovt- m aflirnutive . .
460
331
»i (1 • •
9.
A»«wrr« No. 3*i4. Copy of No. 3J7. To combuU
Mr. Tup(irr in firtt p.aie
460
332
»» p» • •
lOi
Approves note in No. 3'26
461
333
Sir J. Pauncefote . ,
( Telegraphic)
11,
Keler- to No. 3*^y. Mr. HIaine Hoes not accppt
dtatt in present form, but thinks it offers a
ba^'S
461
334
(Telegraphic)
11,
An-wer« No 33L Ila« prepared draft Arbitration
Ai.'reenient, which Mr. 1 npptr will take to
Canada for approval .« ., ,,
461
335
II 1* • • * *
( Telegraphic)
14,
Mr. I upper not ^>nne. Draft sent by post
461
336
To Sir J. Pauncefote .,
22.
Answers No. 272. 8tat<» views of Her Majesty's
Ginernntent in reply to United States' arguments
in !«npport of sriziires ,,
4na
837
Sir J. Pauncefote ..
(Telegraphic)
22i
Hnlish ccnnier-prt pcisals rejerted. Ordere civen
to re\eiine-rnitzt r to dittinantie Itrilish sealers.
Interview with Mr. lilame to renion^trale. His
reply ..
465
338
Eitrart from " Morning
23,
|{enter*s telefiram annonncing orders given to dis-
I'ost "
mantle sealers
466
339
To Sir J. Paul cefnte
(Telegraphic)
23,
Answers No. 337. To warn Mr. Blaine that a
formal protest h beiiijr prepared ajfainst any
ihierterence with I'-riii-sh lesseU
46G
340
Sir J. Pauncefote . .
(Telegraphic)
23,
Answers above. Has sent in no'e ,. ,,
4C6
34)
To Sir J. Pauncefote . .
24,
Itefers to No. 33G. ExptaitiH why the answer was
delayed. In consfqiienn- ot ne«« in No. 337. it
slionid now be pr< -eiited. Hopes United Slates*
(iovernnient wid tak*' snth action as may obviate
nrce-i-iiy for a formal proii st
466
342
»» »i • »
29,
Uetors to Nu. 337. Heyret with whi(h Her
Majesty's (lovernment hae learnt news. Sends
■'.ratt of formal protest to be fvwt in if unfortu-
nalelv necessary
467
343
Sir J. Pauncefote .. ..
(Telegraphic)
30,
NeL'ntialions lor close (ipa'-im. [.onp note has come
in from United States' (lowinment rrviewinif
their history. It eonehu'es with the hope that
llntisth \e"MU will he presented b* Her Miijesty*»
(iovevnment fiom entering; Mel, -.i; S'a
468
344
To Sir J. Pauneefi.le
31,
Answers above. The proposal to prevent British
(telegraphic)
vessels ennnol be aeeeplett
469
S45
Sir J. Pauncefote , .
23,
Refers to No. 3*7. Nf«>paper extracts on lubjecl
of instructions
469
34C
u »l •• ••
23,
Amplities intorinalion piven in No, .'37. and details
eotiver>alion with Mr. Itla'ne . ,,
472
317
it II *•
23,
Note to Mr. HIaine fonnded on No. 3'Ki .
472
348
To Sir J. Pa;- ?efote
June .1,
Hriti-h sealers have alre.idy started, t.o cai'.not now
'ielegraphic)
be "topiH'd ( sfe No. ;J4^)
473
349
Sir J. Pauncefote
(TeUfraphIc)
7,
Gi\e» (•nhstance of a loi^c not* el-eited bv statement
(see No 344> that ller Maje^t\'h Oovernniprit
cannot stop sealers, in whim Presutent s n grel
is expr«'ssed at iirlioii of Her Map'SM'> (iovern-
metit. Ha-* deelimd to conlmne torte>pondeiice
pelldln^ instrneiioiis ,,
473
350
K 11
7,
TropoHHl tnUrview with Mr. Ulaine put off
474
(Telegraphic)
ri28]
xn
TABLE OF CONTKNT8.
No.
351
35 i
353
334
335
3S6
358
Name.
To Sir .1. I'jiiiiii'fotv
Sir .! I'nuiu'ilotc . .
IVllr
359
360
(Tcl((;ril|j|iic)
( rc-lcjr.i|plii()
Ml ,!. 1 ;iiii)ii'l'i)l<' ..
( IVIc'i'i:i|)liic)
Sir J. I'.iuiii'cl'ole .
( Ti'lepr.iphii')
1*0 S:r J. raiiiirt'tnti'
(IVlr-rapliic)
.Inn.' :, ISHO
M,iv •->;),
.Illlle 1(1,
1",
II,
(I'l'li'^'rapliii)
36! Sir,!. PamiciCoIr ..
3fi2
364
Col(jiiial Oilice
Sir .1. I'aiiiicuf'iitc
Colonial OHi(i>
369 I Admiralty
i
366 To Sir .1. I'anncol
367
3(18 Sir ,1. Piniu-cfolp .
I (Ti'legrapliic)
3Cy ' To Sir . I. I'aiiiici'lotc
370
371
Sir .1. l'aiiii(r(oto ,.
(■|Vli')rrupliic)
371! Colonial Ollico ..
373 i'o Sir .1. I'auiiiil'olu
(Tcli'giapliic)
374 Sir J. raiiiui'fol'.' .. ,,
i-',
3,
6,
17,
I'J,
20,
2{),
21.
••il,
10.
1>6,
.r»ly 1,
Aiiswfrs No. o4'i. I'.xpIaiiiH pii-^ition of Ilrr
.Mnjfstv's (lOVi'ronH'iil in r<'(raiii to ^caliTs, ami
ri'ailiin''H to lit'Ljotiatf foi' f!o«,' season . I
Hi'firs III No. ^^'. Mr. Hl.iini' arl>iio»li'ii^'i'F i
noticf <,t' formal pr(,(t"*t , j
Hoicrx to So. ."43. .Sends copy of note in which [
dralt (.'oiivi'iition i-* rcjcctfil hy Itn.-sii ami tlio 1
I'nid'd Statrs ,.
Inii'nii'w with .Mr. lilaitii'. «lio il. rlim ■* to (.'in' ,
torin;;l assurance ;> to iMm-i-'te-feri'iiLM'. i'roposes
lo S'liil in pi(it"!.t on 14th iiii'taiit . . |
.\i pri'vions intcrxiew oaw .Mr. Hlalne expianaliuiis :
ruiitaiueii ill No. :'')[ . . , , j
('ornspiiinlence «itli .Mr. HLiine alioiit stoppa'je of
sealer* hy Her .Majesty's (iovprnineut. \|r. lilnine
sii'jjxe.'Ha I'roelaniaiioil iTqiiesliiii,'ilieiii loahstain
for present season .
Aii.wiTs \o. 3J4. .May present protest .
Hel'ersto \o. 3.'>6. Would Her \|iijestv's doveni-
tirent refer to arliilratioii (|neslion of lefal ri;:ht
ol United Siatps' (ioveinment to esi linle liritish
sealers? If so. would they issue I'roelamation on
t-endiiions as to enmpensatioii lor t>ast aini pro-
sp'N'tive datnaires ?
.\iis\\ers aho\e. Serious difficulties ; hot if I'ri da-
Illation were issued, wolliil l.'nited Sntes' (jovt ili-
iiient ii'j.-ee !o speeitied eoiiililioiis r
(Jives ruiieh form in uliieii rroulaniatioii niiijht run.
if issued
Tin' United Slates' (JoverMmtiit having' suy^;esteil
thai a IVoelaiii.-itioii exelndliiL'' sealers tor this
(reason should he iv>ne'i. he lias replied that it is
intpossihie. Copies of eorre?poiidenee
Claiui fnini owners of " I'alhlinder " for her deten-
tion in Nea^'ii liay in .Maridi l.ist (s, e No. 317)
llef'ers to Nos. .'14!) .iiiil Mfil. Corresiiomiemre with
Mr. HIaiiiP on snhjeet ot proposed exdision of
sealers
t-^straci from .Annual Keport lor IS.sy of (!an;uiian
Miin-ler of Marine iiid h'lsiieries
I.i'iiers from Captain Ifiilton, ot Her M.njeHty's ship
" .Aniphioii," (liviiip; names cd' liritish sealers, llieir
owners, \e., and ther proliahle movements
llelers to \'o. 3.-)3. Kxpl.aiiis, hv eopies of iMirre-
spondence. i^e., pos tioii o! Mer -Majenlv's (Jovern-
nient Ml re^ar,l to the ne'jotiations of tlie spriiic of
IH.'sS, and eorreet.* impressions r-'eeived hv Mr.
Itlaine as to any formal ene;a);eni, viii;; then
luaii liiveii . . , ,
.\ppro\es note in .N'o. 3()I
j'l^re
474
474
475
47.>*
47ii
New^
papir
tele
rranis reportiiii
that United St:ites'
Itevenue erni;'.ers iu'm* not vet lett for Helini,,'
Sea
.Apptoves note in Mo. ,'((,3. Itemarks on an ohser
vatioii hy .\lr. I'hdiis in |.S8t< as lo elcetioneermjt
diHienhies in wav of tht-n eontlnditi(j iiej;otiati't:.s
Ilelers to No 3,',.'j. Coji\ of Mrninraiidnm piveii to
.^ir. ill.iine expl;iinin'_r m.ihilii v of Mer .Vlajestv's
(iov, rnirt-llt lo slop sti'lers . ..
Ileler» lo No. 3.);). ,May he send in offiiial note
formiilaliii;r eondiliot.s in i'e|<ard to i^sne oi' a
I'loelain.ition?
.Minute hy ('aii.adian I'livy (,'uiineit reeoniineniln'.;
that an ass.irame he sought that sealers will not
he interfered with . ,
I'lntii'i'ly eouenrs in proposal in No, 371 ..
Copy ol" mite from .Mr. IJlaine in answer to ■.]r'r\i-
ineiits in .Nil, 3;)ii. in wliieli iie dwells at. leii^ith on
iinilispiiieil lijihts of Uns-ia, and elaims tl.'iii for
the Uieted .^itates, aiiil anani asiis liy what right
and on what croiiiuK the present action of ijer
.Maje^tv'.s (inveniineiit is defended ':■. .
47!t
480
4rt(l
4 SO
481
481
■iS-2
4
1
4S6
v|
488
y
491
193
H
4'J3
493
494
1
194
493
196
4
197
iBB
TAIIM'; or roNTKNTS.
ciii
llcr
uiilcli
111 till' I
(Tin- ;
laiidiis
■ I'li* ;
I'llaino
ilj>t;iiii I
I -I?-*
415
■)7S
)7ii
47:1
4 HO
Naiiir
;!7.'
;t7i;
M7N
^)7;i
3S-J
Sir J. I'iiiincit'olr
rrt'leRrapliic)
{ Tili'LTapliic)
T(> .Sir J. I'aiiiirefoli' .,
4H()
l-ago
.\Fr. liliiiiii' will ronlinnr iii'i:ot!;itioiH at H-ir Har-
limir
Kd'ris In No. 3.'>7. ('ii|>.v nl' |iriili'>l MMit in on 14tli,
anil III' iiiilu riivcrinir ii
ScniU artirlo from ** N''\v \^^y\i lli-i-ald " purporting
to uivi* autlioritatirp vorsion of lliu story of the
ni'piittalions . , •,
Cupy of noti' to Mr. HIaine foinnlpil on authority
);ivin in \o. :i7.3 . . . , . ,
Iti'soliilion ailoplFil in llou!- of Itrpresontativps for
piilili..ltinLr coni-itponiicnri. .. ., ..
Approvi - noli' in No. :i7S .. ,.
Appriivcs noli, in No. 37(j ,,
Arl.i;...\lii|iri.s No. ;i74. llcplii'S at lonjrth to tho
arsmnonts ilnlnceil from allc'wl Itn-^ian riL'liM of
jnri-ilictioii over lii'liriiit' .Sim. (^iioli.< AniiTi'-an
I'onli'olions dating from 1 S'J'J, upinion.< of pulili-
ri.'ls :n to limits of niarilinio jiiriMlictinn. and
liiplonialic doiMimcnts of 1 HJJ, 1823. and 1^24.
Ilir Majesty's (iovernmrnt arc rradv, if npcon-
siiry, to rrfiT to arbitration i|i.c'stii)n of legality
• if rcri'iit raptnri*, witii tlic 1--111.J iliat depend
npoii il ..
JOS
506
S08
510
511
511
5)2
512
4, SO
4.S1
481
iS-J
■A':
•184
4S6
488
491
193
4^3
493
194
194
411.5
19U
197
C(»rrespoii(lencc rosiuH-liiij,' tlie lielirini,^ Sen Seal I'isli'rios :
I
No. 1.
Colonial Office tu Forcujn Office— {Rccehad September 1.)
J,.. Dnirnliif/ Slreel, September 1, 1880.
'"' I AM (lirectcdby flic Secrctai'y of SfiAte for the- Colonits to transmit to yon, to be
laid before tiie Karl oflddesleigh, a copv of a letter from tiiu Admiralty, with its irulonire,
respcctin!; the allcRod seizure of tlirc i?ritish Columbian seal schooners by tiie United
States' Revenue cruiznr " Corwin." , . , , in
I am to su-"est, for the oonsideralion of L ird Iddeslei;;ii. that the matter should
be brou^.dit before the United States' Goveiument, with the view of ohtamini; further
information on the subject.
I am, etc.
(Signed) R. II. MKADE.
Inclosure 1 in No. 1.
Admiraltij In Colonial Office.
Sir,
I A.M commanded bv mv T.nrds Commissioners
Admiralty, August 20, 18SC.
of the -Xdmiraltv to tr.uisniit
licrcwitli, for the perusal (if the Secretary of State, u teleu'ram which has been reeeivcd
from the Commandei-iii-chicf on the I'lcilic Station, dated at Victoria, 'J4tii instant,
respecting the seizure of three British Columbian seul schooii -rs by the United States'
Revenue cruizer " Corwin."
1 ain, &c.
(Signed) R. D. AW DRY.
liii'iusiire 1' in .No. 1,
'Rear-Admii\r ,<h- '•[. Cidiiv-Snii.uurh Admiralty.
(TelcKrai)hic.) Victoria, Aiujiist 24, 1880.
TIIRKK British Columbian seal schooners seized [byl United States' Revenue cruizer
"Corwin," Hubring's Straits, seaward 70 miles from oti' the land [? in tlic execution ot]
killin- female seals, and using tire-arms to do it, wiiich tlicy have done for three years
without interference, although in company wilh " Corwin."
No. 2.
The Earl of Iddenlclijli to Sir L. West
Sir, Foreiijn Office, September 0, 188G.
1 TRANS.MIT to you herewith a copy of u letter' Iroiii the Colonial Dllice, and
of its inclosure, respecting the alleged seizure of three Hritish Columbian seal schooners by
the United States' Revenue cruizer "Corwin ;"* and I have to instruct you to address a
[128]
• No. 1.
B
communicatinn to the Tliiitt'd States' (Government asking to In; fiirnisliucl with any
particulars wliicli tliey may possess rclativi- to this occinroncc.
I am. Jcc.
(Signed) IDDKSLKIfJIF.
No. ;?.
Colnnidl Offirc In I'nn'ii/ii Officr, — [Ri'iciml Si'jilriiiln r 2~ .)
Sir, Doiniiiifi Sh-rrl. Sriih-nilirr 2!). 1S,«('i.
WITH reference to tiu' capture oC Caniulian seaiiiiL' sehooners in !!ehiini;"s Se.i hy the
United States.' I'leveinic criiizer '• C'orwin," I am dii( cted hy .Mi'. Secretary Slanliope to
transmit to von, to he laid liel'ore the l!arl of Idch'sUiuh, a teU'urain li'Dm the Olheer
adininisteriiic the (iovernmcnt of tliu Dominion, together uiih a copy ot a letter I'loni the
Admiralty, with its inelosmvs, on tiie .snhjeet.
1 am to stale tliat, in Mr. StanlK)])e's o|iiiii()ii, the e.ise is nne in whieh n protest
should he made to the United Stat( s' (lovernment, accompanied hv a demand for
compensation, arid tlial Sir I,. \\'e>t miuht he inslnieted to make such protest and demand,
if, U|()n inf|Miry, lie ascertidns that the I'nited States' (Jovernnient maintain the [irctinsion
raised hy the seizure of these vessels on the high seas,
I am, S:e.
CSi-ncd) JOHN BRAMSTON.
Inclosine 1 in Xo. ;'.
Adminialnitor Lnril A. E. Riissrll lo Mr. Slihi/idjir.
(Telesm'lhic.) Sr/nmilirr 22. IS>J((.
Till'' Canadian schooners " 'J'hornton,'" " Onwaid " and " Caiiilina" weic seizerl on the
Ist Auiiust in Behrinjj's Sea hy the Inited States' cutter " Cca'win."' The c.i|ilain and
mate of the "Thornton" were tried in the District Court ol' the United States at Sitha on
the 30th Ausust. It was attempted to show that the " 'I'liornton " was seized lor killm^^
seal ah(.ut 70 miles .<-()ulh-sonth-cast ef St. George's Island, ivitiiin that portion of nehrin^j's
Sea ceded hv Ri
to the United States.
The dudi^e, in charuini; the ji
I8f)7, hetween the United States
(luoteil Article f of t!ie Treatv ol' the ."Olh .Mareli
d Russia, and alhrined thai
waters within the
houndary set forth in the Tre.ity to the western end ni' the Aleutian Archipelau'o and
Islands were to he deemed .American, and that the penalties of tiie Law airainst the killing;
of fur-hearinc; animals were to attach to its violation within the limits in (pie>ti(m. The
jury were told, if they hclieved the eyidcut't' ;is to Ihe killing' of any lur-lieaiim; animals hy
the accused on tlic .Alaskan co;wf/vi; jn'^ciliriAls;'^ , Sea, east of the lt'-"'.rd decree of west
longitude, to hnd them «uilty.''.\ .''• • ". . .••; " ■•'••;. •'
The prisoners were found ffu'ilty. 'J'.hr.rii'istcr of tlie " Thornton " was ijiu'd .')()() dollars
and sentenced to imprisojiywiit/Joij-^tKilty :tla-y^.' Ifjic: itiojj' was lined .'idd dollars and
sentenced to thirty days' ipiiri-iiinViiniii-: 1 lllie-.ttti'icCiViirt'. tht' otliir two vessels were also
tried, and similar penalties im|K)-ed upon tin
The Government of Canada protests
1st the claim of tl'.e rnilcd Slates to the
sole
sovereiuntv over Ikhrin
Sea, T'lO miles east of the wt'stcrlv houndarv o
defired hv the ahove-mentioned .Article I of the 'I'reatv of the liDlh ,Ma
'cn,
r Ala
contrary to the admitted principles
international law, and als
ui op|iosition
to th
United States' contention concerrnni; common waters on the coast of the Atlantic.
It iirolests also against the unwarranted and arhitrary interference of the authorities
of the United States with the peaceahle and lawful occupation on the hisli seas of
Canadian citizens, as well as against the forfeiture of their property and the nidi:,'nity of
iinpri.sonment which, have heen imposed upon them. The lore^oing facts have cdso heen
communicated to Sir Lionel West.
Tl
papJ
\'ict|
Cw.
hut
hy
(.11
for^l
I
Inclosnrc 2 in No. 3.
Ailinirnllji to Colovinl ()/fi<<:
.«;
ir,
Admiraltih Sfptemher 20, l8f»G.
I Ai\F coiniiiiindcd liy fnv Lord-* ('ominissioiiPis ol' tlic Adniiialty to Iniiisiuit to you,
ill ()riu:iiiiil, tor the |if'iii>-id ol tlic Sicictuiy of Stiit(.' for tlic ( 'oloiiii's, u IuUit Iroiii tiie
('oiiiliiiiiidL'r-iii-cliii t on the I'.icific Sliition, diitcd tlu' 'Jjtii Aiinu>t, icspcctin;,' tin' ^ci/.iirL"
of llircc scidinir sciioonfi's liy the L iiitt'ii Stiitos" ilcvcniU' ii'iiiz.-r '• C'oiwm,'" on tlic pica
of I hell' i<illiiin' k'niid(,' si'ids.
I lun to ii'(|U( st tiiat tlifsc |iii|irrs inny he sent to the Toriiiin OHicc, to I)L' rctiniicd to
this l)i iiirtiiuni wlicn done uilli.
I
nil, O.f.
l.^iL'iicd
i:VAN .MAC CRl'GOU.
liiciosurc .') in No. •'*.
I\f(ir-.lil fiiiiil Sir M. ('iihiwSi'iiiiiniir In A<liiiinilt<l.
Sir, " TiliiiHiili.'' (it E.-ijiiiiiiiilt, Aiii/u.it '23, IS8(i.
FN' conliiiiintion of tnv tid(';.'rain of t lie i'Mrd instant, I Uavc the lioiionr to intbrm
yon of the |iaiticnl:ii5, as lar as I can at pn-scnt ascpitain tlifin, of tiic sci/.urc ol liie
tiiivi' SI alio.; schooners hy the IJniii-d .'~^lat<s' Kcvenne frnizrr ■' Corwin."' a sniidl sufcu'
steamer.
The seliooneis arc : —
"'riiiirnlon." auxiliary s^crew, 'J2 Ions, Ca|ituin .) . 1). W.uim, owner.
" Carolirii.'' sadinLT, .")■_' tons, William .Mun>ie, owner.
"Onward." saiiini;'. •'(.''i tons, \V. Sprint,', owner.
All hclonu'inu: to \"ietoiia, liritisli Colinnhia.
'{'he schooner wliicli was seized iiearc-t to land was .'iO inili s I'rom St. Georire
Island, the other two ratlu'r further oil'. .Ml three were towed hy the "C'orwin'* to
Oinialaska, the captain and one man retained on hoard, and the remainder of the
f.cw sent to San Kraneiseo hy a steamer ti'iinii there, when they were set free, and sent
on here at the expense tf the owner>. arriving' on the ni.;ht of the "JSnd instant.
Their inrival at Sun l'"r;ni-isco was the lirst we luanl of tiie .'(diooners hcinu' seized.
Noiliini; h; s !)een distnrhed on hoard the schooners, except that the arni.s and
.innnimitioii have heen seized, and sullicient provision tor the crew on their passaue to
S.in I'laneisco taken.
'2. There; arc ten other sealing: schooners from Victoria in the Iklirin'z's Sea.
Thes(aMin is from ahont the 1st .Inlv to the end of .Aniiiist. If i:ol seized, they are
prohiiiily on their way lieie, and mav he cx|)eeted to arrive the middle of Septend)er.
The ipjcstion of whether they should hi' ])rotecte(l or not dof^ not, therefore, at present
arise.
Last year liiere were two scdiooner,-, Irom here in the IJehriu'i's Sea, and 1 an\ assured
the " ( '(.rwin " spoke them four or five' limes without interlerini:.
In 1>^-'l only one sclioonei' was there. The success ot these has caused thirteen to
he fitted out this se,iso;i.
.'i. I inclose copies of the lollow in:; as heariiii; on the suhjeet : - i
( I .) !,etter from captain of '• Thornton " to owner.
{'2.) Letter from captain ol " Carolina " to owner.
(.'M Letter from Mr. IJontwell. Secretary United States' Treasury.
(1.) .\ wariiiiu; pnhlislicd in San Kraneiseo papers and copied into Hi'itish Columhian
papers.
(:"».) Letter and tek';;ranis let ween .Mr. Luhhe and Mr. C'row-H.dier, .M.P. for
\'ictoii,i.
(tj.) A letter from the Aincricm newspiiper " ()ret;<)nian."''
I had lio|ied to have inclosed a copy of the lease Irom the Lnited Slates t •■ the Alaska
Co.'nincrcial {'ompany, and a copy of tlu; depositions of the crews on arrival at Victoria,
hilt the only copy of the lease in Victm-ia. as also the depositions, have hecn taken away
hy the ILiiionrahle G. E. Foster, Ciiiadian Mini-ter of .Marine and risheric-'. who was here
(;n the •J'.ivi.l, and left yesterday inoniiim. I have telegraphed to him for copies, ;;nd will
forwaid them as scon as received.
• N'o! priiitnl.
1.1 ^s] B 2
1^-
4. 1 would call ntlciitioii to tlic 'I'lCiity concrriiini; tlic cfRsiori of the Kiissiiin
possession-, in North Aincrliii to th<' Ignited Stntis, coiu'ludcd 'Mn\\ Mairh, I8ti7, in
also to thc< Coiivt'iitioii lictwci'ii Orciit Mritiiin iiiid Kiissiii, -.iLriicrl Kith CJ'^lh) I'Vlirunry,
1H'2C>, iiiid ht'ij to iiinlvf tlu; I'ollowiiii; ohsiivatioiis : —
All Anicricnn Coniiiany. calli'd the " Alaska ('oiiiiiifrcial ('oiiipaiiy,'' ha\c' a Irasc from
the United States, dated 1>^70, of the Islands of St I'aul and St. (ieoiL;e for twenty years,
with till' ii;;ht to kill lOit.iHKi seals iinmially on tile islands and " wiiteis adjaeent." A
United States' ollieer i-. slationcd on these inlands to see the tcriiis o( the lea«e |)rr|ierly
carried ont, and the "(.'oiuin" is also tlieri! for this purpose, l?y tlu- feniis of the lease,
fire-arms aiu not to he used to kill the seals, nor may teniale sials or seaN under one year
old he killed.
o. It would appiar liy Inelosuie No. ■)* that, tiie Ignited Stales claim the whole of the
nehriiiii's Sea, hounded on the f^imtli hy the Aleutian Ulaiid-;, and. as laid down in the
Treaty uf IPliT, as American teriilory. It would seem iiLpo^^sihle to sustain this, for it
would ajipear to he the "high sea," and not Kus-iu's to cede, and this line ineiitioned
in the Treaty only ii.eant to include the islands within it, anil not the sea.
I liej; to draw special attention to the letter I'rom Mr. Moutwell in 1872 (Inelosnrc
No. .'j).t Mr. Houtwell was then the Uiiitiil States' Secri'tary to the Tnasury, and he
distinctly states his (ioverniiunt could not iiiteil'eic lnyoiid a niaiine lcai;ue I'rom the shore.
Mr. lioutwell wa-, I am told, uriatly instiuinental in proeuiini; the lease of St. Paul and
St. (leorire for the Alaska ('omiiieieial Company, and was therefore interested in excludiiif^
sealiiii; vessels from the HehriiiLf's Sui.
(i. 1 may mention that (emale se;ils cannot he (listini;nished from males when killed
asleep on the water at sea; the seals killed hy tin' .Alaska C'oinmercial Companv are all
clnhhed on land, when the dillercnce of sc.\ can he easily seep ; hut that does not really
affect the (juestioii as 1 view il, which is simply whether the neli!in;;'.s Sea is the "high
sea," or not. If, as I take it, liehrin^'s Sea is the " hit;!; sea," I piesumo no vessel tishinij
tlier(! e:'.ii he lefjally iiiterlered with.
7. The " San Diei;i) " referred to in Inclosnres 1 and •_'; is an Anuricaii sclio(jncr,
and was taken and confiscated, 1 am infoinied, for landiii;.; and killinj; .'jUO seal- on hind,
contrary to United Slates' law.
8. liiclosme "),§ from a izenllenian in Victoria interested in sealini;. and the tele:,'ra|diic
answers, show that the ouners of the schoomrs sent them nj) with their eyes o|ieii, and
were aware they lan a risk of hein^ seized.
y. Indosure fi'j is a letter in nn American newspaper, the " Orenoninn," ])uhlishcd nt
Portland, Oregon, and sliows the vieu takea hy 'iianv Americans on the suhject,
I have, &e.
(Signed)
M. CULMK-SKYMOUR.
P.S. PnrI Monihj. Aiujiist 1:7, 188(). — The de|)ositions alluded to having just arrived,
I inclose them.
M. C-S.
Inclosiire 4 in No. •'}.
Vdptiiiii II. Gr.llpriiinnii [.'J In I'tipimn .1. I). Warrfn.
Sir, Srlini,iicr " Jliiiiiiloii," iii Port lli'iliik, QunnUisha, AiKjust 7, 1886.
AS this is my first opportunity to let you know that on the Isl August at (i P.M. — my
position 50° -1.'/ north latitude, HJH' I I' west lomiituile — havini; on hoard -11)3 seal-skins,
all well <;n hoard, when United States' Revenue cutter "Corwiu" placed an ofiiccr on hoard,
took arms and ammunition, took us in tow. At 8 p.m. sto|)ped and took .schooner
"Carolina" in tow.
Aui;ust 2 at (i a.m. stopped and took schooner "Onwaril. At noon latitude 54 30',
Iont;itudc 107'^ 18'. At 8'4t) I'.M. hi ought lis to anchor in ahove-incntioncd port ; took all
the hoats from the schooner; put a watchman t)n hoard from the cutter.
August 8. At 9 A.M. an otticer from the cutter came on hoard and took the ship's
papers.
August 4. An otficer from the cutter returned one hoat, and gave four of the crew
liherty to go on shore from 8 a.m. to 8 p.m., at the discretion of me.
i
I
• Si'C luclofure 7 in No. .^. + Spc Indofurc G in No. 3,
§ See Indosiir- 8 in No. 3. || tire Iiiilnmrc 9 in No. 3.
X fee Inclofures 4 and !i in Xo, 3.
^ See Inclosure 9 in No. 3,
■^1!
ic Russian
, I8tl7, in
I'V'liiiiiiry,
li a-c from
ciitv years,
ICCIlt.'" A
|piTpcrly
il' till' Icasi',
ir one year
liolo of the
iwii ill the
tlii'i, lor it
iiicatidiicd
( liiclosiirc
iiry, and lie
I llir >li(HC.
H. I'aiil and
II ixchidinL;
ulu'ii killed
jiaiiy ari' all
.'s not rciilly
s the " lii^'li
cs>,ci tithing
n ScllOOIILT,
on land,
e tc'lcarapliic
cs ojii'ii, and
I)(il)lishcd nt
ft.
YMOUK.
just arrived,
M. VS.
.7 7, If^SG.
i'.M. — luy
3 seal-skins,
L'cr oil board,
ok seliooner
tude 54 30',
art ; took ail
)k the ship's
of the crew
I 5 in Xo. 3.
No. 3.
Air.;ust /». Nolliiir^ done to iviuark.
Au;;ust (i. Ditto.
.\u;;ust 7. At U .\..m. an ollicer from flic cutter came on hoard ; took soiiin provisions
fidiii the schooner. At -1 I'.M. tool; ten men, and are ;;iiin!; to he sent to S.iii l''r.iiieiseo
iinniediatelv with steamer "San I'aiile, " as leaves just now.
" .'^aii DicL'o " is seized and stripjicil lure.
I Ihne put in my |)rofest.
Mv late-^t news froui the le.-t o!' \'i(ti)ria selioouers is '• doiiii,' wdl." I know not
more iu^t now, and remain, vouis, kc.
(Sigrid) II. OrTTriHMAN.V [?].
.My protest is as follows: —
"i, II. (Jutlernuiii ['i"], master of nriti>li Rchooiicr '"''jiointon,' do liirehy declare
tlia' I do not know wherein I have violated the laws of the I'liited States or oilier naliuns
ill takiiiu' seals beyond the usual limit of .'5 leagues [? mjlesj lioiii siiore within liiiirin^'s
Si'.i, and I Iheierore inter this my sulemii p'otest im;aiu,-,t the action of the I'liitid States'
authorities in seizin;; this the vo^^i I under my eonimaiid, t(i_i;ctlier with the seal-skins
comiiosiiii; ear^o."
(Kxeii^e haste.)
II. (!.
Irdosme .0 in .\o. •!.
Cnpldin .1. Oijihir to Mr. M'. Miniiir,
Dear Sir. Ouniihshi, J»;/».s7 (i, 1"*80.
'I'llK I'liited States' steamer "f'orwin " hoarded and took charge of the schooner in
latitude '>•>' ;'(i' iiorlii, lomjitiide KiS ;Vi' west, 'i'hey took all the fire-arms from the
.nehooner. I asked why they did so. They >aid for killinu; female seals and carrying; tiic-
arins. 'I'liev toived the " 'riioriitou " and *• ( )nward " in at the same time. 1 have ^'ot
(js(i seal-skins on hoard, " 'riioriiton ' 101, " ( hiward " TOO. 1 have heard nolliiiiL,' of
the " Pathfinder" in the nehrin^'s Sea ; she was .sei'ii off Sitka cuniiiig up. It was on the
1st .\ieiust, at a r.M., they took ('iiar^e of the sciiooiier.
'I'lic Amerieaii schooner " Sail Diei'o" is in heie, they are takiiit; nil her skins and sails
on shore; ")(l() skins.
Your, &c.
(Signed) JAMES OGILVIK.
Inelosurc 6 in No. 3.
Mr. lioiitnell to Mr. Plirlps.
Sir, Trcnsiirij Ueiitutmcitt, IVusliiiu/lnii, April 10, 1872.
YOUR letter of '.lie "Jittli ultimo was duly received, ealliui? the attention of the
Department to certain rumours ciiciilatini; in San Traneisco 'o the ellect that expeditious
are to start from Australia and the Hawaiian Islands to take fur-seals on their annual
migration to the Islands of St. I'aul and St. (ieorge, throuiili the narrow i)ass of
Unmark. You recommend, to cut otf the responsibility of evil resiiitiiij^ to the interest of
the United States from these expeditions, that a Revenue cutter he sent to the region of
Uiimark I'ass, by the Kith ..May next. A very full conversation was bad with Captain
IJayaiit upon this subject while he was at the Department, and he C(mvineed it to be
entirely impracticable to make such an expi'dition a •■ ni'i;; one, inasmuch as the seals go
singly or in pairs, and not in droves, and cover a la egiun ol' water in their homeward
travel to these islands, and he did not seem to lear thai the seals would be driven from
their accustomed resorts, cviu wert; such attempts made.
In addition, 1 do not .=ee that the United States would have the jurisdiction or ])()wer
to drive off parties goinu; uj) there for that purpose, unless they made such atteiii])t within
u maiiiie league of the shore.
As at (iresent advised, 1 do not think it ex|)edieiit to carry out your suggestion, hut I
will thank you to communicate to the Dei)artment any further facts or informaticn you
may be able to gather upon the subject.
I am, &c.
(Signed) GEO. S. UOUTWELL, Secretary.
Inclusuru 7 in No. .'V
F.I I met from the " Ihiihi lUilish Ctiloiiint " nj .tinil ti, ISSC.
Alaska Skai. ('atiiiini;. — 'I'lii' story j,'i)Cs that seine [joarlicrs wrie (ittini; out in
San FriiMi'isco to kill scuU on the I'l'diial |ii'i'scrvu-* in Alaskan watiis. To warn all Midi
imrties Sicictary Manning adilrc^-i'il tin' rojh.winj; ir)ti' to ('ollcctor lla:;fr:--
" Sir, " Tioasiiri/ Ih'iiiiilniriil, Mnnli 10, l.SSIi.
"1 trnnsiiiit lu'rcwitli, loi' voir infurmation, it (.'opy ol' ii Ictttr iid Irrssod \>y tlic
D('|iartnitiit on tlic llitli Miircli, I'^sl, In 1). A. D'Ancona, concirnin:^ flic jiin'^dictioii ot
tlif I'liitcd Slates in tlic watiis ot ilic 'IViriloi y of AlasUa, and flic iJii'vciition ol tlic
killiiiL: ol Ini-scals and otlicr riir-lii'arlii;; aiiinial-i witliin siicli areas, as prcsciilicd hy
('iiajilci' .'), Titli' 'J.'i of the Ucvi»cd Siatnlcs. 'I'lic atlcntion of yoiir |i|'cdc(( ssor in oOicc
V. as called to tliis snlijecl on the -Itli Apiil, IS'^1. 'I'liis coiiinuiiiieiiliiin is a<;dic--cd to
you, inasiiiucli as it is understood tiiat eirtaiii parties at your port (.•oiitiinplatc tlic littiiii;
out of expeditions to kill fiir-seals in these waters. ^'on are rcipii-li'il to nive due
pnhiieity to sucli letters, in order lliat sueli parties may he iiiforined of the construction
placed hy this De[iartiiiciit upon the provision of law rcferriMl to.
" Itespeetfully yours,
(Siu'nc'd) '• U. .Manninc. Sn-n-liiri/.
'• C'ollcrtor of Ciistoiiis, San Franci-co.''
Upon rcferi iici' to hack hies we l:iid the full evplanatioii of this iioti in the
letter referred to, which is as t'ollows : —
"Sir, " Ti'i-ii^iifii Drjiiiiliiiriil, Miinli 1 , hSSl.
" Your letter of the 19lh ultimo, reipiestiu,' certaii. information in rc:;ard to the
meaning,' placed hy this Department upon llie Law reijulafin.;- ihe killiiii: of fur-heariiiLr
animals in the 'rciritory of Alaska, was duly nceivcd.
"The l,iiw pndiihils the i^illinL; of any fiir-hcarinir animals, except as olhcr'visc
therein provided, within thi' liniit~. ol Alaska Teni'iiry, or in the waters tlnreof, and also
prohihils ihe killiiii,' of any ful■-^eals on the 1-lauil,-. ol St. I'anl and St. (Jeoru'C, or in the
watcr.s adjacent thereto, except ilminir fcrtain months.
" You in(|uire in regard to the iiit.riiretalioii of the terms ' waters there ' and ' waters
adjacent thereto,' as used in the Law, and how far the jurisdiction of ih I'liitcd States is
to ho understood as ( xtendiiicr.
" J'rcsuiiiiii'i voiir impiiry to rclalc more e.-iieeially to the waleis of Western .\la>ka.
yon am informed . lat tlie Treaty with Russia of the •''Otli March, |si7(),* hy wiiieli the
Tcrritoiv of Alaska was ceded to the I'nited Slates, dcfmes the houii'iary of the tcrrilory
so ceded. 'J his Treatv is found on pp. 071 to '17"> of the volume ol 'I'rcaties ol' the
Revised Statatcs. It will he seen, therefore, that the limit of the cession extends froin a
line startim;- fro'ii the Arctic Ocean, and lunnini; thron'.:li lichring's Siiait to the north ot
St. Lawrence Islands.
"The line runs thence in a south- westerly dire.'tion.so as to pass midway hitween the
Island of Attou and Copper Island of the Kormai.shorski ('on)det or (iroup ottlie .\orth
I'ac tic Ocean, to meridian of 17''i°\vcst lon;:itu'le. All thc^ wati is within that hoiindary
to the western end of the .'Mentian Areliipelairo and chain of islands arc considered as
comprised within the waters ol'.\la»ka Teriilory.
" .'\ll the penalties prcscrihed hy l\nv iiLrainst the Uilliii'.; of fur-hcariiii;' animals would
therefore attach ag-ainst any violation ot law within the liiuils helorc di's-ribcd.
'■ Very ri spertfully.
(Sinned)" "ILK. V[{\\SCl\, Aviinij Secrelnn/.
"D. A. D'Ancona,
717, 0'l'"ancll Street, Sau Francisco, California."
All ]iarties arc warned that the rule laid down hy the Sccrctarv of the Treasury of
the United States in ISSl, :ind reallirmcd in the note of Si'cretary .\Iamiimr to the
Collector of this port of date of flic KJlh .March, L's^^li, will he ritjidlv eiitorced ajainst all
who attempt to poacn u|)c)n the I'Vdcral ]'reservc hy killing seals withiii its limits, there
laid down and dcliiied, in the waters ol Alaska. From that preserve the {''cderal (ioverii-
liient (iciivcs revenue, and its lessee is ciilillcd to the protection proil'ercd hy the note of
the Sccrctarv rcfcrri d to.
(T.
l'-G7
^^
Hint,' out 111
Mill ;ill MK.'ll
Hi, ]S8().
ssi'il liV tllc
iri^iliction (it
tiiin ot till'
iisciihfd by
■.SOI' ill iitlicc
;i(l(lr('--i'(l to
li' lilt' tittin^
111 uivo (linr
coiislnictioi!.
!<vrn'l(ini.
uW ill the
I I-, l«SI.
I'UMld to till'
I' t'lir-lic'iiriiiir
as otlicrwisL'
rcol", anil aUo
)i'i;c', or ill the
aii;| ■' w.ili-Ts
litc.l Stiiti:s i^
'stiMii .\!;i>kii.
Iiy wiiicli till!
:' till' territory
ixiitics of till'
vli'iids (roiii ii
I llin north ot
v hi Iwicii till'
'ot till' Xoitii
hut hoiiiuhiry
cimsidi'ii'd iis
iniiiials would
I Srcrelan/.
Inclosur H in No. ".
Mr. F. l.iihUi- lo Mr. E. Croir-Knltrr. M.f.
Di'ili' Sir, I'irlfirid, HrilUh Citlninliin, Monk '.'t^. 1^**').
'I'll I". iiulii-.('(i < lippiii;? <'X|)hiins itsilf.
Till' (|ii('stioii i wish to a^U you is, C'iiii the United Stiitcs chiiin the iii^lirly half of
l>i'hrin;,''s Sea as Ami'viean "ateisr
'I'lic liiiii-h xhooncrs " .Mary I'lllcii." " Favourili'," • Onward," '■ (iiacp," " l)ol|ilnM.
"Anna Heck," ''Win. !'. Sayward," " Mary 'I'aylor,' '• CaroliiM," "Alfieil Adam-," and
"Active" intiiiil to folliiw the seiU into I5ehriii^"-i Sia at the end ol the seal-li-hiiiir
season oir the l?riti-li Cohiiiihia enast, say the tiOlh .May next. These si hoonei's woull
speai' and shoot seals imon the hiuh seas, anil have no oeea .ion to •,'() witiiiii HI) niiii s of
any land. \\\\\ arc aware that the Hrilisli selionner ".Mary I'^llen" has already made two
siicee-slul voya^ius to tin; l!elirint;'s .Sea ; l!ii' " l'";iviniiite " made also a siiecesslul vo\aL;e
(luriiiu; \HHU. Moth these vessels were spoken liy an .Xmericiin Revenue eriiizir in
Uchriiin's Sea last suniiner. hut not in iiny »av molested.
Would it not he well for you to ohtain from the Minister of .Marine in Ottawa
a wrillen o|)iiiii)n, and, further, wouhl you he irood enough to coiiinninieate to mo the
suhstance (<f such opinion hy wire?
I lease art pi(iiii[itlv, and ohii'.'e voiirs, &.c.
(.•^itincd; F. LUUBE,
Wdniiiiij to Si'dl lliiiitcrs.
The Treasury nepartinent. haviiii,' heeoine infiirined that certain |)arties arc fittini; out
expeditions lor liie piir|iose of killinu; lui-seals and otiier fiir-hearin;;' animals in .\hiska
wateis, i^ives the lolloninif inforination to parties c'jnceriied, as to how (iir the jnrisdietion
of the United .^tates extends in llie matter.
Tho Treaty with Kussia of the .'lOlli .March, l!^7i), hv which tlii' Territory of .\laska
was ceded lo the United .'states, delines the houiulary of the territory so ceded. It will he
seen llierel'rom that the limit of the cession extends Ironi a line slartiii;; Iroin the .\rctic
Ocean and nmnia ; llirou!,'h 15eliiini:'^ Straits (o the north ot St. Laurence Jslands. The
line runs tlieiicc in a soiith-we-terlv direction, so as to ])a«s midwav l/etwccii the Island of
Attoii and C'nopcr Uland. of tlie Kromanhoski ci)U|)Ul ()i'i;iou|i, in tlic North I'acilic (Jican,
to meridian i 7."1 west loiiiiittidc. .All the wateis within that houndary to the western end
of the .Meiitian .Vrchipehiu'o and chain of islands are cunsidcrcil as comprised within the
wateis of Alaska Tcriitorv.
All the ])cnaltics prcserihed hy law a;;ainst the killing of fur-hearin;,' animals would
(hurctbre attach asiain^t anv violation of law within the limits descrihed.
Mr. A. Crnii-Uukcr lo Mr. F. I.iihlw.
(Telcu:raphic.) .iprll '20.
Your matter |)rol,'l'es^ill:; expeditiously a', [lossdilc. Hefcrred by Council to
.Minister .lustiee. \\ ill ai'vise vou when decision is reached.
^ Mr. /•;. r. Noirliiilhuin In Mr /■'. /.((/;/)(■.
^ (Telcp-aiihic.) Min/ .'!(),
I Minister .Instiee L^ives opinion in vmir favour and lerainst .Aiiierican contc'iitloii. Jle
i has leeomniendcil attention of Inijienal (iovernment iieim; called to the suhjccl in order
that views of Canadian (iovernment he then su-taiiu il and eiilorced.
e Treasury of
nniii'j; to the
■ed a,'ainsf all
s limits, there
deral (Joverii-
1)V the note of
Inclosiirc 1) ill No. ■'!.
Di'cldrnlioiis.
I, ■\VILL[.\.M MUNSIK, of Victoria, -roccr, do >oleinnly and sincerely declare that I
am sole owner of the schooner '• Carolina," and she has a Canadian reu-ister, havirt; liccii
registered at the port of Victoria. The vessel and her outfit at the time she Icl't .'"or
8
Behring's Sea was 7,000 dollars, and I make tliis solemn declaration, conscientiously
believing the same to be true, by virtue of .ho Act jiassed in the ,T7lli y< ,u' of Her
Majesty's reign, intituled " An Act lor the Supijrcssion of Voluntary and I'^xtra-judicial
Oaths."
(Signed) AVM. MUNSIE.
Talicn and declared before nie at Mctoria, this 23rd August, 188G.
(Signed) M. W, TviiwniTT Drakk, J. P.
I, Thomas Mcl,ac(ly, of Victoria, Uritisli Columbia, cook, do solcnniiy and sincerely
declare that I was eniraged as cook on boaid the I'rilish schooner "Carolina," and I was
on board when the United States' steamer "C'orwin" seized her. Durin;; the whole time
the said schooner was sealing she never sighted land once. Alter she was seized the
"Corwin " took her in tow a'nout, 6 oclock in the evening, and about 3 o'clock in the
morning the Knglisli schooner "Onward,"' of the tonnage ;3.j'2() tons, was also seized and
taken in tow to Ounalaska. Her crew were left on hoard and not removed to .Sail
Francisco; she had seal-si-ins on board. And 1 niak(,' this solciin dcclaratioti, conscien-
tiously bt^lieving the same to he ti'ue, l)y virtue of the Act passe 1 in the .'57th year of Her
Majestv's reign, intituled " An Act lor the Suiipression of Wiluntarv and Mxtra-jiidicial
Oaths."
(Signed) T. MiLAKDY.
Taken and declared before me this S.'ird Augu^t, I^SG, at Victoria, Uritish Columbia.
(Signed) -M. W. Tvuwiurr Duaki;, ././'.
I, I'klward Shields, of Sooke Histrict, Vancouver Island, a hunter, engaged on board
the liritish schooner " Carolina," of .'U'!)0 registered tonnage, do solemnly and sincerely
declare that I left \'ietoria on board the aforesaid schooner on the 2()th May, 18^(1, hound
on a voyage to Behring's Sea for the purpose of sealing. 'I'lic schooner was fitted out for
this purpose. She bad eleven bands on board, including the master, by name .James
Onilvie. We sailed to iiehring's Sea and commenced sealing on the loth .lune, and at tint
time we were about -lOt) mikslrom land, and we continued cruiziui; about for seals, and up
to the time the L'niteil Slatts' vessel " Coiwin " sci/i'd us «(■ had (JSl! seals. During the
whole time we were cruizing about wc- were in the open sea, out of sight of anv land. 'J"he
seals we ol)tained were chiefly females. At the time the "Corwin" seized us on the
1st August we were out of sight of land and in latitude .'jo* 50' north, longitude 108° o.'l'
west, as 1 was informed and verily believe. There wen; other vessels, both AmciMcan and
English, eiuiziiig about in the same neighbourhood. U'c never killed a seal in the
neighbourhood ol the Aleutian Islands. I was away in the b.)ats when the " Corwin "
seized the ves>el, and when I came back I found the "Carolina " in tow of the " Corwin."
The captain of the "Corwin," Abbey by name, took away all the fire-arms, consisting of
riHes and shot-i:uns, ten in all, and I was taken to Ounalaska, and from there 1
was taken to San I'ranciseo by the steamer " St. Paul," and there turned adiit't. 'i'he
" Carolina" was left at Ounalaska with tlii' seals and outlit, and I niak(! this solemi\
declaration, conscientiously believing the; same to be true, by virtue of the Act passe<l in
the .'jrth year of Her Majesty's reign, intituled " .\n Act for the Su|,pression of X'oluntury
and Extra-judicial Oatlis."
(Signed) EDWARD SIHELDS.
Taken and declared before me at Victoria, this 23r(l day of .Vugust, 18"<(J, in due form
of law.
(Sign d) M. W. TniwuiiT DitAKi;, ./.P.
well
to mi
lnMi| I
iiii'hi
Silk^l
(I rta|
llliU-
aili\il
a Iml
s,.,
9
cii'utiously
•ir of Her
tra-judicial
UNSIE.
(1 .sincerely
and I was
wliol'j time
seized tlie
;ioek in the
seized and
ted to San
1, eonseien-
eiu' of Ilcr
xtia-jiidicial
■LAEDY.
li Columbia.
I, John Dalla«, of Victoria, British Columbia, scamnn, do solemnly and sincerely
deehu'e that 1 \v:is eiiira^ed about the end of.M.iv 18^0 as a seaman on hoard tlie schooner
" 'D iirnton," of 'J2'liO re^isieied tonnai^c, registered in the IJoinmion ol Canada as a
I'ritish vessel. I wa.s cn;.:ai;<:d seahn;; on the west coast of Vancouver Island, and when
the seals ijot scarce the '' Thornton " left [r Clayocjuot] Vancouver Island, for Helirinif's
Sea about lieijinnin;^ of .lune, and three (!uys alter passin;^ LInniark Pass we killed O'T first
seal, beinir then about 2 ")0 miles from land. We were ent^aijed sealmic in the open sea
until the 1st .August. We had a little over 400 skins on board, when the United States'
sleauuT "Coiwin" seized our vessel and took her to Ounalaska. 'riuy were about
tweiitv-eiirlit hours eni;a;;ed in towimr us to Oumdaska. The master of the " Corwin "
i-eiu()ved all our iruiis and ammunition — ten u'uiis in all. There were tburtei n hands on
board the " Thornton" altoirether, ineludinu; two Indians, nine while men, and a Chinese
ook — were sent to i^an I'laneiseo and there discharged. Two white meti and two Indians
were left on board the schooner at Ounalaska. \Vc were .') or G mdesfrom the " Carolina"
at the time we were seized. 1 saw ro other vessels in sight at the time. We were never in
sight of land during the wdiole time we were sealing. And I make this declaration,
eonscienti()U>ly believing the same to be true, by virtue of the Act pas>ed in the 'MiU year
ol Her .Majesty's ri'ign, intituled "'An Act for the Suppression of \ ohmtary and
ENtra-judicial Oaths."
(Signed) .JOHN DALLAS, his x mark.
Taken and declared before me at \'ictoria, this ^■'Jrd day uf August, IbSO, the same
having been first read over to him.
(Signed) M. \V. ■rviiwiiiTr Dhaki:, J. P.
No. 4.
cd on board
nd sincerely
18S(1, bound
fitted out fur
name .lames
', and at tlrit
seals, and up
During the
y land. The
;l us on the
ude iGs° r.:i'
Unencan and
seal in the
le " Corwin "
le " Corwin."
consisting of
lom there I
adiitt. The
I this solemn
\ct passed in
of Voluntary
SIHHLDS.
], in duo form
Sir L. U'rst lo the Earl of [ddcslfiyli. — (liccelrrd Octoher 4.)
My Lord, WnsliiiK/lon, Sfpfnilirr 21, ISf^fi.
'I'llL reported seizure of British vessels by American eruizers in watei's over which it
appears ibe I'nited States' Ciovernmcnt claim jurisdiction as adiacent to the Territory of
Alaska has given lise to much eouMnent in the newsp.ipers touching the interests of
a powerful commereial ( (imnaiiy which nuiy i)e ailected by the international (piestions arising
therefrom ; and in this eonneetion 1 have the honour to inclose lo your Lordshi]) herewith
a jirecis of the history of the origin of this Company, as well as of what has been
written on the subject.
Chapter 3 of the Revised Statutes of the United States (p. 342, sections IQ-Mto
1!I7<) inclusive) contains the " provisions relating to the unorganized Teriitory of Alaska;"
and section l'.)')4 extends " the laws of the United States to and over all the mainland,
islands, and waters ot'the territorv " ceded bv Russia to the L'mted States by the 'Jreaty
of 18(i7.
In adilition the lease of the C<ivernment Seal Islands the Alaska Com|)anv holds as
well leases of certain islands from the Russian (iovernment, so that in fact it may be said
to monopolize the seal lur trade in these waters.
1 have, iSjc.
(Signed) L. S. SACKXILLf: WEST.
Inclosnre in No. 4.
History of llw O'-iqin of the Ahi^hii Cnii
rial Company.
Till'' transfer of the 'I'erritory of .\laska to the I'nited States' (hncrnmeiit, in
compliance with the terms of the Trealv of Purchase between the two (lovermnenls,
inrluded the transfer of all th',' Russian (ioveinment ]iroperty, such as )iublie buddiiiiis at
Sitka, (iovtrnor's Iiiuse. Custom-house, ho-pital, and wharves, \-e. There were, however,
crrtaiu buihliugs ri-erved as the j)ro|)erty of tlie Russiiui Eur Company, and as (ieneral
liou»>t'au, the united Stales' Commissioner, could not, in his ollicial capacilv, take anv
arlive or open pait in ils disposal, l'rin<'e .Matsukotf, llu' Russian Covernor, concluded
a bari;ain with Mr. Hutchiiisun, who accompaiiud (Jeneral Rousseau as his Private
Secrelarv. This bargain iiivluded all the propeity of the Russian Fur Com|)anv and
I'lii". c ■
10
senl-skins stored. It was made on private terms ;ind to t!ic cxclnsiDti of tlie stockholders
of tlie Russian Company and tlie American officers stationed ut Sitka, wiio claimed that
they were entitled to a share of the spoils.
Rv virtue of this bargain with Prince ^fatsukoff, who was Governor of the Company,
Mr. Hutchinson proposed to take possession of the fur trade of Alaska and the Seal
I'. lands, and left for Victoiia (i^ritisli Columi)ia) and San Francisco to make the
necessary arrantjements. At the former place he met wiih a Mr. Kohl, owner of a British
steamer called the " Fidelitor," with whom he entered into partnership, and the firm still
exists under the name of Hutchinson, Cole, and Co. The steamer obtained an American
register under tiie plea tliat she was a Ilus^ian vessel at the time of the transfer of the
territory to the United States, and was thus enabled to carry on the coastini; trade.
Preparations were made in lS(iS for workin;; the fur trade of the newly-ac(|uired possession,
and especially for the occupation of the Pril)ylov Islands, to which, by virtue of the
arrangements with Prince MatsukoH', the new Company considered they had an exclusive
right. Upon their arrival there, howevL.', they found them occupied by experi<nce(l
scalers from New London and Stonini;ton (Connecticut) under one Ca[)tain .Morgim. .\
fight for [)ossession seemed iunninent, but a division of the season's catch was finally
agreed upon. While the two jiartics were tluis amicably at work, M. Ptlu^el, Russian
\'ice-Consul ut Honolulu, arrived at the head of an expedition, believing that he sliould
find the islands unoccupied, but was eventually forced to retire before the combined forces
of Captain Morgan and .Mr. Hutchinson. It now became obvious that the (jovernment
nuist take means to preserve these valuable seal rookeries, ai\d in the winter of ISO*? an
Act of Congress was passed, the conditions for permission to take seals being, however,
reserved for future Consressional action. The coalition between Hutchinson and M((rgan
still continued, and finally led to the organization of the powerful and wealthy .Alaska
Commercial Company. Since 1870 this Company has controlled the entire fur trade of
Alaska, and by vinue of its alliances with the lessees of the Russian Seal Islands, controls
the valuable fur-seal trade of the world. With strong political influence in the Congress
of 1876, it obtained a Icum.; of the Pribylov Islands for twenty years at a rental of
:').5,()0() dollars a-year, and a royalty of 2 dot. 02 c. per skin, the take to he limited to
100,0(10 .-ikins a-year. It is calculated that the Comjiauy ]iays annually :^1 .'>, 000 dollars to
the United States' Treasury, which, after ]iaying all the expenses of the Territory, yields
more than 4 jitr cent. ])er annum on the purchase-money paid to Russia for Alaska.
To preserve this revenue tbrou!:,h future years the prot(ction of the seals from illegal
ca])ture or disturbance on their animal visits to the islands has been deemed an absolute
necessity, and hence the prohibition against approaching or landing on the islands and the
visilance of the United States' cruizers in the Hebring's Sea. h is not, however, generally
understood that the .Alaska Com|)any controls the fur trade of all the mainland and islands
of Alaska lying west of the 141st meridian of west longitude, and that its o|)erations over
this vai t extent of territory and co;ist arc entirely distinct from, and have no conniition
with, its exclusive control of the Seal Islands, which it holds i)y virtue of its lease from tiie
United States' (jovcrnment.
Outside of these islands it holds no exclusive rights or franchise from the Govern-
ment, nor does it pay any rent or royalty to the Oovernnu'nt on the territory it occupies
or the furs it procures from the natives. It has no rights over any other citizen or
company of citizens who nuiy desire to trade in competition with it, and yet it has been
aided by the Revenue Maiinc in sujiprt'ssing competition from rival traders, for it appears
that, imder instructions from the Treasury Department, the Revenue cruizers hoard and
examine every trading-vessel siiilitcd in the Hebring's Sea or on the north-west coa<t of
Alaska, cxce|)t the vessels of the Company. If' a pretext can be fouiul, an ofHecr is placed
on board with instructions to take the vessel to Ounalaska aud discharge her cargo, .^lic
is then sent to San Francisco, where the United States' .Marshal fiuils that there is :,o
cause for condemnation, and, as the object of breaking up her voyage has been gained, «he
is released and restored to her owncis. The vessels subjected to this treutment come from
British Columbia and .Fapan, and are, it is said, fitted out for contraband trade.
IVashiiKjlon, IScptember 1886.
■^ vcs-
prizi
(K.khnldprs
limed tint
Companv,
1 the Seal
make the
t' a British
e firm still
American
ifcr of the
tin;^ trade,
possession,
tue of the
\ exclusive
ixpcriinced
lori;iin. A
was tiiKilly
,cl, Russian
lie s!iould
lined forces
overnment
of ISO'i an
g, however,
ind Morgan
lt!iy Alaska
fur trade of
ids, controls
he Congress
a rental of
?. limited to
00 dollars to
•itory, yields
laska.
i from illegal
1 an alisolute
and^ and the
'er, generally
il and islands
erations over
lo conniition
?ase from the
the Govem-
py it occupies
er citizen or
ct it has liccn
for it appears
LMS hoard and
-west coast of
liccr is placed
• cargo. She
it there is no
;n i;ained, she
Mit come Irom
le.
11
No. 5.
Sir L. litest to (lie Earl of Iddeskujh. — (Riceiied October 4.)
MyJIyird, U'ashimjton, Seplemhcr 21, 1880.
WITH reference to my preceding despatch, I have the honour to inclose to your
Lordship herewith cojjies of correspondence, as publibhcd in tiie newspapers, relative to
the seizure of British sealers in Alaska waters.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Inclosure in No, 5.
Extract from the " New York Herald " of September 21, 1886.
The Buitisu Skaleus — Ofiicehs of some of the tuespassing Schooners fineu
anu imi'uisoneu.
Washington, September 20, 1886.
ACTI.N'G SF-:rill':TAIlY FAIRf'Hirj) has received a tele;;ram from Captain Abbey,
commanding the Revenue tteamer " Curwiii," dated at Xanaimo, British Colund)i;i, which
is as follows : — -
" Res])ectfullv re|)ort 'Corwin' here at rei|uest of Ciovernor Swineford and .fudue
Dawsou. Have brought here t vcnty-two niitisli seaii en, released from seized sealers.
Am to land remaining released .Ameriean seamen at Port Townsend. .Masters and mates
of the seized craft have been convicted and sentenced to fines or imprisonment, or both.
I made full depositions for libel suits before leaving Sitka,"
Despatches iiave been received at the Navy Dep:irtnient from Lieutenant-Commander
Nichols, commanding the "' I'inta," from Sitka, Alaska, relating to the seizure of the
Hriti-I) sealers. In the des])iitih dated the \>X{h Ani^ust he says: —
" (Jn the L'ltli instant the Revenue steamer ' Corwin ' e.ime in, bringing the American
vessel ' San Diego,' of San I^'ranciseo, seized for catching se.ils unlawluliy. She alx)
reported the seizuie of three l'!ngiish schooners for the same olfenee. The latter wcic
Icl'l at Onnahiska in charge of the L'nited States' Deputy .\laisiial, the otlieers, crews, and
car;,'oes being brought here. A larije (pianlity of arn;s and ammunition was also seized. 'J'be
matter comes up before tiic District Court 'r.ere next week, and it is jirobahle tiia'.
interesting international questions will come np, as well also as ihe jurisdiction of tiie
Unittd States over the entire seas in the Arctic and Hehring's Seas east of the boundarv-
line."
In a despatch dated the 2nd S;'ptenibor he says that two of tiic cases have 1 e( n
disposed of as follows : —
"The captain and mate of the I'lritish schooner 'Tliornton
found guiltv, and sentenced each to inipii>nnmeiit lor thirtv liavs
500 dollars and the mate tlOl) dollars. The captain and mate of tlie .\niericau schionir
'San Diigo' waived ii jury, and were tried biloie the Court. Both wire touiKl guilty and
sentenced, the captain to two months' icnprisonuicnt, and the male to one month's
imprisonment.
•' "J he cases of the two other British schooners will come uji in a day or two.
1 he raptain of one ol them l:as disap|ieare(l, and, it is sup|)osed, has eomaiittcd suicide "
From an inclosure in one ol these despatihes it is learned that the " Corwin,"
when conveying her prizes to port, sighted live other vessels, all doubtless cn«a;;c>l
in unl.iwlul sealing. They mnde sad with all possible liiiste as soon as the Revenue
vessij was siglited, and tlie latter was unalile to lollow them without abandoning her
prizes.
were tried by jniv,
ind lined, the eaptani
[12»J
C 2
12
Ko. (5.
n
Admiralty to Fore'ujn Office. — {Received October 11.)
Sir, Admiridl\j, October 7, 18SG.
WITH reference to my letters of tlie 26th Au^'ust and the L'Oth Sc|)te<iil)er,* relative
to the seizure of British Columhian seulirii; schooners, 1 am eoinnianded by my Lords
Commissioners of the Adniiraily to transmit to you, for the perusal of the Secretary of
State for Foreign A tl'airs, eo|)V of an Aet to prevent the extermination of fur-bearing
animals in Alaska, together witli copy of the lease of the United States co the Alask.i
Cominereial Company to take fur-seals in the Territory of Alaska,
A similar letter has been sent to the Colonial Otfiee.
I am, &c.
(Signed) EVAN MACGREGOR.
Inelosure 1 in No. (5.
Public No. 120.
An Art to prevent tlic Exiermiiiation of Fiir-heiiriny An'nixds In Alaska.
BE it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled that it shall be unlawful to kill any fur-seal ujion the
Islands of St. I'aul and St. George, or in the waters adjacent thereto, evei|il duriiig the
months of .June. July, September, and October in each year, and it shall be unlawlul to
kill such seals at any time by the use of fire-arms, or use other means tending to (h-ive the
seals awav from said islands.
Provid(xl that the natives of said islands shall have the |)rivileife of killing such young
seals as may be necessary for their own food ai'.d clothing during other months, anrl
also sueb old seals as may be required for their own elotliiiig and for the maiuif.icture of
boats for their own use, whic'i killing shall be limited and eontiolled by such Regulatior.s
as shall be prescribed by the Secretary of the Treasury.
Section 2. And he it further euiictid, that it shall be unlawful to kill any female
seal, or any seal less than one veari^ld at any season of the yearexei'pt as above provided;
and it shall also be unlawful to kill any seal in the waters adjacent to the said islands,
or on the beaches, cliffs, or rocks where they haul np from the sea to remain ; and any
person who shall violate either of the provisions cjf this or the first section of this Act
shall be punished on conviction thereof (or each offence by a tine of jiot less than
200 doikuN, nor more than 1,<KI0 dollars, or by imprisomnent not exceeding six months,
or by sueb firie and imprisonment both at the discretion of the Court having jurisdiction,
by taking cognizance of the otience ; and all vessels, their tackle, apparel, and furniture,
whose crew shall be found eiuraged in the violation of any of the [H'ovisions of this Act,
shall be forfeited to the I'nited States.
Sec. .'<. And be it further enacted, that for the period of twenty years from and
after the passage of this .\ct the muiiber of fur-seals which may he killcfl for their skins
upon the Island of St. Paul is herebv limited and restricted to 75, "00 per annum ; and
the number of fur-seals which may be killed (or their skins upon the Islan.l of St. (ieorge
is hereby limited and restricted to 2."), 000 per annum. Provided that the Secretary of
the Treasury may restrict and limit the right of killing if it shall bc'come necessary fi.r
the |>re-ervation of such seals, with such proportionate reduction of the rents reserved to
the Government as shall be right and proper, and if any person shall knowingly violate
either ot the provisions ol this section, be shall, upon due conviction thereof, lie punished
in the same way as provided herein for a violation of the provisions of the first and second
sections of this Act,
Sec. 4. And be it further enaeted, that iinmciliately upon the |)assage of thU Aet
the Secretary of the Tri'asury shall lease, (or the rental mentioned in section 6 of this
Aet, to proper and responsible |)arties, to the best advantage of the United States, having
due legard to the interests of the Government, the native inhabitants, the ]tarties
heretofore engaged in trade, and the protection of the seal fisheries, for a term of twenty
* Sec Inelosure 1 in No, 1, and Inclusurc 2 in Nu. 3,
snail
bond
laid I
such
Tual
for tl
proii
visioi
anv
the
by tr
delivi
1 dol
of '
and
a C
deen
piov
prov
18
, 18SG.
* relative
my Lords
iii'tiu y of
liu AliisU.i
EG OH.
(1 States of
I upon tlic
(luriiiir tlic
iiilawliil to
o (liivc the
ucli youn-i
lOMtlis, and
iiit'.icture of
Rt'gulatioi.s
any IctihiIc
(• |)i ovidi'd ;
said islands,
n ; and any
of this Act
t less tiian
-ix months,
)Mfisdictiiin,
d furnitinr,
of tills Act,
s from and
thcii stiins
nnun) ; and
r St. (iciirue
Secretary of
leeessiiry for
reserved to
imily violate
he piill'sheil
; and second
of tliis Act
on 6 of this
[atcs, having
the parties
ni of twentv
yewrs from the 1st day of ^fay, 1870, the rifjht to entrage in the hnsiness of takinic fnr-
seals on the Islands of St, Paul and St. George, and t(j send a ves.sel or vca.iels to said
islands for the skins of such seals, giviny; to the lessee or lessees of said islands a lease,
duly executed, in duplicate, iu)t tiansferahle, and takiui; from the lessee or lessees of said
islands u hond, with sutlicient sureties, in a sum not less than i">Ol),U()() dollars, eomlitioned
ti)r the faithful ohservanee of all the laws and re(|nirements of (Jonnress. and of the
lieiiulations of the Seeielary of the 'I'reasury touching the subject-matter of taking tiir-
seals ai'd disposing of the same, and foi' the payment of all taxes and dues accruing lo th.e
United .'states eomieeted therewith ; and in inakini; said lease the Secretaiy of the
Treasury shall have due rtiiard to the juescrvation of the seal-fur trade of .said i.-^ljnds,
and the comfort, maihtenanee, and education of the natives thereof. The said les-ees
shall furnish to the several masters of vessels employed by them certified copies of the
lease held hy them respectively, which shall be presented tu the Government Revenue
oflicer for the titne bein:; who may be in charge at the said islands as the authority of the
party for landing and takini; skins.
Sec. 5. And he it further enacted, that nt the expiration of said term of twenty years,
(;r on surrender or forfeiture of any lease, other leases may be made in manner aforesaid
for other terms of twenty years; hut no person other tlinn American cili/ens shall be
permitted by lease or otherwise to oecujiy said islands or either of then!, for the purpose
of taking the skins of fur-seals theretVom, nor shall any foreign vessel be eiiLraged in
taking such skins, and the Seeri^ary of the Treasury shall vacate and declare any lea>e
forfeited if the same be held or operated for the use, benefit, or advantaije, directly or
indirectly, of anv person or persons other than ;\merican citizens. Every lease shall
contain a cavenant on the part of the lessee that he will not keep, sell, furnisli, give, or
disposi' of any distilled s|)irits or spirituous licpiors on either of the said islands to any of
till? natives thereof, such person imt h( ini; a phvsician and furnishing iht sauie for use as
medicine: and any person who shall kill any lur-seal on either of the said islands, or in-
the waters adjacent thereto, without authority of the le>sces thereof, and any person who
shall molest, disturb, or interfere with ciid lessees, or either of them, or their aijents or
employes, in the lawful prosecution of tlieii' business, under the provisions of this ,\ct shall
be deemed guilty of a misdemeanour, and shall for each offence, on conviction thereof, be
|)unislied in the same way and by like penalties as prescribed in the 2nd section of this
Act; and all ves.sels, their tackle, »[)parel, appurtenances, and cargo, whose crews shall
be found engaged in any violation of either of the |)rovisions of this section, shall be
f(U'f(itcd to the United Slates; and if any person or Gonipany, under any lease herein
authorized, shall kiiowin;,'lv kill, or permit to be killcil, any number of St'als exceeding the
number lor each island in this Act prescribed, such person ov '^'oinpanv shall, in addition
to the penalties and forfeitures iiforesaid, aUo forfeit the wholj number of the skins of
seaU killed in that year, or, in case the same have been disposed of. then said |)ai'ties or
Company shall f'oil'eit the value of the same; and it shall be the duty of any Revenue
otiieer, officially acting as such on either of said islands, to seize and destroy any distilk'd
spirits or spirituous licpiors found thereon, provided that such ollieer shall make detailed
re|)ort of his doing so to the (.'ollector of the port.
Sec, {'). And be it further enacted, that the annual rental to be reserved bv said lea-e
shall not be less than .'5(l,(»i)() dollars per annum, to hi' secured by deposit of United .'■'tates'
bonds to that amount, and in addition thereto a reveniK- tax as duty of 2 dollars is hereby
laid upeii each fur-seal skin lakrn and shipped from said islands during the continuance of
such lease to be paid into the Treasury of the United States; and the Seeiftary of the
Tiicisiiry is hereby empoweied and au(lioii/ed to make all needful Rules and Kegulations
lor tlie collection and payment of the same, for the comf'oit, maintenance, education, and
proiiction of the natives of said islands, and also for carrying into full efl'ect all the pro-
visions of this Act. Provided, further, that the Seerefury of the Treasury may terminate
any lease I'.iven to any person, Companv, or Corporation on full and satisfiictorv proof of
the violation of any of the provisions of this Act, or the Rules and lieguhitimis e>tablisbi>d
l)y liim. Provided, further, that the Secretary of the Treasury is hereby authorized to
deliver to the owners the fur-seal skins now stored on the islands, on the payment of
1 dollar for each of said skins taken and shi|iped away by said owners.
See. 7. And be it further enacted, that the provisions of the 7tb and Sth sections
of ''An Act to extend the Laws of the I'nited States relating to Customs, Commeric,
and Navigation over the 'I'erritory ceded to the United States bv Russia, to estahlisli
a Collection District tluivon, and for other purposes," approved 27tb July, lf*()8, shall be
deemed to apply to this Act, and all prosecuMons for offences committed against the
provisions of this .Act, and all other proceedings had because of the violatums of the
provisions of this Act, and which arc authorized by said Act above mentioned, shall be in
14
accoidiinco with the provisions tiiercof, niul uli Acts and iiaits of Acts incoiisisfciit with
tlii; urovisioiis of tliis Act are herehy lopL-aleil.
Sue. 8. And be it further enacted, tlial tiic Couijrcss may at any time herealter alter,
amend, or repeal tiiis Act.
Ajjproved 1st .July, 1870,
Inclosure 2 in No. G.
Mr. Boutudl to Mr. Phelps, April 19, 1872,
[See Inclosure fi in No, .'?.]
.J the
''^ Gove
of Si)
Inclosure 3 in No. (>,
Lpiice of the Uiiileit States to the Alaslca Commercinl Compaiip to take Fur Seali in the
''\'rritori/ of Alunka.
THIS indenture, in duplicate, made this .'ird day of Autrust, a.d. 1870, hy and
lictwecM William A. Richardson, Actim; Secretary of ihe Treasury, in pursuance of an Act
ot C'ont;ress, approved the Ist July, 1^70, entitled "An Act to ])rcvent the Kxtcnniiiation
of Kur-hearing Animals in Alaska," and the Alaska Commercial Company, a Corp.orntion
didv cstahlished under the laws of the State of California, actini: by .lohn F. Miikr, its
President and Au'cnt, in accordance with a llesolution of said Corporation duly adopted at
a mcetiiiLC of its lioard of Trustees, held the 31st January, 1870,
NVitncsseth :—
That the said Secret y hereby leases to the said Alaska Commercial Company, without
power ol'transfer, for the term of twenty years from the 1st day of May, 187'>, the riylit
to enpiije in the business ol takinj^ tur-seals on the islands of St. Georti;e and .St. I'aul,
within the Territory of Alaska, and to send a vessel or vessels to said islands for the sknis
ot such seals.
Aiul the said Alaska Commercial Company, in consideration of their right under
this k'a>e, hereby covenant and agree to pay lor each year during said term, and in
(iioporliun duriiia; any part thereof, tlie sum of .'J5,t)UU (hollars into the Treasury
of the I'nitfd States, in accordance with the Regulations of the Secretary, to be made
for this purpose under said Act, which payment shall be secured by de])osit of United
Slates' bonds to that amount, and also covenant and agree to ])ay annually into the
'I'riasury of the United States, under said Rules and Regulations, a revenue tax or duty
of 'J dollars upon eacii fur-seal skin taken and shipped by them, in accordance with the
provisions of the Act aforesaid, and also the sum ol (>:i^ cents for each fur-seal skin taken
and shipped, and .")5 cents per gallon for each gallon of oil obtained irom said seals lor
sale on said isiands or elsew here, and sold by said Company ; and also covenant and
ayree, in accordance with said Rules and Keuulations, to furnish free of char!;e the
inbabilants of the Islands of .St. I'aui and St. (ieoige annually during said term -.").l>UO
dried salmon, (JO cords tire-wood, a sutfu lent (piaiitity of salt and a suliicieiit number of
barrels for preserving the necessary suppiv ot meat.
And the said lessees also bereliy covenant and agree during the term aforesaid to
maintain a school on each l^lan(l, in ace rilance with said Rules and Regulations, ami
suitable for the education of the natnes ol said islands, for a period ol' nut less than eiyht
months in each year.
.And the said lessees further covenant and agree not to kill upon said Island of
St. Paul more than 7r),(i()0 fui-seals, and upon the Island ot' St. George not more than
•_'."!, DOll fur-seals, per annum ; not to kill any fur-seal upon the islands aloresaid in any
other moiith except the months of Jiini', July, S(|)teinb(r, and October of each year; not
to kill .-ueh seals at any time by the use ot tiic-arnis or other means tending to ilrive the
heals Irom said islands ; not to kill any female seal or an) seal less than one year old ;
not to kill any seal in the waters adjaci nl to said islaials, or on the beaches, clitl's, or rocks
where they haul u|) from the sea to remain.
And the said lessees further covenant and agree to abide by any restriction or
limitation vipon the rights to kill seals under' this lease that the Act prescribes, or that the
Stcrctaiy ol the Treasury shall judge necessary for the preservation of such seals.
■m prote
% the /
■ ^
m
3
the I
19
istcMit with
:a(ti.|- allcT,
ala ill the
70, liy iind
•e of all Act
tlM'lllilKltioil
Cori-.Diiition
'. MiiliT, its
r adoptt'd at
iiny, without
70, till' iii;lit
tiid St. i'aul,
or tlie siviiis
riglit iiiuler
erni. ami in
iie 'J'ii'a>iurv
to 1)1' made
it ol" United
illy into tlie
3 tax or duty
nice wiiii tlie
al ftlvin talveu
said SL'als foi'
Hiveiiant and
{' cliar^e tlie
tenn i-'.VOUO
nt nunil)Li' ot
) i>foresaid to
;ulatioiis, and
;!is tlian uij^lit
aid Island of
ot iiioii' than
resaid in any
ich yiar; not
ji to drive the
one year old ;
jlitl's, or vocks
rcstrietioii or
.'s, or that the
seals.
And the said lessees hercliy a'j;ree that tlicy will not in any way sell, transfer, or
assign this lea«e, and that any transfer, .sale, or assignment of the same shall he void or
of no eifeet.
And the said lessees further covenant and agree to furnish to flic several masters of
the vessels employed hy thern certified eo|)ies of this lease to he presente<l to the
(Jovtrnnient Revenue odicers for the time heini; in chai^'c of said islands, as the authority
of said lessees for the landing and takins,' said skins.
Anrl the said lessees further covenant and a^ree that they or their azents shall
not keen, sell, furnish, i,'ive, or dis[iose of any distilled spirits or siiirituous licpiors on
either of the said islands to any of the natives thereof, such person not being a physician
furni>liing the same (or use as medicine.
.And the said lessees further covenant and as^reo that this lease is accepted suhject to
all lu'cdful Rules and Re<;idations which shall at anytime or times hereafter he made
hy the Secretary of the Treasury for the collection and payment of the rentals herein
aurei cl to he paid hy said lessees, for the comfort, maintenance, education, and
protection of the natives of said islands, and for earryini; into effect all the provisions of
the Act aforesaid, and will abide hy and conform to said Rules and Rci^ulations.
And the said lessees, accepting this lease with a full knowledge of the provisions
of the aforesaid Act of Congress, further covenant and agree that they will fulrtl alt
the provisions, requirements, and limitations of said Act, whether herein s]iecifitally
set out or not.
In witness whereof, the parties aforesaid have hereunto set their hands and seals the
day and year above written.
WIT.UAM A. RICHARDSON, Avtimj
Secrctnri/ to the Trenxiiri/.
JNO. F. "MILLER, President Alaska
Commrrcial Coinpani/.
Executed in presence of —
(Signed) J. H. Savii.i.e.
I certify the foregoing printed copy of the lease of the I'nited States to the Alaska
ComnierciBl Company of the rii;ht to take fur-seals in the Territory of Alaska has been
com|iared with the original on file in this Dciiartnient, and is a true copy thereof.
(Signed) ,1. IL SAVTLLE.
Chief Clerk, Treasury Dcpurtiiienl.
fVashington, September 3, 1870.
Stale of California, City and County of San Francisco.
Collector's OJfice, Cuslnm-lioiise, December 23, lS8j.
I hereby certify the foregoing to be correct copies of original documents on file at this
office.
State of Cnlifornin, CiVy and County of San Francisco.
John T. Fogarty, being duly sworn, dejioses and says that the toregoing are true and,
correct copies of original documents on rile in the oltice of the Collector of Customs of thi'
port of San I'riincisco, that he has eom|iared the foregoing with said originals, and krioMS
them to be correct copies to his own knowledge.
(Signed) JOHN T. FOGAKTY.
Subscribed and sworn to before nic this 2^v(\ day of December, 1885.
(Signed) John E. H.\.\iill, Notary Pulilic.
No. 7.
Colonial Office to Foreign Office. — {Received October 16.)
Sir, Downing Street, October IC, 1886.
VyiTH reference to the letter from this Department of the '25th ultimo, respecting
the seizure of certain Canadian sealing schooners in Bchring's Sea, I am directed by
I
...»
m
Mr. Socii'tiirv Stauliopc to transmit to you, to he laid hel'oie the Ear! of I(hicslciuh,
oopii's ol' three despatches I'loiii the ( JiHeer adiiiiiiisterini; the (joverjiinent of Caiiaihi on i he
suhjeet.
Mr. Staiiho|u' woidd lie Lrlad to he iiiloriiicd whether Lord Iddcsleigh has diiicled
any action to he taken on the letter ahove lelerred to.
I am, &c.
(Signed) U. II. MKADK.
Iiiclosure I in No. 7.
Aflmiii!<trnlnr Lord .1. E. liiixs/'H In Mr. Siniiliopp.
Sir, Iliilifii.r, \!,ni Srolh, Sriili-mlipr 27, IPi'fi.
I Il.W'i'j the honour to forward hn'i. with, for transmission to the Foreiitii Oliiei, a
copy of un a|);'roved Report of a Committee of the Privy Council, suhmittiii^,' depositions
from some of the ollieers and men of the Canadian schooners " (Jnward," " 'riioriiton,"
and " C^arolina," relative to the seizure of those vessels in Uehriii'^'s iSca by the United
Stales' Reveiine cutter "Corwin," and their siihsecjueiit detention at the port of Oiinalaska,
in the 'rerritory of Alaska.
2. Von will ohsei've Irom the accompanying |)apers that it appears that the schooners
nientionctl are Canadian vessels, tilted out in X'ictoria, Biitisli Cohmdiia, (or the capture of
s(als in the waters of the Northern I'aeitie Ocean adjacent to \'ancouver Island, Queen
Charlotte Islands, aiul Alaska, and that at the time ot their sti/.ure hy the "Ciir«in " on
the 1st August last they w-e taking seals in tlie open sva at a distance of more
than tiO miles from land.
;3. .My .Minister of Marino and Fisheries lias taken stejis to get further depositions
from the owners, masters, and crews of the above-mentioned vessels in order that a claim
may he made upon the United States' Government for damages lor the iinwairanted
sei/utc of Hritish vessels on the high sea.
A. J have communicated a copy of this Order in CouMcil, with tlie aecouiiianying
pa|)ers, to Her .Majesty's Minister at \\'ashini,'ton.
1 have, &c.
Inclosure 2 in No. 7.
Ri'jifirt fit' II CoiiniiiUrr fif till' f Iniwiinililr Ihr Pririj Ciiiinril for Cnniiilii. npprnii'il In/ lilx
E.irrlli'iin/ the Aihnvustriilor of thv (liircriiiin'iil In L'oiiiiril, on thr \iid •Si'iilnnhi-r,
18SG.
OX a Report dated the 18th September, 1^80, from the Minister of Marine and
Fisheries, sidimittini; the ai-companyin^' iiajiers I'elalive to the seizure of the Canadian
schooncis " Onward," " 'i'hortiton," and " ('irolina," in l?ehrinL;'s Sea, hy the linited
States' Revenue cut'er •' Corwin," and their suhse(pient deti-ntion at the |)ort olOunalaska,
in the 'I'erritnry ot .Alaska —
I. Copy of a letter from .lames Oj;ilvie, master of the Canadian sealing schooner
" Carolina;''
2 Ciipy ol" a letter from Daniel Muiu'oe, master of the Canadian sealing schooner
" Onward ;"
'A. Deposition of .lohn Dallas, seaman on board the •'Thornton;" of 'riiomas
McLardy, cook <)n hoard the " t.'aroliiia ;" of lOdward Shields, seaman on board the
"Carolina;" and of William Munsie, owner of the " Carolina ;" all of the Province of
liritisb Columbia :
The .Minister observes that (i'orn these papers it appears that the schooners mentioned
are Canadian vessels fitted out In \'ietoria, liritisb Cuhindiia, lor the capture of seals in
the waters of the Northern Pacific Oyeaii, adjacciil to \ aneouver Island, (jueen
Charlotte's Islands, and Alaska; that at the time ol their Mizurc hy the "Corwin "they
were taking seals in the open sea out of sight ol land, the " Carolina" in latitude 'Mi^ M'
north, longitude IGS Tj.'V west ; the "Onward" in latitude ;")4 ^)'I north, longitude
l()7' 55' west ; and the "Thornton " in about the same latitude and longitude; and all of
them at a distance of more than GO miles froln the nearest land ; that they were taken
pusscssioii of by the United States' cutter on the 1st August, ItSbti, uud towed to the port
capt
that
boat
the
on b
■i, sens.
"k
M
llld.'slfi^ll,
[u\;i oil llu'
IS (lirKlfil
IKAUi:.
'-, ISSfi.
II Ollici . a
(K'jiositioiis
lioniliiii,"
tliu Fnitcd
Oiiiiala.-kii,
w
of Oiinalaska, wliere tlicy arc still detained. The crews of the " Thornton " and
'' Carolina," with the exception of the captain and one man on each vessel detained
at Ounalaska, were sent by tlie steamer " St. Paul " to San Francisco, California, and then
turned adrift, while the crew of the " Onward " was kept at Oimalaska.
At the time of their seizure tlie " Tiiornton " hud 404 seal-skins on hoard, the
"Onward 900, and the " Carolina " 08(i, and these are detained and kept at Ounalaska
alonp: with the schooners by the United States' authorities.
The Minister states that he has taken stejis to get further depositions from the
owners, masters, and crews of thi- vessels above mentioned, in order that a claim may be
made upon the United States' Government for damages for this unwarranted seizure of
British vessels in the open sea.
The Committee recommend that your Excellency be moved to transmit a copy of
this Minute, if approved, together with copies of tlie papers herein mentioned, to the Right
Honouralile the IVincijial Secretary of State for the Colonics, for transmission to the
Foreign Olficc, and also copies to Her Majesty's Minister at Washington,
All of which is respectfully submitted for your Excellency's approval.
(Signed) ■ JOHN J. McOEE,
Clerk, Privy Council, Canada.
e seliooiu'rs
; captiin' of
and, Qiiccu
,'or«iii " "11
lee of nioiv
depositions
tliat a claiiii
uiiwarl'anud
icouiiiiiiiyinL?
prnreil In/ Ills
it Srptrmbrr,
Marine and
lie Canadian
,' the United
)( Ounalaska,
ing schooner
ling seliooner
of 'riioinas
m board the
; I'rovinee of
ers mentioned
re of seals in
slaiid, (Jueeii
t'orwin ' tliev
itiide Mr M
itli, longitude
(ie ; and all of
ey were taken
ed to the port
Inelosure 3 in No. 7.
Mr. Ogilvie to Mr. Munsie, August 6, 188G. ' '
[See Inelosure 5 in No. 3.]
Inelosure 4 in 'No. 7.
Mr. D, Munroe to Mr. C. Spring,
Schooner " Onward," at Port Ilioluk, Ounalaska,
Dear Sir, Augu.st 7, 1886.
ON the '2nd, while the " Onward" was in latitude .54' 52' north, longitude IG" 55'
west, and about 70 miles from the nearest land, the United Slates' Revenue cutter
"Corwin," having the schooners "Tiiornton" and "Carolina" in tow, hoarded us, and sent
a crew on board and towed us in here, where we are lying at ])rescnt with sails bent and
seals on board, and a watchman in charge, but cannot find out what they intend to do with
us, so I cannot say any more about it at present.
I met the " Favourite" on the 28th. Captain M'lxan was on board of us; we gave
him 508 skins, and they had l,'Ji)() they took themselves, making them about 1,800
total, and as we were in sight of each other until tiie night of the 1st instant he must have
made a good catch, for we have 400 skins on board at present that we took in four days,
and I am positive his crowd could take twice that number, as we have not got the best of
scalers.
I believe .ill the schooners did well, and I trust they will get away all right. There
is no cutter out at present, as there is only two of them up here — one of them uj) in the
Arctic, and the other that brought us here is still watching us here.
We may find out to-day how they are going to dis|)ose of us, but 1 am in hopes they
made false steps, and that they can do nothing more than spoil the s-eason.
They took the schooner " San Diego " in licie about a month ago, and took the skins
out of her and unbent her sails, and put everything ashore, and they are sending the crew
to San Francisco to-day in one of the Fur Company's steamers, the "St. Paul."
Later on: Have heard nothing more, only the crews of the "Thornton" and
"Carolina" are going to San Francisco to-day [? by] the steamer "St. Paul,'' exce])t the
captain and one man of eaeh, but they took none of our crew.
There are rumours afloat that the three schooners arc to be laid up here all winter, and
that wc are going to be taken to Sitka, but no certainty. I wrote you this morning as the
boat was leaving the wharf, thinking that she was going away, but she came to anchor in
the Roads, and I do not think I finished it. I was afraid of heinur late. We sent a protest
on board the cutter against the action of the authorities in seizing the vtc^el on the high
seas, but I do not know if it will amount to mucii. There is no Notary Public here
[128] D
18
tosif^D it. I have nothing more to write to you, trusting things will turn out better than
we expect. , . ,
I remain, &c.
(Signed) DANL. MUNROE.
■:'l , , .
Inelosure 5 in No. 7.
' •Declaralions of John Dallas, William Munsie, Thomas McLardy, and Edward Shiddg.
>
•' [See Inclosure 10 in So. 3.]
Inclosure 6 in No. 7.
Administrator Lo'd A. E. Russell to Mr. Stanhope, September 27, 18SC.
[Substance of telegram of September 22. See Inclosure 1 in No. 3.]
Inclosure 7 in No. 7.
Administrator Lord A. E. Russell to Mr. Stanhope.
My Lord, Ilalifaj, Nova Srotia, September 27, 18S0.
I HAVE the honour to inclose herewith u copy of an approved Minute of my I'rivy
Council, to which is appended a lleport by my Minister of Marine and KLslierici, upon
which my telegram of the 22nd instant was founded, relative to the seizures of the
Canadian schooners "Thornton," "Onward," and "Carolina" while engaged in the
peaceable i)ursuit of their lawful occupation on the high seas.
2. It will he seen from this Report that the masters and mates of the above-mentioned
vessels have been tried before the United States' District Court at Sitka, in Alaska, and
sentences of imprisonment, in addition to heavy tines, imposed upon them, wiiile their
property has been subjecied to forfeiture.
3. My Ministers are of o|)inion that the action of the United States' authorities with
respect to these vessels is indelensible, and that immediate reparation should be demanded
from the Government of that country therelbr.
I have, &e.
Inclosure 8 in No. 7.
Report of a Committee of the Honourable the Privi/ Counell, approird btj his E.irellenry the
Administrator of the Government in Council, on the 'IMh September, lh80.
THE Committee of the Privy Council have had before them the annexed Re|)ort from
the Minister of Marine and Fisheries with reference to the ease of tlie Canadian schooners
"Thornton," "Onward," and "Carolina," seized on the 1 si August last by the United
States' authorities in Behring's Sea.
The Committee concur in the said Report, and they advise that the same be carried
out.
All which is respectfullv submitted for your Excellency's approval.
(Signed) JOHN .1. McGEE,
] " Clerk, Privy Council.
•^'i Inclosure 9 in No. 7. •■ ■
' ■ . . ' • • • • Report. • - < '
IN reference to a Report of Council, under date tiie 23rd Se|)teml)er, referring to the
case of the Canadian schooners "Thornton," "Onward," and " Carolina," seized on the
1st August by the United Slates' authorities in Ueluing's Sea, the Undersigned has
the honour to lay before Council the following additional information. ; ■ i
Btter than
s'ROE.
'A
It is stated in ofTect in " Tlic Alaskan," a newspaper published at Sitka, in the
Territory of Alaska, and beurin!; date the "Itli Septeinhor, 1886 —
1. That tiie master and mate of the schooner "Thornton" were brought for trial
before Jud^e Dawson in the United States' District Court at Sitka on the ,')Oth
August lust,
2. That tiic evidence given by the otiiecrs of the United States' Revenue cutter
"Corwin" attempts to shov,- that the "Thornton" was seized while in Behring's .Sea,
about tiO or 70 miles south-south-cast of St. (Jeor^je's Island, for the offence of hunting
and killing se;ds within that part of Belniuij's Sea which was ceded to the United States by
Russia in \i*>>7.
3. Tliut the .huho, in his rhari;e to the jury, after (luoting the 1st Article of the
Treaty of the .'Kjlh March, 1^(17, between Russia and the United Slates, in which the
western boundary of Alaska is dcHiied, ^oes on to say: "All the waters within the
boundary set forth in this Treaty to the western end of the Aleutian Arclii|)elago and chain
of islands arc to be considered as comprised within the waters of Alaska, and all the
penalties prcscril)ed by law against tlie killing of fur-bearing animals must, therefore,
attach against any violation of jaw witiiin tlie limits heretofore described.
" If, therefore, the jury believe from tlie evidence that the deteiidants by themselves,
or in conjunction with others, did, on or about the time charged in the information, kill
any olter, mink, marten, sable, or fin-.seal, or other fur-bearing animal or animals, on the
shores of Alaska, or in the Hebring's Sea east of the l!)3rd degree of west longitude,
the jury siiould find the defendants guilty, and assess their ])unishment separately at a
fine of not less than 200 dollars nor more than 1,000 dollars, or imprisonment not more
than six months, or by both such fine, within the limits herein set forth, and
imprisonment."
4. That the jury brought in a verdict of guilty against the prisoners, in accordance
with which the master of the "Thornton," Hans (iuttounsen, was sentenced to imprison-
ment for thirty days and to pay a fine of 500 dollars, and the mate of the "Thornton,"
Norman, was sentenced to imprisonment for thirty days and to pay a tine of 300 dollars,
which terms of im|)risomnent are presumably now being carried into effect.
It also appears, by telegraphic despatch from Nanaimo, British Columbia, dated the
1 8th September, that the masters and mates of the "Onward" and " Carolina " have
since been tried and sentenced to undergo similar penalties to those being inHicted on the
master and mate of the '■ Thornton."
It will appear frosn the above information, conjoined with the Report of Council
under date the 23rd September, that the United States have determined to lay claim to
the sole sovereignty of that part of Behring's Sea lying east of the westerly boundary of
Alaska, as defined in the 1st Article of the Treaty made between the United States and
Russia in 18(57, by which Alaska was ceded to the United States, and which includes a
stretch of sea extending in its widest part some (iOO or 700 miles easterly from the main-
land of Alaska.
In pursuance of this claim, they have interfered with the peaceable and lawful
occupatiiin of Canadian citizens on the high seas, have taken possession of their ships,
have subjected their property to forfeiture, and visited upon their persons the indignity of
imprisomnent. They ap|)ear to have done this in spite of the admitted principles of
international law, and in direct op|)osition to their own contention of what constitutes
common water. <ipon the Atlantic coast.
In view of the unwarranted and arbitrary action of the United States' authorities, the
Undersigned recommends that a copyof tliis Report be sent to ller Majesty's Government
to the end that immediate reparation be demanded from the Goverimient of the United
States, and that in the meantiiiic the facts contained therein he telegraphed to the Secretary
oi State for the Colonies and to the liritish Minister at Washington.
The whole respectfully submitted.
(Signed) GEORGK E. FOSTER,
Minister of Marine and Fisheries.
Deportment of Fisheries, Canada,
Ottawa, September 'J \, 188G.
ri28]
D 2
20
• - No. 8.
Tht Earl of Iddtsleigh to Sir L, iVent. — {Substance telegrapheil .)
Sir, Forriyn Office, Oclnl,or2^, 1880.
YOU hnve received from the Cnnndian Gnvemmt'nt a protest against tliis claim
advanced by the Uiiiti'd States' nutlioritics in seiz.in;; tiiree Caimdiaii scliooncrs which
were engaj^ed in the ca[)tun! of seals in what arc alleged to he Alaskan waters.
I rc(|uc8t that you will lose no time in |)roti'sting og:iin8t these proceeding's in the
name of llcr Majesty's (Government; ami you will at the same time reserve for con-
sideration hereafter all rip;lits to compcnsiition which may he brought forward.
Full instructions in regard to this matter wdl be sent to you by mail.
I am, Sfc.
(Signed) IDDESLEIGH.
No. 9.
The Earl of Iddedeigh to Sir L. Went.
Sir, Foreign Office, October 21, 188G.
I HAVE to request you to inform me whether the United States' Ciovernment
have replied to the communication which vou were directed to make in my despatch
of the 'Jtli \dtimo, regarding the seizure of British vessels in Behring's Sea by a United
States' Hevenue cutter.
If an answer has been received I siiould be glad to receive a report of the substance
by telegraph.
I should be glad at the same time to know whether any appeal has been lodged against
the decisions of the United States' Courts condemning certain Hritisli subjects in
connection with this matter.
I am, &c.
(Signed) IDDESLEIGH.
M
m
No. 10.
t^'n L. West to the Earl of Iddeslvigh. — {Received by telegraph, October 22.)
My Lord
WTH reference to you
to inlorni your Lordship that
which, in obedience to the
9th ultimo, 1 addressed to
particulars which the Unitc(
of British vessels in Beiirin
appeal having been maJe aga
the parties concerned. The
day.
Washington, October 21. 188G.
r Lordship's telegram of this day's date, I have the honour
no a'lswcr has as yet been returned to the communication
instructions contained in your Lordshijj's despatch of the
the Sc'Tctiu'v of State, asking to be furnished with any
1 States' (Joverninenl, may possess relative to the sciziu'cs
;'s Sea, and that I have at present no knowledge of any
inst the decisions of the United States' Courts condemning
above information was telegraphed to your Lordship this
I have, &c.
(Signed) L. S. SACKVILLE WEST.
with
inenll
Norrl
wiiicl
No. 11.
The Earl of Iddesleigh to Sii L. West.
Sir, Foreign Office, October 30, 188G.
HER Majesty's Government are still awaiting a Report on the result of the
application which you were directed by my despatch of the 9th ultimo to make to
the Government of the United States for information in regard to the reported seizure
by the United States' Revenue cutter " Cc.rwin " of three Canadian schooners while
engaged in the pursuit of seals in Behring's Sea.
In the meanwhile, further details in regard to these seizures have been sent to
'■Cal
heinj
appJ
westi
the
all (
»t
., 1880.
tli(! claim
ncrs which
linj;s in the
.'0 for con-
;leigh.
21, 1880,
(Government
Tiy despatch
by !i United
:ie substance
)dged n<rainst
subjects in
ESLEIGH.
r22.)
r21, 1880.
e tlie iioMour
iiniiiuiiicution
^piitch of the
ed witii any
the seizures
ledge of any
s coiideinning
Lordship this
.E WEST.
r 30, 1880.
result of the
to make to
ported seizure
iiooncrs while
been sent to
this country, and IFer Majesty's (Jovcrninent now consider it incumbent on tl.cm to
hriuR to the notice of the United States' (Jovernmcnt the facts of the case as they iiavc
reached them from Hritish sources.
It ai>i)earsthal tlie tliree sciiooners, named .-espcctively the "Carohno," the "Onward,"
and the "Thornton," were fitted out in Victoria, Mritish Columbia, for the capture of seals
in the waters of the Northern PaeiHc Ocean, anjacenl to Vancouver's Ulund, Queen
Charlotte Islands, und Alaska.
Accor<iiiii? to the depositions inclosed herewith from some of the oflieers and men,*
tl)cse vessels were en^»Ked in flic capture of seals in the open sea out of siijht of land,
when they were taken jios^icssioti of on or id)out the 1st Aujiust last by the United .States'
llevcnue cutter " Corwin," the "<*arolina," in latitude t>U" .')2' north, longitude l(iS° 53'
west, the " Onward " in latitude ."JO" r>'2.' north, longitude 107" .15' west, and the "Thornton "
in about th.e same latitude and longitude.
They were all at a distance ot more than fio miles from the nearest land at the time of
their seizure, and on hciii)^ captured were towed bv the " Corwin " to Ounalaska, where
they are still detained. The crews of the '• Carolina " and " Thornton," with the exception
of the captain and one nu»n on each vessel detained at that port, were, it appears, sent by
the steamer " St. Paul" to San Francisco. California, and then turned adrift, while the crew
of the " Onward " were kept at Ounalaska.
At the time of their seizure the "Carolina" had GSG seal-skins on board, the
" Thornton " 404, and the "Onward " 900, and these were detained, and woidd appear
to be still kept at Ounalaska aloni: with the schooners by the United States' autliorities.
According to information j;iven in the "Alaskan," a newspaper published at Sitka, in
the Territory of Alaska, and dated the 4ch September, |s'<fi, it is reported : —
1. That the master and mate of the schooner " Thornton " were brought for trial
before Jud:;e Dawson in the United States' District Court at .Sitka on the 3()th August
last,
2. That the evidence given by th'' officers of the United States' Revenue cutter
"Corwin" went to show that the " Thoi Ion " was seized whde in Behring's Sea, about
60 or 70 miles south-south-easlof St. Cieorge Island, (or the offence of hunting and killing
seals within that part of Behring's Sea \vhicii(it was alleged by the "Alaskan" nevvspaper)
was ceded to the United States by Russia in 18G7.
3. That the Judge in his charge to the jury, after quoting the 1st Article of the
Treaty of the ."JOth March, 1^(7, between Russia and the United States, in which the
western boundary of Alaska is defined, went cm to say : " All the waters within the
boundary set fortii in this Treaty to the western end of tiie Aleutian Archipelago and
chain of islands arc to be considered as comprised within the waters ot Alaska, and all the
penalties |)rescribed by l.uv against the killing of fur-bearing animals must therefore attach
against any violation of law within the limits heretofore described. If. theitfore, the jury
believe from the evidence tliat the d.fendaiits, by tlunisclves or in copjunetion with others,
did, on or about the time charged in tiie information, kill any otter, mink, marten, sal)le,
or fur-seal, or other fur-bearing animal or animals, on the shores of Alaska or in the
Behring's Sea east of 1!)')° of west longitude, the jury should tind the defendants guilty,
and assess their ])unisiiment separate^', at a tine of not k'ss than liOO dollars nor more
than 1,000 dollars, or iMi|)risonn)i'nl not more than six months, or by both such line,
within the limits herein set forth, and iiiiprisonmeiit."
4. That the jury brought in a verdict oi' guilty against the [)risoners, in accordance
with which the master of the "Thornton," I hi. is Guttounsen, was sentenced to imprison-
ment lor thirty days and to pay a line of .')00 dollars, and the mate of the "Thornton,"
Norman, was sentenced to imprisonment for thirty days and to pay a fine of 300 dollars,
which tcrnis of imprisonment are presumably now being carried inio ctlect.
There is also reason to believe that the masters and males of the " Onward " and
"Carolina" have since been tried, and sentenced to undergo penalties similar to those now
being iidlicted on the master and mate of the "Thornton.''
You will observe, from the facts given above, that the authorities of the United States
appear to lay claim to the sole sovereignty of that part of Behring's Sea lying east of the
westerly boundary of Alaska, as defined in the 1st Article of the Treaty concluded between
the United States and Russia in 1867, bv which Alaska was ceded to the United States, and
• ). Copy of a letter from D.iniel Nfuiiroe, niasler of llio Canadian sealing sehooner " Onward. "
2. C()|)y of a letter from Jnines Of^iivie, master ot" the Canadian seainijr sciiooiier *' Carolina,**
3. Ueposition of Joliii Dallas, seaman on board the " I liornlon ; " of I'liomas .McLardy, cook on board the
" Carolina ; " of I'.dward .ShieliN, seaman ou board lliu '' ('arolina ; " ,ind of \Vm. Munsie, owner of the " Carolina ; "
all of the I'rovincc of Ili'.lish Columbia,
.15
22
■which includes a stretch of sea extending in its widest part 8ome GOO or 700 miles easterly
from the mainland of Alaska.
In support of this chum, those authorities are alleged to have in^'.'rfcred with the
peaceable and lawful occupation of Canadian citizens on the high seas, to have taken
possession of their ships, to have subjected their property to forfeiture, and to have visited
upon their persons the indignity of imprisonment.
Such proceedings, if correctly reported, would appear to have been ic violation of the
admitted principles of internationnl law.
I request tliat you will, on the receipt of this despatch, seek an interview with
Mr. Bayard and make him accjuaintcd with the nature of the information with which
Her Majesty's Government have been furnished respecting this matter, and state to
him that they do not doubt that, if on inepjiry it should prove to be correct, the
Government of the United States will, with tiuir well-known sense of justice, at once
admit the illegality of the proceedings resorted to against tiie British vessels and the
Hritish subjects above mentioned, and will cause reasonable reparation to be made for
the wrongs to which they have been subjected, and for the losses which they have
sustained.
Sliould Mr. Bayard desire it, you are authorized to leave with him a copy of this
despatch.
I am, &c.
(Signed) IDDESLEIGH.
".i V
'.^i
iM
S
United
the ho
Majest
HerM'
sation.
iS'o. 12.
Sir L. West to the Earl of Iddesle'njh. — {Received November I.)
My I-ord, yVanhington, Ocloher 2\, 18S6.
UPON the receipt of your Lordship's despatch of the lith ultimo I immediately
addressed a note to the Secretary of State, in accordance with the instructions therein
contained, and copy of which is herewith inclo.sed, requesting to be furnished with any
particulars which the United Stales' Government may possess relative to the seizure of
certain British Columbian seal schooners by the United States' Revenue cruizer "Corwin,"
but to which I have received no reply.
Upon the receipt of your Lordship's telegram of yesterday's date I addressed the
note copv of which is likewise inclosed, protesting, in the name of Her Majesty's
Government, against the said seizures, and reserving rights to compensation.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Inclosure 1 in No. 12.
air L. West to Mr. Bayard, ... .
Sir, Wanhington, Scptemhcr 27, 188G.
I HAVE the honour to inform you that Her Majesty's Government have received
a telegram from the Cotntnander-in-cbief of Her Majesty's naval *' on the Pacific
Station respeetinK the ailef?ed seizure of three British Columbian sl-.-. T!:ooneiv by the
United States' Revenue cruizer "Corwin;" and I am, in conseciuence, lustiujted to
request to be furnished with any particulars which the United States' Government may
possess relative to this occurrence.
1 have, &e.
(Signed) L. S, SACKVH.LE WEST.
Inclosure 2 in No. 12.
Sir L. West to Mr. Bayard.
Sir, Waskinyton, Orlohrr 21, 1S80.
WITH reference to my note of the 27th ultimo, retpiestinK to be furnished with
any particulars which the United States' Government may possess relative to the
seizure in the North Piicifie waters of three British Columbian seal schooners by the
28
iles easterly
ed with the
have taken
have visited
atioii of tiic
iTview with
with which
nd state to
orrect, the
ce, at once
L'ls and the
je made for
tiiey have
jopy of this
United States' Revenue eruizer " Corwin," and to which I am without reply, I have
the honour to inform you that I am now instructed by the Earl of Iddeslcit;h, Her
Majesty's Principal Secretary of State for Foreign Affairs, to protest, in the name of
Her Majesty's Ciovernment, against such seizure, and to reserve all rights to compen-
sation.
I have, &c.
• • I (Signed) L. S. SACKVILLE WEST.
No. 13.
Admiralty to Foreign Office. — Received November 5 )
(Extract.) Admiralty, Xoremtier 4, 189C.
REFERRING to my letter of the 20th September last and to previous correspondence,
I am commanded by my Lords Commissioners of the Admiralty to transmit herewith, for
the perusal of the Secretary of State for Foreign Affairs, cuttings from a ncwsiiaper called
the " Daily British Colonist," at Victoria, respecting the seizure of British Columbian
sealing schooners in Behring's Sea.
SLEIGH.
2!, 1886.
immediately
tions therein
led with any
le seizure of
r "Corwin,"
ddressed the
;r Majesty's
E WEST.
27, 1886.
lave received
the Pacific
onerv by the
ustiujted to
•nment inav
E WEST.
21, 1S8G.
rnislied with
itivc to the
oners by the
Inclosure in No. 13.
Extract from the " Daily British Colonist," Vicloriu, of October 7, 1880.
(From the " Brooklyn Eagle.")
Thr Alaska Skizuiies. — The recent seizure of vessels in Behring's Sea by the
United States' Revenue steamer " Corwin," for the alleged illegal capture of seals in
the waters of the United States, has attracted a surprisingly small amount of attention,
in this quarter at least. This is jjrohably due to the fact that the Cabinet has not had
a meeting for some time, and that but one Cabinet Minister remained in Washington,
so that tliere was a lack of information on the subject, which was unfavourable to its
discussion. Now, however, we have sometliiiig like an official Report of what has
taken place from the Captain of the "Corwin," and the matter is ripe for the attention
of the press of ti.e United States. No one who ijives the subject bis notice can (ail to
recognize the (.'.ct that it is one of the most important questions this Government was
ve,- called e.pon to discuss, and that it may involve consequences of the highest
'■ -iment.
riie Captain of the "Corwin," it appears, was acting under positive instructions
rereiycd jrt San Francisco, commanding him to seize and deliver to the United States'
District Court of Alaska, for condemnation and seizure, all vessels lound eni:aged in
th<' cajjture of seals within Alaskan waters, which were dcfine.l to include all of Behring's
Sea east of the line trom Behring's Strait to a point w-st of the most western of the
Aleutian Isliimls. Under this interpretation a vessel might be more than MO miles
from the mainland of America, and still a trespasser in Alaskan waters, and therefore
liable to seizure. The complaints which led to the issuing of these instructions came
from the Alaska Fur Seal Company, who lease the seal fisheries from the (iovernmcnt
tor the payment of 317,000 dollars annually.
The vessels captured were six in number, three of them being described as British,
one American from San Francisco, but the nationality of the other two is not given. It is
not jjreteiKled that any of them was witliin a marine "league of the shore : in fact, the only
vessel whose place of ciiplure is specilieally stated in the despatch is tlie British sclioopc'r
" riiornton," v.hich, the Captain of the " Corwin " says, was cai)ture(l about 70 miles south-
south-east of St. (ieorge. This would l)ring her loO miles from the chain of the Aleutian
Islands, and 'MH) from the nearest jioint of the mainland.
The captured sclioone.s were taken to Ounalaska, where they were libelled for
eondeninalioi;. and their crews were conveyed to Sitiia, where the masters and mates, in
addition to tlie loss of their vessels, were tried before .luili-e Dawson, and fined and
imprisoned. In the case of the "Thornton," the ca|)tain was'fined .JOO dollars. Judge
Dawson, in jiassinu' sentence, was very severe oi, the |)risoneis, and likened their oflence to
piracy, telling them that they iiad iio'more right to go into tiie waters of another nation to
iiiterleie with its iiidustries tiian tiiey had to go upon another man's land and ap|iro|n-iate
Ins crops. Judge Daw.son, although only u District Judge, considers that his jurisdiction
24
extends over the whole of the waters of Alaska, comprising about 1,000,000 square miles
of what would elsewhere be regarded as the high seas, so that he may safely be regarded
as the greatest maritime Judfre extant.
If it should be reported some days in the papers that a Gloucester fishermen had
been captured by a Canadian cruizer ."500 miles off the coast of Nova Scotia, and that her
master and mate, in addition to the loss of their vessel, had been heavily tined, and were
then languishing in a Canadian prison, there would probably be some indignation in New
England. Yet that, as resards the maritime aspect of the ease, is substantially what the
Alaskan .seizures amount to. It is maintained, however, that tlie circumstances of these
cases are modified bv the fact that Russia claimed the whole Mchring's Sea as part of her
territory, and that the waters claimed by this Government were ceded as part of Alaska.
Judge Dawson is reported to have said on this point that liussia had claimed and exercised
jurisdiction over all that portion of IJehring's Sea embraced in the boundary-line set forth
in the Treaty, and that claim had been tacitly recog:ii?. d 'rd acf|uiesced m by the other
Maritime Powers of the world for a long sesie*: of y-^'-s < !or to the Treaty of the
30th March, 1867. Me held that the jurisdic.i." ba. ' i Iransferied, and that the
United States had aequired absolute control and !■ iMinii'.i .),cr the area descril)ed in the
Treaty, and that {British vessels, manned by British .« bji ?ts, had no right to navigate the
waters for the purpose of killing fur-bearing seals. {( this is good law, that is the end of
the matter ; but is it good law ? Unless we are greatly in error, there arc copies of
■ lespatcbcs on the files of the State Department, written prior to 1867, in which the
Russian claim is distinctly repudiated and denied. C'cumstances may have changed
since then as to our attitude towards the subject, but the princi|)lc has not. .And we
doubt greatly whether the United States would ever have admitted such a claim if made by
another nation. What would he said, for instiince, if the IJriti^h undertook to prevent an
American whaler from entering Hudson Bay or traversing the western half of tliat arm of
the Atlantic Ocean which leads to it .' Nlaritime law and international law are the same
whether on the Atlantic or the Pacific, and there is certainly something grotesque in the
sight of hundreds of American fishermen hovering on the Canadian .Atlantic coast just beyond
the 3-mile limit, and claiming to enter all bays more than 'S miles wide at the mouth and
fish, while, on the Pacific, Canadian vessels are captured 300 miles from the mainland, and
the claim is made that a bay more than 1,000 miles wide at the n outh shall he u closed
sea to them.
There is another aspect to the cai e, not international but natior.';, ''hv of the vessels
captured was an American schooner from San Francisco. All ij.cr vmerican vessels,
exce|)t those of the Alaska Seal Fur Company, are therefore iXimiV?' f:..n! these waters,
which are claimed as belonging to Alaska. Is i\:''.cc any \v:.nant ''u( this in the
Constitution of the United States? It has been the Lvil policy '■ l^L nation to give
up the whole Territory of Alaska to one gigantic monopoly, t ) discour ge w^'letncnt and
all legitimate enter()rises not connected with the fur trade. '- >i ,/Oiicy to be
continued .' It surely was not (or this jiurpcse that the territory vvas bought, but that
its resources might be developed, and such parts of it as are suitable for settlement
opened to industrious workers. But for nineteen years Alaska has been nothing but
the reserve of a great Corporation, which is even now scheming to obtain a renewal
of its franeliiscs there. The matter is one of the greatest interest and importance to the
American ])e()|de, who are not desirous of estal)lisliing monu|)olies in Alaska or elsewhere,
but wish to see all their territory opened up and mude available lor the use of all our
citizens.
No. 14.
Mensrs. Lampson aw' ".>. to the Karl, of Idtlenleiyh.— (Received November 13.)
My Lord, ()4, Qitrm Slifd, I.oi'dnn, Norembrr 12, 1880.
W'K understand a ()i'estion of i!it ;i-i loriaj law has arisen between the Government
of the United States on ili ■ oi.e hauu and the (iovernments of (Iri'at Britain and of the
Dominion of Canada on the other lianu, res])ecting the .seizure by the United States'
Revenue cutter " Corwiii " of certain Dominion fisiiing-vcssels engaged in capturing fur-
seals in tlic waters of Alaska.
As the future existence of the fur-seal skin trade, in which we have for years past
been engaged, largely depends upon the settlement of this question, we beg to submit, for
your consideration, the following facts : —
Sir.
\l
Stiinlif
has b(|
and if
1.^11 sdl
25
)V
quare miles
be ref^rded
lermcn had
nd that her
d, and were
tion in New
ly wiiat the
:cs of tliesc
part of her
t of Alaska.
iid exercised
ne set forth
the other
■aty of the
d'that the
l)cd in the
lavigate the
1 tlie end of
ire copies of
n which the
lave chan^ed
lot. And we
im if made by
to jircvent an
t tiuit arm of
are the same
)tes(jue m the
st just beyond
lu mouth and
nainiand, and
I be a closed
of the vessels
jrican vessels,
; these waters,
■ this ill the
lation to give
ft* lcr;ient and
,<oiicy to be
ight, but that
lor settlement
1 nothing but
ain a renewal
irtance to the
, or elsewhere,
]se of all our
ber 13.)
rr 12, 1880.
e Government
\\n and of the
United States'
capturing fur-
Situated ill the Witteis of Alaska, latitude ;")7° north, loii;.iitu(ic IT^' wcst, is the
" I'ribvlov gioii]) of isiaiuis, bfloiiKinpC to 'hi' I iiit<'d Stales.
Tiicsc isl,in<ls, which are occupied every yeai from May to October by a liiri,'e
number ol liir-scals for the [lurpose of breeding!;, have been leased to an American
f"oiii|)any, under stiingcnl conditions, which re.stiict tiieiii from killing more than
100,000 voiin;^ ni.iles per iiiinum, and -didly (iioliibit them I'mm kiilin?- mmv female seals
whatever.
The i'ur-.-eal beini; a polyfiamous animal, the annual ineicasf is not aftecti-d by the
killi::^' ot'liiis limited number of yoiiii'j: males ; and it has been l:;inid that the wise nursiiijr
by tlie-e nieans of this very important fisiury has not only resulted in the jircservation of
the seals durini; the piist sixteen years, but has also given an anijjle supply of skins for
purposes of trade.
', l>iiriiiir the last few seasons, however, fishing-vessels have been fittiil out from ports
:.. in Uritish Colund)ia and the United States, and have been engaged in the wholesale
'; slaughter of female seals, wliieh, diiiinfr the brcediiij^ season, swarm in the waters round
tbe ishmds for a eoiisideralile distance out to sea.
Last summer several of the Dominion vessels were seized by the L'liitcd States'
cutter, and it is stated that a case is beinu' piepared b\- the Doirinion (iovernniciit, for
presentation to the Ignited States' (Jovemment. (lisputim: tlie lesrality of tbe said
captures.
Should (ireat Hritaiii deny the rii;lit ot the I'liitrd Slates' (loveriiment to i)rotcct
tile ti-herv in an ( tfectual miiiiiur, there can be no doulU that the .\laska fur-seals,
which tuinisb by far the most important j ut of the world's supply of seal-skins, will
be exterminated in a very fev years, just as in tlie South Atlantic the Shetland and
fJrorjiia fur-seals, which used to furnish even tiiier pelts than the Alaskas, have
aheadv been.
It is evident, therefore, that the beiitrit derived liy the Doiuiiiion fishing-vessels from
the siauuhter oi tliesc female seals will he short-lived.
W" wiuld next poi::! out that tbe 100, OCO skins, the anmiiil produce of the islands
(wnrth .'i.'d.HOO/ ;it present piiccs). have been siiipiied to us for sale aud niamilact'.ire in
Lrjiidon tor sixteen )i iirs past, thus affording in this city eiiijiloyment tor a large amount
of capital and means ol subsisrence to some 1((,(I(M) people, ii.aiiv of wliorii are skilkd
woiknii II eariiiiiL; waives up to 3/. per week.
I \\'e reed, iberelore, bardlv sm;nest that it would be a shortsiubted and disastrous
; policy to allow such an industry to be destroyed, esjiecially at a time wiien so iiiuch
distress is already prevale;it among the working clas-es.
We therefore earnestly trust the British Government will, after verifying t!ie
above liicts, see its way to give its friendly support to the United States in the exercise
of their right to protect and preserve an article of commerce cipialK atleclin','- the
intcr(st> ol both countries. We bave telei:ra])lie(l to .New York lor the " .Monouriiph
of the Seal Islands,'' bv i'lolc-sor I'.lliott. which fully describes tbe seal life iiiioii the
islands. W'lien we bave receivetl the book we shall iiave the pleasuie ot banding it to
your Lordship.
We arc, &c. ' '
(Signed) C. M. LA.MFSON .and Co.
No. 15.
(.'iildiiliil Ofliii- lo I'hrrii/ii Oftiti\~ (^lirrfirfd Xnrnidier ](].)
Sir. iJdirinni/ iHretl, Sonnilnr 10, ISSI.I.
Willi relereiiei' to pievlous eiiriLspondeiiee, I am directed by Mr. Secretary
Stanhope to transmit to you, to be liiiil before the ICarl of Iddesleigh, a telegram which
has been received t'roin the Governor-(ieneral of (.'anada respeetiug the Ala.ska sei/.urcs;
and I am to reqiust to be infornied ol the answer which should be returned to Loril
I.ansdowne's iiKpiiry.
I am, &c.
(Signed) .JOHN URAMSTON.
tor years past
to submit, fur
[1281
I •)•« ,7>.^
Inclosurc in No. 16.
The Miirqui" of Loiisdowiip to Mr. Stanhnpe.
(Telegraphic.) Ollaua, Nnicmhcr 14, ]f>8f5.
AL.\.SK.\ SL'i/iin>. Iliis any iiii^-wcr tu'cii received to lopirscntations ? Papcis will
be sent you pioving that the ease is one of gifat liardsliip, and that a total disie^aid ol'
international ritjhts has hecii shown hy the action of the United States. We l)elieve the
masters of the vessels are still in prison.
No. I(i.
Till- Junl of Iddcsloiijh to .Sir L. iVexl.
Sir, Forf'ujn O/fice, Xnccriilicr 18. 188'i.
I ilAVI'! to int'onn ymi tliat in(|uiry lias iicen made hy the Uoverntnent of Canada
as to what reply has h.en received Ironi tiie (joverninent of tlie United States to the
representitions uhieli, as ie|)i)rted in your tek'^rram of tiie 'J 1st Oetoher, you iiad
ma le to them in regard to the >t'izure of three scdiooners from Urilish Colund)ia by the
United States' Hevenue erui/.er "(^urwiu" in iiehriu'^'s Sea.
Lord Lansdowiie re(iorts that it is heheved tiiat the eaptains of these vessels are still
ir. prison, and that docunients will he sent to this comitry proving that tlio ease is one of
great hardsiiij). and tluit a total disrej^ard of international rights has been shown in the
action of the authorities of the United States.
I have, in conse(juence, sent you a telescram this day reipiestiug you to report how
this case now stands.
I am, Hic.
(Signed) IDDESLRIGll.
I Sir,
-i.
No. IT.
Sir L. H'csi In llu' Eurl nf Iddesleiijit, — [Recei-ind hi/ tcl'-grapli. S'ovcudier lU.)
My Lord, H'anliiixjlon, November 10, 1880.
Ul'ON the receipt of your Lordship's telegram of yesterday's date I sought
an intei view with the Secretary of State, and asked Itini whether he had received the
ofliicial Report olthe proceedings of the Court at Sitka (.Alaska) against the Mritish vessels
seized in ik'hriiv^'s Sea. Mr. Ha\ard ie[)lied in the iie-alive, and said that he had hcen
urging the Attoruey-Ueiuial in thi' matter since he last saw me.
It would i)e, he continued, a complicated (|iie--tion of jurisdiction, h)r he had beer, told
that many of the seal-skins i'ound on board the Hritish vessels were skins of seals wliieli
had not been shot, hut clubbed, which proved that a landing luid been ettected. lie said
that he would r..'ply to jour Lordship's desiiatcii which 1 had eonnnunieatcd to him as soon
as possible.
I have, &c.
(Signed) L. S. SA( KVII.LK WEST.
No. 18.
h'oriiijn Ofjice In Mi'surs. I,niiii)snii mid Co,
Gentlemen. Fnreii/ii Offire, Noremlier III, I88(i.
I A.M directed by the l^arl of Iddesleigh to acknowledge the receipt of your letter
of the \'2\h instanl. lelative to the seizure ot' certain Hriti>ii-owned setd-tishing vessels by
the United Stiites' Revenue cutter "Corwiu," in the waters of Alaska; and 1 am to
inform you, in reply, that tluMpieslion i^ now under the consideration of Her .Majesty's
Government.
1 am, S;c.
(Signed) .lULlAN PAUNCKfO Ti;.
watcr-
(Extr
I
■f of tl:
aildiv
27
No. IP.
Sir L. HV.«< lo the Earl of fride.ilcir/h. — [Received November 20.)
My Lord, WnshimjUm, November 14, 1886.
14 ]S8(). Wl'l'il rolci'enr(.' to my dwpiitcli ol' (lie 21st ultimo, 1 li;ivi' the honour to inclose
i^aiH-rs will to your l.i)nlshi|) licrcwith copy ol a note wiiich I have received fioin the Becretary
(li>ie"!ird ol' ol State, expl.iiinii;^ and apoloiji/.in;; ibr the deliiy \vl-.icii has oe( nrrcd in replyini: to niy
believe the note ol tl.i: 2\A ScpteMiber last, askiiiy; for inl'ornialion respecting ilio seizure by the
United Slates' Kevcnue cutter " Corwiti,'' in tlie ]iihring's Sea, of I'ritish vessels, and
notiii^r llie protest en the part of Her Majesty's Government iia;uinst such seizures
"~^"~~"~" rontained in my note of the L'lst ultimo, copy of which was inelosed in my above-
mentioned des|iiil(;h.
.4 I have, &c.
I (Signed) L. S. SACKVILLE WEST.
IS, 188ti.
t of Canada
tates to the
jr, you bad
Lirnbia by the
ssels are still
L'aso is one of
ihown in the
:> report how
ESiJilGH.
ber lit.)
pr 19, IBPfi.
late I sought
1 received the
Urilish vc'isels
it be had been
I bud been told
ot' seals wliieb
•ted. He said
to him as soon
LK WHS'!'.
Inclosure in No. 111.
Mr. Bayard to Sir L. West.
her lit, IHrtfi.
of your letter
ibing vessels by
; and 1 am to
' Her .MajestvV
jNCEfori;.
Sir, Department of State, November 12, 1886.
TIIIC delay in mv re|)ly to your letters of the \i7t\\ Sej)tember and 21st October,
askini; for the information in my possession concernin,^' the seizure by the United States*
Rcveime cutter " Corwin," in the Bebrinii's Sea, of Biiti>li vessels for an alleged violation
of the laws of the United States in relation to the Alaska seal fisheries, has been caused
by my wailini,' to receive from the Treasury Department llio information you desired. I
tcitder this fact in apolotty for llie delay and us the nason for my silence; and, repeating
what 1 said verbally lo you in our conversation this morning, I am still awaiting; full
and imlheniic Reports ol the jndieiid trial mid .ludiinient in the cases of the seizures
referred to.
.My a|)plication to my eolleii^uc the Attorney-General to procure an autbentie Report
of these pioecedinus was |)roni|)tly made, and the delay in lurnishing the Report doubtless
has arisen from the remoteness of the place of trial.
As soon as I am enabled, I will convey to you the facts as ascertained in the trial,
and the rulings of law as applied by the Court.
I take leave also to aeknowlednc your communication of the 21st October, informing
me that you bad been instructed by the I'.arl of Iddesleigh, Her .Majesty's Principal
Secretary ol Stale lor Kor<'i;:n Affairs, to protest nyainst the seizure of the vessels above
refernil to, and to icseiAe all liuhts ol compensation.
All of ttbicb shall receive respectful consideration.
I have, &c.
(Sianecl) T. F. BAYARD.
No. 20.
;; The Enrl of IddesUiqh to Sir L. West.
;'; (Teleuraphic.) Foreign Office, December «, 1886.
i ( '.\N.\DI.\N Government iiii|uire wbether vessels e<piippini; in Hrilisb Columbia lor
t. Behrin^'^ .-ea lisberie- are exposed to seizure.
•| 'i 111 y seek assuiiince llr.t no sei/.uiHs oi Hritisb vessels will be tnade beyond territorial
f water'- urAhiska pendio'.,' settlement of (piesiion.
• No. 21.
S\r I.. Wist In the Earl of [ddes!ei(/li. — {Received December 24.)
^ (E.vtiM.i.i WashiiKjti": December 10, 18S6.
■ ^ I IIA\f. tile honour to aeknowledttc- the receipt ot your Lordship's telegram
% "' ^'"' ''•'' instant, and to inclose to your l.ordsiiip henjwitb copy of a note which I
' addris-ed [„ ibc .' reretarv of Stale in the sense of it.
[128]
11 -J
28
Inelosure in No. 21.
Sir L. West to Mr. Baimrd.
Sir, fVanliiiKjtoii, Decemher 7, IBI'fi.
KEFERilING to your note oi'tliel2th ultimo on the sulijuct oltliu seizure ol British
vessels in the Ik'hrin^'.s Sea, and promising to convey to me as soon as |)()ssil)le the (acts
as ascertnlned in the trial and the rulings of law as applitjd by the Court, I have the
honour to state that vessels are now as usual eijuiijpinu; in Uritisli C'lpjumhia tor fishing in
that sea. The Canadian Ciovernment, therelore, in the al)sciic(' ot' inl'onnation, are
desirous ol' ascertaining whether such vessels fishinu; in the open r-eas d heyond the
territorial waters of Alaska woidd he exposed to seizure, and Her Majesty .; G(»vernnient
at till' sane tiiiK^ would he glad if some assurance could he given that, pending the
settlement of the question, no such seizures of British vessels will bo made in Behring'g
Sea.
I have, &c.
(Signed) L. S. SACKVILLK WliST.
No. 2'2.
Colonial Office to Foreign Office, — {Received, January 5.)
oil, Doirninij ISIreet, JiintKinj 4, 1887.
WITH reference to previous correspondence respecting the seizure by the United
States' Ucvcntie-^teanicr " Corwin " of certain (.'anadian schooners engaged in the seal
fishery in Behring's Sea, I am directed hy .Mr. Secretary Stanhope to tiaiismil to you,
for such further action in the matter as the Karl of Jddesleigh may tliink pr<»per. a copy
of a Jospatch from the (^lovcrnor-rieneral of Canada, inclosing' cojjy of an ai)])roved
Report (j1 his Privy Council, explaining the views of the JJonunion flovernmcnl in the
matter.
Mr. Stanhope would he glad to receive a copy of any commuincation which Lord
lddcsleii;h may addres- to the United Stales' Government in conse(iiieiiee of this further
representation from the (iovernment of Canada on the --uliject.
i am, &c.
(Signed) JOHN BRAMSTON.
Inelosure 1 in No. 22.
The Mnrijids <it Liiii.ttldirin' lo Mr. Sfiniliriiif.
Sir, (I'rirrniiiiciil lloiinr, Otiiiini, Snn'inlii'i- '27, 1SH(i.
I 11 .\ V'l! the honour to inrh >,■ heicwilh ('<ipy ^^\ an appro\i'd lieporl of my I'rivy
Council dealinu' with the recenl seizure of the Canadian sciiooners " Caroliiu-,"'
'•Onward," ■■iiid '• Thojinon "' hy the I'niti'd States' l!e\cnue sleanier "Corwin " whili;
fishing for seal-. In Behrinu's Sea.
The stateiuenis contained in the licpoil are suHicienl lo olaldish that the claiiu
now i)iil forward (in the part of tin' I'nited Slates to the sole riuht of taking fur-
hearing aiiiniaN within the limits laid down in the Isl Article of the Treaty of l>^i(i7 is
inconsistent \villi llie riuhls secured lo (Ircat Britain under ihc Convention of 1825,
and is in sulistanci' the same as that which, when ;idvaneed In the Ifussian (iov<'rn-
mcnt on diiicrent occasions jirior to the cesvidn <d' Alaskji l>_\ Bussia to the United
States, was citliei' strenuously resisted or treated with ridicule and contempt hy the
Governmeni of the latter I'owcr.
It is inipossil)l(' to hidii'M' thai, when 1)\ the ('<in\i'ntion of I k25 it was agreed
that the suhjecds of (ireal Britain, as one of the (Jontractini;- l',arlies, should not he
" trouhled (jr nn)lesled in any part of the ocean comimadx called the I'acilic Ocean,
either in na\ iiratinii' llie same or in lishinu- therein," any res( i\ .-iiion was intended with
regard to that jtarl of ihc Bncilie Ocean known as Behriiur's Sea. The whole course of
till! iieu-o|ialir)ns hy which this Conventioii and that helween Biissia .and the United
States of the same year weie preceded —negolkalions which, as pdinted out in the
Report, Mros(' out of eoiiniflinL;' claims to these xcry waleis points lo the contrary
conclusion. It would, indeed, he difiicuit to condemn the present iireleiisions of the
29
7, 188().
of British
le the Tacts
1 hiivc the
fishing ill
lation, are
hcyoiul iIk;
loveiniiient
)endiiig the
Behriug's
WliST.
// 4, 1887.
the United
1 in the seal
mil to vdU,
opci'. ii copy
;in approved
inncnt in the
whieh Lord
f tliis Inrther
\MSTON,
■ 27, l^>^(i.
of my I'rivy
" t'ii roll lie,"'
irwiii " wiiili'
lal I he ehiiiii
r iJikiiii; I'lir-
ity of 1>^(>7 is
linn ot' 1825,
;siaii (lovcrn-
) tiic United
cnipl hy the
it was ai^rccd
houhl not he
acilii' Oeeaii,
iitciided with
lolc coiil'se 1)1
1 the I'liiled
1 out in the
the eonlrarv
nsions nl' the
4
United Stati's'antiioi'ities in Janjjuane more coiivinein<; or cinphatie than tiiat w'-ich,
Avhile those iieu'otiations were in i)roii;ress, was used liy Mr. .Middleton, then lliissian
.Minister at Hi. I'ctershurnii, in ids Meiiioiaiiduni (hiled th(! l-'Mli Deeernher, 1823.
(Vidi- American Stat(! {'ajiers, i"oreii,'n Kclalions, vol. v, No. .'{Sk)
Jt is hiid down in that .MenKiiandiim tliat '■ the existence of territorial rii^lits te
the distaiu'e oi' 100 miles Trfjin llie coasts upon two o])[)osite continents, and the
prohihitioii ol' approaehiny; lo the same dista.ice iVom theM' coasts or Ironi those ol' all
the intervening; islands, are innovations in the la wot' nationsand measures unexampled,
[t must (hiis he ima!.'ined that this ])roliil)ition, heai'in;^ the [lains of eonliseation,
applies to Ji lon^ line id' (Miasts with the intermediate islands, situate in vast seas where
the naviu-ation is siihjeet to iunuinerahlc and unknown didleidlies, and where the chief
employment, which is the whale llshery. cannot he compatihle with a rci^ulated and
well-deleniiined cour.se."
Jlr. Middleton added that: " rniveisal usa^e, which has ohtained the force of
law, has estahlished for all the coasts an accessory limit (d' a moderate distance, which
is sufTicient for the security of tlu; country and lor the coinnu'ree of its inhahitants,
hut which la>s no restraint upon the universal rii,'hts of nations, nor upon the
fre.'dohi of eoiiinierce and navigation."
liider lie- Treaty of 1S()7 l!nssi;i ceded to the United States "all the riijhts,
franchises, and jirivilcLijes " then helon^ini; to her in the territory or dominion included
within the limits descrih(!d (riilc .Vrticde \'I), hut could not cede a vii^ht which, in the
exj)ress (I'rnis of the Treaty of ls2."3, v.as recouiiizi.'d as lieloniiiiii^ to the subjects f)f the
J?ritisli C'roun as well as to those of Itiis^ia.
This is, as far as I have heen ahle (o ascertain, tlir lirsi occasion uj)on which
claims of the kind now advanced have heen enforced. ^ ( alinn-vessels from British
Columhia have for some years jiast fre(piented the wati-rs (d' J?ehiini;"s Sea •,vitlir)Ut
mcdeslalioii, and a letter, of which I inclose a copy, addressed hy .Mr. William Mni.'sie,
of Victoria, British (.'olumhia, to my Minisler uf .Marine and I'isheries. shows how
.serious w ill he th ■ <'ri'<'ef ol'this interferene,' ujioii a \V(dl-eslahlislu.'<l and iiii|)ortant
industry in wliicdi many Briiish suhjects liav<' a suhstantial interest.
It is, [ think, \Vwr!h while to contrast the claims now nrL,^'d hy the Oovernnient of
the United Slates to e.xcdiisive centred ovei' a part td' the I'aoilie Ocean, the distance
hetwecn the shores of which is, as was pointed oul hy Mr. Adams in 1822, not less
than 1.000 miles, with llie indiLfnanI reinonstran<'es recently made by .M r. Bayjird
aii'aiiist the action of the (.';inadiaii authorities in warning L'nili'd States' lisliini,'-ves.s(ds
from eiileiiiii;- ihe li'rritorial waters of the Dominion at ]ioiu!s where those waters were
only a leu mile-, in width .and throuuhont their whole extent in (dose jiroximitv lo
L'anadi.in terriloi\\. A warn in li' of this kind, when u'iven in respect of the Bay des
Chaleurs, whi(di incisures ahoiit IS miles at its month, was stiu:niatized hy Mr. Bayard
ill his des]ialcli of the Ittli .lime, iHHf!, as a " wholly imwarranted pretension ( ' extra-
teri'itorial anihority,'' and as an "interference \\illi the uin|iiestional)le riirhts id' the
.\meriean lisliernien to pursue thi'ir Iiiisiness uithoiit molestation ,it ,iiiy pidnt not
within .'! niai'ine miles of the shore."
1 would also draw your allention specially (o the e^n.al hardslnp occasioned to the
owners and crews td' Ihe seized vessids hy Ihe coiiliscation of their catch and hy the
iin])risi)ninent (d some of the iiiunohs on hoard of them.
I understand thai, owim,' to tin! amount of the lines imposed, which were
so heavy that the ouners have deidined to pay them, the captains and mates of the
seized vessids, Ihoui;!! originally sentenced to thirty days' im]n'isonnient, a tonn wdiich
has loni; since expired, are still delained. I may add, in explanation of the couelndinic
pas>sairt? in Mr. Miinsie's letter, that .Mr. ()i;i'ivie, lli • c;iptain of the " I'aroliiie," while
wailiin;- at Omialaska for the tvial of his vesiiid. wandered (dV into the woods, in which
it aj)))ears, fiMiii .Mr. Munsie's slalemeiit, tliul he miisi h;i\e peiished.
I have, &c.
(Sii!;ued)
LAXSDOWNE.
Inclosure 2 in No. 22.
Report (it II Cuiriiiiittc( fij llif IJotKinnilih' liio frivij (^ovnrll for Ciniiidd, iipiironil In/ liin
lixcrllriirji the (Idn-riirir-Cienrr'il in Cominil on Xiiveiiilicr 27. 18S(!.
Till; Committi.'e of the l'ri\ \ Coiini'il li;i\e had under consideration a commuui-
eation from Mr. !■:. (.'. Maker. M.l'.. \' ice- President of the British Colninhia Hoard
of Trade, traiisniiltini,' a letter from Mr. Theodore Luhlie, the manatcinu; owner of the
30
IJritisIi Columbia scaling' fleet, MsKini!- iiiff)imation as to tlio United States' claim to
tli(> eastcvlv liall
Ji
elwiiin's
Anievieiiii waters, and also a (les]iateli, dated
he 'Jtilli Anuiisl last, Iroiii tiie Lieiiteiiaiit-(l()\ei'ii(ii- oi' Hriiisli Ci)liimliia, ad\ isiiiu; ol'
tlie sei/iire oi llie Canadiau seliooiiers
' Carol
me
and
'I'l
I'irn
loll," hy tin' United
States' Keveuue steamer " Corwiii,'" wliili; ciiLfa^'ed in sealiiii^ in jieliiinu;'s Sea.
Also eopy ol' a lottor Iroin Daniel .Miiiiroe, master of the Canadian sealini;
sehoniuc •' (Jauard," which has heen ah'cady forwarded 1)V his Uxcelleiiey the
tiovcrnor-CciKjral to the Coionial Oflice, and to iler .Majesty's .Alinister at W'.'ishiiiijton.
'I'lii; Siih-Conunittee 111' (,'oiiucil, to whom ihe papers were referred, oliserve that
it appears thai the schoniiers mentioned were Canadian vessels fitted out for the
capture of seals hi the .Vdi'IIi I'aeific (Jcean aiijaeenl In N'ancoiiver Islainl, Queen
(,^harlii||i' Island, and Al.isKa; that they were peaee.'ihly piir.suinu' tiicir vocations on
the hiuh seas at .1 distance of somi; 7'> miles from the ne;iiest island, and more than
100 miles from the ne;ire>i mainland ; thtil they were taken posscssicni of hy the United
States' licveiHKM'ulter "(.'orwiu" on tlie ]st An!.;iist last, and towed to the port of
Ounalaska. The crews of (ho '•'I'hornfon " and "Caroline" (\vith the e.xeeption of
the captain and oim; man on each vessel, who were detained at Ounalaska), wen; sent.
l)y steamer to S.in Krancis(^o, and there turned adrift, while the men of the" Onward "
wei'e kept at Ounalaska. The schooners and the seals found on hoard of them were
also detained hy (he I'nitcd Slates' .■inlhoritii's.
Theaiithorily under wiileli tlie-e seizures were made is a[)parently ;—
i. .\ lellerof iiisirncllons from ihe Act in;.^ Secretary of the 'J'reasiiry of the United
Stall- to Mr i>'.'viieona. the Collector of Customs at San I'ranciseo, dated the
12th .March, ISsl. uiih inclosures (A of Appendix).
1;. A letter from the Secretary of tlie L nileil States' Treasury to the Collector of
Customs at S.in l''raneisco, daiivl the jiith .March, ].SS(i, contirininy; the instructions
,j;iven to Mr. D'Ancona in l^s;). .md ordcriii'' puhlic.ation of tin; same (H of
Appendix).
;;. The I'evised St;itutesof the United States, the lu'.Kith Section of which ]irohihits
the"killinu of fur-hearinj^ anim.-ils wilhin liie liniiis of Alaska I'crritory, or in (he
wat(!rs thereof, and Sections l!)(i' .•md lUlil of uliieh jirohihit the killing of m.ile seals,
excejit at ceitain times, and under certain restrictions, and of fem.'ile seals al ;iny time,
upon the Islands of St. I'anI and SI (ieor^e, or in (he waters adjacent tli(>reto.
The master and mate of Ihe sclioone,- "Thornton" wen- sii1)sc(|ueutly (the
13th A.iiii'iist last) hrouuht for Irial hefore Judue l);iwson, in theUiiited States' IJistriet
Court at Sitka.
The evidence i,'iven l)\ the ollieers of the l.'iiited States' lieveniie cutter " Corwin "
was to the elfect that the •'Thonilon " was seized while in t>chrii^''s Sea, ahout (iO or
70 miles soiith-south-cast of St. (lcort,'e's tsland, for the oll'ence of himtinj,' and killing
seals wilhin that p.arl of I'.elirinn-'s Sea which was ceded to the United States hy
Russia in l^Ci".
The .lndp:e in his ch;iri;c to the jiirv ((noted the 1st Article of the Treaty of the
3()th March, 1S(J7. l)|.|weeii Itussia .liid ' '"
Alaska is ilelined ;is iollow:. :- -
ry
The western limit, wilhin which Ihe territf
and dominion conveved arc
eontaineil, passes throii;,'h a point in Hehrinsi's Straits en the jiarallcl of (i;V' 30' north
latitndi'. at its intersection hy the meridian which passes niidwjiy hetween the Island
of Krnsenstern or luualoolc and (he Island of Ratmanolf
rhool
or .^lOonarnook, and proceeds
due north, without limit.ition, into the same Frozen Oee.an. The same western limit
heij;inning ;it the same initial |)oinl, proceeds then in a straii^ht course nearl
west lhron<'h liehrim^f's Straits and Hehrii
V sou
'ca, so as to pass miilway l)etwe(?n
iiorth-wes! iioiiil of the Maihl of Si. L.iwrciiee and the sonth-easl 'point of Ca
th-
the
Chonkotski, to the meridian o!' 172" west louKitude, th
' troni the jntcrsccdoii of (hat
meridian in a south-westerly direction, so as to pass midway hetween the Island of
Attou and the Copper Island of the Kormandorski couplet'or sjroup, in the ,\ortl
I'aeitlc Ocean, to the meridian of 1'.)
eonveytd the whole of the Aloutiau Islands ea.st, of that meridi
DoeuuK nl>
d s,.
west lonj^itude, so as to include in the territory
in," J'ixeeutivi'
tOlh (
onui-ess. \(il. xiii, document
'i'lie .luilu'c is reported to have uone on to say: —
All the w.iteis within tin; honnuarv set forth in this Treaty to the western end
of th" .Meiiti
within i'l' \
killiny- of fi
Tvithin the limits hefore described
III .\r.diipel,iyd .and cliai" of island, ar(> to he considered as comjirised
ters of Alaska, and a ,he penalties prescribed hy law against the
ariiifi' animals, must iherelorc! attach agiiinst any violation of law
81
\r United
(late.! tlic
,;a
•>■
iiivi> strciuioiisly resisted vviicn
iiisilinn taken hy the I'tiitoil
of
"If, tliorpfove, (lie jury l)eliev(,' friini tlie eviileiiee thai, llie. {lol'ciKlmits did by
tlicMiiselxes or in eonjnnelion uitli otiiers, on or alioul liie time ciun'iied in the
ini'orniaiion, kill anv oiler, mink, martin, .salile, or I'lir-seai, or otiier I'nr-beai'inij;
animal or animals, on tiie -chores of .\laska, or in the ISehriny's Sea. east of the VXV ol'
west loni^'iliide, the jury should lind the del'endanis ;inilty,and assess their jinuisliment
!ie[iarat(!ly, at a tine ol' not less than 201) dollars, nor more than l.dOO <lollars, or
imiu'isonineiU not more than six months, or hy liotli, sncli lines uilliin tin; limitB
licrein set forth, and imprisonment."
'{'he jury found the prisoners guilty, ;ind tiic masier of the '•Thornton" was
sentenced to thiity days' imprisonment and to pay a lin(^ of .")()() dollars, while the mate
was sentenced to a like term ol' imprismiment and to p;iy a line of liOO dollais. ft
aiipears Irom a lele^ra|)hie despatch ol' tlietsih .Septemijer Last thai tlu; masters and
mates of the •• Onwanl "' ai\d " Caroline" have since also heeii triced, ,ii. 1 senteneed to
undergo jienallies similar to those intlieted on the master and mail' of llm "'riiorntoii."
'I'he Snli-Committee do not here pi-o|)ose to comment on the cnlari;eil eonstriiclion
placeil hy .liid^e Dawson on the words •• ;i Ijjieent water.s" in the idauses of the itevised
Statutes above referred to, fnrtluT than to remark in ])!issini; that its elf cot would be
to coiiM'rt a ))iirely municipil ]irohibilioii into an international obliiration, and to
claim for the I'nited States a inrisdiction wliieh their (ioveniinent have in the past
not only declined themselves lo assert, but which tliey
chiimed b\ anothi'r I'owei'.
The follow iiii; brief instance will illustrate the
States' (iovermneiit in the recent ])ast :
.\s late as the IDth .Vjiril, l>i7-, Air. Itoiiiwidl, then Secretary of the I'liitod
States' 'I'reasury, in answer to a re(|nest made to him that a Ucvenue cutter should be
sent to the rejrion of .Mir.n.'ik I'ass to |)rcvent Australian and Hawaiian \essels from
takinu' seals on their annual miuration to the Island^ of St. I'aul and St. Oeonje,
decliiuMl to accede to the re(iuest, and added :-
" In addition, 1 do not sim- that the I'liited Stales would have the jui'isdietion or
poMcr to drive oil' parties t,'oin^' up there for that |)ui'|)ose, unless they made such
attempts ^vilhin a marine leai;ue of the shore."
(ioini; further b.ack in date, the Sub-Committee tlnd that in \H±2 a claim to
soveiei;^nty over the I'ai'ilic Ocean north of the olst dofijree ol' latitude was ))ut
forward by I'lissia. An Imperial Ukase, issued on the Lth (Kith) Septemijer, 1S21,
ref^ulalinic commerce, whalini;, and lishing' along the i?asteru coast of Siberia, the
noith-westeru coast of North America, and tin; . ieutian and other islands, and
pi'obibiun;; all I'or.ijjn vessels from landini; on tlr. coasts and islands hehiiiKinir to
llussi.a, or appioachini;' them within less than 100 Ttalian miles, was communicated
to the Ameiican (iovernment on the lllh J-'cbruary, 1H22 iC of Aj)pendix;.
The tloiioiirable .lolm (,>uincy Adams, at that time United Stales' Secretary of
State, wrote on the ^oth of the same month to ^\. de I'oletica, the ilussian .Minister
Plenipotentiary, (wpvcssinn' the surpri.^e of the I'resideiit of llie United States at the
assertion of a territorial claim by Uuss'ii e\teiidiii;j to the olst deirroe of north latitude
on this continent; statiiiL' that the ■ xcliision of American vessels from the shore
beyond the ordinary distance to which the territorial jurisdiction extends had e.vcited
still li'reatcr surprise; and. i-eqi'.estini^ an ex])lnnatiou of the ijrounds of riuhl. upon
principles E;eiierally r'oou;ni/ed by the laws and usaues df nations, which could warrant
such claims.
.M. di' I'oletica, in a despatidi dated ihe Kith (L'"-lh) I'eliriiary, l^s2, del'eiuls the
prohibition as desi^aicd to suppress the Imnishiii:,' by foreii;iiers of .arms and ammu-
nition to the natives of Itiissian Aineri"a. Ife adiK. however: —
"The extent of .sea of which these possessions form the limits coin[irelieiids all the
conditions which ;ire ordinarily nttaidied to .shut seas (' mers fermees'), and the
lUissian (lovernment mii(ht, eoiisei|uunt 1\ . jiid^c itself aidhori/ed to exercise upon this
sea the rinht of sovereiitidy, and especially that of entirely interdict inif the entrance of
foreiu;ncrs. But it jireferred only assertini;' its essential ritjhts, without takilii;' any
advanta;^!' of localities."
Mr. .\dams deemed is :i siilUcietit answei' to this idaim to )(oint out the fact that
the "distance from shore to shoie on Ibis sea in latitude -"il north, is not less than 110°
of loniritnde. or 1. 000 iniles." (State i'ajiei's. vol. ix, p. 171 ft .vf/.)
A writer in the " North .\merican lleview," in an artlide jaiblished a few mon'hs
later, says, wiih i-esjiect to Mr. .Vdams' ;Mis\\er, " .\ velmuf on tl'^' subject eould not
have placed thi; absiudity of the pretensions more iflariutijly before u,s." (" V' nli
American Review," vol. xv, p. 381).)
:J2
'I'lic position was r(>liii(|uisiicil li\ Russia alter inucli neiiolintion and (!oit("s|)(iii-
(leiicc (sL'i- Aiiu'iii-an State I'api-rs, I'nrciv'ti Ki'lations, vol. v, p. U\2), and on the
17th .\|iiil, 1S2I, a Convention uas (■( in nded between the LJnited States and tliat
eountn whieli was ratilii'd al A\'ashinut(m on Ihc 12tii January, ]H25, and oi' Mliieh
the 1st Article is as follows: —
•• 1. It is a!,'reed that in anv ])arl of the 'j;yvM ocean, coniniunly called the l';ieilic
Ocean, or Sontli Sea, the res|iectivc citizens or siihjcets o!' the iliuih rontractiii;;-
Powers shall he iioilher disturhi'd nor restrained, either in iiavii;ation or in lishiiii,s
or in the power of resortiny: to the coasts iipnn points which may not alrcidy have
hceii occupied for the ])urpose of tradiiiu; with the Jiatives, saviiifr always the
restrictions and conditions determined by the followinf? Articles." (Stale Papers,
vol. xii. p. o'.iij.)
The (conditions and restrictions relate chidly to the |)revcntion of illicit trade in
spirituous li(|Uors, lire-arms, &e.
Xciiotiations hctween tlrcat Ih'itain and liiissia on the su))joct of the same Ukase,
and the prohihition above referred lo, resulted in a Treaty between the two Powers,
concluded on the Kllli ('JSth"* February, 1K2."), and containing the following: provision,
in whit'ii the riu:hl of lishin^ and navigation by (Ircat liritain in any jiart of tin;
Pacific Ocean is rccoi^nizcd : —
" It is asreed that the respective subjects of thi! nigh (.'ontraetinir I'aities shall
not be troul)h'd or molested in any jiart of the ocean couuuonly called the I'acilic
Ocean, either in navigating the same, in lishing Iherein, or in iaiidint,' at such parts
of the coast as shall not have been already urcupied, in oi'der to trade with the natives,
under the restrictions and conditions specilierl in the following Articles." (State
Pajiers, vol. xii, p. .">S.)
So far as the Sid)-Connnittee are awaii'. tiie claim was never revived until it is
now for tlie first lime put Ibnvard by the Inited States.
It does not appear necessary to insist a( any i,'reat lenulli that the conditions
attaching to marid rldtisti cannot by any ])ossibility be predicated of ]5chring's Sea, and
that the seizure of Canadian vessels at a distance of over lOM miles from the maiidand
and 7n miles from the nearest island constitutes a high-handed extension of maritimi^
jurisdiction unprccedeidcd in the law of nations, but the Sub-Committee cannot
conclude without iuvitini;' the earnest attention of Her !Majc>ly'> (lovcrnnient to the
fact that Canadian citizens sej/cd v.hiic engaucd in the pursuit of their lawl'u! vocation
upon tlur high seas, and more than 70 miles from the nearest huiil. have been (lrau;gcd
before a foreiirn Court, their ])roperty conliscatcd, and thcmsclvi's thrown iido prison,
where they still remain.
The Sub-Coinniitfee exjjress their conlident hojie that such representations will be
at once made to the. United States' Government as will .secure the immediate rcdeasc
of the imprisoned men, and full reparation for all losses and damage sustained by
them.
The t'ommittec concur in the foregoing Il(!port, and they advise that your
Excollcncy be moved to transmit a copy of this ^Minute, if ap])i'oved, to tlio Kight
Honourable the Secretary of State for the Colonics and to llcr Majesty's ^linister at
Washington.
All which is respectfully submitti.'d for vour Excellency's approval.
(Signed) .IGIIN .1. McGEE, Chrli,
Privy Council, Caiinrla.
Sir,
the
A]i)ieiiilix (A).
3//-. If. F fieuih. .\rli,i:i i'feriiiiiii/. TriHuurtt Jjijiiii-tniciil, lu Mr. J). A. D'Aiiiviin, 717. (l'h''inrlj Hdnl.
Siiii Fniviixni, Och'/onivi, Marrh 12. 188'i.
[Seii liiclosure 7 in No. ;<.]
Appendix (B).
Ml-. D. Mudiiiiiii. SnrihtKi. '/'ininuri/ Deparlmeut , (u Iht Collector nf Cuntiinm. l^mi J-rnnriscn,
March IC, 188fi.
[See IncloKiue 7 in N'e. S]
.18
iri'i'S] toll-
on tlic
111(1 tlwit
)!' Avliit'b
I'Mcilic
iitr.'icliiii;'
lisliiiiij;,
;i{ly liJiVf
i\;i_vs till"
t.nidc in
11 is
Ap|iiiiilj,\ ((;}.
Kiliil ijj /fi.< /iiijieiiii/ MiijiMii, Aiildiriit nj .III llu JliinAi'i\
Tlic I)iri'Ctin)( .SeiiaUt iiiukctli kmiwii uiiUi all iiicii : wliiMviis, in an Kilid ut His lni|>i'i'iiil Miiie»ty>
iMvied t'l till,' lliici'tin^; Sciialc (in tlic -Itli ilay cpI' S(;)il(;nilMi-, iind siyncil liv His IniiHiial Majdiily's own
liamls, it i< lliic I'Xpri'ssi'il :— -
" ( Hisci'vinu' I'i'iiii iciMiils sulpiiiilliMl til in llial tlic liailc ..I uiir .-iilijiit.s mi tin- Ali'iitiaii Islands
and on the iiMrlli-\Mv-l cuast nl' America, a|i|icrlainiii,u' niiln liii^^iii, is siilijcrtcil, liciaiisc nl' illicit and
spcrct tliillic. Ill (i]i|iicssiim and ini)iccliiiiciits. and liinliiij.' thai llic |iiiiici|iiil canst; ul' IIicm; ditliciiltics is
tlic want 111' liiilcs isialilishiiiL' llic Imnndarics lnr iiavij;atiiiii alincj llicsc coasts, and the milcr nf naval
coiniiiiinicalion, as udl in tlicsc jilacus as mi llic whole of tlic castitin cuast uf Sihcria and the KniiU;
[fllands, we have deeiiied il necessary to dclcniiiiic thcsi! ciiinninniiations liy siiccilic l!o;,'iilations which
are hereto attached.
"In t'oiwardiii^' these Ii'cu'iilatimis to the llii-ectin;^ Senate, we cuiiiniaiid ilia I the same he ]iiililiHhed
for nnivfirsid inrorination, and that |irii]ier iiicaHnies lie lakcii to carry theni into uxccntion.
Countersi),'ned :
(Sioned) "Connl I). (iV RIEV, Minml'r n/ fiminii'."
It is thcret'ore de(Tceil hy the Directing Senate that His Inipeiial Majesty's tklict 'i»- piililishcd for
ihp inforniation of all men, and that the samc! be oheyed hy all wliniii it may concern.
The original is signed hy the l)ire(!tiiii,' Senat*'.
On the oriL'iiml is written in the haiidwritinf; of His Imperial Majesty thns-
" He it accordiiigh ,
(Signed) " ALKXANUKI;."
Section 1. The pursuits of coniinercc, whalin;.', and lishery, and of all oilier indiistiy mi all islands,
ports, and gulfs, iiicludin" the whole of the noilh-west coast of .\iiicriia. lieiriniiing rioni lichring's
Straits to the "list degree of northern latitnde, also I'mni the Aleutian Islands to the cmsUUIi cuast of
Siheria, as well as along the Kurile Islands from liehriiig's Straits to ilie smith cape of the Island of
tiruii, viz., to the 4n ."iD' northein lalitnde, is exclusively granle to Itiissian suhjects.
Section 1!, It is therefore piohibited lo all fnreign vessels, not only to land mi ilic cnMsts and
islands helonging to liussia, as stated above, Iml also to approach llicm within less tliaii Km Italian
miles. The transgressor's vessel is subject to conliscation, along with the wjiuh' cargo.
Sir, Ottaiva, April I). 1886.
I have the honour to tniDSinit herewith a letter just received Iroiii Mr. 'I'iieoclore
Lubhe, the managing owner of our British Colunibian sealing fleet, and dated the SOth
ultimo ; tiie newspaper clipping attached thereto fully c\i)hiins the matter enibiKlied tiiereiu,
and, as will be at once seen, it is a matter of vital importance to our fishiii;,' industry and
commercial enterprises generally that the same should engage tiie attention uf the tioveni-
ment at the very earliest possible moment, in order that the owners may be appiiscd with
as little delay as possible how they are to act.
1 woul I therefore respect I'lilly urge that the whole subject he refened to lii.s Kxeelleticy
the Governor-General in Oouucil, so that I may be informed as quickly as is reasonably
possible what reply to telegraph ; should this mode of [iroeedure be irregular or uiHlesifable,
then I would most respeetlully ask that such other steps be taken in the [irctiiises as to you
may appear necessary or expedient, so as to avert tn ''ble in the closely approaching season
alluded to, and remove all doubt as to the rights ■ i' e parties on the " iiigh seas," or
otherwise, as may appear to be reasonably consistoii
1 have, &c.
(Signed) EDGAR CROW-BAKER, M.P.,
Vire-Presidpnt, British Columbian Board nf Trade,
The Honourable the Secretary of State.
dl film I.
\tr. Ltihbe lo Mr. K. Cm ir. Baker, M.I'., Virlnrin, Ihilisli Columbia, Slaivh 30, 1886.
[See Inelosuie 8 in No. .'i, p. 7.]
Contraband Seal Hunting.
Noticing in your issue of the " Call " of the 2'ith instant an article referring to the
Alaska Kur Company's territory, to obli.ge a number of your siibseribeis will you kindly
inform us if a vessel hunting seal a marine league off shore in IJehring's Sea would he
liable to seizure, or does the mtirine league- limit apply to that territory as it does to all
land in the high seas ?
SEVKU.VL InTEUKSTEJ) SUBtSCRIBEltS.
[1281 F
^4
Srctinn lOSfi, Revised Statutus of tlu' United StutL-^, pi-oiiibits tiie killiii>; of fur-
hcBrinp iininiids witliiii tlic limits of Alaska 'rcrriiorv or the wiiltrs lliiTcdf, ixccpt iiiider
an auihori/dtion from tlie Sceietarv ol tlu' 'I'lciisni'v, and it l''irlli('r provided that tiic
Secretary sliall not ^I'anl any special privili;;c ■ under tiiis siction. 'I'lieii eonies the
incpiirx : " hat is inekided in I lie term, 'the waleis iliereol ' i^ ' The Treat \ hy wliieh
Alni^k.i was ceded to the United (slates hy Kus.-ia defines the Ixjinidaries of the jurisdiction
*••■•" " ' 'I'lie western limit, which extends ont on the lii;;h sens (a cpnstionahle
thus fonvcycil.
conveyance) as tar as the meridian of lli;}° west lon^itnde. so as to include the whole of
the Aleutian Areliipelugo, and ihenee proceeds north-west to the intersection of the
iiu'ridian 17- wcBt with the parallel id' fi.')" ;<(•' north, pas-es Ihronuh the nnddle of
Hi.liriu^''s Stri'its, midway hetwccn the Islands of' Kouseiitern, or li;naliiiik, and Kcitmanofl,
and thence^ dne nnrlh with(ii;t linntation into the I'ro/en Oeean. liy Act of C'on;;res> the
laws ol' the I'nited Stafe> are extended over all this feirilory anil water. As Hehrinit's
Straits at its narrowest is ■!(! ndles wide, i) nnles Irom the A!a-kan mainland (iia>t would
not heirin lo reach th,- wc-tuii liniii of om- purchase from IJussia, anil untd thr riL;ht of
the United .States' (Jdveriiinent lo exclusive jnrisdielion over those waters is suceesslully
controverted. \ou must not violate the law of C'lUiitre-s. hy killint; seals therein, witlion'
the consent of the Secretary of the Treasury, oil peril of eondseation. " Aceordinj,' to the
current of imidern aulhority," says f'liaiucllor Kent, " the general l( iriforial jurisdiction
cxtcnils into the sea as (ar as a cannon-.shol will reach, and no farther, and tiiis is ;,'enerallv
calculated to he a iiiaiine leoLMie (■> nulcsi, anil the ('on!,'rt's-. ol the rniteil .'^tates has
rccognizfvi this limitaiinn." The claim ol Hus.--ia to .-' eiirnly over the I'aeiiie Ocean
north of the .")lsi diirree of latitude, as a dose sea. wn idcicd hy our Government in
1822 as heim; a^ain.st the rights ol other nations, but we have houjiht Russia out,
it is all rii:ht. One's opiiuons ehanjfe accordinii; to ones ..indpoint, and ht sides, eannoiis
shoot lartlier now than thev used to.
Public Xo. l.'iO.
An .id III iiriTciit tin- Exlvniiinntioii uf h'lir-liiuiitiiij JnunnLt ni Aliiska,
[See Inelosme 1 in No. 0.]
I.itirr iliitrcl Trfiisunj Dejiurlmi-nl, Wnahbtijlnii, DA'.. A/iril 10. 1S7l'.
[See Incluiiure (i in No. 3.]
Indenture dated AuijuKt .S, 1870.
[See Inclosure 3 in No. 6.)
■ TiiK Alaska Skizuue-s.
Extract from the Bruokljin "Eagle."
[See Inclosure in No. 13.]
Government House. Vlrlurin, Hrilisli. Cnliimtiin,
(Extniet.) Aiujv.-t 2G, \^>(>.
I have the honour to report that a few davs since I received a tcleirram from
Mr. Mason, Acting Riitish Consul at San Kranciseo, to the follow int; effect: —
" 'Caroline' and 'Thornton ' seized hy United States' steatner ' Corwin ' for illegal
scalint: ; about twenty men from them \m\ on hoard ' St. Paul' arrived here last ninht ;
they ask nie for protection and to send them to Victoria. Advise me what to do. They
are not charj^cd with anything:."
Upon receijit of this I arranjred with the owners of the " Caroline " ami •' Thornton "
for the return of the men here, and tliey rurived on the tlie 2:iril.
The " Caroline" and " Thornton," heloniiina; to diHercMit owners, are sloops owned
nere and fitted out here for the ])roseeution of seal tishinu; in the North Pacific and
Behring's Sea. 1( seems from the accounts given that they were |)eaceahly pursuing their
vocations and not within 70 miles of land when they were seized hy United .^tati's'
Revenue steamer "C'orwin," as above stated. Some of th(> men were sbi|)ped ' o San
Francisco; the sloops and their masters are retained in some Alaska port.
I inclose a cuttinj; from a ncwspapci' |)uhlished here, which gives as correct an account
of the matter as we have at ])iesenl. and also a statement of the facts relating to the
transfer to the United States of the Kussiun-Americun possessions and of the lease and
■ ■■&
to fi
nicir
Unit
tints
term
of St.
tur-
frotn
he
and
Unite
lease
and
for tl
the
nniu:
_dloi
jjrovi
the o
kase
V 1st
.iti'on
m CI)
' am
lindt^
has r
the n
the r
Mas
35
)<r of I'ur-
■|it uikIlt
that tlif
(lines the
liy wliicli
irihdictioii
l(sU()llill)ll'
(' X\lll)ll' ol'
Oil of the
middle nf
|{iitiiiaiii>lt,
iiiiiess tli'.'
Heliriiiii's
oa>t, would
liL'iit of
iiceesslully
in, witlion;
iiiij: to tin-
iii'isdielidu
is ;;t'iierally
Slates lias
ledie Ocean
leinuieiit in
Kussia out,
U>, calilioiis
, ('ohiiiihiit,
ilegrani Ironi
11 ' tor illegal
ic last nii^lit ;
1(1 do. Tliey
•' 'I'liornton "
§
ilno|)S owned
■'f
I'aeitic and
iiiisuini; their
J
'nited States'
',*!
ij)[)ed '0 San
•1
.1
et an account
•lalini; to the
the lease and
•M
IS granted hv the (JovernnienI ol the United States to the rompuny above
I.
I ae matter has hecn already l^ii'l bifore li' Ihinouiablc lliu Minister of Marine
atid Fisheries, who o|)|)<)rtuMely arrived here a tew days after my retx-ivinf; irdiirmalion
of it ; Ixit I heg to call your earnest attention to it, so that, the whole case heing laid
hel'drir tlie lin|ierial authorities, ste|)s may he taken not only to cause icjiaratiuns to he
I 1- „ il ..« U«,.J 1...I- «.. A„ti..',, ,.]f ...........«4 :i.l.. ......f.f itii^n
made
of it,
for th(
"W ', — i J , , • - - ,--^ -^ _
he outra;;'," eonniiifted. hut to dcfiniiely |)rt'\'ent anv possible pcpetitmn
'rrtK 8k,m.tno iSciiooNi'.R Skt7,uhks.
.\s the late sei/ui'es of an American and three Uritish sealing schooners hy an
,\meiiean Revenue cutter in the I'ehrinij's Sen are almost certain to lead to international
eoniplieations on account of the e.xtravaganc.'e of the assumption U|)on which those seizures
were made, a hrief liist(U\v of the events which led up to them will he aeeeptahle at the
present time.
fn Maieh l^i'i? a Treaty was made between Russia and the United States, by which
Russ'ii eeded all its p issessions in Uritish North .\nit;riea to the Government of the
Uiiil( d States. One of the t(M'nis of that Treatv declared that tiie western limit, within
which till! territories and dominio i conveyed are 'ontained, passes through a point in
Mehrinii's Stiaits on the parallel i O.'i' 30' nurtli latitude nt" its iiitcr«eetioii hy the
meridian which pas-es midway li. tween the Isj.mds of Krusenstein or lynalook, and
proceeds diic north witliout limitation, into the sain(; [''roiien Ocean. The same westerj;
limit, heginninL' at the same initial point, proceeds thence in :>. cimse nearly south-wes^
through Mehrintf's Sea, so as to pass midway between the north-west jioint of St. Lawrence
and the south-east point of Cape Choutkotski to the meridian of ITli'west ionj,'itude,
thence I'vom the intersection ot' that meridian in a soulh-wcv-.teiiy direction so as to pass
midway between the Island of Attou and the C'op])er Island ot the Kormandoi-ski couplet
or i;ii)ap in the \orth Tacitie Oe(.>an to the meridian ot i'.)3 west loniiitude, so as to
include .n the ie;-rilory eonve;, cd the whole of the .Meutian Islands cast of that meridian.
So far, so ijood.
In July 1870, in the 'Jnd Session of the 41st Coiii^ress, an Act wa.s passed entitled
'■' .An .Act to prevent the K.vtermination of Fur-hearin;,' Animals in Alaska,'' in which the
number of seals to be killed for then' skins was limited on St, Paul's and St. George's
Islands to To.OtIO per annum on each island, with power by the Secretary ot the Treasury
to tiu'ther limit the number if necessary, and f,'ivinj; that otficial power U) lease for rental
mentioned in this Act, to proper and rcsponsiiile parties, lo th.' best advantaije of the
Uniti'd St.itcs, lia\ini: ilu'.' reijard to tlie interests ol' the Goveiiiinent, the native inhabi-
tants, the paitics hitherto ensaired in trade, and the protection of the seal fisheries, lor a
term ot twenly-tive years from Alay 187(1, tlie ri-ht to eni;a^e in taking' seals on the Islands
ot St. I'aul and St. Georp^e. Another section declares that anv person who sliall kill any
Im-seals on either of the siiid islands, or in the waters adjaceni lliereto, without authority
from the lessees tlu'reof, or interfere with them iu the lawful prosecution ol their duty, sliatl
be deemed {.'iiilty of a misdemeanour, and shall lor each ottence or conviction be j)unislied,
and all their vessels, t.ickle, apnarel, ajipurtenanccs. and cari;o shall be forfeited to the
United States. In the nionih lol'lowini,' the passa!,'e of this Act, that is in Au,i;ust |S70, a
lease called the Seal Isfind Lease was e.vccuted between the United States" Government
and the .Alaska Commercial ('oin|iany, a Corporation establi>lie 1 in Caliioiiiia. In return
tor the exclusive pi-ivilej;e of takinti liir twenty years (with certain restrictions) fur-seals in
llu' Islands of St. Pad and ."^t. (icorjxc, the, lessees a_i,Teed to [liiv the (iovernment an
annual sum of o.'j.tJOO dollars, 2 dol. (ii'.i c. tor each s.'al-skin taken, 5.'> cents for each
gallon ol seal-oil sold, and to annually provide the natives with a certain cpiantity of
jirovisions and fuel. The montlis of June, .Tuly, September, and October were, moreover,
the only months durinE; wliich the caiiture of the seals could be |)i()seculed. Under this
lease or roncession tbisCompanv has perpetuated its monopoly lor si.Kteen years, reapiiif; a
v.ist prolit therefrom. Not satislied with the prolitic source of its sapply, and the f.icilities
atlonied it for enprauini; in the business, the Coiii|mny has sought ami practically succeeded
in conirollin;;- the fur-seal market by its agi!;icssiveness in prctendiiitt to coiistine the term
''and the waters adjacent ihereti)"as meaning th:it vast sea of waters included in the
limits of cession named in the Russo-Aineriean Tre.itv of I^IJT. In this interpretation it
has received tlu; nnrelaxed support of the United ."states' Government, whose interests in
the matter are identic:il with those of the Company; and here it may he remarked thaf
the royalty paid by the latter furnishes a handsome profit upon the |)urchase-iiioney of
Alaska Territorv. One or two American Revenue cutters are alway.s crui/in;r iu the
[1:^8] • jpo
36
Heliring's Swi and that portion of the North Pacific to tlio south of the Aleutian Jshinds.
ever on tiu- alert to prevent any vessels i)ut tliose of tlie Alaska Comniercial Company
from ciipturinu; seals there. Meitini,' with no effectual opposition, and the cost of lit,i^ati,)n
precluding any chances of succiss lor the appellant, tiie Government has hecoine more
and more au'J^ressive, until tinaiiy. changini; from a defensive to an offensive supervision,
their action has culminated iu tiic diliherute seizure of three British sailing schooners upon,
whatever a national greed may declare to the contrary, the high and oi)en seas, recognized
by international law as part of the world's great highway, free to the coninierce of nil
countries, and a natural means of intercourse of all nations.
it is laid down ;is one of the first principles of maritime and commercial international
law that the open sea or main ocean is, like the atmosphere, free for common use to all
mankind, and cannot be api)ropriated by any State to the exclusion of the others. Hearing
in mind tiie huge improbability of the act of the; Revenue cutter not being in conbonanee
witii Governmental orders, what do we find r That a nation, disregarding on one coast the
the belt of the sea littoral which constitutes the range belonging to coast defence, is
actually assuming on another coast supreme maritime jurisdiction over a waste of waters
comprising half the northern part of a vast ocean. In the exercise of this self-arrogated
authority foreign mercantile vessels are forcibly seized and, with their cargoes, are declared
confiscated, while with an unaccountable magnanimity the crews, after being landed at an
American port many hundred miles distant from the scene of their capture, are allowed to
go at large. It may be advanced that if ojien to indiscriminate capture the fur-seal would
have ere this become extinct, or nearly so. Hut though this has been the case with the
seal in the southern regions it is a fact, which, dcpiorid)le as it may be, would furnish
a most tliinsy excuse to a (Jovernment whose regulation of tiie industry in Alaskan waters
is prompted not by philantiiropy, but by striclly mercenary considerations. So far has this
latter disposition tarried them as to cause them to become respoiisibie for an act which,
if committed by a vessel iiiivalely manned and owned, woidd bear but one interpretation.
As it is, the act is one that is rash, agirressivc, and, in the face of what is known, bitterly
unjust, and is already s[ioken of as an unworthy means of reprisal for the late seizures
made by Cairada of American fishing-vessels on the Atlantic coast. The scaling schooners
when seized were over 70 miles from any land, and how, with this fact before tbewi, the
United States' (Government can attempt, with any show ot reason, to justify the eoPiduct of
the Commander of the '•('orwin," it is diiiicult to imagine. With that evidence we have
at hand, the seizures and detention are inanil'estly illegal, and representations of the afliiir
througii the I'roper official channels iiave idready been forwarded to the I lonie Government.
Britain is not belligerent, the strength she possesses — imparted by the commerce she
conducts in every (piarter of the globe — she does not misuse.
Mr, Miinroe lo Mr. i^prinij, Auijnxt 7, l8Wt>.
[See Inciosure 4 in No. 7. J
■0
'^
a
recc
Dear Sir.. Vivtorln, Brilixh Columbia, Non-mlii-r l'>, 1886.
As our sealing schooners will leave Victoria on or about the I Otb December for the
sjHling ex|)editions of 1887, many of them will not return to Victoria until September,
or, in other words, not until the Bchring's Sea trip is completed. We are, accordingly,
anxious to know what is being done in the case of our seized vessels, and wlietber ornot
we may look for protection against what we and even the American press is pleased to
term piracy. We have no occasion to interfere with the Alaska Connnercial ('otnpany's
rights on the I'riholoff' islands, nor do our vessels come anywhere near land. The (act
is. we tpke out at sea from ,')0 to 100 miles what the Honourable H. Elliot, of the
Smithsonian Institute, in his Report of 1874 on the Seal Islands, calls " batchelor seals,"
or those not retpiired on breeding-grounds, to which Report 1 would he pleased to call
your attention.
The industry is of too nmcli importance to Camula to allow the Alaska iJomuiercial
Company to dictate who shall and who shall not take seals on the high or Hebring's Sea.
For the seitson of 1^*80 there was brought into Vietoiia from the Pacific Ocean and
Behring's Sea, and shipped therefrom to England and the United States, 50,000 skius.
valued at about JioO.OOO dollars. It is evident that the business is worth protecting.
.lust here allow me to contradict a statement made by Special Agent Single, of the
United States' Treasury Depart nient, in which he says that three-fourths of the seals shot
in the water sink and are lost. From the experience of our hunters I maintain but a
small percentage is lost in this way. (irobably not over one in fifty. I douht if the loss
My
Si/
of
87
|ii Islands.
Company
It lir.igiiti.)n
pome more
|ui)ervision,
Incrs upon,
J recognized
lu-rci! uf all
ternalional
use to all
Hearing
confconunce
e coast the
defence, is
e of waters
lf-arro<,'ated
re declared
iinded at an
,• ;iilowcd to
■-seal would
ise with the
uld furnish
skan waters
far has this
II act which,
terpretation.
uwn, bitterly
ate seizures
g schooners
ire tluMii, the
le conduct of
L'nce we have
I of the affiiir
Governiiient.
jminerce she
• 15, 1886.
niber for the
I September,
accordingly,
lether or not
is pleased to
d (Vnnpany's
id. The (act
3lliot, ol the
;licl(>r s;al8,"
eased to call
, i^omtiiercial
k'hrinfj's Sea.
• (ioean and
50,000 .skiuii.
tucting.
Single, of the
he seals shot
iiiiitain hut a
t if the loss
is as great a.= that caused by t'lC rejection of skins after being clubbed by the Alaska
Commercial Company on the isinnds, to which reference is made in the Tables of Klliot's
Report.
The Americans themselves in 1824 repudiated Russia's claim to the Behring's Sea
when Russia seized the Boston brig "Pearl" for whaling. Two years later Rusiia had to
give the vessel up, and paid damages.
In conclusion, I may say that the .seized skins are liable to be valueless on account of
neglect.
Captain Ogilvie's body has been discovered ; a jury was empanelled, and a verdict
was ijiven in accordance with the facts of the case.
Hoping you may be pleased to advise us in this matter before our vessels sail, you will
confer a great favour on your most obedient servant.
The Honourable George E. Foster,
Minister ot Marine and Fisheries.
(Signed)
VVM. MUNSIE.
No. 23.
The Earl of Iddesleigh to Sir L. West. — {Substance teleyraphed.)
Sir, Foreign Office, January 8, 1887.
REFERRING to previous correspondence in regard to the case of the three
Canadian schooners engaged in the seal fishery in Behring's Sea, I transmit to you here,
with a copy of a letter from the Colonial Office, with a des|)atch, and its inclosures, from
the Governor-General of Canada, explaining the views of the Dominion Government in
the matter."
Nearly four months .have now elapsed since my despatch of the 9th September last
was addressed to you, in which you were directed to invite the Government of the United
States to furnish you with any particulars they might possess relative to the occurrence ;
and further instructions were sent to you in my subsequent despatches of the 20th, 2l8t,
and 30th October and the 18th November, but up to the present date no reply has been
received from that Government as to the alleged proceedings of their officials.
I have now to instruct you to express to Mr. Bayard the concern of Her Majesty's
Governnient at receiving no rejily to the serious representations which they have Jelt
compelled to make on the information which has reached them respecting the proceedings
of the United Stales' cruizer "Corwin" in seizing British sealing schooners on the high
seas, and to urge, with all the force which the gravity of the case requires, the immediate
attention of the United States' Government to the action of the American authorities in
their treatment of these vessels, and of their masters and crews.
I am, &c.
(Signed) IDDESLEIGH.
No. 24.
Sir L. West to '.e Earl of Lhlesleigh. — {Received January 21.)
My Lord, Washington, January 10, 1887.
I HAVE the honour to acknowledge the recei|it of your Lordship's telegram
of tlie 8tli instant, and to inclo.se to your Lordship herewith copy of a note which
1 immediately addressed to the Secretary of State, referring to my notes of the
'27th September, 21st October, and 7th December last, and to your Lordship's despatch
of the 30th October, copy of which 1 j)laccd in his hands on the 12th November, and
expressing the sense in which Her Majesty's Government viewed his silence with regard
to the communications which had been made to him respecting the seizure of British
vessels in Behring's Sea.
I have, &c.
(Signed) L. S. SACKVILIJi; WEST.
Inclosurc in No. 2-1.
Sir L West to Mr. Bayard.
Sir, Waihinyton, January 9, 186T.
1 HAVE the honour to inform you that I have received instructions from tl e Earl
of Iddesleigh, Her Majesty's Principal Secretary of State for Foreign Aft'airB, again to
• No. aa.
ns
hrinu;- to your notice tlic srave representations iiiade by Her Majesty's (iovcrnment
n'spectini;" tlie sei/u'e of tlie i'ritisli vessels "Carolina," -'Onward," and "Tlioniton"
ill Beluinu's Sea, by the United States' eriiizer " Coi-win," to which no reply lias as yet
been rctiiiiied.
On the l.'7tli September last I had the honour to address to you a note in which
1 stilted iliat Her Majestv's (Jovcrmnenr retpjested lo lie l'ui'nisb('(l with any jjarliculars
which the United States' (ioveinmeiit nii^ilt possess relative to this ueeurreneo.
On the 21st Octnl.r'r hst 1 iiad the honour to intbnii you that 1 was instructed by
the Karl ot Iddesleiu'h to protest, in the name ot Her Majesty's Government, ii'j;ain9t such
seizures, and to reserve all riuhts to compensation.
In a note dated the l-th Novenibei" last you were i;ood enouich to explain the delay
which had occurred in answcrin;; these communications, and, on the same day, I had the
honour lo comiiuinieate to you a despatch from the Ivn-l of Iddesleiirh, a copy of which,
at your recpiesv, 1 placed in your hands.
On the 7(h ultimo 1 aifain had the honour to address you, statin!"; that vessels were
ecjuiiipiiiL;' in I5iitish Coiuiiibia tor tishiii'^ in Hehrinir's Sea, and that the Canadian
Govermiunt wen; desirous ot aseertainini; whether such vessels fi^hiiii^ in the open sea.
and beyond the territorial waters ot Alaska, would be exposed to seizure, and tint iler
Majesty's ijovernnient \M)nld be Lrlal it some assuiance could be given that, pendini;
the settle a^nt of the questions, no such seizures ot' Hritish vessels would be made in
Behrin|;'s ^Seu.
'I'iie vessels in (pieslion weie seized at a diitance of more than 60 miles from the
nearest land at the time ot their seizure. 'I'he master of the '"Thornton" was sentenced
to imprisonment for thirty nays, and to pay a tine ot 600 dollars, and there is reason to
believe that the musters ol the '" Onward '" and "Carolina" have been sentenced to similar
penalties.
In support of this claim to juiisdiction over a streieii ol' sea extenoini; in its widest
part some 000 or 70i) miles from the mainland, advanced by the Judge in his eharire to
the jury, the authorities are alleged to have interfered with the jjcaeeable and lawful
occupation of Canadian citizens (ni the high seas, to have faki:n possession ol their ships,
to have subjected their property to I'orfeiture, mid to have visited upon Iheir persons the
indi^niity ot' imprisonment. Such procecdinf^s therel'ore, if correctly reported, would
appear to h;ive lieen in violation ol' the admitted |>riiuiple ol' international law. I'nder
these circumstances, iler Majesty's Covernmenl do not hesit'ite to e.\|)ress their coneern
at not iiavini; received any reply to their reiircsentations, nor do they \\ish to conceal the
urave nature which the ease has thus assumed, and to which 1 am now instructed to call
your ininiediate and most serious attention.
It is unnecessary tor me to allude I'urthcr to the information with which FJer
Majesty'.s' (ioiernment has been furni-Iied respectin-c these seizures ol' IJriiish vessels in
the open seas, and which, for some time past, has been in the possession of the United
Stiitis' Cjovernnient, because Iler .Majesty's (Government do not doubt that if, on itupiiry,
it, should prove to be correct, the Government of the United Slates will, with tlnir well-
known sense (,l' justice, admii, the illci;ality ot' the |)roceediiii;s resorteil to apiinst the
|jriti-.h vessels and the liriti^h subjects above nientioned, liiid will cause reasonable
repmation lo he made lb;' the wronirs to which they have been subjected, and for the
loss(;~ wliieli they have sustained.
in conclusion, 1 have the honour again to rcl'er to your note of the 12th November
last, i"'>' t" ^'•Ucd you said verbally to me on rlie same day, and to express the liojie that
•he cause of the delay complained of in answering the representations of Her Majestv's
Government on this grave and imjiortant matter may be speedily removed.
1 have, &e.
(Signed) L. S. .SACKVil.l.F, WKST.
-■■*
s
I
Sir.
to uia
have
No. -'5.
.V/r L. ll'rst to ih'r Md'irsti/s i^irretar]! nf Stair, Fnnufjii Officp.-
-(Rercivrd January 20.)
My Lord, Washinijlon, Januanj l.'J, 1887.
Wll'il reference to my despatch ot' the 7lli instant, I have ihe honour to inclose
to your l>orilsliip heiewith copy of a note which 1 have re(;eived I'rom the Secrctarv
of Stale in answer to my (■ommunieation expressing; the concern of {\i;\- .Majesty's (jovern-
nient at receiving no reply to their represenlations respeelini; the seizure of Hritish vessels
iu'Dehring'b fcica.
1 have, &e.
(Signed) L. S. SACKViLLE WEST.
i^
.\h
)vorninent
loniton "
lis as yet
in wliicli
jiiriiculars
iMictcd l)y
;aiii?t such
the (lelav
I iiutl tlio
of wliicli,
essols were
Canadiiin
open sea,
tint Her
it, peniiiiii^
10 made in
PS from the
s ^entenc•ed
i.s reason to
il to similar
n its widest
s charire to
and lawl'ul
tlicir ships,
persons the
rted, woidd
aw. Under
iieir concern
conrx"cd tiie
iicted to call
whicii Her
sh vessels in
' the Liiitcd
, on in(|uiry,
Il their well-
airainst the
: reasonable
and tor the
h November
le ho[)(; that
ler Majesty's
: \vi:sT.
January 26.)
l.'J, 1887.
jr to inclose
he Secretary
ly's (jovern-
ritish vessels
E WEST.
5«
Inclosure in No. 2.'>. .
Mr. Buijiird to Sir L. Went.
Sir, JJcjHiniiirnt of Hint c, WiishiiKjIon, Jtnuwrji 12, 1887.
YOLli note of tiie '.llh instant was received by nie on the next day, and I regret
e.xcecdinulv that, a!tliont,'h ny oHorts have been diliiicntly made to procure troin Alaska
the autiienticatcd copies of i.lie judicial proceedings in "the cases ot the British vessels
"Carolina," "Onward," and "Ihornton," to whicii you reler, I should not have been able
to obi liii them in tiii;e to have made the urgent and renewed application of the Karl ot
Iddcslei^di superfluous.
The (jressinir nature of your note constrains me to iniorin you that on the 27th
September la>t, when 1 lectived my lir-.t iiitimaliou Iroin you that aiiy (juestion
was ])()'sii)lc as to the validity of tiic judicial )iroccedini(s reterred to, 1 lost no lime ia
rerjur-tmi; my colleague the Attorney-General, in whose Department the cases were, to
procure lor me such authentic information as would enable mc to make full response to
your application.
IVoin week to \Mek I have been awaiting the arrival of the papers, and to-day, at
tny reque-t, the Atiorney-Gcneral has telej;ruphed to Portland, in Oregon, the nearest
telegraph slation to Sitka, in Alaska, in order to CNpedile the lurnishitii; of the desired
papers.
You will understand tiuit my wish to meet the (juestions involved in the instructiotis
you liavi; received I'loiii your (ji;\ernment i.^ averred, and that the delay has becti enforced
l)y th' absence ol" renuisite iniormation as to the facts.
The distance of the vessels from any land, or the circumstances attendant upon their
seizure, aie unknown to nie, save by tiie statements in your last note, and it is essential
that such lacts should be devoid of all unccrtaintv.
()( whatever information may be in the jjossession of Her Majesty's Govcrnmenl I
have, of couise, no know ledj;e or means of knowledge, but this Department o( the Govern-
ment of the Lnitcd States is not yet been [ihiced in possession of that accurate
inl'ormaiion whieii would j . ly its decision in a ((ueslion whieii you are eertaiiily
warranted in eoiisiderini,' to he nl _ravc iinportaneo.
J shall diligently I'ndeavoui to procure the best evidence possible of the matters
in<iu;red ot', and will make due response th.ercupon when the opportumty of decision is
atiorded to me.
You require no assurance that no avoidance of our iutcri' '.ional obligations neetl be
apprehended.
I have, &c.
(Signed) T F. BAYARD.
Tlie Marquis of Salixburi/ to Sir L. H'enl,
Sir. I'oreiijn Oj/irr, .Innuary 27, 1887.
^\1T^I reference to your despatch of the l.itli iiwi.mi, 1 have to" request you
to make a jioiiiL of inquiring lidiii time to time whether the United States' Government
have received the expected inibrmiition with regard to the seizures of British vessels
engaged in seal-lisliing in Ikhriiig's Sea,
I am, kc.
(Signed) SALISBURY.
sir I,. U psi to llir Martjitis of SuUxhimj. — (Received by Irlegrap/i, lu-lirnuni 1.)
^'V ':',"■''.,. IVaahiiigton, Frlmiari/ -I, 1887.
HA\ ING reason to believe tlia< ihe President was about to take some action in llio
ease i;t the seizure of Hiitish V(.ssels in Behrinu's Sen, 1 addressed a .loie, copy ,>( which
IS inclosed, to the Seerefarv of State, after the receipt of vour Uordslup's telegram of
the •J/lli ultimo, iiupiirint; wlielher the United States' (ioverimu ul hml ive. ived tlie
iniormation and papers emmeeied lheiv,\itli ; and 1 now have tiie honour to inclose eoiiv
of a note wbieh 1 have received in rejily thereto, stating that the papers in (pieslioii were
expecteil within a fortnight, and informing me that in the meiinw liile. without eoiielusjoii at
40
this time of any questions involved, orders have been issued by the President lor the dis-
continuance of all pending proceedings, the discharge of the vessels referred to, and the
release of all persons under arrest in connection therewith, which information I telegraphed
to your Lordship this day.
Since the receipt of the Earl of Iddesieigh's telegram of the Cth December last
I have from time to time endeavoured to obtain a decision in the sense of the note
now addressed to me, which, as far as it goes, will, 1 trust, be considered by Her
Majesty's Government as a satisfactory result.
In accordance with the instruction contained in the above-mentioned telegram, I
have communicated this result to the Governor-General of Canada.
I have, &:c.
(Signed) L. S. SACKVILLE WEST.
Inclosure 1 in No. 27.
Sir L. West to Mr. Bayard.
Sir, Washington, February 2, 1886.
I HAVE the honour to inform you that, under date of the 27th ultimo, the Marquis
of Salisbury instructs me to inquire whether the information and papers relative to the
seizure of the British schooners " Carolina," " Onward," and "Thornton " have reached
the United States' Government.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Inclosure 2 in No. 27.
Mr. Bayard to Sir L. West.
Sir, Department of State, Washington, February 3, 1887.
I BEG to acknowledge your note of yesterday's date, received to-day. Upon its
receipt I made instant application to my colleague the Attorney-General in relation to the
recordof the judicial proceedings in the cases of the three British vessels arrested in August
last in Behring's Sea for violation of the United Strtes' Laws regulating the Alaskan
seal fisheries.
I am informed that the documents in question left Sitka on the 2(ith January, and
may be expected to arrive at Poii Townsend, in Washington Territory, about the 7th
instant, so that the papers, in the usual course of mail, should be receive(i by me within a
fortnight.
In this connection, I take occasion to inform you that, without conclusion at this time
of any questions which may be found to be involved in tiu^e cases of seizure, orders have
been issued, by the President's direction, for the discontinuance of all pending proceedings,
the discharge of the vessels referred to, and the release of all persons under arrest in con-
nection therewith.
I have, &c.
(Signed) T, F. BAYARD,
Slim
of the
ill Be
(iiK'nt
No, 28.
Colonial Office to Foreign OJfrce. — (Received Fehrunnj 9.)
Sir, Downing Street, February S, 18?'.
WITH reference tn previous correspondence respecting the seizure of Canadian
sealing schooners in Behring's Sea, I am directed by Secretary Sir H. Holland to transmit
to you, to be laid before the Marquis of Salisbiiry, a copy of a despatch, with its
inclosures, from the Governor-General of Canada on the subject.
Sir H. Holland will be glad to be informed of any action which Lord Salisbury may
think proper to take upon this despatch, in order that the Marquis of Ijansdownc may be
apprised accordingly.
I am, &c.
(Signed) JOHN HRAMSTON.
sum II
of till
ill till
iiiipi'i.'
ir the dis.
), and the
;legraphed
mber last
tlie note
by Her
jlegram, I
WEST.
41
Inclosure 1 in No. 28.
The Marquis of Lansdovme to Mr. Stanhope.
Sir, Government House, Ottawa, January 15, 1887.
WITH reference to previous correspondence respcetint; tlic seizure of Canadian
sealinfj schooners in Ik'hring's Sea, I have tlic honour to transmit to you, in order
that rcparaiioii may be sougiit from the United States' Government, a copy of an
apjiroved Rejjort of a Committee of the Privy Council of Canada, submittini^ pa])erR
eontainiiii; full statements of claims for damage .sustained and compensation demanded
l>v the owners, masters, and mates of the schooners "Onward," "Thornton," and
"Carolina."
I have, &c.
(Signed) LANSDOWNE.
2, 1886.
ic Murquia
tive to the
ve reached
WEST.
3, 1887.
. Upon its
alion to the
d in August
;he Alaskan
anuary, and
out the 7th
me within a
at this time
orders have
proceedings,
rrest in con-
AYARD.
Inclosure 2 in No. 28.
Report of a Committee of the Honourable the Privy Council for Canada, approved by his
Excellency the Governor-General in Council on the 3rd January, 1887.
ON a Report dated the 27tli December, 1S86, from the Minister of Marine and
Fisheries, submitting papers containiim full statements of claims for damage sustained
and coiniiensation demanded by the owners, masters, and mates of the sealiui; schooners
"Onward," "Thornton," and "Carolina," which vessels were seized by the United
States' Hevcnue cutter "Corwin" in Behring's Sea in August ISSfi, and concerning which
full re])resentations have been made to Her Majesty's Goverinnent in desjiatcbes bearing
date respectively the 23rd and 24th September and the 2i)th November, 1886, and
recommending that copies of the same be transmitted to the Right Honourable the
Principal Secretary of State for the Colonies, in order that reparation may be sought from
the I'nited States' Government for all damages and loss to IJritish subjects conse(ju"nt
u[)on the illegal action of the United States' otlicers in the cases referred to:
The Coimiiittee, concurring in the above, ail vise that your Excellency be moved to
transmit copies of the papers accordingly.
All which is respectfully submitlcd for your Excellency's approval.
(Signed) JOHN J. McGEE, Clerk,
Privy Council.
Documents annexed to preceding Report.
The Claim of Daniel Munroc, Master of the British Schooner " Onward."
I claim against the Government of the United States, or whom it tnay concern, the
sum of 8,000 dollars for loss of wages, lay-out, damages, and indeiimity for illegal seizure
of (be schooner "Onward" by the Coinmander of the United States' steamer "C'orwin "
in Ik'hring's Sea on the 1st August, Issf), or thereabouts, and for detention and subse-
(|uent wrongful imprisonment in gaol at Sitka.
(Daniel Munroe, bv his Attornev in fact),
(Signed) EDGAR CROW-BAKER.
Vidoriii, British Columbia, October 20, I88G.
I S, 1887.
f Canadian
to transmit
li. with its
lisbury may
wne may be
MSTON.
The Claim of Hans Gnitormsen, Master of the Brilish Schooner " Thornton."
I claim against the Government of the United States, or whom it may concern, the
sum of S,0()0 dollars for loss of wages, lay-out, damages, and indenmity for illegal seizure
of the schooner "Thornton" by the Connnander of the United States' steamer "Corwin"
in the Bcliring's Sea on the 1st August, 188(1, and for detention and subseciucnt wrongful
imprisoiunent in gaol at Sitlai.
(Hans Guttormsen, by his Attorney in fact),
(Signed) EDGAR CROW-BAKER.
I'ictoria, lirilish Columbia, October 20, 18813.
[128]
G
*.*
42
Damar/es claimed hy the owner of Schooner " Cniolinn " /n rrs/iect of her Seizure liij the
United Stutcs' Steam-ship " Corwin" while Jishiny in lkhrin(fs Sea.
British Columbia, to wit.
I, William Munsie, of Victorin, British Columbia, owner of tiic British schooner
"Carolina," do solemnly and sincerely declare: —
1. That the value of the said vessel at the time of her seizure by the United States'
steam-ship "Corwin" was 4,000 dollars, and the i.jst other outfit, when she left Victoria
for the Behring's Sea, was 3,000 dolhirs.
2. That she carried a crew of eleven men, and tiic estimated wages due to tlie master
and men for four months from tiie loth day of May, 188fj, to the time of the return of the
said men to Victoria is -1,500 dollars.
3. That at the time of her capture hy tiie "Corwin" she had 68G seal-skins, which
were worth, at 7 dollars each, 4,802 dollars.
4. That the probable catch for tlie season, estimated from the number of skins taken
by the scliooner "Mary Ellen," which was .'5,,')54 skins, and by the number of skins taken
when the said schooner was captured, would be 3,000 skins, the value of which would be
21,000 dollars.
5. That the loss sustained by me in consequence of the detention of the said schooner,
and my being unable to employ her in ordinary work alter the sealing season is over, is
450 dollars a-month, which sum I claim until the vessel is returned home in good order
and condition.
6. That I have also paid and incurred liabilities connected with the arrest of the
said vessel, and in defence of the master and crew, for legal and other cx])eiises, 1,000
dollars.
And I make this solemn declaration, conscientiously believing the same to be true, by
virtue of the Act pcsscd in the 37th year of Her Majesty's reign, intituled " An Act for
the Suppression of Voluntarv and Extra-judicial Oaths."
(L.S.) " (Signed) WILLIAM MUNSIE.
Taken and declared before me this 20th October, 1 88G.
(Signed) M. W. Tyuwiiitt Dkakk,
Notary Public, Victoria, British Columbia.
Damages claimed by the Owner of the " Onward" and "Favourite " in respect of their
Seizure by the United States' Steam-ship "Corwin" while fishimj in liehrimfs Sea.
British Columbia, to wit.
1. Charles Spring, of Victoria, British Columbia, owner of tiie British schooners
" Onward " and " Favourite," do solenmly and sincerely declare : —
L That the value of the said vessel "Onward" at the time of her seizure by the
United States' steam-shij) " Corwin " was 4,000 dollars, and the cost of tl.e outfit when
she left Victoria for the Behring's Sea was 1,000 dollars.
2. That she carried a crew of twenty men, and the estimated wages due to the master
and men for four months from the 12th day of June to the time of their return to Victoria
is 7,.')00 dollars.
3. That at the time of her capture hy the "Corwin" she had 400 seal-skins, which
were worth 2,800 dollars.
4. That the probable catch for the season estimated on the number of skins taken
by other schooners, and by the number of skins taken when the said schooner was
captured, would be 3,000 skins, the value of which, ; t 7 dollars a skin, would he 21,000
dollars.
.*>. That the loss sustained by me in conse(iuence of the detention of the said schooner,
and my being unable to employ her in ordinary work after the sealing season, is over
500 dollars a-month, which sum I claim until the vessel is leturncd to me in good order
and condition.
G. That 1 have also paid and incurred liabilities connected with the arrest of the said
vessel, and in defence of the master and crew lor legal and other expenses, 1,000 dollars,
and I also claim 3,000 dollars damages, because the oflicer in connnand of the United
States' steam-shi|) " Corwin " as she passed the " Favourite " or(k'red her to cease sealing,
which she did, an<l thereby loi-t her season.
And I make this aulcmn declaration, conscientiously belicvin ticsame to be true, by
Victor
I,
(or in\
the Is
Met 01
''■*■
43
:iire liy llin
schooner
tod States'
It Victoria
he master
:urn of the
ihis, which
kins taken
skins taken
wouKl he
1 sciiooner,
1 is over, is
good order
•rest of the
inscs, 1,000
l)e true, hy
An Act for
lUNSIH.
•)ecl of their
(fs Sea.
1 schooners
izurc hy tiie
outfit when
) the master
I to Victoria
ikins, whicli
skins taken
hooncr was
i\ i)c 21,000
:d sciiooner,
son, is over
good order
of the said
000 dollars,
the United
laae sealing,
be true, hy
virtue of an Act passed in the 37tli year of Her Majesty's reign, intituled "An Act for the
Sui)nression of Voluntary and iixtra-judicial Oaths."
(L.S.) (Signed) C. SPRING.
Taken and declared hefore ine tiiis 18th October, 188G.
(Signed) M. W. 'rriiwiirrT Dkake,
Notari/ Public, Victo'ia, British Columbia,
Dmidijcs cldimrd bij the Owner of the Steam-ve.'i.sel "Thornton" for illegal Seizure by the
United Stales' Steamship " Corwin" while fishing in Behring's Sea.
Britisii Columbia, N) wit.
I, James Doug as Warren, of Victoria, British Columbia, owner of the British steam-
vessel "Thornton," do solemnly and sincerely declare : —
1. That the v.due of tiie said vessel at the time of her seizure by the United States'
steam-ship " Corwin " was 6,000 dollars, and the cost o^ her outfit when she left Victoria
for the Behring's Sea was 4,000 dollars.
2. That slic carried a crew of fifteen men, and the estimated wages due to the master
and men for fcur months from the 2(Jth day of May to the 1st day of October, the date of
their return to Victoria, which I have to jiay, is 5,100 dollars.
3. That at the time of her captme l)y the " Corwin " she had 403 seal-skins, which,
at 7 dollars each, were worth 2,821 dollars.
4. That the probable catch for tiie season, estimated on the number of skins taken
by the schooner " Mary Ellen," and by the number of skins taken when the said vessel
was ca|)tuied, would he 3,000, of the value of 21,000 dollars.
5. That the loss sustained hy wc in eoiise(|Ucnce of the detention of the said vessel,
and by being unal)le to employ her in ordinary work after the sealing season is over, is
500 dollars a-month, wliieii sum I cl li;;. until tlie vessel is returned to me iu good order
and condition.
(i. 'I'lial I have also j>aid and incurred liabilities connected wilii the arrest of the
said vessel, and dei'cncc of the master and crew for legal and other expenses, 1,000
dollars.
And I make this solemn declaration, conscientiously believing the same to he true, by
virtue of the Act passed in the 37th year of Her Majesty's reign, intituled "An Act for
the Sujipression ol Voluntary and lixtra-judicial Oaths."
(L.S.) (Signed) J. D. WARREN.
Taken and declared at Victoria this 19th October, 188G, before me.
(Signed) M. W. Tviaviirrr Dii.vke,
iS'otary Public.
Victoria, British Columbia.
I, .lames l?lakc', mate of the schoener " Carolina," claim 5,000 dollars as damages
for my illegal arrest and imprisonment on board the '" Corwin " and in goal at Sitka from
the 1st August to the IGth September, 1880.
^Signed) JAMES BLAKE.
Witness :
(Signed) M, W. Tvuwuitt Du.vkk.
Victoria, British Columbia.
1, John Margoticb, mate of the schooner " Onward," claim "(,000 dollars as dai lages
lor my illegal arrest and im[)risonnKnt on board the United States' vessel " Corwin ' and
in gaol at Silka from the 23rd Auj^ust, 1880, to the 2!Hh September in the same year.
(John Margoticb, by his Attorney),
(Signed) C. Sl'RlN'(i.
\\ itncss :
(Signed) iM, W. TyiiWllllT Du.vuii.
[128]
G 2
44,
Victoria, British Columbia.
I, Harry Norniaii, iiiiitc of tlic steamer " Tliorr.ton," claim as compensation for my
illegal arrest and imprisonment on board flu' United Slates' steam-sliip " Corwin " and in
gaol at Sitka, the sum of 5,000 dollars, dated the 19th Oelobcr, 188(j.
(Uarry Norman, by his Attorney),
(Signed) J. D. WARREN.
October 19, 1886.
Witness :
(Signed) M. W. TrRwniTT Drake.
Victoria, British Columbia.
I, James Ogilvie, master of the schooner "Carolina," claim as compensation for my
arrest and imprisonment on board tlie United States' steam-ship " Corwin " and in gaol at
Sitka, the sum of 5,000 dollars, dated the I'Jth October, 1886.
(James Ogilvie, by his Attorney),
(Signed) A. J. BECKTIL.
October 19, 1886.
Witness :
(Signed) M.
W. Tyrwiiitt Drake.
Abstract of Damage.i.
Damages as per Dcclar.itiou.
Sehnoner
'■ Onward."
Steam-ship
" Thornton."
Schooner
" Carolina."
fiehooner
" Favourite."
Value of vessel and outfit
Waj^es of crew
Value of seal-skins on board . .
Value of probalile eateh
Loss sustained by di'tention, jmra. 5
Legal and otlier expenses .. ,,
Loss sustained by order to cense sealing , .
Dollars.
5,000
7,500
2,800
21,000
l",(100
1 )ollars.
1 0.000
5,100
2,821
21,000
1,000
Dollars.
7,000
4,500
4,802
21,000
1,000
Dollars.
.1,000
For illegal Arrest and Imprisonment.
Daniel Munroe, master of " Onward," for indemnity for illeg.al seizure, loss, &e.
John Jlurgotieli, male of " Onward," ,, ,, „
Harry Norman, mate of "Thornton," ,, „ ,,
James Ogilvie, master of " Carolina," ,, ,, ,,
James lilake, mate of " Carol, na," ,, „ „
Hans Outtormsen, uiastT of " Thornton," „ „ „
D.dlars.
8,000
5,000
5.000
5.000
5,000
8,000
No. 29.
" Foreign Office to Colonial Office.
Sir, Foreign Office, Fcbrunry 14, 1887.
I HAVE laid before the Mnnpiis of Salisbury your letter of the 8th instant, forwardiiiL;
a copy of a desi)atch, with its inelosures, from tiie Oovernor-tJcncral of Canada, relating to
the claims for damages sustained and compLnsation (ieinanded l)y the owners, miisters, and
mates of the British schooners "Onward," "Tiiornton," ami "Carolina," which were
seized by the United States' Revenue eriiizcr " Corwin " last August, while engaged in seal
fishing in Behring's Sea.
In re|)ly, I am directed by his Lordship to re(|ucst tli;it you will smr'^est to Sir
H. Holland that it might be desirable to defer laying these claims before the Government
of the United States mitil Her Majesty's Government have had an opportunity of
examining the statement as to the cireumstimces under which tiic seizures took jilace
wiiich is referred to in Sir L. West's telegram of the 4th instant, communicated to you on
the following day.
and ma
all conv
of lines
Tl
nearly
honour
respites
allowed
detaiiRM
ainoiiL;
As
right of
of the
unbcco
iiidustr
the wli
be take
considt
which
whetiu
iiient i
tliat u
tiic Se
any oi
ll
a;,'ains|
that tl
resfrij
prohil
in At
them
shootik
45
for my
" uiid in
IREN.
)n for my
n gaol at
JKTIL.
;i,()oo
I am to add that, should this suggestion incct with Sir II. Holland's concurrence,
instructions will be sent accordingly to Sir L. West.
I am &c.
(Signed) JULIAN I'.AUNCEFOTE.
4
No. 30.
Sir L. West to the Marquis of Salisbury. — {Received February 15.)
My Lord, Wasliimjlnn, Januanj 30, 1887.
I HAVE the honour to transmit herewith the Report of the (jovernor of Alaska for
the year 1886.
I have, &c.
(Signed)
L. S. SACKVILLE WEST.
Inclosure in No. 30.
E.tlrucl from the Report of the Governor of Alaska for the Fi.scnl Year 188G.
Protection of Fur Seal and Sea Otter.
THE capture of one American and tliree Rrilish \ essels while enjiagcd in taking
seals in the inland waters of Alaska by the Revenue cuttt,' "Corwin" liiis no doubt been
fully reported by her zealous and tneritorions C'oiumnMdcr, Captain C. A. Abi)ey, to the
proper Di'partnient, and but for tiie iiiet that the olIiee:s and crews were brought to Sitka,
and, together with the captured property, turned over to the United States' Marshal, the
subject might not he considered one within the province of this Report. The masters
and mates of the several vessels were tried at a sp( cial term of the District Court, and
all convicted and sentenced to brief terms (j*' iinprisrnnient, and tiiree of tlieni to payment
of fines ranging from 300 dollars to oOO dollars rr.cii.
The terms of iinprisoniuent of all save flic ir aster of the American vessel having very
nearly expired on the ^!)th Septendier, on tii'j urgent retpiest and rfuoinmendation of the
honourable Judge of the District Court bcfo.'o whom the convictions were had, I granted
respites in the several cases, save the exception noted, and the jjrisoners were released and
allowed to depart for their several homes. They were without means, aiul, had they been
detained until the expiration of their sentences, would have become objects of charity
among strangers until the sailing of the next monthly steamer.
As these seizures have most probably raised an international question involving the
right of the United States to exclusive jurisdiction over Ibe waters of the Rehring's Sea north
of the Aleutian Islands and east of tiic lU.'?rd meriilian west longitude, it may not be
unbecoming in me to suggest that unless that right i:i insisted upon and maintained, an
industry whieii I'ow yields a revenue eipial to a fair rate oC interest on the amount paid for
the whole of Alaska will not only be (lestro\e(l, but tlie means of livelibond will likewise
be taken away from a large nundier of pcojile whom the Government is bound by every
consideration of honour and public policy to protect. I can conceive ol' no other plan by
which the seal fisheries can be preserved than the one long ago adopted and now in vogue;
whether they ought not now to be yielding a very much larger revenue to the Govern-
ment is a (piestion to be discussed a year or two hence. It is reasonably certain, however,
that unless our Government asserts and maintains the jurisdiction ceded to it by Russia,
the Seal Islands will in a very few years be robbed of all present or prospective value to
any one.
It is just as essential to the preservation of this industry that the seals be jjrotectea
against indiscriminate slaughter while on their way to and from their breeding places as
that the nuuiber to be taken on the islaiuls should be limited, aiul every necessary
restriction imposed as to age, sex, and the mode of kuling. The use of fire-arms is
prohibited by law, even to llie natives, in the killing of seal and other fur-bearing animals
in Alaskan waters aiul on the islands ii'.crcof, and 't ' -ould be a manifest act of i.ijustice to
them to permit either foreign or American vessels to enter and engage in the indiscriminate
shooting of such animals in waters over which the United States claims and exercises
i
40
exclusive jurisdiction and control. Unless our rii^lit to such jurisdiction ho waive! or
iiliiuidoncd, seals once in liellrin^''s .Sea are ;is iiiucli the property of the United Htiites an
llie islands tlieniselves, and shouhl l)C no less zcah)usly u;uarded than are the Newfound-
land cod hanks hv the Dominion of Canada. Unless so tiuarded, (diartcred riglits will not
only he impaired, hut a source of large and perpetual revenue to the Uovernrneat utterly
destroyed.
liut there are other than selfish reasons why th'! United States should insist upon its
right to exclusive jurisdiction over tiie waters of I'ehrinii's Sea as far west as the houndary
line described in the Treaty of Ues.ion. The princijial occupation ol' tiie inlialiitants,
some 10,001) or I'J.OnO in nuiidier, of the islands therein and adjacent thereto, is sea-otter
huMiing, an occu'.ia'iou wliieh will he completely destroyed if its waters are thrown open
to all who choose to enter. It is manifestly the duty of the (iovcrninent to protect these
people in the enjovnient of riirhts which to them aie inherent ; an ahandonment of the
jurisdiction claimed hy ns would be practically asscntina; that the peoi>lc in (piestioii may
he driven (rom their homes and the em|iloyment by which they mid their lathers for
generations remote have obtained a livelihood.
Transportation Facilities needed.
In the forcgoini; connection I desire to call attention to the imperative necessity which
exists for sinne nu ans of lraiis|i()rtation for the oflieials of the Civil (Jovernment to and
from the diil'crent parts of the Territory, in the present condition of affairs the .Marshal
can oidy r.acli a very f i w points to serve the processes of the Court, and in each and
every case must underi;o lui enforced absence of at least a montii. The civil oliicials arc
cliarircd with the responsibility of enforcing the laws, and yet are not furnished with the
means absolutely necessary to enable them to do so. The authorities at \Vashini;ton do
not seetn to realize the fact that there are no wa',;i[;on or other roads in Alaska, and
that all travel mn-c ncce-sarily he hy water. Crimes arc reported from the various ])laces
of setlleniLnt, hut the executive olliccis have no available means of goinj,' from place to
place to make arrests and enforce the laws. .Smui,'i,'lini; is carried on, distilled spirits are
heiu!,' surreptitiously im])()rted into the Territory m spite ol the deci>ion of the District
Coiut, thousands of dollars' wrrtli of diJtialde merchandize is imported across the border
from British CoUunbia, and we arc powerless to prevent any of these things.
If a sprightly Revenue cutter could be stationed here with orders to cruize in the
iidand waters of South-eastern .Maska, and give aid to the Civil (Jovernment, hy carrying
its olHcers to points necessary to he visited by them on ofHcial husincsr;, bringing witnesses
and jurors, &c., I am reasonably certain the lawlessness now so prevalent could be broken
up, the (fovcrnnicnt's revenues secured, the laws enforced, and life and property rights
fully protected. Until something is done in tliis direction to enahle the otticials to perform
their duties, civil goveinment in Alaska will be little better than a ridiculous farce.
The following letter, addressed to me by the District Attorney, fully explains the
necessity of the c:ise, and how it may he provided for without detriment, but rather to the
advantage of the ixcvenue Marine Service : —
" (District of Alaska, District Attorney's Oflice.)
" Sir, " Sitha, September 20, 18P().
" As the official charged with the institution of the initiatory judicial proceedings
against parties becoming liable to answer for breach of the laws in this district, I desire to
ciill your attention to a most serious want in the facilities necessary to enahle the ollicers
of the Court to perforin their duty efl'ectively.
\\'c are, as matters now stand, entirely dependent on the line of monthly niail-steamers
from I'ort Townseiid, W'asliiiiglon, to Sitka, for any certain or regular nicaiis of getting to
or from other places in the district, being thus not only liiiiitid in communication to three
or four other Settlements, but also forced to an absence from Sitka of not less than one and
possibly two mouths in any event in which it becomes necessary to visit them. IJcsides
this, there are many SetlL inenis where im|ioitant business enterprises arc located needing
protection, which we are not able to visit al all.
"At one of these, Newcbuk, some .'iOO or 100 miUs up the coast to the west, a trader
was brutally murdered hy Indians last December. Valuable mineral discoveries have just
been made in that section which it is proposed very soon to develop, and there arc large
lishing cstablislinients near and trading posts from which appeals have been sent to such
oliicials as could he reached, to have the case impiircd into and the offenders punished.
the
it on I
from
he
sugsH
Kadi
ol th
exist
vital
ouu
pro
laeil
CUtti
mar:
esse
not
arm
■aivcl or
States (IS
ewfDiinil'
s will not
lit utterly
upop. its
hoiiiidiiry
iiiiliitaiits,
iie;\-iittcr
own opt'll
)tL'ct these
III of the
■~lii)ii may
ithcrs for
47
The furls in I his riisp ore undoiihtcd, ami action liy the authorities most essential to the
inteie'-ls and piiitcctiim of all rc>i<l<'iits. 'riicre is also a report of a murder at the Island
of Un^'a, hut not yet fully coulirnied. There is eertaiidy need of inquiry into certain
larcenies and oilier lawless aclB at Kadiak.
" I nrn utterly powerless to institute the necessary examinations Into these canes, in
order to briiitr the paiiies to justice, and my inaliility nnil that of the Court to punish them
must continue uiilil we have the means of rcacliini; those localities furnished us.
"Another case is \n point : 'I'liere arc now lyintrat Ounalaska three Kn^lish schooners,
seized for violation- of our laws i',i,'ainst killiii;; fur-hearinf; animals witliin the Territory.
'J'he caiiroi'S ol these and one otlur s(diooner, eonsistin<; ol over 2,000 seal-skins, forfeited
imdcr these laws, are stored at the same place. Under the necessary proeeedinns in our
{'(iint these vessels and their eaif^oes have hcen decreed forfeited, and the Marshal will be
rei|uired to sell theni. lie is absolutely without the means of gcttiiif^ to Ounalaska at all
unless he goes by way of San I'rancisco, and can only carry out the orders of the (Jourt at
the most serious iiieonveniencc. In fact, in the absence of the needed facilities for direct
intcrcomniunieation between the several sections and Settlements of this district, it is plain
that the interests of the Government must greatly sutf'cr, as they have already done,
together with those of the ])eople.
" It would be an easy ancl simple thing to supply this need, at no material increase of
PX])ense, in the protection of the Govcrmiient's interest in Alaska, but rather to their
positive advantace. A llevenue vessel stationed at Sitka, subject to the; re.isonable
nceissitics of the Civil (jovernment, could attend to all the wants occurring, without
detriment to the service, necessary for the jiroteetion of the seal fisheries and the rights of
the lessees of the Pribylotf Islands. Indeed, being here much nearer the waters in which
such service is re<|uired than she would he at any station lower down the coast, she could
pirform that duty more conveniently, and at the same time would be able to put a slop to
nuieh of the smuggling and illegal importation of licjuors into South-eastern Alaska which
is now going on.
" There is no d uibt that t''e service necessary in order to make the present civil and
judicial government of this Tcrritoiy something more than a mockery to a large portion of
its area and |)coj)le could he eileelually rendered in this way, and the other interests
which it is thought necessary to protect by the same means promoted. I trust you
will, therefore, represent this necessity to our Goveinment in your (brthcoming Report.
There are many ways in which it is seriously felt, but which it would be unprofitable to
specify.
"Very trulv yours,
(Signed) ' " M. I). Ball,
" United Slates' District Attorney.
"Hon. A. P. Swineford,
" Governor of Alaska."
The ])hin suggested by the District Atforney would not involve any extra expense to
the GovcrnuKnt over the present cost of the Hevenuc Marine Service in Alaskan waters;
it only implies that Sitka be made head-(|uarters for the cutter which is sent every year
from San I'laneiseo lor the jiroteetion of the sial lisheries and sea-otter grounds, and
be given the additional duty of co-operating with the civd authorities in the way
suggested.
Under such an arrangement special tirms of Court could be held at Ounalaska and
Kadiak dtiriiig the annual cruize of the culter, and the laws enforced over a large section
ol the Territory, to the neoiile of which the Civil Government is at present a thing which
exists in name oii!\. /» matter which can so easily be arranged, and yet is of such
vital importance to the proper and effective administration of the Civil Government,
ought, it seems to me, to merit the prompt consideration and favourable action of the
proper Departments.
General Remarks and SiKjijeslionn.
It must not he inferred from what I have said concerning the need of transportation
lacilities, which can only be supplied witiiout large extra expense by means of a Revenue
cutter stationed here at Sitka, that the iircsencc of a war-vessel large enough to rate a
marine guard can, or ought to be, dispensed with.
A naval vessel, such as the '• I'inta," or even one of the second or third rate, is very
essential as a means of holding in peaceable subjection the native Settlements which have
not yet yii liled to civilizing influences, and to assist in restiuing order in case of riot and
armed resistance to the law on the part of a lawless clement among the whites, such as
4
.1 48
that wliicli incited tlic recent expulsion of the Ciiineso from DourIus [sland. Tliere is no
nreessitv. however, in my opinion, for l<cepin^' u niiuinu ^'uaiil on shore iiere at Sillva,
wliiie there is an ever-pieseut and prospective need for the presence of such n force (it
Juneau, Had tlir war-sliin and iier marine ^'iiard iieen tiiere nt tlie time, I iiave every
reason to helieve tin- exjndsion of tlic Chinese would not have hcen jittempted, or, if it had
heen, the eommandiii;,' otlieer wnidd eirtainly have hren in a jiositii/n. aetim; in unison with
the civil authorities, to prevent tlu' moii Iriim consunimatini; its unlawful pur|)ose.
'I'iie siune lawless element lliat aeeoni]ilislu'(l the forcible removal of the Cliinese
miners and lahourers is likely at any time to demand the discliar;,'e of the n.itivcs who have
lipen em])loyed to till (he cnforenl vacancies, and in the ahseni'c of nn armed force would
he enahled'to enforce their demand before any relief could ho allorded from this point,
where the only naval or military force in the Territory is now station( "■ -and where, ) may
truthfully add, its presence is not only mmccessary, hut wholly useless. The native
|ieo|le heri' at Sitka arc (piiet and pr;iceable, and there is no l.iwle.ss white element which
cannot be held in complete subjcctiim to the law wilhout the aid or intervention of a nnli-
tary force.
'J'lie oidy place in thi' Territory wlure (heic is any prospect of lawlessness heyond the
control of the (ivil authorities is at .luneau, and I respectfully ur^'e that the ])ropriely of
translerrinf? the '• i'inta •' and her marine i:ui'rd to that point be at mice hrouirht to the
attention of the iionourahle Secretary of the Navy.
If for any reason it is not deemed advisable to order the transfer I have sugi'csted,
then I ventme the hnther suiriiestiou that the marine f^uard now stationed here on shore
nt Sitka be transferred, it' not to the sbi|) where they propeily beh ' r, then into other
(piaiters than those at jiri'sent occupied bv tlicm in the building lopukrh- i.nown as the
'• IJarraeks."
1 submit 111 I'ewitb prlans ^liou in;: how and by whom tlic' building is at, present occupied,
from which it will be seen that tlicie is a ju\t i])osition of the civil anil military altof,'etber
unseemly, if not wholly improjier. I he spectacle at the recent term of ('our', when a
number of Ihitish subjects were on trial, and every mornini; heard the beat of the drum,
callinj; guard-mount on the portico, simultaneously with the loud proclamation of the
crier anmnmcini; the opening ol Court in the same building, was not one calculated to
impress the strangers with an exalted opinion of our boasted Irce institutions. I'or
aii])earancc's sake, if lor no other ica>on, this marine guard sboidd be removed fron\ this
building in which the C(mrts are held, and the whole of which is needed liir the aeeonnno-
dation of the Civil Covcrmnent. Jiut the truth is, this marine guard has no duty to
perform here in Sitka, save that of guarding the lew supplies necessary to its own subsis-
tence.
Prior to the institution of civil government the naval commander of the station was,
to all intents and purposes, the executive officer of the Territory, and all vessels stationed
here were of a rate which entitled tbein to a marine guard. ( )ne-half of this guard was
sent ashore to ])erform police duty, the olticer in cominand exercising the functions of a
police magistrate.
^Vilh a view to the continuance of this system, the " Pinta " W!\s sent here and
furnished with a marine guard of twenty-tive men, under comiiiaMd of a Second Lieutenant,
all of whom were sent ashore, the Commiindant and privates perforiiiing the police duties
mentioned from the date of her ariival, on the 17th August, li^^^l, till the 1 Itli Seplendjer
following, when the newly-created Civil (iovermneiit was inaugurated. Since that time
the guard has had no local duties whatever to [jcrform, and has practically heen as useless
as would be the fifth wheel to a waggon.
In this view of the ease, I submit if room occui)ied by it, and which is urgently
required for the use of the Civil Govermnent, ought not to be vacated, and the guard itself
transferred to the only point in the 'J'erritory where an emergency reijuiring the services of
an arnied force is likely to arise. 'J'liere arc buildings at Juneau belonging to the Navy
Dc))artnient huge enough for the accommodation of a force twice its size, and I respect-
fully urge that the Senior Officer be ordered to make the ira.isfer without unnecessary
delay.
Sir,
"10
" Sir,
have
' niamii
their
or just
i 4
the Ri
beariii
they w
so to
propel
have
Com II
their \
Icgiti
49
'lirrp is no
at Sitka,
a lorci! at
liiivi! cvi.'ry
ir, if it liad
miioii with
ISC.
ho Chinese'
s wiu) havi;
t'di'ci' woiihl
tllis |)l)illt,
uic, I may
'I'hc iiativo
mciit which
II (if a iiiiii-
ICVdllll tiic
lirii|iriclv of
uglit to 'tin:
L' siigircsted,
;r(^ on slioru
1 into otiicr
IDWM as till.'
.'lit orciiiiicd,
fv aitiiiiotlui'
)i;!', wiiuii a
i)f llic (h'lini,
lation of tlic
[■ali'uiiiti.'d to
iitiniis. l'"«r
vn\ from this
he accnmmo-
i no (hity to
s own subsis-
2 btation was,
seis stationed
lis ;;uar(l was
unctions of a
cnt hcic and
id Licntcnant,
police duties
th Septcnihtr
lue that time
een as useless
h is urgently
le guard itself
he services of
J to the Navy
nd 1 rcspect-
,t unnecessary
Sir,
No. 31.
Coloiiiiil ()'!Uc lo Forrifjn ()Jfin\—{Recrlicil I'Hruiinj 28.)
J)oiniiiiij Slrrel, FcliiKiinj 20, 18i^7.
1 AM directed by Secretary Sir H. Holland to aekiio\vledi,'e tiie receiiit of your letter
of the Mtii instant, and lo state that le eoiieurs in tlie Mar(|iiis of Sidishury's projiosal to
defer, teinpoiarily, presenlini; to the United States the claim.', to compensation advanced
by the (joveniment of Ciiuida in rojiect of sailing-vessels recently seized in lk'hrini,''s
I am, &c.
(Signed) JOIIX r.lU.MSTOX.
No. 32.
Sir I.. H'rsl lo llie Miirtjuis of lisaliiLunj. — (Received Marrh 31.)
My Lord, WaMmjInn, Mtrch 18, 1887.
I Il.WK the honour to inclose to your Lordship herewith copies of a letter addressed
to the {'resident hy a firm in San l''raneisco, engaged in the seal tishery in I?elirin'.''s Sea,
complaiiiiiii; of the |irelensi(in of the Ala-ka Seal Company to exclusive jurisdiction over
waters :^,obo miles lon^' and 2,7(10 miles wide, and setting forth the grievances resulting
therefrom. Allusion is made to the case of the Ainciiran vessel " Ocean Spray," which
went to the L--land ol'St. I'aiii in lf57() and was ;eized lor killiiif; seals, and to the decision
of the .Indue of the Circuit Court of Oregon, to the effect that the vessel had not violated
the Act of Congress, 'llie Treasury Cireulai of 1m7"2 is also cited as proving ihat
American vessels had the right to enter Ik'hr'iig's Sea, from which the Company sought
to exclude them.
I have, &c.
I (Sigticd) L. S. SACKVILLH WEST.
Inclosure in No. 32.
Exlrucl from the " Xew Yorl< Herald" of March 17. 1S87.
(From our regular Correspondent.)
" Iltrnld " Ihtrfaii, Corner Fifteenth and (1 Streets, A'. n%
W(ishin(jtun, Marrh 10, 1S87.
TllK following letter, addressed to the President, has just been received: —
" 32, Clin/ Street, San /•'/(oif/.-ro, California,
"March '2, 18iS7.
"To his Hxc;ilency (liover Cleveland, President of liic United States:
"Sir,
"Some lespeetahle husine-s ir.c:i of the Pacitic coast, owners of American vessels,
.have recently been a>sailed thn)iiL,'h tlie eolmims of the public press in a semi-official
■ manner as ' nianiuders ' :;iid 'pirates' on the ocean, their projierty seized and forfeiteil,
"their business jeopardizv'd, and their sea ventures utterly destroyed, without any reasonable
or justifiable e.\eiisi or cause.
"The laetcnded cause is, :iii(l it is so asserted, that they have violaterl section 1,'J56 of
the Revised Statutes of the United States, which forbids the killing of fur-seals or fur-
bearing animals ' within ' the waters of Alaska Territory, ignoring the tiict whether or not
they were actually engaged in the killing of seals on the high seas or had made preparations
so to do (lut^ide of the waters of .Alaska Tenitory, On mere suspicion, they and their
property have i)cen remorselcs-ly seized in (he name of the I'nitcd States hy ollieials who
liave been engaged for the jiast many months in sounding the praises of the .Alaska
Commercial Company throughout the land, and adding lo their usurjiations by vilifying
: j their victims.
M " The time seems to have come when the great interests involved in the I'rcn and
imate shiijpiiig ventures of the merchant marine of the nation demand that official
; Icgitiii
[128]
I[
ao
inquiry be made into the arbitrary conduct of Government officials in Beiiriiii^'s Soa, in
connection with the usurpation of a Company at whose instance these arbitrary acts are
committed.
" Tills Company, one of the most stupendous ori?anizations that evtu- existed in this
country, and the peer of llie East India and Hudson J5ay Companies, was incorporated
many years ago under the laws of the State of California as tiie Alaslca Connnercial
Company.
" Gralihliig llir Ocntn.
"It has taken possession of and assumed sovc>rei,;;ii power over the mn^t viilualilc
fisheries of the whole United Slates, namely, tiie Alaska fisiieries in Behrin,i;'s Sea, and
without shadow of riij;ht or authority, except a le;ise from tlie IJniicd States, dated the
3rd August, |s70, permittin!^ it to kill l()0,()()0 seals ainiualiy upon two small islands in
Hehrinu;'s Sea, at a rent of 55,000 dollars ])er annum, &e., has taken possession and control,
not oniy of the Territory, hut also of a vast .sea o.ODO miles Ion;; hy L',700 miles widi-, has
made itself the Suzerain of the Government, and im|)res3ed into its service the olficers and
agents of the Government to maintain its possession and control of this immense territory
and sea.
"Alexander the Great was not a robber, altliouu'h he absorbed kingdoms, and the
Alaska Commercial Company is not a ' pirate,' altliouuh it has absorbed Alaska and an
ocean.
" It has established exclusive trailing posts at all tlic available stations in that
immense territory, on the coast, along the rivei's, and upon the islands ol Behriiig's Sea.
It exercises absolute dominion over the natives, and holds thetn in a state; of i)raetical
bondage. It has exterminated the seals on certain islands to prevent them from falling
into the hands of other traders. Its agents have, in violation of law, defaced the silver coin
of the United States with a stamp for purposes of trade, and refuse to accept any other
when tendered by the natives for the pureliase of the necessaries of life. It has extcii-'ed
its dominii)n into Russian territory to the restriction and detriment of trade upon the
whole of Hehring's Sea north of latitude j.'T, and bv an extension of jurisdiction, miknown
to modern law, has procured the seizure of vessels fishing in Russian waters, upon the
assmiiption of eneroaehment u|)on its privileges granted by ihe United States under the
lease to tisli on the Islands of St. Paul and St. George in Alaska.
" Criiiif.'i ti(/iiiitsl llic Nation.
" It has designedly violati/d the conditions of its lease by the failure to take oil from
the; carcasses of the seals killed, to the diunagc and loss to the Ciovermnent of hundreds ol
thousands of dollars, hy throwing away millions of carcasses of seals without extracting the
oil, the lease haviirg hecn obtained upon an ai;reemeiit to pay the {i.ivci'nmcnt '.'i.'j cents |)er
gallon for oil ohtaincd from said seals' killed by it on the leased i>lau(l-. Its agents use
the United States' Revenue cutters as a mcaiis of tran^p:a■tatiou, for private; benefit;
consult with and intliienee their oliicers, to the detriment of Auuriean vessels in the waters
of Behring's Sea: it aids and abets liie Indians of <)nn:da-ka to kill by shooting from the
shore, contrary to law, young seals and cows ; obtains the skins and sells the salted
carcasses hack to the Indians; it refuses to aid .\merieau vessels in distress, by refnsmg to
sell them |)rovisions; it has tor its paid agents otlieers or employes of the (jovernmeut
Vifliose duty to the Govermnent is overshadowed by the instructions ol' and for the benefit
of the (.'oinjiany ; it sills to the natives at high prices large (pianlities of condennied and
worthless tobacco in violation of the internal revenue laws ; it employs and p;.ys attorneys
to prosecute (Jovcrmnent eases where American eiti/.ens are fdselyaud unjustly ace i.-^ed of
crime, and, in order to maintain its supremacy over Alaska and the whole of Rehring's Sea,
it now seeks, by infamous prosecutions, to ]uevent .American eiti/.i'us from even traversing
and tisliing upon the high seas, under the ahsiu'd pretence that t he waters of the whole of
Hehrin,';'s Sea are adjacent to the Islands of St. I'aul and St. (Jeorge,aiul claims to be
nu''es'"(l and disturbed in their lease of said islands hy lishing-vessels luindrcds of miles
away .. 1 heyond the boundaries of the United States.
" Monstrous Clniins,
"This Company claims that the waters of liehring's Sea are within 'he limits of
' ' -R,i, and |)rocures the seizure, through subsei vient Governuunt ollice •; , of evei'y
vessel that dares to traverse those wnlcrs, or is found anywhere therein on a Sv'el-huntiiig
vovage, .. ,
51
" It is imirmtcrial to it whether vessels are found in the nctuni killing of seals or
where the seals have been killed ; the mere preF-ULf of the vessels in Belirini,''s Hea, seems
juffieicnt evidence to justifv tli^ir seizure in any part of those waters.
" In the case of the ' (Jecun Spray,' vvhicii went to the Island of St. Paul in 1870, the
very str^nithold of this Com; any, provided with all the appliances for killing seals and
was seized. Judge Deady, rf the United States' District Court of Oregon, a man of
uncpicstiouahle learninir and of high judicial and personal character, held (in 4 Saw., 10."))
that all lliese preparations, even if an intent could ho shown, were not a violation of the
Act of (onurres-:. This is tlu! only reported adjudicated case, and the strongest the
Company could havf.
" 'I'liis ves.-el delilierntely ])roeceded to, and landed its crew at, the Island of St. Paul,
vet the Court hiid that there was no od'enec ; iuid when we cunsidci- that our vessel has
!)een seized going to and returning from Russian waters, hundreds of milts distant li'on>
St. Paul and St. (Jeors:e Islands, and forfeited, and its master and crew im])iisone(l, v.c are
left to conjecture that tiie waters adjaeeut to the leased isl.nids might be stretched to
include the wholi! of the Pacific and Atlantic Oceans, and that the power and rule of this
Coni])anv extends I'rom these islands to the city of Washington.
" .As early as 1S72 the Company a|)pealed to the (iovcrnment to have a Revenue
cutter stationed at Onniniak Pass, in the Aleutian group, the only safe entrance to
Heiuinir's Sea. to prevent Au.erican vessels from jiassing into thai: sea ; but the Secretary
of the Treasury, the Hon. (ieoriie S. Uoulwell, refused, upon the legal ground that vessels
had a jight to go there ii they did not kill seals within a marine league of the shore.
" 'ri'.(> .Act of Congress e<jntemplatts this well-established doctrine when it restricts
the killing of seals to the 'waters of Alaska Teriilory ' (s(cliou liij'i. Revised Statutes),
and further (k^clares, in sections 1901 and I'JO?, that it is not a crime to kill seals
ii! Ik-hringV' Sea unless ' in the waters adjacent to the Islands of St. Paul and St. George.'
■.Uljacent' aieans 'lying near, close, or contiguous,' and the waters within the marine
league of till deeinions are the only ' adjacent waters ' there are. I5ut, accordins to this
Company ami the ollieers ol the (iovermnent, it means a stretih of ocean .'5,000 miles long
and 2,701' vide; and under Ibis tht'uyof 'adjacency' the term 'pirates' includes idl
tiNhing-vessels found in tiiai sea.
"'fhei'-- .lever has been a seizure witliin the waters adjacent to these islands, or of
Alaska Territory, e.veept tin' 'Ocean Spray,' and that vessel was relea.sed.
" IntcntatioiKil Uiijhtit iynor/'il.
" Helning's Sea is tin" international highway to the Arctic Ocean, and not the private
property of the .Alaska Commercial Company, nor of the (iovcrnment of the United
States, and the (Jovennnent could not concede to the Alaska Commercial Company any
greater territorial right tlian it possessed itself, and that territorial right and jurisdiction
ceases and ends at the ' marine leau'ue ' of international law Irom the siiore. 15 '-ond this
limit the ocean i^ the connnon nropertv of the whole world, and e\ erv animal and lish in
it \^ frrn: nalurir. and belongs to liim who takes it.
"This is the doctrine which i)as cotr.e down to us from antitpiity and has iicen
observed by all peo[ile, whether I'iviiizid oi' baubafous, e\ce[)t this Company and
Government olficials of the United States.-.. .
".A shipper or vessel-nwner of the Piicifie coast is in no condition to resist the power of
nn oppressor when his veh-.el is seized and bei.'heo upon aa inhospitable and lawless shore,
his cargo .'catiered (o the lour \.i'icK o!' he.-weii, and Ids ci'ck imprisoned in an inaecessihle
port. The oidy additional re , isiti; to make this svsteni all-|>oweiful seems to he the
aimexing of Siberia to the lease, and the f ransportint; of these so-called pirates to its penal
mines. The same IImmjiv ol' ' adjacenr\ ' would eeilainly a|>ply.
"Thnnigh this policy of (iovcrnment officer.-, permitting this Company to extend its
powers under the K'asc. the (iovcrnment will snrelv lose in the end perhaps the greatest
and most profitable industry in the world, naaiely, the seal fisheries of Alaska.
"The fishery cpiestion now agitating the New I'.'ngland States, and the interests
involved there, are a mere ha:;atelle to those <if the .Alaska fisheries.
"It is charged that our American fishermen are exterminating the seals in iJehring's
•Sea, and they have ' piratically,' during the season of 18^)(;, captured '200,000 seals in
excess of the number authorized to be taken by the Alaska Commercial Coin[)any at the
isiuncls. This is the statement in a letter to a San Francisco paper, dated tlie "iOth
l-'ebruary, 1887, of Lieutenant J. C. Cnntvsell, an officer employed in the United States'
Revenue Service, .'■lationed in Alaskan waters, lint this is contraciicted by the records of our
Courts, which show (hnt only .')77 fur-seal skins were seized on Americon vessels last
[1-28] H 2
62
season, and proof was offered, but not admitted, that these were caught in tiie Pacific
Ocean ; and M. Pliillipens, tlie Russian agent of the Alaska Commercial Company, in liis
Report of tiie catch of that Company for tiic season of 18S<!, states tiiat tiic Company
killed 202,000 fur-seals in the waters of Behring's Sea. So that, on the testimony of tlie
Company itself, these so-called ' piratical ' An)erican fishermen are not cngaped in the
work of extermination to any serious extent, but this Comjjany is cngai^cd in that work.
The same Lieutenant Cantwell, who is an ardent (but incoherent) writer, '\\ iie same
communication, states that not one-half the number of seals are killed that should be,
because they are increasing so rapidly ; and we feel just cause of eomplaiut that American
fishermen are arrested and their proijcrty confiscated for doing that which the Alaska
Commercial Company is permitted to do in violation of a lease which restricts its catch to
the Islands of St. Paul and St. George.
" Court Decisions disregarded.
" Under the decisions of our Courts, and the opinion of the Treasury Department, as
given in 1872, every citizen has a right to fish for fur-seals in the waters of IJehring's Sea
when distant a full marine league from the shore.
" But these decisions and former rulings of the Treasury Deiiartment are disregarded,
and no one except tiiis Company is pi'rmitied to kill seals anywhere ir. Hchring's Sea.
"At a time when Congress is making an efl'ort to protect the fisheries ot the Atlantic
coast, the officers of the Government on tiie Pacific coast, with simrular inconsistency, are
destroying and preying upon the commerce of its own citizens.
"It is to be ho|)ed Ihat this mistaken policy of the (iovernment officials will be
changed upon invcstigaiion of their conduct and tiiat of tiie lessees of the Government,
and that the great injury heretofore eonmiitti'd, and about to be repeated, upon our
fishing-vessels by tiicni, will i)e jirevcnted.
" We nnike this statement liecausc we have been despoiled of our property. One of
our vessels, the ' San Diego,' seized and taken to Sitka and condenuied, her cargo of
seal-skins, taken in the ojien sea, left in the care of the Alaska (-ommereial Company's
warehouse at an island in mid-ocean; the voyage of another schooner, the 'Sierra,'
broken up and destroyed ; bi cause our eftbrts to procure tiie signature ot' the ,/udge of
the District Court of Alaska to a summary statement of liie tacts of the caries, for trans-
mission to the Secretary of tlie Treasury, lor a remission of the forfeiture, have ijeen
disreganled and i;;noied at the instigation of the Cniiipaiiv, wiiose own attornev acted as
special counsel for the (ioveniineiit in ])r(ieuring said fnrlciiure; because our Petition and
rC()uests to the Secretary of the 'i'reasury, made months ago for relief', and to bring said
pro]ierty within reach ot a civilized community, to jirevent its utti:r destruction by rot and
decay, remain unnoticed ard unanswered ; because it is undeistood that large appro-
priations are about to be mane for (lie purpose of enabling I'eveiuie eruizcrs to continue
their policy of preying upi)ii American coaimerce in Reliring's Sea, and guarding those waters
as a closed sea. And it is resjieetfully sugsicsted that the sul)jeet-inatt( r be siibinilted to
the Law Officers of the (iovi'mment, that instructions may he isMicd and puiilished by the
Treasury Department to Heveiuie Marine oUieors; to guide them in the jiroper exicution ot'
ihe laws relating to Alaskan waters, so . tiiat ;ill p;'r;:i.ii's engaged in seal fishing mav
understand their rights in this hrai'.eli-ot our rloirustic comMierce.
" Impressed with the belief tliat we liave .exhausted our efforts fo obtain either a
hearing or redress is our a|)ol(),gy:l'or apppiUint^ to thp.Chie:' Exeoulive of ihe nation.
" With great respect, vours, S;?. • ■ • ; •
(Signed) '• 1.. N. Il.vNDv AMI Co."
Sir
No. ^3.
Colonial OJfice lo Furi'iijn Offirr. — {Hrn'iird Ajitil li.)
Sir, Doinuiiij Stirvt, .tiiiil'J, 1867.
WITH reference to previous eorrespoiulence, I am diieetrd iiy Secretary Sir II.
Holland to transmit to you, to be laid before the Marquis of Salisbury, copy ol a telegram
from the Governor-Gem^ral of Cana n inquiring whether owners of vessels now fitting out
for this year's tiip to ik'hring's Sea may depend ujioii being unmolested by United States'
cruizers when not near land.
I am to request that inquiry may he made of the United States' Government on tliis
1
Pacific
y, ill liis
'oinpany
53
point, and timt Sir II. Holland may bo informed of tlie answer which Lord Salisbury
desires should be returned to the Governor-General.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure in No. 33.
The Marquis of Lnnsdowne to Sir H. Holland.
(Tile-raphic.) March ^\, 1887.
(JW.NKRS of vessels now fittiiv^ out for this year's trip to Beliiini;'s Sei inquire
whctiier they may depend upon l)ein^ unmolested by United States' crui/.ers when not
iie:ir land. Please telegraph reply.
One of
No. 34.
The Maiquis i,f Salisbury to Sir L. West,
Sir, Foreign Office, April 2, 1 8S7.
I IIAVK to request that you will in(|iiirc of the United States' Government whether
the owners of vessels at present littioir out for this year's trip to Ik'hring's Sea may
(l(])end upon not being molested by L'nifed States' crui/.ers wiien not near the land.
Vou will be good enough to inform me on this subject by telegraph.
I have further to instruct you to ascertain from the United States' Government
whether they have received the documents connected with the seizure of British vessels
last autumn in IJehring's Sea, which were referred to in vour despatch of the 4th February
last.
I an), &c.
(Signed) SALISBURY.
No. S.'J.
Srr L. IVcsi to tlic Marquis of Salisbury. — {Received April 1 1.)
fVnshiiujton, .Vrt)c/i29, 1887
My Lord,
I IIA\'H the honour to report to your Lordshij) that the United States' steam-ship
"Thetis" has sailed from New YorU, and will proceed round Cajx; Horn and up the west
coast to Alaska. It is reported that the Secretary of the Treasury has received a letter
liom the Alaska Commercial Company, com])laining that ])rivatc parties are taking se.iis in
the waters about Alaska, and asking for more Revenue cutters to be sent for their
protection. The Company tiu'tlier ask that the United States' Government should
piohil)it ail killiiig of sials within tlie eastern half of Bcbring's Sea, or from a point
be:.'inningat Behiing's Straits, and passing from the north-west end of St. Lawrence Island
in ;i south-easterly direction to t!ie Island of Attou, at the extreme westerly point of the
Aleutian .Archipelago.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Co."
No. 36.
Sir L. West to the Marquis of Salisbury. — {Receired April 11.)
My L</i(I, Washiurjton, April 2, 18S7.
I IIAVL the honour to inform your Lordship that the Commander of the United
States' Rtvenue cutter •' (jallatiu " iias been cited to ai)[)t'ar before the .Admiraltv Court in
the Boston distiict to answer to the allc,'ation that in .lune last, while in command of the
United States' steamer " Corwin," he took by force from the American schooner " Sierra"
her arms and amnmnition, at a point in the ojien sea iiO miles north ot Ounalaska, while
she was navigating tiie waters of the North Pacific Ocean on a bunting and fishing
•xpedition, tiius breaking up her vovage, to the damauo of the plaintifrs of 2l',")(l() dollars.
I have instructed Her .\I ijcsfy's Consul at Boston to watcli this c:isc, aiul report the
liecismn of the Court.
I have, &c.
J (Signed) L. S. SACKVILLE WEST.
54
■; • • .■ ■: •. ' •, ', , No. 37.
Sir I.. West to tlip Marquis of Salisburi;. — (Reccii-cd by leleyrnpli. April 13.)
My Lord, WushinijUm, April 13, 1887.
WITH reference to your Lordship's (,cle;;rain of the 'JikI instant, I have tiic
lionour to inclose to your Lord.^hi]) licrewith copy ol a note which I addressed to th(;
Seeritary of State, as well as a eopy of the reply thereto, statinj,' that the records of the
judicial proceedings in the cases of the J?ritish vessels seized in Behrin^'s Sea were
received at the State Department on Saturday last, and are now under examination, and
that the remoteness of the scene of the fur-seal fisheries has delayed the Treasury officials
in frainini? appropriate Rei^ulations and issuinc: orders to the United States' police vessels
wliich information 1 had the honour to telegraph to your Lordship this <lay.
1 have, &.C.
(Signed) L. S. SACKVIIJ.E WEST.
Liclosure I in No. 37.
Sir L. ll'csl lo Mr. Bni/iird.
Sir, Wuskinijliin, April 4, 1887.
IN \ie\v of the approaching fishin:^ seaso.i in Mcliring's Sea, and the fitting out of
vessels for tishiui; operations in those waters, Her Majesty's Government have rei|uested
mc to inquire whetlier the owners of such vessels may rely on being unmolested by the
cnii/ers of the United States when not near land.
Her .Majesty's Govcrnujent are also desirous to know whether the documents
refeircd to in your note of the .^rd February last, connected with the seizure of certain
IJritisii \ess(;ls beyond the .^-miie limit, and legal jiroeeeduigs connected tiierewitb, have
been received, and I have the lionour, therefore, to recpiest you to be good enough to
enal)le me to re|.ly to these inejuiries on llie [jait ot' Her Majesty's Govermnent with as
little delay as possible.
I have, &c.
(Signed) L. S. S.\CKVILLE WEST.
Inclosurc 2 in No. 37.
Mr. Uai/ard to Sir L. IVe.fl.
Sir, Drparlmenl of State, ll'iishiiujton, April 12, 1887.
1 HANI", the honour to acknowledge your note of the -fth instant, relative to the
fisheries in Hehring's Sea, and in(pnring whether tlie documents referred to in my note
of the 3rd February, relating to the eases of seizure in those waters of vessels charged
witli violating the laws of the United Slates retfuhiting the killing of fur-seals, had been
received. 'I'lie records of the judicial ])roceedings in the cases in the District Court in
Alaska referred to were only received at this Department on Saturday last, and are now mider
examination.
'I"he remoteness of the scene of the fur-seal fisheries, and the sjieeial |)ceuliarities of
that industry, have imavoidably delayed the Treasury olficiuls in framing appro])iiate
Reg(dati.)ns, and issuing orders to United States' vessels to |)olice the Alaskan waters
for the |)n)teetion of the fur-seals from indiseriminate slaughter, and consequent speetly
exterminiition.
The hcAS of the L>nited States in this behalf are contained in the Revised Statutes
relating to Alaska in sections l!)i)lj.l'.)7l, and have been in three for n|)wards of seventeen
years, and prior to the seizures of last sunnner but a single infraction is known to have
occurred, and that was prom])tly punished.
The (juestion of instructions to (iovernnient vessels in regard to preventing the
indiscrinnnate killing (,f fur-seals is now being considcicd, and 1 will inl'onn you at the
earliest day possible wdiat has been decided, so that British and other vessels visiting
the waters in question can govern themselves accordingly.
UJ6 : v.; ^ ^ have, &c.
(Signed)
T. F. BAYARD.
05
Annex.
.)
1887.
liavc tlio
■tl to tlu;
(Is of the
M'li were
itioii, and
y officials
c vessels
A i;ST.
Chaptkr tit.
Proiisionf veltiiiiiij to the l/nnrynnizi'd Ti'rrilnn/ of Altifkd.
Scciicin.
1!).')1. (.'list ms, &c.. Laws ixti'iidccl ti) Aliiska.
111.;.'). Iiijpmtalion ul l-'irn-aiiiii and Distillcil Spii-its may bo [iio'.iibiti'd,
I'.l-ifi. Killinir iif I^'iir-licarin^' ATiiinal- |ir(>)iiliiti'(l.
\\)!il. VVliat Cdurts to have jiiri>(lictii)n oT oircnces.
I'jJiS. Uciiii^siou of I''im's, t\K.
1".).)'.'. Saint I'aid and Haint Gcc)ri;(' I-lands decliiicMl S]v'fial Uesi rvatluns.
I'tro, Killin:; <it' Seal nj)nn tlicni [i<i!ii)iitrd except in eertain iiiont''s.
liKll. Killii^i; of certain .Seal proliiliited.
IU(p2. J-iinit to mnnlier of Seals to lie killed.
I'Ji;:!. Ke^^lit to take Sial mav be leasevl.
\<m;\. liniid.
I'.IU."). Who may lease.
IIJGO. t 'ovenants in Lease.
1007. Penalty.
r.ifiN. I'tnaliy njioii Leases.
I'.MJO. Tjix npon Seal-skins.
I!l70. Lease may be ter'ninaled.
I!t71. Lessees to furnish Topics to Masters of their Vessels.
197J. Certain Sections may ife altered.
l'.i7.T. .Ajjcnls and .\s.istants to imma^'c Seal I'islieries.
1974. Their pay, Sic.
r.l7'). Not to be intere'.ted in ri^ht to take Seals.
1U76. Ai;i lits mav administer certain Oatbs and take Tcstiinonv.
'■/f- .Sec. 1954. The laws of the United States relating to customs, coniincrcc,
and navigation are extended to and over all tlic n)ain-lund, islands, and waters
of tile territory ceded to the United .States by the Kinix'ior ol' Russia hy 'I'reaty
concluded at Wasliiiititon on the 3()lh day of -Marcii, .v.n. 18tu, so far ns the
same may be a|)]ilicablo tlierrto.
Sec. 1'.).):'). I'lie President slialj hiivc ])o\ver to restrict and reL;uliite or to
l)rohibit tiie impoitation iind use of lire-arms, amminiition, . ml distilled sjiirits
into and within liic Territory of Alaska. The e,\i)ortation of the same from tmy
otiier port or [dace in the United States, when destined to any jiort or place in
that Territory, and all such arms, ammunition, and distilled spirits, exported or
attempted to be exported from any port or (dace in the United States and
destined for such Ti'rrilory, in violation of iiiiv reuidations that may be pre-
scribed iHider this section, iuid all such arms, iunmunition, and distilled spirits
hmdeil or attein|)ted to be liiiided tjr iiiicii at any port or |)laee in the 'I'erritory,
in violation ot such re^idations, shall be liirltiteti ; and if the ^■alue of the same
exceeds 10(1 dollars tht; vessel upon which the same is fomid, or from which they
have been landed, together with her tackle, apparel, tmd furniture ami cargo,
shall be forleited ; and any jjcrson wilfidly violating such regulations shall be
fined not more than 500 dollnrs, or im|)rist)ned not nuire than six months. Bonds
may be reipiired foe a faithful obseivanee of such regidations Irom the tiiaster or
owners of any \e>sel (le|)ailing from any jiort in the I'Mited Sli'.tis having on
boiinl fire-arms, timmiinition, or dislilled spirits, when such vessel is destiiunl to
any piaee in the Territory, or if not so destined, when there is veasoiiable ground
of suspicion that such ailicles are intended to bo landed therein in violation
ol law; !ind siniiltir bonds may also be re(|uire(l on the landing of any
such articles in the Territory lioni the peisoii to whom the same may be
consigned.
See. ll)')ti. Xo person si'.ail kill any otter, nnnk, marten, sable, or fur-seal,
or other fur-hearing aniu.al within thelimits of Alaska 'IViritory, or in the waters
thereiif; and i very person iziiilty thiriof shall, for each oU'encc, be lined not less
than 1^00 nor more thiui 1,I)(I0 dollais, or impiisoncd not more than six months,
or both ; and idl vessels, their tackle, apparel, lurnitm-e, and cargo, found
engaged in violation of this section sh ill be forli'iteil ; but the Secretary of the
'J'reasiiry shall have juwer to authorize the killing of iiiiy such mink, marten,
siibie, or otiur lur-lnaiinn iiuimal, except, liir-seals, muler such regulations as he
may prescribe; and it shall be the duty ol the Seeietary to prevent the i.i'l'ng of
any Inr-scul, and to provitle for the execution of the provisions of this section
cAtendeil to Alaska.
27 Jul}-. 1808,0. 27S,
.^ I. V. 1,-1, i>. 240.
Intpoita'ion and \m
of tire arms -ind
diHtilltMl spirits may
W- iirohiliitcd.
■11 .Fiilv, ISliS, e. 273,
-. A, \'\:,, p. 211.
Killiii:; ut fiir-bcarinjr
nuilnuli* pr^liihltcd,
27 Jiilv, ISOS, c. 273,
«, 0. V. I.l, p. 21(3.
m
What Courts have
juriBcliclinn of
offencfB.
27 July, 186S, c 27.1,
8. 7, V. 16, p. '.Ml,
1 Julv, 1870,1-. l!<n,
8. 7, V. 16, p. l.sj.
Hcmisijioa of tines,
&c.
27 Julv, 1868, c. 273,
«. 8, T.'lS. p. 24'.
Saint Paul and Saint
<ieorc;e lalandn
Jectared aiiei-ial
reservations.
3 Mar., 18(10, lies.
No. 22, V. lo. p. 318.
KilltDg of •'C.ll upon
them prohibited
eiccpt io certain
months.
1 July, 1870,0. ISO.
a. 1, T. 10, p. 180.
Killinir uf certain ec.il
proliihited.
1 Julv, 1870, c. ISO,
a. 2, V. 16, p. 180.
Limit )o nunihrr -if
.seals to he kllle<i.
1 July, 1870. r. 18»,
s. 3, V. 80, p. ISO.
until it is otlierwiso provided by law ; nor shall he grant any special privileges
under this seetion.
Sec. 1957. Until otherwise provided by law, all violations of this chapter,
and i)f the several laws hereby extended to the Territory of Alaska and the
wafers thereof, committed witliin limits of the same, shall he prosecuted in .iiy
District Court of the Unite;! States in California or Oregon, or in the District
Courts of Washinnton ; and the Collector and Deputy Collectors appointed
for Alaska 'L'crritory, and any person authorized in writini; Iiy either of them,
or by the Secretary of the 'rreasiiry, shall have power to arrest persons and
seize vessels and merchandize liable to tines, penalties, or forfeitures under
this and the other laws extended over the Territory, and to keep and deliver
the same to the Marshal of some one of such Courts; and such Courts
shall have orii;iiial jurisdiction, and may take cognizance of all cases arisine;
uiuIlt this Act and the several laws hereby extended over the Territory,
and shall proceed thcrtin in the same manner and with the like effect as if
such cases had arisen within the District or Territory where the proceedings are
brouL'ht.
Sec. Ifir)8. In all cases ol fine, ]icnalty, or f'orieiture embraced in the Act
apjirovctl the 3rd March, 1797, ch. K?, or mcniioned in any Act in addition to
or amendatory of such Act, that have occurred or may occur in the colicetion
district of Alaska, the Secretary of the Treasury is authorized, if in his opinion
the tine, jienalty, or forl'eiture was incurred without wilful negligence or
intintioii of fraud, to ascertain the facts in such manner and under such regu-
lalidiis as he may ileem proper without regard to the provisions of the Act above
relened lo, and upon the tacts so to be ascertai.icd, he may exercise all the
l>ouei' of remission conferred upon him by that Act, as fully as he might have done
iiad such laets been ascertained under and according to the provisions of tliat Act.
Sec. 1959. 'J he Islands of Saint I'aul and Saint (jeorgc, in Alaska, are declared
a special reservation lor (jovermnent purposes; and until otherwise provided by
law it shall be imlawful for any person to land or remain on either of those
islands, except by the authority of the Secretary of the Treasury ; and any
jieison found on either of those islands contrary to the provisions hereof shall be
summarily removed ; and it shall he the duty of the Secretary of War to carry
this section into cfl'cct.
Sec. 19(!0. It shall be unlawful to kill any fur-seal upon the Islands of
Saint I'aul and Saint George, or in the waters adjacent thereto, except during
the months of .lune, July, September, and October in each year; and it shall
be unlawful to kill such seals at any lime by the use of tire-arms, or by other
means tending to drive the seals away from those islands; but the natives of
the islands shall have the |)rivilege of killing such young seals as may be
iiecissary for their own food and clothing diiring other months, and also such
old seals as may be required for their own clothing, and for the inanul'acture of
boats fijr their own use; and the killing in such cases shall be limitrid and con-
trolled by such regulations as maybe prescribed by the Seca-tary of the Treasury.
Sec. 19fil. It shall be unlawful lo kill any female seal, or any seal less than
one year old, at any season of the year, except as above provided ; and it shall
also he unlawful to kill any seal in ihe waters adjacent to the Islands of Saint
I'aul and Saint (jeorge, or on the beaches, cliffs, or rocks where they haul up
from the sea to remain ; and every person who violates the ))rovisions of this
or the [ireceding section shall be punished for each offence by a line of not
not less than '100 dollars, nor more than 1,000 dollars, or by imprisonment
not more than six months, or by both such tine and imprisonment; and all
vessels, their tackle, apparel, antl furniture, whose crews are found engaged in
the violation of either this or the preceding scc'.ion, shall be forfeited to the
United States.
Sec, l!)lV_*. I'or the perioil of twenty years from the 1st July, 1870, the
number of fur-seals which may be killed for their skins U[)on the Island of
Saint Paid is limited to 75,000 per annum; and the number of fur-seals which
may he kilknl for their skips upon the Island of Saint (icorge is limited to
'J5,000 per annum ; hut the Secretiiry of the Treasury may limit the right of
killing, if it heconu^s necessary for the preservation of such seals, with such
I)roportionate reduction of the rent.' reserved to the Government as may be
proper; and every ])erson who knowingly violates either of the provisions of this
section shall be punished as provided in the preceding section.
57
Sec. l!)63. When tlu; least- luirctofore made by the Secretary of the
Ticnsmy to "The Alaska Coiiiiiioix'ial ('oinpaiiy," of the right to engage in
tiiliins; hir-scais on tlic Fslaiuls of !>aint I'aiil and Saint Goorgc, pursuant to
till' Act of the 1st July, chapter 180, or when any future similar lcas(! expires,
or is ^uircndercd, forfeited, or terminated, the Secretary shall lease to jiropcr and
responsible parties, for the best advantage of the IJnited States, having due
regard to the interests of the (Jovcrnnient, the native inhabitants, their comfort,
maintenance, and education, as well as to the interests of the parties lieretofore
engaged in trade and the ])roteclion of tlie fisheries, the rif^ht of takii'jj fur-seals
on the islands herein named, and of sending a vessel or vessels to the islands
for the skins of such seals, for the term of twenty years, at an annual rental of
not less than 5(),()()0 dollars, to be reserved in such lease and secured by a
deposit of United States' bonds to that aoiouiit ; and every such lease shall be
duly executed in duplicate, and shall not be transferable.
Sec. 19U4. 'J'lie Secretary of the 'J'reasiiry shall take from the lessees of such
islands in all cases a bond, with securities, in a sum not less than 500,000 dollars,
conditioned fur the faithful observance of all the laws and requirements of
Congress, and tlic Regulations of the Secretary ol th(^ Treasury, touching the
takini: of i'ur-seals and the dis[)osingof the same, and lor the payment of all taxes
and dues accruing to the United States connceted therewith.
Sec. lOGT). No persons other than American citizens shall be permitted, by
lease or otherwise, to occupy the Islands of Saint I'aul and Saint George, or
either of them, for the purpose nf taking the skins of lur-scals therefrom, nor
shall any foreign vessels be engaged in taking such skins; and the Secretary of
the Trea:iury shall vacate and declari' any lease forl'eited if the same be held or
operated for the use, bcnetit, or advantage, directly or indirectly, of any persons
other than American citizens.
Sec. Willi}. Every lease shall contain a covenant on the part of the lessee
that he will not keep, sell, furnish, give, or dispose oi' any distilled spirits or
spirituous litpiors on either of (hose islands to any of the natives thereof, such
person not being a physician and furnishing the same for use as medicine; and
every Revenue officer, oflicially acting as such, on either ui' the islands, shall
seize and destroy any distilled or spirituous li((uors found thereon; but such
officer shall make detailed Reports of h's doings in that matter to the Collector
of the |)ort.
Sec. 1967. Every person who kills any fur-seal on cither of those islands,
or ill the Waters adjacent thereto, without autlu^rity of the lessees thereof, and
rveiy person who molests, distuib«, or interferes with the lessees, or either of
them, or their agents or employes, in the lawful prosecution of their business,
under the provisions of this chapter, shall for each tilTence be punished as
l)rescribed in section lUfil ; and al! vcssi'ls, their tackle, ajiparel, api)urtenances,
and cargo, who crews arc found engaged in any violation of the provisions of
sections 1965 to 1968, inclusive, shall be forfeited to the United States.
Sec. 19G3. If any jjcrson or romjjany, under any lease herein authorized,
knowingly kill?, or permits to be killed, any nundier of seals exceeding the
n\iinher for each island in this chapter prescribed, such person or Company
shall, in addition to the penalties and forfeitures herein provided, forfeit the
whole nundjcr of the skins of seals killed in that year, or, in case the same have
been disposed of, then such person or Company shall forfeit the value of the
same.
Sec. 1969. in addition fo the aimual rci'.tal recpiircd to be reserved in every
lease, as provided in section 196.'!, a reveime tax or duty of 2 dollars is laid upon
each fur-seal skin taken and shipped f'rom the Islands of Saint Paul and Saint
(jeorge, during the continuance of any lease, to be paid into the Treasury of the
United States; and tiie Secretary of the Treasury is empowered to make all
niedful regulations for the eolk'ction and payment of the same, and to secure the
cmnfbrt, maintenance, cduealion, and protection of the natives of those islands,
and also to carry into lull effect all the jirovisions of this chapter except as other-
wise prescribed.
Sec. 1970. '{"be Secretary of the Treasury may terminate any lease given
to any person, C'omi)auy, or Corporation on full and satisfactory proof of the
violation of any of the provisions of thi : chapter or the regulations established
by him.
[128J I
Right to take seal
may be Icaaed.
1 July, 1870, c. 189,
aa. 4, 6, and 6, t. IS,
p|i. 180, 181.
Bond.
1 Julv, 1870, c. 189,
H. 4, V, 18, 1). 180.
W ho may leais.
1 July, 1B7II, c. 189,
8. 5, T. It, p. 181.
Covenanta ia lease.
IJtily, 1870, e. 189,
a. 0, T. 16, p. 181.
Penalty.
1 July, 1870, c. 189.
H. B, V. 10, p. 181.
Penalty upon leaaeea.
1 July, 1870, c. 189,
». .-i, T. 10, p. 181,
Tax upon eo.il-skina.
1 July, 1870,0.189,
a. 0, V. 10, p. 181.
Loaao may be lerml-
Utttcd.
1 July, 1870, c. 189,
s. I), T. 1(1, p. IWi.
08
l.oSf'P''^ to fiirnisli
i-opioH to iiiimtvrii of
tlioir v^.■'i.^^'lh,
1 Julv, IS'O, ,-. li.li,
H. 4, V. 1(1, p. |!<U.
i-'ertaiii r<cctiuii.^ may
be uUcreil.
1 July, isrtl, 1-. 181'.
». 8, V. 10, J.. 182.
A.[,'oni3 iiud assi^-taiilB
to uiaiiagc seal
tisbcries.
f Marcb, 1 872, o. :i I .
B. 1, V. 17, p. y5.
Their pay, \c.
i, Marcb, li""-.', .-.31,
9. 1, V. 17, p. 'Ml.
Not to be iniertsted
in right to take ^^ealu.
8 Mareh, li-7;;. i-. 31,
s. J, V. 17, p. :i.'i.
Agcutd luay atliikitiih-
ter eei'taiii u:ilii!> :ui(l
talio testimoiiv.
CM.iroIi. I;-T-J, c
s. 3, V. i", p. 35.
m,
Sec. l'J71. Till' lessees sliall (nniisii U, tlic si'vi'ial masters of vessels
employed by tiiciii cei'lified coiiies olllie leiisc held hy tlu-in I'esptetively, wiiicli
sliall lie iii'usenleil to tlie (ioveninieia lievemie oliieei- lor llie tiiiii! iieiiif; wlio may
lie ill charge at the islands as tliu authority ol'lhe party (or liiiidiiig niid taking
siiins.
See. 1!)72. (AJiigrei-s iiwiy at any time lu'reafter alter, amend, or repeal
sections from 19U0 to 11)71, hoth inclusive, of this ciiapter.
Sec. 11)73. Tiie Secretary of tiie Treasury is authorized to a|i|H>iiit one
Agent and three Assistant Agents, who sliall he eliai;;cd with the niaiiagement
of the seal lisheries in Alaska, iiiid the ])ei'formaiice of such fitlier duties as may
be assigned to them by the Secretary of the Treasury.
Sec. 1974. The Agent shall receive the sum ol 10 dollars each day, one
Assistant Agent the sum of H dollars each day, and two .\ssistant Agents the
sum of (! dollars each day while so employed; and they shall also be allowed
their necessary travelling expenses in going to and retuining from Alaska, for
which expenses vouchers shall be presented to the proper accounting officers of
the Treasury, and such cx]ieiises shidl not exceed in the iiggregate GOO dollars
each in any one year.
See. lliT;"). Such Agents shall never be interested, directly or indirectly, in
any lease of the right to take .seals, nor in any [iroeeeds or profits thereof, either
as (iwiier, agent, [lartner, or otherwise.
Sec. 1076. Such Agents are cni|)()wered to administer oaths in all cases
relating to the serviett of the I'liitcd Stales, and to take testimony in Alaska for
the use of the Ooverniiieiit in ;.iiy matter eoneerniiig the public rt'Veiuies.
No. ;18.
sir L. West to llio Mnniiils of Sdli.yhiiri/. — (Received May 17.)
My Lord. WaMmjlou, Mini 0, IS^-'J.
WITH refeienei; to my despatch of the L'ml .Vjiril last, J have the honour to
inform your Ltirdship lliat the case of the ouners of tlie American ships seixed for
sealing in Beliring Sea against the Cajnain of the United States' cruizer '■ (jorwiir' has
been postponed until the CJovernment is prepared for the ilefences.
J have, &c.
(Signed) L. S. SACKVILLE WEST.
No. ;];).
Sir L. West to the Marquis of Salisbury. — (Received June 10.)
My Lord, Washimjlon, May 30, 1S87.
1 1IA\'I'] the lioiuiur to inclose to your Lord.slii]) herewith a .statement which has
appeared in the New York "Times," showing that tlie United States' (iovcrnment
persistently eoiiiiiafed the pretension of Russia to absolute dominion over the
Kamsclialkan and Hehring- Seas previous to the eessitni of Alaska.
I have, &c.
(Signed) L. S. SACK VILLI'] WLST.
Inclosure in No. 39.
Ejlrnrl from tlie AVw Yorl( " Times " of May 2!), 1887.
Not a ]iANur/K'Ki;i) Ska. — ItKi.icA.sr; oi' rjii', BuiTisn Skalkks .n'STrFri:i). —
The so-ealled controversy with res]iect to the Alaskan seal lisheries and Anieriean
lights to exclusi\e jurisdiction over the waters of Mehring Sea has reecntly been made
ilie subject of more misrepresentation to the stpiare inch than almost any other pending
89
iidirectlv, in
,]•: WliST.
loliic of jmlilii' (lisciissidii. It luis lieoii rt'|)i'.'stMih'(l tliiit :iti t,'liil)oriitc ('onleroiico on tliis
(|iU'stioii is now in ])i'oj;ross licl.^vcen tlic Slide i)e|iarliiu'nt ami (iir I'liitivii Miiii-^lcr in
\\'ii>)iiML;ton. .Mr. Freilcrick W. Scwanl a|(|)eiii'.-i to htiw inil»ilMMl this iinijrcSHion, an<l has
,siii;i;t'stc(i several ])i'()t'()Un(l eoiuiudni'.iis (ohe proposed hySeerelarv I'ltiyaril to the Hritisli
Minifer in I'le progress of the controversy. There is no Conference in pro;;rcs'! on tliia
matter. When tlie President, for reasons sntisfaclory to himself, orderci! I he release of
the r>rifisii sealing; vc-ssels captured hy an Aniericiin Kevcntie enltcr more tlian miles
fr'im shore in Relirinj;: Sea tli;il action had (he elfcct of a jiardon, anil cjnued all discussion
as to the len'alily of the eai)(ures. |'>iil there are some historical facts in connection
with the fpieslion which will ]}roliahly siir;i>;esi an exceedingly stronjj inference.
Mr. Henry \V. Elliott, ot tlie Smithsonian Institution, who is stated to have passed
several seasons in the islands of the Behrins Sea, and to he one of the hest-inforniod men
in the United States on the siihject of jurisdiction over the waters of tliat •'landlocked
sea," as he calls it, has recently contributed to the ])revailinf; wron;;- imine-sions two
important stal(^nients, which are in dire(^t conllict with ollicial records easily acci'ssihle.
This whole ipiestion has so ini])ortant a hearin;; n)ion onr present controversy with tiroat
Britain on the suhjecl of the Canadian fisheries and the ri;;ht claimed 1)\ our Canadian
neighhonrs to ham-per the deep-sea fisheries of the United States that, it is worthy of close
examination. Mr. Elliott takes substantially this ])osition : —
1. That when the lOmjieror of Uii-sia, by tlu' Ukase of 1S12], declared the absolute
dominion of t)ie I'nssian Crown over all l{nssian American territory and sens and bays,
inchidiuKthe Kanischatkan or Hehring Sea, no protest was made aiiainst this assertion of
authority by I'ussin, and none has ever been nutde since by any civiliv^ed I'owcr until last
year.
2. 'I'hat the claim made by the United Statesabout this period related to the .North
Pacific Ocean onlv, and that the United States never, in all the correspondence between
the vears 1S22 and 1S21, made the sli;rhtest reference to or asked for
anv ri'^lits or
privili
^cs in the Behrin;;' Sea.
What are the facts r A translation of the Ukase of l.~^21 is published in •■ I^riti.sl
an(
IF.;
State Papers." vol. ix. p. 172. rt(listinctly sets out that -'the
pur
1
suits of
commerce, whaliui,^, and fishery, and of all other industry on all islaiuls. ports, and gulfs,
iucludinii' the whole of tlie north-west coast of America, beginning from llehring Strait
(the northern boimdary of Behring Sea) to the fdst degree of northern latitude, also
from the Alculian Isl.-inds to the eastern coast of Siberia, as well as along the Knrile
Islands, from Behring Strait to the south cape of the Islaiul of Uinp, is exclusively
granted to llussian subjects," and foreign vessels are interdicteil from approaching
within loO Italian miles of the coasts and islands i-imed under ])enalty of confiscation.
IVIIi;
this Ukase before him. .lobn (^)iiincy Adams, Secretary of State, lui the 25th
ry, 1S22, wrote to M. Poletica, the Itussian .^^iuister, as follows (the letter is
pnnted ui the same \
of Stale Papers, p. 4S:J) : •• I am directed by the President
;)f the United Stales to inform you that he has seen with surprise in this Edict tin
assertion of a territorial claim on the part of Russia, extending to the .71 si dei;ree of
north latitudes on this contiuent, and a liegulation interdicting to all commercial vessels
other than linssian, upon the ])enalty of sei/nre and conliscation. the apjjroach upon the
hi'di
ithin 100 Italian miles of the shores If
th.
inn is ma
de t,:
.Mr. .Adams adds: '• To exclude the vessels of our citizens from the shores be
'I''.''
the
dinary distance to which the terrilorial jurisdiction extei
irprise," and lie clo.ses iiy asking an 'Xi)lanalion.
las ex(.'ited .still greater
M. Poletica replied, mi the 2>^th i''ebrnary, 1822 (]). 4S7) : -Tlie h'ussian |)ossessions
the Pacific Ocean extend on tli
rth-wcst coast of ..America
Be!
iriiig Strait to
the •'list degree of north latitude and on the op])osite side of .Asia to the islands adjacent
from the same strait to the U^th di'gree. The extent of sea of 'Abich these possi.'ssious
form the limit com])reheuds all the coudilions wbi(di are ordinarily atlached to shut seas
(•niers fernu'es'). imd the Pussjau (lovernment might C(nise(|iieiitly judge itself
antborized to exercise n[i(ni this sea the right of sov(-reignly, and specially thai of
ilire!
V interdictmi;
11
le entram:
ot lori'igners.
i?t:l
II (ifelerred only asserting its
essentia! rights without taking any advantage of localitir
It is interesting to look at the .Map and see what the Itiist-ian claim really was.
Latitude north oU takes in the southern boundary of tiie Aleutian Islands to the Sea
of Okhotsk. Mr. .\dams. in his reply to -M. Poletica (same volume, p. l^S). says;
■•With regard to the suggestion that the Piissian (Jovernmeiil might have justitied the
exercise ot sovereign
tv over the Pacilic t^cea'i
lose ,sea because it claims lerrit(
til on the .\meric.'iu iiiid .\siatic slmres, if mav sullice to say that the distanci
shore to shore on Ibis
in lalitude .'i\ north is not less than i)0'
hull
1.281
60
or 4,000 miles." He ends by snjiii^ tlic PiosidtMil is persuaded llic citizens of the
United States will remain uninolestcil in their lawt'iil commerce, and that no edect will
be given to an interdiction mnnit'cstly incompatible with their rights. This controversy
was ended hetween the United Slates anil Itussia liy a Convention signed at St. Peters-
burgh on the 17th Aiiril, ISl'1, in which it was .'iiireed lliat in no part of the great ocean,
commonly called the I'acilie Ocean or South Sea, should the respective citizens or
sid)jects of the Jiigh Contraetiiig Powers he ili.sturhed or restrained, either in navigation
or fishing, or resorting to the coast lor the purpose of trading with the natives. (!reat
Britain concluded a similar Treaty in IH2.5. 'I'iiis 'i'reaty of 1H24 remained substantially
in i'orce until liie cession of Alaska to the United States by l{ussia.
The claim that Mehring Sea is a "landlocked sea" with a "firm line pelagic
boundary," advanced by Mr. Elliott, is manifestly absurd, in view of the fact that it is about
900 miles from the Aleutian Islands to the Asiatic coa>t of Uussia. Ikit, even assuming
that it could have been treated as a land-locked sea at the time of the Ukase of 1821 by
virtue of the possession by one Power of land on both sides, that condition ceased when
KuHsia parted with her territory on one side, Just as (ireat IJritain was obliged to
abandon her claim to teiritorial jurisdiction over the iJay of Fiindy because the United
States owned simply a headland on the other side from her ijossessions.
The Sea of < )khotsk is one of tlie seas distinctly referred to in the Ukase of 1821,
which called out Adams' protest. I'p to 1808, when Itussia sold the Kurile Islands to
Japan, this was practically a "land-l<)cl<ed sea, having a firm pelagic boundary," as
erroneously claimed by Mr. Elliott in regard to the Hehring Sea. Yet in "Diplomatic
Correspondence," 1808, p. 402, tliere is a letter addresscul by Secretary of Stale
William H. Seward to Cassius M. Clay, our Minister to Pussia, dated the 2;3rd
December, 1807, in which Mr. Soward iiil'orined Mr. i;iay that much anxiety had been
created in the United States by the rei)ort that a Piissian armed steamer had ordered
American whaling-vessels away from the shore near Okhotsk f'ity, in the Sea of Okhotsk,
and had fired upon the shi])'s boat of the bark " I'^ndeavour " of New Bedford.
Mr. Seward instructed our ^linister to incpiire what foundation there was for this report,
and what instructions had been given by the Russian Ciovernmeut to authorize this
action.
At first the Acting {{ussian Minister of Foreign AfTairs contented himself with
claiming, not that the Sea of Okhotsk was a closed sea, but raising the same (picstion of
the 3-mile line which now forms so jiroinitient a feature in our Canadian lishery troubles,
and saying that by the laws in force tlu' American vessel hail been properly warned of!',
she being within that distance. (This letter is published in " diplomatic Correspondence,"
18G8, p. 407.)
Subseciuently, in reply to another remonstrance from Mr. Seward, stating that
American whalers had been w lulling in those bays Dnohstnicted for seventeen years,
M. Stoeckl, Kussian Ambassador, transmits to Mr. Se\/ard (same volume, ]). 485) a copy
of a Report from the Kussian Minister of Alarine, in wriieh he admitted that tliere could
not be found in the Deiiartnient of Marine any trace of instructions given to Russian
eruizcrs to take any restrictive measures tonciiing the whaling fisheries in the Sea of
Okhotsk. This ended the eontroversy with regard to that si-a, which at this time was
much more entitled to be considered an inland sea than the Hehring Sea.
One illustration of still later dali! may lie given, in •' J'''oreigii Hclations," 1882,
p. 447, there is a lellir fVoiii Seereiary of State l^eliiighuysen to .Mr. lloflinan, our
Charge d'Aff'aires at St. JV'ter>l)urjli. conveying a complaint of a San l"'raricisco linn of
restrictions put by the Governor of Eastern Siberia on American li^hermen in the
Okhotsk and iieliring Seas. 'I'liis was after the cession of Alaska to the United States.
Jlr. lIofTman (p. 4.')2) transmits a note from M. de (lier.s, from which it dearly ajjpears
that the Russian (ioverniiient made no pretence of treating eitluir of those seas as closed
seas.
The entire fabric of the attemiited censure of the State Dc[)artmeiit for failure to
maintain American interests in the I'ehriiig Sea is thus thrown to the ground. It is
shown that, so far from acknowledging BehriiigSea to be a clo-eil sea, the United States
has placed itself on record as vigorously o]iposing any such assuiiiplion, not only with
regard to Pehring Sea, where there was a distance of !)!)() miles IVom shore to shore, but
also in regard to the Sea of (Jkliotsk, which might jjcrliaps have been properly regarded
as a land-locked sea. In view of these historicil facts, anil of the important liearing
which the maintenance of this doctrine .)f free, iiiitrammelled rights of coininerce, naviga-
tion, and fisliing on the open sea, wliich the United States is now engaged in maintaining
in other (|uarters where tlie national interests involved are immeasurably greater, it
requires no sjiirit of prophecy to divine that the Hevenue cutters " Bear " and " iiush,"
61
vhich Imve boon ordered by the Treasury Dcparlnioiit from Saii Francisco to the
IJcbritiff Hca, have probably lioon ordered not to repeal llie mistake of cajjluriii;; foreign
scalers unless dctect'jil f.dijnini.i- delirto within the unciuestioned maritime jurisdiction of
the United Htates, namely, " miles from shore,
IVnuluinjIon, May 28, 1887.
No. '10.
Coloiual Office to Foreign Office. — {Received June 28.)
Sir, Doiining Slrecl, June '27, \fif^7.
WITH reference to previous correspondence respect iiij,' tiie seizure of Canadian scidmg
schooners in Jk-hring's Sea, I am directed by Secretary Sir Jlcnry Holland to transmit to
you, for sueli action in the matter as the Marquis of Salisbury may think proper to fake,
a copy of a despatch from the (Jovernor-Gcneral of Canada, inclosing copy of an aj)|)roved
Report of the Privy Council res|)ecting (he action of the United States' authorities towards
British subjects in these cases, and urging that full reparation may be demanded from the
United Stuteg' Goverutnent.
I am, &c.
(Signed) JOHN BRAMSTON.
InclosuFR 1 in No. ' 0,
The Marquis of Lansdowne to Sir H. Holland.
Sir, Government House, ToronI , May 21, 1887.
WITH reference to previous correspondence on the subject of the izurc of Canadiim
S'jaiing schooners in Hchring's Sea, I have the honour to forward hciv with a copy of an
a])proved Minute of tiie Privy Council, concurring in a Report of my Minister of Marine
and Fisheries, and recommending that the attention of Her Majesty's Government be called
to the grave injustice done by the United States' authorities to British subjects peaceably
pursuing their lawful occupations on the high seas, to the delay which has taken place in
in(|uiring into and redressing wrongs committed, to the severe, inhospitable, and unjustifiable
treatment of tiie ofUcerii and crews of the vessels seized, and to the serious loss inflicted
upon owners of the same, in order that full and speedy reparation may be made by the
United States' Government,
I have, kc.
(Signed) LANSDOWNE.
Inclosure 2 in No. 40.
Report of a Committee of the Honourable the Privy Council for Canada, approved by his
Excellency the Uovcrnor-General in Council on the \Glh May, 1887.
ON a Report dated the 9th May, 1887, from the Minister of Marine and Fisheries,
submitting the following re'sume of facts, with a reference to the Canadian sealing
schooners "Carolina," "Onward," and "Thornton," seized by the United States' Revenue
cutter "Corwin," in Bchring's Sea in the year 1886.
The above-named vessels fitted out at Victoria, British Columbia, for seal huntin;; in
the waters of the Pacific Ocean, adjacent to Queen Victoria Islands, Queen Charlotte
Islands, and Alaska.
At the time of seizure (1st and 2nd August, 1886) they were at a distance of more
than 60 miles from the nearest land. They were taken possession of by the United
States' cutter, and towed to the port of Oonalaska, where they were detained.
The crews of the "Carolina" and "Thornton," with the exception of the captain and
one man (Iclaincd at Oonalaska, were sent by steamer to San Francisco, and there turned
adrift, w iiile tlie crew of tlie " Onward " was kei)t at Oonalaska.
At the time of the seizure, the "Carolina" had on board C86 se.il-skins, the
"Onward" !KI0, and the "Thornton" 404. These, as well as the schooners arc, so far
as the Minister is aware, still at Oonalaska, in possession of the United States' authorities.
The master and mate of the 'Thornton" were brought for trial before Judge Daw sun,
62
'n till Hiiittd SliitL's' l)i-tiitt Cmiit, .it Siikii, on lliit .'iOtli .\ili;u.>t, !8s(i, 'I'lic I'vidciico
j;iven liy till' oliuTis of till' Lliiilicl Sliitis' Kcmiiiii' fiiltti' wciit lo show tliat (lii- vo-^cl
was sii/.((l lor the oUoncc of tiikiiijj; sci.l.s in tljiil iiorlioii oi' Uciiiiiii^V Sfa ccdcil \n tin-
Unitoii States liy i{u-sia in l>i')7. lii'iii.i,' tlitii ;ii a distaiut' "T iVoiii fiO to 7" %.■' ^ I'limi
St. George's Islaiid.
The JikIl^c chai'fjrd the jury to the effect that, if tlu\v believed the defLMiduiil'i to linve
been seahn:; in the HehiiniJ; Sea, east of llic lt).'5iil degree of loimitude "est, they should
briiiir ill a verdict ol •' (iiiiity." and as.-es.s se[)arate lines or iniprisomnent.
The jnry brought in a veidiet of " (iiiilty."
'J'he master of the "Tliornt(.n" was sentenced to thirty days' iinprisonnicnt, and to
pay i» fin(' of rjOd dollars, and the ninle to thirty days' iinprisonment tnid ii line of .St lO
dollars. The masters and mates of th(^ "Onwaid" and "Carolina" were inideted in
similar |U'nalties.
On the 2.'!rd and 2Uh Se|(teiniier, liSSli, Orders in C'onncil were a|ii)rovcd by his
Excellency, tlie Ciovcrnor-neneral, setting forth the above faets, and representing' the
injnstice to which Canadian eiti/ens eni;ai?ed in a piaeeable and lawful oeeiipa'ioii on the
high seas bad' been subjeeled, ii\ spite of admitted principles of internationni law, and in
direct ojipositton to the United States' contention of what eonstitntes common waters on
the Atlantic coasts, and coiiies tliercot' weie lorwardcnl to I'cr Mfijcsty's (Jovernment,
with a rc(picst that inniiediato reparation be demanded from the United States'
Govermiiciit.
On the I'itli Xovcinber, 1«S0, Mr. Bayard informed Sir f.. West that be was
awaitinu' tnll and antbentic reports of tlic irial iiiid Jmli-'nicnt in the eases of these seizures
before further discussing the matter.
On tile Sth January, 1H87, the Earl of Iddeslcigh iiddressed Sir L. West, dejirecating
the delay whieli had taken place in sccurini; the particulars, calling; upon him to urge, wit'.i
all the force which the i;ravity of the eases dcinaiided, the immediate attention of the
United States' (iovcnimenf to the action oi' the .American autiioritics in their treatment of
these vessels, mates, and crews, and (lireetiiii; Iii.n to seek assurance that peiidinc; a
settlement of the ((ucstion, no sci/.ures of Uritisb vessels would be made beyond the
territorial wafers of Alaska.
On the Oth January, 1887, Sir L. West wrote to Mr. llayard, reviewing: the whole
case, and urging immediate action. On the 12th of the same month Mr. I'ayard replied,
exijlaininif the reasons of the delay, and sf.aling that every possible dispatch hid been made
in order to j)roenrc the necessary papers.
On the .Trd February Mr. Hayard informed Sir f.. "West that the doetiinents relative to
these sci/.ures left Sitka on the L'Otli .Fanuary, and might be expected to reach him within a
fortniglil. In Ibc meantime, be informed the Ibitish IMini^fer that orders bad been issued
for the di-conlinuaiK'U of all |iending proceedings, the discharge of the vessels, and
tlu.' release of all persons under arrest in connection with these sci/.ures, and that the
conclusion of any questions invcdved must be reserved until the papiM's relating thereto had
arrived.
On the Itli February Sir 1^. West eonmiunieated the above information to his
K.\cellency the Governor-tjcncral.
The Minister further states that Irom iiifonnation received from tlu- owners of
tlie seized vessels, and from the Collector of C'ustouiS at Victoria, Hritisb Columbia, he
learns that James Ogilvie, an old man and master of the " Carolina," was arrested alonj;
with the masters an 1 ::;ales of the ''Onward " and '■ Tbointoii,"' and bi ought into Court
for trial, but that before sentence was pionounced he was suffered fo wander away in the
Woods, wlicre he died I'loin want and exposure; that the other masters ami mates after
remaining; several months in prison were released by order of tlu; Governor ol Alaska, and
turned adrift literally destitute to tind tliiir way as best they could to their lioiucs \,'i()()
miles distant, and which could be reached only by a long and costly sea voyage; ; that the
owners of the condemned vessels have received no intimation t'roin the United States'
authorities of the release of their vessels or the restoration of' the valuable cargo of seal-
skins and e(|ui]jmeiits (ju board, and that they have no information as to the condition
in which their |)ro|)erty is at the present time.
The owners are thus left in complete uncertainty as to when or where their property
is to be n stored, and anticipate serious diimage, if not total loss, to their \esscls irom the
tremendous gales which during the past winter have swept the North I'acilie coasts. They
also stale that, knowing well as they do the character of the Indians in that vicinity, and
apprehending that no very vigibuit watch has been kept over their pi'upcrly, they fear that
cvci ythiug movable will hav(; been cai'ried away. If they lue cotnpelleil to receive flic vessels
at Opnalaska, where they have been (jelained, it will necessitate the chartering of a steamer,
68
wifli Mien aiid sii|i|>lic's, (it prcat ux|)i'iise and :i muiid voyufj^c of some !l,000 miles in order
to bring tliciii to N'ictdi'iii.
'I'lic consciiiK lit diimauc and inss to vessels and tar^'ocs tiirougli detention, and the
lii'avy cost wliicli will he; critailod iu biinL'iMi? tlictn to the iioiiii' [lort, tlic owners consider
Hood grounds for clainiini; lonsidi ration lioni tiie United Slates' autlioiities wlien the
([ueslion of reparation is i)eini,' settled.
'I'lie ("oniniillcc eoneiirrin;,' in tiie forcgoini,' Report of the Minister of Marine and
fisiicriis advise that voiir Kxeelleney he moved to eail tiie attention of Her Majesty '•■.
(iovernment aijain to tlic grave injustice done liy tlic United States' authorities to Mritlsh
siiliiccts, |ieaetaiily pursuing; their lawful (jccujiations on tlie liipli seas, and to tlio great
dehiy wliieli lias taken place in iiujuirint; into and redressing the wrongs committed (o the
severe, inliosiiitahie, and unjustiliable treatment of the oliieers and crews of the vessels
seizcil, and to the serious loss inllictcd njion owners of tlie same, in order tliat full and
speedy reparation may lie made hy the United States' (Jovernment.
All wliieli is respectfullv siihmitted (or your I'^xeellencv's approval.
(Signed) JOHN J. McCJKK, Clerk,
Priri/ Council, Canada,
Inclosure 3 in No. 40.
Mr. Ilumltii /.' Mr. TIUoii.
Sir, Cuslnm-lloiisi', Viflorin, April '2'.\, 1MS7.
IX reply to your letter ol the I'jth in.>l.uit, I beg to statu that none of tlic masters or
mates of tiie vessels seized in Hehring's Sea in August last remain now in imiaisonmeiit.
When the vessels were rondi nined the .ludge, Mr. Dawson, sentenced musters and mates
to tines, wliieli were never paid, and to dilferent terms oi' iininisonnient. Ogilvie, master
of the '• Carolina," an old man. was arrested and brought into ( ourt, but before the sentence
was jironouneid he wandered iiway into the woods and died there.
The others, after serving :i time in jirison, were released by an order uf the (Jovernor
and turned loose literally (leslitule. to tind their way home in any way they could. 'J'lie
vessels themselves, "(Carolina," "(Jnward," and " 'I'liornton," are now, as fur as we know,
in Oonalaska, but unless they have been properly taken care of, which in such a place
seems scarcely probable, they must during the winter months have suffered greatly, even if
they are still in existence, 'I'he skins taken from them are, we believe, stored in the
.Maska fur Company's warehouses at Oonalaska; the guns and ammunition were taken to
Sitka, iind are in the care <if the United Stales' MarsI al.
The chronometers and charts of two of tlie vessels were lei't in Onnalaska with the
vessels. The ehronoineter ol the other, with one or two boats, was taken, we were told,
as evidence to Sitka.
No notice whatever respecting the release ot' the vessels or the delivery of their
eciuipments or of the skins has been received by the owners. No word of any cJescrijjtioM
has been conveyed to them by the United States' authorities.
I have, &c.
(Signed) NV. IIAMKKY.
Inclosure 4 in No. in.
Mes^m. Cariif and Mansie to Mr. Tilloii.
Dear Sir, Victorin, B.C., Ajiril 11, IBS7.
YOUR advice of 2nd in>tant is to hand. In reply, would .say we have not been
advised whether the vessels are to be returned to us at Victoria, or are we to incur
the expense and risk of taking then; from Oonalaska. .iiid accept the skins in the condition
they may be found, as an oflsel in lull against the amoiiiils set opjuisite tlieni in ourclaims.
The expense and risk of getting them t() Victoria "ill lie -real, as there is no direct way of
transferring men and supplies a distance of 1,,'JOO miles.
It will necessitate tiie chartering of a steamer, and, owing to the tremendous gales in
the North I'acilie the past winter, the vessels mav be very seriously damaujd. if not totally
' I'vtliing movable will be carried
lost. Knowing the Indian
awav.
v.c do we antieiuate
64
The vessels and skins are loft in the care of not too friendly a concern, namely, the
Alaska Commercial Company's assent, alias the United States' Marshal.
Remaining, &c.
(Signed) CARNK and MANSIE.
No. 41.
Foreign Office to Colonial Office.
Sir, Foreirjn Office, July 8, 1R87.
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your
letter of the 27th ultimo relating to the case of the seizure of certain British vessels when
engaged in seal-fishing last autumn in Behring's Sea.
In reply, I am to request that you will state to Sir H. Holland that, in Lord
Salisbury's opinion, it is very desirable that, before any further representations are made
to the United Slates' Government with a view to obtaining re])aration. Her Majesty's
Government should be in possession of the records of the judicial proceeding' in
the District Court in Alaska, and instructions have been sent by telegraph to Sir L. \, jst
directing him to request that he may be furnished with these documents by the United
States' Government for the use of iter iSIajesty's Governmenc.
I am further to reciuest that tiiis Departmen may be supplied with a cojjy of the
papers wliich have been laid before the Canadian Pi.rliament in regard to this (pieslion.
I am, &c.
(Signed) JULIAN PAUNCEFOTK.
No. 42,
The Marquis of Salisbury to Sir L, West.
Sir, Foreign Office, July 9, 1887.
REFERRING to your despatches of the IHth April and the 6th and SOlli May last,
and to previous correspondence, I transmit, for your information, a copy of a furtlier
letter fiom tlic Colonial Olhco relating to the ijucslion of the seizure last autumn of
certain British vessels when engaged in scal-lisiiing in 15eliring's Sea.*
Before giving you further instructions in regard to this matter, I should be^ glad to
have the opportunity of examining the records of the judicial proceedings in the District
Court in Alaska, and I reciuest that you will at nwv apply to tlie United States' Secretary
of State, and ask that these documents may be lurnislied to you for the use of Her
Majesty's Government.
I am, &c.
(Signed) SALISBURY.
No. 43.
Sir L. West to the Marquis of Salisbury, — {Received Juhj 22.)
My Lord, Washington, July 12, 1887.
Wrril reference to your Lordship's telegram of the 8lh instant, I have the honour
to transmit herewith priiiled coijIcs of the judicial proceedings in the United States'
District Court for the District of Alaska in the several eases of tlie schooners "Onward,"
"Carolina," and "Thornton,' proceeded against on a charge of killing fur-seal in
Alaska.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
No. 40,
65
Tnclosurc in No. -13.
In mi'; U.vitkd Staiks Dtstuict f'onn', von Tirn: Distilict of Ai,a.ska.
Tlw United fslatns, Liliellniif, v. The Sclwia-r " Tkornlon," lirr Tiiclclc, ^v.~()it Libit of
Information J or being ewjiKjed in the liiixinvss of killing h'ur-seiil in Alnsku.
Transcript of Record.
O.N tli(! tJSth ila.y of August, 18b.-, was lilcjd the i'ollowiiii;- Lilicl of infoniifitioi) : —
In iiik HisTJiicT Couirr of TirE UxiTEii Statks fok tiik Distiuct of Alaska.
Altjust Simccial Ti:inr, 1R86.
Til ilio Hoiioiirable Lafayette Dawson, Judge of said District Court:
'I'lll'; liliid of information of M. D. iiall. Attorncv for tlic United .States for the
District of Aiiisi<:i, who iirosccutes on iiclialf of said United Stat'^s, and Iji.ing ;)rcsont lierc
in Court in iiis proper iicrsnn, in ilio name and on lichaif of tiic said I'nitcd Stales,
iijrainst tiie schooner " 'J'hornton," iier taclde, apparid, boats, cargo, atid furniture, and
again -it all persons intervening for their interest therein, in a cause of torfciture, alleges
and informs as follows : —
That Charles A. Abbey, an oflicer in the Revenue Marine Service of tlio United
States, and oti s]ieciiil duty in the waters of the district of Ala-ka, heretofore, to wit, on
the l<t day of Atignst, 18-^1!, within the limits of Ala-ka ti rritory, and ip the ^^alo^s
thereof, and within the civil and judicial district of Alaska, to wit, within he waters of
tliat ]iortion of Hehring Sea liehmging to the said district, on waters navigable from the
sea by vessels of 10 or more tons burden, seized the ship or vessel, connnonly called a
schooner, tlu! " Thormon," her tackle, ajiparel, bnals, cargo, and furniture, being the
property ol' some person or jiersons to the said Attorney unknown, as forfeited to the
United States, for the following causes: —
'1 liat the said vessel or schooner was found engaged in killing fur-seal within the
limit:- of Alaska Territory, ami in the waters theri'of, in violation of section Ut.Vi of the
r.evise ! Statutes of the United Stales.
And tlie said Attorney saith that all and -lingular the premises are and «ere true, and
within (he Admiralty aiul maritime jurisiliction of this Citirt. and that by reason thereof,
and by forc(> of the Statutes of the Uiute(l Stales in such cases made and iirovided, -he
afore-mcnlioned and descril)cd schooner or vessel, being a vessel of o\er 1?U tons burden,
her tackle, apparel, boats, cargo, and furniture, became and .are fori'eited to the ii«e of
the said Uinled States, and that s:iid schooner is niiw within the district aforesaid.
Wherefore the said Attorney jirays that the usual process and monition of this
honourable Court issue in this behalf, and tliat all ])ersons interested in the hefore-
nuiitioned and described schooner or vessel may be cited in general and special to
answer the premises, and all due proceedings being had, that the said schooner or vessel,
her tackle, a])p:irel, boats, cargo, and fe.rnitiue iniiy, for the cause aforesaid, ami <itliers
appearing, be coiuh'mned by the definite sentence and deci'ee of (lii> luniourable Cmirt,
as lorfeited to the use of the said United States, according to the form of the Stuiiite of
the said United States in such cases mode and provided.
(Signed) iM. D. BALL,
United States' Ihntrict Attorney for the District of Alaska.
Whereupon forthwith issued the following monition : —
District of Alaska, Set.,
The President of the United States of America to the Marshal of the District of Alaska,
gret'tinir : —
Whereas a libel of information bath been tiled in the District Court of the United
Slates for the District of Alaska, im the L'stli day of August, in the year l^>8l;, l)y
M. D, I'all, United States' Attorney for t);e dislrici aforesaid, on belialf of the United
States of .\moriea, against the schooner "Thornton," her tackle, ajiparcl, boats, cargo,
ninl funnture, ns forfeited (o the use of the United States for the reasons and caises in
said libel of inlormalion menlinned, and prayiiig the usual proees-< and monition of the
said ( omt in (bat behalf to be niaile, ami that all per>oiis interested in the said schooner
" Thornloii,"' lu r (ackle, apjiarel, boats, cargo, and furnidire, &c., nuiy be cited in general
[128 J K
68
and special lo answer the promises, and all proceedinjisheinf; liad, that the said seliooncr
"Thornton,'' her tackle, a|)parel, boats, car^o, and furniture may, tor the causes in the
said libel of information mentioned, be condemned as forfeited to the use of the United
States.
You are therefore hereby commanded to attach the said schooner " Thornton,'' her
tackle, apparel, bunts, carp;o, and furniture, to detain the same in your custody until the
further order of the Court respectiiif^ the same, and to give notice to all jjcrsons elainiiiig
the same, or knowini; or bavinij: anytliing to say why the same slioidd not be condemned
and sold pursuant to the prayer of the said libel of information, that they lie and api)ear
before the said Court to be held in and for the District of Alaska, on tlie 4tli October,
18R6, at 10 o'clock in the forenoon of the same day, if the same shall be a day of
jurisdiction, otherwise on the next day of Jurisdiction thereafter, then and there to
interpose a claim for the same, and to make tlieir allegations in that beiialf.
And what you shall have done in the premises do you tlien and there make ;eturn
thereof, together with this writ.
Witness the Honourable Lafayette Dawson, Judge of said Court, and the sea!
thereof alfixed at the City of Sitka, in the District of Alaska, this 28lh day of August,
in the year of our Lord 1886 ; and of the Independence of the United States, the
111th.
(Seal.) ANDREW T. LEWIS, Clerk.
On September (j, 1880, was filed the following affidavit: —
In the United States' District Court in and for the District of Alaska,
United States of America.
The United States of America v. the Schooner " Thornton."
United States of America, Di.strict of Ala.ska, 8s.
C. A. Abbey, being duly sworn, dei)oses and says : — •
Tiiat he is, and at all times beieiiimentioned was, a Captain in the United State.s'
Revenue Marine, and in command of the Unitcnl States' Revenue-cutter "Corwin."
That nlliant and the following natned oilicers of said " Corwin " are material and
necessary witnesses fur the I'nited States in the al)ove entitled action : J. C. Cantwell,
Lieutenant; J. V. Rhodes, Lieuteiutnt; ,]. H. Douglass, jiilot.
That owinu: to scarcity of provisions and fuel upon said cutter "Corwin," the said
"Corwin "and (k'jionent and said witnesses will be obliged to and are about to co to
sea within five days, and out of the district in whicii the said case is to be tried, and to a
greater distance than TOO miles from the place of trial of said action before the time of
said trial.
That there is urgent necessity for taking the depositions of afhant and said witnesses
forthwith.
'J'hat Hans Cuttormsen was master, and in possession of said schooner "Thornton "
at the time of seizure thereof.
(Signed) C. A. ARBEY.
Subscribed and sworn to before me, this Gth day of September, 188G.
(Signed) Andrew T. Lewis, Clerh.
On the same day was entered the following order : —
In the yf alter of the United Slates v. Schooner "Thornton," Ca.'ie A'o. 50; Schooner
" Oirolliw" Case No. .Ol ,■ Schooner "Onward" Case No. 49,- Schooner "San
Dieijd," Case No. 52.
In the above entitled actions urgent necessity and good cause a])pearing therefor
from tiu> iiindavits of C. A. Abbey, now on moti(m of M. D. Ball, United States' District
Attorney for .Maska, and Comisel for the United Slates herein, it is ordered that the
depositions of the witnesses C. A. Abbey, J. W. Ilowison, .1. V. Cantwell, .1. U. Rhodes,
J. li. Douglass, C. T Win.slow, Albert Leaf, C. Willielm. Tlios. Singleton, and
T. Lorenscri be taken brfore the Clerk otilie said District Court on Tuesday, the 7tli day
of September, ISHO, at 7 o'clock I'.m., or as soon thereafter as the matter can be reached
at the office ol said Clerk at Silkn, Alaska; and if not completed on said evening, liicn
67
tlic taking of said depositions to bo continued by said Clerk, from time to time, until com-
Itletud. Tluit notice of the time ami jjlace of taking said depositions he served by the
Marshal of suiil ilistrict on Hatis ( Juttorinsen, James Blake, Daniel Miiiiroe, and Charles
K. liavnor, and ui)on \V. (lark, Hs(|., Attorney at Law, or or ijcfore the 7tli SepteTnber at
12 A.M., and that sueh shall he due and su'iieient and reasonable notice of the taking of
said depositions.
Done in open Court this fitii day of September, 1886, now at this time W.Clark, Esq.,
being present in Court, waives service of notice.
f)n the 7th day (»!' Heptember, 188(1, was fded the following notice and return; —
In iiu: United States' Distuict Couiit in and roii tue Distuict of Alaska,
United St.vi'es of Ajiicrica.
The Uiiilcd Slalen of America v. the iichooncr " Thornton."
To Hans Outtormsen greeting: you are notified tliat by crder of Lafayette Dawson,
Jiidtre of said District Court, t!ie depositions of C. A. Abbey, .J. C. Cantwcll,
.]. V. Khorh's, aiul .7 H Douirlas will b.> tak^ n before the Clerk of sai 1 District Court at
his otlice ill Sitka in said district on Tuesday, the Ttli Se])te:)ibei', ]SS(;,at 7 o'click I'.JI.,
or a~ 'iooii thereafter as the matter can be reached, and if not completed on said evening,
the taking of said depositions will be continued by said Clerk from time to time until
cornjileted.
Dated the 7th September, 188G.
(Signed) ANDREW T. LEWIS, Clerk.
United States of America, District of Alaska, ss.
This is to certify that on the 7th day of September, 1880, before 12 o'clock noon of
that day I served the annexed notice on the within-nanied Hans Guttormsen, at Sitka,
District of .Maska, by then and there personally delivering to said Mans Guttormsen a
cojiy of said notice ; and then and there gave him the privilege of being present at the
takiiv^ of said depositions.
Dcited the "Jth September 1880.
(Signed) BAllTOX ATKINS,
United States' Marshal.
On the 10th September, 1880, were filed (he following depositions: —
In the I'nited States' Distuict (^oukt in and fou the District of Alaska,
United States of America.
The United States v. the Schooner " Thornton" A'o. fiO.
Dcpo^iitions of witnesses sworn and examined before me on the 7th day of September,
P8 ', at 7 o'clock I'.M. of said day, and on the f^th and !)lh Sei)(eiiiber, 18;0, thereafter,
at the Clerk's Ollice of said ()<.n\\l in Sitiia, District of Aheka, United States of America,
by virtue and in ])ursuance of (be order (d' the said Couit, u.ade and enlereu in the aliovo
entitled action on the (Itli Se|itemher, ISt^ti, diiecting that the testimony and de])osi(ions
of said wit; esses be taken brlore me at said first Mentioned time and place, ancl at such
siibsc(|iient times as (he taking of the same might be continued (o by me, in said action
then and there iiending in said lii>tricl (^'ouri brtween the Cnited States as jilaiutitl' and
tlie schooiu'r "Thornton " as defeiulaut, on beiiall'aud at the instance of the said plaintiff
the rnited Sla(os. and upon iio(ice of the 'ime and place of the taking of said depositions
served u|)on Hans Gu((i)riiisen, the Ca]»(ain of the said t,chooner, and in possession thereof
at the time cf seizure, and upon W. Clark, Es(|., ids Attorney, the owners thereof being
uiiknov.n and without the jurisdiction of this Court.
Captain t'. A. .\l>liey, being duly --Horn, deposes and -^ays : —
Q. State vour name and occupi', ioii. .1 ('.'.iitain C. A Abbey, in the United States'
Heveniie Marine Service, at present In command of the Culled Stales' Kevjnue steamer
" Corwin," on siin-lal duty in Alaskan waters, lor the protection of the Seal Islands aud
of the Government interests in Alaska generally.
[128] K 2
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Q. VVhiitwcre you ili)in^' ami wliat occiirii'd on tlic 1st day of August last in (lie line
of your duty y — J. I was ciui/.in!;' in HoliriuLV Sea alioiit "') niilos soutli-soulli-iM,! I'loui
St. (!l'oi-;;o island, in alxint lalitud.' and longitude . 1 I'ound
the tour boats of tiie Biitisii ^)teanl-scl^ooner " Thointon," of Victoria, Biilisli Columbia,
ennaged in killing fur->eal. Each boat had in her from three to eight frcslily killed
seal, arms, and amunmilion, rower.s, and iumlers, who stated that they belonged to the
said sciiooner " 'riiornton," and were engaged in taking or killing I'ur-seal. Some of
them, if not all. were seen shooting at the fur-seal whicli were swimming in their
neighbourhood. On ihis evidence, f caused the vesstd to l)e seized by Lieutenant Canlwcll,
took her in tow, and proi'eeded nilli her to > loualaska, where I [iluced the vessel, cargo,
tackle, furniture, and appurtenances in charg'- of Deputy United States' JIarshal Isaac
Anderson, of Oonalaska, the caigo oi' fur-seal skins being stored in " Keueh," in one of
the warehouses of the .Maska Commercial Company, and under seal. One boat of the
"Thornton " was sent to Sitka by the schooner " San Diego," and (ilnced in custody of
the United States' Marshal at Sitka. All of this property is now in the custody of the
United Slates' ^huslial at Sitkn, including her arms and ammunition, which I brought to
Sitka on the " Corwin."
Q. AVas this the \essel against which the libel of inl'iirnialion is lilt d r ./. It i,-.
Q Did this all occur wvlhiii the waters of Alaska aiul the Territory of Alaska, and
within the jurisdiction of lliis Court .- — ,(. It did.
Q. Did this occur .vilhiu the waters of the sea navigable for vessels
burden or over r — A. It did.
(Signed)
isKa,
of IX) tons
C. A. ABBEY.
Siil)scrihcd and sworn to belore me this '.Uh day of September, a.d. ISS'i, after
having been read over by nic to (h'ponent.
(Seal.) Anuiu;w T. Li;\vi,s, Cl/rh,
United Stales' District Court.
Lieutenant .John C, Canlweli, Ix.iiig duly sworn, deposes and says : —
Q. State your luime, occupation, and age. — A. John C. Cantwell, Third Lieutenant
United States' Revenue .Afarine Service, at present on duty United States' Kevenue
steamer "Corwin,'' and over the age of 21 years.
Q. Were you so on the 1st day of August last r — A. I was.
Q. State what occurred on that day in the line of your duty. — A. I saw a .'iniall
boat on the port bow ; we came np '.u her, and found she bad about eiglit fur-seal aboard.
The men in the boat were aimed with brcecli-loailing rilles. In answer to the Commanding
Oflicer, the men admitted they were killing fur-seal. Shortly after we ])icked up a .second
boat, and then sighted the schooner "Thornton." 'I'here were dead seal in the second
boat. I did ilot examine the other boats; I was sent on board the schooner, saw Hans
Guttormsen apparently acting as captain, and Henry Nornutn as mate. I askeil them
what they were doing ? The captain replied, " Catching seals." I signalled this to
Captain Abbey, who directed me to seize lier, which I did, ami the "Corwin'' took the
schooner in tow. The fur seal in the boats were bleeding, and must have been kilL'd
within a few hom-s.
Q. How many men were on boiird of the "Thornton " ut the time of seizure - —
A. Ahiud fifteen.
Q. Was this a reasonable nuruber I'nr ordinary ])urposes of oomiuerce and naviga-
tion r — A. It was an unusually large number for the size of the vessel.
Q. Do yon recognize this ))aper 'r* — A. I do. Ft is the otiieini inventory made by
me of the furniture, tackle, and cargo of the schooner "'i'liornton " (inventory enibiaces
the usual furniture, rigging, nautical instruments, boats and stores of a vessel of ihi.-
class, vith a cargo of 40H seal-skins, 3 seal-pup skins and 1 liair scal-skin, and tiu'v are
receipted for by I. Anderson, Deputy United States' iMarshal, (.onala.ska. the Mlh AugUKl,
18S(i; ; the item -lo:5 seal-skins mentioned in the inventory are tur sealskins: this
inventory gives a full nnd correct list of all the furniliiie, tackle, and cargo (,f said \(ss(|.
with the exception of the following ; arms iuid .nnmunition, octant, and one clu' .■<
There is one boat belonging to the "Tliornion'' that was sent tlown on ii;
Diego " and included ill thu inventory of the " San Diego." The "Thornton '" :i
boats.
tSignccL .JOHN C. CANTWELL, :U(l Lieutemmt,
United l!)l(itex' Reienue Murine.
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Siibscrilicil Mild sworn lo lu'l'oi-e luc tliii !Uli (lav ol' .Siiptombur, a,u. Iri.-^G, iit'lcr
liavinj; been rcnl ovur by iiu; to (ioinnicnt.
(Sciil.) ANiiitKW T. Lkwis, Clrrh,
Uiutcd Stnlr.s' DislricI I'mni.
Joliii V. Rhodes, I)ciiij;- duly s.voni, deiioscs and says:
Q. Siiitc your iianu", ane, ami occujjalioii ?—-•(. John I'. Rliodrs, over 21 years of
nijc, and IJeiiteiiant in tlu; I'niled Slates I'l'veiuie Afarin;', and atlachril (<i the Kcvemie
.steamer "Ccjrvvin," and was so on the 1st Au!;iist, ISSt).
Q. State wiiat happened on the last-named day in connivtion 'litii the schooner
"'riiornton"? — .J. f was on the " Corwin '' at the time the •' Thornton '" was seized on
that day. Wc first piekcd iij) a boat bearini;; the name '' 'I'lioniton ;" it had about eight
dead t'lir-sca! in it, the men in the boat had bree'di-londiuL:' rifles ; we al'terwards ))iei<cd
uj) another boat, and tlien si;;-bted the sciiooner " Thornton," and went on boarij, and
was [)ut in eharf^e of her. We alterwards picked up two more boats; the men in the
l)oats claimed that the lioats hclon^jcd to the " Thoniton," an'i were i)ut on board of iier.
There were between lifteen and twenty dead fur seal on deck and oiu- hair-seal. These
seal were most of them bleedin;;' and evidently reecn''y killed, 'i'lie captain and several
of the hunters said they had killed twenty-om-, I tliink it was, fur-.seals that day, and
would have got more if they had had more daylight and if th<; eulle'- had not come up.
(i. Do you reeoijfiiizc tiiese p-apcrsr— --J. 1 do. 'fliis paper marked (Ex. " (r ') is
the rloarance paper of the schooner " Thornton '' (this paper rejjresents the British steam-
schoo)u;r "Thornton," Han- Ouitornisen, master. •JL'-.'Vi tons, navii^iited with tiltecn men,
bound for the I'acilie Ocean, IJehriiif; Sea, and Okhotsk Si>a, on a liunlin"; and lishinf;
voya;j;e, as havinn; cleared from Victoria, ISritish Coliimliia, the l.">lh .May, ISSo).
This pajier marked (l^v, " H "j is her bill of luMlth Mssued same date and jdacc witii
clearance). I found these papers in the schooner '•Thornton" at the time of seizure,
and then took possession of them.
Q. What was tlie list of arms and ainniunition found aboard the schooner
"Thornton" at the time of seizure!- — A. Four rifles, ti shot-:;uns, 8(i7 shot-gun
cartridges, 420 riflegun cartridges, lOf* lb>. jwwder, I keg powder ])artly lilled, '2 bags
l)ulle(s, 1 1 bags buck-shot, ."> boxes wads, 31 Imxes primers.
(^. What has become of th<-e arms and ammunition r — A. They » ere delivered to
the United States' Marshal at Sitka, and are now in his custody.
(Signed) JOHN U. \{W)\m^, Lmilnund,
Vnitcil Sliih's' lirrritiic Murine.
Subscribed and sworn to before mo tliis Sth day of September, .\.i). lSi5t), after
having l)oen read over by nic to the deponent.
(^Seal.) Andhkw 'f. Iji;vvis, Clerk,
United l<tnlrs' DitttricI Court.
.lolm V . Rhodes, being duly sworn, deposes and says : —
<i. State your name, aye, and occupation ?— .1. .John U. liliod.s, l,ieulenaiil Inited
Slate<' Revenue Marine, at present on duty on the Ij'.ilei! States' l!ovenue steamer
"(!oiwiii," and over the age of '2\ years.
Q. State what nautical instruments, if any, »vere seized on the schooner "Thornton ''
e.vcept such as are iiiclnded in her general iinentory? — .(. Our chronometer, No. l-iTJ,
made by l\e»>els, and one octant.
Q. What has become of this propert_\ .' — .1. 1 turned it over to the United States'
Marsiial at Sitka, and it i:i now in his custody.
(Signed) .K>HN U UllODKS.
Suhserihed and .sworn to before me this Dth day of September, \.\). 188(5, after
having been read (n er by nte to deiionent.
(Seal.) Aniikkw T. Licuis, CIvrk,
United Slates' Di.'tlrici Court.
.1. H. DougloHs, being duly sworn, depose* and .snvs:
Q. State your iiame, age, and occupation / - A. .K II. D.iuylass, am over the age o.f
-1 years, am a pilot in the Revenue Marine Service of the United States, and have been
70
80 for tlic scvon years last ])ast. I am now and on tlio 1st Auj^iist, 1880, was pilot on
the Ri'veniu' stoaiiicr " Corwiii."
Q. State wliat ocounoil on tho last-named day in coniiL'ction with tiic schooner
"Thornton "' ? — A. We sif^hti'd a l)oat on our port how mid soon alter saw another hoat,
Steamed to tlie tirst iioal and ordered her to come uh)n^'side, which slie did. The name
"Stinnier Tliornton '" was on the stern of the i)oat. 'I'liere were two or three men in tlie
boat witli arms, and six or einlit dead fur-scal, which had tlie aiipcaranoe of havinj; heeii
lately killed. 1 asked the men what hick they hud iiad. One of them replied, " Wo
have si,\ or eii^ht, hut not as j^rood as some days." We took pos.session of the hoat and
contents by order of Captain Ahhey. \Vc then picked up the -second hoat, finding' it
enfijni^ed in the same husiness, then we sighted a schooner driftinj; without .sail or steam,
which proved to lie the stcam-schooiur ■' Thornton." On comin^j; up with her she was
seized hy order of (^ijilain .Vhheyaud taken in. tow. We then ])icked up two more hoat.s
belontjing to the "Thornton," having; dead fur-seal on hoard. This was in Hehrinji's Sea,
about Ct.'t miles south-east from St. (;eor;,'e's island, and about oO'.) or tjOO miles to the
eastward of the western boundary-line of Alaska Territory.
Q. State what e.\])erience you have had in the fur-sealing business, and your know-
ledge of the habits of the fur-.seal ? — A. I have been cruizing for more than (Iftuen years
off and on in Alaskan water.s, always as an ollioer or pilot, and have visited the I'ribiloff
Islunds, St. Paul and St. George, several hundred times, and am perfectly familiar with
the sealing business as conducted on those islands, and understand the migrating habits
of the fur-seals. From about the 1st May to about the 1st .Inly of each year the fur-
seal is migrating north, ami mostly through the Unimak and .\kutan Passes to these
islands for iireeding purposes. They go to no other place in the known world except
these islands and topper Island for breeding purposes.
After the breeding season of about a month they begin to migrate south, and until
Nove!nl)erof each year are migrating south through Hehring's Sea. i'uring tiiis season,
from May till November, the fur-seal are plenty in the waters adjoining the Pribilofi
Islands, and are migrating to and from these islands, and arc at all times very plenty
between T'niuuik Pass an(l said islands in a track al)out -'iO miles wide, wliich seems to
be their hi;;liway to and from said islands. The schooner " Thornton " and her boats
when seized were directly on this track.
(Signed) J. H. DOUGLASS.
Subscriiied and sworn to before nie this 8th day of September, a.d. 188G, after
having been reaii over by me to deponent.
(Seal.) ANuitEw T. Licwrs, CVcrfr,
United States' District Court.
In the Unitkd Statks' Distkict Couiit in and kou tub Distriot of Alaska,
Unitkb States' ok Amekica.
Tlie Uiiitrd States v. tlw Schooner " Thornton." No. iJO.
Wlieroa>, on the Cth day of September, 188G, the said District Court duly made
and entered in the journal of said Court an order in the above-entitled action, directing
thai the Ustmiony and deposition^ of the witnesses : (.'. A. Abbey, J. C. Cantwell,
.1. U. IJhodes, and J. II, Douglass be taken before me, the Clerk of said Court, at the
time or tiuie-^ airl ])lace, ami upon sucii notice as was .spccilied in saiil order.
Now, thereioie, this is to certify: — I'nat in i)iirsuance of said order, on the
7tli Scpiemlier, JSrtij, at 7 I'.M., each and ail of liu,' above-named witnesses appeared
before me at the Clerk's olhcc of ^aid ('ourt at Sitka, District of Alaska, United States of
America; that M. D. liall, I-^sq., District Attorney of said Court and District, and
W. 11 Payson, Esq., appeared then and there on behalf of and as attorniiys and proctors
for the United States, tlie libcilant herein ; atid W. ( 'lark, iCs(|., then and tkere appeared
on behalf of. and as .Attorney and Proctor for the said schooner and her owners herein ;
and Hans Guttormsen then and there appeared in pursiuince of uotute served upon
h'.m.
That 1 was Mualile to complete th' taking ot said depositions on said 7th day of
September, '^^SO. und I continueii the tr.Jng thereof on the sth and Dth Sepicrnber, IS.St;
and conipieled th^ same on said lasl-nanieii day. Thai the ^aid parlies hv iheir said
A.torneys and Proctors then and ihere appeared, ai\ii »ere present on each of .saiil last-
named days, i;ni| at all .inies dining tlie taknig of said depositions. That each of said
wilncoses waslirst duly cautioned and sworn by me, then and there, that the evidence he
71
should Rive in said nclion, slioulil he tlio tnitli, tlio whole truth and nntiiinjif J)iit thu
truth, nnd tlirrcnt'ter caoh of snid witiu'sscs was then and thcro pxaniinod bct'oio me, and
I tlien and tliere tooii down tlio statement and testimony of eaeh of said witncsscH, and
reduced the same to writinic in his presonee, and then and iliere read the '^nme over to
him ; and lie tlien and there, after tlie same had ])een so rc(hiccd to «ritins and read
over to liim, suh.serihed ttie same in my j)resenee, and swore to the truth there)!'.
Tiiat the forejjoiny depositions are the depositions of said witnesses then and there
taken hefore me as aforesaid. 'I'hat due notieo of tlie takin;;; of said depositions was
given as required hv said order.
In witness whereof [ liave hereunto set my hand and the seal of said District Court,
this 9tli day of September, ISPO.
(Signi'd) ANDREW T. LEWFS, Clerk, Vniird Slates'
Distrirt Cnurl in and for the District of
Alaska, United States of America.
On llic 20tli day of September, 188G, was filed the following claim of Master for
Owner : —
In TiiK Unitkd Statks' DrsxiiicT Coukt fou vuk District op Alaska.
(lu Admiralty.)
In the Matter of the Lihel of Information ayninxl the Schooner " Thornton," her Tackle,
Apparel, Furniture, and Cargo. — C'aiin of Master for Owner.
And now Ilan^ Outtormsen, master of the scliooner " Thornton " intervening for the
interest of J. D. Warren of Vietoria, iirilish f'olunibia, the owner of the said schooner
" Thornton," her tackle, apparel, furniture, and eari;o,as set forth in the libel of informa-
ti(m herein, appears before this lionourable t/ourt and makes claim to the said schooner
"Thornton," her tackle, apparel, furniture, and car^o, as sol forth in tlie said libel of
information, and as the same are attaclnvl by the Marshal under process of ihis Court at
the instance of M. 1). i^all, ]'iS(|., I'nited States" District Attorney for the District of
Alaska.
.\iul tlie said Hans Outtormsen avers that the said .1. D. Warren was in possession
of llie aid schooner at the time of the attachment thereof.
And that tlie said .1. I). Warren ai)ove named is the true and bond fide owner of the
said sclio(uier, her tackle, n])parel, car/^o and furnitiue as seized by the said Marshal as
aforesaid and that no other person is the owner thereof. Wherefore he pray.s to defend
accordinjjly.
(Sitfncd) HANS GUTTORMSEN.
Subscribed and sworn to before me this if^th day of September, A.)). 18SG.
(Seal ) AnukI'.w T. FiEWis, Clerk of ihe Cniied
Stales' District Court for Ihc District
of Ala.ska.
W. CUUIK AXI) D. A. DiNGLEY,
Proctors for Claimant,
On the same day was filed the followinf^ amended libel of information.
i.v TUE United St.vtes' District Court in ant) for the District of Alaska,
United States' of America.
(August Special Term, 1880.)
To the IT(mourable liafayette Dawson, Judtifc of said District Court :
The amended libi'l of information of .M. D. 15ail, Attorney for the United States,
tnr tile District of Alaska, who ;irosecutes on behalf of said United States and heinp:
present here in Cmirl in bis own i)roper person, in the name and on behalf of the said
United States, allepjes and informs as follows, to wit : —
That C. A. Alibey, an ollicer in the Ue.-enue .Marine Service of the United States,
duly eoinmi-sioned by the I'resident of the United States, in command of the United
Siatt's' itevenue cutter • t.'orwin," and on special duty in the waters of the District ol
Alaska heretofore, to wit on the 1st day of August, 188t), within the limits of Alask
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Territory, ami in llie waters tlicrodl', and within tlic Civil and Judicial District oi' Alaska,
to wit— witiiiii tlic uaturs ot'tliiit jxirtinn of Hclirini^'s Sou i)(.'l()n;;inf^ totlio United Stales
and said District, on waters navi<;atile i'roni iIk' sea by vessels of ten or more tons burden,
sidzed tile seboouer " 'I horntoii,'' her taeUle, apfjarel, boats, eari^^o, and liirniture, beinj,'
the j)ropcrty of sonic |)eison or jiersons unknown to saiil Atturney. Tiie said projierty is
more ])aitieulaily dcseribed a> follows, to wit : —
One scliooner ■•Tliointon" of N'ieloria, l')riti>h Columbia, four boats with oars, sails, and
gear; earjjenter's and eauikim;- tools and materials: live tons of eoal, ten yards of canvas,
clock, chronometer, nautical instruments, provisions, sails and runniiifr j;ear, ropes, twine,
lamps, oil, casks, buckets, enyinc and i,'far, twenty sacks* of salt, -1():> fur-seal skins, one
luiir-seal skin, three pi'p-seal skins, four rilles, six shot guns, and arms and amininiition
for same and all other property found upon or a])purtenant to said schooner.
That said C. A. Abbey was then and there duly coniinissioned and authorized i)y the
proper nijiartment ol' the United Slates to make said seizure.
Tliat all of said jiropcrly wa-, then and there seized as forfcilfd to the United States
for the followiiiL,^ cauM's;—
'I'hat said v<'ssc'l, lier captain, ollicers and crew were then and there I'ound cnc;a;,'cd in
killinn' iiir-seals within the limits of Alaska 'i'erritory and within the waters thereof, in
vii)lalion of section \',l'>i> of the lleviscd Statutes of the I'nited Stales.
That all the said projjcrty, after being seized as aforesaid, was brought into the port
of Oomilaska in said Territory, and delivered into the keeping of Fsaac Anderson, a Deputy
United States' .Marshal of this District, witli the exception id' tlic said arms and
ammunition, which latter wirr brought into the [lort of Sitka in said District and turned
over to the United States' Marshal of this District and ail of -said property i-^ now within
the Judicial l)istri<'t of .\laska. United States' of America.
And the said ,M. 1). Hall, Attorney as aforesaid, further informs and alleges: —
That on tlie 1st day of August, 18s(), Henry ^v'ormnn, and (jcrtaiii other persons
whose names are to said United States' Attorney unknown, who were then and tliere
engaged on hoard of the said schooner " Thornton " as seauien and seal-hunters, did,
under the direction anil by the authority of Jlans (iuttormscn, then and there nuisliir ol
said schooner, engage in killing and did kill, in the Territory and District of ,\laska, and
in the waters thereof, to wit, twenty far-seals, in violation <d' section 19;')(i of the Itevised
Statutes of the United Slates, in such cases made and provided.
That the said l(i;« fur->eal skins, three pup-skins, one hair-seal skin, and other goods
so seized on board of said schooner "Thornton" constituted the cargo of said schooner
at the time of tb(^ killinu of said fur-si'als, and at the time of said seizure.
And said Attorney sailh that all and singular the premises were and are true and
within the Admiralty and Maritime Jurisdiction of the United Slates and of this
Honourable Court, and that by reason thereof, and by force of the Statutes in such cases
made and jjrovided, the aforementioned schooner, being a vessel of over twenty tons
hurden, and her said tackle, apparel, boats, ca-_^ 1 lurniturc, becanie and arc forfcitcul
to the use of the United States.
\\ herefore the said ,\ttoriiey iirays that the usual process and monition of tliis
Honourable Court issue in his behalf against said scliooner and all said hereinbefore
dcseribed property to enforce the f irfeilure thereof, and reipiiring notice to he given to
all Jiersons to appear and show cause, on liie return day ol' said process why said lorfeiture
should not \iv. decreed ; and tliat alter due proceedings are had, all of said projierly be
adjudged, decreed, and condeiiiiied as forfeitird to the use of the United Stales; and for
Buch other relief as may be proper in the premises.
Dated the 'zmh .-ieptemher, 188(3.
(Signed) .M. D. 15ALL,
United Slates' District Attornvi/ fur the District of Alnslcn.
On the same day was filed the following demurrer: —
In Tin: Un.'ti'.I) S'iatks' Distiuct Couiit foi; •iiii: DrsTRtcT or .Alaska.
United .S'iV//c,s V. ./, D. IVarrfii and Schooner " 'lliornton."— I)i "irirr.
The demurrer of ^. D. Warriii, claimant of the [ircperly proceeded against in the
rhnve cause to the iidoneatioi' hleil herein.
1. The Miid clainiavit liy jindestation, not confessing all or any o( the matters
ir; said aTiiendid infian iil'on conlniiicd lo !■(■ true, ilcii urn Iherelo and says liial the said
matters in ninnner and form, as the same are in the iiifoiiration stated and .-el forib. are
73
not Hiifnciont in law for tin- Unitod States to have and maintain their said action for the
forfeiture of the projierl y aforesaid.
:.'. 'rill' saicl el.'iiTiiiuit liy iJidtestatiou denies that tiiis Court has jurisdiction to
determine or try the question hereliy juit in issue.
;i. And tiuit the said chiiiuant is not houri<l in law to answer the same.
Wiierefore chiiniaiit i)ravs that saiil inforniation may lie dismissed with costs.
(Signed) \V. CI.AIIK a.nu D. A. DlNGLIiY,
Proctors for Claimant,
Wliich demurrer was overruled hy the Court, and on the same day was filed the
following answer : —
In run Unu'ed Status' Uistuict Couht fok tiik Distkict of Alaska.
United States v. J. I). l\'iiiren and Schooner " Thornton." — Answer of Claimant.
The answer of tF. 1). Warieii, owner and claimant of the said scliooner " Thornton,"
hor tackle, ajjiiarcl, cargo, and furniture, as the same are set forth in the information filed
herein in hehalfof the United States.
And now comes .). I). Warren, claimant as aforesaid and for answer to the said infor-
mation against tiie said scliooner "'i'horiiton," her tackle, nppnrel, furniture and cargo,^e
set forth in said information says that the said schooner " Thornton," iier tackle, apparel,
furniture, and cargo as set forth in the information mentioned, did not nor did any part
thereof become forfeited in manner and form as in said information in that behalf alleged,
or at all.
Wiierefore, the said claimant prays that said information be dismissed with costs of
this claimant attached.
(Signed) \V. CLAHIC and D. A. DINGLP^Y,
Proctors for Claimant.
On the 22nd September, 1880, were filed the following exceptions to answer : —
United States' District Court, District ok Alaska, United States of
America.
United States v. the Schooner " Thornton." Xo. 50.
The said libelhint hereby excepts to the sufficiency of the defendant's answer herein,
on the following grounds : -
1. Said answer is not jiroperly or at all verified as required hy Rule 27 of the United
States' Admiralty Rules;
2. Said answer is not full, explicit or distinct to each or any allegation of the libel
herein, as required by said Rule ;
3. Said answer does not deny or admit any of the allegations of fact in said libel,
hut merely denies a conclusion of law.
(Signed) M. D, BALL and W. II. PAYSON,
Proctors for Libellant.
September 21, 1880.
Which excoi)tioiis were sustained by the Court, and on the same day was filed the
following amended answer : —
In the United States' District Court for the District of .Alaska.
United sidles' v. ./. 1). IVnrrcn and Schooner " Thornton." — Amended Answer.
To the Honourable I;afa\eUe Dawson, Judge of the United States' District Court for
the District of Alaska.
Hans (Juttormscn, master of the schooner "Thornton," inlervoniiig for the interest
of and in behalf of J. D. Warren, owner and claimant of said schooner "Thornton," her
tackle, a])parel, furniture and cargo for amended answer to the libel of intbrmation
herein, auainst said schooner, her tackle, apparel, furniture, and cargo, alleges as
follows : —
1 . That he denies each and every material allegation iu said libel of information
contained ;
[128] L
74
2. Denies tlint the said sclioonor "Tlinrnfon," her (aeklo, npimrel, f'linrifnro, enrp^o,
aiui liio |)roi)orty m)])ertiiiniii^ tliereto, asset Iciilli iiiid ilesciibed in siiid liltel <it inlonim-
tinii or liny pari (hereof lieciinie lortViled (o llie Uiiitiil States;
:'). Ilcnies tiiai saiil s<'hii(ini'r, lur eiipluin, otiiccrs, and erew, or any one of them
tvcie foiiiui en^aped in kiilinjj; fur-seal witliin tlie limits of Ahiska Territory and within
the waters tliere()f in violation of seetion 11150 of (lie IJevised Statutes of the United
States as set forth in said lihel ol information or at all ;
4. Denies that they killed any niimlier of fur seal or other fur-heariiifj uuimals
within the waters of Alaska or the 'I'erritory of Alaska or in any [)arl tiiereof.
Ti. 'I'liat all and singular the premises herein are true.
Wherefore said master jirays that this llonourahle Court will he pleased to prononnoe
nj;ainst the lihel herein and that the same may he dismissed with eosts to the claimants
to be taxed.
(Signed) W. CLARK and D. A. DINGLE Y,
Proctors for Claimant.
United States' District of Alaska, ss.
Hans Guttorniscn, beinjj tir>t didy sworn, says he is mnytter of the schooner
"Tliornton," that he lias heard read the forei^oinp; answer and knows the contents thereof
and that the same is true of Ids own personal knowledf:;c.
(Signed) H. GU'l'TORMSEN.
Suhscribed and sworn to heforc me this 22nd day of September, a.d. 188G. , ;.' .
(Signed) A'smiEW T. IjV.WIS, (Veric of llie United Slates
District Court for the District of Alaska.
On the Ith day of October, 1880, the motion cited p. r>l was returned with the
following indorsement : —
Sitka District of Alaska, ss.
Be if reniomhered, that, in obedience to the annexed monition, 1 have attached the
williin-deserilied pro))erty and now hold the s:ime in my possession subject to the order
of this llonoiiralile (.'ourt ;
And I have given due notice to all persons clainnng said |)roperty to In; and appear
before this District Court on the ith day of October, 1880, at lU o'clock a.m., it the
same shall he a day of jurisdiction, olherwi.se on the next day of jurisdiction thereafter,
then and there to make their claims and allegations in that behalf: —
And r have caused said notice to be pulili-.hed, and (he same has been published in
the "Ala.skan," a new.spaper published at Sitka in said District, on the 4tli day of
September, 1880, and in each issue of .said newspaper subsequent thereto, until tth day
of October, 1880. ,
(Signed) BARTON ATKINS, iVflr,sA«/,
Dislrii I of Alaska.
Sitka, Alaska, Octoher 4, 1880.
v^n the same day was fihd the following Decree : —
In 'in; U.vii i:jj Siaiks' Disriacr (,'oiikt in ash koii iiii, Disiiik r or Ai,\sica,
IJ.viTKn SrA'ri:s of Amkukja.
Uiii/rd ,S7c(/cx V. tlir Sclinoiier " Thorn I on." !<<>. CO.
The .Marshal having rcturui'd on the monition issued to him in the above entitled
action Hint, ill obedience therelo, bo luis attached the said schooner " Tliornton," her
tackle, ii]ijiarcl. hoafs, cargo, and liirniture, and has given due noli'H' to all persons claiming
the same to !i|)pi;u' before this Court on this 4tli day nf October, ISHti, at 10 o'clock a.m.,
at the Distrirt of Alaska, I'nited States of America, then and there to interpose their
claims and make their allegations in that behalf; and Hans Oiittorm.son, the captain
of said vessel, having heretofore filed a claim to all of saiil property on behalf of
J. ]). Warren, of Victoria, British Colu'iiliia, the owner thereof, and no other [lerson
having appeared, and no claims or allegations having been made or tiled herein by any
other ])cr.=on or jiersons, and (he usual iiroclanuition having been made, and said cause
iUlllllUlB
75
hiiviiij; Iiuuu lit'iiril upon Ur' pli'iii)iii;;.s and iirooi'-i, .M. I), liiill, lvsi|., ;inil W. II. I'iivKon,
Ks(|., iiiipt'ariiin' as lulvocalus for saiii liln'ilanl, iind W. Clark as adun'aU; lor waid
claiiiiaiit, ami huid causo Iiavinj,' been stibniitlod to (lie (,'oiirt tor decision, and i\iv
dtdilicration Ijcinjj had in I Ik; priMiiises, it is now or(lerc<l, scnlL-nci'd, and decreed as
IbiiowH: —
1. 'I'liut all pciHuns wliiit.sooVfr otiicr than said (dainiant he. anil they air, lurehy
declared in contumacy and det'ault.
'J. 'I'iiat t!i(! said -eliooner "Thoi iilon," lii;r tackle, nppnn.d, hoats, ami Inrniluic ami
her car;;i) (d' IKH lin--.eal .sliins, and all other |)ro])erly tound Ufion and appmliiiant
to said .sehi inner, he, ami are herel)y, I'Dndennied as I'ort'eited to the use of the I'nited
States.
;{. 'I'lmt unless an appeal he taken to this J)e{M'ee within the time limited and
prescribed by law and the liules (d' this (Jourt, the usual writ of rindilioni fijunias be
issued to the Marshal t'oniniandin;; him to sell all id' the said jiiopertj and bring the
proceeds into this Court to he distribti'ed according to law. Costs to be taxed are
awarded against .said claimant.
Dated October -l, 188tj.
(Signed) LAFAYETTE DAWSON,
District Juthjf.
Done in open Court this 1th day of October, 1880, at Sitka, District of Alaska,
United States' of Aincsrica.
(Signed)
, Clerk.
On the sanie day was filed the following niolion to set aside Decree; —
In iiu; llNiTKJ) SiA'rivs' Di.stkict Coiici' ior tuk District of At,ask\.
Urtiled Stiifrs v ,/. /). I\'tirrrn (ind Srhnoiirr " Thnrninn" — ^Intinn In set dsidi' Dccrcf.
Now come W. Clark and D. A. Dingley, proctors intervening for ami in behalf of
the claininnts herein, and moves the Court to ,sct aside the Decree rendered herein for
the reason that the evidence produced on behalf of the United Stales is wlioUy insuflicient
upon which to biise said Decree.
vSigncd) W. CLAKK and D. A. DINGLEY,
Proctorn for Claimant.
Which motion was over-ruled by the Court, and on the .sane day was filed the
following notice of appeal : —
In the Unitici) Statks' Disriticr CoiutT for ihk District of Alaska.
United Slatc.f v. ,/. J). IVarnn (iml Srlioniiir " Thornlnn." — Natii'r of Appritl.
And now come W. Clark and I). A. Dingley, iiroclors for and in behalf of the
claimant herein, and notifies this honourable Court that they hereby apjieal I'rom the
Decree rendered herein to the Circuil Court having appellate jurisdiction over this
district, and that said ap|)eal is taken on questions of law and fact, and prays the Court
for nn order on its clerk to pre]iare a eoinplele transcript of the record herein, as llie law
requires.
(Signed) W. CLARK a.sd D. A. DIXOLHY,
Proctor.i fiiv Cliiiiiitint.
On the Dili day of February. 1SS7, was cnlered the following order: —
In tlir Matter ot tfir i'nili'il States v, ScliooniT " Oniiard," Cuxc A'n. 4!) ,- Schooner
"TIturntnn," Ca.se No. M; .Hcliooiier "Carolina,'' Cii.te Xo. .M ; •■■linoner "San
Dicijd," Cane No. !'>'! ; Arms and Aniniunition Schooner '•Sierra." ^n. -u ; Arms and
Animnnilion Sriiooncr '' San l)ief/o," No. ,'58.
In the above causes, upon motion of the Attorney lor the llniii'd States and argu-
ment of counsel for the llniled Stati'.s, and for the interveners in said causes, and
coiisiileratioii by the ComI, i' is lliis day '■ 'rred t^lal writs (>[ ncnditio>ii irjimias t\(t i^sue
from the clerk of .said Court to the Marsiiai of said District, for the sale ol the attaciied
[128J L •-'
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vessels, with their tackle, cargoes, nnJ fiirnitiirp, of whatever description, and of the arms
and ammunition attached in said causes.
And as to the said attached vessels, that the sale of the same (except the schooner
" San Diogo," which shall he sold at Sitka) shall he made at Port Townscnd, in the
District of Wasliington Territory, and as to the sealskins, ]mrt of the carifoes of said
vessels attached, that sale of the same shall lie made at Sau I'Vanciscn, in the District of
California, and that sale of miIiI M'liooner 'San l)iego," and all the other attached
property he made at Sitka, in the District of Alaska. Thirty days' notice of such sale to
be given at each of the places wiiere Uie sanu^ are to he made, hy pnstiii;; such notice,
or hy publication in some newspaper published at such places respectively.
And that said Marshal do have the moneys arising from such sales, togethi-r with
the writ commanding the same, wt a District (.'ourt ot the United States for this, liie .said
District of Alaska, to be held on the first .Monday in Septcml)er, 1S87, and that he then
pay the same to the clerk of said Court,
Clerk's Office, United Stales' District Court, District of Alaska,
Hitka, March 10, 1887.
I, Andrew T. Lewis, clerk of the said Court, do certify that tlie foregoing transcript
of the record in tlie ca.se of the United States v. the schooner " Thornton," her tackle,
apparel, &c., on libel of information, pending in said Court, has been compared hy me
with the original, and that it is a eoirect transcript therefrom and of the whole of
such original, except the full text of the exhibits referred to in the testimony therein,
the purport of which only is slated, and that the ])urport of said exhibits is correctly
stated, as the same appears t)f record at my ullice and in my custody.
Witness mv hand and the seal of said Court, this Idih day of March, 1^87.
(Seal.) ANDliKW T. LKWIS, C/n/t.
No. '14.
Till' Marquis of Salishuri/ to »S';> L. West,
(Telegraphic.) Forciiju OJ/icr. AuijusI '1, issy.
I ilAVK received your (Us|);itch of Ilie 12lli ultimo.
Were juilieial documents communicuted without obseivation liy llie United States'
Government ?
Xo. I.'l.
f^ir L. West In llir Mdrrjiils of Salishuri/.— (Rrrdrid hij telrt/raph. .UkjusI 4.)
Mv l-ord, Wiisliliiijliiii, AiKjiisI t, ISs".
I IIAVI'", the lioMoiir to infonii \oiir F,or(!shi|) llint tlie judieiid doeuiiienls alluded to
in you" Lordship's teleijratii of tlie 'Jiul inst;int were, at my r((|uisl, forwarded to
me by t!ie .Secretin y of State, lor llie iiiforiniilion of lli v iM:iiesly's ( !o\<riini','nt, and were
unaceompanicd by iiny observiilioiis.
I liiivt! reason to think that no step will be taken in the matter of the seizure of
scalers in Uebriiiti's Sea until the case against the cniitain of the " Corwin," which will he
tried at Boston, has i)icii lienrd.
1 have, &c.
(Signed) L. S. SACKVILLK WEST.
No. IC.
The Marijuis of Salishuri/ to Sir L, West.
Sir, Foreiijn Offire, Auijusl 10, 1887.
I HA VK to infor.ti you that a telegram has been received from the Commander-in-
chief of [ler Majesty's naval Unns in the I'neifie, diiled N'ieloriu, Jhitish Cobnnbia,
on the 7lb iustiint, from which it apjiears that an American Kevemu; vessel had sci/.ed
three moix* Hrilish Columlii.in sealing schooners when a long distance from land, and tliut
77
Ihcy had been taken to Sitka. He further stated tlint several other vessels in 8ii;ht from
Sitka were being towed in.
It will be within your rocollectioii thai in the correspondence wliich has recently
tiiken |)lace in regard to the previous seizures of three British vessels by the United
States' Hevcnuc cruizcr " Corwiii," Mr. Dayard stated in a note dated the .3rd February
(a copy of which aceonipanied your despatch of the fnilowini; day), that "without
conclusion at this time of day of any (|UCstions which may be found to he invol'cd in tlici^c
cases c)f seizure, orders have been issued by the President's direction for the
discontinuance of all pending proceedings, the disciinrge of the vessels relcrred to, and the
release of all persons under arrest in connection therewith."
i request that you will at once coninnmicate to the United States' Government the
nature of the information which has reached them in regard to these further seizures of
Hritish vessels by tiie United States' authorities,
Vou will at the same time say that Her Majesty's Government had assumed, in
view of the assurances conveyed to you in Mr. Bayard's note of the 3rd February lasi, that
pending a conclusion o.' the discussion between the two Governments on the genend
question involved, no further similar seizures of British vesscla would be made by order of
the United States' Government.
I am, &c.
(Signed) SALISBURY.
No. 47.
The Marquis of Salisbury to Sir L. West.
Sir, Forrlijn Office, August iO, 1887.
I HAVE to acknowledge the receipt of your despatch of the I2tli idtimo, inclosing
|>rinted cojiies of the records in the United States' District Court for the District
of Alaska in the cases of the British Columbian scaling schooners " Onward," " Carolina,"
and "Thornton."
I should be glad if you would inform me whether the owners or masters of any of
these vessels have entered an appeal against the .(udguiei.ts delivered by the Court, and
whether, if they have not already done so, such a course is still open to tlieni.
It is also desirable that Iler Majesty's Governrueut s-hould he furnished with a full
Ke|)ort of the proceedings at the trials of the masters, which resulted in their conviction,
and sentence to iiiiprisonnient and tine.
1 have turliicr to r<'(|uc'sr that you will euflravour to a'-K'itaiii iiiid to repoil to me when
it is prohai)le that the a|)peais refeircd to in your dopatches of the '.'nd April, lfSH7,
and of the litli .May, \^>^1, respectively, ot the owneis of the Anuiiean ships which
were .seized on siuiilar grounds, will <'on)e on for hcaiinij, and •Ahi'thiT any anauge-
ni(nt has liccn, or lan now, in your opinion, advantaireously lie made between the owners
ol the British and American vessels on the one side and llie Governtncnt of the Unittd
States on the other, that one of these eases should he resrarded as n test ease, by which, in
so far as the .Nnierii'an le^al Tvilinnals are concerned, the reniainiiii,' cases mi^hl he held to
be eoneludcd.
It must, however, lie eleinly underslood that any such arrani;(inenl, if n.ade, would
only atlrct the Ic^al rcnicdies which were open to the niasteis and owners of these vessels
in the American Courts, and wcadd in no degree liiiut the rii-ht (d Her Majcsly's (Jovern-
nunl, alter all such leual rcniedi(s were considered to he exhausted, to intervene through
diploniiitic ehaniieis and on international grounds on heh^dl of such masters or owners.
It is presumed that iUe records of tlie proceedings in tin; cases of the seizures of the
Hritish schooners which accompanied your dciiatch were conimunicatcd ollieiaily to Her
.Majesty's Legation, .ind, if so, I rcipicst that \cni will lurnisli me with a copy of the note
by which they were accompanied.
I am, &c.
(Signed) SALISBURY.
No. 48.
Sir /,. IIV.v^ to the Manjuis of Salisbury. -^{li en ivnl Auyv.il 20.)
.My Lord, W'lifhinijtun, .UnjuU 1.'), IS.S?.
IN obedience to the mst ruction contained in your Loidship'.s dtsp.iteli ol the
lOtli nislant. ! infonnid the Sccrelurv of State that three Briiish Colundiian .schooners
7S
had Ijccii sui/cd in Ucliring'!* .Sea by llic United .Stiitos' cruiziTs it Itiiifj dislanci.! Iroiii
Sitka, and that several oilier vessels were in liiglit beini; towed in. I also intimated to
Mr. Hayaiil that, in view of the assuranee.s i;iven in his mile ot' the .'ird Fehrnary last, Her
Majesty's Covernnienl had assinned that, jiendint,' the conclusion of {iiseii.-.,-,ions between
the two (iovernnients on general (|Mesti<)n» involved, no I'nrliier sei/nres wmdd iio made by
order ol the L'niteil Stale.^' (iovernnient. ' o|>y ol' my nute is lurewilli inelosed. i have
likewise tlie honour to ineio-e t,> your Lnrdsliij) eojiy of a note wliieli 1 have reeeived m
reiilv 111 the above eonniuniieaiiiiii, in which .Mr. iiayard stales thai hi' can diseovcu- no
ground whatever, lioni the i .\i)rcs~;ii!is eonlaiued in iiis note lelerreil to, lor the assumption
by ller -Majestv's (Iovernnient liiat it contained any sneh assurances, but that he will
uiieertaiii without delay wlutiier the ciieunislanees attendant upon the eases of the seizures
in (luestion are the satne as those which induced tlie Kxeentive to direct the release of the
ve88ei8 mentioned in his note of the -"ird I'chruary.
I have, &e.
(Si-ned) L. S. SACKVJLLE VVliST.
.\H HI .i.A-
Inelnsure 1 in No. I>.
.Sir /,. IVrxl III Mr. Iliiiinnl.
Sir, ■ IVashitigloii, Atiijust 11, 1HH7.
I ll.Wli llie honour to inlorni yon that Jler Majesty's (iovernnient havi; received a
teleizrarn from Ihe Coniniander-in-chic I' ol Her Majesty's naval liirees in the I'urilic,
dated Vietiiria, IJritish CJolnmiiia, 7th August, rejiorling tin; seizure by United States'
cruizers ol tlnve Hritish Columbian scalini,' schooners in Hehring's Sea, a long distance
from Sitka, and that several other vessels were in sight beini; towed in. In conveying this
information to you, 1 am requested at the same time by the iNhirqnis of Salisbury to state
that, in view ol the nssnrunees given in your note of the Mrd February last, Her Majesty's
(iovernmcnt had assumed that jiending the conclusion of discussions between the two
(iovenimcnts on general questions involved, no further seizures would be made by order of
the United States' Uovermnent.
. . , . 1 have, &c.
. , • (Signed) 1.. S. SACK VILLI-: WEST.
Jnclosure 2 in No. 48.
Mr. Bayard lo Sir L. iVesl.
Sir, Drparlmenl of Stnip, fVanhiiiriton, /iiignxt 1.3, 1887.
I HAVL tlie honour to acknowledge the receipt of your note of the lltli instant
received yesterday afttrnoon, informing me of a telegraphic comnnniication from the
(Jomnmn(lcr-in-chief of Her Majesty's naval forces in the I'acilic, dated at Victoria,
British Columbia. August 7lh, reporting the seizure of three British Columbian sealing
scliooners " in liehring's Sea, a long distniice from Sitka," and that " several other vessels
were in sight being towed in."
The rercrciHc In my note to you of the .Ird I'ehruary inst, which you make under
the instruction of the Manjuis of Salisbury, has caused ine to examine the expressions
contained therein, and I can discover no ground whatever for the assumption by Her
Majesty's (iovernnient, that it contained assurances " that, pending the conclusion of
discussions between the two (loverr.mcnts on general <piesti<ins involved, no further
seizures would be made by order of the Inited Slates' (Jovernment."
Until your note of the 1 Ith instant was received I laid no information of the seizure
of the sealing vessels tlicrein referred to, and have no knowledge whatever of the
circumsttinccs under which such seizures have been made.
I shall at once endeavour to supply myself with the information necessary to enable
me to reply to you more fully.
The cases of seizure referred to in my note of the 3rd February, 1887, had
occurred during the previous August, and upon the basis of the inforniution then obtained
I wrote you as follows : —
'' In this connection I take occasion to infoi in you that, without conclusion at llii.s
lime of any i|ucsli<iiis which may be found to be involved in these cases of sei/.me, oider,-<
h.ive btin issued by the I'rcsideiit'.s direction lor tin; dihcontiiiuance of all pending
7»
proceedings, the (li.sclinrg<! of tlie vessels reierrcd tii, iiiid the relejisc of ail persons iiiider
;irrcst in <'oniiecti()n tliercwitli.''
ihivinf; no reason to lii-.ticipatc any other sci/iircs, nothiiit,' was siiid in iclation to
llic possiiiility of such an occnrrcncc, nor do I tinri in oin' coir(s|ionr|( ncc on the subject
anv i:rouki(ls lor snih an undcrslandiii: as you inlorni mic had liccn assumed to exist hy
Her Ih'itaiinic Majesty s (Joverninenl.
A short tnn«' since, wiien you culled u|ion ine and jXTsonally ohtaine(l copies of tlie
record ot thejudiiial |)roeeedinf;s ni the three eases (d' sei/ine in Anirust last in ISehrini^'s
Sen, nothinf; was said in relation ti other cases. Whether the eireunisinnces attendant
upon the' cases wliicii you now report to me are tiic same? as those which induced the
i'Aeeutive to direct the releases rclerred to lemnins hereafter to he ascertained, and this
with as little delay as the circumstances will p.-riiiit.
I have, &c.
(Signed) T. F. BAYARD.
No. t!).
A(hniriih\l lo Fnreii/n ()//iri\ {/{rrpiml .tiu/iisl 'J't .)
(Kxtract.) Aitminiltit, Amjust 21, 1S«7.
I AM eoinninndcd by my IjOrds Commissioners of tiie Admiralty to send you here-
with, for the |)ernsal ol the Manpiis of Salisbury", extract Irom a letter from the
C'omniander-in-ihicf on the I'acitic Station, dated the .'ith Augusi, reporting the seizure
of a sealing-schooner. named the "Arma Beck," hy an Aiuerican Kevtiiue vessel in
Heliring's Sea.
Inelosure in No. 49.
Kenr-Aihuiral CulmP'Seymour lo Admirnlty,
(Extract.) "Triumph," nl EnquimaU, Aityiisl 5, 1S87.
SINri". my return I hear ti.at tlit; "Anna Ikck," a stahiig schooner, has been seized
by an Anieriean licvenuc vessrl in Hebring's Sea — it is reported liO miles north-east from
St. Gcorue's Island ; but no r, li ible information as to the spot has yet reached me. As
son ui: it does 1 will forward [larticulars.
No. 50.
sir L. n>47 to the Miirquis of Salisbury. — {Recrived September 1.)
(F.xtmet.) ■ ]rashitujlon, Auyiist 20, 1887.
IT would appear from Ui'ports of Captain Sbi'pard, of the I'nited States'
Ilevenue cutter " Rush," that the "Say ward " was captured .Id miles and the '• Dolphin '
40 miles (roni Cape C^heerful, while the " (irace'' was seized It.") miles from Ounalaska.
Cape Cheerful tloes not appear on any Map nr Chart, but is supiiosed to be the
northernmost point of the Island (if Ounulaska.
The Islands of St. (icorge and St. Paul (I'ribylov Islands) ore distant \bO miles from
Ounulaska, so that at the tiini' of the seizure of the " Grace ' that vessel would liavf been
H.'i miles distant from them.
To reach the bri'cding-groinids on the Islands of St. Ucorge and St. I'.iul, tiie seals
pass regularly through the channel which separates the Island o! OunalasUa from the
Island ol Akntaii, and that which separates Akutan from the Island of I'nimak, called
respectively \\w. Akutan and Lnimak |)as8es, and it is here ihal the sealers lay in wait for
theni on their passage.
It is niaintaiiKd that the capture ot seals id ihis :■ anncr is in violation ol section l'J."'l>
ol the Revised Statuies of the I'nited Statis, and that ships i^o capturing them are within
the linnls ol Alaska tiTritorv or ni the waters thereol.
I5ut, apart from the (|ucstion of territorial linnt, and right to seize vessels in the open
sea, it is argued by impartial persons that unless some anangement is made lor the|)rotec-
tion of these valuable animals on tlnir passage to the breeding-grounds, the (jenus, as in
the ease ol beuver, will graUunHy become extinct.
m
It is a known fact, that few, if any, seals |)ass outside the Ishnui of Ounaiaska to
tlieir liricilinjj-grounds, wiiieh exist only on the l'ril)ylov Ishmds, und tliat their passage it
U9 rej'ular as tlieir breeding season.
No. 61.
Sir L, IVent to the Mari/uiii of Snlinhury, — (Received Se/ilemhrr 1.)
My Lord, W'ashinyton, Auyunt 22, 1887.
SINCK writing my preceding despatch I have received privately Ironi Mr. Ilayard
CO|)ies of the Reports of ('a|)t;iin Sliepard, alluded to therein, respcetiiig the seizure of the
Uritish vessels ".\niia Hcek," " \V. 1'. Sayvard,' "Dolphin," and " Grace," copies of wiiicl-
1 have the honour to inclose to your Lordship herewith.
The State Department is not in possession of any further information.
1 liavu, &e.
(Signed) L. S. SACKVILLK WLST,
I'.S. — I have communicated co])ies of Captain Shepnrd's Keports to the Governor-
General of Canada.
L. S. .S. \V.
Inclosure 1 in No. 51.
.)//■. I'liirchild to Mr. ilaijard.
Sir, Trciism-ij Dppurlmi'nl, Ainjiisl 10, l.^'H".
I HAVE the honour to aeknowledu'c the receipt of your letter of the l.'5th instant,
in which you refer to information received through the Uritish Minister as to the recent
seizures hy United States' rruizers of three British Columhian sealiiig-sehooners in Hchring's
Seu, and rcipiest such inlornintion as this Department possesses or can obtain from its
.Agents relative to said seizures; and, in reply thereto, I inclo<e lurewitli copies of the
Reports of tile ('aptain of tin Revenue cutter " Rush," dalid the till, lltli, and Ihth
ultimo, reportini; the seizures ol'th'.' Brilisli steam-schooner " Anna lieek " on tlit' -'nd, tlie
Hrilish steam-schooner " W. I'. Savward" on the \>\\\, the British steam-schooni r
" Dolphin
ultimo.
the I'Jth, and the British steam-schooner "(irace" on the 17tl:
Rcspectfidly yours,
(Si-ncd) ('. S. KAIRCIilLD, Secretary.
Inclosure 2 in No. 51.
Captain IShepard, U.S.R.M., to Mr. Fairchild.
United States' Revenue Marine Steiiiner " Rwili,"
Sir, Oiinala.-hi, A. 7'., .Inly 4, 18S7.
1 ll.WL the honour to report to the Department the seizure on the IJOth June of the
Rchooner "Challenge " ol Seattle, Washington lerritory, II. B. Jones, master, and Albert
Douglas, of Seattle, Washington Territory, ['resident of the Douglas Fur Comjiany,
managing owner, for violation of section I'.Xil, Revised Statutes, — the having skins of
female lur-seal and skins ol unborn seal on board, which latter the ea|)tain and mate
admiited were taken from the female seal killed by themselves or the crew of the
vessel.
The " Challenge " when found was anchored at Akoutuu Island, Alaska : I took her
in tow of the " Rush," and |)roceeded to Omialaska and delivered her skins, 151 in
number, to the United States' Deputv .Marshal at tiiis place, and have taken her arms and
aminumlion on iiuard the " Rush" lor sale Keeping.
The eri'w, consisting of lifteen men all told, were shipped at Fort Townsend,
Washington Territ(<ry, by II. Bash, United States' Shipping Commissioner, and were found
present, excepting W in. Couratz, of (Jermanv, seaman, whom Captain Jones rei)orts was
taken siei< and sent ashore at Goose Island, British Colinnbia, and 1 lines, an Indian of
British Columbia, was shi|)ped in his stead at that jilace.
On the 'Jiid July, in latitude 54° 58' north and longitude 1(17° 26' west, Cape
Cheerful, Ounaloska Island, bearing south-east \ cast, (iG miles, i boarded and examined
81
tlie Hritisli stpain-sclinnncr " Anna licck." of X'ictoiia, liritis;!! f'nluMil)iii, l^oiiii Olscn, master,
,I()f |{ns(|uit. of V'ic'toriii, Hrili^li ( 'oluniliia, inaniiL'niir owner, on ii siMlini; voy»t;e, and
ImviiiL' aliout IVM sealskins on hoard, nineteen ;)!' winch tlio eaptain adinilteii were talxcn
in l{ehrinj,''s Sea. I lis hoats had reeenily liec-n t:il\en out ''f 1 lie water, and eonsiderahle
I'rcsh seal hlood and •.'iirry were t'onnd on deck, indieatini; tirit seal had li'cn >l<inned and
dressed on bearil that dav. I seized the vessel lor vmlition of siclion lO.Vi, Kevised
Statntes, took in tow, and proecedeil to OiMiahi'.ka. This m'svcI was se'Jii on the .'Idth .lunc,
in nearly the saini- position as when wi' loniid her, hy Captain Aau'C, I'f the steamer
" Dora," with several hoats out huntinir -eal.
I found on l)oar<l a erew ut nineteen nieci all told (ncven white and t"elvi' hwhans),
and the captain reported tiiat on the ."'.(Ith .linie two boats containing; two it- Hans each
were lost in the loi; and eoidd not he I'omikI, in addilimi to the abov<- innnhi r.
I have delivered the ".Anna lie(k,"with ontlit and :t;'>l seal-?kni», to the I iiiled
States" Dep.ity Marshal at Oun alaska. .No arms or ainmniiition were found mi hnard.
,\s the ofliei rs of tlnse \osiK have to he niki ti heliire the I'niteil .^latcs' District
Court at Sitka for trial, to whieh place tlieie is no e-tabli^hed mode of eonvevaiiee from
here, I have placed tne iilli'crs and crews of hntli vessels on hoard the schooner
"Clialleni;e"anil dispatched Hciijamin l,(ireii/en, one of the crew of this vessel, duly ipialitied
as a hepiity United Stales' .Maishal, in charjic, to Siika, with instructions on his arrival ut
that place to deliver the vessel, eaptains, and mates to the United States' .Marshal, aia' to
set the crews at liiierty. I,oic:i/en to remain at l<iika until the ariival of the " !{usli " at the
end ol the season.
1 am, &c.
(SiL'iied) L. (;. SHIil'AUD.
Inclosurc 3 in No. .jl.
Ciiptiiiii .<fir;niiil, I'.S.I'.M.. Id Mr. Fdirrliild.
Uiiilril !<liilr.i lii'iiiiiii' Miiiiiif lili'dinrr '• /\'(,.>//,"
Sir, Oiiniiliiski,. .Ihi..l„i, .liil,/ \\, iiifi~.
I F1A\'K the honour to inform the Department that on theijlh .July in the nehriiiLr's
Sea, latitude M' 43' nortli, longitude Iti"^ .">r wi>t, Cape Checrlul. ()unala.-ka Island,
hearing south-east, true IV.) miles uistant. I hoarded and exainincil 'he l?riti<li ^ihooner
"\V. I'. Sayward," ^tU'l'.l tons rc-isti r, of' N'icforia, Mntisli Cohimhia, <ieo. It. I'errv,
master, and W. D. Warren, of' N'ieloria, British Ci.lumhia, inanaiiin;,' owner, and found her
to he on a sealing voyat^e — had hceii four days in the liehriiiir's .Sea.
The captain re|)orted AH.') seal-skiiis on hoard, si.xty-four of which were t dxcn In the
Hehriiir's .Sea. Kouiid the vessel under short sail, and one canoe and two Indians out
hiinliiii;' seal.
Her crew consisted of six white men all told, and seventeen Indians fmni Biiti-!i
Cohimhia, and two Indians heionirin;,' to the crew ol the liiitish scli(.oner " Anna iieek,"
wild had lost that vessel in a I'ol;. I took cliaiLie of the vessel's jiapers and si i/ed ! cr for
violati<ai of section lifafi, ficvised Statutes; took her in tow and proceeded to Dunidaska,
arnviiiL' at midnight.
I lia\e delivered the fS.'i seal-skins limnd on hoard to the I iiitcil Stales' Deputy
Marshal at this plare. and will send the vessel and her crew to .*<itka. .Alaska, in charge ol
one of the erew of this vessel duly (puilitied as u United States' Deputy .Marshal, with
instructions to deliver the vessel with her outfit, t!ie captuin and mile, to tiie United
States' Marshal at Sitka on arrival at that port, and to set the crew at liheriy.
I am, &c.
{>ii:ned) I., (i. Slli;i>,\RD
Inelosiire 1 in No. "il.
Vuiilaiii !<li<'j)iiiil, I'.S.U.M.. to Mr. Fnlrrlilhl.
I'nileil aidh's' llirriiin' .Miiriiii' Sti'iiiiH', •• l\iisli,"
>^]i. Oiiiiiilii.iliir. Jhi.slid, Jiihi \'^. I "^^7.
1 llAX'l'; the honour to inform the Department tliai on the 1-th .lulv in the Hclirinn's
Sea, latitude M" .'»•?' north, lonuiiude Kir" .'-O' west. Cafe Checrlul, Ounalaska Isl.nid,
hearini; south-east ^ south, K) miles distant, I boar<led and examiiu'd the Hiitisli stc.im-
sehooner " Dolphin," GO ,'„"„ tons leaister, of N'ietorin, Itritish Cohimhia, J. D, Warn n,
[ 1 28 J M.
82
ina.stfr iiikI iimnaniiig owner, iiiid found her to l)i' on u scalini; voynjic 'P'lf vessel had
been three diiys hi llie IJihring's Sea, iind had (ilH seal-skins on hoard. Ten eunnes and
one hoat were out huntint: seal at the time. From the canoes twelvi! or more dead ."ieal
were taken on i)(>ard the sclmoner while we were near lier, and three; skins troin seal
reeenlly killed were Ibi.: d in the hoat. Seized tlir vessel lor violation ot section 19'>6,
Revised Statutes, and tninslcrrcd her arms and ammunition on hoard the " Ru>h." >iz.,
4 hrei ch-loadin^' rides, L'(i hiccch-loadinu' shot Liuns, 10 nuiz/lc-loadini,' shot i:ui\-, I homh
jjun, 1 revolvers, .'!,I(I4 rounds aniinunitiim lor ImcccIi luadini; rilhs, "i.'id rounds
aminunitiun for shot i:nns, I kcirs imwdcr, .0(1 Ihs. shot and other small :nninuniti<)n.
Seized the I lirceeh-loadini; rifles and ammunition for same lor vioiiition ot section l!),"i,'».
Revised Statute s, and scetinr. 1, I'..\ecntive Order No. .VI, dated the 4th May, |h87. 1
placed Lieutenant Dunwoody in charge, with instructions to take her info Ounalaska,
where she arrivi'd the followinjr day. The erew consisted ol •-rven white men and twenty-
six Indians from Ihitlsh Cuhiinhia.
On the 17th .luly.iii tlir lichrinu's Sea, latitude .'(j- A' north, lon-itude Kjn" 40' west,
Cape Cheerful, < Junaiaska Island, heaiin;; south-east \ east, !»•) nnlis distant, 1 hoarded
and examined !lii' Ihilish ■•Icim-schiionei' " Clraee," 7'i ,'',,",, tons rej^istcr, of N'ictoria,
nrilish Cohnnhia, William I'vlit, ma-ter, and .1. 1). Wairen, of \ictoria, Hrili-h Cohnnhin,
niaiiaj;inir owner, and found her to he on a sealing voyage; had h.cn ten days in the
Hehring's Sea, and iiad 7'">II seal-skins on hoard. \\ hen hoarded .-he had twelvi! canoes
and one hoat out himtini; seal. Saw one seal siiot an<l taken into the hoat while we were
near her. Counted twelve seals taken on hoard the schooner from one canoe, and all the
canoes contuined more or less seals rcjcntlv killeil. The captain reported takini; ninety
.seals durinic the day and l.'.O the day previ')U^. Seized the vessel for vie)|,ition of
.section l!l")(i, Uevi.-eel Stitute s, and 1«o hreeeh-lejadin.; lilies ami ainmuiiilie)ii fe)r same;
fen' vieihitie)ii of sictiein l'.);")j, Ue'vi>eei Stalutes, anel see'tion 1, I'^xeeiitive ( )reler Ne). '),'{,
datiel liie 1th .May, 1>'N7.
Ihr ere:w eeiii.-isleil e)f (i wiiite' men, '_M Inelians. a;iel I Chiniman. I'iae'cel Lieutenant
i$enham in ehar«;e', and alter waiting seven heiurs feir her canoes to relarn — se)ine of
which liael hee'ii a le)n;,' eiistane-e fremi the vessel — took her in tow uiiel ])roeeeeleel to
Ounalaska, arrivini; at !)'".0 a.m. 1 li-'ve delivereel the se'al-skins from these vessels
to the I'nite'd Slate.s' De|)uty Marshal ai this ])laee. anel will send the vessels in eiiarire uf
men frenii this vessel duly ipialitieil as L'niteel States' l)e|iuty .Marshals tei Sitka, to he
dclivereii te) the I'nitiel Stato' Marshal lor the; district of -Alaska.
liy le'ejuest e>f Captain .). I). Warren, e)f the- '• Deilphin," mana^diifc owner e)f (he
sehe)e)uer "Anna lie'ck " (seizeel the "Jn;! .luly, as previe)iisly iepe)rted), 1 will seni her to
Sitka in like' m.inner.
.Vise) on the- IHlh .Inly, in the l'.ehriiiy;"s Sea, in latitude .")")" 4G' noi*h, loni;ituele
170 .'iN' west, Deliiiii I'eiint, Si. (ieorjic's Island, heariuiC iu)rtli .SO' east, (iS uides distant,
I hoareli el ;iihI e',\aniineel the sehoenier •' Lily L.,"' '!•> I'lj',, tons register, id' .San Francisco,
Calitornia, .1. W. Toeld, nia.-ler, and C. I). Laelel, eif San Kruneise'o, manaKini; o viier, and
found her tei he e)ii a sealing voyage. Hael three hoals out at the time', e)ne e)f vhich on
returning te. the vessel ee)ntaiiieel two seal re'e'cntly killeel. Captain Toilel anel .M.'. Ladd,
represe'iiting the- e)ttner, aeimilte'el they came inte) these waters fe)r the purpose, and had
taken se'al in the- Melniiig's Sea, anel claiiiie'il a right tei de) so anywiiere! outside the O-niile
limit freiiii the >heire'.
I se'ize'el the vessel lor vie)latie)n eif se'ctiein l!)5(i, Keviseel Statutes. There bcinR only
iwe) e'e)minissii)neel e)tiieers on heiarel this vesse'l, 1 plae'eel Ihiatswain Winslow on hoarel the
schooner tei repie-enl the' Limted .'^latcs, and iiistrueteel her captain to take her into
Ounalaska, which he agreeel tei elei, there lie'ing too niueh .sea running at the time to under-
take tei low her lei thut place.
On her arrival I will make further leport tei the; De'partment.
I am. &e.
(Signed) L. (;. SIII'M'ARD.
No. 52.
Admiraliy to Forcujn Ojjicv, — (Received Scplvmhcr 7.)
Sir, Jdmiralti/, t>eptemhcr H, 1887.
I AM cominandeel hy my Lords Cotnniissioners e)f the Aeiniiralty to transmit to
you herewith, feir the perusal of the Muiejuis of ■■Salisbury, the acconipanying copy of
a letter of the 'Jtli August from Uear-Admiral Sir M. Culnie-Seymour, with its incloBurcs,
83
rc'8|i(!ctiiiif the seizure of the IJritisli ('()luml)iiiii .seuliiii;-s(liooiu'rs "Anna IJeek " unci
" \V. I'. Sayward," l)y iiii AtniMicaii Ucvdniie stcmner in llic Hi'iiriiiLj's Sim.
1 ant to rei|iu'st that these (iocumcnts niiiy lie torw.irded to tlic Colonini Odiee, witli a
rciiiicst tlml tiiey niiiy eventually be returned to tliiK l)e|iai-tnient.
I am, \c.
fSi-ined) H. IJ. ANVDJIY.
Iliclosure I in No. 'i2.
Kfdi-.lihiiinil Sii/inniir to .iitmiiiilhi.
^\r.
" Triumpfi," III Ksiiiiiiiiiill, .Unjust {), 1887.
IN eoiifirmation ()(' my teieirrntii nl' till' 'ith iiistnnl. I have (he honour to report the
Hritish Columhian sealinu'-sehooners " .\nna lieek," " l)n||)hin," and " W. !'. Sayward"
were seized in the l>elirin","s Sea. hetwien the 'Jnil and I'-'th .lulv hiit. hv tlie American
Uevenue steamer " liusii," and were towed to Ounalaska.
.Mr. Andrew Lainu, mate and part owner of the " \V. I'. Savward," eatui- down here
and returns to-dav to Sitlia. ile lias made the follow in'.; statement to me : —
'• '{"he ' W. !'. Sayward.' of Vietoria, entered neiirin^'s Sea on the i.'nd July, liaving
on hoard 17!) skins, proeiirid off tiie wist eoast of Vancouver Island, A'e. On the !)tli
she was seized l)y the 'Hush' ahout "»ll miles to tlie northwiird and westward of
Ounalaski', and was towed to Ounala-ka, which took twelve hours. The skins on hoard
were put intr) a liy;hter and t;iken to the Ala-I.a Counnereial (oiupany's store. A <|uarter-
master was ])ut on hoard ami the schooner sent to Sitka, the eap'.aiii ami myself heing
hroii^ht hcfoie Ju(l'„'e Uawsoii and hound over to apjicir on the L'L'nd August to answerj^a
ehar.w of Icilling seal* in American w, iters.'
" .No seals whatever had heen tikeii since we entered Hehrin;;'s Sea."
I am inlormed that as the " Olympian,' nn American excursion steamer, was leaving
Sitka, she saw a steamer "omim; in witii several schooners in tow.
I inclose a copy of ti indictment .igainst the " \\'. I'. Sayward." a copy of thc'dcelura-
tioii made hy .Mr. .\ndi'cw l.ainir iiclore a .Notary I'uhiie at \'ictori:i. and also a cutting from
tiie Vietoria " Daily Colonist."
I have, &a
(Signed) M. rULMK-SEV.MOUIl.
Inclosurc 'J in No. '<2.
in the District Court of the United States for the District of Alaska.
United Stiilcs V. (iro. li. i'eif/ iiinl .(. Liiinij. — liitoriiiiitioii.
District of .\laska, ss.
(;i:()IU;i-; K. KKHUV and a. I.ain- are accused hy M. D. Hall, Tnitcd States'
Di-lriet Altoiiicy for .Alaska, hv this iiiloriiialion, of tiie crime ol kiUiiii; I'lir seals within
the waters ol Alaska Territory, commit tul as follows : -
The said (!eori;e I{. I''eriy and .\. I ain,'. on tile Stli d;iy of .Inly a.m. I^*"*?, in the
District ut'.Maska .'ind uilhin the iurisdietion of this Court, to wit, in lieliriii;_''s Sea, within
the waters ol' .\laska Tciritory, did kill ten fur sciis. contrary to llu' Statutes nf the Cniled
States in such ease made and provided, and afiainst the peace and diunity of the United
States of America.
Dated nt Sitka tlie 2:ird day of .luly, 1897.
I. M. I). I'all, l,'nlt(-d States' District Attorney for Al,i.-ka, iH'iii:,' duly sworn, say the
williiii iiiHirniatio'i is true, as I verily helicve.
(Si!:iicd) M. C. D. HALL.
Suhscrdicd and sworn to hcfore me, this i?.'ird day of July .\.i). |.Ss7.
(Sinned) II. K. II.wikin. Ch rl:
{V>\ A. A, .Meyer. Deputy Clerk).
I 'I ililV thai the witliin is u true cepv of tiie information filed in the cause.
(SiLMiedj II. K. lIwiKiN,' CIrrL-
(\\v A. A. Mever, Depute Clerk).
[128] .... ^^ ^
M
IVrsonully a|>|K'aii'(l Ijcl'orc use, Montafiiic \V. Tyrwliitt Drake, Notary I'uMir, iluly
nutliiii'i/c'(l, adniittcil, uiul sworn, rcsiilin;^ and |iractisin<; in V'ictorlii, Dritish Coliiinhif),
Andrew LiiiiL'. mate ol' tin- Itritish seliDoiur " U'. 1*. Saywanl," who slntes the ahove-
written inlorniation was served upon him hy Mr. M. I). Hall on lie 2.'tr(l .lely, H*^?.
(Signed) .M. \V. 'rvitwnirr DitAKi:, Satnnj I'uhlir.
Iiiclosure 3 in No. .OS.
Dirliinilioii,
I. ANDKKW i.AINr..(.rVietnria,m;itei,rther.rifish seliooner " W. 1'. Saywnrd," do
golcnndy and sinceiciv deelare that I lelt Vietoiia, ISriti-i) (,'iilumhin, in the schooner
" \V. I'. Sayward " nn the Hllh dav of Mhy, |s*>7, Ixmnd on a se.hn;^ voyi»i;e, with a crew
ol seven men and sixteen Jiidian hunters with ei^^ht canoes. We eoninienced .sealilif; o(f
Ciipe Scott, on till' north ol' N'aneouver Nl.md, and kille(i \7'.> fnr-seals in the I'acdic
Ocean, and cntencj the liehriiin's Sea on the '.-nd .luly, 18^r, passim; between Uinnuck
Island and tiie Island ol'the h'our Mountains. The weather was veiy thick and foggy, and
W'j did no sealiii',' in Uehrini;'s Sea ii\ conse(|Ucnep.
On the !)th July we were captured hy the United .States' stcatnei " Kiclmrd Rush,"
heing then from !!<• to 10 miles olftlu' nearest land.
We were taken in tow to OuualasUa, where wc arrived on the 10th .lulv, and tlicy luid
\is alon;;side the steamer "St. Paul," l)eloiii;inj; to the Alaska Coimnercial Coinpiiny.
'J'hey rcinoired the sealskins and took them ashore to the wharf and put them in the
Company's warclKnise, ami they resaltcd the skins with silt taken from our vcs>el. 'I'hcy
])Ut an ollicer t'roui the " l{u~h " on board and towed us out to sea and told us to ^) to
Sitka. ^Ve arrived there on the 'JJnil .July, and on the ne.xt day an invcstiiration was held
before .liidgc Dawson, who bound n^ over to appear on tile l.'.:nd Aui;ust for trial, '{"he
vessel was Icit in ehari;e ol' the United States' olliecrs, and we were only allowed to
remove our clothin!;. The Indians were left to fuid their way home as they could;
they were about 7<»l) miles from their villaires. 1 tintliur say that when we were
taken I spoke to the Captain of the '■ Hush '" and told him we had not taken a seal in
nehri'1'.^'s Sea ; he replieil ; " 1 am ■•orrv (or von ; I have to obey orders, and take cvery-
thini; 1 come across in hjbring's Sea." .\nd I maki" this solemn deelaiMtion by virtu<' of
the .Act jjassed in tin. thirty-seventh year of Her .Majesty's reign, intituled, " .\n Act for
the Suppression of N'ohmtarv and Jvxtra-Jndicial Oaths."
(Signed) A. LAING.
Taken and diclared hetore me at A'ietorin, this 8tli day of August, J887.
(Signed) .M. W. Tviiwiiitt Dk.vke, Notary Public.
Inclosure 4 in No. .02.
Exlrncl from I he " Victoria Diiili/ Colonint" of Auijusl 6, 1887.
Se.m.krs Si;izi;i). — .\\()tiii:i! I'iii.viic.m- Act hy riii'; Ami,iuc.\n IlEVKNirE
CurricKs.- The " (Olympian," which arrived from Sitka yesteiday, hrounht the startling
news that another lot of IJritish and .\meriean schooners had been cLi|)tured by the
llevenue culttr " liush.'' and taken to Sitka, and that as the steamer was leaving the
Revenue entter again hove in sight, having a nundjer of schooners in tow. Those in .Sitka
arc the \'ietoria schooners " l)ol|)hin," "Anna Reek," "(ir.ice," " \V. 1'. Sayward,'* and
the American schooner " Challemier," of Seattle. With the schooners seized last year this
makes seven Rritish vessels now in charge of the Alaskan authorities, and they will, no
doubt, be added to, as it seems the intention of the Americans to seize every schooner that
they can secure anywhere within the wnters of IJehring's Sea.
It was not thought probable that such mciisiires wonlil have been taken in the face of
information received from Washington and (Jttawa; however, a lack of di|)lomncy or of
energy seems to have prevailed, and no decisive answer was ijiven to the oilicial <|uerieg
made to the United States' authorities in regard to the j)rograinine they purposed following
during the present .season.
'i'he lollowing statements of several of the captured sealers is taken from the "Alaskan"
of the 3()th July :—
Cai)tain Olsen, of the steam-schooner ".Anna Hock," stated : —
" i left Victoria on the 7th February last, clearing at the Custom-house for the purpose
M
of II scaliiii; iiikI tisliiim tri|» to the west coast ol' Vaiicmivrr Isliind, tho North I'ncific
Oi'ciiii, 1111(1 till' IU-liiiM'.;'n Sea.
" At III'' tiiiii' tli<' |ia|u'is were issued liy Mr. A. H. Milnt, ('nlli'cior ol' ('iistoiiis, iio
tliilile no oliM'i'vation aliimt my vessel li><liin(r in Kelii iii;,''» .Sci ; iieitlicr did I say any
tliiiii: to liiiii. I sii|)|H)M('d, Innii liic lad that the |pa|i('r>< wcic issued L'iviiiu' nil" sueli
|ieiiiii«siciii, there was no reiisnn «|iy I slioiild not tisli in lieliiiii.;'s Sea, and liad 1 aiitiei-
paled that tiiere vvoiiid lie any Innilile I would mil Ii:im' stiiiteil on a voyage Cor sueli ii
]iiir|iose.
" It was the eoniinon talk aiii(inf:st the people of \ ieloiia -.nut we weie p<'rl'eetly safe
in tisliinir. as the Anicrieaii (iovennnent would not inuke any sei/.ures this season. I don't
niideislaiid v.hy my vessel was seized, a» pfMsoiiiilly I was not en;.'ai:ed in entehiii!; seals.
I piii'eliase tile seals from the Indians for the iinners of the seliooiier, and 1 have no control
wlialcver on the natives after tliey le.ive the vessil in their own canoes. I am not
n.'spf)!isil)le if lliey ciiteli seai.s after lliey have left the scli(jonei's side ; they can come and
U'o win II ihev pliase."
Hritisli
(ieori^e It. Kerry, the ( aptain. .\. I.;iin>;, the mate iind pari owner o! the
W. V
Savward
d Mi
veele, male ol the
it
'aiil
\\ (' liavi' iieard read tl
pariii'iilar.
tatcnient of Ciiptain Olsen, and aLrice willi ii in e
very
Michael Kecle: ' It is cerlainly a straiiL'e tliini; for the Ciistom-lioiisc at \'ietona to
have issued jiapers to us perniittinf; tisliini; in lielirini:
should the Collector have eleaied the vessel:
I'll. If it was not ]e;ral, why
'I'lie mneral idea ol sailors is that no
t'lisloin-honse will issue papers to any vi<sel to y;o and do an illi';;al act.'"'
"('.i|)taiii II. 1$. .loiies, of lli(> American schooner ' ( 'hallenner :' — 'I left Seattle on
the I. '.til .April last, eleai ill!; at I'oit 'rowiiseml at the ( 'u«t(.m-iioiise fur a huntiiiL' and
wahus trip to the North I'acitie and ;\ictic Oceans. 1 sculcd w, |||(. enast .'id or -10 miles
lar nortli as the Aleutian Islan
I iiavi' iicM'r I'slied fur
III
I'hriii:
Sea. .My schooner was seized in Akutaii llarhour. whitl.er 1 pioeeeded for llie purpose of
cicaniiij; the holtom of the vessel and takiii,' in a supply ol water. Tlie harbour is on
■ \kutan Islaiwl, situated nearer the I'acitie Dceaii than the liehrin^'s Sea. There are two
|iassai;es helwceii the North I'acitie Ocean and the lieiiiinu's Sea at that point, one being
lhriiu"li
Aki
iim i'ass and the other ihroii^'h rnini.ik I'ass. 'I'iie .Akuiii I'ass In
ill of
eel's and the I'liiniak I'ass heiiiLr cumparativeiv sa
I
II IV vesse
and t
lie 1
eliose the
latl.
inlendiiiLr to clean
iKc in a siippiv ol wa.ei.
Wh,
wheliier to come hack in I lie Pacific (J{ can or to ke
anelioie<l there I had not ipiilc dei'ided
111 iioilli, hound lor the .Aictiu
CJenin, mv destination.
'11
le eliarue ai;ainst me is ol (\iteiinii' -( als m
Mask
in waters.
liiat is, within 15 leagues of slion
Viiv one who knows aiivthiii^' of sealini; is aware that
such a clmriic is lidiculoiis, as we never look for seals within liO iiiihs ol shore. 'I'liey are
eauirlif all the wav from between 'Jn and I.V) miles of li.e land. The seals we packed up
our vessel were shot between Cape flattery and Saunakli, situated -Id miles
lib
St of l
nima
k Isl.l
.Ml this territorv lies within the .Noiih I'acitie Ocei
What
If
'' pieseiit sei/.iiics more incxplicjihle is the tact that li.e Hritish
schooners seized last year were ordered to he released by .Attoiiiex-Cencial (iarland, as is
shown by the loilowin;; copies of the orders in the |)ossi s>iiiii ol Came and .Miinsie, of
this eily : —
(Co|>y of 'J'elegniin.)
" \]'ii.ihiiii/t(i7K l>. ('•, .1(111111111/ "jO, ISS".
"To Judge Ijufayettc Dawson and Mr. I). Hall, District Attorney, Sitka, Alaska.
" I am direeted by the I'resident to instruct yon to (iiscoiitmne all further proceedings
in the matter of the seizure of the British vessels ' Cridline,' ' Onward,' and 'Thornton,'
and disebarite all vessels now held under such seizure, and release all persons lliat may be
uiidiT arrest in connection therewith.
(Signed) "A. II. Ci.\\i\.\si). Allor)iiii-(leiicr(il."
(Co])y of Order.)
"To Harton Atkins, United States' Marshal for the District of Alaska.
"You arc hereby directed to iclease the vessels ' Carolina,' ' Onward," ' Thornton,'
and 'San Diejjo,' wliicli were seized in Ikdiring'.s Sea lor \iolation of section 19.jtj, United
80
Stutca' Statutes, togctlier wit)i tlicir tuckk-, upparul, xkiiiH, guiiN, aiiiinuiiitioii, sinull lioiitti,
and t'vt'iy tiling |ii;rtuiiung to said vi'ssc's.
"Tills I'JtIi day of Fclirunry, 18 ,7.
(SigiiKJ) " I.AKAVKiri: iJ.vwsov,
" Diltri l JikIijv, Dlstriil nf Mnxlm"
It wuuld appear Ikmii tin- aliuvc thai the (Hi ted State^t lia<l uiveii up tlic foolisfi
contention of posM'ssing tiie luntrol over the lii{;li seas. The following letter was received
liy Mr. Muusie Iroiii the Deputy Minister uf Fisheries in re|ily to a letter : —
"Sir, "Ollinrn, .Ipril 2, I ."^7.
" ITnvinu: refcrencoto your iiKjuiry on the sniijeet of elainis for isideinnily on tlii' part of
the owners of the Canadian sealiii^-vessels seize(l in Hi'li!in^''b Sea hy the I'nitcd Slates'
Revenue cutter 'Corwiii,' who have liccn arrested and released ; also tl':;t the conciusioii of
nny (piestioiis involved is icscrvcd for the present ; and to iiilbrni yon that the (loveni.nent
lias forwarded to the lioinc (ioveriiinent the details of your claim to he indeninilied for
tiie loss coiiseijuent iipon the seizure of your vessels,
" 1 am, vVe.
(Signed) ".lonN Tii/rox.
" UppultJ Miiiislrr (if lu'ilirrio."
Again, in answer to another letter, Mr. i\lunsie received the following reply: —
" Dear Sirs, " Olliiini, Jul,/ 2(!, 18S7.
'• 1 have to aclcnowledcrc the receipt of your letter of the I'.Kli instant, addiessid to
the Minister of Marine and Fisluii.'s, in which you state, ' \\\- have not received a single
word I'roiii the United Slates' (iovernnunt ahoul the " r( lease of the vessels," ' refirriiig, of
course, to tliosr seized last, season.
"On the "Jiid .\j)ril last 1 coimminieateil to \om the dceisioii of the President of the
United States, in so llir as releasing the ves- ;, ^'e., which letter you .icknowlcdged.
" Have you inaile any application for (h surrender of tiie vessels, or have you reason
to siip|ii)su the I'nited States' ( Joveninieiit would eoininuiiieate the action to you hy other
nieaiis than the ordinary ollicial channel ?
"'i'liis Department lost no time in eoiiiiiiunicating the decision in (jucstion to you,
with the exjieetatiou that you would at once take steps to regain possession of the
vessels,
" I am, \-e.
(Signed) ".hiiix Tilton-,
" Dppiihi Miiiislci at' l''lsliirii's."
rom tlie above o
liieial
orders ol the .XuK'rican authorities and
th
the Dominion Government, scale
cijrrespondence of
rs here were (|uite natural in lielieving that no further
seizures would he made (luring the |)reseiit season. However, the reverse is the ease, and
the Ameiitiin authorities have evidently fully prepared in order to do as much injury us
ssihle to the sealiiiL' inti rests outride tlii
controlled l)v tlu' Alaska (.'
foil
Ow
I'.rili
ners ot ve.-
imd .Ameiitau sealers haw fared alii.
latl
er proiiaiilv
th
nereial
worst.
here are nafuially indigiiant at the turn ot ailairs, and think that more
letinite iuforiiiatioii should have heeii uiveii them liefore their vessels sailed as lo the
inlciilioiis of the Aiiu'ii
X
ow that they are seizi
'1 th.
y emisider the Imperial
autiiiiiliis should nie.ve at once ill the matter, and demand instant redress from the
i:
St'.ites for a hieaeh of international law, and for the (hi
sustained hv liritisli
subjects while legallv fishing oil the high seas. J'licv are heuinning to wonder if, indeed.
I'Jiiulaiid is mistress oi tho se.ts when such lii'h-hii
1 iiiratlcal acts us those periietr.ited
last
trivi
mid
auMMi repea
ted this
are tulovvt
d to occur without some iivotcctioii hcinu:
II to liritisli siibjeets or redress secured lor damage done to |)|-operty and interests nl
tne liaiuis ol AiiKrieans.
F
.11 the
A I
iskp.n " is also gathered the tullowini; in rcLiard to the disMositioii ol
th:;
last, vear s seizures :
ir.-
lai
Atki
ns
notified hv Demitv-M;
nslial
An
)ii of Oimalaska. that
the Commaiuier of the steamer ' Rnsli ' has dehvered
his euslody 'h>-i lur seal-skins
IIM'ill
liritisli se
the dili'.'icnt prize vessels, the American sc^honner ' C'liallenger,
W
P. Savward '
Jn-ck
id the
.Ml the above-mentioned .seal-
were paek(xl and salted in a kiiieli in o:ie of the Alaska Commercial Com|)any'
w.ire!io'.i;L's, awaiMUii
her iiisiruel
from tlu' Marslial.
«7
"Thf ' Anim Heck' lins liccii (lisiimiitlcd and a coniplcti! inventory taken of tvery-
tiiiiii; on i)nar(l.
"The li,fl>»'2 sfiil-skihr, flic result dI last yeiir's seizure^, were sliipjx'd consisfned
III tile Mai^lial nn the Alaska ('niniiien ill! ('iiiM|iai!y's steamer ' Dora,' wliicli Irll Oiinnlaska
(in tile Ntli July lioinid to San Francisco.
" Niiieiei II liidiaiis ami tliice sailors, lielonf^inj; to tlie ' W. V. Payward,' and two of
llie ' ( 'lialliiij.'ei's ' erew, left Sitka ill the early part ol'tlie week on board several canoes
and line liout, '/I i(/i'/'' for N'icKiria and Scuttle. They took with thein a lar^'c siip[)ly of
provisions I'lirni^lieil hy tint cuniiiiinider of the 'Say ward.'
" .Marshal Atkins lia.s received advices I'roni the l)cpiity..Mar>hal at Ouiialaska under a
ivci'tit date, slatini; that the three Uritisli Kcliooners sei/.ed last Angiist in the liehrinti's 8cii
ai!:l 111) A' lyinj; at Onnalaska arc in ijood condition, every eare having' hecii taken to
pi'itecl tliein Irom injury. One of the vessels, which was in a lealtv ''(-ndition when first
e.iplincd, was h^aehed in oriler to save eoiitinnons iiuiii|iinir.
■•In the District ((inrl mi Tuesday iiinriiiiiir, 1 1. 15. .lones, ea|)faiii. iiul Carl Flriekson,
mall' of the sehiioncr ' ( 'h:dl( iii," r,' I.oiiis Olsen, eajitain, and Mieha I Kiel'e, male ol the
steam si liooiier 'Anna IJeck,' and (icoi;;!' K. Ferry, ca|itaiii of 'lu schooner ' W. I'. Sny-
ward," a]ipeared ill lore .liid'^e Dawson and iimde an apjilieali I' ' at llic) Ijc perniiticil to
hUirender tliiir honds on the uroinid iii..f lliey wi re devoid of the funds ii' cessary for
ihiir suhsi'i ■'.'■!■. The Conrt trninfed tlii' applieaf ion, and oriicred tliat liic defendants bo
placed in the nistody of the United Slates' M irslial.
'•The arms and animnnilion seized on ti.e schooners ' Ciiy of San Diego' and
••••■urra'- coniprisiiii; in ail nine rifle- and ^uii' and about l.ldO cartridiics — will be
sold by auetion in Sitka on .Mmiday, the Stli proximo, by the .Mnrslial. '!'he seized arms
and aniiiiunitinn lakcn IVoiii the sehoiiners 'San Dii no,' ' Thornfoi:,' and 'Onward,' —
eniiipii-iiiL' some filly rifles, bnei h-loadiiiL' u'wiis and rillcs. and several thousand round-, of
aiiiiiiiinition, — will be ollcred tor sale ;it .liineau as soon us I lie necessary instructions arc
riCi'ived from Washington. "
lliiiinid'" Oitiiiion.
The lollowin;r teleijrain is another iinollieial annoiinecment, and seems to be rather
mil Ol harmony with the ollieiid acts iif the eommaiiders ol the Kevcnue cutler^ :--
•' \\'ii.<l,'niiil()ii, .lull/ 20.
" Secretary Hayard, whin he was shown to-day a despatch frmn Ottawa, statin;,' that
' till' Diiininion (lovernnuiit is protesliiiir airainsf the diseonrtesv .liown by the United
States' aiitlmrities in iiiiiorini; its demand lor n paratioii lor the seizure and deteiuimi of
the liritish Cohinibia scalers seized m liehrinn's Sea last year,' said : — • In the first ]ilaee,
no demand was ever made to onr (iovernnicnl by any body, either for the release of the
vessels in niiestion or fur daniages for their deteiil ion ; and, in the seeoml place, if any
such demand had been made, it could not have come by any pnssibility from the Dominion
(loveriiment, with which we have absdiutely no di|ilmnalie relations wliatsuever. 'I'lie
vessels ill (piestion were released iijioii representations ol the Dritish (lovernmcnt that they
were Ibilish vessels. 'J'hey wi'ie released, because our riiibt to hold tlieiii was deemed too
ilmibK'ul to be enforced. Our (;ovcriimeiit did what it lielicvcd to be riirht in the mntter,
uithoiit eonslraint from any (piarter. The iirobability is that the "Anna lieek," alli'sed
to he a IJritisb steam schooner Irom \'ict()ria, the arrest of which by the I'.evcmie cuvter
" Hush" lor aliened violatio'i of Our .Maska Uivenue l^uvs was reported yoterday, will lie
released the same way if the facts are as alle;:e(l. The claim that Uehrinij's .'sea is a mihr
cliiusuiii upon which the seizure of t'oreii,'ii vessels for violatinir onr Kevenne Laws proceeds
seems to be untenable. Wc contended tint .' was not when Russia owned all the
territory on both sides of it. Now that we own i.alf and Russia half, it sccins impossible
111 maintain the mnrr rliiii.iinii theory.'"
What course of action will be followed by the people lure '«; not yet detorniincd, but
some steps should be taken by the Local an>I Civic (lovernments in order to emivey the deep
feeling of indii,'nati(m entertained atjainst the ri'peatcd acts of lawlessness on flu- jiart of the
American authorities, and their regret that better pi-otcetion is r.ot afforded our lishing
interests.
A. Laing, mate of the " W, !•. Say ward," arrived down from Naiiaimo last evcnins,
having left the " Idaho " at that point. He corroborates the fact that the " Rush " was
entering Sitk." as the steamer left, having in charge a nunilHir of sclioonei-s, the names of
which were unknown. The Ainericatis evidently intend to make a clean sweep of the
schooners scaii-g north (his season. Portions of the crews of the seized sehooners are on
the " Idaho " and \till arrive over from Port Townsend to-day. A number of sailors and
Indians have started for Victoria in boats.
88
ft wiia ri'portcd that C'iiptain MiniT, of tlic scliooiicr " lVtH;!o|u'," had ovfrpowcrod
the iiu'ii |)Ut (III his schooner as n [)i'izi> crow, uiid wait now on hi!! way to N'icluria wtih liis
unwillini; passongiTs.
No. .")3.
Tlie Man/uis of Halinbury to Sir L. fVe.it,
Sir,
Foreign Office, .Seplmiher 10, 1887.
HY a dcsimlcli of tltc .'SOIh Ootohor Inst the late Karl of Iddcsli'ii;li instriicti'd
you to call the attention ol' the L'liilcd Stales' Sccri'l.-iry of Stal(> to the eircuni-
stanc'i's (if the soi/.iiro in Ik'hrins's Sea, liy the iVmerieaii eniizer " Corwin," of
some liritish (Canadian vessels; and his Lonlsliip directed yon to .s(at<! to Air. .Seen;.
tan' Uayard that Her Majesty's Government felt sure that if tlu^ proeee(lin!,'.s whieh
Mere reporled to have taken ])la('C in the United .States' District Court were correctly
descrihcd, the I'nited Slates' (joverninent Wiuld admit their illei,'alily, and would cause
ri'usonalde repai'ation to he made to the liritish suhjects for tlu; wronifs to whicii they
liad hecn suhjected and for the losses which they had sustaineil.
liy a ])re^ ious desjiatch of the '.)th Septeiulx^r \ou hail heen desired to ask to he
furnisiu'd v,[\h any particulars whicii the United Slates' (loverniiK-nt might possess
relative to the seizures in (jucstion; and on the 2()tli (Jctoher you \v<'re instructed to
cuter a protest onl)ehalfnf J ler Majesty's Uovernnunit, and reserve for consideration
hereafter all riirhts U) eonijieiisation.
Nearly four months haviiii,' elapsed without any definite information heins;'
famished hy the I'nited States' (lovernment ps to the irrounds of the seizures, my
prcdec(.'ssor instructed you, on theStli .laiiuary last, tocxpn.'ss to .Mr. Itayard the concern
of Her .Majesty's (Juvcrnmenl at the delay, and to urL,'e the imnieilialc attention cif the
United States' (ioveriunent to the action of the .Vmerieau aulhorilies in their treat-
ment of these vessels and of their masters and crews.
(Jn the .'}'(l J'l'hru.ary .Mr. liayard informed you that the record of the judici.il
proceedinirs which Ik; had called for was shortly expected to reach Washiiiijton, and
that, without conclusion :it that time of any (luestions which iui;^'lLl- he found to he
involved in these eases of s(>iziiv(!s, orders had hciMi issued hy the i'resid(.'nt's direc-
tion for the discontiimancc of all pendinu' proceedini;s, the discharije of the vessels
referred to, ami the release df all ])ersous under arrest iu connection therewith.
On till! Itli .V[)ril, under instructions from nie, you iiii|uired of .Mr. Hay.ard, in
vi(>w of the approacliiuL!: lishim,' season in liehrini;'s Sea, whether the owners of
British vessels mii^ht rely when not near land on heint; unmolested hy the criiizers of
the Lulled States, and you .airaiii .asked when the record of tln' judici.al pro( ilinirs
mii,'ht he ex[iectcd. .Mr. I'ayard informiMl you, in re[dy (12th .\prii), thai the
ptipcrs referred tt) had reaehi'd him and wi-rt; lieini,' examined; that there had heeu
unavoidahle delay in IVaMiiiiL,' appro])riate llej^ulations and issuing orders to the IJniti'd
States' vi.'ssels to polici; the ^Maskaii waters; that tlu! I!e\iscd Sliitutcs I'ejatimr to
Aliiska, Secti(jns J!),")(i .and 11)71, contained the Laws of the United Slates in rcl;ilion
to the matter ; and that the Regulations were heing considered, and he uoulij inrcirm
you at the larlicst day pos.>.ihl(; what h.id In en deciilcd, so that, jivilish and olhrr
vessels might ijovern themsehcs aecordiniily.
[ii view of th(> statements nuule hy .Mr. 15ayard in his note of the lird l''ehiuary,
to which J have referred ahove. Her Majesty's (If vcriimenl .assumed that, peiidinir a
conidusion of the discussion hi^tweeii the two (jovernments on the ^'(ncral (juesliou
involved, no further similar seizures of JJritisli vessels would he made hy order of the
United States' (ioverniuent. 'I'hey learn, however, from the contenl.'-'. of Mr. Uayard's
note of the l.'5th August last, inclosed in yoiu' despatch of the L'ttli Auu:ust that
such was not the meaning which he intiMided should he att.ached to his communi-
cation of the .'{rd I'ehruary ; .and they dee|)ly regret to find a j.roof of their misinter-
pretation of the intentions of the Liiited Sttites' (Jovernmcnt from .in .innouneenient
recently received from tli(! Commander-in-eh'cf of Her Majesty's naval forces in 'he
I'acilic, that sev(!ral more iiritish vessels engaged in seal-hunting in Jiehring's Sea
have heeu seized when .a long dist.auce from land hy an .Vmerieau lleveuui; ves.scd
Jler Miijesty's (Jovernmcnt have earefulls enusichircd the transia'ipt of record of
the judiciiil i»rocee(liu;,'s iu the United St.ates' District Court iu the several eases of
th(! schooners "Carolina," "Onward," and "Thornton.' which w^^e communicated
89
to you in July, and were transmitted to mc in j'our despatch of the 12tli of
that inontli, and fliey cannot find in tlicni any justitieatiou for tlie condemnation of
tbosc vessels.
'flic lii)c;ls of information allei^e that tliey were seized for killint? fur-seal witliin
the. limits ol' .Alaska 'IVrritoiT, anil in the waters thereof, in violation of Section 1956
of the Iteviscd Statutes ol' the IJiu'ted States; anil the United States' Naval Com-
nianiler Ahlx'V ei-rtainly aH'irnied that the vessels wen; seized within the waters o£
Alaska and the 'lerritory ol' Alaska; hut aceordiiu,' to his own evidence they wore
seized T-'i, 11">, and 7*> niile-; respectively south-south-east of St. George's Island.
It is not ilis])uled, therel'ore, that the seizures in question were elTeeted at a
distance, from land far in excess of the limit of maritime jurisdiction which any
nation can claim hy international law. and it is hardly necessary to add that such limit
CMniiot hi; nilar^'cd hy any nniiiieipal law.
Tile claim thus set up apjiears to lie founded on the exceptional title said to have
hceii conveyed to tin- l.'iiitcd States hy JJussia at the time of tiie cession of the Alaska
Terrilory. The jiretcnsion wliich the nie-siau (iovcrnment at one time ])ut forward
to exclusive jurisdiclion tiwr tlie whole of Ih'hrinij's Sea was, hov.ever, nev(;r
admitted eitlnr hy this eouiilry or hy the I'liitcd States of America. On the contrary,
it was strenuously resisted, as I shall presently show, and the American (Jovcrnment
can hai'dly claim to have received from Uussia rii^lits which they declared to h(! inad-
inissihle when asserted hy the Itussian (jDvernment. Xor does it appear from the
text ol' the Treaty of 1*^07 that I'ussia either intended or i)ur])orted t') make any such
ffrant ; lor, hy Article I of that instrument, llussia aLtreed to cede to the United
States all tlie territory anil dominion Hum possessed hy itussia "on the Continent of
America and in the a'ljacciit islands" within certain u'coirraphical limits described,
ami no mention was mai'i' ol' any exclusive rii;ht over the waters of Uehrinif's Sea.
Moreover, whatever rights as rcijanls their respective suhjeets and citizens may
lie reciprocally cniiferrcd on the liussian and American Governments by Treaty
stipulation, the suhjeets of Her JIajesty cjinnot be thereby alTectcd, except by special
arraui,'ement with this country.
AN'ith ri'i,'ard to the exclusive claims advanced in times past by Ihissia, I transmit
to you documents communicated to the United States' Conijress hy President .Monroe
in J'^liii, which show the view t.'ilicn by the Anu>rican (iovernmeat of these preten-
sions.
In 1S21 the Emperor of Itussin had issued an Edict establishin;; '' I'ules for tbo
limits of naviu;ation and order of coimr.unication alouL,' the coast of the Ivistern
Siberia, the nortli-westcrn coast of America, and the Aleutian, Kurile, aiul other
islands."
The lirsl section of that Indict said: "The pursuit of commerce, whalini;, and
fislicry, aiul of all other industry on all islands, ports, and ,i,'ulfs, iiicludiiii; the whole
of the iiortb-wesi coast of Amei:ca, be^'inniiiL,' from Hi'brinLr's Straits to the "jlst deifrce
of northern latitude; also fiMui the Aleutian Islands to the eastern coast of Siberia,
as well as aloii^' tlu' Kurile Islands from liebriuir's Straits to the south C'aj)e of the
Island of Urup, viz., to the I.') .">(»' of northern latitude, is exclusively j;ranted to
i{ussian subjects ;" and sect ion :2 slated : "It is, therel'ore, ])rohil)itcd to all h)reii;n
vi"-sels not only 'o |:ini| on the coast .•,:id islands hclonirini;' to Uiissia. as slated above,
but also to app/oach Ihein \ntliin less than lOH Italian miles. Tbi- transgressor's
vessel is subject to contisealion, .iIoiilt with the whole cari;o."
A cojiy of t III se l!ei;iilalions was ollicially comniunieated to tlii! American Secre-
tary of State by the Itussian .Minister at Washini;ton on the 11th February, 1S22;
wln'ri.'upon Mr. <.v)uincy Adams, on the 'jrith of that month, after informinn' liim that
the I'ri'sidenI of llie rnitcd Sl^i'i's had seen with surprise the assia'tion of a tenitorial
ehiiin on the ])nrt of itussia, exteiiilini,' t)ther)lst dci^ree of iiorih latitude on the
Aini'iican (.'oiitinent, a,iil a ItcLrulatiou inlcnlictimj to all commercial vess.'ls other
than liussian, iijioii the penalty of i.eizure aiul conliseat ion, the ap]n'oaeh upon the
liiii'l' seas within 1(HI Italian miles of the shores to which that claim was made to
apply, went on to say that it \ias expected before any act whieb should dcline the
boundary between the territories of the I'niled States and llussia, that the same woidd
have been arrauiicd hy Treaty between the ]iartie.s. and that "to exclude the vessels of
.Ainerican ciii/.eus from the shore ln'i/ond the ordmitrti distaiu'c to which territorial
juiisilietion exieiuls has e\eiled still Lcrcater surprise;" and ^Ir. .Vdains asked whether
the Itussian .Minister was .authorized to ^'ive explanations of the "grounds of ri^lit,
ii|ion prineijiles L;eiierally recouiiized by the laws aiul usages of natious, which can
Avarrant the claims and i!ei;ulatio!!3."
[1281
N
Tlic liussian .\fiiiistor, in liis reply, dati'd tlio 28tli J'clnuary, aftor i-xplaining
liow I'lissia ,ia<l acquired lier possessions in North Aineriea, said : —
■• I iPiiLtlit, in the last plaee, to retiiiest you to (.'oiisider, .Sir, that tlm Hussian
•ssioiis in tlu! I'aeilie (ieean extend on the north-west eoast. ol' Ameriea I'roni
p()S>i
Hell
Strait to th(' olst deifrre ol' north latitude,
d
on llie opjiosite sii
le of
Asia and the islands adjacent from tiie same Strait to the ITitii d("Lrree. 'i'lii; exti-nt of
sea of which these possessions form the 'imits coin]irehcu(ls all the coinlitioiis whi(di
are ordinarily attaelied to xlnil ««,v i' iiu'is fcnin'i'n'), and the I'ussian (iovernment
min'ht eonsei|U(Mitly judu'c itself authorized to ("xcrcise upon this sea the rii^ht of
sovereiunty. .-'nd especially that of entirely interdict ini,' the enliance of I'oreii^ners ; hut
it prelern-'d only assert ini; its essential ri|j:lils Ti\ it hoi
ut taki
advantage td' localities.
(^n the IJOlh .March Mr. Adams ir]ilied to the ex])lanations Lfiven hy the I'lUssian
Minister. Ife slated that, Avilh respect to the pretension aehanccd in vesjard to terri-
tor\. it musi he eonsldeii-d not only with reference to the (juestion of territorial riy;lits.
Imt
Iso to that prohiliition
to the vess(ds of oilier nnlions, includini' those of tin
United States, to approach within Idd Italian niilcs of the t'oasts. That from the
p(
■rioii of t!
e exisieiu-e o
r the Illited Stales as a
n inilepenu"n
had frc(dv naviuatcd these se;is, the riirht to naviuatc them hcinu; a i)art of that
t nation their vessels
I)
ind(
1"
and with iv^ard to the snuijcstion that "the Hussian (Iovernment
1,
mi^ht have justilied the exercise of soverciirMly o\er the I'aeilie; ()c(an as a (dose se
because it elai.ms territory both
its American and Asiatic shores,' it niav s\iHie(
to say that the ilistanee from shore to shore on this sea, in latitude 51° north, is not
loss tliJin ninety dei,'rees of lontritUih', or I.Otlit miles." ilr. Ada'ns eoneluded as
Th(> i'resi(h'nt is persuaded that Ihi' citizens of this I'n
follows :
unmolested in the prosec\iti
"iven to ;in interdiction manil'estlv iiu'omnatihle with their riurhts.'
ion will remain
their lawful coniincrec, and that no cIVect will be
The (
(invent ion
hetwi
the L'nitcd Slates of Ameriea and Russia of the 17th
April, 1Js2t, put an end to any further ]ireteiision on Hie p;iil of Itussia to rcslrici
iiavii^ation oi' tishini;' in Hchrinu's .Sea so far as American citizens -vere concerned ;
for hy Article I it was ay;n!ed that in any jiart of the (ireat Ocean, eonimonly called
the i'aeilie (Jcean or South Sea, the respective citizens or subjects of the Iliirli
Contractini; Powers shall neither he disturbed nor restrained, either in naviijalion or
lish
savini; cert.ain restrictions whi(di .ire not material to the present
d
oljiiwinu;
similar slipiiiaiion in the Coinention bet wcimi this country .'ind llussia in the f
year (l.'ith ^lay, \>^2'>) ]iut an end, as rcirardcd IJritish subjects, to the prei-iisions
of liussia to \\liicli I have referred, and whicdi had been entirely repudialed by
Her ^lajesty's ( Iovernment in corrcs|)oii(lence with the Hussian ( Iovernment in 1^21
and 1^22, which fi
Jler Majesty's Go
more ]iartieiilar infonnat ion 1 hiclose
imeiit feel suri' thai, in vie
<{■ 1
iierein.
le considerations which
I iiave set forth in this despatidi, wliiidi you will eommunieale to .Mr. Kjiyard, the
Goyernmenl of the I'liilcd Slates Avill ailmit that the seizure anil condemnation of
these Hrilish \csscl.s, and the imprisonment of their masters and crews, wi're not
warranted by the eirciimstanees, and that they will be re.'idv to aiVord reasonable
isation to those who havi
illeri'd
in eonsciiuenee
(1
issue ininiei
liati
instructions to their naval ollieers wliicdi will prevent a reeiirreuce of these r(>L;reltab
incidents
I am, iV.e.
(Sigiied)
SALrSHintY.
No. .")4.
Sir II. Holland to llic Mnnini." of Lniixdovnr
My Lord, IhimiiKj Slrrfl, Si'iili-mher 14, 1 SS7.
\\ rril idcrcncc to jirovious correspondence, I linvc llic honour io aeijiiainl ymi, l<,r
the iiiliiriiiation of your .Ministers, that the .Marquis of Salislnirv caused to he releii'cd to
the Law Ollieers the correspondence which has passed lepectijii', the sei/.ine of the ihiee
Hiitish sealiiiir-vesst'ls, the " riiortiton,"' the " t!aroliiia," and the " Oinviird," hy ihe
United Stfiles' Kcvcnue cruizcr " C^orwin," in ikdiriiip's Sea, and tli.u Ihey ad\i.scd ihat ii
claim for coinpensa'ion inif^lit ))ropcrly he made aj^ainst the Unite;) States' (joVL-riiii.ciit.
1 telegraphed loyou on llie 7tli instant thai it was pro|.-osed to prefer a eliiiin lor
compensation against the United States' (iovernment, aiui iiKpiiiini; what uinount yeiii
!>1
Ministci's would siisu'C^I ; i)iit iis ut presuiit lulviscil il docs not si'cni to mi' di'siralilo to {nit
forwiivd till- chiiiiis wliicli iiccoiniianit'd your despalcli of tin; I.'itli .liiiiuarv, as some ot
tliein are a[)|);iri'iitly mucli (-vaL'scr.itcd, and a ncv issm? would lio raised as to tlic rcasoii-
ablctifss of the claims.
Iti tlic incantimi', the Mai(|uis of Salisi)ury has addre-scd the dispatdi, ot' which I
iiichisc a copv,* to ilcr Majesty's Minister at, Wasiiiii'.'loii, dcsiriui: hnn to comtniiuicatc it
to the Si'cictary ot State.
Youi' Ministers will no douiit taliu this inaltcr into consideration at the earliest
iiionieiit.
1 have, &-C.
(Sicncd) H. T. HOLLAND.
No. .OO.
Sir I,. IIV.v' Id I lie Miirijuis nf Sniixhnni. — (Itrreived li"ptrriil>er LO.)
My Lord, Waxh'nujtou, Si'plcmhi'i^S, U>>s7.
I IIA\ I', the honour to inclose to your Lonlslii[) hcrewitii an article from tlu; •' New
^ ork 'rimes'' on maritime jurisdiction in Ik'hi'inir's .Sea.
1 have, &e.
(Siiined) L. S. S.\CKVILLE W'I'.ST.
Inelosure in No. 55.
RrlrnrI frniii the " .S'i'ir Yorli 'riinrs" of Srp/cmher 5, 18*^".
\ Disiu'i'i;!) ()(!:\v. — When the new Fi^ilieries " r'oininis=ion," as Mr. Hayard
itwi'~ts it should not he ciled, was first announced in I'arliament, it wa'^ said t!mt its sco[)c
would he liiiuted t,i tiie controversy hetweeu f 'an ida anil the United States. But in
response to Mr. (iourlay's iru|uiry. it was s\:hse(|Ueiillv added that the question of including
the .Ala-ka sial fi^lieiies was under eonsideration. It is therefore none too early lor public
iipim'on to heu'in seiiously to shape itself on a question about wiiich much less has been
said than in the interminable eodli~h sfpiabble. it is, moreover, a very pretty ipiestion
in itself, that of our riirl'ts ir. I{ehrin2;'.s Sea, and involves issues of uo slii;ht intrinsic
value.
As iveryhody knows, Russia re;j;ardcd Hehrintj's Sea as hers, just as we re;;ard
Delaware and ('hes:i|)eake JJays as our-:, to <'oin|iare little thiu'.rs with bier. Then Itussia
ceded to us the coast on one side of this little ocean, totrether with one-halt the ocean
itselt. Next, Coiifirrcss sold the riuht of catching se.ds in wiiat we will call " our " ]iart of
that ocean. .Anil now the question of" our ris;;lits arises >ipoa tl;c catchin;.; red-handed
poachers who happen to he l?riti»h. It is intimated that Russia {-ould not convey to us
what she did not own luaself, and that when we bought Alaska we took in fact much Icfs
than the deed, that is the Treaty, recited.
Tiie nu'rits of the cpiestion are of course involved in Rns.sia's rights. ITer exclusive
rigl)ts were not conceded, but, on the contrary, were promptly attacked when they were
announced in the Ukase of ISiil. The title was thus cio\nlcil, but it was not invalidated.
Russia's last word was that, althouirh she did not care to arirue abiuit her rights, whoever
iiivadeil thei\i did .so at his peril. Instead of quarrellini;, Russia and the United States
ai^reed that the citizens of both countries should iiave unrestrained privileges in tlio'-e
waters. In other worcU, althou^u'li Russia's risrht of exclusion of Americans was disputed,
it was deemed fjood eiiouj;li by us in 1S24 to he uic basis of a bargaiu. (ireat l'<ritain
made a similar Treaty the next year. The British 'I'reaty is still in force, we sup|)ose, over
the western, or Russian, half of Rehriiiir's Sea. Great Uritaiii's ri^dils in the westeiu half
are therefore based on the same title as ours in the eastern. She cannot admit the rights
of the Czar and d( nv those of the United States. On the other hand, the United States
are not (inis involved. We jjiotested against the pretensions of the Czar because they
injured American eommeree. Hut, having acquired the Czar's asserted rights by
purchase, we are now as much interested in defending them as we before were in attacking
them. At the ly least we can reipiire that whoever (piestions those rights should come
into Court wit!, lenn hands, 'i'hat means much in connection with this tojiic, as can
readiiv be made clear. ' "
• No. 53,
[li.'8] N 2
92
Russia's rights are attacked on the very simple i;roiiii(i that she iuis;ht as well have
annexed the open ocean as Heiirinj^'s Sea. Russia's position was tiiat the Aleutian Isles,
scattered aloni; in a chain between Asia and America, cut ort' tliat northern portion of tiie
I'aeific Ocean and made it an interior sea, hkc Hudson's Hay, in British North America,
or like the Gulf of California. The claim would he more readily conceded it the Aleutian
Isles were more contiguous. As matter of fact, !)()() miles of hlue water scpanite the
westernmost island troin the most eastern extension of Russian mainland. But hetwecn
the two most sejiarated islands the distance, it must hi- admitted, is coiisidcrahly less.
Still, it would he enout;h to overthiow the imnf vUiiiiuiii theory were the attack macie
hy any other nation than England. That "closed sea" theory is hriefly an affreeiuent
amoui; nations that sd many of them as have sea-coasts may annex so much of the ocean
as they can control, and control is construed to extend as tar as a camion-hall can reach.
That is the auti(|uated theory on which exclusive maritime jurisdiction is conceded hy
nations to one another over the ocean '^ miles from shore. Of course, if two capes were
only ■'? miles apart the interior sea beyond them would, on the strict mure ihtusum contLMi-
tion, be conceded to the nation ownini; the capes, hut not otherwise.
Hut neither Kngland nor the United States should push this closed sea argument too
hard o tOo far. Enj;land once clainu'd to own the entire ocean surrouiuliu^ the British
Isles, and in 1800 the United States thoutjht it ouiriit to lie conceded a ri!;ht to exclude
helligercnts from the .Atlantic Ocean between the Gulf .^treain and the mainland. To
abandon extreme ])ositioiis and come down to the contentions of to-day, K.UL'land, which
denies to Russia the rijjbt to define its possessions l)y imayinary lines drawn I'rom island
to island, assumes to itself the riij;ht to exclude Americans from tlu' open ocean included
by an inuiKinary line from headland to headland. Who seeks (Miuity must do et|uitv.
The Knglish must not both keep tlieir codfish and grab our seals. On the otiicr hand, by
the strictest tec'imieal arj;ument it might ')c that wc could both keep what Russia sold us
aiul get what Kngland unjustly denies us. Secretary Bayard has ^iven abundant intima-
tion of his opinion that a plenary Comieil would limit the rights which the C/ar assumed
to convey to us. It is given out that the jiroper thiiii; would be to arrange upon rules lor
all to observe regarding seal-Hshing. Pcihaps so. But tiiat leaves the ilisiiute of right
and title untouched, and who can say in what torm it may return to plague us?
.Moreover, wliile Americans arc doubtless prepared to yield what others justly claim, still,
there should be no surrender before chailen'.;e.
No. ")(i.
The Minimis of Siilishunj to Sir L. Wist,
Sir, Foiriijii ()J/iir, Srpti-mliiT lo, 1SS7.
IT appears from the transcript of tiie record of the judicial ])i-oceedings in the eases of
the schooners "Carolina," "Onward," and ''Thornton," lorwarded in your despatch
of the I2th .luly last, that in each case notice was given of appeal from the finding of the
District Court.
I have to reijuest that you will ascertain whether the owners of the vessels have taken
steps to |)rosecute flic app(^al, and if so, when such ap()eal may lie expv.'ctcd to conie on for
hearing.
I am, &c.
(Signed) SALISBURY.
No. 57.
Citloniiil OJfici: to Fiirviijii Office, — {Received Seyteuiher I 'J.)
Sir, Doiiiiiiiij Street, Sejitemlier 1;>, 1887.
WITH reference to previous correspondence, I am din'cted by the Secretary of State
for the Col mil ■> to transmit to you, to be laid before the .Maripiis of Salisbury, co|)ies of
t'\'o despaici,. s froiu the (iovernoi-Gcneral of Canada, forwarding papers respecting the
recent seizure ol British sealing-vessels by a United States' Keveuue cutter in Ikliring's
Sea.
I utn, &c.
(Sifrncd) ROBERT (!. W, HERBliRT.
Inclosure 1 in No. 57.
Tlip Marquin of Lnnsdowne to Sir II. Ilnllund,
Sir, AVir Derrren, .NVw Richmond, I'.Q., AikjusI. li), 1887.
I HAVE the iioiiour to inclose liorewitli, tor your iiitbrmiitioii, copies ot ji Heport
wliicli lins been received liy my Minister of Marine and Fisheries t'rojii liu' Collector
of Customs lit Victoria, I5ritish C'olimiliia, in regard to the seizure of the scaJL'rs " tiraee,"
"Dolj.hin," and " W. P. Sayward " hv the United States' Heveime cutter " Kie!\arc
Hush."
2. I hcf? to call your especial attention to the deposition inclosed iii Mr. Ilaniley's
Rejiort of Captain I-ain;?, o( the " W. P. Sayward." You will ohservc that Ciiptain La-ng
slates ])ositively that the seals of which the skins were found on t)oard his vessel were m.t
taken in the Mehriiig's Sea.
3. It is scarcely necessary to <lwcll upon the f^rievous hardship occasioned hy these
seizures, for wliicli, as tar as I am aware, no justitication has yet been tbrtlicoininjr, not
only to the owners and to the oltieirs and crews, l;ut to the Indian lumteis o:i iioard who
were, it apjjcars, left to find their way hou^e as they coidd from Sitka to tlicir own villages,
distant about 700 miles from that place.
I have, &c.
(Si-ned) L.VNSDOWXE
Inclosure 2 in N'o. T)?.
The Miir(jtiis nf Lnnsdoirnc lo Sir II. Ilollaiid.
Sir, Tlip Ciliidcl, Qiifiirr, AiKjK.tl 27, 1HS7.
WITH reference to my despatch of the litth instant, in rcLrard to the seizure of
the sealers "(irace," " Dolphin," and " W. 1'. Sayward" by the United States' Keveniie
cutter " Richard Hush," I have the honour to forward herewith copv of an a|)proved
Minute ot the I'rivy Council of ('Hiiada, to which are appended copies of the following
(lucumenls : —
1. A letter from II. Handey, Colle.itor of Customs at Victoria, British Columbia, to
the Minister of .Marine and Kislierics.
2. 'I'lie afKdavit ot Andrew Laing, mate of the seized schooner " Sayward,' sworn to at i
Victoria on the Sth August, 18f;7.
.S. The intbnnation tiled in the District Court of the United States for the District of
Alaska against the master and mate of the ''Sayward."
It is retiuested that these [)apers, cojjies of which were inclosed in my ahovc-
mentioneu despatch, may hi- transmitted to the Forcif^n Ottice, in order that a
n itrancu may bo addres.scd to the United States' Government ai^ainst the \iiiwarrant-
a'.ile action of the Conunander of the "Rush," and a claim made for all damages
arisin:; from the seizure of the "Sayward," and the detention of her olliccrs and crew.
I have, &c.
(Sifined) LANSDOWNI':.
Inclosure .'} in No. .")7.
Report of u Committee of the Honourable the Pririj Council, approved bij hi.i Excellency the
dorernnr-drniriil in Ciiiincil on Autjnst 2;?, 1887.
OX a Report, dated the 17th August, 1887, from the Minister of Marine and
I'isheries, submitting, with reference to the seizure by the United States' steamer
"Richard Ru-h " on the Otli .July last, in the Hehring's Sea, of the Brilisli .s( liooner
" W. P. Sayward," of X'idoria, the following papers : —
1. A letter from W. Hiimley, Collector of Customs at \ icioria, Hritish Columbia, to
the Minister of Marine and Fisheries ;
2. 'i'lie allldavit of Andrew Laing, mate of the seized schooner, sworn to at Victoria
on the 8th August, 18h7 ; and
'\. The informntion tiled in the District Court of the United States for the District c(
-Alaska against the master and mate of the "Sayward ;"
The Minister observes that, upon reference to the utliduvit of the mate of the schooner
94
"Siiyward," it apin-iirs thnt all tjic fjcals oil board the vosscl wcic taken in the Pacific
(^C(Mii. ;iiiil lu'loic tlic vc'ssi'l entered tiie lleiirinn's Sea. so tliat even the nMeijcd claim on
the part nf tlie United States' (iovcrnnient to juristlietion in the iiehrini^'h Sea is not
nvailahle in the ease lunv complained of; and would also call attention to the reply of the
Coiii:i ander of the United States' steamer " Jliehard ]{nsh," in which lie states his orders
were "totaUr everythinu' he came across in the lUhrinij's Sea.''
'{"he Committee reennnnend tiiat your Mxeellency he moved to forward copies of the
annexed |iapers to the Uiirht llonourahle the Principal Seeret:nv of State for the Colonies,
for fninsinission to the I'oreiLrii Othcc, ill order that a remonstrnnee maybe made to the
United Slates' (ioverniiunt I'nr so unwarrantable an act as that committed by the
Commander ot the •' liiehard Rush," and a claim made for all daniatres arisim: out of the
sei/nre of the schooner " W. 1'. Sayward" in the o[ien sea, and the detention of her
olhcers and crew, and also that copies of the pain'i's be sent to Her .Majesty's Minister at
Washinuton.
All which is res])ectfullv submitted for vour Exeelleiiev's a[)proval.
(Signed) JOHN J. McGKE, Clerk,
Privy Council.
Inclosure 4 in No. 57.
Mr. flinnlfii lo thv linn. G. E. Foster.
Ciislom-flnu.sc, Victoria, Aiujust 9, 18H7.
ON the oth instant I sent vou word bv telcuram that three more Canadian vessels
had
iccii sei/ed in Hchrinu's Sea, aiu
sent to Sitkn, " (Jrace,
aiu
Sir, ward." This news rcnciied us bv the steamer " Olympian
tlie mate of the
W
■avward, one ot the s(
1"
iz'-'d vessel
1 " W. l\
the day following,
s, canic down on the steamer
and
'Idahi
lad hiui here at tlu- cuslom-lii'ii
Old his statement in some par
ticul
irs wa.s
SO imporhmt lliat I thought it <l(sirahle that it sluiuld be taken down before a notary
public, and the dejiosition forwarded to yon. 1 inclose it herewith. The peizure was niiulc
on tlie (lib .liily by the master of the ]\evenu(! cutter " Hush " in lk'hiinu''s Sen, from
30 to 4*) miles from any land; the mate denies that any seal was killed in I5ehiinj;'s Sea;
It--, i7'.t in nnmhcr, all taken, be savs, in the Pacific, were lodired in the Al.iska
th<
^ompanv s war
chouse at Ounala'-
doubt now, from the dcclaralion o
id I hi
rself sent to Sitka. There is m
the
stcr of the Unite<l States' llcvcmie cutter made
openly on the deck of the '• \V. 1'. Sayward," that, in seizin!; ibis nnrl other Canadiar
vessels, he \v as act imr uik'
ler (1
irect insfrnetioiis froni the United States' (invcrmnent.
I I
orwa
rd
Iso the
iformation laid in the District Court at Sitka bv the United
States' .'\ttorncv liall niiainst tlie master
late of the " W. P. Sav
ward
Til
indictments airaiiist the masters and mates of the other vessels are in the saniP form and
terms — the complaint hem;' that tliev liad killed fur-seals in Helirintr's Sea. eontrarv to the
Statutes of tiie United States, and
iiist the peace and diL'tiitv ot the United States of
Linerica.
I
le case is
to he heard in the District Court at oitka on tl
le S.iini o
f this
month, 'liie mate of tlic " W. P. Say\var<l " was allowed out on bail in :>W) dollars, and
returned last iiiitbl for ihe trial.
I have, lie.
(Sitrncd)
W. IIAMLEY.
Inclosure T) in .No. tS'.
Dfclnratinn of Andrrw Lninij.
[See Inclosure 3 in No. 52.J
*8
Inclosure (i in No. 57.
In tliu District ("ouit nl' thu I'nilcd Stales for tiic District ol Alaskn.
Ti'if Uniletl Stairs v. (lidnjc l{. b'n ry mid A. Liiluij. — Iiijnriiuihnn.
[Si'c liicioturu L' in No. j:i. J
No. .'<>.
Colonial OJficf to b'oieiij}! 0//irp.— {Hrri'iicd Srptrmlier li'J.)
Sir, Doirniiuj .Slrcft, f^njilnnlnr '2\ , 1><S7.
WITH rcl'crencc to rccen; correal inKlc-ncc, 1 :iiii diicctcd liy Slci'cUu'v Su-JIenry
ilulluiui to transmit to yoti, for such action u|)on it as tiic .Marquis ot Sali.>l)ury ii.ay think
prupcr to taiu', a tclii;raiii received this day I'roni tiic (Jovcriior-Gcncral (il' Canada,
rclatini; to the ([uestion of tiic release of tiic IBritish Coiuiiibian seaHii}(-vc?bel> M'i/.cil hy
tiic Uiiit'.'d Slates' autlioritics in Beliriiii;'s Sea.
'I'liis telegram appears to relate to the vessels seized last year.
I am to ie(iue>t to he iiUoniied of any eommuiuc.ition wliicli may he made to tlie
I iiited States' Government in order t!iat a reply may be sent to the Goveruor-(Jeiicral.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosurc in No. .OS.
The Mnn/uis of Lansdowne to Cohminl OJficv.
(Teleiirapiiic.) Si-iitnidiir So, 1S>7.
1 liNDI'iKST.VND that, after Mr. Bayard's aiinouneemcnt of the 3id Fehruaiy
lesiicctini: Behring's Sea sci/.ures, instrnetions were sent in accordance with It to tiio
Alaska authoiitii',-. hy telei;raph ; that an instrument fur llie release ot' the vc »eis was
iliMcupoii issued by tlie l>istii(t .liidixc, hut that suhseipicntly, on tlie assum|iti()n tjiat
l\w telegram was fnr<i;((i, he re.-einded the order; tliat no steps have been taken hy the
Department since : tlie vessels are still detained.
My Government trusts the fiiets will he iiKjuired into.
No. .')9.
The Miir<iiiis nf .^nlislnini Id Sir L. (!'('.«/. — {Sid>sln)irp trlryrapliFd.}
Sir, Forriijn Office, Si'/ili'mlifr ;27, ISS/.
I 'I'liANS.Mir to vou. for your intbriiiation, a cojiy of a letter from the Colonial
Olliee,* inclosinjj; a telcu'iaai from the (iovernor-Gciieral ot Canada, from which it appears
that the British schooners " ("aroliua," "Onwarii," and "'riioriitoii," referred to in your
despateh of the 4tli Keiiniary last, have not yet been released.
In his iiole ol the .'ird February, inclosed in your aliove-mcntioiied despatch,
Mr. Bayard stated that "orders have lieeii issued, by the President's direction, for the
discontinuance ol all peiidin;; proceedings, the discharge of the vessels referred to, and the
release ot all persons uii<ler arrest In eoimcetion therewith."
Hit .Majesty's (iovernment regret to learn that delay has taken place in the release of
the three vessels, and 1 iiave toiiiNiruet vou to imiuire the reason why the directions of the
I'resident. as above ipiotvd. ha\e not been carried out.
I am, &r.
(Signed) SALISBURY.
• .No. 08.
96
No. CO.
The Mnrptis of !<(ilisl)itrii to Sir L. WfH.
Sir, Forriijn Office, Spptrmber 27, 1^87.
I 'l'i»A.\;^MIT to vol! liercwith copies of two despiilulies iiddrcsscd to I!cr Nhijfsty'i*
Scci-ftarv ot' Stati' for tliu Colonits liy the (;ovc'rii()i--Gfrit'rui of Canada,* forwarding iiajjcrs
redativc to tli'/ scizuic in Hi'iiriii.Lj's Sta liy the United States' Revenue cutter " Kieliard
Rusli " of tliree British Colond)iiin vessels, the " Grace," the " Dol])hin," and the
"W. P. Sayward."
1 iiavc to request that you will make a reprc£cntation to the United States' (Jovern-
nient on the siil)jeet of the sei/ure and detention of these vessels in connection with the
rciiresentatidiis wliieh I instructed you to make in the cases of the "Onward," the
"('arolina," and the "Thornton," and that you will reserve all ri^'llts to compensutioii on
behalf of the owners an'^ ere"-.
You should point out to Mr. Bayard that in the case of the " \V. P. Sayward,"
according' lo the deposition of her mate no seals had been taken by her crew in Behrini^'s
Sea as is alleiied in the lihel of infnrniation filed on behalf of the United States' District
Attorney in tiie District Couit of Alaska.
I am, \'c.
(Sirrncd) SALISIUIRY.
No. (i i .
MiiiKiKir.dinii iniiiiiiiinicd'cd hi/ lUirnii l^lcssm, October j, 1887.
il Impciiiil (loveininent would like to know what are tiic views of Her Britannic
'11
Majesty's (loveiiinient with regard to the American proposal for an International
Convention for the protection of seals in the Behring's Sea.
No. 62.
Sir L. West to the Marquis of Salixiury. — (Receii^ed October 6.)
(E.\fr«ct.) Washington, September 23, 1887.
1 ll.W'K the hoiiom- to acknowledge the receipt of your Lordship's despatch of
the loth il)^tant, and to inform your Lordship that 1 comnmnicated it this day to the
Secretary of State, and, at his request, left a copy of it in bis hands.
No. 63.
Adiiiirnhij to Fori'iyii Office. — {Ifeceired October 6.)
Si
Admiralty, October 4, 1887.
I A.M commanded hy the Lords CoMriiissioners of the Admiralty to transmit, (or the
information of the Secretary of State for Foreign Affairs, copy of a letter from the
Coniniandei-iii-chief on the Pacific Station, dated the Nth Septoinhcr, inclosiiiji a list of
the schooners tliat have been sealing, extracted from the " Victoria Colonist " newspaper,
dated the l.'itli .'September.
A similar letter bus been sent to the: Colonial Office.
I am, &c.
(Signed) EVAN MACGIJWJOR.
Inclosurc 1 in No. 63.
I'etir-Ailmiral Culmr-Seymoiir In Admiralty.
Sir, " Tiiumph," at Esiiuimalt. September 14, 188".
'i'llli sealing .-cason being now over, 1 have the honour to inclose a list of the
schooners that have lieen sealing, cut from the " X'ictoria Colonist'' of yesterday's date.
It is not yet known whether (lie five vessels " to arrive " have been seized or not, but thev
are overdue here.
• Inclcsures in No. 57.
With rel'crenci' to tlie sfliooncr "Alfred Adams," I am credibly iiifdrnii'ii siii' was
boarded liy tiie Aiiicrican Ucvcmie schooner in lielirinjjV Sea, l\n- skins (1,30(1 in number)
taken out, as Hell as lier arms, and she was told to |Moeeed to Sitka. Xo one being [lut
on board, tl;e eaptian brouijiit Ins vessel down liei'e.
No orders whatever liave ever been received bere with rej,'ard to tlii' iclease of tlie
schooners seized last year, which are now, I believe, high and dry at Ounalaska, worm-
eaten and worthless.
1 have, &c.
(Sisjued) M. CUI.MK-SHYMOIJR.
Inclosure 2 in No. ().'J.
Exlrml from the " Ihtily (Joloiiit'l," I'ivluiiti, 11. ('., of i<tplfiulier l.'J, 1887.
List of Vrsscis Arrirrd, villi llirir lolnl Ciilrli ,■ lliasr hi Arrive : Srii'ioiicrs sri-ed.
TUVj t'oilowin!^ is the list of seaiini; >cliooiiers wliich iiave arrived in |)ort wilb their
northern catches; also those to arrive and those seized. The coast catch by Indians and
the spring catch by American sealers disposed of in N'ictoria are also appended :--•
Vl.^sKI.S A..K1VI II.
N
uru'.
Si
iriii^ Cal'-li.
XiirtlHiu (
•-'.:!■ 7
ntfli.
T,.t;ll.
I'litlitinilir ..
-lOli
i,H17
I'fiuldpc
1.0(111
l..'ii)(i
2,50(1
.Maiv l';i!cM . .
.■id 7
li.lJ'Jil
2.4.07
Liittii- fairficlil
40(1
'J.lidO
3,000
Miirv Tnvlor . .
..
200
K(l()
1.000
.MiiuMt.iiii Chii 1'
..
400
087
1,IIH7
llluclv IHlHIIUIKJ
, ,
'.•(■.4
..
Aili'!;i
ir.4
1 ,;! jO
I,.:.! 4
Kate
Invouiitc
TtuMTSIl
'I'l'iiiinpli
Dolpliin
(iracc
Anna lied; . .
\V. 1". Suvwnril
.\iftrfl Adams
KSSri.s Til
Am
n 1
34 U
1
1 ,030
1
I
307
1
•-'1
Vissiis Seizsii.
l,.")Ud
'J'he nimilKi' of seals e:'.ugbt by American schooners and sold in this city is as
follows : —
II(-Ii>n lllnin
JSyivia lliiiidy
.•^an .Just'
City (if San Dic^
\'aM(lorliiU
l>is('OVi rv
43li
l;!U
1<,17
•JdO
dl7
■Jjd
The Neali Hav schooner "Lottie'a" northern catch was disposed of the other day,
and amoimted to 7U0 skins.
This makes the total catch, so far as could be jjleaned yesterday, 1!),0-!G skins by
liiilish vessel.;, and li,.').'V.) skins disposed of by American schooners.
'I'he catch oil' the west coast by the Indians and sold to store-kee[>ers was .^OO.
The total number of skins bri)u;,'ht into port for this season will represent in dollars,
al (i dol. ;■>() c. per skin, the handsome sum of 1-10,.302 dol. 50 c.
[128j
O
No. 64.
Sir L. West to the yjuniuis of Snlixhiirii. — {Rrrrhfil Ortolier 10.)
My I><)r(l. tViishinylon, Seiiti'inhfr 2K 18S7.
IN |)Ui'8unncf' of the instructioii.s e(iiittiiut.'d in your Lordshiii's ti-leftram of yL-stcrday's
(late, I liavc tliis diiy luldii's.-iud a note to Mr. liiiyaiil, ropy of wliich is herewith inclosed,
iiiquiriiij^ tiie leiison for the noii-release of the Ihitisli vessels iiieiitioiied in Inn note of the
.'ird Fehnmry lust.
1 also iiavc the honour to tran.sinit lierewitii to yoin- Lordship copy of an extract
from the " New Yoik Trihune" of yesterday hearing on this point.
I have, tic.
(Signed) L. S. SACK V ILK WKST.
Inclosuri' I in No. ti I.
Sir L. W'l-sl In Mr. Uniinnl.
Sir, Wiisltinijlan. i<fptemltpr 2H, 1SS7.
I II.W'H tl;c honour to inl'onn you iliai Her Majesty's Governnvnt have heeii
oflieially inronncd th'it the British vissels ini'niioni'<l in your note of the .'inl Fehruary last
have not heen rikasid, and tliat I atn insiriietcd to intpiirc tlie reason for tiie delay
in eoniplvini; with the orders si'iit to tuis clfe-t, as starc:l ni your aoove-incntioiied note.
I have, kc,
(Si-ue.ii L. S. SACKVILLK \VK>T.
Inclosuie li in No. (if.
Exlnirt from lliv " Xnr Ynrl; I'riliiiiu'" of Srj)iriiil>fr 27, l'SH7.
Tui: .Alaska Si:i/.iiir,.'».
Olliiwii. Si-iilriiihor '2li, 1nH7.
TIIK Government has just received ihe Report of Mr. Drake, (.i.C, wlio was sent to
.Maska to investi;;ale matters in eoniU'Ction with the lk'lirini;"s ,Sea seizures. Tiie
foiiowins; is a copy of the despatch addressed to .ludL,'e L.ifavitte Dawson and Colontl I5all,
United States' District .\ttorMcv at >^itka, which has not heen (tarried out to this day, and
in respect to which the Canadian (iovernnicnl has recently sent a strotiir protr'st to the
tiiother-eountry lor transmission to Washington ; —
" Wiishiiiijloii, .liiiuiunj 'H\, 1SS7.
" I am (iirccted hy the I'resident to instruct you to discontinue all proccedinijs in the
matit'r ol seizure of the Hritih vessels 'Carolina." '()iiward,' and 'Thornton,' and to
discharge all ves.«cls now held umkr sueh seizures, and lelease all persons that may he
under arrest in connection thcrewitli.
(Signed) "A. 11. V,\i\\,\}i\). Attornvij-dvui'ml."
.ludge Uauson thereii])oti issued an older to Marshal .Vikins to release the ves>els, hut,
as stated in previous despatches, afterwards withdrew it on th<' representation. .Mr. Drtdic
says, of Atkins, and a^'ainst liie e\|)i'e~s opinion of Colonel IJall. .\ record ol tlu' orii^inal
instructions .'.ppeais on the hooks ot the Distrii'l Court, hut there is no record of their
witlidrawnl.
The "Onward,'' " Carolini," tnid "Tlior;iton" are still hciiched at ( Minalaska, and
eaimot he removed without eonsiderahle expense. The skins taken on these vessels were
sent to .^nn Francisco hy a steamer heloiiLdnu to the Alaska Cotnmereial ('om|)any.
Mr. Drake s.iys he caimot. find that there was any authority u;iven hy the L'nited States'
Government for seizures made last year, hut that they seein to have heen made at the
instance and in tlu? interests of the Commercial Company.
No. 0.').
Snif friiiit I'ltilri! Still's' Mluiflir iil Slnrldinhn tii Sirrilisli (litvcriiiiinit. — [('iiiiiiniiniriilrd
bij M. (fAddborij, Ovloher 10, 18S7.)
TIIE (jovernmeiit of the United States recoLcnizes the necessity of taking ste|)s for
the hetter protection of the fur-seal fisheries m I5ehrini;'s Strait. The iiidiserinnnate and
unrci;ulated killiiii; of these valuahle animals has of lute \ears i;reatly reduced their
number, and threatens in a comparatively short time to all but extinguish ilieni.
The importnncc of respective Ooveriitncnts entoriiiR into uii nrrnn^cinent whicli slmll
hnvc for its purpose tiic regulr.tioii of Kcal-luintiii;; Ktiii to the present iiKhscriininute
8laut;hter ofseiils, is so ii])pa('ent l!'iit it iieeils no ehihoratioii.
'I'o tiiis end I iiiii direeted to invite llie ITnifcd Kirifidoins of Sweden and Norway to
enter into sueh an arriinjfemeiit with the (jovernnieiit of the United Slates as will prevent
the eitizens of eitiicr eountry from killini; sial in liehrin({'s Sea in sueh times and places
and l)y such methcjds as at present are pursued.
The (ioverninentB of (Jermany, (Jreat itritaiii, Russia, I'Vunce, and Japan, liave like-
wise heen invited to co-operate to this end.
No. 6»;.
Tlir Mririfuis of Salisliuri/ In M. il' Adrlhonj,
THE .Marcjuis of Salishury has iiad tlu' liononr to receive the copy ot a communica-
tion addressed to the Swedish (Government hy the United ^-tates' Minister at Stockiiohii
whieii Count Adelhori; has heen jjood enoij;:h to leave at the Forcipii Ofliee.
Her Majesty's (iovernnient have not received any similar commuincatioii irom the
tjovennuent of the United States re^ardirii; tlie pi<itectioii of the tui-seal lisheries iu
Hehrinu;'s Sea. Lord Saiisi)ury would, liowever, he ^lad to know whctlier the invitation
to enter into an arraniiiement on tiie suhject will he accepted hy the Swedisii (Jovernment.
Fnreiijn O/fltr, Ortohi-r 1], lfcS7.
No. fi7.
'orrigii OJfiti' In Huron Plfssrn.
SIR J. I'AUNCKKOTK has the honour to inform IJaron I'h^ssen, witii reference to
his in(|uiry of the 'Ah. instant, that no proposal has been made to Her Majesty's Govern-
ment hy the Ciovernment of the United States lor an International Convention lor the
protection of seals in liehring's .Sea. The Manjuis of Saiishury would he glad to be
informed of the decision which n)ay be adopted in the matter by tlie German Govern-
ment.
Foreign Office, October ! 1, 1887.
No. 68.
Admiralty to Foreign Office. — (Iteceived October 14.)
Sir, Admiralty, October 1:5, 1887.
WITH reference to previous correspondence respectins; the seizure of sealing
schooners, I am comnmndcd by my Lords Commissioners of the Admiralty to transmit,
for the information of the Secretary of State for Foreign Affairs, copy of a letter from the
Commander-in-chief on the Pacific Station dated the ^^.'ird September, lorwardini!; an
extract from the "Victoria Daily Times" ol Monday, the 19th September, 1887, contain-
ing a demurrer handed in at Sitka by Mr. M. W. T. Drake, Q.C., who was sent to Sitka
by tlie Dominion Government of Canada.
i am to re(|uest that the newspaper extracts may be forwarded to the Colonial Office
for the perusal of Secretary Sir Henry Holland, with a rc(|utsl that they may be returned
to the .Admiralty when done with.
I uin, Sic.
(Signed) EVAN MACGREGO...
Inclosurc 1 in No. fi8.
Rear- Admiral Seymour to Admirallij,
Sir, " Triumph," at Enquimalt, September '23, 1887.
REFERRING to the capture of sealing schooners by the American (iovernment, I
have the honour to forward a copy of a demurrer handed in at Sitka by Mr. M. W.
T. Drake, Q.C., of Victoria, who was sent to Sitka by the Dominion Governnieut of
Canada.
[12^] (> '-'
100
2. It wDiild iippeiir h\ I.oid Siilisljurv's (li-»putch of the lOtli August, 1S87, tlmt
orders were •livcii Ibr tlu- scIiooiuth sci/i-d in 1HS6 to Ik; released, iiiid I niii informwl ii
triegraiii to tliiit ctloct was reeeived at Sitka; ii()tliiii« was done, and tlie vi>sels are, us
stntcd in niv letter of the lltli inslunt, ln!,di and dry at Ounaliiska, and I ani credibly
informed so wornieateii and dainam'd as liardly io he worth removal. Certainly no
infornmtion lias ever lieen re(<iv((l hy any aiitiiority here, or hy the owners of tho
sehooncrs sci/ed in 1S«I!, that liiey were to he icleased.
'^. Willi nuMrd Io tiie vessils ,-ii/ed thi> \ ear, the crews iiave lueii iileased and one,
of the >eh()niicr-i luu. luvii charU .ed by the aiithorilie- at Silka to iimceed to Omialii-ka
and biiiig the .-kins tali( II out of the sehuoncis seized tiiis jear iniil landed at liie latter
place, to Silkii. The tiiaU will pm'.Kilily take |)laie at Sitka iihoiit t'lis tunc.
I l)ave, Ike,
(?iSi»ed) M. (^ULMi: SliY.MOUR.
Inclosure 'J in No tW.
E.rtrnrl /mill llir " Vicloilii Diiili/ VVmt'.v" nf Si'iilinihr,- l',>, I^^T.
AT present the seizure of the \icti)ria seal-hmiliiii,' schooners wi ilicir oliicers,
en w, and iiuntcrs is the topic ol the hour in this citv. All. Ihake".s (i iirrcr, the full
text of which is herewith given, will ne read with especial interest: —
" lirirj I,/ M,-. M. H\ T. Dnih; (J.C.
"(riled on l)ehalf of the oHice.s of the liiitish scalers.)
" United States' Court, District of Alaska.
•'The United Slates, I'lainliir, r. .1. !). W ai Ten and .). C. Riley, defendants.
" Hiief ill support of tlii' (leiminrr died lieicin the HOtli .\uaust, li^*^^7, on beiialf of
the inaslers and owners ol the liritish schooners ■Anna l>eck,' ' Dolphin,' ' (mmcc,' and
' W. V. SaywanI,' sci/i'il liy the I'uiled Stales' cutter for an allcjicd inl'ii.ctioii ol ;in Act; of
the United States' C'lUiric'ss .No. 120. hcini; an Act to prevent the estcrininatioii of fiir-
Iiearinn aiiiinals in Alaska. Tiie Act is directly apiinst killing seals in the waters adiaccnt
to the islands of .St. j'aul and .^;. (Jeorjic and (I'les not refer to any otiu'r wateis in
Hclirii^u:'s Sea, hul on ic I'eiiiiii,' to .-ectioii I'l.'Ki ci tin- tvevisd! Stututis, the laiinuage used
is sonicwhat didcrciit, iirohiliitinj^ the killiiiu; of fur-beariii;;; animals within the limits of
.Alaska Tcnitor dr the waters rlicreof. 'I'lie lirst (incsiion then to he decided is what is
meant liy "tiic waters thereof.' If the (icfendiiiits are bi;uiul by the Treaty hetween the
(I I'ussia ccdiiiLT Alaska to the I'nited Slate.., tlu'ii it ajipears that llii^sia
liiseiliite teMiitniial sovereiiiiily ove-r t'.ic IJeliriiii;'s Sea and purporteel to
• one half of tliat sea to the' I'uiled States, hul are the ele'fcnelants i.s men
Unitcel States
in IHL'L' claims
(•eilivev ur.ictic
hclein^iii'' te) a iiiitrv on liie'iidiv terms will-, the- Uiiiteel Slates h
hv this assr.rtie)!! e)f
Russia? And '.i the Unile'd Stale's chiim thai the Tri'al v e'nnveys to the'in a;iy gfeiitcr
right than Rus' l-.erself iiossessed in liiese waters ■• In other ue)rels, the mere assertion of
a riu;lit contra' to the e.e)mitv of natieiiis e'aii e DUlcr em the' '^r.uitccrf ne) liirhts in excess of
tl
lose re'conni'/
iv the law e)f natii
'■ Riijlils nf Grciil Hrilaiii ninl the Unih-d States.
•• ill iii(|uiriu:; what lliat rii;lit wa.; aiiel how far it was suhmitte'd to by the (itiier I'owers
inleresled, iianieiy, (ire'.il Hiilaiii anil liie' United States, we liiid the' Uiiiteil States' .Minister
ill .St. I'e'tersbuiiih in lf^22 eombattiuL; the jirete'iisioiis eil Russia te) a juriselie'tion eiver the
wate'is ol iichriiif^'s Sea for a elistauce of 100 miles from the' e-eiast (re)r this was the extent
e)f Russia's claim in 1Sl'2) in the' folle)wiiiL: expressive lam;ua,!;c : ' Tlie existence of tcrrl-
leirial riijhl.s to the ilistauee e)f HIU mile's freiiii the- e'o-ist aiiel the' probibitiein of appreiachiiii;
te) the same' distaiiee lieiin these coasts anel from those; ol all intervening islands are
iniie)vations em the law eii' nations ami measures une.\ampleel.' We thus find that the
assumption of a limited seivcre'lgnty e)ver the; waters of Alaska was clmllcnge'el by the
Unitcel States, ;;iid in ce)nscepience was ne)l persisted in, anel e)n the- !7tli April, 1824, a
(.-'ejiivenliein was e'unclueled between the Unite-el States and Russia, where'by it was agreed,
' that in any part of the great e)cean commonly called the I'aeitie Ocean or South Sea, the
respective citizens, subjects of the High Contracting Powers, should be neither disturbed
101
or rcslriiiiied eitlur in iKiviir.itioii (ir in (isliin;; or in the power of rcsorliuf^ to the coasts
ii|iiin |iiiintH which iiiiii;hr not then \\i\r hi'cii ahcaily occupied for the pnrpohc of trit(linf{
wiih the niitive.", s;ivnii; iilwiiys the restrictions and con<htions cnntuincd in certain Articles
attichcd to tiic 'I'rciity rckrring to ilhcit trade with the Indians.'
".I Tii'iilii irilli liil,is!(l,
" The (Joveniiiicnt ol (jrciit IJriiain, on the UHth l'il)iit:ir\', 1^2*), also cntcicd into a
'IViiity Ai'.h Kiin>iii in consc(|nence of tiie suine extravai^'aiit pretensions of Russia, which
'I'lcaty coiitaiiif the lollo\\ini< ])rovisioi.s : ' It is airveed that the respeetivp siihjccts ot the
iliL:ii ( 'oiilnu'tini; Parlies shall not he ti'ouhled or inolcAted in any part of the ocean
cniiiiiiuiiiy called the I'acilic Ocean, lillnr in naviuatini; the same, in lishiii^' therein, or in
laiulirii.' at such paits ol tlie coa-t iis sli.ill iiiil lia\e Ikcii already occupied in order to trade
Willi the lialives under I .1.' n slrictioii- and CDiiditions specilied in the then t'ollowinu;
Arlicles.' Tlii sc restrictions aie not rissindar Iroiii those attached lo the Treaty wilh the
L'liited >tates. In order to ascertain wiiat were the pretiilsions ol Russia which led to
thcsi' I'lealies it is iieceSiiarv to rel'i r to the Kdict of the Autocrat of all the Russias. IJy
Seciion 1 it is cimcted ; ' I'liat the pursuits of coininerce, whalin;;, and lishini:, and all
other industries on all islands, ports, ai.d y:idl's, including the whole of the north-west
eoa.-t ol Aiiii'iiea, hc^'inni' 4 from nehriMf;'s !>traits to .'>['' of north latitude, alsci from the
Aleuliaii lsiaiid-> lo tlu' 1 asti'rii ( oast of Sihcria, as we'll as aloni,' the Kurile Islands from
!!riiriiiL;'s .^traits to the south Cape u[' the Island of Uruek, namely, l.V i)'>' northern
la'itude is exclusivfly ;,'ranted to Russian subjects.'
" Rusulns Claims.
" Section '2. — ' It is therefore prohihiti'd to all l'oreif,'n vessels not only to land on the
coasts and islands helon^inj; lo Russia, hut also lo approach them within less than
100 Italian niil"s. The tranjj;ressor's vessel is >ul)jcct to contiseation alonj; with the whole
curi;o.' Thus ,t appears that Russi.i claimed lOn miles from the coast of all the islands as
well as the mainland of IJeluin^'s ,S; a and soutii to -4;')" at)'. It was this claim that led to
the iiuliv'nan! ivmonslraiRe of the L'uiteil States and (!ieat Hiitain, and to the Tnalies
hrfore relerred to, and shows that Ik'hrinti's Sea was included in the t rm I'aeilie f)(ean.
The pri'teiisions of I'ussia were never revived, and the citizens of (Jrcit liritain as well as
the lJnite<l States had free access at all times to these waters in nnvi^ntin;; and lishinc;
uilhont any restriction. And Russia's claim was never revived until she iniiported to cede
to the United Slates a |iortioii of IJehrin^'s Sea. Russia could not sell what she did
not own, and the rnit(;d Slates eoulil not elaini that which it was not in the power of
Rus.-ia to sell. The Treaty with Mmrlaiid has never heeii ahroLcaled, anil was in force when
the cession to the United States look place, and there was vn nei-d to prole-t ai^aiiisf tlie
extrava,u;ant pretensions of Russia in iiin|)oitini,' to dispose of the high seas, as until last
year no attempt had been made to enforce such a elaini.
" Aulltdlilirs fjlioleil,
"Till' Uniled Siati.'s have always been the -troiiiicst upholders of the law of niilions,
and on this head Kent's ( 'oiumeniaries, |i. I'i? : 'The oiicn sea is not enpahle ot' beinc:
possessed as private |>ropcrly ; the free Usc of the oc ■mi for navigation and lishiiii: is
common to all mankind, and the pid)lic jurisiS uiencrally and explicitly (k-iiy that the main
ocean can ever be appropriated.' lie also refers to the elaini of Russia, and in auoilie."
[)\-M-\' he states that lie' ' United States have rcco^ni/ed the limiiutiou ol' a marine |pa;;ue
for '.;eneral territorial juris, lietion by authorizing the District Courts to take conni/.aiice of
ail eantures made within a marine lea,u:ue of the Anicrican shore.' (.S.'C .Act of ( 'o!ij,M'ess,
.Iniie'". 17'.M.)
" .And in 'A'harlon's ' International Uaw Digest.' p. 'AJ, the auihor says, ' Tlu' liiiii: of
1 sea league from shore is inovisioii.dly a(lo|)ted as thai of the territorial .sea of ilie Uiiiteii
Stales,' and ' our jurisdirlion has been ti.\cd to extend .'> geogia|)hieal miles from our
shores, with the exception of any waters or bays which are so landlocked as t;) be
uiupu'stioi.ably within the jurisdiction of liie United .States, be their extent wlnit they
ni.iy.' Hehring's Sea is not a gulf or a hay, and is not landlocked by the lauds of the
United States.
•• !ytvrelnry Kcwiird's ]'irws.
"Wharton again states that 'a vessel on the high seas beyond the distance of a
niarino lea'.'ue from the shore is regarded as part of Hie teiritory of the nation to which
she belongs;' and .Mr. Seward, in a letter to Mr. Tassara, Kith December, 18t>2, tersely
102
states the princi|)le as follows : ' There nre two principles bearing on the subject which are
universniiy admitted: (1) that the sea is open to all nations; and (2) that there is
a portion of tlie sea adjacent to every nation over which the sovercij;nty of that nation
extends, to the exclusion of every other political authority. A third principle bearing on
tlie subject is that the exclusive sovereignty of a nation abridging ti>e universal liberty of
the seas extends no further than the power v( the nation to maintain it by force stationed
on the coast extends.'
"' Tcrrne dominium * vis.' (The sovereignty of the
coast ends where the power to control it by force of arms terminates.) It thus appears
that by the comity of nations, sanctioned and approved by American jurists, that the high
seas are open to all ; tiiat the territorial authority only extends to a marine league, or, at
all events, not further than a force on shore can protect the coasts.
" Snveri'ignttj claimed by the United Slates.
" * also a])pcars that the United States, in claiming sovereii;nty over the hehring's
Sea, is oiaiming something beyond the well recognized law of nations, and bases her claim
upon the pretensions of Knssiu, which was succcsslully repudiated by botii (jreat Britain
and the United States. \ Treaty is valid and binding between the parties to it, but
it cannot atteet others who are not parties to it. It is an agreement between nations, and
would be construed l)y law as an agreement between individuals. Great Britain was no
party to it. and therefore was not bound by its terms.
" [t is therefore contended that the proceedings taken against the present defendants
are ultra lires and wltboui jurisdiction. But in order to press the matter further, it may
be necessary to discuss the act itself under which the alleged jurisdiction is assumed. The
Act must be construed by what appears within its four corners, and not by any extrinsic
document. It is y.n Act detining a criminal offence, and an Act which abridges the
privileges and immunities of citizens must be most strictly construed, and nothing but the
clearest ex|)ression can or ought to be construed against the interest of the; |)ublic in
a|)plyiiig this principle to tlie present case. The terms used in the Act itself are, ' The
waters adjacent to the Islands of St. George and St. Paul.' ' .Adjacent,' in Wharton,
p. 846, is held to be adjacent to tho coast, and within the territorial jurisdiction of the
country. This language, then, does not aj)i)ly to these defendants, who were :'jO miles
from the nearest coast. In section 1950 the language is, ' the waters of Alaska.' This
must also be construed by tlie universal law as api)lying to the territorial limit only. And
in a letter from Mr. Kvarts to Mr. Foster, in April 1«70, refcr.-inL' to a case in which
certain American merchant-vessels were seized by the .Mexican authorities for an alleged
breach of the Revenue Laws, although distant more than 3 miles from shore, it was held to
bs an international offenci;, and was not cured by a Decree in favour of tiie assailants by
the Mexican Court.
"So here it is submitted that a Decree of your Honour's Court will not give any
validity to the seizures here made, and the detendaiits, in tiling thi.'ir demurrer and
submitting this argument, do not tlierebv waive their rights or sidnnit to the jurisdiction of
the Court."
No. (iU.
Sir L. Went to the .\fiir(jiiis of Salixliur}/. — (lSi(l)''tinirr telegraphed, October i4.)
My Jiord, Washington, Ortolier 1 1, 1HK7.
WITH relVrenee to the note from the Secretary of State, copy of which was
inclos(ul in my despatch of tin? 12th instant, • 1 have the honour to inclose to your
i^ordship herewith copy of a further re[)ly to my note of the 2Hlh ultimo, expressing
regret that miseoneeption of the intentions and orders of tin; President for the release
of the si'alers "Onward.' "Carolina," and "Thornton" should huv(! delayed thi!ir
prompt execution, and stating that renewcid orders have been forwarded.
I have eommunieated eo])y of this note to the Marqui.s of Lansdowne, tho sub-
fitanuti of which I telegraphed to your Lordship this day.
1 have, &e.
(Signed) L. S. SACKVILLE WEST.
Sep No. la.
103
Indosuro in No. Gi).
Mr. Bayard to Sir L. IVrnl.
Sir, Ihparlini'iit of Slalr, H'lis/iiiu/Uii, October 13, 1887.
CON'riNUING riiy i'('j)ly to your note of lln- iJillii iiltiino, iiiiiuiritiy; tlu; reason
for till' delay in ooinplyiiii; with tiie order issued in .laiiiiary last i'or the release of
British vi'ssels seized last year in ]?ehriiu:;'s Sea, I liei; leave to iiil'oriu you that 1 have
this day received a eoniniuniealiou I'roni my e()liea<5iie the Attoi'iiev-Cir'ueral,
iril'oriiiiiifi; me that his teK'i;iam to the United Sljiles" .Marshal al Sitka of the
2tith .Taniiary last, orderim.' the release of the Mritisli schooners "(Jn\\ard,"
"Carolina," and " 'I'liornton," owinir to some miseoiu'ept ion ami mistake! on the ()art
of the olFicial to whom it had heen addressed had not heen aeteil uixm.
A renewed order has <;()ne forward lor Iheir release, as had heen distinelly
direeted last January, and which I had no reason to doii'it had been promptly
ol)i'yed.
In my note to you of the lltli instant I staleil it to he my im])ression that no
liindrance to their re))ossession hy the owners of the vessids named existed.
'I'liis ii'ipression, ii now a|i))ears, was not widl founded, and ;is my ohjeet is to ^ive
you the fnilcst infonnatJ(jn \vitliin my ])owcr in rcla'.ion to all Iransactions tontdicd in
our cornsT)oudenee, 1 hasten to communicate the liU^st rcpurl made to me from the
Department of .Justice.
I tak<' leave also to express my retjret that any mi-concepti(in of the intentions
and orders of the President should have delayed their j)rompt execution.
I have, &e.
iSi-ned) T. I-. 15.\VAEr.
No. 70.
('ninnial Offiri' lo Forciiin Op'ire. — {luri'iml O'inhi'r \*<.)
Sir, hiiiriiiiii/ >7/-'7'/. Oiliilir-r 17. 1^"'7.
I .\M direcled liy Secrct;n'y Sir Ii. Ilollanil to ir.iiismil to yoii, to lie laid hcfore
tile .Mar(|\iis of Sailshury. copy of a di'sjiilcii from llie ( io\ iM'nor-(i< neril of (/an.ada,
dalcd tile liCilli Si'picinliei-. with ils inclosnre-^, rc^jdi'linir 111.' •.cizure in llrlirinu's Sea
of the lirilish seliooiiei' " All'red Adams."
'J'hi'se pajXM's apjiear (o Sir II. llollai\d to |ioinl lo a sci-iou^ stiLte ol' lluiii;>. n hieli
seem to make it neci'ssary that some decided action in the mailer slioidd h ■ taken hy
Her .\laj('st\'s (iovernmenl. .\nd lie would suuijesl, lor the consideration of Lord
Saiislinry. whether it \.ould not he desiraiile (o instruct ."^ir L. West, unless lie has
already done so, formally lo protest ay:ainsl the ri.;lit .assumed liy the I'liited Stales
of seiziiin' Mvssels for ca.lchiiit;- seals lieyond the territorial walci's of .\l;isk;\.
1 .-iin (o adil Sir II. liolland makes this siiii'i^esiioii. a- Mr. M.ayard i-. ie|ioi-ic(l in
til'- iiewstiapers to have s!;ilcd that no prohsi .au'ainst ilicir ri'jiil to sei/.i' h;id liccn
made, and to ha\e assumivl, tlierefoi-e, thai Her .Majesty's (onernmenl did not really
dispiili' it.
i am, \e.
^Sinned) .lOllN HI! AM.STO.V.
Inclosure 1 in No. 7i'.
'I'lir Mitniiiis lit' Ijiiisiliiinii tn Sir II. I luliciiil.
Sir, Citmlcl. (Jiirhir. Si-iiicmlifr 'Hi. ISS7.
I .\ contiiiiiation of my dcspnicli ot the lI7th .Aunnsl and in ri'I'erence to previoiw
correspondence, I have the )iiinour lo iiiclose herewith ;i copy of an approved Minute
of the I'rivy Conncil of Canada, <'overinir eeiiies of a lleport of my Minister of
Marine and {■"isjiei-irs I'clatim;' to the scizm-. ;' id detention of the Canadian sealiiii;
schooner ".Mfreil Adams.'' and of oilier Cinadian sculiim- vessels by the I'nited
Slates' aiilliorities in the Itehiinit's Sea.
2. The letter direcled to the Inited Stales' Dislriit Atl<irne\ at Sitl,a, marked 1)
in the, .Minister's lieporl, which came into the possession ol my (iovernmeiit iii.der the
eireurnstanees deserihed in the l)eelara*'>n of Ca])tain Dyer, of the " .\lfred Adai.is,"
104
"has l)con forw.irclod, together with copies of the pap(>i's, to Her Majesty's Minister at
Wasliin^rton.
;{. The circiimstauces under whieh <he "Adams" was seized do not dilVer
materially from those atteudim; previous seizures in the same waters. 1 have already
laid before you the reasons which liave led my (iovernmeiif to protest, ai^ainst tile
assumption tliat the Statutes under Mhieh other seizures, and L presume tliis also, iiave
been made, Statutes <T;overiiing tiie eonduet of per'^oiis flshim,' witliin "tlie territory
of Alaska "or " in tlie waters tliereol' " (r/f/c IJnili'd States' iJevised Statutes, ID')."),
lOoO), are applicabh; to the whole of tlie waters of the ]?('hrini;'s S(\i, aiu) in cases
where, as in those under discussion, the vessels seizi'd were found fishini,' at a i^reat
distance from tho nearest land.
•J). I trust that the earnest attention of Hen' !^^ajes(y's Government will be given
to the statements contained in tlie ^Finister's Tiejiort. No satisl'a<'tory ex])lanation
has yet been <j;ivcu of the action of tlie United States' CJovernnient subseijuent to
Mr. l^ayard's announcement of the; .'Jrd {''ebruary of tlie ])res(>ut yeii", \\\wn it ^vas
stated by liim to llcr .Majesty's ^linist(>r at "\\'asliiiii,'ton tliat ''oniei's liail lii-en issued
by the President's direction for tlie disconiinuaiiee of all jiendiiui' proeeedinms, the
dischar£;'e of the vessels referred to, and tlie relc-isc of all jiersons under arrest in con-
nection therewith."
"). You will observe from !Mr. Poster's recapitiiiation of tlie tnidcuee which he
lias been able to collect, and the documents attached to his Report, tliat an impreision
prevails upon the spot to the cllVct tliat orders such as those deserilied liy Sir Lionel
AVest were actually issued from AVashiuL^toii. Tliere appears at all events to be some
reason for believinu; that a telei,frain autlioriziiui' the release of the vessels then under
detention was in fact received hy the District •Jiuliic, and thai instructions were tliere-
upoii issued by him lor the purpose of carrying' out these orders. The circunistances
undiM' wliitdi those instructions are said to li;ive been siibseipieiitly rescindeil by the
District .TtidLre have not uiinulurally i^iveii rise to the ^Tavcst suspicion.
(). 'I'he Aliuister has called attention with ifreat foici in his Ueport to tin; injury
sustained by persons eiiL^ai^'cd in tiie sealiiu^ industry from i\u'. sus]iense and
uncertainty in which they have been kept during- the past season owin^; to tlu^ refusal
of the United States' (iovernment to uave any explicit assurances as to the treatment
whiidi tliey mi<ibt expect at its bands.
I have, &c.
(Signed)
LANSUOAVNE.
Inclosure 2 in ^So. 7<'.
Report nt n Conniiiliri' iif (hf llniioiinililc liu' Prlvij Council for Caiitidii, iijiprnved In/ lii.v
E.rciUencij the (iorrnKii-Gnicnil in C luncil iin thi' lil.v/ Scjitfiiibi'r, I8S7.
'I'lll'] t'oniiuittee of the Privy Council have bad uiuh'r considerat ion the aimexeil
Eeport of llie Minister of ^iarini; and fisheries with refereiu'c to the seizure and
detontion of Canadian sealiiii;-vcss(ds bv the I nited States' authorities in liclu'ilig's
Sea.
The Committee concur in 1li(! said l!e|iort. and they advise that your Ivxeellcney
be moved to transmit a copy of this .Minute and the annexed iiapers lo the l!ii;lit
llonoiiraiile the Secretary of State for the ("olonies.
.Ml wliieli is submitted for vour Exeelleni-v's apjiroval.
(si-iied) ■ .loiiN .1. Ai(:(;i;i:.
CIrrli'. I'rini Cniincil, ('(iiuiild.
Inclosure .'! in No. 7i'.
Rpjimt iif III)' yiiitisin- iif yiiiiiiii- find Fisln'ii's.
WITH reference to pri'vious (.'orresp indeiK meerninii' the si'izure amt detenlion
of CniiiMlian >ealiie.;-vesscls by tlie I inted Slites' authoril ies in llehrinirs Sea, the
Minister of .Marine and I'isheriei lici^s to siibnnt, for the consideration of iiis iixcellcney
the ( lovernor-d'eneral in Coniu.il, thi' lollowinn' [i:i]ier< : —
• lack
Ull'oi'
fl'nlM
I'esci
" llo
has 1
m
I he iumcxcil
sci/.virc (iiid
ill H('hi'iiiij;'s
!■ I'^xfi-llciicy
o the Itii'lit
(".) A Irttcr from ('ollcctui' llanilcy, of Victorin, Britisli Columbia, dated tlio
Isl Si'|)tcml)('r, 1>>h7, im-lositiu; (•crtaiii ii;i|)crs in I'd'crL-iice to the seizure ol' tliu Canadian
iscali
iiiL'-scliooiicr '• AllVi'd A(
j?('hrinir's Sea.
(/;.) Tlu; Declaration of William Henry Dyer, of Victoria, Brilisli Columbia,
master of the Canadian s(diooiicr "Alfred Adams."
{(■.) A eertidcale of seizurfs of tlu; " Alfred Adams," signed by L. (i. Sliepard,
captain of Ihe Cnited States' lJev(Miue steamer " llus'
(r/.) A
sealed and unopened letter directed to tlu; United States' District Attorney
and I'nited States' Marshal, Sitka, Alaska.
((• ) A letter from Collector llamley, of Victoria, IJritisli Columbia, dated tin;
2(!tli July, relating; to tlie detcTition of 1b(^ Canadian sebooners " Otiward," " Carolina,"
and " 'riiornton,'' seized In August 1S8(), by tlu; I'nited States' cutter " Corwiu," in
Heliring's Sea.
(f.) Copy of a telegram and order purporting to be frojn the United States'
Attorney-ti(.'iu'ral and .fudge Dawson respectivtdy, relating to the release of tlu; above-
named vessids ; and
.Tack>
same
{(/.) A lett(>r dated tlic .'!rd September, 1WS7, from tbe law firm of Drake,
ksoii, and llelmcken, of ^ ictoria, containini' additional information rclatimr to tin;
1'
tb
;d)ove-mentioned papers, it aj)|)ears tbat (m tbe (itb Au'.,'ust, 1HS7,
tb(! Canadian sebooner " Alfred Adai
whilst engaged in catcliiiii,' seals in the ojien
sea, more than ."i(t miles distant from the nearest land, was forcibly seized by an armed
vessel of the United States, her ship's jiapers taken, her cargo of seal-skins, 1,;5><(>
in number, together with all her arms, ammunition, and fishing ini])lemcnts transfei'red
to the I'nited State's' cutter, and her captain ordered to proceed with scaled orders
to Sitka, and to deliver himself, his vessel, and men intothe hands of the United States'
Marshal at that place.
This treatment of the "Alfred Adams" whilst jieaeeably pursuing her lawful
calling on tin- high seas is but a repetition of the uiijustiliable seizun^s of Canadian
vessels made by the United States' authoiities in Keliring's Sea, and which have been
(li'alt with at length in previous Keports to Council.
'I'he Minister, therefore, does not consider it necessary in this instance to traverse
the i;ronnd alicady so fully covered, and recommends thai a copy of this Iteport with
llie ])apers attached be forwarded to Uvr Majesty's Government for their earnest and
immediate consideration, and that a copy thereof be sent to the ]?ritish Minister
at Washinirton, toni'ther with the sealed letter given by Ca])tain Sh('[)ard to thi!
master of the "Adams," with tlie request that it be forwarded to .Mr. Secri'tary
Hi:
U'illi ri'rerenee to the attached p;ipers (r), (/'), and ((/), the Minister ob
iser\('s
that from the first (r) it appears that inijuiries made by tiie Collector of Customs
at N'ictoiia, Uritish Columbia, in .lidy last, resulted in his obtaining the iid'ormation
that Judge J)awsou had up to that date recei\cd no orders lor the release of the
Canadian sealing-vessels seized in 1S8(), that the vessels had not been sold, and
remained still under seizure, ami that Judge Dawson, when (juestioned as to the repnrt
that a telegram had been sent to him by the Attorney-dcneral of the United States,
ordering the release of the vessels, had replied that he had heard of this I'epoi't before,
hut tliat notliin:,' of the kind had reached either himself or the Unitid Stales' Maish.il
at Sitka.
'I'he |)aper marked (./') purports to be a copy of a teli'U'vam, dated the
2(ith January, I'^SJ, fidui the United States' Attorney-dcneral (l.irland to Judire
Dawson, ordering him to release the vessels seized in .\ugust preceding, and of an
order foMn(
led th
from J u lire Dawson to tbe Uiiiti'd States' Marshal at Sitka,
bearing date the T.ttli I'chruary, issy, directing him to "release the 'Carolina,
' Onward,' ' Thornton,' and ' San Diego,' together with all their tackle, apparel, skins
Liuiis, ammunition, sina
11 b(;at>
s, ;ind e\ ciytliinu: pertaining to said vcssi
Jacks
The third jiapcr, marked (;/), is a copy of a letter from the law linn of Drak
llel
mcKoi, o
f \ icioiia, Ihilish Ccduinl
iia, to the
.M
inister of ,1 usl ice
infoiininn' him th;it they aread\iscd that a telegram was I'cceived liy .judge Dav\siin
from the United St.atcs' Atl<iriiey-( ieiieral, ordering the release of the vessels ahoM'
referred to; that .ludge Dawson did issiie an older accordingly, but that he afterwards
resciiulcd the order on the assumption that the tclegiam was a forgery, and that since
" iin ollicial letters (jf any sort, either eonlirming the telegram or respecting the allair,
has heen received at Sitka."
The M inister observes that, if the information conveved in the above-ni(>ntioned
[l^^J
1'
106
papers is cniTCct, of which fhcfc appears no ri>asonaLlc dkjiiht, it reveals a stat.- of
afl'airs hy no means satisl'aetory.
On tlie ;{rd I'ebriiary, 1SS7, ^fr. Secretary IJayanl informed tlie British Minister
at "Wasiiinijton that. " orders have been issued hy the President's direetion for tlie
discontinuanee of all pendini; ])roeee(lini,'s, Ihe dischai'^"' of the vessels referred to, and
the release of all persons under arrest in connection tlu'rcwith."
A telci^ram in accordance witli ^Ir. Bayard's (•(jnimnnicatioii a|i|iears to havehei-u
sent to Alaska, and an order liased thereon to have lieen issued hy tlie District .ludi;e,
l)iit to have been afterwards rescinded, and no further action has hecn taken u|) to date
of latest information.
^Meanwhile, Ihe vessels remain under seizure, the seal-skins we forfeited, and the
property of Canadian citizens forcibly withheld from them under eu'cumstances which
involve very <j;reat loss and (lamag<'.
The ^linistcr further observes that, with a view of j^'uidin;^ the action of Canadian
citizens interested in sealini^ in the northern seas, repeated attempts were made
pi'cvious to the commencement ol the ])reseiit season to (d)tain an ollicial expi-e-sion
from the United Stat(>s' Government of Ihe policy they jiroposed to jnirsue in their
treatment of foreii^n vessels sealinii; in l?ehriui;'s Sea, but that these eiVorls proved
altoijetlier unavailinLj. i'roni Air. liayard's communication of the .'ird I^'bruary, ISSJ,
above referred to, the fair inference, howcvr-r, was to be drawn that, until the (piestion
in dis])ute between the two (lovernments as to the Ici^alilyof the jjivvious seizures had
been iinally disposed of, no further seizures would bcMnade ; and there is no doubt that
on the strenu'th of this communication, and in the absence of any explicit statement of
policy to tlie contrary, Canadian citizens did, in the be;,'innini^ of the ))r(!sent siMison,
embark upon their customary seiiliiig expeditions t() J?elirini;'s Se:i, under the
reasonable iiu|)r(!sson that they would not he interfered with by the United States'
authorities so Ioiil; as they conducted their operations in the open sea, only, however,
to find their vessels seized, their property contLscated, and their ventures completely
ruined.
It is ri'spectfiilly submitted that tliis condition of affairs is in the hii,'hest deirree
detrimental to the interests of Canada, and should not he permitted to continue. l''or
nearly two years Canadian vessels have been exjiosed to arhitrary seizure and confisca-
tion in the j)ursuit of a lawful occupation n|ion the hii;h seas, and Canadian citizens
subjected to imprisonment and serious linancial loss; while an important and
remunerative Canadian industry has'neen threatened with absolute ruin. This eoiirseof
action has been pursued liy the inited States' ollicers in opposition to the contention
in the jiast of their (iovernment in rci^ard to the waters in wliich tiioe seizures have
taken placi;, in violation of the plainest dictates of interiiat ioiial law, and in the face
of re]ieated and vii.foroiis jirotests of both the Canadian and British ( iovernmeuts.
The .Minister t'dvises that Her .Majesty's (loNcrnnient be Mi,'aiii asked to i;ive its
serious and immediate attention to the repeated remonstrances of the Canadian
Government ai^ainst tlii' unwarrantable action of tlio L'nitcd States in res])ect to
Canadian vessels in Behrini^'s Sea, with a view to obtain a speedy reeoy;iiition of its
just rii,'lits, and full reparation for the losses sustained by its citizens.
The whole respectfully siibmitled.
(Si-iied) (illOHCi-; K. I'OSTKR,
Minister uf Maiiiic and luslieiics,
Dcpnrlmi'iil of Fisheries, Oltiiwn, Sojitnmhvr 1."), 1SH7.
Inclosurc 4 in No. 70.
Mr, Hamley in Ihe Minister nf Marine and Fiahrrie.i.
Dear Sir, Cimlnm-linnsr, Virlarin, British Ctiliimhia, July 20, 1887.
CAPTAIN C.MMiOUL, master of th(> .American steamer "Olympian," has been
takini^ |)artli's oi (excursionists to Sitka, and I asked liim to see the .Indite,
^Ir. Dawson, and find out sonietliiiiir we could trust respectiiu; the s<Mzed vessels.
Dawson told him he lia<l received no orders whatever for the ridcase of tlK> vessels;
they have not l)"en sold, and rr'inain as they were, under seizure. Captain Carroll
tohi Dawson of the leieirram dated last .lanuary, |)urportini; to havr; heen sent by
Mr, (Jarland, Attorney-(ieneral at A\'ashim;ton, in tiie President's name, orderini; the
T. isels to be released. Dawson said he had heard of it before, and that it must have
107
1)P('n as lio tcrmod it, a "put up tliiii?," as nothin;,' of tlio kind liad ivaeluMl either
liiiuM'll' or tiie United States' Marslial at Sitka.
The serious ))art is tliat our |)eo|)ie, trusliutf to (he story of tlu" or(h'r for reh-ase,
have sent thirteen vesst^is ai,'ain tliis year to the seah'ni,' i,M'ouii(ls. ( )n(,' has l)eeu seized
ah'eady, and if the othei's full in the way oi' the lievrnue cutters they will prohalily i)C
seized also.
I may ])erlia]is learn souu'thiiu.' nif)re from tin; Admiral when \w. returns from
Alaska, and, if so, I will write to you ,ii,'ain.
Yours, &c.
(Si-ned) ^y. IIAMLEY.
Inelosure 5 in No. 70.
Till' Atlornnj-Unierul, IViisliiiKjIon, to Jiiiltje Lufui/ftte Dairsun and M. D. Ball.
('IVle^'raphie.) Washington, Dlntrlct of Cnlnmliin, Jiiiiiinri/ 2(), 18^7.
I AM directed hy tho President to instinct you to diseontituie any further pro-
eeediiiL's in the mutter of tin; seizure of th(> Urilisli vessels "Carolina,' "Onward,"
and '' Tliorntou," and dis(diari;-e all vessels now held uniler such seizure, anu release all
j)ersons that may he under arrest in eonneetion therewith.
Inelosure (! in Xo. 70.
Mr. Dawson to Mr. Atkins.
To Jiavton Atkins, United Slates' :\Iarslial for the District of Alaska,
YOU are hendiy directed to release the vessels "Carolina," "Onward,"
"Thornlon," and "San l)iei;o," whi(di wen; seizid in I'ehrin^'s Sea for vif)lation of
section l!).j(i, United States' Statutes, t(ii;elher with their tackle, aji])arel, skins,* guns,
uiiiniuiiition, small hoats, and everything pcrtaiuini;' to said vessels, this lOlli day of
ieh
ry, lbb7
(Siyucd) LAUAYETTE UAWSON, Di.'^triH Juihje,
District of Alaska.
Inelosure 7 in iNo. 70.
Mr. Ilmnleij to llif Minister nf Mini up and I'isltrries.
■<ir.
ON the 7th Au-iust the
Cn.slnm-liouse, Victoria, Scpli'inlicr 1, 1S,S7.
master of the United States' J'evenue cutter " Hush
seized m
Hel
uin''s Sea, (iO niih^s from any land, tin; Canadian sel
•r "Alfred
Adams," her reijister, (dearaiiec, i;uns, .and amnmnition, and the seal-skins she had
taken (!,:(>»()) were all tak<'n froni her, and the ve:
herself ordered to Sitka. Noon
t'roni the Itevenue entler was put ini hoard hy Captain She|iin(l, and the master of tlit^
as desired, to Sitka, returned to Victoria,
Air
Ada
istcad of
arri\ iiiL^ here th.e .Slst Aiiii'ust.
I forward the master's deposilions hei'ore a notary puhlie, and wliat Captain
Slie]),ard is pleased to term a eertilicate of the schooner's seizure, sii;ned hy himself.
llr. Drake, a .solicitor, is at Sitka, waiting- for the cases to he heard in Court. The
d she was expected ahoiit the
trial was dcdaved for tl
Hi
lieLrlnniiit,' of this month. !Mr. Drake will no donht vi'port direct to the Jliiiister of
lusliee.
T hav.
(Sij,'ned)
I'.S. — r iiudose also ;i sealed letter a(ldre>-sed hy Ca|i(aiii Sli
.'c.
W. IIAMLEY.
inl to the District
Attoriiev and United St.atcs' Marshal at Sitka, which the niaster of the
Allivd
Ailai
thildv lit.
h:
■ht d
iiwn wi
th h
uni, and which vou
can deal with
[12S]
l-kasi- nolo >kin». — I', A. .M.
m any way you
W. U.
P 2
108
Inelosurc S in No. 70.
CiipUiin Shepard to the District Attorney and United Statex' Manhal at SilHa.
United fitates' Revenue mmmer " Rush," liehrinifa ^eir.
To whom it may concorn. Afiijust (!, 1KS7.
THIS will" (HTtii'y timt T have tliis day sci/.wl tlx- Hritisli sclioonor "Alfrc(
Adams," of Victoria, i?riti.sli ColmiiMa, Ca])tain W. U. Dyer, master, for violation o!
law, and liavc taken cliars^c of his ship's papers, viz., rei,'ister, sliippin;,' articles
clearance, bill of health, and loy; hook ; also her arms and seal-skins.
V(>rv respect f nil V,
(Signed) L. ii. SHKPAHD, r„i,lmn,
United l^lalvs' Revenue Marine,
luclosnre 9 in No. 70.
Declaration.
In the Matter of the sei/ore of the Sealinj^-schooner "Alfred Adams" by the United
States' Kevenue cutter " lliehard Hush."
L"\V^LLIA^r HENUY DYEU, of Victoria, Hritish C(dumbia, master mariner,
do soh.'mnly and sincerely declare th;it —
1. 1 am the master of the seliooner "Alfred Adams,
British Columbia, en!;ai;'ed in the business of catchiiii;' seals. On the (ith Aui^ust,
]Sh7, while
the |)ort of Victoria,
hoard t
le said schooner, and m co
nimand of the s;i
b
latitude 51*^^ IX' north and loiiiritude 107 1!)' west the 'nited States' Kevenue cutter
' Kicbard Itusb " steami-d al
a boat commaniicd bv tiu" I'irst
IJentenant and boat's vww. The said Lieutenant came (m board the said •' Alfred
Adii
the shin
:ind orcK red me to take tlu' ship's rei,'islc
rticli's, and all others of
|) s jiapers
on board the •' 1!
■il Itush
in obedience to his command
I
took all said ])a])ers and accomjianied the said Lient(>nant on board the " Hichaid
itush." Wiien 1 arrived on boai'd tin.' " Itush," the I'aplain of tbi' " liush " .-isked nu'
«hat was mv busiiu'ss in the JScli
, Sea ; 1 rei)lied takiliij seals, lie inijuiii'd bow
many skins 1 had; I rejilicd ],lib(i. lie then sai<l he would seize the sliip. take ti
skins, arms, ammunition, and Hpears. 1 stateil 1 did not think the ship was liable to
seizure, as we bad never taken a s<'al within (iO miles of OLUialnska. nor nearer
St. J'aul's than (iO i
niles so
utb of it, and that w<' had nevci- been notiliedthal tl;e
^■afers weri' ])rohibi1eil, luiiess laudini;- and takin;,' them from tb<; Island of Si. I'aul's.
lie stated he must o])ev tl
a' orders ol
his (
Jovcnimenl, and that our (Joverumenl ;ind
bis must settle the matter, and ordered me to jirocecd on board the said schooner and
deliver iij) my arms, amnumition, and skins and spears, lie sent two l»oats hehuii^in^
to the " Rush" in chari;'e of the l'"irst and Second Lieutenant (d' the " liush"
res])(!ctively, and manned with sailors from tla; " liush," who came on hoard the sa'd
schooner (I reiurnint; in comjiany with the !''irst Ijieutcnant). Tiiey took from tiie said
schooner l,.'iHG skins, 1- keirs jKiwiler (15 tri])le V and 1 blasting' powder), .")(l() shells,
;{ cases caps and primcis, U breach -loadini; double-barrelled sbot-i;uns, I Winchester
rilh". all in i,'ood ordei, and 12 Inaiau spcai's, and he then f^ave me a sealed letter
addressed to the United States' Marsiial and I'liiteil Stales' Distru't Attorney at Sitka;
he also "ave me an acknowledf;'meiit of the y'oods taken, and also njive me a certilicate
that the said schoom'r was under seizure
id. after beii
ibout
:!.' b
lonrs, 1 reeeiv<'d orders in wrilini,' to priKv
cd to Sitka, ami re])ort to the United
States' District Attorney and .Marshal : we then jjarted company. My crew consisted
if n
mate
1 Ubinese
id 21 ludi
revious
to til
seizure we h;id spoken the schooner " Kate," o!' \'ictoria, and bad been iliforineil by
the mate of that vessid that the crews (and jiarticularly the Indians) taken to Sitka on
schooners previously seized had been very badly treated. The Indians became very
mutinous on learninj; that we weie to proceed to Sitka and report to the United
States' authorities; they declared th(\y would not f;o to Sitka and, to avoid trouble, I
came to Victoria, inste^ul of goinj,' to Sitka. I arrived in Victoria on tlio Slst August,
1887, at about 7 I'.ii.
And I inakt' tliis solcnni Jh'claralion, conscientiously liolicviiii; tlie saini' to be
true, and by virtue of tlic Oaths Ordinance, IbCS).
(Si-ncd) AV. II. DVKH.
Declared before me this 1st (Lty of Septeinher, x.it. 1887, at \'iet,oria, niiti>h
Columbia.
(S^igned) II. Dallas IIklmckkx.
A Nolanj PMir in iind for llii: Pronnce
of lirithh Columbia.
(L.S.)
Inelosure 10 in No. 70.
Messrs. Drake, J'achson, and Ihlmclien l.o the Minister of Justice, Ottawa.
Sir, Virtotia, lirilinh Columbia, September 3, 1SS7.
Wl'] have tlie honour to inform you that we arc in receipt of a letter from our
Mr. l)i-ake, written from Sitka, under date the 2Sth August, in which he states that a
telegram was re<-cived at Sitka relativi' to the seliooners sei/.ed last year froiti the
l.'iiited Stiites' Attorney-dencrnl (iarland, directing their release and discharge of the
men. Th(! Judge gave an Order accordingly, which was afterwards rescinded, on the
assmnj)tion that the telegnim Mas a forgery, No ollieial lett(;r of any sort, either
cniifii'Miing the telegram or res])eeting thi; affair, has been received at Sitka. The
selioon
ers now seized and at Sitka are th(
Anna J?eck,
W. J'. Sav
Dolph
( I race
The "Alfred Adams" was also seized. The trial of the
])reseiit men, Mr. Di'ake states, would not take jilace until after the arrival of 'he
l!i«vcnu(,' cutter " lUish ;" also that, judi^iiig from the past and the views held by the
Court, the r(<sult Mould most prolial)ly hi> the s;ime, and lu'ges that itiuucdiati; ste|)s
should he taken to prevent the impriaonnieiit of the masters, and that he Mould ohtaiu
(ieelinitio'is from the mastci's duly certified, and enter a j)rotcst at the trial.
Th:
liusl
1 Mas not expec
ted at Sitka until vesterdav.
Regarding the seizure of the " .Alfred Adams," we have to state that the seliooniT
liMs arrived here safely. The declin'at ions of her c.'i|)tain, C.'ijitain Dyer, and his men
have been didy taken, Mhich her f>«iu'rs, .Messis. (iiittman and Frank, of this city,
yesterday hamied to Honourable .Mr. Stanley, Collector of Customs, together with a
sc:iled letter, Mhich the commander of the " Jhish " handed to Captain Dyer, to be
ivered to the J)istrict Attorney at Sitk,"]
ilready forwarded to the projier Department.
Tl
!'sc papers no (
loubt Mr. iitaiilcv has
A\'e have since forwarded a conv of this information to the Itii'ht Honourable Sir
.(ohn A. Maedonald, k.C.D., iVc.
We
(Si-ned)
DIIAKE, JACKSON, a.nu UELMCKEX.
Inidosure 11 in No. 70,
Mr. Ihirbiihjr la the Depuli/ Minisirr of Fi.tliurii'.'--, Ollawa.
Sir, ])rj)iiiitnenl nf . Justice. Oltaira, Sfptcmlirr \2. 1SS7.
1 ir.WI'' the liononr to inclose, for your information, a copy of a letter which has
been received by thi' .MiniKt<'r of .lustice from .Messrs. Drake, .lackson, and lleluieken,
in which they report with I'eference to the sealing V("ssels which have been seized in
the lieliring's Sea by the ruited States* authorities.
t am to .state that the Minister of .Justice has taken no action with respect to this
commnuicalion, but that he is of opinion that the Minister of ^larinc ;ind Kisheries
slionlil, at his earliest convenience, take steps to eonuuuuic.ate the substance thereof to
the Colonial Ollice and to tiic Ib'itish .Minister at AVashiugtou.
I li.'ivc, &c.
(Signed) UEO. AV. HTH HIDfi K,
Vepiity Minister of Jit.itirc.
110
No. 71.
The Mnrqtii's nf SnllKliuri/ to Sir L. HV.s7. — {^uhnlftnrr telrgraphofl.)
Sir, Forelyn O/fiiv, Ortnhtr V.), ISS?.
INrOUMATION 1ms rt-aclied Iler Majesty's (iovfriiintnt liaiii tliu (Jovfiiiiiitni of
Ciiiiada lliiita Airtlicr scizuit' has been iiiiide of a (Canadian vjissd, tlie " Alfii'<l Adams,"
by tlif I 'iiitL'd Statts' IxuvciJiic-cutui' " Uu>li," wlicii uiitraKfd in scal-ti^liiii!; in iU 'irini,''.-. Sea
in latiludi' .''>4° 48' noitli, and longitude 107° M)' west, nioic than 5U miles distant lioiii the
nearest land.
' have to request that you will forthwith address a protest to the Government of the
United States aijainst this seizure, and against the ei-ntiiiuanee of similar jirocecdings on
the high seas by the authorities of the United States.
I am, &c.
(Si'jned) SALISBURY.
No. 72.
Foreign Offici- to Colonial Offirt.
Sir. Foniijn OJpci; Orlolwr 20, l!=-87.
[ AM direeted by the Marijuis of Salisbury to acknowledj^e the reeeipt of your letter
of the 17th instant inelosinj; copies of a correspondenee received from the (iovernor-
(jeneral of Canada relative to the s;i/ures by the authorities of the United .'~^tates of
eeitaiii Hritish vessels when eugai,'ed in seal-fisbing in llelirin^'s Sea.
With ret'erenee to the latest case reported, that of the Canadian schooner " Alfred
Adams," I am to reijucit that you will inform Sir 11. Ilo! d that a telef,'ram has been
.sent to Her Majesty's Minister at \Vasliini;ton direetini; him to make a protest to the
I'nited States (ioveriiineut a^ain>t the seizure of that vessel, and the continuance on the
bij^b seas of similar |iroeeedings by the authorities of the United States.
With regard to the report that it bad been stated by .Mr. Hayaid that no protest iiau
been made ai;ainst the riirbt of those authorities to make the seizures, and that it bad been
therefore assumed that Her Majesty's Gov. rnmeiit did not really (ii>pute the rifibt, 1 am
to icmind you that Sir L. West, acting on the instructions which were given to him hv the
bite f'arl of Iddesleigb on the 20th (Jetober, l^M!, addressed a note to the United States'
Secretary of Stale protesting, in the name of Her .Majesty's Governn'ent, against the
seizure of the three Columbian schooners " 'riiornlou," "Onward," and "Carolina" by
the Inited States' Rivenue cruizer "Corwin."
1 <un turther to point out that the directions given to Sir L. West in regard to subse-
(pient seizures of other British vessels In Hebring's Sea during the present fishing season,
which were embodied in Lord Salisbury's despatches of the 10th and 27th ultimo,
amount to a protest against the assum|)tion by the United States' Government of their
right to seize British vessels on the high .seas in those ",' uers.
I am to recpiest that in laying this letter before Sii' II. Holland you will move bim to
ascertain by telegraph whether the l{e|)ort of .Mr. T'oster (the Canadian Miiuster of
.Marine and l'"isberies) of the Ijlb idtimo has b(.'eii comnnuiicated by Lord L.iiisdowne,
with the jiai'.ers attached, to Her Majesty's Minis ir at Washington, as suggested in the
J{e|)ort. On learning that this has been done Lord Salisbury jiroposes to authorize Sir
L. West to give a co|)y of them to Mr. Bayard.
I am, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 73.
*'(> L. fVest la the Marquis of Halisliurij. — {Received Octuher 2 L)
My Lord, Washi.iKilon, Octolier 12, 1887.
IN aceordaiiee with tlio instrucfions contained in your Lordship's telegram
f)f the 27th ultimo, 1 addressed a note to the Secretary ui' Slate, eo])y of which I bad
tiie honour to inclose to your Lordshi^) in my desi)atch of the 2Sth ultimo, iiupiiring
the reason wliy the vessels referred to in bis note of the .'{rd I'ebrnary b'ist had not
been released, and I now inclose copy of the reply w bieli 1 have received thereto.
1 have, &e.
(Signed) L. S. SACKVILLE WLST.
Ill
Tnclo.sure in No. 73:
Mr. liiii/iirfl ((> Sir L. ^V.v^
Sir, Di'iKirliixnil (if stall', M'fisliini/lov, Or/ofcprll, 1SS7.
I IIAV'K the lioiinur to jickiKiwlcdi^c voiii' iioh- of the 2Stli ultimo, sliitinu' that"
Ilcr ^laji'sty's (iovcriuiifiit iiad Ixtii oHicialiy iiit'orni('(i that flic Uritisli v(:hsc1s
n't'i'iTcd to in my note to you of tin; 'W(\ l''i;liruai'y last liad not Iiccn rclcasi'd, and
nskiiii; tiic I'ca.soii for the delay, in conijilyini; with the orders of the ICxocutivc in thaf
regard.
I'pon rccpivini; your note [ n( oniM; wroti' my collcaifup tlio Attornoy-'^cnciral, as
thi" lli'ad rif the !)i'|)artni(Mit of .hislicc, in order that 1 rnitcht he onaliled to reply
satisfactorily to your infjiiiry. I am still without an answer from him, whiyh, when
rceeived, sliidl l)e jiromptly eomnninieated to yon.
Ill the meantime, in aeknowle(li;iiitr your note, I take occasion to sfjite my
iMi|irrssion — that if the three vessels seized, nnd f)rden!d to he released, have not heeii
re|Missesm;d liy th(!ir owners, it is not I aiise of any hindranee on the jiart of .any
(itlieial of tliis tlovernment, or failuic to olicy the order for release, hut firolj.ahly
lieeause of the remoteness of the locality (Sitka) where tliey were taken ;ifter arrest
for adjudieatiou, and the proceed inirs havini,' lieen /n r^m, the owners have not seen
pro]ier to proceed to Alaska and rej)os.scss thein.<R'lves of the ])roportv in question.
1 have, &('.
(Si-ned) 'I'. ]■'. J?AYAlil).
No. 7 i.
Sir L. West to the Miir/iiii.s uf Sali.'^hunj. — {Rerelicd Oclnhi'r 24.)
lly Lord, W(islii,ii,fnii, Orloher 12, 1SR7.
A\ rril referene(> to your liOrdsV.ip'.s despatch of the l.'ith ultimo, respect iie.;
tlie juiliejal proeeedinirs in the cases of the schooners '•Carolina," "Onward,'' and
" Tiioriiton," I have the luuiour to state, that, from what I can ascertain, tlu' notice
<if appeal in these eases in still lyitiL,' in the Sitka (Jourt, for there is no Court
til which under the Act of CouLrress the injured p.'irtiiis could appeal, and as in the case
of the Amerieau vessel "San Diego," no further steps (-an he taken in the matter.
1 have, &e.
(Signed) L. S. SACKVILLE AVKST.
No. 7.">.
Sir L. Wffit to the Mitrquis of Sulinbury. — (Receiied October 24.)
lly Lord, Wdxlihxjtnn, Octoher ^'2, 1S87.
IN accordance with the instructions contained in your Lordship's despatch
of the 27th ultimo, I addressed a note to th(> Secretary of State, copy of which [
liave the honour to inclose hi'rewith, makiui,' similar representalious respectiiii;
the seizure of the Hritisli vessels " (inu'c," " l)ol])hin," and " AV. 1'. Sayward," an
wi'n- made in tin; cases of the '• ()n\v,ard," •'Carolina," and "Thornton,'' and reserving
all rights to eoni])ensatiini on behalf of tlio owners and crew.
I have, &e.
(Signed) L. S. SACKVLLLE WKST.
Inclosure in No. 75.
tSir L. Went to Mr. Bayard.
Sir, Wa.ihinijloti, Ortoher ]2, ISSl.
IN connection witli the rc])rcsentation which I was instructed to make to you
respecting the seizure of the British schooners "Onward," "Carolina,'' and "'riiornton,"
liy the United States' cruizcr " Corwiii," in Uchring's Sea, I have tlie lionour to inform
112
\oii tli.'it r iitii now fiirtlicr instniclt'd to iiiiiko similar representations in tlie eases of
t.iie Hi'itisli Coliiniliiaii vessels "(iraee," " l)()l|)liin,'' and " \V. 1'. Say«anl," sei/.ed
lately liy the United States' lievrnue cutter " Kieliard Kusli," and at tlie same lime, as
in the ease of tlio "<)nward," "Carolina," and " 'riiurnt(ni," to reserve all rii;lits to
(•oni|iensati(m on liehall" of the owners and crews.
1 am also instructed to jioint out to yon that, accordini; to the dc|iosition of the
mate of th(> " W. I'. Saywai'd," copy of which is incdosed, no seals had heen talicn hy
her crew in Hchrini^'s .Se.a as is allci^ed in the lil>els of information tiled on hetialf of
the United States' District Attorney in the District Court of Alaska.
I am, &c.
(Si!,Mied) L. S. SACKVILLE WKST.
No. 76.
Sir L. IVest to the Marquis of Salisbury. — {Received October 24.)
ily Lord, Washinijtnn. October 14, 1S87.
I HAVE the honour to inclo.so to your Lordship herewith copy of the reply
which I have received to my note of the 12tli instant, copy of which was inclosed in
my despatch of the 12th instant, rcspectin<j the seizure of the "(jrace," " Doljihin,"
and " \V. P. Sayward."
I have, &c.
(Signed) L. S. SACKVILLE M'E.M'.
Inclosure in No. 70.
Mr. Bayard to Sir L. Went.
Sir, Depiirliiieiit of State, Wasliiiiytov, October 13, 1SS7.
_ .. niowleds --- - ' " - — i-- .. „.k^--- . .
cases of the seizure of the British schoone
1 JIAVE tlie honour to acknowledge your note of yesterday in relation to the
cniers '' Onward," "Carolina,"" and "lh(.rnton,"
ciiEsi's oi I lie sci/.uie l>i uic j)iiiiml ^CIloollel•^ v^jiuiiiii, \_uiuiiiifi, tiiKi iin.rnoMi,
in liehring's Sea, hy United State's' Kevenue vessels in August IhbO, and also your
insUiictions to include hy similar r(])resenlati()ns tin! eases of the JJritish Coluudiian
resseis " Cirace," " Lnlphin," aiul " W. 1'. Sayward," seized hy tlu! United Slates'
J{ev(iiMe authorities in liehring's Sea, with nolilicalion that Her Uritannicr Majest^v's
(iovcininent reserve all light to eompciuation on hehalf of the owners and cicws of
the al.ovc-mentioDcd vessels.
'the allidavit of the mate of the " W. P. Sayward" has heen read, and the fiicts
therein staled « ill he at onci; investigated.
I have, &c.
(Signed) THOMAS F. HAYAllI).
No. 77.
Sir L. IVest to the Marquis of Salisbury. — {Received October 24.)
My Lord, n'at.hitujlon, Oi-tobcr It, 1«87.
i HAVE the honour to iiudoso to your Lordship herewith co])ies of the hrief
recently iiled in the Ccnirt at Sitka hy the counsel for the United States' Goveninient
which has ajipcarcd in the " New York Herald," as well as an article thereupon from
that .Journal.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
luelosurc 1 in No. 77.
Extract from the " New York IlcrnUl" October 18, 1887.
Otinun, Ontario, October 12, 1887.
'J HE Coveinment hero arc in rceeijit of advices irom Sitka which contain the
biiif «Iiich is uiiderstotd to have l.ccn prepared at "Wtishington and recently filed in
113
tlic (,'i)urt at Sitkii l»y Mr. A. \i. Delancy, as coun.sel for the L'liiti'il Stat -s' (iovcni-
mcnt.
'I'lii! I'ollDwiiiu; is a vrihntlin copy of the liriuf: —
" Casf.
"The iiifoniiiitioii in tliis iviso is liascd on Section 1!)5(5 of Ciiuptcr '.\ of tlio
I'lcvisi'd Statutes of the rnitod Slates, wiiicii [)rovi(les tiiat ' No person shall i<iil any
litter, mink', martin, smIjIc! or fur seal, or otlu.'r fur-bearinj; auinxiil witiiin tlie liniit.s of
Alaska Territory or in tiie waters tiiereol'.'
"Tile oll'enee is cliarLjed to have heen conimitted 130 miles north of the Island of
Oiiniilaska, .ind therei'ore in tlie main waters of that [lart of the Hehrini^'s Se;v ceded
hy Kiissia to the I'liiled St;it('s I)y the; Treaty of 1S07. 'I'he dfd'endauts donuir to the
information on the ii:roiind — ■
"1. That till- (.'oiirt has no jurisdiction over tin; defendants, tlie allc|j;(!d olfenco
liMvini,' hi'cn committed hevond the limit of a marine league from the shores of
Alaska.
•' 2. 'i'hat the Act under whi(;h the defendants were arrested is nnconstitntional
in so far as il reslricds the free iiaviLjation of tiie l{ehrini,''s Sea for lishinij and sealing
purposes heyond the limits of a marine leairue from shore. The issue thus raised hy
the demurrer ])res<"nts sciuarely tlu; (|uestions : —
"(1.) The jurisdiction ol the United iStat(.'s ovi-r Jiehring'.s Sea.
" (2.) 'J'he power of l.'oiii^rcss to lej^islate concerning those waters.
" The Argument.
"The fate of the see; md of these ])ro))ositioiis depends hirgely upon that of the
first, for if the jurisdiction and dominion of thi; United States as to tliesc waters be
not .sustained the restrictive Aids of C'(mi?ress must fall, and if our jurisdiction shall
be sustained small ([uestion can be made as to the pow(!r of Coni^ress to rei,'ulate
tishiui,' and sealin;,' within our own waters. The f^rave question, one important to all
the nations of the civili/.ed world, as well as to the United States and Great Britain, is
'the dominion of ikdirinir's Si!;i.'
" Thf Three Mile Limit.
" Conecrnini,' the doctrine of international law establishing what is known as tlie
marine league l)elt, which extends the jurisdiction of a nation into adjacent seas for
the distance of 1 marine league, or .'$ mih's from its shores, and following all the
indentations and sinuosilies ol' its coast, tlien; is at this day no room for discussion.
It must bi! accepted as tlii' settled law of nations. It is sustained by tlu! highest
authoriti^'.s, law-writers, and jurists. It lias been sanctioned by the Ignited States
since the foundation of tlu^ (lovernnient. It was aflirnied by ^Ir. Jcil'erson, Secretary
of State, :is carlv as 1 7!)'5, and has been reallirmed bv his successors— Mr. I'ickering,
in ITDO; ^Ir. Madison, in 1S()7; Mr. Webster. in'lH12; Mr. Huclianan, in ISl!);
-Mr. Seward, in ISOii, |S(;;j, and iwtii-; Mr. Fish, in IS/o ; :Mr. llvarts, in IST'J and
l^'^l ; and Mr. Havard, in isst). (Wlieatim's ' Intcrnalioiial Law,' vol. i, see. 32,
pp. 100 and 109.)
"Sanctioned thus Ity an iinl)roken line of precedents covering the first century of
oiu' national existence, the United States would not abandon this doctrine if they
could ; they could not if they would.
" Liindlorked Seas.
"Well grounded as is tins doctrine of the law of nations, it is no more lirmly
I'siablished as a jiart of the international cole than that other }irinciple whii'li gives to
a nation supi'emacy, jurisciietion, dominion over its own iidand waters, gulfs, bays,
and seas, if a sea is entirely inclosed by the territories of a nation, and has no other
ciiinmuiiication with the ocean than by a channel, of which that nation may take
possession, it appears that such a sea is no less cai)ahle of being occu|)ied and
Ijeconiing proj)ert^\ than the land, and it ought to follow the fate of the country that
surrounds it. Tin.' Mediterranean in former times was absoluti.dy inclosed within the
territories of the Jlomans, and that people, l)y rcmdering themselves masters of the
strait which joins it to the ocean might subject the Mediterranean to their Empire, and
assume the dominion over it. They did not by such proceeding injure the rights of
other nations, a particular sea being manifestly designed by nature for the use of the
[]28] ^ Q
114
<u)iiiitric'^ ;iii(l nntioiis tlint sun'oimd il. ( Viittd's 'l,iu nl Niiliniis,' pp, 121)
1111(1 1 :!().)
" ('li;iiic(>ll(ir Krnt, in |s-J(!, lii'Torc the (Icii'ti'inc as Id tlic iiiMriiic Ic.imic limit
was as lii'mly cstiiiilislicil as il now is, savs : —
"'It is (liiliciilt to (li'aw aiiv inccisc <ii' ilctci'iniiii'il (•(uicliisinii amid tiic variety
of (ipiiiioiis as Id llic (listaucc a Slali' may law I'liliy rxtcml ils i .xcliisivc (liiiiiinioii over
tin" seas adioiiiiiiij: ils tcrritDi'ics and beyond those pDilions of llie sea wiiieli an;
eniliiaeed liy liarliours, i^nll's, hays, and esliiaries, and over wiiieh ils jmisdielion
timinestioiiahly extends.' (Rent, vol, i, ]>. '1'^.)
" Jiirlnilirtioi} III' Sliilfs.
'■ It thus appears that, while in T^'JCi tlie limil of tiie marine hell was unset I led,
tht jmisdielion of a State over its inland waters was mn|nestioMed.
'■'Ill the laws ol' nations hays are regarded as a jiait ol' liie territory of tin?
eonnlry when llieir dimensions and eonliniiralions are >neli as lo show shat the nation
oi'cnpN inir I lie coast also oeeiipies tlie iiay as a pari of ils lenilory.' (ManniiiLj's ' Law
of Naiions,' p. 120.)
"•An inland sea or lake heloiiL^s lo the Slate in which il is teirilorialiy sitiialed.
As iliiislral ions, i:i;iy lie mentioned the inland lakes whose entire hody is \\ilhiii
tli<! United States, and tlie Sea of .V/of." (U'healon's • 1 nleinationai Law.' vol. i,
sec. ;n.)
"■jiivei's and inland iaki's and seas, w hen contained in a (larlieiilar Stat<', are
subject to tiie Sovereii,ni of such Stale.' ( Idem, vol. iii. .sec. .'KKt.)
" ' Uliihuibtedly it is upon this princi])le ol' international law thai mir riijlit to
(lominion over siieli vast inland waters ;is liie ijreal l.-ikcs. lioslon llarlionr, fjoni;
Island Sound. Delaware and Chesapeake Hays, .Mbemarle Sound, ami tiie I5ay of
San {''raneiseo rests. 'I'liis country, in 17!'I5, <'onsidereil the a\ hole of Delaware Hay to
be within our territorial jurisdiction, and it rested its claim upon tln'si.' authorities,
M'liicli admit that gull's, chaiiii<ds. and arms nf the sea boloiii,' to the jieople within
whose land they are encoinpassed.' (Kent's Com., vol. i, p. .■>2s.j
" Tlir J)il(iiiitr ulwuijs iisM'rIril.
" Ft thus appears that imr (lovernmenl asserted this doelriiie in its infancy, it
was ainounced by Air. .lelVerson as .'■•■( vetary of .State ;iiid by llie .Vttorney-ticneral in
n^J'.i. !Mr. I'ickerini;. Secretary of Siai' ' in ITOli, rcaHlrms il, in bis letter to the
Governor of \'ii'i;iiiia, in fh<' foihiwin;,' liiiii,'uai;(' : ' (Jur jiiri:-dieiion has Ijcen lixed to
e.xtenil ;j i;eo;;ra|)liieal miles from cur -liores, with the exce|itioii of any waters or bays
which are so landlocked as lo be 'im acstionably within the juiisdietion of the States,
bo their (-xtent what they may.' ( Wbcatoii's ■ International Law.' vol. i, see. .'52,
pp. 2-100.)
" -Mr. Jhiebanan, Secretary of State, to Mr. Jordan, in Isi'.l, reitcialcs this rule
in the followim;' lanuuay'c : 'The exclusive jurisdiction of a nation extends to the
ports, liarbmirs, bays, mouths of river.s, and ailjaccnt parts of tlie sea inclosed by hciid-
lands.' ( idem, p. lOI.)
"Mr. Sew.ird, in the Senate in 1S.''>2, substantially eniiiieiates the same doctrine by
doelarinii- that, if we relied ;ilone iiiioii the old rule th;>t (miy those bays whose entrance
from headland to headland do not exceed (i miles are within t he territorial jurisdiction of
the adjoinini; nation, our dominion to all the lari:;er and more iniportant arms of the
sea on both our Atlantic and I'acilie coasts W(mld havi; to be surrendered. Our right
to jurisdiction over tlie.se rests with the rule of international law which gives a nation
jnrisdintion over waters embraced wilhin ils land doniinioii.
" liehrimfs ^'ea tidand Water.
"It thus a])i)pai's that from our earliest history, contein]ioraiieously with our
acc(>ptance of the )irineiple of the marine league belt and sujiporled by the same
high aiitliorities is the .assertioii of the dooirine of our riniitr to dominion over our
inland waters iindev the Treaty of 18(17. and on this rule of international law we base
our claim to jurisdieiion and dominifm over tlie, waters of ihc.Bchriiig's Sea. While it
is, no doulit, true thai a nation cannot by Treaty aeipiire dominion in contravention of
the laAV of nations, it is none the less true tiiat, Avbatev(>r title or dominion our grantor,
llussia, possessed under the law of nations at the time of the Treaty of Cession in 1867,
115
i)ass(>(l iirid iii)\v I'iijlilt'iillx lii'liinij;s to tlit; IJnilctl States. Iliiviii;^ di'ti'i'iiiiiu'd the liivv,
we an- ln'Xl led lo iii(|iiirr as tii wlit'tlicr |{cliriiif;"s Sea is an iulaiid watiT ol" a |)arl ol'
till' (>|H oci'aii, and wliat was liiissia's jurisdictiDii over it.
•• J{i liriiiL,''s Sea is an iidaiid walor. Ui'ijimiiiiL,' on tiii! castci'ii CDa-l of .^sia. tliis
li.idy (if wi'.lri', rormci-lv known as tlir Si'.i ol' KanKdialka, is Imniidi'd l)y the I'i'mo; nia
dl' Kaincliatka and ivivliTii Sihrria to llic Itclirin'^'s Strait. iMoni tin- American side
ei' tins strut tlie waters i|' tlie l!eiii-inu;'s Sea wasli tiie coast of tiie niaiiil;nid of Alaska
as I'ar sontli as tlic I'eninsnia of .Alaska. I'' roni tlie extremity ol' tliis peninsnla, in a
loie^', sweepin-j; cin've, the Aleutian Islands strel(di in a continuous uliaiii almost to the
shores of Kaincliatka, tlins oncasiiii; the seu.
•' liii.s.si(t's Title and Dniiiiiiidii.
■■ It will not 111" denied that at the time the I iiitcd Slates ac(|nired the Terri-
tory ol' Alaska liy the Treaty ol' ISOT, fiic waters ol'tlie Hidirimj's Sea wasiicdonly the
shores of linssian t<'rritory. The territory on the .Vsiatie side sIk; had possessed ' siuce
the memory ol' man ruiinelh not to thn contrary.' Her titli; to the other portions of
ihiise shores .ind her (I .-iiiiiiion over the waters of the ]3ehrini;'s Sea arc! hased on
' discovery inid sel llemciit.'
" PoxscuKioii and Suprflmuri/,
" Till! rii,'ht ol' a nition to aeijnirc new territory by discovery and jxissession has
I II so iniiversally rceoi,'nized hy the law (d' nations that a citation of aulhoiil ics is
sciirccly necessary. Upon this snhjccl the most eminent as well ns the most conserva-
tive of authorities says; 'All iiiankind have an eipial rin'ht to thiu'^s that have not
M'l lallcn into ijic |)ossessi(in (f .any one, and those tliiiiLTs heloiii,' I the pcrsi'm who
rir>t takes piisscssioii id' I hem. When. I lierd'ore, ;i nation llnds .a country nninhahitcd
.nid witlioiil ;in owner, it may lawlnlly t.ake possession of it, and :\(tcv it has
siillicicntly made known its will in this respect it cannot Ix' de[)rivcd of it hy another
nation.'
'■'Thus uavi^;ators L;oim;' on voyages ol' di-fovery, I'ur'.iished with a eoinmission
I'rom tiicir Soverei!j:ii, meetin":; islands or other lands in .a d(!sort state, have taken pos-
session ol' thera in the n.ainc ol their nation, and this title has heen usually respected,
provided it was soon I'ollowcd hy a real jiosscssioii.' 'When a nation takes possession
111' a coimliy to whieli no prior ow ncr can lay <daini, it is considered as ac(|uirint^ the
empire or si)vcreiu;iity ol it at the same time with the domain." 'The whole sjiace over
uliieh a nation extends its j^overinncnt becomes the seat of its jurisiliction and is
ealled its territory.' (Vattel, ]>. <,)s.)
" Su(di heiiu; tin.' law, wi" are led to incjiiire as to on wliat discoveries, possessions,
and occupation I'nssin's ris^ht to dominion in North America is based.
" llisloriidl ttltrtch — 17:2o-lS(i7.
" In I72."i. under the commission ol' that wondrous combination t)t' iron and
('ncri,'y, I'eler the (ireat, an expedition was ori^aiii/ed, crossed the eontMient from
St. l'elersburi;h to Jvauicbatka, where .a vessel was constructed, and in July 1728
sailed for explorations to the nm'th and east. That vessel was the ' CJabriel.' Her
master was Vitus Hidiriiij;, a name destined fo historical immortality. On the
expedition Hehrini; crossed the waters of the Sea of Kamchatka, discovered and
ii.'iincd the Islaiul St. Lawrence midway between which ami the Asiatic inainland
our boundary-line is laid down by the Treaty, and after passiuLC throui;li the straits
which bear his nanu- returned to St. I'etersburi;h.
" In 171W a second expedition Avas ori^aui/cd under the auspices of the Govern-
ment and the coinndssioii of (^ucen Anno, and with .Hehriu!,', r.aised to the rank of
Admiral, at its head, re]ieated the lonii; and dreary journey across Siberia, and in .luno
1711 sailed for Jicw discoveries. In .Inly of that year Hehrim,' sii^bted the American
continent, sonu- authorities claim at the oSth dei^reo of north latitude, others at the
r)(»th degree. The lalter is j)robab]y correct, as it rests on tla; authority of Stellar,
who accompajiied the expedition, and Hehring un(loubt(>dly sailed as far south along
the American coast as the loth parallel, in accordance with his instructions. But
what is more pertinent to this in(|uiry, he discovered several of the Aleutian Islands
:md the Komaiulerolf i^roiip or couplet. On the larger of this couplet, which bears his
name, the hardv navigator. aft<.'r shipwreck, died ou the 19th December, 1741.
[123| • • Q 2
IIG
"Russian Discovery,
"But the spirit of Russian discovery survived liim, and fi'oni tlie startini,' point he
began traders, hunters, and adventurers made their way from island to island until the
Avhole Aleutian eliaiii, and with it the mainland, was discovered. In 1713, 17l">, 17 17,
and 17 M) a Cossack sergeant named Bossof made four consecutive voya<^es I'rom the
mainland of Kamchatka to the Hchrin^; and Copi)er Islands in vessels of his own con-
struction. In 1V!'> a sailor uiinied Nevidchinof, who had served under Hehving,
crossed the channel which connects the North I'aeilic Ocean with the ]?chrini^'s Sea and
discovered the Islands oF Aitoo and Ai;atoo, the former of which now marks the
western limit of our land dominion. In 171-t a small Russian merchant-vessel reached
the Island of A.tka and some of the smaller islands surroundiiiij; it.
"Ten years later rJlottoiV, in a ship belongini; to an Okotsk merchant, advanced
as far as the Island of Ounak, and sul)se(|ueutly discovered Ounalaska and the whole
of that i^roup of the Alinitian chain known as tiie b'ox Islands. ]r(.' made a JIa]) of
his explorations, which includes (Mghl islands east of Ounalaska. In 17()() a I'ussian
merchant, Adreian 'J'olstyk, landed on the Island of Adak, ex])lored it and some of
the surrounding islands, and made a re))ort of his discoveries to the Russian Crown.
'I'his grou]) was named after him, the Adreian Islands. The next year a ship helonging
to a liussian merchant named Hcc'lievin made the const of the Alirska I'cninsula,
and in tin' autumn of 17()2 (ilottoiV, who discovered Oimalaska and 1h(> Fox (i roup,
reached the Island of Kodiak. In 17(iS two cajjtaius of the Imperial Navy, Krenitzen
and LcvasliolV, sailed from Kamehatha in two (iovernment vessels, ancl the former
passed the succeeding winter at Kodiak, and the latter at Ounsilaska.
"Twenty-live years succeeding tiwdeath of Rehring the spirit of discovery liad
planted the Russian ensign along the entire Aleutian chain, from Rehring's Island to
the mainland of the North American continent.
" After the Seals.
'■ i'ossession and occupation followed the footsteps of discovery, and settlements
anil trading ])osts wen; established at the more favoin-able jjoints along the line.
Expeditions, stinuilated by the large remunerations of the fur traflic, were constantly
lilted out at the ports along the shores of the Se;i of (^kotsk and the mouth of tiie
Anioor River for voyages ol traih; and exploration in the new country. Lieutenant
Elliot, in his Report on the seal islands, puhlislied with the Tenth Ci'ususof the United
.States, estimates that no fewer than twenty-five dill'ereiit Companies, with ijuite a
fleet of sm.'dl vess(>ls, were thus eni]iloyed as early as 177-- l.'nder the auspices of
one of these Compiniies, Slu'keloff, a merchant of IJyIsk, foiuidcil the first jiermanent
Settlement on th(' Island of Kodiak inl7St. I'rom this [mint exploring exjieditions
were sent out, oiu; of which crossed the strait lictween Kodiak and the mainland
which bears Shekelolf's name, and ex])lored the coast of the mainland as far as (book's
Inlet, upon the shores of which in 17H(! a Settlement was estal)llshed.
"Another ])ushed iilong the coast to I'rince AVilliam Sound and Cajie St. I'llia--',
the latter of which was loe.-ited by Rehring in 17tl. In 17^S another of Sheki'loll's
sbijis visited I'rincc William Sound, discovered Yakut;\t Ray, and made .'i tlionnigli
exiili. ration of Cook's Inlet. In the meantime, in 17H('>, (Jeliriiiaii I'riliylov, a
.Muscovite ship's mate, sailed from Ounalaska in a small slo(i|) calli'd the " St. (ieorge,"
dis'jovcred the islamls \\liich bear his name, located in the heart of the Rehring's Sea,
and now far fauicd as the onlv seal rookeries in the known world.
" Baranntf's Mission
" In 17'.'0 the Sliekeloil' Company ]daeed at the head of all enterprises in the new
country that restless spirit whose energies clinched I'ussia's dominion to lii"r posses-
sions in North .\merie!i, Alexander Raranoff, Arriviiii; at Kodiak, he ehaui;i'd the
liead-(juarlers of the Company to the harbour of St. I'.aul, A\liere the village of that
name now stands, and tlu; next year one of his ski])pei's passed round the extremity
of the Alaska reuinsula and along the north-western coast, to Rristol Ray, discovering
Kvieh;d\ River and the Lake Llamna, and crossed the porlagi' to the mouth of Cook's
Inh.'t, thus lindiiig the safest and ipiiekest means of coiui;;uiiieation between ShekelolV
Strait and the IJehring's Sea.
"In 17!U RaranolVestaiilished a ship-yard at Ri'surreclion Hay, on I'rince Willi.'im
Sound. About this time the first missionaries of the (Ireek Church arrived, ami
117
Missions were cstablislied at Kodiak, Ounalaska, and Spruce Island, 'i'lio next year
EaranoiV extended his operations and tradini; posts to Yakntat Hay. I'ollowi'ii,' this
■was till! (ionscdidation of all Kussian interests in >i'ortli America, ifivini; vise to tlie
Riissian-Amcriean (!()nij)any, Avliieh was eliartered tlie year that JJaranolV Coiinded
Sitka, 17!)9. The possessions and suf)remaey Jtussia i,'aiiied under this (.'oi|)oration
have been so universally aeknowledtjed and widely understood as to s( arecly iu>ed
eoninient. L'nder tli's t"(,m])any, eharlcred l)y the Crown, jiatronized by nobility,
snstaiiii'd by the sinews of eonsolidafed capital, and led by the tireh.'ss enerpfy of
Haranoir, new explorations and Settlements inevitably followed.
" As early as ISOfi, aside? from tradintr jjosts and Settlements aloiiLj th(! Aleutian
Islands, we find the I'ussian-Atneriean Company had estabiislicd fourteen fortified
stations IVom Koiliak to the Alexander Archi])elaso, now known as Soutli-easterii
Alaska — one ai Tiiree Saints Harbour, one at St. I'aul Island, oiu- on the island of
Kodiak, one oil' Afei^nak Islaiul, one at the entrance of Cook's lnl(!t. three on the
coast of the inlet, two on I'riiuic! William Sound, one at Cai)e St. Klias, two on
Vakutat I5ay, and one at New Archauirel, on the IJay of Sitka.
" Along Ihn Const.
"After th(> death f)f Haranoff, in isi!) his successor in charije of the affairs of
the (\inipany, Lieutenant Yanovsky, made extensive explorations f)f th
mai
nland above the Alaska I'r
ninsula
One
edit
ion exi)
ilored
eoa4 and
d inad(! a
)relimin!U'v survev of the coast from liristol I5av as far as the moulli of the
1
Kiiskovim River, diseov
eruii'
and locatiiii' that stream and also tlu
<!and of
Nunivak, on parallel (!()th deixree, in Behrin^'s Sea. Another passed beyond the
th f)f the Vukou to Norton's Sotind, and another entered the Nushcirak Hiver iust
niou
.above Bristol Hav, nushed into the interior, and ei'ossed the moinit;i
ito tl
le vallev of
the Kuskovim. FoUowini' tlii
1S24 and IS-JO,
tundras
vere the
explorations and surveys of Klhloin and Luedke, fiu'thcr north on the coast of the
mainland.
fn lS2t that eminent divine of th(> (ireck Cliureh, Mishop \'eniaman()ir, visited
the coast between Kristnl Hav and the Kuskovim, ("stal/lisliini? .Mi
cha])!']
I'hurches. I'revious to this time, in IS]."), Lieutenant Ivotzel)ue, iiiider the patninafjo
)f Count Runuantzo, had discovered and surveved Jvotzelme Sound and tli(> Arctic
coast of America as far as C;
Lisbnrne. Lieutenant 'I'ebenkof, of the navv, ir
IS;{.") established Missions aiul redoubts ;it S|. ^Iiclia(d's, on the Norton Sound, and in
l^'.\^ an exjiedition litted out by him located Point Ha
lad
'I rated int,) the ii
(ll'.Z
iinol asceni
leil the Yul.
Meanwiiile, ex])editions
kon as la
ras Nul-iti
;nule the lirsi ])ort;iue betwein th.at riv.'r ar.d the Kuskovim in ls:^c
reached the same jioint fro.,i I he r'-dou'nt established by \
Malaki
emamanoii on
th.- Xi
Ir
IV of that riv(
d the Ku'ikov'.m.
"They were followed by Lientenant Zai^oskin, of the Imperial Navy, who in
1812- 115 with live assistants made extensivi! explorations of basins of the Yukiiu and
Kuskovim, a voluminous journal of whicdi is now in print.
" Unbroken Possession.
"This brink's us to the close of the first century of I'ussian discoveries and
o'cu[)ation in Nnrth .Vmorica. It is needless to follow further, as the twenty-live
ars interveniuix between 1S|.2 and the datt'of the Treaty of the United States are
ijiii. a cei.tinuation and repetition of ISussian occtipation and supremacy of (his
territory. That ])ossession \\,is never chan^'cd or broken until it passed tollie I'm'ted
States uiuler the Tr(>aty of IX!?. The ar<'Iiives of Hnssia will further show thai the
Imperial (iovcriun(>nl its(dl' not only fostered thes(> (liscov(>rics, but from the earliest
]ieriod has asserleil and exei'eised duminioii ov r the Nortii American |iossessii)ris.
" The discoveries of lieiu'iiiLi; in 172s-tL were und' i' lloyai Commis'^ion. In I7<i(')
Tolstyk, after his discovery of the Adreian i:!;roup nf fh.e Aleutian "diain, wa< Ljranted
siiecial j)rivile^-es in ihe nvw possessions l)y an iidict oi v'athevine It. '['he I'xpedition
of Kreulzen, of the Imperial Navy, to (*unimak Island in l7"iS was under eonunission
• if the same Sovereii;n. I'pon the Ilcport of i!i, Comniitti'c of Commerce and the
reeoni nendalion of ihe (iovernoi'-tJeneral of Siiieria in 17<>S, Shclikof was irrante<l a
credit from the I'ublie Treasury oi 20(),()()() roubli-s lo carry l'or\\:u'd his enterprises in
North .America. Ily a lik.ase of Catherine II in I 7'.i:< Missions of tiie <lr(>ek CInirch
were established in the new dominion, and a Colony was also founded at Kodialv under
Hoyul Edict.
118
" The Russian-American Company.
'"riie Cliiivtor ol'ttic Kiissiau-Aiuorifiui C'Diiipaiiy issut-d in 17iM> doclares lU;ssi:i's
(loiniiiidii ill tlu! followiiiiif laiii,'M!ii;(' : ' Hy tlio linlit of (lisciovcTV in past times by
Hussitm iiaviu:ators dl' tlic iiovtli-wcstcrn part <il' America, bcninninn- IVom the .jotli
(lectree oL' mirth iatilndc; and the chain of ishmd i-extendini;' i'rom Kamciialka to
America and ^southward to Japan, i^'raciously ])crmit tlio Company to iiave the use
of all luintini,' i^'ronnds and establishments now existini; (;n tlu" norlh-westcrn coast of
jVmcrica. from liie ahove-mentioned "lotli dei;ree to Uehrinic's Strait, and on the same
on the Aleutian Kurile Islands situated on (Ik; north-eastern ocean.'
"In con(dusion, the iharter onjoins : ' All military and civil authorities in the
above-mentioned loeidities not oidy not to ]irevent tho Company from enjoyinii; to the
I'ldlesi exrent the [jrivileges ijranled, hut in case of need to ju'otcct tln'm with all their
power from loss or injury, and render them, upon application of the Company, all aid,
assistance, and [iroteetion.'
'•This assertion of dominion by I'ussia was reiterated in 1820, when, by n'
Imijcrial rkasc, Alexander I ifranted the second Charter to the Kussian-.Vi ' "icu ;
Coi'i])any, renewing its jjrivilei^cs for twenty years, and was ai^ain asserted in /I (»;,
the ^'ranlim;■ of the third Charter, which m)t only increased the i)rivilei!:es o* 111
Comjiaiiy, but .also ])rovided a system of colonial ;^overnment for the llussian-
AnuM'ican colonies for the twcntv succeedin'' vears.
A'
iiti Orili
Q^"IS2I.
All these assei-tions of iurisdiction and doniiniou passed uu
ill.
(I, but ill
l!52I till' Imperial (iovei'iimenl had issued an <,)rdiiianee re^^'ulatinu; tralllc in its Asiatic
'xcliisivelv to subjects of tlu! I!
1-
nijiirc
and li>liinii-, or anv other indiistrv,
and AnuM'iciui jiossi'ssions, and n^serM'd i
'the transac^tion of eonuiU'rce, the pursuit oi'whali
on the islands in the harlxuirs and inlets, and in general aloiiL;' the north-western coast
of -Vmeriea.. from Heliriu;;"s t^trait to the ."ilst ])arallcl of north latitude and in the
AliHitian Islands, .and aloni' the coast of Siberia and on the Kurile Islands, from
Helirini;'s Strait to the .south-eastern
south as latitude 15" and .")() north.'
!''•'
itory of the Island of I'rup — viz., as fai'
'• 'I'his Ordinance calh>d forth the protests of the United States and (ireat Mritain.
id jirotractcd disenssioiis followed. A critical examination ':f the di])loniatic
corres|iiiii(lence betuceu
the l.nitcd States and (ireat, Urilaiu on one side and Kussia
upon ihe other will disclose that the points in dispute in the eontrtnersy were
the
assertion of I'ussia to exclusive jurisdietioii over the I'acitie Ocean, the assertion of
dominion over the coast of North Aineriea from the ."i.-ilh parallel south to theoiit
(See note of ,M r. Adams, American Minister to Kussia, to the Itnsviaii Aliuister,
March is^i'.i
" J''ollouiim' these discussions came tlii! Treaty of 1H21 between lliissia and the
United States, and the analoiioiis Treaty of 1S2.') between I'ussia and (ireat Uritain.
By these Tiealies, I'ussia receded from her assertion of excdusjve jurisdietioii o\er the
I'.aciile Ocean, and abandoned her claim to possessions on the coast of North .\meriea,
south of .-il" 10'.
" The Trriilii.
"The followim^ are the Articles of the Tren*y between the liiited States and
iiiissia i^ermaiK." tci the ipiestions involv(;d in iIk; case: —
'"ARTICLE I.
"'it is aui (1 that in any part of the groat ocean eommonf called the Pacific
Ocean, or South Sea, the respeidive citizens or subjects of the ili<^li Contraetini;
I'owers shall be neither disturbed nor restrained, either ' avii^atici! .ir in (isliim;, or
in the power of rese.'iin^ to the coasts upon points whi(.:i .uny not JUrculy havi! been
occupied for the iiiirpose of tradini; with the natives, ■.i\i:'i; alwH'/s: the restrictions
ami conditions determined by the following' Arti(!ies.
"'ARTICLE n.
"'With a vii'wof )ireventin;,' the rif^hts of iiavi^'ation .and of lisliina; evercised
upon the great ocean by tin; citizens and subjects of the High Contracting Towers
from bpcoming the pretext of an illicit trade, it is agreed that the citizens of the
H
l-x^^-r
119
Kussiii's
inii's l)v
lu' :>:>t\\
lalka to
the use
coast ol'
lu! SIUllC
s in till-
H- to llic
nil llii'ir
,•, ;ili aid,
:\.l" '-icjll
• ; I tn
of i\v-
l!u«siaii-
H
<?^».
United States shall not resort to any point wliero there is a llnssian establishment
without th(! permission of tiie (iovernor or Commander, and tliat reci])roeally the
suhjcets of Jlussia shall not resort without permission to any establishment of the
United States upon the north-wost coast.
"'ARTICLE Iir.
" ' It is, moreover, aj^reed that hin-eal'ter there shall not be formed by the eitiz(Mis
of the United States, or under auMiority of the said States, any establislinuMil upon the
north-west eoast of Americii, nor in any of the islands adjaeent to the north of "it 10'
north latitude, and that in the same manner tiiere sliall be nonr- fonucd by the Itussiaa
suhjeets, or under the authority of Russia, south of the same parallel.
"'AllTICLl-; IV.
'■ ■ ll is, nevertlieless, understood that dui-iuij a term of ifn years, cinini iiiij; from
llie siijnatiu'es of the ])resont Convention, (he ships of both I'ower.s, or wiiich bcloni,' to
their eiti/ens or suhjeets I'espeetively, may reeiproeally freijueni, without any iiiiidranee
whatever, tiie interior seas, ^ulfs, iiarbours, and eret^ks upon the eoast mentioned in
tiie precedin'.' Article, for the purpose of iishinij and trading with the natives of the
ciiiiMtry.' (Wheatoirs ' international Law,' vol. i, |)]). 2-1 liJ.)
" 'I'lie Treaty l)(;l\\een Russia and Creat Ih'itain coritains substantially tiie same
provisions. >iCitlier in the Treatie; nor in tlu; eorresjiondenee is any refcrenec made
to llnssia's claim of dominion over the l{ehrini,''s Sea. If in thediplomatie eorresjxjn-
denee leading' uj) to the Treaty any cballcm^e as to tin; jurisdiction of I'chrin^^'s Sea
had been made, why was it not settled by the Treaties 'r Did the llii^h Contrairtincf
Powers to these; Tr(>a tics enter into a discussion lastini^ nearly two years as to one
matter and make adjustment by Treaty as to other mattei's:
"'file Convention betweii llussiaand (iri'at i^itain. aside from disposing' of the
ipiestloM of llnssia's asserted sovereii,'nty over the I'a.eillc Ocean and lixini^ thesouthera
limit of her possession on the west(>rn coast of North AmcricM, also established the,
(iivii!''m line of their respective North American |)osscssions from .")!• lO nortli to the
tV";'.M\ ocean, ubich bonndary-line is incor|)orate(l ri'rhiilitn Into the Tre;ity of Cession
1 ! •■^'i? from Itnssia to the Initcd States. (Ti'eat> of 1!S()7, Article 1.)
" If dill'ercnces existed as to the dominion of the MclirinLr's Si>a, why were ihey not
J' . settled, as that manifestly would he a part of tli(> object of holding' the Cou-
eiitio!' ?
" Rusaia'n Jurisdiction.
" ll cannot be successfully maintained that iiy sucli t(n-m.s as the ' (Jreat, Ocean,'
the ' J'Mcilic Ocean,' o'- the ' South Sea,' the llii;h Contnictin^' L'owers referred to
the Rebrinir's Sea. 's„le from this, it is stipulated in both 'freaties that the ships,
citizens, and subjects of either Power may reci])rocally friMiuent the interior seas, i,'ull's,
barboiirs, and ci ks of the other <in the North Anu-rican coast I'oi- a period of ten
years. Tlu' only inli-rior sea on the North Aniericm coast was the J5eluinn"s Sea held
liV Itnssia. If thai was a part of tin- ' I'aeilic Ocean,' or the ' (ireat < )cean,' or the
■ Soiilh Sea ' or lielonu'ed to the liiyh seas under the law of nations, why the t(M'in " interior
sea,' and Vi'iy siionhi I he United .Slates and (ireat IJrilain accejit a ten years' limit of
the riifht of na\ illation, lishiiii,'', and tradint; in an interior .sea if they had the uncon-
ditional ri','hl to friMpn'ut those waters under the law of nations':'
" This section of th<' Treaty, therefore, really concedes Russia's dominion over
Uehring's S(>a. Chancellor Kent alhuh-s to this subject as (he 'claim of lUissia to
si)verci!j;nty over the I'aeilic Ocean north of the ."ilst degree of latitude.' (Kent,
vol. i. p. l>s.)
" A summary of resnits followinu' the discussions and Conventions as to the Itoyal
Ordinance of lsj| js Ihe ab.uiilonmenl h\ Kn.ssia of her claim to soveicinnlx overihe
I'aeilic Ocean; a surrender of her claim to the North Vmci'ican eoast south of .") I- 10';
a seitlenieni by jlussia andtireal Itrilain as to th(^ boundary-line of their jiossessions
in .\orlh Ann-ric.'i; aui'cemeiits as to setllenients upon each other's territory and
iiavii^ation of (\ichdllier's waters, but no surrender of Russia's jurisdiction over the
Jiehrinit's Sea.
120
" Powers of Conijress.
"Ulioii this brancli of the subject, the power of Conijress over Bclirinij's Sea,
tliore seems to 1)0 little room for diseiission. The power of a natiou to control its own
dominions is one of the inherent elements of sovereignty.
" ' AMien a i.ation takes possession of certain parts of the sea, it takes ])ossession
of the empire over them as well as of the domain, on the sanu? ))rinciples whicli an-
advanced in treating; of tin; land. These parts of the S(.'a are within tiic jni'isiliction of
the nation and a part of its territory; the Sovereign commands them; In; makes laws
and may j)unisli those who violate them ; in a word, he lias the same rights there as
on the land, : ncl in ncneral, every right which the laws of thi' State allow him.'
(Vattel's 'J.a^v f "'ati ms,' p. l.SO.)
'• Hy the T.c 1S()7, ' thi.' cession of territory and dominion therein made is
declanvl to Ix? Ir d iincncumhered by any reservations, ])rivileges, franchises,
grants, or jiossession,-, .... and conveys all the rights, franchises, and jjrivi leges
now belonging to Russia in the said territory or dominion and the appurtenances
thereto.' (rreaty, Artich; VI.)
" The Constitution of the United States declares that all Treaties made under the
autli(.ri(y of th.' L'liiti'd States shall be the su))reme law of the land, (t'onstitution
of the Tnited States, Article (J.)
" That same iustnunent v(>sts in Congress ' the jiower to make all needful rules
and regulations respecting!; the territory or other property belonging to the ','nited
States.' (Constitution ol the United States, Article t, section ;{.)
" I\rai\il'cslly, the Acts of Congress containe(l in chaj)ter .'5, Revised Statutes of tin.'
United States, ' ridatiug to the uiuirgani/.ed Territory of Alaska,' and under which
th(> inC'irnialion is brought, are embraced within these constitutional provisi(,ns.
" Concluaion.
"The forci.':oing record may contain but a uu'agre idea of the indomitable energy
and ])ei>e-erance disiilnyed by tlu^ ItussiaTi people in acijuiiMMg em])ire iu North
America, beginning with discoveries of Rehring in 17-S, and extending for more than
a centui'V and a ciuarter, wherein they braved the jierils of land and sea, overcame a
savage native p;)pulation, faced ice and snow, storm and shi])wreck, to found and
maintain onpire; on these rugged shores. Enough lias been said to disclose the ])asis
of Russia's right to jurisdiction of the Rehring's Sea uiulor the law of nations, viz.,
original posscssicn of the Asiatic coast, followed by (liscov<>ry ami jxissession of the
-Vleutian chain ami the slnu'cs of Alaska \orth, not only to Beliring's Strait but to
Roinl I'larrow and the frozen ocean, thus inclosing within its territory, as within the
embrace of a mighty giant, the islands and waters of Hehring's Sea, anil with this the
assertion and exercise of dominion ovin* land and sea.
"Such is (lur undei'staiuling of the law, such is the record. Upon them tiie United
States are prepared to abide the .Judgments of the Courts and the opinion of the
civilized world.
Inelosure 2 in No. 77.
El trait from the "AW Ymk Hcriitil," Oclolirr IM, 1887.
Tur; .\i,.\sK.vs Sii.vi. Fisiii;uii:s. -The " Herald " lays before its read<'rs this
morning the groinuls on which the l.'nited States claims exclusive jurisdiction over the
seal lisheries of J^'luing's Sea, as set fin-th in the brief of the couns(d for this country
in the case against certain British vessels charged with violating our rights.
The jilea in defence is that tlu; United States has no dominion over the Viat(>rs of
Rehring's S(>a beyond a marine league, or .'i inih.'s, from the Alaskan shon-. ]?u( this
view canimt be sustained. As is shown by numerous authorities citi'd in Counsellor
Delaney's brief, it is a recognized principle of international law, and one wbi(di this
could ry li;is always asserted, that a nation has jurisdiction not only o\er waters within
the marine leai^ue, but all waters, whatever their extent, embraced within its land
dominion, (iulls, bays, and .arms of the sea l)(dong to the coiuitry within whose land
they are encompassed.
Now liehring's Sea is not a part of the open or high sea. It is, as ^fr. Delaney
(dearly shows, "an inland water cut oil' from the ocean and essentially land-locked."
Before the purchase of Alaska by the United States in ]bll7 it was within theexcliisive
121
jurisdiction of Russia. By tliat purciiiiso itpasscd into the exclusive jurisdiction of tim
I iiitcil Stales, wliii'li suiu-cwlc^d to t)ie title of Jlussia.
No. 78.
77/p i\ffirqiils of Salisbury to Sir L. West.
Sir. Forriijn Office, October 20, 1887.
Wl'i'll. rcforcntie to my ilcsjiateli of the lUtli instiint, recjuestins^ you to jn'otest
ti) Ihi' L'liited States' (iovi.'rnnnMit a;^ainst the seizure of t lie liritiwli sealiiiic schooner
•' .\lfred Adams" in Jielirini.;'s Sea, 1 liav(! to instruct you to yive the United States'
Secretary of State a copy of tin; l{e|)ort, and ineiosures, whicdi was drawn up by
Ml'. I'li-^tei-, the Canadian .Minister of Marine and I'isiieries, on the l.jth ultimo.
I understand tliat this document lias heiMi coinmuiiieatc'd to you by the Uovernor-
(leiieral of ('aii.'ida, and a copy was inclosed in tiie letter from the Colonial Office
of liie 17tli iiistaul.
I am, &c.
(Si-ned) SALISBURY'.
No. 7!).
T/if- Munjuift of Sfilinbiirii In Sir L. iVest.
Sir, h'ureiijn Office, ()ri„her 29, 18S7.
I ll.VVI'] receivcid your despatch of the lltli instant, inclosijii,' a luite from
Mr. Bayard, in wliiidi he expresses re;;ret that the orders of the I'resident of the
Knited States for the release of tiie vessels ■' tJandina,'' " <Jn\v:ird," and " 'L'liorutou "
sliniild have Ikmmi di'layed tlir(iiu;'!i miscoiiceiitioii, and states that renewed orders have
lieeii fiirw.arded for their liberation.
I approve your action in liavint; forwarded a cojjy of this note to tiie Governor
(ieiieral of Canada.
J am, &c.
(Signed) SALISBURY.
No. SO.
Sir L. West tn I lie M'lrrjiiis nf Siilisbun/. — {Riceiveil October 3L)
My liord, n'iishinrjton, October 20, 1RS7.
I ir.WR the honour to iiudose to your Lordship herewith copy of a note which,
upon the receipt of your Lordship's telei;rani of the T.tth, L addressed to th(> Secniary
ol' State protestiiiLr airaiust the seizure of the Canadian vessel " .\lfred Adams" in
Heliriiu,''s Sea, and au'aiiist the contiiinatiou of similai' proeee(lini;js by the Uuited
States' authorities on tlu; hi;,'li seas.
F have, &e.
(Si-ned) L. S. S.\CKVILLE WEST.
Iiiclosiire in No. Sd.
Sir L. West to ^fr. liniinrd.
Sir. Wnshinytmi, October 19, 1887.
I II WM the ho'ioiir 1i inform you that f am instructed by the Marquis of
S disbury, ller Majesty's I'rineipal Secretary of State for l"orcii>;ii .Vlfairs, to protest
ti'.'aiiist the seizure of tlii' Canadian ves>-el "Alfred .\dains " in Uehring's Sea, and
a'.:aiiist the continuation of similar proceedings by the United States' authorities on the
liiu'h seas.
I li.nve, &c.
(Sii.'ncd) L. S. SACKV[LLR WliST.
LI28J
B
122
No. SI.
Sir L. Went to the Marqidn nf Sdlislmry. — {Received Nnrrmbir 14.)
My Lord, Washinr/ton, Orloher 2.3, 1887.
AA'I'ril nrfprcnnc to my dcspfitcli of flic 2()lh instant, in which I iiad the
lioiioii)' to iiKdosc copy r)l' the note wliicli, accordiii!,' to instructions, I luhh'csscd to the
T^nitcd States' Govornnicnt on tiic siihjcct ol' the seizure of tiii! " Alln'd Adams " in
Behrinu's Sea, 1 iiavo tlie honour to transmit iierewith co])y ol' Mr. Uayard's reply, in
wliieli he acknowledges the receipt of my ahovo-meiitioned coramunictition.
I liave, &c.
(Signed)
L. S. SACKVILLE WEST.
Inelosure in No. 81.
Mr. Bayard to Sir L. West.
Sir, Department of State, Washington, October 22, 1887.
I ITAl) the honour to receive last evening your note of tlie ]Oth instant,
conveying the instructions addressed to you hy the ^Marquis of Salishury, that you
shoidd i)rotest against tin; seizure of the Canadian vessel "Alfred Adams" in
Behring's Sea, and against the continuance of similar ])roceedings I)y the United
States' authorities on the high seas, and 1 iiave, &c.
(Signed) T. P. BAYAIIU.
No. 82.
Colonial Office to Foreign Office. — (Received November 21.)
Sir, Doiiniiifj iSlrcel, Nnrember 19, 1887.
ATITII reference to previous corresjiondence, I am direcled hy Secretary Sir ilcnry
Holland to transmit to you, to he laid hefore tlie .Manjuis of Salishury, .a copy of a
despatch from the (jovernor-deneral of Canada, iorwardiuL; a .Minute of the llxeeutive
Council of British Columhia res])ecting the vahu; to that iirovinci; of the stjaling
industry on lielirinic's Sea.
1 am to ask what answer slnnild he returned to Lord l.ansdowne, and to suggest
that co])ios of these papci-s should be forwarded to iler ilajesty's JlinistiT at
Washington.
I am, &c.
(Signed) JOHN BRAiLSTON.
Inelosure 1 in No. 82.
Tlic ^farc/uis of Lansdowne to Sir [I. Holland.
Sir, Uotcrnmcnl House, Otiaini, Oclnbn 20, ISST.
I HAVE the honour 1o transmit to you a co])y of an a])|)rovcd iieport of a
Committee of tlie I'rivy Council, to which is ap|iende{l a co])y of a despatch from his
Honour the Lieutenant-(io\einor of ISritisli Cohnnhia, covering a .Minute of his
Hxecutive Council setting forth the value to British Columhia of the jirescnt sealinir
industry in i?chring"s Sea.
Vcu will ohser\e that the Executive Councilor Jh'itish Columhia consider that
the rights of Jirjtish sul)jects, as regards the Jieliring's Sea, should he included in the
scope of t!;e duties of the international J'isheries Commission.
1 have, i^c.
(Signed) LANSUOWNE.
123
Inolosun> 2 in No. 82.
Report of n C'onunillai' nf the Ilnnonriihlc lite Privii Cnitnril fnr ('(inridti, (ipprnrrd ht/ his
Exci'lli'iici/ titc (Joicrnoi-Gciii'riil in Coiiiicil mi tlic \.')lh October, \bfil .
'rJllH,'()iiiitiitt('c of tlic I'rivy Couiu'il liuM' liail uiulor considonitioii a dcspjilcli,
diilnl iJlli September, 1S87, I'loin tlie liii.MiteiKuit-nDveriioi' of British Coliiiiilii;i,
(iiveiiiii; ;i ]\liiiuto ol' liis Ivveeiilive (Amiicil setting I'oi'tli tlio valiu; to J?iitisli
('(iluiiibiii ol tlie ])resciit se.'iliiii;' industn' in lieiiriiiy's tSeu, toi,'ether witli tlu; opinion
(if the Executive lli;it tlie riijhts of Hrilisli subjects sliould Iiiive tbn same ])rotecti()n
md consideration (111 tlie I'acilie as on tne iVtIantic, and tlial tiiese riu;lits as regards
the iJeliring's Sea sliould ix; in(dudcd in tlic scope of tbe duties of the Intornational
Commission in process of ori,'aiiizatii)ii.
The -Minister of .Marine and I'isbcrics, to wbom tbe despatcb and inclosurcs M'cre
referred, rccomnicnds that a copy of tbe dcsjiatch nd'errcd to, with its inclosurcs, be
truusmitfcd to Her .Majesty's (jovcrniuenl.
Tbe Committee advise tiiat your I'jxcelloiicy be moved to transmit a copy of tbe
jiapcrs iierein \ncnti(jncd to tbe liiirbt Jlonoiirable tbo Secri.'tary of State lor the
Colonies, for the information of Her ALajesly's (JovernmiMit.
All which is rcspcctfullv suhmittcd.
(Signed ) .1 (J 1 1 N J . ^[c ( i I- K , Clerk,
Pririj ('(luncilfor Canada.
Inclosurc ;i in No. .S2.
Lii'utcnanl- Governor iVe/.vo« lo the l^ecretari/ of State, Ottawa.
Sir, llnrrisnn lint SiiriiKjx, British Columbia, September 15, 1887.
1 lIAN'l'; the honour to transmit liereuith ;i cojiy of :>. .Minute of my Executive
C luncil, a|)]iri)\cd by me on tlu^ 'Jlli instant, rcpn.'senling' tiie value to the Province of
lirilisii Columbia of the ])rc'siMit scaliiin' industry in lieiiriiig's Sea, tlie number of
\(,'ssels, men, ifcc, engaged in the same, tin; loss to the province certain to ensue from
till' destruction of this trade liy the seizures :in(l conliscations mad(> by tbe United
States' eruizers.
That tlic rights of 15ritisii sulijects sJKiuld have tbe same protection and conside-
ration on the I'acilie as on the Atlantic, and that full comiiensalion and redress for
ill juries alreaily received, and assurances of future non-interference, should be obtained
from the I'uitcd .Stales' tiovcrnmeiil.
'I'liat this (|uestion should be included in the scope of the duti(N of tbe Intcr-
niilioiial fishery Commission now undersiood to he in process of organiziition, and
that it is desirable said Comniissinn should hold simie of its sittings in Victoria, for
reasons therein set lorlli, &c.
I have, &e.
(Signed) UUliK NELSON.
Inclosurc I in No. S2.
PiioviNci: 01' J5i;iTisii Columbia.
Rtjiitrt nf II ('(iiiiniitler of the IhiiiiiKiiilile the Eieriitive Council, iipjirnced In/ lii.s Honour
the IJeiilrniiiit-docenior on the \)lli September, 1SS7.
ON a Meinoiandum from the llonoiir.'ihle the Mi listerof i'iii.ancc and Agriculture,
dated the I'ltb Se[)tcinber, lss7, setting lorlh —
That there are usually eugaLrcd in se.al-lishiu^;' in l!eliriiig's Sea seventeen vessels
wholly owned liy |ieo|)h' residing in this city, of the aggregate value of 12."),000 dollars ;
I'hat, the oiillit for each semi-annual voyage of these vessels represents an expen-
diture of 7r>,()(K) (h)llars, etiual to 100,000 dollars a-Tcar ;
Tliat each of these vessels, on an a\('rage, (Miiploys a crew of live whites and
hIkhiI t\M"ntv Indians, or llfteen to cigbteeii whites as haulers;
[i-^si n 2
124
TliMt the probable aj^cfregatc value of the product of eachvoyatje is 200.000 dollars,
or l()0,0()() dollars a-ycar;
'J'liat tliis industry, tlioudi as yet only in its inl'aney, is a very important one for
so small a community ;
That the i,'larini^ and unlawful seizures and eonliheations in liehrintr's Sea durint;
last season and the |)resent yeai- are coniph^tidy erushiu!,' out this iul'ant industry, and
causing; luin, ami, in several l<iu)\vu insfanei's, actual <lislress, to ttiose who have
invested their all in the business and relied upon it for a livelihood ;
That the destruction ol' this industry not only entails ruin aiul distress upon those
directly eni^ULced therein, but it allVets most injuriously tlie trade of the province, and
drives from tiies(Mvaters a race of hardy and adventurous lisl.ennen, who, witii their
families, are lar^'C eonsunu'rs, and wlio would in tinu; become a viry important
clement of strength, if not the nucleus of the future navy of Canada on the
Pacific.
That tlic rii^hts and interests of British subjects, whether in fisheries or commerce,
are entitled to the same consideration ami protection on the Pacific as on tin.' Atlantic,
and that it is therelore the duty of the Dominion Government to employ every
projier means for ol)tainini; immediate and full eonijiensation .and redress for past
injuries and Avronys, as well as to iruard against the possibility of a re])etition of these
high-handed outrages in the future;
That it is believed to be desirable that this question should be included in the
scope of the duti(!s of tlie International Commission now understood to be in ])focess
of organization for the .settlenu'nt of the fishery disputes existing between Canada and
the United States of America : and it is considered most imjKJrtant that the said Com-
mission should hold one or ni(jre of its sittings in this city, in order that those more
directly acquaint(>d with and interested in the I'aeilie tisheries may have a better
opportunity of being lii>ai'd and making the Commissioners more thoroughly aeipiainted
with the subject than would otlierwis(! be [)ossible :
The Committee advise approval, and that a eo])y of this Minute be forwarded to
the Honourable the Secretary of State for Canada [sic].
Certified,
(Signed) .INO. ROBSON, Clerit, Ejcecutivc Council.
No. 83.
The Marquis of Salinburii to the Ihilish Plcnipotcatiariex at the Fishriie.s Conference. -
\iiu\istuncv telvijni[ihed.)
Geutlemeu, Foreign Office, i\(jvemhcr 28, 1S^7.
I llECEIVEU ou the 20th instant a telegram from ^Ir, Chamberlain, incpiiring
whether a ])roposal for an Tnternational Confereuec- in regard to the J5eliring'.s Sc.i
fisheries had be(;n accepted by Her .Majesty's Government.
iou are aware, irom the uorrespondenee whicdi is in your possessi)n, that
communications with rel'crenee to a proposal which would appear to iiave been
addressed to some of the Maritime Powers by the United States for an International
Convention for the i)rotection of seals in th(; Hehring's Sea, were received last OctobiT
from the German and Swedish Char;^es d'.VIl'aires in London.
No definite invitation, however, for an international understanding on this
question Las yet been received from the Government of the United States by iler
Majesty's Government.
In answer to a (piestion from ilr. Phelps, 1 have expressed my.self as being
favourably disposed to negotiating for an agreement as to a close season in all .seal
fisheries, to whomsoever belonging; but 1 carefully separated the question from all
controversies as to fishery rights.
I am, &c.
(Signc'') SALISlJUPtY.
126
No. KJ..
The Marquis of Salisbury to the British dniiimi.ssioiK'ns in the [■'islu'ri':i Con/crence.
(jciitlomon, Fiireiijh Olfict; Xoremlier 29, 1887.
I 'ri!AXS\fIT lici'owilli, for yrmr inrmmalidii. u cuiiy of n Idler IVom Hii!
Cnlniii.'il Odlcc,* and its incli.siiri's, {'.'illiiii.' ;ilti'iiti<iii to tln' value to JJritisli Ci)htinl)i;v
oC (lie |)i'es(Mit M'aliiiLf iii(l\isti'y in lieliriiii^'s Sea.
Tlie l%xeeii(i\e Coiiik';! of tlie C'l'IdiiV e.\|)re>-. .-t desire lliat tliis (juestimi .slioiild
be itieliiiled in tlie scope of tlie dulies of tlie l^'isiieries 'Joiifereiice now sittili!^ at
WasliiiiL;toii.
A copy of the reply wliicli hasboiMi rotunied to (he Colonial Oflicc! is also iiiidosed
hcrewitli.t
I am, &c.
(Signed) S.\LISRURY.
)r\vardL'd to
No. 8").
Foreign OJfire to Colonial Office.
Sir, Fnrriijn Oflire, Xnvfiiiber 29, 1887.
I AM directed by the Marcpiis of Salisbury (o aekiiowlelice the recei[)t of your
letter of the I'.tlli instant, with its inelosnres, showini? (lie value to Hritish Cohiiiibia of
the present sealini; industry in liehrini^'s Sei.
His J>or(lship notes 'In; opiiii(>n ex[iress.'d in the .Mini'.tr of the l^xecutive Coiiiieil
(if the Colony that this question should lie inidiided in the scope of the duties of (ho
rishcrics Coiirereiue now sittini; a( AVashinnton.
I am now (o rei|uest (hat, in laying; tliis letter before Secntary Sir 11. Holland,
you will s(ate (o him that copies of Lord J^ansdowne's despatch of the 20(h ultimo,
and of its iuclosures, will be forwarded to the ]5ritish I'lenipoteutiaries at the
Conference.
I am also to call attention to the instructions in re!:;ard to tliis subject contained
in Lord Salisbury's despatch of (he 21th ultimo to the IJritish Plenipotentiaries. t
It was then .stated that " the question of the seal lisheries in the IJehrin ''s Sea
. . . has not been s])ecifically included in the terms of reference; but jou will
niid(Ts(aii(l tluit if (he I'nited States' l'leiii]io(entiaiies should be authorized to discuss
that subject, it would come within the (ernis of the reference, and (ha( you have full
power and authority to treat for a settlement of the points involved in any m;uiner
which you may d("ein advisable, whether bya diree( discussion a( (lie present Conference
or by a reference to a siil)se<iuent Conference to adjust that particular (piestion."
Lord Salisbury would suir^est, for Sir 1[. Holland's co isideration, that the
substanc-e of the.s<! instructions should be communicated (o (h.- (Jovernor-General of
Canada.
T am, A:e.
(Si,-n,(l) .FULVAN PAUNCEFOTE.
No. SO.
Mr. ,/. Chdiiilirrltiiii, M.I'., to Ike Mnrijui.t of >Sali.shitrii.--(lipcciv('<l Dcrrnilicr 12.)
.My Lord, WaMnijton, Xovciiiljer 1^8, 1887.
I ILWK received your Lordship's (elegiam of (his iluy's date, in reply (o mine
ol (he 'J.jtli instant.
In explanation of the circumstances which led iiie to address (o your Lordship the
inquiry contained in my (elegiain, I slunild state (hat Mr. Anij;ell, one of the United States'
I'leiiipotentiaries at (lie Fishery Conference, sta(ed (o nie, in (he ccnu'se ot a private and
coiilidential conversation, that an invit.ition hud been conveyed to your Lordship, on
beluilt ot the United States, to take part in iui International C'onlerencc for (he protection
• No. S2.
t No. S5.
i Sic " I'liilcd States No. 1 (ISbS)."
1)1 t'liL" M'lil (islicriis ill the I5iliiiiif{'s Sea, aiil that yoiii' Lordship huil cordially accepted
this iiivil itioi'.
I i!iay add that liie (iii(>lioii of the seal lisiiciy in the Ik'li ring's Sea lias not yet
aii-cii lor (liseussioii at the sittings oC the Coiilereiice.
1 have, kc.
(Signed) .1. ClIAMBKULAIN.
No. 87.
Colonitit OJ/icc Id Forciijn OJ/icc. — (Rcccircil Doccmlier _'(!.)
8ir. I)(}iniliii/ SIri'i'l, Drrniihcr 20, 1SS7.
I .'v^r direeli'd by I he Seen'lary of State for I lie Colonies to traiisiiiit to vou, to ho
laid liel'oie the .Mai'(|iiis ol' Salislmry, a copy of a despateli from the (lovenior-dencral
of Canada, forwardiiii; revised (daiiiis made hy the owners of tlio " 'I'liornton " and
"Carolina " for losses sustained on .neeoiint of the; sei/.iire of these vessels by a United
(States' ili'voniie vessel in lielirinii;'s Sea.
'j'lu" revised claim of the owners of tbe "Onward," the other vess(d seized in I^St!'
has not yt>t been received, but Lord Salisbury will know whether it will be advisable
to wait for it before piiltiuLf forward tli(> " 'i'liornlon " and '"Carolina" claims.
I am to request that the inelosiires in Lord Landowue's desjiatdi, which arc sent
in orii^iiial, may be retiirni'd when done uith.
I am, &c.
(Signed) JOHN 1311AMST0N.
Tnclosnre 1 in No. ST.
Tiif Mdiiiiiis (if Liiii>:(lnwiu' tu .iir II. Ilolltiinl.
Sir, Gorrniiiii'in llaiisr, Olliiini, ])i'cciiilier 2, 1SS7.
WlTIf reference to yonr des)iate]i of the 1 tth September last on the sill)j(!ct ol'
the seizure of Urilisb sealim,'-vessels in 15ehriii!4'.s Sea by United States' Uevoiuie
criiizeis, and direetini,' attention to the maifnitndi! of the claims for comjiensation ])re-
I'erred by the owikm's a'j:aiiist the Liniteil States' (iovernment, I have the honour to
forward herewith a copy of an ajiproved I'eport of a (.'ommilteo of the I'rivy Council,
.'.ubiiiiltiii^ a revised Staleineiit of (lie losses sustained in the cases of the "Thornton"
and " Car'ilina." My .Minister of -Mariiii' and I'isheries considers that tin; claims now
made ••ire not unreasonable.
Von \\ill observe that whereas the .■iinouiit at llrst claimed in i'es|)cct of the seizure
of these two vesscds was l(l"j,22:i dollars, th(> amount now claimed is 71,UtO dol. (i(i c.
In the ease of the " Ouwaril," the third vessel seized, the claim has not yet been
returned by the owners.
I have, ice.
(Sii,'iu'd) LANSDOWNE.
Inolosure 2 in No. s7.
Cnlijird <j)py ot II lie/iorl of a Cominitlcc of llw llonouridili' llie Piinj ('oiniril for Ciiiiiiilii,
iipiirovcd by liin Excellency the Governor-General In Council on llw 2'Jtli Noveinlirr,
1887.
TIU' Committee of the I'rivy Council hav(^ had UM(h'r consideration a despatch,
dated the IMli Seiitember, ]^<''7, ''roni the I'iulit Honourable the Secretary of State for
tli(> Colonies, on the subject of the seizure of British sealinij'-vessels in liehrini!;'s Sea by
United St.ates' lievenue cruizi'rs, and direcliii^' attention to certain claims for eoiu-
jiensation an'ainst the United St:ites' (Jovernm(?iil.
'I'lie Minister of Marine and I'isheries, lo whom tlu; despaU'h and inelosiires were
referred, staled that the elaiuis (three in number) i'(!l'erred to in this despatch were
127
wnt back to tlio nwnor.i of tlio vossols (or revision. Tn tlio rnsos of two of tlicso, tlio
" 'riidrntoM " mid " CanilLnn," a lull and dctaili'd revised .Stalcincnt id' tlie losses is
!;idiliiilti'd iiere\\itli. 'I'liese, the Minister siihiiiits, are not nni'eMsoiiahle ; tlii; (daiiii
lor the "Onward," tiie third vessol seized, has not vet he^'n r(;tiirned Iiy tiie owncn's.
Till' Conuiiiltee rcjeoniniend that your I'Ai clleney he nioveil to I'oruard the ejainis
heri'in nuMitioiieil to the liiitht ilononrahle the Secretary of State for tlie Cohjuies, for
nansniission to the United States' (io\crnnient.
All wliieh is re.s[)e(.'tfidlv suhniitted for vour Mxccdloncv's a|)|)roval.
(Si^'ned) 'JOHN J. McfiEK,
Clerk, Priri/ Coinicil, (JuiukIii,
Inelosurc 3 in No. 87-
Declaration of James Dour/las Warren.
od in ISSC
e, advisahh-
1' the M'izure
» dol. (iO c.
lot vet been
for Canada,
h November,
lo.sures \v(>re
spatch w erci
City of Ottawa, I'rovinco of Ontario, Dominion of Canada.
I, ,1A:MKS DOUGLAS AVAHni';N, of the city of Victoria, in the rrovinec of
Mritish ('idunihia, of the Dominion of Canada, mariner and sliip-owner, solemnly and
sincerely declare as follows: —
1. That T am the duly authorized ai,'ent of \\'illian) ^^unsle, of (he city of \'ictori;i
aforesaid, the owner of th(> herein.'ifler mentioned schooner " Carolina."
'i'liat the said schooner "Carolina'
IS a
Hi'itish vessel, registered ;il the iiorl of
Victoria iifbresaid, of about
tons l)in'deii, builders' mi'.asurcTnent, and tl ,t ii
ISSI- the "Carolina" was rebuilt and lepudhencd about I'l feet bv a section built
aniiilsluns, a
[ind
tirst-dass order aTid condition. In A.n. IHH't (ho said " Caro-
was v.'dued for insurance bv the l'
Insurance Company at l.ttUO doll.ars,
1(1 in A.T). T^s(; the California Insurance ('oni|Kiny |ilaced the same value, mimely,
upon liei' for a like ])ur|iose. | am informed l)y the said William Munsh
.000 doll
:ir;
id 1
iclieve that since the ridiiiildi
id enl
;irirein
cut of the "Carolina," sli
been re-rei;istereil at the |iort of A'ictoria aforesaid nor at any other port, and tli.at
(Mii~e(piently her actual tonnage is :,'reater than appears liy the ollicial reconl, or the;
rei,'ister of the said " Carolina."
:{. That on or about tlie 2(ltb day of :Ma\-, a.d. ISSO, the said " Carolina " left the
duly cleared at Customs, one .Fames
]iort of Victoria aforesaid, after havin;; b
l)i;ilvic IxMiiLr master, and one James Ml;
mate
id
a crew ol nine sailors am
hiuilers. on n tlshiii!'and liuntimr vov;e,i> in the North facifu! Ocean .and Helirini;'s Sea.
\. Thai oil the 1st (lav
Auiri
1st, in said vear I'^'^t), wliile in s.aid Mehriiu
Sea
rlh latitude
.")(!', west loiiLritude Kis .");>', then bein:.;' from (!.") to 7'> miles from
the nearest land, and while, as I am informed and verily believe, Lawfully pnrsiiin
tli(
ijects
id v(
.the said schooner '• Carolina " w.as seizei
il bv t'
nited
Stales' steam-ship "('orwin," and taken to Ounalaska, in tin.' T'erritory of Viiska, of
the United States of America, .and her voyage broken u)i.
it. Thiit on arrival at Ounalaska aforesaid the " Carolina" was, by order of the
United States' authorities, stripped of h'r oiittit and rnnninLC-uear, tlie seal-skins on
hoard taken out, the capt.ain, .lames (.)i;il\ie, and th(! mate, .Tames Mlake, placed and
arrest and sent to Sitka, in
J
Teriitorv of Alaska, and the crew sent to lhi> citv of
111 J'rancisco.
(i. That upon arriv.al .at Sitka tl
cajitai
111 the male of tl
rorinally charu'eil with havini;' \iolated the laws of the I'nited States
ri'spectiiiLT se.al-lishinn' in the waters of Alaska, but before the day fixed for tin
' Carolin.a " were
V.merica
1 trial of .said charii'c Captain Oiiilvie disappeared, and was afterwards found dead
about the ueiiihbourl
if Sitka. The mate, .lames Blake, was tried, found u;uilty,
and sentenced to pay a lino of .'!(!(> dollars and b(> imprisoned at Sitka for thirty day.>
ami which imprisoumenl, he, .lames HIake, snil'ered.
7. That hereto auue\ed, markeil (A I, is a Statement of the articles comprisiiiiJ: llie
iiitlit of the schooner " (.'.arolina " on iier departure on said voyaijc, and all of which
I
■ilv bel
leve were (
)n board the "Carolina" at the time
her seizure, excej
itiiu
only what had been eousnmed in the ordinary course of the voyaije, tou'ether with the
value of said articles, also of the amount of ]n'emiiims ])aid for insuriince on the bull.
oiitllt, and car^'o of the said •'Carolina" for the said voyai^e ; also of the amount
ef wanes paid to th(> cnrw and hunters on board the "Carolina" up to the time of
such seizure ; also of the espi nses of tlu! mate .and jiart of the crew in icturnin;^ to the
128
citv of Victoria I'loiu (^iiiinlaskn and Sitka, aii<l also a statcini'nt of tin- nuinlHT
of seal-skins on board tlio "Caniliiia" at the (line of said st-Jziin', and llu' value
tlii'vnof.
S. 'I'lio l''xliil)it (1?) licri'to anncvod is a Statement of tlie eateli of tliirleen
sealinL,'-vess(ds in and aliont the Heliiinu''s Sea dnrinu; so nmidi ipf the season of
A.M. ]SH(i as they were in Meiiriii'/s Sea. The statement is taken Ironi the IIe|iort
of the fnsjieelor of fisheries for the i'rovince of British Coliinihia for the year li-t^^li,
as eonlaini.'d in the liejiort of th<' Department of I'lshcrics for Canada at i)a<;cs 2th
and 21'J, and I verily say, from personal kno\vledi;e of the facts, that tlie said
Statement is siihst.mtifd, true, ;ind correct. The sciii, oners "Carolina," nieanini; the
" (,'arolina " herein nienlloui d, and "Thornton" and "<)nward," wci'c seized on the
1st am! "ind .Auynst in l>>S(), ;ind tiieir voyai;cs thus hroken up ; the schooners " Mary
layi'ir.' '■ ^.lountain (,'hief," " llusller," and "Kate" not havini: heen in l!eiirinj;'s
Sea duriui,' the season of li^sCi, the eateli of these ahove-named sehooiu'rs are not
included in estiinatinir the aver;ii?i' cate!i in Itehriun's Sea foi' that year. On account
of tiie seiznres made on the 1st and 2nd Aui,'ust as aforesaid, and of the s(dio(Mier
"Favorite" heim,' ordered out of the sea hy the Conunander of the s;iid " Corwin,"
the thirteen vi'sscls nu'ntioned in Msluhit (I?), with one or two exccjitions, left
]'i hrin^'s Sea, or tho host sealini,'-^'roumls therein, loni; hel'oro the close of the sealin;,'
season, and thus the nveraije catch as founil in ]v\hil>it (15) is fully, as 1 verily helicvc,
oOO skins less than it would have been had they all rtMuaineil till the cud '' tlw
season.
9. That hereto annexed, marked (C). is a Statonicnt of the lei,'al scs
incurred at Sitka and elsewhiMc liy reason of the seizure of the "Caiolina, . ihc
arrest of her cajitaiu and male as aforesaid, and also of the pei-sonal expenses counectt.'d
therewith.
10. That liercto annexed, marked (D), is a Statement ol tin; damaijcs idaimcd hy
the owiuT of the "Carolina" hy reason of her said seizure and detention diirini; tiie
years 1SS(!, lss7, mid ISS'-, hased upon the avera^i- catch of seal-skins j)er V(!sscl as
found hy Exhibit (M).
11. Tin- price |ier s';in (diari,'ed in Inhibits (A) and ( I)), namely, 7 dollars, was 'he
marki.'t ))rice at \ ictoria aforesaid at the close of the season of issd, jiiid was the |)rice
wlii(di, in the ordiuai'y course of events, \\(iuld have been realized for said M-al-skins
had not such seizure taken place.
12. That hereto annexed, mark<'(l (M), is an estimate; of the |)rincipal sums on
which interest is claimed, from the 1st day of October, A.D. \^>^tt, on or about which
date the catch of the "Candina" would have been realized on had she not been
seized, and also for tin; actual outlay by her owner prior to that date, arisini,' by reason
of the seizure and detention of the "Carolina," tlie arrest of tin; eajitaiu ".ml mate,
and tbe expenses of the mate and crew in returuini; to Victoria from Ounalaska and
Sitka.
1.'5. That (huiiii^ the month of October, a. I). IH^I>, and ever since that time, the
niinituuni rate (d' interest on money for commercial ))ui|ios( s at th(i city of Vietori'i
aforesaid was and now is 7 ]ier ciiit. |ier annum.
14. That bcri^to annexed, marked (!•'), is a Statenu-ut of tbe items of the outfit of
the "Carolina" when on said voyai^c and the value thereof, wlii(di would have l)een
wliolly consumed in tbe ordinary prosecution of a full season's huntiufif and lishiui;
voyai^e.
15. The jjrices charLjed for tbe articles and sronjjs of articles in Exhibit (A),
comprising tbe oiitlit of the "Carolina," arc; the market [)rices of the said artich^s and
groups of articles at Victoria at the time of their purchase for the purposes of said
voyaife.
l(i. That as to tbe item, "Cash on board and uTiaccounted for, 500 dollars,"
charged in lixhibit (A), I am informed l)y the said William Mmisle, and do verily
believe, that the said sum of 500 dollars was placed on board the "Carolina" at the
time of her dcjiarture from \'ictoria as aforesaid, intrusted to tins mastiT, .lames
Ogilvie. for u.se in eases of emcrgi'ucy or nnforeseeu expenditures, ami 1 verily believe
that said s'mi of 500 dollars was on board the " Carolina " at tbe time of her seizure;
but owing to tiie death of Captain Ogilvie at Sitka, it was not known by tin; said
owner what became of the said sum of 500 dollars.
17. That at the time of the seizure of the " Carolina '' she was in good order and
condition, having been thoroughly overhauled before starting out on said voyage, and
not having sustained any damage beyond ordinary wear and tear during said voyage
up to the time of her seizure.
1:11)
iiuiiilx'r
111' Villlll'
ttiirtccii
iCIlSOIl of
I' l!t'|)ort
ciir IMSC,
|i,'i'^('s '2 1>)
tlit> siiiil
iiiin^' llic
il on till'
•s " Man
|{rliritii;'s
s ai'O iii)t
II aci'ouiit
sclioiiuci'
Ciii'wiii,"
tioiis, Icl't
111' si'aliiiL,'
Iv liclit'vc,
iiid '■ till'
SI'S
. ilic
couiioeti.'d
clainu'il liy
hiriiiu: till'
r vessel as
IH. 'I'liat till! valufi placed on the " Carolina," namely, t.OOO dollars, is u lair ii'ad
reasonable valuation of tiic said schooner, and fronrv my p(;rsonal knowledge of liic
"Carolina," and tlic value of vessels of her elass at Vietoria, f verily helieve that she
could not he replaced hy a vessel in nil respeets as good and as well adapted to the
purposes for which she ^^as used Ibr a less sum than 1,000 dollars.
T.). That on or ahoiit the l.'Jth day of .luly last jiast I was at Ounnliiska afore-
said, and saw and was on hoard of the said schooner "Carolina." 8he was then lyini^
aneh'in'd in the harbour at Ounalaska, stripped of all her oiitlit and running,' u'ear.
Her staiidiii'.; riu;i?ini^ was nuieh weather-beaten, her iron work niiieli rusted, her deck
seems in a bad state, and I verily believe, from tho condition in which the " Carolina "
(hen was, and in view of the fact that she must remain so exposed imtil least next May
(a. I). ]>?ss), it will cost at least l',000 dollars to put her in as ;,'ood rejiair and condition
as when seiziul and return her to Vietoria. To be taken to Vietoria under ordinary
rii'cuinstances would alone cost between 2,500 and .'5,000 dollars.
20. That the "Carolina" at the time of her seizure was insured in tho California
Insurance Comjiany for the sum of 2,oOO dollars on her linll, and in the sum of
1.0(10 dollars on her out lit and carijo.
21. That tlic estimated loss of ."(,000 dollars for each of the years 18S7 and 1S.><
hy reason of the seizure, and detention of the " Carolina" as aforesaid is based upon an
.iverai;e catch of 2,;{M) seal-skins for each of the said yrurs, at 5.^ dollars per skin,
which was the market value per skin at Victoria at the > mse of the season of 18b7,
after deduetiiii; therefrom tho cost of outfit and wa^^cs, based on the "Carolina's"
voyage of a.d. i.88(i.
And I, James J)(iuglas Warren, aforesaid, make this solemn declaration, eon-
seicntiously believing the same to be true, and by virtue of the Act respecting extra-
judicial oaths.
Declared and alllrmed before me at the city of Ottawa, in tho county of Carleton,
in tiie I'rovinee of Ontario, this 28tli day of November, A.i). 1887, and certified under
niv oHieial seal.
(Signed) J. D. WAIUIKN.
(Signed) W. D. IIoGG, Xotary Public for Ontario.
Exhibit (A).
Del. e.
Dot.
e.
V;iliic of tlic schooner "Carolina" at the tiiuu of seizure
, ,
, ,
4,000
00
Outllt—
Groceries .,
r.98 fiO
Aniiiiuiiition ,. . . . . . •
173 ;)4
Six >lic)rt I'uns
;!00 00
Five rilli's . .
UiO 00
Gun implements e.nd tools . . . . . .
17 29
Dry ^00(1:4 . . . . . . . . . •
71 ;!7
Ship chanillery
JiTC) 8;i
Wilier easka
12 00
Chronometer . . . . . . . •
100 00
Four canoes aiui outfit
248 50
One boat
100 00
.Salt
Hi 00
( iml and wood for fuel
;i7 r.2
Cooking stove and uteiis'ils
7'.' 110
Miiteellat-ieoun .. .. ..
■12 ai
Cash on board nn I unneeounted I'ur
."iOO 00
Two se.vtants , . . . , .
7o 00
:i,o02
8'J
Instiranee prtnniuni and survey fee oil '2,500 doliais on
hull
and
1,1100 ilolhirH on outfit and car(;o , . , ,
, .
:i52
.'lO
WaL;es paid to luinler- and eiews for voyage up to tin\e of
seizure .
,302 22
I'ait of crew liaviiif; b-iii s.'ut to San Franei-ieo by Uiiiteil .Suites'
authorities, board of live men at .San l''ranei>eo and
passa-e-
mom y thcnee to Vietoria
■ •
71 72
"'iissaite-moiiey and e.xpenscs of mate, .lanu'.s li!al;e, from
Sitk
1 to
\'ioloriu after release from prison
••
100 00
2,003
04
68G aeal-sUins on lusard the "Carolina'' when seized.
and
not
returned, at 7 dollars per skin . .
• •
• •
4,S02
00
Total Fxhiliit (A)
*
14,101
33
ri2H]
13(»
Exhibit (J5).—Ni;mbeu of seal-skins taken by each of tlio Ibllowlnij tliirtcon sfvilin:;
vessels (liiviii!; tho roar 18SG in and nLout the Ik-liring's Sea, most of the siiid
vessels leavint? tlio soa before tlie end ol" llie season rciiviiiif capture.
Vessels.
ratliliiulor ..
M;iry Kllcn ..
TIiiTosa
I'avniiritc
lilark Piamond
AllVeil A'iiHiis
Ai'liw
'.'ity nl'Santi;>.,'i>
Silvia lianily
Dolpliin
Anna licck ..
(irac'j
Snvivaid , .
Numl'ir
of So:il-l,ins.
Total catcli
Aveiofjo jicr vessel
i,7t;r,
i:2'>r,
2,fii>r.
2.;i-.'.'i
i.7(i(>
L'.ICJ
•J,'J7.'i
1,5S7
L'.tJdl
1,10(.
ao.osj
2.081
Exhibit (C).
Iie;;nl expanses at Sitka in cnnnection with the soiz.ire of the " Cnrolitn " . .
Counsel mill otlier le^ul leos anil expcnsrs in ami ahout tlie seizarc of the
"Carolina,'' and tlie elainis arising.; thereunder, exclusive of the ahuve
■)(l() dollars ..
I'ersoniil expenses other than the above in th:? same connection , . , ,
Total .. .. .. ., .. ..
Dol. c.
.)0I) (1(1
7.';() 00
2">() 00
1,500 00
Exhibit (])). — IvsTiJiATKi) dnniaces arisin;^ i'rora tlic seizure and deienlion of the
scbooMcr "Carolina" based on the average eatch per vessel as ;,'iveu in
Exhibit (B), season 1S80.
Averai;p eateh of seals . , . . , . , , , ,
Less on hoar! at f eizure, and char^^eJ in Exhihit (X) , , , .
llalance at 7 dollars per shin .. ,,
Keasonahle and prohahle jirollt on operations for year 1 8K7
"(JaroUna" not bein^ released and not nvaihiblV to en;;a!;e in
next vear's operationH, reasonable and probable inotit for
•SS8
Tof,iI of Exhibit ID)
\o.
J.tiMl
Dul.
i,(;r)j = n,sr,i no
T)ol. c.
0,000 00
5,000 00
10,000 01)
■;i,sci5 00
Exhibit (E).— I'^siiNtAir: u'l the princi])al .sums on ■\\Iiieli interest at 7 jier cent, per
annnni is claimed, and the time for -Hliieh interest is so claimed.
Value of "Carolina's" rstimnted r.Mch for ISSfi — namely,
•J.nsl skins, ,it 7 dollars per skin— from the 1st day of
October, A.ii 1880, when the catch would have been
realized on . . ,. .. ,, .,
Actual cash outlay for legal and other necessary expenses
incurred by reason of tho toid seizure . ,
Total principal on which interest is claimed from
October, A.i,>. 1886, to date of payment of
claim .. .,
EBtimatcd value of the "Carolina" catch for 1B87, less cost
of outfit and wages of crew and hunters, on which interest
ot 7 per cent, ia claimed from 1st Octoljcr, A.u. 1B87, on
or nbout which date the catch would Imj rculiied on to
date of payment . . . , . . . . , .
If the claim for 1H87 be not allowed, then interest is claimed
on the value of the "Carolina" from 1st (Jctnbcr, 1886,
to date of payment
Dol. c.
16,Cn7 00
500 00
Dul. c.
17,IG7 00
5,000 00
4,000 00
131
l^xliihil (Fj. — UiM'AiLS of items fiT " (.'Mroiinn's" outfit (onsiitucd
a lull hiintiuLr ami .scaling: vi>yoi;c'.
Groccrii-s .. ,. ,. ,. ., ..
Aiiiinunition .. .. ..
iJry '^'vxU ..
Sliij) clmiiilelry ,.
Suit
f 'd.'il anil wood . , . . . , . , . .
Miscclhiiii'ims .. .. .. .. ..
\\ a^es of crow ..
Total value consunioil . . , .
rnii;-
the
OOUl'SC
I)..l.
r.
'lilS
00
I7;t
31
71
37
370
H3
81
00
37
02
4-2
34
l,8:i2
m'2
of
3,iIo 32
iTiclosure 4 ia No. S7.
Declaration of James Doiujlas- Warren.
City of Ottawa, Province of Ontario, Doniiuioii of Canada.
" [, ,T A:\irS DOUGLAS WAIirLEN, of the ci(y of Yiotoiva, in the rroviuco of
Hriti>li Columbia, of tlic 'Dominion of Canada, niarinci' and shiii-owncr, do solemnly
and sincerely dcelare as fidlows: —
I . That I am a ]3ritish suhject hy birih.
'_'. That I was sole ownei' of the Bviii.-.;i steam-sehooner "Thornton," 7S tons
liunk-u by builders' measurement, reijisiered at tlus juirl of Vietoria aforesaid, before
and at the lime of lujr seizure lien'inafter set out liv th(> United Slates' hteam-shii)
"Corwhi."
o. That the said steam-sehooner " Thornton " was rebuilt by me in a.d. ] SS7,* at a
cost of '3,')()l) dollars, and in a.i». ISSO and a.d. lf3Sl was tilted u[i with steam
proj^ellinn; power at an additional cost of :!,00() dollars. Her bottom and sides of above
li.;iit water-line were cop])ered and copper fastened.
■I, That on or about the Kith day of 5Iay, If^SO, the said steam-sehooner
"Thornton" was reijularly cleared at the port of Victoria aforesaid for a fidl season of
aliout four months' lisliin^' and hunfin;;- in the Noilh I'acille Ocean niul Eehrin;;'s Sea,
and that on or about the L'Tlh day of salil luonth of May the "Thornton" finally
sailed from Clayoquot Sound, on the sonih-wcst of Vancouver Island, on said tisliing
and huntinf^' voyage.
5. The mastf^r of the "Thornton" on and for said voyage was one ITans
Cutlormsen, of the said city of Victoria, and the mate one llarvy Minman, of the same
place, and a crew of thirtcfsi men.
(i. That on the 1st day of Aucnist. v.i). ]ss(;, while in ISehrin^'s Sea in north
latitude .'i.'j" 15' and west longitude lOb It', lawfully, as I verily believe, jmrsuing
file (jbjects of said voyage, tin? said sternr.-sehooner "Thornton" was sei;:r(l by the
I'liited Stales' stcam-sliip " Corwin," ami by the " Corwin tak( n to tnmalaska, in the
I iiited States' Territory of Alaska, and her voyage was l)r' ken up.
7. 'I'hat on arrival at <Junalaska the said " Thoi'iitoj' ' was, by order of the United
Stales' aulhorilies, stripped of her outfit and runnii ,; gear, the seal-skins th(>n on
linard taken out, the captain and mate made prisoners and sent to Sitka, in said
Territory of Alaska, wliere, after Irial, they were fnu-d, the caiitain in the sum of
•"1)0 dollars and tiic unite in the sum of "lUIJ dollars, and each imprisoned for thirty
(lays,
Th(^ remainder of Ihe crew, with only two cxi'(>ptcd, w<'re sent by ihe I'liited
States' aiitiiorities to 'lu' city of San I'raneisco by a steamer bejongiie.;- to Ihe Alaska
(.'onnuereial Company.
S. That I ;im informei' by (':ij)lain (iullormscn that immediately upon the arrival at
Ouualaska of the "Corwin " with the "Thornton," he (the captain) entered his solemn
protest against Ihe seizuve of his vessel ami her ouUit and the seal-skins then on
iioard.
i». Tliat on or about the UUh day of July of Ihe pn-sent year 1 \kis at
Utmalaska, and saw the said si.am-sehooner " Thornton," and found her in a very bad
condition. She was lyini; on her bilge on a gr' 'el iieacli, partially eniliedded, and
<;xi"'sed |o all weatliers, and was conseijuently greatly depreciated in vahie since her
seizure. Her co[)per is much ('hallMl, her deck seams are opi . mI, through Avhieh
water had leaked upon Ihe steam-lioiler, engini', ami machinery, all of Mhich are well
'dull ruined. She eiuiuot be brouglu away from Ouualaska Avithoiit repairs involving
• t?y. 1877.
[128] S 2
132
great expense, iiiid not at all before next summer can this lie done. J verily believe,
Ironi the iiispeetion I thtMi ma(I(\ that it would cost over (),00() dollars to lake the
" Thornton" from Ounalaska to Vietoria aforesaid, the nearest port at which tlir;
rc[)airs could be made, and put her in as good order and condition as she was in when
seized.
10. That at Die tinu< of her seizure the " Thorntou " was in i,'Ood re])air and
condition and pei'feetly seaworthy, exceptinu; only that her niaiiunast-head ha<l been
'. arried away durin;,' the voyaji;e she then was on.
11. T'hat for and duriiii,' the said voyage tin; " Thornton " was insured by Lloyd's
underwriters in the sum of 1,:20()/. on the hull and niaehiiic'-y, and in the sum of
1,000/. on the outllt and cargo.
ll.'. That hereto annexed, marked (A), is a delaileil Statenu-nt of the outiit of
tb(^ " Thornton" for the voyage on which she was seized as abovi; set out, aiul all of
■which, excepting only what had l)een consumed in the regular course of tlu> voyage, was
on board the "Thornton" at the time of Iier scjizure; also of the amount of ijrcniiunis
paid by me for insurnnci' upon the bull, machinery, out lit, and car)j;o of the
" Thornton " during the s;iid voyage, and also for wages paid by nu' to tlm liunters
and ciew of the said " Tiiornton " of said voyage for the tinu; of said voyag(> u]) to the
said sei/.iire. Also, a Sfalenu'ut of the sums paid by me for jiassngc money of the
crew from San J'"i'ani'iseo to \'ict.)r'i, and pa>-.s:\gc money ;ind CApi'iisc^ of tlie ca[ilaiM
aiul mate at and from Sitka ai'ler tluMr release to Victoria aforesaid.
13. That also in said Statement (A) are charged W,i seal-skins taken from th(!
"Thornton" at the time of seizure, and which, so appears from the lleport of the
ofllccrs of the L'nited Stal(.'s' sleam-shi]) " ("orwin," submitted to the Court, at Sitka on
the ti'ial of the said eajitain and mate of the " I'hornton," and the jiriee tlu-rc; charged,
namely, 7 dollars per skin, was the marker value pi'r skin at Victoria aforesaid, on ov
about the 1st October, A.ii. ]SH(i, when the said skins, had not such seizure t.dicn
place, would have been jilaeed on the market at Vietoria.
If. That the value jjjaced upon tla^ various articles and grou])s of articles in the
outiit m(Mitioned in l-lxhihit (A) is the actual cost of the said articles at, tln'cityoi'
Victoria aforesaid at tiie tinu^ oi' their purehasi' in the spring of 1*<^(!,
1"). That hei'cto annexed, marked (15), is a Slateinent showing the number
of seal-skins taken by each one of thirteen sealing-schooners in ;uid about
Hehring's Sea during the season of ISStJ. Tiie said StalenuMit is based ujion the
iicport (if the Inspector of Fisheries for the I'rovince of Hritisb ('ohniiliia fur the year
IShti, as contained in the Iteport of the .Minister f)f ^faviiu! and fisheries for Canada
for said year at iiji. 21S and itW). The schooners "Carolina," " ()nw;iril," and
said steam-seliooner '•Thorntcju" were seized oti the ]st and l!nil Anu'ust ofsaidye;ir
when the sealing season Avas not linlf over, and the schooners ".Mary Taylor,"
"ilounlaiu Chief," "linsllei'," and " Ivate " were not in liehring's Sea dni-inn' the
season of J^'^Ci, so that in calculating the average catch I'oi- the nehring's Sea lli'cl, the
catch of the seven above-mentioned schoon(!rs was iu)t iiududed. \\"\{\\ ono or two
exee|ition> I hi; thirteen se.aling-schooners, mentioned in l^lxbibit (li). left liehring's
Sea, iir the liest fisbinu' uronnds therein, long before the end of the; said season, as tiieir
mast<'rs iVared seizure by the l'nited States' authorities, and the said averau'c catch,
so found by ILshibit ( l>,i, is therefore fully 500 less tlian it otbei'wise wnuld have
Ix'en.
IC). Thai heieii) annexed, marked (C), is a Slatemcnt of the amount of legal
expenses ]):',id and incurred by me at Silka and elsewhere, and .also o[ the amcjiint of
my piM'sonal expenses inemred by reason of the said seizure.
17. That hereto annexed, markcil (I)), is a Statement showing the estimativl loss
incuTnnl by nu) as ()>\ nur of the said "Thornton," by i-i-asoii of the said si'izure and
detention, and of the seizure and detention of the seal-skins then cm hoard tiie
"Thornton," and the br(>aking nj) ol tlu; said sealing voyage. Also, the estimated loss
iiu'Ui'red by me durinir I he ])res( nt year by reason of the non-ndease of the "Thurnton ;"
and in view of the laid that it is now loo late to put tli(> "'J'hornton" in repair a)id con-
dition to engage in next yi'ar's business, the ,'stimaied ioss for next year. And I
verily lielie\-e that the said estimates of the losses incnrred by nu' by reason of the
seizure and detention of the said "Thornton " for the years \^^t>, 1SS7, and IJ^^s, ari'
fair and reasonabh' estimates, and rather umler than over the acdual losses so sustained.
IM. That thi! estimated loss ol' .■),()(li) dollars for each of the years 1.SH7 and IS^SH,
by reason of the seizun> and detention of the "'J'hornton," is based upon an average
eatcli of 2,''M) seal-skins valued at 5 dol. 50 (;. per skin, the market value at Vietoria
for the present season, deducting from the gross value tliereof the cost of outiit and
133
nnioiiiit of llif wages of liuiit(!rs and crew, based ou tlie "Tlioriiloii's " vova'^o of
A.I). ]HK().
1!). Tliat diiriii'..j and since the year 18H(i 7 {lei' cent. \)cv muuini was, and now is,
tli<> niinimnni riiti; at wliicli moni-y IVir ordinary eonmiorcial [jiirposi's could bo
ohtaincil at the oily of Xietoria al'onsaid, and fbat bciN'to aiinc^xi'd, iniirkcd CT]), is an
I'stimali! of tlio |irin<'i|)al sums on Mliicb intcn^st is claimed at tlif ivit'- of 7 pi-i' ciMit.
per annum, and tli(^ time f.ir whieli it is so claimed.
And i, .lames Douii'las Warren aroresai,!, make tliis solemn deel;w'alion. coiiseieii-
liously helii'vinu; the saine to b;' trni-, anil by \irt.ue of the Act res|H'eli!i;,' extra-judicial
oat lis.
Declared and afllrmed bel'in'e me at the city of Ottawa, in the county of Carletou,
this 2.">lli (lav of Novend;ei', A.I). I*^s7, and eerlilicd under iiiv olllcial seal.
fSi-ncd) ' .1. I). WAlMtEX.
(.Si'al.) (Si_L;'ned) I). H. ]\I\c'rAvisi[, Xnlnrii Pvhlir.
Exbil)it (A).
V.iluc of slt'aui-.-i)in->;,i !■ " I'lnrninn " at tin'.o ul' scizuri' liv Unit' il
Stall's* sti'aiu-.^liiit " Citrwin " ,, ,, ,, .,
Vulii;' ol' "Tlii)i'iil(,;i ^" imUit —
I "I'DCClicS .. ,. ,, ,, ,, ,,
Aimmiiiiti.-m , . . . , , , . , ,
l)ry;;o.uls
Inui walcr taiik-* . . .. . . . . . ,
•Ship <'lia;!illrry iiji' sealing purposes ,.
Olll' clirnlliPMi'llT ..
I'Atva suit nt" iii'W sails ,,
Si'vcn X(i. iO flint j^'uiis , .
I'"I\'i' I'iHi'S
'i'lii imptcnicnts a!ui tools «, ,. ,.
Frur nt'iv s'.'iil 11^' lioatu and saih ,. ,. .. ..
Watoi' I'asks . . . , , . . . . . , .
II tuns .••al'
IH tons roal . , , , , .
('o')'.iiii^ rani^o ami utensils .. .• .. ..
Total outiU , , . . , ,
In iiianec —
I'rriiiinni on 1,200/. — insuranrc on Imll, IDU. Is. .. ..
I'reiniinn on 1,I!0I)/ — instiraueo on outlit anil cargo, 'JU/. '\s. {il..
W'a^^es paiil hnnti is ami crew ^iji to time- of feizurr, liutittTs :nnl
oi't'W having lieen taKrn to .^;n I'lancisi'o hv I'n't il States'
uutlioritKs . . . . , . . . , . ••
ra^saiiu money llit'iu'e t'") Victoria .. .. ..
I*.is.su'.ie nioni y 'an.l cxpen-'es of f'aplain fiiittnnnsen anJ male,
Harry Noiniau, after relea'^e from Silka to Vietoriu ..
-iO.j seal-sUns on Itoanl the " ThoriUon " ut \}vi time of seizure, at
7 duUars ptl' &kin , . . . . . . .
Total
Do!, e. Dul.
0,00 J
.13.1 37
.",10 'J 6
'lit 8S
.•,11 00
liTH 04
81 15
ii'l- 18
248 00
12.1 9(3
2T 20
1.12 7i)
25 00
00 no
12n 10
.',0 Ul>
■102 w^
OS 01)
l,r,7o 00
177 10
200 ()•)
2,S21 00
00
'I! >:\
ioi .n
I,jli8 10
Totn! of Kxhiliit (A)
(Signed)
1 1,101 2i
D. 1?. MacTAMSU, Noiiini PMk.
i:}4
Exhibit' (15). — NuMUEn ol' seals taken l)y the following thirteen scaline^ schooners
duriiiij fho year lSS(i in and about tlio Bchrinj^'s Sea, most of tlic tbivtecn
leavinjr tlio sea before the cud or the season, fearing capture.
Schooners — No. "f SoaU.
Pathfiii'lir .. .. •• •• .. •• •• 1,7(10
M;irv Kllou .. .. .. .. .. .. .. -l.-'oO
TluTcsi .. .. .. .. .. .. .. ■2.IV2.-<
I'avdvitc .. .. .. .• .. .. .. '■'•.o2'j
BlmU Dbniond .. .. .. .. .. .. l-'liO
Alfred Aduus, . .. •• •• •• •• .• 'J.lii5
Active .. .. .. .. .. .. .. '2.2'i't
City of Siintiago .. .. .. .. .. .. l.i'.Jn
.Silviii ll:iiidy .. .. .. .. .. •. .. l.'i^T
Dolphin ., .. .. .. .. .. .. '^,11111
AniinUeck .. .. .. .. .. .. .. l,H"i
Grace . . . . . ■ . . • ■ . . . . 2,.'/.',0
Snyniird ,. .. .. .. .. .. .. '2,12'}
Total catch
ATcr.nge per vessel
(Signed)
M.'JS
•2:mi
1). B. MaoTAVJSU, NoIiiti/ Public.
Exhibit (C).
Dol. c.
Lejsiil expenses at Sitka in connection with seizure of " Thornton " . . 500 00
Counsel imd other legal lees and expenses in and about the claims arising
irorn said seizure •• ,, •• ,, ,, .. 7oO 00
Traveilin'j, hotel, and other necessary expenses in ccmnectiori wiib said
seizure and claims •• •• «. .. .. •• 1,000 00
Crand total, ];xhil):l. (0) .. .. .. ,, J.'JniOO
(Signed) 11. ]}. MAcTAViyU, Notary PuhU
Exhibit (D). — Da:j[AG];s arising from tin- s( !:airo and detention of the "Thornton."
based upon tlie average cateli of scal-.skiiis jier season as given in Statement (B),
season of 18 SO.
Xo. Dol. c.
Estimated average caleli . . ,. .. ,. ,. 2,uSl
Less "101! skiiis on hoanl the " Tliurn!on" at tlie time of seizure,
and eljarged in Statement (Aj ., .. .. .. 40."
Jlalanec, at V dullar? per skin ,. ..
lleasonalilo and jirohaide prullt "Tliornlon" would have earned
in ISK? lor owner .. .. .. ,, ..
In view of f.ict tli:,l '•ThorntoTi " ennnot be ni:ide available lor
nf\t year's op.erations, riasonablo and prulal.le piolit for
1S88 •, a« •• •• •• ••
Total amcuut, Exhibit (D;
(Signed.)
i.:iTs — in.Kii; 00
.I.OUO 00
,. .•;,000 00
i.su; 00
1). B. :jrAcTAVl.SlJ, Notunj Public.
186
'■' '• •"' ■' Summary of Exhibits.
' ' Dol. Q.
Value of " Thornton " .. .. .. .. •• 'S-'HIIJ ™
Value iif " 'riiunitiiu's " outfit .. .. .. •• o,.).">:; Oi
Waj^es of crew and liunti rs .. .. _ .. _ •• 1,^70 00
rabKiSL' money and cxreiiscs (if r.lliccrs and crew in retumins to
Vict.jria .. .. •• •• •• ••
•lOli seal-skins, at 7 dollars .. .. .. ••
Dol. c.
077 IG
2.H-21 00
Total, Exhibit (A)
11,101 23
Personal c!cpen=es of owner
Lp;jal expenses ,
Total, Kxhibit (C)
1.000 (10
l.'J.iU 00
in,siG CO
■2,250 00
Balance on estimated seal catch for ISSG .. ..
Katimated los-i to owner liv detention of the "Thornton"
dnTiMslSS7 .. ■ 5,000 00
I'stiniated loss on eanic grounds for 18K8 .. .. .• •'5,000 00
Total, Exhibit (U)
Total amount of claim .. ..
23,810 00
■10,107 2;!
Memorandum,
If tho owner of llic " llioriitoit " is indomnificd for balaiico of estimated seal
c'ltcli for year ISSO, tlnn-o should lie deducted from tlic total claim tlio sum of
.•;,:'.7!) dol. .jS e. Jiieluded in Exliiljit (A) I'or ontlit, Avliieh Avould necessarily have been
consumed in tlie iirosoeution of the vuyaije, and iiieludius the sum of 1,370 dollars
1"
jjiiid in waij;(!s, as per Exhibit (i'').
Total chiim .. ..
A'aluc consumed on voyage
Net claim
Dol. c.
■10,11)7 23
3.370 5H
30,817 t)'i
(Signed)
D. B. IMAcTAVISn, Notary Public.
■Exhibit (1j|.— l>?'mr.VTK of tho princi|)al sums on which interest at 7 per cent, per
annum is tdaimed, and the time I'or Avliich interest is so claimed.
]).jI. c.
Value of "Thornton's" cslln:attd full i^atch f-r IHS'"., namely, 2,nnl skins,
at V dollars per skin, Irrim the Ut October, 188(1, when the catch
would have been realizeil on ., .. ••
Actual ra>h outlay lor liLjal and <ilher nci'cs^.ary expenses incurred by
reason of tho seizure before the Ut October, 1880.. .. ..
U).(;07 00
oOO 00
Total principal on which interest is claimed since the 1st October, 1880, to
date of payment of claim .. .. .. ..
INliuKitcd vahu'' of the ■■ Tioirntou '' ealeh for 1887, less cost of iiutlit and
\\a};es of crew and hunters, i-n which interest at 7 p'.r cent. ]ier annutu
is elaiuu-d from the 1st Oclobtr, 1887, on or about which date the
catch would be realize<l on, to dale of payment ,. .. ..
If the claim fen- 1H87 be not allowed, then interot is claimed on the value
of the "Thorntoi, ' .at 7 per cent, per annum from the 1st October,
A, i>. 1880, to time of payment.. .. .. ••
17,10- 00
.1,000 00
l..Sisiicd)
0,000 00
1). 13. MACTAVISn, Notari/ Public.
136
Exhibit (Fj.— Details of items of " Tliornton's " outfit consumoJ during the course of
full sealing and fishiii!^ voyaijo.
OrcccricB •• ..
Ammunition . , , .
Dry floods
Ship c'Imiideliv , . . ,
Iiisuraiicc picniiiims
Wau'cs nf crew nml hunters
tons fiilt . . . .
1 8 tons coal . . . .
Items.
Total value consunieil
(Signed)
Dol. e.
5.1:1 ;i7
a40 20
49 88
278 64
691 111
l,:i7i) 00
00 00
IJIi 00
.. .'!..17',> ,')«
D. B. 5[.\oTAVI,SU, Xotani PubHc
No. 88.
Sir L, IVest to the Mar(j<tis of Sdlishunj. — {Received Junuitnj Ki.)
My Lord, Washinglon, Januari/ '>, 1888.
WITH reference to my despatches of llie 'Jnd April last and of tlio Gth Alay, I have
the honour to inform your Lordship that I am advised that the ease of tiie American
sealing-schooner "Sierra" will probably he dismissed, on the ground tiiat the Captain of
the Revenue cruizer was acting under tlie instructions of the Government, and that the
plaintiff therefore would have to apply to Congress.
I have, &c.
(Signed) L. S. SACKVII,LL WKST.
No. 89.
Colonial Office to Foreign Office. — (Received January IG.)
Downing Street, Januanj 14. 18S8.
1 reference to the letter from this I)e|)artnieiit of the 2(!th ultimo, relating to
of Canadian sealing-schooners in Behring's Sea, I am directed by Secretary Sir
and to transmit to you, to be laid before the Marquis of Salisbury, a copy of a
lom the Governor-General of Canada, inclosing an approved Report of a
of his Privy Council, submitting a revised statement of the loss sustained in the
schooner " Onward."
I am, &c.
(Signed) JOHN BRAMSTON.
Sir,
WITI
the seizure
Henry llo
despatch I
Connnittee
case of the
Inclosure 1 in No. 8'J.
The Marifnix of Lan.idowne to Sir II. Holland .
Sir, Government House, Ottawa, Dpcrialier 2'K "i8S7.
WITH reference to your despatch of the Ikh September last, directim,' attention lo
the magnitude of the claims lor compensation prepared by the owners of the Hritifh
seoling-vcssels seized in Ik'bring's Sea by United States' Reveimc ciuizers, sind to my
despatch of the 'Jnd instant, I have the honoiw to forward herewith, for transmission
to the United States' (ioveriiment, a copy of an ap|)roved He|)ort of a Commitfec of the
Privy Council, siibrnittiiig a revised blatement of the loss sustained in tiic '.asi; of the
schooner " Onward."
You will observe that my Minister of Marine and Fisheri 's considers that the claim
now made is not unreasonable.
I have, &e.
(Signed) LANSIJOWNK.
Inclosure 2 in No. 89.
Report of a Cuminittee of the Honourable the Priry Council for ('diiailn. tijijirorrd hij hi.s
E.vcellency the Governor-General in Council, Dccemher "JO, l!S.*57.
TllH Conmiittec of tlu; Privy Council have had under consideration a despatch, dated
the I4tli September, 1887, from the Right Honourable the Secretary of .Slate for the
Colonies, on the subject of the seizure of IJritisb sealin^-vesscls in Hchring's Sea by United
States' Revenue cruizers, and directing attention to certain eluimsfor compensation against
the United States' Government.
137
liiit the chiim
'I'lic Minister of Murine and Fi>lieiic-:, to wliom tiic (Icsijafcli smd inclosurcs wcr
iiliiTi'il, sliitcs tluit tlio chiiiiis {tlir;.c in iuiini)t'r~l ri'lcned to in lliis dospaluli were sent
liaels to tli{! owners of llio vessels for re\i-.ii)n. In llu' ei-ts of two of tliese, the
"Tiioriiton" and "C'arohna,'' a I'ldl and ileladed r^vi^ed ^t.lleInent oi' tiie losses has
already heeu suhniitted, and lie (the Minister) -uhnnts linrewitli a levised st:itenient of tlu;
loss to till' owners of the schooner " Onward " on at'ei):int ol llie seizure of said vessel.
Tlii;'! eiaiiii the Minister considers to hi. a reasoiiahU; one.
The Committee recommend that \o'ir I'lxeeileniy he nioved to forward tlie claim
herein ii.entioned to the llij^lit lliMioiirahle tlii' Secretary of State for the Colonies for
Iransmissioii to liie United States' (jovernment.
All which is rcspectfullv snhmitted for voiir I'.xcellencv's ap|iroval.
■ (Signed) " -lOIlN J. MdJKi:,
Ch'ik, Frill/ Council, L'uimda.
Intlosiiie 1 in No. 89.
Drcliirullnii of Jciurs Doki/Iiis Warren.
(,'ily of Ottawa, Province of Ontario, Dominion of Canada.
I, .lAMF.S DOr(;LAS WAKIIRN, of the city of Victoria, in the Piv)vince of
hiitish Columhia of the Doniiiuon of Canada, master mariner and ship-owner, do solemnly
and sincerely declare as follows : —
1. 'J'hat 1 am the duly unthori/cd agent of Charles Spring, merchant, of the said city
of Victoria, and owner of the hereinalter-mentioned schooner "Onward."
2. That the said schooner " Onward " is a IJritish vessel of about 94 tons burden,
hiiildcr's measurement, and at the time of her seizure, as liereinatk'r set out, wa.s, and now
is, registered at the port of Victoria aforesaid.
;{. 'I'hat about the lOtli day of ,Iune, a.d. 188G, the said schooner "Onward" sailed
from the \vest coast of Vancouver Island, having previously cleared at the port of Victoria
aforesaid, on iind for a ftill-seiison hunting and fishing voyage in the North I'aeiiic Ocean
and liehring's Sea.
i. 'I'hat on and for said voyage the crew of the " Onward "' consisted of Daniel
Mniiroe, of \'ietoria aforesaid, master; .(olin ^fargoticli, of the same plaie, mate; and
twenty sailors and hunters; all of whom were on board the "Onward" at the time of her
seizure hereinafter mentioned.
i). That on the morning of the 2nd .\ngust, A.n. l^Stj, while in said nehring's Sea, in
north latitude .51" 'V2' and west longitude Ifi" .").V, and about Gs! miles from Oiinahiska
Island, the nearest land, lawfully, as I verily believe, pursiiin': the objects of her said
Miyauie, the "Onwaid " was seized by the United Stales' steani-sliip '•('orwin,"' and take;;
In tow of said "Corwin'' to Ounalaska, in the Territorv of AlasUa, of the United States of
.America, Inning then on board 4(MI seal-skins.
I). That upon the said "Corwin's'' arrival at Ttunalaska aforesaid with the said
"Oirvard," the "Onwaid" was, by order of the United States' authorities thereat, stripjied
of her sails and outlit, the skins on board taken onl, her master, the said J)anicl .Monroe,
and mate, the said .Irihn .Miirgoticli, placed under arrest, and her voyage cuinpletely
hiuken up.
7. Thai the said inasUr and mate. Daniel Moiiioe ami .John .Maigolich, wi le by the
said United States' authonliis taken to Silka. in the said Territory of Al.iska, tliere "to he
fried on a ehiu'iie of having violated the laws of the United States respecting seal iishing in
the wati'is i)f Alaska. On arrival at , Sitka the said master and mate were bound over to
appear lor trial on said chaii.;' , und were on or ahoni the Isf of the inontli of Si'ptemher
l()llo«ing so tried, liiiind gniliy, and sentenced- the master, Daniel .Monroe, lo ]iay a tine
ol .OdO dollars, the mate, .(ohn .Maigolich, to pay a line o( .■",IK) dollars, and each lo be
iiiiprisoned for the space of tiiirty days, which imprisonment they snllercd.
>*. 'J'liat hereto aiinc\(d. marked " (.\)," is a slalerient of the article;
outlit of tlii^ "Onwaid" at llie lime of her deparlnie on sa
tliercof, all of which were on board the "Onward" at the lime ol her said seizure,
excepting only w hat had been eonsumed in llic oidinary course and prosecution of the
;e ; also of the amoniil paid for insurance on said voyage, also the amount of wages
the crevv and lnmlcrs on said voyage also the amount paid lor lines and expenses of
llie inasler and male in returning lo \'ictoria fioni Sitka aftei llieir release, and also of the
imniber and value of the seal-skius on hoard the " Onward" at the time of lii r seizure,
and wlileli were taken from the " Onwanl " at Ounalaska by the United Sl.ites'
uutliorlties.
9. That the prices chai'L'cd for the various a'lieles and groups of articles conijnisin:;
[128] ' ^ T ^
ominising the
voyage, and the value
voyagi
:iaii
138
the (Hitfit of (lie "Onwiiid " on iind (or siiid voyiigo aio tlio i'C'j;iilar iiiarkc( ]iiicL'> ol (lie
said arliclcs at Victoria afoicisaid at tiic time of (heir i)urcli!iso for use on slid vovai;!.'.
Tiic ])rico cliarucd in said sta(ciiK'nt for the seal-skins on hoard the '• Oiiwani " when
seized, nainely, 7 dollars per skin, was (he market ])iice per skin at V'ie(oria aConsaid at
the elosc of the sealing season of lSs(i, when the ca(eh of the " Onward,"' had not sueli
seizure taken ])laec, would have hecn ])laced on tlu; market.
U). That the value of (he schooner "Onward," as p;iven in Kxhiliit (.\), ii.nncly,
4,000 dollars, is ;: fair and reasonahle value for the said schooner at the time o( her
seizure; she was then, ;in(i had always heen, kept in (irst f:luss order and condition, and
was always a staunch, seaworthy vessel, and for the said voyage had lieen iiliited with
new sails and sailing gear.
11. 'J'liat hereto annexed, marked " ]>," is a statement of tiie catch of thirteen scaliiig-
vessels, in and ahout I'ehriiig's Sea, during the season of ]88(); the said siaternent is
coni|iiled from the Report of the Inspector of Fisheries for the I'rovinee of Ihitisli
Columbia for the year 1 "^"^11. as contained in the Report of (ho JJcp'.utii.ent of fisheries
for (.'aiiada lor that year at pp. 248 and "J 10, and from personal kiiowledice vl' (l.e facts
therein set (uit, 1 verilv heliive (he said statement to lie suli>tantially true and correct.
The steam-schooner "Thornton," the schooners "C'aroleiia" and " Onw;ir,l,'' iiuMiiing the
"()nward" herein mendoiied, were seized on (he 1st and 'Jiid August, 18S(>, in ISehiiiig's
Sea, at the hegiuning of the hest scaling period; and the schooners "Mary Tayloi-,"
" N!ountaiii C'hielV" Rustler," and " Kate" were not in liehiiii'^'s Sea during the season
of 1S8G, so in estimating the average catch ])er vessel in Hehring's ."^ea for 1S8(J, the
catch of the above-named seven vessels is not included in Kxhihit (15) ; all of the
thirteen vessels named in ]'3xliibit (15), with only one or two exce|)ti'ins, left lichring's
Sea long before the end of the sealing season of 1880, because of the seizures which had
heen made by (he United Mates' steam-ship " Corvviu," (i'ariiig to reuuiiii lest (hey also
should he seized ; hy re:ison of such dci)ar(ure from the said sea, or the best sealing grounds
thei'ein, bcl'cire (he close of (ho season, I verily believe that the c itch per vessel, as lound
in Exhibit (IV), nainely, S.-'iSl seal-skins, is fully oOO less than it would have been had
the said vessels remained (he full season in said sea.
1-. That hereto annexed, marked " (C')," is a statement of the legal exjicnscs incurred
at Sitka and clscwliere by reason of the said seizure of the " Onward." the .irrest aiu'
inipii.-onment of the said master and mate, and the claims arising theretrom, and also ot'
the jicrsonal ex|iciises of (he said owner and said agent in the same connection.
l.''i. That (he Exiiibit (I)), hereto annexed, is a statement of (he cs{ima(cd loss and
damage resulting to the owner of the " Onward'' hy reason of her seizure and d(Mentioii
in A.n. lN8'i, .A.n. ls;S", and A.n. 1888. The estimated loss for (he yearlSsti is based
upon the axerage catch jier vessel, as found in I'.xbibit (!{], less the number of skins on
hfiard (he " Onward " when seized, the balance being valued at " dollars per skin, the
price per skin at \'ictoria at the close of the season T^^sl). The elaim for a.!). 18,S7 and
A.D. 1888 is based upon the same average catch as for a.d. I8S(J, valued at r)dol. oO c. per
skin, which was the market value per skin at Victoria aforesaid at the close of the season
1887, after deducting there'rom the cost of outfit and wages of ('""w and hunters for each
year, based on the '• Onward's " snid voyaire of a.d. 188(). The s,. 1 claim of i'>,{)V() dollars
for each of said years a.d. 1^^7 and a.d. IssS is a lair and reasonable estimate of the
eariiins;s of the "Onward '' in hunting and fishiiif;; lor (he said years.
14. That Exhibit (I",), hereto annexed, is a statement of the [iriiicipal sums on which
interest at 7 ])er cent, per annum is claimed, and the time (or which said interest is so
claimed. .\t the time when the catch of the "Onward "for 1880 would have, in the
ordinary course of events, been realized on, namely, on or about the 1st October in said
year, the minimum rate of interest on money for coinmcrcial purposes was, has since
continued to be, and now is, 7 per cent, per annum.
I.''). That hereto annexed, marked "(F)," is a statement of the articles, and the value
thereof, as given in l^xhihit (A) of (he " Onward's"' outfit on said voyage of 188(1, including
insurance premiums ;in(l wages, whieii would necessarily he wholly, or almost wholly,
consuiiierl in (he course of a full sea--on's hunting and fishing, such as contem[)laled bv the
"Onward" in 1S8(;.
1'!. That on the i.lth day of .luly last past I was at Ounalaska aforesaid, aiul was
then on board of the said schooner '' Onward." She was then lying side-to on a gravel
beach, in the harbour at Ounalaska, ])ar(ially embedded in the gravel, and generally in a
very bad condition. Her standing rigging was much weather-beaten, also her deck and
side-seams were in a very bad state, the long exposme and severe frosts of the previous
winter having broken out the pitch, and, judging from their appearance, (hey were very leaky
Froni what 1 then saw of the condition of the " Onward," 1 verily believe that she eouUI
130
not 1)0 flouted ,iti(l |nit in ii tit stair I'm' sea without extensive I'cp'iii'-, wliieli at Oiiiiala'kii,
wlieie tlieie is iiuitliei' tlie re(|iiisitc woi'iuiieii iioi' material, woiiiil involve; very lari;u
evpenditiire, and that ro float tiie said " Onward,'' take her to Victoria at'or'^said, the
iKarest |)ort v.heru tlie r('(|uisite lii(iliti(!M exist, and where she could he repaired and
rclitted at least, cost, and there repair and refit iier, Wiiuhl cost at least i,'M) dollars.
And I, JJonglus Wari'cn atorosaid, make this solemn declaration, conscientiously
believing,' the same to be true, and by viuuc of the "Act rcsijcetini; I'^xtra-judicial
Oatiis."
(Signed)
J. 1). WAIIRKN.
Declared and afHrmcd hefori' nic at the city of Ottawa, in the County oi'Carleion, in
e Province of Ontario, this ittli day of December, a.d. Ibbl, and certified under my
til
ollicial .-ea
(Signed) I). O'CoNNDK, Noliinj PuhVir far Oiilmio.
Exhibit (A).
Viiluc of tilt' .■^I'homicr ** ()iiw;tr(t ' at tlio liini' of lu-r MiziiiL-
OutHi —
(iioccries .. •• ,, ,,
Aiiiiiitinitinn ,. ,,
l)ry «;n(Kls , , , ,
Ship cliaiitlK'ry , , . ,
four slint f^mis ,,
'fhrce ircjii Wiiti'r-taMl(> ,,
i''imrt*'(.Mi watiT-iMNks,,
Nino caiiot"- anil ontlit . .
Salt
Coal
Cooking stove ami iitt-nviN
riironorrutc'r, .ifxtant, ami two lla^s
Three oxtra cuniiiassos
Sundries . . . . . . . . , .
Irisurancc prrniiuni and survey on hull ..
Waj^es paid to hnnter.s and crew (Vr voy:ii;e ,. ,,
Fines iinil expense.s of eaptain .and male troni Siika to Vietnri.i r.l'i'r reK;>e
■100 seal-skins on luanl, ai 7 dollars per skin.. . . . .
Total, l'',xliiliit I \),. .. .,
(Signed)
D. O'CoNNoi;, Xril(ir\i Public.
iM. e.
Dol.
e.
■I.IIOO
00
ITo To
I'J 07
r,S 2J
■-'.•) I 53
(W 00
57 00
;;i 00
•115 50
52 57
la 80
5i; C3
1 10 00
•-'1 00
'.Ii -iH
1,778
■JUG
03
01
, ,
1,8'JO
00
nKii'-c,
200
(10
•J.soe
00
,
10. '.5S
09
J.
D. WARREX
(Signed)
'Exhibit (Pi). — NuMBEii of Seal-skiHS taken by eaeb of the following thirteen Sealing-vessols
(hiring tlie year 188*], in and about the liehring's Sea. most of the said vessels leaving
the Sea before the end of the said Season fearing sei/.uU! : —
Vessels.
Si'al-skins.
I'ntldiniler
.Mary i'.llen
'j'lieres \ . .
Kavoriiy ..
lilaek hianiond
All'r.'<l .\ lams
Aelive
City <>( F.mtiaco
Silvia II: inly
Dolpliin ..
Anna lleek
(irace
W. 1'. Saywar<l
Total eateli , .
A\t;raiie per vi ssel
1 .7i;il
1,-J5(i
•.'.(i25
2, I'll' 5
1 ,70(1
2,l(i5
2.275
1,(120
1.5 H 7
2, CO I
1,100
2.550
2,725
30,055
2,;)Hl
(Signed)
(Signed)
1). O'CoXNoit. i\i)l<irii Public.
J. D. WivRKEN.
T ;.•
U()
Kxhibit (C).
I.rgal cxpi
at Rilka in iipiincclion witli llip sciiii
tlio •' Onwnnl '
l'ouM8oI U!iil utluT Icjjiil ft'cs im<l € xpt'iisrs in ami jiliniit ihv srizur*' <if tlio
risiii;r thcrtundiT, rxclusivo of tin* ithnvt*
'Oiiwiir
111 Ihi' I'hi
.')()» <lollnr8
I'lrso liil IX [HUM'S oiln'r than the abiivt" in the siiinc coimcclioM
Dol. c.
6U0 UO
Total
I, odd (Id
(Sisnc(l) J. 1). WAKKKN.
(Sigiu-(i)
D. O'CoNNOit, .Xolaij/ Piihlir
Exiiibit d)). — KsTi.MATKi) Damages misiiifj tVom the Seizure and Detciitiun o( llit-
Scliooner " ( )iiwai'il," based on (lie average ("ateb per Vessel lor 188(i, as given in
Kxhibit (B).
Avira^'i' catch si'iil ,. ,, ..
l-csa iiumbtrctn boaul at seizure, ami diai^^cil in l'!\liiltit ' A ).
2,:iSl
too
r.il. V.
Dalaiicf, lit 7 (liillars
jier
1,081
liraKoiiabl" anil jiiiiliali'i' |iiiiHt on ii|)i'i'aliniis Cor llic vrar 1SS7
"()n\vai'ii" not Iifiii-^ n-lrast il. ami nut a\ailalilt' to rn'^airi' in next
yt-ai > opi'iatioiii. rra^in
labli' anil |irol)ab!e |«ulil I'm IhS")
i:i,sr.7 CO
1,000 (10
i.dOd 00
I'otal, Ivxliibit (11)
(Signcti
(Signed)
1)
D. ( I'COXNOU, Notari/ Public
■.'.'i,n(;; 0(1
J. D. WARKKN.
Exhibit (1'^). — Ksii.MATi: of liic Prinoipal Sums on whieh Iiiteivst at 7 per cen(. [
annuiii is claimed, and the Time for wliicli iiiterest is so claimed.
ler
Value of llio •■ ()
at 7 ilollars
luvarOs estiMi
per >I;mi,
ileil
ell for ISSi'i. I
ulv. 'J.llSl
tlu! cateli wonlii have been nalizeil on
from tlie 1st (lav of Oituber, A.ii. 1880, when
.\etual outlav fur Ieu''il ami ntlier n.
rv expenses ineurreil bv r"i
tin
arc iif tiie ■• On
•il" before the 1st Oelober, 1880.
Dol.
1 0,007 00
,')dd 00
'lolal in-ineipal o-i wliieh interest is elaiiiioil from (letolier A.i) I S80. to dale
ol' payment of elaini .. .. ,.
Msiiniateil vuliie of '• Onwaril's " eiiteh for I8S7 (less cost nf onllit ami
wifjcs of eiew anil hunters) on wljieli interest at 7 ]i"r cent, per annum
is elaimeil from the Nt October, A. n. 1HK7, mi or alioiit wl.ieh iliit"
the caleh woiihl be reali/eil on. to date of j)iyment
If eliiiiii fm- 1HS7 be mil alloweil. Ilieii interest is ehiiiiu>ii on the value of
the ■• ():>\varil " Ir.im l!ie Nt October. A.i). I H80. t,, date of payment ..
(.Signed)
(Signed)
I). O'CoN.vou, Notary Public,
17.107 on
i.OOO dO
I,dOO (10
IX WAllRKX.
Exliil)it (I''). — V.M.t i; lit' Aitici
On
Out (it, whieli would liave been wholly
Of alii.o't wholly consmiied on a Cull l[iintin'4 and I'ishing 'rrip.
IJry {j;noils
Ship ciianiiie
Dol. c.
■I7d 70
10 07
2.-|| .V.)
(Val ..
\Va;;e.s . .
Insiiiance preniiiiiii
Tot il consumption dining voya;^
(Signed)
.MeiiK
(Signed)
1). O'C'ON.SOI!, Noflliil Public.
10 80
1.8-20 00
'.'00 00
,1. I). NVAkr.l'N.
It' the lull claim I'of the sealing season of 18i-*l'), as set not in I'Aliibil, (15), In
allowed, then the ainoimt of this I'.xhihit, 2,'.).5."i dol. Df^ e. will pi'o|H'|-ly a])pe!ir as ;
credit, and be deducted lioni the total of i'^xbibit (;\), of which it forn;s part.
141
No. !)0.
('f)loiii(il DJfi'rr In h'oxiijii OJficf. — t RirviicU Jiiiiutin/ '2'i.)
Sir, Ihiunimj SirrH, .hiviwni i';', 1H88.
I AM (liri'clcil by ilic Sccri'tiiiy o( Stiifc for tlic Colonic-, to transmit to you, to bo
hiid lii'lorf till- Miir<|iiis of S:i!isbury, witii rctiTPncc to pvivioiis coiicsponili'mf, copies of
two (It'spiitchcs troiu tbf (Jovfrnoi'-Cioiicriil of {'uiiadn, foiwardin;; stilcuicnts of cliiiiiis for
losses -iistiiincd by certiiiii Uritisli vcssi Is (■n;;ii!."-ed in the lifliririir's ^wi ■■<'nl fisliiry.
I nni to rt'(|ncsl iliat iIicm' cliiinis may bi- jiri'.-fiitcd to tlic United Slates' Govcrmni-nt
sliiiuld I.oril f^alisbury see no objection tliercto.
I am to re(|n(!st tlial liie sub-inclosnres in tlicse (lespatclics, wliicli are sent in original,
niav be Ktnrncd.
I am, &c.
(Signed) JOHN HRAMSTON.
Intiosuie I in No. !)().
'I'lic Miirijiii.i (if Jjiiiisdiiinic III Sir 11. Iliillitiid.
Sir. (hircniiiii'iil lloiisr, Ollaiin, J.iniuini I, lf*88,
I II.ANIC tic bonour to transmit to you, lor prcs; r.iation to tlie United States'
rKn< inmcnt, a copy of an approved Aliiniti' ol' tlic I'rivy ('(miicil of C"anad:i, suiimitting a
detailed slateineiit of tlie claim of tbc owner and ayent (jI tlic selioonei- ''Favorite/'
wliieli \cssel was, on tlie L'lid Ani;ust, l'»'s(i, wbile sealing' in Beliriii^'s Hea. about OS miles
Iroin land, ordered by tbc United Slates' steamer "Uorwin," under tlircat of seizure, to
cease operations and leave tbc Bebiins^'s Sea forllnvitb.
You will observe tbal tbc circumstances connected "itb tliis claim differ from all tlie
otlici", inasmucb as no actual seizure was efrceti'd, but my Minister of Marine and Fisheries
considers that tbc claim lor loss of the fishing' season is lut unreasoiKil)!e.
1 have, &c.
(Sit,'ncd) LANSDOWNE.
Inclosi
in N(
1)0.
Rt'jdii of a ('(immillcf nf the llonnunibh llii' Piiri/ ('diiiicH for Vumldn, iipjirorci/ hi/ Ills
I'Lvri'llciinj llif ({uvcrmn -(ii'iimil in Ciiiiiicil on IIip 'AVlli Drci'iiilirr, lf>>7.
OX ;i Uepoit dated the 19th December, LS-^T, fiom the -Minister of Marine and
Fislieries, submittiiiii a detailed slatcment ol the claim oi the owner and ai;ent of the
scliuoner " Favorite," which vessel was, on the "Jiid day of .August, l.-'sfj, while sealin;; in
the Tu'lii iiiii's Sea, not lar I'rom where the sebooner "(Jinvard" was seized the same day,
viz., north latitude ')t° -'12', west lomiitude Wi"^ ").')', about (is miles from land, ordered by
the I'liited l^latc-,' steamer "Corwin," miiUr threat of seizure, to eea>e diierations and
leave the Heliriii'.''s S( a lintliwitli.
The Minister represents that the ciieunustances coiiiieclcil with this claim ditle'.' iVom
all the others, inasmuch as no actual siizuic was ill'eeted, but the .Minister believes the
elaiiii lor loss of the fisbin>r season to be reasonable.
The Minister recommends that it be forwarded to Iler .Majesty's (iovernmcnt f'or
pic-tiitalion to the (iovernmeiit of the United States.
1 be ('oiiiiiiittee advise that your l'!xcelkney be mov( d to forwai'd the claim hci'ein
iiKiilioned to the Kinbt I loiioiirabh' the Sccr,tary of Slate for the Colonies, for transmis-
.'•ioii to the United .^tales' (iovcrnnu nt.
.All which is respectfully submitted for vour Fxcelleiiex 's ap|iroval.
(Signed) .JOIJN J. McGKK,
Clnlt, I'r'iiij Council.
Inclosnie .'5 in No. DO.
Drrliiriilioti af Jumps Doiifjliis Wiincii.
City of (Jttawa, I'rovincc of Ontario, Dominion of Canada.
I, JAlMKS U()UC;LAS WAIIRKN, of the city of Victoria, in the IVovinee of r,ritis!i
(-'nluiiihia ol the l);iiiiinioii of Canada, master mariner and shin-owner, do soleuinly and
sinccielv declare as follows: —
1. [ iiiii tlic (lulv a\itliorize(l aiipnt of C'liurlcs Spiinir, im-iTliii
if Vict
Di'iti iildrcsuiil
the owner of tli(; licrciniiftc r iiiciitiiiiic'd siliontuT " I'liviiriti'.
'J. Tli.it the scliciincr •' l"'a\ni'iti' " licfciii I'l't'crnd to
iTtristcrcd iit tin"
hi'itisli vessel (if SO (oiis,
S(i ri';;ist('ii'(l at tlie tiiiio o( llic
.'lid diiys 111' Aiiifii^l. A. II. lN8(i.
3. 'I'lint tdwards the end ul' the iiinnfli <if Mav A.ii. IHSli, after haviiiLC hc.ii (hilv cleared
irt ul \ ii'tiiria at(ire.«aid, and
occnireiieL' hereiniillei' set (int, naiiie'.v, on the 1st
nt the |iort ol \ ietniia albiesaid, Inr that iuii|iose, the said selKKinur " lavo
rit(
sailed on
and for a full season's luintiin; and tisi
iinu: I
11 the North Pacilie Ocean and li. hriiii''s Sea.
4. That
ikI f
or said vovauie the eiew o
f tir
'ail
avoiite" eolisis
ted
Alexander Mel^ean, of Victoria afnrisaid, master, a mate, and twentv-tlir.c sailors and
huiitei
rs. and eoiniilL'tely eiuiipi
d
iirovisioned for a
full
ason of luinti'.i'-; and
tishi
in said waters.
1
till
iin infornied hv the .said master of the " Favorite,
and
everal ol the crew ul
F
am
I d
o veiilv
levc.
nioriliiiL; of the 'Jiid Au;;nst,
not far from where Hie sell
hel
II. is^r,, tl
that
the iiiirht of the 1st AiiuusI, or carlv
d " F
ivonle, w
hih
the \
'■ Onward" was sei/.ed on the said
till
linings ^cil,
riiiiin of the
2nd Anunist. I'^'Sli, aial while lawfully iiinsuinL; tin; ohjeels ol' s;iid voyage, was hailed hy
United States' steam-ship "C'orwiii," then liavini;; in tow tiie seized \essels " I'horntoii "
and " Carolina." .After the usual inquiries as to the name of the vessel, the Commander
or oHieer then in eharw of the said "C
rdered tl
F
ivorite to cease
scaling and leave l!e!uiii^'s iSca forlhwilh, otherwise she would he seized, or words ti
that elfeet.
master of the " Favorite," not
v.ishini; to risk seizure, and le iiiii!
that il
he remained in the said sea his vessel and cargo would he so .seized as Ihreatehed hy the
Commander of the ''('orwin," and llir no other re;ison or reasons wh.atevi-r, at once made
all sail iiiid left the said sealing greiiinls, tlierehv losing the remainder of ihe seulini:
the I
(i. 'I'liat li\' reasuii of so heing forced to cease scaling and leave IU'liriiig"s Sea at ahoiit
of the liest period of the sealing season, the " Favorite" lost al hast J,l)(ir)
iciiinniii!
iins
T total catch for the season was reduced hv that muel
That on said vovaue the "Favorite" t'arried twentv luintcrs and ten canoes. Tl
scht
.\1
irv
E
)f Vict
oria alorcsaid, on a similar vovaire
th
■anie season.
with fifteen hunters and tive sealing-hoats, not seeing or heaiinu of the s;iid seizures
and
th.
till
or alioii
I tl
e close o
f H
din
season, can:
rht 4,
seal-skins. 'I'lie actual catch of the '• I'avoiite" for said season was only ;>,li'J.'), thoii::
she had one-lliird iiiort' hunters than the said '■ Marv Kllei
iiKl eciually as good,
if lujl
hetter, chances of (ihtaining as large a catch; .-ind I virily helicve that the sum of the
actual catch of the '• Favorite," id^'ether wifli the 1 ,000 herein claimed, making a total
af i,:Vj:, for tlie s
s(:ason ot
1HS(.
J, is a lair and reasonal
iihic
stimate for the catch of the
'Favorite" that vear, had she had not been interfered with as above set out.
s. That the
larket
was /
dolhi
avoi'Ue
nice per seal-skin at \'ietoria at tin; eh.se of ,he scisoii of 18S(!
:!(! the aii.ouiit ehiimeil as the value of 1,000 skins lo-t to t
le ow ner o
f till
bv 1
And 1. Jii
on of
licr so leavin
the
i:
.00
ilia
l)ouulas Warren alorisaid, make this solemn deel.iralion, eoii-
scieutiously helievinu' the same to be tri
E.xtra-jndieial Oaths."
il!(l bv virtue of the
Act
rcspeeliiii:
(Siu'iicd)
.). U. WAKKFX.
Declared and afliiiiied before nu; at the city of Ottawa, in the Coiinlv of « aileton, in
the l'ro\-inte of tjn'ario, this Oth ('av of December, a.ii. \^x7, and certified
official se;
uiHler m\
(Signed)
i). 0"C(i.\N(ii:, SnUin/ Piihlir for Onlu
Inclosure 4 in No. 00.
Tlir Mnnjiii.t of LunMbnruc to Sir 11. lloUnnd.
Sir, (Inrrnivicnl IIoiin', Olldirii. JiiniKiri/ ■'>, 18*S.
Wrrn reference to previous correspondence, I have the honour to forward herewiih
a co]iy of an apjiroved Minute ol the I'rivy Council of Canada, embodung a Keport of my
Minister of .M.ari.ne anil Fisheries, siibiniltiiis detailed statenienls of the claiina of the
owners and auents of the " W. I'. Savwaid," " tiraee," '•Anna lleck," •' Dolpliin,"
" Alfred Adams." and " Ada," seized in the liehring's Sea during the present season fur the
alleged oflciice of illegally captinin-j: seals.
14J
'I'lii' .Minister, you will oliscrvc, is oroiiiiiioii tliat the claims sulniiittcd nni ruasoiiabie,
n idnnnciKK tliiil they In- ptTseiilid to the Unitcl Sliites' (lovciiiiiifiit.
I liuvi,
(SisMf(l)
LANSUOWNI-:.
Inclosmv :> ill No. !M).
Ixfjinii lit II ('iiiiiiiilllrc of till' Ufinunntlilr llic I'rini (.'iiiiiiiil t'nr Ciinnilii, apprin'cil hi/ liis
Iviri llriirii llir (Inn'ninr-di'iirnil ill ('intncil iin liir 'Mill Drrrinln'r, 1887.
()\ ii I!c|)iiit (lilted tlio intli DeeeiiiluT. 1S87, I'roiii the Minister of Marine and
I'i-lic'iies, snhniittiin; detailed Mtateiiienis ot tlic claims oC the owners and agents ol' the
li)llowiiii,' vessels seized in the Heiirini;'s Sea duriiii; the present season by United States'
revenue ves-els, Cortlie alleu:ed oil'ence ol illeiially captiirini; seals: —
1. Selior)iier " \V. I'. Sayuard," seized the 0th July, I'^Sr, latitude 54' 40' north,
l()lii;itii(le lfl7" •">]' west, f)** tniles (loni nearest land;
2. Stcaiii-sehooner " (jrace," seized the 17th •Inly, Jf^'-T, latitude So .'J' north,
liiiii;ilude l(i^ lO'we^l, '.)•_' miles t'roiii nearest land ;
:!. Sihooner "Anna lieek," sei/.cd die "-'nd duly, 1887, latitude 51' 58' north,
loMfjitiide ](i7 'J'i' \ve>t, (Ki miles from nearest l.ind ;
•I. Sleain-sehooner '• i)ol|iliiM," jeizud the TJtli July, 1SS7, latitude 51 .'J8' north,
loimitudu lli7° ■i' we'st, 4:i miles from neare,-t laud ;
.'). Schooner "Alfred Adams," seized the otli August, 1887, latitude 54''' 48' north,
loniritude 107° 4'.)' west, fj"2 miles Croni nearest land ;
0. S(;lioon(~r
Ih.
jtii
Aui^ust, 1887. ill
KUll
) miles norlliwarc
(I
nom Ounala-ka Ulaiid, which was the nearest land;
'I'l'" Miuisler reiinseiits that the eirc
stances connected with tlie seizure of liRse
vissels do not materially dillir tiom those attendiiu,' the seizures of In^G, and for which
claims tor the losses su>taineil have alreatly lieeii forwarded to Her Majesty's Government,
for presentation to the (jovernui'iil of the I'liited States,
It may, however, he mainlaiiKMl that the injustice of the seizures made in 1887 is
emphasized liy the action of the United States' (loverninent in ordeviiiL' the release of the
ISsti, mid thus lead
mil' owners
of till
I'csse
iissume that, under similar cireunistaiiccs
for which claim
s are now
furt!
icr seizures
vcssils seized m
presented to fair
('iuiadiaii vessels in llchrinu;'s Sea winild he ellected hy the United Stati's' Government.
The .Minister believes that the claims
as far as pos-ihle, are attested to, are reasniiii
of
suhmitted liirettith, the iiariiculars of which,
ihle, and recommends tliat thcv 1)" iorwarded
to Her .Majesty's G
'!'lie (,'ommitti
nnieiit. lor iircscitatioii to the (iovernment of the rniled State-
dvise that vour Kxcillencv hi
ived to lorward the claims lierci
iiiciiliuned to the Kiuht Honouiahle the Secretary of State I'or the Colonies, lor Irausuiission
to the Uniterl States' (joverniiu nt.
All whieii is lespeclfullv suhmitted for vour Excclleiicv's approval.
(SiL-nedj ■ JOHN J. .M(GKi;,
C'/('/7r, Piivii Cniiiicil.
Jnclosure (i in No. '.)().
Di'ihirntinii of .Iniiirs IJniii/liis IViin/'ii.
City of Ottawa, Province of Ontario, Domini m of Canada.
1, JAMHS DOUGLAS \VAU|{i:\, of the city of \ aloiia. in the I'lovince of P.ritis
Ciiumhia of the Dominion of Canada, master mariner and shi|)-owner, do soiemulv and
sincerely declare as follows : —
1. That 1 have been a risident of the said city of X'ietovia for the past twenty-nine
years, and duriii|; that time I have been largely interested in the buildin;:, e(piipiiieiit. and
iiiana;.;eineiit of steam and sailiii;; vessels. I have ;ilso been engatrcd in the sealiiiL; aud
lishiiii; business at said city for the jiast Iburteeii or tiltcen years.
L'. The steain-scliooncrs "(Jrace" and "Dolphin," and the schooner " W. P. Say-
ward," and the rehuildiuir and tittini; with steam-power of the ste;, '."-schooners '" .Anna
Heck " and " Thornton," all of which vessels have been seized in Heliring's Sea bv the
I ailed States' authorities, were built and done for ine, and under my personal direction,
and were cneli owned and managed by nie for sonie lime after their eompletioii, and are
144
now iii;iii;ii;('
F
(I l)y mc for tlu'ii' ii'>|>cctivc owiicr and owncT>.
T
i( M'lKionL'rs
ivonte,
'Alfred Adams/
Ada," and " Onward," all also seized
Hel
irin<i
sea
by the United States' autlioritics, were eaeli and all well known to nie from |iersonai
Knowledge. From my interest in the Ik'hrini;" ■ Sea sealini; Inisiness. 1 kept myself well
|)ostcd on tile matter and manner of tlie eondition and e(]ui|inient of tl:e said vessels, anc
most of tiie lacts stated in the deelaiations of claim in the case of each of these vessels
canie u
nder
mv persona
I oh
servation.
Tl
ml vessels, exceptmLf the
11
lorntoM,
" Onward," and " Carolena," wliieli are at Ounalaska, are at SitUn, in the (Jnited State>
Territory of Alasl,
a. To hi
these vessels iVom Sitka to Victoria, a distance of about DOU
involve a co^t of at least K'iOO dollars to purchase the necessary materials and take them
to .Sitka, and to convey the necessary men to Sitka and pay their wajies. Kroin lei
Victoria until arrival back with anv one of said vessels would take about t'.vo
montiis, 01
perha|)s
months.
few (lavs K'ss
tlr
summer months, and a few davs more in the winter
-4. A full linntinK and se,
ilinir season beij;ins as earlv ns
St Ji
uiuarv and up
till
the 1st -March, and extends tlieme until the end of Septetube
'The
Hehi
'J'his season is divided into t\
coast season terminates about the end
larts, the coast season and the Uuhiin'''s .Sea season.
;)f .lune, but vessels intendi
to iro to
:'s Sea tienerally leave the coast fishing durinj; the month of May, sealini,' as they
go northward, and reaehinj; l>ehriiv;;'s Sea the end of .lune or beiriiininy of .(uly. The
best jjcriod of the sealini; season in l?chrinu;'s i^ea varies in dirt'erent years aecordin;.' to tlie
prevailint,' weather from about the '_'()th .July to the end of September, alter which date,
thougli se
go south
re plentiful, stress of weather compels scaling-vessels to leave the sea and
On sealing vnvaures the luinte
IS all' jiaul in lieu ol wages so niucli ])er seal ski
each .skin they capture, receiving Ironi '2 to 21 dollars per skin. 'I'lie masters are generallv
paid ])artly in wa^es and partly in the same manner as the hunters.
The
Iv vessel in the Hebring's .Sea in either of the seasons of ]8H(i or 18s7 that
lad
c a reason
ihlv full catch ot seals was tin- schoonei
.Mn
I'l
)f N'ictor
k'liieh.
the season of iSSfJ, took 4,'2.")ti seal-skins. On and for said season the " Marv Kile
n
carnerl
1 fil'l
lunters and five boats, an average catch per boat of h.")! seal-skins, the five
boats being about er|ual to eight or nine canoes. The " Mary Kllen " was the oidv vessel
He
inu's Sea in either ISfSfJ or 1h87 which, so tar as I know, or am able after in
to learn, lemained the full season in said sea on and about the best scaliiin' i;roinul.s
without lieiiiu' ili
-turbe(
the I'nited l^tates' autllOl•ilie^
■And I believe that tlie s
ilid
sleam-scliooners "Orace Dnlpbii
d
Heck
il tl
le said schooner
W. P. Sav-
ward," wliieh were the best e(iui])pcd vessels for sealing that had ever entered the Hehrins;
Sea
lid
ive, if not seized or di-turbed bv the I'nited Stale;
uitborit
le.'
cqu.illy large catch in said years
not do so.
ISsr
d 1.^
then
bei
no reason wbv thev sho
uld
(i. 'i'lie ma>ters of the steam-scbixjiier " Thoniloii and sdiconci " Oiiwan
d till
mate of the .--r-liooner '•'Carolena,'" after their arrival at ."^itka a< prisoners in the latter part
ol' Auiiust, entered into an agrei nieiit with one Clarke, a coiiiiM'llor-at-law at Sitka, td
defend tliiir vessels and theniselves on their pending trial at Sitka belcire the I'niteil
States' District Couil, and the cliaigv of odii dollars fur legal ex[ieiise> at .'•-ilka in the case
ol c.ieli ot'tlic said vessels is to cover the claim ol said Clarke.
7. The waues of the cn-w ot each of the said seized \essels. I'scepl the " Alfred
Ada
in each ca
id " Oiiwan
In tht
.\da
th
ire based on two niMiths service expiring on the d.iy ol si'izun
lams" and "Onward" ca^es, the crews were p;iid up to the time
eir iirri\ al ai \ aioi la
.\n(l I, .lai;
I)
OU'.
!a>- Warren aforesaid, make this s )lcnin dcelar.ition, eoiisei.'ii-
tii'^usly believing the same to be true, and by virtue of tl Act re>pieliiii; lixtia-jiidii
Hatli:
( ."^i^iiei
I)
I). WAUl'.iA.
Di'eiaiid and airnniC' belore me. at die eily of Ollaua, in the Ciiunly i.l Caiktoii
and I'rovinee of Onla '' bis '.lili da\ of December, A.n. \>*s7, ami ceititiLil iiiidi'i' my
ofiicial s(al.
(^S.'ylicdl .). M. DaI.DKIISON. ,\()Iiiii/ I'dlilif Jni Oiiliiiiii,
145
Inciosuio 7 in Xo. !)().
Dfcliiratioii of Jamfx DoiKjlas Wnrren.
City ot'OUuwa, x'rovinci; oC Ontario, Dominion ofCannda.
1, JAMES DOUGLAS WARllKN. ot the city of Victoria, in the Province of
IJrili.sli Columbia of the Dotriinion of Canada, master mariner and ship-owner, do solemnly
nn(i sincerely declare as follows : —
I . That I am the duly authorized agent, by jiower of attorney bearing date the 4th
November, a.o. 1886, of Tlionias II. Cooper, of tii^ city of S:in I'rancisco, in the State of
rahfornia, one of the United States ot America, the inanaginjj; owner of the hereinatter
iiiciitioMcd schooner " W. P. Sayward."
'2. Tiiat the said Thomas II. (,'ooper is, as I am informed and do verily believe,
a liritisli subject by birth, and has never renounced his allcgiaiiee to the Sovereign of
fircat HrHain.
.3. That the said sdiooner " \V. F. Sayward " is a British vessel, having been built at
Victoria aforesaid in a.u. 1>'S2, and duly rc};istered at the port of Victoria iiforesaid,
and was at the time of her seizure, as hereinafter set out, so registered. The said
" W. I'. Sayward " is l.'iS.} tons burden, by l)uil(lcr's measurement . and is a well and
stronf,'ly built vessel.
I. That on the llitb day of Alay, a.u. l^S", after havini; duly clearc<l at Customs at
the |>ort of \'ictoria aforesaid lor such [jurposc, the " W. 1'. Sayward '' sailed irom Victoria
oil and for a full huhtiiiK and (ishioLr vovai^e in the Noitli 1'acilie Ocean and Heliring's
Slu. On said voyas.'!' Geor-jc K. Ferey, of tlic said city of Victoria, was master; Andrew
Lain:;', of the same place, mate ; and the crew numbered, in addition to the master and
mate, t>v'-)ty-two or twcntY'thrce, with nine canoes and one boat for hunting and sealing
purposes.
r>. On the '.ind day of July then ne.xi foilowinu the said " W. I*. Sayward " entered
lieining's Sea, having then on board, as by the report of the master sent to me, 4T!) seal-
skins, all taken on the voyage iiom \ ictinia to Heiuing's Sea ])rior to the said lind d ly of
Juiv. After enli'ring the said si'.i the weather was verv tliick, and no sealiiiic was done bv
the"" W. I'. .Say ward.'-
f). On the' !)th day oi said .lulv, the ■' W. 1'. .Siyward " then being in latitude 54° 4.T
north and longitude lfi7 i'lV west, and about 't>* miles from Ouuaiaska Island, the nearest
liiiui, and lawfully ])ursuing the objects of hor voyagi-, was seized by the United St.ites'
steam-ship " Kichard Rusji," and taken to lllouiook llariiour, at Ounalaska Island, in the
United Slates' Territory of Alaska. At said 1 rbour the seal-skins ou board the
"W. P. Sayward" were taken out and store<l on shore, and the " W. 1'. Sayward" was,
by order ol the autiiorities of the United States, sent to Sitka, in the said Territory of
Alaska, in ehaige of an olliccr ti'oiii said •' U;( hard Itu-ji," tnuctlier with all hcv crew.
7. Upon arrival at Sitka the '• \V. 1'. Savwai'd" was hatided over to l.'nited States'
.Marshal Atkins, the mastir and mate of the '• \V. V. Sayward," the said (jcoige K. Ferey
and .Ahditw Laiiii;, were taken before a .hidu'c and bound over to np])car lor trial on the
iiL'iul (lay of .\ugust then instant, and from day to day Iherealter, on a charge ol hu\ing
violated tl u laws of the United Slates relating to seal-(islung in the waters of Alaska.
The said muster and mate so appeared on the 'J'Jnd August and day by day thereafter,
until the 9th day of September, when, without having been tried on said eiiurge or any
other charL^e whatever, they were uneonditionallv released.
^. That jiereto anne.M'd, marked "(A I, " is a slateiLient of the value of the said schoonc'.'
" \V. 1'. Sayward " at the time of li( r sei/.me i)y the " Rielnrd Rusii," also of the ailicles,
and groups of articles, and tiie value theieof, comprising the outlit of the " W. 1',
Sayward " on and for said voyaiie, also ot the amount of (.reiniums |)aid lor insurance of
die hull, outlit, and cargo of said schooner during said voyage ; also of the amount paid
in wages to the crew and hunters on said vovage ; also of the fares and expenses of the
mate to ami Irom Victoria tor instructions, and of the miit-ter, mate, and part of the crew
in returnim; to Victoria fiiin Sitka; ami also of the number iind value of the .seal-skins
taken I'rom the said schooner when seized.
'.). 'lie value placed on the si'iiooner " W. 1'. Sayward" in said I'^xhibit (A), namely,
(i,(MI() (loiiars, is a lair and reasonabi" vaUiation of the said schooner, considering her
iiri;;iiial cost, whieii was al)out 7,(U)(I doliais, tin condition ol' repair she was in when
H'i/ed, and tin' value of vessels of her class iil Victoria aforesaid, for such purposes as tlie
" ^^ . 1'. Sayward" was designed and used. luuuediately before going on said voyage she
WHS thoroughly repaired and refitted, and, a( the time of her seizure, was in tirst-class orde?
[V2H] U
H6
and condition. Besides the outfit mentioned in Exhibit (A), there uiis on board the " W. P.
Saywafd," when seized, a c usidenihle (|ii;intity of extra uear, tackhnu', and ship stores.
The insurance vahu- of the " W. I'. Saywtrd," i'or the year I«87, was <),()l)0 dollars, and
on and durinj; said voyage she was iiisured in the sum of l,Oi)ll/. on iicr hull, and in
2,000/. on her outfit and car^o.
10. The vahie placed on the vaiions articles and groups of articles cotnprisinf; the
outfit of the said scliDoncr, as ;j,ivi.ai in Ivxhihit (.\), is the market price for each of said
articles at Victoria aforesaid at tlie lime ol their purchase ior the use and |)urposes of said
vovajfe. The ])rice eharLicd in l-ixhihit (.\) for the seal-skins on hoard the " \V. P.
Sayward " when seizi'd, namely. •"> dol. M (;. [lerskin, is the market j)rice |n'r skin current at
Victoria aforesaid on or about the elo>e of the sealing scmi-oii of It^b7, when the catch of
the " \V. P. is'aywavd," had not such seizure taken place, would have been j)laced on the
said market.
11. That hereto annexed, nuuked ''(Cj," is a statement of the leg.d and personal
expenses incurred at Sitka and elsewhere by reason of the seizure of the " W. P.
Sayward," the arrest and detention of her master and mate, and the claims arising
therefrom.
12. That hereto annexed, mariied " (0),'" is anestimaie of the loss and daiiuigj resultiiii,'
to the owner tliereof by leason of the seizure and detention of the schooner " W. P.
Sajward " during; the season of If^ST, and the piobable loss from tin- sana; cause for the
season of 188S. Tlie estiriialed catch of seals by the " \V. P. .Sayward " for the .season of
1887 is based upon an averaye catch of -iSO seals per boat and canoe for a lull season,
and 1 verily believe, had the above seizure not taken place, that, under ordinary circntii-
stances, the total catcii of the '• W. 1'. Sayward "' lor said lull season would have been at
least the said number of 3,5(10 seals.
1.3. That after the close of tlie sealiiiir >-eason, and dnrim;- the months of October,
November, and Decendicr, a.o. IS87, and January 188^=, had the " W. P. Sayward" beea
in her owner's possession she would have been enuajicd in the coastinu; and .licneral
freightini; trade in and about the coasts ol' British ('olund)ia. and the said claim of
300 dollars ])er month lor each of said months is a (air and reasonable estimate of the
earnings of the " \V. P. Sayward" for and during- said months, alter deiiueling therefroia
the cost of wages and running expenses.
1-1. In oi'der to put the " W. P. Sayward " in order and condition to engage in
hunting and fishing the full season of 1888, it is necosary that she should be in iier
owner's [)ossession at \'ictoria aloresaid on or before the 1st day of February, a.o. 1888.
if not then at \ ictoiia it will be impossible to rcpaii' and r"lit her in lime to start nut on a
full .season voyage which begins al>out the 1st March. As during the sunnner months
there would lie little for ave^^el like the *' W. P. Sayward '' to do in the eoasiing and local
freigliting trade, if she were not got aw^ay on a fi,«liiiig and hunting \-oyage the season
would be practically lost. The estimated proiit on a full season of hunting and tisbing by
the "NV. P. Sayward ''in 18ss, nameis, iijOO') dollars, is a fair and reasonable catcli
estimate, based on a catcli ol 3,500 seal-skins, and, deducting from the yross value thereof,
at 5 dol. .')0 c. jier skin, the cost of outlit and wages based on the " W. P. Sayward's"
voyage of 1x87.
lij. That hcieto annexed, marked " (1'^),'' is a slatemenl of tlu' principal sums on
which interest at 7 per cent, per aniuini is claimed, and the lime for which it is so claiiiied.
On tlie 1st Octiber, .\.D. l^H7,on or about which date the catch of the •' \V. P. Savward "
for ISsi" would have been, in the ordinary (■(/iiise of event.-, realized on, IJie minimum rale
of interest on money (iir commercial purposes at (he said city of Victoria was, has since
continued to be, and now is, 7 per cent, per aniuim.
It). That hereto annexed, marked "(1'),"' is a state neni of the articles, and groujis el
articles, and the value thereof, coin|)rised in the outfit of the '' \V. P. Sayward " on said
voyage as given in ivxhihit (A), which would have been wholly or almost wholly eonsmneil
in the course and |)i'osecution of a full seasoii's huiiling and lishing voyage, such as con"
temjdated by the •' W. P. Sayward'' in 1S87.
.And I, .laiiK s Douglas Warren aforesaid, make this soliaiin declaration, eoiiseienlimisiv
believing the same to be true, and by virtue (d the "Act respecting Kxtra-judicial oaths."
(Signed) ' ,). D. WARKEN.
Declared and affirmed before me at the city of O I. .va, in the C'oimty of Carleton ami
Province ol' Ontario, this !1(h day of IJccember, a.h. 1887, and certilied under my oliieial
seal.
(Signed)
1), O'CoNNOK, Notary Public.
lis firising
147
Exhibit, (A).
Value of tlio sdioonrr '" W. P. Saywnnl " iit tlio timi' of liur seizure
liv I'niteil Sinlc'>' ste;iiii-slu]i " Hicluiril ltn>h ' on tlie lltli .liilv,
a'.k. 1SS7
Vjilue (tf " W. P. S;iyw;ir(l's " outfit ou .--.'lid vf)Vn:::o —
(iioeerii "i ,, .. ., ,. ,. ..
Aiuuiuitition .. •. ,, ,, ,. ,,
[)fV f.MMHi'i . . . . , , , , , , , ,
'I'wi) it* II tiiul\s
\\'ii1('f-e!isli.i . ,
Ship rliM'idl- I'v . . ,.
l-\iiii- Ntt. if) >liot uuii^ ,.
Two rilies
*'ini liupleiucul!* and ftuil-; ,, ,, .. ,,
(Ine sciiliuLT-linat (ntnriUMlj ,, ,. ,, ,,
.N'ii.e eiim.cs au'l outfit*. ,. ,, ,, ,,
S t(»IIS ^illt . , . . ,,
.'» tons cctal , . . , , ,
Co.iliiu;; ranjjc anil \it('ii.'-ilv
I'.<uraiiee—
I'MN.iMiii on l.ODtl/. ou hull, HI/. (•,-. 8./.
riMiiluin ou ■.'.(Kill/, cui i-ai-fTo. 105/. la.5. \il.
Willi's paiil •■aiior' nud huii'er.« liir voya);e up to time of neizure
I'ii-^a'.;" luiuiey of mute to Victoria foi- counsel and instructions and
retui n . . . . , . . , , . , ,
Kares of lua.ster and niuto on return to Vietori.'i. and pcrsoiud
I xpelific^
f-'ares of M'\enleen men (crew) from Fort Siiup.-ou to Vietoria
K9 siaK on lioaid •' \V. I'. i^ayK.'ird" when seized, nt 5 dol. 50 e.
jier skin
'I'otal, i:.\l]iliit (A) . .
(.'^iCTH'(l)
(Siiriied)
1). ( •'CoNKOU, Xntaiii Pnhlir.
Dol.
100 (jO
Doi. r.
0,000 00
K5f! 07
202 70
it5 75
50 on
25 00
101 40
100 00
•15 01)
',1 00
5 111 00
121) 00
.■;5 no
75 00
410 70
514 59
925 29
1,4;J7 75
, ,
150 00
255 00
505 00
2,634 50
..
1.3,791 12
J, D. WARREN.
Exhibit (G).
Total. l'',xliil>it (C)
Dol.
I.i'.'al expense.^ nt Sitlia in eonneetlon with the seizure of the
" \V. I'. Saywiird " .. .. ., .. .. 100 00
Ciuiu-il and iitljer lejiul fees aiul t\pci'ses in and iiljout the cluinis
at isit't; liom saiil seizure ,. .. ,, ,, ,, 750 00
I't rs.ind I \peiiM s t)f the owner in eimneetion with said feiznrc nnd
li.iims .. .. .. .. .. .. .. 250 00
^Signed)
(Sijiiicd)
1). O'CoNNOH, Aolnni Puliiir
1,100 00
J. D. WARREN.
K\l)il)ii (I)). — I).\.mac;ks iitisiiiL' lioiii tho Seizure and Detentinn of tlie "^^'. 1'. Saywaid, '
(luriim the SeasiM) i>l 18tS7, based u[jon her reasonable and jirobable Catch ol iseals
fill' (hat Season.
Dol, c.
Kstiuuited eateh of seal-skins .. .. .. ,, .. 3,.'i00
Less oil hoard at seizure ,, .. ,. ., .. 479
lialance, lit 5 dol, 50 c. pi r skin .. ., 3,021 = 10,015.50
Loss lo owners of " \V. 1', Snyward '* hy reason of her detention after the elose
of till- sealing season of l^S?, luiinely, for the months of Oitoher,
Noveinher, mid I leeemher, /i,l>. 18«7, and .liiiiuary, A.n. IKHS, when the
" W. 1'. Saywiird." if in owni t"s po>ses-ion, wimlil have been en);a(;ed in
i-ea-liMK trade. Kour months, at :;0U dollars p<r inoolh .. ..
It owi.ir not put in possession ol " \\ . 1'. SavHaril" on or hifore the Ist
I'lliruaM, ISSK, so that she may he put in older nnd eoieiition to en^a^e
111 fi^hint; and hunting; vOyaye for season of I HHH. reasonuhle ami probable
pi ofit fur liie season of 1 HUH .. .. .. .. ,, 6,000 00
1,200 00
[128]
U 2
148
Exhibit (E). — Estimate of tiic Frinci|)al Sums on which Interest is claimed at
7 pur cent, per annum, and tiic Time for wiiich it is ao claimed.
Dol. c.
Value of the ostiin.itfd caleli of tlip " W. 1'. Saywunl " lor sciisoii oi' 1 887, from
the Ut (I'ly of Octolier, A.l). 1H87, wliun Miiil ciitiOi woiilil huve heen
realiziil oil,' viz., ci,.'j()ll ^kills, lit 5 ilol. .■>() e. ]jei- skin .. .. .. 19,250 00
Aetu:il outlay for lei^iil and ot'ier expenses on .aeeonnt of miul sei/.ure pi'Ior to
the 1st October, 1887 ,. .. .. .. .. .. tiO.J 10
Total principal on which interest at 7 jier cent. |)er anmun from tlie Nt Oelnli
1887, is claimed ..
(Signed)
(Signed)
D. O'Connor, Nnlani Public
.. 1H,85') 10
,1. U. WAllRKN.
Exhibit (P). — Value of estimated Consumption of Articles of " W. P. Savward's"
Outfit on a full Vovaue.
Dol. c.
Groceries ., .. ,, .. ., ,. .. 8 j(i 07
Animu-''ion .. .. .. ,, .. .. '21^2 7B
Drv jxoods . . . , , . . . . , . , , , 1)') 75
Ship chandlery .. .. .. .. ., .. 101 40
Salt ,.' .. .. .. .. .. .. lan on
Coal .. .. .. .. .. .. .. .'W 00
Wages .. .. .. .. .. .. ., 1,437 75
Insurance premiinns . . . . . . . . . . . , 925 20
Total consumption
(Signed)
(Signt'd)
I). O'CoNNOii, Xotari) Publiv
74 fi'J
.1. D, WAllHEN.
Memo.
If tho full claim for tlie season of 1887, as set out in Exhibit (Ui, lie allowed, tlitn
the amount of this exliiljit, 3,774 dol. (32 c, will (iroperly appear as a credit, and be
deducted from the total of lixhibit (A), of which it Ibrnis a part.
Indosure 8 in No. 90.
Dechiriiliuii nf James Doiii/las Warren.
City of Ottawa, Province of Ontario, Dominion of Canada.
I, JAMKS D0U(;LAS WARRKN, of the city of Victoria, in the Province of Briti.>;h
Columbia of the Dominion of Canadn, master mariner and ship-owner, do solemnly aiiil
sincerely declare as follows ; —
1. That 1 am the duly authorized agent ol' Thomas 11. Cooper, of the city of Sail
Francisco, in the State of California, one of the United States of America, the owner of
the hereinafter-mentioned steam-schooner "Grace," by powei' of attorney hearing date the
4th day of February, A.l). 188(j.
2. That the said Thomas II. C()0])er is, I am iiiformeil and do verily believe, a Hritisli
subject by birth, and never having renounced his allt-giance to the Sovereign of (ireat
Britain.
3. That (he said Bteam-sehooner " (iracc " is a liriti-h vi -sel built at Victoria afore-
said, in A.I). 18^1, !ind tlidy registered at the jiort of Vietoiia aforesaid. By builder's
measurement (be "Grace'' is ahuut 1>^2 tons burden. She is sidistaiitially and strongly
built, copper fastened throughout, and in A.l). ISSf) her bottom and sides to about hall-
load-line were coppered. Her ste.im power consists of one large boiler, compound engines
and all ncc(."isary lltlings, including' inside surface condenser, steam fire pnmjjs iuid hose,
and also had on b(<ard a double steam cargo winch.
4. The said '• Grace " was duly licensed as a pas.sengcr boat, and had all the appliances
and conveniiMiies reipiired by Canadian law for such vessels.
!). That as such a^eiit as aforesaid, I am the sole manager of the said steam-
schooner " Grace " for the said Thomas 11. Cooper.
149
f). TImt on or about tlie 2-^rd day of April, a.d. IBS", having previously duly cleared
tlioic'fbi' ;it ilie port oi \'ictoria aforesaid, tlio said stiam-scliooticr "(jracu" sailed from
Vicloria on and for a full scast-n liuntiiii; and fisliiiij^ voyn^e in the North Pacific Ocean
and liclirinii'.s Sea. On said voyage the crew of tiie "(Jrace' consisted of William Petit,
of Victor'a aforesaid, master, a mate, and twenty-nine sailors and luintcrs.
7. That on the Cth or 7tli day of July followiu'^ the "Grace" entered the
beliiing's Sea along the 17iind west meridian, thro'.mh the Amoughta Pass, commonly
called the " 172ii(l Pass,' having then on iioai'd 408 seals taken wliiic on the voyage from
Victoria aforesaid to the said pass.
H. 'I'hut on the 12tli day of said 'Inly, a.d. 1887, the "Grace " he^an sealing in said
Hehrinu's Sea, and from then till she was seized as hereinafter set out (taught IVl'.) seals.
Oil tile 17tli day ol' the ^aid month of .July the United States' steam-ship '■ Richard Rush"
sei/eil the said steam-schooner "(iraee" (or alleged violation of the laws of the Ulitcd
States of America respecting seal-tishing in the waters of Alaska. At the time of said
seizure the '• (irace" was in north latitude .15" .'i' and west longitude Pi-j'' 40', then being
about \)2 miles from Ouiialaska Island, the nearest land, and, as F verily believe, lawfully
pursuing the objects of said vovage,
!). Tlie '• (jrace " after being seized was taken to Ounalaska, in the Territory of Alaska,
wliiTc by order of the United States' authoiities thereat, all the seal-skins on board, except
as lieiviiiaftcr stated, were taken out and stoied at Ounalaska, and all the firearms and
aniiiiuiiition taken on board the said •' llichard Rush." On removing the seal-skins twelve
wcic mis-ing. Five were afterwards discovered on boiu'd the ''Cirace" and not removed,
tlie remaining seven were not, so tar as ( know, ever found.
10. .M'ter removal from the " Grace'' of the said seal-skins as slated in the preceding
paragra|)h S, a United States officer was placed on board the '• Grace," and she was, in
charge of said oHieer, taken to Sitka, in the 'territory of Alaska, together with all the crew
anii hunter.-. On arrival at Sitka on the 1-t .Vugust United States' .Marshal Atkins took
charge of the ''(Jrace." The mastei, the said William Petit, was bound over to api)ear
for trial on the 2'_'nd day of .Vu'just then inslaiif. on a charge then preferred against him of
havini,' violated the laws of llu' United States resiiccting seal-fishing in tlie waters ol'
.Vlaska. The ^lid mastei' xi uppeared for tri d on the 2'_'nd instant, and thereat'ter day
liy (lay until iliellth day of St'pti'inber next followiii'.', when, without having been broii'.:ht to
trial oil such a cluuge or any other charge whatever, he was unconditionally release'
1 1. 'I'liat herelo annexed, marked " (A)," is a statement of the value of said steam-
sehooiier ''Grace" at the time of her seizure, and of the outfit then on board, also of the
]iieiniums paid for insurance on the hull, outfit, and cari;o of the "firace" for and during
said vovage; also of the amount of wages ;iai<i the crew and hunters on and (or said voyage
ap to time of seizure ; also of the expenses and fares of the master and live men at and from
Sitka to Victoria aforesaid, and also of the number of the seal-skins on board at the time
of seizure, and the value thereof.
12. That the value placed upon the said steam-schooner "(irace " at the time of her
seizure, namely, 12,(100 dollars, is Imsed ujion the original cost of the said vessel, the state
of repair slie was Llien in, and the general market value of the vessels of the same class at
the said jiort of Victoria, and for the same purpose fur which she was designed. The first
cost of the '■ (Jrace " was between Ki.OOO and 17,000 dollars. At the time of iier seizure
she was (1 years old, and in 18S") had been thoroughly ie])aire(l, coppered as aforesaid, and
geii'.'ially put. ill first-class order and comiition. (Jn her departure on s;iid voyage she was
ill good order and condition, and liad on said voyage up to the time of seizure sustained no
daiiiaire beyond ordinary wear and tear. Her insuranci' value for said \ear 1S87 was |)laced
at 12,,'JOO dollars, and she was, while on said voyage, insured for the sum of 2,000/., and
the said value ot 12,000 dollars at the time of lier sei/ure is a rea-onabU' and fair vilue (or
tile said steam-scliooner "Grace."
1.'!. Tliat the value in i'..\bihit {\) placul on ilit articles, and groups of articles,
eniiiprising the outfit of the said "(irace" is the (;ost price of the said articles at the jiort
of Victoria at the time of their purchase for the purposes of" said voyage. In addition to
the oiitlit named in Exhibit (.\). tluie was on board the '• (Jrace " at the time ot her seizure
a cdiisiderable (luaiitity o(';;eiKral ship stores.
It. The price per seal-skin eli.u'i,'ed in I'Aliibit '.\). namely, 5 dol. .'lO c. per s|<iii |oi-
the seal-skins on Imard the " ( !iaci' " when >^ei/.(l and taken out at Ounalaska was the
market price at \'iettuia at the elo--t^ of the sealing season ol l.-*.*7. when the eati h iil the
"(irace" for that season, in the ordinarv cour-e of events, would have been plai'cd on
the market.
1"). That heretu annexed, marked "((.')." is a statement of the legal expenses incurred
■" Sitku and elsewhere by reason of the seizure of the "Grace" and the arrest of the
150
captain, and the claims arisinir tlicrofrom. and also of the personal pxponses conncctrd
therewith.
I'i. 'I'hiit licrcto annexed, marked " (0)," is ;i stalcmcnt of tlie amounts clainied by the
owner ()(' tiie steam seliooiier ■• Oracc " hv reason of licr sci/uro and detention, (hn'in^ the
season of 1H87, and of the los< arisinu: from the detention of' the said "(!raee" alter the
close of said season.
17. The estimated catch by the " Grace" for the season of IH*^", namely, 4.200 se^l-
sl\ins, is Iiascd npou a reasunabic ami prnbaliic catch per i)oat or cannr for that season.
Exepricnee in sealin;; iiiis proved tliai tiie ureatcr lunnher ot' boats oi' canoes, or both,
carried by anv one sediiii^'-vessei, the smaller tiie average per caucus or boat, and it is in
view of !his tiiat tiic averaiie per canoe I'or the "(irace"' is put at 'MH) per canoe, while the
averaiie for the ^teatn-schooner " Anna ]'fc\- " for the same season is ])laced at •'?.')0, the
latter carryinj? cic;ht canoes and one boat, wliile the former carried twelve canoes and two
boats. 'I'he said average catch of .".OO seal-skins per canoe and boat for the " (iraec; " is a
fair averace eatcli, and 1 verily l)eiieve th.it, had iho "Grace" not been seized as aforesaid,
her catch for tlie season of 188" would have exeeeded the said tnunher of 4,200 seal-skins.
iJs. That dui'ino: tlie months of Oetober, Xovember, and Decemijer. A.n. 1887, and
Januai'y. a.d. LS'^H, had the ''draco" been in ijossessiiii of hci' owner, she would have
been cnaaged in the coasting trade between the various ports of I'rilish ('olunii)ia. Tiie
estimated loss (ler montli of .">()0 dollars for eacli of sr.id months is a fair and I'easonahle
estiniati' of the earnings of tiie sail .steam-sciioon?r "Grace" for the said months ol
October, Xovcniber, December, and .lanuary, after dedticlini; the cost ot waires and
ordinary run.ninf;' t- peiises, and I verily believe that the " (irace" would have earned the
said sum iier month had slie been in her owner's possession.
19. That in ordrr io engage in tl;e huntinii; and fishim; of next year, namelv,
A.n. ] 888, and in view of the fact that the " Grace "' will iccpiirc tlic usual overhaulin;;
and fittinsr our. before heini; sent on so lonL' a vtiyaire, the latest date at which it will be
possible to bef^in lucessary repairs and !■( titlini;-, and have them coni|)letc'd in order to
leave at or about the u.-ual date on said hnntini;' and lishinir voya^'c, will Ix' on or about
the Ist day ol I'ebruary, A.li. I f»88. If the " (irace " he not (ielivered to the owners at
Victoiia on or before tliat date, it will be too late to repair and rctit her lor a full season
hunting: and fishini; voya:je, which begins on or about the 1st March ol each vear.
During; the summer months, (iir a vessel of the class and equipment of the " (irace "
there if- very little to do in and about the coastini; trade, and the season in the event of
the " Graee " not beiuE, in the jiossession of her owner on or before the Isl I'Vbriiarv,
A.D. 18Ss, would be jiiaetically lost to In r owner. The claim for loss if detained bevond
the Ist Febiuiivy afoicsiiid is a lair and reasonable estimate of the loss which will in sueli
cases !)■ -ustaincd by the ownei' of the "(irace.'
'2iK That hereto annexed, marked '" (I*'.)," is an estimate of the prinei])al sums on which
interest at 7 |ier cent, per annum is claimed, and the time tor which it is so elain.ed. ( )n
the 1st day of October, A. 1>. 1SS7, \^ hen the catch of the '• (irace " would have been,
in the ordinary course of events, realized on, the minimum rate of interest on money for
commercial purposes at the said city of \'ictoiia was. has since continued to he, and now
is, 7 per cent, jier aniinin.
21. That hereto annexed, marked ''(!'')," is a statement of the
articles, and the value thereiif, Irnni fxhibit (A), wliieh would have
whollv, I'oiisumed in the course and prosecution of the said voyage,
been seizid and defa iied as aforesaid.
And I, .lames Uou;:las Warren aforesaid, make this s(deuin declaration, conscientiouslv
helievin;: the same to be true, and by virtue ot Ihe "Act respccliiiw h^xtra-judieial
Oaths."
articles, and i^roups ot
been wholly, or almost
bad not the " Cirnce "
(Signed)
.1. 1). WARREN.
Declared and affirmed hefori! m(! at the city of Ottawa, in the County of C'arleton,
in the I'rovinee ot Ontario, this !)ih day ol necemner, a.j). 1887, and certified under niv
ofticial seal.
(Siunec!) I). O'f'oNNoi!. A'o^7^l/ Piililir for Ontario,
161
Kxliibit (A).
Dol.
t".
1J,.I ,:
Viiluc of the stniiii--"'ln)Miivr ■•fir:ici>" ;il ilir tuiii; ■.! iii'r s-'i/uie ,,
12,0011 (Ml
Outfit—
(iroco: icK , , . , , . . . . . . ,
iilh
la
iVni'iiuiiiiiiiii
idfi
(i:i
Drv f^niidn . .
tiTti
17
Thrf't iioii waloi-tiinlv? ,,
nii
01)
W'attT-cusks, ,
'.'o
1)11
Ship oliiiiullfry
101
IS
Twrlvc N<». iO sll<-t jrilM-
480
no
Thn c iilli .. . .
1 t
■jii
One Miiiiil <MiMnni uii carria^ic I'M -iLtiiallui^'
oil
(III
(iiiii iiiiplciunil^ a .1 ;cj 1^
III
o(>
Two scaliiii,' lidan and (iiiltiis ..
■Jl'.l
or
'rwt'lw cniifu.s anil outfit-*
r,si
nil
8^ tons of salt
lL'7
.V)
.;.■! tcHlS of ,ral
■J.'il
11(1
fyookin^'' ran^i' and ututi^ils
mil
no
:;,n.j:) In
InDniani;; —
Pft'ininni on L'.OdO/, insanui'-i on iniii
SJl
fii
,, ,, .. oMltit lid I'aii;'! . .
ol 1
•V)
l,:i:io '.)'.!
■J.K'.l 'Jo
Waiios paid fi.'^N' and iinni- i> on voyai:-' up to tiim' of -elzio-.'
I'ur'-.> ffiiiii .Siil\a t) Vict'jiia of ni .si'-r ai.d fiw oi' llio (Mt\\, a-a!
iiatsli-i 's f'.\p^■ns^'^ at Siika
•JlKI 11(1
781 ^(■tll•^liiIl< on l>oafrl tlif ■• I iracf " wiica •-■ i/'d. at ■> do). .";0 c.
pii* sliin
l,L".)o 'ill
I'otul, Kxarii (A)
■J3,(il8 ilj
(Sii'iied)
J.
1). WAKREN
(Si;^neii)
D. (J'(,'(jNNOi;, Xotaij/ I'lihlic.
Kxliibit (C).
Loi^nl tApviiM'S at Sitka in coanoctiou with llic soizuro M' tlio "(imeo" and
:itn>: ii:' mii'-n.'r ., ., ,,
Cuiiii^ri .iiitl ottici* It';::al iiTN itriil rxpenscs in and about iIh' ^lmzur' oI' tin-
•■ lira'-c,'' ait'i iiilit'i' claims aiitsiii;; tlit.it'Uinlur
"I'vsonal expenses in tiie j^iiau' cuiiiu'ctinn
Tnta)
nA.
c.
ino
no
T-iii
iin
■J oil
on
inn
nil
(>>iL,'nfil;
(Signed)
I). ()\ ONKOK, Sotani Piihlir.
.1. I). W'ARUlvN'.
Kxliiiiil, (I) .- -i'.^■l■IMA■n•;I) Loss mut iJainu^i' to tiic Ownoc ol IIk' ■• Gimcc," by irason oi
lice Sci/.uic and Dutciilioii, duriiii; v.i). 1887.
Ilol. ,-.
Uc.iooahli; and pioliuidi' citrli of s^'a.s tui* liic -^i-asoll ' f I ^.-<7 .. I.JiMI
l,''>s tiiinhi-r on lioard win-ti ■ i/t d. am! cduir^od in '■ix'iiidt ( Aj . 7^1
lialnncc at o dd. M c. piT skin , ,
Ki'a-ioaabk' laininus of ■■ (iuicu ' diuinjr niuatliM of Dotoiier,
Novrail.i'i-, and Di'i-cidier llis7, and .lannan IHNS, liad
•*lu' li.'i-n ill owiivi"- possession, vi/., four months at "lOn
dollars (Mi(di ., ,, ,. . . , ,
l>ii'uaU-d lo?8 for si'idiiii; M'li'-on iif IbtiS, if *'ijrai;e" not in
possfssion of owiH'r on or ladore 1st I'tdiniarv, I8HH
Totil ..
(Signal)
(Signed)
1). OCoSNon, iS'iiidri/ I'libik.
.!. ll'.t = 1«,»UI •.(!
J, lint) nn
7,non un
i.'7,f<01 ill
U. WAKRKN.
lo2
Kxhibit (F,).— EsTiNtATK of the i)rinci[)nl miius on wliicli Interest at 7 per cent, per annum
is claimed, inn! the 'I'inie tor wliicli siieli Interest is so elainiud.
I)(p|. 0.
Valui' 111' the '• Graci'V " i-stinmtid (■.■itch ol' sc:!!." for 1S87, I'roiii ihe Ut
OctnlxT, .\.n. 18.S7, cm iir lifliiro uhicli diitc' tlii' Miiil ciilcli «n\ilii Ijiivc
been rralizoil mi. viz., 1,^1)1) skiiH 111 ^) (Inl. ;jli c. ])cr sliiii .. .. ■_':;, Km (in
C'ii»li i'.\|)cniloil lur li'i.'iil 1111(1 (ptliiT cspciisun (in accmiiit u{ such seizure up
to siiid (Into " ■'<"'""
Total principal on which inlcitsl is {•lainicd at 7 per rent, pcu'
nnnuni I'rc'in Ist October to ilntc of payment ,. .. 'J;;. II"' ml
(Signed) J. I). WAUllRN.
(Signed) I). O'CoN.soK, Ao(«; v Piihlic.
Kxhibit (F).— Vai.Ui; of the Articles of the "Grace's" Outfit which would have heen
whoilv, or ahiiosl wholly coiisiinied. on a full huntint; and Hsliini,' voyaue.
Oroct-rics , ,
Aniiniiiiition
Drv i;oo(ls , ,
.Ship cliaiHlh ry . .
.-^ult . . ' . .
Pr.nl . .
WaL-c . . .
Iii^MiMncc pri'iniuiiis
'tVt:il value con-sunicd •• •• .. ••
(Sitriied)
D. O'CoN.voi:, Snlarii t^iihlic.
noi. c.
!ii8 i:;
loi; i::'
•J7« 17
ir,l IS
l-.'7 .'id
'jni 11(1
•J, 111 I li.^
I,.'i35 no
.'■i.lin s.'.
.1. D. WAHRKN.
(Siiinedl
Memo.
if llie full claim for the .sea.son of 1887, as set out in E.vhiliit (D) he allowed,
then the amount ol this Kxhibit, .").410 do). 8") c, will |iio|)erly appear as i\ cicdit, and he
deducted from the total of Kxhibit (A) of which it forms a ))art.
Iiiclosiire '.) in No. 110.
Drrldriiliiin (if Jaiiii's Doiii/la.i IIV/w/i.
City of Oilawii, Province of Ontario, Dominion of (/'anada.
I, .JAMi;s DOLUiLAS WAURF.N of the city of \ictoiia, in the I'nivmce ol
Ihitish C'ohinihia of the Dominion of Canada, master mariner and ship-owner, do soU'tiinly
and sincerely declare as follows : —
1. 'lliat I am the duly authorized agent of 'I'homas H. Cooper, of the city of San
Francisco, in the S^tate of California, one of the Cniteil States of .Vmeiita, eiijiineer, by
power ol attoiucy heariiiif date the -ttli day of November, ad. I'^SfJ, the owner of tin;
hereinafter-mentioned steam-schooiier " .\mia Reck."'
2. That the siiid 'I'hoiiias II. Cooper is, as I am informed and viMily believe, a British
subject by birth, iind has never renounced his alleu'iance to the Sovereign of Great Hritaiii.
3. 1 hnl the said steam-scliooiier " Amiii Beck " is a British vessel since ,\.o. 1872,
when she was transferred by purchase from tin.' Registry of the port of San Fiancisci)
aforesaid to that of N'ictoiia aUnesaid, and has since remained on the Registry of the port
ofVictoiia. In 188;{ the ".Anna Beck" wtis rebuilt and raised, and in the winter of
1880-81 she was fitted tip with stcimi-propellor, and all the macbineiy and ap|iliaiices
necessary for such it purpose. The cost of stiid steam-power and lehtiildiiii; was over
8,000 dollars.
4. That a- :i;;eiit, a> aloresiiid. i,\' the said Thomas II, Cooper, I am tlsL' sole manasjer
of the said sleani-sehdoner " Anna Beck."
;'). That on the 2 1st Miiich, ,\.v. 18S7, the said "Anna lieck" sailed from Victoria,
havinti; |iievi(ii.:sly cleared lor that ptirposc, on a full season's hunlinu; and lishing voyage in
the North I'acific Ocean and Jiehring's Sea. On or about the 'jrilh day of May then next
following the " Amiii Beck" sailed from the west coast of X'ancouver Islanil for Behriny's
Sea. On and tor .said voyage to Behring's Sea the crew of "Anna Beck" consisted of
153
Lniiis Olscii, oCthc siiid city of V'iclorin, inustei-; Micliaul Kecfo, of I he -;imic pliicc, mate ;
iiiid t\vi'iity-(iiu' sailor.-i and liiiiiU i-, with inu- S(idiiij,'-I)()ul iiiul (;ii,dit ciiiiolv-, r,nd ii complete
oiitlit fur II lull voviin'c of luiiitiii^' mid tisliiiit; in nchrins^'s Sesi.
(i. Thai on or uhout tliu 'J'<th day of Juiiu, a.m. 1><S7, thv " Aiiii.i Ilccl; " entered the
Ik'hiing's Sea, and on the -nd day of .luly, a.d. l!*«7, while in said sea, in latitude 04" 58'
iioi'th and loii^^itiidc 107" 'J'i' west, then being about (l(i iniks fioin the nearest haul, and
lawfully en^a;ied in (he objects of said voya{;e, the '' Ainia Ik'ck" was seized bv the United
States' slcani-ship " IlielianI Rush," for alleged violation of the laws of the United States
rcspeelinic seal-fishing in the waters of Alaska.
7. Thai ;>' t'le linn? of said seizure the "Anna lieck " had on board 'S'A seal-skins,
lm)^t of which had lii'in taken by the "'Anna Meek" on her voyage up to the time of
entering -aid sea, and not, afterwards. After seizinc, the "Anna iieek " was, by the
authority of the Coinuianiier of the " Kichard Rush," taken to Illoolook Harbour, at
Ounalaska Island, in tile Unilcd Stales' Territory of Alaska, where (he said seal-skins were
taken out and slored on shore, and the ai'iiis and atnniunition transferred to flu; said
•' Hieliard llusli," eithi'r at sea or in said harbour. The master, mate, and crew of the
"Anna IJeek " were sent to Sitka, in said Territory of Alaska, on th(! Ainerieaii schooner
"Challenge." On their arrival at Silka afore-aid the master and mate of the ".Anna
Beck'' were taken before a Judge, and bound over to apjiear bet'ore said Judge on the 2Jnd
August then instant, foi' trial, on a charge of having violated the laws of the United States
respecting seal-lishing in (he waters of Alaska. The master and mate so a|)])earcd t'lr trial
on tlie '22iid day of August, A.n. If^^l, and thric after from day to dav until the iUh day of
Su|)teinber then next followii>g, when, wilhout having lu'en brought to trial on said
charge, or on any other eiiargc^ whali'ver, tlicy were uueonditiunally released.
8. 'J'hat hereto annexed, marked "(A)," is ,i statement showing the value ot' tiie said
steam-schooner "Anna Heck" at the time of her seizure as above set out, excepting only
what had been consumed in the ordinary course and prosecution of the said voyage ; also of
flic outfit, and value thereof, of the " ,\iiiia Beck" on said voyage; also of the amounts paid
l(ir in.-uiapcif premiums on the iuill, outfit, and cargo of the "Anna Ik'ck " on and during
said voyaije; also of the amount of waires paid to the crew and hunters for said voyau'c up
to the lime ul sai ! seizure; also of the lares and exjienses of the master and mate from
Sitka to \'ictoria, and of sixteen of the cnnv of' the " Anna Heck'' from Fort Simpson to
Victoria; and also of the number ami value of the seal-skins taken from the s-.ii 1 " Anna
Hecli " .dter such seizure at Ounalaska Island,
'J. The value? placed on the said steam-schooner "Anna Heck," namely, M,(M)(J dollars,
IS based upon her cost, the order and condition in which she was when seized, nnd the
v.ihie ot' similar vessels at Victoria aforesaid. As stated in (he |)reecdi:.g paragraph .'i ot
tiiis declaration, the ' Anna Heek " was filled with sti'imi pri)i)clling powei- in a.d. I ^->0-8],
and in i.iu li*^'-i was rebuilt and i.ii-ed at a total cost of over M.ODO dollars. \t the time
iif her seizure she was in tir-il-class order and coiuiition, having been thoroughly over-
hauled and refitted for said voyage, and the value claimed for her, namely. 8,0lHi dolhu's, is
a fair .md rea-onable value Ic ]■ her al the time ol her said seizure.
1(1. I he prices charged in ICxhibit (A) for, the articles, and gronjis of articles, c.iin-
prisiiig the outfit of the "Anna H;'ck " on said voyage are the market prices at Victoria
al'ijiesaid at the time of tiieir purchase for the use and purposes of s :ii(l voyage, and the
inice per skin charged for the seal-skins taken from the " .\nna Heck " when seized is the
iiiaiket iirice per skin onrreni at \'ietoria afore.-uid at tiie close of the season of 1837,
\v1k'1i, in the ordinary course ol events, the catch of the " Anna Heek " would have been
placed on saiil market.
li. That hereto annexed, mirked "(<'j," is a statement ol tiic legal and p.'rsonal
expeii-cs at Siika and elsewhere arising out of the seizure and detention of ih.' " .\niia
l)L'<k," file arrest of her masier and mate, and the claims arising therefrom.
I'J. That hereto annexed, marked "(D)," is a staleacnt of the cstiaiatcil loss and
liaiiiage to llie owner of the t;aid " Anna Heek," by reason of her seizure and detention as
aforesaid for the years a.d. ISS? and a.d. K'^s'>. The estimated catch of seals for the
se.ison of l>s7, namely, -V '•"'", is calculated upon an average catch per boat and |)er canoe
of 'i'lO seals, which is a lair and reasonable estimati' ol the probable catch per boat and
jur canoe for the boat and each of the canin:-. of the ^aid " Anna Hi^ek " during tlie season
uf I8S7.
1'!. .M'ler ihe close of tlie sealing season of ]8'S7, and during the following months
of Ocioiier, .November, and December, a.h. 1x^7, anil .lannary, a.d. L'SSS, hud the said
steam-Hchuoner " .Anna Heck" bceii in possession of her said owner, siie would have beea
engaged in the general coasting and freighting trade in and about the coasts of British
Coluinbia aforesaid, and ihe reasonable and nrobable earninu'S ol'lhe".\!iua Beck " tor
[]2»'\ X
154
said months of October, November, l)eccnit]ei, and Jnnunry, after deductinp from the
gross jinidunt thereof the cost of wnpes and runniiip; cxpcDses, would be !it least
500 dollin> ])C'r month for each of the snid iiiontiis.
14. Ill order that tlie "Anna Ikck " may he repaired and refitted in time to engage
in a full sciison's hunting and fisliing voyam; for A.n. 1888, it is necessary that she should
be in her owner's |)ossession at ^'i(•toria aforesaid on or about the Ist day of February,
A.D. 1H88. If not at that date at Victoria and in [)ossossion of her owner, it will be impossible
to put her in til. and proper condition to start out on s:iid voyage at or about the usual time,
whicii is on or about the 1st March in each year. During liic summer months there is
little for a vessel of the class and eijuipmcnt of the " Anna l?cck " to do in and about the
general coastinfj trade, and if not ciiga^^ed in hunting and fishing as aforesaid the season
would be practically lost. The claim of 6,000 dollars as proliabic loss and damage to the
owner of the " Anna Heck " if she is detained after the 1st February, a.d. 1888, is a fair
and reasonable estimate of his said loss by reason of such detention, for the seaison
of 1888.
1 .'). That hereto annexed, marked " (H)," is a statement of the principal sums on whicli
interest is claimed, the rate thereof, and the time from and to whicli it is so claimed. At the
time when the catch of the '' Anna Heck " for 1887 would have been realized, on or about
the 1st Octobei-, 1887, the minimum rate of interest on money for commercial purposes at
Victoria aforesaid was, has since continued to ' :, and now is, 7 per cent, per annum.
16. That hereto annexed, marked "(F)," is a statement of the articles of the outfit of
the said " Anna Beck," and the value thereof, as given in Exhibit (A), whicli would have
been wholly or almost wholly consumed during the course and prosecution of a full
hunting and fishing voyage in the Hehriiig's Sea.
And I, James Douglas Warren aforesaid, make this solemn declaration, conscien-
tiously believing the same to be true, and by virtue of the " Act respecting Extra-judicial
Oaths."
(Signed) J. D. WARREN.
Declared and affirmed before me at the city of Ottawa, in the County of Carleton and
Province of Ontario, this 9th day of Decenihcr, a.d. 1887, and certified under my officiiil
seal.
(Signed) D. O'CoNNOii, Notary Public for Ontario.
Exhibit (A).
Vnlue of etenni-Bchooner " Anna Ik'ck " at time of nciiure liy
tlnited States' Btcam-sliip " iticliard Hush" on Slid July,
A.D, 1887 ..
Value of " Anna Beck's " outfit —
GrocorieB . . . , . ,
Ammunition
Dry goods , ,
Four iron tanks
Casks
Ship cliandlt'ry
Four No. 10 shot guns
Two rifles . , . . . . . . , . , .
Gun implements and tools
One seuliiig-boat and outfit
Eight eanoes and outfit
8 tons Malt . .
2.'> tons eoal. . , . . . . . . . . .
Cooking range and utensils . . . . .
Insurancu —
Premium on 1,100/. on hull (118/. 1». Irf.)
2,000/. on outfit (105/. 13». 4(/.)
Wages paid crew and hunters up to time of seilure « •
Pahsage and expenses of captain and mate fiom Sitka, and sixteen
of the erew of the " Anna Beck " from Fort 8im|)son to
Victoria
334 seal-skins on board the " Anna Beck " at time of seiiurc, at
& dol. 50 c. per skin . . . .
Total, Exhibit (A)
(Signed)
D. O'Connor, Notary Public.
Dol
87C <2
212 GO
95 ',«
82 00
10 00
240 06
leO 00
45 00
00
140 50
■i.oe 00
100 00
176 00
75 00
.574 98
514 59
Dol. c.
8,000 00
2,727 34
1,089 57
1,111 5U
460 64
1,837 00
15,225 95
J. D. WARREN.
(Siijned)
Exhibit (C).
Dol. c.
I.nunl cxpcn"!-* nt Sitki in cnnncriioM >vitli tlit: sii/.uiv' of tlic "AnnnBcck". 100 00
Comi-il mill iitliiT liuiil l»!fn nnil I'xpeii't" ii; iiml iil'out the claimt iirisinu'
IriHii -iiiil ^C'i« 111 ., .. .. .. .. .. 750 00
rcrsniuil i'X|)onHOH nt' tlic uwiier in coiitM'cliiiii witli i^uid scimru urid rtuiins . , *Jj0 00
Totiil
('Sipnod)
(Signed)
I). O'CoNNOU, Ao<an/ Piihlic.
.. MOO 00
J. i). WARREN.
Kxhil)it (I)). — Damages arisins? from tha Seizure and Detention of tiic "Anna Beck"
(luriiiii; the sL'usDU 18H7, biised upon lier reasonable and probable Catcli of Seals for
that huason.
l)ol. C.
Kutimiited r Itch .. ,. ,. .. ., 3,150
I.cMi HktiiK uu lioiirU when KL'iied ,, .. ,. ., 33'(
Balance at 5 dol. 50 c. per skin ,. ..
I,OM to owniT of " Anna H' '-k " by reason of her deteiKion after
tlie close of the senlinn se;isoii of 1HK7, nainol .-. fir tlw
iiioiithsof October, Novumher, and Ducii'inlxT, a. i». i''.s7, iiiul
January 188H, durinj; which time the " Anna Hick," if in
owner's possession, wmdd hiive been enf;;i;;ed in e'.,"<iinj»
trade: four months ut 50ii doll irs ..
If own'-r not juit in jxiHsession of '* Anna Iteok" on or l)efore Ist
I'V. bru;iry, a. l). 1888, --i) that she may lie ]int in o.der iitii rnn-
dition to en::a:;e in ti^ihin;.; and liuntiiig voyjig.) for 1HH8,
reasonable and probable profit for the seaaon of 1888
(Signed)
2,810 = 15.488 00
2,000 00
fl.ooo no
J. D. WARREN.
(Signed)
D. O'CONNOK, Notary Public.
Exhibit (R). — Rstim.vtk of the Principal Sums on wliicli Interest, at 7 per cent, per
aniniin, is ci.iiuiL'd, and tlioTinie for which said Interest is so claimed.
Value of " .Anna Beck's" otimated catch of seals f.ir 1887. about which
date said cateh would have been realized on, namely, i),15ii seal-skins
at 5 iliil. .'lO e.
(Jutlay for Icyal and other uxpeuscs prior to 1st October, 1887 . .
Totnl principal on which interest at 7 per cent, per nnniini is
claimed from Ist October, 1887. to date of payment . .
Dol.
17,325 00
500 54
(Sii,'ned)
(Sitrned)
D. O'Connor, Notari/ Public.
17.S85 54
J. D. WARREN.
Exhibit (F). — Articles of the "Anna Beck's " Outfit, and Value thereof, as found in
Kxliibit (A), whicli would have been wholly, or aliiiust wholly, consumed on said
Voyage iiad it not been broken up.
Dol. c.
(iroccnes .. .. ., .. .. .. .. 876 42
Ammunition .. .. .. .. .. .. .. 242 tiO
Dry t;<io<l8 . . , . . . , . . . , , . . 05 70
H'.iip cbuudlery . . , . . . . . . . , . . . 210 OB
8 tons salt .. .. .. .. .. .. .. 120 00
25 tons coal .. .. .. .. .. .. ,. 175 00
Insurance .. .. .. .. .. ,, .. 1,089 57
\Va|5e«.. .. .. .. ., .. .. .. 1,111 50
(Signed)
Total value consumed .. .. ..
(Signed)
I). O'Connor, Notary Public.
3,950 91
•i. D. WARREN.
Memo.
If the full claim tor the sealing season of 1887, as set out in Exhibit (D), be
allowed, then the amount of this Exhibit, 3,950 dol. 91 c, will properly appear as a credit,
aud be deducted from the total of Exhibit (A), of which It forms part.
[128] X 2
106
Inclosurc 10 m No. 'JO.
Dcelnrai'inn nf Jumcs Dom/las W/irifii.
City of Ottn\\;i, Province of Ontario, Dominion of Ciiimdu.
I, JAMKS DOrCF.AS \VAlt!!l-:N, oftlic city of Victoria, in tlic I'rovincr ol liritisli
Coluniliiii of the DoKiinion of ('iiiui(lii, muster iniiriiicr luiil slii|)-<)\vni'r, do ■.oKMnnly iiiiij
sincerely (keliire ns fullows : —
1. 'I'liat I am liie duly antliorizcd atceiit of 'I'liotnah II. Cooper, of tlie cily of Sim
Francisco, in the S(at(,' ol Culifornia. one of tiie United States of America, t!ie owiiei- oftlio
hercinafter-iMei;tioncd steain-seho'mer " J)oli)hin,'' liy |)i)\vcr of iiltoriicy hearing' d.ite Ihu
4tii day ot Xovcmber, .\.u. ISsd,
2. That tiie said Tlioinas IJ. C-'ooper is, i.i I am iufornud and do verdy believe, a
Hritisli sidiject hy hiith, and never havinj; renounced liis alle;<iance to the Soveri'ign of
Great Uritain.
3. That tiio said stcam-scliooner "Dolphin" is a British vessel, built at Victoria afore-
said in A.D. 1SS2, and duly registered at the port of Victoria id"oresai(i. By hiiildc r's measure-
ment the "Dolpliiii" is 171 tons burden. Slio was substantially built, co|>|i(ied to above
light \vater-line, and copjier-faslened when built, and bad not u|) to the lime of her seizure
hereinafter set out sustained any danintrc or strain beyond nnlinary wear and li ;ir. Her
steam-power consists of one lartje steel boiler, put in durini; the winter of ISSI-S."), corn-
pound engines and all the necessary fittings, inchiilin'^' inside surface condenser, and also
steam fire-])umps and hose, and a double steam carijo winch.
4. The said steam-schooner " Dolphin " was didy licensed as a passen;,'cr-boat, and
had all the ap[)liances and conveniences reipiired by Canadian laws for such vessels.
5. That as such agent as aforesaid, I am the sole manager of tlie steam-sthooiuT
" Dolphin " for the said Thomas II. Coupcr.
6. That on the Kith day of May, A.D. 1887, havinj; previously cleared at the port of
Victoria for that jiurpose, the said "Dol|)hin" sailed from Victoria on and for a full
season's hunting and tisbinj; voyage in the North Pacific Ocean and ludiriiig's Sea, and nn
and for said voyage the crew of the " JJolphin " consisted of myself as maslei', John Ilcilly
mate, and crew of tbirty-ono sailors and bunteis.
7. That on the Gth day of July, A.d. 18s7, the " Doli)hin " entered the said I'ehring's
Sea throtigb the Amoughta Puss, commonly called the " 17-nd Pa-s," having then on
board .'J9l> seals, taken while on the voyage up through the North I'acilic (Jecaii from
Victoria aforesaid to Amoughta Pass aforesaid.
S. On the 0th day of said month of ,fuly the "Dolphin"' began catcluui; seals in
Behring's Sea, then being in north latitude ."i 4° lb', and we.-.t longitude ItJH" -10', and Irniii
said 0th day of .luly until the at'tenioon of the I'Jth day ot said month of .lulv tlir
" Dolphin '' caught twenty-eight seals in said Hehring's .Sea.
2. That on the afternoon of the llitli day of .July, A.ii. 1887, the United Sfate.V
steam-sliij) "Richard Rush" seized the said steam-sehooner " l)ol[;hin "' while lawfully
pursuing the objects of said voyage, and then being in north latitude .Vl' J'lS', and west
longitude I (i'" 3', and about i'J. nnles Irom OunalasUa Island, the luare^t land, I'or an
alleged violation of the laws of the United States rcspeetin-.; seal-fishing in the waters
of Alaska. That wlien said soizme was made tbr^ " Dcdphiii" was lawlullv pursuing tin;
objects of said voyage. When the Commander of the said "Richard Rush" made tin'
said seizure he told nu; that his iu'^tnintions were to seize; everything he found in the sea,
or words to that effect.
10. After seizure all the linarms and auununition on board the " Dolphin " weio
taken on board the said " Richard Rush," a Lieutenant from the latter placed on hoard
the " Dolphin," under whose command the " Dolphin " was taken to the Illoolook ilarbou;
at Ounalasku Islanc', in the United States' Territory of Alasiia. After arrival there the
618 seal-skins on bo^rd the •• Dolphin" were, by order of the United States' iuithorities
thereat, taken out and stored. About 2, (>(l() lbs. of salt were also taken out, for i-esalting tlu'
seal-skins. On the 20tii day of said .Inly the " Diil])hin " ^..Wci] from Illoolook I larhour nn
Ounala-ka Island l(;r Sitka, in the said Tci'iitory of .\laska, where she arrived on the
31st day of said niiiith ot July.
11. On arrival at Sitka the "l)ol))hin" was taken charge of hy United Stales'
Marshal Atkins, of the said Territory of Alaska. As masler ol the " Dolphin " 1. with the
mate, the said John Redly, were, on the I Gib day of August then next following, taken
before a Judge and bound over to apjjcar tor trial on the 'i2iid day of .\ugust, a.d. 1887,
on a charge then read over to us of having violated the bev of the United States of
u
piiee pej
seiz((l
close
not sue
I
at SitI
■••|)<,1|
1
daiiiau
.\.i). 1>
per sea
vnyau
hunters
calcul
verily
rea^oiia
Mehrin
hoth to
the or(
season,
a sinuk
i;
Octobc
possess
and l'r(
reason;
cost of
If
4,.V)()
outlit,
"Dolp
18SS,
Pehruiil
IS?
m
■''?
(j| Hi'itiHli
(.iiiiily iiiid
ilv of Sun
iVMor ol the
•: (l,iti; llu'
lic'lifvi', a
Dvi'ri'l;,^!) 1)1
■ M'i;'. lifivx-
s infiisurc-
(I to above
lur seizure
ttar. Her
S l-H."), coiiv
CI-, iind also
('[■-boat, anil
,cls.
iin-scliooiicr
t tile port of
1 Cor a iiill
Sea, and on
I, John Ucilly
said Hfliiiiv/^
^•iim then on
(Jccaii from
Hiiiil; seals iii
-10', nnd (roiii
of July the fM
Jnitcd States'
while lawhilly
;'>8', and west
t land, for an
in the waters
pnrsuinL; the
;h " made the
md in the sea,
lolphia " wi'ic
aci'd on hoard
olook Harbour
rival there the
:es' aothorities
IV resaltinL'; thi
)k Harbour on
irrivcd on the
United States'
n" 1. with the
jllowiiig, taken
ust, A.D. lf^S7,
iitrd States of
Anirricn resiicctiiifj; s(nl-fi«liin',' in tlio waters of Alaska. We so appeared on tlie 2'_'iid day
ot Aii^'usl for trial, and from day to day thereafter, lor our trial on said (diari,'e. We so
iippeared thereafter tor trial day after (lay imtil the iltli day of Septendier following', when,
witliont any trial on said chnr^'e or any other charfie whatever, we were nneonditionally
released. I'Voin our arrival at Sitka on the .'Jlst .July until the Kith day of Au!;ust
following,', when we were taken before the .ludfjc, no effort was made to restrain us r,r in
any way deprive us of liberty. The crew of tlii! "Dolphin" lived on hoard her all the
time of their slay at Sitka, .and when leavinir to return to Vietoria by the United States'
Kteatn-ship " Hieliard Kush " took Ironi the "Dolphin" suHieient ])rovisionB and supplies
for till' trip.
11'. That thieto annexed, marked " (,\)," is a statement of the value of the Btcati-
scliooiicr " Dolphin " at tlu! time of her said seizure; also of the articles, and groups of
articles, eomprisinc her outfit on and for said voyiii^e, all of which, exceptini; only what
liiid been consumed in the prose(aition of the voya'.;e, were on hoard at seizure, as well as
eonsi(l(rabIc extra supplies and stores not mentioned in Kvhibit (A) ; also of the amount
of preiniiinis jiaid for insurance on the hull, car^o, and outlit of the " Dolphin" for and
duiiiv,' said voyai;e ; .also of the nniount of wajjes paid lo the crew and hunters of the
"Dolphin " on said voyage up to the lime of Iiir seizure, and of the expenses of the master
and male in returnini^ to Victoria from Silk.i; .ind also of the number and value of the
M al-skins taken from the " Dolphin " when sci/ed.
I.H. 'flu; value placed on the said sleiun-sehooner " Dolphin " in I'-xhibit (A), namely,
12,(1(1(1 (liillars, is Inised upon iier original eo-t, the condition which >lie was in when
seized, and the value of vessels of her class and eipiipnient at Vietoria aforesaid. The
first cost of the " Dolphin " was over 10,()()0 dollars. At the time of her seizure she was
in first-class order and condilion, havini; been specially repaiied and refitted for Iho
voynije she thi'ii was on. Her insurance vidiic for 18s<7 was r.i,.")()l) dollars, and she was
iii>ured on and diirini; said voy.i^e f'or 12,000/. The said value, n.imely, Iii, ()()() dollars, is
a fair and reasonable value for the " Dolphin" when seized.
It. '.'he prices chari;cd for the article-, and i;roups of articles, in Exhibit (A), com-
|irisiii^' the uitfit of the '' Dolphin," .are the actual cost prices of the said articles, and groups
of articles, at the time of their puIelKl^e at N'ietorla (iir the purposes of said voyage. The
jirice ]ier skill chari^cd in Exhibit (A) for the seal-skins on board the '• Oidphin " when
seized, naiuclv, o dol. .If) c. per skin, was ihc market price at \'ictoria aforesaid at the
close (d' the sealinp; season of 18l<7, and at which time the said seal-skins would have, had
not such seizure taken place, been put upon the \'ictoria market.
lo. That hereto annexed, marked " ((')," is a statement of the legal e.xpcnses incurred
at Sitka and elsewhere, and also of personal "xpenses arising out of the seizure of the
'• llii||ibin," the arrest of the masler and mate, and the claims relating; tliereto.
Id. That l']\hibit (D), hereto annexed, is a statement of the estimated loss and
ilainaire to the owner ol tlie "Dolphin" by reason of her seizure and detention during
A.i). l'-s(7. The loss for l.**S7 is based upon a catch of 4,;)00 seals at the current price
per >eal-skin at Victoria at the close of the season of IfS*. The "]Jolphiu," on her
voyau'e, carried thiiteen canoes and two sealing-hoats, and a crew of thirty-one sailors and
hunters. The estimated eateli of ■l,.'')0o seals by the "Dolphin" for said season is
calculated on an averai^e catch of .'JOO seals per boat and canoe for a full season ; and I
verily believe that said average e.itcli per boat and per canoe for said season is a fair and
reasonable estimate lor a full season's work, Dtiriiiij tin; time the ■' Dolphin " was in
Helirini;'s Sea, bcl'ore capture, the weather was wrv unfavourable for seal-hunting, being
linlh loirgy and windy, and the catch for that period is no siimdard by which to judge of
the ordinary and average catch ot' the season. There arc fri'ipieiitly, all through the
season, days at a time when no seals at all are taken, and, on the contrary, I have known
a single boat to take from thirty to filly seals per day in tine weatlier.
17. After the close of the scaling season, and during the succeeding months of
October, November, Deceinhei, and .January, had the "Dolphin" been in her owner's
possession, she would have been engaged in the coasting trade between the various ports
au'l freighting placc>. on ilie coasts of Hritir-h ("'olumbia. During .said months the fair and
rcasnnabl(> earnings ot' the '' Dolphin," alter deduct iii'4 from the gro>s amount thereof the
cost ol'waucs and runninLj expensis, would be at least .'lOO dollars per month.
18, The estimated loss lor the season of 1>SS is based upon the said average catch of
Ij.Vll) scal-skins at the rate of .'j^ didlars per skin, alter deducting therefroin the cost of
outfit, wages, and other necessary expenses of a hunting and lishiii!;' vo\age based on the
" Dolphin's " voyage of A.l). 1887. In order to fit up the '• Doliihin" for such voyage in
18S8, it is necessary that she be in her owner's possession on or before the 1st day of
Teliruary of that year. If not at Victoria aforesaid about that date, it will he impossible
1/58
to put licv ill order and condition to leave on such a voya;;u at the usual tiiiio, namely,
about the 1st .Miircli. Dininj( llu; suinuicr months tlierc is lilllo or no C()astin^ trade for
H vesst'l ol' the class and c(|iii|)uient oC the " Dol|)liiii," and unless she can he sent out on a
rcfiular Cull seas in of liuiitini; and (ishing, her owner will practically lose the ])rotits of the
season. Ann 1 verilv hclicve that 7,000 dollars is a lair and reasonable- estiniato of the
eaiiiinirs of the '■ Dolphin ' on such a lull season's huntiiii,' and li>liini; voyage.
1!). 'I'liat lici'cto anncxci, marked " (1'-)," is a statement of the principal sums on which
interest at 7 per cent, per ann im is elaimecl, and the time for whicii it is so claimed. At
till' time wl.<'n the catch of the " Dolphin " for the season of 188" would, in the ordinary
course of events, have been realized on, namely, on or about the 1st October 'if that year,
the minimum rate of interest on money tor comnierjial pur|ioses at Victoria nforesaid was,
has continued to be, and now is, 7 per cent, jier ai num.
t-'O. That liereio aiuiexcd, marked "(F)," is a ■itatemeiit showing the various articles,
and groups ol articles, comprised in the outfit of the " Dolphin," and the value thereof, as
given in I'xiiibir, (A), which would have been wholl,- or almost wholly consumed on a
full season's huntinsr and (ishing voyage, such as that contemplated by the " Dolphin " in
1887.
And I, .lames Douglas Warren atbrcsaid, make this suleu'.n declaration, uonscien-
tiously believing the same to be true, and by virtue of the " Act respecting I-xtra-judicial
Oaths."
(Signed) J. D. WARREN.
Declared and affirined before ine at the city of Ottawa, in the County of Carleton, in
the Province of Ontario, this !)th day of December, A.i). 1K87, and certified under my
official seal.
(Signed) D. O'Connor, Nolari/ Public for OiUnrio,
I I
■.a
Ex\
Exhibit (A).
" at the time of her sciiuro.
V:iluc of stenm-folionncr '• Dolphin
Outlll—
Oroccrien . .
Ainiiiuiiiiiou
Dry (^ooiJh.,
Two iron watcr-tiiiiks
\V;itt'r-c I'-ks
Htiip eliiiiulclry
'i'weniv-thicf; shot guns
Foui- litifK .
One limib-gun for sigrmllin;; . ,
Gun iiiiploiiicnts nml took .,
'I'iiiitL'en cannfs ami outfit
dnf Br-(H)ii(i-h:in<l boat
On? nfw lijiit (rotuint'd).
'.) tons salt. .
41 (oim ooiil . .
Cooking' rau^c pud utensilii ,,
Iiisinaiic'e —
I'nmiiim on 2,000/, iniumnoe on hull .. .. .,
I'li'iniinii on 2,000/. insurance on outfit and cargo
\V,iij;os paid tTcw and '.unters on voyage np to date of seizure , ,
l''ai'("> and ojtpi'iiscs of niastor and ninto. and live of crcn-, frr
Vjcloria, H. f.
018 Hful-skins on hoard " Dolphin " when seiied, at 6 dol. .'jO r., j
(Signed)
'I'otal, Exhibit (A)
(Signed)
1). O'Connor, Notary Public.
Dol. c.
Dol.
e.
12,000
00
98i GO
210 22
220 30
25 00
65 00
i62 03
U20 00
90 00
00 (10
111 50
7U 00
75 00
136 00
i«7 00
75 00
1,190
73
H21 -to
514 61)
1,335
90
, ,
1,899
50
iitkii to
, ,
3(K>
00
nkiii ..
3,390
00
23,125
22
#
J. D. WAKREN.
Exhibit
Memo.
If til
then 111,
deducted
159
Exhibit (C).
Lppiil cxpui^is nt Sitka in conTurtioii witli the stizurc and dctentiitri of
llic *' Dolphin." nnd nrrcst of mastor niid mate
«r*n»nsnl iiiul otlu r Iciziil IVrs iiii'l cxpcn.-cs in and about the .•< iKti'P ol" tl
" I1(t'j)hiii,"' :nn! iIm' ( laiiri in^in^ ihtTcfrom ,,
r{r>-nn:il cxpcii^os of ihi- owiii r in tiic same connection, ,
'I'nlai
(Sigiicfij
Dol.
c.
of
100
00
7i)0
on
■.;.5i)
(III
.
l.iOII
00
J.
D. WARRKN.
(Signed)
U. (J'('oNNOU, Notary Public
Exiiiliil (U). — l'"sTi.M.\Ti;i) I,(i>s 1111(1 n;iiii.i!.;(- to the owner oftlie "Dolphin" liy reason of
iicr Seizure and Detention during A.D. 1887.
Ill ii~ci>i:il)lf and prolmblc catch of i^cnl-skins for season 18S"
I (>.« uuiulier on board when seized .. «.
Ila1:incc. at S dol. SO c. per skin
■J,'>00
<il6
3,H82
Hrafioniihli carniiiKH nl tlic "Dolpliin" durinc the months of Ootobcr,
Niivi'iiihi r, uiid Decciulxr A.D. 1S87, and .lamiary A.D. Iii88, had
Aw lic'cn in owner s po>st.s»ioii. vit., four month", at ."iOO doll.irn per
nmi'tli
Kutima'i'd Invn (or sciilinir 'i a«oii of 1SK8, if " Dolphin" not in posucs-
«iun I'f oMMcr on m b'lorc th« Nt February, 1888 ,. .,
Tc.lal
(.Signed)
(Signed) 1). (yi'cisvan. Notary Public.
Uol. c.
= ■ll,:\al on
2,000 on
7,000 00
.■iO.IJ.il oil
J. D. WARREN.
Exhibit (E). — Estimatk of tlicPrincijial Sums on wlii(>li Interest at 7 percent, per annum
is olninied, and tiic time for whicli it is so claimed.
Value of tlif entima* d catch of the " Polpliin " for the ..-cn'.on of 1887,
from the Is' Octocer, 1887, about which time the said catch would
l..,vc 1m en realized on. viz., 1,.')0U H'.al-skin.-, at 5 dul. 50 c.
Cash Mienditure for U'jial and other expenses on accoiuit of said niiiire
priir to th. Ut October, 1887
Total princijial on which interest at 7 jwr cent. p<'r annum is claimed from
the ; jt OcU)hcr, 1887, to date of pujiucnt of cluini . . . . 25,160 00
Do!, e.
21.750 00
400 on
(Signed)
J. D. WARREN.
(Signed)
D. O'Connor, Notary Public.
Exliiliit (F). — Vam-k of tile Articles of the " Dolphin's " Outfit wliicli would iiave iK'cn
^^ holly or aiino.'.t wholly consumed on n lull hunting untl sealing voyage.
(iroceries
Aiiimuaition , .
Dry gciodn
Ship chandlery . ,
^ilt . .
Con) ..
\Va(j!i'« . . , ,
Insurance prcrainins
Tot:d value consumed
(Signed)
(Signed)
D. t)'CoNNon, Notary Public.
Dol.
c.
;i8,')
fift
210
■21
22'J
■M
202
O,^
IRS
on
2s7
00
1 ,80:1
50
1,S35
99
.. 5,;i7t 72
J. D. WARBEiN.
Memo.
Il the lull cl.uni lor trio sci.liiit; season of 1887, as set out in Exliiliit (D), \ i' allowed,
then till' uniouiil of thJH Exhihit, !>,'\''i dol. 72 c., will properly apjiear as a creiiil, and tic
licducted from the total of Exhibit (A), of which it forms a part.
HiO
incldsiirc ! I in Nd. 'M).
Derliiidlinii of .Ui:iHs Douijliis IVarrni,
City of Ottawa, Pioviuce oi Oiitaiin, IJoniinion of Caiuidu.
I, JAMKS l){)r(;LAS WA1U<1:N. of tlu' city of \'ift,oii,i, in tin.' Province of Ri-itish
nolunibia ol the Diniiininn of Ciiniida, ninslcr iiiariner and sliip-owiu'i', <lo soloninly anil
sincerely doclai'c as t'olliuvs : —
1. I am the duly authorized agciil, uuuer power ol' attomey lieiiriiiL; dale the I^.'iril
day of November, A.n. I8S7, in this behalf of the tirni of (inlm.m and iM-iink, of the city
of Vietori; aforesaid, merciiant^, tlu! said (jutniau bcinijown r of the lieieinafter-mentiont'd
schooner " Alfred Adams," and his partner, the .said iMunii, being e(]ually interested
witli Gntman in the results of the sealing voyage; hereinafter referred to.
'2. 'I'he said seboouer "Alfred Adams" is a 15ritish \essel of (iO'l tons, registered at
Victoria aforesaid.
3. 'I'liat on or about the last of .May, or early in .)une. a.d. 1)SS7, the .'<ai(i
Ecbooner " Alfred Adams" sailed tVom the port of X'ietoiia aforesaid, on a full buntiuLr
and sealing voyage in the North J'aeilie (Jeean and ]$ehrin^'s Sea. On or I'or said voya'."'
the crew of the " Alfred Adams " consisted of Wdliam II. l)\cv, master, u mate, ami crew :
twcnty-ibur sailors and buntcr.s, and tally eiiuijiiied and provisioned.
4. That on the lOtli day of July, A.n. \x><7, the "Alfred Adams" entered
Bebring's Sea, and continued therein until the (itli day of August following, when, in
north, latitude 54^ 4 S', and west longitude K!"" '10', then being about (!_' miles from
Ounalaska Jsland, the nearest, land, and lawfully, as I verily believe, pursuing the oljjeetsot
the said voyage, the " All'rcd Adams" was seizeil by the I'nited Stales' steam-ship
" Kiebard lUish " tor alleged violation of the laws u[ the United States respeetinu' seal-
fisliin'.: in the watcis ot' Alaska.
^). 'i'liat immediately after such sci/ure the Commander of the "Richard Kush "
ordered the seal-skins then on board the "Alfred Adams," and all the tiriarnis and
ainnmnition, and Indian spears on board, to be taken out, and said seal-skins to the number
of 1,3^0, and the tireaniis, ammunition, and spears, were taken from the said sehouner
"Alfred Adams," andconveyid to the said IJinted States' steam-sbij) " Riehard Ru.-.h."
The ship's p.ipers of the " Alfred .Adams " were also taken from her by the C.'oninKuuk'i
of the " Ricliard Rush, ' and, as 1 verily believe, the master and mate of the ".Mlrid
Adams" placed under airest, though not aetually imprisoned.
(j. Hereto annexed, marked " (:\)," is a stuti'inent ot articles and value thereof, as
claimed by the said (nitmaii and Fraidi, winch wire so taken liy the ".\hri-d Adams."
7. That heielo amiexed, marked " (H)," is un estimate of the loss claimed by the .^aid
Gutman and Frank, as n^sultiiisj to them bv reason of the Sii/.urc of the " Alfred Adams,"
penses incurred by reason of said seizure
lerein set out, and ol' the lei^al and personal ex
anc
1 the claims arising therefrom. 'J'he price per skin charged for tlu; estimated catch nl
the "Alfred Ada
for a full season, naniely, ij dol. .00 e. per skin, was the current
market price per skin at Victoria at the close of 'che sealing season of lsS7. The catol
of the " Alfred A(
lor saiil Mason is estimated t
rom an average cateh per canoe ot
350 seals, the " Alfred Adams '' having on siiid voyage ten canoes.
8. That hereto amiexed, marked " (V.)," is a statement of the principal sums on wliieii
interest at 7 jier cent, per aiiiui! i i^ ekumed, tiii"; rate pci' cent., an<l Mie time from and to
ieli it is 80 claimed. At the time when the catch of the
AlfrMl A(
for
season ol 18S7 would have been, in the ordinary course of events, redi/.ed oi
I, namel
or abou
conmie
t the 1st October, a.u. IfSH", the minimum rate of inteie-t on moiie
lor
rcial
purpi
scs lit Victoria aforesaid was
And i. Ji
ime-
1)
7 per cent, per amiun
oui;
Warren al'oresaid, mala" th
sol' mil (le(
ion, coil-
scienliou^lv
be I
ievinu the same to bo true
,d i
jv \iilue of till
lar.it
Act resnceliii
Extrajudicial Oaths.
(Signed;
,J. I). WAi;
..\.
Declared and allirmtd before me at the city of Ottawa, in tlie County oi Carleton ami
Province ot Onttaio, this '.dh day oi DecemhcT, a.d. lf;.S7, .'iiid eerlilied under my oltieial
seal,
(Signed) 1). O'C'j.'-Nnit, A'ntarii I'uhlicJ'ni Ontario.
Exhibit (
"Ai
Sea,
•ixhibit (I
lien
I'l'I'S
Exhibit (K)
Valui
TdUll
GtyofOttJ
I, JA J
(-'olinnbia if
sincerelv del
l.TIi/
a.'ilh day oil
owner, and
'2. ThJ
of Shi„i(j.|,.J
'1. Thif
cleared at t|
tlie Xoith
[12]
7iS^
161
F,xhil)it (A),— Statkmkkt of llie Aiticlus, and tlie Value tlicreof, taken from tlic Schooner
" AllVcd Atliiiiis " l)y llic Dnitcd ^tiitts' Stcaiii-slu'i) " Kicluird Riisli," in Behring's
Sua, thu (itii August, 1867.
1,385 sonl-iikinH, u'. 5 I'.dl. .'JCi c. pi r hkiii . .
Fdur kc(;s of ]in"-(ler :it Id il"l'ar.s
SOIIflii-lls ..
'riirtf (MM's caps find jiriiiifis ,.
Nine liU'ccli-loiKiiir.; . '•hot ^uiis ,, ,, ,. ,,
Oiii' Wiiiclu^Ur lille .. .. .. .. ,.
'rvvfl'.c Iinii:in Hpi'ar!- . .
Toial value taken ,. ..
(Signed)
(Sitjufd)
D. O'C'oNNOU, Xolarij Public.
Dol
c.
7,023
110
40
00
60
00
60
00
450
uo
25
00
48
00
«,'106
00
J. D.
WARFCEN.
Kxhibit (B). — Loss to tlic (Jwmr of the "Alfred Adams" by reason of her being forced
to leave Mehring's Sea, and return to Victoria, British Columbia.
Kcaiinniil)lo nnd prolmlile ralcli of suals liy the "Alfrdi Ailains " fur
till' sciusoii of ISH" .. .. ' ,. .. .. 3,500
lies'! iiunilicr on bnaiil when seized, ami cliai'u;i'il in ENliiliit ( \) . . l,HHf>
lh,\.
lialaiici', at 5 ilol, 50 <•. per i^kia
.. 2,114 - ll,ti27 00
Dol. c.
Lc;;al oxpcnsrs in coritu rtion witii tin- claiiiiH arising from said seizure 300 00
rcrsoiial I ipcusis in llic aaino eonmrtion ,. ,. .. 200 00
500 00
Total
(Signed)
(Si{,'ncd) D. O'Connor, Xotanj Public.
.. 12,127 00
J. V. WARREN.
Exhibit (E). — Principal Sum on whicb Interest at 7 per cent, per annum is claimed, and
the Tiiiie for whicii it is so claimed.
Valun of llie probalilo oati'li of the "Alfred Adams" for fea^^on of 1887, from
the Ist Oetolier, 1887, on or about which date said caich would have been
ri-alizi'i) on, viz., 3,500 8oal-skins, at 5 dol. 60 c. .. .. ..
Total HUTU on whieh interest at 7 per cent, per uunum i» claimt'd, from the
Ist October, 1887, until tiir.t of pa3'mi'nt ,. ,. .. .,
(Signed)
(Signed)
1). O'Connor, Xolary Public.
Dol. c.
19,250 00
ia,250 00
J. D. WARREN.
Inclosure 12 in No. DO.
Declaration nf James Douglas Warren.
City of Ottawa, Province of Ontario, Dominion of Canada.
I, JAMES l)OL'(iliAS WARUEN, of the city of Vietorm, in tlu; Province of British
Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and
sincerely declare as follows : —
1. That 1 iim the duly authorized agent, under power of attorney bearing date the
2r>th (lay .if November, ad. iS87, of .fames .J. Gray, of the said city of Victoria, ship-
owner, and owner of the hereinalter-meiitioncd schoonir "Ada."
2. 'I'liat ilie said scliooiicr " Ada" is a British vessel of (iJ tons, reij;istereil at ttic port
ot SlmnKbae, and was, at the lime ol her seizure hereinafter set out, ;') years old.
3. That on or about the 16th day ot .lune, A.i). It^-i?, the said schooner "Ada"
cleared at the port of Victoria aforesaid, on and for a full hunting and tisliiiig voyage in
the North Pacific Ocean and Uchriug » Sea. For said voyage th»- crew of the " Ada "
[128J ■ V
1112
consistod ot' .liimps GaufHn, mnstor, a iimtc, iiiid twpnty sailors and hiintors, with two
s("nlin'j;-l)()nts and scvrn ranops, and fully ciiniiiiu'd and provisioned Cor snuli v(>ya;;(\
i. 'I'lic "Ada" cntcrci! Hcliriiiii's" Sea o ■ aiioiit the Kltli day ol .Inly.' A.ii. I8N7,
and connmicil tlicivin laulully iiui'-^uin;,' llic oojccts ol' licr voyage nnlil llic 2.')tlMlay ol
Auiiiist then next lollowinL', wliuii, wliilc -^o lawinlly pursniiiir tlip ohjpcts of licr voyas^t; in
said sea about lo miles nortliward Ironi Onnalaska Island, wliicli said island was the
nearest land, (ho said sehocner was seized iiy the IJinled States' sti'aui-shi|) " liear," and
taken to llloolook Harbour at said Ounalaska Island, in the United States' Territory ot
Alaska, ar.d her voyaire completely broken up.
.0. At the time of said seizure the "Ada" had on lio.u-d 1,876 seul-skins, wiiicii
upon arrival at llloolook llarliour aforesaid were taken from on hoard the "Ada" and
stored on shore, after whieh, by order ol the United States' authoritie>, the " Ada" was
taktn to Sitka, in said Turrilory of Alavka, toj,fethei- with the master. lu.ile, and crew.
(J. 'I'hal the siid " Ada" arrived at Sitka on the (ith day of September, a.D. 1887. and
on the !)th day of the .said month lier master and mate were, without Ijeing tried for any
oft'ence whatever, vnieonditionalK released, lint the " Ada '' kept at Sitka, where she still
remains.
7. That hereto aimexed, marked " (,A)," i» a statement showing the value of the " Ada "
at the time of her said said seizure, and the value of her out lit oli and for said voyajje, also
of the number and value of the seal-skins taken from the "Ada" when seized, and also
of the expenses of the master and mate of the "Ada" in leturninj^ from Victoria to
Sitka.
8. The \alue placed on the " Ada " by her said owner at li'.ne i}f seiziu'e, namely,
7,0(10 dollars, is a fair and reasonable value for the "Ada'" when seized. She is a
substantially built craft in every resjiect, and is one of the best sailing-vessels enuaued in
tiie sealing trade. The value of the " Ada's " ontlit given in said E.xhibit, namely,
2,500 dollars, is less th .n that of anv of the other seized ves^-i Is from .the fact that the
"Ada's" hunters were mostly Inilians, whose canoes and ontlits were returned alter such
seizure, and said outfit not ineludiiifj wages.
0. The price charged fur the seal-skins taken from tlu- " .\(la" wlien seized is the
current market price of seid-skins at X'ieforia at the close of the sealing;' season of 1887.
10. 'Iliat the lv\liil)it (t'), hereto annexed, shows the legal and personal expenses
incurred by the ounerol ilic "Ada" by rc'ason of the .-.eizuie and detention of the said
schooner " .\(la," and the arrest and detention of the master and uKste, and the claims
arising therefrom.
1 i . That K.vliibit (D), hereto annexed, is a statement ot the estimated loss and damage
to the owner of said schooner " Ada" by reason of !ier -jaid seizure and detention during
1887, and the loss for 1888 if she is detained beyond the 1st February, 1888.
12. The claim of 1,000 seal-.'-kins as the ])robable additional caleh of the "Ada"
tor (he bal.mcu of the sealing season, had she not been seized, is a fair anil reasonable
estimate, and with her actual eateh, m.ikinu a total for the season of 2,87'), which, us
she carried two hciat-, seven canoes, and twenty hunter,--. (■amio( be considered an excessive
estimate.
1.3, Uurini; the months of October, November, IJeeeinber, and .January followin;.;
the close of the sealing sisison, or the greater part thereof, had tlu "Ada" been in her
owner's possession, she would have been engaged in the general eoa»ting and freightiii!,'
trade on and about the coastB of I5ri(ish Columbia, and the (air and reasonable carninus
of the " Ada '' dniiiiir said months, after deducting from the gioss amount thereof the
cost of wages and lunliing expenses, would be at k-ast ")00 dollars per numtli.
11. In ea.^e the " Ada ' he not delivered luto her owner's |)ossissioii at \ leiona on
or belore the 1st day of February, .\.li. 1888, it will be impossible to L:i\e her lilt
necessary repiiirs and letitliiig in time to start out al the usual date, about tlu- 1st Mareli,
on a full .season's hunting and lishing. As during the .-.uininer months there is littlt
coasting and (rcigiiling trade in which the " .\da" could be emplo\cd, her owner would,
in the event of her not hiiii'.; ready in time for a regular liunling and lishing voyafie,
practically lose the i^reater part ol (ho season, and the earnings of tin- " Ada " for such lull
season, alter dcdui tin:: Iherefroni the co.>t ol outlit, wages, and other running expeiisi:s,
would h(- al least, under eircunistaiices, (!,()0() dollar.s.
I .'■(. Tl,,'t her( t,) annexed, marked " ( K)," is a statement ol liie priiiei|)alsmns on whieli
interest at 7 jier cent, is claimed, and the time from and to wbieli it is so claimed. .\t
(he clo-e of the senlinu' season of 1887, when the eateh ol the •■Ada," in the ordii.Hiy
course ol events, would have been realized on, the niiiiimuin rale o( inlerest on money fui
commercial purposes -vas, hascontiimed to be, and now is, 7 percenl. per annum.
And I. .lames Uouulas Wan en aloie»aid, make this solemn declaration, coiiBcieatioii.sly
lo:5
two
8S7,
IV ')!
4C HI
the
' lliul
ry ot
H
men
w
' iiiui
H
' was
. iiiifl
hfX
bulieviiii' tlif siiiiic to lie tnif, iiiiil liv viitiic of t!u " Acf 'csiiectiii!' Exfra-iii'licial
Oatlis." . . J
(Signed) J. \). \VAH1U';N.
Di-eliircd and affiniicd hcfort; nio ut the city of Ottawa, in tiic County ot Caricton
and I'mvini'c; of Ontario, this !)tli day of !)fCTinI)er, A.n. 188", and cortitied under my
official si'al.
(Signed) U. O'VunaoM, Nntnnj Puhlic for Ontario.
Exiiihit (A).
Viihit; of llio sr'liODiK r " Ada " at llio time of her seizure by tin; United .States'
Bte!iiiiBlii|i "lienr." the •JStli ;\nf.'iist, 1887 ..
Value of " Ada's" Diitfit tit tlu' Hiiinu time
Value i>f fieal-'-kiu'. on l.iKird ai, sei/,ure, vi/.., 1,M7(> sKin^, at •'» ilr.I. 50 e |ivi
ratsu.:" auil rxjM-une- uf master nf " Atla " froui Sitka tii Vietoria
Tulal. Kvhiliit (\)
Dul. c.
7,fM)l) (ID
■J,5(I0 (Id
Iii,:iIK (Ml
Kill (III
(bii^ned)
(Signed)
I). O'CoNNfiK, Xnfini! I'ulilic.
l!l,'llH 00
.1. I). WARKKV
Exhibit (C).
I4i';;ai rxjirnscs at .'^ifkn iti cruincctiou with fnxul sciziiff . ,
Counsel aii'i other Ic^nl fccK iiriil expanses, rxfiuwivc cC iho iiliovo, in rcfcroiu'
to llu; sci'/.tivf and (■luinis ariHiiitr thcrnfrum . , . , , ,
Pfr*on:ii i'X|R'Iis('s of the ovviic* in the saniir t'onrn'Otion
(Signed)
Total..
(Signed)
I). O'CoN.Niiu, Niilan/ I'ulilir.
Do), c.
100 00
7!iO 00
•JSO 00
1,1(10 00
J, D. U'ARIIKN.
Kxiiiliil .'Di.
Estimated (idditioiiiil cntoli of ("oiii-nkiiis tiv Bdinoner '■ Ada lind '■li" not hoen
seized, Niz. : 1.000 skins, at ■'! dol. .'iO 1.
Loss Til owner of '*.\dft'" by reason of her detention dunn-.; the nionihs of
Oelobor, Nov-iuher, and IVnenilier A. I). IS87, and .lainiavy IS^K. darinir
wliirii she n-ntild have been eii'.ra'jed in the ermslint* trade, namely, four
months, at .100 dollars eaeh
If owner not put in p ^session of " Ada " ou "r before the Ist Februnry, 1888.
so thai sb" nia\ be lilted out for lini.liii^ und fe^hin^ vo\:i;;e of IMH8.
reasomible and probable profit on seaf.in of 1888
(Signed)
Total, Kxhihit (D)
(Signed)
f). O'COKN'OU. Nnliiry Puhlir.
T)ol. e.
l.-'iOO 00
•J, IK 111 no
I. .000 no
l.i.SOO 00
.1. D. WAlfREN.
i (in which
tncd. M
■ ordii.Mry
inoiiey lot
[1.
L:iciilioii.sly
Exiiiliit (R) ■— PuTNClVAt. Siitii~ oil which Interest i<! clainicd ;it 7 per cent, per nnmini,
and tin Tiiiic tor wiiicli if is so elainicd.
Uul. e.
\alii.' .it til. piohuliie lull e.ileb .1 "Ada ' for sea-oii "f ISHT. vi/.. ..»7il
skiim. la I doi. .".0 e. .. .. .. .. .. .. I.i.kIh mi
I .isli iMitinN jiriiir •" (he ist < l.iober. 18h7 .. .. .. .'oil iiii
'I'oiiK jiriiieipitl im which iiiteri-st at 7 per *H>til p"r anni.ni i*. '■laimed, iVoin the
Ut October. 1887. tu date otiuiymcnt .. .. lli.OlH 00
(Signed)
(Signed) I). O'CoNNOU, Noiari/ I'ulilic.
I12H|
J. 1). WARRKN.
V i
164
No. 05.
Colonial Office to i\)rri(jn Office. — {Received February 3.)
Sir, Dowiiinij iilrvpt, Fchrunry .'?, 18S8,
AVrrH refprcncc to previous eorvespondeiit'o ru.siieetinj; tin: Bri'jsli si;iilin;;-vessols
seized Id Jk'lirinfi's Se;', I am dircctid liy tliu .^^ccrctary oi' Stale (cr the Colonies to transmit
to vou, to he laid before tlie .Marquis ol' Salisbury, a copy of a desputeli i'roni the
Governor-General of Canada, reporting that orders have been i.-sued by the United States'
Government for the return to their owners of the vessels "Onward, riiornton," and
"Carolina," seized in 18SG.
I am, &c,
(Si!?ned) 1U)HERT G. W. III'.UIJKUT.
Fnclosuve 1 in No. ft I.
The MuKiuis of Lansduune to Sir II, Uollinul.
Sir, GnvernmenI IJniise, Ollaun, Juiiiiar)/ 19, 18yH,
IN reference to my former despatches upon the .subject of the seizure of Canadian
sealintr-vessels durini; the years i88fi-87 bv United States' eruziers for lishini: in Ik-brine's
Sea, 1 have the honour to report thiit my Minister of .Murine and l''isheiies has received
from the Customs authorities at \'ietoria an intimation aihlressed by the United Stales'
Marshal at Sitka to .Mr. Sprini,', tlie owner of the "Onward." one of the three vessels
seized in \iHC), to the erieet that that vessel, as wed as the " 'l'h(M-nton " and "Carolina,"
with their tackle, apparel, and furmlure, as they now lie in the harbour of Ounalaska, arc
to be restored to their owners. A copy of this intimation is inelosed herewith.
2. The information received by my .Minister is to the effect that the condition of
these three vessels, owins to the leiifitli of time during which ihey have been lyini; on tiie
shore, is now such as to render it ipiestionabh^ uhether they eouUl, under present circum-
stances, be rejiaired and removed with ailvantage. The diftirulty of doing this would be
increased, from the fact that the \essels have been released at a season of the ye.ir in which,
owing to the great distance between Victoria and Ounalaska, it would be scarcely possible
for the owners to fit out steamers for the purpose of going up to Oimalaska to repair their
vessels and bring them home.
;?. I also inclose herewith cojiy of an extract from an American newspaper (the name
and date of publication are not given), from which it would appear that the District Judge
has made an order for the sale of the arms and ammunition taken from the three schooners
in question upon the supposed ground that, as the instructions sent by the United States'
Government to .'>itka lor the; liberation of the vessels made no mention of the arms and
ammunition on board nt tiiem, the Court concluded that these should be contiscated and
.sold, ll would seem from the same extract (hat the remaining vessels held in .Alaska are
not iiiclu<l''i! ni the order sent by the United States' Govi'riimeiit for the ndease of the
"'J'hornton." "Carolina," and "Onward," and aii' therefore likelv to be confiscated and
sold with their contents and eipiifmeiit.
5. I have already dwelt at sutiieienl leiiuth upon the extent of the hardships involved
to the crews and the f)wners of these vessels bv the action of the United States' (ioverii-
ment, and 1 will only, upon the present occasion, renund you that anc ther fishing season
is approaching, ami that, as far as my (Government is aware, no deelarulion has been made
by that of the United States in reirarrl to the policy which it intends to arlopt during the
course of the year which has just commenced.
1 have, &c.
fSiijnc.l) LAXSDOWNE.
Inelosure 2 in No. '.)! .
Mr. li. Atltinx to Mr. ('. ^jirinii.
Office of ['riil-il Siiilci' Marshal, Sillid, District of Ala.skn,
Sir, . Drcrmher 5, iHsJ.
1 TAKl", pi.nsun; in infonuing you and other owner of the schooners seized in the
Behring's Sea liy United States' stiamer " Coi win," thut 1 ,ini in receipt of orders from
1G5
Wasliinpton to restore to their owners tlic .scliooiicrs "Onward," "'riiorntoii," and
"Carolina," tlieir tiickie, ai)parel, and furniture, as tiiey now lie in the Iiarboiir of
Ounalaska.
Orders for tlieir release have been forwarded to their custodian at Ounalaska.
Verv rcapectlujiv,
(Signed) BAK'l'ON A'l'KlNS, Unit>-d Sloths' MnrsM.
District iif Aliiskii.
Inclosure 3 in No. 91.
R.cl met from Amrricnn S'i'irspiiper (luimr inul rliitr iiiiknnvn).
Alaska Nkws. — Jud^; ; Dawson lia.s made an order for the sale, at Juneau, of the
arms and awimunitioii taken f'roni the Uritish schooners "Tiiornton," " Carolina," and
"Onward." cajitiirt'd last year hy the " Corwin." Attorney- (Jeneral Garland sent instruc-
tions to Sitka to have the three vessels liberated, but, aa he made no mention of tiie arms
and ammunition, the Court concluded that they nnist l)e sold, and gave directions
accordingly.
Tlie Marshal has further been authorized to sell the schooner " \V. !'. Sayward "
(UritJsh), and the " Alplia," " Kate," and " Anna," and " Sylvi.i Handy" (American),
toget.'ier with their boats, tackle, and furniture. Hy stiiuilalinn entered into last
Sejiteinher betweeu .Mr. iJelauey, acting; for the United States, and Mr. Drake, Q.C.,
repn sentinp; the Canadian (iovernment, the remaining Hiitish schooners cannot be sold
until tlie e.\|)iration of three montiis iVoin the lltli January next, and then oidy by
the District Attorney giving the owners ninety day.?' notice.
Apiiluation granted :—
In tiic eases of the schooners " Lily L.," W. I', Sayward,' " Annie,'' " Allic J. Alger,"
•' Alpha,'' "Kate and Anna," and ".Sylvia JIandy," an application nnide hy .Attorney
\V. ClarK, eounsil lor the owners, lor leave to appeal to the Supreme Court of the Uniteil
Slates, was granted.
A motion ()resenled by the same attorney lor a stay of proceedings for three months
in tiie cases of the " \V. 1*. Sayward," "Alpha," " Kate and .\nna," and "Sylvia Handy,"
was rchised by the Court, on the fjround that tlie owners iiad ani])le time in which to
prepare lor theirappeais, and it was entirely their own fault if they had not done so.
No. 92.
Colonifil Oflirr In Fori'ii/ii O/firf. — (Rfrrirrd Fuhrudni 11.)
(Kxtraet.) Dmrninij filrcrl, Frlirunri/ 13, ISSS.
Wrril r(>ferenee to previous correspondence respecting the claims of Hi-itish subjects
niiainst the (Government of the Cinted States nrisim; out of the seizure of or interference
with ''crlaiit sealinu' vessels in the Relning's Sea, I am directed by Secretary Sir Henry
llolliind to transnnt to voii. to he laid liefore Lord Salisbury, copies of two I'urtlier
'lespatehes lioin the (Jovernor-* icneral relalinu to luitiiei claims in the cases of the
vessels "Thornton," " Carotin. i." and "Onward," and of the vessels "Dolphin,"
"\V. P. '■•.ivwarl." "Anna I5eek," " (iraee." and " Ada."
Inelosuii' 1 in No. 92.
The M„r
nf Ijiniatloirnf tn Sir II. Ih'lhiinl.
"»',
dnrrrnmi'itt Douse, Ollinrii, .IniiiKirii 90, ]^H8.
WITH v'feienee to my despatches of the •ii.l and i;">fd Decendier la.st, transnuttini;
revised sl.ilenients of the claims dI the owners ol tiie "Thornton," "Carolina," and
"()iiwar(l," seized in Mehring's Sea iluring the season of 1 -^Ht) by the United Slates'
Kevi'iiue cult/.r 'Corwin," I have the honour to forwai-d herewiili, tor presentation to Ilie
L'd iteporl of a Committee of the I'rivy
ums of the masters and mates ot the
iljiive-nientioned vessels.
My .Minister ol .Marine and i'"isheries eon>.iiiers thai these revised claims are just
United States" (loverninent, a copv of an a|inroved
Council, subniiiting a revised statement of the clai
\66
iciisoiiiihle, anil cxprossi's tlie liopi; Unit, prnmpi rcpiiratioii may lif luailo to those
iicrsoiis f'oi- tlir siillunni.'s ;iii(l li)<sf> they liave siiistaineil
I have, &c.
(Signed) LANSDOWNK.
Inc
2 in No. 92.
Rejmrl nf a Commilloc nf llir llrmnunililf llu' I'riiij Cdiniril for CaiiiKht, apprnvcd In/ his
E.icclli'iirii the Grireriior-Uriii'rd! Ill Cotiiiril, Jiiiiiiiiri/ I'J, ISsS.
ON a Report dated "itli January, I'sHB, iVoui tin' Minister of Marine and Fislierie^
statini,^ witli rct'ercnee to llic Minute of Cnnneil ot tlie 3r(l .lanuiiry, li^sy, tiansniittiiii;
clainis ol'tlie owners, masters, and mates of tlie sealin,i;-seliooners " 'I'liornton," " Carolina,''
and "Onward," wiiieh were sci/cd in tlic IV'liring's Sea in x\n.i^ast, 18)-iG, l)v tlie Uniteil
Stalls' revenuc-entter "Corwiii," and the denputeh from tiie Secretary of Stale for tiic
Colonies, dated 1-ltli Sopteinher, ISmT, returning these (or revision, us well as to the
Minnies of Conneil of the '29tii Noveiniur and 'iOtli Diremher, l^ifST, tra.nsniittin;; the
revistd claims ol the schooners '• Tlioniton '' and '■ Carolina" ami of the "Onward"
respectively, so tiir as the owners are coiu'erned, that, the iiersonal claims li)r illei;al arrent
anil impri?onnient of the masters and mutcN ot ihe ahove-mentioned vessels liavini,' hecii
referred hack to the parties interested, they have consented to aeee|it a reduction of one-
half the orifjiiial claim as suhmitted :
They would therefore he as follows : —
Solionncr "'i'lionitcm " —
Hans (iiitlcrm-fn, iniistir
Henry N(irni;iu, mate
Sclionncr " Ciirnlina"—
James ();;ilvie, maiti r
Janu's Hlark, male
Schooner '* Onward " —
Daniel Munrne, master
/oliii Marfjiitieli. niati'
|)..l. c.
'1,(I(IU 1)11
■i,">llll 00
i!.'>00 00
■J.'iOO 00
1,0(10 CO
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The Minister, helievinj; these revised claims to he just and reasoi\ahle, recoinmends
that Ihiv he forwarded for presenlation to the I'nited Slates' (Government, and expresses
the hope thai protn]il rcpai'ation may he made to (hose persons lor (he suHi'riniis and losses
they ha\e sustained.
The Commidee advise that your I'jxeelleney he moved to Corwaril Ihe claims herein
mentioned to the Kii;l\t Ilonourahle (he Secre'.ary of Sta(e fo-'' ' olonies, for transmission
to the United States' Government.
All which is resiH'clfullv suhmiKed for \onr Kxcclleuev's approval.
(Si-ned) .Hn-\^ .). Mi:{i\<'A\ Clcih, I'lin, (Miincil.
Inelosure .'} in No. 92.
' n
The Mnrijiiis of [.(nisdon-nv to Sir IJ. fjolliiiul.
Gmcrniiicnl House. Olliniii, .limiKinj IS, 1888.
Will I reference to my despateh of the ")tli instant, (ransiiiittini; detailed statements
of the claims nf the owners am! agents of the Canadian sealing-vcs.sels seized in nehriiii,''s
Sea during the past season, I hive the honrnir to forward herewith ei copy of an a[iprove(l
l{e])ort o( the Committee of the Privv ("ouncil, sul)mitling the [lersonr.l cl;iinis of the niaster.s
and males nf the " Dolphin," " W. P. Sayward,'" " Anna 15eek," " Craee," and "Ada."
My Minister of .Marine and Fisheries is of opinion (ha( tlie claims suhmitled are jiisl
and leasonahle, and recommends that Ihcy he presented lo the I'nited Slates' (invi'rnment
with the hope thai prompt reparation may he made to these ])ersons for the sulferings anil
losses Ihcy have sustained.
I have, &.C.
(Signed) LANSDOWNE.
I(i7
Inclosuve I in No. 92.
/t'rjiiii I III II ('iiiiiniilli'r nj Ihr I Idiiiiii riil'li' llir I'rin/ (Jiiiiiiiil, iijijirovi'il hi/ lii.-< Eni'Ucnni
I III- (liirrninr-(JriiiTiil ill ('nuiiril, Jiiiniiin/ \'J, |H8h.
ON !i U.ju.rl. (lilted the 'I'MU l)c(vml)cr, 1SR7, from llie Miiiistor of .Marine and
l"i-liiii(s, siiliiiiitliiiu, ill c'Diiiu'ctidii witli till' sdiziircs ol ('iiiiudian MaiinK-i-c-.si'is in
l!i.'liiiiij,''s Sea limiiiu: liii' seasons ol' ISHC. ami lsS7, tlic |.ciNC)Mal pjaims iiC tliu liillowiiiji
Mm>t('i> and mates ol'tln' sci/.ec! vessels:--
.SflnKHH r ' I'oljiiiiri ' —
Wiincn, nipliiiii . . . . . . . . . . , ,
.luhn Ufilly. lualr. .
Sdinoiiii' •• \V. 1'. .'^iiywiiici " —
(ii-i). U. I''crcy, ciiptairi ,. ..
.\. I). I aiii'^', iii;ili' . . . . ., ., . .
Sclii'iiiicr " Aiiiiii lieck" —
l/Oiiis Olvi'ii, caiitiiiii
.Micluicl Krefr, luau,'
.ScliMciiicT "<lni(.'c" —
\\'m. IV'lit, captain
Si'li'iciiirr •' Ada" —
rliarlis A. I.iuidli'Mj,', niatr
The .Minislir iielieves that tliese claims are just and ieasonal)le, and reeonimen<is tliat
tlicy be fbiwiii'ded to llei' Majesty s (ioveinnient lor presentation to tlie Clovernmeut
oi' tlie United States, and lie expresses the hope that pronipl i'e|)ai'ati(jii may he made to
these [lersons tor the surteliliits and losses they have sustuniefl.
I'ln' ( 'oiiiniittee advise that vonv Ivxeelleiiev he moved to forward the claims herein
iiuiitioiiecl to the liii:ht llonoiiiidilc the Seeretaiy of St.ite tor the Colonies, lor transmission,
to the I'liited States' (Jo\irmiienl.
.All which is vespectfullv suhmitted for your Kxcellenev's a|)proval.
(Signed) ■ .K)\\\ .]. Mcl'.EE, Clerk, Piir;/ (Jouncil.
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Ihrlaratioii.
City of Ottawa, I'roviiiec ol' Oiit.irio, Dominion of Canada.
I, .lames Donniii^ Warren, nt'the eitv of Victoria, in the Province of Ihitish Cohimhia
(li the Dominion ol ('anada, master mariner and ship-owner, do solemnly and sineerelv
declare as follows : —
1. That I was master of tlu' British steam-schooner "Dolphin," of Victoria al'oic-
said, on the li'tli day of .Inly, a.d. ImS", the said schoon(;r on that day lieim; in that pait
(if the North I'acilic Ocean calhil Belirinji's S(>a, lawfully cnj^ai^ed in seal-lishin;^.
2. That on the said 12th d.iy of July, a.d. I8n7, the said steam-sehooner " Dolphin "
was SI i^.ed hy the United States' steam-ship '• Hiehard Ki"-h," and I was made a ])ri-oiier
and taken on hoard of the said steani-ship " Richard Hush " with the ship's jiapers o( the
said " l)ol()hin."
;i. 'i'hat shortly alterwaiil^ on the same dav I was sent hack en hoard the " Dolphin,"
which, in connnaiul of an olKccf from the said " liicliard Kiish,' was taken to Omial.isku
land, in the United States' territory ol .\la>ka, li'oni which place a lew days alter I was
sent — with the said steam-schooner " Dolphin,'
m conimand
of an otHcer from the said
Kichard Rush" — to Sitka, in the smd Ici ritory of .\laska. On arrival at Sitka I was
hiiiided over to the United States' .Marshal ot the territory ot Alaska, in whose custody I
riiiiained from the 1st day ol August, A,i>. 1SS7, until the Mth day ot .Vugnst instant,
when I was taken hefore the United States' District Court at Sitka, I'ormally chaij;ed with
having' violated the laws of the United States relatini; to seal tishing in the watcis of
.Alaska, and upon my own reco-ni/.ance of 5()(i dollars released to appear lor trial on said
charge on the 2:.'nd day of August then instant, and to ap[a'ar iVoio day to day thereatter
iiiltil I should he so tried. I did ^n ajipear oi: the days so (irdered until the 9tli day of
Scptemher followintr, when, without so hcini;- tried on >aid eharue, or ar.y other charge or
(iHciice wliati vcr, I was unconditionally released hy (Wiler of the .Iu(li;e of said Court, and
lijr the said illeu'al airesi and impri>(jmneiit I claimed as damages the sum of 2,000 dollars.
■1. 'I'hat at the same time I was arrested, as aforesaid, one .John Keilly was mate
(it the said steam-sehooner " Dolphin," and I am the duly authorized agent in this behalf
III the said .lolm J{eilly, mate of the said " Dolphin."
.'i. The said .lolin Reilly wa-; arrested, taken to Onnilaska, thence to Sitka; delivered
1G8
into the custody ol the United States' Marshal of Alaska, ariaifrned, allowed bail, and
tinidly itici-^cd at the same place, time, and manner in whieh I was, as set mit in the diela-
ration, and the said John Keilly, hy nie, his duly authorized a;^ent in this helialf, elaims
1,000 ilolhus as damages lor said illeiial arrest and detention.
(i. That alter arrival ol' said steam-seliooner " Doliihin " at OnnalaHka aforesaid, after
iier seizure, I af^reed with the (.'ommauder of the said " Kichard Itush " to navigate the
said " Dolphin " from Onnalaska to Sitka, for whieh purpose 1 engaged the erewon hoard
the " l)oii)iiin " alter seizure, afjreeing to pay them their ordinary wa^es therefor. I did
so navigate the said "Dolphin"' Irom Ounalaska to Sitka with tlio said erew, hut I have
never heen paid therefor, nor have the said erew lieen paid the wages promised and agreed
to he paid them therefor. The --aid trip from Ounalaska to Sitka took about lilleen days,
and the amount due me for said services for myselt and erew amount to ItiO dollars, whieh
said sum 1 hereby eliuni as justly due me for such serviees.
7. That at the time I agreed with the said Cominander of the " Kiehard Rush " to
navigate the said " Dol])liin " from Ounalaska to Sitka I also agreed to furnish ollieers and
crews to navigate the serew-sehooners " Graee " and "AmiaHeck" from Ounalaska to
Sitka. I did so provide for their navigation from and to said places, and agreed to pay
their said ollieers atui erew ordinary wages for their services in so doing. The " (iraec "
and "Anna Beck'' were so taken from Ounalaska to Sitka; the voyage took about
fifteen days, and the amount due to master and mates and crew therefore lOO dollars for
each of the said vessels " Graee " and " Anna J5eck," and I claim therefore ICJO dollars for
said services. 1 also claim 1C5 dollars for similar services in navigating the schooner
" W. 1'. Sayward," by her master and erirw, from Ounalaska to Sitka. The said schooner
" W. P. Sayward " aiid .steam-sehooncrs " (Jraec," " Doliibin," and " Anna Heck " arc still
at Sitka, and are about one-half the distance from Victoria they were when at Ounalaska,
and can be got at any time of the year, while, had they remained at Ounalaska, they could
only have been reached during the summer months, and then at a cost two or three times
as great as now.
8. That I am the duly authorized agent, of the owner of ami manager of the said
sciiooner " \V. P. Savward " and of the said steam-schooners "Graee," " Dcdphiu," and
" Anna Beck."
And 1 make this soUnm declaration, conscientiously believing the same to be true, and
by virtue of the Act respecting extra-judicial oaths.
(Signed) .1. D. WARREN.
Declared and allirmed before me at the city of Ottawa, in the County oi" Carleton
Province of Ontario, this 9th day of Decernbe'r a.o. lfiS7, and certified under my olfi'
seal.
iSigncd) D. O'Con.nor, Notary Puhlic/ur Ontario.
:ial
Exhibit (A.)
Uol. c.
.lames I), Warii-n's clHitii tor illejjiil arrest .. .. .. ., 2,0'I0 "O
.liihii licilly's claim fur illc,t;iil arrest .. .. .. .. .. 1,000 00
James it. Warren's elaiin lor iiavi>;atiiig stearii-seliijoiicr " Duliiliin'' f'rim Oiiiia-
laskii to Sitka .. ., .. .. .. ,. .. 100 00
.lame-i 1). Wan n's (•laini for iiavi;,'alir]n sliaiu-sclinoners " (iracc " auA " .Vmia
lieek" .. .. .. .. .. .. .. .. .TiO 00
Jame- D. Warre '.> claim for navigating sleaiii-scliuoi.er '• W. I'. .Saywanl' .. l.OS 00
Total . .
.. 3,6;i5 00
(Signed) J. D. WARRI-yN.
(Signed)
D. O'Co.NNOii, Notary I'ulilic.
l)aiiia<j(": rlnimed Inj frfon/r l\. h'rrci/, Miis/rr of the sclionnrr " M'. /'. Sai/irnnl," for illi-tjul.
•V rest (111(1 (l( lent ion on lioard tliv Unilcd States' .sttam^sliip " liu.il(," and at Sitl(a, from
July il to Scplenilicr 10, l.S^7.
Hritish C'ohnr.lMn, to wit.
I, GEORGK R. FHRHY, of Victoria, in the Province of British Columbia, Dominion
of Canada, master mariner, and master of tlu' .-.ehooner " W. '*. Saywa'-'lj'' solemnly and
sincerelv di elarc as follows: —
169
1. 'I'liiU I wiis on till! !)th July, ' Sft7, iiiihIci- of tlio M.hooiicr '• W. P. S;iywiirtl" ; at
ihiil (laic the '•■ml sclioimcr Wiis in llie lU'liiiiiii's Sen.
2. 'IliUt oil the siiiil i)lii July llh >ai(l nL-iiooiicr '• \V. I'. Sayivaid " was sci/cd liy tliu
U.,ili(i Slate-.' st('aiii-slii|i '" iJusli," itiiil 1 was luadf n prisoiiLi' and taUtii on lioard the said
>lr,tin->lii|i '' Kiiiii " with till' |ia|)cis oi'tlii.' Slid suIiooiilt " W . 1'. Sayward."
It. 'liii' ('a|itain ol (lit' >aid ^to i'M->lii|i '• lliisii " told iiif I \\a-> in iiis iliar^t,', and
iiiiisi obey liii oiv'iiis; lie sent inr hack to llic -aid ncIioiiut " W. !'. ->ay\vard," tnailc licr
la-t to the " lliisli," and towcd Inr to ()iiiiaia-ka, Iroiii wliich [Adru wc wltu distant al
tiiiic of said sci/.iiiv alioiit HO miles.
I. Wliiii I Hirivud lit Ouiialasku atbresaid 1 was '^ivcn into liic ciiaiu'e ot ii Di4)Uiy
Uiiitid Slates' .Nhiivlial, and next day I, in th/ aid siliooiiiT " VV. 1'. .Sayward," in charge
111' a Deputy Marshal, was sMit on my way to Sitl<a, wheie I urrived on the 'J'Jiid .)uly,
and was there delivi'ird into llie fii-liidy ol 111'- Unite I States. Marshal.
.'). That on the 'J'ird July ! wac lin)n:j;!it bi'i'ore Jud;^e Daw>on, tlie Jiidi^e of the
l)i>tiict Court at Sitka, and plaeed under liond of 'ill:' (lolliir.s to appfar lieluie thr said
Uislrict Court mi the :J'Jnd August, Ms?. I had to remain at SitUa from the said
'J.'irl .Inly, and on the 'i'Jnd Auj^usl, is><7, I appeared hefore the said District Court, and
no nil from day to day until the lOtli Sejilember, when .(udge Dawson aforesaid discharged
iiie, statiiif; he had received instructions from V\'asliini;toii to release all parties connected
uilii the '^ei/ed sealers.
Ii 1 claim as damages for nis' saiil illcual arrest and detention the sum ol' 2,000
.lollar..
7. Ami 1 make this solemn declaration, emincientioiisly helievin;; the same to be true,
and bv virtue ol llie "Oath:, Oidinanee. Ihlif)."
(Signed) GKDIUJK R, FKKKY.
Ueelaied bclijie me at \'ietoiia, tlii- -nd November, \-<S7, in pursuance of the Oaths
Dnliiianee, iMi:).
(Signed) Ciias. I'j. 1'ooi.kv, Xnliin/ Pitlilir,
Virloriil, liiili.-ll Col II III hill.
Di'rlitriilioii.
('it\ III Ottawa, I'lovinci' of Ontario, Dominion of Canada.
!. .lames Douglas Warren, of the city of Victoria, in the I'lovinee of Hritish Columbia,
III the Dominion of Canada, master mariner and slii|i-owner. do solemnly and sincerely
ilcrlarc as follows:—
1. 'i'hat I am the duly authorized ai^eut in Ibis behalf of .\n(lrew D. Laiiii.', of the
city of \'irtoria aiorcsaid, male and partner of the IJritish schooner " \V. I'. Sayward," as
the time of hia- seizure as slati'd herein.
2. That on the '.ith duly, a.d. Ii*'*?, the said schooner " W. I'. Sayward," while in
licluiii^''s Sea, in north laiitude ,04' -\'X, and west longitude 107 'il'. and lawfully cu'^aged
ill .-ealiiig, she was si'ized by the Uiiiteil States' stcam-sliip " llichard Uush,'' and the said
Andrew D. Laiiig, mate of the .said schooner " \\. P. Sayward," was then placed under
aiTcst hy an ollieer of and from the said " llichaid linsli."
3. That, hy authority of the Commander of the said " Uiehard Ku>h," the said mate
wfis taken lirst to Ounalaska Island, in (he Cnited States' Territory of Alaska, ami thence to
Silka, in said 'I'erritory of Alaska, and there arrai'/iicd lor trial on the •J2iul August, 18^7,
liiiiig admitted to bail in the meantime. 'I'he said Andrew I). Laing pleaded "1101 guilty"
to the eliaigc prclcrrcd ai^aiiisl him, namcl} , thai of violating the laws of the United States
iv.-iiecliiig seal li>biiig in the waters of Alaska, and appeared on the saiil 22ihI .August for
tiial, and from day to day thereafter until the 9tli September following, when without
having been tried ou .said charge, or for aiiv otfenee whatever, he was unconditionally
rclea.^eil.
I. .\iid the said .Andrew D. I.aiiif,', by me, ids duly authorized agent in this beliulf,
cliiiiiis 1,000 .iollar.-, as damaues liir such illegal arrest.
.\iid J.James DomjI.is Warren albresaid, make this solemn dL.'elaiation,i'imseientiously
litlieving the same to be true, ami bv virtue of the •■ .\el. respeeting e.\tra-iu(liei<il oaths."
V^igncd) ' J. I). WAKlUvX.
Declaicd and allirmcd before me, al the eil_\ of Ottawa, in tile county of Carlelon and
I'l'oviiiee of Ontario, rhi^ '.!tli Dcceinher, IM??. and cerlilied iinif my ollicial seal.
(Signed) .1. .M. Hai.dkkson, Sotnnj Public for Uiilaiio.
[128]
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170
Dprlarnlion.
City ol Otfawii, I'rovince of Ontuiio, Doiuinioii of Caniidii.
1, .laiiics |)o\ii:Iiis Waiivii, of the (ity of \ icloiia, in tlu' iVovincc of Hritisli ('oluiiil)ia,
of tile l)(-iiiiiiion of C'jiiuula, do SdJcMiiiily and siiu'iTi ly dt'flaic as fullows: —
1. That I am the dniy aiitlioii/cd airi nt of Louis Olsi-n, of tiie said city of Vicloriu, iti
this behalf, mnstcr niniiiicr, and master of tlii' stiam-schooricr " Anna lltck " at till' time
hi'i'finaltri' mcntioiu d.
2. That on liic 2nd .Inly, a.d. IR.>^7, tin- said "Anna llak," '.vhile in Ikdniny's
Sen in no'.th hilitndc .VI '>S' and west loni;'itiide l()7^ :Jf)', and lawfully eniragcd in seal
fisliinj:, was seized hy ihi L'nited States' .steani-ship " lliehard Hnsii," and the said
Louis Olscn, as mnstcp thereoC, nindc luisonir liv an otiiccr ol and from said steain>shi|)
"Richard Rush."
3. An armed itcw from the said " Itiehard Kush "' took chaii^e of the said " Ann:i
Beck," and took her and her crew to Ounalaska. in the 'IVnitory of Alaska. 'I'he said
Louis OIs( !i wa,> kept in cns'ody at Oniialaska until the ")tli day of said July, when he was
sent as n |iiisonrr to Sitka, in the said 'I'errilory ol Alaska, on hoard the .\meriean schooner
"Challentce," in charge ol an ollieer from tlie said " Riehard Rush."
4. After his arrival at Sitka tiie said master of the "Anna IJeek " was arraiiriied
before a .ludce of the Distriit Conrt on a charLre ol havinir violated the laws of the I'niti'd
Slates res|ieetinj^ seal tishiuij; in the waters ot Alaska.
lle|)leade(l "not i;uilty"to said ciiarLie, and was ordered to appear for trial on the 'J'.'ini
(lay of Anijust (hen instant, and therea'ter Irom day to day until so tried, in the meantiinu
i)ein<; allowed out on hail on his own recognizance tor 50(1 dollars. lie so appeared fur
trial on the said 'JL'i'd day ol' August and day hy day thereafter, until the Otli day til
Septemher follo\vin;_', when, without lit in^' so tried on said cliiirfic or any other ehaiiie
whatever, he was nncoiiditionally released, and the said Loui> Olseii, hy me, his atjeiit in
his hehall'. claims "J, (100 dollars as ilatiuiijes tor .'.uch illegal arrest and detiutiou.
And I, James Uoui;las Warren afore^aid. make this solemn declaration, conscientiously
believing the same to he true, and hv virtue of the " Act respcetini,' I'xtra-judicial oaths."
(Signed) J. i). WARRIiN.
Declared and allirmcd liefore me, at the city of Ottawa, in the county of Curleton, tliiis
9tli day of December, a.D. 1PH7, and ceitilicd under my ollieial seal.
(Signed) J. .\l. Baldlkson, Notari/ J'uhliv for Oittaiio.
Sir, l-i'ii'jIi'H »S7)T(<, Viflnrid, B.C., Nornitlirr ,30, 1887.
We have the lionour to lorward herewith the claim of Mr. Michael Keefe au'ainst llit
American (iovernment for damages for illegal arrest and detention hy tlu \iiierie;in sleaiii-
ship " Rush" while tie was acting as mate of the steam-vessel "Anna Ueek."
We have, &c.
(Signed) DAVIE and I'OOLliV, lianislcrs, .V.
The lion, the .Minister of .Marine and Fisheries,
Ottawa.
Damaijrn cluiiu-'f! Inj Mlr/iwl Kei'ir, Mnlf tif the Slvnm-rrssrl " Ann it liirlt," for Hhv"!
arri'st mid ilflfiili'in In/ tin- Ciilli-il Slii'h'.i' Siriiiii-sliiii '' lliifili," unit iit Silkii, In-n
Jiilij '-'0 tn Sriilniil/ir I'o, LSS".
British Cidumhia, to wit.
1, Michael Keele, of \'ie(oria, in the pioviiuc oi Hrili>li Colnmliii is(cr mariiior,
and chief mate of the steam-vessel "Anna licck,'' soleinnlv and sincerely declare as follows :—
I. 'J hat I was on the 'Jiid day of July l>S7 chief mate of the steain-vesscl "Anil.i
Beck;" at that date the said sleaiii-vessci was in the nehring's Sea ciifjaticd in seal-lisliiiii:.
'J. That on the said Jiii] day of .Inly the -aid steam-vessel " Anna Rtck " was sri/d
by the ( nilid Sl.ctes' steam-s|n|) " Rush," ami I was mailc a prisoner and taken on Imi;iiiI
the said steam slii|i •• Anna Hick,'' in ehar^i' of an armed cri'w Irom the said stea!ii-siii|'
"Ru8h," to Ounalaska, where we airived on the .'hd day of July 1887.
.'(. At the time ofthe said seizure the said steam-vessel "Anna Beck " was 7.'1 iiiili"
from the nearest land.
4. When w<' arri\rd at Ounalaska ue were kept in custody hy the said sleaiii-slii|'
" Rush " until the .'dli day of .Inly, when I and the rest of the crew of the said steam-vesMi
" Auim Beck" were transferred to the Ameriean schooner "Challenge," and were sent to
1T1
Sitka, Alnskn, in clmrgo of a (luarfprmnstoi- from the said stcain-sliip "Rusli," where wc
anivi'd (III tiie '.'Otli diiy of .lidv I8S7.
'i. Oi) til!' 'J'Jiid (hxv of July I wa* taken hclore .ludu;(' Dawson, of tlic IJiiitccI Slatrs'
Di-^tiict Court. Iiy the riiitcil States' M.ushai. and wa-i chaiu'cil uiti) takinj; seals illcijally
in Alaskan waleis, I jileadcd "not ;;uilly" to the chariie, and ! was releasiid on my own
bond 1)1 •">()() dollnis t) appear uhcn failed u])i)ii aftir the arrival of the " llusii," which was
cxpeeted to arrive in Aujinst.
(i. On the '^Tth day of July I appeared liet'ore the said Judi^e Dawson and tojil him I
liad no 'iieuiis of supportirif; myself, and he tiien handed me over to the custody of the
United Stales' AF.irshal, iu wlmse eustody I remained until tin- lOlh day of Septemher,
l^>>7, when the said Judije Dausou sent t'nr me to eourt, when he released mic, Mtalin;; he
liad received a tcleiiiam fiom Washinttton instruetinj; him to release all parties (■onnected
willi the sci/ed vessels.
7. I elaim as damau'es for my said illeij.d arrest and detention the sum of' I ,i)U() dollars.
>s. And I mak(! this solemn deidaiatioii, eonseienlioiislv l)elie\inLr the saux; to Ik true,
1 hv virtue ol the "(t.ths Ordinau e, l.'r^'l'.t."
(Signed) MICH A F.I. Kb'EFE.
Declared hefore mo at \icloria, Urili-h Columhia, this I'itli (hiy of' N'ovemliL'r, 1S87,
in pinsuanee of the " Oaths Ordiiianee, l^^ii!!."
(Sij,'ncd) CllA^. K. I'ooi.kv. .Snlnri/ I'lihlir,
f Carleton, this
1(1] lislcis, Si''.
ck " WHS ?•■! mik-
Ddiiiinirs rliiiiiiril h]l WiU'uim Pctil, .\f(isli'r of the Sli-nm-ri'^scl " (Iriiri'," for illnjiil arrest
iiixd itrlnilinii nii limiril tli>' I'nili'd tSlale.s^ Sli-nin-sliip " Kii.sli," and iit Slllci, from
.luJij 17 to Seplemlin- 10, 18S7.
British Cohinihia, to wit.
I, William IVtit, of N'ictovia, in the I'rovince of Hritish Coliimhin, master mariner,
and master of the steu'ii-vessel " (irace," solemnly and sinci rely decl;\re as ft)llows : —
I. That I was the master of the sleam-vessel "tiraer" mi the I7lh dav of July,
Is^? ; the siiid vessel WHS at that dale in the l?i liriiit;'s .Sea, enyut'ed iu seal-tishiiig.
'J. That oil the said 17lh day of .July the said sleam-vessel "(irace" was seized hy
the I'uited States' steam-ship " Kush,'' and I w.as made a prisoner anil taken on hoard the
said steam-ship " Husli" with the jiapers of the said steam, vessel " Grace."
■1. That I was again sent hack to my said steam-vessel " ( irace," and an officer and
two men from the said steam-shi|) "lliish" were phued in eliari^e of her ; and the said
steam-vessel " C'irace" v as taken in tow hy the said steam-ship " Kush.'' and hrouu'ht into
(^tmalaska, which |)l;:ce at the time of seizure was ((."i miles distant.
•1. I'rom Ounalaska aforesaid 1 was taken down to Sitka in my said sleain-vessel
"(Irace," in (diarire of a Deputy I'nited States' .Marshal ; and when 1 arrived at Sitka, on
the 1st day of .Anuust, 1HH7. 1 was handed over to the eiistodv of the rnitcd States'
Marshal.
'.}. That I remained in the custody of the said I'nited States' Marshal at Sitka until
tlie 17th day of .August, wlu'ii I was arniigned !)• fore Ihi' District Court, and was
remanded on my own liiil of .'")("• dollars until the "21 st day ol .August; and I appeared
lielore the said Court on the said 'Jlst day of August, and thence on from day to day until
the Idlh dav of Septemher, 1^<S7, when .ludge Dawson, the Judge of the said District
('i)urt, dischar^'cd me, stating he had instriietious from Washington to release all parlies
coiineetcd with the seized sealers.
G. .Vnd for the said illegal arrest and detention I claim as damages the sum of
•-',000 dollars.
7. AikI I make this solemn dec huation, conscientiously hclieving the same to he true,
aiirl hv virtue of "'I'he Oaths Ordinance, I8(i!l."
(Signed) WILLIAM PKTIT.
Declared before me, at Victoria, this I'nd dav of Novemher, 1S87, in pursuance ol
"The Oaths Ordhiance. 18r)i(."
(Signed) (,'iias. L. rooi.iiv. Notnrij I'lihlir,
Vicloriii, lirilhh Columbia .
[128]
Z 2
1 7a
Damnjrs rliiiiiird hij Chiirlrs AikjusI Ltiiiill" nj. Chirf Male of the liritiuli Srlioonn " Ailii,"
Jar illiyill iiiirsi iiml ilili'iiliiill hi/ Hie I'liilnl Sliiirs' licirnlir Ciilirr " lirtir," (liiil In/
the United Stales' Maislial iil Silica, fi'oiii Aiiijast '_'5 In Drlohef I, IHS7.
British Columbia, to wit.
F, Ciiarlcs August Luiulberj:, of Viptcriji. Kritish roluniliiii, do solcniiily .-ind sincerely
declnic : —
1. That I sailed I'in in llic eity c/f \'ietoii;i. ii-; cliief iiiiite of tin- liiili.-li sciiootior
" Ad;i," oil the 17th day ol' .liii)e. l."S7, on ii sealiiii; vovau'e to the |}ihriii!,''s Sea.
~, That on the li'itli day of Aiiijiist, 1H«7, in the Hehriim's Sea, and while eiiL'afed in
til"! lawt'iil liiisiness of the said voya.'e, the schooner "Ada" was sei/ed and laiu-ii
possession of hy the United States' reviniiv-ciitter "Hear." 'i lie odieeis of the said
cutter placed a crew on hoard of the ^aid sclidoiitr, and towed her to OiiiuiliisKa.
3. At Oiitialasha our eariri) ol' se;d-sl\iiis was tal;iii out of the said ■«eliooiier a^aillst
the |)rotest of the captain, and helore oiir having a heaiini; iicloic any let: il Tiilumal. 1
was then forcid (o i:o on the sijzed seliooner, in charge of a I'liiled l^'tates' Deputy-
Mai.-lial. to Siil<a, lor trial, airi\ins: at Sitka on the olli day of Sepleinher, Ixs".
4. Upon arrival at aiika the sehooiiei w.is iiaiided iiwr to the I'niied .^tatc.-.' .Marshal,
ami I was kept on hoard the vessel until the Mh day of the same imiith, nvIibii I was
released.
,1. I was without means or piijv i>ion-, and iiolliiii;; was done towards enahliiii; me to
return to my liome until the L'.'jth Si|itcmlier, lfS7, when I was seiit ( n hoard the Ue.ited
States' revenue-cutter " Hush," and taken to N'ietoria, wheie I arrived on the Itli dav of
Octoher, 18^7.
(J. l-'or niv dainaues, hv rea~on of m\' iiletfal arii'st and detention as aforesaid. ! claim
the Sinn of 2,000 dollars.
And 1 make this .solemn deelar.ition, eonscientioiislv helieviiii; tlie smne to he (rue, anil
iiy virtue of "The Oaths Ordinance, iHli;)."
iSiv'iiedl {'. A. lANDIiKRG.
declared at X'ietoria, liiiti>h Colutiihia. this 'i|li duy ol November, a. I). 18^7,
before me,
(Siuned) Tiioiinton I'hli., Xolnri/ Piihllc,
\ iilnrifi, lirilisli ('(iliimhi'i.
No. !i;5.
Mr. Plieljis III the Miiniiiis- of Snlisliuri/. -{liereireil Ftlinniiii \^.)
Rfy Fjord, l.ei/iiliiiii III the [Jniloil Slitirs, Lniiilun, l-'i'lininnj 17, 188*.
I IIA\'I' till- honour to iiielose ii prmted cop\ of an impoilaut note relative to the
Alaska seal lislu ries whiih 1 have just received trom my Oosernment. Il has reference
to the proposal lor some inlernalional KeLiidalions at tho'c tisheries which I had the
honour to suhinit in u'ciiri;.! leiiiis to your l,ord--hip in a personal interview on the
17th Noveliiher last, and which I then pidiniscl to ask inv ( ioveiniiicht (o stuic niorc
preci>^ely.
As the matter is one that, as ii appear- lo the I'Miled .Slates' (iovi rniiieiit, should In-
dealt with iimnedialely, ami in which I piesuine both (iovernmeiit'* will readily concur. I
shall be ^lad of the honour of an interview with your Lordship at as eail\ a day next week
us may b(! convenient and ii'.'ii e.iMe to you, when tie- proposed reshielion^ and llie metluid
ol eairvinu Iheiii into elf'ect can be considered.
1 have, >Vc.
(Signed) i;. .1. I'llliM'S.
Inclnsure I in No. !i:V
Mr. ISiiijiinl III .Ur. I'luljis.
Kir, Depaitmenl of Stale, Wasliiiii/loii, I'ehniiin/ 7, 1H8S.
1 iIA\'l', received voiir despatch ot the TJlh Novcmher last, conlaiiiiun an nceountof
your interview with F.ord Sidishuiy of the preti diii!,' day, in which his Lordship expressed
acquiesccucfc in my proposal o( an agree ineiit heiweeii the United States and (neat lirituin
iind ^iIK■c■lTlv
173
in rcL'ard to tlip adoption of concurrent refjulations for tiic preservation of fur seals in
li.lirin;;'s Sea frotii exterriiiiuitioii by dt'stniction at improper seasons and by iinproj)er
iiR'tliorJs by tlic citi/cns oCoitlier country.
in response to bis l,ordslii|)'s sii^'^estion tbat tbis (iovernnient submit a :->kctch of a
system of reu'iibitions for tbc purpose indicated, it may be expedient, before inai<ing a
definite jMopdsilion, to destrilie some of tbe conditions of seal life. And fur tliis jjurposc
it is licjievcd tbat a con'ise statement as to that part of tiic; life of the seal which is spent
in lieiirifiir's Sea will be suflicicnt.
All tliose who have mad',' a study of the seals in Hehrinfj's .'^ea are atfrced tbat, on an
ivcrace, fVdm five 1 ) i^i.v months tbat is K) say, fiom tbc n iddle or towards the end of
sjiiiiiu' till the middle or end of ()etot)er — are spent by them in those waters in breeding
^iiiil in rearln;; their younff. Duiinir this tii;if they have their rookeries on the Islands of
.■si. I'lml and .St. (i(orf;e, which constitute the I'ribyloft ifronp and biloiifj to tiic Ui\ited
Slates, and on the Comin.iiider ls| mds, which bcloiiL; to Kussia. Hut the innnbcr of
aiiiiiials I'lsoilini^ to liie latter gionp is small in coinp.irison with tbat resorting to the
fiiiiiK r. I lie rest of the year they arc supposed to spend in tbc open sea south of the
Aleutian Islands.
Their initial 'on nortiiward, which has been stated as takinu; plnci! duriiii^ the sprin;.;
iiiid till the middle ol .lime, is made throu;.;li the numeinns passes in the ioiia; chain of the
Aleutian Islands; aliove wheh the eonrses of their travel converge chiefly to the I'ribvloff
i;iiiup. During this mii;ration the female seals are so advanced in preijnancy tbat thev
umcially '.:ive biith to their youm;. which are eoiiimonly called pu|)s, within two weeks
alter reacliiiii: the roikeiiis. IJetwecp the time ol the birth ol'the |>iips and of tbc cmiirra-
tion of the seals Irom the isianils in the autumn tbc females are occupied in sueklintf tlieir
}<nin_'; and by far the lai;/est part of the seals Inuiid at a distance from tijc islands in
I'll hrin:.;'* Sea duiinu the summci' and laily autumn an females in search of food, which is
made doubly neeessaiy to cnalile t belli to suckle their yoimi; as well as to support a eon-
(lilioii ol renewed prcijiianey, which btuiiis in a week or a little more alter their delivery.
'I he male seals, or liiills, as they are eommonly called, leipiiie little food while on the
isliud-. will re they remain '.^nardinu- their harems, watcbini; the rookeries, and sustainini,'
existence on 'be laii;e amount of blubber which they have secreted beneath their skins and
uhieli is j;ia(luallv absDrbed during' the five or six siieeeeding i..oiitlis.
Moreover it is impossible to di-tinguish the male from the (c'male seals in the water,
or |)rei:nant lenialc> from those that ari' not so. When the animals are killed in the water
with firearms many sink at once and arc never recovered, and some anthoiities state that
not more than one out of three ol those so slaugbtcicd is ever secured. Tbis may, iiow»
ever, be an over-estimate of the number lost.
It is thus iippaicnt tiiat to |)erii:it the destiuetion of the seals ny tiic use of firearms,
s,or other misehievous means in l{ebrini;'s Sea would result in the specdv extermination
. the race. Tlicie appears to be no diflcreiice of opii,ion on tiiis subject amoii^ experts.
.And tbc fact is so clearly and torclblv stated in the lleport of the Inspector of I'^sberies
fur I'ritish C'ol'imbiii of the '"ilst of Deiember, I ss(), ilml I will (|U(ite tbercfmui the
lollnvvini: pertinent passiiLjc: —
"'I'licic were billed tbis year, so far, fioni -Kt.dOll to "id.OOl) fur seals which have been
taken tiy schooners Irom San l''raneisco and Victoria. The greater number were killed in
llcluing's Sea, and were nearly all cows or lenialc seals, '{"his enormous ciitcli, with the
iiicKase which will take place when the vessels fitting u|) evi'ry year are readv, will, 1 am
iiliaid, soon deplete our fur seal fishery, aiul it is a great pity that such a valuable industry
Cdidd not ill some way be pioteclcd."
'Kepoit ol Tho.nas Mowat, Inspcelor ol Kisluiics lor liriii~b Columliia; Sessional
Papers, Vol, I,-.. No. Mi. p. 'JiiJ< : Ottawa, IH"^".]
Tic oidy way of obviating the biineiilable lesull above preilictcd appears to be by
thel'nitid States, CJreat Ibilain, and other intercsttd I'owcis takiiii: eoneerted action to
pre\eiit their citi/dis or subjects Irom killing fur s, iils with firearms, or other destructive
we.ipons, north of ;']0^ of north latitude, and belwicii llid" of longitude west and 170" of
liiiigitude east (rom (Ireenwieh, during the period intervening between l.'jtii Ajiril and
1st November. To prevent the killing within a marine bell of forty or filty miles from
the Islands during that period would he ineffectual as n preservative measure. This would
clearly be so during the apiiroaeli of the seals to the Islands. And after their arrival there
such a limil ol protection would also be iiisiilliciciit ; ^iiiee the rapid progress of the seals
lliiouyh the water eniibles them to go great distances fiom the islands in so short a time
Hal it has lueii calculated that an ordiiiar\ seal could go to the Aleutian Islands and back,
ill all a liislance of .'('id or '}(•(> miles, in less than a day.
On the I'ribylutl Isluiids themselves, where the killing is at present under the direction
net
of till
174
of the Alnskn Commercial Company, which by the terms of its eontiact i« not pcniiitlcd
to take oviT 100,000 skins n year, no feniaifs, pups, or old luills arc ever killed, and llms
the breeding of the animals is ;iot interfered with. The old hulls are the first to rcneli the
islands, where they await the coming of the fen'.ilcs. As the yoiiiij; hulls arrive they ire
driven away by the old bulls to the sandy piirl ol the islands, hy themselves. .And these
ore the animals that are <lriven iidand and there killed by clubbinf;, so thai the skins me
no perforated and discrimination is exercised in each case.
That the extcrrnin.aion of the fur seals must soon take place unless tliey arc protected
from <lcstruction in lichrinu's Sen is shown by the fate of the animal in other pints of the
world, in the ubsciice of ciMccrted action amoni; the nations interested for its preservation.
Formerly many thousands of Mids v .mc obtained annually from the South I'aeilic Nhind-',
and from the coasts of Chili and South .Africa. They were also conunon in the I'alkland
Islands and the adjncenl sens. Ihil in those islands, where hundreds of thousands of skin^
were formerly obtained, there have been taken, aceordini; to best statistics, since ISSO, l.'vs
than I.'jOO skins. In some |)laees the indiscriminate slauu;htcr, especially b\ use of fnc-
orms, has in a few years resulted in completely breakini; up e,\tensi\(' rookeries.
At the present lime it is estimated that out of an airfjrcgate yearly yield of IH.'i.flOO
."seals fiom all parts of the globe over !;50,000, or more than two-thirds, are obtained Iroin
the rookeries on the Anu-rican and Russian islands in Hebring's Sea. Of the icmainder,
the larger part arc taken in Hehring's Sea, althoui;li such faking, at least on such a scale,
in that quarter is a comparatively recent thing. Hut if the killing of the Inr seal there
with fire-arms, nets, and otiicr destructive implements were perniilted, hunters would
abandon other exhausted places of pursuit lor the more productive field of I>ehriug's Sen,
where extermination of this \'aluublc animal would also rapidly ensue.
It is manilcstly for flic interests of all nations that so deplorable a thing should not be
allowed to occur. As lias already been stated, on the Priliylotl' Inlands this (Jovernmenf
strictly limits the number of seals that may be killed imder its own lease to an .\ineri<an
Company; and citizens of the United States have, during the jiast year, been arrested, and
ten .American vessels sei/.cd for killing fur seals in Mehring's Sea,
England, however, has ai\ especially great interest in this matter, in addiiion to thiit
which she must feel in preventing flic extermination of an animal which contriliutes so nuieb to
the gain and comfort, of licr people. Nearly all un(lresse<l fur seal skins are sent to London,
where they are dressed and dyed for the inarket, and win re many ol' tluin are sold. It is
Staled that at least 10,000 people in that city find profitable employment in this work ; far
more than the total number of people engaged in biniting the fur seal in every part of the
world. At the Pribylofl" Islands it is believed that there are not more than -100 persons so
engaged ; at Commander Islands, not more than .'iOO ; in tlic north-west coast fishery, not
more than '>ii5 Indian hunters and 100 whites; and in the Cape Horn fishery not in re
than 400 persons, of whom perhaps .UIO arc Chileans, (ireat Britain, therefore, in co-
operating with tlie L'nited States to prevent the destruclion of fur seals in Hehriny's Sen,
would also be perpetuating an extensive and valuable industry in which Inr cuvn citi/.i ns
have the most lucrative share.
I inclose for your information copy of a Memorandum on the lur seal fi^berics of the
world prepared by .Mr. A. I loward Clark, in response to a re(|U(".t made hv this Department to
the United Slates' Fish Commissioner. I inclose also, lor your I'mtber inlornnition, co()y of
a letter to me dated the 3rd December last, from .Mr. Henry W. l'",lliott, who has spent much
time in Alaska, engaged in the study of seal life, uj)on which he is well known as an
aulhority. I desire to call your special attention to what is said bv .Mr. Klliott in respdt
to the new method of catching the seals with nets.
As the sidiject of this despatch is one of great importance and of iuunediale urgency,
I will ask that you give it as early attention as possible.
I am. Jtc.
(.Signed) T. r. BAYARD
Inclosure 2 in No. 93.
7^*>M>«' of the Fur Senl Fisherifs of the World in 18S7, hij A. llounrd Clark.
IN the '• Encyclopa'dia Hritannica," ninth edition, the fur seal tishcrics are credited
with an annual yield of 18r),000 skirs, of which 100,000 arc said to bo obtained from the
Pribylofl' Inlands, 30,0 .0 from the Coinmander Islands, 15,000 from the Straits of .Juan de
Fuca and vicinity, 12,000 from the Lobos Islands, 1.0,000 from Patagonia und outlying
islnnils, 500 from the Falkland Islands, 10,000 from the Cape ol Good Hope and places
tiiercal)oui and 2,500 from islands belonging to Japan.
The above statiBtics were conmiunicated by me to the author of the article " Seal
175
Fisheries" in the " Kncyclopa'dia," and Imd liccn carefully vrrified h\ the latest ortieial
.•(■cords ill d hy a personnl interview with Messrs. C. M. I,ampsnii and Co., of London, one
nf tlie |irinei|ml fur houses of the wcrld, anil hy whom most ol the annual |iroducti<>n of
I'lU' seal-.>-kir.s are pluct'd upon tlic market.
A revii'w of tiie sulijiet at this tiiiie (.(aiiuary li^f^S) neiepsitntes hut a sliiiht change in the
iiiiiiuul prodiitioii and in Ihc appdiliontncnt to tiie Kevoia! fisheries. Some of the fisheries
liave increased, while otiicrs have diereiised. Takinir the avrra;;e annual yield from 18s()
to date, i iind tjiat the total |iri)duetion is now l<J2,457 skins, uhtuined as Ibllows : —
Annual Yield of Fur Seal Fisheries.
Piili>lnir I-l.'i]i(U, llihrlri:;'" Sea ., .. .. .. .,
< otriiiiiiiKli 1- I-IiuiiIh Ml.') U<>)il>fn lU-i-t' .. .. .. .*
l«luM(l'< lll'l(lll^lll^ III .liipaii ,, ,, ,, ,, .,
Ilrlti.ili ami .Viiiiiic.iii "riiliii;; llciln iiti luiilli.wrM riiiiM uf .Vliifrlc'ii (includ-
iii'.; i-iili li iit Ciijii' Klittti TV am) Hrlirin^'i Si-a) .. .. ■•
!.ii)iiin M.imis al liMiilh iif Itiii ill' la I'litJi
('.i|M' 111 (iiM)'l llnpr (im lulling iNlaiiiU in Soiitlii'iii Iiiilian Oicari
Capr ilurii ii'^iuu ., ,, ,, ., ., ,,
I'llkliiml Klanili ,. ,, ,, .,
N
fur
iimlipr (if
Sc . SkiiiM.
(1 1,(^7
4,1100
(liale ur.;eii( y,
Total .. .. .. .. .. .. I'.l2,4i7
The Statistics (or the Priliylolf' and Commander Islands ,irc compiled from Reports of
llic Alaska Commercial Com|ianv, .Mr. Elliott's Ueports in \'ol. viii, 10th Census, and in
Stctiim 5. I'nited .''tates' Fish Commission Report, aiul Trade Reports of annual sjdes in
London (" Fur Trade lleviea," |)ul)|ishc(l monthly at No. Il, nond Street, .New York).
'I'lic nortli-west coast statistics are I'rom the animal Reports of the l)e|)artment of Fisheries
III Canada, and from Mr. Swan's Rci)i>rl in Section T), vol. ii, of the quarto report of the
I'liitcil States Fish Con\mis>ioii. Vov Japan, Lohos Islands, Cape of (!ood Hope, and
I'iilkland Islands the statistics are from tlie "Annual .'statements of the Tradi- of the
riilted Kiiiiidom with Foreiirii C'nuntries and Rritisli Possrssions as presenleil to Farlia-
iiii'iit." Statistics (or Cape Horn region are from sealiiij; nierchants of St()nin;;ton a:id
.New London, Connecticut.
Tlie details of the (islieri(?s (or a series ol years are shown in the lollowiiiL' I'ahlc.
(As to the iiuniiicr ol' |)ersons eni|iloyed, it is not ])ossil)le U) ;,'ive details in all eases.
.At I'riliylod' Islands, in I8'S(I, there were .'(72 Aleuts an 1 18 whies. At Commander
Islands there arc ahout 'Mi) persons. In the .Vorth-west coast (isliery 5L'•'^ Indian huntei-s
and 100 whiles, and in the Cape Horn tishery ahout ■»(»> whites, of whom, perhaps, 300
are Chileans.)
Nu.MiiLu o( Fur Sial Skins from l'riiici|)al Fisheries: lf^7l to lhy7.
(Compiled from nfiii'iiil aourcia liy A. II. Clark. No retuiiLi for upaiTt l>liiiik.)
!
o
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o a
i^. f>
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'
le article " Seal
C'tttcli liuidud ul lliiUiili Culuiubiii tL'MuU. | Mu>tly Uikvii m Itchriiig'ii Svu. Sun Svliudulc (A).
176
Tlic second point upon wliich iiiroriiiation is i'('(|iR'<te(i ib "tlmt i>t' tin (ii'.>ti'uctioii I
tliu fur seal, lesultini; titlier in itii exierniiiiation or tiiu (liininutioii ol its yield iu plaets
where it f'oiiiierly aliounded,'' \e.
At till- liej;iiiiiiru; ol' tlie pri'>ent cvnlni y there were jjreat roukciiis of liir ^eal at
Falkland Islands, at the Sjiitli Slietlands, at .Ma><aiiicia, at Soiitli I ieiiri;ia, and at iniiiiy
Other places tliroiifjliout the Antaietic region. 'I'lu'se places wire vi>iieil liy >ealin^-\essels,
and indiscriiiiinufe slauKlitei- ol'lhe animals le.sulled in tlie cxtennnialiim nt' the s|ieeies, or
in such diminution in their nuinlxis thai the li>liery liecame uiipiolilabh .
The details ol the Antarctic fishery iirc ;;iveii in Section "», vol. ii, of fhe (piaifo
Report of the United States' Fish Commission, pp. 4()()-4»iT : in K .port by 11. \V. Klliott
on "Seal Islands ol Alaska," (!, p|i. 117-rJl (reprinted in vol. viii, lOlli Census Kcports);
in "AIoiiopra|)h of North Atnerieaii I'innipeds," hy .). .A. .MKmi (.Misc. I'ui)., .\ii, I'liiled
Stales' Geolojjical Survey) ; in '" Fannintr's \'oyai,'is {{ouiid the World " (New York, l^.'t'i);
in "Narrative of \'oyaf;es and Travels in Northern and .'>outheiii Hemisphi re.»," hy .\iiiana
Delano (Boston, 1^17); and in numerous other works, tu which reflivnce will be I'ouikJ in
the above volumes.
A few men are still living who parficipated in the .Antarctic seal fisheries year." a_!j;o.
Tlieir stories of the former abuiiilatice of fur seals I have obtained in personal inter\iews.
As to the manner of destruction there is hut one thinf; to say : an indiscriminate slaughter
of old and young, male atid fetnale, in a few years results in the bieakin^ up of the liirj^est
rookeries, and, as in the case of Masafuera and the Falkland Islands, the injury seems to
be a permanent one. As an instance, the South Slietlands were first visited in ISIiJ, when
fur seals were very abundant ; two vessels in ii short time secmiiiy; full fares. in \>^2Q
thirty vessels hastened to the islands, and in a few weeks obtained upwards of 2."iO,fl()() skitus,
while thousands of seals were killed and lost. In l^'Jl-2U Wcddell* says: "320,nWt skins
were taken The system of extermination was piaelised, lorvvhen-
ever a seal reached the beach, of whatever denomination, lie was immediately killed and
his skin taken ; and hy this means, at the end of the second yeiu', the animals became
nearly extinct. The young, having lost llicir mothers when only three or four days old,
of course died, which, at the lowest calculation, exceeded 10(),t)t)0." In subsecpuiit yeai>:,
until 1845, these islands were oecasicnally visited by vessels iu se.ireh ol seal--kins, but
never after 1 82'J were many animals found there. About 1><15 the Antaietic fur-seidini;
was abandoned. In 1871 the industry was renewed, ami a few \('--els secured sonic
valuable furs from the South Slietlands, but in a lew years voyages there became
unprofitable. (See sec. 5, vol. ii. United State.-.' Fish t'oiiiinissioii Ki port, p|). )()l.'-l,')8.)
The same story may be told of Masafuera, frum which island alx • •'^,."i()(»,()uO fur
seal-skins were taken belwetn the years J7'J5 and 1^07. (See see. o, i,s above, ]i. 407.)
Captain Morrcll states that in l!^()7 "the business was scarcely Wdih follo.viiig at
Masafuera, and in 1824 the island, like its iieighhour Juan Fernandez, was .ilinost entirely
abandoned by these animals." (.Morrell's Voyage: New A'ork, 1^32, p. 1,';'J.) Scarcely
any seals have since been found at .Masafuera. Delaiu) stales that in 17'.i7 th'.re were two
or three million fur seals on that island. I'jiliott, in his Kiport already 'jiled, j^ives
accounts of earlier voyages to Masafuera, &e. 1 have consulted loL'-books and journals of
several voyages, all agreeing in tlu^ former abundiinee, and the extermination of the fur
seal on Masi.fuera as well as on other Antarctic or southern islands.
At the Falkland Islands both fur seals and .sea-lions abounded, luit there, too, they
were destroyed.
The sealing business at South Georgia was most prosjierous in 1800. during which
season sixteen American and iuiglish vessels took 1 12,000 fur seal-skins. Though not as
important a rooki'ry as some of the other islands, considerable numbers ol fur seals have
been taken from South Georgia. Since 1870 suiiie goo.i cargoes of elephant seal oil have
been taken there.
Fu seals were abundant at the Tristan d'.Acunha Islands at the begiiiniiig of the
century, and because of the almost inaccessible caves and rocks to which they resort a few
have J'.irvivtd — or, at least, as late as 1873 a few were annually taken there.
On the west coast of Africa, from the Ca|)e of (Jooil Hope to the KJlh ilegrce of south
latitude, there was until 1870 a coiisideraiilc number of fur seals of an inferior (|uality, but
they are now practically exhausted, the lew skins marketed as coming from there being
taken on various hauling grounds on islets fiirther south and east. (See see. .0, vol. ii,
United States' Fish Commission Hcpoit, p. 41,").)
The I'riuce 1-dward group, Cro/.el Islands, Kerguelcn Lund, an;! other smaller islands
in the Southern Indian and Southern Pacific Oceans, were important seal fisheries both for
* " Weddell't Voyages," p. 130, quuUd in .Section V, vol. ii, quarto Iteport ut United Ajtatea' Fiili Comniiiiiioo,
p. 407.
177
♦lie fur nnd cl('|ilini)t seol. At. none of llii-rn i>i niiy niimluT of souli found to-day. Tlio
IliiU'lisli t'.v|il()riiii,' -lii|) " < 'li;illcnL'<T" visited Ki'iuiiclcn Land in ls7;{.7(;, and icpnrts; —
"Two of tlic winding' scliooni'ls met with al the inland kill'd over seventy hir seals
in line day, and tipwarils of' twinty at anotiici', at some sniall iNlaniK oil llii\\e Islands tu
the luirtli. Il is a pity tiiat Mime disevetinii is not exercised in killin.' the animals, as is
done at St. I'nnI Ishmd. ir JSi hrinij's Sea, in the ease of tin- noilhein lur sea!. I5y kdlini;
the yiaini; nialex and seleetini; certain animals only lor killini;. tin.' nninher ol neals even
in:iy he inereased ; the sealers ni Kerirnelen Islainl kill all they can lind." (Sei; " Ueport
of the Seientifie Kesnits nf the ICxpiorinir Voyai,'e ol' Her ,\Iajesty's ship ' C:hallen;;er,'
IS" !-'fi. Narrative of the Cruise. \ Ol. i, in two parts, (to. I'nhlished hy order of
Ihr .Majesty's (ioverninenf. IsS.').')
In these volumes will he lonnd -imilar relrremc s to other seal islan<ls visited hy tlic
' rimllenirer." In relerriiiL' to .Marion l-laml tlie Ueport sa\s: —
" 'I'lie ruthless nianmr in whieh fnr and elejiiiant seals wen' desimvcd hy tlio siallng
]i;irtles in the early jiart, n| this eiiitiiry lii^ had the «'iiect of almost externiinalini; th(!
ciilnnv that used these desdate islands for lirerdin,' pnrpo-es,'' (N'oi. i, p. li.Vt.)
To reeapituialu : eonterninu; seal rookeries south ol the e<|uator, I niiiy say tiiat there
i< no sinule plact; where any number are now known to resoil except on the Lohos
l-liindj, off I'eru, and at the n.outh of the Kio de la Plata, and on the neij^hhouiing
hiiiiliii'.; ;,'roun(ls at the (litis of < 'alio t'orrieiitcs. Here they are. and have Ioilc hecn,
pKi'eeled hy the Aifjentine Kepnldie or l'rin;nav, and the rookerv appiars to ri main
aliiinl the same size, with little a|ijiarent iiiei'ease or (!eerea-e in the luimli: r oi aniinals, as
may hi' seen hy statistics ol the (iiteh in the Tahle ahove uiveii.
The small rookeries or lauliie: !,'rouiiil-. at l)ie:,'o lia'i ire/. Islands, ( 'ape I Inrn, ni.l the
rocky islets in that viciiiil\. troni |S7<> !o IsM.i m- |,ss,4 yielded some ictnrn to the hardy
sealers ol Stoniiii,'ton .and .New l.ondon, ConneLtieut, lioin which p<nts a hall-(hizen
vessels have hecn ainuially sent. ICveii this last resort of Anu-riciUi sealers is practically
c.xliansted, and oidy hv nnieh search is a pi-otitahle voyinie made there. Dr. ('oppini,'er,
who was at ('a|)e Horn in Im7><-s2 ("("luise of the '.\l<it,'" hy I!. W. l'op|jin^cr:
London, 1 sH.'l), tells ot the ditli< nlties of si alini; at (^ape Ijnrn. and of the piotifs made
when even a few skins .e secured. In ISsO (',i|i|aiu Temple "came ihroic.di the ue-lern
rliaiinels of ratai;onia. havin;,' cnti red the struts .it Tics Monies;"' and on the ( 'avadoiiLra
group ol li.irrcn rocks he says |u' found siciic thonsauds of seals.
Had the f,'r(at sonllicrn rookeiiis Inen prutectcd hv (iovcrnmi nt, it is allnrelhcr
priiliahh', .iccoi'diii:,' to all anlhoiiticv, ih.at they would to-d.iy yield many thmisands of
skins, in some cases eipial to the \aluahle returns of the I'rihy|.)ll (iroup.
In proeecdini,' up the Sontl'.crn Pacific Irom Masafueia we pa -s St. I'llix, the I.ohos
Islands, off Peru, and the (^al.ipa^os jslasids, on which, a-i well as on ollu ;• inlands in that
oeiaii, the lur seal once w.is fouii;!, hut whence it has hecn e\tcrmiiiated. North of the
iijuator wc meet, first, the (juadaloupe NIands, where in 1^78 there were a few for seals,
piisumalily miL'ialions fium the Prihylotl' (Iroup. .Moviiu nortliw.ird, aloie.; the Cuhfor-
niaii and nnith-west coast, the fur seal is found in winter and early spiiiiL; on its w.iv to
the ^reat hrecdin:; i,'romids on tiie Prihyloil l-laiids. It is ihiiiui; tliis nii.:iation thai tiie
Paeilie scaiinu-sehooncrs of I'lilish Colnmliia and San i'rauci^co c.ipluie them, and it is
priiliahl that if the fleet increases in si/c, with a cornspundinu' inerea^e in the nuiidicr of
seals taken, there will ere Ion;: he an apprcciahle decrease in llie lunnher of' seals on the
I'rihyloff Islands. This cannot hut he the rcsuli, lop many seals are killed and not
pceiired, anil there is the same indiscriiuinatc shniuhlcr as t'citards youiiu' and old, male and
female, that was practiserl at the sonthcin rookeries. I he stalislics showiin; the present
L'rnwiiiu; eoudilion of the uorlli-wcst coast tislury, and tiie ell'orls of the lislierinen to
tiillow the seals even into IJehriiiLis .Sfa, are already a matter of I'eoril, and iiied not he
repealed here, except to liter to the .Annual KepiUls of' the Depntment of I'l-heries ot
Can.ida In the Keport lor |."^>'ll will he liiund (on p. 'Jl'.lj the nanus of the British
('(ihnnhiaii fleel. au'i,'rei:atinL; 20 vessels, iiianni d hv 7!) sailors and .')sil hunteis, .imi
eateh is niveii at .'5^.1)17 skins, as eoinpaicd with l.'i vessels, taking l7,7lH) skins, in
.Mr.
their
sy2.
wan in
Fill) ComniiuioD,
The American vessels in this ticel in 18'<0 and their cuteh is ^mmh hy
sec. .'), vol. ii, of the (puutn Uepnrt of the United States' Kish ('oiiiiiiissi.iu.
It is not necessary that I refer to the condilioii of the rookeries on the PrihylotF
Isl inds. There can he no question coneerniuL: the advisahility of re'.;nlaliiii,' the iiuniher ot
animals to he kiiled. and the sideetion of such animals as will not inleilere wiili the
bieediiiLT of the species. Tile hi-tory of the Isl, mils at the heLiiiminn' of' the century, wdieu
there was an indiseriminale slaiiiihlei ol' lur seaN, and the pioleelion of the aniuals iu
lf^(l>< and thereafter hy the itussian anil .\ineric.in (iuvernineuls, i~ fully told hy
Vcniaminov and hv I'iUi tt, and need not be repeated here. ^Neniauiiuov's '" Zipieskie,"
[IL'8] ■ L' A
178
&c., St. rcter»l)iirnh, 1H42, vol. ii, p. .OfiH, (|iiotf(l liy II. W. Klliolt ii) " Sfiil Islands of
Aliiskii," p|). I 10-1-4.', Vol. viii. 'IVntii ('(•ii-*ii> Kcport )
Tlic ('omiiiMiiilcr lsl:iM(K (I'u'liiiiii; .iiid ('ii|i)i('r Uliinds), in llrliiiiiij's .Sen, and Hoblicii
llcof, IKMC .^^au'liidii'ii. in llic OklioNk .Si.i, ^nc leased by tlie Ala>lva ('(iiinneieial ('(nn|isiiy,
and HIT prolecled by llie Kn->iai: (Joverniiiiiil in n ucli the >;nne manner thai tbi" IVibyloli
Islands arc pi'itecled by llie I'nitril .'<laVs' (iovernincnt. .V desciiptiiin of the mhI
illdustrv <in tiiose islands w tliven bv I'lcitessur Nordenskiuld in " N'ova^^i' ol llie \ emi,"
n liMiislalioii ol a piiClion ol bis I{e|i()it beioi.' uivcn by Mr. l-".ibolt on pp. lO'.MI;') in
"Seal Islands ol Alaska." .\t Kiildi; n \\vi'( it is iMipo>Kil)ie to ('-labli-b a stulion. tlie
rock beni^' ollen wave-washed; but ll c Alaska (.'oinpany send men flieri' in ibe s-cuMin, to
gntbcr Ironi l,.")Oi» to 4,11(1(1 skins each U'ur. The aitelit ol the Knssiaii (Jovernmeiit
coid'ers »itb the Alaska Coinpany's au'ent (nicIi year to detertnine tiit- ntiinber ol' sknis licit
shall he taken in the Cuniniandi r Islands.
'J'lie seals tid\en by tiie .lap:inese ,ire those niiL'iatin;.: IVoin the ("(iniinatider ( iiiiii|i,
and are not secured in larue nuinhi'r<, the averaije benii; about I. (1(1(1, thmmh soni(! years
as many as 1 l,(i(»0 are taken.
Schedule (.\.'l — .Mkmoiia.vdi M of Seal-skin Sei/.nrcs, Vessels, &c., in Hehrinu's Sea,
in Ivs7.
No. Uis.
Nam'-.
N lit lull.
iijiicr.
Ciil'l.iiii.
(loillT.
S. l/.(l.
ll.ll. .
Srnl.,
1 Sl.ntll
W. p. .s«.«oril..
llriti>h ..
M
(•,.-,. II. T.rry ..
J. D, Wirnn .,
ItrTftitM-Atfnmt'i
July ID
47;
srtiixttifr
"ilU'.h"
2 Ditto ..
.\ till.' II.. 'k
..
.ir,
l.ouiH OUrn ..
>i • .
f* i»
.. 1
.1.K
J Ditto ..
Or»... . .
.. • .
"fi
Will. I'ltil
.. • i
• 1 it
„ IH
m
4 Ditto
Dulpliiu *.
..
r<i
.1. |l. Wiirr.n ..
.. • •
„ n
,. 1.1
i.it.
A SplllHIlUT .
.MlVi'il .Atliini" ..
lis
W. W. II,, r ..
J. (iiitcmnn ,,
■ • '.
Alll( 12
\.r,')
4 Ditto
A. In ..
•1 •■
r.:i
.1. Oiii.liii
.1. ll...kowili ..
Stiduttr" Bfiir"
,. 2:1
i.(i;«
I...tli. Kairti.lil' .
I.iii.l. \. Il.iilgli.
., -Uu*!!"
7
Ditto
(Iiulli'lli;. r ..
A ri.'an .
311
II. II. .loil.'« ..
.\. Il0llllli1!l% ,.
• 1 •!
■*»
41.1
8
D.llo ..
I.ilv 1..
f. ..
r.:!
J.W. Ti.il.l
Ii. W. I...ld ..
M
July 1
Ul
9
Ditto ,.
Annie..
) • •
■J.'i
II. Ilr.oiii
Jii«. LiiHiii ..
It 11
., .'.'1
ins
10
Ditto ..
K.<t.' iitiil Aiintr..
lii
(liii^. I.titj.n
Clm*. l-.itj.-n
.. ••
Aii(. II
:)ii4
II
Ditto ,.
Kll.n ..
.1 ••
12
T. 11. Wihtwortli
(i. W. l,ylivjil«l..
».
.. 12
.'.;;
12 1 Ditto ,.
Alplia..
•• ••
20
Ja.. Tultun
Jii*. T..ltiii
J. v. (i.irvin ..
.. 12
,. 12
13 Diiio ..
:^all J.i«.' ..
., ..
;.i
J. S. I.rc
J. S. l.ff
J. 1). OriHin ..
"
„ 23
S'Jl
II 1 Dill.. ..
Are.! Dolly ..
.. ..
IS
A.lulli'ii
••
0. it, Tini:!..
Tr.H". .Vn.'iit
.1
Kii
15 1 Ditto ,.
Alli.^T. Alter ..
It »*
70
('. K. Rnvnor ,.
Sli-nniiT ■' llptir"
25
I..VJ4
16 . DiitQ ..
1
SyUiu lUii.l) ..
OS
J. Ii. Cathrul ,,
L. N. Hnndv nnil
Sm
.. M
Sep.. 2
I..V.1;
ll.IIW
M
\ . ..mI tiol .■«|.lurt-.l
AuRivAi. of Scalinir Schooners from Bclirinij's Sea in 1RS7, as far as reported to Oefoher .'),
Iss7.
Aiiiviil at — ■
Niiiiic ol* SclMK)tU'r.
NuiiiIht of
.skins. 1
l*i»i"t 'r<)wii»(M»l
Vicluiiti
t- • • •• ••
„ .• •• •<
li.itli..
Miiiylinlr
I'lillililiil.'l . .
rnit 1' 11'.. . . • .
I'litll-n l)i;ltMltl(l ,. ..
.Mi.iiiitiiiii ciiii'r ..
1,1. nil' Ktiirliiltl
.\(li!
I'liviiiitr .. ., ..
'rrrcm .. .. ..
'rniiiii|iii ., .. *.
City III' .Siiii Oil go • • • •
Vaiiderljlit. . .. ..
7(1(1
l.(l(l(.
2,;i(iii
l,.'i(HI
7o(t
2,1107
I, .1.10
1.KN7
1,21(1
18(1
1,IS7
I.oOU
17,242
Itrcoiiitiilaliiiii. lis ri'inirtitl up to OctobtT 5, 1sh7
SkitiK si'IzinI . . . . . .
Skins landed • • • • • •
11, '.mo
17.242
TotJil
20,211
I Isl.imU of
,lllil KkIiIk'II
tl ('oiii|)Riiy.
llu- I'liltvl.iri
ut' till" M^al
r tlif Vi-i.."
. lU'.l-l l.'i 111
1 slut ion, til)
lie >i'iiMin. Ill
(iin-rriiini'iit
ut' skins lli;il
lIldlT (iriiii|>,
li sdiiitr vi'ars
ritm'rt Sen,
Juljr III
.. ■!
v.r,
„ IK 1
;o<i
1 •• '•■• 1
i.iK
Auf. 1^ '
^^•^)
,. Ml
I,*;*
-,
in
July 1
lii
., i'^
I'.ii
1 Aug. II
.W4
1 „ n
.'i;7
' i'.*
IM
" 12
rii-o
„ 23
K'Jl
., 5
i;k
' „ i!*
i,:.M
Sept. i
1,.VJ7
— —
ii.'jr.y
to Octoticr 5,
l,',)f.9
".'.Ma
9,211
179
liiclosiirc .'t in No. !)'t,
Mr. Ellinll III Mr. Iliiiifirii.
Sir, Sniillisn)iliiii liisliliiliiiii, W'nshiiiiiliiii, !).('. ihifinlur '^, I8H7.
ni'HIN'i till- com-i' of inv i xlimiiil ^tii(lii> ol' llic Iiii-mmI on iN liricijiii;; iind
iMiililii: LToijiiil- ill Itcliriliu'^ Sr:i, I «ns Icil riiiliiiiillv inlu a vitv cMicriil cxiniiiiiMt'on
( (' llic Milijict nC iN |iri)|, ctinii null |ii'r|i((iiiilii)ii. Tlii* iiivi ^ti'.'iitiiin 'iiii-.cil iiu' to
'_'iv(' iMicli sittt'lition tlu'li to tlic cltcct wliidi ]iilii'.'ic m'.iIIii'.' would li;ivc ti|Miii the
\\''ll-lniiii: iiml tlic coiiM-rviitiiMi nl' llu'»c !iiiiiiii,ilini>, ami viiluiililc •iilii(-t-. ol' our
(liiviTMii'tMit lis wf view tlicin ii|i(iii llic I'ril.violl Lri(iii|i
Wlii'ii |in'|>iii'iii'.', ill IHMl, II tiiiiil iiriMiiu'i'iiii'iit of my (ii'lil iiotrs ;inil iiiiiiiiirnndn
Uiy |iiilillciitii)ii ill iiiv A!oiio;rni|ili nl llic Siid IshimU ot Aliiskii (lotli (Viimis I'.S. A.),tlio
luir l'iiili-«iir liiiird sii_'.;cstcd lliiit I omit llic ili«.Missi()ii oj tl.i< IJicliic pf |icl;i;ric sciilini?,
I: ( :ui»c it iiiiiilit >ci'\c to invite ,111 .'iitiick wliicii othciwisc would ncvr lie inndc upor
liii-i' |ir'."-cr\c-. cfiiur (lnvcrmiK'Ht,
Tliis iill.ick. Iiowcvcr, lias lecciitlv liccii made, and the lliiiu;,'lit oe •urs to iiic now
I In! a lil'ief e|iiliiliie of my >-tudy of the edrcl whii h Ilii-i |il:m of sealiiitr will liMX'c ii]ioii the
inliixiilx' iind valiie of i.iir liii-heaiint; iiitere.'-lt. in lii liiiics .*»ca— that such a hiief.
Ml uidiriitc, stii'cuii'iit wil! he of service to joii. I tiicrclore venture lo |iresent tiie
liillowie'.' tn»nscri|it.
It i^ now well iiiider>lo(id and iiiii|iiestioiied
I . Thai the fiii'-si al ot Al:i>ka is ulili^eil to haul out anniiidlv u|i(iii llir I'rihyloU Islands
'..r llie ]iiM'|ins'' <if hrecdini: and slirddiny its |iela.:e.
■_'. That Ir.im the lime of lis deiiailnre fniiii these inlands in the aiiliiiiiii of every year
ii'i to lie line of ils lelirii to llu^m in I he follow in;.' spiiii': it l.iiids iiowlicio i Ne.
'■'. That it arrives f'/i i;i».v.v(' ii|Min tliisi' isl, mils m . I uiie and .Inly, and departs frnm tlieiii
111 ( •ctiihcr iiiid Ndvemliir.
A. 'I'lial when leaving' the islands in the fall il heads directly liir, and rapidly passes
out from Helirinir'sScii into, the waters of the North Pacific Oecnn. Its paths of travel are
hic-liiiis Iriitii Ihc I'liliylotr nioiip to and tlirmitih the nnmcious passe- of llie Aleutian
Ar(hipilai;ii ; the pasM s of Ocinimak, Akoolaii, Oonaliia, <)iiiiiiiak, and the Four
Mmiiilains are most fa\iiureij liy it.
d. That it ictiiiiis from llic hroad wasles of tlu' .Ninth I'acilic Ciecaii liy these same
;alhs nf dcparlnre.
Thinloie, if you will 'glance at the Map of Ala-ka, you will ohscivi> that the
iiiiivcr^'cnee and (liveri;\iice ol these watery paths ol' the fiir-scal in liehriny's ,'^ea to and
I'liiin the Seal Islands iisemhlis the sprcail of the spokes nf a hall-whc, 1 — the Aleutian
•li.iiii fi.rins the felloe, while the huh into which thisc spokes enter is tin- small I'lihyloff
::iiiup.
Tiiu-- villi can see that as tiiesc watery patiis of the fur-seal converse in neliriiig's Sea
ilirv, in so doin;,', lajiidly and solidly mass to'^ellier thousands and tens of thdiisands of
widely sealtcri'd anitnals fas they travel) at points /lO and even lOtt miles di-tani Ironi
til 11" kerics of the Seal Islands.
Here is the Ineatinii and tiii' oppnrtunilv of the pelat;ic scaler. Here is his chance to
lie at aiiel.or over the shallow iicd of Helii iiiu' •• Sea. 'i(l and 100 miles di-tanl liom the
I'rdiyloil' frcDup, where he has the liust holdinii iriound known to sailors, and wlure he can
riile al any weather safely swinjiiiir lo his cahle and in no daiiirer from ii lee shore
if it sluiulil slip. The immediate vicinity, however, of the .Mentian passes i.s daiiiferous in
Uic extreme to liiin. There he I'lieouiitcrs tcrrihle tide rips, swilt currents, iind furious
liidcs formed tlirouLdi the I'litinnees, with the very worst ol rough, rocky, hiildini;
ground.
iiiit up here, anywhere from .'i to llin miles sniilh of the Seal Islam's, in iHliriusj's
.*~ia, ill that watery road of the relmiiiiiir fur-seal millions, he has ii safe and fine
luiat'on from which t'> shoot, to s|ie-ir. and to net these fur-hearing ainphihiaiis, and
«\liei'. he can woik the mo-t complete ruin in a vciv short time.
liis]iower for dcslriietion is still further auu'inentcd hy the tact that (hose seals which
are inn-l lialile to iiici I his eye and aim are female fur-seals, which, heavy with yoiui',', arc
here slowly ncarini; the land, reluctant ti.> haul out of the cool water until the d.iy and hour
arrives that limits the period of their gestalion.
The pelagic sealer employs three aueneies with which t:i ;ccuie his ipiarry, vi/. : lie
>(ii(ls nut Indians with canoes and spears from his vi ssel ; he uses rifle and hall,
^luit-f,'inis and laiek-shot ; and last, hut most deadly and dcslriietivc of all, lie spreads the
" '^ill-net " ill favourahle we. ilher. ■.
[l-.i8] 2 A 2
ISO
Willi i;ilUn(*tii, imdcr nin liy ii llri t (it M'iilcr-> in Hilirinu''- Sci, ihton') {'-.iw
cniivciKiii',' [liiiliH of flic lur-M.il, iliyrtlicic Ikhii ■■> In lIMt iiiili s sdutlMilv Ihpim iIic SchI
Isliiiul-, I aril cxtrt'iiicly iiKiilci.-.f in ••nviiiu: tliul micIi ;i lli'cl cimiIiI hw' vvoiilil iill(tlv rum
tlic t'iii-s( m1 niokciic'* dl' till' I' iIhIoH IvNukIh in l('«-< tiiiu- tlinii ilni'c or luiir ^Imit si ii..i)ni.
ll'tlii-f 111(11 wrw iiiiclicckcd (VciN (odi ol lliiit wiilciy iitca (if riir-''i ill tiuvrl in Hcluiim's
Sim (iIhivc iiuMcutcti coulil niid would lio inivi-iM'd l.y iIu'm; dciidiv iu't». iind ii seal would
sciirccly liiivc one cIhiiki; in ten tu sid'cly piix* siicli it cnrddii in iitt(iii|i(iii',' to i;()
and I'ctnrn Iroin its liucdinu' liuunts.
()|Hii lliisc wiitrr- dl' Hi liiini;'!* Sea to iiii(h((Kcd |i('lin;i'- m Mliir.', linn a llicf ol'
hundreds ot' \ cs^cN ■.tdinicis, sliips, sclidiiiii r>, ::>i(l wlial no! — '.mhi'iI iniiiH'dintcly
vcrtuic iiitii llioiii, licnt ii|M>n tia' iiid<t vi^oriiiis iind iniiiNciiiiiiiiatc >l.iiii:iil< r ol' tlicst
Ullil.ia!-. A lew MM«i)iis ill', 11 cl llic ukv (lii'st, iii|iinc, tin ii imlliinu' lilt "I iIhit wiiiidr: fill
and vaiiialili' int('r(>t'< ol' IIk' |iiiiili(' uliicl' iin; now so liaiiii'<(i'!<('iv ciiiliii lied km iIic Seal
IslaiuU. (inanii'd and (•(iiiscivid us llicy :i\v to-d.iy, llicy will |;i«l ini' :in iii'lrliniU' liiii- In
conic, dlijccts of the liii:licsl (■(imiiicici il value ai'il :;dnd In llic wnild, and siiiijei'ls (or llic
nid.st laseinatiii;^ liioloiiieal sliidy.
It is also well to imte tin- liict tliat not nil eli;;ilile aeie of land is lian'cii nut lidiii
setflenient or any oilier lit use liy our |ieo|ile, and not a Ica'^iie ol' wiiler is cIommI to any
le^iliinati' trade or coiiiiiicrce in all Alaska liv tills iietioii ol' our I ■o\eriinRiit i;i tliuii
proti'clinu llic liir-licaiint,' loi l<eii s olllie l'iili_\ loll' i:roiiii.
Siitli are llic lads in tliis c iniicctioii. 'I'liey are iii(li'|Mitalile. No iiilelli.'cnt
uns(lti»li mail will advoitilel'dr a iiioinciit tlic iiilicy el (le:.lruetidii in llii^ insluiiee ; lie
never will il liilly aware nl the iaets lieariiii; iiii (lie i|iicslidii.
'I'lierc are only ti\o parlies in this eonticiveisv. The partv of ih striutioii dcinaiuls
the fnil riulit to iiiH'!ietd<ed ,pi|iii;if sialini: in l>cliiiii;,''s Sea, while tin; party oC pveservaiioii
dcinaniU the siippri'ssion ol'iiiat sealin<r. ('(Miiiiient is iiniieeessiiiy.
Verv Iriilv, \c.
(Siu'i.ed) ■ IIKN'KY W. KM.IOIT.
No. !) I.
Sir I,, tt'r.it l(t llii' .)/(/((/i//.< fit' Sali.slnirij.—iHrrr.ri-d h'lliiwirii '_'l.)
My Lord, H'lisftiiiiilnn. i'rliiiiiiiij 10, IfS*.
I ll.W'l"", the; liononr to inelo^e to vour Loriisliip herewith an arliele liian the " Nciv
York iiirald" on the Hehrintc's Sea seizures and elo«i d sens,
i have, \-c.
(Signed I !.. S. SACK VI 1.1,1 : WKST.
Iiiciusurc in No. IM.
Ejlriirl fiam llir " A''»' Ymli llmilil " (if i'rhriiiiri/ x, 1 iSS.
C'l.osKD SicAS. — All Ottawa despatch states that I'rofessor iJawsoii is on the way to
Washiimton, ns ai'ent. ot' the Caimdian (joveriiinent, in relatioii to eoinplaiiits (it that
(Jovernnieiit iihont wroii<;s siitlered hy sdiiie of iis people in Alaska.
'I his refers prohal'ly to the seizure of a iiiiinl er ot Canadian senling-Mssels m In Iirin;^'s
Sc.T and their einideniiialidii at Sitka. The "Carolina," "()iiwanl,"' and "'riidinlnn," all
eonfessedly Canadian scalers, were seized in August is,*(i hy an Anicricaii l!evciiiic-( iillei',
while over (iO miles from land, in liehring's Sea, and were later eiinilcmiied hy the I'nited
States' Court. .Ahout the same lime several .Viiieriean scalinii-xessels — the ''San l)iei;i), '
"Sierra," and others — were also seized, undei' similar cireuiiistanees, and also eoiideiiiiied.
Kurly in 18^7 the Trcsident ordered the (liscdiitiiiuanee ol the proeeedinus against the
Canadian sealers and their diseliaige, hut the Anieriean ves>sels captured and condemiied
were ludd. Suhse(pientlv, in .Inly \HA7, live other ('aiiadiaii sealers — the "tjr.iee,''
"Dolphin," "Alfred Adams," " W. P. Say ward," and "Anna IJeeii "— were .seized, also
at a distance from land. For all these seizures, and the losses inllieled on the owners and
crews, damages are claimed hy the IJritisli tJovermiienl. In eonsideriiig these elaiiiis, tlic
()uestion whether tlic United States eaii hold Ikdiring's Sea to he a closed sea turns up.
Wc suppose that if it were not for a desire to preserve the valuahle lur seal iisheiics
this question would not he raised, hecausc IJehriiig's Sea, geogruphically, is [)laiiily an
integral part of the Pacitic Ocean. Russia, when she owned both shores of it, may in'.ve
lit
il.iiiMitl it lis a i-Iii«(il si-ii, jii^t IIS S|iiuii oiuc I'iitliiu'd llii- iM'lii^iM! ii;;lit tn iiavi^Mlo tlie
uliiilc I'licitic OciMti. Milt in iimiiIciii tiiiicN >ii('li ('laiiii> liiivi- i.ccii ('iiiiMilcrti! |)i'('|i<i'<tLTiiii!4,
.111(1 liiivc lici'ii «liflv('il. Our iiwii (MiviTiiincnt Iiiim In en in liic juist niost |i('rsi-tvnt in itn
(i|>|iii>itiiiii III " till* Iii'ikIIiiiiiI " lliciiry, iiiiii to the a-scrtiiin liv utlicr I'liwcis dI' cxi'liisivi!
iii^lit- to watrl's ni'icli iiinrc cloocly hiiiil-l ml tliaii tlii' it('liriiiL;'s StM. 'I'lic I'liili'd
>t,it( s were tin' lifht to icsjst llic riiiitii^ nt llic iJailiaiy I'liwci's tti atlnliiilc liir I'litriinrr
ilu Mcditiiiani an. Our (Kivciiiiiicnt rc-i-tril the |iayiiir;it (if tiic " Siiuiid diii's " to
Diiiiiiaik aH " iiiciin.ii^ti nt witli jiwt piiiK JpliH ol' iiitrrnalinnal law," and a-siitcd " tlie
Ircoldiii III till' llaltic .^(iiiiid," and " ill^i-^t^d un tlii' i'i;;lit. iil IVi'i' tian~il Mitn iii:d lii'iii tin..'
Haiti.'."
Liitcr, the I'nitfd States rvi'ii ril'ii rd to ackniiwk'ilu'i' tlic ri:.dit ol 'I'liikrv to excludu
mil' vi'-'M'U rroiii the HIack Set, mid \\v have iilwiiys ril'iiied to ackninvk'iL'i' (iri'ut
lliilain's claim tu niakc the (iidf ol' St. Ijawreiicc a climid water. We do not Mi|i|iose,
llicrerore, that the Oovi'inineiit will deleiid tiie sei/nre iil the ('.i.idian >eali'i!4 on tiu;
L'li'iind that it eiiii |iri'vi'iit loieiiin >lil|i-- Ironi enteiim; Hi liiiim's ^■v . or Irum lishiii,' or
"' iliii'.' ill it lu'Viiiid .'t niiirs Iroiii tin >lioii'. That northcni i Meti-ioii >>, the I'.i itic ilccaii
i<, it x'l IMS til lis, iiiidoiihteilly an o|ieii .sea, in v. Iiieli .dl iialinii^ tiiir> Ireely sail .iiid li-.li,
ka'jiiiii; outside the .'l-niih' limit.
Thr |iri'srrvi\lioii of the sr.d lisl' ies is, of ciiiirse, ol" r'st to the (io'.eriinient,
wliicii di-iUVM a •■<'veiiiii' lioni tlnsc lish^Ties sullicii nl, ue hclieve, to pa' the iiiurest on tin'
nist oC.\. -:.
It hat ol'teii lieeii ini."(l that, it' any on.' may eaiitiire seals •;, the lit'hriiitc'.s Siji, the
..'. iiiitU uill soon heeonie extiiiet. So the Canailians i'e|iri'.seiit tliul if our mackerel lisiieiH
arc idiowcd to ii-e the (lull ot' St. I.avsrenci', the mackeiel fi-hery there will he destioyeil
Inr tin' ( 'aiiadiaiis, the .\iiieriiiin seines di'«tioyinj;, as they alle:;!', the youilju; I'.sli. \\ e
have not notieeil that nun li attention lia^ lieen |iaid here to this iihit of the ('aniidi.i <.
IVi'liaps, if our lishernieii will a'.^ri e imt to tisii in Canadian \vater>, tiie Canadians
will a^'ree not to seal in Hilirinu's Sea.'
.Meiinliine, there is a hill ol' dainaices on eaeli side; for tiie Canadiiiiis havu deult with
i;rc'at seventy, nut to say hriitalily, with our fishermen in tiieir waters.
No. 'J.').
The Mtirijuis of Sullxliunj fn !<ir L. IIVv/.
Sir, Fon-ujii (Ufiif, h'l'bruitnj 'I'Ji, 1H8S.
1 TK.AN.^Mrr JKTi'witli, lor your information, a copy ot' a letter from the United
.*>tale>' .Minister in London," inelosinir a copv of a despatch addressed to him liy Mr. llayard
the "til instant, in which attention is called to the necessity for the adoption ol measures
the protection of the fur-seals in ikdiiing's Sea.
I am, &c.
(.Signed) S.\I,IS1UJRY.
on tli(
I'oi
No. 96.
The Mnrijuls of Salixbunj to Sir L. West,
(Kxtract.) I'nreitjn O/A'.v. Frhninrij 22, I.'^SS. '
'I'lIK I'liited States' .Minister called to-day it the Koreiu'ii Otlice, and sjiokr to me
iihiiut the (juestioii of the protection of the fur seals in Ikdiriirj's Sea.
He said that the dillirulties in rei;ard to llie -cal lisheries in that sea were inainlv
cmiiicctcd with the ipicstioii of the close liine, and that no atti lopt had been made hy the
;iiitliiirities of the United States to stop the lishini; there of any vessels at the time when it
Was k'Ljilimatc.
.Mr. ['helps then made a |iriiposal on the liases cmhodied in ,Mr. ISayard's despatch
of the 7th I'Vbruarv, u copy of which accompanies niv [ircvious despatcli of this day's
dute.t
.Mr. Bayard there expresses the opinion that the only way of prcventin;; the
ilcstniction oi llie seals would lie hy coneentratod action on the jiart of the United .States,
('itat Ikitair, .iiid other interested I'owers to prevent their citizens or suhjeets from killing;
• No. 93.
t See No. 93.
]S2
f'uv seals with Cin'-nniis or otiicr destnictivo \vea))ons nortli of 50° of north hititiiclf, and
bftwc'iii l()0"()f loiigitiHlc wpst and 170" of lon:;itii(lc cast from (Irceinvich, durin;; the
period intcrveninir tietwcen the I'dli Afiril and the 1st Novonihcr.
I ex])r('s-;i'd to Mr. I'licips the entile readiness of ller Majesty's Government to join
in iin Aufceiiieiit with Uiissin and llie United States toestahlish a close time for seaNfishing
noith ofsonic latilnde to he fixed.
No. 97.
luiri'iijii O/fi'rr tn ('iilniiiill ()//irr.
Sir. h'orrlfjii OJ/in; Mnrrh .",, IS^S.
1 .\M directed hv the Mari|ii!s of Saii-~lniry to transmit her.uilh, tor the information ol
Secretary Sir II. Holland, a eonv of a letter from the I'nitcd States' Minister in London,*
ilielosinij; a copy ol a (ies|)ateii aldresseii to him hy .Mr. Ii.iyard on tile Ttii ultimo, in whieli
attention is called to the iiecosity tor the adoptiiiii of mea'snres lor prolectiiiLr the I'nr seals
in B.'hrinir's >Sta.
I Jiin ut the same time to inelosi' a eopv of adesiiateh which has heen addressed to Sir
L, \\est,+ repeatinir the sid)stan<v of what passed at an iiiter\ieA' hetivcen Lord Salisbiirv
and .Mr. I'lielps on this (piestioii on t'.ie 'i'2\\i\ ultimo.
I am to reijue^t that in lavinu; these papers hel'iiie Sir II. Holland, yon will mi>ve him
to furnish Lord ^alishury with any ohservations he may have- to "tier on the suhj(;et.
I am, a'e.
(Siitncd) .K Ll.W PAUNCHFOTK.
No. \)K
The MfirijUhs nf iSalishiirii to ^f. ili' ^'laal.
My dear Amhassador, luircinii ()//irf, Mincli •">, lMf^~.
I INFOK.MI'II) yon a short time ai,'o that the Govermnent of the rniled Stutcs
lind prv)pi)sed nei,'oiiatioiis with the ohjec't of reirulalin:; the catehim: of fm' seals in
Ikhriiiu's Sea.
It would he a source of satisfaction to me if the Itussiiui (iovcrnment would aiithotize
your JCvcclleiiev to enter into a discussion of the matter with .^Ir. Phelps ami invselt'. and
I should he ::;reatly ohli^fed it'yoii would eomiiuinieate on the suhjeel with .M. de Giers aad
inform me of the cleeision at which hi^ Kxeellcncy may arrive.
1 have, \e.
(Si-ned) SALISJiURY.
Sir,
No. 99.
M, (It: Sldi'l to the Mdrijuis nf i^nlishiiri/. — [Rere'ned Miirrh S.)
Cher Lord Salisbury, Loiulres, le 'if I'l'irhr (~ 'Slurs), 18>5S,
.I'Ai en riKmncnr dc recevoir l.a lettrc (pie vonsavev, liien vonln m'ailressei'cn d;ih'
(In 15 .Mars an siii(>t de la jiroposition faile ])ar h; (Joiivernemeiit d"s l']tats-l iiis
d'.\ni('Ti(|ne en viie (In re!j;lcinent de la (inestion de la ehtisse :in\ |ili()(iii«>s dans la iiier
de liehrini,'.
\'olre Lxeellenee m'ayant fail pari dii (h'sir dii (ioiiM'i nement ([v Sa Majeste
l$rit;iuni(pio do voir la lliissie coneoiirir aux arnins'einents fi eoneertor poiir ]ir(''server
do la niine imc branehc (I'indiistric iinporlanic, j(^ in'emprcsserai d'eii informer Ic
Gouvcnu'inent lm|)('rial on priaiit M. de Giers de nie miiiiir des iiiHlrnclions ik'ccs-
saires ])our le eas oil le .Miiiis((''re liiijiL'ri;i! ni'autoriserait a m'assoeier au\ ii(''i,'oeiation<
sur I'ohjet en (inestion.
Vciiilli.'/., k.v.
(SiiiiK'j STAAL.
to til
li^-tl
I'oriT
am t(
to till
ii,...
iii.it,
7tli II
the I
iss:.
vessei
* No. 93.
t So. ac.
183
(Translation.)
Dr.ir l.dvd Snlislmn, Lmx/nn. Frhrmrn 21 (M^in-h 7), IS'^S.
I II.V\'I-1 liad llic liiiii(,iir Id r('cci\c tin- IcItiT wliicli you wci'i' u:iii)(l cnoiii;!! lo
.iililrcss 1(1 ini' on tln' I'rd Marcli icspci'liiii; tlir ])rii|)rK;il inado liy tin' (iovcriiMUMit ol'
llic l^iiitod S1at<'s ol' .America uitli (lie olijcct oC si'ttliii'.; the (picstion of sivil-lmiitin;;
in Hi'lirinifs Sea.
Votir I'lxccUciicy lia\ inn' aciiuaintcd me of tin' desire of Hi-r l?ritaiinic Nrajcsty's
'lincriimcnl to have tlie co-oin'ratioii of l!iissi;i in tiw arraii','!', meats fo t)(> coni'iTti'd
I'ui' llie |)n"^er\af ion frniu ruin of an ini|iorlaiil liraneli of industry, I siiall lose ik»
lime in informing: tlie Imjierial ( lovernment. and I slidl ask M. <le (iiers to fnrnisti
me with the neeessiirv inslrnetions in ease (he |m|ii'i'ial (lovernnient siionld anthorize
me to take part in the !iei;otiaf ions on the subject in i|uesti(Mi.
IJoccive, (fcc.
fSi-ned) STAAL.
\n. 100.
C'dhiiiidI ()f/icc til I'nrciiin OJ/ii'P. — (Hit Irrd Mnrrli 13.)
Sir, Dniriiiiiij SIrrrt, Miinh I'J, 1S«S.
IX reply to your letter of the ."trd instant, f .'iin directed liy Lord Knntsi'oi'd to
:ici|naint you, for the information of tin' .\lar(|uis of Salisbury, that In; thinks it will
Im! necessary to consult the Canadian (iavernnient on tho proposal to cstahlisli a close
linio for seals in Hehrinu's !Sea before evpressini; a liTial ojiinioii upon it.
A copy of y(]iir letter and its in<'losure has been foiwiirded to the (Iovernor-( ieneral
niiii a view to obtainiiii; an expression of the \ie«-. of bis .Ministi'rs w[)oii it.
I am to add that Lord Knntsford is inclini'd to \ icw the jiroposa! of (he I'liitert
Slates' (lovernnient \\ilii favour, but that he presumes lii;it it will be made (|uite (dear,
>li(inld Her -Majesty's (iovernment assent to it, th,-il -iich assent will not be taken as
nil admission of llie eltiims of the I'nited States in Heiuini^'s Sea, which have formed
and still form the subject of controversy.
I am, &c.
(Si-ned) JOHN iillAMS'l'ON.
SALISBURY.
Xc. 101.
Fiiriiijii ()//icr to Cnloiiiiil ()//iri:
^\r, Fnrriijii Ojlirr, Mnrrh I", IS»^><.
I HAVE laid bclori- iho Marijuis of S.disbiiry your letter of lliu' rjth instmit, n-hitivc
U) (lie ]iro|)Csahi 'if the United States' (iovernment llir the establishinciit of a close season
lljitlie (iir-beaiintr seals whicli Cieipient nelnin^'s .''^ea.
liy his liOio.vbip's diicctioii I transmit herewith lor vonr iiitdiniation copies of the
idiicspondeiice, inaiked in the inaii;in,* whicii iias recently passed on this suliiect ; and I
iaii to rc(|Ut'st thai in layin;,; these |iapers beloic Lord Knntsford you will cull his atteiiliiin
'dtlie iiistriietioiis i,'iven to Sir L. \Ve>t to inform the United States' Secietary of State
di:it, ill aetiiifj ipoii the invitation eiinveved in Mr. Mayaid's despiitcli to Mr. I'helps ol the
"til iillinio, Ihr Majesty's (jovcniinent do not admit the ri^lits of jurisdiction exercised by
llic I'nited Stativ^' aiith liitic:; in )>> !;riii'_''s Sea during the lishinu; seasons of lSMi-s<r and
ISST-sa, and that the p-esentntion of claims on accuunt of the wroiitit'ul seizures ol' liiitislj
vessels engaged in tlie .seal-tisliing industiy will not lie allccted by such action.
1 am, \c.
(Signed) JULIAN PAUXCKFOTL.
• Nos 38. Oil, a.ij lO'J.
184
No. 102.
The Mnrquis of iSulinhurij to Sir L. WckL
Sir, Foi-fiijn OJfirt; Mnrrli 17, 1S8B.
SIXCl'] forwanliiii; In you my ilcsjpatcli of llio 22m\ iiltinio I liavo hi'cn in
roinmiinication with ti;c liiissiaii Aniljassador at litis Court, and liavo invited ins
J']x('('il('H('y to asccrlaiii ^lictlicr liis ( lovcriiniciit would autliori/.c liini to discuss with
^Ir. l'h('l|)s and inyscir ilic sut;ir<'sliou made by ^Ir. jiayard in his (li's|)atcii of tlic
7th I'Vlivuary, that foiu'citcd action should he taken hy tho I'nitcd States, (ireat
Hritain, aiul other intei'esled J'owers, iu order to ])i'eservo fi'oni exterminalioii tiie
fur seals ^\hieh at ceriain seasons ai-e I'onnd in Mehrinu's Sea.
Copies ol' tho correspondence on this (jueslion whicdi has ])assed between il. dc
Staal and myscH' is inclosed herewith.*
I re(|n(st that you will iulbrni ^Ir. Hayard ol' the steps which h!ive been taken,
with a view to the initiation ol" nci^otiatious Ibran Ai^reenient l)etween the three Powers
]irincip;i!ly concerned ill the niainteiianee of the seal fisheries. JJut, in ■.■(> doinir, you
should state tliat this action on the jiarl of Jler ^lajesty's ( iovernuient must not he
taken as an admission of the riL;hts ol' jurisdiction in lieliriiiu's .Sen exercised there
hy the United States' aulliorities duriiii;- the lishiu:;- seasons ol' l^'sC).'^7 .•ind 1SS7-S'^,
nor as all'ectiui; the claims which Her Majesty 's (iovernmenl A\ill have to pi'csent on
acccnmt ol' ilu- wroiij.'-rul seizures which liave Itiken place ol' liritish vessels eni;ai,'ed in
the seai-lishing industry.
I am, kc.
(Sit,'ned) SALISBURY.
No. 103.
Colonial Oilicf to luirciijii ()//lrr. — {lieceiii-d Miinit 22.
Si
ir,
Doiniiiifj Sticet. Miurli 22, lisS^.
1 .A.M directed hy Lord Knulsford to transmit to you, to he laid liel'oie tlie Marquis el
Salisbury, a copy ot a noiicc of a (|iiesliou to he asked in the House of Cornnioiis on
.Monday next hy Mr.' (jourley, rcspeetiui; the alleged cleariui,' for Ikhrin::','* Sea ol
Ciinadi.ui sealiuir schooners with armed liuliau crews for the pur|)()sc olwauini: war M])i)n
Aineiiean Revenue cutter.-, sliould their conun.iiidi'rs attcuipt to mole>t them.
'riie ijiiestiou iilso a-ks what niea-ures llcr .Majesty's (ioveriuiieut intend adopting for
the purpose of airiviin; at an amicable solution of tho .Maskaii l'"isiieiies di>putes.
Lord Kmitslord li;is teUjifaphed to the (iovcnior-( ii'Mer;d of ( 'aiiada to iinpiire into
the truth ol' the report iclerred to iu the (|ueslion, hut he would be :;l,id il'ti.e .Miiripus of
.''ii|i>l)ury would inform him of the answer which should he ntui iietl to that part of the
'piestiou which relates to the measures to he adopted Ibi' a settlement ot the Alaskan
fisheries dispute.
Lord Kmitsford would also he i;lad to receive Lord Salisbury's opinion as to whether
it would he ietrally jusiiliahle, imd, if .so, advisable, to desire tho coimnaliders of Ihr
Maie>t\'> ships to tli^aiia any Hrilish sealini; schooners sailini; with such intention as is
allci,Td in the report.
I am &e.
(Si-ned) 1!. 11. MHADi;.
Ml
Inelosm-e in .No. 103.
()m'sli()ii III he (ishfd ill llir lliiiisi' of L'l'iiiinoiis, Miirrli 2(i, ^•^S(■^.
diiiirlri/, -To ask the Under-Sceietiu v of State for the Colonies wlietlier it
as rejiorted by cable ('nun \'i(toria, liriti-h ( 'olumhiii, that a nuinher of
sealiui,' sehoouers have been periiiilted 'o clear lor lieh;iti^'s Sea with the
of pro-eeutiuy; >eid-lishiiiir contrary to the rei;ul.itions of tlu' Cniled St;ite>
anthoiities, ('a!'ryin'_' l,N':,'e Indian eiews for the purpo-e of wai;iiiu' war iijion
lleveuue cutters, should their cotiunaudcrs attempt to moh >t tlieai.
,\nd whiit measures Her Majesty's (lovermnent intend adoptiiii; lor the purpose
of ai living' at an iuiiicahle solution of th.e Alaskati Fisheiics disputis.
is correct,
Ciuuuliaii
intention
' Alaskan
.\meriean
• Nos 'JS ami WJ,
1S5
No. 104.
Forelyii Office to Colonial Office.
Sir, Fnrcujn Office, March L'l-, 18S8.
F A.M din (.ted by tlie Marijids of .Salislmry to iickiio\vlcd;,'e the ri'cci])! of your letter
of tlic 2'Jii(l iiisliuit, cidliiii; iitteiitioii to a notice of a i|ucstioii to be asked by Mr. (iourley
ill the House of Coiiiniotis on tiio I'lith instant (1) in rcf,'ai(l to the aiiej^ed clearing for
Ikiiring's Sea of certain Canadian sealinj; seiiooners witii armed Indian crews, for tlie
juapose of waiiinff war upon American Revenue cutters, should liio commanders of the
latter attempt to molest them; and ('J) as to the measures which Her Majesty's Govcrn-
imiit intend (o adopt for arriving at an amieablu solution of the Alaskan Fisheries
(lis|iutcs.
With reference to the latter jiart of .Mr. Gourley's <piestioii, I am lo recpiest that you
will slate to l.,ord Knutsford that, altiiouidi some delay is inevitable in [ircssing (or an
iniinediate settlement of the (pieslious wliieli have arisen between lliis coniitry and the
United States in eomiection with the fur-seal fi'^iierics in Hchrinjz's Sea, there is no reason to
hclieve that any further ilk\::al seizures of Urili^h vessels will take place, especially as the
United States' Government have invited Her Majesty's (jovernnient to ne;^otiate a
Convention for a close time, thereby admittin;jf their claim to exclusive rights in those
waters to be untenable, liord S:di^l;ury, however, will ac;ain endeavour to obtain
assurances on the subject from the (Jovi'rnnicnt (d' the United States.
As re;;ards the luniour.-. which have reached this country by tele;;raph from Victoria,
British Cuknnhia, of the clearance of Canadian vessels for ]>ehrin;^'s Sea, manned with armed
Indian crews, 1 am lo state that Lonl Sali>bury will be prepared to submit the matter to
the Law Otlicers of the Crown, should the rumours in (|uesti(in he contirmed, but that if
the vessels are arnu-d, not for purposes ol attack, but for pur])oses of resistance to illegal
seizures on the high seas, it would seem dillieult to justify any interference with them on
the ])art of I ler Majesty's crni/.ers.
In eoncln^ion, 1 am to sujjgest, (or Lord Ivmitsford's consideration, that, in reply to
Mr. Gourley's inijniry as to "what measures Her Majesty's tiovennnent intend adopting
t'or the purpose of arriving at an amicable solution of the Alaskan Fisheries dis|)utes," it
iiii^lit be stated that the (|ueslion is now under the ci.nKideralion of the two (iovernmc'its
concerned, but that it would be premature at this nioaient to say more than that Her
Majesty's Government have no reason to doubt that a satisfactory arrangement will he
arrived at.
I am, &c.
(Signed) JULLVN PAUNCEFOTE.
11. MFADl'.
No. 1(15.
(.'olonidl Office lo Foreiijn Office. — {Rereired ^^(l|■ch 20. 1
Sir, Dou-nimj Street, March 24, 18S8.
N\ i'l'll reference to my letter of yesterday's date respecting n i|uestion to be asked in
the House of Cominoiis upon the subject, of the alleged clearance of Canadian sealing
vessels for the ISelii inn's Sea with armed Indian crews, i am directed by Lord Knutsford to
ti.uisinil to you, lo be laid bet'ore the .Martpiis ol Sali.shury, a copy of a teleL;rain which
lias Ibis day been I'eeeived from the Governor-General ol Canada.
I am to re^jue.^l to be infonnid of the answer which Lord Salisliiiry woulil wish to be
retiuiied to the Govenior-Gineial in regard to (he latter part of bis tilegram.
(Signed)" '' .JOHN URAMSTON.
Iiu'lo.-iiir in No. iO"),
Till' Mnrijiiis of Lihisiloinie la Lord Kiiiilsjoul.
lor the purpose ^ (T. legraphic.) Ollnirn, Marrli -2-2. IH^fi.
1 ilAVL ■ ccivcd your telegram of the 22nd. Tlu- pres.s has |iul)lished rumour
ii'I'erred to, hut it is not credited here, cr contirmed by information, ]iri\ale or oflieial.
It [-•, however, of ureal importance, in order to avoid injury to lishiiig inUii>l and risk
[I28J • 2 H
186
of further complications, to obtain from United Slates' Government explicit statement
o( its intentions as to sealers loinul in lieiirin^'s Sen this sea.s!)u.
No. lOG.
Vaunt Piper In the Maniids of SalisliKri/. — (HrreU'd Miirrli '27.)
ION se relt'rant h la note verhale i ii date ilii 1 1 Oelohre dernier, |)ar la(|nelle iM. Ic
.Mar<|ni>(le Salisbury a exprime le desir de eomiultre si le (ionverneineni <iu l{oi aceepterail
I'invitalion (]in hn avail ete adressec par le (ionveriienient des i'ilals-l'nis si tiitier dans im
arranj;emenl eonecrnant la peelie aiix plio(|ues dans la mer de Helirini;:, le (Jonite I'ijjcr a
riionneur, d'ordre dc son (ionverneineni. de liii eonimuiii(|iier ei-jiiint la reponse (pie le
C'onite Klirensviird a fait parvenir ii ee sujet an Minisire des I'itats-IJnis ii Stoekholm.
Loiidrrs. If -J -I Mills. ISiSS.
(Traii.slation.)
WITH rtferenee to the ;io/c f(Tfc(//c ol \\w I llli Octol)! r last, in whicii tiie Mnnpiis
of Salisbury exjjresbed the wish to know if the Kinc's (jovernnient would neecpt tlie invi-
tation addressed to tlicni by that of th(> I'niled States to come to an r.rrantrement
conc( rnimj tiie seal tishery in l?ehrin^''s Sea, Count Piper has the honour, by order of his
(jovernment, to eonmmnieate to Lord Salisbury the inelostd reply which C'oimt Klireiis-
viird iias addressed to the United States" .Minister at Stockholm on the .subjeel.
London, Marcli '24, 188S.
Intlosure in No. lOG.
Connt Khrensrciril to thr Unhid Stairs' Minisler iil Utockliolm.
!.!■ ir, J\/</rv, 1888.
PAR unc lettre en date dn 17 Septcmbre de I'annee passec Vous nvez bien voulu, ;ui
nom de \'()trc Gouvcrnement, inviter les Koyaunn'S-Unis a entrer dans nn arrangcmenl.
avee les litats-Unis pour la ])reservation <les phoijues dans la mer de Ik'lnini,'.
i,a ehasse aux pho(pies dans ces paraf;es n'etant, jusiprii ])rt>cnt, (pie d'lin inti'iet
minimc pour les lloyaumes-Unis, le (iouvernenient de Hoi a eru ne pas devoir jniiuire
pait activenient ii ees pourparlers, les()iiels il snivra tmitefois avee toute rattcntioii ()ue
nierite ralliiirc. II sera ainsi heureux d'apprendre (pie les jiourparlers en{;aj:('s entrc l^s
Puissances iiiteressi'es en premiere li^'iie a ec sujet aient pn alioutir a un arrangenunt
internalion.il, et (jue la faeult(.' d'adherer ii renteiitr serail, le eas eeheant. leseivt'c aux
aut-i-es Puissimees.
N'enille/, iVe.
(Si-ne) KIlRliNSVAIlU.
(Translation.)
Mnrrli l(i, 1 S'^g.
IN a letter dated the ITtli September of last year You were good enough, in the name
of Your Government, to invite the United Kiiifrdoms to enter into an arrangement with the
United States for the preservation of seals in Hehring's Sea.
As the hunting ol seals in those regions is at present hut of very slight interest to llic
United Kingdoms, the {jovcrnmeiit of the King have not thought it their duty to lake an
aetivi; part in these negotintions, though they will be glad to follow them with all t!.r
attention which the matter deserves. They will also i)e ^lad to learn that the negotiatimis
between the Powers ehielly interested have sueeesslully resultdl man international arraii^i-
inent, and that liberty will be reserved to the other Powers to join in sueh an arrangeuK nt
should lliey desire to do so.
l{(.'eeive, vVe.
(Siifi.ed) Klll!i;.NSV.'\l!l).
t statement
18T
No. 107.
Colonial Office to Foreign Office. — {Received March 29.)
Sir, Doiniin(j Street, March :JS, 1888.
WITH relbrencG to the letter from this Department ol tlie 'ilth instant, and to yours
of tiiu sami; date, relatiiit? to tiie allcc;cd clearinf; for IJehriny's Sea of ceilain Canadian
sciihnf; sciiooners with armed Indian crews, for the purpose of resisting llie American
{{(■venue; cutters, should the commanders of tiic latter attempt to molest them, I am
directed hy Lord Knutsford to transmit to you, to he laid before tlie Martjuis ot .Salisbury,
a teli'gnim received from liie Govenior-Ceneral of Canada, from which it appears that
this run)our is not unfounded.
I^)rd Knutsford desires to call the attention of Lord Salisbury to the sufii^cstion of
tile Govirnor-CJeneral that clio Admiralty should instruct the Admiral commanding on the
tt.itidU to watch the proceedings on the spot.
His Lordship would also smallest that this matter should be hrousiht under the
iniinediati; nolice of the llivitcd States' (iovernmcnt in order that a detinite announcement
(ii their intentions durini; tlie present season with reference to the l}i'liiin;;"s Sea sealers
may be obtained; with such inlormation Her Majesty's Government would be belter able
1(1 ( onsider how further cOmjilications may best he avoided.
I am, &c.
(Signed) EDWARD WINGFIKLD.
Inclosure iu No. 107.
I.ord Lansihwne to Lord Knutsford,
(Teleirraphic.) Otinwn, March '27, 18S8.
[ AM intbrmed by l.icdtcnant-t Jovernor of British Columbia that sealers on the
point of departure tor Beiirim^'s Sea are armin;; the vessels and crews to resist ca[)ture
liv Amciican Reveiuie cutlers. WC think it desirable that .\dmiral shoidd he instructed to
watch iiroceedings on the spot. I have tcleurajihcd to Lieutenant-* Jovenior to issue notice
caiitioninp; scalers to retrain from any assertion of ritjbt by t'orec; of arms, and poiiitinp; out
;:r;ue results which miirht ensue from resort to arms whil^,t neiiotiutions still in pro^^ress.
It .-ccins to us impossible to prevent tishermcn takint; on board the arms and ammunition
UMitdly rcipiircd for their own protection and for use in seal-tishiuLr. Ke])orls reach us from
\'iet(iria that Unitsd States' (iovernmciil has issued orders for the seizure of all sealers
Iddhd this season in lk'iirin'.;'s Sea. Ijct me again urge necessity of obtaining from
United States' Government detinite annoimcement of its intentions during present fishing
sca^iin ill those waters.
lENSVAlU).
No. 108.
The Mariiuis of SniiJnmj to iiir L. West. — (Suhsluure telei/riiiiliril.)
Sir. Foreign Office, March ;il), I8S8,
I INCLOSK, for your iidormation, a eojiy of a letter from the Colonial Otiice,'"'
iiicldsing a telegram from the Governor-tieneral of Canada, from which it appears
tliat the I'lritish vessels and crews now lilting out lor the approaching heal-tishing season in
Inlu'ing's Sea ari; beini: armed with a view to otfering resistance to their capture by
American erui/ers when so occupied.
Lord Lansdowiie also reports that it is nimoured in Victoria that orders have been
i.--i:((l by the United .'^tatcs" (ioveriimenl lor the seizure of all sealers found this season in
I'lhriiig's Sea.
I i'e(piest that you will inlbrm ^Mr. Hayard of the rejiort in (juestion, and that you will
lariustly represent to him the extreme importance that Her Majesty's Government should
lif enabled to contradict it.
I am, &c.
(Signed) SALISBURY.
[128'
• No. i07.
2 n 2
188
No. 109.
Foreign Office to Coloninl Offirr,
Sir, rorni/n OJfice, March {\0, 1888.
I HAVE laid before the Marquis of Salisbury your Icftcr of the 'i><tii instant, iaclosiii;,'
a telfgram from the Governor-General of Canada, from whidi it ai)i)('ar'; that the vessels
and crews now preparing; for the scal-tishing season in Hehrin'^'s Sea are being armed with
a view to offering resistance to tiicir capture in that sea.
I am to request that you will inform Lord Knutsford, in reply, that Sir L. West lias
been instructed to call Mr. Bayard's attention to the rumour current in Victoria that
orders have been issued by the United States' (loverntneiit to caiiture British ships fishing
in Behrinn's Sea, and be has been further directed to represent earnestly the extreme
importance that Her Majesty's Government should be enabled to contradict the rumour in
question.
On receipt of Sir L. West's reply a further communication will he addressed to you.
I am, iVc.
(Signed) JULIAN I'AUNCKFOTK.
No. 110.
.S(> L. West to the Marquis of Salisbury. — (licreivcd .-Ipril 2.)
My Lord, mishimjlon, March 19, 1888.
I IIAVK the honour to inclose to your Lordship herewith copy of a teleiiram which
I have received from Mr. l""ostcr, the Canadian Minister of .Marine and risberics, as
well as copy of a despatch which I have addressed to the Maicjuis of Lansdowne in
reply thereto, and which is based on unotlicial communication with the State Department.
I have, &e. '
(Signed) L. S. SACKVH.LE WKST.
Inclosure 1 in No. 1 10.
Mr. Foster to Sir L. West.
(Telesrapbic.) Otiawa, March 0, 1888.
IT seems that Canadian scalers are re(p;ired to carry Ujipcal to United States" Court,
or, by failure to do that, will forfeit bonds. Can they be allowed, pending delinite settle-
ment between United States and Great Britain, to bond vessels and skins without obligation
to appeal ?
Inclosure 2 in No. 110.
Sir L. West to the Marquis of Liinsiioune.
(Extract.) Washimjtou, March 19, 18S8.
I HAVE the honour to inclose to your Excellency herewith copy of a telegram
which I have received from Mr. Foster, your Excellency's Minister of .Marine and
Fisheries, relative to jiending proceedings in t!ic eases of Canadian sealers seized in
Behring's Sea, and, i i reply, to inform your Excellency that tiic Attorney-General has
stated that Rule X of the i'raeticc in Admiralty and Rule, of the S\i|)reme Court (1887)
make it plain that flic coiuiscated ships can be bonded pending ajipcal.
No. 111.
The Marquis of Salisbury to Sir L, West.
Sir, Forvifjn Office, April .'5, 1888.
THE United Stales' Minister called upon me to-day, previous to his return to
America. He was anxious to speak to ,ne especially with rcfereiiee to th( condition of tiif
seal-fishery in Behring's Sea.
180
lie expressed the hope tluit instructions woul.l soon anivc wi)icii would cuuble the
Ruf-iiin Ainbassndor to ncfrotiiiti' on the suhjoct of cstahlisiiiim a close timt- ihiiins which
tlir rapture of senls in certain localities slioiihl not he i)crniitti'd ; iuid he addc 1 that,
whenever that Convention could he arranged, it would |)ut an end to all the dilliculties
which had arisen with respect to the scal-rtslu'iy in that sea.
^ll■. I'helps was very anxious for dispatch hccause the destruction of tho species was
cnonnous, and was increasing in volume every year. But under the peculiar political
lircuMi-taixes of America at this monieiit, with a f^eneral election inipciulin:,', it would, he
said, he of little use, and, indeed, hardly practicahle, to conduct any nou'otialion to its issue
lic'fore the election had taken place, lie held it, however, to he of great importance that
no steps should he neglected that coul 1 he taken for the purpoM; of rendering' the
lu'u'otiation easier to conclude, or tiir sup|)lyini: the place of it until t!ie conclusion was
obtained, lie informed me, therefore, unotlieially, tiu: lie had received IVo'm Mr. H.iyard
a private letter, from which he read to me a iias'a^c to the following cU'eit : —
"1 shall advise that secret in>;' letions he given to American criii/'.'is not to molest
lirilish ships in Uehring's Sea e.t a Oi.-<tanee from the shore, and thisoii tiie L,'ro'.md tliat the
liegotiations for the estahlishment of a close time are going on."
I5ut, Mr. Phelps added, there is every reason that this step sl.ould not hecome
piihlic. as it niifiht give encouragement to the destruc:tion of seals that is taking: place.
I suggested to him^that it would he desiralile for I..ord Lansdowne to know of it, as
liis Kxeellency was much eml.>arrasseil hy the measures <"jr self- lefencc whieii were heing
taken hy some of the sealing-ships that were fittin',' out from liritish Columhia.
.Mr. I'lielps then said that he would have no ohjcctiou to my conrnume.itin;; this
information to Lord Lansdowne contidentially. At the sane lime he expressed the hope
that I would n'[)r('sent to Lord Lansdowne the importance of refusing clearance, if he
could do so, to all ships going out from ports in liritish Columhia to shoot seals ii
Hi'hring's Sea during (.'lose time, that is to siy, from the I 'ith .April to the l-t Novemher.
lie also said lie presumed that any Convention t'or exeici»i .l; police in Uehring's Sea
must, in the case of .America and (ireal Britain, he sup|jorted by Icl;;!: lalion ; and he
would he very glad if Her .Majesty's (Jovernnieut woidd try to ohtain the rei|uisite ]iowcrs
flaring the present Session.
I re])lied that the matter should have our iuimediate attention.
I am, &c.
(Signed) SALISBURY.
No. 11 2.
Sic L. iVesI to Ihe Mniyjul'i nf i<iili.sliitfi/. — {Rfcpived April 4.)
(Teleu:raphie ) Washhujlnn, Aii>U'-\, 18S8.
I IIAVK made representation to Secretary of State as du-eeted in your telegram
of the 30tli ultimo. lie begs me to inform your Lordship that no orders have lieen
issued for ca])ture of British ships fishing in Bein-ing's Sea.
No. 11 .'J.
Foreiyn Office to Colonial Office,
Sir,
Forilf/ii OJ/i'cr, Ajnlt o, 18SS.
WITFT reference lo your letter of the 'J^fh ultimo, F am direeted hy the Mar()uis
... _,alishury to state to you, for the information of Secret:iry Lord Kiiui^lord. that a
IC'leL'iam has heeu received from Her .Majesty's .Minister at Washington reportini: that
the I'nited States' Secretarv of .State has informed him that no orders have heen ivsued
of S
l>y the (lovernmciii of the United Slates for the capture of British shi|)s tishing
Heliring's Sea.
Ill
I am, &c.
(Signed) .JULIAN PAUNCEFOTE.
19U
No. 1 14.
Coloni'il Office to Foreign Office. — {Recrlred April I 1.)
Sir, Doiniliiij S/rnt, April 10, 18H8.
I AM (lirecU'd liy Lord Kiiiitslord to triiiisiuit to you, to lie laid Ijolorc tlio Mnrqiiis
of Siilisliurv, ail exlnict of a dcsiialoli from (lie (!(ivernor-(!oneral of Canada respect iiiif tin-
(jiii'stioii of liondiiijf till- llritisli si'alinj;-vesst'ls i'a]itiiroil l),v the Unidd States' cniizersin
Heliriiiu's Sea diiriii;;- la~t season, and anain nnjiii^'- tin- desiraldlity of o'jtainini;- from
tlic (Jowrnnii nt of llie United States a distinct intimation of itK intentions with regnrl
to (lie .ipiiroacliini;' season.
1 aiu, &c.
(Signed) .lOirN BRAMSTON.
Inclosuro in No. 1 1-1.
The Miirquin of Lansdowne to Lord Kmttsford.
(Extract.) (loiernment Umim; Otlairii, Miircli 21, I8?*S.
I AM •riven to understand by my Minister of Miirine and Fisheries that permis-
sion lias actually been given to the owners of tiie liritish vcssc.-ls to bond them peiuling
appeal, provided that the .sureties arc citizens of the United States and resident tiierein.
He has, iiowever, learnt that (lu; iJritisli Columbian owners who are concerned in this
matter .'ue not willin;; to bond their vessels if they are thereby bound to carry an appeal
to the United States' Courts, and if, by not proceeding with the appeal, they would
therel)y forfeit their bonds.
it lias. uKU'cover, been suggested that, by giving bonds jicnding an appeal to the
.Supreme Court of the United States, the owners might tliereijy place the matter outside
the scope of any diplomatic negotiations which may take place upon this subject, a result
which the)- would naturally be desirous of avoiding.
'riiey have now in(|uired whether it would lie po.ssiblo for them to bond their
vesselr*, Kc.. puiding, not an appeal to the Supreuie Court, but the di[ilomatic settlement
of the fjueslion which has arisen in connection with the seal fishery in these waters.
I shall be glad if Her .Majesty's tioverninent will invite the attention of that of
the United States to this recpiest, which should he attended to as soon iis possible.
From information which i have received, there is rciison to believe that llic
seal-skins on board of these vessels will be sold at Sitka on the 10th April.
In connection with the suliject of this despatch, 1 venture aijain to call your
attention to the incpiiry made in my telegram of the -"Ust JFarch, iSbT, in regard to the
action likely to be taken during the present year by erui/ers of the United States in
Beluing's Sea against S(alcrs fre<iuenting these wafers, 'flic uncertainly as to this has
had a very prv'judicial effect upon the fishing interests of British Coliunbia, ami I would
urge that, both in order to avoid this incouvcnieiice, and also in order to obviate the
risk of further friction between the two (Jovernnients, an e\plicit statement of its
intentions sh(udd be obtained from that (d' the United States with as little delay as
possihle. It is, I think, obvious (hat an international arrangement whereby a close time
would be established for fur-seals within certain limits is not likely to be arrived at in
time to ]irovide for the re(juireinents of the fishing season of this year.
I have connnunicated a copy of this despatch to Sir IJonel West.
101
No. llfi.
Foreign Office to Colonial Office.
Sir. Forfiim Office, Ainil 14, 18^<8.
I LAID before the Marquis oi' Salisl)iiry your letter of the lOtli instant, toijcthcr
witii the desiialeli from tlie iMiir(|ui.s of Liinsch)\vni; tlicreiii inclosed, ri/s|iei'tinf; the
Ixiiidin;; of IJritisli seaiinji-vensels cni)tiired hy United States' cniizers in jielniiiir's Sea
liiniiiu la.-rl season, and a;;ain ur;;injr tlie desiraliility of ohtainin;^ iioin the liiiled Stati's'
(iiivcrninent a distinct intimation of their intentions with leirard to the ii|ii)ioacliin{''
season.
(Ill tills latter point my otlier letter of tliis day will have made liiio^n to the
Sueretary of .Slate I'or liie Oolonies Ijord Sali.shiiry's views.
Witii rerjard to the (inestioii of "tlie hoiidinfj for a))])cal vesM'K or cargoes
cDiidenined to forfeiture by the j)istrict Couit of Alaska." 1 am divecli'd hy Ijord
!<iilisl)ury to observe that the nrran<;enieiit projjosed in ])aia;;ra]ih o of liord jjaii'-downe's
(k>|iHtrli would o])erale as an aliaiulonment of the rijrlit of a|pi)tiil witliout any certain
|ir(i>|iect of a remedy by diplomatic action. His Lordsldp would tlierelore snuyesl, for
the consideration of liOrd Knutsford. whether it niif;lil i ot be j)relerai)h' to jjiupose to
llie I'liiled Slates" (iovernment that tin? time limited for the prosecution ol' tlie a])peals
^.liDiild be extended by consent for .such period as may allow of a settlement by di|)lo-
maiic neirotiation, without itrcjudice to the uUimato lef!;al remedy by appeal, should such
iicnotiation be unsuceessl'ul.
As regards the sureties, Lord Salisbury docs not think that reascnablc objection can
be taken to the stipulation tliat they should be citizens of the United States and resident
therein, and therelorc within the jurisdiction of the American Courts.
1 am, &c.
(Signed) JULIAN PAUNCBFOTK.
No. 117.
iS/r L. West to the Mari/uis of SSaliaburti. — (Rereived April Hi.)
.My Lord, U'ashimjtoti, Minrlt -^T, IsHH.
1 ILVVI'! the honour to inclose to j-our Lordsldp herewith eo])ies of a letter
addres.sed to Senator Dolph, of Oregon, by Mr. .James (J. Swan, Assistant Collector of
Fort Townsend, Washington Territory, relative to fur-seals in the waters of Alaska and in
I Ik Beliring's Sea.
The migration of the New England fishermen to the I'acifie coast, aiul their detcr-
iiiiiinlion to assert the right to llsh or hunt in the American waters oi JSeliririg's Sea,
'lutside of 3 nautical miles from any island or the mainland of Alaska, will have an
iinpoi tant bearing on the juri.sdiction claimed by the United States' for the benefit of the
Alaska Commercial Company.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
le arrived at in
Inelosure in No. 1 17.
■'iQlli CoiKjress. — SiiNATK. — Mis. Dor. A'o. lA.
In rnr, Sk.natk of i'uk Uniteu Sxatics.
.\liii-rli It), K^f^H.— Presented by .Mr. Dolph, and ordered to lie on the table and
be printed.
I.illn- iif Jaiitis (1. Sddii, .iMintdiil Cnllertor, Port Townseiid, IVashiiigtoii Tfiriluiy,
irliiiiir to Fur Seals in tlir IViitrrx of Alaska and in the Behriny's iSni.
>^ciialor, Port Toiniseii<l, Wasliimjloii, Murcli 7, l.-^SS.
1 H.WI'j the honour to inform you of the arrival hereof tlie first vessel of the
liliiiicester, Massachusetts, fisbinu' fleet — the schooner ".MoUio Adams," Captain, I ohnson,
192
wliicli arrived luTc on tlie "rd iiisliuit. This vivscl is owned l)_v C'i»]it;iiii Solomon J(i('oi)s, of
Gloucester, wlio liiis taken coniniaml of lier, and she sails to-dav on a si-alinj; expedition
from oir the nioiitli of the Coluinhia, foliottin^;' the herd north. Seals are re|iorti'd as
heiiin \innsMrliy numerous tiiis season and are in myriads. Calil'ornia steamers report
riinninir through one herd which extended inii mile«, and the seals appeared t(» iu; ns
thick as thev <'onld swim. After the sealinj; season is over the schooner will en;;ai,a' in
the lialihut and cod lishery and send their catch in ice to ilic Ivistern markets.
Another of ('a]itain .lacolis' schooners, the " Wchsfer," will he here in April, and
several others will lie here this season. Next year hctwecn lifty and sixty vessels arc
cxi)ected, and they will he followed hy others, ami within two years ;>. colony of several
hundred ol these lisliernien will lie here to dcvelup the weiiltli now dor. lant and hidden
in our waters.
Since I returned t'roni (.Juei'ii Charlotte's Island, in ISS.",, F have persistently ur^ed
on Profc-.^or liainl the necessity (d' s(>ndiMj; one of tlu' United Slates' I'isli Conniiission
steamt'rs to the I'acilic to develoi) our lisheries, and shortly hefore Professor Haird's
lamented death he wrote nie that the '•Albatross" would bo nent t(t our waters, and she
is now on her way out.
Tlicse (Jloucester llshenncn will render valuahle assistance to C'liptain 'i'anner. It
is to the lishermen of (ihnicestcr, f'a))e Cod. anil the coast of Alaiiie that the I'nited
States' I'ish Cummission is laru:(dy imlehted for much of the valuable iid'ornialion
respeclin^' the Alhnitic (ishcries, which has been pui)llslied hy that adiniiabK hureau of
the Sinill.sonian Insliiution.
Ilitlicriii no protection has been uiven our I'acitic lishermen by our (Jovcrnnn'ut.
The Trciily of ism docs not allude to the I'acilic coast, nor does the present Treaty, so
far as I am informed, make any provision for or allusion to tbe lisheries of the North
I'acilic. Hrilish Columbia is, as it were, sandwiched between \Vasbin;;lon ami Al.iska ;
our interests ari' identierd, and at jiresent the most harmonious and kindly feelin:; exists
between the iienjile of Mritisb Cidumbia and ourselves. livery steauicr for Alaska which
take> thr insidi' passajie passes throui,di the waters of liritisb Culumbia, allbrdiny; a meairs
of d^'l'i; lit fill ri'crcation I otlunisands of tourists. This kindly feel in;; should be encoiini:,^eii,
and icirliculurly in reference to our lishermen who wish to ii-li tbe wiilers of the coast
from tiic ( olumlda to Alaska.
15ut these Nc'.i- Hngland lishermen ask more than to fish aloni,' the coast; they wish
to explore tbe waters of Hehrinu's Sea and the Arctic Ocean, and to be jicrniitted to take
any of the products of the ocean in American waters without the annoyance they have
been subjected to for so many years on tbe Canadian coasts of the Atlantic.
Ever since the lease of the I'ribylov Islands to the Alaska C'omnjercial Company,
that powerful monopoly lias jiersistenlly deceived the Con;;rcss ot' the I'nited Slates and
tbe .Vnierican ])i()ple by arro^jantly assertinir that all the lin seals of the Korth I'acilic
Ocean cnn;;rci;ate on tbe Islands of Saint Paul and St. ( Jeorj{e, and that tbe indiscriminiite
slaui^hter of I lio>e seals w ould soon exterminate the race. Tbe lat ter part of this assertion
is true, bill the llrst, I assert, is a ])liysical impossibility. The seals of the North I'acilic,
in counties^ myriads, could not, by any process of their own, lind room on those two
comparatively insiu;nilicant islands, and 1 am prejjared to jirove that tbe southern seals,
frimi the (!nlf of Tebnantcpec and Gulf of ('alifornia, which come north every season,
(lifler from the seals of the I'ribylov Islands, and never " haul out " (>n that jrroup. Tbe
indi-criminate slau,!;htcr of fin seals in early days on the Island of Massafuero, on the
coast of Cbilf, and on the San Henito Islands of Lower California, drove tbe seals away
fr()ni those once famous rookeries, and Ibey seem to have acipiircd new habits. .\ paid
writer of tlie Company, Ilcnry \V. IClliott, in an olberwisi! excellent inonov;ra|)b on the
lin seal islands of Alaska, boldly asserts that tbe seals of the North I'acilic all (•oci;;'re,i;atL'
on tbe Priliyhiv l>lands. lie further asserts that those seals have their pups on land,
and that if a [mp is thrown into the water it cannot swim, but will sink like a stone, and
lakes me to task for assertin;; that the pu])sof the seals taken at Ca])e I'ialteiy can swim
as soon as born and even when taken alive from the mother's won)b.*
In 1S8;1 I was instructed by Professor 13aird to investigate the habits of the lin
seals and to m.akc a l'e])ort thereon, which Peport may be fomul in the I5nlletin i<( the
United States' I'isb Commission (vol. iii, l^P."?, p. 201). In that Peport I have shown hy
thirteen witnesses, some of them Government ollicials, that the lin seals of Cape
Flattery do have their pups in the water, on the kelp and at other places m)t yet
discovered, and that the pups swim as soon as born; this evidence as against Mr. KUiott'.s
• Unite,! Sialc's' (^ommis^ioii of I'isli .inil laslic'rips. Sjiucial iSulIetin 170,0
Alaska, by llei.ry \V. Elliott, I8SJ, p. IGC, lant iiaraRrapli.
onojraph ol' I': o S.ul IsliiiiiW "T
lO.T
iin-iiii|i()rlo(l, (Ii>;;niiitie ns-icrlion (lull the piip-; «ill sink like ii stone, f iiclicvo timt
Mr. I'lliott is fiincct so lai' as tlio seals of the l'rii)vlov islainis are e()n"erniil, and f
kiiii'.v that I am correct so far lis re;;aril.s the seals of Cape i'"latlery, and, hiiievin^j tliat
JMith of »■< are correct, it proves inconte^tiilily that the seals wiiich eoine i'roiii the south
to ('ape i''hittery dilier in (heir Imliits Irom those of Helirinf^'s Sea.
Tiicsi^ eastern (ishernien, knowiii;^ the value of the rookeries, are desirous that (he
l;i» protcedn;;' (he seals on (he I'rihylov Islands, as well as the provisions of the lease (o
ihr .\la>ka Coinniereial Company, siioiild lie ri;;i(ily enforced, lint (hey do not helieve
tliiil till' term "adjaceiil waters" named in that lease ever meant or was intended to
uiciui all the waters of (lie North I'lieitic Ocean. Tiiey itelieve that tiiey, as Anieri(!nu
cili/eu>. have a rif,'ht to li-^h or hunt in (he .\merican waters of l!chriii;;'s Sea, outside of
:i iiiiiitical miles from any inland or the mainland of .Alaska. They lulievc that William
II Scwanl did not piindiase Alaska for (he .Alaska Commercial Coiniiany. linl for the
»liole nation. 'I'liese tishermeii from .Vew Kiifjland ileiiiand as a ri;;ht (hat (hey lie
pcrniiKed (o pm>ne (heir lionourahle lin-.iiiess in the American wati'rs of (lie Nordi
Pacific, ISelirinii's Sea, and (he .Arctic without heinj; IreiUed a.s criminals and hunted down
and seized and imprisoned l>y (he piradcal llevi'inie eiiKeis td' (he I'liiled Slates, at the
diction nnd for (lie solo l)enefl( of (he Alaska Cumiuercial Company. These lislierinen
already here, and (he colonies which ■\\\\ he here next year »itli their fleets of schooners,
are of vasdy more impor(aiice (o (h • .American nation (lian the monopoly ul' (he Alaska
Ciiimiiercial Com]iany. .And (hey have re(iiies(ed nu^ (o address you, Seiia(or, and odier
Senator^, resjiei (fully askiiiu' you (o k ndly look in(o (his (pie.^tioii, and have it ordered hy
the Trc.isMrv l)epartment that .American eiti/eiis can take any id' (he products of (he
(iciiin outside of .'5 marine miles from any island in Heliring's Sea or (he coasts of (he
niiiiiilinid of .\laska.
llither(o (he ou(ra!;er arrogance and assumption of (he Alaska Connnercial
Coiiipaiiy has heen only met hy feehle protests from merchants of San Francisco and a
fe" I'crdand (raders. Hut now a new order of things i> ahou( heiiifr inaugura(ed. An
iiitellii;i'ii( and valualde cla^s of New llngland (islieriiioii are coming here (o reside among
iw and liecome ci(i/ens of Oregon, \Vasliiiig(on. and Alaska. They know their rights as
.American citizens, nnd they are de(ermined (o have their rights
It is time (lia( the farce played hy the .\laska Comiiu'rcial Company was ended, and
that tlie sorry sight of .Americin Iievcnue cutters hunting down our own cili/.cns for the
l)oiieli( of (hat huge inoMopc ly should for ever c^ase.
I have give:: ihis suhject careful uKendon for many years, hut have had ii.i occa.sion
to take any ]iar(icular in(erest in it until now, and now is the time to speak and act.
These de(ennined, cnerircdc tishermen of New Kngland are here, nnd more coming. All
tlioy ask is (heir right as .American citizens (o hunt and lisli in American wa(ers ou(sidc
:'• miles from land. S(riclly enforce (he law iiroliiliiting (he (akiiig of seals on tiio
I'riliNlov l>laii(ls ; s(rietly eiil'orce the law prohihiting the iiitroducdon of spirits or lire-
iirms among Indians; hut give the fisherinen the right to develop llie wealth in our
waters, encourage (hem (o make new discoveries, aid (hem in every legal nianuer to
liiir>ue their avocations, and tlh'y will [irovo a new soiirei' of weiiUli to our I'acilic States,
and add to our population a new and a most dcsirahle eleuient.
1 have had (he honour, Seu,i(or. (o address Sena(or .Mitcdiell and Senator St.inford
iip'in this important question, and if (here are any poin(s on whi(di you would like further
iiil'eriuation, I shall e>teom il an honour if you will address me, and J will give you all
the iiiformatioii I possess. I "ant (o see tUdiring's Sea and all .\mericaa waters open to
Aiiieriian tislieimen, and 1 e:;riies(ly and respectfully solicit your kind consideration of
the (jiiestion.
1 have, &c.
(Signed) JAMES G. SWA^.
The lliin .lo-epli .\', 1 )(iipii,
i^eiiiitor in ('(Uigress limii Oregon.
S.iil IsliiiiiN "I
[128]
No. 118.
Hir L. ll't'nl to Ihi' Mtirqiiin nj Halinliury. — [Ui'i-fiml Ajuil Id.)
My linril, \lii.\liiiii)liiii, Miinli :U. 1S>>,
I 1IA\'I'( till' hniioiir to iicKiiowIcdjft' llic r»'ct'i|)l nf vour Ijonl liipV (Il'sjihIiIi
ol (lit' ITlli iiistiihi, •ind to iiH'loM' luTinvitli coitv of ii iiolc wliicli I iiddrcsscd t'l iln'
Si'cit'liirv of St.Uc ill till' st'Msi' ot'tlml di'siKitcli. ii^* well a^ (•()|i\ ct'llic rcplv wliicli I liavr
rccciviMl tluMi'to.
I hiivi', «{i'.
(Signed) I.. S. SACKViril-K WRST.
Inclosuro 1 ill Nn. 1 If.
•Sir I,. Il'e.v/ III Mr. liniinril.
Sir, IViisliii .. Mnrrli :.'(i, ISS8.
Wrril rorcrciici' in tln' jiioposi'd ciiiu'i'rlL'd ai'tion liv (ii Hiilaiii. tlio liiiitoil
Stales, 1 'rid oilier iiitcroNU'd I'owlts, in order to preNerve Irom exUi iiiiniitioii tiie I'lir scnls
wliicli it 'crlaiii seasons arc I'oiind in i$elirini;'i Sea, J am roi|uested liy the Marcpiis of
Salislniry to intbriii joii that the Kiissian Aniliassador in liOinlon lias been cominiinicatod
with on ill. .iihject iiml that lie lias referred to his (lovernnieiit for instructions.
Hut ill making- tliis coiiiiiiuiiication to you, I am instrucled to state that this action
on the part of Her Mnjisty'i Cioverniiient must not he taken as an admission of the
rijilils of Jurisdiction in rieliriiif-'s Sea exercised there hy the I iiited Slates' authorities
duriii;;- tile ii-i;iiiLf seasons of lS!S0-!^7 and ISST-'^'"', nor as aUeclinn the cliiims which Her
Majesty's Dovernment will have to present on account of the wrongful -eizurcs wliicli
have taken place of Uritish vessels ctifjagcd in the scal-lisliinj; industry.
I liave, &e.
(Signed) fi. S. SACKVILLK WKST.
Iiiclosure 2 in No. 118.
Mr. lidiiard lo Hir I.. HV>7.
Sir, Drpiirliiiriil nf Sloir, W iishinijlnii. Mnr li 'M), I«-S.
I AVK the honour to aeknowlcd^'c the receipt of your note of the 20th instant, in
which u inform the Department that the action of Her .Majesty';. (Jovernmcnt in
respect o the propoi-al of tliis (Jovernnunt for an arraiij;eiiient to protect the fur-seal
from termination in J5elirinf;'H Sea is not to be taken as an admission of tlu'
jurisd' linn of the United States over Helirinf,''s Sea, nor as aflecting the claims wliidi
Her .M.njesty's (lovernmeiit will have to present on account of the seizure of certain
British vessels in those waters.
I have, cSce.
(Siftned) T. F. IJAYAlil).
No. 119.
Sir L. West lo the A/«nyi((.v ot f^iiVmliunj. — (l\i-rrii:i'(l April hi.)
My I>oril, Wiinliiiujluii, April i>. I.SH8.
Wrril reference to my despatch of the I'Jth March, 1 have the honour to inclo«
to your Lordship hcrewiih copy of a .Memorandum sent to me !>y the lawyer eiiiraiicii
19.'.
ill tlir I'liM! <)( criliiiii -.t'lil-skiiiH onlereil to lie sold nt Hitka, from which your LonlHliip
will pcrt'civc lliiit tliu iimtlcr has Ixicii saliMtiictoriiy ailjuslLMl.
1 liiivc I'liiniiiuiiiciiti'il tiiin McinoraiKliiin lo tlii! Murijiiis of IjiiiiHilownc.
I Imve, &c.
(SIrikhI) L. a. SAC'KVILLI'] WKST.
IncloMurc in No. 11!).
Mi'iiinniiiiliiiii III/ Mr. Itriijniiiin.
\\lVt Kistiit'l .liiii;,'!' lor Alaska liaviiii^ rol'iisi'<l to adniil Hrilisli ("oliiiiihiuii
('!aiin;inls lotlic |irivilct;('s of tlio Attonicy-tiiTH'ral's Onk-r of last I)l'i;i;iiiIht, |irt'scril)inj,'
tlial i'iiikIcmiiiciI scarnin-vosst'ls anil car;;iiL's miylit he released to their lale iiwmrs,
|iriiiliiii; iiiipeal, U|iiiii >iipi'rseili'as hniuls, with sureties, resiiliiiij in Alaska, ("alironiia,
OiiLi'iii, or Wasiiiiiuloii Territory (said District .lud^fo coiiteniiing that the Order
nliiieil niily to tlu- ease> of Aiiiericaii claiinaiils). I laid hi-fore the Attorin y-( leiieral, on
l!ii' ;!lst ultiiiiii, the case of the jirilish nwiier of I.IUU seal-skins, ordered tn he sold
under ( 'iiiideiniialiiiii Deeree at Sitka on the IMtli instant, said o«ner having' teiulered a
\alid appeal hoiid with >' eties, residiii;;- at San I'raiieisc'o.
'i'o-day. diiiiii;.f my alleiidaiiee upon tin; Attoriiey-ljineral, he sent a joint telcffram
to the l)istrict .ludu:e and the hislriet Attorney at Sitka, ndviNini; them that his Order of
Lbt lleceiiiher \\as inteiiiled to apply to all elainiants, irrespective of nationality.
'I'lic ti'lci^ram will ;;o hy mail Ironi I'orl rown^enil, and will reach Sitka hefore the
(lay of s le in diK? course.
The Atlorney-( leiieiiil expressed his dissatisfaction with the course of the oliicer.s at
,*^iikii in pu(tiii!j; so narrow a CKiislriiclion upon the orii;iiiaI Order.
(Signed) \;11AULL:s F. IIEN.IAMI.N,
Counsellor-at'Law.
Wiisliiihjtiiii, Ajinl I, I8SS.
V. IJAYARD.
No. 120.
air L. Wi'sl III Ihr Mun/uis uf SaUsbury. — {Riteireil Ajiiil Ui.)
,\ly l..>rd, Washhiijloii, April C, 18S!<.
WiTJi reference to your Lordship'.s despatch of the ;Wth" March, I liave the
honour to inclose herewith copy of a note which 1 addressed to Mr. Hayard, representing
the iniporlance of enahliiig Her Majesty's Government to contradict the report that
orders had hcen issued hy the United Slates' Government for the capture of British
slii|)^ iishiiig in Hehriiig's Sea. ! had previously received a oonini\inicatiou in the ahove
^oiise from the .Manpiis ;il' i.ansdowne, and at an interview which I had with the Seenuary
of .s^tale he stated to ine that no such onlers had lieen issued, which information I
telegraplied to your iionlship on the .Ird instant.
1 have sin''e recei\ed a I'lirther felenram from tlit Maripiis of Lansdowne, copy of
which is inclosed, recpie^ting to know whether his (i a eminent i.s to understand ihat
sealers will not he molested except within the marine league from the shore. 1
lu'cordinnly again called on Mr. ISay.ird, and he repeated lo me, in reply to my iiuotion
in the ahove sense, that no onlers liad heen issued i'or the capture of sealers in Tk'hriug's
Sea. He presumed that the orders 1 alluded to as having heen issued some years ago
Were iiistructiims under Statute (see 1 .0.'iCi Revised Statutes) for the regulation of the
seal ilshevy in tlu; waters of Alaska. Pending international negotiations on this siihjeet,
lie dill not tiiiiik il. was expedient to answer my ipu'-tiin in so far as it related to the
marine league limit, a^ (iiese negotiations had for ohject tlie general protection and
IncscMialioii of tile seal in all waters. He did not wish to see another ISriti^li or
•Ainerican sealer seized, and hoped that no such seizures would occur.
1 have, &c.
(Signed) L. S. SACKVILLE WEST.
[IL'^I
2 C 2
196
Inclosure 1 in No. 120.
Sir L. West to ^fr. Hay aid.
Sir, fl'tislitnijloii, .Ijiiil 2, 18S8.
I HAVE the honour to inform you that tlie Marquis of Salisbury has received
intimation from the Canadian Government to the effect tluit orders have been issued
by the United States' Government for the eapture of British sliips llsliin;;- in Ik'hrin^'s
Sea, and that he has tele;,a-ai)lied to me to represent earnesitly the extreme inii)ortance
of enabling Her Majesty's Government to contradict tliis rumour.
I liave, &e.
(Signed) L. S. SACKVILI.E AVEST.
Inclosure 2 in No. 120.
Tlie Marqiiin of Liinsdoune to Sir L. West.
(Telegraphic.) ' April n, \m^.
IN reply to your telegram of the .^rd April, there is an impression here that orders
were issued some years ago by United States" Government to (JolJeetor at San Francisco
for seizure of vessels found in Hebriug'.s Sea, and that these orders have never been
withdrawn.
May we understand our sealers will not he molested excej)t within the marine league
from shore ?
No. 121.
Till' Marijiii.'' of Salishuri/ to Sir A'. Moricr,*
Sir, Forviijn ()J/!rr, April 10, 1S88.
Tlll'^ Russian Ambassador and the United States' Charge d'Aliiiires called upon mo
this afternoon to discuss ttie (|uestion of the seal fisheries in Hehring's Sea, which liaJ
been ])rought into prominence by the recent action of the I'liited States.
The United States' Government had expressed a desire thai some agreement should
be arrived at between the three (iovernments for the pur()ose of |)r()hil)iting the
slaughter of the seals during the time of breeding; and, at my ie(|ues(, M. de Staal had
obtained instructions from his Government on that (piestion.
At this preliminary discussion it was decided ijrovisionally, in order to furnish ii
basis for negotiation, ami without definitively i)ledging our (Joveruinenis, timt the space
to be covered by the proposed Convention should be the sea between America and Russia
north of the 47th degree of latitude; that the close time shnuM extend from the
ICth April to the 1st November; that during that lime the slaughter of all seals should
be forbidden ; and vessels engaged in it should be liable to si'i/.ure by the ciiiizers of .-(My
of the three Powers, and should be taken (o the port of their own nationality for
condemnation; that the trallic in arms, alcohol, and powder should be prohiliilcd in all
the islands of those seas ; and that, as soon as the three i'owers had eoiieluded a
Convention, they should join in submitting it for the assent of the other ^laritimc
Powers of the northern seas.
The United States' Charge d'Alfaires was exceedingly earnest in jiressiug on us the
importance of dispatch on account of the inconceivable slaughter that hail been and was
still going on in these seas. He stated that, in addition to the vast quantity brought to
market, it was a common practice for those engaged in the trade to shoot all seals Ihev
might meet in the open sea, and that of these a great number saidc, so (hat their skins
could not be recovered.
I am, &c.
(Signed) SAF.ISHUiiY.
• Alsi) 10 Sir L. West.
197
No. 122.
The Marquis of Salishitnj to .S7r L. West. — {Siibslancc Icler/rnphcd.)
Sir, Forciijn Office, April 17, ]8S8.
IlEl! Majesty's Oovcrnincnt !ia\c li.id under consideration tlio jjartieulais received by
thoni in ronard to the claims of Britisli seaiiiiii-vessels seized in I5elirinj;'s Sea, and warned
off In- tlie t'nitcd States' autlioritics.
Til 'J cnnsi<ler that it would he diir!c:dt to arrive at a just estimate of the amoimt of
the claims in question without an investijjation Ijy a Mixed Commission into the
circumstances under which these claims have arisen, wliicli refjuire veritlcation.
I ha^■c accordingly to re(|uest you to ascertain whether the United Stale>' (Jovern-
nicnt would ai;rec to the ai)i)ointment of a Mixed Commission, whose fnnctinns should
be restricted to inquiriui;- whether any compensation is due, and, if so, liow much in
each case.
! am, &c.
(Signed, SALISBURY.
marine league
Foreign Office to Colonial Office.*
Sir, Foreign Office, April 20, 1888.
1 .VM directed by the Marquis of Salisbury to transmit to you a copy of a despatch
uliiih his Lordship has i.ddressed to IFer .Majesty's Ambassador at St. I'etersburi,'h and
llor Majesty's Minister at AV'ashin;,'ton,t recording a conversation ho has had with the
lliis^ian .Vndiassador and the United States' Change d'.VIl'aircs at this Court, on the
-iiliject of tiie measures which might be adopted to check the indiscriminate slaughter of
somIs in Behring's Sea.
1 am to reipiest that, in laying the inclosed despatch before Ilcr Majesty's Secretary
lit State for the Colonics, you will move him to favour Lord Salisbury with any obscrva-
;ii)us he »:iay ha''c to offer upon the proposals discussed therein.
1 am, &c.
(Signed^ JULL-VX PAUNCEFOTE.
No. 121.
Voloiii'il Office If) Foreign ()ffici\ — i Received .ipril 21.)
Sir, Dciiniiiig Strre', April i?(l, 1SS8.
W rril reference to your letter of the Htii instant, I am directed by Lord Knutsford
to (rnnsuht to wm, t.i be laid before the Mar(|uis of Salisbury, for any (diservations
niuih he may have to olVer. a copy of a telegram from the (Jovernor-Cciieral of
• 'aiiiiila respecting the cn^Ci of the I'ritish sealers captured last year.
I am, S:c.
(Signed) JOHN 1!K.\MST0N.
SALISBURY.
Inclosure in No. 124.
The .Marquis of Liinxdmrne to Lord Knut.''t'ord.
(Telegraphic.) " April IS, 1888.
IT seems very desirable time for appeal he extended as long as possible. United
Slates' Govi'rnment should, in the interim, release vessels and skins on security abide by
odiuliiions of negotiations. Owners would desire to appeal as last resort sliould negotia-
tions fail.
Alsi) li] lluiid (if Tr.iili' ail 1 AilMiiralli-.
t N... 1-1
198
No. 126.
*'/> L. West to the Marquis of iiniisbiinj. — (Received April 23.)
My Lord, IViishinijtnn, April 11, 1888.
AVri'H reference to my despntch of tlie (jtli instant, I have the lionour to
inclose to your Lordsliip herewith cojjv of a jjrivate note wliich I have received from
Mr. Bayard, repeafiiiy; what he liad told mo on the (ith instant, that no orders had heen
issued tills year for the seizure of British sealinjj;-vessels in Behrin;;'s Sea.
1 have forwarded copy of Mr. Bayard's note to tiic Marquis of iiansdownc.
1 Iiave. &c.
(Signed) L. S. SACKVILLE WEST.
Inclosurc in No, 1L'.">.
Mr. ntujanl to Sir L. West.
Dear Sir Lionel, Department nf Stdfr, ll'ushiiKjtan, April 10, 1888.
h'MFi'MM'lNG to our conversation held on the illh instant in a pergonal interview in
relation to the Treasury orders for the seizure of British sealiUjii-vessels in Hchring's Sea
i)y United States' I'evenuc cutters. I now ri'iicat, at your rei|ue.st, wiiat 1 then told you
in reply to the nieinoranduni of in(|uiry hy Lord Salisbury, that no orders on the
■oubject rei'eired lo had heen issued thisyerr hy the Treasury T)ei)artnu'Mt.
Very truly yours,
(Signed) T. F. BAYAKlJ.
No. 126.
Coloninl Office to Forciijii Office. — (Rvcein-d April 24.)
Sir, Doiniiiitj Street, April 24, 1888,
WITH rclVrcncc to the previous correspondence relating to the seizure of British
fishing-vessels in Ueliring's Sea by United States' crnizers, 1 am directed hy Lord
Knutsford to transmit to you, to be laid before the Manjuis of Salisbury, a copy of a
confidential des])at(!h received from the (Jovcrnor-(!eneral ot f'anada, inclosing copies of
telegrams which have jiassed between his Lordsiiip and the Lieutenant-tJovcrnor of
British Columbia res])ecting the arming of sealing-vcssels to resist capture by the United
Slates' cini/ers.
1 am, iVc.
(Signed) .lOIlN BKAMSTON.
inclosurc 1 in No. 120.
Tlie Miirriin's of Lansdowue to Lord Kiiulxford.
My Ii(Md. Gorenwicitt Ihmse, Oltiiiai, Manli 20, ISSS.
I HAVE till hcMiourto transmit, for your Lovd'hiji's inf aniatiuM, co|)ies of tilograius
which I have received from tin; Lieutcnanl-tiovernor ol' jiritisii Coluiiibia, <laled the
27tli and i'DLli instant, stating that the owners of s aling-vessels now on the point ot'
deiiarture for the Jiehring's Seaare arming their vessels and crews to resist cap'ure hy United
Stales' cruisers. I also inclose a copy of my reply to the former of these telegrams.
1 have, i^c.
(Signed) LANSDOWNF,.
Inclosurc 2 in No. 1215.
Lieutenant-Governor Nelson In the Miir(itii.s of lAinndowne.
(Telegraphic.) Wirlorin, Ihilixh Colrinhiii, March 20, T8S8.
iMV (Jovernnicnt has received information that senlcr-, on point of depaihii' for
Bchring's Sea, are arming their vcsselti and ciew.s to resist capture.
199
Inclosure 3 in No. 12fj,
The Marquis of Lnn.sdoivnr to Lirulciiinit-drtii'iiior Ncl.ioii.
(Telegraphic.) OUaini, M,irrh27, 1H88.
IX re])ly lo your telegram of the 2(itli, puhlic notice should he issued ljy your
(iovornmeiit, cautioning jjersons going oti .•^ciiling exijcditions to retrain from assertion
iiftlieir rigiits hy force, and from taking on hoard arms and aniuiunition in uxrcss of
their usual re(|uirenicnts. The wiiole matter f((rms tlie sul)iL'('l of diploniiitic negotia-
tions now in ])rogress. Any iiiten)[)erate action in tiie meanwiiiie woidd lie most
Jutrimental to British Coiumhian interests, and might lead to serious complications, and
In' followed hy grave consequences.
Inclosure 4 in .\o. 120.
UYAHD.
Lieiilenuiit-liuvrrnor Nelson to Ihc MKrqui.s of Ldiisdainiv.
('I'('iegra])hie.) Victtirlii, /irilish Coluinbhi, Maicli i'!), Jsss.
rr IS re]>orted that, with a view to protecting their vessels and j)roperty from lawless
(lesions of United Htates' f!overnm"nt, some persons, fitting out here for sealing, are
iiriniiig their vessels and crews, anil uidess ])rotcctioM is alt'orded by imiierial (iovcrnment,
MTious loss of i)roperty, and ])ossilily human life, may result. Dominion Government are
therefore urged to lake such steps tor the i)rolcelion of British interests in llehring's Sea
as iniiv he (k'cniud advisable.
No. 127.
LAMSTON.
Admirnllii lo h'oreiijn Of/ire. — [Rrceivid .tjiiil 20.)
Sir. Ailmlrnlh,, April 2."i, 1888.
MV Lords Commissioners of the Admiralty have had under their consideration
your letter of the 2nth instant, inclosing a copy of a despatch, dated the TUli instant,
»hich iias been addressed hy Lord Salisbury to Her Majesty's Ambassador at St. Peters-
liiugh and Iler Majesty's ^linistei at Washington in regard to the adoption of
measures to cheek tlie iudiscriminate slaughter of seals in Hehring's Sea.
2. My Lords re(iuest that you will state to fjord Salisbury that their Lordships full
iijiu'ur in the views .set forth in the inclosure to your letter now under reply.
I am, &c.
(Signed) EVAN MACGRKCIOU.
No. 128.
Colonial O/ficr In I'orrii/ii OJfire. — (lieceiccd April 2(1.)
Sir, Doiniinij Slrffl, Ajiril 2o, ISSS.
1 AM directed by Lord Kiuitsford to acknowledge the receipt of your letter of the
-Olii instant, transmittmg a copy of a despatch addressed to Iler Majesty's Ambassador
ill St. IVtersburgh res|)ecting the proposed cstahlisinnent of a clo.se time for seals in
Iteliring's Sen.*
in reply, 1 am to inclose, for the inforuuitiou of the Munpiis of Salisbury, a copy of
ilie exiemler of a telegram wiiieli uas sent to the Cioveruor-General of Canada, on his
Liirilship's suggestion, iiKpiiring wlietiier the Dominion (iovernment were aware of any
ehjeclion lo the proposed arrangement.
1 am also lo inclose a copy ol a despatch from l/ord Lnnsdowno, in the two
I'liiicluding paragrajjiis of which he points out that tiie probable ellect of the proposed
iliise time on ibe operations t)( the Canadian sealers would he to exclude tliem coni"
|ilelely from the rights which they have until lately enjoyed without (|uestion or
iiiiilestation.
In tiiese eircunislanees, it is prohablo that the United States' proposals may not be
» No. in.
roo
ncccptiHl !)}■ ( 'i\iiacla »'tliouL rostirvo, and Lord Knid^-Ford would suggest tl'at, pi'iidiiig
the rec'i'i|)t (if llio oljsorvalioiis of the Dominion Government in response to the invilatiim
contained in iiis dos])ateli of the Stii ^farcli, retenvd to by Lord Lansdo\vi\e, no liiiid
action .siioulil i)e taken in the matter.
I am, iVe.
(Signed) KOI5ERT G. W. IIEIIHERT.
Inclosure 1 in No. 12S.
I.fird. Kiuilsfitrd In the Miirijiiis of Litnsdoinie.
My Lord, Domiing SIrcel, Ai-ril 2\, 18.S8.
I ll.W'I'i the iiiinour to a('(|iiaint yiiu tiiat 1 have this day telei:;raphed to you, uitli
reference to your des|)atch of the !)lli inslant, that nc:;otiations are proceedinj;' between
Russia, iho rnit^d States, and (Jreat 15rilaiii with rci^ard to the establisinnent of a close
time, dnriug whieli it woidd he unlawful to kill seals at sea, in any manner, to the north
of the tTlli jiarallel of iatitndo between tlie coasts of Russia and America, and iiniuired
whether y(an' (io\erninent was aware of any objection to the proposed arranirement.
I added thr.l, "f course, as regards rana<lian waters, Canadian lej;i.slation would be
necessary.
I have, &c.
(Signed) KNUTSFORI).
Lielosure '1 in NO. 128.
'/"/((' Miiiijiilf< of Litnsdowni' In Lord Kiiiiisjiud.
(E.xtract.) (lorcnimrnl Ifoiisf, Dtluini, Ajiril !), 1.^8l<.
IX reference to my despatch of (he 2i)lh March, 1 have the honour to inclose
herewith copy of a telesram, dated the oth instant, from the .\t(orney-()!eneral
of British Cohnnbia to Sir John Macdonald, acfpiaintinj; him that my tele;;rani,
of which a copy was sent to you in the above despatch, had been published in the
j)ro\ incial press as a waniinn' to sealiri^-vesscls, and that there was reason to believe
that these vessels had, in conse(pience of the intimation thus };'iven, ceased to arm them-
selves for the puri)0.>e of resistini;- the cruizers of the United States.
I have forwarded to you by this mail copies of a telcfi'iam received from Sir L.
West in reference to the probable action of these cruizers during' the i)resenl season, and
of a tele{|;rani addressed to him by me in reply.
I obscive that the iiifornialion obtained by Sir Lionel West from Mr. I'ayanl,
which is the same as that coimminicated to me in your telegiaphic des])atch of tlie (Itli
instant, is merely to the elfcct that no orders have been issued by the I'luted Slates for
the capture n'l Ih'itish shiii-- ii>binj,'' in liic liehriug's Sea. 1 need scarcely point (tut that
this is iKJl ccpiivaK'nt (o an assurance that such vessels will nut be molf-tcd except whcu
found »iil]in the It-mile limit, and ib;it we are not informed whether any orders which
have been already issued in this connection are or are not stdl in force.
1 nceil scarcely point out that the close time for seals, referred to in your lelegrain,
is created muU'r a Statute of the United Stales, which is not obliiratory except upon
the subjects of that Power. The propo.ial contained in the inclosure to your ('oiifidential
despatch of ilio Stii Marcli, I88S, tor the adoption of a similar close season by British
iishermi'M is at present receiving tin; careful consideration of my Government. Smdi a
close tiiiH! could obviously not be imiiosed upon our fishermen without notice or without
a fuller di' i-ussion than it has yet midergone. You are aware that, during the close time
enfoic'il bv the I'nited States' Statute, the seals, although protected from slaughter hy
the use of lirearnis, nuiy be killed in great iimnbers on their breeding-grounds by the
persons who enjoy the monopoly of the trade under Concessions IVom the I'nited States'
Government 'i'he rest of the year the.se animals are, according to ;\Ir. iJayard's .state-
ment in his despatch of the 7th February, 1S8S, '"supposed to spend iii the n\}on sea
^onth (if the Aleutian Islands," where they are |)rohahly widely scattered ami diflicult to
lind. It would ajipcar to follow that, if concurrent regulations based upon the .\nicricnn
Law were to be aibipted by (Jreat jiritain and the United Stales, tlie |irivilegcs enjoyed
by the citizens of the latter I'owcr woidd be little if at all curtailed, while British lishcrnicn
201
would find themselves completely excluded from the rights which until lately they have
cnjovcd without <|ue8tion or molestation.
Ill niakiiif? this observation I do not desire to intimate that my Government
would he averse to entering into a reasonable agreement for protecting the fur-bearing
animals of the i'arific coast from extermination, but merely that a one-sided restriction
siR'li as that wliicli appeared to be suggested in your telegram could not be suddenly and
arbitrarily enforced by my Governm^mt upon the fishermen or this country.
I have, &c.
(Signed) LANSDOWNE.
Inclosure 3 in No. 128.
Mr. J. Rohson to Sir J, Macdoimld,
('I'elographic.) Victoria, April 5, 1888,
XS a warning, Lord liRnsdowiie's telegram to rjieutenaiit-Governor was published on
29th ultimo, and, [ believe, arming has been discontinued, but to avert serious trouble
assurance of protection continues [?] essential.
No. 129.
Colonial Officn to Forei(/n Office. — Received April 28.)
Doirniiiij Street, April 27, 1883.
'If reference to the letter from this JJcpartiuent of the 2''/tli instant, 1 am
Sir,
WIT
directed by Lord Kiiutsford to transmit to you, to be laid before the Marquis of
Salisbury,
Dominion
Ik'hriiig's
Lord
should be
a telegram from the Governor-General of Canada, explaining the views of the
(loverniiient with regard to the establishment of a close time fur seals in
Sea.
Knutbfoid would be glad to know what reply, if any, Lord Isalisbury thinks
sent.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure in No. 120.
The Marquis of Lansdowne to Lord Knuisford.
(rejcgraphic.) {Received at the Coloiii(d Office, April 2"), 1888, 10' 10 r.M.)
11' ])roved to be necessaiy, Gaiiadian (iovernment will be ready to join other
Govornnu'iits in adopting steps to prevent exterininatioii of fur-seals in Northern Pacific
"eiTiii, but, before tinal agreement, dcKires full information and opportunity for con-
sidi'ring operation of proposed close time.
I'^stablishment of close time at sea only would give virtual monoiioly of seal (isheries
to Kushiii and United States; the latter Power owns the most important breeding
liliiti's, ill which close time would not operate.
Higlits should be reserved for Canada of terminating arrangement after sutlicient
notice, not exceeding two years.
No. 130.
The Marquis of Sutishurji to Sir L, \Ves:t. — {Substance tdf graphed.)
''ir. Foreiijn Office, April 2[), 1888.
\\ rrH reference to Lord Lansdowne's des|)atcli of the 21st March," respecting
j tlie lUiiriiig's Hea <piestioii, a copy 'of which was forwarded to you by his I'jxeellency,
1 1 have to ie(|ue»t that yon will propose to the I'liited States' Government tlipt the
limit of time fixed for the prosecution of the appeals in regard to the seizures of British
[128]
« SfO No, 114.
so
2oa
scaling-vessels should bo extended by consent for such a period as may allow of the
claims in question being settled by diplomatic negotiation without prejudice to the
ultimate legal remedy by appeal if such negotiation should not be successful. You
should also propose that the vessels and skins should be in the meanwhile at once
released on security.
The stipulation made by the American Court that the sureties should be American
citizens resident in the States is objected to by some of the Canadian defendants, but
this condition appears to mc to be reasonable,
I am, &c.
(Signed) SALISBURY.
No. 131.
Sir L. West to the Marquis of Salisbury. — (Received April 30.)
My Lord, Washington, April 19, 1888.
UPON the receipt of your Lordship's telegram of the 17tli instant I addressed
a note verliale to Mr. Bayard, copy of which is inclosed, ... order to ascertain whetlicr
the United States' Government would agree to a Commission to inquire into the
claims of British sealing-vesscls seized and warned off by tlie Uditcd States' authorities
in Behring's Sea. I handed this note myself to Mr. Bayard, who read it, and remarked
that from what had passed in the Fisheries Conference he had been led to believe that
these claims would be held over. He would, however, answer my communication.
I have, &c.
(Signed) L. S. SACKVILLE W.E8T.
Inclosure in No. 131.
Note Verbale.
HER Jfajesty's Government have just received the particulars of the claims for
compensation on account of British sealers seized and warned ofi' by the United States'
authorities in Behring's Sea. A just assessment of these claims appears to them difficult,
without investigation and verificaticni, and they therefore wish to ascertain whether the
United States' GoviTnment would be disposed to agree to a Commission which should
be restricted to inquiring in each case whether compensation is due, and the amount of
such compensation.
Wushimjton, April 18, 1888.
No. 132.
Board of Trade to Foreign Office. — {Received May 5.)
Sir, Board of Trade, London, May 4, 1888.
I AM directed by the Board of Trade to acknowledge the receipt of your letter of
the 20th ultimo, in which you transmit copy of a despatch addressed by the Marquis of
Salisbury to Her Majesty's Ambassador at St. Petcrsburgh and Her Majesty's Minister
at AVnsliington, recording a conversation which his Lordship has had with the Russian
Ambiissiiilor and the United States' Charge d'Affaircs at this Court on the subject of
adopting measures with a view to check the indiscriminate slaughter of seals in
Behring's Sea.
With reference to the concluding paragraph of your letter, I am to request that you
will state to Lord Salisbury that the Board of Trade have no information to enable them
to speak witli confidence on the subject, but that, so far as they are in a position to judge,
they would be disposed to regard favourably the proposals indicated by you as a basis for
negotiation, and which contemplate restrictions i)artly in analogy with those already
constituting a close time for the seal fishery of the Greenland Sea, where, however, the
valuable fur-s- als tor which the Behring's Sea is noted arc not found.
At the same time, it may be supposed that the Western British Colonies in North
203
Aniprica would be interested in tlie matter, and tlicy niif^lit bo prepared to criticize tlie
proposals in (jucstion for reasons with which tliis Department is not acquainted.
I iiave, &c.
(Signed) HENRY G. CALCRAFF.
No. 13:5,
Sir L. fVest to the Marquis of Salisbury. — {Received May 14.)
My Lord, Wnshimjlon, April 22, 1888.
WITH reference to my despatch of the 19th instant, I have the honour to
inclose to your Lordship herewith a copy of a note verbale which I have received in reply
to the one which I addressed to Mr. Bayard, copy of which was inclosed in that despatch,
statinj; that, in the cases of British vessels seized in Behring's Sea, it is preferable to await
the judgment of the Appellate Court in the premises.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Inclosure in i^o. 133.
Note Verbale.
RESPONDING to the note verbale of Sir L. West, dated the 18th instant, it is
suggested, on behalf of the United States, that, as the cases of seizure of British sealing-
vcsscls in Behring's Sea therein referred to are now in Court pending an appeal from a
judicial decision, it is preferable to await the judgment of the Appellate Court in the
premises.
Vr'ashington, April 21, 1888.
No. 134,.
Sir L. West to the Marquis of Salisbury, — (Received May 14.)
My Lord, fVashington, May 1, 1888.
I HAVE the honour to acknowledge the receipt of your Lordship's telegram
of the 29th idtimo, and to inclose to your Lordship lierewith a copy of a noce which I
aiiiliessed to the Secretary of State, in the sense conveyed therein, on the subject of the
eases of British vessels seized in Behring's Sea, upon which appeals are pending.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
Inclosure in No. 184.
Sir L. West to Mr. Bayard,
Sir, Washington, April 30, 1888.
WITH reference to pending legal proceedings in the cases of British vessels seized
by the United States' authorities in Behring's Sea, I have the honour to inform you that
I am instructed by the Marquis of Salisbury to propose to the United States' Government
that the time limited for the prosecution of the appeals in these cases should, by consent,
be extended for such n period as may permit of a settlement of the claims in question by
diplomatic negotiation, without prejudice to the ultimate legal remedy by appeal, should
such negotiation be unsuccessftil, and that the vessels and skins should be at once
released on security.
It is understood, indeed, that permission has actually been given to the owners of
these vessels to bond them pending appeal, provided the sureties are citizens of the
United States and resident therein, and, under these circumstances, the proposal for an
extension of the time limited for such appeal is submitted in view of any diplomatic
negotiations which may ensue, having for object the satisfactory adjustment of all matters
connected with these cases.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
[1281
2 D 2
2M
No. 135, ■ ( ' ' .
Colonial Office to Foreign Office. — (Received Mai/ 14.)
Sir, Downing F^lr-et, May 12, IftSf".
I AM directed by Lord Knutsf'ord to Irnnsniit to yo\\ a coi)y of the telcf^rnm which
wns addressed to tlie Oovoriior-Cieiieral df ("aiiaihi iijx)!! thi- (niostioii of the jiroposcd
close time for seals in Uchrinj^'s Sen, tojjetlier with a coiiy of the reply which has now
been received from the (Jovernor-Genenvl, and which I am to refjuest may he laid
before the Marciiiis of Salislmrv.
I am, i"<cc.
(Signed) KDWAU!) WINCKIHM).
Inclosurc I in No. 13;").
Lord KnnUford to the Maniuls of Ijunsdon-ne.
(Telegraphic.) Dnimin'/ Street, May 0, ISfiS.
BEIIRING'S SEA close time for seals.
AVith reference to your telef!;ram 2r)th April, would ohjcctions of your (jovernnicnt
be met if proposal to take 50th degree north latitude be reverted to instead of 47th ?
Inclosurc 2 in Xo. 135,
The ^fdnjuin of Lanndoirno to Li
Kniilsfnrii.
(Telegraphic.) ' " ,V«i/ 11, 1888.
1 HAVE received your cablegram of the 9th instant. '!"he objections of the
Canadian Government would not be removed by the substitution of the 60th instead of
the 47th parallel. A Report on close time (piestion is in course of preparation. My
Government hopes that no decision will be taken until you are in possession of it.
No. im.
Sir L. West to the Marquis of Salisbury, — (Received June 1 1.)
(Extract.) Washington, May 30, 1888.
WITH reference to my despatch of the 1st instant, 1 bavc the honour to inform
your Lordship that at Mr. Bayard's rc(|uest f called upon him, and be then remarked to
me, with reference to my note of the ."Jtlth April, that be was not aware that there were
any vessels or skins held at the jiresent moment.
"With regard to extending the time limited for appeal, he said that be bad consulteil
with the Attorney-General, and that he bad found that it was not in tlie power of
the Executive to intervene in the matter. Having given me this explanation, he said he
would reply to my note in this sense.
P.S. — I subjoin copy of the reply to my note of the .'^Oth April, which 1 have jiis^t
received.
Inclosurc in No. 130.
Mr. Uaynrd to Sir L. West.
Sir, Department of State, Washington, ^fuy 2B, \8f^^.
I H.WB the honour to acknowledge yom- notes of the 30th ultimo and tlie
2otb instant, both relating to the ai)])eiils taken in the.ludieinl Court.i in Aia^lia fiiini
decrees in cases of British vessels seized by the United States' Revenue oflieinls in
Bebring's Sea, under charges of having violated the laws of the I'nited Slates regulating
the killing of fur-seals,
I must excuse myself for the ilelay in making reply to your note of tlie .'iOtb .V[iril,
which was caused by my desire to obtain from you a verbal ex])]anation of what appeared
to me an inadvertent expression contained therein, from wliii'b it appeared that the
"skippers" were held under arrest as well as the sealing-vessels.
In my personal interview with you today it became mutually understood that there
205
lias been niul is no such personal detention in any of tlio cases, but the proceedings have
all been in rem iigainst the vessels so employed and their outfits.
The siifTKcstion of (he Marquis of Salisbury that the time limited for prosecution of
the npponls (entered already or proposed to bo entered) in the cases referred to, in order
tii;;ivcan ()])|i(irtuiiity for a diplomatic settlement [.siV], will meet with favourable considera-
lioii witliin I lie limits of statutory provision in relation to the docketing and prosecution
(]|'a]ipfals.
While it is not within the power of the Executive Branch to alter or extend the
>(atutiiry limitation in resjjcct of the time of entering such api)ea!s, yet as far as
,i;,'iceineiit of both ])arties may prevail in i)rocuring postponements of the arguments and
lilcadings, after tlie appeal has been duly taken, I apprehend that there will be every
ilisposition on the part of the prosecution to give time for diplomatic arrangement.
Accc])t, &c.
(Signed) T. F. BAYARD.
No. 137.
Erinirl from Ihis.iiiin Mcmnrandnm rrr/nrdinij llunthxj of Seals. — (Commitnicnted by ^f, de
Hinnl to the MoKJuhi of Stilisbiiri), JuUj 25, 1888.)
LKS endroits ou so pratique la cha.sse aux otarics pcuvcnt se diviscr en deux
^roupes distincts : —
I'lcniipr groiipc comprcndrait —
Ill's lies rriliyloH'<liiii» la Mcr (u' HehriiiK .. .,
Lc8 lies <lu f'ommandciir (lc» lies de I'.eliriiit; et dc (,'iiivrc)
L'llc des Plioqiics (Mer ()kh()t«k) . .
Lc dcuxii'me Ki""!'*" —
I.u iiier pies den cotes do Victoria
I'olms ,. ,, ., ,,
Les lies pies dii Cnp ll(irii et la Mer I'olaire dii Slid .
liC Cap lie IJoiine-Kspernncu .. ,,
Les lies Japonriises . , . , , . ,
Nonilire
des Otaries tuees
on 1S85.
100,000
45,000
1,000
1-19,000
IJO.OOO
l.'),ll()0
10,000
.'(.OOO
7,000
7,000
ich I have jusit
•stood that there
Dans le premier groupe le nomhre des otaries tuecs tous Ics ans est de beaucouj) plus
iiiiportant que dans le dcuxienie groupe La chasse s'y pratique sur dea bases rationnelles,
o'l'st-a-iliro qu'on n'v tue que ics otaries qui repondent aux exigences du commerce:
(I'liiie certaino tnillc et du sexe mi'ilc et a I'epoque de I'annee on la fourrurc a le plus dc
valour commcrcialc. En outre, la chasse s'y regie de faeon que le nombre des otaries qui
tii'(|ucntent ccs iles, loin do diminuer, augmento tous les ans.
Dans le deuxiume grou|)e, la chasse a lieu sans ancun systi^me ; on y tue les otarics
males ct femelles de tout Age sans tenir compte des I'poqries de I'anm'e. To tiiode
ilVxteniiination et le manipie de lois protectrices font craindre la disparition complite des
otarii's de ces parages. Commc pieuve on cite des endroits appartenant a ce deuxieme
i^ionpe oCi jadis (m trouvait des millions dc ces phocaces et oil nuiintcnant on en tue ii
IK'inc (|uel(pies milliers.
La periode (pii suivit I'expiration de la Concession accordee a la Comiiagnic Kusso-
Ami'ricaine jiour I'exploilation de la chasse sur ics lies I'ribyloli' et dii Connnandeiir a
I'lairi'iiient ili'inontri! tout le mal qu'uiK' eliasse lihro pmnrait faiie nil di'vebippemcMt et
M la nmlliplication des otaries. Apri-s I'expiration de eette Conees^iinn les iles doviiirenl
In piiiio du preinier vcnu et les cliillifs qui suivent di'inontreMt la iir<)gres>ion I'nonne
li'ia siibi lc nonihrc des otaries extcrniiiices pendant ccs deux amices: -
Vm 18(17, le nombre des olarics tuees sur les Isles i'rihvlotl' elait do lO.OiKi; pu
IS'liS, do 242.000; et en IHCiiJ. de 87,000.
Sur les lies du Commandeur on avait tiid Tannic 1807, 4,000 otaries: I'anne'c 1808,
l-'/iOO; rann(5e 1800, 21,000; et I'annc^e 1870, 27,000.
200
Ci' ri'ost (|iio IVloiKni'liu'nt dt- ces ilos de.s contrcjcs liabitces et Ic iioiubre miiiiinc du
Iti populiilioii locnlu (|ui a cmpc'c'lic In dcslructii)!! coniplMc de cc» phocncuH.
Pour inettrc f'm a ccs nbiis, Ic Ooiivorneiiu'nt des Rtats-lIiiisd'Am(iriquc concdda en
187'> i\ 111 Compiiiiiiii' dc Coiimu'ico d'Alinska lo droit d'exi)loiter la dmssc des otarioa
8ur les lies I'ribyloll' pendant viiii;t aiis.
La meiiic Compngiiie. niais sous un autre nom. obtint uuo autorisation analogue du
Gouvernemcnt llusse pour la cliasse des otaries sur les Isles du Commandeur et dc8
Phoqucs, pour la nienie periode de vinfit ans, ;> pnrtir du IP Fdvrier, 1871.
Ainsi, nous voyons <|u'un monopolo prive a etc concede sur les lies frdquentdes par
les otaries trois ans a peine apres I'expiration de cclui do la Conipagnie Uusso-
Americaine.
Cc monopole a (5te reconnu neccssaire pour les deux Gouvcmements il la suite dca
conclusions des Commissions Riisse et Americaine, institutes dans le but detudier la
question de la cliasse aux otaries et Ic moyeii de pr''!;ervcr ces aniinaux d'une destruction
complete.
D'apris le Contrat par le Gouvernemcnt Ilussc, lo nombre des otaries que la Com.
pagnio a le droit de tucr est regie ebaquc annec par les autoritos Russes locales. La
chasse no peut etre pratique (pie par les indigenes, cxccpte sur I'lle des Phoquca, oi!l la
Compagnie peut employer ses proprcs ebasseurs, I'ilc n'etant pas Imbitdo.
En Lcbangc de cbaque peau la Compagnio doit payer aux indigenes un certain prix
prevu par le Contrat. L'e'potpie de hi ehassc est strietement limitdc.
Ce ([ui fait le plus de tort an developpeincnt du nombre des otaries c'est la chasse
illicitc qui sc pratique tant en pleinc mcr (pic sur les lies .laponaises et quelquefois sur
I'lle des Phoqucs aprus le dt'jpart du batiment de la Compagnie, ce qui arrive g(;n(5rale-
mcnt vers la mi-Oetobrc. D'apres les Rapports des Douancs Japonaises il a 6t6 import(5
au Japon, pendant ranmie 1884, ;},400 peaux d'otaries r(isultant do cc genre de
braconnagc; ce qui ferait 50 pour cent sur toutes ics to. ■• I'-es d'otaries cxport(5c3
du Japon.
Jusqu'A 1862 il n'existait pas dans ce pays de loi prohibant la chasse des otaries.
En 18G2 unc Loi d(jtcndant cette chasse a dte pri/mulguce sans eflet, les lies nV'tant pas
suffisamment gard(ics contre I'invasion des bracor.niers.
En autonnie les otaries quittcnt la tcrre fernic et se dirigent au sud des lies
Al(30uces, oil dies sejournent le reste de Tannic en pleine mer, C'est alors ([u'ellcs sont
cxposijcs aux atta(iucs des niivires arnie's en chasse qui les dctruisent par tous les moycns :
amies a feu, filets, harpons, &c., sans distinction entie les nifdes et les fenielles pleinea.
II n'y a qu'un tiers seuloment des animaux tuds de la sorte qui est utilis(5, le reste sc
pcrd sans le moindrc profit. C'est a ce genre de proct^dtj qu'on attribue la disparition A
pcu intia compete des otaries sur les ciUes du Chili et de I'Afriquc Mi'ridionalc, ainsi
que sur les lies de Falkland.
On a peur que le nieine sort no soit r(jserv(j aux ilcs de la Mer de Beliring, h tnoina
que des nicsurcs cfficaces nc soicnt adopt(jcs ii brcf diJlai pour prot(!'ger les otaries.
(Translation.)
THE places where fur-seal hunting takes place can be divided into two distinct
groups : —
Number of
Fur-Seal« killed
in 1KK5.
Tlic first [;rou[) would include —
Tlic I'ribylolT Ifliinds in Itelii-iiig's Rra .. ,.
The Comnmndcr Islands (lii.'liriti;; anil t'oppi r Islands.) ..
The iScal Islands (t^ea of Okhotsk) ..
100,00(1
■15,000
■1,000
119,000
The second uronp —
Till' sua udjiiinin); lliu coasts iif Victmiii
Lolias . ,
Till' islands near Cajic lliirii and the iSoulh I'lilur Sea . .
The Cape ul' Goiid Ho[ic ,, ,, ,,
The .Japanese Islands , , , , , ,
•JO.OOO
1 .'1,000
10,000
5,0OU
7,000
57,000
S07
two distinct
In the first group the number of fur-seals killed annually is niiich larger Ihan in the
second group.
Hunting is conducted on rational bases, i.e., that otdy siicii fur-seals nro killed as are
useful for commercial [lurposes, seals of u certain si/e, of the male sex, mid at a lime of
year when the fur has the most commercial value. In additicn, tiie hmltin^' is rcf^ulated
in such a way that the nund)erof fur-seals which frc(|uent the islands, far from diminishing,
increases every year.
In the second group hunting is carried on under no system. Male and female fur-seals
of every nge are killed, without regard to the season of the year. In consequence of this
destructive method, and the absence of protective laws, the complete disapix'arance of the
fur-seids from these shores is to l)c apprehended. As a jiroof, it is stated that millions of
fur-seals were found formerly in pluccs in the second grou]) where hut a few thousands are
killed now.
The period which followed the expiration of the Concession accorded to the Russo-
American Company for hunting on the Pribylofl" and Cotnmander Islands clearly showed
the injurious eflect of unrestricted hunting on the development and multiplication of
fur-seals. After the (!X])iration of this Concession the islands became a prey to the first
comer, and the following figures show the enormous increase in the number of fur-seals
exterminated during these two years ; —
In 18C7 the number of fur-seals killed on the IVibylofT Islands was 40,000 ; in ISGS,
242,000; and in 1809, 87,000.
On the Commander Islands 4,000 fur-seals were killed in lHCt7 ; 12,000 in 1868;
21,000 in 18f!9; and 27,000 in 1870.
The complete extermination of the seal species was only prevented by the distance of
these islands from inhabited countries, and the limited numbers of the local population.
To ])ut an end to these abuses the United States' Government conceded, in 1870, to
the Commercial Comi)auy of Alaska the right to fur-seal hunting on the PribyloH' Islands
for twenty years.
The same Company, under a diderent name, obtained a similar authorization from the
Russian Government to hunt fur-seals on the Commander and Seal Islands for the same
period of twenty years from the I8tli February, 1871.
It is thus seen that a private monopoly was conceded on the islands fi'ecjuentcd
by the fur-seals hardly three years after the expiration of that ot' the Russo-Au\crican
Company.
Tliis monopoly was recognized to be necessary by the two Governments in
consequence of the conclusions of the Russian and American Commissions which were
appointed for the purpose of examining the question of fur-seal hunting and the means of
jireserving these animals from complete destruction.
According to the terms of the Russian Contract, the nuudier of seals which the
('onipnny has the right of killing is regulated every year by the local Russian authorities.
Hunting can only be carried on bv the inhabitants, except on Seal Island, where the
Company can employ its own hunters, the island being uninhabited.
In exchange for each skin the Company must pay the natives a certain price as
provided for in the Contract. The season of hunting is strictly limited.
What most hinders the increase of the fur-seals is the illicit hunting which takes
place in the open sea, as well as on the J."; , .^!,c Islands and sometimes on Seal Island
after the departure of the Comjiany's ship, which takes place generally about the middle of
October. According to the Jajjanese Customs Reports, .'{jlOO fur-seal skins, which
represent the produce of this kind of poaching, were imported into .Japan in 1884, which
nniounts to 50 per cent, of all the seal-furs exported from Japan.
Till 1862 there was no law in this country prohibiting fur-seal hunting. In 1862 a
\m\ was passed forbidding it, but without cfTect, as the islands were not sufficiently
(Id'ended against the inroads of |)oachers.
In the autunm the fur-seals leave the land and make for the south of the Aleutian
Islands, where they stay for the rest of the year in the 0])en sea. It is then that they are
exposed to the attacks of ships ecpiipped for the hunt which destroy them by every means,
fire-arms, nets, harpoons, &c., without distinguishing males from females with young.
Only a third of the animals killed in this way are utilized ; the rest are lost without any
profit, It is to these proceedings that the almost complete disappearance of fur-seals
from the coasts of Chile and South Africa, as well as from the Falkland Islands, is to be
attributed.
It is to be feared that the same fate is reserved for the islands of the Behring's Sea
unless efficacious measures are shortly adopted to protect the fur-seals.
208
No. 13S,
Colonial Office to Fon'i<ju Office. — {Rvcriced Jahj 'H't.)
Sir, IhiwiiitKj Strci'l, Juli/ 2'>, ISS-i,
WITH rt'fcront'i' to iirovioiis corrospoiKk'ncf rcsiu'ctinjr tin- sciziiri' of IJriti'.li
sL'iiliiif,'-vi'ssi'ls ill till- Itoliriiin's Sini, 1 inn dircftod i)v Lord Iviiiitsl'ord to traiisinit lo
yon, to 1)1' laid hcforo tlu- Martinis of Salishiiry, a copv of a di'spatoli from tiic (iovoriior-
Gt'iieral of Canada, «itli its inclosnres, ndaliiij; to tlu- circnnistaiici's in wiiicli tlie
Hchooner " \V. P. Sayward " uas roicased under bond at Sitka.
I am, &c.
(Si.i;nod) JOHN I{]lA]\ISTOX.
Inclosiiri' I ill No. 13!:'.
Lnid Sliiiilfij (if Prvsloii lo Lord h'lnil.tford.
'My Lord, Cascdpi-dia River, Xew Richmond, Jniir '2o, 1H88.
WITH refercni'e to previous correspondence upon tiie sulyei'i, I liave tiie lionoiir to
transmit to your Lordsiiip a copy of an approved Minute of the Privy Council of Canada
submitting a copy of a letter from the attorney of Captain J. U. Warren with reference
to the circumstances under wliicli the seized sealinjf.schooiier "W. P. Sayward " was
released under bond at Sitka.
I have, &c.
(Signed) STANLEY OF PRESTON.
liiclosure 2 In No. 138.
Report of a Committee of the Honotirahle the Privi/ Council, approved bij his Excellency the
Governor-General In Council on the 2l.v< June, 1888.
ON a Memorandum dated the i)th June, 1888, from the Minister of Marine and
Fisheries, submitting the accomjianying letter from the attorney of Mr. J. D. AVarren
with reference to the cireuinstai..'c' under wliich the seized sealing-schooner " \V. P.
Sayward " was released under 'loi.d at Sitka, and recommending that the same lie
forwarded to the Principal Secrftary I't State for the Colonies for the information of Her
Majesty's Government.
The Committee advise tliai ^ our Excellency he moved to forward a copy hereof to
the Right Honourable the Secretary of State for the Colonies.
All which is respectfully submitted.
(Signed) JOHN J. MctJEE,
Clerk, Pririj Council,
Inclosurc 3 in No. 138.
Mr. Beli/ea to Mr. Tillon.
Dear Sir, Ottawa, Ontario, Mai/ 23, 1888.
I AJl in receipt of a letter from Captain J. D. Warren, of Victoria, liritisli
Columbia, under date the 16th instant, in which he informs me of tlie circumstances
under which the seized sealing-schooner " W. P. Sayward " was released under bond.
He had gone to Sitka to secure, if jjossible, the release of all the schooners seized in
1887, viz.: the " (irace," "Dolphin," "Anna Beck," " W. P. Sayward," and '^ Ada."
The bond on release was conditioned on prosecuting an appeal from the Alaska District
Court to the Supreme Court of the United States. The formal motion thus became one
" for leave to perfect an appeal," and such motion for each of tlie vessels was made on
the Htli April last before Judge Dan son at Sitka, and in every case refused, on the
grounds tiiat the time for allowing an appeal had expired. ( 'aptain Warren's counsel
then applied for a record of Die order refusing leave to appeal. This was on Saturday.
On Monday following, the IGth April, without any ajiplication therefor by the
defendant or any one on his behalf, Judge Dawson offered to rescind the order of
Saturday in the case of the " W. P. Sayward," and rcleaso her to her owners. She was
2M'.t
llicii luiii: III l'ii<.^'l°s Soiiiiil. miller iiii oiiIim' I'nr miIc oii llial il.iv, (lie iiU'cr was iir('0|iliMl
icoiitraiy, as Cuptnin Warrcii siv>, to tin' cxpcctiiiiniis ol' i|ii> |'iiil;'(l Si;iti'>" aiillmriliiM
»l ilka), :r"l the orilci' of llic |iri'\iniis Satiir.liiv ii'-i'liiJi"! ami |i'a\" ii;iMiili'il l'>
a|ipiMl.
I inn liiil inron. It'll ll> In tlic :iiiiiilllil ul llir liniiil
Till' I'liiti'il Stale-.' Mm -li:il iil Silkn lias liecii (iiileieil In lake icmaiiiiii^- si'lidoncrH,
\iz.. tile ••(Iriu'c," " |)()I]iliiii.'' •• Aiinii I'.cek,"' ami •■ Aila.' I'l l'iii;('t';- Soiiiiil Inr iiniilP-
i|i:iti' sale.
'riie st'liiiiiiii'i's ■ Tliiiiiitoii," '• < liiuaril," anil •• ('aiiileiia."' seizeil in is.sij iiiul Ic'l't.
ill Oinialaska, liavu lieeii, as voii are awnre. ofU'reil lo (ho (nviiers as tliey now nro. All
three arc iii;;li up on tiic lieaeliaiid practieallv worlliless. 'I'lie rniteij States' autlioriticn
Milil evci'vlliin^ ill uiiil on (licsc vessels lliat would lirinf? a dollar, and then atluuiptcil to
ciiiilracl till- t.ikin-j; ot (lie liiills to Sail I'laiieiseo to lie (lioro sold.
JMiidiii;; this would eo>t more (liaii the daiiia;;ed liulls would sell for. they oli'ered to
<:\\f the vessels up (o their owners, ami liai! an order to thai eU'eet issued.
Captain Warren sa_\s it is out ol' the ipnstion In :;o to Oiiiialaska for these
vessels,
I niav add that (lit "Savward " is now in ]iossessioii of her owners.
Very faithfully. &('.
(Signed » A. 1.. HHhYKA,
Atlnnifi/ for ,/. /). tVnrren.
No. 13!).
Mr. Phelps lo llii- Miirtjiil.i nf l^allshury. — (lirceiced Jnhj 30.)
as iiuituallv Iiclieved (Mat an e.irly ai,'r('enii'iil iiiil;IiI he arrivcil a(.
r am .sure your Jjordship will eoneiir \vi(li nie in eoneeivint,' il to he for tlut
inlerest ol' all iiartie.s (hat a eoncliision slniiild h. 'reached as sunn as possihle. And my
(loveriiincn( ii:struc(s ine res|icc( fully to urge upon Her .Maji;s(y's (Joverniuent the
jiropriely, under existin;; cireuiiistances, id' inimediale acdon.
I understand (he Russian (iovernmeiit (o lie prepared to concur In the proposf^l
(iiiivenlion as soon as tiie other ( lovernnients coueerued are ready (o assent to it.
I have, &c.
(Signed) J'. ,]. rjii:!,i'R.
rrcu s counsel
Xo. 11(1.
C.'i)lijiii(ll Offirr Id luiriiijii l)(fin\ — [ I'crriii'd .iii(/iisl ] .)
Sir. Doiniinij ShrrI, Aiujiist 1, IHSS.
I \ .\l directed h\ Lord iMiulsjnrd In Iraiisiail to umi, (n he laid hel'orc (Ik;
.\l.-iiipiis of Sidisliury, a telen-ratii reeeiNcd trniii the ( Invei nor-( leiieral of Canad.'i
ivspeeliuL,' (he propos(>(l sale liy (he liiiled Males' aiilliorilies of (he sealiim-vcssesl
'•-'iiiiia lieek," Jlnlphin," "(iraee," jiiid '• .\ila," sci/ed last year in Heliiiuu's Si'a.
Lni'd Salishiiry \\ill ohserM' (lia( the ( ioveninient ofCanada iu'v;i' iliat (he I'liiled
Stales' (ln\eriiineii( may lie reijiiesled liy Her .Majes(y's ( invcriiiiieiit (o post pone the
s.de of the condemned vessels ]i('iHliiii,' (he sel'.!em('ii( of the i|uestion as to the lethality
111' (heir sei/ure.
i.nrd Knii(srord (rusts that Lord S.-ilisliury will, as snoa as piaelieahle, make such
eiiinmiiiiic.'ilion as may he ])ro|)er to the InKeil S(ates' < iovrnmeid w il!i a view (o
•/wv elVeel to (he wishes of (he huminion Go\ erimieiil.
II will he seen (lia( the nia((cr is urgent.
I am. kv.
iSiunedi .lOlLN UliA^lS'l'ON.
[1-23]
2 M
210
Inclosurc in No. MO.
Lunl l^lKiiIry (if Preston In Lord Knnlsfnrd.
('relon;raiiliic.) ./«/// oO, IS^ss,
Till'] sealiiiij-sdioonors " Anna Beck,"' " Dolpliin," '■' Grace," and " Atla," wliiol,
wcro soi/A'd in ] hs't m tlio Helirinf^'s Sea, aro now hmv^ removed to I'oil Townsend, l'in.'ci
Sonnd, Ironi Sitka, in order (o l)e sold by tin; I'liited States' Alarslial of Aiiiska, TIh
.hidi,'e of the I^istri(^t Court of Alaska has declined to iieriiiit the owners tn hoiul llir
TPss(?ls, ifiviiii; as ;i reason that their ajiplicatitni is too l;ite. .My .Ministers iccoiniiieii!l
that the Tni])erial Cio\ernnient he nuvid to ask I'or the interposition ol' the Liiili'il
States' (lovornnient I'or a ])osfj)onenn'nt ol' tlic sale of tiie condennicd vessels pendiii.;
the settlement ol' the ([uestion eoncerniinj; the legality of their seizure. I'ray obiaii
thi* if |)ossihle. On acconnt ol' time (he (|iiestion is orirent.
No. 1 tl.
Till' Miirqui.s nf ,':ial!sliuri/ la i>ir L. W'cxt. — (Siihstanrc lclri/i-(iji/ii'il.)
Sir, Fonif/ii Ofllrc, Aiiijiisi 2, Ihs^-.
Til]] Governor-(ieneral ol' (^maila hiis inTonncd the Secretary nl' ^Jtate I'oi- tin-
('olonics, hy telegra])h, that the sealini^-vessels ''Anna ISeck," " D.ilphin,'' "(iraee,"
and '"Ada," which Averc .seized last year in Hidu'niij's Sea by the I'nited ,Siatl■^'
anthorilies, are now beini^ taken to Port Townsend I'or s:de by the United Stat('>'
.Marsiial of Alaska, and tliat the .rud!;fO of the .Vlaska District Conrt has refused m
allow the owners to bond their vi!ssels, i^iviuj; as his retuson liiat (iu- application !'j-
permission to do so was made too late.
I have to reipK.'st you to ask tin; United Stales' (ioveriinient to poNtpoiie ihe sal
of these vessels until tin; ((uestion as to the. legalitv of their se-izun- has hern scllhil.
I am, \c.
fSi-ncd) SALlSlU'in.
Xo. 1 [-2.
Thr Mdiijitis (if Sillislntni id Mr. PlflpK.
Sir, Foreiijn Office, August 2, IsS'^.
I 11AVI-; the honour to aeknow ledu-e the receipt of your letter of the •JSth ulliiiH'.
callins; attention to tIuM[Ues(iiiu of the ])rop(ised (^)nveution between this eomitiy.
the United Sl:ites, and I'ussia I'm' the proteelion lA' the seal lisherics i.'i Hehrin:i''>
Sea, and 1 be^' leave to say that I ho|)e shortly to be able lo addiess to you a fiu'lliti-
eommmiii'atioH on the subject.
I have, iVc.
(Si^med) SALISlU'IiV.
Ao. I I.'!.
Foreli/ii Ctljii-i' In I'olnniiil ()//iie.
Sir, h'lireii/ii ()//ire, .liii/iist 2. 1SS>^
llEJ'MvlUlING til y<iur letter of the l.")tli .iune last, inclosini,' cojiies of ^^
ttdeirraphie coi'ves|)onilenee with iIk^ ( J(ivernor-( Jeueral of Canada in rrtjard In tii'
((Uestion of the jjroposed Inlei'nal ional Convention fur th(' ])roteelion of the fur-heaiiii:
seals in Hehrinu's Hi-a, \ am dii'ccted by the .Maripus of Salisbury to transmii herewi'.li
a copy of a lelt<'r from Mr. I'lielps,* in which, by directi(,n nl' his (io\ ernmcnl. Ii'
iirii'cs the propi'iety of reaehin^■ a conclusion on the subject.
1 am to reipiest that, in layini;' this letter before Seer(!tary ijord Kiuit>fi'ri
you will move him to uivo as early a consideration as possible to .Mr. I'liilii-
commnnieation.
1 am, iSic.
(SiRucd) .lUi.IA^i rAUNCHl'OTi;.
• .No. uy.
c
L'!l
Xo. Ml.
Fnrriijii Oj/lrr la ('olmual Offlrr.
ns Forcujii Office, Anijiinl 3, 1888.
[ LAID hd'oic; )lio .M;ir(|iiis (if Salisliiiry your Icllfr of tli(! 1st iiislaiit, iiiclosini?
•1 irlcurntii friiin the (iovcriior-CjlpncTiil ol' riiiiada rcportinir tlio intention of the Initcd
St;it('s' antlioi'ities to sell tlic scalinLr-vcsscls " Anna ]?ock." " l)ol])liin." " Gi'aco," and
"Ada," seized last year in Uehrinn's Sea.
T nni direc'teil l)y liis fyonlslii]) to slate that, in accoi'dance witii T,oi(l Knnlslord's
(|(-ire. lici' Alajesfy's Aliin'ster at A\'asliinL;ton was inslmeted liy telegraph on the
:;n(l iirlant to ask the i'nited Slates' (loverunieiil to |)ost])one th(! sale ol' these vcssids
[!• i.diiiii- a sottlcnieiit ol' the (jiieslion as to the lei:alit\ ol' the scdzuro.
I am, &('.
rsi-ned) .lULlAX I'AUNCEJ'OTE.
No. 1 15.
Ciilonial Office lo Forciija Office. — (Hereived Ampi.^l 10.)
'^ii', _ Ddiniimj Street, Au(/ii.st 10, 1 SSS.
TN re])ly to your letter of the 2nd inslant. rcu'wardini,' a nolo I'roni the Anicriean
Minister at this Court iirifini:,' the early consideration of the (|uestion of establisliiui,' a
close thiie for seals in 15eluini,'"s Sea, 1 am diroeted hy Lord Kmilslord lo transmit to
you, for the information of the ]\raninis tif Salislmry, eopy of telegra|)liie eorre-
<pi)adeneo with the (iovernor-tJeneral of Canada on the'subjec'l.
The lleporl referred lo in the Icleiriam from Lord Stanley of J'reston will
piMhahly he reeeived on the 1 llh instant, and will he communicated to vou without
a.-lay.
1 am, &c.
(Signed) I'v. [I. AlEADiv
^ALisp.ruv
Inidosiire ] in .No. 1 t,j.
Lor" hhitti'fdic' Id Lord SInnleij of Preston.
nVlei^niphie.) ^^^ ^ ^_ Do>rii:n,i Street. Aitqnst H, ^m9,.
I .VrrKl) 8TATi>" (loverjin-M'nt j)ressinii- for early reply (niestion" of close time
Hfliniiu's Sea. \\\wn may l!e])ort \k expeeled froni yo'ur Ministers?
Inclosiue 2 in Xo. 1 \'j.
Lord f<tui)leii of I'rcslon lo Lord Kitnlst'ord.
I Sl.iN'r last Monday J'eport asked for in your Lordship's tolejjram' Slh August.
AUNCEFOTK
Ao. iU).
Coloitiiil Office lo Fore'iijn Office. —[Ueccived AtKjtisI 10.)
' "'■ ,,-,,,,,, Ihiicrnuj SIreet, AKi/ust 10, 1 SSS.
<H 111 rei'oreneo loyoni' teller of ihe ;!rd indanl, i a.n directed hy" Lord Knulsford
;" ''■nisimt lo you, for H,,. information of Ihe .Mar.juis of Salislmrv.Voiiies of further
•''/'"j^iviphiccorrcsiiondenee with the Coveiuor-tr.'ieval of Canada Vespeelinu' Ihe sale
" Hie vessels seized ii. IJehrin-'s Sea last year, and renv lyin;,' at J'orl Townsend.
I am, &c.
(Siiiiied) JOHN HUAMSTON.
[128]
2 E
213
Inclosuvc T in Xo. 1 1(5.
I.nrd Sldnli'ji iif Pn'slon In Lnril Knulsford.
(T(>loj?mj)liic.) ' Axijuat |., IHSS.
AVITU rcferonc'c to inv t('l('2;i'ain of tlm .'iOtli July, I am infoniKMl by tli(> Ministcf
of Fisliori.'s tliat Iho scliomicrs " noliihin," "nracc,'' '-Ada," and "Anna Reck " will
Ijc sold at I'oi't, Townscnd, in WasliinLjton 'IVrritory, on tlii! 22nd Ani^nst.
Tnuncdiato intervention ol' Home (Jovcrnnicnt, as ])ivviously asked for, is earnestly
n'questod.
Iiiclosure 2 in No. 1 1.0.
Lord Knulsford to Lord '■^linihi/ nf Prrston.
(Tolcijrapliic.) JhnmiiKj Slircl, Ani/n': 7. l!^^"'.
1 llAVI'] reeeived your ti'lct;ram of Mli August. Instruetions sent 'in! Ai- '• to
ll(!r ^fajesty's Minister at \Vasliini;ton to ask United States' ("iovei'i! ••..■;.' , ,
pendin!» settlement of ipiestion of legality of seizure, sal(> of vessels iniqli! tie ]i()st-
poned.
No. 147.
Colonial Office lo h'o^'ciijii Officr. — [lli-reivrd Aii/jiisl IH.)
Sir, Downing Sli-eet, Ait/jiisl 18, iShs.
Wrrif reference to the l(;tter fro)u tliis Departnient of the lOfh instant, 1 am
directed hy Lord Knulsford to transmit to you, to he laid before the .\Iar(]uis of
Salisbury, a ('o])y of a di'spatch from the f iovernor-deneral of Canadn. furuardiii',' ;i
Minute of his I'rivy Council on the subject of the proposal of the United States'
Cov(.'rnnient for the establishment of a closci time for seals in liehring's Se:i.
in view of the explanati(nis of the Dominion (ioverinnent, which state very
clearly the sfronn' objections to the pro[)osed close season, it appears to Lord Knutsl'nnl
that it will be necessary for the United States' (Jovcrnmeni. to make some moililicd
proposal if the nei,'oti;itions are to lm\o any useful result.
I am, &e.
(Si!,mrd) ,J<JllN I5I!AMST0N.
Inclosure 1 in 'No. 1 17.
[,nrd Sliinldi of Pri'slnii In Lord huiits/ord.
My liord, Citadel, Qiuln'r, Ainjiisl .'i, l^^s.
Wrril reference to your Lordship's despatch of the btli March l:.st, tiuiis-
niittini; a copy of a letter from the i'oreiifn ( )iriee, with a note from the Americnii
Ministei' in Loudon, submit iim,' a proposid fov rci;iilaiin^' the sea! lishiim' in Hebrieu;'^
Sea, T have th-' honour to forward hereuith a copy of an approved Minute of the I'l- y
(.'oiincil c(iiicurrinL;' in a lleport of my Minister of .Marines and I'islieries j)roli"
against this proposal.
r have, i^c.
(Si-ned) STAyLi;V (M' LMiKSTO:.
Iiiclosuic 2 in No. '■*', ,
litjiiiil (if II C'hKiiiillir of llic llminiiriildi' Priri' ''nunvil fi.r y'lm. '.■/, d/iprorcd hi/ his
E.ir Uvnrij Itir (I'ltrr) iKii-di'iii'rdl in Con icil on ilii; 1 \lh Jnhj, 1 S>8.
'I'll I'l ('(uumitlci' of the I'rivy Council ha\,! had uiider consideration a despalcli,
dated the Sth .March, Isss, Trom the llight li<inourahle the Secretary of Stati'
Cor the Coh)uies, transmitting' a copy of a letter from the l''oreiijn Ollice, with a
note from the United Stall's' .Minister in London, sidimitliuLC a [ii'opo-al fi'Diii
m
,^i,<'
1-
. mill
m
I'losi;
■
to s»
ivliiclJ
oflu'l
ilir;ii
liy iliil
Slalr.
^'.itliii
iliiniil
•••lal,
<'ili/;i
:>U(iol
;! sill
Ulll,
atlei
L*! «'^, •>
213
/ 1., IHSS.
he ^liiiistcr
Hir.k " will
is oarni'stlv
A Xv
fill! Ill' )i()st-
s/ 18, IHHS.
instant, I am
(> Miivqnis of
fm-WMrdin;: a
Llniti'd States'
Si'ii.
\d\ stat(> \i'Y}
onl Kimtsl'iml
soniy n\nilifi('(l
U.VMSTON.
w
vh last, li-uis-
till! Aini'rii'an
Hi: in Hi'livii'u;'s
ulcdltli'' I'r y
LL'i'ios prol"'-
iMti'.s'ro;'
iprorcd hij hi''
I s^8.
it inn a (losiiali'li.
•ret my i)l' f^'i''''
II Ollicc, Willi ;i
i, pn)l)i>-al I'l'i'ii'
Mr. Secretary Hayanl foi" tiio establislunent. dI' n closn season Inr ihc s;"il lisliini; in and
near I{elirin!j;'s Sea, in extend t'loni Ww. ].")tli April to the 1st Noveniher ol' cacli year,
and to li(! operative in tin' waters lyin^c north oi' lalitinh' uO" north and hetween longi-
tude ]()<)" west and 17')' cast I'roni (ireeiiwieh, in which despatcdi l-ord Knntsl'onl asks
Id he favoured with any oliscrvatinns which the Canadian (iovernment may have to
direr on the suhject.
'I'lie .Minister of .Marine and I'isheries, to whom t';c said despaleli and iiiclosures
were relcii-ed, snliinil'. a IJeport Ihei'con, dated the 7th duly, isss, piolesliiiL? a'^'iiinst
Mr. ISayard's proposal as an inijust ;ind nnneecssmy interlerenee willi, or rather pro-
liihilion ol', rights so lonu; enjoyed to a lawful and reniuueritive oceui):ition upon tho
liiuh seas.
'i'ho ("oinniittee cjneur in the said lleport, and advise that a copy tliei'eof, and of
this Minute, if apj)r:)ved, be transmitted hy your Excellency to the I'i'^'ht Honourable
the Seerct'irv of State for the Colonies.
(Si-n(d) JOHN J. .McGEE, Clerk,
Prinj Council, Canada.
Inclosure .'$ in No. 117.
Miiiiilr,
Di'ltitrhninil of Murine and l\Klieiies, ('(taada,
0ilmni,Julii 1, 18'''8.
'I'lIlO Undersigned has the honour to submit, for the consideration of tho
(Invernor-ticncral in Council, the followim,' (d)serv;itions in reply to a (lespat(dl from
liord kniilst'ord to Lord j/insdo.vne, dated the ^tli .Mai'ch, IH'^s, aiid inclosiiii^a pro-
|)dval IVoni Afr. SeeretaiT Mayard for the esiablishnient of a close season foi' the seal
ti^liiiiLr in and near l!rluinL;;'s Sea, to extend from the l.'itli April to the l^t November
df each year, and to be opci'ative in the Avaters lyinu; north ol latitu(h' 'i^f north and
lirlween loniritudc Kit) west and longitude 170' east from (ireenwich.
I'el'ore entcrin;-; ujioii the discussion of this proposition, the Minister desires to
rail attention to a sentence in !» letter from Lord Sidisbnry to Sir l>. S. AVi'st, dated
li .' 'l-w\ I'eln'uary, 1>^SS, and forming; a pail of (he above-mentioned despatch, in
.\l ich Lord Salisliury says: —
' Tlie I'liited States' M inister called to-day at the I'di'eiun ( )lliee and spuke to mc
, iidul the (ptestion of the I'nr seals in liehriii!::'s Sea. lie said that the dillieulties in
i;.uil to the seal lisln'ries in that sea were mainly connected with the (piestiou of tho
lid'-.: time, and that no attem[it had been made by the aiitlmi-ilies of the I'niled States
'm st |i ih(; lisliinu; tliei'c of any vessels at thi' time when it Mas Icijitimate."
Ihis clearly implic^s that Lord Salisbury had been led by the United States'
Minister to believe tli.it there? is a jixcd close and open season lor the killini^of seals in
ISchriu'^'s Sea which is common to all vessels of all nalionalitie--, and that during; tho
d]iiii season these m;y lc;;ilimutcly and without molestation pursue tho business of
eatehini^ seals.
The facts of t he case .appear to be that w it hin t hi' limits i;!' the Territory of Al;iska,
\vh:<'h by tho Inited States' contention includes the waters of licbrlnn's Se.a as far
westward as a line drawn from a p')int in I ieh ring's Str.'iits south-west to the meridian
of liiiiLjilude 17-'> west, the killim,' of fnr-bearinir animals, amoiiu'st, which the seal is
iiielui.led, is prohibited by l.'iw ; that repeated warnin'^'s lo this ('ilci't have been u;iveii
liy the United States' autliorities, and that vessels lioth of Canada and the L'nited
State., hiivo within the |)ast two years been seized jind condemned for killing; seals
v.ilhin these waters. W also appears that in the Islands of St. tleoruc .ind St. Paul,
ihirni:,' tin; months (»f ,luue, duly, Sept(.'niber. and October of c.ieb yi'ar, the! United
.''tales' (Iovernment allows the slaiC'liN'r of seals to Ihe nun\ber of 10(1, (lOD bv certain
tl
citi/.ens of that counh'v knii
iiioiiii|iiily the United Slates' (iovernment is
:'iili,ii(iO ilollars.
IS the Al.'iska Commercial Company, for which
p;iid
I vearlv revi'nue o
f more t
liin
Al no season of Ihe year, and to no other persons uhatever, is it permitted lo kili
!i siiiirji. seal within what is claimed as the limits of tho 'Territory of .Vlaska. It is
ivideut, therefore, tli.'it there is no part of the voar when citizens of any countrv. with
tl ■ ■ ■■ - ...•-..■...
le sole exception cd' (he Alaska C
'ial t'ompany, can Ic^itim.itely kill seals
within tho limits named; and when .Mr. 1 helps stated to Lord Saliduiry that
no
lltte
nipt had been made by the iiuthorities of tho United States to stop the lishiuy; there
214,
of any vessels at llio time wlicii it was Ici^itiniate, " liis statement should lie read in
conjuiictioii witii the I'aet tliat *liere is no jieriod of the year when it is lei^itimate for
any vessels to tish I'or seals in the watei's of Ahiska.
Till! |)ro]i()sal to lix a close time is hased by ^Ir. Bayard njioii the allei,'e(l
neces-ity of iinmediale nieasuics to jireveiit the deslriietioii ol' the seil llsliery in
Behrinii''s Sea and tlie North i'ueille Ocean.
It is not deal' I'roni any iiirorniation at |iresent jiossessed tliat any pressian' anil
absolute necessity exists for any such measures, so far as shown by tiie iiresent
condition of tliat lishery in the Nortli I'aeific.
From a liepirt made by the Siiecial United Slates' TreasuiA AL?ent in Alaska,*
dated tli(; .!s -luly, 18^7, i( apjiears : —
1. Til. but yoniiLC male seals are allowed to be killed on ihe I'ribylnlV
Islands, and i only 1U(I,()()() annually.
2. That ;, fnl nieasureiuent of the breedinu; I'ookerio on Si. I'.iiil and
St. Gei.ivu'e Islands showed (),.'id7,7"i'> seals, ex(diisive of voiini!; mail's.
.'5. 'I'li.at 00 jier cent, of llie |nn)s bred by tliive u;o int.) the water, leuvim;' a
mortality of but ]() ]ier cent, at the place of breeding'.
I. 'lint fully one-haU" ol' th(> above 00 per cent, id' pups returned the I'ollowiii^'
year as yearling's to the rookeries, leavinu' thus a total mui'lalit\ ol' l") per cent, from
various causes at sea.
It needs but a slii^'ht consideration of these fii^ures to demonstrate that au addition
of millions i\aeli year must be ijiade to tin" survivinu; seal life in the N'mlli I'acilie
Ocean.
The Au'cnt ie h\< I'eporl says: " 'J'liis \ast number of animals, so ^-.hiable to tlir
• iovornment. are still on the increase. Tin! condition of all the rookeries could not l>r
better."
Aijainst the enormous yearly inia'easc ol' seal life may be placed the average
annual -lauuhter as i;iven in the Alemorandum attached to .Mr. IJayaid's letter, viz.,
102,.lr.j7 lor the \^]lole world, or for the seals near to J5elirinn''s sea as follows ; —
Vriliyloir I-lamls
(.'<imii.:iii(lc'r Isliiiids and Knliliiii Iti'd'
.liiliiin Islimds
.Ni'rlli-«T!-l ('"a«t 1)1 AiiiiriLii
Or a tolal (>!' ..
!)l,!)(i7
1 1 ,s!);;
■I (MIO
'.'.j.doe
Ii;.'<,8(i()
With an nnmuil char inei'case of millions, and an amiiial slaunliler of less thai.
200,0(11) in the North I'acillc Ocean, it surely cannot be contended that tlier*; is any
necessity for such striiej^cnt and exelusi\e nu'asures as the one proposed in ordei' to
reserve the seal tisliery from threatened destruction. Not only would il appear that
it ted, and a continual increase ol' the tot;il mini her
m that this annual take mi'dit be manv time.'-
the |)resent rate of catch could be])(
of .seals bo assured, but il would
multiplied Avithout serious fears ol' exhaustion so loii!^ as the jirescnt conditions of
brccdini; on the I'ribylolV Islands are jireserved.
'Ilie time jiroposed as (dose months deserves <'onsidei'al
ion, vi/.
loth April to the 1st November. l'"or all ])ractic,al ])nrposes, so l';ir as Caniul
lan
sealers are
I'criKMl, il ini;:lil as
d from the 1st .laniiarv to tin
;ilst 1 )ei
lb:
It is a well-known fact that seals do not beuin to enter the I'ehriii'^-'s Se;i until the
middle or cud of .May; they hav(! ])i'actieally all left those? waters by the end ol
Oclolier. 'I he establishment of the projioscd close, seasoti, therefore, jirohibils tin
takint; of seals durins the whole year. Even in that case, if it were proiiosed to make
this (dosi; season operative for all on the fshinds of St. I'aul and St. (ieoriie as
we]
in llie wa
lers of the liehrin'^'s Sea, it could at least be .said that tl
ose time wouhl
bear ('(inallv on all.
I'ut t lie T'liited States' (iovernmcnt iiroiio^i' tn .-illow seals to he killed hv tin
own cili/eii'^ on lh(> rookeries, the only |)laees where they haul out in Alaska, d
unii''
I tine,
uly, Si'pleinbei', and <)eiober, four of the months of the proposed close .season.
lit
d be that while all others would
I'
ileil I
roll! lulliii
il
would be tl
's Sea, the United Slates would ])ossess a complete monojioly, and llieell'ecl
dcr infinitely more valuable and maintain in jicrpet aily the seal
lisheries of the .North raeilic for Ihi^ sole benelil of the United States,
It is to be noted that the area jiroposed by Air. Itayard to bo alVocted by the eln
• Executive Dofiinii'iit No. ill, .'jOtli Congress, lit Susiion.
uill
noil
.'llid
plJSSC
»()llli
pri'\i
area
h|ii'ai'
tllCM"
yet it
iiilei
iiii'tl
and
lIMIlll
uilh,
(ii'cni
21fi
soason virtual'" covers tin' wlioli' iiortioii of tlio IJchrini^'s Sea in which thc'cxclusive
liijlit of sealing; lias, diiriiii? l^isi; and ]^^S7, lii'(.'ii ])ractically iiiaiidaiufd by the United
Slatrs" {iovcninient. To this is added a jiarf ol" the Xoi'tli I'acilic Oc(.'an, north 50° of
iiDitli latitiidi', and which comniands the appi'oach of (Ik; seals to th(\ passes leadini,'' into
Dchrinn's iSea. J!y the adoption ol' liiis area and close season the United Stati-s would
;;aiii, hy consent, what she has for two years held in (h'lianee of international law and
tlie jirotcsls of (ireat Brilain and Canada.
And while this ai'ea would he held closed to all ojjerations oxec])t to those of her
own sealers on the i'rihylolf Islands, tlu; north-west (;oast of North America up to tho
"lOlli |iaralle] of north hilitiide and the seaiini^ areas on tlw; noi'th-eastern coast of Asia
uiini(i be open to her as before.
'I"h(^ device, if snecessfiil, would leed and per|)et>iate tho rookeries on St. I'aul and
St. fieori^e Islands, and add ininiensely to their value, wiiile it cuts olfat one blow tho
most valuable j)ortion of the hii^li si.'as from all pai'ticipation by the sealers of all other
nations.
It is to be borne in mind tiiat (,'anada's int,cr(>st in this industry is a vital and
important <ine, that she has had u very lari^o ca])ital remuneratively cni])loyed in it,
iniil that while by the ])rop(jsiHl plan the othiM' Powers chieily interested have their
i'oni])cnsntions, ('anada has none. To her it would mean ruin so far as the sealing
industry is concerned.
.Mr. liavard a|ipea!s to the (lovcrninenl of Great JJrilain on ihe cjroimds of
the labour infi'i'csted in ])re])arinic the seal-skins in London. II is not necessary
llial the Alaska Conuuercial Company sliould do the sole catchini,' of seals in order
to re|;iin this advantaL!;e to London labourers. The sealskins taken by Canadian
scalers lind their way to jjondon to be dressed, just as surely as do those taken hy
ilic I'niled States' Company. So Ion i; as tho fishery is not exhausted, tvondon will,
iillier ihinn's being C(pial, retain the advanta^(! she now ])ossesses in this respect.
Hal Mr. IJayard must luisapprchend the sense of justice of Her .MMi(>sty's Government
if ho sn|iposes that they would consent to an mijust dei)rivation of Canadian riij;ht9,
liccause of th(> allei^ed prosjiect of perpetualiiiLt .some small ])ceuniary advanta[;o to a
limited seetion of her subjects in London. Lndcr this proposal I'ussia would lose
iioliiiim'. Her vessels do not now pursui' seals in that part of Hehrinijj's Sea ceded hy
lici'tolhe United States in IStJT. Russia has valuabh; seal islands of her own : ll'O
Coininander Islands in Mehrini^'s Sea. ;uid Itobben Iteef in the Okhotsk Sea, on v-'.deh
there are valuable rook(;ri<'s, and the Hussian Government draws a con-.idcrablo
revenue therefrom, as they an; under lease to this same .Maska Conunercial c'ompany.
I'liis ]iarl ol' l!ehrint!;'s Sea does not fall within the proposed (dosed area.
It has been already shown that th(> I'niled States would uain huirely l)y tho
I'stahlishment of this (dos(> ])eriod. I'roni her rookeries on Ihe I'rihylolf Islands shedi'aws
MOW a yearly reveiuie of over ;500,(M)I) dollars. This would not oidy not 'jc interfered
uilli, but would be enoi'mously increased by reason of the perpetual nionojioly sho
would enjoy nnder the ])roposed arrani;'ement. lUit while this is true th to Russia
iuul the I'liited St:ites. Canada Would lose the unjoymeut of a lucrative rlidit Ioulj
possessed, ami this loss wouhl be fatal to luir jlroseeution of the seal industr\,and
would he unrelieved by a single compensation.
It is unmifest, from a ])erusal of .Mr. ]5ayard's letter, that the pro|)osition is to
l)revcnt the killing of seals during the close tinu^ by any ])rocess whatever within the
area set apart, except, of cours(;, u|ion the I'ribylolf Islands.
tlxperieneed sealers aver that by the ])resent methods of huntinn' with gun and
speai' iKit more than on(^ in ten of the seals struck is lost, and it is nut believed that
llii'se methods ;ue so destructive as .Mr. Hayard alleges.
The nu.'thod of takiny: seals by means of the net is not a deslruetive nu'lhod, and
yet it is ]n'o])osed to proliil)it this as well. II appears, therefore, that what .Mr. Uayard
intends is to entirely [U'cvcnt the killing of seals within the area proposed by any
ini'thods or hy any persons except hy tlu; methods em])loycd upon the I'ribylolf Islamls
and by the citizens of the United States, who may, for the time being, enjoy the
auMio])oIy of taking seals thereon. Against this unjust and unnecessary inti'rfereiK'O
with, (M' rather prohibition of, rights so long enjoyed to a lawful and ri'muncrativo
iii'<'iipation upon the high seas, the Undersigned begs to enter his most earne.«t protest,
(Signed) (iEO. L. KOSTLR,
Actiii(j Miiiinler of Murine and Flshericn.
(1 bv the close
21(1
Xo. lis.
Colonial Office lo Foreign Offiic. — {Ueceivoil Auyii.sl 20.)
Sir, Downing Street, AiKju.it IS, Isss,
WIITl n>rci'(>ii('(' (() the letter from (Iiis Depart mciit of tlic lOtli iiistiiiit, I iirn
directed by liOrd Kimtsford to irniisinit to you, to he Inid Ix-fon- the .M;ir([uis ol'
Salislmry, eo])ies of two (les|)atclies from the Govi-riior-tieiiei'al of Canada respi-cliii^'
tlie jtroi)osed sale at Port Townslu'iid of four of llie l?ritisli sealiiit;-vessels captured last
year in ]5elirini?'s Sea.
Lord Knutsford lioj)es lliaf tlu' ^linute of llie Canadian Government, in<dose(l in
Lord Staidey of I'reston'.s de.sjiateli of the 2(>tli July. \\\U receive r/)rd Salisl)nry's
attc7itive consideration.
I am at tlie same time to rc(iiipst tliat Her 'Majesty's ^linister at Washington may
be desired to r(>i)ort wlicn the appesd to the Supreme Court of the United Stales in tli'o
ease of llie''\V'. I'. Sayward "' is likely to couu' on, and to report u:cMcrally on tiic
progress of the ease.
I am, &i:.
(Sisjned) .JOHN UI{.\MSTO.\.
Inelosurc 1 in No. IIS.
Lord Stanlei/ of Preston lo Lord Knutsford.
My Lord, Cltmlel, Qneher, Juhj 20, ISSS.
WITH reference to previous eorresponih-nec relative to the pendini:; |>roeecdini,'s in
the case of Canadian sealinii'-vessels seized in Behrini^'s Sea, I liave the honour to
forward to your Ijordship an extract of an apj)roved Minute of the I'rivy Council, based
upon Sir L. West's despatch of the lOth ^larch,* a copy of which, totrether with
other eorn^spondeiu'e, noted in the mari;in, is inclosed herewith.
1 iiave, ifce.
(Signed) STANLEY OF IMIKSTON.
Inidosure 2 in No. IIS.
Extract from a Rrjiort of a Cniinnittre of tin' IJniKinnihle llie I'liri/ Cuiiiii-il. approretl li\j
His Exrellenrii lln' dorenioi-Cleneral in ('oiiiifil, on .lull/ ". ISSg.
TIFI'l Ciininiittee of (he l'riv,v Council have had inidci- consideration a des]iatcli
dated the IDtii .March, ISSS, from'iler .Majesty's .Minister at W ashinntoii. relative \»
pendinij; prociieilinirs in the eases of (,'anadiau sealers seized in Hehring's Sea.
'I'he Sub < 'onunittee of Council to whom the ipiesliou was referred repiirl .•l^
follows : —
In the dc-jialeii of llie T.ttli Mai'cli, Isss. Sir Lionel Sackville WC-t states that
the Attorney-* li'iieral A' the i'nileil States bad intimated (hat liille Idol' the practici'
in Admiralty and llules of thi! Supreme Court (l^'^T)maKe it plain that the C'lnllseati'il
sealinn'-sbips seixcd in liebring's Sea can be bonded jiendim;- appeal: and Sir i.ioiii'l
Sackville W'esi liirllier states that, as to the (|ue-;tion whether such ves-els can l)i'
bonded \\itbout obligation to ap|)eal, he is advised that, since it was aL;reed in llir
Conl'ereiie(; that the (|ues(ion of (lamaL^es should be reserved, any such i'e(|uest woiiM
oi)en up the whole ([Ucstion of damages on each sid(>.
The Sub-Committee observe that the obli^jalion soui,'ht to be iinpos<'d upon llu'
ovnw's rtf the Canadian vessels seized in HehrinL;'s Sea of ap])ealinu- from the decision
of th(? !M agist rate of Sitka to the Su)ireine Cour' of the Cnited SI ites, is obviously oiic
whieb cannot >vith justice or propriety be eiil'orced. Soiue dnubl ("vists as In tlic
right of ap|ieal, and if it be held that no appeal will lie, the bonds will be forreited.
,A)iarl from this risk, howcNcr, which the owners of the ^^^..^l■l> are asked to laKi'
U])on tliemseives, it, ai)pears tliat the L;iviug of bonds of such a naliu'e would involvo
the admission that the Courts of the I'nited States had jmisdiclion ill regard to Ilic
seizures, and that the laws of the United States applied to the eases of tlu'se \essels
• ScoNo. 110.
217
such propositions could by no moans Ik; fidmittod. Tiio vessels Imd not entered
witliin the waters over wliieh the laws of the i'liited States (.'xteiid, and over wiiieh the
Executive or Judiciary of that eoiiiitry liave any authority.
The vessels in question were niolesti'd in a lawful occupation on the hij;h scjis,
and were seized l>y vessels in the service of the I'liited States hut posscssinu- no rltijht
whatever to molest tlie people of Canada or (heir prttiierty on the ocean.
Similar outmges have been committed in the |)reci'dini; year, and the vi-ssels
seized then were ordered to hv surrendered hy tin- United States' authorities. In the
present cases, therefore, the repetition of sucii a('ts of violence was a proceeding for
■wiiich the owners of the vessels have a rii;ht to <'xpcct that iler Jfajesty's (iovernment
wdl demand and exact redress.
They should not he asked to si'ck that redress in the (.'ourls of any foreign
country whatever, and the Courts of the United States have no more coLcnizancc^ of
their complaint tlian tlie Courts of any otiier forei^'u country.
The Committee, concurrini; in the above Iteport. advist- that your Exeellemry be
moved to transmit a copy of this .Minute to tju' Hi'/ht IFonourable the Secretary of
State for the Colonies, and also to the JJi'itisii .Minister at Washington.
All which is respectfully submitted for vour Kxcellencv's approval.
(Sii-n'cd) .lOllN .1. .MdJHU, CVrrfr,
Piivy Council, Ciinadn,
Inclosure '.\ in IS'o. 1 18.
Sir L. We4 to Hip Miiniiiis of hinsdoinic, March 19, 1888.
[Sop Inclosure 2 in \o. 110.]
Inclosure I- in \o. IIS.
Mr. Fcsitr to Sir L. fVest, March (i, 1SS8.
[See Inclosure 1 in Xo. 110.]
Inclosure 5 in No. 1 18.
The Marquis of Lunsdowne to Sir L. West.
(I'lxtract.) GovcrnmetU Hoiisi', Otlntrn, March '2'\, 1888.
r HAVE the honour to inclose herewith, for your information, copy of a
des]ialeh whicdi I have addressed to the Secretary of Stnte for the Colonies* upon the
sidiject of the Canadian Sv'aling-vessels seized by United States' cruizers in the
Behrinn's Sea.
Siiould yon be able to obtain any iiil'oruiatioii in regard Id tlie aeti(ni likely to be
taken (luring the present year ))y cruizers of the United Slates in the Heliring's Sea
against vessels fre(iuenting those waters, i shall be nuu-h obliged if you will ])ut nu;
ij' po.ssession of it.
Inclosure (J in No. 118.
' Lard Slaiilci/ of Preston to Sir L. West.
Sir, The Cascnjiediu, New liichmoiid, JuUj 21, ISSS,
Wrril reference lo your despatch of th ■ KHli .March, iiudosing a copy of a
ti'l('i;i';mi which you had rci'eixcd rinui my .Miii stcr of ^Marine and l"isherii>s relativi;
to the peiuling proceedings in tlie case, of Canai i,ni seallMg-vessels seized in l!ehrinn''s
Sea, and in reply thereto, setting' I'orth the o])iniou ol the Altorney-deneral that
Uuli X of the practice in Admiralty and I'ules of the S\i])reni<' Court (1SS7) make it
I'lain that confiscated ships can be lioudcd pending appeal, 1 have the honour to
[128]
.'^Ke lui'losuro in No. 1 14.
•J F
218
forward herewith a copy of an approved Jlinute of the Privy Council concurring in a
report, of the Sub-Committee to whom the (iu(>stion was reiVn-rcd.
I have communicated a copy of the inclosed Minute of Council, to the Secretary
of State for the Colonies.
I have, &c.
(Sii,'n<>d) STANLEY OF PllESTON.
Inelosure 7 in N". 148.
Lord Stntihij of Preston to Lord Knutsford.
iVFy Lord, Citadel, Quebec, August i, 1888.
WITH reference to my telegram of the 30th ultimo requesting that tho
Imperial authorities may uriic the I'liiled States' Govc^rnment to take steps for
postponing the sale of the sealinij schooners "Anna Heek," " Dolphin," " (irace," ami
"Ada," wliieli were seized last year in 15elirini,''s Si-a, pendins^ the settlement of tho
question eoncernini? tlie lei^ality of their seizure, I have the honour to forwanl
herewitii aeo[)y of an approved .Minute of the I'rivy Council, upon which my telegram
was founded.
I have, &c.
(Signed) STANLEY OF I'lJKS'l'ON.
inelosure S in No. 148.
Heporl nf a Cnmiiillfee of the llonnuruhle the Ihiii/ Council, approved by His Excellency the
Goiernor-General in Council, on July .'50, 18S8.
T'ilE Committee have had under consideration a telegram dated the 20th .Fuly,
1888, from tlu; Lit^utenant-Governor of Ih-itish Columhia with respect to the bonding
of the sealinij-sehooners "Anna Eeek," " IJolphin," "Grace," and "Ada," seized in
Behring's Sea in 1887.
The Minister of Marine and Fisheries, to whom the said telegram was rel'erred,
recommends that the [in])erial Governcient he moved to request the interposition of
the Fnited States' Government to liave the sale of the condemned vessels postponed
pending the scittlement of the (piestion as to th(> h.'gality of their seizure.
Th(! Committe submit the above for your Excellency's approval, and advise tLat
your Excellency be moved to communieate by cable to the Colonial Secretary the
rc'quest of the Lieutenant-Governor of Eritish Columbia, and to lu'ge upon ller
Majesty's Government the necessity for inunediate communication with the United
States' Government with a view to save from further and disastrous loss the owners of
the condemned vessels.
All which is respcetftdlv submitted for vour Excellency's approval.
(Signed) JOHN .1. :\IcGEE, Clerk.
Privy Council, Canada.
Inelosure '.) in No. 148.
Lieutennnt-dovernor Nelson to tii-j Hon. C. H. Tupper.
(Telegraphic.) Victoria, British Columbia, July 20, 1888.
THE following sealing schooners, seized in Eehring's Sea in 1H87, "Anna Beck,"
" Dolphin," " (irace," and " Ada," are now being taken from Sitka to Port Townsend,
Puget Sound, to be sold by United States' Marshal of Alaska. .Fudge of District
Court of Alaska has refused bonding to owners, giving as reason application too late.
Under present circumstances, owners williug and anxious to bond vessels for appraised
values : —
"Anna Beck," 2,G00 dollars ; " Dolphin," 7,730 dollars; "Grace," 10,404 dollars;
"Ada," 2,900 dollars; or, pending settlenu'nt of question, ':avc sale postponed. Will
Dominion Government take necessary steps to secun* il i-nsible from United States'
Government that this arrangement shall be acce<led to 't*
219
No. 149.
Sir L. West to the Marquis 0/ Salisbury. — ( Received Auyust 27.)
My Lord, lieverleij {Massnrhnsrtts), Auijusl f!, 1888.
WITJl vofcu'oiifo to your Lordship's telej^raiu of tlie 2nd instant, I liave the iionour
to inclose liorowitli copy of a note wliicli I addressed (o the S(."cretary of State, askintf
tliat the sah; of the; four British vessels seized last year in nehrin!,''s Sea uiny be
j)osti)oiied pending the settlement of the question of the legality of the seizure.
I have, &,o.
(Signed)
L. S. SACKVILLE WEST.
Inclosun; in No. 14i).
Sir L. West to Mr, Bayard.
SJir, Beverley {^Massachusetts), Auijust G, 1888.
I II AVE the honour to inform you thatlFer Majesty's Government have received
intelligence to the elfect that the four British shijis seized last year iu Beliring'.s Sea
are heitig taken to I'ort Townseud for sale by the United States' authorities, it would
seem lliat this action has heen taken in consequence of th(! .Iudg{^ of the District
Court of Alaska having refused to bond the owners upon tin; ground that their
ai)plica1ion was too late. "i^'
Till! AL'ircpiis of Salisbury has now rciquested me to ask the United States'
(ioveriun<Mit to postpone the sale of the said vessels pending the settlement of the
([uestion of the legality of the oizure.
I have, &c.
(Signed) L. S. SACKVILLE WEST.
No. 150.
Sir L, West to the Marquis of Salisbury, — {Received August 31.)
My liord. Beverley {Massachusetts), Auijust l-j, 1888.
WfTli reference; to your Lordship's telegram of th(! 2nd August, I have the
lioiiour to inelosn to your Lordship Jicrewitli eo])y of a .lote which I have received
t'lom the Secretary of State, stating that, in ])ursi!:!nce of your Lordship's I'cquest
fiiiiv(^ye(l through me, the Acting Attornoy-Oeneral has directed by telegram and
letter the ])ostj)onement of the sale of the vessels in (piestion, and has also iustrueted
tlie United States' Marshal in charge to receive bonds in lieu of the vessels.
1 comnmnicatcd the substance of this note to your Lordship this day by tele-
','r;ipli, and have informed the Governor-General of Canada to the same elfect.
I have, &o.
(Signed) L. S. SACKVILLE WEST.
Inclosure in No. 150.
Mr. Bayard to Sir L. West.
I'^ir, Department of State, Washinrjloii, August 13, 188S.
WITFI further reference to your note of t!ie Otii instant, conveying the request
'if the Mai'quis of Salisbury for a ))Osti)onenu;nt of the sale of four Uritish vessels
M'izinl in -Hebring's iSca last year, I liave now the honour to state that I have just
i'oeei\(.d ji lettcn- from the Acting Attorney-General, informing me that, in pursuance of
till' r('([nest so made, he had directed by tehjgram and letter the iiostponcment of the
•^file .if the vessels in question, and has also instructed the United States' Marshal in
I'liiu'gc to receive bonds in lieu of the vessels.
Accept, &c.
(Signed)
[1281
T. F. BAYARD.
2 E 2
S20
No. 151.
The Marquis of Salinbury to Sir L. West,
Sir, Foreign Office, September 1, 18H8.
Wrril roferenci! to your (lns])at('li of the Kith ultimo, I transmit Iierowith
a copy of a letter I'roni tlio Colonial DfTico,* int'losini? copies of two dcspati'lios from
Lord Stanley of Preston to the Secretary of State for the Colonies relative to tlio
proposed sale of four of the Uritish vessels seized when enj^atjed in soal-lishing hist
year in J5ehrin;j;'s Sea.
Before takini; any further action witli rci^ard to these seizures by the American
authorities, I request that you will inform nu^ wlieu the appeal to thc^ Suprenn^ C/'oiirt
of the United States in tiie case of the " "\V. P. Say ward " is liivoly to come on, and to
report i;ei!erally on the prof^rcss of the case?.
I am, &o.
(Signed) SALISnUllY.
No. 152.
Foreign Office to Colonial Office.
Sir, Foreign Office, September 1 , 1H88.
I HAVE laid!l)()fore the Marqnis of Salisbury your letter of tlie IStli ultimo
inclosing copies of two despatches from the (Jovernor-Gencral of Canada on the subjeri
of the legal proceedings pending before the United States' Courts with regard to the
British vessels seized by the American authorities when ongagi-d in seal-fishing in
Behring's Sea, and the claims for damages raised by the owners of tlie vessels.
I am to request that yon will state to Secretary Lord Knutsford, in reply, that
before taking any action on the Jlinute of the; Canadian (iovernnu-iit inclosed with
Lord Stanley's despatch of the 2Gth .Inly, 1SS8, Lord Salisbury has iusfrin-fed ller
Majesty's ^Minister at Washington to state when tin; ap|)eal to the Supreme Court of
the United States in the case of tlu? '* W. P. Say ward" is likely to come on, and to
report geiicrally on the progress of tlie case.
I am, &c.
(Signed) P. CUIUUi;.
No. 153.
The Murriuis of Salisbury to Sir L. West.
Sir, Foreign Office, September 3, 18H8.
WITH reference to my despatch of the Kith April last, relative to the proposals
received from the (iovernunmt of the United States for concerted action on the
part of till" Powers interested in the matter, with a view to the establishment of a
close season for the ]ir('s('rvation of tin; fur seals resort ini; to Behring's Sea, 1 have to
inform you that \ have recently had a long conversation with .Mr. Piiclps on the subject.
He stated that his (iovernment were very anxious that an agreement should he
arrived at as soon as ])()ssil)le.
1 pointed out tlie dillicullics felt l)y tin; Canadian Government, and said that,
while the scheuK? was thvourable to the industries of the mother country, considerablo
apprehension was felt in Canada with resjiect to its ])ossil)ie eiVeet on colonial Interests.
i added that I was still sanguine of coming to an iirraugenient, but that time was
indispensable.
I am, &c.
(Signed) SALIS]WPtY.
• No. 148.
m
No. 154.
Foreign Office to Colonial Office,
Sir, Fnrciyii Office, Srptcmber 3, 1S88.
I HAVE laid boforc flic Mnrquis of Snlisluiry voiir letter f)f tho IStli ultimo,
iiielosiiii? a copy of a despatfli from the (loveriior-(Je)ieral of Canada, with a Jliniiteof
liis I'rivy Couneil on the proposal made hy the United States' (lovcrnment for the
cstalilishinenl of a close time i'or t'nr seals in Hchriiitj's Sea.
A\'ith I'cl'erencc to Lord Kmitsford's sii^L,'estion that the Oovomment of the
United States should make some modilied ]ii'o])osiil, I am to re([ucst that you will
inform his liordship that liord Salisbury has recently had a loni^ conversation witli
Mr. I'helps on the subject.
ilr. I'helps stated that his (iovernment were very anxious that an aifrcemont
should bo arrived at as .soon as possible.
The ditllculties felt on the subject by the Goverumi'nt of the Dominion were
poiTited out to him, and he was infornu'd that, Avhil(! the scheme was advantiiijeous to
the industries of the mother country, considerable apijndu'usion was felt in Canada as
to its ])ossiblc ('(Feet on colonial interests.
J>ord Salisbury added that he was still sanguine of coming to an arr;ing(!ment,
but that time was indispensable.
J am. &c.
(Signed) I'. CUiUUF.
No. I-,-}.
Sir L. West to the Marquis of Salisburi/. — {Received October 1.)
My Lord, lieverly (Mnxmchusetts), September l.S, 1S88.
Wri'll reference to my de;.patch of thi' Kith ultimo, 1 have the honour to
inclose to your Jjordship hcrewitli cojiy of a note which I have ]'C(M>ived from the
Secretary of State, togctlwr with eo])y of the corrcs|)on(luiicc which aceom])anied it,
relative to the sale of certain British vessels seized in Uchring's Sea, which sale had, .at
your Lordship's request, been postponed, inul to re(|uest your Lordship's iiistriU'tions
as to tiu' answer to be returned.
1 have forwarded coj)ics of this correspondence to the (ioveruor-General of
Canada.
I have, &c.
(Sigiu-d) L. S. SACKVILLE WEST.
Lu'losure 1 in No. ] o.").
Mr. liinjmd In Sir L. West.
Sir, Department of State, Waslungton, September 10, 1888.
IilvFEIl]llN(i to previous corresj)oiuleiu-e in relation to tlu' sale of the four JJritish
vessels cond<'mned I'or taking seals illicitly in I5ebring's Sea in ]S^7, J have the lionour
til inform you tliat I have received a comnuinicatiou from the Acting Attorney-
General of the IJrd iTistanl, in which an exj)ressioii of my vioAVs is requested upcm tho
])ropriety of an inunediate sale of the vessels in view of certain statements made in
regard to them.
As an order for the postponenuMit of the sale and the bonding of the vt'sscls was
issued by the JJepartnu-nt of .lusliee in com])linnce with tiie rcipiest of Jiord Salisbury
('(iinnuiTiieated to this Uejiartnu'ut, I inclose herewith a copy of the letter of the
Acting Attoriu'y-deneral, together with its inclosuros, and will be glad to learn
whether, in the light of tlie facts now disclosed, it is still the desire of his Jjordship
that the sale should not be proceeded with.
I have, &j.
(Signed)
T. E. HAYARD.
993
Inclosurc 2 in No. 155.
Mr. Jenks to Mr. Dnynrd.
Sir, Wushinglon , Stptnnbvr It, 1H88.
T HAVE tbc honour to send you copies of letters of tlic "JSrd find 2.')tli ultimo,
from Mr, Atkins, United States' Marshal for the District of Alaska, and to ask for au
cxiu'cssion of your views upon the propriety of un iniinediatc sah^ of the vessels men-
tioned hy the Marshal on consideration of the statements he makes in relation to
them.
I have, &c.
(Signed) (J. A. SlSi^K.^, Aclintf AttorneyGeneral.
Inclosurc 3 in No. 155.
Mr. Atkins to Mr. Jenks.
Sir, Seattle, Washington rcrritory, Awjmt 2'.\, 1SR8.
IN reference to the four condemned British vessels now in my ern'ody, I have
the honour to report ; —
That the owners of the schooners " Anna Beck," " Clraee," and " ] i " claim
that the appraisement made at Sitka one year ago was at the time excf nd that
their value on account of the inclement climate of Alaska has in the meantime hcnii
constantly deprceiatin<^, and therefore decline to hond them at sueli ;ip])raisement,
but rei|uest a new appraisement, which, if not granted, they desire tin; sale to proceed.
The owner says, however, that he will furnish satisfactory bonds for the schooner
" Amia ]5eck " at her present appraised value if it can be clVeeted, subject to a linal
settlem<'nt of the matter and without the expense of an appeal to the Supreme Court.
Having myself a practical knowledge of the vahu; of such property, I fully
coincide with the claimant that the valuation put mi the schooners "Grace" and
" J)ol))hin " at Sitka was excessive.
The schooner "Ada" is owned and registered at Shangha(,', China, and her owner,
whoever he may be. Las not yet made any claim or a])pearance.
In the meantime, the vessels are remote from my district, thus greatly increasins,'
the responsibility of their safe custody, .and the ex)iens(! thereof constantly increasini;.
I desire fo be instructed, in case vessels are not soon sold or bonded, what further
action to take in reference to retui'uiiig to my district and leaving the vessels in charge
of a special deputy.
I have, &('.
(Signed) BAUTON ATKINS.
Inclosurc 1, in No. 155.
Mr. Alliins to Mr. Jp;i/.'.v.
District of Alaska, Office of United States' Marshal,
Sir, Portland, Oregon, August 25, 18SS.
IN view of the present situation relative to the British vessels in my custody now
moored at Port Townsend, "Washington Territory, I beg leave to state as follows : —
'I'hat all of said A^essels, owing to the length of time they have been out of
commission, are in a dilajiidated condition, and their dej)reciation in value is
constant and rapid.
That thev are small in size, the combined tonnage of the four being only
219 tons.
T!>a1 the ,)\vner of the " Amia Beck," "Gr;ice," and " IJolphin," Captain J. 1).
"Warren, of Victoria, British Columbia, has notifKxl me that he prci'ers that the
•' Grace' and " Dolphin " should be sold witliout further delay, ami the " Anna Beck"
also, unless he can bond that vessel without instituting an aj)peal to the Supreme
Court, or making the journey to Sitka for that purpose.
Tiiat if longer held iu custody, they will have to bo removed from Port Townsend
to some place secure from the fall and winter winds, for permanent moorings. All
223
ol' wliicli will bo aitendod by mucli f^rcater expense comparatively tban lias heretofore
bfcii i('(|iiired for their safe custody.
[ do not bt'sitiite to recrmmcnd that, in interest of all concerned, the vessels, if
nn( lioiidcd, should be sold without dcliiy. Tt is my purpose soon to repair to Port
Townscnd, tlicrc! to Jiwait Department orders.
I have, &c.
(HiRiicd) EAllTON ATKINS.
No. I.jO.
Sir L. Wrst In thr Muniiiis of Sallshury, — [Rflccivrd October 1.)
My Lord, lievcrlij {Mansnchusottn), September \'), 1888.
WITH refer(>nec to your Lordship's despatch of the 1st instant, T. have the
JKmoui' lo ill form your Lordship that tlie ;;pi)cal in the case of the " W. P. Sayward,"
alhiilc<l to llicri'in, has not ycit (iveu been dockett^d in the Supreme Court of the
ITiiitcd States.
(Sij^ned)
I have, &e.
S. SACKVILLE WEST.
nd her owner,
No. 1 57.
Forciyn Office to Colonial Office.
Sir, Forcirjn Office, October 2, 1888.
WI'JMI reference to your letter of the 10th August last, I am directed by the
llarqiiis of Salisbury to transmit to you copies of a despatch, and its inclosures, from
ifcr Afajcsty's Minister at Washington on the subject of the British sealing-vcsscls
soizcd ill Uehring's Sea.*
I am to request that, in laying Sir L. West's despatch before Secretary Lord
Kmitsrord, you will move him to inform Lord Salisbury Avhat reply should be returned
to till! iiHpiiry of the United Stales' Secretary of State with regard to the sale of the
vessels seized.
I am, &c.
(Signed) P. CURRIE.
< ATKINS.
No. 1.58.
Colonial Office lo Fnreir/n Office. — {Received October 9.)
Sir, nniniin'j Street, October 8, ISSH.
AVFTtl reference to your letter of the 2nd instant, I am directed by Lord
Kniitsford lo transmit to you, to be laid before the Marquis of Salisbury, copies
of telegraphic correspondence! with the rrovernor-ricn(!ral of Canada respecting the
bonding of the vessels seized last year in Eeh ring's Sea.
Lord Knutsford would be glad if instructions cuold hi! given by telegraph to Her
Majesty's Minister at Washington to propose to the United Stales' Government
tlio enurse recommended in Lord Stanley of Preston's telegram of rhe (jth instant.
r am, &e.
(Signed) EGBERT G. W. HERBERT.
Inclosure 1 in No. 158.
Lord Knutsford to Lord Stanley of Preston.
(Telegraphic.) Downing Street, October i, 1888.
AVITII reference to Mr. Bayard's note to Sir L. West of the 10th September
relative to Bchring's Sea seizures, wliat answer should be returned?
No. 155,
•224
Inclosurc 2 iu No. \'>>i.
Lord ShDilri/ of Preston to Lord Knufsford.
CTelei^raphic.) " " October (',, 1S8H.
REC0M3IEND Hint United States' authnniies l)e moved to authorize the
reappraisemcnt of "Graee"aiul " Dolpiiiii," and in ease of " Anna IJeek " to acr.jpt
proposed bonds of owner, sui)jeet to final settltMuent of matter.
No. IT)!).
Tlir Marf/iiis of Scdtsburi/ to Lord !:i(icl\ciUi;.
(Tel(.'!^iaphie.) Foreign Office, October 10, IWH.
IN reply to your despatcli of tlie IJUIi ultimo, T request that you will mow
United States' (JoverunK.'nt to authorize re:ip|)raisemeut of "Grae(^" and " l)ol[)!iin,"
and to aeee])t propo.s(\d hond of owner, subject to tinal settlement of matter, in ease
of "AnnaEeek."
No. 100.
Foreirjn Office to Colonial Office.
Sir, Forri(jn Office, October 10, 188)3.
I Ail directed by tlie Marquis of Salisbury to acknowIed!;e the reeeipt of
your letter of the Sth instant, on the subject of tin; Uritish vessels seized in IJehriag's
Sea,
I am to state to you, iu reply, for tlu' inforiuatioTi of Lord Knutsford, that a
telegram lias this day been sent to ll(!r Majesty's ,Miuistv'r at Washini;toii, recpiestirig
him to move the (iovernnient c)f thi^ I'nited States to authorize the rcapjjraisement of
the " Dolphin " and " ri race," and to accept the ]H'oposed bond of the owner of the
" Anna Beck," subject to a final settletuent of the matter.
L am, &c.
(Signed) -lULIAN I'AUNCEFOTE.
No. Kil.
iiir L. H'esl to tlie Miirqiii.s nf f>i(li>,buni. — {Receired October 12.)
^ly Lord, lleicrll/ (^fd.-.-ilrliUse/ls), Svplendirr .".(1, IMSS,
"WITH ret'erenci' to my despatch of the Utth instant, I liave tlie honour
to inclose copy of a fiuther note wiiicb I have received rrom the Secretary of Slate,
relative to the four l',ritish sealers coiuh'nined for lakiu;.' .seals in IJehriiu/'s Sea, ;iml
requestim;; a decision '.n resjard to the disposition of tlu-m.
I have forw.'.rdcd copy of tliis note to (he tioveruor-tJenera! of Canada.
I liave, &e.
(Signed) L. S. .SACKXTL!.!'; Wi;sT.
Inclosurc in No. Hit.
Mr. liiiiinrd to Sir L. West.
Tlie lour vessels, tlie scjiiouers "(irace," " Dolphin,
have been transferred b\ the UnitcKl States' Alarsh
Anna IScek," and " Ailii;'
il for .\laska to the custody of tin'
22.-
IJiitcd St.'ilcs' ^I;ivsli!i! for W;isliiiiulon 'I'crritory. and arc lunv al Port 'J'owiist'iul,
^ciiliji'i't 111 instructions from tiic l)i part incut or.lnsiic(> toucliiiiti' their .■-alc or (jtiior
ilis)Hisili(in. 'i'lu' Dcjiartnicnt is inl'oi'iiicil fliat none of the voscis have liccn Ijondcd,
and llial tin' owners of tlir >l'theni liave refused to ta]<c tliat sic[i, on tlic ^■roinul
iliiit their apiiraiscnient ivas loo hiirli. As the season advancf's, tlie piohahiiity of
i-eaii/Jniif a fair ])rice for the vessels will diminish, and the exjjeuses incident totiieir
ivlciitioii by the Marslial are necessarily aceruini;-.
'rhes(! considerations make it ])ro|)pr that a decision in regard to tin' disposition
of the vessels should s|ieediiy he roacdied. and I have the honour to re(|uost that if it is
(Icsiic'd to jiostjione the sale slill further, the I1c))artnicnt may he assured at an
r.'u'iy day that an ar)-an!j;enii'nt will he made wherchy the vessels may ho saved
fnmi hcconiini,' a loss.
I have, etc.
(Si£?ned) T. F. BAYARD.
No. I<i2,
ForcKjii Offiri' In Cnlnnhil Oflt'rr.
Sir. l-'orr;,/,i 0(firp, Octnlwr Vi, 18SS.
Wl'l'll i-cfercnce to my letter of tl::- Kuli instant. 1 am directed hy tht> Mar(]uis of
.'suli'-hni'y to tiansmil to you a copy ol .i desp.atch from lie).- ^lajesty's ^linister at
\V:i>'liini;ton,'' inido'-inu' a note from Ml'. JJayard, re(jucstinpf a decision as to the
liivposilion of ihe foiu' scalini;-schooners " Grae;>." " l)ol)ihin," " Anna Heck," and
'■All;.."
f ;nn t^ rci|uest you to move J.ord Knufsford to cause IjOrd [Salisbury to he
iniVirnied \\ hat n.'ply should he I'cturned as to the "^Vda."
11( r .Maie>iy's .\1 in; -tcr at Washington has liecu already communicated with l)y
tcie^iMph in i-e;!^ard to the oiher three vessels, as you were infornio<l in my letter above
referred to.
[ am, ScQ.
(Si-iu-d) .lULlAN rAUiVCEl'OTE.
Ko. l(i;i.
Cnhtnial Ofjicc to Fari'Kjn UJ/lcc, — (RfC'Ircd Octohcr 22.
<n;
Doiniin;/ iSlrcel, Octohcr 20, ISSS.
1 AM directed hy Lord Knutsford to a(d<nowled!.'-e !ie recei]>t ol' your letter of
tlic 11th ifistanl. in(dosiiit; a copy of ji despatcdi fro;r. tier .Majesty's Minister at
Wiishiimt.m.t statiuLT that the .appeal iti the case of the \\ . V. Sayward "' has not yet
lii'cn (liieketed in the .Supreme Court of the I'nited St;; es.
In yonr l(>tter of tla; Nt ultimo, it was stated that before takini;' any action on
the .Minute of the C.'in;:;!ian ( tovcrnun'nt, inclosed in the despat(di from liOrd Staulev
of Preston of ihe 'H\\\\ July last, Loi'd .Salisbury had instructed Her Majesty's ^linister
:it \\;ishini;ton to slate when tlu; appeal to the ISupn'me Conn in the I'ase of the
'^V'. I'. Sayward" was likely to con\e on, and lo rejiort generally ou the prouioss of
the rase.
As it appears from the answer now received from Sir L. \\'est (luif there is li!;oly
to he considerable dcday i'l this ciise, Lord Knutsford would be glad to be informed
whether, in Lord Salisbur\'s opinion, action should noi now be taken on the .Minnte of
the Canadian Privy Comwil referred to.
1 am, ite.
(Si!,mcd) JOHN 1UIAMST<.)A.
[12HJ
• No. K.I.
No. l«u'.
2 l;
iiS6
Coioniiti Ofh'fc In Fareii/n Office. — {Received Orinlicr 'M.)
Sir, Dminiiiij Slrr"!., Octithrr ij.'), ^H^h,
Wrril rcrcnMici- i > tin' liitlev I'rom this l)o])Mi'tinent oi' tlii' Stli iiistiiut vos)H'('tiii!;
tlic lioiidinn' of c'ci't-.iiii -.cs'^cls sL'i/.al last yi'iir in Ik'hriug's ^^l•a, I ain dircctpd by Lord
Knutsl'()nl to transmit to you. i'oi" tho iTit'oian.ifion ol' tlic ^Nfaviiuis ol' Salishuiy, a copv
ol" a (Iivspati'li i'roni tlu- < iovcriior-Oi-ncral of Canada on tlic siihjcct.
As till- ])a|)('vs lorwariiod liy Lord Stanley of I'rcst >n do not ansAViT I lie (|iicstiim
in .Mr. Uayarl's note to Sir Liijnol \\'<'st. dalrd t!io lOtli Si^ptcnihi'r last (incdosod in
yonr Ictlri' to this Depart mcnl of tho lind instant), so far as concorns the scdionnor
" Ada,'' jjord Kiint^lord iias ti'l('L,Hr,!j)h<'d to the (lovi'rnor-ticnora! of Canada uitl.
rcfcvoiu'o to your U'lii'i- of tliu 1.:Jtli instant, askiny what reply should he rutiinieil in
reu'ard to that ^•('>;>;l■l.
1 UlU, \.c.
(Signed) .1011 \ l!l!AMST()X.
liH'losiirc \ ill No. I <J1 .
/.nrri Stiiiilai of Pniloii la Lor,! KiiiiUfni'iL
My l/u'd. (invt'nimtiii House, Ottawa, (hiobrr 8, ISSb.
WITH >.-• fereiee to ymir telci^rani ol' tJie -Jtii instant, iiuinlriii^- what aiiswiM
should he reluin"(i to Mr. i5ayard's note to Sir Lionel West ol" the intli S(.>])toinl)ri'
witli ret'oriMice lo liie honditiii' of I'ertain IJritish \essels seized some timi- sinec in
Bohriiiu''s Sea. I liave the honour to inidose herewith a eo))y of a (U"^pateli which I
have lo-day adiiresseil lo ^^ir liioind West, enverinir a eo]>y of an approved Miiuile "f
my L'rivy Council iU-aliii»' with Ihi; suhjeei.
I ha^e, Ale.
(Sii^ued) STANLEY <)l' IMILSTON.
h\eio^Ul•e 2 in No. Km.
I.iiiil Sliiiiii'i/ of PirstDii lo Sir I.. l\'i:^l.
Sir, (liivnunfiil Jloii.^r. Olidiro, (Jciuhrr s, isss,
I IIAX'I'I llie liononr lo acknowledi;!' the r(;ceipl. of your despatch of llii
13th ultimo, coxerini;- eopy of a nolo from tiie Secretary of State of tin- I'nited Slates
with ('opies of eorri'sp mdenei' aeeompanyiuL;' il. relative to the hondinu' of the |!rili''li
sLip.s "(Jraee. " •• Dulphin,' and •'Anna iieek,'' uliieli wore sei/ed some time siiu'i; in
Jielu'in^'s Sea,
1 now hvir to in(dose eopy of an approved Minnie ol' 'ity l'rivy (,'ouneil in relation
to this matter, from whieh it will he seen that my .Miiai.>Mjrs desire that tiie (Jovermncnt
of tlie United Stales may lit! moved to authoi'i/.e the reappraisemenl of the sehooiicis
" (rraee " and " I) dphin," owiny: to the fact, which is duly si't I'orlh in ihe i-orrespda-
denee aeeonipanylnij: Mr. Bayard's note, that Ihe appraisemeiil made at Sitka more lliaii
a yi.-ar -iinee is re^-iii'ded hy Ihe owners as haviiin' lieen exees>i\e, and .as havin^c liecniiK'
still more so, eonsecpieni upon I he expn^nre of these vi'ss(,'ls lo the inelemeni eliiaiiti
of Alaska.
As reu:ards the case of the "Anna Meek,'' tho Aliimte ri-commeiids that tlie Liiiileii
States' (oi\ernnierit may he re(|iiesled to i;ive instructions that Ihe )iroposed honds i''
the owner may he accepted, siihject to a liual .settlement of this (piestion.
1 have, lVc.
(iSigiicd) ST.VNLJ;V Oi' rilES'i'O.N.
JiK'Iosm'o n ill No. Kit.
Rijinii III' II ('iiiiiiiiiUi-r nf tlir Unnnurahlo llic Privij Cniincil, iiiiprnvfd In/ his E.i
(iornninr-^jfTifrnJ ill Coiinril. on tln'AOlh Si'ii/i'inhfr, I'^Ss,
llriiri/ IliP
I' 1' WESTON.
Til I'l ( '(iiiiniillcc dl' tin; I'l'ivv Ciiuiif'il liavu liad under coiisidoriition a (l(>s])ntcli
from Sir Ij. West to J,ord Shmlcy, under I'ato llie Kith Si'pteinljer insliiiil, (sovevini;
I'djiy III M note from llie Sccrctaiy oi' State lor tlic IJnhed Sfate>, toifedier with copies
ot correspoiulence ^^l|i('il aceouipanied it, relative to certain .sln'ps wLicli had been
seized in Heliriiii^V Sea.
The I\Iinistei' of .Marine and Pishories, to 'whoni the aliove wa? referred, ve])orts
lli.il (111 the lidvii July last a Minute <it' Council was adopted as follows: —
■■The Coiiiinittre have liad under consideration a telej,'ram dated tlie 20th July,
isss. fron; llie liieiifenaiit-d'ovcrnor of 1?rilis!i Columbia, with rcspoet to the bondini;^
of the sealiui;- si'liouneis • Ai.na JSeck,' ' Dolphin,' ' Grace,' and ' ,\(;a,' seized in Hehrin^-'s
."^ea in TS87. The Minister of Marine and J'^isheries, to whom t' e said teleii^ram was
refei'red, reeoMirnends tiiat the linjierial (jlovernment be moved to i<'([uesl the interposi-
tion of the I'nited States' (iovernment to liave the sale of the oondenmed vessels
IKistjioned, pendiiiu^ the settlement of the question as to the Icijality of their seizure.
•'The Committee submit the nbov<! for your Excelleiiey's approval, and advi.se
that your lixcelleiu'y be moved to communicate by cable to the Colonial Secrijtary
the rcipiest of the Lieutcnant-(!overnor of Uritish Columbia, and to iir^'c upon II(M'
Majesty's Government the necessity for immediate communication with the United
Siutes" (iovernment, with a view to sav<; from further and di-astrous loss tiie owners of
tlie enndenmed vessels;" and that in rc|>ly to this Minute .-i teleirr.'un. under dati; of
the I'^th Auii'ust, T-is8, v.'.'is received by your Excellency from Sir Liontd 'W'l'st as
I'lillou^:
■■ Acting Attorney Garrison has iriven ilirectious, both by letter and telci^'ram, to
liostjione the sale of tiio schooniu's. The ^Marshal h - also Ik^cii directed to vccinve
iionils in lieu of the vessels."
The Minister observes that copies of iIm; covre.spoudcuce referred to confirm the
iiitiniation conveyed by tlie above telenram, that an (H'ller for the jio>tpoiicment of the
Mill', and ])ermittinii^ the bondiuij,' of these ve--si'ls;it ihe value .'ilrcady appraised, had been
made by tlie Department of Justice at Washinuton. iii conipliaiiec with ilic request of
Lord Salisbury. Subseipuait to tin; receipt of this order, the United States' MarslKi I
."it Sc'ii'le, "\Vasl1ite4ton Territory, informed th(> Attorney-General forthe United States
that tlic owners of tlii' schooners " Anna B(>ek." " Grace," and " Dolphin," claimed
that not only was tli<' appraisement made at Sit'<a a year previously excessive, but
that the \aliie of the ves. eN, on account of the inclement climate at Al.'iska, bid in
ih" iiieantinie lieeii eonstantly dejireeiatinu:, and they therefore declined to bond tic .a,
with the evccjitioii ot' the " /Vniiii |{ecl\," at such appriiisement, but r(Miuest(>d a new
aiipraiMinent, and slated tliat if a new a))i)raisement was not allowed, the owners
desired the sale should proceeil.
It fnitlier appears from the same cummimieation. that in the case of one of the
vi'sMd'-. the '■ .\nn;i Heck," the owner is williiiu' to I'urnish satisjactory bonds, iit the
(:ih[e .•Ji'eaily appraised, if this can lie done, subject to a tinal settlemmit of the matter,
:iiid without iiccessil.-itint!; an ajipen! to the Supreme tJoiu't of the I'nited States.
T' e .Minister further oliserves that, foueliiinj; the question of excessive appraise-
iiieiil. iLe United Stales' Marsh;d states as follows : — ■' IlaviiiL!; myself a practical
kiiie,\liili;(' ()!' the value of such pnqierty I lolly eidneiih' with the ciaim;int. that the
vahialiiin put on the schooners ' (Jrace' and ' Dolphin ' was excessive."
The Committee recommend, therefore, lli;it your l!xcelleney be moved to forward
I a <'o]i\ of tin's .Minute to Her l\l!ij( -^ty's Minister at W'ashinu'ton, with a view to
I iiioviii'.; tlie United States' authorities to authori/.e the rea))pr!iiseiiient in 1li(> cases of
I llie '• Ciiu'c" and " Oolphin,'* and that in the ease of the"Anna Beck,'' iiislruetions
lii'!,'i\en to accept the jiroposed bonds df the owner, subject to a tln;il settlement of
jllle lli;il|ia'.
.\\\ of which is res)iect I'ulh siibmit1"(l for \(ini' r'.vellenev's approval.
'(Si-ne.l) .It) I IN .1. AlrtiHE, C/-t/(,
Priiy Council, ViininUi.
[12MJ
228
No. Km.
Colonial Offici' to Forehju Office. — {Ucrpived Nnvemhfr '2.)
Sir, Doiniiiitj Sh-ci'l, Sorrmhrr 1, 188S.
AVITII I'd'crciU'c t" (he loftci' IVmii this Dcpiirlincnt ol' tlic L''>tli Octobci' rcsiicct.
iiiu,' the l)oii(linii' ol' ('(n'tniii vi'sm-Is scizi-il last yr;ii' in li('lii'iiiu:'s S(!:i. f am directed i)y
Lord Kiiutslbrd lo transmit to yon. to lie laid liel'orc' the .Maniiiis of Salishury, a eojiy
ol! a telegram received from tlie ( iovernor-( ieiieral ol' Canada relatiiin' to the case of
the vessel, " Ada."
1 am. &c.
(Sitrned) JOHN HKAJESTON.
Inelosure in No. Ui."i.
Lord Staiilci/ of Preslmi In Lord Kiiul.spird.
('releu'rai)hie.) Octohcr 2H, 1HS8.
IN rei)ly to tlie iiujuiry made in yonr teieniMm of th(^ 20th Octoher, owners (if
"Ada" do not ohjeet to orii,'in;il appraisement of tlus vessid. My Minist(M's adviM'
that action siionld lie takiMi aeeordinLflv.
No. TCpO.
Fori'iijn Office lo Colonial Office.
Sir, luirriijn Office, Nnreiidjcr ^ 7, 1><XS.
I TTAVl-; laid liel'ore the Marf|iiis of Sal isbnry yonr letter of tlie 1st instinil.
inclosing' a telei;'ram from the (joveriior-( Icnei-al of f'aiiada, staling' tlial th o\viii'r>
of the " Ada," one of the se.alin;,' sliips seized last; year in Hehriny'Vs Sea, ilo not olijccl
to the oriicinal appraisemeiit of tlie ves>ei.
His Jjordshij) directs me to infjuire whether Lord Knntsford desires that lln'
suhstanee of Lord Stiinley'.s teleu'ram should he sent to iter .Maji siy's J,ei;:iti(iii nl
AVashington, for commuuication to the 1,'nited States' Government.
I am, &e.
fSiu'nod) .iri.I.\\ I'AIJNCEI'OTE.
No, ](i7.
ColoilidI Office tti Foreii/ii Office. — (liereiri'd Xorrmlier 21.)
Sir, Dowiiiiiij tilceel, Xoreiiiiier 21, 1888.
IN replN to yonr letter of the I 7th iiistimt, I am directed liy Lord Knntsford to
ac(|uaint yon, for the information of tla,' .Mar(|uis of Salislinry, liial iie thinivs ii
desiralde that the snlistance of the teici^ram from the ( lovernor-< ieneral of Camilla
respecting' tlie sealing' slii() "Ada " should he commiiiiicaled to the ( io\-erument of tlu'
United States.
I am, .Vc.
(Si-iu'd) JOHN BliA.ArST(JxN.
.No. Kis.
Tlir Afiirijiiis of' Sdllnliiini In Mr. I lerhrrl.
('relcLrraphicl lu,rrnjii Office, Xoremhrr 'li, IHSS.
WITH n'feri'iiee to my Iclen'iam of till' i'Hh nltimo. you should inform riiili''i
States' ( ioverument owners of "Ada" di nil olijcel to original appraisement of tli'
vcsseL
229
-Xn. TO!). ;
f'ninnldl Offt'cr tn Forfi(/H ()//lrf. — {^Rrrcin-d Xairmbrr \il).)
Sir. I)<iiniiii(j Strcfl, Ni)V('iiilifr '?A\, 18S8.
I AM (liroctcil hy llic SccitImit oI' St;iti' I'm' tiio Colonics to triinsiiiit to you, for
till' iiiroi'iii itioii ol' tlic .M:ir(|iiis of S!i!i>l)nry, wifli I'd'orriici' lo [irovioiis cnnvspou-
ili'iici'. copy of ii (lc.s|);ilcli froiii llic (i'fi\('nioi'-( iciicrii' of (Jiiuudii, and of a lclojj,min
addressed to liiiu rcspcctinu- (he case of ti Ada," one of tlic vessels seized last year iu
|!i'liriim''s Sea.
1 am, \c.
(Si-iicdi IIOllEKT <;. AV. MEltBERT,
Inclosiu'c I ill \o. !()'.).
IjDid Stnnh'ii nf Pri'slitii la Liirtl Kimtsfurd.
My Lord, (!(,r'->i)iiii'iil Unitxr, O/linni. OcIdIiit '2~ , ISSiS.
WITH rcfciciicc (o your Loi'(Niii|i'> iclcLji-am of iJic I'Otli instant, and lo mine iu
irply of to-day's dale, statini^ tliat tiie ownci's of the " Ada " do not o])jcct to the
iirii^iiial a]>|)i'aisciiiciit, I liive tlii' lionour to trausmit to yoiii" l,ordslii|) a (-opy of an
;i|i|)ri)ved l{c|)orl of a ( 'oininitlci' of tin- I'rivy < 'iviuhmI ujium \\lii(di my tele;;:i'ani was
lia'^cd.
1 have. iS:c.
(Siirned) STANLEY n\- I'HlXrOX.
I iiclosnrc 'J i;i .\(i. 111',).
Ilijinrl (if II f'diiiiiiillr,- (,./' i/i(> lidiUiiirahlc llic I'rici/ Ciiiniril, (i/iprorril Ini Ins K.icrl/furii tlir
(inieniDr-Gi'iii'iytl ill ('oiniril un the '17 1 h OrlolnT, I8^>^,
'I'll I'j Commillcc oi' l lie I'i'ivy ( 'ouncil having' rcfcrn^d the I<dci;'rain of tlic liOth
Hctoliei' instant (Is^si, from Loi-d Knuisford, in the Icvms, '• llcfeia'ini:; to your tcleLcnim
(illi Octoliir. Hcliriiiir's Sea, and dcs|iat{di ><tli Oetoljcr; wliat answer should lie
nliiriii'd. 'Adir'" to the .Minister of .Marine and i'isheries, who is advised by a
ili"<|),it(di from the Lieiitciuiiit -(rovenior of Hritish ('olumhia that the aL.'ent for the
iiuiii'l'sid' the schooner ".\(la ' does not ohjeet to the orininai a|i])raisement, respeetttilly
ri'dimmend that y(nir l']\eidleiiey lie moved to teleL;'ra|di Lord Knutsford in the ahove
M'lise in answer to his teieu'ram of ihe 2ntli Oetoher iii>iaiil.
(Si-lied) .lOllN .1. MrdKi;, CIrrli.
I'livi/ Cimiicil.
BUA.MSTihN.
I nelosiire '■'< in No, i(i'.>,
l.nni Kiiirtfiinl tn Ldiil Sliinli'ii of I'rcshiii.
(Ti'leL:ra|ihie,) Jh'riiiiu/ Slrt'i'l. Xnrrnilirr (i. ISSS.
Wri'll referiMice to your tele^'r.am of 27th ((lioh. f. I'niled Slates' ( io\ (■rnmeiil
will iir iiifonned thai owners of "Ada" do no! idijeel to oriii'inal a[)|iraiseiiienl. I
preMinie il will he for owners to lal\e aii\ furl her action.
No. 170.
Cnlniildl Of/irr /ii Fnrrhiii Ofli'-'-. — ( Rrcfirril Drrciiilifr 4.)
^ir. Dninilini Sfifrl. Ih'rniilirr ,'!, ISsS.
WITH refereiii.'e to ]ire\ iiiii- eorre>,i)oiiiK'iiee, I am directed by IjonI Knutsford to
liiiiisuiil (oyoii, to he laid hctore (he .Miirciiiis of Salisbury, a coiiy of ii lek'nraui from
llic <!overnor-(!ener,'il of Cinnda. iiii|iiiriii;;- wheiher any answer has yet hceii reeeived
230
from the United States' Govcrrmicnl on tin; siil)ioci of tlio r('n))praisonicnt of tbo vessels
seized lust vear in lieliiinii's Scii. Tlir 'ek'iiram iroiii i.onl SimiiK'v of ilic (itii ()('t(d)i'r,
refeirod to in liis ))resenl luessaife, >v<is eoninuu'.iealt'd lo you in tlie letter from tliis
Department of the Sth of tliat niontli.
Lord Kniitsford woidd 1)0 li'lad to learn uhellier any answer lias been received from
the United Slates' (iovi'riiinent on this siilijeet, ani... it not. In' desires nu^ lo snu;j^est that
a reply shoidd he asked for by teloLiraph,
I am, 8,:c.
(Signed) I{0JU':RT C. W. lIHIJHI-mT.
hu'lo>ure in NO. 17*1.
Till' Miirijuis (if lj(l)is(hiiri)r lo I.onl Kinilsford.
(TelcnTai)bic.) Xomnhn- -J'.i. 1888,
IIAN'J-; you answer iroiii U'a-hiniiton relative to reap|)raisi.'ment of vessels ••(Jrace."
" Doli)hin.'' ".'iniia lieck," leferred to in my teleiiram of the titli Octidier'r (iovernor
of British l'(ihnnliia jires^es fur reply.
A'o. 171.
Till' Miiriinis nf Sali.-'hiirii lo Mr. Uh'IutI,
(Tidesrraidiie.) Fnrriijii OJ/i'ir, Dereinher ."), 1888.
WHAT answer from I'nited States' (Jovernment as to liehrijiir's Sea seizures
referred to in my teleuram of Knii Oetober':
No. I7ii.
^[r. llnlii'ii In ilf }tiii(jiiis i:!' Sdliybiini. — (lim-iri'il Drcrnilicr o.)
(Telefjrraijhie.) Wiialiiiii/toii. Drcrmlier o. 1888.
1\ reply to your teleiiram 'if to-day, ( have received no answer from United States'
(Tovernmcnt. Have auain asked to-dav for a rejily.
No, 173.
Forriijii Offim In ColoninI O/firi;
Sir, Fnri'iijn ()/fir<\ Dnvcmhir 7, 1888.
IN ie]/ly lo yoiir letter of ti.e ^rd in^tant, I am directed by the I\Ianpiis of Salisbury
to state In \i)U. I'oi- the iiii rnuilion of Seen tnry Ijord Knntsl'ord. that no reply has been
returned by the I'nilid .Slates' (Government to the reipiesl that they would authorize the
reap])r ii>enii lit of tii' British vessels ••(! race "' and " Doljihin " seized in i'lehriiin's Sea.
^Ir. Herbert, who is in eharne of Her .Maje-ty's JA^gation at AVashinj;ton, has
re]iorted in a telepinm. dated the .")ih inst.int, that ho liai' on that day again asked for
an answer from I he UniU'd Slates' (Joveriinuiit.
I am. &c.
(Sinned) .FULTAN PAUNCEFOTE.
N"o. 174.
Mr. Ihrlwrt to Ihn Mimjuis of Snlishurti. — (Received Dvcvmhcr 11.)
My LonI, ^ IViishini/lon, Xovemlur 30, 1883.
I ll.WK ihe honour to acknowledge the receipt of your l.ordsiiip's telegram
of the J-ud. ami to slate liiat Mr. Bayard, in reply to my coiumunicatiun, that the owners
Ml
of the "Ada" did not ohject to the original appraisement, has informed mc that the
Attorney-General has been made acijuainted with tiieir decision.
I liavo, kc.
(For :\r. II. llerl)ert\
(Signed) AllTHUR HERBERT.
No. 17.-..
Mr. Ifcrhert In tlin Mnrqvis of Snlinburi/. — {Iteiieived Deciiihrr 24.)
My Lord, Wanhhujion., Dcccmiicr V2, 11*88.
oN tlie ro(!c'ipt of your Jiordsi;'!) s leionrjim of llic ."ilh in^laut, I immediately
wrote to Mr. ISayard pressin<>' for a rep y to jjord Saekville's note of the 12lh October
on tlie sulyect of the re-nppraisenieiit of llio Hrifisli sealers siiized in Behrinj;''s Sea in
1887, and I have now received a no.i' fiom him, copy of uhiuli with its inclosures I
incli)-e herewith, in whicli lie states lliai lie has Ijeen informed I)y the .Mtoriiey-General
that orders were <;iven on the i4th idlimo I'oi' the sale of the vessels in ijuoKtion, but tliat
he has not yet heard whether tin,' sale bus beea elfected or not. As soon, however, as he
is iiiibrmed l)y the Department of .fustiee he will duly advise me as to what has taken
place.
I have sent a copy of j\lr. Bayard's note to the (jovcrnor-(ieiieral of Canaihi.
I have, &c.
(Si-ned) MICHAEL H HERBERT.
Inclosure 1 in No. I 7."i.
Mr. Bayard to Mr. Herbert.
Sir, Dcjiartmeiit of Sliite, Washington, December 10, 1888.
[ HAVE the honour to acknowledge the receipt ol' ynur note of the .■ith instant, in
which yon call attention to the note of Lord Sackville of the V2x.\\ October last, in
rclalioii t" the ;i])praisen!ent of three of the four British schooners seized and ccmdemned
f(ir illicitly takiii:;' >eals in Behriny's Sea in 18^7.
I'he note referred to was at once communicated to the Department oi .liistice with
a re(|iie^,t for an opitiion on the (piestion of re-appraisi-ment.
Somi! time previously, upon the request of the Marquis of .Salisbury, fiie sale of the
M'liooners had been stayed l>y this (.Government in order that full oppoiluiiity nii^ht be^iveii
U) their owners to make some arranuemenfs thereby they mifi'ht become repossessed of the
\o»sels. On the 1 ! th October, the (hi\ ])recedinn' lb'.' date of the note of Lord Sackville
a'i)five reterred to, the Altorney-(;eneriil wrote to this Deiiiirtinent a letter, copy of wbicii
is inclosed, ill which be intimated an opinion that the interest.^ of both the (.'iiited States
and the elainiaiit-^ would hi' besl >ubsi rved liy a .-peed;' -ale <d' the vessels. By this
letter it appear- that. alll'.ou;;h the schooners had lonj;' .-inci* been conilemntd, no ehiinis
had iii'en li;ed Ijy tlieir owiieis and no bonds ;;iven for co.-i-. Nevertheless, the Dcjiart-
mcnt a^aiii consulted the Department of Justice in retiard to the iiropo-itiou contained
in tlic note under date of the iL'tli Oclobir. Under ihite nf the 20tli October last: a
nply Irom the Altorney-tieiieral was received, copy of whieii is inclosed. To this 1
iiiacle answer on the 271h Octcdier, expres-ini;' my coiicitrn. nee in the view of the -Mtorney-
'Iciieral. that, imder the eircunislaiices, ilie wiser eoiir.-e for all concerned was to let the
>aK,' of the vessels lake place ai once, as delay Nccmed impracticable, and could only
he piiiductive of los-.
'In the I 1th of last /noiuli ihe .\itoriiey.VMin.ral iufonned tliat he iiad that day
iliiecled tiie I'liited States' Ahirslial in eiiarne of the vessels at Rnii Townscnd,
W asliiiiii'ton T( rrilory, to lake the necessary stip.^ Ik elfeci a sale of the lour \essels as
.■ilicedily as po.Ssible.
Since that time no correspondence on the subject lias taken place with the Depart-
iiiciit oi' Justice e.vcept a re([uest from this Dt'paitmeiil on the I7tli ultimo that it
iiii::la be informed of the proceedings of the .Marshal under the order above staled.
'■Vben a I'cspon.se to this reciucst shall have been received you will be duly advised
of its conteutb,
i have, \c.
(Signed) T. F. BAYARD.
2\2
Inclostirc '2 in No. 17").
Mr. Gnrltint' to Mr. lini/ard.
Sir. JJcjiiiiiiiicnl (iiJu.-ih-c, Wnshhuildii, Ocliihnr 20, 183S,
BY your conimuniciitioii of (iio ITtli Oi'toliL'r, i^s^, you ri'(|ue'--li.'il an cxiiressiou of
my vicus on tiic arrnn^cnuMil |irn|)osi'il liy liif llritisli ( lovorinncnf in regard to tlic dispd-al
of tlu' vc.«i-cls " Grace,'' " lloljiliin," anil " Anna iieck.'" 'I'lie arrani;enient refeired
to is lliat tlie United Stales aulliorizo a re-api)ruiseinent. of tlie schooners "(Jrace" anil
"Doliiliin," iiiul that insiructinns lu' i^iven in liie case of the "Anna Heck" lh.it bonds
of till- owner may he accei)ted subject to the linal settlement of tiie question.
i'he libels against the vessels were stil.'initted on tiie sti])ulation, dated the loth day
of Septomher. 18S7, by .\1. \V. 1 'rake on behalf of the masters, they were, on or about
the 'Ird day of October, ]SS7, after liearing eondenined, and in pursuance of the terms of
the stipulation, wore ordered to be sold at I'mt 'rownsend.
The time for appeal to the Supreme Court of the United States has long since
expired.
On the •2,5th day of August, li*8«, the United States' .Marshal for Alaska reported
"that the owner of the 'Anna Beck,' ' CJraee,' and ' Doljihin,' Captain .1. AV. \\ arrcn,
of Victoria, British Columbia, notilicd nie (him"l that he j)rofers that the 'drace' and
'Dol])Iiin" should be sold without further delay, and the ' Anna Heck ' also, unless lie
can liond that vi's>,el without instituting an njipeal to the Supreme ( 'ourt, or making the
journey to Sitka i'or that purpose."
The aggregate tonnage of the three ves-.ds, with the "Ada"' (for which no owner
has been heard froim is but '2~'.i tons.
The vessels, if not sold, will soon be sub-^iantially valueless. 11' attempt be made to
keep them over winter a total loss may result.
I therefore adhere to the views expressed in my former communication, tlnil the
interests of all concerned will be best subserved by ;in early sale, and earnotly hope
I may receive a pron.pt communication from you concurring therein.
Very respectfully,
(Signed) .\. II. (^iAllLA'ST), AUoriicii-Hciimil.
^ir.
Inclosure 3 in .No. IJ."*.
^fr. (iraiit to Mr. Gurlnnd.
Dislriit of Aliiskii, Altoinpii-dcnoral's O/firi',
Dear Sir, Sllha, .Sr/ilniihrr 'JO, li*f<i-.
MATISHAL returned from Port Townsend says no vessel was hondTid, and now the
parties have eonebided n<it to bond, and wani the sale to go on, but I sh.'id instruct the
-Marshal to await iuftnictions from you. How long shall wait for the parties to act':
Xo owners have ajipeareil on the record ; the record does not .^how who they are. No
claims are tiled, or bonds for costs given.
The cases were suumittcd on the agreement signed liy .Mi. Drake for the masters,
and on his demurrer as I'epresentalive of Canadian Uovernment.
Verv resjiecttnllv.
(Signed) WIIfT. M. OUANT, Jlhldrt Attomcij.
-Mv 1.
Inclosure 1 in No. I7"i.
In the District (Jourt of the Territory of Alaska.
The United Utatv.s v. the lirllish Hdiooiwrs " JJoliiliin," "Anna Jieric," "Grace,'' and
" Alia."
IT is hereby stipulated and agreed upon between i\\{i jdaintifis and the masters
of the defendiint schooners that the demurrer tiled in the mailer of the information
against .1. I). Warren, and the agreement therein, shall apply to the libels tiled or to be
filed against the above vessels. It is i'luther stipulated and admitted as a fact that the
masters of the above-named vessels did kill seals during the month of July 1887, in
•Seiiat
with (
'!> to
askii;!.
:iilo[iii
A
nii|usl
tlicv a
no in!.
fllOvc I
'f
ri'fcivi
for IJH
'MU'lOMl
Til
pl'i'Veii
;inil I
i''iii\i.|
I
'=1)011 as
23;<
the masters,
(■(•/ Atloriicih
ilmt porlion oi' liclii'in;;'.s Scii <'liiiiiu'(l tiv tlic I'liilod .States iindii' ilic TriNity of ]>67
liuUvci'ii Ivussin, and (he L'liilfil Slates, and beyond tlii- limit of Id miles tVoni any land.
k is furliier sliiiulalcd that in ea>e the vessels or any ol' (licni .-li;ill lie eoniienined,
by any order of ilic Coiiil, that the same >liall not he sold initil ilic exjiinitioii of three
months from the piildieation of any order ordcrii:;,' ^ncli .salo, and that ^ledi -ales shall
lake place at i'orl Town-end or some other ))oint on I'li^et Soinid.
it is further slipidated that the delendanls may jrive sceiirity f'lf .•i4)n!iiJ to the
Sii|ireine Couri of tlie L'niled Stall's, or sueh oilier (.'oiirt as may han! jiirisdietion,
iiy hoiuls of any (inalihed liond.snien in \Va>hinij,lon Territory, ()rfr»i»n. or Calilornia.
I'pon. the (|Ueslion of faets Ihus a;j;rceti upon, the parlies ^iihmil the eases to the
t'oiiit upon the law (iiie.slion raised \>y the demurrer.
On heiiall' of the Masters of the aliovc sehooncr-.
(Siguud) M. W. DliAKf;.
(Sij,nied) A. R. DELAiNKY,
Attornei/ Jur I In: Uiiiti.il iSt(iti:s.
Sfiiiteinliii- 10, 1887.
Inclosure 5 in No. 17"),
Mr, Garland Id ifr. Umtiinl.
^'n. Ih'jiitilmi'iil iif Jiislirc, l\'iinh!iii/hiii, Orlnln'r II. li?'^.'^.
I IFEHEWITIl inelosc (.-opics of idMimunieations reeeived from W. .M. (Jrant,
Cniled Slate.s' Attorney for Alaska, from the facts siilmiitted liy him in eomiec.ion with
llic)>e contained in my letter of the '-'(itii S.'iiionilier. \ siiliniit whether il vvill not he
expedient, and for the best interests holli ot' the I'niled States and adverse el'.iim nils, if
there hi' such, that the vessels referred to he speedily -^old, .\ii answer i-^ desired at
vdiir earlie-t convenience.
Verv re'-pectfully,
fSiiined) A. H. (lAliLAN I, \ .I//,,,,. ■,/.(,•<'//-■,»/.
No. 170.
Mr. Herbert to liir Marquis of Salisburii. — (Received .Itiumirii 2.1)
11 V Lord,
ly ]iOr(t, Wasliinijinn, .hiuuunj >S, IWsy.
I TIA\'i'; th(! honour lo report tli.'it 'Mr. Iloav introduced ;i Itnsoliitioii in the
L'nale on the ;5i'd instant, askin'j,- for any eorresponde'iieo that may have taken place
1(1, <'.,.,. 1 i>. .:(..:.. :.. ; i.. ii... . ,.„r n'l :.,, : i>,.i. ..;,..„"'. s}i....:i ■ ;..i1t.
rs Str;iil-
Sen
with tireat Brilain in reijaid to the seal-tishei'ies in oi' near neliriii^.- ..n.in-,
as to the seizure or release of any Jh'itish vess<'Is hy the I'liited States:
;iskir:i;- for information as to the Keniilations i^overnii "' '' ' ' ' ■•'■•■
;Hlii[)ied hy tin; I'nited States' (ioverninenl .
lei^es that tlier<> liavi? been, and still are, widespread eoniidaints of
1.1
especially
and also
the fisheries which liuve heen
the
nil
.Mr. Hoar alleges lliaT tlier<> liavi? heen, and still are, widespread eoiiijdainis or
just divseriiuiiiiition made aj;;ainst A'lierieaii vessels in those waters, ami that while
■y are not permitted to take .seals oitt at sea, wliieh is perfectly ])roper and rii;lit,
interfereuee is made wiHi the o))orat ions ol' the ves.;e's of other eoiintries, iiavlieiilarly
those of (ircat Britain.
I'liis Kesoliition, which was adopted hy the Senate, was probably prompted by the
I'et'erenee in the I'resi dent's !Messai;'e to .'i jn'oposed arraii'jement with I'oreiLin I'owcrs
for the prot(!etio)i of fur-seals in l!eliriiin'"s Sea, wiiich ha- arou-ed ;i iioovl deal of
I'uriosily here.
T!ie passai^'e in (|uesiion ran as lollows :--
" .My endeavonrs to establish, by international co-o|)eratioii. measure-, lor the
prevention of the e.vterminaliou of rur-seals in Belirin!);'s Sea. htue not been relaxed,
anil 1 have hojies of beiiiL;' enabled shortly to submit an elVeelive and satisfactory
dniveiilional pi-ojeel^ with the .Maritime Powers for the approval of the Semite."
1 will not. fail to send your Lordslii]i a copy of the eorrespoiidenee asked lor as
'^1)1111 as it is presented to Coiiijrcss.
(Si
I have, i&e.
'lied) MTCIl \i:i, II. IIKltHKKT.
[128]
L' H
No. 177.
The Marquis of Snlisbitrii to ^[r. Edwardos. — {Huhmlnnre, Megrnphed.)
Sir, Fnmijii OU'ri; Miinli L'.'?, 18'<1».
^lY attciiiioii liris Ijccii cnllrd td a tclci^iMin, dnffil WasliiiiLrldii, the ■_'2i!(i Mrircli,
wliieli appciircil in tlie " 'Times " ol' ti>-(i;iy, to the cH'cci. timl I'lvsidi'iit Harrison Ims
issued a I'l'dclainatioti waniinu' lor(>iu'ii lisldiiu'-vessels ai;;aiiis( eiderini; the waters (jI
Behriuii's Sea, within tiie doiniiiioii of tlie Suited Slates, loi- uiiiawrul (isliiiii; for
fur-boariiiij: animals or salmon.
I hav(! to re(iuest you to report to ine, hy toley:ra])li, the exact terms ol' the
Proclamation rel'erred to.
I am, (fcc.
fSisned) SALISBURY.
No. 17s.
Mr. Ediiiirdes lu the Marqulu of Suli.shtirii, — {Rvcfivcd Inj lrifijr((jdi, Mnrcli 215.)
My Lord, Wiislun(jlon, Marrh •_'."?, IS"!).
[ IfAVI-i had the honour to inform your Lordship to-day, hy tulef;iapli, thiit ii
Proclamation was issut'd late yesterday afternooii by the I'ro'-ident, wariiint; all persons
aj;ainst entering' the waters of l^elirinj; V Sea within the domain of the rnitiil States for
the purpose of violatini;- the provisions of section i'.i'iG of the Kevised Statutes relatiiiir to
the killini;- of i'ur-heaiin;;' iininials, and thai, if found doing- so, they will he arrested and
their vessels, apparel, ^ce., will he st^ized.
I have. Hn:,
(Sij-ued) II. (i. KinVAUDES.
No. 179.
Mr. Edwardes to the Marquis of Salisbur]/. — (Received by telegraph, March 2.1.)
My Lord, Washington, March 23, ISSH.
IN ohodicnce to your Lordship's instructions received in your tolei;ram of to-day's
date, 1 had the honour to send to you. liy t(de^Ta])}i, the exaci terms of the I'residen'.'s
Proclamation issued yesterday afti'i'uooii. whicli lie issued under the authoi'ity "granted
to In'm hy the Act of the 2n(l Alareh, is^'.), iirovidiii'j,' fur the inoieelion of the sahnoii
fisheries of Alaska.
Tliis Froelamation, eopies of uhieh I have the honour to inclose, warns all persous
against violatinL' the Laws of the United St:ites in the waters of Uehring's Sea, witli
regard to killing: fur-heariny animals, the peiuilty for such violation heinii; ai'rest of
person, and seizure aud eontiscation of vessels, apparel, &e.
T have, &c.
(Sicrned) IL G. HDWAllDES.
Tnclosuro in No. T79.
Extract from the " Washington Post " of March .':!, Issi).
Alaska tvithout a Governou. — V T'uocla.mation iiKfiAnuiNii i'vii-nKAuixe
Animals and Salmon. — fiovernor A. I*. Nivineford sonu; lime since wrote out his
rcsiijnation as (lovernoi' of Alaska, and siMit it to the Interior Depaitment, wlicir it
remains unacted u|ion. Since then the (jovernor Avrote that he should leave Aliisb
for home on the 0th ]\Iareh, so that he is now out of the territory, .anil Alaska is
without an executive head.
The f oUowiui' Proclamation w.as issued late vcsterda v afternoon : —
S;i
Islniul
I'liiiiiii-i
CMles W
i.s nol
Wli;ill;i
nlioiii J
llle pri
nn|ioi'i;
fii'pavli
Sitkii a
A Proclamation.
By the President of the United States.
The following jirovisions of the Laws of the United States are lierchy p>ii)hslicii
for the information of all concenied : —
Sir.
1
the Al:
whieli
A|
111
235
nrms ol' tlii'
ani of t()-<lny'>
tlif I'rcsidcii'.'s
hority i,'ranlal
ot the salninn
DWAllUES.
■ wfoto out his
tuu'Ul, when' it
Ad U'iivc Aliisb
•, :iml Alaska is
Section lO.jCi Roviscd Statut(\s, chaplcr .'5, title 2^, cnacfs tlmt —
\o piTsoii sli;ill kill iiiiy otter, liiiiiK', iirnten, s!il)le, or
I'lir seal, or other fiir-
iii';iriii'4' Jiiiiiiial, » itliiii tlie liiiiil^ ol AlasKa l','iriliir\, or in the waters tlicrei
ewrv |iersi.li
ilt\ tlieiMMjl' NJiiill, lor
.IVen
le lined not less tlian -JOH dollars,
[)r Mion? than l.OOO dollars, or ini prisoned not more than six months, or l)olh ; and all
vessels, tlieir tackle, apparel, I'urnitnre, and carp), I'oinid oiiyafi'cd in violation of this
section shall be rorj'eited; hut. the Secretarv ol' llie Troasinv shall liavi; power to
iiorizc tin; killiiitr ol" anv sncli mink, marten, sidle, or iithei
liir-hearmu: annua
except lor seals, undei' sn(di iii;nlalions as he may pres<'ril)e, and it shall he the duty
III' tlie Secretary to prcv<'nt the kiliiu'r ol' any I'lir scmI. and to provide lor the (!X(HMiti'jn
ol'ihe provisiims ol' this seelinn until it is otherwise pro\ irh.'d l>y 1;
iw, nor
shall he yrant
any s|)i
leeial privileu'es nin
(hTll
lis secluin.
Section ;' of the Act entitled "An Act to ]n'ovide for the protcciion of the Salmon
Fisheries ol' Alaska," afiproMvl the L'nd IMareh. l^'S'J, jirovidi-s that —
Section 1!J.">(> of the IJcvised Statutes of the Fjnilod States is licrchy declared to
include and a]iply to all iln^ dominion of flio United States in the waters ol' Hchrini,''s
Sea. and it shall lie tlie duty of the J'lesidciil at ii timely si'asou in c.'udi year to issue
his I'l'oclanKition, and cause the .sjimc to h(> iiiihlished for one month at hvist in one
ni.'\vs|)at)er (i
r anv such tlici'e he) iinhlishcd at
h I'nited Slal(
r
iciHc t'liasi, w.Mrnintr
s' piu'l of entry
the
persons against enterinif sulOi waters for th(
id h
piir|)()se ot
viiilal in;:' t lie provisions of said section, and he sli:ill .also can*-!' one or iiiori' of the vessc
Is
af till' I nited Slates to dilii.'-enllv (aaii/e said Avatei
to hi
rs, anil arresl all jicrsons
;ind seize all
ivc heen cnir;i;j;cd in anv violation of the Ijiuvs of the I'nited
vessels found to hi
States therein.
Now, therefore 1, ]5enjaniin Harrison, President el' the UnitiMl States, ])ursuaiit tc
the above recited Statutes, lii>reliv warn a'l jiersons ai!;ainst cnteriiif; the waters of
l?dr ■--..- . . ...
pro\ ism
Sea within the domain of the I'nited States for the inir))ose of violatini; the
lis of said section ^'^'>(> I'evised Statilfi
an
d I licridiy proclaim that all
Jicrsons found tn oc or lo have h"en eiiirau'ed in any violation of the Laws of the United
States 111
vessels SI
forrcilcil.
(I waters will he
em)iloycd, their t;
rcsteil and imiii-lieil as aho\e pr
, ajiparel, riirnidirc, and carLCot.'s
III testimony whereof, 1 have hereunto set my hand ai
led Slates to'hc alli.xed.
Done at the citv of Washington, this "Jl si dav of ^Marcl
ivided, and that all
ill lie si.'i/ed and
ised the seal of the
pcndciice of the United States I he lUitli
J5v the ['resident,
(Si-ncd)
1889. and of the Imle-
Hl'N.r. UAllRISON.
(Sii,'ued)
.JAiiiJs (1. Blaixk.
Secreiarii of State.
Sailing;' orders iiave licen sent to the United States' steamer " 'I'hctis " at tin* Marc
Island Navy Yard to iiroceed to Sitka, louchint;' en roiitr at such pl.'ices as lier
I'oiiiiiiandinu' oliicer may deem necessary. When slio arrives at Sitka and eommnni-
catcs with the civil authorities she will, if the situation is quiet and her presence there
is mil rcfjuired, enitinne on northwaril, and devote attention ]iarlicularly to the
wli.'diiM.^ licet and to other commercial interests ot the I'liitcd States in the waters
nlmii! tiehiiiiLj's Straits and the .\rctic (_)cean.
As the whalinif vessels usually JeaM' the Arcli(r in the latter p.ai't of September,
tile |iiesence of the " Thetis " nntil then will add security to those en iiaLjcd in that
impiiil.mi industry, and the " 'I'liidis " will remain until they V.vvc. taken their
di'pavliire .southward, takini;' care not to be eaui.;ht in the ice. She will return to
Sitka and await further instructions.
No. 180.
Colonial Office to Foreiijn Office. — {Received March 26.)
Sir, Dnwitimj Stnrf, Miircli 2f5, ]RS!).
1 -V.\f direeied by Lord Kniitsford to request thai you will call the attention of
tile .Miii'ijuis of Salishurv to the accompanyini;' copy of a li'lcujrain from \V'asliinu;ton
which appeared in ilie " Times " of the ■l.ivil instant.
As the Canadian sealiui,'- vessels will shortly be jiroceedinf^ to the sealinti;-u;rounds
[128] * 2 H 2
38A
ill ISclii'iim's iSoa, .Lord Iviuii-loid \miiiIiI lie i,'ln(l il' Lord Siilislmry would tclcuniiili t.,
llcr ,M;iji'-tv"s Cli.'ii'ii'i'' d'Allaii't's ;n \\ Msliiiintoii to ancortaiii wliotlior tlio statciiicnt in
tlic tcli'Ufaiii is forrcc't.
I mil lo siipiiri^st also that .Mr. llcflicrt should, at Ihc sami! time, be iiistviictcil, if
the stalciiUMit is correct, Id inrorni the Uiiiteil Statf.s' (iovoniiucnt that llcr .MajCNty'*
Govcrimii'iit cannot n'(|uiiv the luastcr.s of Uritisli V(!ss<'ls, wlicii lishini; iii it('hriiii;"s
Sci hcyoiid the li-niilc limit, to rccouiii/c lli(> L;i\vs of the ITiiited States.
I am, &c.
(8i-rii«"<l) .rOlTN FWAArSTON.
Inclosuro in No. 1H0.
Tlip Jliinlrii Finlifr'K's.
WiishnKjtiiu, Miirrli 'li.
PUK.SIDLN'I' lIAIiHTSOX has issued a l'rO(damatioii, wnniiiii: I'oreinti dshin;'-
vesscls auaiiisl ciiteriii'.,' the waters of |{ehriiii;'s .Sea. within the (loiiiiiiinu of the
lJiiit(;d .states, foi' inilaHi'ul lishiii!,' for I'ur-licariii',' auinials or .salmon.
No. l^^l.
Fnroiijii Office In Cnlnniiil Office.
Sir, riirc!i/n Office, Mnrrli .SO, ISg'.).
I ITAVK laid liefore the Marciuis of Sal ishury your letter of tin; 2(!tli instant,
callin;; attention to a ti'lei^'raiii which a])))eai'e(l in the " Times " of the lilird iiistaiit
respect iiiu; the I'roel.anialion by the I'resiilenl of the United .States in regard to tln'
seal-fisheries in liehiinii's Sea, and suif^estinn' that a representation should Iks made to
the United States' (l(jveiiinieut on the subject.
His liordship directs me to .state, for Lonl Ivnntsford's information, that it is
proposed to defer any action in the )uatter until the reei.'ipt of the .Vet for tlic
protectiou of salmon in Alaska, ivhiidi i.s now on its way from AVashinu;ton.
I am, &c.
(Siurned) 1'. CUIUIli;.
No. 1S2.
Mr. Edirnrdex In tlie yfnrtivis of S/iii.iliiini.-^iPeceii'eil April 1.)
5[y Lord, Wnshimjlon, March l.j, IRSt).
I HAVE the lionour to state that, havinu- beard priviitely from ;i Memlier of tbc
IIoiisc of Comin;)ns, who has lately been travcllim,' in Canada, that the >ale of the
three seized IJritish sealers was ordered to take place on the 2(Jth instant, I tele-
<;ra]died to the Ciovernor-( Jcneral of Canada (copy of telet;rain inclosed) to in'[uii'i.'
whctlii'i' the owni.TS of those; vessels were wiUini; to liond their ships, and that, if so,
I woidd endeavour to ]n'ociire from the United States' authorities a postponenicut of
the sale.
ill the meantime, I learnt piivately that if I addressed such an ap])lication to tk
I'liited States' tiovorninent, the Solicitor-G(<neral, to whom it would be referred, the
matter linvinu' been under ecnisideration in bis Department, would at onc(^ order
a jioslponeinent.
.1 rceeivcd last ni^lif a tidei^ram (copy inclosed) from Lord Stanley of I're.stoii.
iuformini: me that the Canadian Minister of Marine is not of ojiinion that am
intervention on the ])arf cd' Jfer .M;ijesty's Lei^ation at this moment would lie ol' vjlui'.
'I'lie owiKMs of the vessels were not willin;; to bond at the valuation made by flic
United States' authorities, and the late Administration had refused to allow ;i
rev.'i Illation.
1 shall, eonsequeutly, refrain from action in the mafter without further
instructions.
I have, &c.
(Sicrncd) IT. G. IWAVA11DE9. .
237
Inclosuro I in No. 182.
Mr. EdwnrdfH to Lord h'tiinleij of Prmton,
(Tii'Ljniiliio.) ll'iishiiKjloii, March 8, 1889.
I ILVVK Ic.'irnt, trom private .sourt'o tliat tlio thee seized hritisii sealer-i are to
lie sold on the 2tjtli instant.
1 inii;iit endeavour to obtain a postponemeut ol" the sale if the owners are willinfj
to hoiid their vessels.
Inclosiirc 2 in No. 182.
Lord Stanley of Preston to Mr. Edwardes,
March 12, 1889.
YOUR telei,'rnm of the 8th March.
Minister of Marine does not think that any interference just now would bo of any
value. Owners of vessels will not bond at present valuation, and request for revalua-
tion was refused by late Government.
ivitbout furtlier
i:dwaiides.
No. i--;}.
Mr, Rdwardes to the Marqui.t of Salisbury. — {Received April 1 .)
My Lord, IVashinyton, March 18, 1889.
J HAVE tbo lionour to inclose to your lordship lierewitii a copy of a Hill which
has heeonie law, jjrovidina; for the proteetiou of the salmon fisheries of Alaska.
1 have thoui,'iit it worthy of transmission on account of section 3 of the Act
wliicli miirlit possibly be quoted in connection with the seizure of scalers in the
liclirinij's Sea.
I liavo, (fee.
(Signed) U. G. EDWARDES.
Inclosuro in No. 183.
[Public— No. 158.]
An Act to provide for the Protection of the Salmon Fisheries of Alaska.
in-; it enacted, by the Senate and House of Representatives of the United States of
Ameiii;i, in Congress assembled,
Tiiat the erection of dams, barricades, or other obstructions to any of the
rivpi's of Alaska, with the purpose or result of preventing or impeding the
ascent of salmon or other aiiadromous species to their spawning grounds, is hereby
ilrclni'cd to be unhuMul, an<l the Secretary (if the Treasury is hereby authorized and
(liiceted to establish such rcjgulations and surA-eillanee as may be necessary to insure
that this ])rohibilion is strictly eiit'oreed, and to otherwise protect the salmon fisheries
<il' Alaska ; and every jierson who sha'l be found guilty of a violation of the provisions
(if tills seclioji shall be lined not less than 250 dollars for each day of the continuance of
such obstruction.
See. 2. That the Commissioner of Fish ami Fisheries is hereby empowered and
directed to institute an investigation into the habits, abundance, and distribution of the
salmon of Alaska, as well as the pr(>sent conditions and methods of the fisheries, with a
view of recommending to Congress such additional legislation as may be necessary to
prevent the impairment or exhaustion of these valuable fisheries, and placing them
under regular and permanent conditions of production.
^>ec. ;{. That section ]!).")() of the Hevised .Statutes of the United States is hereby
declared to include and apply to all the dominion of the United States in the waters of
Behring's S<!a; and it shall' be the duty of the President, at a timely season in each
year, to issue his Proclamation, and cause the samc^ to be published for one nxonth in at
least one ncwspajjer, if any such there bo ])ublishcd at each United States' port of entry
2^8
oil till' I'acil'iL' coast, warnini;- all pin'sons aijaiiist ,<MiteriiiL; said ■waters I'or tli(! |)iii'|)i)se
of vii)latin<4' iIh' i>i'i>visi()ii> id' said sec^tioii ; and lie sliall also ciuis(! oii(> or more vcsx.'ls
of till" l'niti'(l Slates to dilin'cutly (.'nuM' said wiitcrsaud arn'^l all jici^uiis, and soi/.rall
vcsstds found tobu, or to liavc buuii, cuyagcd in any \ iolalioiiof ilic Jia\v-(jl' tlio Lniiwi
States tlieroin.
Ai)i)rovcd March :.', I'^SC.
No. 1S1-.
Foreif/ii OJfirc h> Caloniiil OJfic.
Sir. Foi-clyii ()J/ii-<: .Ipril \. issi),
1 A^l (iirecti'd by the rvFarcinis of Salisbury to ii'aiisniil, Fur tiu; infonnatiou (if
Secretary Loi-d Knutsrord, a co])y of a desjiatch from .Mr. Ijhvai'des, Hi r .Majesty's
L'liai'Lfe d'All'aires at W'asiiin^ton,* on the question of the sale of tlie three Jiritisli
vessels seized by the b'nited Stales' authorities in .1SS7 wIk.'u eni;a^M'd in seal tisliiiiL,' in
Behrinu's Sea, and f am to ri!(|uest liiat you will move liis LoivWiip to furnish Lord
Salisbury with any observation^ lu- may have to oiler on .Mr. Jidwardes' despatch.
1 am, ikc.
(Si-iied) T. 11. SANDEKSUN.
No. 185.
Mr. Ediiiirdcs In llir }[iir(/uis of HiillsiiHni. — [R'ceircd Ajirll '<.)
(l']xtract.) IVfisiliiiujtnii. Mnrrli •_'."., IS'^'.I.
I liAVi; the honour to transmit to your Lordship herewitli extracts of tlic
correspoiidenee wiiieh h;is been published in response to a Senate Itesolntion of tlir
2uil .lanuary. 1!^^'). upon the seal lisheries in 15eli ring's Sea.
Inclosure in No. Ibo.
i:ilri(rlsfii,„i /•■III rV i,/ til, M,:t.vi;i,: from thi: Pnmil-nt nf llir irniUd SI'ilc-: of luhni'irn VI. ISS'.l,
:>Wli C(>iliiri:>iK, 2llil >'!>«/(;,(, Er. JJiir. Ai/. ](lil.
Mr. Piihtici' Iv Mr. Adnta^.
Crrini-liiiiciii. tl'ii.diiiii/lu'i. Jiini'iirt/ 'iU (Fihrnari/ II), IK'.'..
TIIK L'liiii'isi.uiu'il, lMivi>y iv\lriHii'iliiiiU'v and .Miiii>U'r l'lriii|iuU'iitiiiry nf His Jlajusly lli^'
fjiipiaur iif All llic liiissiiis, in (.■dusuihilmu'c nl' urdiM.-i whicli liavi; liili'ly rciiclii'd liiiii. liasU'iis lidivwitli
111 tniM.^iiiil III Mr. Adiiiiis, .Si'civUuy uf tllate in tlii' ]lc]iiirti]K'iit nT l-'oicijiii All'air';. ii priiiti'd ('n|iy nl
ihi' l!c"4iilaliuiis adiiptfil Ky tlio J!iissian-.\iiU'iicaii ('iiin|iaMy. ami suiKtiiniiMl liy His Iinpi rial Maji.sty.
ii'lalivM til fniL'iirn nmuni'ivc in tlic waters buidfriii',' tin- I'slalilislnnciils ef tlir said (.'niiiiniMy mi iliv
iinrlli-'vest ('nasi nf AiiiPlira.
'I'lio riiili'Vsi,^iR'd iiini'civu.s it tn Iju, moivdvci', liis ihil\ In inrurm .Mr. AdaiiH tlial tlic Iiii|'iriiil
( liivriiiMii'iit. ill ailiipliiiu; tliu liejiidalimi, siip|jnsrs that ii riiiri|.;ii siiip, wliirh sliall liavi' sailed l'i"ni ii
iMinipi'ali pint alui the 1st, .March, 1.S_'2, nr I'l-oin mic uf tlie jiinls ul' tin' L'nilud Slali'.s after tlu'
I -t .lulv 111' till! same M'ar. iMiiinit lawfiiUv )iieti'iiil i','iii)runi;i' nf lliesi: new nieasiiies.
Tlie I'riiler-i- 1. &e, (Siu'iied) I'iKKKK hi: I'dl.KTIiA.
I
iJi-ul;,
ii'l.'liii.
llpell !!.
I
ill till
llHlll 1
Kii-i,,,
I'I'I h,,
.Stiit..s ■
I'MI-lie.sl
"•llirl,
O'llUili"
Ve..,.N
eXlell.U
Til
iiHiriM
pnii.i|,l
ii'-Villatl
llleliisiire I.
' 'lief (// Jlis Jiii/ii'i-dd Miiji^tit, Aiihicriil "/ All Ih A'K.tf/es.
'I'll Ii iliieriiie.; Si'ii" I liiiiketli kiiHWii iiiilii all uieii :
Wliavas ii an '' ' ul' His Imperial Miijesiy issueil tu the dirceliiiL; Senate on llie IlliilaV';
.Sejileiiilier, and ■ i;;ne I I.; His Majesty '.■< nwn liaml, il is Hills i.\|ire.«seil : —
■ OI'servMii.', ''"11111 ltepiirt.>< »iili|iiilteil In lis, tliat tlic tiaile ul' mir siilijeels on the Aleiitiiiii Islumls
ami uii III! iini!li-'Vi . (■uiisi (if .Vnieiiea. ii|i)ierlaiiiiiiij iintu Itiis-^ia, is siilijecl, lifeiiiise of senel iiiul
illieit trallie, I 1 I ;i|M, ssiiai anil iiniieiliMienl-* ■ aiiillimlin;/ that llie piiiicipal laiisu uf ihese ditlieiiUif-
is tile waiil ul liiiles esialilisliini,' llie liuiniilaries liir iiaiiyatiuli aluii;; these euasts. anil the miler il
naval eiiiMiiiiiiiiialiuu. as well in ihese )ilaees as mi Ihewhule uf llie nislein eu.ist uf Silieiia iiii'l II:'-
• No. ISJ,
.All
iiin
lli-r
Inn
IV. 1
Kiis
"1
III
ia
"11"
II',
'.■nil
I'll
— /
2ai»
Kiiiili' I-laii<h, \v(>liiivi' iliM'i I ii iii-iis.-.;it) III ili'lijiiiiiii!- llii'-i' i uiiiiaiiiLiriUiinis liy sjii'.ilii; i;ii,'iiliiliijM.-,
uliiili lire liiTi'lo attiii:licil.
• III lnnvardiivj tlicsc 1;i"_'uImi imis id iln.' (liriM-liiitrSi'iiiUr, wv ciiimiKUni t .,il ihu .•^iiiiii' lui imbliiliud
fi.r iiiu\ii-.:l iiil'iiniiaUi.ii. ;iii.l thai iln- ]irH]ii.'r iiiuasaii-- li ■ taken tu eariy llicrn into fxcrmioii,"
(Si^ I_i CiMiiit l>. cA'VW'.V. .\/:iil.4i r '•/ f'-iiiiiwci.
It i- riicrurnri' ili'i |-.'-l liv Un- 'lifia-iinL' S.^iiati' lliat liis liiipi-vial Majc^ly's Kilict It intlilishitd lnv
.ill' inlnrliialinii ul'iiU iiicii. .iml liiat tin; siiini' Ik; i.Ii,-\i"i !>v all '.vliuiii il iiiav njiirfiii.
fTlir iiri'_'iiial is .si^rai'il li.v tlii' iliin'liii'j Siiiatc |
I'liiilnl at .'^l. ri'ttaKliiireli. Ill till' SiMiad'. tiir Tlii Sc;;leiiilii-i-. [H'Zi.
[I In till' iii-i'_'iiial is wiiUi'ii. in llic. Iifiiidwiiliiiy nf His Jiii]icriil Majcsly, Uiii- :]
I'll it ar(:iiV(lill'.,'lv.
(Siync/ih ALKXANDKl;
K'l III' 11111,1/ ilisli-iill', iSi'jilriiihii- 4, l.'^L'l.
Iiu-ldsuni 11,
y.'ii/rs raliihlUhrit fur tin Jjimil'i of Xnrhinlion iind Order iif Commiivirfifinit nlniuj the rmiM af ilx Kns/rnt
,s'/7ii )•(>/. Ini: ■.'iiii-lli.-uxuh.n' cmid nf Am/:iica, a/id the Aknliiin, A'l'i-ili', nml n/lur fs/inn/".
SK(."ri(lN 1. Till' (airsiiils nl i.-i'iiimcrc(i, whaling, anil lisliin'.'. ami nl all iiiiirr imlnstry. mi all
biiiinis, |iuils. ami mill's, iiicliiiliii^ tin' wlmli- nl' llii; norlli-wti^l coast nl' Aniiiica. lii'u'iiininu iVimi
IVIuiii^^s HUn'n to llu- iJlst ilegiiai i.i' nia'tlifiii l.ailuili'; atsu IViiiii tin' Ali'iilinli Islamls In lint rastm'!*
mast III' Silii-liil, a-i WfU as alnn;; llu- KmiU' Islands hom l!i'liriiii;'s Strait In tliu soulli ca\v nl llii'
Ulauil nf Unip. viz.. In ■)" nil' iinriliiiii lalitiido, avi' i-.\fliisivfly •_'ninti.'d tn liussiuii nuliji'Cts.
Sic. 1!. Il is Uifi-cl'm-o iifnluliitud In all Iniciiin \cs.scls nnl mily tn land mi llu; ciuists and islands
iiclniiiriii;; In llnssia, a.s staled aJmvi-, liiit al<n tn apimiacli tlicin. -vviiliiii less tlian UHt Ilaliau inilcs.
The lran.s;,'ivtf.sni's vessel is siilijcct In cniiliscatinn alniii; with tlic v.linlc c.atj.'n.
.Sic. ;i. An cxcc'lilinii Ui lliis vulc is in In; made iii lavniil nf ve.ssi-ls cariicd lliiliicf liy licavy .ualft-?,
Ill H-mI want uf [unvisinus, and iinaWc. In make any otliev shores Imt such as liclonn tu Itii.ssia ; in
these rases thiv ai'u iilih.i;ed In |ivoduce iniivinciiii; ]irnnfs of actual reasini fnr .such an e.\ci [itinn. I^liips
iif ,iciidly (nivernnicnts, meiidy nu discnverics, are likewise exempt frnm the fmeirniiij,' liiile
;stictinn J). In tliis case, huwevut, they musl iircviously hu pnu .^d with [la.ispoits IVniii the liiissiau
.\liui.stcr of the Navy.
.1//. J,/iiii,r,t,.,][i:J'i,/i(;,:ii.
f^ii. D-jn'i-tifiiiif c/Sld/i; U'lif/iiiiitliiii, Filii-iif'nj'2'<, lh22.
I II.WK the hniii'iir nf n iiiviii'i yniir imte nf the 11th inslalit, indnsinj.' a jirinted cnpy nf tho
lii'.Milaiiniis ailnpted hy tlie li'us.jiaii-Aiiieiicau Cnnipany, and sanclinned hy His Impevial M;i|je.sty,
icliitiiiL' tn the cnminerce nf fnreiuners in the waleis ImrdeiinL' nii tin i staVilishiiu iits nf that Cnnipany
U|ii.ii the imrth-wcst cnast nf .Vm-iii-.i.
1 iiiii directed hy the rrc'sideiit nf the riiited Stated to iiifnvm ycni that he has seen with surprise',
ill till. IMict. the as-iertinn nf a lerritnrial claim on the pan nf Ru.^.sia, extending; to the .'Ist dct;ree nf
iii'iili latitndi! on this cniitiiient, and a i;e|,'iilatinn ii.ierdictin'.; to all cnnniiercial vessels other than
Uii-<ian. upnn the jifnalty of seizure and cniiK.scatioii, the alipmach upon the hijjh Seas within
Imi Italian miles nf the slinres tn w hich tliat claim is made to :ip]ily. The ic-latinlis nf the United
."^tatcs with lli-i Impeiial .Majesiy have, always l.ieii nf the nmst friendly chanictor, and it is the
iiinic.il desire of this ( tnvernment to preserve them in that; stale. It was cNpeoted, hefore any act
wlijih -linulil deline the hnnndary hetween tlm territories nf the rnited Stales and Itu.ssia on this
cmitiiieiit. that the same wnidd have heeii airaicjed hy Treaty hetween the jiatties. To excViide the
vcs^i'h of our citizens frnm the ^linre heynnd ihn onlinary distance to which the territorial jnri.sdictipn
I'VtcinIs, has excited still j,'reater surprise.
This (Irdiiianci' allecls BO deeply the ri;.;iiis m the rnited Slates and of their citizens that 1 am
itistnicled to iiiipiire whether yon are authorized In L'ive explanations of the ■.'fniinds nf vi^'lit, upon
principlis ifeiierally reco'.'nizi'd liy the laws and usi'.'cs of naiions. whicii can warninr the claims and
licgiilalion.s cniitained in il.
f avail, i^c.
iSi'jiieih .lOlIN (>riX(V Ai>.VMs,
on Ihe llh d;ivil
.1/,. /•,./, /nil t.i Mi: J. I,,,.,-..
W'liiliiiiillfii. Fiiinmri/ L'Si, l.sJLiL'.
Ml.'. I'lU.KTIt 'A r )ilicd nil I lie 'iStli nf ilie same month, and. after Ljivin^.' a summarv nf hislorical
iliciileiits which siemeii in him In eslahlijh the title •<( ltus>-ia tn ihe tiTrilnric- in ipieslinii liv liv-t
ili-inviiT. saiil :—
"I .shall he ninre sncc'ucl. Sir, in 11 vpo.sition nl the iimiiM's wliii li delen.uned llic Imperial
""*' I'l Ill lo in'iihihit l'oieii,'ti ve,..sel.s from appro.ichiiir; the north-west co.ist of America licloii;.'in;4 f"
Hii<-i;i within the ilistaiiee of nt leasl tmi IimHiiii miles, This nieasiire. however .seM'ie il may at tirsl
■'L'!"-'!' is. alter all, hct a meiisme of prevcntinn 11 is e\cliisively dincieil iiu'ainsi the latlliahlr
i.'ntcrpiise.s of foreign lulvijntnivi's, who. not cniitent with c.U'rcis.Mifj; u^mii ihe eoasls above meniiniieil
240
ill! illicit tnidu very inujuilirial tci tlii! rijjlils lo-civid L-miiiUy In llii' li'ns-iiiii-Aiiiciiciiii ('iini]i;iliy, take
upon them liL'siilcs tii I'liniiHli iivnis uiul iiMiiiniiiitiou In the iialivc^.s in tin: Kiis.siiiii )pijssc'ssiiiiis in
Aiiierii'ii, cxcitiiij; lliein liiiuwise in uvury iiiainuT tn rusi^t itml ii'Vull iij^aiiist. tin- imtlnnilii'S tlnTi'
established.
"The AiiR'tican (liivernnuMit doubtless rcciillccts ihat llii' ittcijulat eniiihirt uf Ihcsf adventurers,
the inajorily of whoni was eomiifisetl of Ameriran cili/i'ns, has liccn tlic olijeit nf tlie. most |irpssinf:
renionstrauees on the iiait of Jlussin tn tlir Kedeial I Invei-Mmcnt Irom the lime tliat Hiphinuitii'
Alissions were organized between the rnuntrics. Thi'se remonslranees, repealed at dillereul liuio,
remain eonstantly witliout elfeet, and llie inrouvenienee.s to wliii'h liny ouLiht to lirin.i; a renicily
continue to inereasc
"1 ought, in tlie last jilace, tn request you to eonsider, t>ir, that ihi' liussian possessions in llu'
Pacific Ocean extend, on the north-west coast of Anieriea, from I lidi ring's ''trait to the Tilst degree of
north latitude, and on tlie o]i|iosite side of Asia and the islands adj.ieent, fnim the same strait to the
45th degree. The extent of sea of wliieh these ]iossessions fnrni the Ihrdts iiimprehends all tin-
conditions which are ordinarily attached to shut .seas cniers feriniVs"), and tlie liussian (Jovermneiit
might consciiuently Judge itself aulhorizeil to exereisc; n|>ijn this .sea tin- right of .sovereignty, aiiil
especially that of entirely interdicting tlie entrance of foreigners, lint il ]ireferred mdy a'^sertiii'.' it-
essential rights without taking any iidvautagi; of localities."
Mf. Ail.oiiit: tu Mi: I'dli'U'
Sir. iJii'iii-hiiiu' ijf.Slii/,, Wn.-^hi.vilua. Mairh oil, I82L',
I HAVE liad the honour of receiving your letter of the L'Stli ultimo, whieh has been .submitted ti.
the consideration of the I'resident of the United States.
From the deduction whicli it cuntains nf tlie groumU ii|Kin whii'li .\iiirles nl 1,'egulation (pf tlip
Russian-American Company have now, fur the first time, extended the claim uf Wiissia mi the north-
west coast of America to the olst degree o!' norlli latitude, its only loiindaUnn ajipears to lie t!ic
existence of the siimll .Settlement (if N'ovo Areliaiige!>l<, situated, not on the Amerieiin eoiitiiieiil, hut
upon a sniull i.sland in latitude .'iT' ; and tln' ]ainei|ile iipnn wliieh you stale thai lids claim is new
advanced is that the ."Isl degree is eipiidistaiil. from the Settlement of Xovo .\iehaiigelsl< and tlii'
establishment (if the I'liited States at the mouth of the 1,'oliiniliia Iiiver. lint, from the same 'talc-
ment, it apjiears that, in the year 179'.'. the limits prescribed by the Kin]ieror I'aul to llie Kie-siau-
American Company were fixed at the .""i-'ith degree nf latitude, and that, in assuming now the lalitiidc
h1\ a new pretension is asserted, to wliieh no selilement made since the year IT'.TI has given llu-
colour of a sanction.
This |iretension is to be considered not only with reference lo the ([Uestinii nl' territorial right. Inn
also to that pmbibitinn to the ve3.sel.s of other nulions, imdudiiig those of the I'nited Slates, to a]ipr(iai!li
within IIMJ Italian miles of the coiists. From the pi«iod of the e.\istcnoe nf tin; riiited Stales a< an
inde]icn(lcnt nation, their vessels liave freely navigated those seas, and the right In navicale llieiii is a
part nf that independence.
■With regard to the suggestion that (he liussian tloveniment might have juslilled the exeici.se of
.sovereignty over the I'acifie Ocean as a dnse sea, liecaiise it claims territory linth nn its Anieiicaii alul
A.siatic shores, it may sutlice to say that the distance fnnii sliiav In shore on this sim. in latitude "il
north, is not less than 'M) degrees of hingitude, or 4,iiOO miles.
As little can the I'niled States accede lo the justice of the lea.son assigned for the pniliibiiinii
above mentioned. The right of the citizens of the I'liitcd States lo Imld coninien.-e wilh the aborigiii.il
natives of the imrtli-west (^last of America, wilhniit the lerrilnrial jurisdictinii of other nations, even in
arni.s and munitions of war, is us clear and indisputable as that of navigating the seas. That right Iia.-
never been cxerei.'-ed in a sjiirit nnfiieiidly to liussia ; and, althniigh general complaints Imw
occasionally been made on the subject nf this coiiimerce by some nf ynur predeces.sors, no specilicgruaiiil
of charge has ever been alleged by them nf any traiisa('tioii in it which llii' United States were, by tlic
ordinary laws and usages of nations, bound either In restrain nr to punish. Had aiiv such idiarge been
made, it would have received the nmst pointed atleiilion of this (iovernmeiit. with the sineeresl ,ili(l
firmest dis|iosition to perlnrm every act and nblieatimi nf jiHlice to ynurs which cniild have bccii
required. I am cnmmanded by thii President of the I'nited Slates lo assure you that this dlsposilinn
will continue to In; enter'ained, together with the enrne.st desire thai the harmonious relations hetwcoii
the two emintvies may be preserved.
l{(dying 11)1(111 the assurance in your iintii of similar dispnsitiniis reciprncally eiiterlaiiicd
Imperial Majesty Inwards the United States, the I'resident is persuaded that the eitizetis nf lliir
will remain iiMninleslcd in the iirnsecutinii nf their hi" till cniiimci'cc. and Ihat im eli'eci uilM
to an interdiction manifestly incninpulibli! with their rights.
I am, iVi .
(Sianed) .KHIN (.MIMA Al',
Mr. Poldim to Mi: Ai/(tiii\
(Extrnct.) _ Washuinlon. Ajm/ 2, 18:!-'.
Ml!. rOI.r.Til .\ re|ilied on the L'nd April I'nllnu.rig, and after again I'lidiiavouriiig to prove flif
title nf lfu.ssia In the imith-wcst coiust of Anieriea. I'rom llehring's Straits to Ihe ."ilst degree of uortli
lutilutle. said :
" In the same manner the great extent nf the I'acilic llccaii at the "ilst degree nf l.'litude canii"!
jnvalidalc llie light wlilcb llu-.-ia may have n| eniisideriici tliat part nl' Ihe ocean as i Inse, Hut a« the
bv Hi-
I'hin
1 iiioii
1.1 .\i
• .jncii
ia i!ii
■"null
M.x
el 11,,'
rc.|,c,
111 lie
Ii.kIiii
I'llilM
'iiiii|iiiMy, tiiki'
]iii.<s(.'ssi(iiis in
ihciriiifs iliiTi'
ic iiilvciilmi'iv
iiiii-it |ii'i'>sin;;
111 Dipliinmtic
lilVcroul l,imi.'s,
r'nrj, ii
ifim:iiv
si'ssioiis ill the
I st (logrce of
if slrait l'> till-
vIu'IkIs all llii-
111 (iliVlTlimrllt
nvi'ri;i;_'iity, iiml
Iv ii^scrtiii',' II-
241
I|M]«'iiiil fiovciiiiiioiil Inn iimI llioii'jlil lit di liil;c inhaiit:!;,'!' ol' llial ii'.;lit. all I'lirllicr disnis^ioii on this
slllijcrt wiuilil hv illll'.
" As to llif riylil. rlainicil for tlir i/ilizt-iis of ilio riiiunl Sliilos of Iniiliiii,' witli llio iialivcs of tlit^
(■(piimrv uf tlio norlli-wf.st noast of Aiufrica, without tlio limits of the JiirisilifMioii Ijcloii^iii;; to
Ii'iis-iia, the liii]ieiial (loviTiiiiii'iil will not i;citaiiily lliink of liniitinLT it, ancl ■^liU lc-< of attackiii',' it
lliclr."
Mr. AilaiHH to Ml-. MitldhkiV:
(Kvliacl.) Ikpni-liiKill i[t' Sliilr. Il'ii.s/,lii,/lr„,.fi'/,, 'J-J. IK^o.
Fl;l>^^ tin' tcnonr of the l'kasi> of the 4lli f lOtlO Sf|p|i'inlifr, l.SL'l.thi' ]jrctiiisioiis of the Iinpi'i-ial
(lov(>inni('iit cxtcnil to 1111 (wcliisive tcrritoiial jiiiisdirlioii fioin the -I'ltli dou'i'i'i; of noitli lalituilc, on
till' A^liitic coast, to the latitiiiliMif ol north on thy wcstoni coast of tin; Aiiioricaii coiitinciit : and
tlii'V a.ssuimi the li^lit of iiilcrdirtinir thr navi;,'atioii ami lishcrv of all other nations to tlio cxtciil of
Inn miles from ihc wluih- of that roa^l.
Tin.' I'niled States eaii admit no |iait of tlii'.^i- clainiti. Tlu'ir rii,'lii of naviiiatirin and of lisliim; is
licrtcet, ami has hei'ii in coiistant oxcrniso from tin; earliest timi's, aftcM' the I'eaee of 17'^-!. throin^hoiit
the whole extent of the Soiitliern Oce.aii, siihjeet only to tin; onliiiary exceptions and exeliisions of the
territorial Jurisdictions, which, so fiiv as Jiiissian ri^dits are eoiicerned, are confined to certain islands
iierlli of the ."lotli dc'ivo of latitinlc. and have no existence on the (Jontineut of America.
iirh 3(t, 1822.
len Muhniiited ti.
(•milatioll of tliP
•ia oil llie north-
]iears to be the
11 cinitiiicnt, 1ml
lis ('laini is now
an','elsU and tile
1 the same 'lati'-
to the Jiii'-siini-
iiow the latitude
lias <,dveii tlie
ritorial ri:_dit, Imi
tatci, 1o aliproaeli
iiited States a< all
avi'.;ate them is ;i
i.'d the i'xeici,<eiif
its Amerii'aii aiul
:a. ill latitude "d
or the iprHhihiiieii
,ilh the aliori^iiiial
•r nations, even in
s. That ri.ijhl ha-
coniiilaints liiwi'
, iiosiH'cilicj^ruiniil
lates were, hy th''
■ such chnr};e hccii
1 the siiieere-t and
uaild Inn-e heoli
at this dispositicin
I relations lietwei'ii
■ntertaim d hv Hi-
izeiis of this I'liien
• lied will he 'jivi'll
IMS \li.\M>
oiirint; to prove Ihf
1st (h'l^rci! of north
! of l.ititude caiili"'
) (.hwe. Hut as ih'
.\T the fourth ('miferciice which iircct-ded the ^ij,'nutnre of the Treaty of the 5th (17th) Ajiril,
ISJt, ,Mr. Middleton, the I'liited States' IJopre.sentalivc, .snhmitted to (.'uunt Nusselrode the follow iiii;
pajier: —
"(TniiLslatioii.)
■'Tlie dominion cannot he ac,|iiircd hiii hy a real oreiipaliiHi and po.sses-ion, and an intenlion
(' aiiiiuus ')lo e-lalilish it is hy no means snOicient.
" Now, it is clear, accordiin.,' to the hicts estahlished, that neither Kiis'^ia nor any otlier Kiiro]ie4m
I'ouir has the right of dominion upon the continent of Ann.iica lietween the ."aitli ami (jiltli degrr.'cs of
imitli latitude.
■ SI ill less has she the dominion of the adjai cut maritime teirit'ay.ur of the sea which washes these
ei'asls. a doiniiiion which is only aecessoiy to the territorial dominion.
"Therehire she has not the riylit of exclusion or of admi-sinii i.n these coa-^ts. nor in these -icas,
wiiieli are free seas.
'■ The ri.Ljhl of iiavij^atim; all the free .-^eas hidoiiLis, hy natural law , to e\ cry indepiudiail nation, and
even cotistitntes an es.sential part of this independem e.
" The I'nitcd Slates have I'Xerciscd navigation in the ,^ea-, and coniinerce iipiai llie coasts ahuve
laiiitioni'd, from the lime of their inilepeiidence ; and they have it jierfect right to this navigation and
to this commerce, mid they can only he de]irived of it hy their ■iwti net or hy a Convention."
Kilracl from Voiirnifion ij' Ajinl o (17). 1824.
.\I;TI(jI,K I. It isngreed that, in any part of the L'rcat ocean, commonly called the I'licilic tJcean or
Siiiilh Sea, the respective citizens or sulijcct.s of the Jligli t.'ontracting Towers shall he neither dis-
lurheil nor restrained, either in navigation or in llshing.or in the jiower of resorting' to the c'oasts, upon
piiiiils which may not alii'ady liavi; heeti (iccii|)ied, hir the purpose of trading with the natives, saving
id\<ays the reslrictiolis and conditioi' .IctrTiniiied hy the hdlowing Artii'les.
.\rt. II. With a view id' preventing the right.s of navigation ami of li.-hiiig exercised upuntin'
glial ocean hy the cili/en.s and snhjccts of the lligh t.'ontracting I'ic.vers from hecianing the ]irelexl lor
all illicit trade, it i.s agiecil that the citizens of the I'liited States shall not resort to any point wlnre
ilieie is a Russian estaldishment, without the |ierniissioii of the tiovernor or I 'oniniander : and that,
n'cipo'iiilly, the snhjecls of llnssia shall not resort, without perniis.sion, to an\ esiahlishmeiit of the
I iiiteil Slates upon the north-west con ..
.\rl. III. It is moreover agreed that, heiealler, there sliall not he fninnd hv the citiz. ii' i.f the
I'lui'd Stales, or under the authority of the said Stales, any estahlishment upon the noilh-wi-l mast
el .\iiierica. nor in any of the islands ad|aceiil, to the north of ."■-l^ dll' I'f nurtli latitude . and thai,
HI llie same manlier, there shall I'c none loinied hy l.'u-siaii -uliiecis. or under the authority ol Itiissia,
■"lulh o| ihi. same )iarallel.
.Ul. IV. 1 1 is nevi rllieli'ss iindersi I ihal, during a tcrni of U:n ycai~. counting Ire in ihe signature.
"I llie present (.■onventioii, ihc ship- o| hilli Towers, or which luloiig to their citiztMis or siilijecUs,
ri'speiiivi'ly, may reciprocally frenncnl. williout any hindrance whatevei. the interior seas, gull's,
luilhoiirs, iind creeks upon the coast mentioned in the preceding .\rlicle. lor ilie purpose of lishing and
Hading with the natives of the louiiln.
Mr. /■'",:ylli t„ .\li: Ihilln^.
!^ii, Jhjiiirlmuit o/X/k/i, \]'<isI,,i\;iIoii. .IA'// 4. 1H.'!7.
I hTililil'.T to li.i\e occasion so sm,n .igain to adwn to a suhjccl coimecled with the claims of thi'
Tiiiled Sillies to the riudit of Iradiiig wilh the naiiM's o| the lountiy, and of lishing on Ihe north-we.^t
128]
•1 1
242
cnast of Ihi-^ I'liiitiiii-iil, Ymm will immci'IVO fVoiii ii jptTMsul nf llio iic(oiii|iaiiyiii,u jpapcrs lliut the.
i'X|>ii';U 1(111 II!
r Ilic IVlli Artitlc iif llii- C
111' ^H■>■^ with I!
Mill iirilikclv ti) lin iiUi'iiilul
wiili (lilili iillii's III imr cili/ciis fiviiiicnlitiL; lliat foast, in |iiii-siiit nf lawt'iil iilijcits. Tlie leiiiliii;^
t'l'iiliiirs 111 Oic casr, to wliitli ymil' altcntinii is now iiivitcil (tlm iiarliriilar^; ul' wliirli an- iiiiiiii I'lilly
liclailcil ill llic iiicliiscil pii|)V III' a k'ltiT, ilali'il llic 2-itli Nnvriiilicr lasl, rriiiii .1. ( '. .Iiini's, Cunsiil nf ihe
I'liilril .Stales al liic S.iiiihvirli Islamls, In this 1 l>'|iartiiii'iil, ami ul' tin- jiiiitcsl luwlilrli it lorcis), iiie
as I'lillnvvs : —
Tlif ,\!iu'iii.'aii lniu'" f.uvinl," liliiiii, inastiir, sailed I'ruin the |iiiit nl'Oalni mi ihe liL'inl Anu'iist last,
linnml to the north-west coasi ul' America, I'or the |iiniiiisc of ]iiuiiniiiu provisiuiis, ami aNo Imliaus to
hum I'or sea-olter on the saiil euast. It apiieais thai she niaile tiie laiul ealleil Furrester's Islanil on llio
1-kh Se|itemlier I'ollowiiiu'. ami on the lulli anehouil in the harhoiir of 'I'lieKessaii, laliluile 'i I "i.'/
mirlli. ami lom;itmle l:!-' :jo' west; thai on the ISlh a liiissian armeil hrij; arriveil in the harlnair (i[
Tale>l;ey, laiitiule "il I.V north, ami lon^itiiile IMl.' "iu' west : that mi the siiceeeilin,^' day the
■' l.uriiil " was lioarded hy ollieeis I'nim llie Ullssian hrii:, >vlio orden'd tlie eaiilain ol' the Aineiii'iiii
vessel til leave the dumiiUdiis uf His Maje-ity the Kin|ieiiir of lliissia ; thai ('ii]ilaiii llliiin then re|iiiir('il
on liuard the Kassian hri;,'. where the same orders were re,ie.ited tii him liy the Cmninamler ; that mi
the "illth and LMrd days ul' the same nio.ith these orders were reiterated ; that un the :J.''ilh Ihe '• [.mini '
was lioardiMl liy two armed lio.its from the liussian \<v'v^. and diieeled lu L;el nnder way and proeeoil
tu the hailiour ul' Tateskey ; th.it mi the L'Ttli the aimed lioats a.L;ain Imarded the AtneriiMli lirij,', imd
eom|ielled the e.i|ilaiii tu |irui'eed to Taleslcey ; that when oil' that plaee, the weallier lieiii',' threateiiiii;,',
perinis-iiun was asked ul'the IJiissiaii ('ummamler to enter Ihe liarlnuir with the " I/iriiil," wliieli rei|itcst
was ileiileil
111(1 Capl
inn was a''aiii ordered to leave the waters ul Kis Imperial .\Iajest
th.it Captain rdiiiii, hrim; )irevented rroin |ivurariii^ supplies or iieeessa
ulitainin,' any Indians il'ur the purpose ol' liniiliie,' sea-utte
as linallv
and return lo the .Sanilwieh Islands, whe
|esty ; .".ml
lies for his vessel, mid friiiii
id lo .iliandoii his viiya;,'e
arrived un the 1st N'oveniher ul' tlie same year
Tim liarlionis desi;,'iiated in (.'aptiin I'llinn's protest liy the names of Tiiekessiiii anil. Taleskev an
not laid down mi any Mali to wliiidi 1 have rel'ened, and th-.i Denarlmenl has nu knowied;:;,. uf miy
j;
stalilis
atitiide
limi'iits haviiij; oeeii
formed on the north-west coast
iaeeiil islands in or aliont llid
'11 fir lliese plaees. Il will, therefore, he proper lu ascerlain whether there are, in I'.ut,
liiis-^ian .Settlements at llii! )ioiiils desi^iialeil, ami, il'su, yoti are authori/.ed lo make a rejiresenlatioii of
the whole stilijeet lu IHs Imperial Majesty's (loveinment. eomiilainini; of ihe proi.eedin^s in relatimi to
the " I.iriot," whiel ar.' supposed to have lieen nnaiithorizedly inslii.':ileil hy the IJus^ian .Amerieaii l-'tir
( 'iimpaiiy, and statin;
that tliu I'residenl eaiinot liiit rejard this aet as one uf a most unlrieiullv
laiael.'V, as tin
ited Stall's have Ir
ltd nil iillieial iir 'it her milire uf thu exi.Stcnee of such eslalilisli-
meiits, and have nut, altliuu'^!! an ap]ilii'alimi has Imij; siiiee heeii made fur them, ever lieeii fiirnislu'il
liy Ihe Ii'iissian (luveiiimenl with liie !!e;,'ulatiuns, eonseipienl mi the expiration of Ihe IVlh .Vrtirle iif
the (•
inveiiiiun, prupu-
"I lu 111
iip|il
•d to Am
ssels resortiii'' to Itiissian .Seltlemeiils mi that
!h(
to
(In the oilier hand, should llii'i'e prove to I
tie no iiussia
an estaMislii
at the id
]ilaL'W
meiitimieil, this oatraire on the " l.ori.-t " nssnmes a still viraver aspeet. It is a violation of the ri^lit uf
the la
tizeiis of the rniteil .State
imiiienimiallv exereiseil
and seeitred to Ihem
nations as hy the .'ilipiihitioiis of the 1st Article uf Ihe Cmiveiitiun of ISL'f, to lisli in ll
rc-iiiit In the const fur the prosecnlion of their lawful cmiimeive upon Jioinls nut alread
such, it is the I'lc-idenl s wish tint ymi should remunstrale, in an einiest lull resp.'clfiil tune, a,'aiint
liv the law (if
ml to
As
lu^e seas, a
ilv uicupiei
this
(I
,,'rolMlilless
ivernnieiil fur the
imption of Ihe I'lissian Fur Companv, am
111 from His Impel
M
if the liri;; " l-oriot," for iheir hisses and fur the dama^.'s they
ijestys
sustained, such iinlemiiiliealion a.s niav, on an iiivesliijalioii of the case, he foiiiid to he jiisllv due to
il
ll'IU
[iin. &!■
.iniix Foi;svrii.
,1/r. /■■ic.s////, !,■ Mr. D.illiix.
iFxliacl.i ll'jiiirtiii' !!.> "J >iliil, . irn-iliiirihiii. .\'i 'i /ii'.rc ;!, I.S.'IT.
WITIF relifience to your reniaik-< rci^ardim,,' the ]iruper cuiisirui'tiun of the Convention uf .\pril
IMlid liitween the riiited States anil Itussia, the Isl .Xrticie of llial iiisl runieul is only declaratory "f a
v\'^]\i. which the parties lo it possessed, under the law uf iiatiuiis, wilhuul Cuiiveiil iuiial stiiiulatiiiiis, lo
v.it. lo iia\ iLtiite and lisli in the ocean iijion an iimiceupleil cuilsI, and tu resort tu ^ueh eoasl lor tlii.'
purpose nf traiiilcj v. itii the natives.
No. 1S().
Mr. Eiiuintles In Ilic Miinjiiis of Siili.thiini. — (Hcrfirril .iprll (i.)
My lifird, U'lisliiniit'jn, Mnrrli ■>'■), IHM).
\\ ITir T'ofoi'citci! lo niv dcsptitiili 111' tlic I'Slli iiistiitil, In my lclcL;r.uii of tlio
2.'?f(l iiisftitit, to your Lnivisliiji's tidcui'mn of t-lu^ '2'\\'(\ iiislntit, .'itiil (o my li'lc-
i^'i'.im of llii' stitnc (Itiv. I liiivc, tlir liniioiir lo rc;ioi'l, Ihiil the rroi'liimtition issm'il
on Mil- iirtcviiooti of the 'J'ind insljiiit liy llio I'l'i'siiionl. (l.'rlafiiio- tint, nil |irisims
eiitonii!,' llio waters 111' Hcliriii;4".s Soti williiii tliu (ioiiiiiiii ol' Ilic I'tiitcil Stiiti'S I'or the
M\ !.,
W
Act 1,
lim III
Cmi:;i-i
O
copy 11
licller
|mr|i,>
T
i.s here
1)1' ;i M
"1' ll,(.
Willi, II
Mr, I)
243
V KiiKSVni.
p'.irpnsc of killiiiir riir-I)orii'in:r .■iiiiniMis, r)r nf vidlntiiii? lif^ulntioiis to 1)(> mndo with
rcLr.'ii'il to tlic saliimii (islii'iics ol' A!.•l^Ka, slinll ln' ;irr('-.t('(l iiiid their vessels, A:c., seized,
li;i! been issued on tlic jiower <!;iven to liiiii i)_v tlie " Aet to ]):(i\ide joi- liie |)i()te('tioil
(il'tlie smIiiioii lisiiei'ies in Alnskii.'
('o|i\ ol' this Act w;is incdosed in my de>.|)iiieh ol' the isth instnnl. inid \\;is one of
the I;!--! Acts \\iii(dl \v;is passed in tiie (dosini; hours of t'on'J:i("-s.
'{'lie iiill oiiuinated in tlie Senate where it was passed, altei' lia\inu' i'l'en rediK'cd
to sections I and 'J, of tin- pi'esi lit Act, and in that condition sent to the lioiisi'.
At that time lliere was helere tlw House anol iier liill of similar inip(/rl, \\ hiidi had
lieen referred hacd\ from the Coniniittee ol .Meichant .Mai-iiie and J'islieries. and was
uaitiiin' to l'(! rca<dicd.
A\'lieii the Si'iiate Hill came up hefiirr the Ijonse >^ection .■> was added to it as all
■niiiendmeni, ul!i<di amendment the House inlended to taKc tiie jilace nl iheir iiiil. tlio
jJiissiiiL;' iif \\lii(di was evi(leiitl\ im])ossihle on Jiccount of want i.l time, 'lie Scnattf
refused to accept the Hoii.'C anicnihncnt. and the lilll \\as; rdinv;l\ lefcrrcd to a
Conrcri'iice, the result el' Avhosc acli<m was iis acceptance at ihe la>l liour l>y liotli
Houses. I am told that the {'resident's approval and siunature were really only
(ihtainc(l on Sunday, the lird instant, hut as that day is nid a lci;al day, the apjiroval is
dateil the L'nd instant .
liike many other Acts, i! was huiaicd thi'ouuh the LcLiislature in its last hours
«ithnut any hut i's innnediate insi i^iators havinir any knowledu'cof its scope or even of
its clVcct, and then- can he no douht hut that the j louse am nilnu'nt to thi' Senate Mill,
that is to say, section ."!, has heeii tin' work of those interc-teil in the Alaska I'ur-seal
Company.
'I'hc ['resident has lost no tinu' in makiuLr use of the authoia'ty it has i;i\en him,
liy issuinu' the I'roclaniaticiU whi(di appi'ared yesterday, one of the ohjecls of whicdi is
to a '4a in assert the (da im of the United ^tates to dominion over the Hcduiniv's Sea, whi(di
claim the I'nitcd States' (io\crnnM'nt <lenied when it was put lorward liy the liussian
(Idvcrnmcnt hy the imperial l.'kasc of the 1 Ith Cliith) Se|itcinlier, l^s^l.
The l'ro(daination may also deter American and Canadian iishernu'n from
riiU'a'-MiiLr in seal lishinu; in tlii' open waters of the licdiriuii's Sea this season.
Section 11).'>() of tho Uevised Statutes provides for the puidshment nf [x-rsons
killinu' fnrdiearint,' animals without the authorization of the Secretary of the Treasury
(the t.akiiiijof seals heini; still further restricted) •' within tlui limits of Alaska 'rorritory,
or in the waters thereof."
Si'ction ;5 of the Act of the L'nd Mandi. T^si), exlemls se<'tion l'.)."i(! to '• all tho
donnnion of the I'nitcd Stales in the walers of the HcdiriuLr's ^c.i.' . "Ij
It may eonsei|nently he ilcu^-ht that the l'ro(dam;iti'iii I'ollouinir upon the Act is
an aliempt to settle .an international (iiu'siion. w hicdi, douht Ic^s, diher l.'owers may still
('t)Msider an open (uie.
1 liavc, JVC.
(Si-ued) 11. (i. i;i)\v.\i:i)i;s.
Xo. Js7.
My. EtI utndes to tlic Maiijiiis of Siilixliiiri).—~{l!rrrii(-il .l/iril .').)
My l.m-il, U'lisliiiKjtioi. Mnrrli I'.'i, 1 SS'.).
\\ ri'll nd'erence tn tny despatch of the istli instant, inclosint;- a copy of the
,\rl Id pro\ide tor the in-oteclion of the sdmon lisheri<'s of Alaska. I li:;ve now
the hnnoni' to report in detail the course of tl.is Act thrnuuli the two Housivs iu
Congress.
On the li.")tli {''ehniary, Mr. Stockhridi^e. Senator hu' .Michiuan, introiluced a Kill,
ciipy inclised, to amend section IUIi;i of the Uciised Statutes, and to pi'ovidc for tho
lii'llcr ])rotccti()n of the fur seals .and salmon lishei'ies of Alaska, and for other
purposes, whiidi was read twice and referred to tln> ("ommittce on T'lslu'ries.
'I'lie Mill was repiii'ieil hick hy .\| r. Stnckhi idue a fi'w da\ s later, copy of Kep(n-t
is liiaew illi incdo.se.l, the Commiltcc havini;' recomnu'nded an ameiuhnent In the nature
of a Md)s|itute. The whole Mill as anu'iidcd then consisted solclyof sections I and 2
<|f the Act as ultimately p.asscd, and iu that slate il was passed hy the Senate, ainiost;
without discussion.
Tlie Mill WHS tiien l)ronn;ht up heHnc the House, ;iml an amenilincnl w;is olVerod
Mr. Dunn, wliitdi added ;i .section li. 'I'lie amendment ran as follows : —
[l:'8] '1 I '>
2U
" .Section 8. Tliiit section I'Jjd oi' tlic llcviscd Statutes ol' tlm United States w;w
iutciKleil to include and a|)|)ly, and is lien-liy declared to include and apply, to all the
■n-atei's in Helirintf's S(!a in Alaska eniliraciul within the i)onndary lines mentioned
and descrihed in the Treaty with liussia, dati-d ;$Otli ]\Iarcli, a.d. ls()7, hy which the
'J'errilory ot' Alaska was ceiled to the Iniled States; and it shall he Ihe duly of the
{.'resident at :v timely season in each year to issue his I'l'oelaniatiou. and (;aus(! tin' sanii;
to he puhlislied I'ur one month in at least one newspaper puhlished at <'ac]i I'nited
States' |)(irt of entry on llie I'acilie coast, waniiuL;' all persons a'^ainst cnterini,' said
tei'ritory and waters for the pur|)ose of violatiim' Ihe ]M'f)visions of said section ; and lie
shall also cause one or more vessels of the United .States to dilii,'eMth' cruize said
waters, and arrest all persons and seize all vt'sscls I'ound to he. or to have heon,
onuaired in any violation of the Laws of the L'inI.ed States therein :" and, after an
explanation that the ohject of the amendment was sohdy the ])reservation of seals
from oxierminalion, was jJMssed. When the Uill (^anie Lack to the Senate, the IFouse
anieiidnii'ut ahove cited was disaLcreed to ; the ohjection heiui; made that the amend-
ment touched upon tl'.e (|ueslion of the riLj'hIs of the (iovernment of the I'niled Stales.
These, it was maintaineil hy Senator .M(ir'.;an, had not heen considered, or intended lo
})e considered, in the orininal Senate Hill, and tliero w;is now no time to consider a
(|iiestioii of such importance. A (^)iifi'i'ence of lli(! two Houses was conse<pu!nlly
called, which aLjn'cd to recommend the ail.oplion of tiie Uili, with an ;uneudment
run. as follows : —
•■That section l'.l.";i of the llevised St;itiit(!s of the United States is henihy
deidared to iiudude ansl a])])ly to all the dominion of the United Stat(!s in the waters
of J5ehi-inL;'s Sea; and it shall lie the drdy of th(! President, at ,i timcdy season in
each year, to issue his rroclamaliou, and cause the same to l)o puhlished for one month
in at lea>l one ne\\spa])er if any such there he ])ul)lished .at each United Suites' port
of entry on the I'acilie e )asl, warning' all persons ayainst cnlerintr said walers i'or the
purpose of violalinu' Ihe ])rovisi(ms of said seclicni; .and he shall also cause one or
iuore vessels of the I'niled Slates to diliLfcntly cruize said waters, and arrest all
persons and seize all vessels found to lie, oi- lo have heen, engay;ed in any violation of
the JiaAvs of the United Stales therein."
In this shajie the Bill was nltimalely a(M'(.'pted hy both Houses, the Couferrecs
from llie Houses reeoijnizin!:; that there was no timc^ to allow of the discussion and
passaire of another Hill of similar imporl iulroduced into the if()us(> hy Mr. Dimii,
The ;ip]miv.i) ,-ind si^-nature hy the J'residcnl were obtained on llu; last day of the
Session.
I''urlher copies ol' Ihe Ad .are hereA\iili inclosed, tog'ether uilli Ihe full report iil
till' proeeedinus laken from the Coiu^'ressioiial liecord.
1 have, iVc.
(Bigued)
II. G. EDWAKDES.
luclosure 1 in No. 187.
.'lOTif CoNGiiEss, :J.\u Skction. — S. .S91);5.
Iv rm; S!;v.\ti: of 'iiie I.'niikd Si'.\-|'i;s.
Tcbruaiy 25, IHS'J.
Mr. .Stockhi'iilirc introduced the followini,' liill: which w.as re;iil twice and rolerred to
the Commillee on l'"islitrios.
A Hill lo iimvnd Srrlinn HKi.') of tin' Rrvispil Slofnles-, aurl lo j/rnriilc fur Ihe lir/lrr I'lnlcrliim
'if III'' Fur Infills II 11(1 Siiliii'iii l'"isli(-rii:s if .lliiskn, iind for oilier Purjin.sef.
I?1j il enacted, by the Senate and House of Uepresenlalivcs id' the Uiuted Sfatos'
of Aniei'ica in Con^^icss .assembled: that section T.iti.'J of Ihe Kevised Slalutes of llu'
United Stales he amended so as lo read as follows: —
" Section I'.KJ:}. Within one yisar ])rior to the time wbon Ihe h'ase heretofore! raiulo
Ly Ihe Secrelary of tin? Treasury to the Alaska Conunendal (JomjKUiy, of tlu; rii^ht l(i
euu'au'c in lakiiiu' fur seals on tlu; islands of St. I'anl ami St. ( ie<n-^e, ])ursuanl, to tlif
Act of tlse Jst .1 uly, 1^*70, <"ip. ISO, or when an\ future similar lease expires, or is
surrendered, forfeited, or tei'minatcnl, the Seia'clary of the Treasury shall lease In
245
|ir(i|)('i" niid rcspoiisililc pnrtios, for tliclx'st iulviiutiii;(> (if t,li(! Unitctl States, lla^•^ng dun
ri'Lraril to tin' irilcrcsts of llic (irivornmciit, tlii' iiativo inhabitants, thoir comfort,
niniiitiMianccs and cdiicatioii, as well as to tlie iiitcnists of the parties lii;retol'oro
(■iii.Mt,'ed ill tlie Iradc and the jiroteetion ol' Ilic iislieries, Die ri^'lit of talvin;^ I'lir seals
(111 the islands licrcin nnnicd, and of sendini,' a vessid or vessels to the islands for the
skins of siieh seals, for the term of twenty years, at an annual rental of not less than
fld.i/OO dollars, to be reserv(>d in such lease and secured by a dejiosit of United States'
!,(iiiils to thai amount ; and tlie additional sum of not less than IJ dol. 50 e. for each
fur M'al-skin taken and shipped from the islands oC St. I'anl and St. tieorge duriui; the
ciiiitiMUance of any lease, to lie ))aid into the Treasury of the United States, and every
such lease shall be" duly exeeuteil in dnplicale, :ind shall not be transferable; and the
Secretary of the 'IVeasnry is (Mupowercd to mal\(! all needful rei;-ulMtions for the
eullcclion and payment of (he saii'.e, and to secure the comfort, maintenance, education,
iiiid protection of the natives of those islands, and also to carry info i'liU cll'cct all the
piMvisions of this cha])ter, cxcejit as otiierwise prescribed. And he shall i;i\c at least
sixty days' notice of the letting of said lease, by )iublieatiou in at h.'ast one daily paper
imhlished in the cities of 15oston, New ^'ork, I'hiladelphia, llilfimore, Washington,
('liicai;o, New Orleans, St. f/ouis, and Sail i'rancisco, inviting bids for the same."
Sec. -2. That section VX>() of the J'eviscd Statut(.'s (if the United States was
iiilciided to in(diid(! anil apply, and is hereby declared 1o iiuditde and aiiply, to all thc
wali'Vs of Keliriiig's Sea in Alaska embraced within tlu; boundary lines inenlioued and
th Russia. da((>d :;i)lli :\l:ir(li, \.ii TSCT, bv Avhicli (he
I'ibcd In (hi' 'rrea(v wi
I'ci rid irv of Alaska was ceded to (he rnited States ; and i(
dl be the dutv of (ho
I'l'esident, at a timely season in eaidi year, to issue his I'roclamalioi. and cause the
sniiie (o lie jmblishod for one Jiionth in a( least one )iewspaper published at each
I'liitcil States' port of entry on the Patdlic coast, warning all jiersons against entering
s;iiil (ervitory and waters for the ])urpose of violalim^ the provisiims of said seetiim;
mill he shall also cause one or more vess(ds of the L uitcd States to diligently cruize
siiiil waters, and arrest all persons, and seize all vessels found to be, or to have been,
I'liLtau'ed in anv violation of the 1,'iws of the United S(a(es therein.
Sci
Thai section I'.Xi'.t of (Ik- licvised Statutes of the Unified S(a(es bi
(I
the siinie is hereby, repealed.
Sec. 1. 'That the erection of dams, barricades, or odier obstructions in any of
(lie rivers of Alaska, with (he purpose or result of prevendiig or im[)ciling the ascent
of salmon or oilier anndromoiis s])eeies to their sjiawning grounds, is hereby declared
to he unlawful, and the S(!cretary of (he Treasury is hereby authorized and directed to
ostnhlish such rvcgulations and surveillance as maj' be necessary (o insure (hat this
iidhibidon is s(ric(ly enfor''ed; and every jierson who shall be found guilty of a
I"
violation of tli(> ]ir()visions of (his sec(ion shall be lined not less (ban L'.'iO dolhi
each dav of the continuance of such obstriicii'in.
'I'hal the Commissioner of
l"ish
Kish
IS heriMiy emp
d and
(lirced'd io institute an invest iu:ation into (he habits, abundance, and distribution of
tl
le s.'umoii III
Alas
iif ri
as well as (hi
Avith a view
iii'C(!ssary to prev
]iresciit conditions and metlioi
lis of (he lisiieries,
imeiulim;' to CouLtress such additional legislation
as mav hi
;n( (h
le impairinen
( or exhausti
if these valuable fisheries, and
III
them under regular and piTinauent conditions- of producti
md rijferred (o
Inelosurc '2 In No. Is7.
'lOiai CoNGKKSs, 2nj> SiissniN. — Hki'out No. 2GS7.
Iv Tin; Si;natio of tiuc UxiTrn Stati-.s.
I'eijruary '2~, 1S8'.). — Ordered (o hi; priided
Air. Stoekhridge, from tin; Cominittce <ui I'ish and .Fisheries, submittel the following
l^r/mil (To (iironipdiin Bill S. 3993).
Tilt; t'ommiilec on J'^isli and .Fisheries, to whom was referred the Kill (S. ;'.!)!)3)
(ii amend .section l'M>'\ of (Ik; licvisinl S(a(utes, and to jirovide for (he better protection
of the fur seals and salmim fisheries of Alaska, and for other purposes, beg leave (o
'iller a snbstitute therefor, togcMier ;vi(h the accompanying l»eport : •
2M')
Salmon of (lillin'cnt specie^ ;ii'(> a1)iin(l(iiitly dislrihiitcd to ;i!i the wiitcrs ol" Alaska
from liiitish Colombia to Nrntoit Sound. 'I'lic "ji'i'iitcv portion ol' their lilc is s|)CMt. in
saltwater. 'Iliey enter tlie rivers mainly for the piirixjse of reprodnetion, and it is
there that tliey lieeome the olijeelol' pnrsnit and capture. Tlu' sjjawniiu^ i^rouuds an;
on the u;r;.velly Ix'ds at the sources of the rivers.
Any olistruetions pl.aeed in the rivers 'wliicli wholly or in consideralilc me.'isuro
prevent them I'roui rearliini;' tln-ir sjiawniui; ui'ounds will in a very short period of
time result in the dislrueliou of valuable lisiierie^, w hieh under judicious rcLiulaliciii
and restraint are a source of coniinuiiii,' wealth and product ion lo the iidialiitantsof tho
territory. L'[) to the present time one river only, the Korluk, on I he Island of Jvoiliak,
lias been scuiously ohslructed hy the use of (hiiiis or harrii'adcs to arri'st tlu; ascent
of salmon. This stream, hardly 21) miles loni;', yi(dded duriui;' the season of 18S8
salmon to the value of l,"i()it,(>iH) dollais. 'I'liis extraordinary (jroductiou has heen at
tlu; C(jst of jiernianeace, .and s!u)uld the use of dams and hai'ricades Ik; continueil
several ycais louLrer, the Ivorluk will cease to he ,a sahnon river.
The marvidlous profits reaped liy the caniu'rs on the Ivorluk iiiver in l^^SS lias
stimulated enterprise all nloni; the west eoasl.and niuueroiis expeditious are being
now litteil out for tin; purpnse of enua^'inir in tlu; sahnon llsherie< of Alaska the
present season. Their ohjeetive ))oints ru'e the small sli'cams. wliieli can he readily
olistruetcil hv dams or other harriers, and it is certain that, in the absence of restrainitii,'
lejrislation, this nu-ans of enhaneiuL;- profits will he I'esorli'd to without scruple, and
without icLiard to the fact that such methods i,'euer;illy pursued will result in tlio
destruction id' the salmon fisheries of the ti'rritorv.
Inclosure I! in No. 1^7.
.(n Act lo jirnviilr fur llw I'rnlcrlin'i of I lit' Sdliii'jii I'i.'i/icrifx of Aldnka.
|S(>e liudosurein No. IS!?.]
1 uclosure t in No. I'iT.
S iliiion Fishcrirs of Alii.tka.
Mr. Sinrlchrlflfjc. — I am direc ted by the ('on\niiltee on {'"isheries. to whoni w.ts
referred the JiiU "(S. .",'.)'.):!) to amend section \'.H>.', of the Revised Sl.alutes, and to
provide for the better ))rotection of the fur seals and silmon fisheries of Alaska, and
for other purposes, to report it with an ameu(huent in tlu; nature of a substitute. It
is a short Hill, and ii very important cue to (he fisheries of Alaska. It is very stroni,'ly
urged by the I'isli Cominissionei. I ask for the ])resent consideration of the Jiill.
The Piisidcnt, pro ti'iniwr/.—'^'Uv Senator from MicdiiLfan asks unanimous cinseiit
that the Jiill re|)orled by him may be now considered. It v. ill be rr'ad at leiu^th for
iuforn'iation.
'J'hi' Jiill was read.
The amendnient rejiorted by the Conuiiiltt;e on Fisheries was to strik(M)ut ;ill after
the enactini; (daiise, and insert : —
" That the erecdioii of dams, barricadi's, civ other obstruct ions in any of the rivers
of Alaska, with the [uirpose or result (d' jireviuitin^' or impediuir the ascent fif salmon
or other auadromous creatures to their spaunini^ i;r.)unds, is liei(;hy detrlared to he
unlawful; and the Secretary of the Treasury is hereby authorized and directed te
establish such I!c!;ulati(jns ai:d surveill,ane(> as may be necess.ary to iiistire that this
prohil)iti(JU i'- strictly eiifor(;ed, and to otherwise ]u'otect the salmon llsherii's of Alaska;
and every jiei sin u ho shall be found ijuilty of a violation of the provisions of this
S(;ctioii shall be line 1 not less than 2.'iO dollars for e.ach day of the continu.ance of siidi
()bstructi(ni.
Sec. 2. 'I'liat the ( 'ouiniissioner of i'ish and fisheries is hereby empowia'ed ami
directi'd to insliiute an invest iyation inio the habils, abundance, , and distribution of
the salmon of Alaska, as well as theprcMMit conditions and mellioils of the lidi(a'i.s,
with a view of recomiuendin;; to Congress M\r\\ additional le;ii-;l;iti"n as may hn
necessary to ])i-event the iinpairineiit or exhaustion of these valn.able lisheri(;s, and
phujins,' them under rci^ular and permanent conditions of [)rodiietion." ■ -i
15y unanimous eonseiit, the Senate, as in (,'oiuniitlee ni tlu; wh')l(<, proceeded to
consider the iiiU.
247
The Prcsidenl, pro leinpore.— The ([ucstion is on agreeing to the .amendment reported
l)v llii^ Coiiwiiitti'i' on Fislicrii's.
Tlii; jiiiii'iKlnicnl was a'^n-cil to.
riic liili «iis r(!]K)ilc(l to tlic Sciinto as fimcndcil. ami tlic amendment was
coiiciin-('(l ill.
The iiill was onlci'ci] to hi' cngrossrd I'or a tiiii'd reading, n.'ad the tliii'd time, and
[IIISSCll.
Mr. Diiiiis. — 'I'iic title should tie aiuiMidcd. I call Ihi? attention t)f (lie Senator
Inmi M ichiican to llu? fact that the Kill doe-; not relate to the I'ur seals as amended.
Mr. Sl()rlcl)ii(l(/r. — y,u, Sir; it relate-, to the salmon lisheries of Alaska. The title
sliniilil he ;inieiuled.
The title was ;iineiuled so as 1o read : " A Itill to je'iivide for the I'l'oteelicei of the
Salmon I'isheries ol' Alaska."
.\//-. I'liill.-' Does the section ol' the Uevised .Statutes which is referred to relate to
BJiliiiiiii lisheries r
^[r. ■■■:iirl.liii(liji:~ \'es, Sir.
.Mr. Sinriirl — 1 should lik(! to have the Jiill lie over, so that f may look at it. I
(imiot know tiial I shall w;int to o'oject to it after I evamine it.
The Pri'siilfiil, pro li'iiijiuri'. — The Senator from Nevada movi's to reccinsider the
vote hy which the Senate passed the i'ill.
Mr. i)airi:i. — I wish to say to the Senator from Nev.-ida that unless the liill go(!,s
to the other hianeli immediately it will hi- entirely iiseli'ss. It is the result of an
ii;vi'stiL,ritioii ol a Committee in tlieoth •!■ hi-iiieh with I'efer.Mice ti the salmon tis'.ieries
(iiilv. It has nothing to do with tlie fur-seal fisheries.
Mr. Sli'iittrt. — I will enter a motion to reconsidiM' and look ,'it il.
V'/ic /^v'.s/(/(vi/,/yro /rm/K/zv'.— The .S^-nalor from Ne\.'ida enters a motion to re(;oiisider
the \()le hy whicii the liili was p.assed.
Mr. S iinirt siihsc(|uenf ly said: I should like to wiilidiaw my motion to reconsider
the Hill in n'gard to the salinoe. lisheries of Alasl^a.
Till' I'rfsidrii/. jiri) Ifiii/inri-.- -\s \\\t-\r rihjection'r The t'hair hears none, .and the
motion tn reconsider is withdrawn. The liill stands jiassed.
SiihiKin h^i.':lirrifs nf Ahiska.
The i^iiriihcr also laid hel'ore the House.' the JSill (S. '.'>\)'Xi) to jirovide for the
protection of the salmon lisheries of Alask;i.
Mr. Dunn. — Mr. Spiakcr, the provisions of Ihtil IJill are contained in a Hill
ropoited nnaninionsly from the Committee on Merchant ..Marine and Fishiries. It is
ail ciiieri;-ency Hill, necessary lor the iiresci'vation of the salmon lisheries of Alaska,
aiiil I ask unanimous consent that it he now considered. It contains nothing elsi; hut
the necessary mi'.'isiircs for the protection of these important lisheries.
The ^/iriilccr. — TIk' liill which the u-enlicman from Arkansas says has been
report eil from the Com in it tee on .Merciiant .\lariiii' ami t'isheric.'s has hcen I'cad already
ill the House, and unless there he a demand for the reading of the Senate liill, the
out .'ill after ^1 readiiu' will he dispensed with.
Then! was no ohjection.
Mr. Amicnon, of .Kansas. — Is this the Bill that makes the lease to (he Fislieiicg
C'liiipany ?
.Mr. Diiiiii. — No; this is a dilh'rent Hill. 1 shall report that from the Cummittce,
ami u'ive the House aniiile op]icirtunity to eoiisiiler it hcii'after. This i.s a Senate Mill,
iWiii'h reliites simply to the salmon li-ilu-ries. It is iiientie.al with sections t and it of
the House liill, proliiliitiiig the erection of dams or other ohstrnctimis in the rivers of
AliisKa which pr<'\ciil the salmon from aseeadiiiL;- to their spawning grounds.
Tnr .•ipcnhfr. — Is there ohjection to the present consideration of the jiill ?
There was no ohjectiou.
Mr. Diiiiti. — 1 oiler an amendment wliieh relates also to the jircservation of Iho
herd of seals, and 1 ask the previous (luestion njion the liill and ameiidment.
Mr. IliijiiK. -I reserve! the right to ohject.
'/'//(' .S/jfY/Av;-.— The aniendmcnt will he read.
The Clerk read as follows:- -
"Section ;i. That section 1 '.),)> of the Itevised Statutes of the rniled Stites was
iiileiided to iiu'luile .-ir.d apply, and is lierehy declare. I to include and a])ply. to all tlii*
w;itrr.> of Jichring's Sea in Alaska eiuhrae<'d w.ii'in tiie houiidai'v lines liieiuioneo and
248
desprilH'il h\ ihc Troiity Avitli I'ussiii, diitcd (lu; 'VHh ^Iiircli, a.m. ISCiT. Ky wliirli Ihc
Torriloi'v of Alaska was iumIciI to llic I'liilcd Stati's ; and it sliall lie tin- duly of tlic
Prcsidciil, at a timolv season in oiu:h year, to issue liis rroelaiiiatiipii, and caiisi! tlin
sanii' to hi) ))iil)lisliod for one month in at least one ne\vs|)ai)er piihlislied at eacli
United States' port of entry on the I'aeilie coast, ivariiini^ all jxtsoiis aiiainst entering
said territory and waters for t lie jiurposo of vioiatini;' the provisions of said scetiim;
and h(! shall also cause one or more vess(^ls of Ihi; U^nited States to <lilii;entiy cniizo
said waters, and arrest all persons and seize all vtsssels found to he, or to have heeii,
en;»a!?ed in any violation of tlu^ Laws of the United States therein."
Mr. Taiilht'r. — [ would like to ask the ij^etitleman, in the liL;ht of his exphmatidii,
tbn necessity for this Kesolution at this time.
.A/r. ])iinn. — The necessity is tliat tin; L^encrnl Bill, rejiorti'd hy the ('onimitt"e to
the House, has heen recommitted for the purpose of consideriuL,' certain amendments
relating to the relettint,' of the lease and the lenglh of its term in future, and in the
present condition of the House, it is not at all prohahle that it will receive final con-
sideration in time to pass the Senate. This amendment simply |)rovi(lcs for the
protection to the herd of seals and the salmon until tlu n; can he further leijislalion
of a permanent character.
Mr. Tdiillice. — ])nes it liave the elTect of sendiii:? nj) the vessels nain(>d in tlii>;
amendment as patrols to protect the Company which already has the eontr(il of tlwit
Inisinoss ?
Mr. J)unn. — Not at all. It is to protect the licrd of seals and enforce; the l^aws of
the United States which were enacted in 1^70.
.\fr. Taulliee. — ~\\"hy can not the I'resident do that hy cxistim^ law r
Mr. Diinti. — 'J'hcre has heen a relaxation of the enforcement of the [;aw herefolorc,
so that unauthorized persons have concluded that the (iovernment does not inlcnd
to enforce the Law, and not less that luO vessels are to-day llttinu; out (ou'o to Hehrinuj's
Sea. They will literally cover that sea with unlawful seal-hunters armed with nuns,
and the destruction of seal-lifi' that will take place, and (he fiisilade of tire-arn-.s tlinl
will occur in that sea durinc^ four months of next, summer will driv(; every seal from
it that is not killed in the u;eneral and indiscriminate slauu'htcr. It does not cdiani^f
the Law, hut commands the i'resident of the United States to enlbrct; it.
Mr. Huihaiuin. — And is not this method of ucttini; seals- hy shooting- them in tin;
open sea- -the most wasteful method that coidd he devised, only ahoul one in live
l)( In if recovered r
Mr. Dunn. — Aliout f)ne out of seven is recovered. The time has come when the
(lovi'rnnient nnist eiiforce tlie Laws for the preservation of our herd of seals with
tirinness aiid decision, or sull'er an ahsolute destruction of the herd. The dann'cr is
imminent, and I lio])e no i;'entleinan uillohjeet toil, ll does not iinolvc a dollar ol
cxpendii ure.
It i'i us(;l('ss lo ))rotert the seals oi' the rookeries — tile islands of St. I'aul and St.
(ieolue -::n<l leave I hem to their i';i;e in the waters of Hehriti;^'s Sea. if they are lefl
without proteetion in the sea, there will soon he none lefl'to n'olo the rookeries. (Crirv
of •• \'ote ! " " Vote!")
The amendment was ai,'reed to.
Thi- Hill as amended was ordered to a third readini,'; and it was aecordinL^ly read
the tiiird time, and |)asscd.
Mr. /.»H» mo\ed to reconsider the vote hy whi(;li (he Kill was ])assed ; and mNo
moved that the motion to reconsider he laid on tlic Tahle.
The latter motion was a'Tccd to.
Sulmoa Fisheries of Alaska.
Tlic Prisklint, pro Irmpore. — lleports of Committees are now in order.
Mr. >7(f/Hi«H. — 1 am instru(!t(;d by the ConiniiitiM; on l''oreii;n Kclations to M[)ori
hack thi' 15ill (S. ;iOy;5) to amend section V.HY.i of the iievised Statutes, and to
])rovifle fur the l)(;tter protection of the fur seals and salmon lishcries of Alaska, and
for other ])nr])oses, with the Jlouse amendment, with a n;commendafion that th''
House amendment he disa!,'reed to. 1 asic for its present consideration.
Tlir Pn'.<hlin<i OJ/ircr (Mr. Chae(! in the chair). — Is there ohjection to the prcsi'iit
consideration (.f tin; House am(;n(lment to this Jiill ? The Chair hears none.
The title of the Hill was read.
Tlic Presiding Officer. — Does the Senator wish a Conference ?
2T0
the Jjiiws of
Mr. .S/c 'iiKin. — I iisk ♦lull flic (imcinlmciit ol' the IIouso he disa',TO(Hl to, ami tlion
I ,slii\ll Msk fur (I CoiiiiiiiUi'c of ('oiiri-n-ncc.
'/'/((■ I'rrsldiiKj 0_tiiri'i:~\\, \< m^ivcd hy the Scii.itor from Ohio that the Senate
(lis;i'^r<'i' to fho anii.'iuliiiciit. of the IIoum; ol' |{('|)i'i's('iil;it ivc*;.
Mr. Mniijnn. — lias thi-i I'.ill passed tlu' SciiMtc ?
Mr. Shvrmun. — It is !i Sijiialc liiil which has passed tii' I louse \vitli an ■iiiieii(l-
iiii'iit. We now report disatjreeiaeiit to the, ILouse aiiietidinen
Mr. Morijnn. — And Uk; question is on disat^reeini^ to ilif amenilmeiil ol' thn
House,
Mr. i^liirmtin.- — Yes, sir.
Mr. .Mortjnn.- -\ wish to say jii.st this; That in the IJcpovt made hy (lie C'omiuittoe
ihe lights ol' (ho (iovernnieiit ol' the United States were not eoiisidei'ed. ai:d not
iiiiriideil to he considered. A\'c oidv arrivi^ at the con(diision that the (jiieslioii
pi.sentcd iti the aniendinent ot llie lloii^e is of siu'h a serious and inipnrtaut a
cliiracter that the Committee on I'orcM'^n lleiations would not undertake at tliis time
10 ])riinoun"e that kind rjf judijmoi.'t upon it wliitdi is <hii! to the ma!j;nitude o[ sucdi a
• (UestioM.
I d(;sire dial the Bill as it passed the Senate orifjinally shouM jiass, hepansc it
Irroteels tlii; salmon and other lisiu'ries in Alaska, ahout which there is no dispute;
iiiil lliis parlieulai" ([uestion is one ol" very '^T.at !j;ravify and seriousness, and tiio
Ciiinniiltee lai J"oreiu;u I'elatious, or at le;isl a majority of the entire ( 'onuuittee, did
nil I'ei'l warranted in und(a'tal<in'' to consider it at this time.
.Mr. ,'<h('riiiiiii.
-1
II
ititemled, when the amendment was priroerly Iiefore us, to say
Senate tiiat tlie Committee on l''oreii^n Jlelalioas were o, he opinion tlial, while
then? was no ohjciitiou at all to the S(;nate Hill as it jiassecl, it heini,' IWr a (dear and
jilain purpose, the «[uostion proposed hy the House in the I'orm of an amcmlnieut was
a iri'ave one, and had no relation to the s\ihj(.'et-matter of the Bill, and oni?ht not t() he
lecli'd with it, had no coimeclion reallv with it, and involved serious mati
)f
iiiternalioual law. perhaps, and of puhlie policy, and therefore it oui,'ht to he eoiisi lerod
iv llsel
I was directed hy the Committee to state that the suhjoct-matter, the mca'ils of
position proposi'd by 1 1
llii' iiri)
.•iiiil we are no
1I<
're not het'ore lis, and not considered hv u
t at all e()minitted for or ai.'ainst. the ]iro]iosit ion made hy the House.
We make this Report simply hecanse it has no coiinerlion with the iJill itself, and it
Hiu'lil to he disairreed ti
(I ahaudoned, and considered ini
irefidiv h(,'reaftei'. I
llierel'ore ask for a (,'()imnitt"e of Conference on the disanreeini,^ votes of tl
IW(
Tlin Prcfidinij Officer. — 'I'he (luestion is on a','reein|,' to the .ameiidmeni of tlie
lliiusi' i;f l.'epreseiitaiives.
le amendment, was not conei
irred
77/r /
rosldin
'•'J (\tf!<
'I'he Senator from Ohio now moves that the Sei
C(mf(n'ence witii the lloiis(' of jiepresentatives on the disaL;reeinij votes.
The motion \\as agreed to.
ask for
Alaska Salmon Fiahrric.s.
Ml. Dunn. — I siihmit the followini? Conference Heport. . .
The Cha'k read as follows: -
"The ('onunittee of Conference iiii the disa<,'reiMni,' votes of the two Tlonses on the
Miiii'iuhncnls of iIk- Senate to the Hill to provide for Ihe protection of the salmon
lislieries of Alaska liavin;;; met, after full and free confereiu.'e ha\c airi'ced to recom-
niiiiil tc) their respective! Houses, and do recommend :
" 'I'hat the Senate retredo from its disaafrecment to Ihe amendment of the House,
and a;:rc(>to the same, witli an amendment to read as f')1Iows: •
" ' Section ;?. That si'clion li).">() of the H(M ised Statutes of \\w I'nited States is hiu'e-
livdeehired to include and afiply to all the dominions of the United Stales in tin?
v,:ilersof lichrinir's Sea, and it sjiall hi- the duty of the President .at a timely s(>a'on in
I'acli year to issue his Proclamation, and eansi> the same to he jmhlished for one month
at least in one ne\vs[)a])er (if ,any such llua'e he) pulilisheil ,at eai'li United ,S|;ifes' purl
111 entry on the Pacille coast, warniin,' all pca'sons a-^ainst enterinL-' such waUa-s f(ir the
]Hn'[Mise of violatini; the provisions of said sccti<)n, and he shall also cause one or more
vessels of the United .>tates to dilii,'entl\ ciaiize said waters, and arrest all ))ersoiis ;\ii.|
[128] ' ■ -2 m
200
KL'izc all vessels fuuiul to 1"', or to luivi' bt'eii, i'ii}i;at;oJ in any violiitioTi of the Laws of
the Kiiiled States therein.'
"And the ilonse ai^ree to the same."
(Sis,'nod) l'(nNl)KXTi;i{ DUNN,
in;.\T()N' McMILIilN,
CilAKLES N. I'EI/roN,
MinuKjins iin llir pint (if tin' Iloune.
(Sif,'npd) JOHN NllHUMAN,
J. T. MOliCAN,
(JKOIUJE r. EDMI NDS.
^fllll(lr|l■rs on the. purl of Ihc Sennti:
The following is the Stati'ment nceompanying the Ueport under the llule :—
Sinli'iiirnt.
" 'liic eirect of (he aineiulment is to leave out of the House amendment th..; words
that are deseriptive of the l)ouiulari(.'s of the waters of Alaska."
(f<ii!,'ned) ["( )IN DKXTHIl J)UNN,
liKNTON AI(.\!iLLi.\,
C. X. FKI/l'ON.
Mamnjds an Ihc jxirl of the llnusc.
The Conference I'eport was adopted.
Mr. Dtiiiii moved to reconsider the aoIc hy wiiich the Conference Itenort was
adoi)(eil; ;ii\d also moved that the motion to reconsider he laid on th(! 'I'ahle.
The latter motion was aLrreed to.
.S'«/mo)i Fisheries 0/ A tit ska.
}[r. Sheriiiiiii. — I ask that tli(! action of th(> JJouso of Representatives on Senate
Bill ;i',)ii;i l)e laid heforc Iho Senate.
The llesolution of the House of lleprescntatives was read as follows: —
" fa the Ihiiise nf lie/irrsriitiltires, yfiireh '1, 18^!).
" liesolied, that the House, concur in the Report of the Coniniitfee of Confereiici'
on the (lisai,'ri'eiiii; votes of tin; two Houses on the anienilnient of the Mouse to tiic
Bill i^S. y'.)!)o) to provide I'or the ])roteelion of the salmon lishcries of .\laska."
Mr. iilier7iuin suhniitted the lollowiui,' Report : - -
"The Conuuittee of Conference on the disai;reeintf voles of the two Hoiims
on the amendments of the Seiuite to the Rill (S. 'M'.)'-)) to |)rovid(! fortius protectidii
of the salmon fisheries of Alaska having met, after full and free; conference haveai,'rewl
to reeoinnu!nd, atid do reconuiiend, to tlicir respective Houses as follows:^
"That the Senate recede from its dis;l^'reen'l(Mlt to the nniendmeut of thi^ llousic,
and ai,'ree to the same, with an ameiulinent to read as follows : -
'" Section -"l. 'I'liat section 1 ',).")() of the Revised Statutes of the I'nited States is
herehy declared t(j ineliule and ap|)ly to all tin.' <lominion of the l.^nited States in the
waters of l)ehrinu;"s Sea, and it shall lie tlu; duty of the I'ri'sident. at a tiniely
. season in each year, to issue his Proclamation, and cause the same to he puhlished for
one. month in at least one newspajxn- (if any such th(U-e he) puhlished in each I'nitoil
States' [)ort of entry on the I'aeilic coast, warnini; all persons a;jainst enterini; said
waters for the purpo.scjof violatini,' the provisicnis of said section, and he shall cause oin'
or more vessels of the United States to dili!.rently cruize said waters, and arrest all
persons and seize all vessels found to he, or to have heon, engaged in any violation of
the J.aws of the United Stales therein.'
" And the House agree to the same,"
(Signed) JOHN SHKRMAN,
JOHN T. JKJRGAN,
GEOllGE l'\ EDMUNDS,
Managers on the part of the tienate.
(Signed) I'OINDEXTEli DUNN,
BENT(JN McMlLLIN,
C. N. FEL'i'ON,
Manaijers on the part 0/ the House.
251
The Presiclfiil, pro tempore. — If tlicr<! bo no ol)jc('ti()n (o the [jrescut consideration of
tlic llcport, llic (|ii('s1ioTi is ii|)<)n coiicuri'iii'; in (Ik; same.
Till' Kcjiiirt WHS foncun'cil in.
No. 188.
('(ilniiiiil Office tit i'lireiijii OJ/ice, — (Ri relied April II.)
Kir, Uoirniiiij Street, .Iprll 10, 1880.
I AM ^liiectcil l)y Fiord Kniitsronl to nclinowlcd^c tlie receipt of your letters of
till' i'.'itii iillinio imd ;lril itisliiiit, iiicli'siiiLC eoiiies of liespatclies iVoni Her Majesty's
Cliarfji' (i'AHiiires ;(t \\'nHhiii;;l()ii on tlii' Heliriiin's Scji (|ii('>ti()n.*
Tlie I'roelainiilion rccfiiliy is-iicd liy I'rosideiil ll.irrison willi rci^nrd to the seal
li^hiii^' in Hehriii^jV Sea a])pears t<i raise an iiiipcir'liiiil (pieslinn as to the ini'aiiiiif^ «hich
is atlaclied liy the Tniled Statis' (joveriiiiient to the words "all the dimiinion of the
I'liilcd States in the water of Ilehrini^'H Sea," whieli is the term iisi'd in the Ai't upon whieh
till' Proclamation is t'oimded.
Heariii;; iiimind the interprelalion which the United States' (ioveniment lias liitheito
]ilacc(l upon the dominion of the I'nited .Slates in IJchrin^'s Sea, it seems to his Lordship
ivdrthy of eciisideratioii \viiet!i<'r senile int'iiiatioii, siicii as that siijrue.^trd in the letter
I'roui this Dcp.utinent ot'tlic I'litli .Marcli, .should not he conveyed to the I'nited States.
I iim, Siv.
(Si-ned) ROISKU'I" (i. \V. illlitHEllT.
ics on Senate
dl' tlu^ House
No. IV. I.
('ol')niiil Of/ire to Frireiijii O/fire. — {Rereired April 11.)
Sir, DitiniiiKj Street, April 10, IJsS!),
I A.M directed hy Loril Kiuitsford to ackiiowleilne the receipt of your letter of
tlie Ith insliiiit, transmitlinj;-, for his l.ordshi])".s information, a copy of a. despatch
t'riini !ler Majesty's ( liaryc d'Airuiros at W'ashinston, on the (piestion of llic sale of
three l'>riti>li vessels seized hy the Ihiited States' authorities in l.^sy, when en^ai;ed
ill seal lisliiiii;' in the lieliriiia's Son.
■J. In rejily, liis LonUhip desires me to stale, for the iiiforiiiatiim of the Secretary
of Stale for Forei.in Allairs, lliat he has no ohservation-' to oiler on the despalidi
lot'errcd to.
:i. Jjord Kniitsford uouhl lie j^lad to learn what is the prescnl position of the appeal
in the case of the steam-ship " W. 1*. Sayward."
1 am, &(•.
(Signed) .lOlIN HU.VAfSTON.
No, li)0.
Fiiriiijii ()//icc to L'oluuidl OJ/icc.
>n; Forcirjn Of/ive, April 1 1 , ISM).
I Tll.ANSMrr heriwitli copies of despatehe-i from llei- .Majesly's Charge
•I'AIVaiivs ill \\'ashin^'lon, as niarkcd in the mai'U'iii.r i'cl;iti\(' to the Act of the United
States' Coiicfress of the ;2ii(l March, ISM), jirovidiii'^- for the proteetion oL' the salmon
llslieries (d' Alaska, ;in(l Ihe I'l'oelamatioii whicli has lieeii issic'd liy the rresidciif oL'
tlic I niteil States in ]nirsiiaiiee of its jirovisioiis.
'I'he .Vel declares that seetioii lOoO of the lievised Slaliiles of Ihe I'liiti'd Stales
"iiieliides and applies to all the doiniiiion of the riiited States in the waters of
lii'lii'iii^'s Sea,'' and directs the i'resident, " ;it a timely season in eaeli year to issue
liis I'rocl.'iniation, waniin^' all persons an'ainst, enteriie.;' the s:iid waters I'oi' the pui'puso
of violatins^ the pvo\isioiis of the said section," &e.
That, section (l!),')(j) enacts that " no person shall kill any otter, mink, marten,
i^nhle. III- I'lir seal, or other fur-lieariiii;' animal within Ihe limits of Alaskii territory, or
1 1281
* .\(i?. i;U ami ISJ.
t .\<:s. 17!), 1,SG, imd 187.
2 K 2
in the walcivs tlicvoof ;" and tlio ri'(>si(lcnt, after i'(!i'itin<!; flu; siicfion in ((uoslioii ami
till! section of tli(\ Salmon Act in wliidi it is vclVuTcd to, iivocrcds liy liis I'roclainatiim
tf)" warn all ju'i'sons against cnlcnni,' tin- wa.tcrs u\' |{clitiiiu;'s Sea witliin tin- doin.-iiii
of tlie I'nited States I'or llie purpose of violatini; the ])rovisions of the said section li),"(;.
Kevised Statutes," .te.
I am directed 'ly .Ma\'i|uis of Salisbury to ve(|Uest that, in laying;' the inclcjsed
]ia])ei's ijrrl'ore Lord Xnnlsl'onl, vou will jioinV out to his J,ovdslii|i that the Act ami
Proclamation, taken sti'ictly, do no more than assert the riii;hts of the rnited States in
their territorial waters, in fact, the discuysions in the Si'iiale and the House of
lieprosentatives, recorded in Inclosure !• to -Mr. Ildwardi's' despatch of tlie ^oth ultimo,
show thaM,hc majority in the Senate desired to avoid commitlini;' thoniseiv'js liy any
words in flio Act to an inter|)retalion of the Treaty riirlits of tin' Tnited 8tatc> in
Hchring's Sea, and that the House of Iteprescntaf ives aciiuiesced in that intention.
I iim, iV;c.
(Signed) J', cruiin;.
No. 1!)1.
Tlw Miirijuis of Salixbiiri/ lo l<lr J. rmtiicii'iifi-.
Sir, Fi)i-li/ii OJ/irr. April {:'<, 1-S.i.
WITH reference to IMr. Edwardcs' despatch of \\n: l.'ttii idtimo. I have lo re(|iu>i
that you will report lo mc, i'or the information of the Secretary of St,ili> for tlu-
Colonies, what is the present ixisjlimi of the ajipeal in tlie ease ol the steMni-slii|i
'• \V. 1'. Savward," last reported on in Sir L. We>t's desjiatch of the 1-Mli Sep'enilur,
1&8S.
1 am, iS.c.
(Si-ncd) S.VLISIU RV.
.\o. V.Yl.
.My Lord.
Mr. Edwardfs lo tint Muniu!," of SaHslnirii, — {RfCfirrd .iprll 10.)
W<isliiiii/I(i'i. .Ijiril '2, 1
s.^!»
ALTIIOUtnr (he I'.ill iidrodiiced hy Mr. Dium into the llons'j of jlepresentalives
to amend section 190:'> of the lioised Statutes, an<l to provide for the hetter protection
of the fur seals ami salnum fisheries of Alaska, and for other purposes, did mil hecoiiu'
law, I think it right to submit u Rejtort as to the i)roeecdin};s in the House which took
place in rt'nar(
-March for flic iirotection of the sal
to it, on accouTil of its coimcciioii with the Act passed on the '2m\
T
nion
lit Alaska.
first section of Mr. Dunn's Hill related to the leasini,'- to an\ iierson or
(.'oinpaiiy, hy the Secretarv of the Treasury, of the ri'ihi to take fiu'-sciils on ccriain
The jiroliihilioM
animals icxciiit In
land.'-
The second section extended to all the waters of lielirin
contained in section lUriO of the Revised Statutes lo kill lur-b
those authorized), and calls on the l-'residcnt to issue a I'roclamaliou every year warning;
all persons against entering; the waters of the Helning's8ea I'or that nmpose; ami tocnhc
vessels of the I'nitcd Slates to iiolici' those waters, lo arrest all fouinl in siu'li illegal
huidiiur, and to -■ci/e their vessel.-;, !<■<'.
riie other sections referred lo the |iroiertion of saluKui in .\la-.ka "aters
;ili
\\a?
referred lo the t 'ounniltee on .Men-liiin
It Mil
islierie:
iiJ
rejiorled iiai
Mr. Di
The j;>port, Copy of \ihicli is liereuilli inclosed, is most
interest in;;, ami irives the residt cf iiivesti"ation into ilie suhiect of the liir-^t'id tishcrio
Alas
ka, am
1 of the leases i;ranteil by the (lovernineut to persons or ( 'ompanics
the riuhts of taking fur-bearing animals in those parts, t*;;!
.Mr. Dunn oiiened the ''isciission on the Hill I- reviewing the riirhts of ih
States in the waters of Alaska, which were accn
]•
IlltW
b? Ill ' Treat v with liu-sia in I."*'!
iVcry right, (very privilege every imnumil'
;-rritorv of Alasl.ii, llie L'nitcd Stales now hii
ch. I
le sani
i;
iiN-ia iiiid had in tin
l)y the United Stales by I
Islam
leir purcliase iroiu
riiief among the interests ac(|uii('i'
l{us>ia was the seal I'ookeiv of the I'liiiilnll
He t
hen went on t'l givo an account of the lease li''ld h\ the vMnska ( 'oimm'rcial
t'(iiii;!iiiiy
MllllMllll
It Wll
vc-sels, ai
llii'ir \e>-.t
Sevci
iiiiitoti'd
ihMt .--ra.
llic -.M, ,-1
rilr.-i .111;;
ii'iii> aiioii
I lo»i'
i ''■|iiirtiiH'i
Till' t 'oniii
liiiil no ii
iiiliahitanl-
ill tlinse lit
-el all Un
tlicrefore c
ivarnitig al
''xisliiig lin
'.liiit sea.
If fhi^
-I'll]- will 1
'■oiilrary, it
-hoidii be |i
ii'iiiiistiikai)
.Mr. Di
<il' lii-- >pcec
iierni .\l,.,sl
|■olltrl)vur^^
.•Iltllll|itcil
l'llll"d S|;l|
'Ll'llgllizci
Sev.
till' la-t . :
"- .\s
:"''rl lilt in
'•lnsing of
accepted,
.-aiiic imp
iiiiH'mlnii'i,
-'-'lul .Mill
I IIA
"liii-li yoiil
--lid idiiiiif
ill \ii'|
''» tllClllill
"'•nl- •■.•ilf
la -TliiiM
lliiil Cotril
>es-,'b, ull
Ifc rinicii
111 rcT
•I'y.i
niv of tlic fiir.ounl o
allowfd to i)c'
kill.'.l
■r its )
irovisiuiis, iiiMl (
if tin
il of ii'vciiiics olitiiiiu'd l)v tlie I'liitcd Stiitcs from this tcnitoiiiil aciiiiisiti
ll was iiiosl ini|ii)ilaiil, ln' said, that IIk
iiili! 1h' iiatrollcil liy I'liiti'il Stati
I'ls, and thai iiiila«l'id liiiiilcrs ^ii.)iild kunw that if found tln'V uiil lio arroHti'd and
ir vi'sst'ls s('iz<'i
•vcral M
-els lia.l th
us l)ij(Mi scizrc
1 la^t SL'a->iiii, ll
;a'il V of tlir scizillt.' Iioin
iiulc'^lt'U on tlic f^'rounds that tho L'nitod Stato' (lov eniniriit had no iiiiisdictinii over
Vl{ ~r:i.
The Com ts liad sustained tlic rJ!.' .t of
jtniMhclKin o
f t\\v (iovi'rnuu'Tit omt
If tl
leic
had I
K'cn any leniency in
llii' -ill, and their I'lithl to ])rolect tiie (ishcf.
r..l,',i-iiii;' liie -cized ve>-.(;ls on the part of tile Kxeciitive, it «as nendimr some ne'j;olia-
limi- aliiiiil (lie l''.a>teni I'isliei'ies (|iiesli(in.
However, in lei ease have the rij;lits of the I'nited Stale- lieeii waived, 'i'he Slate
I lepariment ha- laken no decision concedinji- tliaf thu Heiiriiifj's Sea i- an open sea.
file Coiniiiiltee lia\o heeii satisliod that tlie jiolicinij of the sea must be more rinid, and
I lull IK
) iii(!iili;-eneo must be shown to violator
)f the In
The exi.-tence of tli
tli<
itanis of the .Meiilian Islands and of other ])arts in Ibe Tnited Statei' ]iossession:
itituiles (lenends on the continuation o!' the le;;itiimite killinij of seals
Tl
I all their means ot exi-lence troni ilmse emiiloyed in it.
111!
ey
Joiiimitieo have
lliciefore con-idereJ it jiilvi ;alile that (he President should issue a Proclamation vearlv
rt.irninu; all persons from enterin
- Be
sea "ith the inleiit'on of violaliiii;- the
'■\i-lin"; law-
'.lial s,-i.
reovor, he -■hoiihl lie callc<l niton to see to tiie closet [latroliin^ of
If
hi- lie not done the .-eal rookeries wi
ill
lovernnu'iil won
I'lil- "ill not last three \ear-
iiiitrarv, il i> iinderslood that otlirr (iovernmenls ar
No(
open to every one, and the herds of
hi wish for this result. On ilie
re tlian willing thai tlie seals
d he protected. The Ifnited States' (lovenmient have but U) he linn, iiosilive, and
-takaide in fludr |iolicy.
.\li
I )ini;lev jiiso
loke stron;
Iv in favour of the 15ill. the most nolev
orlliy poition
iif hi- -peech lieiii^- (ha( in wliicli he refers to tlii' claim of liussia, liel'ore the ce-sioii by
I'nited States, to exclusive jui isdiction in the I!ehrinj;'s Sea, to the
lier III .\laska to (he
ween ISMssia an(
I the United State> when the forinei
al
Uii
id ih<
nlroveiM that ttnik place bet
Icinpted to e\l"id 'hat jiirisdiclion, nnd to the Treaties iielwcen
riiil'd State- a.i I ' etweeii Kiissia and Great JJritain. wliereby the ri;;hts of liussia were
ici-i>;
Uiiized to c;,niri(i the ISeliriii'^'s Sea north of '>■'>.
Iniv'nts were oll'ercd to the hill, \\hi(di w
■>ev, lal ;iineiii
;is ullimatelv reeoniniittei
Ihi'
la-t . i!)i;-e it reached before Comrr
ess exnired.
.\s I ll
the honour to nnort to vour
L.'"'rl iillinio. the House
dial .Mr. Dunn's 1
oiil-liip. Ill my ile-p
ilch o
tiK
clii-iin;- of
iill eoiilil not pos^
ll'
dore til'
'oii'j;ress, added an aineiidment to the Senate Hill (which was ultimatelv
iii'i'cpted, and
the liiil Mas iiassed
.-aine iinpoi t .-i- seetmn 1.' in
Mlllrlillinelll of tlu' III
M
1 1 ill the siiajie of an a
l)iliiii
Hill.
thai tl
anil u lia-
*i'e-idelil has issiiei
Idilion o*' il section ?$ of the
to this
been 111 lesnonse
I h
'roclamation of the
.Mil
1 have, \c
/Si-ned)
II. !■:. i;d\v.\i;i)i:s.
id:
Furriijii Ofjirf la (.'uIoiihiI OJ/ic
I IIAVK lai
•fore ilk'
M
Vnrciijii ()//iri\ Jpril 1 >. ISf'.l.
inniis ot Snli-hiii\ vour
leltt
r ol the IDtli m-taiit. in
diich
atleiition to ilie rroclamation i-sueil bv President Harrison on the
ihiino i'or (he )i,'oteclion of (he I'lir seals in l!elirin.;j;'s Sea. ami to tiie Act
" ' ■ " " bi ■
nllv
|in--ei| by il,e I'liili'd Slates" t'oiii;ress on which that Proclamation i- ba-ei
111 \iew of the previous action of the I'liited State-' authorities on ihe spi(. and of
■111 tiicaiiinn which maybe allacdieil by the CJovernment of the I'nilod States lo the
>>' I'll- '■ all Ibe dominion of the riii(<'d Stales in tlie w;ilers of liehriiii;'s Sea," eniiiloyed
III -iilion '■'< of the An. Lord Knulsiord su,i;;fisl- thai ;in iiitiinaliini -hoiild b.' made to
lliiit I ni\eriimeiit, Ib.il Her Miijeslv's Cioveinilienl cannot rc(|llire t!ie nia-levs of I'ritiNu
rl-. »!i
Ihe r
en lisl'inu in Hidirina
d
o-iiiile liniil, to recouiilxe ibe lau of
lilted Stiti
II rcjil
\. I am to ie(|iies( (hat you will slate to his i,ordsbi[> (hat Sir,). Panni'elolc
254
"ho lias been a|)i)oin(e(l to succeed Lord Sackville as Ilcr Maji'sly's llopresentutive at
AVasliiiigtoii, left liondoii tor liis post on tlic UUli instant.
It would, in Lord Salisbury's opinion, bo advisable to wait until lie lias bad time to
exainino into the question on the spot, iuid to repoit upon tiie silualion, buloro nuikiiig
anj connnunieation to tin; i'liited Stales' (JovernnKMit on the subject.
I uni, &c.
(Signed) T. II. SANI>l!:i!SON.
No. V.)i.
l''orti</ii Of/ici' to Col'iiiinl Office.
(Ext
raft
IT will Ih' seen, on relereiice to the correspondence respect!
' IJ
Forriyi, Offi'n: AjirU IH, Isv',),
tl
ic seizure o
schooners by I'liiled States' lievemu- cutters in lJeliriii;;'s Sea, that Mr. IJayanl
in a letter addressed to Her Majesty's Minister at Wa'^hinn'l
is.s:
copy
jl'wli
l<-
ich acconi])aiiied
the 3 2th Api
•Iter IVoin tliis T)e|iartnient ol' the St'i V'tv of
thai year, staled thai '• the laws of the United Slate-i reuniatinu- the killii
seals liuve l)een in force tor ujiwards ol' seventeen years, and. prior to the
last suminer, but a sin:;l(; inlVaotion is known to have ocrinrcii, and thai wa:
of
1"
shed.
jironipi
()
I (be oilier iiand, l^ord Latisd
o«ne, in Ins lU
sjialcb
){• lb
rib N.
af "hich a copy was ioiwarded in your letter of the -1th .laiiuaiy, 1S'>7. state-
|S8ti,t
i'iiis is.
as fii
I b;
lave been ali
lo to ascertain, the first
occasion upon w
now advanced iiavc lioeii eni'orced. Sealinj;-vesscls from llrilifb Coh
years jiast lVe(|uented the waters of Iiehrin.^'s Sea without niolestati
\hic!i claims of the kind
unibia have for some
Lord Salisbury ol
however, that, in the Minute by the Department of ^fari
and Fisheries, inclosed in J^ord Stanley's despatch <>f the .'in! .\iiniisl, If^^f^ ('of whi<'h a
cojiy was forwarded in your Idler <d' the ISth ol' Ihat moiilli), it is staleil that, by the
l)rono>ed arraim'emeiil for a clo^c' time
Canada would lo-e the cniovment of a
lucraiive riy'ht long- p().jses>e(l, and lbi> hxs wmiid br I'alal lo the pro>eculion of the s'.'al
idiistr
111
Lord Salisbury's opinion it would be interestinu:, with axiewfo jiossible I'urlhor
tion-^, lo know for bow Imii;, and to what extent. Canadian v(?sselshave been in llie
nei:'otiation-^
habit of killini; seals in the waters o
if iJehi
Sea before Isis^ti
1 am to re(|ue;a thai, in layiii:;' this letter belove Seerelary Lord Knulsford, you
move hiin lo endeavour In ciblain sucli statistical information beaiing on these points
can he furnished by llie (,'anadian (lovciniiieiil.
will
.Aly
Lord,
IN r
to iiilonn
-w
. 1*. S;
it is
not p
Ihit i
lillsilie.-.>
to Ill-
years
.No. 1 !).■■,
C'llniiiil O/li'-r In Farciiiii ()f/!vi\ — [iifi iivil .Ijiiil'^O.)
Sir, J)(itnilii'j SIrrcl. Ajiril 20, ISSi),
1 A.M direcU-d by Lni-d Kmilsfnnl to ackiinwle(|i;e the receipl of your lellcr of llu'
Mill iii^lanl, traiisiiiiltinu- copies of de>ipatches from Her .M.:jesly's Charg-e d'AII'.iires al
Washiiinton relative t i the .\cl ol' the IJniled Stales' ('on^iivss (d the I'nd .March, Is'^'-f.
pr<ivi(liii;r Cor |he prolectioii of the salmon li lieries of Alaska, and the I'roclaini'lioii
ubich has been issued by the I'reMiileiil (p|' the riiilcd Slates in iinr.-u;iiice of il^
jiriivi-iiiiis,
III reply, 1 am to ;u-(piaint you, I'or Ihe infoiin-iiion of the Manpiis of SalMniry, Ihal
i.ord Knulsford, while accepliii;;' the coiislrnction iiul uiion I'ne Aci ami I'lochimatioii in
your letter, woiilil have been fzlail if an op]i'iiniuiiv could have breii foiiinl ol placing;' liiai
construction ollieially on record.
1 iiiii, kc.
(Sigii"d) J!. II. .\ii;ai)K.
* Si.-c iinlosurc 2 in No. 'JT,
t Sec Iiiciu'uri- I in Nt'. '.'),
No. TOO.
Colonial Office to Foreirjn Office, — {Rerrivrd April 30.'
Sir, Dotiniwj .street, Jjiril )>'.), ISSl).
I AM ilircctod I)y the Sccrotjiry of State fur tliu (."oluiiics to ttunsinit to jou, with
rclorence to your letter of the l^tli instant, a copy of a despatcli wliicli lie lias addressed
to tlie ffovernor-tjeneral of Canada iti(|uir!iii; as to the extent to whieli ISritish Colnnibian
vessels were cnjjaged in seal liuntin;^ in Ikdirinir's Sea prior to 188G.
I am, &e.
(Sii^nod) ii()iU::i!T t;. w. iii:ui{EHT.
Irielosurc m Xo. 190.
Lord Knulsford to Lord Stanley of Preston.
My liurd, Dovning Street, April 27. I'^SSt.
1 IIAVH the liononr to transmit to yon, for rommnnieation to your .Ministers, a
cojiv i)f a letter from the Foreign (Miiee re(ine-tiiiLC to lie >np]ilied with iid'orination as to
the ixtont to wliieli vessels helonginj^ to Uritish ("ohimbia were engai^ed in seal liunting'
in liehrini;'** Sea prior to 1880.
1 slioiiiillie ol(lii;ed if your Ministers eould supply the information desired by the
.Mari|uis of Salisbury at an early dale.
I have, &c.
fSirjncd) KMJTSFORD.
No. l',)7.
!<ir J. Pnuncffntv to the Marquis of ^iili.'ibury.— (^Received Maij IH.)
.My Lord, Wdshitujtnv. April 2U, 188t».
IN rej)ly to y(nir Lordshii)"s despatch of the l^tli instant, I have tlie lionour
to inlonn you tiiat I Irarn on in()uiry that the record of the a]i])eal of the schooner
"W. I*. Savward" v.aslili'don tin- ."Inth I )i'ti>bi.r, !**>■*, but has imt yet been printed. If
it IS iidt printed when the ease is called the a]ipeal will be dismissed.
lint it appears the ease will not lie reacheil for call for some three years, the
business of the Supreme Court id' the United States bein^', as 1 am told, nearly or (juite
four years in arrcar.
[ am, fiC.
(M^^neii;
dlLIAN I'VUNCFFOTIv
No. lOs.
t'liloniiil Office to Fnreiijn Offici'.— {Received Mai/ Ij.)
•Sir, Doiniiiiij >7/(v7, Miiii 14, 1880.
I AM directed by the Secretary of State for the Cidonies to transmit to you, for
till' iMliirmation (d' the .Manpiis ol Salisbury, a copy of Ibe Annual Ue[)ort of the Canadian
l'e|iarlniciit ol' {'islicries lor the year lss-<.
I am to call alteulion to the rem. irks at |). 211 as to the seal-luintiiifj in
helirinVs Sea.
1 am, &;e.
(Si^Ilcd) KOliKKT (;. W. HKllHERT.
Inclosni-c in No. 1!)8.
i:iri!N sliortiiii;- llie XumiIht of Viv-scl-i, Uoats
I'^ishcrv of Biitisli ( 'uliimUiii, wiili llic I'lciilints aiu
(1 M
1 \ali
oil en"iii;t'(
I in llie Marine Fi
II llu' SvasoM of ISf^
K^tiniitf "if >l,iiis piirrli.i-iil Ironi Iiuli;
OtIt'r-^kiIl
li-iir •• aU ntirtli;i
.r.li„.,.| IV,
lUn.
I'm-.v! T," ft:ilrus.>kir
I'.iiiii.
ulijiiia
3.;>llll
.'ill ilurv, .It ^(1
(;r"ii.l t.il.il iiiiiriiii t'lir.
Niiiiilirr
Nniiilxr
NumbiT
of SrnlH
I NumliiT
1 nf iieiiU
Total
Niiiiib- r of
S'aL'.
T.lLll
Value i,(
Sirali,
Niim,? of Vi-<i-N
. , X.iriH - of (hviirri.
1
T'timaL: .
<>l llnals.
<)t ilni.
hi llrili>h
C.iliiinl.ia.
ill lii'liriiii;*.''
t^r.'li
1
l>,.l!.r,.
I'lMH !()[).■
.. , .1. .1. (Ii-av ..
Il'.l
.*i
20
xiir>
' '.ICO
1,70.1
17. K.I
MiHV Kllii...
.., A. M.I.i-aii ..
i;!l
11
.10
1,110
I. '.137
:i,:ii7
:'.:i.i;'
Juirnt:!
. . Hull :iii'l lio.|ii 1
III
l:i
1!S
1/7
1,017
1,1-14
ll,'.ll..
M.i.u.l.iin Cliic'f
.. H. .I:K.il.-.ni ..
■Jii
(i
111
mo
. !•'-■.')
i,2.;.-.
I2.!:,«
Sail .liiM^ ..
..IJ..-. !.• ..
.■|J
1
ill
107
107
1.',;.,
Siip|iliin'
..' !•;. !!. Mor.Mii
l-'l
!l
22
1 .'.illO
I.JIIO
IL'.III.I.
Viva
. , . Carn,' .'iiiil Miiti^ii,' . ,
'.11.'
.'i
1]
soil
■J. "lilt
■,-',H7.-i
J?*.7'i
Itlji'k Di.'iiiinii.l
. . 1 (iiitiiiaii iinil Flunk .,
SI
'.)
19
2M
ml:!
1 .0:11;
III,:!.,-
.Miirv TiivlMr
..! J. n. Wr.rrm
IJ
1.1
Jti
■.Wi
1
;>!i.'
:i'.l.'i.
1 III. y. Ill' ..
, , ; .Xni'-rjraii
I.I
l\
■_'l
1-
1
17
1;
Triiimp'i
..1 1). Mi-1 1
'.'7
12
11
,.
1 ■-',170
.'.170
■-'i.;c^
(). >. K.iwl.r
.. . \Vn;. 11 t ..
III
■t
l:!
■J30
•.':iM
■.'..i'n
\n:ui' C. .Miiiin'
..' VW.K. lla.kitt
IIJ
7
2>
'7I.-I
7l.'i
7.1 J'
I.ily..
, , i (<iitiirtri .iiiit I'raiik . .
I'rS
•J J
'.I.I
'.II!
ll.V
IVillifiri.iiT ..
.. Cirn.'.imi .Mm.-ir ..
lili
i)
•il
hill)
li.'ill
1 ,j:i,i
l:!.i(|,
.X.l.'l.-
.. ' r. Km,-
.Ml
s
19
:i'.i2
^22
1 J 11
Ull',
!{,.>.> (11., n
.. Will Ol-.i, ..
3-!
:i
i;i
lii'i
1 .lOII
lioi)
f,.llti
AniiM'
.. .Ii-. la'llii, ..
*J.*i
.!
11
15C.
1 ,I11'.)
i.i:i.-i
ll.'.l.."
.M;,u-;i,- Mr..
.. .I.iliti ll.ija ,,
71
',
20
12.'.
1 :>m
i.i'.'i
ll..'l,.
I'.ivuiil.- .,
.. 1 lii.s. :-|uiiis
; Tolnl
;'j
'-
■il
:!ou
l,«:!l
•.m;:i
2i„ll.)
l'll.>],.
Tiu' (1
c'croasi' ill tin' fur soal catch in lioi
olinn.n
i.sottled .-tutc of allii
■^ca is sliii iiioro iiolicc:'.I)lc ; i( Ma<
i nilii tiic Ainciicaii (iovcriiineiit,
caused i)rinci])Mlly liv the uii
several of the sclioimers lieiiii;' nfraiil to enter tiiese waters at the risk of seizures.
A i;rt'at (leal has lieeii written on the life amlhahits of the I'lir «eal. It incontonile
li,> some that all ihe fur seal in tlie Nurih I'ucilic lia\e tiieir rookeries on St. Paul iiiii
St. a
Islands in Melirii
Sea.
01
ner.s claim
till
lanj-
of tlie fur avuU of tin
I'acilic never enter Hehrinii's Sea. hut ]ni|) on lar<j,c kelp lielils in the oce.in, ami iiiiiv
jierhaps have reu;ular liaiiliim' "rvoniids mil side of iieliri
I'^xtracts from aCirciilii
)f C. .\1. Laiiisen and ('
if Ijondon. i"
liic f
skins Were sold
iir seals are can
;lit. l''ro!ii Octoher li?sti lu Jannarv Ib.'^s the
ill ;;-ive the read(!r some idea of wliot.
foil
oiMiii; iiiimlaT li
ul-skii
Nnrtii-\\>«1 I'licilii.' Ci
1,'iliiiii 1.,-iiiiiiI , ,
.\la>kii
IT I>l0llll
t'njit' lliirii
Soiilli ."^cii
■Cl.O.S?
W.iCM
■jni.iili.'t
10ii,s«(l
'.i.H.-ili
il.llili
■iOil
;iiii.o^,i
It ha-- hceii csliiiitilcd that iri.iifliiOiiii
ds liniil oiil aiiiuni
<1. I'
n.oon.oiKi
St. C
Islands. The ('omiiiiMcial Alaska Coinpany controls iheseaii:
other islands hy lease I'rom the .\tneric.\ii and llnssiaii ( Mivermncnis. I am of opinio'
tlijil main tnr seal iiiiji
•liahl
■Ip lirhi
the llrilish Ciilnmhia po.ist. I have liii"
relialik' intormalioM Irom practical hnnici- aii'l hsliermen who i;car me mil mi this puini
.Morris Moss, of \'ictmia, states that tliirin^ the year l^^T" he was eiit;aui'd tradiiix' "'
tlie coast ni';ir Hclhi liellii iluriii;;' the months of March and .\pril, when he aw li
if fur seal
motl
lUllS IrnUi
I ■> moil
th
d. wl
iich hail iieciiine seiiiira
ited i
llllC'
roiii 'I..
lers, and on ac. mint of n licrvv storm were hlown mi shore and canijlil ll^ lii
native!
(•
iptain
Ah
.McLean, of \'icloria, states that he killed a niiiii!)i
seal piljis iitK'api' ('imk, »hi<l. had likewise heeii hlown iighme iliuiii;;' a s|,,rin. .I.i!' •
G. Suan's Kvporl for ISSO aii4 !-■(:; jjir.s to show ihiit the liid.iiis of Cape Flittfr'
257
urine Fur
f isss.
Tuul
l,f \lllUCO(
SeaU,
ll..rari.
.-, i;.ii:h
1 \i:i\:
7 !.'■/'
Ill IJ.U'*
-, 2-*.;;,
Ili lii.'J'--
Di Ml''
711 24.'!'
3»
:!,3'i
7 )^
!W
:ii)
I'i.Mi
11
12.11
(Ml
0.1!.
;ir. u.'.i.
■21 It.il
.11 21.31
— —
2lt,-:;
Mill -i-'.
IIM
7.JI
.'illO
'i.i>.
21
ciiiliiii' lur scnl |iii|).s r.-u'li si'iisdii, anil kt'r|i ilu.nn a.'i (lot.s iirduiid the caiiip.s. It is
iiii|iossililu tliiit llic-'t' |iii|i-- may have coiiic trinii I5i,'liriiii.''s Sea at that ai^e, as .Mr. ICIliutt
,stnt(> liu\v do iKil lcav(! thf i.siiiiuls lioforc tiio iiKii.th nf Ndvuiiihor, and tliiiso ttiat
Mr. Swim spunks di'arc cauiilit early in the sjiriii^'. The iiiajdiity "i (iiir limiieis eontend
thai liiere are over 7 per cent, nl' pii[is in the entire calcii of i'ur si'ajs on tlic coast;
while in J>ehrinj,'''s Sea the ealeh does not e.\cee(l 1 per rent. Jiut thoy eaiinot (h.'ny
the liiel tliiU over (iO per eent. d' the entire catch of I'ehriiiji's Sea is made up of I'cniiilc
seals.
No. 109.
Sir ,/. Puunci'f<il(' In Ihr Miiniiils of .'^(llixhuri/. — (Ri'rcivcd June 4.)
My Lord, Waylnuijlon, May 24, 1869.
I lIAVl'j the lionmir to inform \oiir Lordship that the steamer " Hush," of the
I'liitdl States' Kevcnue Service, has heen ordered to J?eliriiii;'s Sea in order to protect the
liii-heiiiim; animals in the tirritoiy of ,Masl<a or in the waters thereof, in aceuriluiiee with
scciion l'.t''(i (if tlu- iievised Statutes.
'ilie Revenue steamer " Heal," no.v tittini,' at San l''raiieisco, will shortly follow the
" Rush,'' in order to assist her in this work,
I have, &c.
(Sii-ned) ' J. PAUNCEFOTE.
Iiiclosure in No. 199.
Ji.ilrrirt tiriiii ihr •' Wnsliilii/lon Piist " fif MiilJ -^4, I fis^O.
Tiiu Al.vsk.nn Si;ai. 1'isiii:i:ii-.s. — Secretary Wii-.dorn ycstcrdav «i:;ned the sailinir
order-! of the Revenue-steamer " Kiish," directiiii; that sliesail mitnediately ujion receipt of
lur instructions to Ounahl^ka, and then to cruize dilisTntly in IJehrinjj's Sea for the
purpose of " warnlns; all per^ons auainst entenna: such waters lor the purpose of violatins;
section 1066 of the Revised Statutes, and arrcstin;; all persoius, and sei/.iii'.: all ves.sels,
fniKvl to be, or to have been, cii!,':iL'ed in anv violation of the laws of the United State;*
lllCI\ill.''
Soetii'.n HC'fi, Revised .'-;atnles, referred to ahovt', provides that " no person shall kill
any otter, mink, marten, sable, or lur->eal, or other fur-hearin;; animal within the limits ot
Aliiska territory, or in the waters thereot ; and every person iruilty thereof shall, for each
offence, be (intil not less than tiOO dollars nor more than l.OdO dollars, or imprisoned not
uiore tlian siv UMmtbs, or both, and all vessels, their tackle, apparel, furniture, and cargo,
I'liMid eiiira«eil in violation of this section shall he forfeited ; hut the Secretary of the
Tieasiir\ --hidl have |i(iwer to aiitbori/e the killini; of any such mink, marten, sable, or
oit her I'ur-bearing animal, except fur-seal, under such rei;ulations as he may prescribe, and
it shall be the duty of the Secretary to prevent the killing of any fur-seal, and to [irovide for
the e.\ecution of the jirovisions of this -ectioit until it is otherwise lu'ovided by law. nor
-I'.ill he urmit ail} -peiial privilems under this section."
The t-'oieniandiu;,' Oftieer of the " Uush " is also I'urmshed with eojiies oi' the Act of
the 2iul .March, IKH'.,', and the I'resideiii't I'roclaniatiou of the "Jlst March, IS^U, regarding;
tL' prot(eti<i!i of the seal and siihnon fisheries of .Alaska, and instructed to enforce their
I>r(ivisi<ins, The " Rush " is imiw at San Francisco ready for scu, and will sail immediately
upon ieitei]it of the orders, which were mailed at Wasbint^ton yesterday atternoon. The
Keveiiue-steanier " Hear,' which is now iitliu'.; out at San Francisco for an expedition to
Piiuii lUirrow, Alaska, 1ms also iicen dt^ii'iiiited to assist in the protection of tlie .Alaskan
ti'-lHiies, aiuJ will lollo'v the ''Rush" in a short time. Her orders are now luiii^'
\»' \m\i\ al the Trea-iir\ l)c paitineiit.
fl28]
L
No. 200.
Cniisiil-General liookrr In tlir Mniijin/' nf Snlislinri/. — (Ri'vcivi'd Juh/ M.)
My Lord, \rw Ynrli, June 28, IKS'.).
I FIAVI', the lionoiir to inclose extracts, for your I.oril»lii])'s piTusul, from t.\w New
York " Evcniiig Post'" of y(>ster(Jay, contiiiiiiiig an intc'rcstin;^ Ictti'r on the Hclirini^'s Sea
(|lus)ioil.
(Signal) ' W.M. I-ANI'- I50()KF,R.
Intlosuro in No, 2tiii.
F.itmctfrniii flic Neir Yorlt " Kn iiinij I'ost " af Jiinv 27, \K<\).
Thk Hbiirino's Sea (Juhstion.
To flic JMlitor oi till.' " KveninK Post."
Sir. Sdlriti, ^f(l.^slll■llll^l■lls, Jinn' 2\, \HH9.
SINCI'", tin- rcjcTlioii ol tlir Trial y of Fcliniary IM8S with (Jrciit liritain, the imblic
lias iHMi'd \ery little of fishery troubles on the old dehatahle :;roun(l of the iiorth-wes'
Atlantic, hut there is every jiros|)ecl that the absence — obviously a merely '(iii[iora!y
iibs'..iici — from public discussion of the \velUj;na.\cd hone of contention will, in a nicasure,
be inailc i;oo(i by takinir up as a topic the analoj;oii> (jucstion peiidiiis; hetiveen tlie United
Slates and (licat Britain coneerninu the seal tishciics in the north i'aeilic, or, as our
staiciiiien and writers prcier, for a very shrewd reason, to sa\ , in " J5elirini,''s Sea."
Several Hritish vc-.-:els were seized in 1880 and 1887 by United Stales' Rcvenue-
crui/.crs for sealiii;.'. in JSchring's Sea (a part of tin,' Pacific Ocean, as 1 shall show procntly),
far outside of the .'i-niif' shore belt, and these vessel- were coiideiiiiied by tlie United
Slates' District Conn at SiiUa. So lar as 1 am aware, there is no otbcial puhlicatiua
sliowins; the (lositioii taken by our (jovernment in this matter, so that we must fall back
on staleiiieiits in the press.
The "New ^'ork Herald" of the l.'Uh October, 1887. pnblislied what purjiorted to
he a ri-rliiiliiii copy of the " brief uiiderbtood to have been prepared at Washiii'rtoii anil
recently filed in the (Jourt at Sitka by Mr. A. K. IJcIaney as counsel (or the United States'
Governnienl." 1 in' delendant's name is not ^iveii thei-", but obviously it is the brief
aijainst one ol tiie Hnii>h vessels seized in 18s7, and ; obably substantially the satiie
brief was used aiiainsi ail of iheni. In a leader in the same issue the " Herald'' refers tu
tliis hiiel a? that a:iaiiint certain liritish vessels chained with violating our ritjlits. There
is no reason to douOl iiic Lieiiuineness of this |iaper, and in the absence of other evidence,
\ve may take it as a inistworthy liuide to the position taken by our (jovtrnnieni. It i*
there staled that the case is based on section 1950 ol the Ilevised Statutes ol' the United
States, providiiii; that "no person shall kill aiiy otter, Stc, or other fur-bearing aniiiuii,
within the limits cf .\laska Territory or in the waters thereof;" that the olfenee, is chai;;c(l
iohavel)eeii connnittcd " 130 miles north ot' the Island ol (Juiialaska.aiid. theicldri'. in the
iimin waters of thai [lart ol the HehriiifjV Sea cede<i bv Kus.-.ia to the United States."
It is lurthir stated that the detendants demur on the ground that the t'oiirt has im
jurisdiction, as the alleiied otiencc was committed beyond the limit old marine league Irnin
the shores of iUaska, and that the Aei under which the dcleiidaiits wei'c arrested !•>
iinciiiistitiitional in so far as it restricts the free navigation of the Hclirirm's Sea tor (ishiii!,'
and -e.dinfj purposes beyond the limits of a marine leiiuue from shore; thai the dcniurrcr
oresents s(|uai'ely the (luestions : -
1 . Tiie jiirisdiction of the United States over heliring's Sea.
2. Tlic p(;wer of Congress to leijislatc eoncernin;.' those waters.
Then Idilows the argnment, opening as foil ,v.s : —
"Tiie lati' of the seecMil ;l the>c propositions depeiidt laiyely upon thai ol the lirst,
tp" if the Jurisdiction and domininn ol' the United States as 'o these waters be not suslaiiied,
the restrictive acts of Coiiiiress 'luisl fall "
'i'his argiimcni oHers great tc'iiijitation to subtnit it to criticism in dclnil. but I shall
coulliiL' myself to the main issue.
260
■|8S».
lie New
im's Scii
)KKR.
1, 1S89.
tliu piiljlic
iiortli-wi^s!
U'liiporary
a meas'jri.',
till' Uiiitiii
or, iis ()\ir
.■a.
' Ruvfuuc-
picsciitly),
the UniU'd
ublicatiun
St fall back
urporteil tn
iimrlou anil
ited Stales'
IS tlic bi-it'l'
V tlie saiiH'
■,1 " i-fler< lo
hts. Tlifif
ler evidcncf,
mtni. It IS
1 till- UiiiU'il
iiiiig animal,
ce is (■lini'i^i'd
iclovc, ill '111-'
Stalls." ■
I'mirt lias no
L' luagui: I mm
re arresteil is
;ca till- fisliins;
till' (leiiiiiiTii'
al 1)1 the tirst,
not siislaincd,
.nil. but 1 shall
it .st<ilr.', ili.il iciU riialioiial la« ii'C0'^ii!/:i-^ se c.-, ami 'Aiitci>> ol a certain kind as " l.iu'l-
li;L'ltecl or iulaiiil, and accords di)niiiiioii and jui'iidiellon over llii^ni to individual iiatiuiis,
(jiiiptalioiis lioni (lie text-booka are tiicn ^ivi-n to duline tlie pliysieul eonditioii> ii.iiiiircd bv
iiitcriiiilional law to eon^ititnli; .>U(;li iaiidlotked or iidaiiil sea. I'Ium- eoiidilions niav li.-
.Mniiniid up ill Vultcl's axiom : " ll nii.bl be entirely BUrroundod by the uriilcn'y ul' iliu
nation claiming' jurisdielion. and ni'i-t liave luj oilier eonininnicali ai <\itb tiic ocean lliaii
I, V a channel olwliiuli that n.ilioii may lake ])o,-,iession."
.Ml pei/ecily Inie. 'I'iie trouble i.-, merely in the " appiiealiuii on 't " lo the ease in iioint.
The boundaries (if Jielirinti's Sea anr eoii'eelly ;;ivon. .Ainon^ them aie enuineraled llu:
I'diin-'Ula of Kamtcliatka and MastiMii Siberia, and then it is said, " It will not be denied
that at the time tiie I'nited Stuti-, ae<|uired the territory of Alaska the waters of the
l)chiin'.;'s Sea washed only the shores of Rns^ian territory ! "
Preeisi ly. i' 't, as Rii-sia ceded to us only ti purl of sueh shores, and as she
retained as her own a ere it (larl of thi'iii, we are not in [lossession of all llir shnrrn, and,
r-onse(piently, wi; cannot elaini "' dominion and jurisdiction " over Bebrinf^'s .Sea miiler ^lie
above doctrine.
.Now as to the other condition shown to he the second requisite ol a closed oi'
landlocked sea — absence ol coinn.iinicatioii with the ocean, o'oept bv a eli.innel of which
we, as elainiaiits of dominion, mi^ht take possession. That is a |)urely tfcoijraphieal
i|iiesfioli, to be settled by reference to authentic Maps or Charts. 'I'he reliability of tlic
• 'harts issued by our I Iydro;;rapiiic Ofliee ,it \\'asliin^ton will not be (piestioned, so let lis
cnn-sult its Chart No. tis', i ditlon of .May ISSP, entitled " liebrin-'s Sea and .Arctic Ocean."
Let u.-, for brevity's sake, assume, what is, however, not true in fact, that the chain of
islands u'unerally called the Aleutian, as far as they go, answers all the reciuiroments of
iiiternatioiml law as an inclosing barrier. We then need only examine the sea to the
westward of the most western of said islands, the one called Atton. The said C'hart shows
only two islands between Atton and the coast of Kaintchatka, and these intervening
islands are Russian territory. riie respective positions are laid down in said (Miart
as follows :- —
Alton (most wpstsin llnitcil Stulo^' territory), viuxi is- ' ^ '
ircmityof .. .. .. .. .. ,5;! .IT N. 172 .■!() K.
('opIHr Island (tifuri'^t liiiid cri'-lwaid). suutli-ciist ex- i
iriMiiily of .. .. .. .. . 51 3.iX. j IfiS O.J K.
CoppiT Islanil (nurtli-wc^t). cxrri'niity i>f ,. ..I 54 ii.l N. | \lu 24 K.
llrliriiif,''slsIiiiiil,iiomij>t IniiiltM.-twaril to f'opiKT Nlnnil I ., ]
I'oint i!t'arc.il to Coppi r iNiaini, Ciipi- riiitron ..' .'>4 55 N. 106 .'t7 1',.
I'oiiit ni'iiri'si to K.imtcli.ilka io:ist. Sen Lion's Ilomi .. 'in \<S .\. ' lli5 40 K.
KiiTntcbiitkii, point n.nr.-sf. f) Uphpiiit's Island ..I .Of. Ofi N. ! ic:; 20 E.
Tin u:<ual method of nautical ealeulation shows the shortest distances between the
iiliove points to be as follows, to wit. between : —
•Mlon and (''tjijiiT Island
Topprr Islam! .and Hehrings liland
Bi'jiring's Inland nnii Kaiiitcliatka
IH.i 1 Nautical tnilus a
2" > a frailiou o
2;l J in cvi-ry casr.
tnd
ver
The narrowest of these channels would ailinit of the passatre of a fleet of over
lOi) vessels sailitiir abreast in a siinrlc line, eviii ii deployeil with a tpiavtcr of a mile
lii'tween each two vessels I
Are these channels snch as a nation can be supposed to be able to take pos-
session of'r "
In all other |)ajts of tlie world our people have always been the strenuous ehani|)ion
of the Ireeiloni ot the •^•as, and have even claimed (see Senate, Re])., \o. 1083,
I'' (niin. "i scss., p. ,0) thiit straits as narrow as the (iiit of Canso (1 to I \ miles wide) leadini;
to stas accessible by other einmnels of snllicient width, were free to our nsi On this
principle every i>ne olthe niaiiv eh.innels bitween tlu' Aleutian IslaiiiU. and conn clini; the
•ea Boutli of them with liiat north ol' them, is free to uU tin' \wirhl. The best ii\' all of
tlieiii, till Ainoii;;'iita I'ass. is about 1 1 niiles wide 1 lmai,dne the ridicule, the \ials oi wrath
that our pnlilieists and diplomalisls v^oiild pair nut o:i .my luckless wii;hl vi ho, stealing
imr Ihuiider, should undertake to prove thai the (iiili of Si. Lawreuee, for inst.uice, was
liy iiileriiutioiial l.iw a iiritisli clo.sed sea, landlocked ami >iilaiul. And yet lo^icallv his
I'lisilion would be inlinitelv ^tioni;ei lliiiii ours is, lor tb.il iiulf, in.siLtiiiliiaiii m exleiit
eeiiipaied with lichrinn'.-. Scii, is aclnaliv meliLsed by Ibitish territory, and has onlv t'nei'
ciiuimels ol euminunieation with the .\tlaiaie !
|r.'S| L' I. -'
200
ThciT is n story of a nnvnl captain wlio, on lipinj; ovorliaiilivl by liis suprriors for not
rctuiniii!; n salute tired in lioiiour of hi.-; tiair. replied that lie had a whole nuniher of good
reasons lor the omission, to wit : firstly, having; no powder, and who wa» tlierenpon
innnediately cut short by the remark, "That will do!" You may say the Attorney (jf
the United Stales himself has rested his case on the ground that Hehriiii^'s Sea is a land-
locked and inland sea. The contrary has now hccn demonstrated; eonscf|uently the
matter is settled, and nobody cares to hear any more on so tedious a subject.
Iiiit there arc always jilenty of g()o<i people in the world to whom that would not be
(onchisive by any nuans, and who can only he convinced by having every one of the
other allei;atioiis, however hopelessly involved in the precedini;, ;>•• lunvever absurd or
irrelevant in tliemselves, dispro\cd separately .uid distinctly. These alienations are. partly
in expnss terms, partly by im]ilicatiou, that (1) Heliring's Sea and the Pacific Ocean are
se|)arate and difi'ercnt seas; ('2) that IJehrini,' Sea is not a part of the Pacific, and Hehrini^'s
Sta was the only interior sea of the North American coast, and was lield by Russia;
(3) that Russia by the Treaties of 1K-J4 and IS^') (with the United States and Great
Britain re.speclively) abandoned her prior chiini to jurisdiction over the Pacific, but did
not surrender jurisdiction over Rchrinii's Sea, and that consccpiently such jurisdiction
desceiuU'd to the I'liit. d States tlirotiirh the cession to us of all l.'ussia's rights by the
•Jreaty of 1867.
In support of these assertions, the " arirnnunt " a-ks trinniphanf ly if there was a
challenge of Russia's jurisdiction over Rehring's Sea, why was it not settled in tin' Treaties ■
Why was a ten years' limit ol mutuidly free na\-'i.Mti'ai in the interior sca'^, gulfs, harbours,
and creeks of each other on the North American coast accepted by the United Slates and
by Great Brit'iin, if Rehring's Sea — declared by the argument to be the only interior sea-
was part of the Pacific or bclongi d to the high seas, and, therefor..", free to ;dl .' Why was
the term inland sea used?
The answer to it all is the ,-amc as that to so inanv other conundrums —"The
boy lied."
Jk'hring's Sea was and is a part of the Pacific.
The term I'ehring's Sea was un.known at the time the Treaties of 1824 and 1^26
were niiide, and, theiefore, was not, and could not he, used in I hem. \\'Ikii a distinctive
name was employed for that sea, they called it in those days "The Sea of Kamteliatka "—
the argnincnt itself admits this by saying "formerly known as the Sea of Kamteliatka."
The tcini I'ehriiifj's Sea is absent not only from these Treaties, but from .dl the prior
di[)lom:itic corresi)ondence and from all contem]inraneous writings. I could (ill a p:i^o
with the nieie tilhs of the encyclopaedias, ga/ctteers, and gengraiihical referei'.ce
books, &:c., pu'ilished up to 1S2.J, and for many years after, in wliieh i lia\e looked, anil
looked in vain, lor Rehring's Sea. 1'he name Rehiing, in a variety of spidlings, occurs
in all, as that ol a navigator, of a bay on our coast (bn, > the east of Rehring's Sea),
of an island, of a strait, but nevci', until long after 182.5, as u, -'' the sea, now so called.
The ja'cscnt application of that naine is of much more recent origin, and its general
adoption has been gradual and slow; but that this sejiarate name should or could divest
this sea of its old (piality of forming part o'. the I'acitic f)cean is an idea \inknown to tlie
scientific wiirld, l,ook into any old or im^dern reference book, under " Rehring's Sea"
and " i'acitic Ocean," and you will always find the lirst dotitied as a i)art of the Pacific ( )ceaii,
and this as beginning at Ikhiing's Strait, thus incbiiling the first. I found but oiif
e.xce|)lion to this, viz., the second edition of " Ap|)leton's Rncyclopa'dia " (lS7-'5), whicli
says that the Pacific is bounded on tlie north by the Aleiiti;in Islands (Behriim's Sea not
being properly oceanic in its chara<:'ci), and this is in contradiction to the definition
of Rehring's Sea, in the sane edition, th.it being said to he part of the Pacific. However,
the earliest ediiion ol the sii:ne wmk (1858) makes the Pacific e.vteii 1 from Rcihi'in^V
Strait to tlie Antarctic circle, and it again proves my assertion. Our own early otriclal
Ciiarts, viz., Pilot Charts of 1-ieutenant M. V. Maury, United State.-,' Navy (United States'
Hydrographic Olhec, 1 8'n)), sheets Nos. 2 and 3, series "A," covering the present Rehring's
Sea, are entitled " Nortli Pacific ;" the name Rehring's Sea does not occur in them ; liut
on No. 2 the names of "Sea of Oeliotsk " and "Sea of Saelialicn" are given to those
divisions of the Pacific. In l:hc ollicial documents ,ind in the tJongressicmal debates alioiit
giving aid to Perrv .Mel), ('(illiii; ( I'ebruary \>*>i'2, ct ■'"'(/.) I'or his teleu'rapli between
Asia and .America via liel'.rmg's Straits, enacted the 1st .Inly, lM(i4, Pacific Ocean is the
term geneially, if noc exclusively, used when reference is made to ihe si-a now known a.-
Reh'ing's. Rut to make assnr.ince doubly sure, I applied for an opinion on tiie ipiestioii
to the most eminent living authority in matters ge;)graphieal, Professor Dr. 11. Supaii,
editor of " Petern\ann's .Mitteilungen," who likewise says that all geographers consider
Behiing's S(.;i a part of the P.icilie. [ can siilnmt the correspondence if desired.
201
A look at .1 Mnp or Cliiirt, of tlic rcL'ion in (|uc>;tion fwliicli |)l('a«(' to iccollcct
t'lfilir.ici's not only llic Aiiiciicaii shore north ot thi' I'lninsnla of Ala--ka, lint thai to tlio
fa-l«iiil and southward of it. vvhctiicr Knssian, linlish, oi' of the Unite d States) will show
|i,:it so far lioin Helinnpr's Sea heniy; tin' on!}' iidanil sea thcri', this i('i;ioii is |iurticnlarlv
till! (if ]ienin-ulas and vvliole archiiK^lai^ocs of islands, and is {-onserineiitly also full of interior
<(':i«. jriills, harhours, and creeks, and it is for that vci'v reason that they were nade the
sulijict of express stipuhitions in the said Treaties.
Nil less untrue tiiau the jireeedin? assertion of the nra;unicnt about the " oidy iidand
>ca " istlie otiier.tliat the Treaties of 1^24 and l^'J.') were a sort of give-and-take ari'ani,'(>
inciit as reLiards marine domiuiou j that itussia ahaiidrnid a part ot it only, and had the
iiiilaiKc eoneeded to hei. Secretary Adams, in iii>- instructions to our .Minister at
St. I'etershurirli of the L'l!nd .'uly, I8'_';i (see Aincriean State l'a|,ers. " Foreign Helatious,"
Mciai'l series, folio edition, vol. v, )i. A'M'i), after setting' tortii l-!ussia's claims as includin;;
till' rii;lit to interdict the navifiation and the fishery ol all other nations to the extent ol
liiOniilis from the roasts of .\s1a, from 4'° north (round) to .'il" north of the American
Cdhlinent, says emphatically : —
"The United States can adniit no part of these claims. Their rif,'lit of navigation
and (if fishery is perfect, and has been in constant exercise from the earliest times, after
the pence of Mf*^, fhroiiirliout the whole extent of the South Ocean, subject onlv to tlie
ordiiiiirv exceptions and exclusions of the territorial jnrisdiciions which, so far as Knssiu's
ri;;lits are concerned, are contined to certain islands noith of the ."J.'itli deforce of latitude,
iii;i! have no existence on the coast of America,"
And when you remember that in those days there was r.o such division of the Pacific
I'cfween I'acihc and Ikhrin^'s Sea as \vc, or those who do the talkini; for us, now claim,
it is perfectly clear that we and Grciit Jiritain, in the respective; Treaties of ISJt and 1825,
(•;inii(l our point for free navi-.'ation and fishery to its fullest extent by havint; it
!ickiiiiv.ledi;ed therein as extending to "any part of the fireat ocean comm(nily called the
l':ifitie Ocean or South Sea." And furtlicr to show that this was also Russia's view of
the iiieanini,' of the said Treaties, let me refer to a jiassign in Bancroft's " History of the
Pacifie Slate," vol. xxviii, p. !'>f*'i. In 1812 the Russian .American Company urtrcd the
liiissiaii (iovernmciit to send armed erui/.ers for the |iresert'atioii of lk'hrini;"s Sea as a
miiri' rliiusiiw, on account of the great extent of .American whale-fishing there; hut the
Kiissiaii .Ministry replied that the [lusso-Amerieau 'I'reaty gave to Americans the right to
(■iii;:iiri' in fishiii;; over the whole extent of the Pacific Ocean.
It is hardly necessary to say anything more. To assert in the face of all this that
nur ]iiiit of liehiing's Sea is a closed sea, is nothing else than a parody on the old headland-
line (loetrine, a line, in this case some 900 miles long, fro;ii Cape Prince of Wales to
Altdii. and iiu losing a "hay" stretchinir, at its greatest extent, over about 30 degrees
of kjiigiiiide. 'Ibis may neommcnd itself to lovers of a " biu' fhintr," liut let;ally and
liii-'ic'iiily it is no less absurd than Russia's still longer lieadland-liee ol i821, which
Secretary Adams wi[ied out.
I'ii'li.i|is it may lie pleaded on In hall of the .Judge at Sitka, tlie lion. I.eff. Dawson,
that he is only a District .Judge, and that he was misled by the \\'asliingion brief;
hat what can he; said for our superior otHcials, the Secretaries of Slate and of the Treasury ?
Were and sre they too misiuformed on the geegraiihy, the history, and even the law
^'(ivcrning these cases?
rroiu time to time we have been told by the newspa]H'rs that the Puitisli vessels
seized have been released, and then again that il has not been done. It seems to he all a
niiiddk'.
The news|i;i[)ers aKo say we must, in s(df (lerence, preveiit any cue but the .Maska
Ciiiniiicrcial Company from se.ilint; in Rehring's Seji, because that C'oui]iany pays our
(liiveriiiipnt a handsome inlertst on the cost to us of Alaska; that the seals there are all
ours lieeause bred on territory ol' ours, and that free scaling wduld so,)n exteiinin.ate these
iiiiiiiiiiU. Imagine such sophisms and such untruth suiimitled to the Supreme Court.
The fur-seal are not I'll, or even vciirli) nil, bred on our territory. Mr H. \V. Collins,
ill his Report on the seal islands of .M.-iska, published oHici-'lly ;;s part of the United
States' Census of IKSO, vol. xiii. No 12, Part VUl, says, on p. (i, that they also breed ou
ltii|i|ier and Heluiiig's Islands, botii Russian, and both leased by (jur .Maska Commercial
('iii|i.iiiy ; and on p. llli, that 48,.')il-( of these animals were taken on these Russian
i-lai,(ls. Rut if the seals were all Anierieaii-liorn it would make no difi'erence in law, as
Uivalures roaming about the high seas are no man's propirty, except his who ealehos
liicin. That "lice sealing" might entail extermination ol these creatures in the .North
I'adlic, as it has already done i isewherc, is proliatile, but this gives us no right to make
liniviiitive h.ws, even nl' the iiuklest kind, lor utheis than .'Xtneriuan citizens and (br
2(i2
louiilitit'.> otliLT llian our own tci ritoiA . Kvcii lln' Wa-liiiigdm liriut' admits tins. Iniir-
nalional ai;ri'ciiKiit, and nol llii; Ijisr i/miV ol any singlf nalion, i-. the lu'opiT ri'iuiily, it
tlicrt' III' diR'. 'I'liat free sealini,' miylit, anil prohalily wnidd, injnir (m.-ncially an Arnciiiaii
cor|)uratiiin, cvcinnally, |ji'rlia|is, v\vi\ uur ( iovi rnnicnl , may 1il' di.|)l(jialilr, iiiil will m,:
be aL'ti'pli'd as our ju.--titii'ati()n lor inliMlcnMice witli the riiilits of otiur nulions, iiivolvin.
tlu; infliclion of injnstici' on individual loivi^nci.--.
Tlio wluili' ciMnso ol our ( Jovcrnincnt, its aelioii us well as its inaction, in tliis mattir
is o[)cn to severe eriiieisni. It looks as if, in tliis matter, we re|)\idiated all our tradilionul
and sterling maxims of international olili;;ations, as if we liad substituted for our old
trusty and trusted moral L'ompass a new one, and lliat one subject to tbe most astounding
variations, aeeordim: to locality— variations eclipsing in scope any similar [lerformana' di
the mariner's compass. Witlun certain moderate limits, there may be as •,'0(k1 Ideal
reason for the variations of the moral eompa>s as for those (d' the mariner's instruiniiii;
but an absolute turning; end for end, an invjrsion of north and south, of rij^^ht and wcdiii;,
the claim that a i;cneral principle of law has one eil'ect here and the opposite cRl.t
elsewhere, will not be aceept(,d, in either navitiation or law, by cither experts or niercly
conmion-sen'i^ [leople. ^\'hcn the eaiilain linds that the card of iiis co(n|)ass calls tliat
north wh'ch the sun in the heavens proves to be the south, you cannot fool tlie caiUaiii
into bclicviut; that compass. He will tell you that, thoufjh the needle is as ri>;ht as evw,
somebody has bi.cn " monkeyinsj; " with the card, lie will at once cornel the falsilieatiuii.
'J'hc sooner Uncle Sam {;oes and does likewise in this I'aeilic contcnlioii the better for ;ill
concerned, and [lartieularly for the international reputation of our country as an upriijlit,
a I'air-dcaliiij.', a just people.
(Signed) KoDERT HAYNtU.
No. 201.
Colonial Office to Foreign Office. — {Received July 27.)
Sir, Downing Street, July 27, 1880.
WFTII reference to previous corresjinndence, I am directed by I.onl Knutslbrd to
transmit to you, to be laid before the .Mar(|uis of Salisbury, a copy of u de.-.palch from iht
(iovernor-General of ("arada, with its inelosures, urf^in^' the desirability of such steps \mhi
taken as will secure reparation for the damages sustained by sealers of the Doniiiiiuii,
in consc(|ueiice of the seizure of Canadian scaliiiij-vcssels in Behring's Sea, and tbe
withdrawal of the claim advanced by the (jovernment of the United States to exclusive
jurisdiction over the waters of that sea.
As Lord Salisbury is aware that a eon^idcralile delay has ooenrred in the preseiitatiin
of these claims, ford Knutsford would sugL;est that the claims should be presented to the
United States' (lovermnent at an early date, unless there are strong reasons of policy
against this course.
I am, &c.
(Signed) ROBERT G. ^V. nERI5i;KT.
Inclosure 1 in No. 201.
Lord Stanley of I'rcntou to Lord Knutsford.
My Lord, Neiv Richmond, P. f^., June 12, 1889.
Wri'Il reference to jircvious correspondence on tlie subject of the seizures ot
(.'anadian sealiii^-vcssels in Behring s Sea, 1 have tiie honour to forward to your Lordsliif |
a cojiy of an approved Minute of my Privy Council concurring in a Report submitted by
the Minister of .Marine and Fisheries, who deals fully with the whole (picstion of tlu■^e I
seizures, and strongly urges the cksiiabilily of such stejis being taken by lUr Majesty;
Government a.- shall necure full lepar.ition iiiir the damages sustained l)y Canadian sealeri,
and the retraction of the claim advanced by the United States' (jovernment to e.\clu>ivf |
jurisdiction over the waters of Bcliriiig's Sea.
1 have, &:c.
(Signed) STANLEY OF I'KLSTON.
2f)3
!RT HaYNEK.
[ncloHiire '2 in No. 201.
Ilfjinrt (if II ('oinmilire of Ike Honoiiriibli: the Privy Council, approved bi/ his Exci'llrnnj Ihf
(tiivcrniii-fli'iirnil in ('jiunr.il on Ihr ilh Jinir, 18S!),
ON ;i llcporf, ilali'd the L'7lli Miiv. MHIl, from tlu; Minister oT Murine and l-'islicrics,
iltin'' the t'ollowini; rusuint' and r(rotiinii'ndKtii)n n.-latiriL' to l\w Caiiudiiin vessels
siihiii
-ci/rtl III or
tinlcictl nwav (Voni flio n(diiin'''c Hea l)v IJiiitcil States' aiillidritics.
I Ihr back as tlie month ol' Scptcinlier l8S(i, tlic (.'anadian (iovi rnnieiit lirst called
.ittciiiion of the Imperial authorities to (hi', action on the part of the United States, and in
I .Minnie of ('(miieil a|)])roved liy your lOxcelluncy on tlu^ '-".(th Niivemher, |f"H(), the
{|i"iiiv was then e.\|iressed that iminedinto re|)aratioii should be (lumanded for such wanton
,mil iitijii
;litiai)lc acts.
On the '2!lth Novendier, lHis7, a .Minnie of ("onncil was approved hv voiir Kxeeilcncv,
ill wiiieji the revi
ised
!)f the owiK'rs of tiie schoonci
Tl
lorntoii " and "Carolena'
arc stated in detail, and directiiitt that the claims should he forwarded to the Secretary of
Stiitc li.r the Colonies for transmission to the United States' (lovernnient.
On the 20tb DeccmbiT, 1887, a further .Minute of Council was adopted having
rpfcrciirc to the claim of the owner of the seliooner " Onwari
and recomniendnu
that
lor d.
luiuiLces he forwarded in a similar n
manner to llie (lovernnient (A the United
a cliiiiii
States.
These vessels the Minister is informed arc still laid up on the heaeh at Ounalaska,
and are in an advaiieecl sta^e of decay.
On the .'jOiIi Deecndier, 18,^7, ii subse(|uent Minute was adopted by the I'rivy ('onncil,
iiiuiii:; reference to the claim of the owner of the schooner " Favorite," whieli vessel
IS
leliniiif, ort
■dered awav hv iho United
was, on tli(! L'nil Au:,'ust, IHsf), while seaiiiiji; in
.*<tatLs' K( venue-cutter "Corwiii "' under threat of seizure. A claim for (lamai;es was also
traiisinitlcd in
th
is case in
lik
e manner as in iithei's
nl tl
A Report WHS adopted on ilii; .'iOlii December, 1S87, haviiiK refcreme lo the seizun
le scliiioner
\V. I'
,d .lulv. 18S;
Savuaid," i»tli .lulv, i8S7; "tirace," 17th Julv, 1^>>7
' Dolph
i^tii .lulv, \hh:
'Alhed Adams,' fith Aiimist,
'Ada." ■-'■"lib August, 1887, and cinhodieii the claims connected
th
erewitb
which were reeoiiiinenilcd to lie ioiwarded liii'Jimh tin: iinperial (lovernmeiit liir iiir.nediate
Sfltleiiuiit.
Further revised claims lor personal damages, for illegal arrest and impii>.)nmciit weiv
lurwariied under mi approved .Minute of ('ouncil of the 12tli .lanu.iry. 1688, to the
iniiCTiii
ii (;
nt in connection with the seizures in the vear 1880, as tollows : —
the presentation
[iresented to the
L'asons of policy
. HERBERT.
I lulls (iultoriiisi'ii, iimsUr
Henry Noriimn, rantc ,
Jiinies Ogilvip, innstcr
■Iiinics lllnck, mute
Ibnii'l MuiiriH', iimstcr
■lohii Mnriidtirli, miitc
Sihniinir '* 'I'htirntini'
Schnoncr *' Citrolena.'
Schooiur " Oiiirtinl.'
lJullur».
. . 1,0011
. . l:,.)00
. . 2,500
. . '-'.'lUO
1,000
. . '_'..')00
ir I'KKS'i'ON-
The personal claims ot' the masters aii.l iiiate.s ol the vessels .seizul in I -■87 were
H'loiiiiiiended lor transniissioii iiy a Minute ot ('oiihcil ol' the iL'tli .lamiaiy. I>>'S, as
IoIIdws ; —
.1 l>. Wuiroii, !ii,isler
.liiliii itcillv. i.iato
A. II. I,a;:iL', iiKitr
I.nuis OKcii, inastL'r
Mifli:icl Ki'il'i' iiiiiti?
Williiu. IVtIt, miiatci-
','lKirlis A. Liultji'r^, mat*'
Siltonuer " W, /'. Sai/uanl."
S'huiwr " .iliin: J'ti/:,"
Svhni'Urr " firacr.'
llnlhllS.
'J.r.:i.'')
I. Olio
'J.iioo
1.000
■.'.000
1.000
■-',000
•J.ooo
<>
^^^
^
oJV^
IMAGE EVALUATION
TEST TARGET (MT-S)
4
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1^ Ak^^
y.
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1.25
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— 6'
|28 1 2.5
iU 1 2.2
1:° III 2.0
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Photpgraphic
Sciences
Corporation
iV
23 WEST MAIN STREET
WEBSTER, N.Y. MS80
(716) 872-4503
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964
Oiii- v(s>.(.l was rcli'iisid on tin- l,")lli Miiy, |Ss8, under a lioii'l, viz., I he M'linumT
" \y . I'. Siiyw.iicl ;" tlic owners ol t!i(> oilier vcssi'ls (except the "Ada" lor winch no
owner cdiild tie found) considered that the nn|iriii«eiiient wa* liir!,'ely in cxecs-i (if tlic
value of tlie vessels.
Tlie Marshal of tlie rnited Sl.ilci' Court was al<o ol that ojiiiiion. and a rea|i|irii<c.
ineiit was sought from I lie .\inerican Cioveriiinent liut riluscd.
The .Minister lias recently lieen lulvised that the s( lio<iiiers •• (irace," " .\iina liiik.
" l)ol|iliin," and " Ada" were sold liy direction of tlii' I nited States" (ioveriinient mi tin
liGtli March Inst, fiie cargoes, supplies, iind outfits of all the seized vessels liaviiii; liccn
previously disposed of.
'I'lie .Minister further 8ul)init!> that in a dopatch irom the Colonial Ollice, under datt
the 'JiMli March, lK,ss, sialini; that the Liw Ollicirs of the Crown were ol the o|iininn
that "ill respect of the schooner ' I'avoritr,' wariud to <casi> operations under threat t
seizure, the siiii|ile i|ue-lion i*- >'. luther the threat was intended to lie put into lurce, aiij
whether >lie lioiiii fulr cea^^cii to li>h in eoii'-etpieucc. Toere can he litlls' douht that iidiii
(piestioii- would he an>'"cred in her favour, ami in her ease also, a claim shoiilil he prc-Hd,
tliouuh the measure of damatis will he dillcreiil Ironi that in the case <il the other vc>-v,|.
and would, in the ahsenee of >-pe('ittl eircuinstances, be the actual loss occasioned liy rciiwii
of |l (' iiitcrru|itioii of the (isliini;."
'I'he same despatcli relerriiiif to the cases of the " W. I'. S.iywnr<l," '"(iruce,'' "Anna
licck," " .\l(red .Adams," " Dolphin," and " ,\da," seized in the Hehriiifj's Sea durini; tl,r
season of [•'BT, say-^, upoTi the liiets laid hefore the l,aw Olticers, tlieie -eizuris werr, 'a
their opinion, uiiw.irranted, and the el.iiiiw for eoiiiiMii-iilion can he pressed.
It may here he naniioiied that in the case of thi' " Allred .Aiiaiii^" the circuiiistanc(.
arc somewhat exceptional. Tliis ves>c I was seized, and ordered liv the I iiited .'slatt.
iiuthorities to rejiort to the L'liited Stiite>' .Marshal at Sitka; in>tead ol wiiich ihe captain
sailed for Victoria, tha> cseapini; dctentiui) and loss further than that of hciiij; ol<li;;e(i Iv
rcliiiipiish hi- Mlin;; voyage.
'I'lie .Minister de«ires to draw attention to Oie coneisi' and forcible presentation ol tin
Canadian case .ii;ainst the I nited Slates eonlaiiied in tlie de^|).lll h fniiii hi-- LiiiMiip tit
.Maripiis ol Salishury to Sir Lionel Saekville Wot, under date the l(»tii Septemhir, \*i<.
wherein Lord Salishury d'aU with the claim set up hy the late .A.hiiiiiis'iatioii of tin
Unite(l Slates to the autlioiityol th;it i wuntiy in tlie l!ehrinL;'s Sea, under the Treaty i.l
Cession with Kiissia liereinaner mciitiuned, iiicluiliiii; those waters at a <listaiice Iroiii lai.';
far in excess of the ordinary limit ol maritime juri>dielion.
The Manpiis of Salishury, in that despatch, reiiuirks : -'Nearly four months hair
elapsed without anv ilefiiiitc infonualioii hein;; lurni>lied hy the United States' (Jovcri-
nieiit, as to the grounds of the seizures. My iiredecessov in-truetcd you on i!
Htli .(aniiarv last, to cxpic-'S to Mr. IJavard the (.incern of Her .Majeslv's ( lovcrnin lit ;:
the delay, and to w^r the iuimediali' attention ol the I'nited States' (iovertiinent to !::
action of the .American authorities in their Irealmi lit of lluse vessels and of their inii:<tfr-
anil crews." And a^niii : "Her .Majesty '< (loveriinieiit have (aretiilly coii'-idereil tU'
transcript reeoril of the judicial proeeediniis in the Ciiitid Si.iUn' Divtriel Court, in ll-
Rcvernl cases of the schooners ' ( ■arolena,' 'Oiiwanl,' ;iiid ' riioiiitoii,' w hiel: "eiv cimi-
iiiiimcatcd to you in ,luly, and were tran>niilled to me in your despatch No. lllfioftlK'
rjlii ol that nuintli, and they cannot tind in them any justilication lor the coiideiiinatiiiiHi'
those ves>-els ;" and eoneludint; his despatch hi- Liird--liip liirtlier slaied : "Her .Maje-tv-
(iovernmelit ti el miic that in view ol the eon-iia ration- which I have -it loitli in Hi-
despatch, which you «\ill eominuiiie.ile to .Mr. Hayard, the (Mivernnit lit ol the I'liili;
States will admit that the -i i/urc and eondeiiiiiatioii of Ihe-i' Ihili-h ve— el- ami ti.i
impri-oiimeiil of their ma-ters and crews wen; not warriiiiled In llic eireum-laiiee-, t ■
that tliev will he ready In all'ord rcasoiiahle coiii|ien-alion to those wi.,> have Milliini 'i
eoii-ei|ueiier, and i-siie iinmediiite iustnictioii- to then iiav.d ollicers whii h will prevent ■
rceum-iiee of these n-yrittahle incidriits.''
Three years have now almost pniised since tin .\mericaii (iovernmelit were apprisui*
the remonstrance on tlii' part of the IJritish (Jovi'iinneiit a^'ainst the cliiiu set up ^•■
exclusive juiisdielioii in the nehrim;'s Sea, with |iraetieall\ lej re-uit ollui tli.iii the viilm
and ciii.linual exelu-iiii of Canadii.n sealers troin li.ose oiien waters hy the (ioverniiiiiit o!
the I'nited Slates.
Constant iinpiiiy has heeii made of the Canadian Government as to the pi-csci;'.
condition of the cliiiins of Hritish suhjects in Canada tor the damage and losH buslaiticd I'}
the unjiistifiahle action of the United Slates' authorities.
The Minister regrets tliut he has been u'lle tu give iiu other aiiitwer to these in(|Uirie)
Htr>
lli;iii I:) say that tin; claims uit still liuiii^ ihci^lmI ujidu the atti;iili<iii dI tlic L'liitcil Status'
(idviiiiiiifiit, liiit thai no scttii'iiicnt has lii'cn nirivi-d at.
Till- Minister iil' Marine ami l'°i>lu'ri('» i^ inrdi'iin'il liiui the laihiri' to ohtaiii >a'.i->l'actiun
ha- alr(M(ly rfsulli'ij in I lie linancial cailiarras-nicnt anil lailiirc of Ciplain Warren, of
Vicliiii I. Hriti«li Colinnbi., oiii ol the owiu'r-^ most lari;i ly interustcil in the seized ve>scls :
wliilc tlie ■ealiiii; in(hi«\rv, --o lar as Cinail.i is loi.ci'i'iieil, wiiiiii was heri'tufore pro-i'eiited
Hilh iHiisiiliraiile ad\ant.i','e lo laiioni' and (a lilal, has lu'conut enlir ly |i iralv/ed.
IK' Inrlher ol)M:rves that while the argument advaneed hy the liriliih ( iDVciiMiienl
Iiiufliin^ tin' riuhls of llnlii'!i •.ulijeets in the ojieii waler- of IJehrin^'s Sea lias not hien niul,
ii'.'ciit exiire-.innv and aeiiiais on the |i..ri ol nllieials and of the authorities in the I'nitid
Slates toueliiMi; liie HehrinL''s Scii.t.iken with th(r si i/.ures of liiitisli vessels alreaciy rclerred
te, iitiord a reasonuliie K'ronnd tor the lielieflliat the Kevpiiue-eutters ol (lie United States'
(!uM'riiin> nl in I hi' waters in i|ii( -l.on will eonlinne lo treat these wnt'-is as elo.-ed. (Jrcat
(J;iliia:;e iias tlurefoie not onlv hei'n siistuined, hut is now iieini.' sutiired, hy Hrili-h -u'ljeets
III r()ii-ei|iit nee ol (heir not daiiiii; ti' risk their peisons and proprifv in these waters in tlie
alinaee, not only of a settletmnt ol' the ch. ins already exi--tinu', hnt witliimt any positive
as<iiraiiee troiii the Kritisli ( rov( iiniunt that, in thi' event of loss or daiiiaijf a^ain oceiirrinu
to them in tli(M)|ien waters of the lli'liriii'^'s Sea at the liuiidsof tiic United States' authorities,
aiiiple redress will he ol tiiined tlurifor.
The Minister oh-erves that the lease jcranted hy th>' United States to tlie Alaska
Cointnereial Company in AiiirnHt 187" i;ave that ('omjiaiiy the rif;lit to take seals on the
islands of St. (ieorL'e and St. I'aiil only.
It appears that it is ehiimcd hy the United Slu s' authorities that tiie supjily
on these islands i)('t,Mn to diminish in coiiseipii'iiee of the nuiiiher killed and taken in the
ujieli sea.*
In IS"!! u Notice was p'lhlished hy tiie Treasury Department at Washinj^ton, eallinp^
attention to section 1!'.'>T of tlu> Revised St iliites of th,' United States foi tiie purpose
apparently of pmhihiting Aiiieriean i-ili/.cns irom mterlerin;; with the rights of tiie Alaska
Ciiaiinereial Company unler its Contr.iet witli the United St.iles.f
NotwitlislandiiiL,' the statement in the Report ol tlie Committee o:' the House of
l{i liiesenlativisj hereiiialter rel'erred to, "that .Xnierican citizens respected the law and the
|nililislied Notice of the Secri'tary ol St;ile ol the Treisurv, and made no attemiit to take
-I as," tJu! list ol seizures appi'iided to that lieport-;? shows that an .Anieiican schooner was
scizlcd in 1S,><(> and sev'ii Ameiieaii -choonei- were scjzed in |ns7 for tie violation of the
M(ti(pn (i| the Revised Statutes iiiciilloi.eil in the Notice.
ke Hehiiiii;'s .s^ea
''rlioriiton," '
a until iliiusuin
' Carolena.'' and
The hold attempt (jf the United Stales to inal»e
ocdirred in IHsil hv the seizure of the Hntisli -chooner'
•'Onward.'"
It will he reniemhercd that in |Hs,7 .Mr. llayard wrote to Sir I.. S. Saekvillc West
rclerriii^ lo the Alaskan waters and the Uei;ulalions and Orders to United Stales' vessels
to protect them as follows :--
" 'I'lie Laws ol the United Stales in ihi» hi halt arc contained in the I'veviscd Matutes
rchilinu' to Alaska in sections I 'J.-ili to 11(71, and li.ive heen in lone for upwards uf
• \e iteen veais.
The qnesiiiii of in^ti iclioiis t<i (loveril i ciit vessels m r. uaid to preventiiiL,' the
iii':i«eriiiiin:ite killiii" of Inr-seals is now I
leinic eonsKieivd, an;
I will
iiiioriii \o'i iit the
iMiliest die, possihlc what has heen decidid. si» Unit liritisli and ollicr vessels visilini,' tile
wall Ts in ijuestion can ptverii themselves aceordin>;ly.'"
The .Minister is not aware ihiit anv inlormatioii has h> en <'uininuiiicateel hy tin
i-lary of State Departini'iil of the United Stale,>' ( iiniMiiinent as promised, '■ so that
iiii«h and other vessels visitinu' Ih/ waters in cpi; >tion could i,'ovcin thdiisehes accordingly.
ill
Inn the followinu' Ci
'PI"
to have lueii i-,iued in ^^ asllingtoli in ihe ye.ir If^Sjf; —
'l)t
T,
I Dfjini liiirii
I. Ojfi'
'>/' llir Sirirliini,
ir .'S||,
Wiisliiiiijlwi, I). C., Mrnli j. IHM8.
Kelerriii;; to the Deparlment's letter lo you ol ti>e Kith .March, l.'^stj, eoncermni,' ili6
"lope ot the ji'iisdielion ol the Unile.l States ovei liie waters ol the territory of .Mask. i,
and the prevention of the killing ol fur-seiils and other fin--l)earin,n anituals within such,
id a. deserihed hy Ch iptcr .» of Title '.'U id! he Revised Sfatutis, you
give puhlieity lo tiie matter, so that any parties who may
are ay;ani reipies
ted It
i'unteiii|>latiii^ the littin^ out
[l'JM|
lli|inrt .\n .ifis.i II. !(., .)U I'liimri!.". s,.,.i,in i. Appi'mlix (A).
t Ai.n lulls III) Xpril 01
li
n N... asHi II. i:
I"
ri'»., Seiluin '. |>. .1, \|i|i.'ii.lu (\),
^ .\|<|»'iiilit (( I I'.thiliil (.'. Ill uliuu' Uc'|>iirl.
M
26fi
of txiu'ditioiis to kill fiii--.('jil< in (lie snid wrttM-. iiuiy liiivc (Im- ;iii'l timely notice of the
rc(|niri'iiu'iits of thf IStalutc in tlu' prcmisi's. us constiutd l)V the l)r|iartiiii lit.
(Sii:ncil) '" L. II. Mayn.M11),
■' Asxi.slnnt •Srcnlnrii
"(.'oilcctoi' 1)1' ('ustoins, Sim Fniiicisro, Ciilitoiiiiii."
Atlcnfimi is caili.l to the la-' wonis ot the loie;;()iii!,' (Circular.
The " coiistiuiiiL: nl the Departiiient " may he ascertained hy the seizures under e
on-
Hidrration.
Ihe .Minister would Imliier draw aliintioii to the Uiimrl of the tloveriior of Al.nka
not assort ex(:lui>ive jiirisc
iietinii
for the year IHSS,* wherein he arijues that the Uionopely ot the seal fishery in lU'hri
will he lost it tlie («overnnient of the United States doe-
beyoiul the ■'l-milc limit.
Ill this l!e|)ort. alter ixprcssiiiir his tear that the British sealinir-vessels will asxaiii
visit the o|)eii waters ot |?ehiin::'s Sea, and eaptiiie se:i|s, the ( iovernor calls for an annonncf-
inent ot thi"(i()liey and deterinination o( the 'ovciiiiiunt in the matter ot their |iro.
tection,"
Sul
)se(]iieiitlv, aiul (hniiiir tiie
■.(III
1 >e-sir)ii o
-Oiniiiittee o
n .M
t fhr House ot' Re)ii( seiilatives, lln
'II tin
l'"i-lKries w»> dincted "to fiillv investigate and lennit npi
1"
Iiatuie anil extent ot llie ii<;hts and interests of the L'nited States in the tnr-seal;
d oti
lor
tisi
leiies in the HeLiiinr's Sea in Alaska; whether anil to what extent the sn
had
violated ; and hy whom : and what, it .-iny, leirislution is necebsary for the heltcr protection
and preservation ol the same.''
The Coinmittee re])niteil+ ii|ih(.](iiiii; the elaliii of the L'niled Stales to jurisdiction
over all waters and land ineliided in the Treaty of Cession by Uussia to tlie l'nited Slates,
and eoDstniinL' ditterent Acts of Congress as coniplelini,' the claim of national territorial
riulits to eov
Til
er the o|ien waters ol hi lirini
•a outside of the .'i-mile limit.
11
e e(<ii( liidin'j poi
lion ol tin Hiimit, ainoiii; other tilings, states as follows; —
lat tlie ( liie
riroducts of the l)eliiini''s Sea.
I oliie(t of tic purchase ot' .Maska was the acquisition of the vahiaMr
)f Alaska to the L'nited States, Russia's titk- In
"'Jnatat the date ol the ccssi
Jkhrin^;'s Sea was perfect and iindi-puled.
"That hy \irtiie of the Triaty ' f Ccsr-icn the L'nited States ciiuiKcl eoinplcte tiilc to
all tlial portion of nehiin':"s Si a situated within the limits ])resfrihe(i hv lh<' Tn'aty.
The I
Li
oiiimillee herewith icpor
rt a V,
iiif:
necessarv amei
idnientsof the existin;;
,aw lelafmj: to tlie^e suh|ects, : iid reconinii ml its piissa;;e.
Jleicvith appended is ;i ci.py o| the Hill II. I\. li.',4;V.'. introdiiee.'l as directed hy this
Report, tenelhi r with an extract (mm the " Co'i^n -sioi.al Record " ichitin^ to tlie saiiii' §
'ihe I'roelanialioii of the I'resident o! the l.'iiitcd States was issued on the 2l«t
A'urcli, If^Sit, of which a e<)|)y i.s appended to tliis Report. ||
This Proclaiiiation lukes the place ol the Notice already (juoteil, first recitiiiL'
lection l,!»ii(i of the Revised Statutes and then sectinn :< of the Act, entitled "An .Ad
to provide (or the I'rolection of the Salmon Fi-heries of Alaska,"^ which is as follows;—
"Section .'{. That section I. '.I;')'; ol ll'.e Revised Statutes ol the United Slatis i-
hereby dechiied to inclm e aiiti apply lo all the doiiiinioii of the United St.itcs in tin
Waters ol Rehtinu's Sta, and it shall he the diitv of the I'resiilent at a tiiiiclv seiisiiii in
each year lo i»>ue his I'roclaieation and cause the saini' to be published lor one month ;it
least III one newspajier lif any such there he> [iiibli-hed attach United States' port oldilry
on the I'acilie Coast wariiiiif;
the Waters lor the purpose ol
lid section, and be shall also cause one or tnore vessels el
liersons ai;iuiist enteriii!;
violatint; the provisions of tin
the United States to itiligeiitly < riii/e in the said waters and arrest all persons and seizi
all vessels I'oiind to he or to have been engaged in any violation of the Laws of the L'liitcl
States therein."
Then follows the wariiini; as in .Appendix (marked !•>).
The Minister desires to hriie.' to tlie imnicdiate notice of the Hritish (iovcrnmcnt tl:i
forefroiiif; to show that while tin- wronu's inliieted h'. the Ainei
authoritii
IMIOII
roiii
Ihf
subjects ol Her Ibitannic .Majistv still u'o unredressed, insttad of withdraHiii); I
position assumed by the l'nited States in iHSfl.the (jiuveinmeiit of that country threaten'
to renew thn illegal acts complainetl of.
AplHiKlcx (1)), '■ II. poll ( t Oii\( ri:or c.t .\Uiil.n lor ll-iiil yav IfSS.'
I Ui'i'iri No. .•.f*~;i. !>(i ( (iiigifK",
•J. Apiriiclix i.\ , .Vluii'l, ail, IblJ!)
• Hill, II II. \2A.\'i.
^ .Apl'i'pil'x ( A I.
I'liil'liilii.ltlDII. Miiirli ;^l, I8MI, .\|iprilill\ |K).
^ Appiored, M,ucli 2, IbHU.
267
issia's title to
IJidt'i- tiii'su circinnslances it {.-< not. sui'inisiim that the piihhc niind in Canadu lias
|i,((iiiii- cvciud it mil iihiiim'd liy cvi ii ihc ii|)|)(MniiK'c of (hliiy in olitaiiiiiiL' lull coiii-
iH'n>:iti<ni tor the iiijiiiiis done to lliitisli >iiliji'cls ic-idiiiL: in lhi> |)oili()n nl tho Kni|iirc.
Advcilinif a'/ain to ihc Kcport ol' the (Joniniitli'c on Mariiif and lishcrics of the
||(iii-f ol l<i'|iri>s('iitativ('s, the Alinl>t(-i (ha's iu>t deinii it nccissaiy to riview all the
I'diicliisivc an^vvcin which have Ixen t;ivtM to the i;i'oiind taken hy said ('onimittc e, and he
i« i;lad to rccolleel tlial the Miitisli (jovernnienl has never enteitained donht leu'aidiliL' the
ali-(llt'e lit' tiie .slii^ti St jiisliliealiun i\)V tlie seizure o( ihe ('aiuiiliaii \e—.els.
lie niav, however, he jieiniitted to reler to liie ai^iuniint ol the ( 'oiiJiiitlee ol Maiiiiu
ami Fisheries helore adverted to.
The eoe.tention ol the ( 'ormniltee was that llie only (|iiestirin ever rai-ied Ixtween
|{ii-~ia, Knuiand. ami the I'nited Stales re^ardii'ic niinilimc |uii> iii lion in ll:e l'a<Mlie had
ri'lrrcnc(! to a seetion ol the coast of the North I'.icilie Oeeaii, ami . iilireiv remote troni
lii'lirin.u's Sea,
L'|ion this tlu- Minister nhserves that ihe distinuMii^heil American jurist, Chonccllor
Kciil, did not so con-ilrnc the letter of Mr. Aiani'^.* On the suhject ol" niarr ilniisiim
III' -ays in hi-; ('onimenlai ies : — f
" 'I'lie claim ol dominion to (lose or narrow >cas is still the theme of iliiens.--ion anil
ciinlroversy. I'lilleiidorl admits that in a nairow sea the iloiiiiiiion of it, and Ihe ii.:lu ol'
ti-liini.' therein, may lielont? lo tiej ,^iivereii,'hs ulllie ailjoiiiiiiu sImtcs.
•' .VeiordiiiL: to ll.i; current id' modem anthority, the sicneral tcrritoiial jiirisdietion
I'xtuids inio the sea as far as eannon-sli it will reach and no larlher, and this is ;;eiierallv
lalridaled to he a inarine leairne, and lie Comiress nf the I'niled States havi- reeo:;iiizi;(l
tills limitation iiv anthori/.ini; the District C^ourts li> take coirnixance nf nil cn|iturcs made
wiiliin ,1 marine leafjne of the .American shores."
\i:d with relerence to the letter of .Mr. .\dam-, he iuiIIkm' says : -■
"'I'he claim ol Kiissia to sovercii;nty over the I'aeilic coast north ol the .')l-t dei;i'ee of
latitude as a close sea wa.s considered by 'air fiovcniineiit in IS'^J to lii> iii;aiii>.t the ritrhts
111" other nations,'"
ill Kei;ulations under the Uussian Ukase of I Sli I, which led lo Ihe correspondence
rtl'iried to. Russia cxpussly |iretenils lu uraiit exclusive coiiiniireial and tishinir riu'lits to
Kiissian snhjeets " Iroin Ilelirin^''s Straits to the jlst decree of northern latitui! ■ : also
froiii the .Mciitiun Islanils to the eastern coa8l uf Siberia, ii» well as along the Kurile
l-hiniU from nclirinu''s Strait to the sonik capo ol the Islanil of Unip, viz., to I.')" .lO'
liiiitlieiii liititllde."
< 'riliei/.iii;; this, .Mr. .Xdains said :— *
" To excluile the ve-se|s of oiir cili/cDs Ironi Ihe shores heyoiid the ordinary distance
to which till' territorial jurisdiction cNleiids has cxciled still LMcalir surprise."
The letter of the t.'nd .\piil, H'J'-', from .Mr. I'olelica to .Mr. .\danis es|)ecially shows
lliai the lont; .•ontroversy from l-'J'-' to l^sfis jiciwcen the liussian and American
' "iviininciits wa« not coidined, as the Committee of .M.iiine and l'"ishcries says, •' to that
•ii'ilion of the coast and waters of the .North i'aeilic (Jeean lielwccn the .'")ist parallel ol
iKiitli latitude and .Mount St. Ellas and east of llie Hist meridian." since in it, after
iMi'leavoniini; to prove Ihe title of ilussia lo the iioi th-wcst coast nf America from Hehriim's
Siiails Id the ;">|s| de'.:ree of north latitud , Mr. I'ole'ica says ; —
"111 the name manner the L;reat exlent of Ihc I'aeilic Ocean al the (1st dcixive
of 1 ititude ca'inot invalidate Ihe rinhl which lliis-ia may have of eonsiderini; that part ol
the ocean as close. |{ut as Ihe Imperii I vlnvetniiienl lins not thoiii;ht lit In fake
nilvaiitai;e of that ri^lit, all further discussion on this siilijeet would he idle.'
Keleieiuc call af,'aiii lie made lo the letier ol .Mr. .Vilams lo .Mr. I'olctica.ti wherein he
.slatoi: —
"With reijani to the siiigchiioii that the Russian Ciorerniiieiil iiii^ht have juslified
il'i cNcivisc of sovereignty over the i'aeilic Ocean as a close sea because it claims territory
liilli on its .\inerie.iii and Xs'atic shores, it may snilice to say that the distance (roiii s||,,re
t'l shore on ibis s-.-n in latitude .')! north is not li'ss than IKt of lonjiitude, oi 4,((l)0
mills."
And lo the letlei (if .Mr. Adams to .Mr. .Middleton, J the .\mciican l{e|)roscnfati\e in
Kiissia wherein he remarks : -
• Kroin the tenour of tin; Ukase, the pretensions of the imperial (iovernment extend
[1281
• .March ;iil, IHSJ.
t " Ki'iit't' ('oiiinn-nlnns-. ml i, pp. JH mul 'M). l.'nli tdllioti.
I Mr. Ailniii- to Mr. I'hIiImi, Fibruai-.v Viii, I»i2.
$ Mnroli JU. I H 1'.^.
I July -JJ, 1»S2U.
2 M 2
208
(o m rxrliisivo (ciiiforinl inri^diflidii frntu tlic -l.'tl; (Irjrrp of nnvtii Intitiif)'', nn Mi" Asintic
const, to till- latitiiilf 111 ol iKirlli, nil III wotcni I'liiisl dI ||ii> Aiiicricim ciiiiiinoiil, ami
tl
lev
lime llic rii'lil ol iiilrl<:i(liiiu' the ii;ivp'jiiti(i;i iiml ill"
ti-li
>l ill! citlh-i' iiiitioiH t(i
t!if t'.\t( 111 ol lllO null's liom the xviuilt' of that coiisl.
"'I'hf I'liitcd Stiik-i ran a(hiiit ii-i imrt ofthc'^c rlniins. Tiicir riaht tS iiiiviuniioii and
oftishiiii; is pi'iiict mill lins lircii in iiinsi ml cxi'icise Iroiii tlif iMilifst times, uftcr the
I'ciiCf of I'iM, lliiom;lu)Ul the wlicijc cxtiiit ol till' Soutlu'in Ocran, sn'iji'il oiilv ti> the
• iiiliimvv I xt'iiiplioi'.s and rvrliisions of tlu' Kiiili)ii;il jnii^dictions, wliicli. so lai ..* Kii^siuii
riitlits
and h
an.' coiiccnii cl, an' coii'iii
live ho I
III I'l (I'ltain islaiiils iinith of tlic '>■'>[}) di'i'iei- of latltiiiii
\iv|. nee 0:1 till' contiiifnt of America.
Sulisiinu'iillv
Mr. !•
oiNvtli, Sc'iTcfarv of State at \Vashiiii;toii, wrote Mr. Dallas,*
from wliicli is cvfriictcd tlic foljouin'.^ pa'-sai;!; : — •
The Ihiitcd .'States, inairr
I'cinu no
t tn fiirni iicw i ^tahlishnicnts to the north of lalitml
:it
.'i4'' 40' north, made no acl<nowlidt;ii;cnl of the risilit of llnssiii to the territory nliove th;
line. If such an ndmi-sion had he 11 iiuidc, I'lissia, hy the same con-tructiDii ol tin-
.\rticle referred to, nmst have acknowlcilLrcd llie ri^rlit of the United States to the leiiiturv
.south ol ill!
i'si<;n:iti
r>nl lliiil Uissi.i did not SI) understand the .Aitiile l^
liril
i\elv iiiovrd liy her having? entered into a similar Aiireenunt (Ih'2.')) \viti| (lic.it
ill that iiistiiriieiit the rJLclit of ^)oss(•i^ioll iil
nn, and li.i 111,;, in lact, aeknouiri
lie same teiritoi"
liv
< I real l!rit;;in. 'I'he I'liited States can onlv he considered
•cknowledi^'iii;.; the ri;;lit of Rn-sia to aei|uiie liy actual oeenpalioii a just claim to
iinoceupic I lands
ibuve tlie latitndc 51° 1')' north, and even this is mere matter of
inference, as the f'oiivention of 1 Si- ^ contnins notliin'.: nioi'e than a neijation of tiie ri|;ht
if the Unit' d Slates to (iccujiy new points uiihin those limits,
" Admittiiitr tiiat this inference is jnst, and was in contemiilation of the parties to the
convention, it eaim
)t folli
that till! United Stales ever intended to aha
nilon the |usl
)f nat
ions, til
rij,'lit aeKiiowledL:ed by the 1st Article to heloni; to ihein under tile law
tVeipient any jiart of the unoccupied coast of North .\mericn (or the purpose of fishing
tradin-; with the natives."
nr
The (
omniiltee Imviii'' endcavourei
1 t,
tiiat the correspondence hclwpcn 182
Jown to the
Treat
V 01
I'ession with Russia had no reference to liehrinir's Sea, were
compelled to reconcile with their co.itentioii the opinion of .Mr. Secretary Houtwell, of thi'
Treasury l)ep:ntinent at \Vashiii;:ton, i,'ivcn on the iith April, 1H7:.', wherein he held that
the takiiiLt of ti
ils was tiof iinluwtiil unless attempted within a marine leauue of the
lore. .Aei'oidiiiLiiv, Mr. H(iut«ell was called mion to explain his previous letter, and llih
he has atteniiited to do.f
ft will he
rv( d, however, that, while Mr. Boutwell 1
io\- claims
that his lettd
1872 referred only to that |ioilion oi the Pacific sonlh ol th ■ Aleutian r.inye of isliiiiit'.
the letter is in reply to a direct (piesiion from the Collector at San Fiiinciseo, (oundeii U|)"ii
an extract I'rom a iiewsiiajitr.
This newspaper exiuessly states thai parties in Aiistndia are fitting out f'lr an
The Colleclor incloses Ihh
expedition for the capture of fur-seals " in iiehring's Sea.'' The Col
extract to Mr. Hontwell, and su^'nests that, as the seals reach St. 1'
I'-laiiils uiiirorinlv hv tlic Ouiiir
l>
iss and tliiom^li tl
aul ai.ii
narrmv ~l rails iieni
St. Ci'eorp
that jiii"
thai a I utter he pi, iced in the re.'inii of Ouiiimali Pass, where it could render Hint
ellicieiit service in ])re\entin;,' foreiu'iieis slaughtering fur-seah; in the water (>ii iluirff.v.
to the islands.
.Mr. li'iutwcirs leiler con\e\ed his opinion that ,1 Reve.iuc cutter could not protco!
the seals III till' narrow pass rei'cricd to, ^incc they went in pairs or sini;!) and not in
droves, and covi-rrd "a lar:;e rcitioii i.f water in their homeward travel to these islands,"
id lie added : " I do not see that the l.'niled States would have the iuiisdi.-l
(() dii\c I'lr parties g, ing up ilicn
a mailiie !ea'..'ue of the shore."
i.'lion or po«it
thai purpo-e unless they made sneli ut tempt withir
It is impo-sihlc, in the li^hl ol the (ui'scnt contcntiuii ol the United State-, Ij
upiiiise
that .Mr. Pout
uel
did not
ow tliat the ^laiii;hter of the
ill the water- tl
the lielirni'j s .Sea was the Icr
if tl
II! collei tor I'.iK
I that the sui;L!;e>tioii of the latter nii«ti)
prevent foreiL'ii vissels |iursuiiii; seals throui,'ii the pti'-s in (|Ueslion.
Niilwithstandii"4 ihis explanation, it
IS to he ohservcd that no vi
of any
kind
ever '^ei/.ed hy the .American d'overnmcut for violation of 'celioii Hi'ili. Revised Stiiiiiti*
hefore mentioned, until \^*^i, v\hcn outside ol the .',-mile limit in Pehring'.s Sea.
'i'he list ol seizures produced hefore the Committee is hereto iippended.§
♦ It'imtl .fCi
Sii\cinl.iT tl. 1H:17.
ilU'i- i'ti Miiriiii
A|>pcii(li<i (d).
anil i I'liirir^, p. 12,60 C'iilii;rr«p.
2. .S'li. ;!HS3, '\ppendix(F).
§ .\|i|M'niln I (')
2flO
'I'lic Minister of Marine nnd Fisheries feels nsstircd thnt nrpiimenfs such iis he )ins
nicrrid to ciiiiiKit do more thiin iiL'iriaviilc the sitiiiiiii.ii ami i\|)()sc tin- wcal<ni'«s of a
(laiiii (il jiui-diciioii whicli lor iiraily tlire<' years ilip (iovLMiiiiicnt ol' the United Stiitcs
li;ivi' hei'ii perinilted to maintain iiij.unst the interests and riijhts of Hiiti>h snl-jects.
It is to he refrreticd tlint siuiic of the h'aihns; Repirseiitntivcs in the Canadian
rnriiainent have aheady l)een indiieed to e.X|ire";« theo|)inii)n tlial tiie Urilisii (;o\crtini('nt
Would not aclividy proliet liie ri^h[< ol llritisii •■uhjtcts residiiit in Canachi in cases
wi.erdii the I'nilc'i Stales weie eoneernid, and while he, the Minister, hcjimr s such
ii|iiniiin to he entirely erroneous and unfoiiniled, he desire-, to express the hope that these
(Alieine view.-- nuiy lie in nowise .itrensjthencd hy any unnecessary delay in vlKorou^lv and
illcctively pres>iii;; the C'aiuidian elaini> aL:ainst the Aniericuii (jovernnient lor the illei;al
iiiKJ unjustitiahle action nou under consideration.
The record of the chmns havini: heen completed on the I2ih day of January, ISgt*,
:iihi then forwarded to the Imperial authorities, the Minister reconimcnds that tier
Miijisty'* (iovcrnnu'nl be urced to take such I'urtlier stt ps as uill jiroinpllv secure from
tie (i'lvcrnn'ent of the I'lnleil ^^tales not o(dy lull and ample reparation for the loss and
(l.iiiiairc sustained, hut also a cuniplctc ;ind innnediatc retraction of the claim of that
niantry to exeri i>e lAehisive jurisdii tioii oxer the waters of the I5ehrin;;'s Sea
'I he Coiiimiitee concur in the foreuoiii;: ic'-ume and recomi endation of the Minister
(ifMaiine iuiil Kisheiies, and they adxise that your l'"xccllency he nioyed to forward a
(•o|.y (it this Minute, together with the mclosures, to the Ui^ht llounurahlc the Secretary
Ol' State for the Colonies.
'I'hc Committee further advise that the llif;h Commissioner for Canada be directed
1(1 phice himself in pergonal cominunicatioii with the Secretarv of Slate, so as to afford
liiiii any furthvr information that may lie desired, all which is iv-pectlully suhmittcd for
vdiir KvcillencN 's approval.
(Signed) JOHN J. Mc(;i:i:. Clirli,
/'i/ti/ Cuiiniil.
A I' 1' i: .N ij I (; E s .
nwli Cnnf/n-.'o, 2ml .*4'«io/i, Jf /.' ] .1VV2 —(lieporl No. 3883.)
\S Tl\F. IldfsE "F liFPHr.sKSTATIVK.s.
.'iiKK.i.v/ :.'!•, IS.SO. — I'lMii iwii'c, vccoiiiiniMril In Hie ( 'uTiiiiiiili'.- on Men li.ml Miiriiii' luul Fislierios,
Mini nnlcri'il til ^^ plilltnl
s;). Apiiciuiix (F).
.Mr Iliiiiii. Iiiiiii llii- Cniiiinilli'c nil .Meri:lmiil Alaruie aiiil l-'isKt-rii's, npnltiMl thr fnlliiwili;; IMIl --
.( Hill ^. Ani'-it'l St<t,i,„ r.lO:! „/ thf Urriftd Sfalitln. and I; imn-ide fur !h h;lt, r J'o,lfi.iii'n v/ Hit Fui
Siiih tiiiil Sihiit'ii Finiierifx nf Alii.tkii, miil Jnr vther l'iiri>ii.ii.i.
UK It eiiiii'li'd, liy the Scimtc luiil llmi^ii' .if Itrpiis-iildtivi-i •>[ tlie I'liitid ."stiite.i nl' Aiiicrica in
I'lriLTi >:< Ms.-'i'iiilili'i|, I lull SCI ill 111 1 '.Hi:! Ill' tlir li'i'visi'il .SialiiU'i nt I lie I'liiluil ."-liili'S lie iiiiiriiili'il sn as In
iidil .H IiiIIkWS : —
■ .'si'L'tillll I'.Mi;'.. W lllilll mil' \1MI pli'il Id till' linn: ulna llir l.ior llilltofiiri' lll.nlc Kj' tllr SriTc-
tiiiy 111 ihr TvcMsiny tu ■ llic Alaska (niiiiiu'irial •'.•iiipuny ' nl tin- iij;lil tn <'ii;.'ii;^f in Idkiiij,' riir-^iMls
oil ill!' i.^liiii.ls 111 .SiiJni piiiil Mii\ Si. (lienor, piiisii.ml In tlic .\i I nf tin- 1st .liilv. IsTil, cliiipiir M'.i. nr
«licn any lutiirc siiiiiliir Icii.sc oxpiics m- is siinciKlircil, I'mrcilcd, nr trniiiimlnl, llie ScnciMiy nl' tliv
ll'i^ni V -liidl lease In pinpc r and li'spnll.silile pillties Im llie liesi iiilV(UltilL;i' "f tile I'llileil .sJlales.
Iruili'.^ I III" ieL>aii| In tile iiitei'i>sl- lit I lie I inyei iiiiieiit. I lie ii.ili\e iiilial>itaiit~. Ilieii ininrmt. inaiiiteiiMiii')',
■iiiil iiliie.ilinii. US well .11 In the iuteiesls nl' llie |iailie~ lieiclnluie eiiuM'-'ed ill tlie tliiile and the prnlt'i'-
tl"li nl' llie lislieiies, llie riv:lil 111 lukili',' I'ui-simIs nil tile islands lieicin liaineil, lUiil nl' selnliiii,' a ves.sel
"I \i— icU In ill.- i~|iiiiil- ii.i- llie skins nl' sill li seals, fnr llif liiiii nl' Iweiiiy veals, al an iinniial leiilal nl'
lui! !■ s than ."iil.dOii ilnllai^. In lie re^i'iAeil in siieli leas<. iind seenieil Ijy .i depnsil nl fnileil .Plates' Imm' .
'"iliiii aniniint ; an.l llie adililinmil sinn nl' nnl less ilu-.n :l ilnls. .'.Oe. Ini- em li fur-seal skin t.ikeii .'iml
«lii|.|ii..l liniii the islands nl' St. I'liiil and S|, ( lenr.je iliirini,' the inntiiiaiinie i.f any lease (n he paid inin
ill., 'rieii^iiiv nf till' I'liUed Stales and even siieji lease shujl \\c ilnly e\..enli;il in dnpl'..ile and -liall
li.it l.e tIalisferaMe ; and tlie Seeielary nf llie Treasury is eiiipinveieil tn ni.ike all lU'edfid l;e;_nilaMniis
l"i Ik Heel inn and payment nf the same, ami tn seeiiie the i .iiiitnil. in.iinleiianee.ediieali.in.and piii-
lietinn iif llie imljyes nl lliiise islaiida, und also tn yairv iulo lull elleot all the pnivisinm nf this ehiipler,
270
fJtCL'jit lit cilliiTttisf jm'/iciil'iMl, Ainl 111' iliiill j,'ivc at Iciist nixty days' iiotii ruf llir iottiim iif Koiil liwe
liy |>ulitirati»ii ill Ml li'iitt mil' ilnilv |>a|i('r |iiili|i>li('i| in tlir rilicK i>( HohIhii. Ni'W Viok, l'liilui|i'l|.|iij
llalliiiiori'. Wasliiiivlmi, •'Innii;!!, Sfw tlrlriiiis, St. Lmiis, iiml Saii I'riiiu'i.sci", inviting liids fm tht
f*llIIH'.''
Sn' 2. Tlial •ii'i'tinri lll."ii; nl llic lii'Visi'il Slatiili's ul tin' 1 'liili il Sliiti'S wan ililcinlcd tu iiu'liiil,.
and i»|'|'l» , and Is lii'ii'liy ilrrl iii'd In ilh 'iidi' .1lid ap|i|y. In all llii' wali'I'f nt lti'liiin;.''s Sra ill Al.iski
cii<.l>raird williin iIm' lu'iiiidary-lini"< niriiliuiii'd and drHiriU-d in tlic'l'iraly willi iiiiHsia. ilalcd tin' :!ii||i
Miirdi. All lSli7, liy «liiili tin' 'I'lriitniy nl Ala'tka wa- crdrd tn tlir Ilillrd Malr« ; and it sliull U'
tlir duty of till' I'll >-id('iil. at a tiimly scasnii in laili yi'iii, tn issiir Ins I'rnrlainalinii and iihim' tlii'siiini'
til 1.1' |Mililislii'il Inr mil' nimilli in iil li'iinl mii' ni'ws|ia|iri |iiili|i.s|iiMl at riuli I iiilnl Stati-s' pnit nj .nin'
on till' rarilir c na>l. «aiiiiii^; all |ii'rsmis a;^aiiist rnti'iin^ said Trrritniy iiiid watris Inr llir 1iiii|nis<' i,f
violalinn the innvisimis nl said siTtimi ; and lir aliall iilsn taiisi; diic nr iiinii' vcssils nf the I'miiil
Stall's In diliiii'iitly riiii/r said v.ati'is and arii'st nil |ii'i>nns and Ni'i/r all Mssrls rmnid tn lie, or t"
huvi; Ik'I'Ii, cnipini'd in aiiv vinlalinii nl llii' laHs nf tlir I'nitid Stati'^" lliiiiin
Si'r. ,'!. Tliat sc, tinii I'.'U'.l nf tlir l!i'\ isid Slatulrs nf tlir rniti'd Stiitfs ln', and llio sailio 18 IiwIpv,
rt'pi'ali'd.
Sic 4 Tlial till' I'l'i'ilinn nf dams, luiriii iidi'S. nr nllur nlislriuliniis in any id the rivers nf Alaik.i,
witli till' |iiiri'nsi. nr ri'sidt nf |irrvintiii'4 nr iniiu'din^; iIm' as.i'iit nf salnmn, nr nllur aiiiidrmnmis s|ii'('itj,
tn tlii'ir s|iaHniiiu'-LMniiiids. is hrri'liv drilarrd In 1m' iinlawriil, and tlic Snii'lary nl' llir Trrasiirv in
licrcliy aiitlinii/i-.l and diri'ili'd In I'slalilisli sin li lli';.'iilaliniis and sinMillain r as mny Im' i ssary tu
insuri' tliat tins |iin|iiliiiinii is siriitly I'ldnrri'd ; and I'Viry in'runii wlm slmll lu' fmind '^^iiilty nf a viola-
tinti nf till' prnvisimis nf lliis si'itimi sliall In' lined imt les.s than L'."''i dnlhus fur lai li day nf tlio
CnnlillUaili e nf Sllell nll^trilelimi.
See. "i. The I 'nniiiiissimier nf Kisli and Fisheries is lierchy enipiwiied ami diieited In iiistiluli' im
iiivusti^atimi inin the liahits, alpiiiidaiiee, and disuilnilinn nf the salmnii nf Alaska, iis widl as tin
present emiditiniis and iiiethnds nl the li.slieries, with a Mew nf leinmmemlin;; In t'nnj;re«s «iu|i
iidditinnal le;,'islalinn as niuy lie iiert-s.-ary tn pieveiit the impaiinienl ni e\li,iiistinn nf Ihfse viilualilf
tislierie.s, and idaeiii:; thein under re.L'ular and permanent emiditimis nf prndiKlinii.
Appundii (A).
tUtruit /rum tlir " Conjrt.-isujiuil h'cronl," \>*H'J. i-i. L'78y.
Fl'lt-SKM, AMI SaLMDN FiSIIEHIKS.
Ml!. lll'I'Jt finiii the ('niiiiiiiin II llie Men hant Marine and I'i.slievifs. reported hai'k with thi
iiinelidlinnls nrdeicd li\ the llmise the lllll (II, K. iL'InJ) tn aliieiid seelimi lyO't 'if the lii'Visi-'l
StatuU'i, and tn prnviile Inr the hetler pmiei tinn nf the fur-seal and saliunn lisheries nf Ala.ska iiiiil fer
nther purpnses, whii h was laid nii the tahle for thu pre.SLiit, and the Itill and aini'lidiiieiit.s anil ll"
aecniiipanyiii;,' IJepnrl ordered tn In- printed.
Appt^iidix (Bt
Xnti
SKCTION r.l.'ri nf the Ili'vi.sed Statuti'S nf the I'nited States provides that no |i(Tsnn shiill,
Wlthnlll till
useiil nl the Sei'ietarv nf the 'riensin'v, kill anv nttir, mink, marten, sahle nr I'ur-neu
I. IT
iitlicr fiir-lH'ariii'.' iinimal within the liinit.s nl .ilaHka lerriti
nr 111 the waters iherenf ; and thai aiiv
per.smi emivii'leil nl a vii
ilatmn of that
el'llnl
shall, Inr eaeli ofVeliev, In- lined iini less than LIMI dnllari
i>r iiiori' than l.UHU dollars,
ir lie impi'isom
ll imt
nmre than si\ nimiths, nr hnlh; and that all ves;<el'
with their talkie, apparel, I'liriiilure, and iiir^;ii, I'milid en
forfeited.
Nn fiir-licarin;; animiil will therefore lie allowed |i
;ii!;ed in viohitimi of tliiit sectinii, shall !•
killed liy peixniis other llinii milivi
itliiii
the limits of the Alaska Terrilnrv, or in the waters tliereof, e.\eepl fiir-seids taken hv the Alaska Ceiii-
i^reial Company, in piirsuiinee nl their lease The use of lin--anns |i_v the natives in killii
1.,' littiT
diiriii;,' (he mmill.s of May, .luiie, July. Au','iisl, and .S'pienilur, is heieliy piohiliiled. N'
1 vessel «■],
Ih' allowed In anehoi ill the well Km
natives in nr frniii such I .iliie,' j.'inii
who niav lie in that loealitv In lake
iWll nltel-killill'_' 'JliMinds. e.veepl lie
11
iliieh liiav eanv iiailii's "I
Ills
anil II \vi
11
the dillv nf ihe nlljeerii nf the I'nited St;il.^
pin]ier liieasiii-es In enl'mee all the pains and penalliesc.r ll'
law a;!ain.sl per.smis found nuilty ol a violalinn Iherenf. White men l.iwl'ullv married tn nutives, aii'
residing witiiin the lerrilnry, aie emisidend natives within the meaiiinn nf this (Inler,
:.'7i
ttauw in licri'U.
A|>|h:IiiI|.X (Cj.
p;xilllin t'.
\.:<\ 'if Vr^mOa .■'iMZ'>i| iiiidor urilfri !■( lln' 'I n-.c^nv l)i'|i;iiliiHnt
Dltr.
V.«.'l Srllnl.
Spl '.
ISKI
J.lly I-.
IHHII
A..J. 1,
••
Ut. •-'.
Jul? 3.
1K«7
.. !».
,. 1».
^,
,. 1«.
J
.. U.
,,
Aa(. «,
„
.. C,
.. «.
., ».
.. ".
J,
.. IH,
,,
.. 25.
,,
,. I.''.
,J
Slit. 2.
,,
Jun. 30, 1887
Kor (ioUliim „l Sr.licm UjB, K. S. —
llaiit!iur);h 'flmtimr " A'lt It- "
Aniirimn ■fh'Min'-f " **iiii I>i.*K'»"
Uritltli »ctioniit-r " Thnrntiiri "
,, ,, *• ('untlrim "
"<)li«-,r,l"
,t .. " Anna B«'k "
., ,. " Wni. 1'. Sajward "'
" Dnlphln"
Amctirsn ichoonrf " Lilly I>."
Mritiith ^riiiMiniT *' (ir«rr" ..
Amrricin kIiimihit " KUi-n"..
., .. " Aiinif "
llrituh M-tiu*Mii-r "Alfrril Adjitui "
Arm'riean Kh'Hmrr ■' Alplit"
„ M " Kaif antl Ann**
,. ,, " Sail Ji>«' "
,. .. " AlliF 1. Alcar "
nriti'h «c hnniir " Ada"
AmtTirnn itfh'Mnicr '* SyKia Handy "
Kor Tiolntion of Scdii.ti \<.<'\ B. S —
Amf rioui ichrmnpf " Chttlrtii^ "
Srifini{ \ rafrl.
Ki'Vriiili; pi. all). T
Dm. I
llllt.i
llillo
Until
lO'trUu' al<'4IIM-r '
Hilto
Ditio
Dillo
llllrii
llitui
Ditto
Ditto
Ditto
Ditto
Ditto
Rt'fi-nue utiatiiiT '
Ditto
Ditto
CofWlli
Hu>li"
llrar"
(i. »il»|>«nl.
('.i|il.>iii M. A M.alr.
. > a|ilaiii ('. A. Ahbry.
. Ditto
. Di'to.
. Dill. I
. ('ii|>UIII I..
. Ditto.
. Ditto
. Ditto
. Ditto.
. Dillo.
. I Ditto.
. ; Ditto.
. Ditto.
. I Ditto.
. < Duo.
( MliLi
Ditto
Ditto
III V,. A. Ilrali.
lU-nrntlf ^tiitnfr " Hii*h'
rifitniii I. G Mii'pard
piill.'
Ai.;v;ndix (IJ).
Kitrart Jrum the Report of thf (litvrrnitr of Ahid-<t fnr the fwul ynir 18SH, to l/ii: St'-rdiir;/ nf tht
Interivr at Wiuhimitun
I'.I'T wlinti'ViT mny lo' iho fonrliisinn ns to the mlvi.siiliility nr iiroprinly nf 1 uiiiiiuiiiii,' tlii' iirosuiil
i.f li'L^itii; till! Miiki'rif^. till' iiiii'stinii iii I u'ivn ('iiiiuri'ss lillli; ciniofni if tlif cliiiin nf niir
ilnv'Tiiiiii'til I'l I'Xfliisivt! jiiii.tilii'tiuii til ,ill t'lu (iiirl tif li('liiiiif,''s .'^I'li ii'ili'il III ii liy li'uiisia In; mil
iii.iini.-il ii|iiili mill niiuntaiiifil. It i.-t jii.sl n.s I's.Hciillitl, even iimu' an, tli:it tlif -lal-i .^liinilil lit' |iriitt'i.'tcd
Juriii,' llii-ir annual inii^'ialinii.'t tn ami I'lniii tin; i-ilaiuU. as thai tlifV ."limilil liavc .111111 |iriilffliiin while
III! till' r.iiiki'iii-i ainl lin'ciliiit;-^'iiiuiiil.-i. I'lntiTlinii within Ihf H-inili' limit will nut sullicv In |irt;vt'iit
till! ili']Ki[iiil.itii)n iif tht' roiikorits ami iiltiiiiitf total r\tiniliim tif .sfal lil'i; in ihf waters nf IWIirinji's
Sea.
[ii vii'W iif tlio I'lict that no soizun'9 havi- lieon Tiimiit tht* pro-sciil scnr, lit.! iiniirt'ssinn lin.s ;»one
abtii.iil that hiTfaftcr iIhtw will ho no intfrfiTi'tiri' hy imr (iiiviTiiint;iit with Vfsufls whiili may i-nitage
in lakiii," .si'als milsiilr ihii ;>-mih' limit, ainl in 1 i.iisi-iinrni'r ihiTf is a will-^'nuiniii-il a|i|iii'hfiisiiin that
ncxi siiiiinnr llohrinii's Sfa will .swaiin with .si.'alini'-vf.iail.s Iriiiii Uritish Cnliinihia ami 0111 own |ii)rts,
iinil unless imM.siirfs aro takuii to .sloji thoni nt tht* thrtislmlil, inrakulaijli! ilanmi.'i' i.s likoly to \*> ilone
to tlio riiiikiTies.
TliH vimvs I t'nti'rtain fimirniin^' what f hflit'vt' to hi' thf luul imlicy of li'iisinL' thf islamis, do not
hhiiil iiic to thf fai't that lifrf is a m i.st valiialilf iiitfrfst. whirh it is thf duty of ihf (loVfriinifnt to
[iri'lci't hy fVfry lfi.'.tl iiifans in its jiowfr; it nialtfis not wliflluT ihf luisfiil sysliiii hf fnntiniifd. or
whL'thtT Kiiiiif other and If^s ohji'itiiiiialilf jilun of dfiiliii;.' with it he ai|o|itfd.
In MfW of thf cxistiin; imim'ssinii and Ihf jn'ohahility of a ininh nmrf ih tfrmiiifd and ilfstriiftivf
raid luiii;.' made a.^'ainst thf .sfals iif xt .sniniinT than was ivit liffm-f allfni|itfd. it is Vfry df'irahlf thai
till- |H.li, V .iiid ilftfrininalion ol the t'lovemmfnt in Ihf niattfr of ilnir prolfitiuii should he spffdily
Mv\ liiiallv auuuuucud.
Appcuilix (K>.
I'rrniilcnl tlarrmm's I'roddmnliim it;/ain.it unlnw/ul Iliintinii nn Alaska.
r>T till! l'ri.'3idfiit nf iho Unilcil Stixti'S of Americii:
A Proclamtilion.
Till', fiilhiwiii',' provi.smns of thf laws of thf I'nittd Males are hfieby piihlisln'tl for tlio inforiiia-
iiiiiiiif ,ill cnnifnifil: —
Sfiiiiiii I'.i.'ii'i Itcvisfd Stalntcs. iliaplfr .i, titlf L', cnai l,- that :
■ Nil iM'rsoii shall kill any ottfr, mink, iiiartfii, sahlf. or Itir-spiil. or othfr fiir-hcaiinj; animal,
«itliiii thf limits of Ala-ka 'IVriilory, or in thf watfis thfifof; and fVfry )ifi-.siin '.'iiilty ihfrfof shidl
tiTiaih (illfiiif he Hi.fd not If.s.s than "JHO nor moiv ihaii 1,0(10 dollars, or iinprisoiifil nut ninif than
'u iniiiilhs, or hoth ; ami all Vesstds, tlit'ir tafklf, npparfl, fiirnitnif, and faij.'o, fuiind (ini;affd in
viiiliiiinn iif this si'flion .shall he furh'itfd ; hut thf Sfcrftary of Ihf T'liMsury .shall have power t<i autho-
ti'i' ilif killing; of liny nmh iniiik. miiileii, sahlf. or othfr fiii-hearini; iinimal. exff|it fur-.sfals, unili;r
'"I'll 111 ';,'iilalion.s as he may prfscrihf ; iind i( shall he Ihf duly of thf SfiTit.iry to picVLiil the killintr
of any fur-seal, and to |irovide for the fXfriilion of Ihf ]irovisii'iis of this seclion until i( iii oIluTwise
I't ividi'.l hy law, imi shall lie L'lanI any ^peiial privilif,'e- nmlfi this Miiinii."
27ti
StxiiiMi '.i I'l ilii' Alt iiiiiilnl 'All All 111 phiviili; fill till) riiitcriiiiii uf ilu' Siilinuii Fulicrii'd
iif Alii-kii," a|.|pi(i\r,l L'lnl Miirli, IMH'.", |iriiviilis timl ;
" SccliiiTl ;i 'I'lial si'i'timi I'.'.'ili nl' (lir I.'i'viiril Sliilnlrs nf tin' I'liilril Miitr^ It liiTi'liy ilcrliiriil In
ini'hiilc aii'l ii|i|'ly t<i nil llu' ilniiiliiiniii nl tln' L'liitt'il StuliH in llm m iit<'i.< uf li 'liriii;;'N Nii -, iiiul it .ilmll
in' till- iliil) ui' tin; I'ri-^iii-'iil, it :i liiiii'ly .»i'u«iii in ciirli yi'iir, In i^'-iir Iim riiiLliiniiilinn lunl I'liiisi- ilu-
same to In' |iul>li>lir>l jiir niu' niuiilli at Ica.ii in uni' nL'W.s|ia|ii'r iif any siirii tliiri' In) |iiili|i>lii'i| m cuih
IJiiitoil M.ilrV ii.iil iif I'lilry 1)11 llii' rarilir (nasi, Winning' all iuMvnni ii^'iiiiiMt I'lMfiiii;^ llic waliin liir tin-
pui|iii.sc 111 \iiilalinL; l!i<' |iiii\i-iiiiis nl' saiil m'i timi ; iiml lir sliall alsn i iiiisc mii' nr iiinir Vi'.isrls nf il|p
rmleil Slati'M In (lilij;rnlly iriiizi' llii' saiil v.alcis ami amsl .ill |nT'-iini ami 'I'izi' nil vit-ils lininil i.i
lie, (ir 111 liavi' Ik'i'ii, iiiiia;,'i'i| in any vinlnlinn nf llii' law-, nf llic I'nitiil .'^latcs llurcin."
Niiu', tlii'ivl'nri', I, i'li'iiianilii lliirTi-^nn, I'lr^iili iil nf tin- 1 nitnl Stati"', |iinsiiaiil In tin' uIkim--
rccitfil SUitiili'n, lii'it'liy warn all inr.iniis ai.'ainsl iiiliTiii^; llic watciH nf Iti'liiiii^'s Sra williiii i|ii.
iliiniininii nf llii' I'niliii Stniis fm llir |iiii|Hisr nf vinlaliii;: till' |ir(i\ i-^iniis nf saiil .-rrtinii I'.i.MJ lli'Vifeij
Statiitrs , .mil I lii'ii'liy jiini'laini Ih.tl all ihtmius fniinii tn In-, nr lo liavr Iutii, rn;,'a;,'i'i| in any vinlatmu
nf tli»' law- nf till rniliil .'^lalrs in sii.l walris will lu' arii'Stcil anil lainisliril .is .ili(i\i. |iinviili'i|, aii'l
tlial all \i',->i'l,-i Ml (;iii|ilnyt'il, lln-ii I; rklc, a|p|Mirl, fiiriiiliirr, ami rai.;ni"<. « iIIIk' ~l^\/^■^ ami fniii'iii-il.
In t(>lininny wlidvuf I liavr In'iciinln ,'.i't niy liainl and rauM'd tlic "lal nf tin' I'mtcil SluU'n tn l»
uHixi'J.
Iiniii' III till' (.'iiy nf \Va,iliiii;;lnn. tins I'lsl day (if Miireli, ISH'J, and (if llic liiil<'|ii'ii(l«nit' df the
United .Stati'ii lliu I13tli.
ily tliu I'rt-sidi'iit,
(Sij-ui'd) HEN J AM IN IIAHIil.sOX
(.Sijjucd) JAMr,S (i. I'.LU.NK,
Smrlni'i/ nf Intuit.
Apprndix (Kj.
E.i'lfu^l fruni llfport of dun m itlic uii Unrinf nml FiJn rii.', /i 12,
IT liavin^' livt'li claiincil liv tin! Cnnadiuii nutliiirilii'H in ilicir luicl iilatiii); tn tlio fu'i/iire of
fan I hall \i-i-ii'l-i in lliliiiii;^'s Sia Ijy cmr lluvcnni' iiillcrs, tlinl cv-.S rici.ny I'liiiilwi'll had dciailcil tli.it
till' rmtril Siairs liiid 1111 jiirisilii linn iivii r.iliiiiiMs .Siii niii>ii|i. nf llic :l-niilr limit, llir atti'iilimi nf
.Ml. r.nillwi'll wa-; lalliil tn tlic liiattiT liy llniiniiialiK' W. W. Katun, l.ito l.'liailinali (if tile ¥"Wf\i
Affaiis l.'oiiiniittee, I'liitnl State"' Senate, In wliicli Mr. I'linlHrll inadc the lollnwinn reply: —
" Sir, " U',iJiii,f/l,„i, Jitiiiiiiri/ 18. 1S88,
" Simu till' le''ei|it nf ymir letter nf llie lljtii lli.-ilalU, I have exanillied with laie the li'tlcr
aildru-i-ed tn me a-i Seeretaiy nf tl e Tiea.'iiiiy hy 'J', ti. I'lieliw, l')*!., then ('nlleetnr nf ('nstnin.'i nt the
I'lill nf .San ]''i'iiiieisen, ilaled the J.Jtli Maicli, ISTJ, and al-iu my nlhi i.il i«iily theretn, dated the Ifitb
Apiil, IXl'J. in iilatinii tn the piirpnse 111 leilain pMitie-i tn lapliiic fin-seals nii their aniiiiid tiii'.Tiilioi;
tn th.e Isliimls nf St. i'aiil ami St. ( ieni;;e, tliimiuli the I tniiiiak I'a.s.-*, and lliriiiiL;li the iieijilihiiiirin'.'
aiipioarlii'S In the islands. I'pnii the exaliiiii.ilinii nf the enne.spnndem'e, liiy leinlleetinn is in a ili'^'rif
n.'fr ii-il, and my kiinuledi^e nl the liiviimstam-e.s njvived.
"The Iniirlh seiiteiiee nf Ml. riiiljis' litter ajipears In )iiiicei,d il|ii>li the idea that it was tlif
piir|Kisi! nf the hiintels, as their pillpnse was then iimli istnnd iiy hilii.tn lake the si.ils iipnii the I'ai'ilit
• •ceiiii .-ide. nl the Ail iillaii liiiiL;!' nf i,..laiii|s, and near the passes lie iitininil, and tliroii;,di H liiih tlif
uniinals were deslined tn iiinve, and sinli was the view taken hy nie nii whii h my reply was^iasisl.
" Xnr i-ali 1 liiiw see that there is yinund fnr any other reasmialile i niiatrucliuli iif tin: i "m-
siiondeme.
"Mr, I'helps appears In lia\e appielieiided a diverHinii nf .seals frnni the Otiiiiiak I'ass ami Ibf
Larrnw snails near that luiss, and his Mi,;:;;estiiin nf a remedy was liniiteit In the same Held. Therefiiri'.
Ill ither iijinn my leinllei.linn nf hiels as they were iimlerstnnd hy me in IKT'J, imr ii]ion the pri'sint
reading nf the eoirespniidenei', dn 1 admit the ehiilii nl (Ireat lliilain that my letter is an adniissinii "f
any ri^ilit adverse tn the claims nf the riiited Slates in the waters kimwii a-^ I'lchrinn'a Sea, M.f
leltcr had ri'h'ieiiie snlely In the waters nf the raeilie Ocean, .sniilh nf the Aleiilian Islands.
■' Very respectfully,
(Si^'iied) "C.Kiiiir.i: S lioiTWELl.
Hnn. W W Katnll, W.lshilintoU, IJ.C."
Ajipcndix ('(J).
Erlrail Irnm " I'ltinrx rtl'itin'j In llflirmj'.^ Sr/t /iWiccii'.s," W'tisliiiii/li'ii llmrrnirtrul I'l'inlunj Ofii', 18S'
r.\itT V.
TllK fdlhnviiiL' f'nih's|Mimlence shnw.s the pn.sitinii assumed in l.'^Tl' hy the Tiea.sury Deparliuout >'■■
relatinn In the extent nf jiirisdiitinn nf the riiitcd .Slates in .\laskan waters: —
"Mi: J'Jiiljix lu Mr. JijiilirJl.
" CKiltim' l/iiii.ii\ Siiii Frnnriiico, ('allirlor'n Oficf,
"Sir, " M,irrli L'.'i, IHTL'.
" I dc'iii it |iinper to rail iho allenlinn nf the Itcparlinenl In rertain riininiirs which appear tn I'
will .iiilhi iilicaled Uie siilislaiicc nf which ap|ii!ars in the iirinlcd slip l.ikcu fnnii tlic ' I'li:'.'
(,'liliinich; ' nf this dale. Iiercwilli iin.lnscd.
•.'73
loti FmliiTic*
Id llll' ul«'Vi-
<i'a willilii llir
I r.i.'iCi i;.'Vi.-ni
II .lll> \1"1,\U"«
■ pKiviilrii, .lll'l
i,.i r..i(,.|i.-.i,
.id Stat<'> In 1*
tuliiluDcu Ijf Ul«
" III !i(Mitioii (o tliu HiviTdl «iliijiiio<i ini'iitJiiMiil in lliis |m|«'r, iiifunimliiiii ]im ronn' to tlii^i Ollino
,,f iiiMilliiT wliiili i-i iH'iii'.' (ii,Miii/ii| ill III" Itiiwaiiuii I-liiiiN inr til" "iiiiii' |iiiiii<n('. It i-t well known
hi.il, iluriiiu' tic nionili ot Mmv iiikI llir ijiiiv |miI of .liiii>< in f \r\, yciii, llii: fiir-'iiiil, in lln'ir iiiijjnilioD
.III! ilic Hniillnv.iicl to St. I'niil iiinl St. tlcoi;.'!' liliiiiiN, iiiiiloiiiily iiiovr tliriniL'li iiniiiiak I'iiss in l;irf^o
ii1n'I<, anil iil«o tliriiiij;li tin' iiininw hlniils immi- iImi |l;l-^ wliirli vi'|iiiialc' s.viTal .small isliinili (roio
Al' lllil" (.Tollll.
■The iiliji'd of llifii- .sc'Vilal cXprilitiniiM is iMii|iii-lioiii|li|y to iiilil<i|it tlic rui->ti-alH lit these
ii:ii|o»' |i,is.'ia;,'i's iliiiini,' ihi' |i<'iioi| Ml«<\r niriilioni'il, aihl tlii'ic. I>y nniiiiH ot >.iiiiil| lioali niaiini'il lij
ntiiiiiiiN ill the waliT, al'lor
-l>ilful 1 11' I ia in or AI(Miliiiii hiinli'1'1, make iiicli-iiiininiiti> slain,'liliT of t
till' niaiincr c f liiinlili'' srii-oltiT".
•T
in I'Vll to lie ii|i|.|i'
Mirli |iro. I iiliiij.'~ is nm so inni'h in rc-tport of tl
ii'siilting
Hi'lil
till' ili'slnirtioli of the sraN m those ]>|a<'i's iillhoii^h the killiil'.' of eai h leiiiale i.4 in clVei t the
ili-lriKlioii of t»oseal.s\ lint Ih" ilaii'.^ei- lii"4 in iliviilino ll
animals from their a''i'<istonii>iI i oiirKt*
the l.slanils of St. I'lllll anil St, I o'Ollie, llleil olilv hlllinls in the I'lliteil Slate
It H lH'lii'\i'il liv Uiiise who ha\e liiaile tl
eilliar iiatnie iiiiil hahils of llii
e~e aiiinialH a
tli.il I
f thev all' l>v any iiieaiit seriously iliverleil lioin tin
study
<i|ioii »liieh they h.-ni' Keen iieensloiin
.1
t.' iiHive iioilliwaid in their piissa'.'e In these ishimls. thei" is '.'lent dail'.'iT ot their s ikiii'.' other
li.iaiil-. and slioiild this iir the iiiitiinil .sehilioii vmihIiI In' Ki
•tl
'it liir-seah
iliolov I'liinp, ni'iir 'he eoiist of Kanisehalka, o^Mie I h^ lliis
iirsky Islaiiiis. wliiih lie just
and are now the haiinlx
Thllt the si|iTi->.fi|| p|.i~ei'lllion of lie- ,ilio\.' nenliolli'ii -i|iell|e> 'MillM lia\i' the elli'i'l lo drivi
Ironi llieir aei nslonii'il eiiii|..i' II
III he no dolllit. ( 'iltlsiil
theiidoleiiloiie the ilalioel
vlii' h i«
ere ijilelllelli'il to the interest of the ( ioM'nilllent ill the ~eill li-llel i
llle jal'.;!' .Illllllal
ii'M'iiile derived flolii the saliie. I have the jioii'iiir to si|i^'.'es| , for the eoiisideialion of ihi' lloiioiiialile
Siirel.irv ot the 'I'leasiirv the i|iiestioii whetlipi the Ail of the 1st .Inly, lS7ii. lelatiii'.' In those
llsliiTies. does l|"t alllliolize his inli'lh li'lire l.\ niellll- of li'eVelllii' elllli'l s to previlll f'lli'iu'lli'rs alld
oilers lioiii doill'.; sileli an illeparalde niisihiif to thi> Valnalih' inleiesi. Shoiihl llie llolioiir'.ilde
■^i- nhiry deem it expi'dielit to send a eiiltel into liiesr walois, I would |esper,fii|lv siiy.'e.sl that ll
j|i';ini I iiller Would he alile to render the iiio.st ellii lent .serviee, and llial it sjioiilil hr in ihe le'.'ion ot
Oiiiiiiiik Tass and St. I'aiil iiinl SI. I.ii'oli!"' Isliinds hy the l."itli of ne\l May.
' I mil, vei'v respcetfiilly,
(Sijined
■]•. r, I'ilKirs, (.'nlhrtnr.'
K.ilt'ttit fnun Sun Ff'Oi
Piiih/ nrim!r/r" }t"r.l, I'l : ^7
ll
IS statei
I'liiiM'
e I'oiiiiiiereial li riles tlint parlies in .\iisiii'|i,i
lireoaiiii;; lo lit out an
iMU'lilioii hir llie eapiiiiT of ftir-.seal.s in liehiiiijj's .Sia. The present lii;,'li piiees of fni-seal furs in
l,eii'l"n aii'i the Kili-opi'an Inarkefs has ael,d piHeifiilly ill siinmlal ill'.' enlerprises of a like ehaiaeter.
I'.iit a !■'« days a^ii we iiieiilioned lli.it a Vi'loiian I 'oiiipanv was oi-._rani;reil for caUhiii',' fur-seals in the
N'Tlli I'a.'ilie. .Xnolhi'r parly — an a'.'eiil lepiesi'iil in;: some K.i-steiii eapitalists — has lieeii in this eity
l"i the past wi'ik niakiie,' iiujiiiiie^ as lo tin' I'ea ihility of oi\>aiiiziiiu' an expedition f"r like pii'poses."
; S lioirWELl.
niiiiij Ofrr, 188"
|iiy llepartmi'uli"
Colkflor'f. Ofitr
Voiir letter of the li.'ih nit
Vi: Ilmittnll I: Mr. }'h,li,i
" 7V"is»/'.// Jkparttiifiit. t\''(iihiii;ilvn. J). C, Ajiril 19, 1S72.
nil" ".i> iliilv rei't'iveil, ea
lliii^' the attention of the Department to
' lo start from Australia
'I'llain ninioiirs eiienlaliii'.; in San l-'r.iin iseo to the elleit that e\])edilioiis ar
:iii'l llie Hawaiian Islands to take fnr-seals on their annual nii.L'ration to thu Islands of St. Paul
iii'l St. (leor;.'e l|iroii;;li the narrow pass of ( tiiiniiik. Von recoiniiieiid — to eiit olV the pos-iliility of
'•m1 result iiii; to the inleiesls of the I'liited Slates from these evpeilitioiis — that a lievoune eiilfor
1"' -.111 to the reu'lon of (Iniinak I'ass hv the \fnU Mav
next.
A verv full
eonvei.salii'ii wa.s had with (.'aptain liryaiit ii|
this snlijeet while he Was at the
nipartnieiil, and he eoneeiveil it to he entirely iin|iiaelii'alili! to make siieh an expe liii.ni a payiie^ i
1 h as the seal.i ij
1 siiioly or III I
id 11"!
dr
aii.l
hii^'e ie''iiiii of water in their
li'iiiiewiiid travel In these inlands, and he liid liol seem jo f'.n thai iIm' s,.als woulil \«- .liiven from their
aoiiiiti lined resorts, eve. i were sneli altempts made
tho
' In aildilioii. I do imt
that the lulled Slates wciiild have the Jiili
aliel
isiiieiion or
to dr
parties •^'mv^ up then! for that |mriiose. unless they iiiiide siieli alleinpt within a marim,' leaouu of
.slimo.
" As at present advised. I do not think it exiiedieiit to cany out your stiii^estions. hut 1 will tlmiik
V'ui to loinmiinirate to the Uepartmeiil aiiv further faets or iiiforni.ilioii vou niav lit- alili; to ^rather
iipnii I he Buhjeet.
I am, Very lespeetfnllv
fSi',;iie
(;i;iii,'i;v: S. HorTwii.i,. .''(■cre^
a ry.
No. 202.
Colonial Ojfirr la Fniriijn Offiro. — {UfCfiii'il .Unjust ■'?.)
Sir, ninnuiuj Slrcrl, Aiuju^t 3, 18S.).
i AM directed by Lord Ktiiit.srnni tn tiatisnit to you, to In- laid bcroic tiio .Miir<iuis
Salisbury, an extract of a letter Itoiii the Hi,!,;ii CAiiiitiiissioiU'r for Ciiiiu(i,i rcspectitrj tlie
iille^ed .seizure of the '■ Black Diainoiid " in Ueliritig's Sea.
2 N
Lord Knutsford feels atisurcd tlmt tlie subiect will receive llie careful and carlv
considerution of Lord Salisbury.
I am, &c.
(Signed) R. II. MBADE.
Inclosurc in No. 202.
The High Comminsioner /or Canada to Lord Knutt/ord.
(Extract.) 9, Victoria Chamhern, Weslminsler, Amjusl 2, 1889.
HKFEIIUING to the interview willi wiiieli I wos fiivouri-d by Fjord Salinliury, your-
self, and Sir Julian Fauncelutc yesterday, I bog to inclose cuttinL;s trom the London "New
York Herald,"* and " Daily News "+ «l to-day, which seem to leave no douht that the
sei/.urc of the British schooner the " Hhiek Uiauiond " took place in the open v/aterani
Hchrinij's Sea, and is therefore in direct violation of the engagement nuide by the United
States that no more seizures of Hriti.sh vessels should take place |)en(linL; a settlement of
the j)rcseiit controversy.
No. 20.'J.
Foreign Office to Colonial Office.
Sir, Foreign Office, Auguiit .'), 188!).
I HAVE laid before the Mar(|iiis of Salisbury your letter of the IWd iMUinl, witli its
inclosures, addressed to Her Majesty's Principal Secretary of State for the Colonies by the
High Conunissioiier for Caniula, calling attention to the reported seizure in Hehrini^'ii
Sea of the British schooner " Black Dian)ond " by the I'nitcd Stoles' Revenue-cutler
" Kush."
It appears from the ncwsjiaper cuttings forwardt by Sir C. Tupper, that despatches
from British Colombia, giving details of the case, nave arrived at Ottawa, and Lord
Salisbury thinks that it would be desirable to obtain by cable some oliieial stateniciil of
the case from the Canadian (jovernment before telegraphing to Her .Majesty's Ue|)rescnta.
live at Washington.
I am to point out that everything seems to depend in this case on the precise positioa
of the "Black Diamond " at the time of seizure.
Lord Salisbury would also be glad to be furnished with the details of the case of the
"Triumph," to which allusion is made in the newspapers, but of which no infurrnatiuii
has reaclicd the I-'oreign Ollice.
The original inclosures accompanying your letter are returned herewith.
I am, Sic.
(Signed) T. V. LISTER.
No. 204.
Colonial Office to Foreign Office. — {Received August 9.)
Sir, Downing Street, August 8, 1889.
WITH reference to your letter of the 5tli instant respectinfr the seizure of the '■ HIack
Diamond " in the Behriiig'.s Sea, 1 am directed bv Lord Knutsford to transmit to you, (or
the information of the Marcpiis of .Siilisl)ury, a copy of a telegram which was addressed t"
the Governor-CJcneral of Canada on the receipt of your letter, together with a copy uf one
received this day from Lord Stanley of I'reston in reply.
I am, &c.
(Signed) JOHN BRAMSION.
Inelosure 1 in No. 204.
Lord Knutxford to Lord Stanley of Preston.
(Telegraphic.) Downing Street, August 6, 1889.
SEIZURE of " Black Diamond " and " Triumj)!!." Telegrajjli at once full informa-
tion, specifying precise point where seized, and all the facts connected with these cases.
• Auguit 9
t Augutt 'i, Bnd " Standird " of name dale Not printed
275
Inclosure 2 in No. 204.
Lord Stanley of Vreston to Lord Knutufnrd.
(Ti'leKnipliic.)
CASKS of " Ulack Diiimond" and "Triumph."
Aufjunt 7, 1889.
Ncwspapur report* ap|i(Mir siihstuiitiiilly correct.
Accnriling to private telegram from Victoria, seizure of " Ulaek Diaiuond " 70 iiiilcH
friiiii land. I have not yel received from Ottawa otHcial Keport aslied for hy trlej^rain.
No. 205.
Colonial Office to Foreign Office. — {Received Auguxl 9.)
Sir, Dnirninij Street, Auijust 0, 1889.
Wl'I'il reference to your letter of the 18th April last, requesting to hi; supplied HJtl.
infortniition as to the extent to which vessels helonj^ing to British Columbia were igac;cd
in seid-iiuiitin^ in Henrinif's Sea prior to 1S80, I am ''rected by Ixjrd Ki .lord to
transmit to you, to \w laid before 'he .Manpiis of Salisbury, a copy of a despatrh from th'
(!()V('rnnr-(iencral of (.'anad. ' its inclosnres, upon the sid)jcct.
Lord Salisbury will observe that the last suh-inclosurc to tiiis despatch tends to liow
iliat the shootini; '' H'als in the o|)en sea is not the wanton and wasteful destruction of
stnl life which it is alleged to be hy the authorities of tlie United States.
I am to request that the inclosures to the (Invernor-CJcnerars despatch, which are
fdrwarded in original, may be returned to this Department when they have been printed
at the Foreign Office.
I am, &c.
(Signed) KDWAKD WINGFIELD.
Inclosure 1 in No. 205.
Lord Stanley of Preston to Lord Knutsford.
My Lord, New Rirhmond. P.Q., July 20, lH8f'.
WITH reference to your I^ordship's dcsiiatch of tiic 27th April last, transmitting a
copy of a letter from the Foreign Office retpicstinj? to be supplied with information as to
tlic I'Xtent to which vessels l)elonging to British ('olumbia were en^'aged in seal-hunting
in lielir ng's Sea prior to 188(}, I have the honour to forward herewith a copy ot an
approved .M.nutc of the I'rivy Council concurring in a Report of my Minister of Marine
and Fisheries on the subject.
I have, &c.
(Signed)
STANLEY OF I'RESTON.
Inclosure 2 in No. 20.').
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
(Jovernor-General in Council, June 'M, 1889.
TliK Committee of the Privy Council have had under coi. -'deration a despatch
liiitcd the 27th April, |n8!), from the Right Honourable the Secretary of State for the
Colonics, requestin;^ information as to the extent to which vessels belonging to British
Columbia were engaged in seal-hunting in Behring's Sea prior to 188G.
'I'he .Minister of Marine and Fisheries to whom the despatch was referred states that
until the return of the sealing fleet, which some time since cleared from British Columbia
U])!!!! its annual sealing voyage, he is unable to furnish complete information upon the
Kirly history of the seal industry in the North Pacific Ocean and Behring's Sea, so far as it
roiiites to vessels belonging to British Columbia. The Minister desires, however, to call
attention to the Customs records at Victoria, British ('ulumbia, from which it appears that
tlic seiioonc, "Kate," 58 tons, Dutch Harry, master, II. Ogilvie, navigator, went to
Behring's Sea in 18G5 and again in 18(jG upon a sealing voyage.
The Minister observes thai, it is to be remembered that the sealing industry was
carried on by Biitish Colun)bian vessels, in the waters of British Columbia on the north
and nortii-westcrn coast, as well as in the North Pacific Ocean and Behring's Sea, the
[128] 2 N 2
'27r,
seals at certain times of the year spreading jver these waters and heinj; captured in great
numlKT.s at different points.
In 1880 tiif fur-seal trade of tlie iJritisli ('oliniil)ia Coast was of great iinimrtance.
Previously, and even then, it was didicult to obtain absolutely correct Returns re^'aniiii.;
it. l)Ut it WHS cstiinatc'd Ibat •20,(W0 skins were obtained in the immediate neiijhbourliooil
of Vancouvi r Island alone dinine that season.
Tlieie were engaged in this lisliery in that year the following British Columbia vessels,
sailors, and hunters: —
Vos.l-.
l'i)iiiiiif;i'
SmiI..i~.
lluiiUr*.
Kavoiitc
..
V'.t
•,
10
Onward
■■ir,
4
;io
Thiirnton
as
1
n
Anna Heck
.50
.>
1 -.vi
WniiJercr
16
.!
1 ir,
Alert
;io
.■1
.^■J
Winifrcit
^nip
oyijin
13 canoi'S.
\r,
3
1:2
1
2C0
27
180
It will be obsei'veil that dt the.-i' ve>sel!i a number were, in ISbG and l^■^", sci/ed h\
the United .Stales' {ioveriinient in litluir.i;'.. Sea, and lorm the subject of tiie eh.inis iiou
being |)iesscd.
In the season of 1^81 between Ki.OOU and 14,000 skins, wortii from I ;jO,000 dollars
to 18(1,1100 dollar.'^, were obtained bv tlie following British vessels : —
V( ."-SfN.
Toiina'"'.
Sailu'
UtinttT.:
.\iina Ik'ck ,.
Tli'Mntim
Tiiun.ph ,,
Winif'.iil
Onwaid
PInck Diamond
Juanita ,.
I'avdritf
.Maiy Kllin . .
Kale
l')iii|ilo_vinj; 1 Iii catiiifH.
35
18
i:.
.'i'l
«o
80
HO
O.j
ar,
•18a
Hi
aj
■2i
12
V2
!i2
aii
an
.-Hi
41
•J 4
■2'J2
In the next season the catch was valued at 177,000 dollars and the I'oDowing vessels
were engaged in this pu'suit : —
V(-srls
(trace
Oulpliln
.liiiinilii •.
\V. P. Say«ar(l
l-'avoritc
>Inry Kllen . .
Kale
Onwart'
lllark DlainiMid
Winifieil
Ainia Iti'i'k . .
'i'liiaiili
Alliid Ailains
Kmploying 200 cnnocs
lluntera.
277
And ill \l^^''i tin follnwiiji; vc—cls IVom I^rilisli Coliiinlmi |)iii>U('il iliis iiiiliisii\
Vr>.cl»
Timiiiiir,
Siiliin
Hum.
W. 1'. Sny«;iicl
Kiimiili' ,,
Marv Kllcii . .
Kale'
( lltwaul
I'.la.K DiiJIJinrid
Winilrcil
'1 lii'iiitiiri
AHVid Ailaiii-
Aii'in Keck . .
7.>
1
t'i'J
■;;
•l-J
.■i.-i
1
1
•JK
Sll
1
,"('*
1.-.
■J
VJ
r,.'j
1
•js
1
:y2
M
1
;;■_»
.)05
10
•J 'J (J
I-'.inpliijlM); 1 18 oaiKus
I'liflv and ill till' absence dI' inoie definite infnnniition at this iiioinciU avai
luhic
ill tiu' coiiliiuinl |)iii>iiit of tile^(• seals, it was after tliis that tur-MaU were systematically
iiiLMit III the
15eli
Sea, as well as in the North Piieilic Ocean hv Hiilish scnlcrs, (or it
I'diiiiil that in \8s\ Daniel and Alexander McLean, hoth Hi'iti^-h snhieet'^, took the
1-
Aiiiciican schooner
I)i<
(o 1'.
hnni; > Sea, and that thev were siie(
-.I'ul
111 the
III li~lii'iy. On their ritiiin they iiiiichafed ijie I rili>li ><iioonei- '• Mary i-^llcii," (i,'{ tons,
rite." PO ton*;, and with white crew, white luinters, and
iiiMi eharti'ied the schonncr
I"
ndians cleared t'roiii
Met
ivtiirniii'' to \'i(t
011.1 lor
13e
in H
), whri-e tliev met v.itli rcpe
on
l;cl(
anil cicaiiiiL' ni
ated
lS!*tJ at-'ain lor the North
I'aeilic Ocean and Helniiiu;'s l^'ea.
'Ihe Minister lurther oh>eives that attention is (hawii in tin !cltt r Iro ii ihe !''oreii;ii
Ddice, now unikT consideration, to the stateiiient of .Mr. Jiayaid in a letter adilressed to
III! .Majesty's .Minister at \N'a>liin-,ion on the 12tli April, |!-'>'7. in which tiic loMowin^
|iii»iii.'e occurs :
The Laws of the I'liited Stall
Idice hir ii]iwards of scvc-ntceii years, and, prior to the seizure of hist
:iilatiii<; the l<il:iii,i; of fur-seals have hecii ii
iiier, hut i
>m'z\
e inliaclioii is known to have oceiiritil and ih.t was |iro:i,|iliy |)iini-.li' it."
In tl
ii> coniitctiiiii ii is iiii|iiiriant to note that the (ioviriior of .-\i s
ka III III
his W
■It,
date the
1st Oetoher. .lS,-i(i
in in l^'^T, reniirded tlu' cantiire ol oni
Aiiienean and three llritish sehooiiers a|i|iarcntly as the tir>t ovcit act on the |iait of tfe
Unitid States' Governinent to assert the claim lor exchi'-ive jurisilietion over the waters of
BciiriiiK's Sea north of the Aleutian Islands.
ICxtiacIs from these tv
H
c|i;irts, hereto appi nded, indiciile n^ 'iVi
th
u|iiiiion of the (Jovcrnor, an indiserih.inate slani;hter of seaU had hcen pre\i(in-ly carried
ull in these waters.
Ill the voluminous cone-poiuh lue loiiciiiiiL' llii' acijiiisitioii
liy the Tnitcd .'stales piihlishcd in tie Kxeciitivi' deeiiineiit-i of ('oic^rcss from li'JS
d (M)\eriinier,t ol ,\liiska
lulUll
til the time ol the sei/ines in ([iiislicn, the Miidsler, alter a carehil examination, ha', heen
iiiiiihlc to find, ill the various iiistruttioiis yi\eii from time to time to C'omiiiaiideis of the
lUvenue Service, or of ships of war of the United States trui/.inz in Hehrina's Sea,
iiigani/.iiif!; a Coveriiinent in Alaska :micI miardini; the irterests of Ihe Ala-ka Com i cieial
C'i)iiipany upon the islands leaded to llic Co iipaiiy, any si!i:u:estion of the intention of that
(ioveriimeiit lo as^^'.■rt a claim which it hal so vi hemeiilly rljspnlul
wlieii aitvanceit
The Minister, on the eontrai v, li,:s ohserved th.it while ve-sels lioni liritish
ivii>~ia.
I'ohiiiihia iind elsewhere were Iradini; and fi-liii
iiistnietioiis
,'1
liitiiiir to ti.e (i^hciies uivcii
.ii'iicrallv in
th.
to l<
eV( line ii,.illlle slilp-
ISelii
)V the I'liit
Sei. the
ed Slates'
Cjoveiiunelit until IS'^'I were coiitiiieil to the iiroleclioii of the Se.il LLnuU iioiii i
whe Were in the iiahit of l.indiiii; thcicoii.
it is to he noted that tli
e seizmcs ol
lirit
ni.ramlers
ish scaler?
Ill tl
■en
lo!l.
Ivi I Dit on the ciu!/.e ol the Keveliiie niaiine steamer
'(
orwiii " ill llie \ear
III
this II
ill
cport it IS iimonn; other thniL's stated that a s|
spedul look-ont w
U',«>(ls seiihng wln'ii sha])in;,' a (•oiiisc
hir St. I'l
T'l
Cietiii
inn III Ills
\U
pert
the
■pt lor
'Aliile we were in the vicinity of the Seal Islands a look-out was kepi at the niasl-lieud
NS
278
for vessels cnii?.inL', scaling, or illicitiv trndinj? among tliosc islands." Having drawn
ntti'ii'ioii t'i the mi'iihcr ->l vessels wiiieii suuijlit the seals on the islands, and having
illusdaled the ureiit (iitJiciilty of preventing tiie so-eailed "'piracy" thereupon, the
Commander i onclinles as follows : —
"111 view ol the forcirdiiiar faets, 1 would respectfully sufji?cst —
"(1.1 That the l)i piiitminf cause to he printed in the Western Papers, particnlarjv
those of San Fiancisco. ('aliliirni;i, and \'ietoria, Mritish Cohnnhia, the sections of the Lnw
relating,' to the killing' "f I'm-liearinu' animals in Alaskan waters, and delinin^ in s|)ecific
terms what U meant hy Alaskan waters.
" (2.) 'I'hat a Hevenur-cutter he sent to cruize in the vicinity of I'ribylotf Islands
and Ale\itian t^ronp duriiii; the scaling' season."
\\'!iilc the lii>l sug'jestion has never hcen adopted, no notice nor Act havini; vet
defined what is meant hy Alaskan waters, it seems to he clear that, in accordance with this
Report and other similar representations, the United States' (iovernment sent Revenue-
cutters in ]8.S() with instructions for the first time to take scalinj^-vesseLs found anywhere
in the fireat ocean called the Behrinu;'s Sea.
Aceordin^lv Mr. (ieorjre K. Tingle, Special Ai;cnt of the Treasurv Department,
reports from St. Paid Island, Alaska, 31st July. 1880, to the Honourable C. S. Kairchild,
Acting Secretary of Treasury, WashiiiL'ton, District of Columbia, that the Revenuc-ciitters
were then encacjed in keepini,' marauders from landing on the Seal Islands, and that the
Captain of the Krvenue-cutttr "('orwin,'' on the 2flth .Fuly had re|)ortcd having .seized the
schooner ''San Diego,'' which vessel he calls an "old offender." He goes on to say:
"This comineneemi nt of captures will do nuieli towards breaking up the marauding
business rdiout the islands this season; iniieed, the 'Corwin's' presence here has
undoubtedly kept olf cpiite a fleet of schooners and destroyed their uidawful business
hercabonts. AVith the cutter ' Bear ' to remain until fall, after coming out of the Arctic,
seal life will he proteeted from jiiratcs this season. It is the only means by which good
can be accomplished in that direction. I do earnestly hope the Department will see the
necessity of keeping a cutter around the fur-seal islands every season from the 1st .luly to
the 1st Xovend)er."
From the extract in Mr. Bayard's Utter it appears that he was under the itnprcssion
that prior to the seizures of 1S8(! but a simile infraction of the United Stales' Liiv
regulating fur-seals as construed by the Commanders of the Kevenut-vessels which niadt
these seizures, had occurred.
The parlieidars alre.idy referred to by the .Mmister of Minine and Kisberics fully niccf
Mr. Bayard's assertion, whether he refers to the vi(dation of the Statute inside of the
3-inile limit or upon the waters of the sea at large.
Attention miiy be dincted to the Report of Mr. (Jeorgc Davidson, .Assistant United
States' Survey on board the Uniti'd States' llinenuc-stenmer "' Lincoln," to Professor
Benjamin Pierce, Superintendent United .Stati's' Coast Survey, Washington, District of
Columbia, in IS'iT, wherein he say-, when touciiing upon the lisheriesof the Behring'sSca;
"Two or three sm.dl schooners sailed from Victoria and made small catches." And iigiiin,
" In addition to the ali'eady acknowledged success of the cod fisheries from San Friuieiscu
and \'ictoria and our own experience, I add that of CB|)tain Bryarit, formerly a whaler in
the North Pacific, and now an inlliieiitial member of the Massachusetts LegislatUR-.
quoti : from your notes of the li'ith May. Beliring's Sea is a mighty reservoir of cod aiul
halibut, so that he iiever threw over his lines without bringing up fish in whatever part of
the sea he miglit happen."
It is admitteil tliat .Mr. Davidson is not dealing with the fur-seal fisheries to wliicli
Mr. Bayaril specitii'ally leleis, yet the extracts from this Report ajipcar to the Minister to
be important, tomhiMg tlii' :ieneral (piestion of inair cldununi, bearing testimony as they do
to the undisputed enjoyment of tht' lisheries in general in the Beliring's Sea by vessels from
British Columiiia long ago.
The Minister desires to avail hiirself of this opportunity to direct attention to recent
criticisms of one ol' the most influential and iiulependent organs of public opinion in thr
United States upon the po-^ition taken by the (iovernment of that country as |•cgarl]^
Beliring's Sen.
I he ,Miiii~ter ap|iends hi rewith a paper upon the " l''ur-se:d Fisheries of the Pacific
Coast mid .Ma-ka." recently |)repar(Ml and pul)li>lied in Sail l'''iaiiciseo, and designed to
explain, more pi\iti(.'ularly to ivisteni United Slate-' Seiiatois and Congressmen, the value
of the liir-seid ti'lbeiies, whicdi eoiitaiiis iiiucli valuable information not adverse ti) tlu'
contention of the Canadian (Government.
The Committee, concurring in the foregoing Report of the .Minister of Marine BiiJ
Fisheries, recommend that your lv\eellcncy be moved to forward a copy of this Minute to
bvlort' Islands
279
the Rig''t Honourable the Principal Secretary of State for the Colonies, for the inforiiia-
tiuii (it the Foreign OfUcc, and that a copy thereof hi' s-eiit to the Ilif;h (,'oniini.ssioncr.
All which is rc8])cctfully submitted (or vour Kxccilenrv's approval.
(Signed) JOHN J. .M((;KI':. ('Ink,
Privy Council.
Appendix No. 1.
EAniil fnnn the Hrjwrl of Iht (tm-fninr nf Alc^hu fur the Fiacal Year 188G.
Prulfctinn of Fur-Sial and Sift Otter, faijc 48.
AS llicsc seizures Imvo iimst prolialily raised nil intuiiiatidiial (lue^tidii involving; tlie ii;i]it of the
I'liili'il Slate* til exclii'^ive jiiii->(lirtjiiii dver tlie walcTs uf tlie lleliriiii;'H Sua lidllh nC llu; Aleutian
Nl.iiiiN. aiel east (.r the 10:lril iiicriiliaii, wc'M InML'iliHle. it may iml lie uiiliecninini: in me tn siijiu'est
tlial unless that rii.'lit is iiisisleil ii]ioii ami maiiilaim d, an iinluslry uliii Ii imw yiiMs a revenue eipial
til a fair late iif interest on the ammilit Jiaid tin the wli.ile nf Alaska will not only lie ilestloyel, lilit
till' naaiis of liveliliiioil will likewise he taken away frnin a larye niimlier of junple whom the Ciovern-
iiieMt is liiiuiiil liy I'veiy eonsiileratioii of liunoui- ami piililie imliey to ]ii'oteet. I ran emireive of no
other I'lan liy whicli the seal tl.-lieiies can he ]iieserved than the one loiii; au'D adopted and now in
vou'iie, whellier they i.iij.'lii not now to lie yieldiii;^ a very lar.Lje revenue to the (iovenmient is a ipiestion
tn III' ili-icusseil a year or two hence. It is reasimaliiy eeilain, however, that unless our (Jovcrnment
a<-iiit^ .nnd maintains the jiirisdietioii ceded to it hy Ijiissia, ihe Seal Islands will in a very few years
lie lol.liid of all ]ii'esent or pios|ieetive value to any one. It is just as essential to the presei'vation of
llii< iihhi-tiy that the seals lie pioteeled au'ainsl indisrriminate slau^jhter while on their way to and
fpiia tlair liieedinj; |ilaei-s, as that the numlier to lie taken on the islands should he limited, and every
111(1 --.irv restriction inipnsed as to nge, bcx, and the mode of killing.
• •••••
I'liliss our right to sudi jurisdiction he waived or almiidoiied, seals once in liehring's Sea are a'.
nituli till' iii'operty of the I'nited Stales as the islands tlieni.'^elves, and should he no less zealously
•.'i;ardid tlian are the Newfoundland cod hanks liy the Jioiiiinioii of Canada. I'nie.ss .sn guarded
iliaitiied lights will iml only lie impaired, luit a .source of large and perpetual reviime to tln' tlovein-
luiiit utterly destroyed.
Appendix No. 2.
Kitrad from tht I2rporl of the Gotrnior if Almlo for the Fiscal Year 18t<7.
Protection of Fur-Seal.
IN' connection with these seizures, from whii h it seems to mo no other inferenoo can ho drawn
than that our •iovernment is determined to assert and maintain the right of cni lusive jurisdielinn over
all lliat |iiirtioii of lieliring's Sea ceded tn it liy IJiissia, I can only reiterate that part ol'niy last Annual
Ucl'iirl ill which I essayed, rather feel.ly I fear, not only to show the necessity nf such a jioliiy to the
|ircser\atiiiii of the sea-fur industry, lait the wrung its aliandnnmenl wnuld iiillicl u|iiin the very
cdiisideralihi iiuiiilier of native people who wholly m in large part ile|iend upon it lor a livelihood, and
will. ill. it a]ipears to me, it is the duty of the (ioverniiienl to prntect.
Ill view of llie fact that the seizure of these ve>.sel,i and their forfeiture has raised an iiiteriialinnal
iliii'siiiin of grave impiirtance, I have thouglit it prii|iir In include with this Pepoil a cujiy of the lirief
aiiliiiUtled liy the <,liieeii's t'liiinscl in the ease of the il'tish schoiniers, togellier with tlii' argumiiil i !
tlie I'liilid Stales' Attorney and the o|iiiiiiin of the I'ourt. Ilonouralde A. K. I lelaiiey, ('ollectnr nf
(.'astiiius, having lieeii designated as s]iecial Counsel on account of the illlii'ss and siili-ei|iieiit diatli of
t'liiiicl .\I. |i. I'.all, I'nited St.ites' liistrict Attorney, represented the (iovernment, and made what 1
ttiiiik will lie generally conceded a most alile and forcihle, if not wholly iiiiaiisweralile, aigiinienl. (See
Appeiulix V.)
s of the I'aiitif
Appendix No. 3.
Heport of the Cruize of the liennue Marine Sleamcr " Coiu-iii " in the Ymr ISSri.
(Ex. Hoc. No. 15;l, 'pith Congress, 1st Session, |ip. 17 and 18.)
l>ri!lN(! the year tpiite a numlier of ves.sels have raided .Maskaii waters for seals and nlher tiir-
lieiiiing animals. Aiiiong the numlier the fnljowing, witii their catehes. are imled :--
" biok-out," 1,1 no seals ; " .Mary .'ii." L",:tll',l .seals; " Paviiiirite," L',lll'i."i seals ; " .Sail lliego," l.Tl'.",
awils; "Sierra," l,:il:i .seals; " Vio. .eriiill,' ahout 1,111111 .seals, " lleiiiiitia," aliout 1,1'U(I seals;
" All xaiider," liiiO deals and lUT sea-olteis; "diter," a few seals and alioiil lifly oi si.My siM-niiers ;
•illi the " Adele " auU other vosauls yet to hear I'roi'i.
280
"Tims it will lie ini'ii llint ii]i\vmi1s of ti'ii vosscIm wore oiifingcil in iiiilnwfiil si'iiliiii; in Aliiskan
Wiit('i"» iliirinLr tin- pti~cnl yoni-. ;iiiil I am roiivinccil lliat iii'Xt yciir llie imiiil'cr will lie roiisidcnlilv
iiii'i'ca-ii'il.
" Humours aiv cuMi.'iit lirir tlial iIh' Aniciii an CiPii-iiil al Vicloria lias infnii I dillcivni ]«,,|,|,
tlint tlicv ar(' not ]ii( liiliitnl l>v law IVnni scalinj; in Alaskan or ullii'r wmIim>, iirnv IiIimI iIh-v krr|i ninic
than ."• Icai,Mios IVoiii iIim sIioh'. Kninniai;i'il liy iliis dcri'tioii ami tlic suiri'ss of tin' maniuiliu'j siNiKr-
duiiii',' tlic |iri'sonl vcai', |iaitii'< in Virioiia aic lilting' out vi-seid-! (two or tliri'c licinn; sIcam-scliiiiiMci*
to ('nuML.'!' in till' liusinrx noM ycai- Not onlv aic seal- killi^d out of si'ason, lait llioy aic shot in llii-
Water, and voUM'.^ and old, mali' and frmalf, killed indiseriininatidy, all in ilirec-i violaliipii of Siiiiun*
I'.K'iti and \'M'i\. I.'evi-d Slatnles, and all lenilin','. it alliivM d lo eoniiniie. lo drive tin' ^eal- lioni ilni;
ri'i;ular liaiinl-^."
Apiiendix Xo. 4,
/l''n-./w..„'v ■■ y./'e /.. .1l„d,i" ,,/>. Ilii I'liil 117
n'ul.li-hed al !;..-|Mn and New V..ik in MHl i
Sl'.A llTri'.K ISl.AN 1 1, i\ ini.'al"pul '■ mile- ^nnlhwardly IVom Si. Tanl's. i-; another landine-place f.ir
the liir-seal, Iml only t" a limited e\leiii. ( Iwinu to thi' fact that it is ni>l iicrmancnlly inli.dijteil.sciiiir
ni.iranilers were in ll..- halal ot landinir "\\ the o|i]iosite side, wlieie they c-ouM in.t he ^een Inmi
St. I'anls. and killiu'.; whatever .seal they muld lind, withoal reearil lo sex, a^'c. or loiidilion. Tin-
Coni|iany reported lln'se laets to the S'tii-lary ot the 'I'rea.stMA. »ho ih'ciduil that the iiileutioii of tin'
Aet under whieh the lea.M' was anthori/ed a|'|'eared to Im' to oive all the islaiuls ot the i:roii|i to llii-
lessees fm the re'.oilal ion of till' traltir- ami |ireservalioii of the liir-seal. Tlieii. as the ('om|.any ' ould ii»!
deli'Md Sea < (Iter l-lalid. the I oiVeriimiMi! was asked to i|o sn, and now (he praitiee is to Iciv f a h'ewiinr
iniU'im- unard iheri' durinu' the sealiu'.' sea.son.
.\|i|'enc|i\ Nil ."i.
K.ilniil fiviii //'.lis, K.niilin tl;,^n„'-„ls. -Jiifl S>>^i.„i. t,s//, fn,i-/irs.<, M^X^-H:,, i„!. l".i.
IaIIii' frniii llir Sifiufn,;/ af IIk Tiiii.-iiifi/ nliilnr /" flu' I'rnlrclioii nf Si-nl mid K<ifiirrr,i,riil nf f.iiinni
AUt-ihi, iitiit rf.-iitiinii'it(h iitj III! ttfifti-iifirititii'it i*f L'."i,(MIU ihilhtt's fn,- tjn /ii't'fiiiii' Mitriiif Strriff in
thill Trrrilniy. F.hni-irf/ 1.''4, ISH."..
(Kx. hoc. No. L'."iL', 4-lth (.'iil,;.'iv.s.s, L'nd Sessinn.)
Iti:vi:Nn-; M\i;im; Ski!Vick.— In thi- eoniMMtion I hei,' to eall the attention of Cunvii- to tlw
iin|ioitanee of the Wnrk |perhirineil in Ala.ska hy the itevenne elitter.s. 'I'iie seal lisheries yield amiiliilli
to the (lovernnienl :i uiviiine of idiont :'llll.00ii ilollars. The islamls mi whieh tln' seals are liiki'ii
lire proteetinl fmni inenrsions of marandinL' ves-els almie thioneh the iini/in'j nf the h'eviiiui
eutti'is.
.\|ijnridix No. I',.
j;,/,,,,/ I,/ l/„ Criil-.' I'f thi l;,i,ini, M.filiic Sli-niiiii- •' l'iii'ii-i,i" ill l/ii iiiiir 1 M.sl.",.
(Kx. Hoe. No. I.'i.-,. dth Con.L.'le.s. l-*t .Session \i. 1 ."i. )
ON oiir an iv .d al (Inn.ilaika on ihe I.Mh. the -li'aniei "Dora" was in |iiiil,.inil three i|a\ , l.e'
the sehooiier " .Matlie Turner " ariived. The " Turner ' re|iorli'd liav in;; M'en. ihiee week.- |iiin mii-. '
seliooner hetweeii the seal islands aiiil iMnialaska, and thoii^dit .sliii mi.uht siill he erui/.in.e in tli.i:
vicinity for the |iiii|io-ie of killine -e,ds.
.\|i|pendi\ No. 7.
■■ A'l"- J'li'/- ll.inhl" J, nil 7, \><X'\
Mil. I'll. .sink's " K\|iiAi!i:\.-.sMKNrs."--Tlie ■Triliiine" admits Ihal the '■ Herald" is riyhl «l»ii ■■
assumes tlial the Mate I le|iailmeiit » ill lie einharrassiTl hy Ihe aetioii nf the |i|vviiii|s Adniinislriliali ii'
dealiie.' wilh ihe jiidiiinji's Sea i|ne-lion.
That is to say, Seeretaiy lilaine.il he nndi riakes to neootiale wilh ICneland oii Ihe thi'oiy 111''!
Itehrine's Sea lielween the siiflils and the .\lenliaii Isliuids is a Inlid-loeked or (lo.sed urn, will !•
eonfronled with r nl eoide.ssions hv Mr liavanl that it is an open Mea, and that its lisherie.s ale t" h'
royulaled hy inleinali il aetion of the leadiiiL; .Maiilime I'owers.
Very tru(!. It is hiss than two years .since Sucri'tary llnyard iiivitod u nuiiilier of foreign I'effei-
into some (irniiiK<inient with the t'nited Stale.s for tlii,- iinitection of Ihe llidiriugH soul liHliurics. Tl)«'i
281
xeM n distinct ndniission on the pnrt of tliis OovernniPiit, aiicl n specific nnnnunccment to the Powert
ail'lrwiseil thnt tlio United Stnt<'.s diil nut i liiiin cxc hisive jnrisdiclion over the wntein, nor a-ssume any
L'XciiHivc rif,'lit li> i(';;ulati' thf tislicrics. And in kee|)in}^ willi this vinw wa's thi' iictiun >>! the (lovern-
liu'iil in nidi-iin^! the li'h-a.se <if tlje Caniidiiin seahTH seized liy uiU' eiiiizeis. (JC eunise all this will
i.riiiiiptiv and with i'en.scin l>e eited aL.'iiinst Seeretiiry lilaine if !a' now al)anil(ins the pusitinn and
iniileilakes to maintain the icintrary.
Hut this is nut all that will lie cited afjiiinst the Seeretnry to his " euihainussnu'iit. ' Id- will lie
niafruMtecl liv the fait that the United States mure than sixty years aj,'(] emphatiially denied the claim
el h'li-sia t(p cNchisive jnrisdii'licin. and ne\er ccmceileil that claim whih' linssia uwned Alaska, lie
will he I'linlViinted hy the fact that this ( iuvermnent asserted a similar priMcipli- In the ease «( the
Iilack Sea and that of the liallic lie will liirlhei Ik' confronted liy tla^ ;^i'o;..ra|ihiial lad that
Itelirin^^'s Si ,1 is an opeti sea, and l>y the nniveisal |>ritjci|ile of iiili rnalional law that an iipin >ea
iMMiiiit 1k' iiwned or controlled hy one nation wilhnnl tlie consent of othei nations. Lastly, Mr. lilame
will he " endiarras.sed " hy the hict th.it he is the first Seeretaiy nf State to advance llin elaini that
li.-lirin^''s Sea is a closed sea, sMlijeet tu the conlrid of the I'nited States.
Hat, says onr :'oiitemiiorary, rresidcnt llarrisim's i.'ceiit riuclamalion, which is hased on the Act
ef ('"ii),Tess of the -i.il March, IS.Sil, " I'ndiodies the ilaim tu e.\rlnsive jurisdicliun." Well, snppose it
iliH'S That cannot help .Mr. Iliaini' ninch in his conlruversy with Kni.;land. \ claim as.serted liy
liin.'ress iir the ['resident, or hoth, has no mure international force than a claim a.--serted liy the State
llc-liartinent.
lint docs the Act of ('oiijjre.ss of the "Jnd March, on which the President's I'roi laination rests,
a»sert the rijiht of contnd over llehriny's Sea ( It asseit.s the ri-iht ul cuntiul ovei' " all the ilumiidoii
(if the United States in the waters of ll.dnin^'s .Sea." Now the extent of the' dominion uf tie- I'nited
States ill those waters is the very jmint in issne. The previous .\ct ]iassed in IKliS. imi li.itely after
the purchase, apiilieil to " the waters of Ala.->ka." If the .\menilatory Act of l.sS'.t was inteialed to
a^siTt .1 larj^er domain than that of ISil.S, to deelare in favonr of e.xclnsivi- jurisdiction, will iml
.Mr I'lliiiue \h' also ciinfrnnteil with the arounient that thi- claim wa-; not asserted liy ( oniiress till thi.s
>■''•"■'
lliiwever, we hojie that .Mr. r.laine will lie alile to overcolni' his many " emliariassments in the
fiiMti'iiversy, and to satisfy Kn^land and the ulher I'liweis inteiested that his claim is well ^jrouniled.
lii'liriuii's .Sea is a jzivat liody of water, and its li^heries are very vahialile If we can secure euntrol uf
it Willi loreif,'!! consent, .so much the U'tler for us. Itnt it looks us if .Mi', lilaine had a liij; niideitakini,'
oil 'lis hands.
" AV-" J'e,7. //.r.//./," ,1/..// -.".I, IS.S'.I.
TlIK liKlllilVd's Sk.\ (JfKSTIoV.— So it seems Secietaiv I'daine has decided that lielirinu''s Sea is a
mntY iliiH-siiiii, or clo.sed sea, over which the I'nited States has exclusi\e iurisdiciioii and ahsoiute
L'untidl. No one, native or alien, hut the- .Maska Cciiipany is to he allowed to catch seals in those
waters, and any vessel, American ur forei'^'ii. found violatiii}; this )iriihiliition is to In seized.
('an Mr. lilaine snece.ssfidly maintain this (laim in the diploinatii' controver.sy which it.H
iiiiiRiunceinent must piiivoke ? (,'an our (lovernment undertake to eiifoi'ce it without iiivitint,' a
fireiiiii war (
The claim is aaainst iiuiversnily reco(,niized principles of international law It i- i.|ii>osed to the
tiinlitioii.-. and preceilents of our own (lovernment. It is contrary to the record of the Stati' Itepart-
lueiil nil lliis vei>' ii'iestion us recently as the administialiun of Mr Hayard.
hi the law of nations nn ]iriiii iple is more .■.ettlcd than that the hi^h .seas are the puhlic property
iiftlie World, which cannot lie moiiopoli/.ed liy any one I'owvr, .Vs Woolsey .says: —
The liijjh .sea is fr"" ami open to all nations. It aiinot he the property or the eniiiiie of a
Jiiirtii iilar Slate. It cam. 'oine property, for it cannot he |Ki.s.se,s,sed. It is clearly lor the coiumon
U'lielit of nmnkind. It is a lonimon pathwav, sc paniliiii; iiiid yet liindiiii;, intended alike for all.
It is einially well setthsj that a nation may own and exercise exclusive eontrol iiver a "closed
sea " — that is, a IhhIv of water either Ivin;,' wholly within, or is almost entirely surioiinded liy, its own
territory. The jiirisdictiiin of eveiy .oiinliy over the oeean for a marine leaj;ue, or :i miles, from its
coast is universally c-onceiled.
A L'lanee at the .Map will show that liehriiiij's Sea is not a doseil .sea. It is a vast expanse of
water iimre than I , Hill) miles wide. It is not laiid-loekeil. It is part of the I'acilic (Jcean ; it hinns
the water liii;hway helween that and the ,\rctie Iteean. To claim it is to claim the liieh seas.
The State Idpartnieiit now Iulscs its claim on the rijjhts acipiired from lliissia when we purcha.sed
Aliiska. There can he no cpiesti<in thai the United islates succei'ded to all the rij,'lils held hy Ifussia.
Dili what were li'u.ssia's ri;;ht,H '
It is true that Ku.ssia claimed l'.ehrin^;'s Sea lon;^ liefnre we lioi|i;ht Alaska. Ihil that country
iii'ver had any exclusive ri};ht to it, for the simjile ri'ason thai il never acipiired, and never could
iicnuire, except liy the consent of nations, any such li^dit. This (ioveriiiucnt cannot simply hill hack
'111 li'iKsia's claim. It will lie leniiired liy foreien pnwcrs to show that the claim is well founded, oi
iib.iiii|iiii it.
lias. ill's claim was never concedi'il liy any other Tower. I In ihe contrary, il was ein]iliaticiilly
JiMiieil hy the two foreign I'oweis most interested. It was denied hy the I'niti'd States, and it was denii'd
liy lireat liritain. linssin yielded to this (lovernment in a Treaty made in I.S.'l,anil to Kiiudand in
"111' iiiaili' in the followino year. Our Treaty continued in force for only ten years, lait we never
'' iiiieiled to linssia the rii^lit il claimed.
If the State Hepartment now undertakeH to maintain lliissin's old claim it will he confronted not
"Illy hy the opposition of Knj,dand, liiit also hy its own record. Moreover, il will run coiiiiler to Ihu
iiiliiimti. iial principle il lias invoked nuaiiist foieii,'ii rnweis in numerous cases, that an open sea
tauiiui he eicluBively cuutmlled liy any nation.
[128]
2 O
282
" Fur Sill/ FUli'rii-! nf tin- Pinijle Consl iiinl Aliixhi."
Tins ii;i;ii|i1i!('t, ill iiiiiiirclidii willi l!if Cliart iiicli'-ii'd. i< ilc^iiiiii'il liwxpliiiii iiinin pnrtii'iilarlv
ti) our K;i-lriii Si'ii:iliir- iiml I Viii^mcssimcii tlii' lull value nC tlic I'lir-siMil lisiu-rii's, in (inliT lliiit wli.n tin-
i|U(-<liciii 111' ii'-liMsiiii,' till' rui-si'iil isliimls III' St. (ii'iiivT Mini St. I'liiil aiisi'S, tlh'V limy kiinw cxiu'tlv
vvlial tlicy air (luiiii;, sii that tlicy may nut '^'raiit a ini)nii|iiily tu any tiiiii ur ('uiiipaiiy lur a trilli', Hhiih
lias Ipci'ii iliim- ill ilic ))a.st In tlif Alaska ('iiniini'nial ('iini|iaiiy ul'Saii Kmiuisrn.
Tlii'Si' i^laiiils ari' sn lar away trmii the ciisti-rii jiarl nf mil- ruiinliy lliat llii- ','ii'at liiajinity nf
liii'Viliaiils ami Kiisiufss ini-ii kii'Hv rHiii|iarati\ily nutliiii'j almiit this ._Mi'at iinhisliy, ami tin- iirnlii>
cmimTli'il with till- sanii'.
Till' wiili'i', iliiiiii;,' Ihr past twii 111- tliM'i' yi'Mis, has nii't a Ljn'al many I'asti'rii visitors to mir I'liast,
ami «hi'n"Vrr lln' i|iii'siion of thr liir-si'al tishrrii's has hci'ii In i;lil ii|i hi' limls that in all i-asi's thev
have not thr s|if.'htrst iilca of thr same, ami whi'iii'vor thr vahii' is i'X|ilain>'il.iiliil ( harts shown, shnwiii;'
just !;■'«• liroail tho ilailii our (iovi'mim-nl has laki'ii in its jiiiisdii limi nf Ihi' lii'hriiiy's Sra. in ]irii.
tootioii III' thr fur-«i'al. or iiiori' partHiilaily |iioiriiim,' ihr Alaska ( 'oniim'n iai Conipanv in lln'ir v:i>t
inonn|iiily III' th . I'ur-scal tisln'rii's. ami hv this nioiiopi ly I'lialilin;^ this ('onipaiiy lo conl ml nearly :ij
of the I'ur tiiuli' of Alti'ka, Ihi'y ai-i' aslonishi'il.and still iiiori' whrii it is fiiithi'r t'\|i|aiiii'il lo llina that
till' 10(1,(1011 fiir-s.'ais, as taki'ii liy thi' Alaska ( ■oniiiii'niiil ('oni]iany, lirino m-arly '-'.ooo.oiio lll,lltt^
rai'li yi'ar. ami for this ]irivili"_'i' tin' Ici' to tin' I'liitcil Stairs' ( lovi'iiiiiii'iil is Ihr siiiall sum i.f
;i!u'i,L!Si'i ilol. SL' v., liriii).; till' cvai't avi'ra'ji' aimninl paid hy thr Alaska ('oiiiiiirrrial Coiiipaiiy. and tu !"■
[laid iiy Ihi'iu rarh yi-ar, as I'laiiiii'd hy the Alaska I nniini'iiial I'onipany.iliirini; the twi'iily yrars nftheir
lease. This is taken t'lniii the Alaska ('oinineieial < 'oiiipany's ii»ii slaleineiit in their reply to (jnvi'iijdr
Swinel'old's eharp'S (see p. 12 of that voluMe)- ami these lij.'iires lailliol he disputed liy lliein— thus
Piiahlinu' the Coiiipaiiy to make a i lear prolit of not less ihan I.lliiri.OnO ti, l,L'."o,oO('l dollars ciicli
year oil' the seal islauds alone.
When they eonie to lieiire thai this has lieeii Lioin^' mi lor nearly twenty years, it is eiisy to expliiin
hinv they have i oiitiolled all the trade of this vast seelimi.
Kvideiilly a .stiou',' ell'orl is heiiij,' made hy eertaiii parties that tin' leasino of the I'ur-.seal islamis
.'hall he at the ilisiivtioii of the Seeretary of the Tri'iisurv to sav who is the proper iierson to lease those
islands to. and that a m'I sum shall he the speeilied aiimuiit lor thi.s lease. lielow we ropy a:i aiticiij
cut I'loiii one of the daily paper.s, entitled —
r/ii Siiil /V.<;/<-n'M.
(All interestiiiL; liepurl |ileseiiled In the House.)
H'liiliiiti/fiiii. ./iiiiiiiin) 2'.i
IJpprosentativp l»iitin, from the Cinnmittee on Merchant Marine and Fisheries, to-day piesentiu
tlio results of the iiivesti^'atioli hy the ('ommittei' into the fur-seal lisheiies of Alaska, with speriiil
rel'ereiiee to whether the ('out raet LiiviiiL; the .Uaska Commereial ('iiiu]iiniy I he rioht to take fui -seals liail
lieen violated. I Minn aeeoliipaiiied his Iteport with a I'ill on the siilijeet. It jiruposes tn aiui'inl lln'
pre.seiit Law hy ]iriividin<.' that om? year hefore the present lease to the Alaska Coinpaiiy expin'.s, "t
when any future similar lease expires, the Seeretary of the Treasury shall lease to the piiiper pTsmis
the lii;hl of lakiie,' fur-seals on the Islands of St. I'aul ami St. (ieor^'e for twenty vears, at not less tliiiii
r)(l,000 dollars ]n'r aniiuin, and .'i dol. ."lO c. in addilion fur eaeh sealskin sliip]ii'il from the islaiiil.«
.Such lease shall not he tralisferahle.
■Vou will iiotiee in this lleporl il is leeommeiidid that llie Seeivlary of the Treasury shall lease I"
the ]iioper |iei^oiis. Now, the ipiesiiun is. who are the proper peis.ius ' Can any one read this Ile|«T!
and l.iil to see where the interest is ' Why not put llie leasini; of these islands in a hiisiness sliii|ii' lik''
any III her ( liiveriiiiienl Coiitraet ? Let it he awiMiled lo ihe hiiihesl hidder. i,'ivi all a clianrt'. .in.!
not allow this one man to deiide who are the proper persons to whom these islands shall he leasuL
If il is done in this wav il is safe to sav ihal Ihe next lease will realize liom (il)0,(lllil !■
,S(iii,(iiio dnllars pel annum to our ( lovi'minenl, instead of 400,1100 dollars, as pur reciimmemlalioii "I
Mr. Itiinii.
Von v.ill also notice that it is reeoinmende.i to amend Ihe Liws .-o that the Secretary nf ll^t
Treasury shall not only have llie ]iiiwer of re-leasini; Ihe islands, lint ihal this Law shall ap)ily In :iii.''
funire lease, therehy extemliiio liiis piiwri lo an uiilimiled extent, ill fael as Ion;; as these islands M'
of liny value for leasing.
Who woiild not like lo he th.e Secretary of llie Treasurv and have this power ' Il would he aliii"S'.
lus oood as ha V ill',' llie islands them.selves. Now, We |iriilesl a;,'aiiist such aelloii. Il shows fraud iipnli i^
face sii plain that a hliml man mcht to see throi|n|| ji
This lleport of ihe L".itli danuary ^'oes furlher on, ami says: —
The pieseiil Law i- declared lo apply lo all the waters of Uehriii;;"s Sea in Alaska mentinnt'il ir.
the Tivaly with L'ussia liy which Alaska was eeded tn the fniteil Stales, ami the rresidcnl sliidl take
ineasiires lo have arrested all persons, and sci/ed all vessel.s, violalinn Ihe laws of ihe I'liilcd •Stali'i
therein In addilion l- ihe ahnve pinvision is made for the |irolectiiin of the .sidiiiou lisherics. The
Ko|iort ieromnienil~ Ih.u the A'l to prevent llie evt^'-iiiinatiou id' oui lur-heariicj animals in Ala.skah
283
ic pnrtic'iilarly
I lull Wlii'll till'
know cxiii'llv
r ;i ti-illi\ wliiili
cat iiiiijiirily nf
ilid till- iirolii..
im to our const,
I ,ill i-iisi's thfv
llliWM. sllliwili;'
il;'s Sra, III )mi-
IV III llii'ir Vibt
.111 ml iii'aily ii;!
I'll III llii'iii that
IIIMI.IMKI ilnllnri
lllllll >1IMI III"
Hiaiiy. mill tu Iv
V M'urs (if llieir
|ilv til (-iiivi'inur
l.y llii'ln— tlii;^
IIIO iluUiirs ciicli
: Im-scal isl.imis
u 111 li'asi^ thp«e
■ cii]))' i»:i articlu
/. .Iiiiimirj/ 2'X
tii-day iiii'si'iitr'!
iskii, Willi .■•I'iimI
akf I'm -seals h.iil
■S 111 illlll'llll tlif
ii|iaiiy i'X|iin''', I'l
!• jii'ii]ii'i' jH'r^i'ii'
, al mil lusi' 111"''
iiiiii till' isliiiiils
iirv shall li'a<i' t"
ii'ail llils I!i'i"n
isini'ss sliapi' lit^f
ill II cliaiiii', aiiJ
sliall 111' li'iiswL
In, 111 lllMl.dllil to
I'liiiiiiii'iiilatiiiii '■'
Si'i'fctary uf ll'f
,liall apjily 111 iif^
tlii'si' isluiiils are
Wlilllll 111' illllli^*'
ws fiauil uimii it-'
iska iii('nliimi''l m
vMilnit sIkiII t.il"
till' I'llili'il St.llrf
nil lislii'iii"^- Tlie
iiials ill Alaska l'^
cnntiiiiit'il in (nrc.i\ with iirtaiii aiiii'iiiliiiriits, liilii'viii:,' tlial ii'it mily ihc systiMU it adoiits hut tlie
int'tliiiil'f III' larrjiii},' it iutii I'lli.'ut an; wuU ailajitcil I'nr tlii; imriKisu iiiilicati'il.
Ill iniirliisliiii, the ('iiiiiiilittci' lillil- till' fiilliiwiliL; tails.—
That it till' Law iii'iili'i'liii;; M'al lllV is I'liliirci'il, tlii' |ii'i'srrvatiiiii
III till
il iiiokiiili'~ w
111 111
llii' ii'Vi'iiiii' riiiiliiiiii'il aiiil iiiiri'asi'il, ami llu' liativi' iiihaliitaiil> nf llii' seal i~lamls iiiaiiitaiiii'il, without
iSt 111 lllr tliiVl'lIlllli
till' liiiMTiiiiii'lit, mill hius ruiili" II
III : thai till' Alaska ( 'iniiiiii'i'rial ( •iiiilniiiy has f
li'il liliciallv 111 11
II Uy 1 1
'iriiniii'il its Ciiiilrai't, with
11' sii|ijiii|'t, iiiaiiitriiaiK'i
iiiiiliirt, am! I'lvilizalmii <
f
till' iiihahilaiits nf imt only llir s,'al islamls, Inil In iIm.si' nt tin- Ali'iiliaii Islainls, Kniliar, ami lli
,iiiil: that llii' tiii'-sral iii<lii~trv will
till
till' iiri'si
III hiasr ; thai tin
liavi' |iai
I iiilii till' Tii'asiiiv iiVL'i' S.iMMi.iMlll il.illa
iif
III lit AliLska Id till- I'liitcd Stall's lIu' liiisslali
I't iiliicci 111 till' |illli'lias»' (it Ahiska was thr iii'i|iii-illi.li
lliH \alualilr |iiiiihirls 111 l!rhriii.;,''s Sea, that at tln'
lilli' In riihrliiL;'s Si'a wa> iii'ifcrl ami iiliill>|iiiti'il, ami that liy virtue nf the ee^^inli the I'lilteil Stales
ai'.|illli'il riiiii]ileli' title In all thai |iniliiiii i.f riehiiiig's Sea -itiiateil within the lliiiils |iri'sei'iheil liy
ill leviuw-iiii.' Ihis )iiirl nf llu
e)iii|l We are 11
it ini'iiareil In say that the I niiiiiaiiy has not fiillilleil
,ill nf its iilili'jatiniis In llie (inveriiiiii.'lit, eerlailily It -iiiiiiM have thme sn with lie prnlits eniiiieileil
with this iiioiiii
■|'i
iif the Uelinrt was. as we iiiiilei-staml. the result nf .in iiivesliu'iilinii
ill llic diaries iiiaile hy (inveriinr /Mfri'il I'. Swiiiuforil. nf .Vhiska. against the Aliuska Cominereial
fiiiiijiaiiy.
iliite :
We hi'iehy re|nililish Inivenmr Swiiielniil's re|ily, as ]iiilill~lie(l in varimis pajieis pievinus
'/i/i'i nior ,^iciii(Jur<t''i Jlijiinl.
iial lt<
•It nf (hiver
iinr Swiiiefnlil. nf Mask:
.\lii-ka ('niiinierrlal ('ninpany was laid liefnie Imlh llmises nf
I, nil the territory ami the n|ieralioiiH ut tliu
tn llii.^
I 'nli;;ri
the lUtli .la
The (Inveninr realtirins ami eiii]ihasizes the aceiis:i
V in Its ilealinns with the natives nl
Cnin'erillli'' the treatinelit nf those
iliniis herelnfnre iiiaile liv hiiii a'.'ainst the (.'oni-
' than llinse liviiin mi the seal islamls.
Ills nn wnril of enniplaiiit. He alsn savs that the Cniniiaiiy'.'i
• '■iiitiai't with the (Inveniinent relative tn the laklie,' nf fur-seal is. in his opiiiinii, faithfully nliserveil.
The (•
t'itl'ellie.
illlpuliys treat liielit
iif the mainlaiiil natives hi' eharai'lerizes as unjust and I'l'ilel in the
riiiii; (o the denial nf the char.^es against the Cniiipany in his last .■iniinal lleport, he
anw and here reilorate everv niie nf tlinse eliarges, though 1 know full well that an invcs-
li;;;itiiiii made liy a ('nininittee nf ('niigless. linlding its sessions in Washington, and ealling as witnesses
"Illy llinse will) have lieeii recipients nf ihe ('niii)iaiiy's favours, is lint likely In arrive at any jn.st eoii-
idu
IJeft
••I
as to their truth or hilsity. I can only say that each and every statement I
have iiiaui;
lerning the niieiatii
lis lit tliu
Coinpany is siiseeptihle of the clearest and iiiost ciinvlncliig ]iroi
till- ividi'iice will not he foiiiid Iviii'-T iironml loose in the cities of Washiiiglon and San I-'i
if, hut
II. It
M h.
iiiylil for miioiig I
le iieoiile wlio liavi
sufVered from its oppre-sions rather than in the persons
iliii have had free trans]iortaliiiii nn its ships and
of til
iillii'crs and aL'ents. .\ Snli-( 'nmniittee nf < 'nnnri
leell winei
1 and dined at the tahles nf its
iig nver the rniite taken hy nie in the recent
iiiil/e (if the ' Thetis,' iLsauring the people nf prnteclinii against still greater oppression after its depi
tine, will have no dilliculty whatever in tiiiding the evidence to provu iln; truth of every .statement I
have iiiade."
The Kcpiirt fur IS.S7 almvc referred tn was pnhllslied In the " l''iir Trade Ih'view " for duly
IS.-^T
Tl
Kiir Trade Id
N. u Voik Cilv,
■an he nlitalned hy addri'ssing the |iulilishers Xi
rioiid Street,
111 K'h'iriiig In the jiarl of this jicport where it is clainicd that the fur-seal industry will have paid
iLln the Ticasurv (ivi'i- .S IMMl.illll) dollars ilni'ing the period of the jiresent lease, we elaiin this ]iart to he
flllse. The III ' - ... '.
.\!:i>ka ('oiinm
I'lit has mil, and will not. have received It at the end of tin
and lakiiii.4 the
pinl, the
I 'iiniiiaiiy's reply to (Jnvernor Swincford's el
.\laska ( 'oiiiniercial (
oiiiiianv savs :
.\- ll
is jiart of the snlijeci hears n|ion the ('ninii:
In rel'eriing tn wh.at they have
I'la'inii In the ( niveriinii'iil, we iiiav he
i-xniscd Inr here calling alleiitinii In the fad that the Intal annual tax and reiilal |ialil hy this
tiiiiipaiiyin the rnited Stales I'r the Isi.lulv. IST'I, In .Viigiisl IS.'^T, anioiints to .l.-JIIll.T:!') dol" !!• c.
' Culiiilaling that (he lull nniiiher of fiii-.seals for the next Iwn years he taken, we will have paid
the full .Sinn of ."i.Hi."
111. 4:1 I
See pp. II and I- nf reply nf the .Maska (.'ninnieiclal ('ninpany In the charge nf (invcrnnr
Alfred K, Swinefnrd. nl .'Vliiska, against the I 'ninpany, in his annual li'cpnri fm llie year 1S.S7.
Now. this is ciipieil directly frnin llu- .Vlaska ('niiinu'iilal I'miipaiiy's reply. Taking their own
li'.'iiii^ hir the saliie. where they only chiini tliev v.ill have |ialil into the Treasury at ihc end of their
,'-iL'."..7:lil dol. 411 ('., this leim
lit!
iii'liinlly have iiaid. accoiiling to their own ligures. and what is
ce of :.MI74,:;ii:I dol. .'ll c. helweeu what tliev will
ila
I'liiiii Now, We ask, why this hilse representatinii hy niie of nni I
■d 111 llic llepnrt of Kepri'seiilative
clili'-i'lilatives
11
iiviii'j now fullv
II whv this K'l
recninnieiided, shniilil have no iK'aring — showing the
l^ilsily nf Ihe same — we will now go liiilher. and -Imw the value d .he i .ili h nf the l|i|i,(jliu fur-seals
t'lkeii I'V the .\laska ( 'iilninerclal Cniupaiiy fur the ye.ir l-^'iSS.
We will alsn slinw nearly the actual cost nf ihe expense In llic l'nni|iaiiy in taking ihi'iii, .seinling
liiiiiarkel, ( nininlssiiiiis, \-c. While this is a dillicnll mailer tn do exactly, we will coine near it. and
iilhi
tavti
iiig maiglns in I'avoui of this e.\|«'n.se,
[128]
so that it will undouhiedly leave a halance in iheir
202
284
till' lii'tl plaic, we liikr llicir iivenijje aiiiiJiiiil (Jiiid lo llic (iovcniiiii'iil, ih pel
tliiM ipwii cslimati' and siali'iiiiPil
Tliis iiiii>l lie I'lirrcrt.
\Vc llicii lake the lilu
III tli(
paid 111 llif iiali\cs I'.ii killiiij; and -<kinniii^; thr ^ral.
ily 1(1 ( iiiviTiiiii SwiMrfiinl's diaiyi' (p !'.•) llicy nay
Ji'i faliiilii's on SI. (Iciiii,'!'
"Tlu'iv all' S7 I'ainilii's mi SI. I'aiil Island; llicic
Lslaiid ; niiikini.' W'A runiillis in all.'
\Vi' will ;;ivr till' lifiiilil 'i|' t.'pll duUar.'* lui- imcIi taiudy. \vlii( li is llir ldi.'licst ]iricr
daiini'd as licinj; paid Id llii'in lor tlirir sctivirr (sec p. Iii in llii'ir nplv In Cnvfriior
Swincrnrd'.s clii
Idadii
Jicpiirt,
U'ji tl
nil
Tliis WdiilJ j,'ivc tdlal i'\|it'nsc fur killinv;, skinnin;;
iind
H' vrssol, a
|iaid Id the iialivu.t
is alldws llic vriy lii'Ja'sl cstiiiiali' paiil I'di- iliis srivicr
accnrdind td lla'i
I' will nnw la.ikr all allnwani'i
il'
fdr f.\))i'ii.si' of lla' Cdiiipany nn ihc islands Im tlic >iai. iiulrpiMidciil dl llir sum paid In
the iiatiws. This is luv whiU' ih'ik liiic. 'nsniav ■(•, and I'di Incd, and an alnindaiil snpply
of salU'd saliiii
Inl! ma
fdi ll
eh is yivcn Id 111!' nalivi
III I cnai
u'r, iV r . which wi' think tci he
he llc\t Item
11- C'\pl'l|s
rlise is sail, which is ihe nnlv ailic le used td cniv the skins
We will say Ihi'l il lakes liMI tdiis nl' salt— L'lHl tuns wil
filidll lime in wliieh ~eals aie taken, il ddes mil alln
this, lail 111! aecdiiiil nl' the
neh time li
use It iivei-, w
hieh
•an lie done twn ur three tini
Tl
suit at
Fi
lileseiit IS
Wdilh '.I dii
ais per lull III San
uneiseii, in .small luls nf 1 In III Imis. We will say that il en.st that for 400 toii.s,
making; e.vpelise nl' sail
Thi
next Item IS oust 111 tiaiispi
italidii fiiim the island tn Sun Fmiieiseii. Tin;
Bteainer " St. fanl
desiencd fur tl
r tills piM'pi
1888, eleariiii; I'lom S:ii Franeiscn Ini I hmalaska
Ist'tlip. eleaiid March L'L>. IH.SS
L'nd trip, cleared Mav IJ, IS.SK.
She made Ihive trips (liirini; the yen
■'1
.■lid trip, cleared Selilenilier lo. IJ^HS.
hjieh time the manitest lalled Inr assiiited •.; Is and inereliandize nt' Viirirais kinds,
iinsi;;ned Id dtlier parts nl' Alaska, sn that ]iiiihiilily
' iisiness, iiiileiicndenl
Inllv
e-lialf lit whieli was
one-half nf the expense df this stei
of the .seal islaiid.s. On twn nf tl
aid lie ehaiL'ed In ntlier li
icsi' trips
(leareil with thirty men, and unce with
thirty-one. The steamer is jirdlialily emplnyed ei'.'ht unintlis in the year.
i'Xl>eiis
uf this canniil he acciiialely estiniated. Imt hy estimatiiiL; Ihe expense df this vessel
for tl
ic rear, ui
mill, we think.
;ive jiiriL' niaVL'in. sn
as td inclnde W(!ar and tear, interest
on investment, insiiraiiee. Ac. ; lliis wmild ;;ive expense a lair estimate until jiiidds aiv
la
aid in S.ui Fiaiicisen. We will allnw H iier cent.
aiicu td l.iinddii on, .sav,
wiiiild pidlialily lie the extent that these skins could hu insured
l.-.TiO.IMHI ddllais, V
for, and which amnniil- tn
When the skins arrive in San Francisco ihev are iiacked i
n casks, I's
for thi^: pm|idS(i. which cimlain mi an avera.iic
40 td 4." skii
pecially
iilliiiL; 411 skins. This
wmild
aki
."am cas
I'rai
ici-cd mar
kit
value nl same h
■2 ildl.
ch.
liiakniL; tdl.il expense
We will ;^ive exp
i|- p:
iiii.i; ill casks, ilrava^c. and sliiraL;e in San Francis
The tiei"hl at present tinii; lietween .San Fianciscd and New Vmk, in carlnad Int-s,
keill
fi.ir seal-skins in pickle, is J cents per Ih. When pac
and lakiiiL' this as a liasis, they wmild make nearly l.icM.OOO Ihs., at
lev will aveia,i,'e lieailv
Hi n.^
rr Ih.
We «ill say it ciist diie-ladf this aiiimiiit In lay and delivr them in hdiiddii via
I'idiii New Vdik. which, we think, is a lali;e estimate
This lavs them in bindn
idv fd
cent, alliiwed him,
1,81)11,(104 dill. I'OOil
hieh is ilediicti'il I'rmii his purchase. T
)iiirehaser has a disc.minl nl \i\ )ier
lis wmilil
make
iidiiiil reali/ed hir the skins
('. M,
.aniiismi an
I (;
chalices liir ediiimissiiin im the sale df salted liir-seal
skins, which include iiisiiiiiiiee, stoiii;;e, I'ce., alter the ;;ddils are delivered In them, i.s
■1 per cent.
This cives total e\)iense of calcliiin,'. eiiriii;.', and niarkelin^; the lllll,IHMl seals
Dol.
J0(!,28i) «2
,)l,8:al an
"iO,(HiO 00
a.tiOO 00
."lO.iion I in
18,7011 00
•i.MT.'i 00
1,(111(1 1)0
l.llllll llO
I li. 11(10 110
iO,.i(17 '■>"■
Till
l)i
estimate iil' cust
sconiit. L'J per cent.
I 'oinmissiniis, i\e
, (,'. M. La 11
Lalimir nf the nativt
|isdii and (j
L'yi'i.iiHii »■:
47,:;.-i--' :(."'
7.'i,iiii:i 'b
."il.S.MI uO
470,01)2 'M
These tiijiires ale jiraclically correct, and can he verilied. This anidiints tn within KM,;!?") (Inlliirii
which is estimated, lint the estimates are iimde Ion;; eiiuii^di sn that any Cmiipany olilaininK the fiitun;
lease of these islands can contract in San I'laiieiscn lor this poilinn nf the expense at these tigure-s oinl
oven loss.
llavini; now loiiiid the actual en.st, nr near the same, of the 100,000 bciiIs, we will m further aiiii
285
(iiul what llir-ir sL'iils were Sdld for; wr riiti tlicii ilrtcriniiKt llic |i|(ilil. en- near il, lor llic yciii
ll„. 1(111,01111 siniIh.
lass
Till' skins, iil'toi airiviiif; in Lipinluii, wi'ii; sold cm lie Hili NummiIht, ISHS. liy (-'. M. I.iiiiili'*'
I Co at jriililii' sail' at till' l.iiMiliiii ( 'HiJiiiii'rrial Salr li'nni
III) laii U' iilitajnril I'piiM all it\|Hii'li'r.s u|' lins, ov Imni all
. M
iiii'iii:
LlIK
CI' their ca
'jilip;;iic
till' I'liiti
Stiitc
Tl
iH'y \vi>vr
siilil ill lots, tlio lar'.'c^t Id 111' wliii'li
lait;c' III!' Iidilsi's ill tlir iiiiiiiipul rilii-s nf
■d \i22 ski
I til
ynl Irmn \'.i»x. prr skin ilnwii ti
' liaM: Hssoili'd tile lots, and tilid that tlu'V lnoii'dil as fipllnHs :
In iiidi'V to yi t at till' I'Mul aiiicmnt itali/id I'V tlr
'^9 ^k1llft hruujflit
4l:i
.l.^tlll
1,24(1
l-lil
\4i
«ll
ls3
3,'Jilll
.1 21111
1 3"!. e»'h
12n», „
IIH». „
It4>.
till.
1091.
1071.
lO.'il.
l(l.t«.
•JHii.
O.'u.
!l4f.
l.ii'.iK tkiiii liriiiiKia
.11111
■i.lfil M
3110 „
:i.:iii3 ,,
'.'l.fillO ,, „
.1,41!0 .,
IKO .. „
101
20(i
S« ,.
• 70 „
].3"
li,IB7
2:i'»
2011
I.0i4
2f,3
»98
172
184
fin>. eurh.
7!'». .,
75i.
fi'Jl.
fi.'i».
31
29>.
Now, ill .siiiiiniin;^ iiji till' dill'cit'iit Int.s, 1 liiid thai iiisti-ad d' Ihrii' I'l'iii;,^ laily liMi.diMl skins, a.'i
ii'prisciiti'd at till' hroiniiiiio ol' Ijini|isiiii uiid t'u.'s ralaliii.Mii', rmisistiiii.' "I '.i7.''<7l Alaska t'lii-scal
•d
skins, salted, and -.Wl'.l .Maxka seal skins, dress,.,! ||;,||
, tlieli' was lIMI.IIlti skins, wliieli ii
o^i'.i.'.Hl'. :U, which, when redneed tii rniteil States' niuney mi the ha.sis <><i 4 dul. S4^ c. to the 1"
sli'lliiif;, aiiHUints M 1,S'JU,(I'.I4 d'll. ■Jllii'.l e,, ihiis liriiii;iii;.' nii an aveia;;e IH dni. hi)-"'.! e. per skin.
W. fnuiHJ tint tlu'^i' "kin^ hriiiif;lil
nctliirtini; thi* totnl i-oht itt fnint- . ,
Dol,
i.>i;iii,ii'.u 'juii;
.'i.Ml,.16; '.i3
lA'a\p« R lilt nrotil til
1,33ii.:j6 3f.-ii7
II HH,:i7'") dnlliiri'
lining! the future
hese ligure.s,auil
1 f-o fiirlhei and
fur the year ISSH. Kijiiniiio this a.s
"11 llie cai
l;iy. iheni
lael>, and ailV inie hv I'nllowiim the dileeti
lital investeil. 'I'alk almnt
all in the sliude in the iiiatter nf [initits
Tiieii hauls do, it makes nearly a nil |iio|it of i;;>S iHTieiit.
yonr sii^nr trust, oius stoik, Watef I 'oiiiiianies, railroads, iVc, this
Tl
lese li''llll
are not niere "iie.s.s work, Imt tin
speeilii
■all tind voniheis I'nr ill
I th
lese t'stiinate;
Having' now shown the value of this ].ri\ ili'j.'i' in a fair and laisiness niaiiner. we ask, is it iiL;lit
iiikI jiisi to the Ipiisine.ss men, nieiehants. eapitalist.s, and pelson> of the I'liited Slates who have money
til invest, and are more than willin;,' to invest wlii'ie there is a reasonahle ihaiiee for returns, thai tlii.s
|ilivili'L.'e should 1m' plaeed at the disetetiiili of one man to deeiile who is the proper person to hiivc this
l'ri\ili'
Ale we not rielit in this .laini that if it is jdaeed like any other lloveiniiieiit eontraet that
iliiii.lliiil to ,S(Ml,lMIO dollars |ier year will he ollered for this |irivili'^,'e, and hy parlies who will yive a.s
L'lioii liiiniis
L-ali he had for the fiiltilineiit of their eontraet
.\nioni; the various methods for haiidlini; of the fur-seals,
I'liai'',^!' nf this, and eondnet this hiisine.'
flic. Snnie would .say the liovernment eiiuld not i
liieut take ehaii'e iif this l.'eservatioil. The altiele^
one is that ll
ioxeliinient sjia
11 laki
a.s to derive all the heiiutil therefroni, whiih is not a had
lothis
It
•eeiiis plain and ea.sy
Let the f!ovi
till
•arv to eondiut the hiisiness nuild lie lioui;lit
same as il now is, with ordinary supplies
hv 111
.\
.iliiiiii;; its oHii'eis to siiperintend the killing
ilo this.
ami enrilii;
of tl:
L'ljiiipetent foi'i'iiia
II can hu oht. lined
as It leiiniri's no ''teal
to
tl
Th.'t;
iMrniiii'iil steamer
leav iiJUll
lid lie Used to trail'
port supplies on its trip lo tin
.\i-itie in
ll' sprini,' and hritii: hark In San Krani'iseo the se.il-skiiis on their return Hip in the fall, therehy
liUlsili'' hut little I'Mieli
on hoth trips ti
I I'l'iitn the Arelie they pass within -"id mile.'
of tin
I.'. M.
The .skins eoiild he paeked alul shipped under the proxision of the ( oivernuienl oltieials to
ani|isiiii and Co. for sale, and reliirns made direct to the Treasurer of the rnited States, This
si'i'iiis to he the hest and most praetieal wuy to dispose of this Ifaiiehise. therehy deriviin,' all the
lii'iielits there may he in it to the tiovernment. The piivili'i,'e of eondurtiii'.' a i.'ein'ral store on the
islaiuls lould he sold the .same as with 'itlier lii'servalioiis, as I 111 finiilies would undi'Ulitedly suppiirl
one ^;iiiiil i^eiieial inerehaiidize store.
Another way, which We think Mould he iiiuoli heller hir the hest interest of the pe'iple of the
Vmi\
a: I'liast, would
1 follow.'
Let the (ioverninent take iliaroe of tlii.s li'e.servalioii, and, instc-id of killiuf; 1011,000, take .JO.OiiO
stal.s; und in doiiij; this, let tlic seleeliim he more Ihorotioh, .so that the .'10,000 skiirs iliall he slrictl)'
286
clioicc skins, llial wmilil iiM.ni;;i' tlic lii^'licsl jMissiMi' ]irirr, Tlii'ii iil)iiiiiliipi llic ihpsciiI jHilicy «l
I'laiiniiii; the Iii'lii'lij;;'s Sim iik uu inlaml "ra, wliii'li lalilint Ih' iiiaili' ti> slaiid in Ihi' I'lnl. Ilcslriit tjji
killing nt Mill wliliiii tlic .'!-iiiili'iii'li-niili' liinil. wliati-vcr it ili'iiili'il t<i lu' tlic liinil i>f wlial ii iiatinn can
hoM autlioiitv
oviT tlif liiL'li Mi'as, ami tii tliis way it «
lailil
inuili lari;ci' rxli'iit lliaii it imw
111' imlusiry nf pnvatu ^I'alin^ In
A ihtsipm Mill ktiiiHiii;.' tlir val'ii' ul tlii'- iiidn^ttv hiuiM a~k wlu'iviii it wiaild lie l-i tlu' iiiliMi'>l nt
the I'iii-ilii' ( iiast til )iriiniiiti' tin' svaliii;; iiniiisliT liv privatr iiiilivi.lnaU. Tlu- aii.sHrr is, llir('i'-riiiirtli>
iif tin; niiiiii'V ili'iivnl I'min llii' ciitrli nl' tin' |ii'i\a((' siali'i' l> pill ri'.'lit iiiln riirnlatinii in lliis iiiiiiiiiii .
in fai't. i|iiiti' a lar^'r |ii'iii'iita;;i' i-i |int iiiln riri'iilaliun lirlnrc the \i«>rl Iimm-^ imrl. In miliT In iii,ik>'
iijaiii.
till.,
ivi' tlii' ili'tail III' ll
I'itlnr li\
II' |iiivali'-st'al('i- liiiiin
iliailiiin^' I'l' |inri'liaM
111 till' lir^t |ilai'i'. a vrnsul
'll •
ic vi'ssi'l.-i i'in|i.iiyi'il Ml this Linsiin's> aii' ninsll'
Miiiill siliiiiuiL'rs i'aii>;ini,' liiiin -Id tn 1 III Inns lniiili'ii, TH tmi'' lii'in;.' a raiiavii.i;;i' Im- si/
an onlur is ^'ivm tn mir ship-yanls Inv u vu.ssi'l I'm' si'iilin,i; :
K.
vessel III' til
is ili's(ii|iiiiiii III' Til tniis ii lair |inctr in San Kmiuiscn in
This is il('sii;ni'il tn lairv six nttt'i-- m- scalinu-lmats
Vs sunn as thii vl'ssiI is rn'i'ivi.'il tVniii llu' shiip-vanl, slii' ha
al a iirw nf twuiitv-diM' iiii'ii
I'nriiishiil with Iht
alii'liiiis, cliains, sparr rnpns, an
I'xtia suit lit sails, ilisbi's cDiikini; uluiisils, ami nthiir
arliilis tnn niinit'iiuis tn inrntinii, iif wlmli
is a Inw I'stiiiiatc.
The next item is thr six hiinti
ats. will
I an avi'rai'c
(if llMI ilnllai-s rach
A cniiipli'li' iH'W iintlit nf ^rnns, lilli's, ainl aiiiniiiiiitinii, laiif^inf,' rniiii lillll tn IHIO
dnllars, ai'iiii'iliiii; to tlin ideas ul' the iiiasler nr owner, whirh we will eiill
Salt I'
'I'l
or illlUl;
the skill:
len ciiini'S tlie item nl piuMsions
.nr a rniue nl
twi'litv-nne nii'ii, wniild aveiai'i'
I'lie
iji-illesl, whiell enllslsts
111'
nlhi
lilinkets. liiKits
liiediriiies snitalili' t'nr a ernize, and whieh the law I'l
■ii;!il mnntlis t'nr
Hies, tnliarin and
all masters In take, is estiiniited
ami
all hi
lUii 1
The ve.sse! is nnw readv t'nr sea except llie crew. These as a rule '_'n on a lav, Imt
punr men, they jii'iierally liav
e an ai
vam e paid In them, raii,yilii; llniii :;(l In
and with a crew nf twiiitv-nne men a master may he cniisideivd Im kv if
gets nil with less than
ailvaiiie iiiniiev fur his n-ew.
\Vi
I (111. 1
7,iH)0 ii'i
2.ri00 00
OiMi on
7 .'ill no
I Oil Oil
;iiin iiii
4'iii oa
1,'Jlil) On
Tntal expense tn start with
l;t,.iliil nil
This is as Inw an estiiiiale as a ve
ssel
six lioats can he hiiilt and rnriii-ln'il fnr In-r lii-t
iriji, wilh
malilv lair niujit siiilalile tn make a sue
expeii-e wliii'li any mie wnii
dialelv ''11 iiiti) I'iri'iilatiiiii.
Id he at tn i'n',^a;;e in this hiisine>
nf the Imsiness
IS. nr CI
I'his is near tin
I taiil
this aniniint
Al till
le present tiiiii' there are almiit liltei'li Aliierieaii ves.se
Wiilllil llilllll-
Is nil the I'acilii
Cnast ell!.'a:.ii'il in this Imsiness. N'nW eiMlld this lillsilless he lirnlinhl llji tn 1 1.j ves.sels, it Wlilllll leiiuin.'
1(111 new vessels and niillits. wliii'li wniild at nine put into eireiilatinii 1 .:'i"ill,ililll dnllars at the Inwi'sl
Cali.ulaliiiii pnssihle, and wmild L'ive einplnyment In
cateli
nf tl
le private sealer al lll.llilil dnllars eacl
!,lllll men. \Ve will imw eslima
line sea.snn with aiinther, is a
le till
fair
catch, and wiinld realize l,lll)ll,llili) dnllars I'nr the |IIU \essels. The crew, al tin
111 nf
come
dullai
in In hi
he si'iisoii.
aid nir, and. a~ a rule, reieive oiiediall' nl the catch, which aliiiiunls In ."ilJIl.nOO
atla
This is pill immi.
ilialel
V iiitn cireulalion, leaviic' the halaiice in the owner's hands to halaiii
the t
rip what
lever net )iriilil thole niav he in the hiisiin
We will say lliat it is iliviilwi
between the lOll nwners. Xnw these lllO nwiiers suppnrt lUll families, a.s a rule, and spend iiiiich lim
than tlinuuh it was mai
'll hy four or live men in a stuck Cnnipaiiy. Tl
I'Xplllil
wherein it is to the hest ailvaiita;,'i' for the I'acitic eoa.st to have this IniHiiiess open to any i
It
plain
wished In invest in the same.
dislrihiili'il on the I'acitie
shipping,' points, it wmild proniole all trade
to 111
cell if this extra ainoiinl of luisines
iild
last I let Ween San Krancisd
cattle, anil
'ortlaiid, Tori Tnwnse
itli )ii'rhaps tin- exccplinii of the haek-driviT
Biiil undertaker. The (iovernmeiit at the same time would deriw a lari;e revenue mi the .sale of tin'
50,0(111 skins, enough to pay a dividend on the inirchase of Alaska lar;,'er than it ever has done, aiKi
111
a marj;iii lo pmlect Ihe sei
We Uliderstaud the nliiectinii made ti
tlieii lireediiii; ^.'rounds, which is ciuicedeil hy all should In
Cillers is made hv those wlin dn nnl uiiilersUilnl
how the hunting; nf seal is done. The reason I'nr llie nhjeelion is, that the ]irivati' sealer will dcstiiiy
all the seals and Ivieak up liie .seal innkerics. We ask ; Has there ever lieeii a seal rnnkery hrnken ill'
ikcrii"^
I .I'lii.'.
and deslrnyed hv hiinlers willi lire-arms when used at sea frnin 10 tn 20 miles awav frnm the n
and
'.V
ill innst in.staiic(!s .jo miles awav I'l'iiu the ronkerii
W
e aiiswei
\i
11 never
has III
and never can lie ilniie. In all cases where rookeries have lieeii hroken lip il has lieeii done hy hiiuti'ls
directly on the heiicli where the seal laud, and hy luinlin^' and killuiL,' them iiidiscrimiiialely,
tli.i
they
Id nut land and In
till
and care I'nr thi
The killill'' nf .seal from 10 t-i
miles awav frnm tl
liunler.
le ronkeries ih
i|uite aiinther thin;,'. 'I'he seal there is nnl at the mercy of
as It lias plenty ol
■a room, and is ahle to lake care of itself, and is nn
even
hv till
'lusy game to capturi'.
St skilful liunler. This will he iiiiileislnnd when it is consiilered that L',.J0ll seals is iiii
exi'c|iliniially ).;oii
mnllths netlili
catcli
for
I'l carr\
this
This shows that tl
yini,' tweuty-iine men, who are ;,'i'iierally out seven or elglil
■al,
when awav frnm laad and al .sea, is a
hard ;
to capture, and that they can never he extermiiiated hy huiilinu al sea iia now done, any
tl
lan the i
Arctic.
lucks
yeese can he all kil
lie on their way to and from hreediny gioiinds in ibt
287
llnl. .
V.dod III
.■nil
Oft
600 Oil
7.-(i
lift
lOo
III!
■iiin
(Ill
4:.ii
on
I.'JIKI Oil
l:l,."iiMi nil
We iifti'ii soc I!i'|iiiil-. iilidul tlic sral-liuiilcTN, with nnnirks iif tlii' way llicv cniitiin- si-aU, ( laimiiin
lli.it iiKiliv wi'i'i' sIimI mill \v<iiui(1i'il, iirnl nun licil iji tlic n: 'st i'liiliMiiii},' iiiniiiii'i' llint (lie piMir himiIs
LililiTi'il liv till- liiiiitcis with .slmt-"
il I'ill
(', SI) liH to laiTV till' iiii|iir-.siiiti that it was tin
ut'''\ I nil
I.I
iiiirl ill llif lAlinini' anil nnrii'ci'SNary.
We Mill iiiiw turn till' tall)
Ml tlic ]iart 111' privatf si'hIi IS, 1111(1 a liusiiiii.ss tliat slmiilil nut l>c allnwi'il, il lit'iiig
il ask
was tlii-ri' I'Vci- il iiiHic
KIIIiiil: iliiiiili aiiiiiials llian is imw iiiiirliscil in killing' seals cm tin'
riii'l n
jslai
Imilal iiictlinil iiivi'iitcd fu
iif St, (
Ji'oi','!' anil St. I'mil.
IIW lllcsi' lii;;lilv illli'lli^'cllt
nls all' jii-inliinlly I'lPiri'il ami iliivnii away rimii the sea, thi-ir
I'lni'iit. iliiM'ri iiilaml a> I'ai' as ili'inii'il laarlirnl. Tin' slaii''lili'i' tlien luniiiii'iiri's. j
lill I'i:
h| ijji'Ii with (lulls 1
;lil III till' liisl liluw it is l(
ilildp'ons kliiiikili'^ (lilt llicir luailis ri;;lil al
iiiaj,'iiit! II
I'll, and if the seal is mil
id slaii"lili'ii'il, ils lii'ii
lii'ini; kiKjckcd dtit liv ii cliili.
Willi can iina'.'ini' a ninrc cnicl nictlnul than this fur killimj diinih aniiinds ! ( 'crlaiiily the luiviilc
ctlnid is the imist hiinii
t.r the IW(
mid lire lust. I'ml'Mi'jicdly iheic aic son
tliirlv HI- liifty, mil iinuc than this. It is
tli.il is SI 1 iii'i'd. This is al.so an crKir. S
.\;^ain, il is <
si in this way, Imt tl
•dthal many .seals arc shut that
I'l-ecntauc is liylit. |ii'olialily
iiiiiicd that ten arc shut and wdiimled that die to (uic
Is arc shut at that arc
ill liit al all. hut when
II sea
landed. SI. tliat in the end it will die, il is must iilwavs secured l.v the hunter whu iiiav have Id
slii...l III il si'veial times in (iider to yet it, a.s the seal in the water c.\ii(.si',s
mly ils
Nca.l, a:
Injlilciicd i'x|.(ises (inly a small piirlidM ol' that, sii that, ln^'etlicr with tin.' cdnstalil
liviii'4
ml when
ill' the si'ill,
iiK.ti.in i.r the lii.at, iVc, makes it very hard In hit. This is where it is claimed that ten arc .shut
iiiid Hi.iiiidcd tl. line that ii secured, hilt it is nearer the Iriitli tliat (inc is hist id ten that are .secureil,
l"i llii' lea.sdii that when a seal is Wdundcd il caiiiidt remain under waler aiiv leiiiith id time, ami
llii n lure the hunter can
iiv lii
iiw it ii|i and secure il
riinj's ,Si
We will iidw liidk at the Clmit nf tin
.■l.iiiiis this. \un will miticc a huif; chiiiii nl i.^laiids
l.inn "fa circle Id llic westward, dividili" the I'acilic Ocean frdin the Hi
ca and .see .in what cidunds imr < Idvcrnincnt
id the Aleutian
viciidi
till
iiii's Sen. These islands are
'ill'tcdlv df Vdlcaiiic liirmatidn, and while ihcv evlciid siiiiie I.'JIKI miles In the westward, thev do
ii.'l 111.'!
Ir.iiii ill.
Itehl
Sea.
Tin
if All. in to ('.
1.'^
iind df Alt.m is ..in exticine western )«
T
ic dislanci!
is i;
'U-l ( r Siheriaii side
il.
70 iuih'
Ni
id t(i the iiunrest |>uiiit (if the Kanicliatkil
iw if diir (diveiiin I can claim and cdiitrol a sea with
miles across, we want to know In
lliiil il is an in. -I.
iscd sea.
Afdiv
he is .'(linj; In do it. and (Hi what ^.Tininds. I 'cilainly not
el All.
I'iallv, when voii ai.'iiin look al the Chart, vmi see that the Is
11 IS at the extreme en.
.1' the chaii
1 of islands, and as von fu
this chain nl' ishinds hack t(
ihi' I'ustwaid IIS far as riiimak I'liss, that l.etwcen these
till' laiyi'si dimensions to |ii
islaii
in and kiiI of the I'lchi
(Is are wide |.a.ssae
iiwine
vessels (
.•<ea al wil!
' Sihi'tian coast, in ft direct westward line. l!y careliilly jicrusi
IIL' till.-
if
l.L'iill miles
I hart it must convince the
dista
df
".('l.tnal llial .nir (iovernnienl has im claim lo the ricliriiif,''s .Sea as an iiiclosed s.'a.
We now come to tlic (lucstion df the Jurisdiction id the l!ehrinn's Sea a.s taken hy our lli.vern-
iii.iil. .'iiiiscd hy the .seal (|nc.slidn. Kur this ri'ii.son the Chart of the N.irth Pacitic IL-can and tho
r>(liiiiit;'s Sea is sent to von .lo tliat it
111 lllls llllltler.
\
on will notice on the Chart of the 1
i.w just how hr.iiid the claim onr liovernmeiit lia.s
take
iiiaiy hdundarydini', railed this f..r lack df in. l.elli
JelinnL; s i
Ihi
called the United States'
This
has 111
eh 111
hint dut or
Ihv
iiiiii'.'iiic.l 1(1 exist ill andpeii sea I .L'DO miles aiids^ in ils widest jiart. .somelhin;,' never
any ..ih.'r l'..wer in the history of the wdild. The ini|.ri'ssidii has c.mc .mt that the llchiin.Li's .Sea is an
water, and under the full coiitKil of the riiiled Slate
' lirsl ohlaili
dust how or wl
chiiui
line .seems to ki
It
s|.raii;; iiiln existence lik(! a niiisliid..ni, and aii|iar(iitly
"iili iilidiil the same slrcm^'lh and sian.liii''. Our < l..veriim.'nl couM, with the same consislciKV, al! of
sudden claim the eoliUdl ..I the Ciilfdl' Me
111 "iilv cdiitn
ci'lain distain
i.f II
It is
her shdle-
m-idcred hv all iiiariliine laws that a natinii
This has l.eeii the cslaldishe.l ciist.i
inarilinie law h.r an iinlelinite tiiii
aii.l
air (
i.ivernmei
It insists that mir Amcri(
an lis
iM' all riL;hl diilsn!.
Aiiieriiaii lis|i,.rn
if 111.
-mile limit lidiii land in the conlrovcisy
hctv
the I 'anadian and
icn, and w (add nol consider the ln-mile
I'lil "lii'li they com 1 ihe ra.'ilic in the liclii
lieaii
land |i(iinl us iLskcd hy the Cana.li.
liic caslcni side
W.
I null
111! ihis
all
Sea ihey pi directly hack oil what they .laini on
and if Villi all' loiind in it voiir vc'ssels arc suhjcct to
I'lUe and vour-i'lf lined, niakinj; no allowance whatever hir what iiortion ynu may he in. whe
■ li") miles from land. Our tiiivermneiil lliei
ether
lireollv hack on what it chiinis from the
ninll.iii aiithorilics on the oil
I far It has lieen
ler siilc, we as
1 t^dUiK (
k, can this claim hi' held when it Udines lo a linal
liv hircc. liiit nii"ht is notalwavs riudil, and can anv one claim hut what our
'■"Veiiinnnt will have yel lo p.iy hir the (l,inia(,'es to the Can
Illi-V 111.
ive suslaiiicd hv the si'iziirc of their vi
mill iiiii.iii'' lln
I her own eiti/.eii.s for the lo.s.ses
and I'orfciluie of same hv our (divcrnnienl iii ils
adians am
■alers in lln
I'.y what other ri'.dils has'thi' I
iir 1.SS7 in the lii'liiii
iiii'l -M 1.1 tin
niled .^lales to the
'hrin''S Sea !
Il is
thai Ilu.-sia ceded
Till
'niled Stales the full
aUsdhiti
riclit and
mtn
df all the waters i.f the I'l.'hriiio'.s
(|iicslidn is, did IJiissia do this? Hi. I she sell this open s.'a. Ihe piil.li.' Iiidhw;iy iil' lln
'I'llirs. for an iinlelinite Icin^-Thof time in tl
"f Kn-l,,
via the \ iikiiii liivei to her
le pn.^
I, lo the wlialiiiL.".;idiiiids in the Arctic — the hiehwiiy
si. ins in the hir inirlli. She did mil d.. it. Sh.
tyM< .i| the shore-line ..iily, of which iiii.|..iihli'.lly she had a ri^dil to do. Itu.ssia, dcspiils ami tyr
1(1 tier
lilts
llllMlll.! .1.
lavc priivi'd ihciusehcs to he in all llieir dealing's with nations and Jirivale individuals, ncvei
.\iii.
s mil Id ihis .lay I'laini .ir exercise inri.sdiction of the I'lchriiic's Sea, except the shore-lin.
nil
11,.' I
ri.aii, Kn.,'lish, III
..f all imtions are allowed to hunl. lish, and Inule without moleslaticii
"I Ihe waleis of Iiehrim.''s Sea, adjacent l.i h'lis^iaii ]idssessidHs, pidvi.liiC4 they respect the slnircdili.'.
'iis'^ian Consul at ^'(.kallanla has in th.' |iast. and undinihlcdly .Iocs al the lireaeiit. issue orders le
I'lrlii'S lilting, dill I'.ir hunliiie in tl
lieliiiin.,'^
warnine theiu mil to intrude on the shore-line,
lluii sii iiiiiny miles I'mm shore, thus piiictically adniitlint,' that she had no claim lo this ojien high
288
Roa. Is not this fiut alnnp sulliiii'iit cviili'inc timt she iicvci soM tn Ihi' I'liited StiitCM whiit id now
clftiliicit sill! siiM ' Shi' S(iM wliiil she nwiicd, iiii'l thai wius the shoii'liiii' ciiily.
It si'uiiis that this iiiia;,'iiiarv hiiiiiKlarvliiic' as set dnwii (Ui iIk^ Chart nrijjiiiiiti'd in imajjirmtinn
riiiii'h thi' same as many stmics, ami aflri- hi'lnj; luhl awhili' is aecepli'il as n fact am! Iii-lic^vc! Ii 1«
true, even hy the piTsun wlm hrst tuld the slmy. Hut when it lliiiicpiii;h iiivestiniitinii is niiiih', it u
ruiiiid that they will m>t huld wiitei', iinil are matters iil' lii linn nnlv.
Ilaviii',' now reviewed this i|iies|iiin, we ask our eiKlerii ('on^;ressmeii and Senators and l-jisti.ni
news|iii|pers to examine the nieril< of this ease, so that wlien tliis iii,|iortanl measure eonies ii|i tlicv
will know the lull value of the sauii\ and will act in the way ihal will he for Ihe hest inteivsl of tin.
luost ]ieo|ile of the I'liited States. When .Miiska was jainhased, it was iiiidoiilitodly desioneil In U
for the lienelit of liie masses, ami proliahly not to eieiile ii iiiouo|io|y fur the lienelil of a few men iinly,
Ihi'ieliy relardiiii; ihe urowlh ami developiiieiit of this very valilaMe 'rerritury. We also think lli.'
laws shiuild he so amended thai a |iersoii could aii|uin' iitille to projieily, and so iliaiijjed lliat a wliit..
man (-onld have the |uivile^'e (pf killiii^ a mink or an otter for ils skin wiihoiit liist nmrryino a .sipiaw;
MS the law now reads, no wliiti' man is allowed lo kill any rur-heariu;,' animal unless he marrii's :i
.sipiaw. This is not eouiniouly understood, lail is a fael, and is a ipieer state of ad'aiis, and one tliat
would not he ndished liy jiarents haviii',' sous that wouM like to ;,'0 to Alaska, more espeeially if tln'V
should have seen the I'eports of Miss Kate Kiidd on the woniiui of Alaska.
It should not he lorootteii lliiit this is Ihe tiist inslanee in Ihe history of the (lovernmunt of tlu'
I'uiteil Slates in which it has ever piirsucil a |)iilicy lemliii;.; to create a monopoly. All ils hvi
ndatiim to other portions nf the pulilii' dpuiiain have lieeu framed with a view to invite i ompetitiipii iiml
]preveiit inonpipiply. Such is tic spirit which has actuated ami ooveniisl ihe ]ue.eniptippn, honii'slcinl,
iiiiiip'ral. aiipj olhi'r laws rclalini; to llic piihlii' property. The theory has licp^n that such jiulilic prpijip
has lieeii vestcpl in Ihe ( loveriinii'iil, in trust, as it wcri', fpir all its cilizens. The pipiposed lef,'i'*!
with respei't lo the Alaska seal (isheries will h,; tln' lirst exception to this nnivcu'sal pidicy. Ii
there is no s)ieiii'.s of the pnhlic properly which has heeii nipire iiecniiarly re;.;ardeil as the cm,
hi'rit,i.i,'e of all than the llsheries. Thus our (ioverutiient has liei'n hir years jiasl eNpeiidiiio the iipi.>;
elalioralu ellort- in tiiufi and money, to hrin^' ahpiut such an ad.justmenl of Ihe fisheries ipiestiipii
on the Xpprth Atlui'i;, coft.st ii.s will op(.-ii them to all American eitizi-ns. It is at leiust sin;,'uliir that,
the moment we cross the eoniii;iht, this nstahlished puhlie policy should entirely elian^'e, ami tln'
waters of the I'acilii' lie enct'd iipio a monopoly for the heiielit of a siiiLile Corporation,
In conclusion, we cannot helji lait review ilio fact that it woulil he viislly to the hest interest of
the I'ucilic coast, and to the wIkpIu of the pcipie of tin,' United States, that tlu' (iovcmmenl should tjikc
char^'e of the si'al i.slands, restrict tlii' killinj; to 5ii,0(i(i seals )ier year, ahaudon the present had piplicy
of the jurisdiction of the whole of Itehrin.ij's Sea, and o|)en the Territory hi it« full deVelo|iment.
Our Kastcrn friends mi;,'ht iid; j how it wo'dd lienelit them. In Ihe lirst |ilace, it would (ppcii a
lirotitahle Held for the employiup'iit of your idle capital.
In the second place, half of the aitielos necessary to develop this Terrritory would he drawn fnim
your manufacturers, such as hnnlware, canvas for .sails, ship chandlery, f,'uns, elpithinj;of all d«.srripti(in,
snch as waterproof and oil clothing', and, in fact, all hniiiches of tiiele would derive some lieiipljt
from it.
In till' third ]dace, it woulil open a field for the protitahle employinent of liumlredH of your vomi;;
men who are alway.s on the wat<?h for new lields to enter, so as to aei|uire wealth and a eoinjietency.
We lusk your careful attention of the facts set hefore you, iin<l tiusl our elVorts may nut \n
in vain.
l'o]iies of this can he ohliiiv si hy aildri'ssiuH I'., I). Lidd, o^'.l anil ."illl, Keavny Street, San Fran-
cisco, California.
SuhiKiii iiiul SfdI.
Till -nriniom of the Law to If H/rirlli/ infnrml.
IN refeiTini,' to the order, reported, of the loth March,* in reyanl to the siilmou tisheriis, tins
mention of dams would he siipf led to njiply to the jiresent method of takinj; milmon, culled lisli-tni|i<.
This order, if canied into ell'i'ct \ill uudoulitedly work great hardships lo the salmon canneries now
enoiiged in this liusiia'ss in .Alaska.
Section .'i reads that the ]iiilp|ication of notice of seizure and eouli.scaliou of ves.sels sliiill k'
Jiulilishcd (Uie month in the ])a]icis at each rniled Stales' imrt of entry on the I'acitic coast. Willi
rej^ard to this |iulilicatioii. it is earnestly hoped that it shall he |ilaiu. and eh'arlv deline just wlial tli'
Governiiieiit claims as its domain, wdiether it claims the slippre-line or the whole Kehrino's Sea. In
18S7 similar notices were piilili.shed in San Kranciscpi, hut did not ddiiie what the (iiiveniiiii'n;
claimed. In this year the (iovernmeiit vessel " Jiicliurd Hush," commanded hy Captain Shejiarpl, seiznl
ten or twelve American and Kiielish schooners eiii,'ai;i'il in fur-seal huutin;,' in llie llchrin.ij's Sea, takin;
them wherever foiiud, ahont Ifp miles from laud Ipi'Iiil; the nearest that any was toiiiid and seizeil. Oiii"
Kn<,disli vessel was \M miles from IiuipI when seized, and others from l!ll to 7(1 miles from land, ami in
• IVimhim/tim, March \'i. — In fompuiiy with f). Brown Goodc, of th« l'iiit*'<i Htntt's' Fistheries Commiftppion, Sfoator .StorVbripli*.
Ctmirmnn of tiie floimnittpv pm FiHlipiHi'pp. tn-dny culled uihhi .Si'm-tary Wimlonl with rp.'firp-ncpr to the Act rcPTiitly pftBBP'il for the
proN'Ction of the ppiilinon (ipibcrics in Alanlca. The Act inHkcn it unlawful to cn^ct or maintain any olistruction in the n\ c" <pf AU.*lii
witli thi' purposp' or result of inipfplioK or iprfTciilinn the a»cciit of aptluioii t^i their upawninK untuiuU, anil artixpi a minimum [k'IiiIij
of 'J5I) plolUri n play for violation thcri'of. I..ist year, it U p'liid, certain partiea. by the aiil of plami, captured mitli«ma of fish, ptiiil lbf»
lire reported to he npHkiin ready for anotliiT i-anipaif^n tliipi year. The npatler has been referred to the !.«« Officer! of the Tn'asun
Itepartnpent, who will at once prepare Ibp- n"ii'«*ary ordern for carrying into effect thi' provisions of the Act. The last iection of tin
Act. .Senator Stockhrid^e saya. will he carried out hy the President in due time. Its adoption waa a matter of aerioiu concern ta
Congrc'H, and >ta jihraaeoloi;; waf changed by iUd Heqatu on FirtifQ Kel«tii)iUj •nil it wo nwctfd into l*w •• foUawt.
H wliiit \s now
in imn|{ination
hc'Ui'Vt"! Ii l«
II in Illlllll', it H
us '.lllll KllltlTll
iiiiiii'n up thcv
illtni'st nf till'
il(«ij;iii'il 111 1»
I fl'W 111!.'!! illllv,
nl-iii tliiiik tilt'
I'll lluil II wiiii.-
•niiin 11 m|uaw;
ss lie iiiiiirii'i ;i
■s, mill mil' lliiit
|in'iiilly if till')'
ri'mmuiit nf tlic
All its luwj
(■rimpctiU'iiiaiiil
tinii, iKUiii'slra'l.
jmlilic lii"I"
losi'il li'j,'!"!
pulicy, ii
us till! fill.
iMiiliii!i till' 111"-'-
slii'vii'n iiiii'sUiiii
St siiiKiiliir tluit,
I'liiuij^e, mill till'
I.
i- Iwst intert'st of
iii'iit sliimM take
ri'soiit bail policy
olopiiii'iil.
, it wiiiilil "iifiia
1 1 1.(1 ilrowii from
il' all ilescriptidn,
ivc Ml mil' ln'iiplit
Is i)f your yomij!
11 roiiipL'tt'iicy.
iiitu may nut l*
<UvA, San Knin-
imi fislii'vii's, tiiii
ritlli'il tisli-tr.i|A
ill iiuiniTii's now
voHSt'ls sliuU I*
•ilic riiast. Willi
illl' just Wllllt til'
I'liriiif^'s Si'M. Ill
tlio (liivi'niMU'iii
ill Slii'panl, seizeil
iriiiil's Sea. lakinj
luiil sfizt'il. GUI'
I'riini laiiil, anil in
n, Si'intor Storkhridjt.
•,.iriillv pasiu'il for Ikf
, ill tlie'riviTiiif AUilii
itri s miiiinium iK'niltf
jilliiinn of li"h. i'i"l "i''!
Offiteri of till' TrrJson
The liwt iti-lion of iIk
r of aeriooi conwrtitt
ToUowi,
18!)
1111 I'liiii' w II* niiy V('<si'l »itliiii llm •"i-tnilo limit, wliicli U siimiiisiil to lie wliiil a imliMii Imlil'i ami
■lilldU 111' till' lii::li .I'll". Ciiptaili Sli('p;itil ill ii:ii' iiHl.iiin' \,|iiii |i'!iiiii|i|iMli'il willi 4aiil ; " Wr ilri
111 rati' ulii II' \iiii iivi'. wlii'lli'T I mil'' nr ■'l"i iiii|i'< llmii lati'l. wi- mii- ','iiiii',' ii. laki' vmi iiiiywliiTi' in
ii' lii'liriii',''i Sni." Till' lij'.;liliiiiiili'il prm Iiii'_' mi lln' | all nl niir • iMVi'iiiiiii'iit r,ni,-i'i| n .,'iriil ilii'il
[ rnliiiiiii lim ir iii'Vv-.papi'rs iiiiil piiMii' iiiiii, iiml tin' piiMii- -I'litiiiii'iil wIn'iiM'r ilm raw uiw
illv iiiiilii-l I, NMi'* lliiil llii-<i' si'i/.inis v.i'Vi' ill"'.'al ami riuiM iml l.i. sustiiini'il. In l,SH,-( tho
Kirliaiil I.'ii'li " Irl't Sun |-'r;t!ii-i-iiii tin' ;!ii| .Inly I'm- it., iiiii/,' in ilu' |l.'liiinj,''i< Sia, iiml il wiw
iiriiit'v npmlril lliat llie ( ■apliiin'-' iii~liiiillmn wiin llii' -^ami' ii.-< In IH,S7. r|iiin tin- vi'^wl's miival
II' run 111' liiisli'il lis tlii'y wcyr lasl year.
Wi' iiiiw cniiii' tn llial pall 111' llic IJi'\iH' il Sliiliili-s '■.I'llimi I'.t.Mi)' wIiiti' tin' killiii'.' of any nttiT,
link. Miiiliii, salili', iir I'lir-si'iil, m' hIIiit rui-lii'aiiii.; aiiinial williiii lIu' liiiiil.x uf Akuka 'IViiilmy, nr in
ii. ualiis IIiiTriil', il Trails : —
■, 111' liiiril nut li"<< III, 111 -Illl iliillais iiiir
.1 .1 .1 .1 II .* !■. . ,. . 1 tl
■ Aiiv pci-iiii ;;iiilty tlim I' >liall, fur raili iifl'rii' •, lir liiiril iml li"<< III, 111 '.'nil iliillais nur niorn
il'aii l.lKlil ijiillais. iir iiii|iii.'<mu'il iml iiimi ihan .li.s ..imilli'', m- l«illi, iiinl all mitlilH rmili.triitril."
W'l' a>k, was IIiiti' i vm- in llir \iliiili' liislmy nl' llir wmlil. u |ji\v jmssiil that >liii\vi'il iinilc lUv
iiijit^liri' lli.il lliis ildi's ' Can Villi Iiml its paialli-l ' Wi' ilmilil il wlimi ymi luuk nl lIu' arlual .ifl'rnce
as I'liiiipiiiiil will; Ilic vail f Illl' jiriipmly taken. Fur iiisiaiur. a miner mi tlie Viiknii kills a mink,
lis iiiinkri Milne lieini; less ilian 1 'I'llliir, lie is siiliject In a line ul' pussilily 1.1)1)11 iliillars ami inipri.smi-
iiii'Ml fur siv miiiillis, willi llie nil .itimi uf Ills limits, lilankels, piuvisinns, &i'. 'I'lie same [jiw would
1 lieaver ur 11 liear ami nsi' it fur fouil : Imlliare fiir-liearingniiiinnlH,
llli'Ml tur s|V miillllls, willl llle nil
apply 111 a pluspeetur sliunlil lie I.
No. liOG.
('(iiuiiiiil (h'/irr l,j luiiriijii O/flv. — {Rrcrirrd Amjiisl 10.)
Sir. Doirniiii/ Sir <l, Auiju.'tl i), ]H9'.).
Wirii rolVrc'iici; lo the letter from tiiis Di pavtmciit of yestenhiy 1 am Jin/cteil liy the
Siinluiy 1)1 Sinte Tor the Colonics to tian.sinit lo you, I'or coiniiiuiiiriitioii to the .M.uciuis
• Siiliiiii .1. 'nun N'rli.ill r.l.'il'. iif llir liniseil Stiilill.'ii ol' 111,' liliili-il ,S|;ilr« i.< lunliy ilr.l iri'il lo illiliid.' lin.l n|i|'l) t i nil llii'
li'iiiiiiiiiii^ iif lilt- t'liitfil .s'mli's ill Illl. wiiiiT* uf Hi'liriiii;'!' J"''!!, nml i' 'Imll I"' I'l*" ''iny of tlir Prc^iilent. iit n l.im'ly ^ciLson in ittdi
'|..iT, tl) i-Mir Ills rriuiliiniutiiin ami I'.iui't' iIh' «iinu' to Im' jitilili^lu il Iit onr month in at ||..I^I one ni'iv*|i:ij.er. if any mu'li there lie
imljh.ljul. Ill mill I'liil.il Slali-n' porl . f rlilry on llie Piieilir i-oii-t, w.iniiiii; till piTsi.iis i!i;.iin..t rnli'tinil said ntili-ri. ior Ihe |uir|io.se
"t MoliiliiiL' 111,. |irii\i>toii of faiil fi'ttiiin, iinti h.- ^llll|| iilso I'.iusi' iiiii' or mure vesi^cls of tin' L'liiti-il Stiiti i lo ililifently i-riiize in BaiU
^iUTf mill arrt'.t nil )H'rsoli!*, and sii/i' all liers-ms liiiiiul lo he, or tii have hern engaged in nny yiuliitiun of the liws uf the United
lilies tiiPTi'tn.
t Siliim Itl.'ili of the Rivi.*ril S"tntii(i's \g i,^ lullim-s : • No iii-r^.m sh.ill 'nill any iitliT. iiiiiik, inirten. fahip or lur-i. al. ur .'fher
'..r-lLani'i; uiiiinal within the litiiits (it Alii!.kit 'rerritory, or in Ihe walei« 'tiertiif, and every lirniiin jiiiilly lliereul hlinll, ur eaeh
'liiie. he hnvd not h-.^s tluiii *JIMI dullari* liur inuri. Iliaii l.llOO it.dhirn. or ii.i|iriBonini.nt nut nioru Ihan !.j\ niuiilh-. or hoth. iiiid nil
H'iiil'. Il.iir liiikh', »ii|mrel, finnilnru, :ind uiirco, (uund enniiBe'l i" viol.ilii.n of tliis scelion. (hall he rorleilrd. Iiut llie .i^.'eriUry nf
the 'l't|..niuy »liall have power lo QuUiiirize the killiii:; of any (ue!i mink. in:irlfn, s^lile or other fur-heariiii; iiniiuiih. exeept fur-seiils,
aiijrr tiirh'riiiuliiliona 119 he may (iresiTi!);', iind it >hiill lie the duty of II"' .Sceretarj to prevent Ihe killinu of iiiiy fur-seal, and to
pn.iiili. for the eicrutian of ihc'proviEioiiK of this ledion until il i> otlieritise proTided hy lay, nor EJinll he grant any tpediU
pnulii;. .- iiiidur thia aectioa."
[1281
V
290
of Salisbury, a copy of a fuithoi' teloiiram from the Govcrnoi-GpiiLTul of Canada, ri'-pcctinj
the sci/urc of the 'Black Diamond " and "Triumph ":—
" It appears from a telegram, dated the Stii Aiiuust, from Ottawa, ttuit all adiiuioii;;!
information rcs])cetinj; 'Black IJianioiid ' and ' 'I'riiimpli ' i> ueiiij; siMit to-dav; steps
have l)ccn taken to secure sworn allidavits as to exact location of si izures and l'oardiiii,'(if
those vessels.''
I am, &c.
(Signed) Kor.i'jrr o. w. iii:i{m;i!T.
No. 207.
Colonial OJfii'i' to Foreiijn Oj/ice. — {Rcrriucd Aiirjust 15.)
Sir,
WITH ri'fci o to the Ic
J)iiiriiiiiij Strt'C't, Aiuiiisl 1 I, I >•-■,).
fi'oni lliis Department of the oi'd instant resjx'ctin;.'
the seizure by the United States' authorities of the " I'.laek Diatnond '' in the J^'hrinir's
Sen, I am directed by Lord Knutsford to transmit to yon, to be laid before the -Maniiiis
of Salisbury, and for such tietion upon it as his Lordship may think j)roper, a CMpy of
a further letter from the lliirb Coinmissioiier for Canada inelosini,' a copy of a I'l til'uii
to the President of (he United States from the owners of (he American schooner '■ Sim
Diego," which appears to sup[)ortthe Canadian view respecting; such seiziiri'^.
The Or(lers in Council of the Canadian (iovevnnieni rererred to Sir tliarlc-
Tupper wei-o forwarded to the I'^oreigu OIIie(> in the? letters from this Department of tlio
18tli August last year and the 9th instaut respectively. ■ ' '■
I am, &c.
(Sigued) ROBLIIT C. W. Hl'RBKKT.
Inclosure 1 in Xo. i2()7.
Sir C. Tupiicr to Lord Kniityford,
0, Vicloriu Ckainhcr.f, Wt'stinlnstcr, Lmvimi,
My l^rd, Amjmt '.}, IJ^^i'.).
"Wri'II referenee to my letter of the 'ind instant on the subjict of the h 'i/iivi' uf
British vessels in the Behriug's Seti by the United States, I now have tin.' hoiioiirt'i
transmit, for your Ivordshiji's information, a eofjy of a I'etitioii to the I'resideiii nltL'
United States from the owners of the American sehooiu'r ''San Diego," which si'cm*
to support the Canadian view of the matter.
"\A'ilh re^■al■d to the Aivieriean proposal for (he esiablishiucnt of a close time lor
the Behriug's Sea in relation to the seal-lishing, T should lik(; to refer your LnriNhiiilo
the Order i'.i Council of th(> Canadian (iovernment, dated (he Kb .Inly, I '>'-^. which
deals ver. fully with this jiart of the question.
I think bo(h Lord Salisbury and your Lordship, after a careful perusal of this
document, will cotue to the <'onelusion that th(! adoption (if the proposal that is
discussed would practically mean (he exclusion of our rishermen from the Jjchrin;''
Sea, while, at the same time, i( wotild opei';it(! entirely (o (he benclil of theAlnsk?.
Commercial Company, with whose privileges it would not iiiterlVi'e. !( also demon-
strates, in my oi)inion, thtit then; is Jio scarcity of seals; that any indiseriiaiiiiitc
slaughter that (tvkes place occurs on the islands on which the American Coiaiwm'
piu'sues i(s operations, and thai (he seal-lisliing itidustry loiulit b(> extended cmi-
siderably wilhout any ajipreciable elVeet upon the supply. Snjiposing, bowe\er, tlmtn
necessity was found for sonu' nu'asures for protecting the seals, a proposition lil'lli''
kind should be made upon a ])rop(;r basis, \vhi(di would ojh rale ccpially again-l all.
and not be a partial merisiire such as that suggested by th(> American ( Icneriunent, Ih'
adoj)tion of Avhi(di would be lantnmoinit to tiic exclusion of British \esseK t'lDiu
partici|)alion in (he industry.
1 liave no d(jiibt that your Lordship has seen by this time the furl her ( )iji.'ri:i
Council of the Canadian (iovernmeni apprised l)y his Kxccdiency the Governor-
General o!i the 'iSJtIi .lune, 1SS9. This also contains inrormation, mu(di of it friini
AnuTicau sources, ])roving beyond doubt (he jus(iceof the lirilish claim to e(|ii:.l
riglits w ilh the United S(a(es in the o|)cn waters of Behriug's Sea. The right nl 111'
American Goveruuicut to make lle^ulutious with regard to the lishing ou the islauii.*
291
anil till' niniiilaiid, and la the walcrs vvitliiii tiic S-inilc liinit Troni tlio slion;, is not
(lisiuitcd. liiil Im'I'oi'c tlic piircliasc of the territory, tli(( L'nitod States dissented in the
stidiiuost ])ussil)le maiinrr to any (daiin of cvtdnsive jiirisdielioii by anotlier J'owerin
the ojKMi waters of the sea in (picstion, and it is only coniparalively veeeiitly that timy
limr advanced tlieir claim to rcirard the open sea as I'nited Slates' [irnperty. Her
Mr.jcsty's (Jovernnieiit hav(,' always resisled such a contention, and I cannot doubt
tlril ilicy will now take sneh steps as will insure the prompt settiemcnl of theqncstion
by the withdrawal of the (nitcd Stales' (iovernmeni from the jiosition they liave taken
up, and not only thus enable Ih'iti-h vessels to eiii^-an'c |)eaceiully. without Tr.olestation
in liic lishery iiulustry, in accordance with the rights eoitcciled by international law,
hut also demand reparation in favoiu" of those jx'rsons whose vessels, e(|uii)moiit, and
cariTii iiare been seized, and of those v.]u> have in other ways sull'ered injury in
(;onsi'<jUonco of the liarsh. arbitrary, anil unjust acts of the rniteil States' Uevenue
cnii/'ers.
I have, \c.
(Signed) ClIAHLhS TUPPEU.
Inclosure 2 in Xo. 'J()7.
3/c.v.vr.v. Hnndii aivl Co. to llie i'ri-siilnil of the I'nilcd Sliilf.'<
3"2. Cldii Sfrrct. Sun Friiiirisro.
VSDl'M the provisions of Article 2, Section 2, of the Federal Constitution, as
<'\|.H)uiidcd in six oi)ii)ions (Attonievs-Cenera!, p. 3!),3), imd in the case of ex parte
Giiri.ind (4 Wall, 3:3.'!), we herewith rcspcetinl'y ajijily to you to remit tlie forfeiture
i'.iijud-'d against o\u- vessel, tlie .\meri?an sdiooner '-San Dicico,'" her tackle, apparel,
iiimiliue, and cargo, in the District (,'oinf. of the United States tor the District of Alaska,
.'.s iipjicars by the papers on file in tlie oliice of the Secretary ol the 'rrcasury, which, by
refer; iHc, are made a part of tiiis Petition.
'I'hc oficnci' for wiiieh our vessel aiid c;iri,'o were judieialiv condcnmcd was tlie killing
of iui-soals in the waters of Ala-ka, contrary to the Statute in such cases made and
provided. Remission and jiardoa arc in,oK''(l upon the following grounds : —
1. That the ofieiice was not, in fact, coinmitled.
L'. That, owin;;^ to the distance and imiccc- ability of the ]daee of s(i/ure, trial, and
condimiiation, and tlie ignorance ol' tlie n, aster of said schooner, a fair opportunity did
not oti'er itself to us to make an adeipialc deieiiee against the condemnation.
;>. Tliat althinigh the trial and cundeiiination were had under a belief shared liy all
p.irti's to tile procccdiiiy: that an appeal would lie lor either party aL'aiust the decision of
tlie iJistiict Court of Alaska, am! although such a-, appeal was duly taken in mir behalf
frniii the .Iiulument ol Condi mnation, it now appears cxceedin!.;ly doubtful whether the
Alt of May 17, 1884, which organizes a judicial system for tiie territory of .-Viaska,
pennits rights of appeal in any case not strictly criminal.
■1. iiccause the Allornev-t!' neral, in 0|iinious rendered to the Secretary o( the
TrcMMiry under dates o( the lUtli .March and li/tli April, K^H7,has held tiiat the rcmissory
]iuwci- ciinlcri'cd upon tiic Secretary ot the Treasury bv sundry provisions of the Heviscd
Statutes docs not c.\tciul to our case.
From the foregoiiiL,' summary of the grouniis of this Petition, it will lie .iccn that we
/re ill (Linger ol being for ever di'inivcd of our propertv upon a (loubtfid state of liicts
widiiuit a lull though a legal hearing, under au a;)|iarciitly mistaken belief on the part of
lilt iii.il .Judge and Council that means to re\iew the decision of such Judne had been
proviilcd, and with no other cH'cclual remedy now left to \i3 than to resort to the constitu-
tional power of the President to grant pardons and remissions.
It has been said by Air. .Attorney-Chiural Cashing {') {)|iiii.. -1^>=). that the
power of remission is proper to he exercised in ca~es where doulitliil quc'-tions of 'aw are
involved, I, I- where parties are so situated that a due process of law cannot or has not
lieen liiid.
Our ease is at least within the spirit ni this opinion on liolli points, t'.vstlv, because \w
"M not had, and sceminuly cannot have, one fair dav in Coiiii, and -ee iidiy, because if
our vessel li.id hccn engaged in killing seals in the waters alleged (a fact \\hicli we deny),
|t «o!ili| l)u exlremelv doubtful if such killing would he an ollencc against anv law of the
tiii'.ed Stales.
I^jii-ii this point wc icier to the decision o! Mr. Seen liiiv liuutwell, of the Treasury
[l-'M] ■ 2 P 2
/.92
Department, icndcrcil in April 1872, wherein he held that the tiil\
)l" fur-seals
Bell ri nir's .'^'ea was not unlawful unless attempted within a marine leairiio from the s'.ioie.
We need not remind your Kxeellcncy that the same position is held io-tlay by the (iovcrn-
nieiit of the United States in the matter of the Canadian lisherics, and that the thnv
British \'es^els lately sii/ed and jiidieially eoudemneil for seal killini: in Helirint,''s Sea have
in ohc(!ieiur to the naiforni and unswiTvincc doctrine ot our (lovernmpp.t
been
upon tiie (piestion of what constitutes the hii,h seas. When we add that our vcnSi-
sei/.ed in the same waters at the suine tinu'. and eondennicd in the same ('(jurl
prceisely the same
grounds
th.
liiiti
sh sealers, reeenllv set li'ee, wi
i|)f)ii
th til
<tored to their owners, we believe liiat
ive stated full, >niiieient, and reasonable
Th
ere is no
ijrounds why the rei)udiated headland doctrine should not lie a'^ainst us.
pretence set up in the evidence snbnutted on the part ol' (he (lovermnent that our ves-cl
was sealinj; within the ;5-milu limit, or was actuallv eauijht catehini? seals within the wattMs
:)f I?
In the ease of the '" (Jecan Stjrav,
I'I'orled in 4 L
10.)
.mkIp:
Judjii' Deady iield that, to con>litnte a violation of Section l!l."i(i, Revised Statutr
which law our vessel was eondennicd, there must he an actual kil in;: estal.li-hed.
Permit me to observe that if the fcjrfeitme in our ea-e shall be permitted to jiand, tl;n
anomidoiis sncetaele is |)rescnted that alien persons and foreiu:n vessels ai'e pciinitled liv
r Govei'nmcnt to pursue an industrv and receive tlie n;ercy of pai'doii dcnird to citizeiK
d vessels of the Usiited States. N
o such diitieclion in matter of ri^lit and law between
av.n bv a Tcderal Administration.
aliens and American citizens has ever hi
'i'lie tacts of this case, as shown by the pi
Secretary of the 'I'reasurv has not bci'U permitted to examine bv reason of the ndvcrs:
opinion ol
the 'I'reasurv lJe]iartn\ent, which tlr.
The A
the .Attorncy-tieneral upon the (piestion of his jiowcr to remit, are as follow-
mcriean schooner
'•S;
ni
Dieirc
ol .")(» torjs burthen, owned bv
andv an(
] (•■
American eili/cns and mere
hauls
it >an Iraneisco "a« ck'artd at t
cssrs
L. N.
port for a central huntini; anrl lishing voyai^e in the Nf)rth I'aeilie Ocean, on or .-iboiit the
28tl
ls>i«.
She eomnicnecd seal killin
ill' t\\c I'Mrallonc l>land-i, ahoii'
liO miles from the (Jolden (Jate ; continuing' noi'th, she hmited and fished i<\\ tieit ocean iin
to ('mil
ska I'l
which she entered about the "J-lth .li
Tinnin',' wotward toward
Cojipir Island, in the Hussian waters of Hehrinn's Sea, then heading e.istward and smith
)f the Ale'itiau G
she made lier w
av into the i'aeilie Oeear
id sailed eastward '
Onnalii
a I'ass was
sighted. While opciatiiii; outside this Pas-;, a comina; slerm
duced the vessel to run throuLdi the Pass into liehrinu's Sea for safetv, where she «as
L'cd 'and without ob.-ervation for three davs.
W
len the i'o'j; lilted, -.he was found to
be olf Ol
iialasli
a island, ]'.-. lU' \o miles I'roni anv land. Ilei''' she was boarded fio'ii the
ii
eveiuR'-eiHtcr "Coiwin" [?! 17th Ji
188(
), and was siized because the bnardi
oliicer mistook ll.e purpose ot the n aster's answer, that he had killed a I'ei
U
elunmsSea; the master rclerrm;: to some thirtv se.als taken near
G
Kussiaii waters, and tlie 1:
loardiiu: ollieer s
ppi
Ishi
supposing- him to admit that he had liei
within the water houiidarv of the Unittd States. The ImardinL'' ollieer was also misled hv
the presence of skins of
tw'eiilv-two sealskins
had hi
reciiitlv killed seals on board, the explanalinu lieinu tJKU sarr
taken lU the Pacillc Ocean, oil Ounal
i'
111 lore ninnn':
in for slu'lter. and had net been malted, because i'ou'j;h weather and lou' had prevented llir
caivfiil |)roee.-s cf eleauin::, saltinir, and I'oldim; lioiu beim,' carried upon ihe deck ol ni
i!s-el
IS the
lU Die^'i
t ap[)ears that the (Avneis of tiie '"San |}iei:o " bad e.vpressly i.'i^tr'ieted the nKi'-ter
not to uu< rl; re w i
th H
le pin lie
ires of the Alaska Coai
('
iiaiiv. nor violate the
uw in air. p:irlicular, and, altb(Ui;;h w
hold that, .under the riilinu; of .\'Jr. Seerei
Uoulwvil, the diploiii itic eonfcntioii ol' one (iuvernment, and the dot trine recoirnizt'l in
the recent release of the Ihitis,!! sealing vessels, our vessel niiuht lawl.illy have taken serJs
ill the \iiv I laee win re the ollieer found her ^vitll fresh sealskins on board, we are olili'.'d
to adhere to the contcntiiiii that she did not take any .seals in tliat place nor an\\\ln'ri'
thcreahiiuts, because the i videncc shows that not a skin was ohlained in the wliolc ol
Kehri
hv II
e.\..e|)C mar Copper Island, in the
'I'l
R
liss
lan jnri>diction.
W
leii (li>eiiv('riil
e iievemie-eutter the vessel was eiitiicly inactive, her sf aliii'.; boats la-lied (vi di(k.
waiting lor an opj'ortniiilv to get out upon tlie oee.m to continue her Ini-ines-.
Ii would appear from (he testimony of Liciiteiiaiit Cantwell. of the il veiMe-eiittiT.
(liui he asked the nuistcr (d' the schooner if he did not know that ic. wns illeeal to takr
seals around here, and lie answered that h.e did not know that il was against the law so
lOll'J
he k
'pt a iniuine leanue ffoiii the slioie.
li.s aaswe!
U'ests a pn!..sii>|e inti'ii-
tion (d' taking seals in that vicinity if o|iportunily olfered, but the liiet is that n
were taken, nor dms it a]ipcar that any cinld have bt'cii taken up to the time e| ihi'
.seizun; ol the vessel if the wish and purpose to take tlieiii hud twisted. It is very cviileiit
2'.i:i
Iroiii
(lie \\\\-
tl
it'coril
thai wo, tilt' |>ic<cnt petitioners iiiul sole piospnctivc loscis hy the
s(i/iirps ot till' vcss'-'i, never inteiideil nor eonteniijlated tlic laKin:; of ii sinL;lr scalski
thiit vo.vityc ill an imlawliil or clindcstin" manner. Ilavini,' openly elcarcd our vessel i'or
a Iniminu' vovaye in the N'oith I'acilie, we Knew tliaf, ill due eoiirsc ot' adniinistration, that
liicl woiiM re. II
Hull
1 h the Al'isk 1 C'ninpanv. and the Revenue vessels einplryed !'(ir their prntee-
ir part to assent hernrehand to any dubious or risky
I'lK'e It would li(! i'ollv oil
Ir.uisiietion hv our anonl, the in;isier.
V<
K
xcellentv wil
it I'ail tn eoiisid.T the Uiiit-'d States' Atlnrn. "-.(Jfrieral I'.ir
AiiisKa -iLiiiin^t our
liiation I'or the restoration of our vessel a;
>!' his opposition and our an-wers are as follows ;
1, I
le Inidnj
dtl
jcliiini: :
lard, toi;etlier with the
a(lnii->i()ii o
f till
rtjiiiiped lor tisiiiif.', '
naster that a I'ew had
ith I'r
tal<
en 111
lit lirinn's Sea. raises a ]iresuinptiiin au'ain^t our present evidence that no seals were taken
111
Hell
rnin s Sea except near ( ojiper Isia
To tl
lis wc answer, the vessel was openly
rittcd and dispatched for seal-lishiiiL,' ; that the tush skins on lioaid eould not reasonably
have 1
iceii
cleaned, saltci
11(1 ikhKl'iI helore seizure,
d that the iiKi'-ter
(1 ref'e
liis se.diiii; operations near Copper Island when he saiil be had taken a tew .seal
reiiec to
m
The Distiiel Altoinev
that the answer of the nia-tei', that he thought seal-
lishiii',' lawful outside ot' a ^l-inile limit, raises a presiiiiiption that he hail hem lishing
outside, thoie'ii within the water bouiidarv i)i the United States: to whieh we replv that
this an
tliiMiiihf he
unient niiikes for rather than a;raiiist our present application, hecausi; if the master
bad I
le li^lit to seal outside the
ile limit.
Joiti^ so would be innocent,
ill lact even if illef^al a( law.
:;. Says the District Atforiiev, the
legation tiiat the vessel was driven tlirou2;li the
I'.iss i to Hehrinz's .^ea is iin[)roliahle, and throws suspicion upon the merits of the case.
Ills nmiiipoi
rtant observati(
1
,ibtle
u'ises from cnnfoundini' the volunlarv passaa-c
III till' vessel throiiL:h the I'.iss to eseapi' a storm, with a supposititious driving of the vessel
thr(iiiL:li the Pass by the wind.
•1. Says United States' Attorney that, although the owners of the v ssel were
ripK'H'nted by Counsel, they did not produce at the judicial heaiiu'.;' the imnortant testi-
low oH'cred i:r purlc
i'lr
irgumtut is met by the circumstance that the ov
)f th
. ss(d bad no
e| 'poitiinity to select Counsel for thcmselvis, nor to inllueiice the production of evidence
and arunmcnts in their behalf in that distant locality, and hence it would he hard to bold
lliciii lesporisible tor a failure to prcdiice evidence at the trial, whieb tbev admit the
retained for them bv the captain ought to have pro(
lucei
mil I
or tile noii-
iruilu.-tion of which said Counsel hive been dropped from the ca-e. Tiie c iptain who
(Miipluyeil tli( Counsel at Sitka thought his oun testimony oiiirbt to have been taken, but
he I id rot feel ipialiticd to (piestloii the judunient of bis attoriiev>
The Distrlei .\tioriiev In
the nu'iils of the ease can be hitter determined or
the neiiihp
Appeal from the jnduineiit than by an exccnti.e proeecdinu:.
this arnimient is lel'utcd by ciicumstances that, so far as the Statute Hook shows,
I' is no Couri in which the Appeal, takiii at iari,'e to the Circuit bavin;.; appelalivc
diction, can he located (;r (letcriniiie<l.
Ii. That the power to remit is an estraoidiiiary one. and should he used restrictinj;ly.
I his arijuiiieiit of the District .\tt(M'ney has been loiii: since answcied bv the Su])remc
Coiiit, which has said thut the
.ijauist pcffoiis ov propel tv for
|iii«ers of remission are remeilial in their natun
hnvs nnposiii:; penalties ,u'c not to lie constri
sti ictly
licnelit ol the revemie, and that the laws conlerring
lid he liheiallv used for the
iH'iii'fil ot those who have inuocentlv incurred the sar.ctinn of tiie penal law. (10 Wlu'.tton,
^11, United States r. Morris, KKi.)'
Ill conclns
we leinind vour l'".xcellencv that no se;
were in f let t
ilace where the IJevenuc ollieer supposed the "Sail Dicfjo '
iKen III or near
tl
jioiiit of law, no \nilawlnl se;
,'11 sealiii;;; that, in
ImL; was (
lone bv our vessel ; that the l?riti-li vrs'jel
s sel/.cii
,11 II
le same time, m
til
lie locality, I'm' the same eaiise, and jiidieially condemi-.cd to
I'Ulcilui'i' in the same Court, hy the same .Fudije, and under the smne ciicmu^laiiees as our
"«a, have been iclcased upon the Ljround ot innncciicv ; that without aiiv actual fault of
I' own, we have, in fact, he cii depri\ed of ii fair trial in the Court beh
and, to all
IHuianees, :u'e lefi without further judicial remedy; that t
iretarv of llii' Tl
le reiuissoiy powers o
f tl
le
•asury, hy a p
iihle oversiijbt in the Statutes, do not
re;;eli our case
tliiit |ieiHonally we biive been free from all evil intent, limit, or lU'Lilis'ence tlirmif'bont ;
iii'ii tliat Hliile our iii;ent, the master, did not take the seals witliin (be American boundar
y
"I Ueluiiig's Sea, he inij^lit justly have done so in view of the rulini; of .Mr. S(cretary Unit-
2'Ji
well, tho (liploiiiatic action of our own Govfrnmciit from the first to tlie present iiioinont, and
the itcni'vai Ijt'hcl' of nuMchaiits, hr.vv<'i-i, ;nul all piM'sons iiiti'ivsted in llu; seal fishnries that
such fi>hinc! is lawful in any ])art of liehiinLt's Sea, except near the is! mds of St. Paul,
St. (leor^^e, or within '.'< miles of the shore.
Havini; iilcd with the Secretary of the 'i'leasiiry the papers upon which \\(.'. rely to
sustain t!ie jiositioii taken therein, and convinein;; evidence of onr ijood stanilintc as
citizens and mcreliaiits, we pray yonr K\ccllency to lake this Petition into prompt ami
f'avourablo consideration, and release us hcnceloith from the serious and eontinuin;; loa<
that we have undeservedly sutl'cred, and .are suHcrins?, hy the seizure and retention of our
vessel e.nd earuo. i;i whieli no third parties are inlerestecl as informers or captors.
lu>peetfully suhmitted,
(Sii^ncil) L. X. II.VNDY an'd Co.. (.'.(Hiiiiiissinn Mcrrlidvlx.
Xo. 208,
Forriijn O^firr to Cnloiilul Office.
Sir. Forclyii Offia; Au<j>ul 17. IbSi).
I AM dii'ccted hy tin- Murqiiis of Salisliury to recjuest that \ou will slate to Sccrelaiy
Lord Kiiut'^ford that, in liis Lordship's opinion, i! is very desirahle. pendini; the receipt (jf
lull details in regard to the recent seizure in l>ehriny;'s Sea hy the lj!'.ite<l States' llevemio.
cutter '■Hush" of the British vessels " Hlaek Oiainond " and " 'rriuinph." that Bteps
shnidd he taken to proceed at once with the appeals to the I^uprcme Court ol' the United
States iti the eases of the IJritish vessels whose sealin;^ operations were stopped uiukr
similar circiimsfanees in ISSfi.
1 am to re<iuesl. therefore, that you wid sui,'!?est, for Ijord Kiail-ford's eon^ideralion.
that a tele^'iMUi sliould lie sent to the (iovernor-General of Ciutadalo lhetH'e(;t that, it
beiii!,' very miusual lo pre~s for diplomatic redress for a private wron^:. so Ionic as there is
a leasonahle chance of ohtaiiiini; it from tli;' Trihunals ot the country under whose jinis-
diction the wnuiu' complained of has occurred, Her Majesty's (iovtrntnent consider tliiii
they would be in a stronj;er position for dealing' diplomatie.illy with the Btliriiig's .Sea cases
if appeals on the eases of sei/.uic which took place iu 188(1 were pushed on.
I am, &c.
(Signed) T. n. SANDi:USOX.
No. '2011.
Mr. lul inn (/!■.■•■ In llin }fiinjiiis t,f Siili\!}i(ni. — (I'/'C-irrtl Aii'iiist 19.)
My Lord, IVnslihii/Inn, Avijiisl ."), 188!).
OX the 1st instant [ had the honour to inl'orin your Lordship hy teleL'ra|)h that the
newspapers repotted the seizure on the 1 llh iiltimi) hy the United Stales' l!e\('iiue cruizcr
" l?ush '' of ihe JJrilish schooner '• lilaek DiamoiKl," scaling in Ueiuiuu's Sea, lieing at the
time of the seizure 70 iidle.^ Irom land.
It was also reported that another Ikitish schooner, tin; " 'rriumph," was ;dso lioaided
by the Captain of the "Rush," lint no arrest was made, the seid-skiiis on hoard tlic
"'Iriuniph " having hten capturinl in the Pacific, and not in the Heliring's Sea.
1 h.ive not up to the present date received any official intorinalion on the sithject.
There is, however, no doidit jihoiit the truth ot the iact that the scizvne ot it Htitish vessel
lias lieen made, ;md that iinother liritish vessel w:is stopped smd searched. Iioth oeeurri'iices
takini; place on tlie hii;h sctis, on the irrounds that they had no legal rights to seal-ti«li
ill those seas.
The (juestion oi'lhe exclusive jurisdiction <if the L^niled States over the l^'liring's Sea
is tiius reopined, hut it does not appear thai any new teatiire in the case has preseiitcl
itself. However, a novel situation is produced liy the fact which is reported, that, alter llif
seizure of tlu^ " lilaek Diamond," one of the crew of the United States' cruizcr liavin:;
been jilaced on hoard of her hy the Captain of the " Hush," with orders to take her to
SitUa, Ihe Cajitain of the Riitisli vessel ignored tlu; instructions of tin; man in whose
charge .she was supposed to he, iiud sailed I'ur ^'ietolia, iJritish Columhia, where slu' i>
?■ !. -rted to have arrived salcly. Had she troiie to Sitka, she \w)idd, in all proi):ihility.
1 live been deehned hy the United States' District Court of .\l,iska a lawful prize. S'
your Lordship will venieniher iu the caic of tht, British sealers which were seized (iurin,'
295
i!,t !:;st twn years, and alter seizure were condcMiincd by the United States' District Court
ot Alaska, the United States' CJoveru'.nent ay;re(d to release tlicni on tlieir owners i^iving
liond to anpeal to a hiuliir Court. Kew, if anv of tliein, availed tlienisclvi-S of this
peniiissioM, and tliey were ultimately sold hy |)ul)lic auction. I have been given reason to
elievi
lawver of some standing' in this citv, that throng
defect ill the
lcu;islation atfectini; tiie territory of .\laska, the only a|)pcal that could have heen made in
till- matter woidd liave licen to the Supreme Court of the United Stales.
I cannot anticipate that tlie United States' (ioviriun 'ut would try and justify before
that Court the seizures hy a pretension that the IJchiinir's Sea is not an open sea. However
imich their action and the action of Congress may appear to put Ibrward and maintain
such a pretension, it is the i;cncral opinion that the Supreme Court would liot hesitate to
iimuounce itself a'';iip.st it.
Oi
at the United States' (
Joveinnicnt would base their claim to exclusive
seal-
llshiui; rights in tiie l}ehrini;"s Sea it i- diftieult to foresee, but in conver.-atioii a ~hort time
ai;o with a politician of very bii;li standitiL' inidcr the late .\dmini->t ration, 1 learnt that the
following- arirnmcnt hiis been l)roiiL;ht foiward and used hv one or more of the most
iroMiinent lawvcrs in tiie Houses o
I
tllO.M'
il' C
on',M\>s
'lliev maintain that the "seal nation" in
las I
careliilly p
ts domicile, hrecdinj;-;,'rounds. &c., on United States' territory, where it is
id protected hy United States' law, and consctpiently they do not
nit tiiat the scid loses its nationaiity when its h.abits cause it to temjiorarily absent itselt
IVoin its home.
I''r()ui what I gathered from the ''entlemeii al)ov
e I'cterrci
to, 1 feel eoniident that;
was one of the chief ari;innents wliici
ht have been used bv the United States'
flovcrnmiiit had the matter been hrouifbt u|) to the .'^ui)reiue Court during' the time that
ilic late Adniinstration wa< in ])ovv{r.
1 have, .Vc.
(Signed)
H. G. KDWAllDI'iS.
No. -'10.
Colonldl Of/irr Id Forriijn Offiri'. — (lii'ccivi'd Aiii/iist "JO.)
Sii, DniDiliuj .'»'(nv/, Ji((/i(.s/ lit. I>89.
Wrril rct'crcnce to your letter of the ITtli instant, I am directed hy Lord Knutsford
to tiaiismit to yon, for the iiil'ormation of the -Marcpiis of Salisbury, a copy of a telei;rain
^\liich has been addressed to the (iove',nor-(ieueral of Canada in eoimection with the
r>cliriiiu-'s Sea seizures in I'S'i'i.
[ am, &c.
(Signed) .K)H\ r.KA.MSTON.
Inclosiire in No. i.'l(*.
I.iiid Kutilsforil to Lord i^ltmli'if of Prci'lon.
(Tcle;;raphic.) Coloiiinl Ojllrr, Anijiisl 1^, lS!sy.
rj' is vei'v miusual to jjivss for <liplomatic icdress Ibr a priv.ite wi'ong as long as
tliLTc i> a reasonable ehantX' of obtaining, it Irom the Tribunals of the country.
llcr Maje.-ly's (ioveianni'iit consider that they ^vonld he in .--irDngcr [losition lor
lii'alaii; (iiplomatically with ISihiinij's Sea eases if appeals on lss(j seizures were pushed on.
No. -ill.
Ciiliiiiiiil Office to Foichjii OJ/in: — (A'crr/ici/ .bojiisl 11.)
Sir. Dowiiltuj SIrrri, Ainjust L'O, 1 '-'Si).
WITH referenoe to previous correspondence 1 am directed by Lord Knutstord to
''■aii^mit to you, to he laid before the Marcjuis of Salisbury, a copy of a despatch troin the
<"ivL'rnor-(;eiieral of Canada, with its iuLlosures containing information resiieeting the
'pccrit seizure of the schooner '• Dlack Diamond" and the detention of the schooner
Ti
nuai])li ■' in Behring's Sea.
I am, tS:c.
(Signed) JOHN" BKAMSTON.
29G
Inclosurc 1 in No. 211.
Lord !^hiiili'ii of /'/'('.v/oH (0 f^nrd Kiiiilsfurd.
My Lord. Cilmld, Q,i,-hn\ Aiujiist S, 1S8!).
I.V tiiiii^iriltiiiLr to your Lovlsliip such iiil'Drni.itioii !is [ Ikivl- hr-cii ahlc to procure up
to tlio pr( si'iit time rt^pcctiiii; llu> roccnt seizure of' tiic sdiooni
Bill
tiic (kfciitiou of the scliooiipr " 'I
nuiniili.
Ml
Hell
Soil, 1 <1(
ni
it niv iliilv to
)rii)i;
to your notii'c the very stron-i (iclinir wliicli isiuisiiiu: tiiroii;;liouf the DouHiiiou conseipicnt
iijion the continued seizures of Caiuuhaii vc^si'ls upon the open rca. nnd tiicir coiiilernuatiuii
in the United Stales' Courts oC law.
A sense ot irritation
th
ihlic iniud not onlv iiirainst tl
ic
Oovcninient of the United States, hut amiiiist the lni))erial (Jovernuieiit, which ina\ nt
niiy moment ivsult in serious trouhle, luid tliete is reason to apprehend thnt, it" tlic
supposed inaction of tlic Home (ioveniinci;! continues, the sealers may he driven to
armed resistance in defence ol' what they helieve to ho their lawful calhii'.:, siiid it would he
fiiflicult. if not impnssihic, (or the Dominion (lovernment lo jirevent such a state of alfaii-;.
1 had liie honour reeentiv to inclose to vour i.,ordsliip a .Minute ol the I'rivv
's Sea
il eontainim;; a very full recital of the past history of the so-called Bchri
cjucstion. uiid 1 must express th'-' earnest hope that your
Lordsh
Ofiicc to ',ake such steps as may tend to an early settlement.
lip will move till . .ireifjii
Up to the "iresent time there has hecn every (lis|)osition on the paif of tin
I ana('ian people to rely on the maintenance by the iiiiiierial (;overnnieiit ol the iiiter-
national rij,dits which the Foreiii;n Othce is chaiiicd with the dulv of |)rotectiiii;, and il' tlic
(picstioii of the free I'.avigation of the North I'aeilio (or 15elirini;'s Sea) were fully maintained,
I do not think that any reasonahle measures which cmil
tlie (so-called) seal fishery would meet with a refusal In
(1 he proposed to: the proteetuin ul
I Imve, &c.
fS^
V'UCi
1)
STANLKV OF I'KKSTON.
,;■■>■
[nelosure L' in No. 21 1.
Lii'iiliniiiil-Coloiirl John 'I'illoii In Sir Joliii M(irdon(il<l.
(Tclefiraiiliic.i Vlrtor!(i, Jiili/ '-W, 188!i.
SIR ,IOIIX TllO.MI'SOX re(|uests that the followinu: telegiain, just received,
addressed to lloiiourahle .Mr. 'J'up[Hr Iriiin Victoria, signed 1",. Crow leaker, may lie
repeated to you :—
'• iJritisli schooner ' 'riiiiii:pli ' anivnl yesterday eveiiini; Irmii Hchriiiz's Sea. .M i-tcr
leports seizure ol Uritinh schooner ' IJIack Diaiiioii'r with catch of seaNl.iiis hy .AiiRrieaii
Ifevenue-cniizer ' I'liish,' "I* miles oil' land. I^.'ardiiig ottieer informed master that nil
vessels found with I'lesiiU 'it's I'roeianiaiion and recent instrii.-tions (.v/e) issued hy Secretary
of 'i'rca-ury i^'c). ' 'I'riumpli ' had no skins on hoard, and therefore escaped immediate
confiscation. Is it not )iossihle lo afford protection lo some twenty Canadian schooiiuis
.still thirc ]iro'-ecntin'; their legitimate business, and liable to immediate seizure it nut
Jiheady seized? Steaiiicr ' Surdonvx " leaves with coal for British w u'-shins no"v at I'lirt
Siiii|i~on on 'riinrsday ijcxt. I'lea>e reply imnicdialely what steps lu'deral (iovcriiiiient
will now take in the matt(;r. .Meitiiii; t.i-day of those interested, who strongly urge this
incssaire. Senator Macdonald ol' 'rormito heartily endorses action of owners here. In
ineantimc scaling business i:.leresl> e.impletelv pai'.ilyzed.'"
Inclo-ure 'j in No. 211.
F..ili(irl frnm I'lr '• Ollnini I'.irnhuj .Itiiininl ,'' of Jiihj 'il, l^S'.).
Tin: Sk.m.kk Skizi'ki;.
N(()i I'l-fiurisro. Cdlii, Jidii HO. — The .'-(caliicr ■' Dora." fiom luiirinu's Sea, liriiiL',^ the
first d( tailed news of the capture of the British sealer " Black Diamond," hy the United
States Kevenuc-cuttcr " Richard liusli," on the llth .Inly. The " Kush" overlook the
"Black Diamond" and ordered her to heave-to. The captain of the " Black Diaiiioiid'
refused. Thereupon the commander ol' the " Rush " (jrdered a lowering of (lorts and
207
niiiiiiiii; "lit of Kliiis, wliicii ciuisi'il the >lciiiiR'r t
l.iciitiiiimt Tult'c liDiiidid tlic I'liiylisl] cisill aiirl .■(•■l. i
' IJIatli DiiUiioiid " ollilcil IK) iiviiK'd
resistiiiiii
licav(-i(i. ('iii)t.iiii Sliopard and
■d tor licr |j»|i(r-. 'I'lu; otliccrs (it tlm
- - _ ., lull nl'iisL'd to deliver the (nipers
(':i|itaiii Sli('|)iii(l at oiu'c hioke oj di tlie caliiii, and loited llie liiiiL;cM off tl
ami tlic eiiptaiiTs cliest. tl ctcIiv si-i urili;: llii- |)a|c;~. \ >.cari li of tlie
lOjOt'i: s alskiiis, wliicli liad hei'i l..kc;i in liidiiiir^V Sim. ('a|itain Slir|iai(i |il,i(C(l a non-
cnaiiiiif^^ioiH'd ofiit'er lioiii the " Kii-ii '' in eliarye of llic •■ lilack Diamond,'' and
\w stroll!^ liox
VI >-(d disclosed
'd
k
use
cnaiiiiif^^ioiH'il oilR'er lioin the nu-li in eliarye ol llic •■ lilack Uianiond, and ordcrci
(JLc \cssil to i)e taken to Sitka to await I'uitlier in.^tinciion-. 'I lie captain of flic " Blacl
Diamond " stated tliat wlieii in Victoria he had l)eeii ordered to pay no attention in cas
lie w.;s overtaken hy the " Hush "* and lecjuested to heave-to. lie said he would not imv_
sinniuieied if the " Knsh"hadha(l an inferior force to his own. On the 1st July the
Rcliooner •' 'I'liiiinph " was al^o hoarded hy Captain Shepard, hut no arre.-t wa.-. made, the
skills Oil hoard having' hccn captured in the I'acitic. A passiiiger who ariived on the
'Dora'' said : "Oiionr way down from St. I'auPs l.slaiid w(
" Kiish " iJursuing. Undouhtcilly hy this timi; the '• Uusl
onjiiiircs."
^uw six scalers and the
has niade additional
Vaplniii Shepard's Rrporl.
IVashinrjton, Juhj 'M. — A telejrrani from Captain Shepard, comniandini; the Ileveiiue-
htcan;er " Kiinli," says he seized the "' JJlack Diamond " for violation ot' section lf)56of
tlic revised statutes. 'J'his section was incorporated in the I'resident's I'roclaniation of the
lilst March, on the suhject of seal fisheries. It iorhids the killin;^, hy unauthorized
[KTsons, of seal and other fur-hearin;; animals within the limits of Alaska or in the watei's
thereof. The penalty provided is a tine of from 'MO dollars to 1,000 dollars, or imprison-
ment for not c.xceedini; six months, or hoth, and the I'orfciture of the vessels violating
Ike law.
Inclosure 4 in No. 211.
Ej-lrarl /row llir " Ottawa Citizen" of Auijiist .'i, Is8!).
|{i:iiiuN(;'s Sea 'ruoLiii.Ks.
(Tiy tek\L:raph to the "Citizen.")
W'lishinijtdn, 'j.ml. — The seizure of the British sealing-vessci " Hlack Diamond" hy the
lU'Vcmieeiitter " Hush" is helievcd to he the hciiimiins of a series of seizures which must
lead to some delinite undcrstandiiii; hctween the United States and Great Mritain on the
fuhjoct. (ircat ]$iitain has emphatically expressed the o|)inion that the United States'
(j'lneinnieiit has no jurisdiction over the liclirinii;'s Sea outside the ;5-niile limit. Our
(jovirnnicnt proceeds on the assuniplinn that it has a ri^rl.t to jirotcet the seal in any part
1)1 the ISchrinn's Sea. althoui;li the State Depiitment has never stated that assumption in
direct teiiiis, and all its ollicial utierances on the suhject carry the convicliciii of the
Department's eonsciousuess ol iiiahility to estahlish the claim on the hasis ol' any 'I'rcaty
a;;iteii,ent or international law. l''.veii the Acts of Congress do not anywlure as.-ert a
(iiiiiii over the whole of Behring's Sea, hut only over .\laskan waters or the walcrs adjacent
III Alaska and to our islands in I?chrini;'s Sea. Indeed, the one plcii upon which the
liiitcd States' (iovcinmcnt captures scalinir-vcssi-ls all over the thou-aiuls of miles ol'
w:itir within IJehriiig's Sea is that the wcllare of niankilid rc(|uires thai the seal shall he
liii'trctcd from poachers. 'I'lic lMii,'lisli liovernmeiit aijrecs that the seal should \w
carelully priitcctcii and preserved, hut contends that it has a ri;4!it to he consulted as to
llic iiKlliDil of iJi'Dtcctim; the se.d on the open sea.
'I lie I'niled States' (iovernmciit is unwdlin:; to take olhi r Governments iiit'i p.irtnei-
i-liip ill I he husiness, heeause the seal really beloiias to the I'rihyiov Islands, idlhounh it
soiiietiiius 'trays to distant watt IS to s|)end the winter. JS'cvertheless, when it comes to
H erisjs. (his (ioveriiment will [iroliahly have to admit that it has no light to say, inde-
liendciu ol other nations, that seal /hall not be taken 'iOO or 300 miles from shore. It
«oiil(i not he surpiising if some serious collisions should occur between the seal-hunters
and our Ucvenue-eutters. The scalers are out ii' numbers, and the seizures that arc sure
to lie made this summer must bring tliinu:s to a crisis and lead to a settlement of right in
'lie iiialtcr. Sir Julian I'auncelote will have big business to attend to when he letuiiis to
"asliiiii;(i)u. lie will doubtless hrir:.r buck with him some urgent representations from
[!-•»] ' 2 ti
208
Lord Salisbury. Sir .luliaii -iiid before sailinu; lor luiulaiul lliat up to tiiut time tin-
subject liad not been talked ol at all lutwccii liiiiiself and tlio State iJijiarlment berc.
Tbc .seizmi' and siareli oC tbe "Triunipli," wbieli was alterwariis ri Icu.-ed because no
sea!.sl>ins weio found on board, may be a more serious mutter tliiui llio seizure (if ilu
" IJIacU Diamond," for it involved the rii,dif of tbe United StnteR to seize au'l scnnh
suspeeted vessels outside of wiiat arc coiieeded to be tlic limits of tlif jurisdietio!; of the
Umted .States.
tUni(/or, Ml'., 'isl. — Secretary LSlaine ])as-ed tliroui,'li tliis eity this evening,' m
roitlp to ll-u- Harbour. A reporter (;alled bis attention to a declaration in ii Piostoii
paper that it would be imjiossible for the national Government to "sustain tiie preteiisiim
of .""Secretary Ulaine tluit liebrini^'s Sea is distinctly American water." Tbe .""'ecretary nl
State siniplv remarked tbat it miijlit be well for the r.ai'.er in (jnestion to imiieatc tln'
occasion, olbv'ial or unoflicial, where be said anythiii;j; at ail on tbat jjoint. ilr. Jilaiiiu
added that cverytliiui,' done on the fur-seal (iuisti(ju since tlie Uh of last .Mai'ch was in
literal oomplianee with the directions contained in the Act of Consjrcss which was apjjmvcii
by President Cleveland on tbe last day of his term.
Inclosurc .') in No. 211.
I'lxlrnrt frnin llic " Ollaini Cilizcii " of Aiujitst 'i, ISS!).
Virlnrin, Jt.C, 5//(. — The most astonishini? tbin;j; tliat has l)a]ipeneil hero since tiji'
foundation of the town was the ariival in the harbour yesterday of the " lUaek Diamoiiri.''
Captain Tbonias, which, on tbe lltb .July last, was seized by tbe .Vmericpn Uevenue-eutUr
" Kush," lor the alleged illcu'd capture of seals in IKiiriMj;'s i^ea. Captain "" :)mas, the
moment lie stepped ashore, was met oy the owners of the schooner, and lo tlu in he
reported tbe facts connected with the interruption of bis vessel'.'? sealint; tri|), lie sisrhtcil
the Ueveunc-eutter '• Hush" on the 1 1th .July, o miles away, lie was catching' seals iit
the time, and was 70 miles off shore, lie immediately made sail, intending' to elude llif
cutter and avoid any jiossible trouble. 'J'he wind, uid'orlunately, was lather liccht. aiid tli"
" liiish's '•■ enj^ines enabled licr, iuaidc of an hour, to overhaul the " Black Diamond."
Tlu- ('i)iiiniander of tlu; ''Ku.sh'' at tiist si^nidled the schooner to hea'. c tci, but i:i'
attention beincr (laid to the order by Captain Tbonias, the " llusb" stcanieJ :d;iiost aluni;-
side, hi r t'onimander shmitiuic out his onKr for lur to lay to. This he did three tiint-,
but Captain Tboni;is still payini,' no attention to him, he stcantcd aliead of the ''HIm;'!;
Diamond " ami lay across her bows, compelling Captain Thomas to haul his vessel up
sharpiv and lay to.
Ti;en Lieutenant Tul tie, three other odicers, and two boat-loads of Yankee sailuis
came aboard and be^an makinu; an examination of the " IJlack Diamond " hold. Captain
Thonuis demanded an explanation, when Lieutenant Tnttle informed him tbat his vissil
was und;.'r seizure for the illeiial catching of seals, and demanding the " lliaek DiamoiKi's"
jjapers. Captain Thomas indignaully repudiated the charge tbat be was acting illegally,
and refused to give up his papers. Lieutenant Tuttlc argued, demanihd, and tbreaieiieii.
and linally, after tbri'c distinct, emphatic refusals on Cajjfain Tboma-' part, ordered liia
seamen to break open the cabin lockers and find what the Captain rel'used to give nj). Tlx
papers were found, and jjieutenant Tuttle took possession of them, refusing' to Captain
Thomas' repeated demands to return tbetn. An American sailor named .lolm Hawkins \v,b
then lelt aboard by the Conunauder of the '•Rush," who informed Captain Thomas that In
and bis mate were under arrest, that the schooner was to be taken to Sitka, that the ercv
were not to be detained ; but tbat the vessel was to be delivered over to the United .Stati.~'
Collector of the Port of Sitka, who would lake whate.'cr further action shoidd be thoui;lii
necessary by the j^merican authorities. Written instructions to this eliect were givn t/
Hawkins, and, al'li'l' a thorou;;h search of the schooner, Lieutenant Tnttle, with his ollitri-
and men, departed, and shortly afterward tbe "Kush" steamed oti' tovvard some otlx;
vessels in sight. Captain Thomas said nothing to Hawkins, but |)utting up the [lort lici:;
headed toward the Ahiskan shore. Four days later the " llusb" was passed by the '' IJI.icl.
Diamond," but did not hail her; the schooner was headed in the proper direction, and
there was no necessity for speaking to each other. 15ut the next day the "JSlaci;
Diamond" reached tbe harbour of Ouualaska, in the island of that name, lornnug one ul
the Fox Islands in the Aleutian group, and went inside in the hope of linding there an
English nuni-ol'-war. The ]>laco was deserted however, except by natives, so Ca)itaiii
Thomas, without any ado, turned his vessel about, beading for tbe passage leadiuy; into tlic
Pacific Ocean, and, reaching that, headed straight for Victoria, where lie arrived as described
opinly
Depai't
the
I'i'ealii
Caiii.i
^eath
be M'iz
a lolly
thf ci'i
whole
as vet :
/•
nil
" Trii
norili.
siglitet;
These
salt uls
scliooii
The 111
on an
Capiai,
"Mag,
21)1)
iiUiVi'. CMptiuii 'I'lumms ^aiil Ik' \shsIi'( i^oiiii;- Id Id any oiu; Yankee .s.iiloi' tuUi; liiiu
cnntivp into Sitka, and, as sfaniaii Hawkins ai)|H'ars to liavo had very little to say about
the matter after the " Rush " (Ifparled, the Ciiiiadian kejit his deterniination.
I'lierc was no violonee on the " I'llack Diainimd." Hawkins, as soon as lie saw that
t';i|itiiiri Tiionias dichi't intend to sail tiie schooner into Sitka, seems to iiave r,ia(lt; some
snrt ol a |irf)test, ineHeetual, of course, and llieii setlhd down to a reali/ation of the trutli
ol sa\ir,i; that " there's many n slip 'Iwixt the cup and the lip," He was <piite hopeful,
wheii he eatne asiiove to-day, that he wouldn't he swnni; from a yard arm for not obeying
urd' r-. In the face of his predieanieiit he was in faet lemarkalily cheerful. Me proeecdecl
at once lo the Auierieau CVjiisulate, where, handini; over his instructions to the United
Slates' (.'onsnl, he inadi! a statement of what happened, as he saw it, since the"Jiush"
jimled will) him. His hist(jry of the aliair has been teletrraphed to tlie authorities at
,\asliinL'ton. The utmost satislaetioii is fell, lieri' at the cseape of the " Black !,)iamond,"
particularly amoiii^ the sealers and the owners of sealinii-vessels, and Cajjtain Thomas is
Ijcuiu' made a lion of for his conduct in the matter.
Inclosuru G in No. -Jl ].
I'll inirf from the " Ollinni Cllizru'' (j/ .liu/n.^l (i, !sS'.).
Is rr A 1! u;kt)ow\ ■
Vushinijltin, Dlslricl of CohuMii, I'jlli AmjiixL, — [S/icc/r//.] — In some iiuurtei's the
re or less than a
Sea (picstion. It was
awav of tile " Black Diamond " is looked u
der oi the position taken by the United St;ites on the Be
poll as notlinii,' hk
>tatcd this nior
l)V an ex-ollieial of the Government, and, uiion mv askinc; for lii.s
ieas(i:i (()r sueli a view, he simjily ret'eried to the course pursued by the Tre;
s|;tte Departi
Its ill IS88 ai
iillieieut a
jftlie "Black Uianiond" was all for eHecl, and her arrival at a British port was notlii
Mioic nor
less than what was expected. 'I'he 'I'reasurv |)eople with whom
d
nswer. AccordiiiL; to his theory, the seizure
e nivcrscfl on
the subject scouted this position as most absuid. They slate that ( 'aptain Shepard was
c.e.ryiiii; out his inslriietions, and would never have seized the '• Black Diamond '' unless
he was convinced that the laws of this Covernnient on the fur-seal matter had been
upmly and uiujuestioiiahly violatci
II
lartieiilars by mail are to reach the Treasury
Dopartiiieiit not later than Wednesday next. Ca])tain Shepard will explain the seizure of
the '•Black Diamond,'' and this, the Treasury people say, will fully ex|)laiii liis action on
lire
inir o])en the cabin and takini,' [lossession of the ship's jiapers. The aeti
iMlain She|iard lias yiven rise to consulcable comment in o
Ihci.d
t;cntk'iiieii with whom 1 talked, ami who is wi'U inibrmi'd, sa
id tl:
cle
lilack D
Ol
lamond
of
)f the
ill
he >eized tiie tirsl lime she ap.pears in Ameiiean w
ii liiii^' time before the ojjporlunity for
[iter for this
same olle
Ifeiiee, but it will be
sucli a seizure occurs, ii
III' ease can lie rcaeliei
1 otbi
ind there is no law by which
The vessel was seized and ''ot awav, and that is the
whule stor,' in a nut sliell. The British ('
'i d'Art'aircs has not received anv information
as yet regardinff this new dcvcloinnent in Behring's Sea.
Inclosure 7 ia No. i,'ll.
Rjiruclfium thv " Tonniln Gltilic" of AmjuM 1, 1889.
]\roiii-, I)i:tails.
^^^y'lclariii, Brilisli Cohimbui, [Wsl .//'///.— Caplaiii McLean, of the British sealer
" rriiunjih," which has arrived here from ik'hring's Sea, is rcticciil about affairs in the
H'li'th. It is stateil by others on the vessel, however, that when the "Triumph "was
sighted by the " Ku.sh " there were thirty seals dead lyim: on the " Triumjib's " deck.
Tiase are hurriedly skinned, and the i>elis hidden ainoni? a lar^e (piantily of salt. Tliis
salt also formed a heavy coating' to about MIO sealskins which lay in the bottom of the
schooner. Lieutenant Tuttle made an examination, but sceinu' nothintc but salt departed.
The men on the '• Triumph" say that (.'apiain Dodd, of the "Mae," had said he would lire
on any American odicers ntteiiiptinj.' to board his vessel. Lieutenant Tuttle told
*-'ipUiiii McLean he had seen live s/hooncrs crterim; Behrini;'s Sea on the -ilh .Fulv, viz.,
"Ma-ie .Mac," "Triumph," "Mary Ellen," "Lillie L.," and " Ulaek Diamond."' The
[l-'«] ■ 2 Q 2
300
latter was captured, but the fate of the others is unkuowii. Tlic '•Coronn " arrived to-diiy.
Captain Carroll says when he left Juneau, Wednesday, the iJrilish men-ol'-war " Swiftsurc,"
" Icarus," and " Ainphion" were there; they left for Port Siinnson on the followiM!" day.
The "Corona" lieard nothing of the seizures.
A nui'.iher of prominent sealing men waited on the Captain of the Britisli man-of-war
" Champion," wiiich sailed to-day for the north to join the tlix't, and ijave him full
particulars in writing. Me will convey them personally to Admiral Ilonca^e. A deputa-
tion also waited on the Honourable John Kobinson, I'rovineial Secretary; he lias
telegraphed to Ottawa demanding ])rotection of the Impciial (Jovernment. Telcgrains
also have been sent by the luost prominent public men ol'liie province. The action of the
Imperial Government is anxiously awaited.
No. 21-'.
Tlif Afdiqiiis of iSdlixburii tn Mr. Edtvitrdes. — (Sulistniict: Irli'ijiiijiliril.)
Sir, Forrujn Office, AwjusI 'Jl', I8H!).
IIKR .MajcstyV- Government are in receipt of repeated rumours that Brili-iji
vessels have been searched and even seized in Hebring's Sea, outside the M-mile distmiee
from any land.
No ofheiid confirmation of these rumours has yet reached Her Majesty's Ciovernmciit,
but they appear to be authentic.
I liave to instruct you to inquire of the United Slate.'i' Government whether any
similar information lias reaelied them.
You will also re(|uest that stringent instructions may l)e issued as soon as praeticalile
to the oflicials of the United States to prevent the |)ossible recurrence of such incidents.
1 am, &c.
(.Signed) SAUISnUIlY.
No. 213.
Till' Miinjuis of 'Sitlinburji to Mr. Ediemdcii. — [Suhxlanrp Iclrijrophcd.)
Sir, I'oreiijn OJIicr, Aiiijiist 22, 18S9.
WIII'.N vou nial<c the communication to Mr. HIaine, as instructed in my previmis
(iespatdi of this day's date, relative to the recent seizures of IJritisb vessels in lH'hriiii;'s Sea,
1 sliouid wish you to iciniiKJ him that clear thoui;li unollicial assurances were given last
year bv Mr. Pi.iyard that, pending the general discussion of the (piestions at i-sue between
Her Majestv's Ciovernment and that of the Iniled States, no further iiiterfercMici' sii'iuld
take place with liiitish sliip'; in Iiebring's Sea at a distance iVom the shore.
You will lind the record of such an assurance conveyed to me through Mr. I'liclp^ in
my despatch to Sir L. West of the .'5rd Apiil, 18S"<, and Sir C. 'I'uppcr informs ine
that .Mr. Hayard gave personally similar assurances to him and the other members of the
Commission sent to \Vashin;;ton.
>'w.}. Pauiicefote will be picparcd to discuss the whole (picstion when he returns tii
NV'ashin^ton in the autiuun ; but you should point out that a s'ttiemcut will only ho
hindered >boul(l the United States' authorities resent to measures of 'orce again-t iJiilisli
ships beyond the "j-mile limit, against which Iler .Majesty's (J.jvernment. must necessarily
|)roti st a- contiiuy to the princi|)le of international law, which the I'niicd Slates have not
only acknou Icdged, but have themselves tiriiily and publicl\ maintained.
I am, t\:c.
(Signed SALISBURY.
No. 214.
Mr. Kdinirdis In the Mi:niiii.-< of Salialmr!/. — {Received Inj tcU'ijraph, August 2G.)
My Lord. Neirporl, Aiifju.sl '26, 188!).
I n.\I) the honour to receive on the 2"rd instant your Liadsliip's two telegrams
of the 22iid ultimo, iiisliucting nie to inform the Secretary of State that ie[)catcd rumoais
had of iaie reached Her Majesty's Government that United States' cruizcrs have stopiK'd,
801
siaiclicd, ni«(l even soizcd British vessels in Rolirin^f's Sea outside the S-milc limit (i'orn t!ie
iienicst IiiikI: llint iiltlioii'^li no oinciid roiifinnation of tliL'.sc riiini)urs had roiicliod Her
Majesty's (iovt'iiuiKMit, tiicrc did n;it appear to he any rciison to douht their authenticity.
Your l.ordsiiip (le>ired me at the sinie time to impiire wliellier tlie United States'
(ioMiiiment were in piissrssion of >iiniiar informalion, and to ask that stiin'_'»'n{ instrnelions
>liiiiil(l he sent at the eailiest inoincnt, \s\\\\ the view to prevent tiic possihility of siicii
iKTiineiiees lakinu; plaee.
In speikini; to Mr, iJlaine on tlie idiovo suhjcet, your Lordship instructed me to
ri'iinnd him tlial ller M.ijestv's (iovernment liad reeeived la";! year very elear assurances
I'loiii Mr. IJavard, at that time Secretary of State, that, pending the discussion of ti)e
liciidid (ineslions at i.-'^ne, no further interfi reiiee siiouhl take pluec uitli Mritish vessels in
iiehriiii;'s Sea, and, in conclusion, to state tliat .^ir .1. Cauncelbte would he pre|)are(l, on his
rdurn to \Vashinu;lon in the antunm, to di-cuss the whole ipiestioii, addmi,' that llcr
.Miijcstv's (iovermnent wished to jioint out that a settlement eonid not hut lie hindered hy
nieasiiris of force on tiie part of the United Slates.
I iiecordinjily Icit at once for Bar llaihour (.Maine), where Mr. Blaine lias hecn passing
the sinniner, and on the moininj; of the LMtii instant I called on him, and made a coin-
nuinication to him in the ahovc sense,
.Mr. Blaine at once asked tne to address to him u note containina; tlie suhstancc of
\()ur l.cndship's instructions, lie said th.it he was unahle to jiivu a reply until lie had
coiisidted with the I'resident, init he piomisi.'d that 1 slioukl receive one to the note 1 was
to addie-s to him at a very early date.
All tliat he could say to me then was that siniilar rumours had reached the United
."^talcs' (iovernment, which were prohalily antluntic, althou^'h no olfieial contirinalion had
liceii ;;iven to them, and he could say to me, in further r('])ly to my comniunicatiou, that
he w IS ol opinion that there was little divergence in the views of the two Governments on
iliu points at issue.
(Jn the tcrmiuation of my interview with Mr. Blaine, 1 dispatched to. your Ijord-
sliip a telegram inloniiin,!; you of what had taken place, and then, in aeuordanco with
Ml. Bliiiiic's re(piest, 1 addrcssod to him a note, a cojiy of which I have the honour to
inclose.
In the altcrnoon of the same day f met Mr. Blaine, and he told me that he had
mldiessed a letter to me containiiii!; the reply he had made to me earlier in the day. I hud
the liiiiiiiur to forward to your Lordship hy telegraph the suhstancc of this re|)ly, a copy of
wliicli is herewith iiudosed.
Tiiis re|)ly, as your Lordship will see, coinniences hy sayina;tliat rumours of the search
and s,i/.iire of British vessels in Beliriiiii's Hja hy United States' cruizers have reached the
Unitid Slates' Ciovernment, and that allhouiih no oflicial coiifirination ol those rumours has
IjCL'ii received hy them, they appear to he hased on truth.
.Mr. Blaine then i;oes on to say that it has heen and is the earnest desire of the
I'lTsidriit of the United States to have such an adjustment a.i shall remove all possihie
;ro\iiid of misimdi'rst.-iiuliiit,' with Her .Mijisly's (iovernnu'iit conceinin'.c the cvislimj
troulilcs ill the Bchrinn's Sea, iuul that the I'li'siileut lielieves that the ii'Sjioiisiliility for
liilay in that adjustment cannot he properU- cliarucd to the Governiiient of the United
^'taks, and he hei;s me to express to your LorJship the givitilication with which the
Ouveriiineiit of the United .States hears that Sir .1. I'auneelute will he prepared on his
uttini to WashinL'tcm in the autumn to discuss the whole (paslior
.Mr. Blaine cone hides lii.s letter hy sayiin; that he has jilcasure in assurini; me that the
(idveniinent of the United States will endeavour to be |)repared lor tl'c discussion, and
tl.at, ill the opinion ol the President, the points at issue htlwcen the two (Jovcrmncnts are
ciiiialili' lit prompt adjustiuent on a hasis eutii\ly houour.ihic to both.
1 inkiu)wledged .Mr. Blaine's htter in a note, a copy of which is heiewiih inclo.scd
(liicl(Ksiue No. .'U, inloruiiii!,' him that 1 •■should lose no time in hiiiif,'iiii,' his reply to the
l-;iiouleili;e ol Her Majesty's Govcrnmenl,. who, while awaitini; an answer to tlie other
iiu|aiiies 1 liail the honour to make to him, wuuld, I lilt eonhdeiit, receive with niueh
satiblactiun the assurances which he iiad been gocd enou^'h to oiler to me,
I have, &c,
(Signed) 11. G. KDWAllDLS.
802
liiflosure I ill No, 'J 1 4.
Mr. hUliiiiidi s III Mr. lilnini'.
Sir, /;//)• lliirlidiir, .hujiisi -J I, issji.
IN iiccoi'd.incc widi iiistnictioiis wliic li I liavc ipccivcd Unn\ llcr Miijisly's l'i'iiic'i|i;i|
.Secretary (t' S'liifc lor Imiumu'Ii .\iHiii-i, I have (lie lioiioiir to »latc lo \cni tliat r('|]('iit(i|
riiiiiours iiavc of late ri'iichi'd llfr Majisty's Uovi'riiinciit that Uiiilcd tStatr-,' cniizcrs haw
6to|)|it'fl, searched, ;piic1 ovoii seized Hritisii vessels in IJeliriiigV Sen outside tiie It-inilc
limit IVom tlir iieare-^t land.
Altlioiurli no ollicial eonfirniation ol' tiuse nnnnnrs lias readied Her .Majcstv'^
Goveiniiu'iil, tlurc npinavs to be no iiaNon to doulit tlieir aiitlieiitieity. 1 am desiicil in
the Maiquis ol' Saiistimy to in(|uire wliellier 111;' I'liiteil Sl:lle^' (1oV( iiiment arc in
])os«es-i()M (jf ^;lnilar iiiformalioii, and I'lirtlier to ask liiat slriiivciit instriu lions may h
sent liy llie Uiiitt'd States' (loveniiiunt at tlie earliest moment to tlicir ollicrs, witli lln'
view to prevent the |iossii)ihty ot'sneli orcurrenees taking p'aec.
In e(>ntinuation of my iiisliuetioiis. I have tiie honour to remind yon tliat Ikr
Majestv's (iovernnu'iit received very clear assurances last yiar iVoni Mr. Bayard, tliii
Secretary of Slate, that pendinu; liie discussion ol the u'cneral questions at isrue, no (iiiilicr
nterierence should take plac" with Itritisli vessels in Hehrinq's Stsi.
In conclusion, the .Maripiis of Salisbury desires nie to say that Sir Julian I'aunceiotf.
Her Majesty's Minister, will he piejiarcd, on his riturn to NNashiuutoii in the auluiiiii, tn
discuss the ivlude (juestion, and Her Majesty's (Jovcmmeiit wish to (loinl out to the Uaited
.Slates' (iovernment that a '-I'lth tiieiit cannot hut he hindeied hy any lueaua of lurw
which may he re oited to hy the United States' (Jovcninient.
1 have, &c.
(Signed) H. G. i:i)\V.\UDr.S.
Inc
in No. L'H.
Mr. Ii/iiiii'' Id Mr, Kihriirdcs,
Sir, lliir Ifarhoiir, Mninr, Auijiist 2t, ISsl).
I 1 1 A\'l''. the honour to aekiiowledj^e the reeeijit ol" your letter of this i\Aq, conveyiii'.'
to nie the iutclli^euee "that repealed rumours have of late reached Her Majc'-ty's (loverii-
nicnt that the United States' erui/.er.-. have stopiiei, learched, and even seized Uritisii
ve-sscls in Jiehrinu's Sea outside the .'^niile limit fioiu t'.ic learcst laud."
And you add that, " altliou'.;li no ollicial conlirnialiou of these rumours has rcacln'i!
Ilcr Majesty's {joverument, there ajipears to bo lU) nr .on to doubt their aulhenticity."
In reply, 1 have the- honour to slate that tlu siou; rumours, probably based on tiiitli,
have reaelied the (Jovernnient of tlii' United States, hut that up to this date therein'.
been no ollicial coiuuiunieafiou reciivid on the subject.
It has l)een, and is, the earne^t desire of the I'l'esideut of the United Stales to li.ivi'
Bucli an adjustment as shall nniove r.ll p(;s>ible urouiul of luisunderstanilin.n' with Ikr
Majesty's (iovernment ciuieeruin;;- the ( xisliui,' trounles in I'ehring's Sea, and the l*rc>i(li'ii!
believes that the respousihilily for delay in that; adjustment cannot be properly eharncd ! '
the Government ol the United States.
1 be^; you will cvpress to the .Mai'(|uis of Salisbury the gratHicatiou with whidi tin
Government of the United States learns that Sir J. Pauncefote, Ilir Majisty's Miaistcr,
will he in'e])are(l, on bis return to \\ ashiiiLiton in the autumn, to discuss the wIidIc
question. Jt L'ives me pleasure to assui'(^ you that the (iovernment ot the UniUnl Stalis
will endeavour lo be prepared lor the discussion, and that, in the opinion of the I'residciit,
the points at issue het\\een the two {jovernmeiits are capable of ]U'ompl adjusiment on :'
wsis entirely honourable to both.
I have, &c.
(Siijncd) J. tj. ULAlNi;.
)\VAKDr>.
no3
Itu'lositrc 3 in No. 214.
Mi: Eihrarilfs to Mr. Itlnine.
^ir, 11(11 Hiiilioin, .liKjiiil 2'), 1S8!).
I HAD the lioiuiur to rrccivo ycstcrd.iy your note, in wliicli ymi U.wr Ik'cii uood
ciioiiL.'!) lo iiiiorm iiic, with iCHpi ct to tiic ii|)( iitctl ruiiHiurs wiiicli iiavi; ol hiti- rciiclicil llcr
Miiji'stv's (iovci'iiiiieiit of tlin soarch iiiiil ?,( izuri' nt' liriti-li vesx'ls in lk'lirin^''s Hen by
United Stiitt's' crnizcrH, that tlii^ Miiiif ruiiiours, piobalily liascd on truti), iiavf reached the
United Stnto' Oovcniuicnt, hut that ni> to this date there ims hei/n no ollicial coniiiiuni-
catinii rcci'ivi'd on tiit; suhjci't.
At the sanii' liinc, you have done nie (lie lionour lo inlorni nn' liiat it has Ix'en, and is,
llie rariiC't dt^iiv of the I'n «idi'iit ol' thi' I'liitid Slates to have sueii an adiiistiiieiit as
•ihiill itinove all possihh' moiiiid of niisuiidcistandini; willi llcr .Majesty's ( I'oveinrnent
i.'oiacrniii;-' the existing; trouLlcs in l!iliiiii^'H Sta, and tiial the I'lesiiUnl hilioves that thu
rc.-pon-^ihility loi' (leiay in that adjustment cannot he propcily chuiLjcd to liie (jovcninicnt
of tiie United Slates.'
Vou re(|ucst niu at the same time to cNiui^s to tlie .Mar(|uis of Salisbury the i:ratifi-
cation with which tlie (Jovernnient of the U.iiied States k'uiiis that Sir .J. I'auiicclote, Her
Miijf-ly's Minister, will he prepared, on his rctiu'n to W'ashinirtoii in the autumn, to discuss
the whole (juesl ion. and ycni are uood enoni;h to iiiforni lue of the ])!casure you have in
,1-Miiiii^ mk; that the (Jovcrnuicnt of the United Stati s will cnchavour to be j vepared for
tlie di>eus>i()ii, and that, in the opinion ot the President, the points at issue between the
two (i(iveinnicnts are capable of prompt adjustment on a basis entirely honourable
to hdiii.
1 shidl lo-e no lime in bringlni; your icplv to the Iniowledge of Her .Majesty'ti Govcrn-
imiil, wild, while awaitin;; an an^wer to tiie other incpiirics I have bad the honour to make
10 you, will, I feel conKdenf, receive with much satisfaction tiie assurauces which you
have been good enough to make to me in your note of yesterday's date.
F have, &c.
(Signed) II. G. KDWARDES.
No. 210,
Ciil'iiiiiil Office lo Fniviijii Office. — {Received Aikju.sI •_'!).)
Sir.
DoiciiiiKj .•<l>-cct, Auijust 2i), 1889.
I A.M directed by Lord Knutstord to transmit to you, to lie laid before the .Marepis of
Salisbury, a copy of a (lespat''h from the (iovernor-tiencral oft'.iuada. with a licjiort of the
Coiiiiniltee ci) I'rivy Council of the Dominion, with telei,'raiMs Irom .Mr. llaker and the
C'lllector o|' Customs at \ ii'toria, respecting tin! sci/.urc of the •• lilack Di;'.niond '' and the
" rriiimpji ■ by the United State,,' Kev('iiue-cuttcr " Kiebard JIu.-l).""
I am to re:picst to be informed what answer Lord S.ilisbury would jiropose sliould be
aturncd to liiis despatch.
I am, &c.
(Signed) EDWAUD WINGFIELD.
Inclosure 1 in ii<i. 215.
Lord Hlanleij of I'rc.slon to Lord Knutsford.
My Lord, Citadel, Quebec, August 9, 18S9.
I ll.WE the honour to transmit to your Lordship a copy of an apjiroved Report of a
'-^Dnimittce of the Privy Council, submitting telegrams dated the ;]Oth ultimo, from
I- C. liaker, Esq., M.P., and the Collector of Customs at Victoria, British Columbia, with
reference to the sci/.urc in Hebring's Sea, 70 miles from land, of the British seuling-
^'cliooner " Black Diamond," with her cargo of sealskins, and to the searching in these
waters, in the same locality, of the British schooner " Triumph," by the United States'
Itcveiuie-cutter "Richard Rush," and requesting that tiie attention of Her .Majesty's
•jovcrnnicnt be invited tliereto, with the earnest hope tiiat an early assurance will be given
304
that British subjects peacefully parsuiiig their iawiul occupation!! on the high seas will be
protected.
I have, &c.
(Signed) SI'ANLKV OF I'RKSTON.
Inclosure 2 in No. 215.
Report of a Commiltec of the Hnnoumhlr the Privii VoiineU, approved hij his li.irellenrii the
Governor-General in Counril. AikjuxI 2, IbS!).
ON a Report, dated the 31st July, 1889, (rom the Minister of Marin;> and Fisheries,
submitting teiejrrams dated the 3()tli ultimo, from E. C. Baker, Ksq., M.l'., and tlio
Collector of Customs at Victoria, British Cohinihia, with reference to the seizure in t'"e
Bchring's Si a, 70 miles from land, of the British scaling-schooncr " Black Diamond," v'nh
her cargo of sealskins, and to the searching in these waters, in the same locality, of tiie
British schooner "Triumph," by the United Slates' Revenue-cutter "Richard Rush," tlic
Master of the "Triumph" beinj; infornicd that immunity from the seizure of his vcssd
was duo solely to the fact that she had no sealskins on board.
The Minister represents that four years have ela|)scd since the seizure of British
sealing-vcssels was commenced by the United States' authorities in the Bchring's Sta, and
the strong representations of Her Majesty's .Ministers to the United States have only
resulted in a continuance of the policy, and a declaration that such policy will lie
systematically pursued.
The Committee advise that copies of the annexed telegrams be transmitted to tl:e
Right Honourable the Secretary of State for the Colonies, with the rccpiest that the
attention of Her Majesty's Government be invited thereto, and with the earnest hope that
an early assurance will be given that British subjects peacefully pursuing their lawful
occupations on the high seas will he protected.
All of which is respectfullv submitted for approval.
(Signed) .lOll.V .J. .McGKK, Cierli. Privij Comuil.
Inclosure li in No. 216.
Mr. (Jroir Baker to the Minister of Marine and Fisheries, Oltaira.
[See Iiiclosuro 2 in No. 211.]
Inclosure 4 in No. 21.">.
Ml. Ifainbli/ In the linn. M. Uowcll.
(Telegraphic.)
SCIIOO.N'HR "Triumph" searched by officer of United States' Revenuu-cuttn' ll.c
lltli July ill Ik'hring's Sea. No skins. Vessel released. Olticer told Master that same
day " I'lack Diamond," having skins, was seized. liotii vessels 70 miles from laiul.
Officer said orders were to seize cvtrv vessel, liiitisii or American, with sl<iiis on board.
No. 210.
Coloniiil Of/iri' lo h'orvi<jii Office. — (lieeelred Seplendier 2.,
Sir, Donnintj Sirrri, Seiilemlirr 2, IHSO.
I AM directed by Lord Knutsford to transmit to you, for the inroriiiatioii of tlic
Mar(juis of Sulisiiury, a cojiy of a tcleinam which has been sent to the (Jovemor-tJemi'.ii
of Canada respecting the Bchring's Sea diiliculties.
1 am, Kc.
(Signed) JOHN BUAMSTON.
805
IncloHure in No. 216.
Jjord Kiintsford to Lord iSlnnlnj of Preston.
(Telo2:iii|ilii('.'l Doirn'mij Stri'rl, AiKjrisf .'51, 1889.
Sl'^lZLKliS of Biitisli vessels in Bcliring's 8ea. llor Ahijestys ("iiai'mi d'Affiiircs at
M'artiiinL'Icn repDi-ts Uiiitcd .Stiitps' Goveriinieni liiivi' no iulornmtinii beyond wliat we
imvf.
Mr. IJIaiiic asked that the sul)staiice of Lord Salisbury's instructions ini^'.it he
cmhodied in a note, and promised early reply. Me .said it was necessiny tir.st to consult
President.
:ic
>prc
■nded
serious (liveru;ence between two Governments, and
expressed Ins own very sincere desire f'cr a joint settleiiient ol' Fisheries and Hehring's
.Sea ipicstions, and dwelt on very Iriendly ieelini;s of I'resiiieiit Harrison's Administration.
In a furt! cr 'i'Icumikm sul)siaiiee of Mr. Mlaiiie's letter is jriveri, '^yiii^i tiiat tiie same
niiuouis, proliaM'. aiithenti", had readied his (Juvernnient, but liave not been confirmed
ii(iieially. The h'tler cvpres-cs the earnest de.-ire ol the President tor an adjustnient
a'aio\iKi,' all possiljh; ^;roui:d lor inisunderstan(bn_' cuiicerniiitr the Irdubles in Heiirinii's
Sen, and satisiaetion at iearnins; that Sii .J. I'auneefote will discuss (piestion on his return.
I'nited Stales' (j.)verinii(iit will pn'|)arc for (ii>eLissii)n, and I're.-iLlent ihildxs [joints at
issue are capable of prompt adjustment on biisis honourable to both (iovernments.
A third t(def;i'aui states tiiat Mr. lilaine had promised a very early reply whether
instruetioNs would be sent to Ala.-ka in order to prevent possil.ile recurrence of .••ucli
incidents.
No. 217.
Fori'i(jii Office to Colonial OJjirc,
Sir, Firciijn Offue, Septemlier 2, 1889.
1 IIA\'10 laid before the .Marquis of Salisbury your letter of the 2!)th ultimo,
(iirwardiiii;- a despatch from the GoveriKir-Cieneral of Canada and a Report of the
Coiiunittee ol thi' Canadian i'rivy Coniicil on the action of the I'nited States' Kevenue-
cutter "Richard Rush'' in sij/ino- the iJritish sca'.inii-vessel " J?lack Uiamond," and
seaieliin;,' another vessel, the " J'rium|)h," in the waters of IJehrip.^V Sea.
In reply to your iucpiiry as to the answer to be returned to this (les])atch, I am
directed by his Lordship to su;;s:est that Lord •lunley sh )ul(i he informed that Her
Majesty's Government are in conuniuiication with that of the United States with the
object of procining instr\ictions which will ^irtAcnt aiiv liirthei' seizures.
I am, at the same time, to rcijuest that you will point out to Secretary Lord Ivnutsford
that as yc t no aulluiitic and tietailed information has reached this Dei)artmcnt as to the
circuii'.staiices attmdiniz the seizure and searcliini,' of tli 'se or other JJritisii vessels by the
Lnited .'•tates' auiboiities during' the |H'eseiit Jisbinir season.
I am, &.C.
(.Si£;ned) T. H. SANDERSON.
No. 2 1 8.
C'olniiiiil Offi''!' in Forriijii Office. — (liereireil September 3.)
Sir, DoiriiiiKj Street, Senlcinlier '■^i 1889.
Wri'll refi-renee to previous corri'spondence, and particularly <« the letter from
this Department of the ll'.Hh ultimo, I am directed by Lord Knutsford lo traiismit to
ynii, to be laid before the Marcpiis of Salisbury, a copy of a further despatch !rom the
Goveriioi'.i Jenernl of' Canada, eontaininj;' with other iiielosures a cutting fri.m a local
iiewspuptr respeetinu the si'arehin'i of the "Triumph," and a telegram from the Collector of
Custiinis at Victoria in connection with the arrival of the " IJIacU Diamcvil " at that port.
I am lo re(|nc>-t that the inclosmes lo l.onl Stanli y's (les[)atch may bo returned to
this Dcpiirtment when done with.
I am, &c.
(Sisned) EDWARD WINGi'IKLD.
fl2Bi
2 U
306
Mv Lord,
WIT
your l.oi'c
ii dcsputcl
i'rom tlic '
wliicli liis
Collector
schooner '
Inclosure 1 in No. 218.
Lord Stanley of Preslon to Lord Knutuford.
Citadel, Quebec, Auijust 15, ls89.
[1 reference to iny dcspiitch of the 'Jth instant, I hiive tiie honour to tninsinit to
ship a eopy ot an approved .Minute of the Privy Council, siihrnittinjr a copy of
I from the Lieulcnaiit-dovernor u( Uiitish Colinnhia, tofjethur with a cuttiiii;
' Colonist " containing Captain Mcl.can'? stateuient of tlie circumstances uiukr
vessi'l, the "Triumph," was scaiclied, and also a copy of a telegram from tlio
of Custo[iis at \ictoria, i,'iving information as to the arrival ol' the suizci
' IMack Diamond " at that port.
I have, &c.
(Signed) STANLEY OF FRESTO.V.
Inclosure 2 in No. 218.
Report of a Committee of the Honnuruhle the Privij Council, upproved Inj lii.f Excellency th
GoL-ernor-Genernl in Council, on the Wth Auyusl, 1889.
THE Committee of Council have had inuler consideration a despatch, dated the
80th July, 1889, from the Lii'iiti'nant-(iovernor of Hritish C'nlund)ia, res|)ectin;; tlii.'
seizure of the British scliooner " Black Diamond" hy the United .States' cutter " Richard
Rush," 70 uiiks I'rom land, an'i tnuisinittiuu' a cuttiMg I'lom the " ( 'olonist," a Hritisli
C(duml)ia nes'spapir, containing Caiitain McLean's statement of the circumstances under
whieii his vessel, the " 'I'riunipli," was searched, and also a telegram trom the Collector lil
Customs at Victoria, giving information as to the arrival of the seized schooner " HIack
Diamond" at Victoria.
The Committee advise that copies of these eonnnunications he transmitted to the
Right Ilonouiahle the Secretary of State' for the Colonies, lor the information of Her
Majesty's (ioveinment.
All which is rcspectl'ully suhniitted I'or
iproval.
(Signed)
JOHN .1. .Mt(;KE,
Clfcli, Prill/ Couiiril.
Inclosure ."> in No. lilS.
Linitennni-Governor Nelson to the .Vfc/c/o)// nf Slnte, Ottawa,
Sir, Government House, Viclnria, Jutii 30, 1889.
I HAVE the honour to inform you that C!aptain MeJA'an, <if the sealing-schoontr
"Triinnph," just arrived Iron. Heliring's Sea, lias lirought news of the seizure of the
British schooner '• Hlaek Diamond " hy the United Slates' cruizer " Rusii " fur .sealing in
that sea. I inclose cuttiiii; taki'ii trnni the " Colonist " new-paper, giving an acinunt iil
Captain McLean's statement.
1 have, r ■..
(Signed) 11U(;II ,\E1,S().\.
Inclosure 4 in No. 2iN.
Kjtriict from the '' Colonist."
Thk SK.\Li\(i-scnooNi:u "l'!,.»tK l)iA.M(i.\i) " si;i/,t:i) iiv •fiiiv IL:- Kyi i:-OLx;'
"Kisii," ANJ) DisfATCiiKi) TO Si'i KA,— SiMidav evening eonsidcrahlc cvciicmcn'
caused in the city, more es|)eeiallv in connnercial circles, when it hec ine knov.i UU
the sealing-schonner "Triiuiiph " had ariived in harhour, hringing with iier the newisti
the capture of the -ehooner " Hlaek Diamond," and her own narrow escape f"oin the same
fate. The jnuticulars of the case are as follows : —
At about Ci o'clock on the even-ng of the lllh ,luly u .-leamer was siglitnl tioiii
the deck of tl;e " Ti i;iuipli," and Caplaiu .McLean at once concluded that the vessel wiis
a United States' cutter, cither the "IJeiir" or the " lUisli." The exact locality of hi'-
307
scluinner iit the linic ('nj)tain McLean did not know, but, as nearly as he could judge, he
was KM) miles to the westward of St. (jeor;;c's Islands, in Bcliring's Sea. The steamer
fallowed in his wnl<e Cor two hours, and at dusU came alongside and ordered him to heave
to. lie at I r] obeyed the order, and a lioat's crew, with the Chief Officer of the " Rush "
(Mr. Tiittle), boarded her. The cajitain stood at the gangway, and asked the officer his
rca-ons tor hoardintr the schooner. The answer was the ])roduelion of writ'en ciders
autlidrizinic " tlie capture of any vecsols illesally scalinir in Behrinj;'.s Sea."
lie then asked to be allowed to scarcli the ship, and on permission being accorded
liim he spent over half-an-hour with his men in overhauling the vessel. No find rewarded
lii> search, kowever, the whole of the skins aljoard having been dexterously hidden in time to
avoid detection. When the search was cnnehided the oftieer turned to Captain .McLean, and,
alter cxijressing his pleasure at not being under necessity to seize bis vessel, informed him
that a lew hours before, the " Rus'u " ha<l eotne u]) with and boarded the schooner " lilack
Diamond." lie bad found f.board ber 104 sealskins, and on discovering these had [jut the
sac(, d ' I'icer in cbarLre, and dispntebcd the captured sealer to Sitka, lie also staled that
it wj? '■'•:(■- ' ..ention of hi-; Connnander to capture every vessel diegally sealing in Mebring's
- ■■ ai.M ' them lo .Ameriean [)orls in tharne of .American oHiceis.
ik i i;n ordered bis crew to return to the " llusb,' and, as soon as they were ai)oard
:U;.iiier, beaded full speed away to the west.
.At the time of hoarding, the "'rriuni|)b" had aboard ber alunil .'ViO skins.
The " Hlaek Diamonil " is owned by .Messrs. Guttnian anil Kraid;, o( this city.
Yesterday morning, when the tacts of the case became generally known, Captain Cox,
H. .'■•aiinders, and A!r. \\'. .Munsie formed thetnselves into a deputation, and decided to
('or l']s(|uinii;lt innnediately, and interview the captain of the " Cham])ion " on the
til''
Mr.
loav
sulijcct. Commanikr Sinclair received the deputation •ery etnntcously, and, on learning
the (il)jeet of their visit, ordered his secretary to take down all the statements made. The
facts of the case wire then put before bim, and the visitor? protested against the menace to
the scaling iniiustry by the acts of the United States' Revenue-cutter. It was
represented that (.ut of tilt} -five sealing-sel.oonurs that liave entered Behring's Sea this
season twenty-four belong lo N'ieloria, and that if the acts of the Americui Cjovcrnment
were not speedily put a stop to, tiie seiding industry ot' Victoria would be I'uined.
All the members of the deiiutatii/u siirned the statement, and Connnander Sinclair
told tli(
that, alti)oi(gh he could do notl
imself,
he wouU
I 1
av evervtbing
hclore the .Admiral as . noa as be joined the fleet. He further advised them to collect all
natioii on the snbjrcl and dispatch it to .Vdmiral lleneage by the
ctlur availabi' i:
stiaiii-ship " Siceoriv
n liicli sans
Oil
n'aii!
r-d
■>ena r
on 'riiursdav next lor Port Sini])!
v the ileputiition was joined by .Afr. Riebaid Hall and Captain
;dd, of 'roronfo, was thdi interviewed at ti.e Driard, and at once
threw hi.Mself into lI ■■ -uhjf.jt. going with the depniatinn to .Mr. K. Crow Baker, M.l'., and
the honoui.d'le Mr. i bson frovineial Secretnrv. A telenri'.ni containing the wbolcof the
f;;ct
s was (hspat-.'liei;
H
onnu
rabletbe .Muns'.er of .Marine and Kislieries at Ottawa
by Senator .Macdonald, and it is expected that an answer will be received in time for it to
bLMlispatehed to the Adnural by the "Sardonyx."
ble .Mr. Kobson also dis|)al'lied a separate telegram to the .Miinster of
Ml
I lie liononra
iriiie iiii the same subjeet
Inelosure 5 in No. 2L'<.
Tilij.i.'frnw Vir/nriii, li.V,., to Mr. lloircll, Minister nf i'listoiiis, Ottawa.
ONK n.,„
lake her to S,, ,
toVictoiia. \
m Keventie-ciiller lilaced (sii board " Black l.)ianiond," uiib lu-drrs to
S^'s'-el's master and crew remained on hoard, and brought her straight
■sseiV p.ipers, clearance, ( oasting licence, and certitieate ol registrary, also
salted skins, taken from her hv ollicer ol Revenue. cuttei
No. 219.
Admiri'ltij tn Forfign Oj/irr. — (^Received September 0.)
f^ir, A<lmlr>iUij, Seplemher 4, 1889,
I AM connnanded by inv Lords Cniinnissioners ol the Admiralty to transmit
liercwith, for the information of the Secretary of Slate, copv of a letter fr nn the Captain of
[12S] ■ 2 U 2
308
Hor Majcstv's .slii|i '■('liampioii,' dated tlie 30th July last, with copy of its inciosure
respectiiiif the capture ot' an lMii;lisli scalin;;-schoouer by a United States' cruizer in the
Behriiig's Sea.
1 iiin, &c.
(Signed) U. D. AWDRY.
Inelosi'i'e 1 in No. 1219.
(.'(intaia .n7. Clair to Renr-Adrnhnl Hcnentjf.
Sir.
" Cluimpioii," lit Exifuimnlt, ,Mij 80, 1S80.
I IIAVK thi' ii;iiii)iir til ( ' your' inlbimation. that durini; the (brenoon of the
20tli in.-itant a dtpiitation oi (, it sealiiiij-schooners came on hoard this ship at
Es([uinialt to re|)(iii th.tt an Hiiifiibi. ,iooncr had been cu|)tured in the Ik'hving's Sea by«
United Stall >' criiiz( r.
A copy of their statciiiiMit in attached.
I iritornied iliein that I wduld snhmif thi'ir statenienl to you on my arrival at
Port Simpson.
I have, iS:c.
(Sitrned) A. V. ST. ; lAlU.
Inelrsiiie 2 in No. 2K».
Slatriitnit iiiiiili' I'll Oiriwr.f nf .'^t'liliiiij'SclioonnK iil Vicloriii, U.C.
THE I'^njrlish s.dioonor " Tiiuinpii," Captain .McLeati, arrived at Victoria last
evenini; ("iSth 'ruly) fiom 15ehrinL;'s Seas, and reported that she was hoarded in these seas
on the nth itistaiii at 8 i'.\[. by the .\nierican steamer " Uusli," Lieutenant-Commander
Shepherd, at loti'^'ifude 17')° west, and Td inihs off the >iiorc.
The Coinnuinder of the " lUisli " searched tlie vessel and found no seals on hoard.
He ordered Iter (the •' Triumph "'i out of the seas, and said if site was found tlicre a;^aiD
She woidd be taken piisiiie:- to Ounala^ka.
Lieutenant Shepherd, of tiie " Hush," alsii had inlbiined Caj)tai!i .McLean that he had
that (hiy seized tlie Kntflish schooner '" Black Diamond," and his instructions were to seize
all vessels found in these seas.
A prize crew had lieen put on hoard the " Black Diamond," and the vessel sent to
Ounahiska.
^(Signed) JUllN (JKAIIAM, Oimcr of Schooner " Snpphiir."
UILL.M. .MI.MSIL. thnicr of .Schooners "rim,"
" Piilhtiiidrr," and " ^[llrl/ Taylor."
U. SAUNDliRS, Owner of Schooner " Ourel."
" Champion," at Esquimalt, July 2!), 1«89.
No. 220.
The ManiuLt of Salisliurii to Mr. Edirardes.
Sir, Foreiijn Office, September 9, IPS!).
I HANK to express to you my approval of your )iroeeedinLrs, as rejiorted in your
despatch of the "Jf-rth AiiL^ust last, "il!i retercnee lo the reprisentations you wiTf
instructed to make to the United .~^tate>' .Secretary of State in reirard to the st'wures cl
British vessels in tiie waters of 'iehring's Sea.
I am, ic.
(Signed; SALISnUIiY.
309
iN 0.221.
Foreirjn Office to Coloniiil Of/irr.
Sir, luirfitjii Offi'e, Siipt/'itilief '.), ISH'J.
WITH I'cfertMice to your letter of the '-ivd iiistimt, I am clirecled liy tlic .Marquis of
Salisburv to ic(|uest tliat you will move tlio Secretary of State for the Colonies to cause a
tck'jirain to l)C sent to the Govornor-Cieiienil of Canada, rccjuesting iiis I'.xcellcncy
to I'lMiiish tier iMajesty's (jovernment with in. mediate intormation il any further stopjiaice
of vessels in iJeliring's Sea takes i)lace.
1 am, i^c.
(^^iirncd) r. II. SANDi:ilSO^.
\o, -222.
Colonial Offiif to h'orrir/n Offirr, — [Rfrrlirrl Sppleiiihri' 10.)
Sir. Doirnini/ Street, Siplnnlier 10, 1«89.
\\ rril refprenec to previous correspondence rLSjx etinij the seizure ot ( 'anadiau
scakM''. in }?ehriui|;'s Sea, I au\ direetel l)y Lord Kn'.;t<tord to transmit to you, for
coiimnmication to the .Maniuis of Salisimry, a co|)y nf a despatcli from the Covernor-
General of the Dominion, witii its inclosurcs, on the subject.
I an), &c.
(Signed) JOHN liHAMSTON.
vessel sent to
Inclosurc ! in No. '2'1'1.
Lord titnnhi/ of Prrslon to Lord Knutsford.
\\\ Lord, C'ltmli'l, Qiichir, Ainjuat 20, .889.
Wrril leferenee to previous corrcsiiondence rcspe(tins; the seizure of the " Black
Diiitnond " and the detention ot the " IViumpli " in Hehrinu's ."^ea, I iia\e thv honiKir to
foi'iv.ird heiewilli a cojiy ot an appioved -\liiuile ot' tlie I'rivy C'ouncil, suijuiittins; eo|)ies ol'
till: instructions '.;ivcii to the special ollici'i' placed cmi i)oar(l the '• Black Diamond'' by the
Captain of the United .States' Revenue-culler " Mush," and ot a letter trom the Collector of
Customs at \'ietoria, toL^etlier with the affidavits of the ma>teis of tiie two vessels.
I have, ;ve.
(Signed) STANLEY OF I'RHSTON.
Incloi^ure 2 in No. 222.
Ill jiurl of (I Comiiiiltre of llir I Iniiiiiiroldc llir I'rini Council, iipprfrcit hy his Etcelleiiry the
(iovrnior-dtiiijdt ill Council, on Ihr 22/i(/ .liiijiisl, I S89.
OX a lleport dated the HUh August, 188',), from tiie Minister of .Marine and
li>lienes, submitting;, in reference to t!-.o seizure in the IJeliring's Sea of the .schooner
" Kiaek Uiamond '' and the bo-;rding of the schooner " Triumph,' the original instructions
L-ivcr, to the special ollicer placed by the Captain of the United States' iiev(;nue- cutter
"l!;ish"on board the " I 'hick Diamond " at tli' tinieoftlR' hitter's seizme. anri also a
liMiT Irom the Honouialilr W. ilaudey. Colleetor o( Customs at \'irtoria, British
Ci)lmnliia, together with the following' allidavits : —
1. Allldavit of Owen Thomas, , if Victoria, Brlli.-ii Columbia, master of tlie firitish
soajing >ehooner " Black l)i inuind."
2. .Mlidavit of Daniel .McLean, of \ietiiiia, Briiisii Coiumbia, master of the British
seiiliiit; schooner " Trium])h,"
The Minister recommends that cotii">' oC th"^ iiu'l'uni'ps herewith be immediately
liirwarded, tor the information of Her .Majesty s (lovernnu'nt.
Tlie ("ommittee concurring ailvise that your Bxceilency he moved to forward this
310
Minute, toirctlier wifli copies ol tlip ircloj'.ivc;, to the Right llonourabli.- tlie Secrctiiiy ol
State Cor tlie Colonies.
All nf'wliicli is lesiicetfullv suhiiiitted,
(Signed) JOHN .1. McOKE,
f'Irrh, Prhii Council
fnclosure 3 in No. 222.
Captain SIif';iar(1 lo Mr. Haiikanson.
United t^lalcs' Revcjiuc-slcrimer "Rush," lii'hrirKjK >SVh,
Lat. 5f)° 22 A-., Lorn;. 17(f 2:7 W.,
Sir, July n, 18S9.
vol' lire hereby appointed a special officer, and directed to proceed on board the
schoonci' " I'laeiv Diamond." of Victoria, Hritisli C()linnl)ia, this day seized for vinlatiuii of
Law, sei tioii I'J I'i Revised Statutes of the United States, and assunn' eliavije of said
vessel, her ollieers and crew, twentv-five in number, all told, excepting: the n;ivii;atioii of
the vessel, which is reserved to Captain Owen Thoinas. and whieli you will not interfere
with unless you l)ceonie convinced that he is ])roceedinK to some other than your port of
destination, in whijii event you are authorized to assume full charirc of the vessel.
Everytliius i)ein,t; in n'adiness, you will direct Captain Owen Thomas to make the best of
his way to Sitka, Alaska, and u])nn arrival at that port you will report in person to tlie
United Slate.s' District Atlovney for the district of Alaska, and deliver to him the letter so
addressed, the sehooiur " Black iMauiond." ot \'ietoria, Hritish Colundiia, her outfil, and
the jiersiais of Cnpl un Owen 'I'homas and Mate Alexander (!al!), and .'^ct her crew at
hberty. After beinn relieved of the ])ropcrty and persons intrusted to your care, you
will await at Sitka liie arrival of the " Hush."
I have, &c.
(Signed) L. G. SllliPARD.
Inclosurc 4 in No. 222.
Mr. Hamlcn tn llir Cii.iloins, Quebec.
Sir,
Cv.itovi-linuse, Viclnrin, Auyust I"), 1859.
I I'ORW.'RI) herewith, iu oriiiina', the orders t'ivcn by Captain Shepard, of the
United Statc.i" Hevei.ue-eutter " Rush," lo .). Hankanson, special ollieer, to proceed on
board the Rritish schooner " l?laek Diamond," seized in Heluint^'s Sea. and to take her lo
Sitka.
The master of the aehonnc;- rejiorts lo nic that the indinns mijiloyi d as hunters ia
the schooner would, hi; belitx'ts, have murdered lliuikaiison if an aUeinpt had hi'en made
to take her to Sitka. The master got out of the sea ".'ud sailed at uuee for Victoria.
without any opposition on the jjarl of Hankanson, and I think it is \ery prob ih c that the
orders given him jirivatcly by the Captain of the " Rush '' were not to interfere in any
way with the destination of the vessel. ' lie arrived here on Saiinday evening, the
3rd August; the object of tin' Revenue-cutter was no dcnibt attained in taking her skins,
ritle, and Indian s])ears away, and sending the vessel out of liehring's Sea. Ilcr eeitifi-
cate of registry was also taken awtiy.
Shall 1 give her a fresh certificate ?
I liave, &e.
(Signed) W. IIAMLEY.
Inclosuri' 5 in No. 'J2:i.
In the Matter of the Seizure of the Sealiiig-schooiier "Filatk Diamond" by the United
StatCb' Revenue-cutter " KJchard Hush," on the lltli day of July, 188;).
nepOKifinn of Oucn Thnmii.t.
I, OWEN THOMAS, of the city of Victoria, Rritish Columbia, master mariner, do
solemnly and sincerely declare tliat —
1. 1 am a master mariner, and was at tlie time of the occurrences hereinafter men-
c Pcci'cfiirv 1)1
CKE.
riiji Council
rhrincjs Sea,
W.,
on board tlie
for violatiuii of
uwiio of said
ii!ivii;atioii of
II not interfere
n yonr port of
of the vessel.
\\<V tllC l)e:it of
])tr.-on to the
in tlio letter so
icr outfit, and
;t licr crew at
our care, vou
Sili:PAllD.
jiisi ;">, 1«?9.
'Iic'pard, oi' tiie
', to proceed on
to take l:cr to
d as hunters in
lad been made
•e lor \'ictoria.
oh die lliaf tiie
[iteil'crc ill any
)■ cvciiini,', tiiu
<iii;,^ lii'r skins,
IJcr ceriifi-
HAMLEY.
by tiie United
188i).
311
tioned and still uin the master of the schooner " Black Diamond," of the port of Victoria.
I!riti>h (,'ohimhia.
2. On the 1 1th day of July, a.d. ISS'J, whilst I was on board and in command of
the said schooner, and she beiii^ tiu n on a scalini; (.'Xjiedition, and bcin'_' in latitude ;j6' 22'
north and lonf;itudc l?')' 25' we^t, and at a distant; of about .")5 miles from land, the
United States' lU'veiiue-cutter " Richard Rush " ovcrliauled the said schooner, and, liavin;;
iiailed iier l>y shoiilinir, a c'omniaiiil which 1 could not distinctly iiear, steamed across the
bows ot the said schooner, coinpellinj; her to come to. A boat w is then lowered from the
said eulter, and Lieutenant Tuttle and live other men from the United States' vessel came
iibeard the said schooner. I asked the J^ieutii.ant what he wantid, and on his stating
he wished to see t ■. ship's papers, I took hi.n down to my cai)iii an 1 showed tlicm to him.
He then eommanUcd nie to hand t!ie japers over to him. This 1 refused to do, and
locked tiiem up in my loeker.
At this time there were l.'il sealskins aboard the schooner, "(J ol which had been
salted, and i')') of which were unsalt'd, and Lieutenant Tuttle ordered his men to brini^ u[)
the >l<iiis, and to fake the salted ones on board the " Richard Itush.' The cutter's men
aeeiiidinnly transt'erred all of the; salted skins from my schooner to the "Richard Rush,"
and also took aboard the cutter two sacks of salt and a rilic belongins^ to the schooner.
Lieiitcnaiil Tuttle then aj^ain demanded me to give up the ship's papers, and told me that
it' I Mould not uive fliem up he would take them by force. As 1 still declined to part
witli tliein he signalled to the cutter, and a boat canio otl' with the Mastcr-at-Arnis, who
eaaie on hoard the schooner. iJeulenanl Tuttle a^ked inc for the keys of ihe locker so
that he iiiinht t;et the papers out, and upun my refu-in;; to tiive them to him he ordered
the .\laster-at-Arms to foive open the locker. The Mastei-at-.\rms then unscrewed the
hiii^'es ot' the loeker, tool; out the ship's papers, and haiuied theui to L'euteiiant Tuttle.
Lieutenant 'I'uttle then returned to the " Richard Rush,'' and came back to the schooner
aitain, biini^int; on board with him one whose name I have since licard to be .bhn
'eu
not
go unless he jnit a crew on bi.ard to lake tiie scliooiier tliere
directions to take tlic shii) to Sitka, and gave iiim Lttei
authorities on arrival.
Lieut eiiant Tuttle, before leaviii}^ my scliooner, ordered twenty Indian s|)ears which
were alioa (1 for seahnij |iur|)oses to be taken on to the " Richard Hush." 1 asked the
Lieutenant to irive me a receipt tor the jiapers, skins, Ike, he liad taken. Tiiis he refused
tn do, and he then returned to the "Richard Rush,"' takintj tiie s-.iid spears witii him, and
kaving tile man Ilawkinson in charge of the scliooner. Shortly afterwards the cutter
steamed away, ^uthout returning the ship's papers, sealskin.s, and other goods bcl'ore-
iiientinncd.
.Aflir tiie de|iarture of the United States' vessel, I directed my course to Ounalaska,
liu]iiiii; to meet with an Hnglish man-of-war. We arrived there on the l.^tli day of .July.
.My crew at this time consisted of a mate, Alexander Ciauit, two white seamen, deck hands,
and a white cook, and twenty Indians. 'J'lie Indians, tliinkini: we were going to Sitka,
bi'caiiu' nintinous, ,md told nie the best thing I could do to avoid triuiblc was to take tlie
schooner home. Tiiey also warned tiie other white men on lioaid tiiat il' they tiiouL;ht T
inc.iiit to take tlic scliooner to Sitka, tliey would tlirow us all overboard. Tiiere being no
niaii-oi-war ut Ounalaska I lett tlierc and directed my course to Victoria, and arrived at
that jiort at about 7 I'.M. on Saturday, the ord Aui.:ust last, having on buanl the said .lohi
aitain, bringing on lioard with him one whose name I iiave since iicard to be .LI
Hawkiiison, and who I helievo to be a Quartermaster of the '•Richard Rush." Lie
tenant 'i'uttle tiien told me to take the scliooner to Sitka. I told him that I should n
He gave fLiwkinson
to give to the L'nited States'
Hawk
iiison, who
; the cruize to Victoria, had not tried to give me anv directions, or
iiuide any suggestions as to the course to be taken iiv the scl
Ilawkinson was put ashore by o:ie of my boats
On an
at Victoria
RMll
nie,
.\iid I make this solemn deciara'.ion. eouseientiuusly lieli<:viiig liie same to be true,
tiy virtue of the Oaths Oidinanee, l>S(i'J.
IJeclarcd at the city ol' Victoria, British Columbia, the 7tli day of August, lS8i), before
(Signed)
Eujiiosr V. 15ou\vi;ll,
(Signed')
OWEN TIIO.MAS.
A !\'()tiirii Pulilir for the Province of lirilish Columbia.
iter mariner, do
ereinaftcr men-
312
Inclosnn' C> in iVo. 'J22.
Deposition of Daniel McLean.
I, DANIEL MCLEAN, of tin- city of Victoria, in tiic province of British Columbia,
Dominion of Canadii, bcini;- duly sworu, depose as follows : —
Tliat I am master and ])ai't-o\vncr of the Hritish sehoonci' " Triumph," registered at
the port ol' \'K'toria, Miiti>;li ' 'ohimhia : that, in confovniitv to laws of the Dominion nf
Canada, I ri;:ularly cleared the said sehooner " Trium|>li " for a voyage to the Noitii
I'aeitie Oeta:; and Hehring's Sea, and tiiat, in pursuance of my leiritimate hnsnuss, did
enter the said liehiiui;'s Sea on the -1th d;iy of .fuiy, l^^Sfl, and did in a peaeelul manner
proceed on n\v vova'4e, and i)ein'j: in latitude .")()° Oo' north, lon^dfude 171 -J-V west i)n the
11th (lay of .Itdy, I'^S!). At the hour of S'30 a.m. wiis hailed by Commander of United
States' Kevenue-eutter " lliehard Kusli," the said l<(!venue-eulter heini; a vcs>el Ixdonuin;;
to the (iovernment ol' the I'liited Slates and regularly commissioned by the same; a lioal
having been lowered hy otiicer and crew, I was boarded by tlie s;unc, the officer in
cliarsre of the boat hein^' one [lieutenant Tuttle, who demanded the ofHeial jiapers of aiy
vessel, and, after readini; the san>e, proceeded to search my vessel for seals, and tindinj; no
evidence ot' the siune informed me that orders had been issued hy tlu? Secretary of the
United States, under the I'roelau'atiou of the I'rejident, instructing; the ( 'otiiiii;'.iulint'
Officer of file said Revenue-cutter " Kush '' to sei/:e all vessels found sealim: in r)ehrini;'s
Sea ; he also told me that shoidd he anani hoani me and find sealskins on board, that he
would seize inid eonliseate the ve-sel and catch ; he furthermore informed me that he had
already seized the Uritis;; schoonei- " UlueU hianiond'" of' Victoria, Uritish Columbia, and
that shi' had been sent In Sitka, and that, therefore, by reason of his threats and menaces,
I was caused to foreti-o my lei;itimate and peaeelid x'oyage on the liigli seas and return to
the port of my departure, cuusiui: serious pecuiiiary loss to myself, crew, and owners, for
whieli a claim will be formulated and forwarded in due course.
And i make this soleiim aliida\ it. conscientiously helieviui: t\\v. same to be true, and
by virtue of the Oaths Ordinance. Jsfili.
(Si,L;ned) DANIEL McLEAN,
Mdylcr iif Si-lionni'r " Triuiiipli."
Sw(n'n before me this Sth August, IShiJ, at Victoria. British Columbia.
(SiLMl'dt (hx>. Moitiso.x, ,M'.,
A .Jimlice of llir I'curi' fur tlir I'luriiifc (if Jirilis-li (Joluinliid,
No. -SSd.
Cnloriiiil Office I'l l''niri(/n Offiie — {Received Septewlief 12.)
Sir, Dnwnimj Streel, Heplcmhcr 10, 1889.
LV reply to yom- Utter ol the iifh itistant, 1 mn directed by i^ord Knutsford to
acquaint you, toi' the iniorniation of the Maivpiis of Salisbmy, that the (iovcrnor-General
of Canada ha>f(>-dav been reipiestcd to send iuimediatc informatiou if any further stojipage
of vessels takes pl.aee in Hehriiig's Sea.
I am, &c.
(Signed) JOHN BllAMSTON.
.No. 1^24.
Cohnifil Office III luireii/n Office. — (Received September 14.)
Sir, Doicning l^itreel, September 13, 188!).
I A.M diiected l)y the Secretary of Stale for the Colonics to transmit to you, for
conmumiealiou fn the 'iarcpii^ of Salisbury, with reference to previous corres|)ondenec, a
copy of a icleurair. from th.e (io\eiuor-(iencral of Canada, containing infornait.oii in
respect ol the recent seizures in Behriug's Sea, and stating that allidavits were biiiiig
forwarded .
I am, &e.
(Signed) ROBERT G. W. HERBERT.
Inclosure in No, 224.
Lord Stanley of Preston to Lord Knutrford.
(Tck'firapliic.) {Received September 29, 1889.)
SIvlZUKKS of British vessels in Reiiring's Sea.
" lllack Diainoml" seized 11th July; " Minnie," 15th July; " Juanita," 31st July;
" Patlifiiider," 27th August; "Triumph" warned olF, hcing tiireateiied with seizure,
Iltli July. Official information recently received at Ottawa respecting " Minnie,"
"Juaiiitii," "Pathfinder." Affidavits being forwarded. Seizure of "Lily" reported;
aiiidavit when received at Ottawa will he forwarded. Seizing officers removed skins,
;imiiuiiiition, arms, and ship's papers.
No. 225.
Colonial Office to Foreign Office. — {Received September 14.)
(Kxtract.) Downing Street, September 13, 1889
WITH reference to your letter of tl'.e 2nd instant, and to previous correspondence
respecting the seizures of Canadian sealers in Behring's Sea, 1 am directed by Lord Knuts-
I'ord to tran.sniit to you, for communication to the Manpiis of Salisbury, a copy of a
telegram which has been sent to the Governor-General of the Dominion on the subject.
Inclosure in No. 225.
Lord Knutsford to Lord >itanley of Preston.
(Telegraphic.) Downing Street, September 6, 1889.
illCR .Majesty's Government communicating with United States' Government with n
view to preventing further seizures in Behring's Sea.
No authentic and detailed information received as to seizures during the present fishing
sensoii.
Appeal in case of 1886 seizures might be expedited by motion on meeting of Supreme
Court Octoiier, but case could not be heard till spring.
No. 226.
Mr. Edwardes to the Marquis of Salisbury. — {Received by telegraph, September 20.)
(Rxtract.) IVashingtnn, September \7, \889.
ON' the nth instant I had the honour to receive your Lordship's telegram
informing me that it would be better that I should write privately to Mr. Blaine, saying
Ihiii IlcM' Majesty's Ciovernment were earnestly expecting an answer to their reipiest that
the United States' Government would send to Alaska such instructions as would put
I stop to the seizures of British vessels, the reports of which seizures were causing much
ixciti'incnt both in Kngland and Canada.
I now have the honour to inclose herewith n copy of the private letter which, in
iucordancc with the terms of your Lordship's above telegrams, 1 addressed to Mr. Blaine
on the 12th instant.
Inclosure in No. 226.
Mr. Edwardes to Mr. Blnine.
(Personal.)
•My dear Mr. Blaine, Washington, SepUnnher 12, 1880.
1 SHOULD be very mut;h obliged if you would kindly let me know when 1 may
wpect an answer to the request of Her .Majesty's Goverunient, which 1 had the honour of
Miiimunicating to you in my note of the 2-lth August, that instructions may be sent to
Alaska to prevent the possibility of the seizure of British ships in Behring's Sea. Her
Majesty's Government are earnestly awaiting the reply of the United States' Government
[li!8] / o ^ g
81^
on this subject, as the recent reports of seizures havinL; taken |)laco arc causing; tnuch
excitement both in England and in (/'anada.
I have, &c.
(Signed) iJ. tJ. KDWAllDKS.
No. 227.
3fr. Edwardes to the Mi^rifuis of Salisburi/. — (lirrdred September 30.)
My Lord, U'dshinyton, September 10, \HH[).
WITH reference to my despatcli of tiie I7lb instant, I iiave tiie honoui' to
incloRP liercwitb to your l.oid.-liip a copy of a note which I have received from the
Secretary of State in re])ly to my personal n^te of the 12tli instant, in which I ini|uiicii of
him when I might ex|)cct an ai'sucr to the rcipicst of Her Mnjrsty's (iovernnient that
instructions may be sent to Alaska to jircveiit the [jossibilily of the seizure of liritiili
ships in Hehring's Sea.
iMr. IJiaine states that he had supposed that his not of the 2-lth August, co|iy
of which was inclosed in my despatch of the 2(Jth August, would satisfy Her
Majesty's Government that the President was earnestly desirous ( f coming to a friemlly
agreement on all matters at i;sue between the two (lovernments in rcli'.tion to t!ic
Bel'.rinir's Sea, and that he had further su|)posed that my mention to hi'n that Sir Jiili,iri
Pauneci'ote would be oflieially inslrudcd to ]iroeeed, on bis return to Wasbinijton, ti a full
discussion of tlu' (luestion removed all necessity of a preliminary correspond! iiee toueliin;
its nicrits.
Mr. lUaine then goes on to say that, with reference more patieularly to the (piestion
to wliich I had informed him Her Majesty's Goveniniciit were expecting a reply, a
categorical response would have bccii and st'll is impracticable, unjust to the Unite!]
States' Government, and ini^lcadim; to Her Majesty's Govermnent, and that it was tliercfore
the judgment of the President that the whole (pi".>tio!i could more wisely bi' remanded to
the formal discussion so near at hand, which 1 lir Majesty's (iovcrmnent have proposed, aiii
to which the United States' Government have cordially assented.
'I'he Secretary of State conclude* by statini; that he considers it proper to add thit
any instruction sent to I'el ring's Sea at the time ol my original ie(|uest, namely, the
24tli August, would have failcii to reach those waters liefore the proposed departure ol the
vessels of the United States.
I have, &c.
(Signed) H. G. KDWAKDES,
inclosure in No. 227.
Mr. lilaine to Mr. lidirardes.
Sir, linr llnilinur, Maine, September 14, 1889.
I HAVE the honour to aeknow ledge the receipt of your personal note ol the
12th instant, written at Wasbiniton, in which you desire to know when you may expect
an ansiver to the reepicst of Her Majesty's (iovernment " that instructions may be seiittJ
Alaska to prevent the ])e!.sibiliiy o( the seizure ol l!riti>b s'.iips in Hehriiig's Sea."
1 bad sU])posed that luy note ol the '21tli Au:iust would satisfy Hir Maje-ti's
Government of the President's earnest desire to con.e to a friendly a;,'reenicnt touebiiis; all
matters at issue between the two Governments in relation to Bcbring's Sea, ami 1 had
further suii|)osed that your mention of the oflicial iiistruetion to Sir .(. Pauueelote to
proceed, immediately alter his arrival in October, to a full discussion of the qUL'Stion
removed all necessity of a prclin.iiiary corrcspondeiice touching its merits.
Ucfenim; more particularly to the (|U 'stion to which you re|)eat the desire ol yom
Government lor an ans'Acr, I have the honour to inlorm you that a categorical response
woidd have been and still is iinpiat'lieablc, uiiju-t to this (iovernnient, and misleiuliiii; 1«
the (iovernment of Her Majesty. It was tlierelire llic judf^iuent of the President that the
whole subject eoidd inorr wisely be remai:de(l to the tornial (iiseussion so near at liaiiA
wliicli Her Majesty's (ioveinmeiit has propo-e;:, and to wliieii tlic Governmer.t of thf
United States has cordially assented.
It is proper, however, to add that any instruction sent to Uehring's Sea at the tiincol
SIS
voiir oiiiiiii'il it'ciut'st, upon the 24tli .Auiiusl, woiilil liuvu (iiilud to rcacli lliosu watei's
belori' ihr |)i'o|)iis(il dt'iuirtiirL' of tlio vussi'ls of the Uiiitcil Stiites.
1 Imvc, &{•.
(Signc.l) JAMK-; G. IH.AINK.
No. 228.
The Marquis of Salis'huri/ to Mr, Kdirnrdcs
l.N my (Icspalch of tlic 17tl) Au2;iist I
Fnrviijn O/fici; Orlnbcr 3, 1889.
irnished you with copies* of a eorre-
.iiiDiKliiici.' which had i)as-;ed hutwccii this Dc'|)artint'iit and tiic Colonial Oflicc, on tiio
suliji'ct of tiic siizuic of llic Canadian vcJisels " lijack Diamond" and "Triumph" in tho
jkl'irintr's Sea i)y the United States' Revenue-cutter " Rush."
I have now received, and transmit herewith, a copy of a despatch from the Covernor-
Liciural oi Canada to the Secretary of Stale tor the Colonies, t which incloses co|)ics of the
iiistiuctions ^dvcn to tlie special olliccr jiiaccd on hoard tiie "Black Hiamond" hy the
Olliccr CDinniandin;; the " Rusii " and of a li.'tter from the Collector of Cu,-toui.s at Victoria,
tiiLTClhcr with the swoiu alhdavit.s of the masters ot' the two Canadian ve-sels.
It is apparent from these affidavits that the vessels were seized at a distance from
liiiul till- in excess of the limit of maritime jurisdistion which any nation can claim by
intci national law.
'i'lic cases aic similar in tins respect to those of the ships " Caiolinc,'' "Onward," and
"Thornton," which \\n\- seized l>y a vissel of the United States outside territorial waters
in the sunmier of 1H'^7. In a dcspatcii to Sir I,. \\\st dated the 10th Septenilur, 1887,
wliich uns ccnnnuinieatcd to Mr. IJayard, I drew the attention of the (Jovernment of the
United States f(i tiie illegality of these procecdintrs, and expres-ed a hope that due compensa-
tion would he awarded to the sulijects of Her Majesty who had sufl'ered from them. I
Imve not since that time received from the Government of the United States any intima-
tion "f their intentions in this respect ov any explanation of the ;;rounr!s njicai which this
interference with the J?ritish sellers had hecii authorized. Mr. Bayard did indeed
coiiununicate to us unoflicially an assurance that no further seizures of this character
should take place pendinj: the discussion of the ipicstiou- invidved hetwcen the two
(loviTiiMicnts. Her Majesty's Government much retrret to tiiid tliat this understanding
ha- I'.dt liceu carricii forward into the present year; and tliat instructions hav.' I)ecn issued
to cruizers of the United States to seize liritish voscis tishiitr for seals in IJchriuir's Sea
outside tlie limit of t'Tritorial waters. The grouiuls upon which these violent measures
have l)cen taken liave not been communicated to Her .Majesty's Govermnent, and reuuiiu
still imexplained.
!)Ut, in view of the unexpected renewal of the seizures of whicii Her Majesty's
Government have previously complained, it is my duty to |)rotest against thciii, and to
state that, in the opinion of Her Majesty's Government, they arc wholly unjustified hy
iiitcnirttional law.
I am, &c.
(Signed) SALISBURY.
Sea at tiie timcoi
No. 22<J.
The Marquis of isalislniry to Mr. Edwardes.
>^ir. Foreign O/ficc, Oclolicr 2, iSS'J.
A I' the time when the seizures ot JJritish ships hunting seals in lieliriui^'s >ca during
llif Nuar.-- l^bti and 18s7 were the subjects of iliscusMion, the Minister of the United States
made certain overtures to Her Majesty's Government with respect to the institution of
a close lime lor the seal fishery, lor the purpose oi preveutiug the extirpation o*' the
species in that part of the worUi. Without ni any way atlmittiii!; that considerations of
tins onier could justify the seizure ol vessels which were trausgrcssint; no rule ol iiUei-
iialiDMal law, Her Majcsl\'s Government were \er\ ready In agree that the subject was one
ileserviiii; ol the f^ravest attention on the part of all the Governments interested in tliose
waters.
Tlie Russian Governuicnl was disposed lo join m the proposed negoti.itions, but they
were su-pcnded lor a time in coiise(juenee of objections laisid by the Dominion of Canada,
• Hos. 202, a03, and 204.
[128]
t Ho. 222.
2 8 2
316
and of doubts thrown on the physical d.itu on which any restrictive legislation must have
liccn liiihcd.
Her Majesty's Govcrnnunt arc I'lilly scnsii)lc of tiie importance of tills (juestioii, and
or the yreat viilue \\liicli will attiich to an iiileriiationa! aj,'recnient in respect to it; aDil
Her Majesty's Representative will he I'urnishcil with the recjuisite instructions in cnse il.c
Scerutary of State should he willing to enter upon tlic discussion.
Von will read this dispnteh and niy previous despatch ot the same date to th( Secre-
tary ot' !^tate, and if he should desire it you arc authorized to give liini co|)ie8 of them.
I am, &c.
(Signed) SALISHUKY.
No. 230.
The Marijiiis of SnlLibury lo Mr. Edivardes.
Sir, Forciijn Office, Ovlubrr 3, 1889.
J JlAVM'j received your liespateh of the 17tli ultini, and I have to iaforni yoii
that i ajipiuve !hc tertns of your letter to Mr Bliune, in(|uiring when ii reply might Ik
expected to the rcipu'st of Her Majesty's (iovernm''nt that instructions iiiiglil lu' ^tvl d
the Alaska authorities to jjrevent thc_ |)(;ssibilily of further seizures of IJrilish sualin?.
vessels in Bchring's .Scu.
I am, &c.
(Signed) SALISBURY.
No. 231.
Coloitiul 0/fice to Foic'ujn Office. — {Received October 5.)
Sir, Dniiniti;/ Street, October 5, I88!l.
1 .\M directed hy Lord Knutsford to transmit to you, to hi; laid hcfore the I\lai'(|uis o!
Salishurv, a copy of a letter from Mr. T. U. Clarke, inclosing u Report of a mcelini; at
Victoria, I^ritisli C.'olundiia, held to protest ai;ainsl the seizure of British sculing-vesscis in
]k'hrii|i;'s Sea, and adverting to the case of the " Juanita."
I.ori' Knutsford would he glu 1 to be iiitbrmcd what answer Lord Salisbury wishes to
be returned to Mr. Clarke.
I am, &e.
(Signed) JOHN BRAMSTON.
Inclosurc I in No. 23L
Mr, Clarke lo Lord Knutuford.
My Lord, Ili(/li(jale House, Kllsbi/, RxKjbu, September 24, I8?9.
I BEG to call your attention to the Report of a meeting headed " A VisoroiL'
Protest," in inclosed Victorian (British Columbia) paper, referring lo the seizure of Hii'i'li
sealing-vesscis in the high seas.
Also to the notice, marked on p. A, lelcriing to the robbery of (J20 sealskins Ircif
the " .hianita," of which vessel ni) brother is captain and part-owner.
As the ves.sel was 80 niiiis liom land at the time of the seizure, I, on my hvothef
Lehalf, beg rttpeclfully to ask whether Her Majesty's Government is taking steps n
prevent these illegal seizures, and also to obtain compensation for those who sufff
thereby.
Your kind attention and advice will oblige.
Yours, &c.
(Signed) T. U. CLAHKi:.
(diini
"Illy
place
1111(1
CUIIhC!
ha'l
any m
Mr.
juiixiii
h'diii
airaiiist
lli^plltl.
State.-,
(Jrcat
juiihdii
of the
castci'i
At tlii>
the ea.'
hi 187
|ii'o.\iin
(I'llVCI'l
twenty
111 I Ik
llirinig
Sea Wo
817
on must have
I3RAMST0N.
JO sealskin!- froi"
Inclosure 2 in N'o. 231.
E.tti(irls frniii llir " I'irlniin DiiHi/ Co/o)i/.s7 " of ^ejitembor I, 1889.
A \'i(ioi!()ts I'i!(i'i'i:si. — A Ccw cvpiiiiiL"* iitto, n mcTtini; w.is Ik'IiI nt th(! office of
Messrs. ihill 1111(1 (i(ic|)il of tliii^i' interested in tlie sciiliiiic iiuliistry, iiiul a f'oiiiinittue of
five wiis ii|i|)oiiite(l to make aii/inminents for ft puhlic niectint; iif wliieh the voice of the
|ii'(i|il(' of Nictoriii could he liciiid in refcrc'icc to flic recent sci/.iiic of hritisli schooners
sealiiii; in liehrin,u;'s Sea.
The ('oinmitfcc consulted with Mayor (!n>nl, and a mass meeting was duly adv(!rtised
ti) he held af the City Hall last evciiiuL,' lor the purpose referred to.
liy H o'clock, lit which hour the meeting was culled (iir, every seat in the City Hall
was taken, and dozens of deeply-interested citizens weic compelled to stand. The mcetini;
was thorouvchly representative, there hein;,' present all the Icadin;.; husiness men of Victoria,
vessel ownei's and practical senlini,' men, while amoui,' the ino-t prominent men present
were to he noticed the Ilonouralile .loliii Kolison, K. Crow Baker, .NJ.P., Lieutenant-t-'oloncI
i;. (1. Prior, M.P., the lloiioinalilc KoI.ert Heaven, .M.P.I'., D. W. IIif?gins, iM.P.P.,
S, Duck, .M.IM'., Mayor (Jrant, Koliert Ward, President of British Colunihia Board of
Trade, Captain .'. I). Warren, Iv 15. .Maivin, NV. .Munsie, .1. H. Todd, Morris Moss,
('. Slroiiss, (^aptain William Cr.iiif, Captain I'larkc, iC P. llithet, and very \n\v others.
Upon motion of the lioiioiiiahle .Mr. Beavijii, seconded hv .Mr. K. iJrow hiker, M. P.,
ayor (oant was reipiesfcd to take the chair, which he did at 8'l ;") I'..M.
His Worslii|), in openiuj; the meeting, said that the matters for the discussion of which
meeting; was called had always possessed a deep intere.->t f"or him. In the early part
ot l.''H7, he had had the honour to move in the House for the snl)mission to the Uominion
Covciiimcnt of a proposition for suhmission to the Im|)erial (Joverniiieiit in rcijard to the
pi'oteetion of I'lritisli seainii; interests in Behrinif's Sea. His motion had heen carried
without adissciitiu" V(jicc. In iS--K he had made another projiosition throutrh the House.
Tills pidposltion provided that the individual iriteret-ts should not he allowed to sufTer by
the neulineiice of the Covernuieiit in settlinL' this question. He had always been very
anxious to sec an early settlement of the Hehrinu's l»ea (picstion. Without further
|iiitacc, he would call on Mr. Kdgar Crow Baker, .M.P.
.Mr. Baker expressed jiieasure at heinsi c.dled on to strike the fiist blow. Jt 'vas a
a tiiallur, he said, tiiat eoiieerncd nol only the individual, Init the enliic province, the
(luiiiiMdu af laij^e, and the whole British Ilmpire. The matter was one desei vi'i^j; of con-
sideration, not only because it toucheci the individual pnekets .ind the province our
liiiiiie, hut because it touched oiii' hearts. Tiic view taken by the pec/ple oi Biitish
( olunibia was that the f;rand old llau; that they had learned to love from infancy had not
only been insulted, but bad lu'cn trr.mpled in the dust, (.\pplaiisc.) It was proposed to
place everything; in connection with the l!i-hrin!;'s Sea (|uestion before the meetiiii? truly
and fairly from the very start, and to let the citizens of Victoria express their cahn and
eouseientious o])inion upon then:. After referring but briefly to the various Treaties that
had been made by the United States and Canada, which were not, however, entered into at
any great length, as they affeeted moie iiarticularlv the fisheries on the .Vtlautie seaboard,
.Mr. Baker pointed out how, as far back as 1S20, wlien Russia owned Alaska, and claimed
jarixlietion not only over the ."S-mile limit about its coasts, but also over the sea 1(!U miles
lidiii land, the United States' Secretary made a very vigorous protest at St. I'etersburgh
a;;aiiist the contention (d' the Russian Covernmenf. The Biitisli (Jovernmei,'. also strongly
disputed Russia's claim, and the result was that in iH'24 a Treaty was made with the United
(States, and in 18"2r) one with Great Britain, wiiicb showed bow the two great nations,
Great Britain and the United States, joined issue with Russia when she set up the claim to
jurisdiction over Behring's Sea, and contended that it was an inland sea, and not a branch
of the Northern Pacific Ocean.
On the 'iOlh ,)unc, 18117, the U'nited States purchased the territory of Alaska and the
eastern halt' of liehring's Sea from iiiissia, paying therefor the sum of 7,200,000 dollars.
At this time, the Russian GoveriMiient gave them what they claimed to be a clear title to
file eastern half of Bebrin;;'s Sea. If that title was bad the tiiull is not ours. (.\|);dause.)
Ill 1870 the United States' (jongress passed a measure i)roliibiting the killiiiu; of seals inclose
pii).\iiiiitv to the Islands of St. (Jorge and St. Paul. Shortlyaftcr this, the United States'
(jdvermnent leased to tlu? .\laska Commercial Company the exclusive right to kill seals for
twenty years, in consideration of the sum of r).j,000 dollars pr annum, and certain royalties.
In the early part of l^-'S!) an Act was passed, by some elaimcil to have been smuggled
lliiough Congress in a rush, proclaiming not very delinitely that intrusions in Bebring's
Sea would not be allowed ; and containing a sweei)ing clause granting the President power to
318
(leal with matlers in connection with sialiiii; hy proelamatioii. I'owcm' of a very indelinitc
kind «as also ^ivcii in rc^'anl to ijiviiiij iiisliuctioiis to tlic United States' eiittci's. Aiiu'res-
sivc aieasure.s wen^ first taken in ISsfl, when Mr. T. I,ubl)e wrote to liim (Mr. ISakcr) al
Ottawa, inl'orniinu him that the IJritish interests were endangered. .Mr. Liil)!)e's 1'';^
was laid belore the (jovernor-(ieiieral in Conncil, and the matter was ]iroin[)tly iiliiwtj
before the Imperial (Jovornment by the IViminion Cabinet. 'I'lie .Minister oi' Justiee ut
this time gave his opinion in favour of the IJritisii Coimnbiaii sealers bci'li t i .Mr. Baker
and to the Imperial Government, pronouneiiiL; the action of the United States ilieiral, and
urging upon the British Government the necessity of taking definite action at once to
protect her interests in Hvilish Columbia. This was tliree years and a-half'ago, and it was
most mortifying to thii-.k that this time siionld have elapsed liefore any decision wasreaclied.
The actual seizures connnenced in 1880, wiien tiirce schooners were taken possession of,
along with their fittings and cargoes, and sold. The crews were cast on their own
resources in Alaska, and the masters and mates were not only lieavily fined, but im|)risone(ias
well. Matters of losses veie expecte<i by every one in business ; l)ut every Hntisli
Columbian felt that he was [)rotocte(l by the Hag of Kiiiiland, under which many present
were born, and thought it strange that he was nut sheltered by the Hag whose pniteetioii
he had a right to cxi)ect. In 18S7 r.othinLC practical wa^ done, and no restitution was made
In 1887 the number of seizures was doubletl, six schooners being taken possession cit'.
Coming to the present, in I8S8 no seizures were made, and there was every reason tu
believe that the seizures would be discontinued. The Dominion (jovernment had acted
as promptly and as eiiergetically as they |)o^sibly could. They had placed all matters
promjitly and rightly before the Imperial Governi:ient. It was therefore easy to see where
the responsibility rested. It was impossible foi- the (Jovermnent of Canada to protect its
citizens outsiiic of the coast limit of ;. mai'ine league. When the citizens ot lh-itish Coliunbia
eailed for the northern seas they passed beyond the proteetinu of the I'ederal (ioverniiieiit.
fondly hoping that wherever they went they were protected by iIh' old flag of lOngland.
Mr. Baker proceeded to read an amount of correspondence in lel'erenee to the apptal
fur protection made by .Mr. Morris Moss for the Biiti.>h Colmnbia sealers on .^tb March.
1888, which the Minister of Justice replied to liy saying that it was to (jrcat Britain to
whom thi^ sealeis should look for (jroleciion. file Dominion Govennnent could not
send armed ships on the high seas to protect Canadians.
On the 28th July of this yi;ar the schooner "Triuinph"' airived in ])ort, and hir
captain brou-ht I'.ie news of his being boarded by Lieutenant Tiittle, ol the IJuiteil States'
cutter " Iiiciiard Kusb," and warned by him that il he was ibund in Behrinii's Sea fishiiiit
or hunting for seals, not oidy would his catch of seals be I'orf'eited, but his vessil and
equipments wajiild be confiscated, and ^ent with a jnize crew on board to an American
port. The "Tr'mnph" also brought news of ihc' capture of the "Black Diamond."
Immediately afterwards, on the following day, he (Mr. Baker) had telegraphed again to
the ilinistcr of Marine and l''ishci ies, asking him if il was not jiossible to .secure .sonii.
protection f()r the twenty other British sealers m Behring's Sia. The steamer " yardony.v "
was going north with coal for Her .Majesty's war-ships, then in the north, in a lew day.-,
and it was suggested that instruction could be sent to thctii by the Imiieiial (jovernnniil
to protect the British sealers. An answtir was received that the nnitter would receive
immediate consideration.
Having reviewed the whole history of the sealing (incstion, .Mr. Baker expressed tin
belief that all |)rcsent could se(^ for themselves fiow outrageous it uas fiu' ativ (ioveriiMiPnt
to arrogate to itself the exclusive control of a great body ol' water such as Behring's Sea
was- — 7(11) nnles long from north to south, and !)()U miles wide. The desire of the scalers of
Victoria was, first of all, to secure a ituarantee that the seizures would be stopped. Tliey
had also a reasonable right to expect compeiisution for the losses already sustained, aiul
without f'urther delay. They, further, wished to be secured in their right to [ironecute the
deep-sea fishing, of which tur-sealinji was a branch. He would conclude by mo\ iiig the
following Resolution : —
" Whereas in the year 188(5, b\ order oi the fiovernment of the United Stale-,
claiming exehisive teriiloiial jnriMliction ovci' the whole of 1)1 bring's Sea, eastward of a
line drawn lioni about the middle of' Behring's .'■^tiait .^onlh-wesl ward till it crosses lln
I'Jiird meridian ol longitude, (hicc British vessels, while lawfully engaged in huntmg eid>.
were seiztii in that sea at distances of fiom b.') to 70 miles from the nearest, land ; and
" Wl.enas after jjrotest by the Biitish (iovernment against such seizures, the Govern-
nient of the United States ordered the unconditional release of ihe said vessels; and
" Whercis by such a ccnnse the Uniti'd states' (iovernment iiraclieall\ .idmittul the
illegality of the seizures, and kit it to be interred that no further seizures would be made;
and
819
" Whereas in 1P87 it apain resorted to the seizure of scalint^-vessels in Behiing's
Sea milsidc the .'i-iniln limit, and at distances from 15 to 02 iriilcs from tlio r.ecrest land,
six vessels helonijinii: to our citizens were seized by its orders and aftc!\vf.rds dcclurcU
forfeited to the United States; and
" \\ iiei'eas in the following: year, 1888, scaling-vessels belonging to our citizens agaia
entered I)ebrin>;'s Sea, and took seals Ihrouuhont the season without molestation by the
IiM'ciiiic-eutters ot tlu: fiovernmeiit of the L'nite'l Stite-:, which had dibtinctly that year,
liv its instructions to the coinman(i(rs ol its cutters in Behring's Sea, ordered that no
sci/.in'cs of sneh vessels be made; and
" Wheicas in the present year seizures of IJritish sealin;4vessels belonging to our
citizens have again been made, ])ractically in mid-ocean, in Heliring'.s Sea, by order of tiie
(iovernnient of the United States, the vessels robbed of sealskins on board, and arms and
^iininunilion :
'• lie it tlu relore resolved, that the citizens of" Victoiia protest against the usurpation of
iini-(iicti(jn by the Go\einiuent of the United States over the waters of Beliring's Sea,
outside the universally ackiiDwIc^dL'cd .!■ mill' limit, and exfil'i'ss their iriflii'iiation at the
re|ii<itcd outrages to wliieb the persons and |)inperty ol tlieir fillow-citizens, lawfully
exercising t' eir rights on the hi^li seas in that part of the globe, are subjected by the
iiidcrs of the (Iovernnient of the United States."
Lieulenant-Ci.lonel I'rior, M.l'., was called upon to second the U<\solution. lie was
very ;,'lad, he said, to do so. He considered the conduct of the United States in the matter
of seizing vessels on tlie high seas the most oiitraircous that C(;uld be thought of. There
was i:o necessity fur nvievvii g the question the jjresent nieetinc '.v.is called to consider. It
li;id been fully u;one into already. The (juestion was, wiial ris^lit had the American
Govi rinncTil to seize our sealei's !
A \'(iice I'rom the audience.— No right.
Colonel I'rior, continuing.— That was just the an-<wei' I was going to make. The
press o( both countries says they had no right. The mo.-t important papers of the United
.""lales sav that the Aim lican (iuvcrmnent will have to back down in their contention.
The Kiissian (iovernnient, by Treaties with both the United States ami Canada, zave up
their ell im to jnri'^diction over llelning's Sea in 1S,':">. How then can the United Slates
cl.iim to have puiciiased their jurisdiction from Russia? Tlie great majority of Americans
acknowledge that the claim advanced by their Guvernment has nothing to rest on. Who
I- 1(1 hlaoie then for not slopping these illegal seizures? The Dominion (loverninent are
net to liiame. They have dune all in their power. When the news of the first seizure
lliis }ear reached na-, 1 wa.s in KaM.hiop>. I at once leleuraiibed to Ottawa, and expressed
liie liope that the lni|ierial (jovernment v.oulil give Adniind lleneaire orders to retake the
captured vessels. The " Caredine " liad orders to do this in l's,S7, but for some reason
was recalled. If in 1887, why not now y If th,; I'.ohring's Sen (iiiestion is purely one of
jurisdiction, why does not ll e American Government allow its own sealers to tisli and bunt
umnolested ? It is not the reason. The L'nited States' Government is trying to bolster
up a i;iant nionoiioly — the Alaska Conimercial Coin|iany, who by tender ac()uired a lease
ol' sealinir riubts on the Islands ol St. (jeor^e and St. I'aul, the bretiiing-;.:i nds, for
twenty years. 'Ihe true reason lor their aetiun is that the American (iovernmen'. is afraid
to lo.se the .'iU"',()()0 dollars paid tlieni am ludly by the .Maska Comnierciai ' ompuny.
Governor Suinelord, of Alaska, has (jondiinred the Com))any as the -create I and worst
uioiiopiily in .\nuiiea, but, as he says, it has its agents alwavs at \\'ashington to puil the
strings in its inteiest.
riiis is the last season ol tiie C'o.npany's lease, and there is no knuwing what the
("nxermnent piopose to do next. This year, when we first heard of the outrages in
liehring's Sea, he had thought, .uid he was not the only one on the Hour of the House of
Coil inons who had thought the same, that it would not hv poor policy to send the Ihitisli
licet into ik'bring's Sea to prolcit the inteivsi i of ('una lians. If Kratice set up a claim of
junsdiclioti over siniie particular part of the oc.'an, an I seized a (irruian sealer thci'cin, do
}nu think tiiaf it woul I have tal^l•^ thn c years to settle the (|uestion '! I'ossibly, liut th'-y
would III,' three very had \cars for so'ne one ! (Cheers.) if Beaeonslield had lived, would
il have taken IJiglaiiil three years and a-ball'te; seftk- this ipiestion ? No! (Cheers.) He
liiid pleasure in seconiling the' Uesolutiein introdueeel by his ceillcague.
The Re'solntion was carried unanimously, with ''beers.
The' Honourable .Mr. Heaven was the next speaker. He toucheel upon the varie)us
liiilies dealing with Ik'bring's Sea, and relerred tei the niamu'r in which Hritisb suliiee'ts
Were laiiyht, that thev were piote'cleii by the lla;_' eif I'lnnl.ind while an I whereve'r they wei^
I'liiiiiiMJ m a lawful calling il.e actiein ol the Unitcel States was contrary to intcruatieinal
linv. It bael been so prmionnced by the i're'inier eif haigland anil a heist of' Uuiiexl Stites'
320
anthonties. He thought matters should be nt once referred to arbitration, as there could
be no dis|)uting the lethality as well as the justice of the Canadian claim, [t was true that
Canada had suffered in \y,\st arbitration with the States ; but still, arbitration was far
preferable to any other method in tlic settlement of existing (lis])iites. lie proceeded to
review the value of the sealiujij fleet and mdustry to the province, an<l exjjlain the dimen-
sions it might assume if the present difhculties were settled. From a dollar-and-cents
point of view, it was necessary that action should be taken at once. He beir^ed to move
the followini; Resolution : —
" Resolved,— Tliat, as loyal British subjects, we resent the i'lsult to our flaij, and
respectfully cl-iim for our vessels and citizens on the hif;h seas that [ivotection liv
the Hritif'ii Government which for centuries lias been the rifjht and pride of even the
meanest subject of the l*"mpire, but which now seems to be denied us, causing S'i'at loss
to the c immerce of our city, and financial ruin to our fellow-citizens engai^cd in the scalini;
industry."
Mr. S. Duck, M.P."., seconded the Resolution. There should lie no more dclav.
Some action should at once be taken to soci'i'c British subjects in pursuit of their lawt'ul
avocation from illegal seizure ; and to let them know whether they are to reci ive coiiipcii-
sation for loss already sustained wliile ])ursuini; their leijitimate calliiijj on the hii;h sea-;.
It was hard for him to understand the apathy that hid been shown by the Iiiipciiiil
Government in this matter. The ijood sense of the American people would c()ni|)el tlioir
Government to take a riuht action in the matter, if the Imperial (jovernment but did tlieir
duty by Canada. He was i^lad to second the Resoh. ion.
Again the Resolution was put and carried, with loud applause, but no dissentins;
voice.
Mr. D. W. Iligtrins, M.P.I'., was next called upon. lie said that he had had placed in
his hands the followinsr Resolution, which he proceeded to read : —
" Resolved, — That the time has come for a speedy and linal settlement of the question
of our rights in Beiiriug's Sea, and we urge upon both the Im])erial and Canadian (jovcrn-
mcnts the daniier of allowing this ipicstion to longer remain open."
He thought this |)laced the (piestion in a practical form. The other Ursolution-; were
longer, but still explicit. He conld not, he said, help contrasting the action of ICiiu'laiKl
when Imj)erial rights were concerned with her action in this ease when Cilnnial interest
«as at stake. The Delagoa Bay incident came to his memory. Certain I'.nglish |)r()|)erlv
was seized by Portugal, and a cable-message was at once sent to England. Three dnys
aOer a flest was ordered to Delagoa I'ay to jirotect t'.ie British interests. It would have
been in keeping with this policy if the tieet at I'^sciuimalt had long a^o been sent to
Bchiing's Sea to protect I'ritisb interests. Beaconstield, at the close of his cancer, s:iil;
" I have kept peace with honour." Can Salisbury, if the present |)i)licy is continued, -i.
the same at the close of his career? lie may say, "I have kept peace," hut at liie
sacrifice of the liberties of the greatest and most warlike nation in the world, lie
(Mr. Higuins) had paid a visit to the Southern States, and witnessed all the awful dcs ila-
tion apparent just after the civil war. He had at that time breathed the prayer that his
country might never know the horrors of war. War was awful ; but there was one thing
just as terrible — a peace |)re9erved at the loss of national honour. (Ijoud cheers.)
Mr. R. P. Ritliet seconded Mr. Iliu'u;ins' Resolution, lie acknowledged that it wa^
humiliating to be compelled to make au a|)pcal for protection to our own nafinn wl lie
])ursuing a lawful avocation on the high '-eas. The matter wii^ of no iTuunent vli("tl',M' ili '
insult had been offered to one humble sulijecl or to many. The |)rinciple was the same.
British subjects had been illegally made |iiisoners of on the high seas, and had been fined
and imprisoned. Like good subjects, tbev had waited long for action to be taken without
their demanding it as tfieir right. This action not having been made, howccer, it «hj
necessary now to emphasize the representations that had been made to the Iie|ieiinl
Government. Like Coliuiel Prior, he hiiiis(df felt like snaking back when he was hit.
He thought it would have been a i,'ood tiiin;: if one of the British men-ol-war lyiu'.; idiv in
Es(|uimalt Ilaibour had sailed north for Bcdu'iiiii's Stawilh the " Kirliar i Rush "at the
beginning of the season ; kept in the ' Rush's '' company until she attempted to interfere
with some British sealer, and then (piietly sail between and say, " You must not!"
The United States now claimed that tlicu' desire was to protect th(^ sealing industry
frotn exterminution. It was the desire of Victoria's scalers as wv.W, and they would make
no attempt to disobey any international reifiiiations that mi'.:ht be m.ide for I Ik; preservation
of the seals, lie was fully in accord with the Resolution, wliiidi he seconded.
Like its two predecessors, the Resolution passed unanimously.
.Mr. Robert Ward, President of the Brdish ('olumbia Board of Trade-, drew atfeiitiuii
to the inconsisteiicy shown by the .American Government, and carefully reviewed tlie
821
question of compensation before moving the foliowin:^ Resolution, wliicli \viis seconded by
Mr. J. 11. Todd:—
'■ Whereas no compensation has yet been niad(! to the owners and crews of any of tiie
vessels .so seized and forfeited, be it therefore resolved, that we iiri^e the (iovernnients of
Canada and (ireat ISritain to promptly compensate the siitl'crers by these seizures,
irres|icetive of the merits of the intiM'national ipiestions involved."
Carried iiniinimously.
'riie Mayor then called upon the lion. Air. i\f)l)son to move the m^\t Kesolution.
Mr. Kobson ste|)peil fcrward amid.st apphiusc. lie said the hour was so late, and so
much had iieen said, and so well said, thai he did iiol ltd jiistilied in occupyiiiir nuicii of
the tinif of the meeting, lie was in perfect accord with the Kcsohitions which had been
p,i-sc'il, and was bopitul of i;ood results. Thai some such steps had not been taken
siioiicr was matter ol surprise and retcret. Too lonz bad the !j;lorioua old tlai; of which we
all telt .justly proud been trailed iu the dust on these western sea:; with im])unity (loud
ap]ilause), and true loyalty rc(|uired that we should employ every legitimate means to [»ut
a >t()p to if. Limn enouudi bad IJrotbcr ./oiiatlian been allowed with impunity to twist
the tail of the Hritish lion, an<l now it remained tor the " sim|)l(' tishcrmcn of Victoria "
ti. >tiiki' a bicifer uuilcr the Icthaifiic old aniaial'.s nose, ami ;;roUse it to a proper sense of
(liit\. (.\pplause.) One speaker had said the I'lociiieial (Jovcrmneiit had nothing to do
nith this matter, while anotlicr said it bad. I'erbaps in the strict oliicial sense it had not;
but lie conceived that in a very important sense it bad to do with uhalever concenied the
Wvllarc (if the country, and he telt it to be due to tlie Provincial (lovernmcnt to say that
tlii> matter had received its most earm^st attention. (Applause.) It bad prepared and
transmitted no fewer than .si.\tcen Orders iu Council and tolci,M'ams, and be could assure
the nii'ctin^ that these were couched in ;is strmii; lam^uaire as was consistent with State
dncumcnts. (.\p|ilausc.) lie moved the following; Kesolution: —
" Kcsolved, — That co[)ies of the Rcsidutions passed at this lueetin;^: hi^ forwarded to the
Ini|Ki'ial anil Canadian (iovernnients, and to all l?oards of'l'rade in Canada.''
Mr. A. ]^. (jray seecnded the Kesolution, which he consiiiered a fitting clinuix to the
evcninix's work. It woidd show to the world the attitude the [H'ovince of lin' i (.'i)lund)ia
had assumed alter niatiu'e consideration of the (|ucstion dealt with.
The Kesolution was cariicd, af;ain unanimously; and after a vote of tiianl.^ to the
.\Inyor, both for callini,' the meetiu^^ and for bis services in the chair, the meeting
adjourned.
.VN(vnii;u Rt^turns. — Messrs. Ilall and Gociiel's little sealina; schooner " Juanitn,'
Ciiplain Charles K. Clarke, which ha" been evpectcd foi' several days, arrived safely
yesterday afternoon, and tied up at .laidon's whart. (!aptain Clarke reports havinu; sailed
(lirret ironi Behrini^'s Sea for home, but havinu; been compidlcd to wait four days for a
I'avuuialilc wind to briii'' him in from the Straits.
Willie
11, 1. in wind to brim; him in from the Straits.
The " .hianita" was overhauled by the I'nited States' cnlter " Knsb " on the .'Slst luly
' sealinLT in IV'hrniLr's Sea. She was biiardcd by the captain and lieiitenaiit of the
rutter with a boat';, en'W, who dcniandcd Captain Clai I
of the entire catch of the schooner, i>'J.O >kins, 'I Iu
seliooiiei' were sal'cly hidden away, am
whercahouls,
Cajitain Clarke protesteil vigorously a.ijaitist the seizure, Hhich, he iidornicd the
otiitcrs of the cutter, was outrageous, the schooner being SO miles out in the open sea.
Thi-y rcjilied that thciy were sorry to be compelled to do it, but were forced to oi)ey then-
orders. After instructing the captain to sail lor .Sitka, but without any .Vmcricau " prize
crew," the " Rush " steamed awav to ci^pturc another schuoiu'r sighted, and supposeil to
he the "Lily."
As soon as the cutt( r iiad diopjicd behind the laai/on the "■luanita" resumed iier
huiitinir, but her luck had apparently gone. After several days of bard weather the
'Miiaiiita " sailed for home, |)assmj^' the schooner " Kate" on the way down, but not close
ciiiiiigh to speak her.
kcs pap'M's. anil al~o look posse-sion
nns and ammmitiim canied b\ the
the olliccis of tlu' •' Ku,.h'' laileil !o iliscdver their
[V'H]
T
322
No. 232.
Foreign Office to Colonial Office,
Sir, • Foreign Office, October 5, 1889.
I HAVE laid beforo tlie Manjiiis of Salisbury your letter of tlie lOtb ultimo,
inclosini; a copy of a dospatcli from the GovL-rnor-Gencnil of Canada, dated the 2()th
August last, in which bis I'xcellcncy trunsuiits cojjies of tiic instructions given to the
special otticcr placed on board the " Black Diamond " by the ollicer comiiiauding the
United States' llevenuc-cuttcr " Rusli," and of a letter from the Collector of Customs at
Victoria, together with atlidavits ot' the niastcis of the "Jilack Diamond" and "Triumph."
I am directed by bis I,()rdibi|) to state in reply, for the information of Lord Knuts-
ford, that be has addressed to I ler Alajesty's (Uiarge d'Aflaires at Wasbington tiio two
despatches of wiiieb copies are inclosed.* 'I'hey have been submitted to, and have received
the concurrence of, the Law Officers of the Crowti.
I am, &c.
(Signed) T. H. SANDRRSON.
No. 2;53.
Mr. Edwunlcs In the Mor'iuis of Hdlisliitnj — {Received lii/ telegraph, Ortolier l.'i.)
My Lurd, IVuKliington, October 12, 188!).
I HAD the honour (o receive on the lltb instant your I^ordsbip's despatciies
of tile iiiid instant on the subject of the seizures of British vessels in Ikhring's Sea.
M'itb the view of carrying out your Loidsbip's instructions to read the above
dcspatcbcs to the Secretary of .State, leaving with him, should he desire it, copies thereof',
r called ycsterdav at tlie Department of State, but was unable to find -Mr. Blaine
that day."
.\ccor(liiigly, I called on him the nc.vt morning by ap[)ointment, read the two
despatches to him. and left with him copies of the same.
When I (iiuic to the passage in your Lordship's despatch which relets to the
communiention made by .Mr. I5ayard to Her Majesty's Goverumctit, uiioHicially, of an
assiuaiice that no finther seizures of the character indicated should take place ])endin!,'
the discussion of the rpiestions involved between tbe two (ioveruments, Mr. Blaine
8top|)ed nil- and asked me if I could tell him in what manner this unofticial assurance had
been 1,'iven. I replied that I believed it to have been given in a letter from ilr. Bayard
to Sir [j. West, and that t'ne letter would be found in tbe printed correspondence relative
to the seal fisheries in liebiing's Sea whicb was laid before (!ongress this year.t
When I bad concln(le<l the reading of the despatches, Mr. l$laine asked mc for copie,'>
of them, which 1 handed lo him, and before 1 took my leave be stiid that he would send
»ie a reply later on.
I have, &c.
(Signed) H. G. ICDWARDES.
No. 234.
The Marqiiiis of ^Salisbury lo Mr. lidwanlen. — (Substance telegraphed.)
Sir, Foreign Office, October 14, 1889.
Wrril reference to your telegram of the 12tb instant, I have to observe that the
tissurance to whicb 1 alluded in my despatch of tbe 2u(l instant was conveyed to nu"
uiioflieially by Mr. I^belps on the 3r(l April, 188H.:{: The conveisatioii was rec(>: led i» a
letter of the same date to the Colonial t)llice. There is also an allusion in a siiiiilui'
sense in a desiiaich from Sir L. West of tbe (ith April.
1 am, &c.
(Signed) SALISBURY.
• Nov. 22S nnil 2'J9.
t See ^t(■«53^c I'roni the President of llic Uniti'il Sialics uf Vcbruarv 12, 1H89, p. 12; Mr. Bayard (o
.Sir 1,. Wist. IVbriiiiry :!, 1^87.
I Svi' Nos. Ill aii.1 im
323
No. 235.
Foreign Office to Coloiiiiil Office.
Sir, Forcinii Offici; October l;i, 1889.
I Aj\I (liicctcd by the Marquis of Halisbuiy to €^c,•kno\vl(,'(lge the receipt of your letter
ol the ytii instant, forwarding copy of a letter and iiieiosurcs from Mi-. T. A. Clarke
rclnlivf to the seizure of Rritisli sealinir-vessels in Bchriim's Sea, witii special mention of
till
ol the ytii nistant, forwardmg copy ot a letter and ineiosurcs from Mi-. 1. A. Clarke
icliilivf to the seizure of Rritisli sealing-vessels in Bchring's Sea, witii special mention of
till! case of tiie "Juanita," and asl<ing what reply should, in Lord Salisbury's opinion, be
rctuiiie<l to Mr. Clarke.
I am directed by his Lordship to sui^gest that the answer should be to the effect that
tlic (|Ucstion is at present under discussion between the two (jovernnienls, and that
Sir J. Fiiuncefoti', who is now on his way out, will at once enter upon the subject on his
arrival at Washington.
I am, &c.
(Signed) T. H. SANURRSON.
•cad tliB two
Mr, Ikvara 10
No. -J.'SG.
('(iloniitl Office In Fnrchjr. Office. — {Iteceircd Octnher 'J5.)
Sir. DoiniliKj Street, October 21, 1889.
WITH reference to the letter from this Department oi' the "ith instant, 1 am directed
l)\ Lord Knutsford to transmit to you, to lie laid before the .MarijU's of Salisbury, a copy
til' a licspateh from the (fovernor-(Jeneral o( Canada, inclosing ;ui approved .Minute of his
I'rivv Council, with copy of Resolutions [lassed at a meeting of the citizens of \ictoria,
llritish Columbia, on the 31st August last, respecting the seizure of British sealing-vessels
ill lii'hring's Sea.
Lord Knutsfoid proposes to reply to the (Jovcrnor-Ceneral, with the concurrence of
Lord S!''i>hury, ni terms similar to those suggested as a \v\^\\ to .Mr. Clarke in your letter
(il the lath instant.
I am, &c.
(Signed) 11. II. MEADE.
Inclosurc 1 in No. 2'.%.
Depuli/ Odcernor Sir H'. Ritchie to Lord KuiUsford.
Mv Kurd, Oltoira, Sejilember 19, 1889.
I ll.W'E the honour to forward herewith a copy of an approved .Minute of the Privy
Cuiiieil, submitting a copy of the Resolutions |)asscd at a meeting of the citizens of
Victoria, Hiitish Columbia, on the 31st Aui^ust, respecting the seizures of British sealing-
vi's-ils in Behring's Sea.
I have, i^c.
(Signed) W. J. KITCllIK.
Inclosurc 2 in No. 23G.
li'jiiiii „f ,1 Coiinnlllee of the Honourable the Prhij Council, approved by his Excellency the
(iocernnr-Ge)iernl in Council, on the \4th September, 1889.
'K\' a Rcfairt, diitdl the Utli .September, 18S9, from the Minister of Marine and
I i^liirie^. suhmitting a copy of the Resolutions jiasscd at a meeting of the ciiizens of
^il•lllria, British Columbia, on the 31st August, having reference to the Behring's Sea
M'l/ures, the Committee, on the recommendation of the Minister of .Marine and Fisheries,
advise that your Kxcell(Miey be moved to forward a copy thereof to the Right Honourable
111!' Principal Secretary of State for the Colonics, for submission to Her Majesty's Govern-
ment.
All which is respectfully submitted.
(Signed)
ri28]
JOHN J. McGEE,
Clerk, Privy Council.
2 T 2
324
Inclosure 3 in No. 236.
Resolutions adopted at a Meeting of the Citizens of Victoria, British Columbia, held
August 31, 1889.
[See Inclosure 2 in No. 231.]
No. 237.
Colonial Office In Foreign Office. — {Received October 25.)
Sir, Downing Htreet, October 24, \b><^.
1 AM directed by Lord Knutsford to transmit to you, for the consideration of the
Marqui.s of Salisbury, copies of four (lespatciies, witli acconii)anyini; papers, received from
the Governor-General of Canada, relatinir to the seizure, by the United States' Revenue-
cutter " Rush " in the Hehring's Sea, of the British sealing-vessels named in the margin.*
I have, &c,
(Signed) R. n. MEAUE.
Inclosure 1 in No. 237.
Deputy Governor Sir IV. Ritchie to Lord Kniitsjord.
My Lord, Ottawa, September 20, 1889.
I HAVE the honour to inclose herewith, for yur Lordship's information, a copy of
an approved Minute of the Privy Council, submitting the affidavit of the owner and master
of the British schooner " Minnie," who therein set forth the circumstances under which
that vessel with her cargo of sealskins was seized in Rehring's Sea on the l.')th July last
by the United States' Revenue-cutter " Rush."
1 hove, iVc.
(Signed) W. J. RITCHIE,
Inclosure 2 in No. 237.
Report of a Committer of the Honourable the Privy Council, approved by his Excellenry the
Governor-General in Council, on the H/A September, lb89.
ON a Report, dated the 12lii September, 18HI), from the .Minister of .Marine and
Fisheries, submitting the atiidavit of the owner and master of the British schooner
"Minnie," which vessel, with her cargo of 421 sealskins, was seized in the Hehring » Sea
on the l.Oth July last by the United States' Revenue-cutter "Rush;" the Committee
recommend tiiat your Excellency be moved to transmit a copy of tiiis Minute, together
with copy of the annexed affidavit, to the Rigiit llonoiiraijle the Principal Secretary o(
State for the Colonies, for submission to Her Majesty's Government.
All which is respectl'uUy submitted for vour Excellencv's approval.
(Signed) " JOHN J. McGEE,
Clerk, Privy Council.
Inclosure 3 in No. 237.
Affidavit of Victor Jarobson.
I, VICTOR JACORSON, owner and master of the Rritisli schooner " Minnie," o.
Victoria, British Columbia, make oath and say ;—
I cl'.-ared my vessel from Victoria in the early part of May for a sealing voyage to
Behring's Sea. My v;rew consisted of five white men and sixteen Indians. I entered the
sea on the 27tb June, ;ind commenced scaling on the l.')tb July. I was hovc-to undir
reefed mainsail and jib, when I perceived a vessel under fidl steam bearing down upon us,
.. * " Minnie," "Junniln," " I'atlifniilcr," nii(i " Ijly."
325
Tliis was about 3 I'.ii. I made sail and tried to get away, but was soon overhauled by
what turned out to be the United States' cutter" Hush." Some one on board shouted out,
"Jk'ave-to." I did so, and a boat tilled with men came alon}»side. A Lieutenant came
on lioiird and asUcd me Cor my pajiers, which I gave him. He then asked me how many
seals I had. I re|)lied about 450. lie then took my papers off to the cutter, and returned
and ordered his men to take ott' the hatciies, and brinu; up all the skins they could find.
Tliiy took off' 421 ."kins to the cotter. 1 went on board the cutter and interviewed
Captain Shepherd, who told me he must obey his orders, wliieh were to seize every
sflionner lutmd sealiiiit in the Uelirinj^'s Sea, and send them to Sitka. I returned lo tiie
sihnoiier, when the Lieutenant asked me for my guns and spears, lie look a lireccli-
loadiiiy; j;im and a inii/zki-loader, but refused u French musket which i offered him. lie
then left with his men, leaviii'.' one man on lioard. 'I'he cutter tlien steamed away. Tiie
Ijiculeiiant told me before leaving;; that 1 was G5 miles south f^ast by east from Aonimuk
Pass. Alter the cutter lelt the I'nited States' sailor told me ie was in charge, hut he
never attempted to interfere with the working of the vessel. Sometime afierwards he
sliiiwt'd me his writien instructions, wiiich were that llie vessel diould |)roeeed to Sitka,
and there he handed over to I'nited States" .Marshal, and that tlie ca|)tain and mate should
be arrested. I then eoneluded I would not go to Sitka, but would continue my voyage.
Tiiat ni:;ht we made some new spears, and next moining commenced hunting as though
nothing iiad hap|)erie(l. '•' e captuied hfty seals that day and ninety on the next, ke|)t on
liiintin;; miiil the 1 7th August, wiien, having five hundred seals on ooard, 1 lelt for the
south. After passing through .\onimak Fass, I told tiie p:i'/.e crew I should steer for
Victoria. He replied, " 1 always thought so."
The Indians told me if the United States' sailor attempted to take the vessel to Sitka
they would throw him overboard. We arrived in X'ictoria last evening, and to-day at
noon tlie prize crew catnL' ashore and reported at the American (-onsulate.
(Signed) VICTOR JACOHSON.
Sworn before me, at Victoria, Hritish (,'oluuibia, lind day ol September, a.d. 188ij.
(Signed) Roiiiciti' Wakd,
A Juxtirr of tlir I'riiri' for the Provincr of liriti.sk Coldiiihid,
Inclosure 4 in No. 237.
Excellenni tht
Drputi/ Governor ,Sii IV. Ritchie to Lord Knutsford.
My Lord, Otlaua, September 21, 18S<).
1 HAVIv the honour to transmit herewith a copy of an approved Minute of the I'rivy
Coancil, submilting the affidavit of the master and mate of the British schooner
''.luanita," w'lieh vessel was seized on the 31st July last by the United States' Revenue-
(Mitler " Rush," together v.ith a copy of the receipt of the captain of the " Rush " for the
.ship's i)apcrs, and a sealed envelope addressed to the United States' District Attorney at
Sitka.
Your Lordship will observe that the seizure took place about 80 miles from the
nearest land.
I iiave, &c.
(Signed) W. J. RITCHIE.
Inclosure 5 in No. 237.
Report of a Committee of the Honournhie the Privij Council, approved hi/ his Excellency the
Governor-Oeneral in Council, on the \4lh September, 1889.
ON a Report dated the 12th September, 188!1, from the Minister of Marine and
Fisheries, submitting the affidavit of the master and mate of the Hritish schooner
".luanita," which vessel, with !ier cargo of 020 sealskiris, was seizeil in the Hehring's Sea
on the 31st July last by the United States' Revenne-cutter " Rush," together with the
original reccij)t of the captain of the " Rush " lor llir ship's |)apers, ,aid a -ealed envelope
addressed to the United States' District Attorney at .*<itka; and it will be observed that in'
this ease tl)e captain of the " Rush " has (i-xed the latitude and longitude at which the
seizure took place at .';5" 42' north latitude and 17C" 10" west longitude, which is about
:J26
80 miles from the nearest land, and, as the captain of the " Juanita " defines it, "on the
blue waters of the Great Ocean."
The Committee rcconnnend that your lixcellency he moved to transmit a copy of
this Minute, together with copy of tiic annexed ])apcrs, to the Right Ilonourahlc the
Secretary of State for the Colonies, for submission to Her Majesty's Government.
All which is respectfully submitted for your Excellency's approval.
■(Siuned) JOHN J. McGEK,
Clerk, Prill) Council.
Inclosurc 6 in No. 237.
Affidavit of llic Miistrr and Mute of the liritish Schooner "Juanita."
WE, the undersigned jnaster and mate of the British scliooner "Juanita," hereby
affirm and declare : —
Tiiat the schooner "Juanita" entered the Bchring's Sea on the I2nd day of July,
1S8!J, having on board a crew consistintc of four white men and fourteen Indians, all
told, with seven canoes and one boat, the said schooner beiuif engaged on a I'lir-scalin;:
voyage.
That on the .'ilst day of July, at about ;> a.ji., the schooner being at that time in
latituch? rii)" 30' north, longitude 170° 25' west, according to the master's reekonin','', the
United States' Revenue-cultcr •' IlichanI Hush"' was discovered a short distance from the
vessel. After some delay she (the " Kichard b'ush ") steamed alongside the "Juanitii,"
and the captain refiuested that the schooner be hove-to, as he wished to board her. In
the eource of a very short time the schooiirr was boarded by three offieei's, the senior (li
whom incjuircd liom the master with regard In tlie length ol time the vessel had been in
the sea, and the nuiulier of sNins on board. On learning these jjiirtieulars he (the oiiiceii
inf'oi'med the master of the ".luanita " that he should have to seize his vessel and catch ;
alter wliieli lie instriiclcd his boat's erev>- to tranship the sealskins ((iL'O in number) to \\w
" Richard Rush," which work was immediately ])roceeded with.
The schooner's master remonstrated with the steamer's ofiicor at the irregularity of
this proceeding, (jointing out the fact that tlie vessel was then something like 80 niiiis
Irom the nearest land, and on the blue water of the Great Ocean, to which the ollicer
replied that he was simply carrying out the orders and instructions of his superiors. lie
then denianded the schooner's papers and the spears of the Indian hunters, which were
triven nn.
The papers consisted of the schocmer's certilicate ol registration and her clearaiiee.
After all the skins had bcci\ tr;mship])('il. two letters were sent on board the schooner:
one (addressed to the master) proved to lii' a certificate of the seizure, and the otluv wa>
addressed to the District Attorney of Ah.ska at Sitka. With these came verbal
instructions to the master to proceed with his vessel to Sitka, after which the steamer
went on her way.
During the time of these operations the British ensign was flying at the schooner's
peak, nor was it hauled down until alter the steamer had resumed her course.
(Signed) C11A3. E. CLARK K.
JOSIil'lI SI'X'ORD.
Sworn before me this 2nd day of September, 1SS9.
(Signed) J ^\. Shotbolt, Justice of the Peace.
Inclosurc 7 in No. 2:57-
Certijicute of Seizure.
United Stale.s' liereiuie-aleainer " Rush," Hehriin/.s- Sea,
Lnt. 55° 42' A'., Lomj. 170' M)' (('., July 31, 18h9.
To whom it may concern.
THIS will certify that I have this day seized the British schooner " Juanita," of
Victoria, !5ritish Columbia, C. E. Clarke, master, lor violation of lasv, section 1956 Revised
Statutes, United States, and taken possession of his ship's papers, consisting of registry and
clcinaiicc.
(Signed; L. G, SHEPARD, Captain,
United States' Sevenue Marine.
327
Inclosure 8 in No. 237.
Captain Slfpard, L'.S.N., to the United States' District Attorney.
United. States' Itevenue-stramer " Rush," Behrimj's Sea,
Sir, FmI. .05" 29' N., Lnn,j. 160° 15' W, August 6, 1889.
i HAVE the honour to inf'urni you that I have this day in th- Hehring's Sea, latitude
55° 29' north, longitude 16(i° 15' west, seized the British schooner "Lily," of Victoria,
British Coluiixhia, Joiiii Tleilly, niaster, for violation of law, section 1956 Eevised
Statutes.
I have taken his arms and sealskins, ;$.'?;'> in number, on board the " Hush," for
lietter seenrity, and as 1 have no olheer to sjjare to place in eharn;e, I have directed the
c'n|)taiii to jiroeeed with his vessel to Sitka, Alaska, an(l on his arrival to set liis crew, three
white men and twenty-five Indians, at liberty, and to report in person to you; and I have
to i('(niest that you will take charge ot this vessel and her officers. Captain John Rcilly
iiiid mate, Cieorgc McDonald, until I t^an appear in the United States' District Court at
Sitka :ii;ainst them.
Very respectfully,
(aigncd) L. G. SHEFARD.
Inclosure 9 in No. 2'i7.
Deputji Gdrrriiiir Sir fV. Ritchie to Lord Knutsford.
My Lord, Otiawn, September 23, 1889.
i flA\ E the lionour to transmit herewith a copy of an approved Minute of the Privy
ruiiiieil (jl Canada, to which is apjiended a co|)y of tlie sworn statement of the master of
ilk' IJritisli schooner " I'athtinder," i;iving particulars of the seizure of his vessel by the
I'liited States' Revenue-cutter "Richard Rush," in Uehriug's Sea, on the liTth Augiist
last.
'I 111' Canadian (ioverninent, as your Lordship will observe, call attention to the
iri'it.itin;;^ .uid unjustiliable nature of the seizure, and request that suitable redress be
ili'iiiaiuled from the United States' Ciovernnicnt for the wrong inflicted on loval subjects oi"
llir .Miijesty.
I have, &c.
(Signed) W. J. RiTCHIE.
le schooner's
Inclosure 10 in No. li.'37.
RriKirl nf II Committee nf the Hniiniiriihle the Privij Coinicil, npproreil hi/ his E.rcellency the
(lOvenior-Generiil in Coiiiirll, nn the I4th Septendier, 1889.
ON a Rejjort, dated tiie 7th September, ISS'J, from the Minister of Marine and
I'i.^lu'ries, submitting, in connection with the Hehring's Sea seizures, the sworn statement
111' the master of the liritish schooner '• I'athtinder," givmg the particulars of the seizure of
this vessel by the United States' l?evenue-cutter '■ Richard Rush " in the Behiing's Sea, on
the '_'7th August last, and the removal thereto from tin; " I'athlinder " of SSi sealskins,
together with all tiic riHes, shot-guns, and iunmnnition on board; the Minister submits
also the instructions given the special otticer placed on hoard the "Rathlinder" by the
comiiiauder of the " Richard Rush," and it will be noticed, however, tb^se were
ilisrei;arded by the master and crew, as tlie vessel was navigated to A'ictoria, i'ritish
Columbia, instead of Sitka.
The Minister observes that the circumst.uices which characterize this seizure are no
less irritating and unjustifiable than tho.se which have jjreceded it.
The Committee reconnnend that your Excelleney be moved to transmit a copy of this
Minute, together with the papers herewith, to the Right Honourable the I'rincipal
tert'tary of State for the Colonies, in order to bring to the notice of Her .Majesty's
"ovcranient the particulars of the seizure in (juestion, with a view to seeking from the
tiovernnient of the United States redress commensurate with the wrong which has in this
lase been indicted upon loyal subjects of Her Majesty.
All which is respectfully submitted for vour Excellency's approval.
"(Signed) JOHN J. McGEE,
Clerk, Privi/ Council.
3'J«
Ihclosurc 1 1 in No. 'SM.
Slali'inent of Captain O'lj'anj.
I'lrtorid, liilli.sh ('(ilitiiiliid, Aiti/u.sl '.\0, IHH!),
CAPTAIN O'LKAUY statos ttiiit lie sniliid as iiiastcr on board thcHritisli scliooiier
and Mnnsic, of N'ictoria. Wo cleared at ('ustorn-lioiisc
' PatliHnder," owned bv V
on tbe ITtli April I'or a .sailinu: expedition to tiiu North I'aeidc Ocean and on Hebnni;'s
Sea. We bad fair siieeiss, ai\(l sbipped the early season's eateli to Victoria. Wc entered
Hcbring's Sea on the 1st ,)uly, imil up to tlio 'J7th of tbat niontb had t-dit'n about
HflO skins, the weather luinu: rather nnfavourable foi sealit)ir up to that tin
the niornms of the 'JOIli we sighted the United Stalls' cutter
■ Itieh
Id
about
■ u
to bcave-to
I did
nil biliiude, ]l^^ II' west lorifxitude. Coininander Sliepard ordere
On
I me
tbire was no wind, escape was impossible, l-'irst Lieutenant
it i was sealiin;: I told !iini I was.
Tuttle came on boaid with a boat's crew, and asketl
He asked me how many skins I had on hoard ; I told bini 1 had about K/34. he then
returned to the Hevcniic-eutter, and in a short time ri'tuiiied and told me he was iioini; to
seize my vess(
■ebrintr's Sea.
'I. I asked li
His men
lit he was '.'■oiii'; to s(Mze me for ; he said for sealing
in
sb(jt-i;uns, also al
the ship s |iapir>
H,5-l sealskins, li> ri
transferred to the cutter '■ Kush." He put one of his crew on board my xcssci, and t
searched my vessel, and took
shells, carl rid
wliK'li were
nie to proceed to Sitka wi
th til
Pathfinder.
riic '■ Itiish " then steamed awav, and 1
htai:
ed the
'atlilinder ' south, .\llei wc wcii' well out of the i$(b
Sei
sonic ol
mv crew inrormed the Amerii
1. nicer that wc were ImjuimI lor Victoria. H(^ >aid noti
III!"
to me, noi
did
ic oli'cr any objcttion. As the iiiontli of .August is onr best sealiinr nioiii
1 consider wc could easilv have taken .'},()((() seals in all lo the end of tlie
Sworn Infore n;e this .'ilsl dav of .Vuifust, 188;
(Si-ned)
seahiiir season
W. O'LKAliV
(.Si-iiid)
.). \\ . Siloriiiil.T, .Jiislicr of I lie Pc
Inclosure \'2 in No. "J 7.
('iilifnin Slicjuirtl, L/..S'..V., lo Mr. Himler.
Vnltvd Slates' licreiiiir-ciiltcr " liiisli," lU/iriix/'s Sra,
Sir, Lat. f)?" 24' A'., Lonij. 171° o.V 11'., ./»/// '.>!), 188!).
YOU are herciiy apjiointcd a special ollicer, and are directed to proceed on board the
schooner " Pathtindcr," of N'ictoiia, liritish Columbia, this day sei/cd for violation of
section lO.'jd Revised Statutes of the United States, and assume ch:n;:c of the said ve.-sel,
her officers and crew, twenty whitcincn, all told; cxccplinu- the naviyalion of the vessel,
which is reserved lo Captain O'J.eary. and which you will not intci Icrc with unless yoii
become convinced he is proceeding to some oilier than your port ol destination, in wliicli
event you are auihorizcd to assume full charge of the vessel. Everything heiiisr in
readiness, you will direct Captain O'l.caiy to make the best of his way lo Sitka, Abi-kii,
and upon arrival at that port you will report in person to the United States' District
Attorney fur the District of .Alaska, and deliver it to him, the letter so addressed, llii
schooner, her outfit, and the jiersons ol Captain William O'l.cary and male, A. Davidson,
and set the crew at liberty.
After being relieved of the projierty and persons intrusted to your care, you will
await at Sitka the arrival of the " Kush."
Hcspcctfullv, &c.
(Jsgiied) ■ L. (;. SIIKPAKI).
Dejj,
Inclosure I'i in No. i.'37.
II (ioii-rnor Sir IT. Rilrliir lo Lord Kiiiils/ord.
My Lord, Olluini, Srjilrmhi'r -.'I., ISS'.I.
I HAVE the honour to foiward herewith a eojjy of an approved .Minute of the I'livy
Council, submitting a copy of the atlidavit of the master of the British scaling-scliooiier
"Lilv," which vessel was .seized in Behriinj's Scu by the United Slates' Ueveiuic-ciillci
" Richard Rush" on the (Jtli ultiino, about (iO miles Iroin the nearest land, togellier with
a copy of the certificate of seizure signed by the captain of the "Richard Kush," and n
seuleci coinniunication addressed to the United States' Distri('t Attorney at Sitka.
1 have, &c.
(Signed) W. J. RITCHIE.
329
Inclosurp 14 in No. 2.1".
Uriiiiil iif II ('oiiimilli'f iif till' llnii'iiiriilih Ihr I'riri/ ('(niiiril. iipprnrril hi/ his Eicclhniij llir
(lOi-rnini-driirrfil in i'miiiril. an Ihr iS7/i Si'ptrmhfr, IM^O,
ON a Mctiioinndiini, dutcd the IS||| Sc|itcinl)cr. ls-,(), iVoin ihc Minister of Murine
mill l''i>-lii rics, siihii.ittiii'.' ihc iilli(la\it nl I In; iiiiister (illliu liritlsli sciilin^-scliooncr *' Lily,"
wii'ih vc-sci wiis on the 'Jtii (iiiy cif Ant;ii»t hist in tiiL- !ii'ln-inL;'.s Sen (l:iiitn(li.: ')')° i.".*' iiorlli,
|iii)i;itii(lc ]'>(!' If)' wot), (listiint iihiuil (iO miles iroin tJK- nciuest liuid. witii iicr ':M-'j,n n[
:\.V.\ <i;iNkins, seized liy tlio Unit(?d States' Ifcvciiuc-rutter " I'lchaid Kiisli," also the
ci'itifieali of peizmc sitrned hy F^. (i. Hhepiivd, captain of the '• Kieiiaid Uiish,' and a sealed
(•niiiiiiiniication addressed to the L,'nited Slates' Dist.iet Attorney, JJistriet. of Alaska, Sitka,
uiveii to the niaslcr of tlu' " IJly " for delivery on his arrival at Sitka, wliither he was
ordered to proceed, which order, however, lie fli*rei;ardcd. and sailed to \'ict()ria.
'i'lie ('oinniitlce advise that yonr i'^xei.'llcncy he pleased to tiirward copies <i|' the
iiiclo-urcs i() the i{i;'lit I lononrahle the I'riiicip.d Secretary of State for tlie Colonies, t()r
siiliriiission to Her -Majcsfy's (ioveininiMit.
All which is respeetlnllv siihinilted I'or apjiroval.
(Signed) .lOllX .1. .Mr(;i':K,
Clrrk. Pi in/ ('iiunvil.
Inelosure !•") in i\o. '.•17.
Dfvldriitiiiii of John lirilh/.
in the matter of the seiznre of the sealin;; seljooner " I^ily '' hy the United States'
Revcinie-ciittcr " liicliard Hush," on the iith day ol' Anqiist, .\.u. !>•»'».
I, .inllN RK1I,LY, of the city of Victoria, I'rifisii Colni'ihia, master mariner, do
soleniiily and sincerely declare that :
1 am a iiiastcr mariner, and wa^ at the time of the occm'r. nces hireinaltcr mentioned,
and still am, the master ol' the schoonc '■ l.ily,"' ol' the port of \'i,-toria, liritish
f'oliimhia.
On the nth day of Anirust, .\.n. I><*^'J, whilst I was on hoard and in command of the
said schooner, and she then heiiv,' on a sealin;,' expedition, and hinnu; in latitude :")•">" 'iD'
nni'tli and loni,'itndo 166° 1.5' west, and at a distance of ahout (iiJ miles from nearest land,
the United States' Kevcnnc -cntter " Kichaid Knsli '" overhauled the said schooner.
I v.ns firs', boarded hy tiie First Lieutenant, who was armed, and vvlig asked me how
ninny ^liins I had on hoard, f rc]ilied that he slionld find out himself, and said that if he
wanted to see the scliooner's papers I would show them to him, and would render liini
assistance should lu' want to search the .schooner for eontrahanil iroods : hut I would
not aeknowledtre his riirht to seize mo for sealing on tlie higii seas.
The First Lieutenant then returned to the cutter, and in a short time letnrned,
atciimpanied hy another hoal ol the cutter, which was in charu'e of the Second
Lie\iU mint.
I hey hoth came on hoard, and the First Lieutenant demanded of inc the surrender
of the schooner, and askini; at the same time for the schooner's papers. This I at first
(li'C'liiied to do, and the Fir.-t l-ieu(enant said unless I gave the schooner's jiapers to him
at once, he would lake them hv force. I then i,'ave him the schooner's papers, consistiiii;
nl rctristrv, eoasiiuiL,' licence, and clearance.
1 he First Lieutenant tiien ordered liotli boats' crew to search the scliooner, and tiiey
took honi my schooner .'53.'5 sealskins, all in uood order.
lie ihen asked me it J would yive him two sacks of salt. .1 told him that il would
lie useless for me to rcluse, as he could lake tlii'in hy force, so 1 told him to ito ahead and
liclp hiiiisclt.
He then 'saw me two letters, tlie contents of which were ludiuown to -i c at the
tinu', i!i;e oi' them heinu: sealed, and the contents of wliicli is still unknown to me, 'he other
OLTliiyin:; that he had seized the schooner "l^ily " for violation <if the United Slates' laws,
anil taken possessimi of the schooner's papers.
lie then told inc fo proceed to Sitka, Alaska. 1 asked him if he wanted me to iro to
^ietoria or Sitki., Alaska; to which he replied that he had nothing to say, hut hiid simply
told me tiis ordcr.s.
My crew at this time consisted of a mate, Geori;e McUonalil. and three white men
and twenty-five Indian hunters.
I'lie Indian hiiiifcrs said thcv would not proceed to Sitka, and, to avoid hirther
[128] 2 U
trouble, I directed tlie scliooiicr's cduisc for N'ictoiiii, ami iinivod liurc tiiu 1st duy di'
September, iit 7 o'clock p.m.
.And 1 niiikc this solcinn dcchiialioii, conscii'iUioiisly believing; the saiiu; to lie true,
and bv virtue of "The Ontli Ordinance, lH«i»."
(Signed) .HjlIN RLILLY.
Declared at t!ie citv of \'ictoriii, British Columbia, this 1 Ith day of Scptcruber, IHm'.I,
before me.
(Signed) J. W. iimrvnoir, Jitslirr of iId- Pvin-p.
I lieiibv iiiiikc o;ith that the above dt flaraliun is true as far as I know of.
(Siu-ndl, t;KOK(il'; .McDONAl.l),
Declared at tlie eiiv of N'ictoria, Hritisji ('olund)i:i. this llth day of Se|ilciidicr, Issfi,
before me.
(.Signed) .). NV. S\uyyiM)\,T. Jiiflicr of t/ic Prurf.
Inclosurc 10 in No. 237.
Certijivutr of Seizure.
United Slnli's' lii'mnic-riitlcr " Ihiuli," lieliiiiii/'s Si'ii,
Lot. .')5" -M' A'., I.oiiij. l(i(i° 15' M'., Aulju.sl G, 1889.
To whom it may concern.
THIS will certify that 1 have this day seized the British schooner " Ldy,'' of Victuii;i,
British ('olund)ia, .lohii Reilly, master, for violation of law (section l'.)5() Revised Statutes),
and taken possession of his ship's papers, vi/.., certificate of registry, coasting licence, and
clearance.
(Signed) L. G. SIIHI'.VUD. Capfnin,
United Stales'' Revenue Marine.
No. 238.
Colonial Office to Foreign Office. — (Received Octolier 'J').)
(Extract.) Doirniiuj Street, Oclnlier 2 f, 18S!).
WITH reference to ])rcvious correspcndence respecting the seizure of P.ri'ish vessels
in Behring's Sea, I am directed by Lord Kuutsford to transmit to you, to be laid Ijcforc
the Mar(|uis of Salisbury, a eo[)y of a despatch from the Oovciiior-d'eneral of Canada,
inclosing an approved Minute of bis I'rivy Council sul)mitting a Report of the Minister ol
Marine and Fislicries on the subject.
Inclosurc 1 in No. 2;!8.
Deinitij-Governor Sir W. Ritchie to Lord Kantsfard.
My Lord. Ottawa, Seplemher 2-3, lSS!t.
WITH reference to your Lordship's telegram of the I xtb ultimo, stating that Her
Majesty's Government would be in a stronger position for dealing definitely witii Ik-iniiig's
Sea eases if the appeals on ISSfi seizures were jjusbed on, I have the honour to fiiiward
herewith a eojiv of an ap|)roved Minute of the Privy Coumil, submitting a Report of the
Minister of Marine and l*'isheries upon the sidyect.
I have, &e.
(Signed) W. J. RITCIIll'..
Inclosurc 2 in No. 238.
Report of a. Committee of the llonourtdde the Prini Cniincil, approved In/ liis Excellency the
(lOVcrnor-Geiieral in Council, on the \6t/i Septeinlier, l>S!).
TIII'> Committee of the I'rivy Council liave had under consideration a cable despatch.
dated the l8th August. 1880, from Lord Kuutsford, intimating that Her Majesty*
Ml
(Jovcrninciit considiMs thai it would be in ii ^troiiu'cr position for dciiliiiix dctiiiiU'ly with
I'cliriim's Sen cnscs if appcids in 188(; s('i/uiT> wcii- pushed on, iiiid th ■ d('si)atcii troes oil
ti) Miv : " It is very iiinisMnl lo pic^-^ lor diploinatic' irdirss tor a privaU. wron;^ as loiiir as
tiicir is a rcasoiialdc cIimiicc dI' ()i)taiiiiriir it li'diii tiic 'riiliimaU of the cninitry."
The Minister of Maniu and I'islieiics, to whom the table despatch was referred,
Mihiiiits the annexed |{epi>rt, in which tiie Cotnuiittee concur.
The ( 'ciinniitlce iceoMnncnd that vour I'Aecileney h(; niovi'd to forward a copy
hereof and t lie ainu'Ned jiapers to tlie KiLjiit iloriour.d)le tiie Secretary of State for the
Colonies.
All which is respectl'idlv suliniilted ibr vonr Kxeellencv's approval.
(Signed) .JOHN .). McCJKK, Clerk,
Privij Council.
Inclosnre :> in No. 2.'58.
Mr. Tupiiir In llir 'idrt'riinr-driifrdl in Council.
Olfinrn, Scjitcnhrr !), IKS!).
Till". I'nder.sifined has the iiouonr to icpoit that hi' has had before him a cable
(lc>iiatch I'roMi l^oid Kiuitslord lo \)\\i- I'Acclleney, d.ilid the Isih Auj,'iist, 18>*t).
I'his despaleh inlimales that Her .Majesty's (jovermiwnt considers that it would be
in a str()n;,'er posiiion for (lealiiiL' delinitely with liehriiiii's Sea cases if iippeals in 1 ^Slj
sc'izares were pushed on. 'I'he despatch ),'oes on to say : " It is very unusual to press for
(ii|il(anatic redress tor :i private wron;; as lonj; as there is a reasoiiiible ciiance of o'jtaiuiiii,'
it from the ' ' 'b;:- iS of the country. ''
The Under. litcned desires to call attention to >onie ol the eorrcspondeiiee Aliieh ha.s
already taken i)lac(.' upon this subject.
It \vill he !ecollccteii 'lat in ,)uly I'^si? Ibi' .Majesty's Principal Secretary ol .State (or
tlir Colonics cxpresbcil the di'>ire of the .\lar(|uis ol Salisbmy that before any furthei'
iv|uvseiiliili. i]:> ate made lo the L nited States' (iovernment with a view to obtaining
rip.ii'iitioi). ihal Her .Miijesty's (iovermuent should be in iius.se>.sion of tin' rec ord of the
JDiliiiul proec'edings in the Distri';! ( ourt in .\laska.*
C'ojiies ol records in United Sliites' District Court for the District of Alaska in the
cases of "Unwtird," "C'arolena," and "Thornton'' were duly forwarded in .\ui;iist
1887. t In acknowledu;ing their receipt, the Marcpiis of Salisliury said: " 1 have further
to r((|ue>t that you will endeavour to ascertain and report to tne when it is probable
tliut the ap|)eals rclerrcd to in your despatelies of the 2rid April, Iss7, niid of the (itli
.May, |Ss7, respectively, of thi' owner;- of the .\merican ships whit'li were seized on
sitiiilar grounds, will come on for hearintj, and whether any arrauf^einent lias been or can
now in your opiiuon advantageously be made between the owners of the l?rilish and
AiMcricaii vessels on the one side and the Government of the United States on the other,
tlmt one of these cases should be regarded as a test ease, by which, in so far as the .American
lecal Tribunals are concerned, the remaining; cases might be held to be concluded.
" It must, however, be clearly understood that any such arrangement, if made, would
only atfeet the legal remedies w hieh were o|ien to the masters and owners of these vessels in
the Aaierican Courts, and would in no dci^rce limit the right of llcr .\laje'r-ty"s t iovernment,
after all such legal remedies were considered to be exhausted, to inhuvene through
diploiialic eliannels and on internatioiiid grounds on behalf ol' such masters or owners."
Tia' suggestion, that the United Stales should agrei; to a test c ise for su!) nission to
the United .States' Suprenu! Court, was never acted upon. The cases of the United States'
vessels referred to in this despatch as having been seized under nrcumstanees similar to
tlioie of the IJritish vessels were discontinued by consent of Counsel representing both
private owners and the United States" Government.
No suit is, therefore, now pending before the Tribuuids of tiie United .■Stales, with the
i.'Xte|itii)n of the case ofthe " \V. 1'. S.iyward," n iSritisli ship, as bereinalt .r ex|ilained.
I'.i .lanuary 1887, it appears tlu' authorities in Washington direeteil the release of the
'' Onward," " Carolena," and " 'rhoriuon," the 188!j seizures referred to in the cable
m(.'»sa;4e mider consideration.
l'|iiiii this subject an extract from a letter, dated the 17tli .\ugust, 1881), fioin
•Mr. A. I,. Belyea, Attorney for the owner.s ot the vessels above rclerrcd to, aiul addressyJ
to ihciii, is appended to this Report. +
[1-28T
• Sir H. 1Io1!m.1, .liily 14, 1.S87.
t The Marquis of S^listjiiry to .Sir I^. \Vo»l, AujusI 10, 1SS7.
* .Viipcndix (.\).
•2 U
M3'2
In the year 1SH8, the Canadian GoveruintMit liavinf; ineiuired whether the vessels
seized could he honded witliou; iin|)(>inf; on the owners tiie ()i)lii;ation to uppeal,
corresipondence look ])liiee hetwien tiie Bi itisii am! the United States' authorities, aiul
upon the 21st day of June a Contidential despateli was ieeeive<l hy Lord Stanley t'lom
Lord Kmitsl'oril, inclosing a Meniorai.dnni. dated the 2»th .Ma\. lsss,whieli Sir L. S. West
had received. This Memorandum is as i'ollows: —
" Mrmorniidum.
" In the eases ot' the eondemned I5elirini;''s Sea vessels ;nul their earu;oes, it appears
that the Froetoi' thr some (and possiI)ly all) of the Hritish sealers failed to take an appeal
from the Decrees of Condemnation entered by the District Court at SitUa. Cinisequeiitly,
they iiave lost the benefit of the Attorney-General's Order ])erinitting release of tin
property on bond pending decision of the appeals, and. as tin- Decree-; have heeoinc final,
have no other than a diplomatic remedy.''
It would, tlieret'ore, appear that Her Majesty's (lovermneal were advised in 1^>8 thai
no appeal could be taken in the matter ol'the seizures ol' ISsC.
(3nc vessel only of all those seized in the ditfevent years was released upon a bond ol
security for costs of an appeal being' given, viz., the " W . I'. Sayward," the cireuni-
stanees attending which transaction are ;xplained in .Appendix (li).
The United States' Marshal at Sitka wms directed to take the remaining sehooneis (at
that time in possession of the United .'^tales' authorities, viz., the "(irace," "Dolphin,'
" Aima Beck,'' and " Ada") to liugct Sound lor immediate s:de.
The owners of the " Anna Beck." " (jrace," and " Dolphin,'' seized in 1887, bavin;,'
been refused leave to ap|)eal, p^rnlis^i()n was asked Ibi' bonding' tiicir vessels at appr.iised
value, and to have the sale Ihcn about to take place postponed pending the settlement oi'
the question.
After rejiresentation had been accordingly inatk , Mr. I'ayard informed Sir L. S. West
that the Acting Attorney-General had directed the postponement of the sale, and had
instructed the United .States' Marshal to vccfive bonds in lieu of the vessel.
Mr. Bayard subse(|uently inclosed, under cover to Sir L. S. West, letters from the
United States' Marshal for the District of Alaska, in which !ie reported that the orii^inal
appraisement of these vessels was evcpssive, and that the value had still lurtlur
deteriorated in conse(|uence of the chmate oi'.Maska. For these leasons the owners of
all these vessels, with the exce[)tion (jt the o.Mier.s of the ".•Xima Beck," refused to bond
them at the old appraisement. The owner of the '• Anna Beck ' alone was willing to give
a bond at the original a[)praisement. subject to a hnal settlement of the matter without
necessitating an apjieal to the .■^ii])reme Court of the United State?.
Accordingly, the Government of Cimaoa re(|uested 1lie British (Government to move
the United States' uutborities to aiitliorize the reappraiseinent in the cases of the
"'Grace'' an.'. "Dolphin," and to saucticn the bon(ii:;'^- of flw " ,\mia Beck" in the
manner proposed.
After much delay, it was intinrated thai the sale of tiie:-i
with, and a reappraiseinent and boniiing as above wouh
States' authorities.
From the correspondence licrcin leviinved, it will thus be seen tluit the only apjiwil
in the Canadian case from the .Indumeitt of the Court of First Instance which has been
preferred is in tlic case of the " W. F. Sayward," seized in Iss;.
This case has been duly inscribed in the Supreme C(nirt of the United States lor
nearly a year, iuid. on inepiiry, the Undersigned learns that it will not be reached in its
turn for argument for another year from this dale. It tiu'lher appears that the suits
regarding the United States' vessels seized imder similai ciremnstauces have been discoii-
tinned ; that no te.>t case was ever aurced upon : and that Ibe Unitiil St lle^' (icvciMiiicnt
w juld not sanction the udeuse and bonding of the seized \e-st Is pending a settlenicnt nl
the (piestion.
The ovvncr.s o' the " W. P. Sayward " having to await the almost entllcss dehu>
attending the arguments and decision of a ci '■ in the Supreme Com-t of tiie Uinted States
the questicai whether an appeal lies in such a .ise being also involved, and th(^ adniinistra-
tion of that country evincing no ilesire to \ iv an early decision in their Apiiellalc t'ourl
ujion the cpiestion at issia', flu Undi signed iiopes that Her Al.ijcsty's (Joverninciit will
not consider that the just d"i>.ia.:ds ,)i tnc Canadian (jovernmeni sboidd not be [ircssd
until the case of the " W. P. Say .'ani " is , isposed oi^
The decision ol the Comt in tlu l>i.--lriel of Alaska in Ibe case ol tlii> ' Dolphin, "«
case similar to all of the rest, proceeded upon the one ground, viz., that Behring's Sea wu»
vessels would he proceeded
not lie sanctioned hv the I'uitwi
333
1 ill 1><>8 tliat
Heck" in the
[cdc.l to tlu; United Stales liy Kiis^iii, iiiul tliiii tin- title in Russia at that time whs
exchi-ivc*
It will be observed tliat none ol' the sci;iiRs in lUliring's Sc^a ibnnin'; the suiiject of
colli ^piindenee between iler Majesty's (ioverninent iind timr of the Unite.i Stiitcs inyolve
tlie iiivesti'-'ation ot CDinplieauil facts. I'lcrc is no j-.rotension tiiat any > esse! seized was
within tiu^ O-niile or teiiitoriai limit. The sole (jnestion is the claim of t'lie United States
to tiu' exelvisive control over that part of the North Pacific Oc^au knowi ys the Buhring's
Son.
Till' Undersigned snliniiis that the laet thai iUissia once raiseci the same point docs
not I'lahlish on the part of the United States even n piimd f'icie case, especially in view of
till.' atiituiie ol'tlie latter country when such a chiiin was put forward by llussia.
So lonir as;o as .Inlv iS'sK, tlie views of the t'anadian Ciovernnieni. re;;ardini:
the pnipricty of owners of sci/.ed vessels ussiiininir the oi;iii;ation and responsibility of
a|ip<aliii,i; from the decision ol the Disirlci Court ut' Alaska were coniiiiunicated to the
Riulit llDiiourahle the Secretary of State tor the t.'oloiiics.
Tile ilcport of that date "dealt with a despatch of the ttth -March, 18H8. from Her
Aliiiesty's Minister at W.ishinntoii, relative to tile then pendiiisr procee(lini»s in the cases
(il the Canadian sealers sei/ed in l:)ehrin,;:'s Sea.
Tlic Coniliiittee deemed the ohliijatioii sou<;lir to he ininosed upon the owners pi'
Ciiiiiiilian vessels sei/ed in tiic llehrin^'s Sea of appealin-.' from the decision of the Maj^is-
tratc 111 Siika was " obviously one which cannot with juslice or pro])ricty l)e enlbrced."
'llii' lieport went on to say that '• some doubts exist as to the right of apjical ; and if it
>li()iild he held that no appeal will be. the bonds will he forfeited. Apaif I'rom this
risl<, however, which the owners of the vessels are asked to take upon themselves, it
a|)peai> that the Lcivinu of bonds of .vicb a nature woulii involve the admission that the
Ciiiiils of the United States had iurisdiction in rctrard to the sei/ures, and th.at the Laws
of the L'niu'd States applied in the cases of these vessels. Such proiwsitions could by no
nu'iiii> be admitted. The vcs.sels bad not enlci'cd within the waters over which the Laws
of ihc United States extend, and over vhich the !'..\i;culive or .hidiciaiy of thii' ountry
iiavi' any authority.
■■'I'll. ves>els in cpieslion were molested in their lawful occu|)atioii on uli" hic;li seas,
and Wen; -eized by vcs-els in the service of the I nited States, but iiossessini; no right
whatever to molest the peojde ol' Canada or their property on the ocean.
"Similar ontrajj;cs have been committed in tlie precedin;; year, mid the ve^-sels seized
tliiii Wire ordeied to be surrendered by the l.'nited Slates' authorities. In the present
c.iSv'S, then fore, the rcfietitiou of such acts of viiflence was a proecedin^- for which the
owners of the vessels have the liiiht to expect that Her .Majesty's (iovernnient will demand
ami e\;,( I redress. Thev should not lie tisked to seek that redn ss in the ('ourts ol aiiv
loieiiTii cuniitr} whatever: the Couits ol the United Stales have no more cot,Mlizance ofthcir
I'onnilaiiil tliaa the Court of any other ti)i'eifjn couiitrv."
'I'lie L iidersiuiied is not aware thai iler Majesty's (jovcrnment at an_\ time jjrcvious
111 liie cable mes»aj;e now under consideration intimated that the above ground 'vas not
"ill taken. On the contrary, previous to the receipt of thi> cable mcssajj;e the particulars
'ifevir\ seizure had been fnrnisheil by the Canadian (jiivernmelil to Her .Xlajesty's (iovcrri-
iiii'iH. the opinion o\' the Law ( lllicers of the Crown had been obtained by Her Majisty's
(iuieiiiiiient, advisinir that the cliiims could be pressed, and Ihc .Marquis of .Salisbury liad
in a ile-paich of the lOlh Sepleinber, ]H><7, to Sir L. S. West, dealt fully with the claim
sc! lip hv the Adiiiinistration of tiie Ignited '^tates in eoniicelioii wilh ihe^e seizure-, in
wliicli he viatcd : '• Iler Majesty'- {iovcriinieiit have caii'i'ully cunsiilered the transcript
iccoiii of ihe .Indicial proceedings in the Uiiitei' States' l.)i>tiiel Court in the several eases
"I llie schooners ' ( 'arolelia,' 'Onwaid,' and •Thornton,' which were coiuniunicatcd to
}oii ill ,liily, and were Iransniittcd to me in vmir despatch of the I'-'tli of that niontli, and
tliey eiuiiiol find in them any justilieation for the condemnation of these vessels."
It is Id i)c KMneinhcred that these arc liie seizures of iS.S'j, to which tlu; cable mestin^'e
lias s|iccial refereiici'.
'Ihe (ollowinu^ vessel^, whif' piirsuiiii;- their l;b\liil occupation in Ihc North I'aeilie
f>c'caii, have been wantonly sei/ed and molested by Uevciiue-cutters of the Lfnited States:
"Cainleiia," 'Jnd Aiiijust, lss(i; " Onward," -id Aiiyust, l>^.'^l»; " Thornton," Jind .\u!;iist,
iWi; " W. 1>. Sayward," Olli .Inlv, Isn; ; " Dolpliin," UJlli .Inly. KsST ; " Anna IJeck,"
'-'ml .liilv, |s<"; ■'•(irace," 17th'.lul,>, 1887; "Ada," -yAU Auuust, ]^^'7; '•Alfred
Ailaiii-." Cili .Mi-usi, l!'S7 (escapeilV; " rdack I>i>imond,'' 11th .Inly, K^^-^U (escaped);
"I'allilindir/' ii7ih AuL;n.sl, IhS'l: "Minnie,'' l.">lli .lulv, l.-Sl); hcMdes the " Fnvoriic,''
* .•sec l(ii|)url, Guwnior ot Alatua, IbS".
:iu
warned oft' under threat of seizuiv, 2nd Aui:nst, 1SH6; and the "Triinnpli," searched
lltli July, 18Sf).
Ill every instanee, a-< already staled, \hv Canadian Government lias [iLiced llrr
IMajestj's (jovcrntnent |)r()Mi])tly in |)o-isession of the inforniatioii in its jiossession, and it
is willi much re^ixt that, at this (late. wIkmi the period lor appeaiinp; has loni^ since
expired in the ease of the seizures of 18^(). the Undersigned learns that any further step,
are considered necessary to strenirtlu^n the demand made in Issi! upon the United Stiit>'
Government, more especially in view of similar outrai^cs now hcini; daily perpetrateil.
"With dclercnee, the Undersignt'd further suhmits that the intimation in the cable
despatch ahove Tnention<'(l is somewhat iniusual im<lcr the circumstances which attended
the seizure of the ships in (|uestion.
if tlu! alleged infraction of the Ijaws of the United Slates had occurred in the watcK
over which tlr\t country is or was entitled to exercise jurisdiction, the (,"onrts of the United
States could with propriety he first resorted to hefore pres>ing any claim for the immediate
attention of the Hxceutive.
In view of the lirmn(!ss with which the riuhts of I5rifisli sid)jects on the high seas iiavc
been maintained in the past, the Undersigned fails to a[)prcciate not merely any reason for
the long delay in ohtaining sati^,faction from the aggressive and hostile action exercised
against British subjects and Hritish jn-opcrty l)y the Uinled States, hut also for the wanton
continuance of this treatment liom which so niucii direiit and indirect damage and loss U
sustained by one of Her Majesty's Cidonial i'ossessinus. Moreover, the Undersigiu'd would
call attention to the imnnneiit danger of loss of life, not to speak of the physical siilhrin;
already sustained, since it reijuire-^ no arirament to sliow that the lawless violence on the
part of the Revemu' cutters of the United Stales' (iovernmcnt may at any time lead to
forcible resistance Irom the crews of Kriti.^h vessels being pursued and niole-.ted in their
lawful |)ursuits.
The Undersii;ned, thereloie. recommends that his l''xcellency the (iovcrnor-(jeiicrai
be moved to ac()uuint the Kight Honourable the Secretary of State for the Coloni(!s with
these views, and to urge that no fhrther time be permitted to clapsi' without securing for
British subjects in'.'anada the same freedom in the navigation and enjoyment of the
watei's of the Ik-hrih'/'s Sea which the United States claimed for the seamen of all
nations when the tei'ritoiy adjacent to that part oi the I'acitic Ocean belonged to the
Empire of Russia.
Kespectfullv sul unit ted.
(Signed) ClIARLKS II. TUPPKH.
Miiiislcr i)f Mdiiiir (111(1 Fisheries,
Appendix (A).
Ke llc/iriiK/s Sra Sci'.iircs.
To Captain ,Iohn (i. Con and William Munsie, i;s(|.,
X'ietoria, 15riti.-li t 'olnmbia.
Gentlemen, lirloria, AikjusI 17, I'^'^H-
In reference to the orders issued by the United States' Government i'or the release of
the British schooners " (.'aroleini." "Onward," ami " Jhornton," seized in Beln'in;:'s Sea
in 188G, and since detaiuerl at Ounalaska, I received in Augn-l last from the United
States' Afarshal, Atkins of Alaska, tlic following letters : —
"A. I,. Belyea. i;s(|,, \"ictoria.
" hisliiil of Al((sk((, Of/irr (if I'liilcd S/(itr\' Miiifhid,
" Dear Sir, ' '• ,S,7/.'s' yl(';/»>7 .|, |H«,s.
"Inreplvto yoiu' Idler of the I'lli.lnlv, I lia\e the honour to state that in the
month of Kebru.ary ISS7 ihr oliiccrs oi' the District (.'ourt of this district ivccivcd a
(]es|)ateh pur|)orfing to be from ihe Unittid States' Attorney-(!eneral, dirceling the release
of the sehooiurs ' Onward,' ' Thornton,' and ' ('iu-')lena,' l)nt, on what was then deemed
sufficient evidence, llu^ despal'di was thought to he a forj,ery, and no action was taken in
the matter until Ihe receipt in Orlober la^t (if anotiicr dcspat(di frr- - the Honourable
Attovnev (!i iieral, as lollons: —
"'Let tlu' vissels '• Carolena," '-Onward," and " 'i'lnnnlun '" be released, as ordered
ID mine of the ilth .laiuiary last."
" On the rcceijjf of tlie above despatch 1 gave notice thercot to Cajitaiii J. D. WurruD
335
and tn .Ml'. C. Spriiij;-, of Vicliiii;i, owners of two of the vessels, and should have ^'iveii like
notice to the owner of the ' Caroleiia ' had I known his address and name. I re(|iicstcd
Caiiiiiin Warren to notify all owners at Victoria, and Mr. Sjiring published the notice I
i^avi hini in the Victoria papers. This I decnied sntlicient notice to all the parties
cuiucnitd, 1 have not received any order fro;n W'asliiniilou other tlian uhavv mentioned.
" Very respectfully,
(Signed) " Baiuon Atkins,
" I'liitcd Stdtri' ^^lln•hnl."
'I'lie followini;; copy of the despafch referred to in Marshal Atknis' letter, and of the
order made thereon hy .lud^^e Dawson, ol' the United Stale>' District Court, Alaska, I
ubtiiiiied shortly afterwards iioni the oliicial records at Sitka: —
"To Judtre l^a Fayette Dawson and M. 1). Jiall,
•' United State>' District Attorney, Sitka, .Maska.
" Wiishiiiijidii, JuniKinj 2fl, 1887.
"1 am directed by the I'rcj-ident to instruct you to discnntinnc any further jiro-
eeedinjrs in t!ie nritter of the sei/.nre of the 15ritisli vessels 'Carnlcna.' 'Onv.ard,' and
'Thornton,' and discharge all vessels now held under such seizure, and release all persons
that may be under arrest in connection therewith.
(Signed) "A. If. ('•\Ki..\\n, Adorncij-Gnirral."
" Co mi of Onhr.
"To liarton Atkins, United States' Marshal for
" District of Alaska.
" You are hereby directed to release the vessels ' C'arolcna.' ' Onward,' and
'TI)(irnton.' and 'San Die^o,' whicii were seized in Belirin,i;'s Sia for violation of
fcctidii i!)."if) United States' Statutes, tuijether with their tackle, apjjarel, skins, guns,
aiiiMiaiiition, small boa's, and everything pertaininu' to said vessels.
•This 10th day of February, "l8S7.
(Sii;ned) " I,a I'wrrTr; \)\\\%ns, l)iMrht .ludije,
" lYistrlct of Alaska."
About the time I received the above left r 1 met the Marshal in this city, and asked
him why no otlicial notice of the release of these sehuouers had been iriven to the owners.
Ill l'i'|ily, lie said he tli(iuL;ht it had been done, but if not he would attend to the matter on
\i\< return to Sitka, .'^ueb notice not coming to hand as expected, 1, on the IHth October
Iblidwini.'. wrote the .Marshal as follows: —
' Iwiton Atkins, Fscp, I'uited States' .Marshal,
"Sitka, Alaska.
'My dear Sir. •• I'irlorin, llrillxh ^'uliimhid. Ortnlirr 1»), 1888.
" ^'oii may remember a e<invers:ilion 1 had with vou when in \ ietoria in rcferi'nee to
oii-iceeipt of ollieial noliee of the release of the schooner ' Carnlcna at Ounalaska
the 11
liy her owners. At their request 1 have to ask that you will kindly forwai'd the same to
iiie by return mail. The ouiiers, as you may notice on relet riu'^ to tiie recmds of the
t'ourt, are .Mimsie and Co. (.Munsie aiul Co.) of this city.
" I am, \e.
(Signed) "A. L. Hki.yka,
" Allornoy for Mnnsii' and Co."
liy reiuin mail 1 received I'rom the .Marshal a letter, saving that oliicial notice had
lieensciit lo the owners ot'tlie " Carolena," wilb an order direetin'_' tlie Deputy Collector
''it Ounalaska to deliver the vessel to the owners, which notice and order are to be tinind
111 pp. 7 and H ot' .Mr. .Milne's statenu nt. Thus it wa> that not till nearly two years aifer
fill' Uashinnton authorities ordered the release oltbi< ves-el, and tin ii only after a-kinir lor
it \va< such notice received; and to this da)' the owniis of the " 'I'hornton " and
' 'inward " have received no such ollieial notice or or er lor delivery, and could not, if
tln'V so desired, obtain possession of their vessels.
The ti|ri;raui oideiiuL: the release was received at -itka on the ".Hh {''ebruary, 1.^^8.
Ill' vcs-tls weie then under order lor sale, which order .ludi;e D,iwi-on iiiunediatelv
icvokod, anil on tlie 19th ol siiuie month made the order for tlip I'deasc ahovo recited.
This order was given to tiie Mar>hai. hnt tiir the reasons ajipareiitly nieiitioned in the
-Marshal's letter to me ol'thc 4lli Atiirust, 18^?^, (he matter drDpiu-d.
The oifieials at Sitka took no steps to had out wliether th" tcleiirain was i^eniiinc or
not. nor did they, so far as I can learn, ever afkno\vledi;e oi' notitV the Washinstoii
authorilies of its receipt. 'I'liis shufHinir on the part of thi' Couit Secretary calls " so.nc
niisconcoptjqn and nnstake," hut those who know an I hivi' I'ilr ihe power of the Alskii
Cninincrpial (,'oini)anv in Alaska call it a vastlv ditferem niine.
A])i)e'.idix (B).
E.vlriiii of II Lrllcr frmn Mr. .(. L. I'vhien In tlif Depi'lii \fiiiiyli'>' of Fixlfricx,
"'I'lie [ihe owner] had yone to Sitka to secure, if i)ossil>lc, the release oi all tiii'
schooners seized in \H^~ . viz.. the '■ Grace," " Dolphin," •' .\nna Beck," " W. P. Say-
ward," and '• Ada." 'i'hc hond on release '.vas conditioned on |)rosecutinir an .appeal from
the Alaska i'istrict Court to the Supreme Court of the United States. The furniai
motion thus became one tor leave :i perfect an appeal, i\ud such motion I'or eai^h of the
vessels was made! on tlic l-ll!i .\pril lasi hefore .Judge Dawson at Sitka, and in evtrvcase
refused, on tiic grounds that the time tor allowing an ap))cal liad expired. Captain
Warner's ('ounsel then applied I'or a record ol' the order refusinii; leave to appeal. This
was on Saturday. On .Monday following-, April tlu; Kith, without any a[)plication thereloi
hy the del'eiulant ov any one on his hehall'. .duke Dawson oti'eied to riisuind the order
of Satiiiihiy in the case of the " W. P. Sayward," and release her to the owners. She
was then lyini: at I'uiitt Sound, undc!' .m older for s.de on that day. The otfcr wu?
accepted (cont)'ai'y, as Captain Wan en says, to the expirclatlon of the United Suites'
autliQriiiej at Sitka), and tiu' order of the previous Saturday rescinded, and leave i,'r.iiiteii
to apj)eal. I am not iufornied as to the amount of the bond."
Appendix (B 2).
[This is identic witii Appcndi\ (A) from Mr. Atkins' letter of Ausust 4, I'^SS. to
the cud. I
No. 239.
Mr. ICilirurilcy to llir ^[^n■<|lll■•< of Sulixlidri/, — [I'l'Cfivi'd Orfolicr '_'><.)
.My Lord, lyoxhiiiijlnu, Ocloher '.», 18^9.
\\ ITII )'cfer(!nci' to the (|uestion of a[)peats filed in the Snpreine Coiirt hy owiiei'sol'
sealers in liebrinn's Sea, of which U|) to now it has been believed that there were noiif
Init the ca^e of the " ' W. 1'. Sayward ' r. the United States," I have the honinir tu
inelijs? a copy of a .Memnrauduiu which I have received Irom .Mr. Caldcron Cailisk' ti"
the Hubject of an uppe I, vi/., "The schooner 'Sylvia Mandy ' r. the United States," wliicli,
it appeiirs. had escajied the notice ol even the Cldk of the Court, in spite of the inaiiy
a|)plieations which have of hue, under the direction of Her .Majesty's Legation, hein
made.
I .shii|l not f.iit to -ecurc copies of the record, should it he priiued.
I have, &c.
(Si^nedi II. C. KDWAKDl'.S
337
Inclosure in No. 239,
Mcmorniidum as to the Cast' of the fivhtioiicr " Hi/liin Hiiiuly" v. tin;
{Octoher Term, 18ts<), Xo. 683.)
Unilcil States.'
'I'lIK Clerk of tlu' Siipii'iiK' C'oiirl tulL'|)liont'cl me yesterday that he liad discovered
(he above iippcar on the ('ockii, oT the Court, of wiiieh lie knew iiothin|.' on my last visit
there. Tiie record, which I have examined, is practically tlie same as that in the case of
the " Sayward." It seems to have been filed on the 16th June, 1888. .\Ir. McKenna,
Member of Congress from C'alitbrnia, entered his appearance to secure the filing of the
record, but the real Counsel in the ease is Mr. Ilowell L, Powell, 207, Sansoine Street,
San Francisco, California.
The Clerk's attention was called to this case by the visit of local Counsel yesterday,
to learn the expense of printini; the record in the case. There is included in the record
a brief for claimants, which discusses the pretensions of llussia in Behring's Sea. The
tcliooiier's car^'o consisted of 1,07'J skins, and the schooner and her cargo were appraised
at l2,()73-25 dollars.
The schooner is described as of San Francisco, appears to be registered in the United
States ; and there is a certificate of de|)osit of some of her papers with the United States'
Consul at Victoria, British Columbia. The ca()ture was made 17 miles from Cape C'heerful
ill 'i^ 12' north, IGfi" 50' west. The vessel was captured on the 2nd September, IS87,
with forty-two unskinned seals on deck.
(Signed) C, CARLISLE.
Washington, October 1, 1889.
No. 2iO.
Mr. lulirnnlns tn iho Martjiti.i of i^alishuVii. — {^Received Orlnher 2^.)
\fy Lord, Wasliimjlnii, Orlohrr 15, 18s!0.
I HAD the honour to receive your [^ordship's telegram of the 14tli instant, in which,
with reference to my despalch of the 12tli instant, you itii'ormed tne that the unoflicial
a>.'iarance uiven to Her .Majesty's (jovernmcnt by .\Ir. Bayard that no turther seizure of
British vessels in Behring's Sea sboidd take phu'O jiending the di.-,cussion of the points
lit i^siic between Her .Xhijcsly's Government and that of the United States, which was
rekrre<l to in yonr Lordship's (lesj)atch of ihe 2n(l Octoher, was the assurance which was
given uiiollieially by the United States' .Minister in London and also by Mr. Bayard to
Sir L. We-t in tiie month cjf .\pril last year.
With the view of remoNiuL: any misconception on the part of Mr. Blaine owing to the
rejily 1 had given to his nujuiry when re.iding yoiu' Lordship's above-mentioned despatch
tn liiiii, that i believed the assurance referred to was given by .Mr. Bayard in a letter
adiliessed to Sir J^. West, and that the letter would be found in the prmted correspon-
dence on the subject which was laiil before Congress this year, I wrote to Mr. Blaine a
letter, u copy of which i have the honour to inclose, in accordance with the information
with which your Lordship did me the honour to furnish me ia your telegram above
referred to.
1 have, &c.
(Signed) IL G. EDWARDiiS.
Inclosure in No. 240.
Mr. lulira riles to Mr. Ulitiin'.
•My dear .Mr. Blaine, Washington, Octoher 14, I>89.
WIIIvN 1 had the lionour to read to you on Saturday, the 12th instant, two
despatches ad<lresseil to ine by the .Mar(pus of Salisbury on the subject of the seizures of
liritisli sealers in Bchring'.', Sea, you in(iuire(l of me, when I reached the passage which
runs as lollows : "Mr. Bayard did, indeed, communicate to us, unotlicially. an assurance
tliiil no further seizures of this uharueter should take place pending the discussion of the
i I28J 2 X
338
questions involved betweon tlie two GovcrniTicnts," if I foiiUl toll you in what way tiiis
assiiiaiuc was unolliciiilly coiniiiuniciitud to Her Majesty's (ioveniiiiciit.
1 replied that I helicvfd it had been so comiiuiniciitcil in a letter addressed hv
Mr. liayard to ?^ir L. West, and that that letter vvt)uld he found in the printed corre-
spondence on tiie sid)ject laid before Compress this year.
I have sinee learnt that the assurance which Lord Salisbury had in mind when writinf
the despiitch 1 read was not that to whicli I referred in my reply to you, but was an
assurance eoinmunicnted unotficially to his i^ordship by the United States' Minister in
Ltindon and also by Mr. Hayard to Sir L. West in the month of A]iril last year.
I have, &c.
(Signed) H. G. KDWAliOES.
No. 24 1 .
FoTsiijn Office to Colonial Office.
Sir, Foreiijn Office, November 2, 1889.
I H.^VE laid before the Marquis of Salisbury Mr. Meade's three letters of the
24tb ultimo, with their inclosures, relating to the <|uestion of the seizures of Ikitish
seulinff-vessels by the autiiorities of the; United States in the waters of iiehring's Sea.
In reply, I am directed by his Lordship to reipust that you will state to Lord
Knutstord that copies of all these paper.3 will be forwarded at once to Her Majesty's
Minister at Washington.
I am to suggest that the Govcrjior-General of Canada should be informed that
Sir .Iidiaii Pauneet'otc, belore leaving for his post, was instructed to take the earliest
opporliinity of discussing the (piestion with Mr. lilaine.
l-ord Sidisbiiiy ])roposes to awiiit Sir .Julian's Kej)ort before deciding as to what
further steps should be taUen in the matter.
T am, &c.
(Signed) T. 11. SANDERSON.
No. 242.
Titc Marquis of Salisbury to Sir J. Poumrfolr,
Sir, Fareiijn Office, Nomiilier "), li^^',).
I H.W'I'- received Mr. ICdwardes' despatch of the l.Otli ullinio, forwarding copy nf
the ])rivatc letter which he addressed to Mr. Blaine ies|)ecling the unollicial assurance
given to Ilcr Majesty's {Jovcinment that no further suiziue of British vessels in liehrini;'>
Sea should take |)lace pending the discussion of the points at issue between the twi>
Govertuuents.
Mr. Kdwardes' action in this matter is a])proved bv Ih'i
I have to inform you thai
Majesty's riovernnient.
I am, &c.
(Signed) SALISIUIKY.
No. 243.
Sir ('. fjiimjinou iiiifl Co, to Forelijn Office. — {Receieed November 7.)
Dear Sir, (i4, Queen Street, London, November G, 1889.
WH addressed Lord Iddcsleigh on the I2tb November, 1880, on the subject of the
Bchring's Sea seal fishery.
Since that time the number of seiiliiig-vessels. mostly owned m Biitish Coluiiilii'i
has steadily increased, imd this year, owing to the high prices obtainable for the skins, :i-
many as tifty schooners, some of them fitted with st<'am, and amply provided with fin-
arms, have been engaged in the capture ol fenude seals.
at wnv this
33!)
Il is cstiiimti'd tliat, tlicir cat(tli lliis season uili aiiuiiiiit ti) no less than -lO.OdU skins.
This luiiiilii'i' (Iocs not, include the many animals killed or mutilated, but not retrieved.
Xow, it' this indiscriminate slaughter of I'emale seals cainiot he stoi)|)ed, or at all
t'vciils rcstriclcd, hv some International AijreetneiU (as to a close time, for mstarice), the
iiiiiinal will, hi'tor(! many years are over, heeome extinct, and a lar','c industry, in uliicli
(Irciit I'.ritaln is deeply iuterestid, will he lost.
Already tlur.: are unmistakahle siijns ihat the nuud)er of seals annually visiUno; tin-
tun hreediliL;' i-lands in I he liehrinn's Sea is deeleasimr, I'dv I'rom Re|iorts ialelv to h.iud,
we learn Ihat the Superintendent on the islands, which are leased from the United Mt^Ues'
(ioveinment hy the Alaska Cotnniereial (Company of San l''rancisco, has this year (bund
cdiisiderahU' ditHculty in ohtainiu}; the usual quantity of desirable male seals, and csti-
iiliites (hat the herd has decreased fully one-tinrd in the last ten years.
In submitting these facts to you, we would urge the importance of arrivinL; at a
spuedy settlement of this question belbre it is too late.
We are, &c.
(Si^mcd) C. M. I>AMPS()N ano Co.
No. 244.
CulonidI Office tn Forei'jn Office. — {Received Novevther 8.)
^'<r, Doirninij SI reel, \ov(:iiilirr H, lS8i).
I AM directed hy (.ord Knnlslnrd to transmit to yon, to he laid before the Manpiis
III' Sidishury, a copy of a depatch IVom the l)eiHity-(jovernor of ('auada rclatim; lo the
()ue»tion of the ]5ehrini;'s 8ea seizures, from which it appeals that the 1 Ii;^h Commis
sionci' for Canada is to be instructed to place himself in communication with Her
-Majesty's Coveranient, with the object of expediting; a satisfactory settlement of the
sencral (|uestion.
1 am, &c.
(Si-iied) JOHN i5HA.MS'|'()X.
Inclosure I in No. 244.
^ir ir. J. Riir.hic In Lord Knutsford.
roved by Ih-r
■^ly ■■'ii'<l. ^ Ollaini. Orlohcr -2:), 1889.
1 II;\\ \\ the honour tn forward herewith a copy of an a])proved Miimte of tlie Privy
Coiiiicil, having' reterenee to the course whicli the owners of British schooners seized m
Hcliriim's Sea hy the C'nited Slates' cutter "Rush" i)roposcd to follow in the event of
'iiptiun Sheppard's arriviiii,' at Victoria.
Your Lordship will note the reeonunendation of the .Minister of .Marine and Fisheries,
lliat the Hii;h Comn.issioncr be instructed to place himself in personal connmniication
with Her .Majesty's novernnient, with the o!)ject of expeditini; a satisfactory settlement of
the ircneral (|uestion of seizures in Rehrin'''s Sea.
1 have, &c.
(Si-ned) \V. ,J. lUTCFIIE, Dqiuhj-Gormwr.
Inclosure 2 in No. 244.
li'lioil lit II ((iiiliiiitlrc (if ill,' ll'iliDiinililc llir I'lili/ ('niiiril, ii pin iiiril In/ lii.i lii ci'lli'lini
i/if (liiici iitir-di'iirial ill Cijuiiril itii llic \>Ui Oeioiii'r, I.^^M).
ON a Kcporl. daud lln' rjth ( Jdobrr. |SS!). ||-,iin the Mnusler nl' \l,n-me and
I'i'huirs, slalm;; thai ihe liillowniL' lele^'ram has been received from Me^M . ( 'arnie mid
Mmii.-u, ,,f \ icloria, iliili.4i Columbi.i, on behalf of parties interested in the lur-scal
I'sht I'lcs of lii'.fing's Sea :-•■
340
"Cutter 'Rush' expected liere. Owners of seized scliooncrs tliiiik of holding
Captiiin Sheijpard to hail in action for daiiiages. Wiiat do you advise i""
To which the Minister replied as follows : —
■' 'reit'firam yesterday received. Cannot advise under present eiieunislauces, but I du
not anticipate any henelicial lesult from such a course. "
The Minister submits that, while his reply diseouraned the action enntemplutcd by tin-
jiai'ties inteiested, it is (|uite coi.ipeteiit for any l?i'itish subject, to institute such proeeedini;s
under the Law of Canada.
The Minister desires to refer to a newspajjcr cuttini;, herewitii annexed, taken from
the " Ottawa Citizen," purportin;; to be a report of a reply by Captain Slieppard, of tlit
United States' Heveiiue-ciitter " Kiehard Knsb," to an imiuiry whether he bad any know-
ledge of the intention indiruted in tiie above teU'iriaui.
The Ministei', with rel'erence to the in(()rinati()n supplied from time to time to IIk;
Iinperird Government on the subjeet of the seizure of Hritish vessels in the l>ehrini,''s Sea,
and to the great national im|)orlanee of the earliest possible settlement of the question,
owing nut oidy to the continuation of the outrages during the past season by Uiiitcij
States' Revenue-cutters, but to the growiiiir (liHU)t on the part of the Canadian people as to
whether ller Majesty's (lovermnent will actively support the demands ol' the Dominion
of Canada iii ei>nse(|uenee of the loiii; delay which has taken place iii arriving at a satis-
factory adjustnu'nt of the (picstion, reconnuends that the High Conmiissiouer lor Ciiniidii
m London bc> directed to place hiniscll' in personal eoinnuiniiation with ller Majt'sly's
Government, with the object of expediting in any way he may be able to do a s|)ecdy and
satisfactory settlement ot the (piestion.
The Committee advise that your Excellency he moved to forward a copy of tliis
Minute to the Right Honourable the Secretary of State for tlii' Colonies, aiul that a copy
be also sunt to the High Commissioner for Canada.
All which is respectfullv sui)mitte(l for your Hxeellencv's approval.
(Signed) .IOII'N .J. McGKE, Clerk,
Privy Cnuncil.
Inelosure .'3 in No. 244.
lid I '-net from tin- " Olluini Citizen " of Oelolicr 12, 18S9.
Sentlle, U'lishiiKjton, Oclolier 11, 188'J.
THE United Slates' Revenue-entier "Rush'' arrived here yesterday from Alaska.
Eicutenant-Commauder Slieppard was interviewed rcgardinE: rumours current here that
Rritisli Columbians were lying in wait for him to punish him (or seizing their schooners.
The Conunander smiled, and said he had not heard of any .^ucli ihreats until he had read
them in the papers on bisanival at Fort Townsend. He siud that luMlid not believe
anything of the kind had been uttered, and the statement must have come from irn'S|ioi!-
sihie ])ei>()ns. If there was any tiuth in it, and he could have been apprised of it in tiau'.
he woldd have steamed into \'ictoria. and have shaken the American flag in the face of the
\'ietorians. lie said he was on good terms personally with the prominent men in Victoria,
and did not believe that any indignity to an American (Jovi'rnment ship woidd he cotni-
tenanced by the people of Victoria.
No. 24.'3.
Sir J. Pauncefote to the Mnniuis of Siili.-hiirij. — {Ueeeiied Nrircmher 1 1.)
My L'.nl, Wnshimjloiu October .'M , ISSf,.
I II. WE the honour to inclose herewitii copies of an article which has appeared in ;i
San Francisco newspaper on the subject of the seizures in EchiiiiLr's Sea, which maintain-
the exclusive jurisdiction of the United States in that sia. The article is written by
Mr. I'tdloii, one ol the representatives fur the State of Califoniiit in Congress.
.\n answer to this (copies inclosed) appealed in the New York " Evening I'ost," ll"-'
341
autlior of wliich is Mr. Robert Uayncr, wlio lias already written a very iihic letter on this
subject.
I have, !kc.
(Signcil) JULIAN PAUNCEFOTE.
Inelosurc 1 in .NO. "J-lfi.
Edclracl from tlir " .S«/i Francisco Argnmiiit" of Auijtisf 12, 1889.
TlIK Ql'ESTION OF BeIUUNG's SeA.
(I5y Charles N. Fclton.)
[The annexed article, by tiie Honourable Charles N. Felton, Member of Congress,
will 1)1' found of nnieh interest, particularly at this time. Mr. Felton is thoroughly
Conversant with the subject, as he was a member of the Conference Committee between
till' .Senate and the House which caused the passage of the iiill amendatory of the Laws
regulating the fur-seal tislieries in Behring's Sea. This Bill was passed during the closing
hours of the Cleveland Administration. — Lds.]
IN view of the fact that the Government of the United States has seized the British
schooner " Black Diamond," confiscated the vessel and cargo, as rc(piired by our Statutes,
for evasion or infiingenient of our laws, and thai our right to do so is questioned, and
pi'rliiips may become an international (picstion, it occurs to me that a statement of the
iaci;- upon which is based our rights and title would not be uninteresting to your readers;
lii'iirr, 1 will atteinpt to give them such a statement.
The title of the United States to Alaska and the Hehring's Sea was ac(|uired from
Russia by the Treaty of Cession made in i8'i8, in which she "ceded and conveyed all the
ri;;hts, franchises, privileges now belonging to Russia in the ceded territory or dominion,
and appurtenances tiiereto ;" the same being conta'ned within the geographical limits
lipvcin set forth, to wit : —
"The eastern limit is the line of demarcation between the Russian and British posses-
sions in North Ainerlea, &c. The western limit, within which the territories and dominion
conveyed are ecntained, pass through a point in Behring's Strait on the parallel ol (),V 30'
iioilli latitude, at its intersection by the meridian which passes midway between the Island
of Kru^cnstern or Ignalook and the Island of Ratmanov or Noonarbrook, and proceeds
iluc north, without limitation, into the same fro'/en ocean. The same western limit,
lifu'liiniiig at ihe same initial point, proceed.' thence in a course nearly south-west through
Uilirina's Strait and Behring's .Sea, so as to pass niiduav bclwcin the Island of Attoo
ami ilic Copper Island, of the Kormandorski couplet or group, in the North I'acific Ocean,
tn the niciidian of lil.'f west longitude, r,o as to include the whole of the Aleutian Islands
I'iist of that meridian."
Russia's title was based upon the followini;' facts: —
Behring's .'^ea, lormerly called the Sea of Kamchatkn, was discovered by \'i(ns Behring,
a Russian s\il>ieet and ofKciu', in \7'2!'). I'rom that date to that of the |)m(diase of .-Vlaska
liy the I'nited Statts, its waters were surrounded hy Russian tciritory, except Behiiiig's
^trail iiiiiai the north, and the south-west outlet to the .North I'aeilic Ocean. Soon alter
its (li-covery, it was oceu|)ied by Ilus-ian citizens as traders and Im'-huntcrs, and several
trailing stations were established upon its coasts and islands by Russian subjects.
In 174.'), the Aleutian Islands were discovered by Russia. In 1708, Behring's Sea,
the uholo archipelago, and the Peninsula of Alaska, were ex|)lored by an expedition
ordeicd by the Finpress Catherine. Snbseipiently, R\issia caused four other ex|)loring
t'^pcditioris to be made, in \7xi), 180.3, IHi.', and 18l'(;. \'an<(iuver discovered the coast
»M>rili-h Colutiibia in 17i)0, and in the same year the ('olunibia River was entered by
'ir.iy. It will be here noted that Russia's discoveries ami titles on the north-western
const antedate those of the- other nations some sixty-live years.
In I7')4, the Russian ( iovcrmncul granted the right to traile on the Aleutian Islands
t'l a Russian ( 'oi!i|,'anv, who created and conducted a considerable number of trading
slatioii>.
In I7!i!), the then Russian Kmi)eror I'anI issued his Impi'rial Ukase, asserting the
Dominion of Russia, by ri'j;ht of diseoveiv and occupancy, to all the territory embraced
3-lti
fioiii ru'liriiiii's Siiiiit oil llir iioitli 1(1 tlu' iJ5ili [iiiiiilli'l on ilic Aiiiciiciiii coast, iiiiii us i;ir
suiitli as Ja|mii on tlie coast of Asia; aiul iiivosti'd thu Uiis^iMri-Aiiu ricaii I'oiniiaiiy with
its absulutf control, and, if necessary, the land and nuval I'orces ol' tlio I'^npiic wuic
ordered to niuintain tlicir jurisdiction. 'J'o tlii-. Imperial net no [irolcst was made oa tin
part of any ot the nations, nor were Russia's rights disputed or (piestioned. Tims tacitly,
at least, all the nations conceded her ri:ilits, hascil lirst u|)on discovery, and next ii|ioii
Continued ueeupaney and pcicv-rul and n!idi-[iuted pos,-es-,iun for nearly tlirte-(juartor5 u|
a century.
In 1^21, upon the complaint ot' this Company to the llns^iaii (lovernment that tlnii
riiiihts under theii' Cliarli.r wci'e heinj; disturiicd hy ihe inter(eri;nce ol l'oreiL;ners, the tlim
Kmperor Alexander issued his Manifusto, exlendini; his donunion to Iho '')lsl parallel (ju the
North American coast, and ])rohihitin!^ foreii;n vessels from apiiroachiuL; within 10(i iniLs
of the shore. I i|uote ti'oni said Manifesto as follows : —
" Section 1. The transaction of counnerce, and tiie pursuit ol' whaling and fishing, or
any other industry, on the islands, in the harbours and inlets, and, in general, all alnn:'
the north-western coast of America, from RehrinL;'s Strait to tlie 51st |)arallel ol
iiortiicrn latitude, and likewise on the Aleutian IslaniN, and along the eastern coast oi
Siheria, and on the Kuiile Islands — ^that is, from ISeliring's Strait to the soutlicrn
promontory of the Island of I'rup, viz., as far south as latitude 1,0" ')()' north— iin
exelnsivt'ly reserved to suhjccts of tlie i\iissiaii JMiipire.
" Sec. 'J. .Accordingly, no I'oieigii vcssi-l shall he alloued either to put to shore at iiiiv
ol' tile coasts and islands under Kiissian dominion, as specified in the preceding section, or
even to approach the same to within a distance of less than lOU Italian miles. .Aiiv
vessel contravening this provision shall he subject to confiscation with her whole caru'i)."
To this edict, the (Joverninents of the rnitcd States and (Ireat IJritain eiiturid
j)rotcst, in so far as it extended the dominion of Russia 4^ south, and to the lOO-inik
limit. Mr. .-Vdanis, then Secretary of Stale, conceded the boundary named in tlie Cliarlfr
to the l^ussiau-Anierican Company, viz,, to the fijth parallel on the coast of the Xoitli
I'acilic Ocean, hut resisted the claim of Russia to the coa.st between the "jlst and 'M
parallels north, also the exclusion of Aincric^aii slii|)s from the North Pacific Ocean,
slating that " with the Russian Settlements at Kodiac, or at Sitka, the United States may
liiirly claim the advantage of a free trade, having so long enjoyed il inmiolested, and
he'.:'ausc it has been, and would eoiitinne to be, as advantageous to those Settlements a.* In
them."
Mr. Adams also said, " It may sniHce to say that the dist.ince from shore to shore of
this sea, in latitute "il" north, is not less than DO" longil iidc, oi' 1,(11)0 miles," havin;
exclusive rel'eiencc to the Pacific Ocean.
Treaties, there is n
country or
and maintaiiK'd by liussin over that sea from its
to the Unit< d Stales, a period ot over 140 years.
uf
■''
liscovery to its partition and ccssiuii
las never been ofli(!ially (|uestione(l or
lo-(ia\, lienrings Sea men uenig called llie Jiea ot Kumeliatka.
In these Treaties, there is no allusion to, or surrender of, Russia's dominio'i ovtr
Delinng's Sea and the Aleutian chain of islands by expression or inlt'icnce. Ku.s>ij
surreiidi'red or abaiidoiiid her claim only to the eonlriil of the North Pacilic Oce.iii anil I"
the noilh-uisi coast sotilli o( lalilnde .")4" north, yet her titK; to the .\leuliaii Isl.iml'
extendin.; as liu' suiilh as 01' north latitude and longitude I'KI" to I (!7' weal, is nut ami
never iias .'cen difimted or invalidated
343
It will h(! ol)scrvc(l l»y (lio ilrscii tion of frrritory U'laiited to us ii\ our piiiX'liiisc of
Alii^kn. tliiit it> wpstcrii lioniidnry diviilcs lkliiiiir»'s Sen between us an;! Silieiiiiii Kussia,
and tlie Ihet chiimiI l)e suecesslully denied, ms it is ii iiiiiltei' nt lii^torv. tliiil Hiis.si:i, iVoiii
licr discovery «it |{eiiiiii;,''s Sea down to the e'cssioii to the I'nited Sliites. lias CDiiti'olled
tlic iia\ii;:itioii oC its waters anil the takiuff ol' its mariue lii'e. To iln\ end lier navy has
|i,ilrnlleil it, and, in |)ursuanee ot her laws, taken, eonlisea'ed, and hurned niaraudinj.'
vessels; slie has since |iuisucd, anil is now pursuing, tlie si;uic policy on her |)art of
Behri Ilia's Sea.
Fm eonlirniat.ioii of this, I quote from flie ollicial order issued iiy the I'lissian (Jovern-
mcnt, a- kite iis the irith January, 1882: —
" Adiici'. — At, the retiuest of the local authorities of Jieh.iino; and otiier islands, the
l'mlir>i'.^ni^d herehy notifies that the Rus-ian Imperial (ioverninent p(d)lishes, I'or ijeneral
kiiowk'iL'e, the I'ollowin;.' : —
"1. Without a special ])erniit or lieeuee from the (ii)\ernor-Ceneral of Eastern
Siliiria, foreign vessels arc not allinve'l to carry on Iradin;;. huntins^, fisliini;, Ike, on tiie
Kussiaii coast or islands in the (Jkhot.-k and Hehrini;'s Seas, or oi' the north-east coast of
Asiii, nr irilliin llicir si'ti boiindiirti-imr.
"a. rorei^n vessels t'ouiul tradin.tc, huntinu', 'ishiiiL', &e., in Russian wi'lers without
a iieeiue or permit from the (Jovernor-CJcncTal, and also those |)ossessing a licence or
permit who may iufrini;e the existing.' hyekius on hunting', shall he eontiseatcd. both
vL'ssels and cargoes, for the benefit of the (joverninent. 'J'his enactment shall be entorecd
luiici'lorth, eoinnuiicing with a.d. 1882.
"(i, '1 he enlorcenient of the above will be intrusted to inen-ol-war, and also llussian
mcrtliant-vessels, which, for that ])urpose, will carry military ditacbinents, and be
]iri;videil with proper instruction^."
Till ri is nothing ambiguous in tiie language of tliis I'loclamation. It means that
Russia will enforce her sovcreii;niy over the western half of Mebring's Sea, within her ''sea
liuiiiiilary-line."
'1 lie ces>ion of Alaska to the United Slates by Kiis-^ia, and the terms of the Treaty
makiiiir such cession, were w I'll l^nown to all nations, yet no protests or objections were
made, tlioiigli it was well understood to convey the title to the waters of lichring's Sea.
The diseussiou of the Treaty in the United States' Sen.ite was notice to our nation and to
all the world. In confirniation of w Inch, I (piote from the remarks of Mr. ( 'hai les Sunnier,
(liiiinijan of the ('onmiittee on Foreign Allairs of the Senate of the U'nited Slates, at the
liiiu' (il the consideration of the 'J'lcaty. Mr. Sunnier said, speaking for Ibe Treaty : —
'"The seal, amphibious, pulvyamou.-, and intelligent as the beaver, lia> always >u|)plied
llii; laryest multitude of lur> to the l!iis»iani Company.' After eui:meiating the land furs,
tlii-'vahie of the walrus for ivory, he adds: 'I mention the .>ea-olter last ; but in beauty
and valiii' il is the first. In these' respects it I'ar sui'passe.> the river and land otter, S:e. 1
(iiine iiuw to the (isheries, t!ic last head of this iiKjuiry, and not inferior to any other in
iiiipiirtaiiee ; perha]is the most important of all. What e\ en arc sea-otter skins nv the
^iili'of that product of the sea, inealculable in amoLint, whieh contributes to the sustenance
iil'llir human family r' "
Thus showing that the ac(|uisition of the pioducts of Hi hring's Sea, its I'ur-beuring
■•"iinals, ami lisiieries, were regarded as the chief objecl ol the pureha.se.
Airaiii, Air. Siininier, in tiie course of his remarks, said :- —
"'Traversing Hehring's Sea midway between flic Island of Attoo on the east and
flipper Island on the west, to llii' nieridiaii ot 17ir east ioiigitniK, leaving the prolonged
,-iiiiip iif the .Meutiaii Islands in the possessions now transli. rnil to the Uiiiud States,
iiiid making the western bouiidai\ of our country the dividing-lme which separates Asia
iiDiii Ainericii.'"
.Mr
■•uinmer agani said : —
"' In the Aleutian range, lu-idi inmiinerable islets anil locks, there are not less than
fifty-five islands exceeding '■'> miles in length; there are seven cxeeeding '10 miles, \'.'ith
Oiiiiimak, which is the largest, exceeding 7'i miles. In nur jiiirt of lirhriiKj's Sra there
arc live considerable islands, the largest ol «hieli is St. I awienee, lieinu more than
'.'fiiniksloug.'"
344
Noto llic cxpivssioii of tliu (listinmiislu'd Seiiiitor, " In our |>iii't of lk'Iiriii|;'s Stu,"
Tl)i<, I'oiiiiM;^ (Voin 80 liiijli iin uutliority, in lii'ij,niiii;c so jilain iiiiil L'\|ilii'it us rjot to mlinit
of iiiiscoiistiiK'tion, eviiui's tlic iiiUiitinii and iiiiilcistandiiii,' ol' the ('ontiactiir^ (ii)verii-
incuts, wliii'li was tliu piirtition nt'llu' sovi'i'i'iL'iity of tlic wiitcis of nclM'in!,''^ Sim liv ;i
soutli-wosterly line tlnoiij^li it, tin; uastiwo ]iortion, witli Al.i-kii, litiiiL; tlic Iciritoiy of the
United States, and the western portion, witii Silieiian Asia, that of Jfnssia, tin ir coiiihincd
territory and shore-lines surrouiidinf,' lkhrinj,''H Sea, exec|)t the nurthcrn and southern
outlets.
'I he discussion in the United States' Senate, and its final nclion upon this Treaty iiiul
question, was a notice to the world of Hnssia's ri^lit to transfer this valuaiile timriiu'
territory, to which not even a suj^gestion to the contrary has ever hcen raised on the |iarl
of any nation.
If more were needed to convince us of the rit,'hts and intentions of the lli:.'li
Contractintr I'arties, we have only to refer to the eorre>.iiondcnce hitween our thin
Secretary of State, Mr. Seward, and our Minister at St. I'etcrshurgh. (Printed in executivt
documents for the use of Congress.)
In .May 18f)7 our Minister writes as follows : —
" Sir,
"Your desjiatcli No. ~i\ of the 1st April, 1^07, inclonini,' the Treaty between Russia
and America, cedinj,' us all Russian .Anieriea, was duly received. I awaited the expression
of Kuropean and Russian sentiments in rctercnce thereto before unsweriuf^ you.
" I cunjiratulate you upon this brdlianl achievement, which adds so vast a territory to
our Union, wliose |)orts, whose mines, whose waters, whose furs, whose fisheries arc iil
untold value, and whose fields will produce many i;rains (even whsat), and become there-
after, in time, the seat of a hearty white population."
Again, in November 1807, the Anierican Minister at St. I'etersburgh, giving a
description of Russian America, says, in reference to the Aleutian Islands : —
"The Aleutian Islands may attract transient traders, but no pcrmaiu nt settlers. Tn
inhabit them one must be an Aleut, and if it were not for the sea surrouuiliu^ the islaml-,
this country, owing to its unfavour.iblc climalie conditions and tin; sterility of its liroiiiid,
would iuivc never been inhabited ill all."
From the first extract, it will be obscrvi'd that the AnuMJcau (jovermnent excrcisci
caution before concJ'idinu' the Treaty, and awaited the expression of iMu'opeaii sentiiacn'i!
in jcfercncc to tlic <,aiue. Its acts win; open and free tn riticism, anil the last quutiitiiii
is conclusive on the ])oint that ourGc ernnunt fully couiprebcndi'd the vidueof the wiitir^
of Behring's Sea, and for this reason mainly was the piu'chasc uuide.
Had it been understood that the waters of Hehriiig's Sea and its marine life were fi ;
to the tishermen of all nations, iucludini,' ours, there could have been no incentive on iIk
part of our Government for its purchase at the [irice of 7,"J(I(*,()00 dollars. In any otiici
view of the ease it would have been absurd, but, on the contrary, it was known tlini
Russia did, from the time of its discovery, control these waters, and that she had ever
asserted her title and maintained her dominion by causing her ships of' war to [);itrol
them.
It is admitted on all sides that whatever title Russia bad at the dale of the iraiisli;
of the territory we acquired and still possess, and tlie United States heini; in possession anil
claiming ownershii), our right must be conceded until it is established that our grantor,
Russia, had tu) title to this territory, or that she did not maintain dominion over it, whiil-,
I apprehend, cannot be successfully accomplished.
Tliere was no conicalmeut of this Treaty or its |)urpose. Russia divided Inr
possessions of Hehring's Sea with us in the presence of all nations, to which there was no
remonstrance on the part of any of them.
By an Act of Congress, approved as early as the 27th July, 1808, it is provided:
"The Laws of the United States relating to customs, conunercc, and navigation an
extended to and over all the mainland, islands, and waters of the territory ceile I to tfc
United Stales liy the I'lmperor of i{ussia." It also provides that (sec Revised Statuk'-.
section IDJO) "no person shall kill any fur-seal or other fur-bearing animals within ili
limits of Alaska territory, or in the watirs thereof."
In I f'S I, i', coming to the knowledge of the United States' (jovernmcnt for the liril
time that unauthorized persons were illegally taking scjIs in Alaskan waters, the ."^ctTi'liirj
of the Treasury caused to be ]iublisbed a notice to all that the Law prohibiting the killiU:
of seals in Alaskan waters would be enforced ugait.st all coiners, and its penalties I
•Mb
of tlic lliiili
iiMi our tln'ii
J in executive
iniliclcd (f'oiipri'ss liaviiif; inadc |)rnvi»i()n to c(|ui|> the vessels of the I r. ■ .•lariiic for
lliiit {iiii'|>os(') ; since wliieli tiiiic tliis notice has ix'en year!}' piihlishcd, nnd t(>-(hiy, both
tin's 1111(1 the ilussian (iovcrnnicnts arc i)rotcctini; Ineir res|)ective dominions in the waters
III Hcliiina's Sea, as tliey ever have done, from all nnanlliori/ed comers.
It iiiii;lit he iniercHtin;; to continue the history of the Icftislatioii of ('onfires.s on
tiiis suliject, iind ascertain upon \\\t,it facts it hased ils late action, the necc-.sitv for such
iicl
nut I . . -
if iiiir cau>e, onr abdily to maintain unr rights, and helieved that not to have maintained
iliii-r iii.'lits would have heen unwise, heneiith the dlt;nity of the nation, ami even craven.
icliuu, and to sjieeulate upon its prohahle results, hut my titne an<l your spac(! will
not pernut. Sutliec! it to say, C'onirress had entire conlidence in our title, the justice
IneloHure 2 in No. '24^),
i'Utidvl fnitii llir "Sew Ynrli Evoninij Post" of Oclfihvr 18, 1880.
)etween lliisaia
the expression
DU.
I a territory to
fisheries arc of
)ceoMie there-
irsjh, givint; a
it settlers. Tii
Ini; the islariils,
of its :;ri)iinil,
inuMit excrci?C'l
pean seutiiiiciit:
.; last (|uotatioii
ueof tlic wntiT-
c of the Iraiislc:
Tin; liKMKiNu'.s Ska Question.
J Rrplij to CoiK/n'usman Fi'llnn.
To the Kditor of the " Kveninj? Post."
Mass., Octnhrr fi.
Till", ilnnourahle Charles N. Fellon published in tlie San Francisco •' Arironnut " .if
1-th .Au'^ust last an attempt at a vinditation ot our sei/ures of tbreii^n seulinn-ve.ssels
in that part of the Pacific called Mchrin^
d ho savs of it that it is a statement of
the farts. .Mr. Felton was a member of the last ('oni,'ress, and also a member of the
t'linftreuce Committee which had to compromise the difference between Senate and House
last verv sapient |)
)l leuislation concerniuir the waters of Alask.i
Th(
liiisitiims held by Mr. I''cltou IrrI I he " .AriAonaut" lo say of him that he is thorouirhly
coiiveisiuit With the sulijccl
a belief prol
)aiilv
il bv manv who are themselves
iijnorant ol it, and who will th<'H'toi\' ace(i)t his "statcnien
t (it the facts
^liable
LTlictl
V loncnisive,
There aie, however, others, and they arc not few ill inimher, wliose investi;;ations of
tills (picstiou have proved to them that the facts coimeetv'd tliennvith ,ire dinmetrieally
lo those allciicd bv .Mr. Felt(Ui, and wl
lo have conse(iuen
tlv arrived at an cut
I re IV
ililiiTcnt eoiielnsion.
.Mr. I'eltou's |dea is not new iu itself, and it does not i;:nn by bis way of statin;; it,
wliicli is confused all'! oltcn iiiiiiitellii;ilile. The line of arf^uir.eiitation i'ollowed is that
lunv f
orccd upon the specia
iirinali
IV advanced
ileadi
if Hel
vindication of these sei/ures, by the fact that the
Sea heint; by international law a closed sea, has
been t(ii) thoroughly exploded to leave it available any longer. They therefore try l(
nri,nie that if it is not a closed sea bv international hiir, it is a closed sea bv international
rijii
iicp .' And then, remenibeiini; the showman's hint that, tboui!
11 a leona
ird
cannot
nge Ills spots, you can do it for him with a brush and a little paint, they set to worl
to iiiaiuil'actnre corroborative evidence. Bv dint of
judicious mippiTssio rrri and xiK/rjrstin
filial, lliey get up n semblance of proof, well ealcnhited to iiii|)ose upon the public,
ciiDiiL'li .Morgan until after I'.ijKi.'iirr
ile tl;
e one em
VMiiU'il. The sei/ures go on, lorcizn eompetilioii is at least cliceked.
(■|)!iiiiiciciiil Company is " pri'teeted '' as I'ai' as possible
a ;rood
I'ver lost. sii;lit of, is
the Alaska
ilc'iid
II order that your r'aders may ckai ly iiii(K'istaiid the points at issue between the
CIS ot the sei/uns and tluisc who eolideiun them, let mi
laiizc tlicse points.
1 lie bypotbesis of the dcfendeis is, that in settling the eoutroversy arising out of
iiissja's pretensions of jS'Jl, a (liscriminatiiiii was made between Pacific Deean and
ichriui;
I5i
"t the Pacific wcrt; decl.ueii free to all the eontcst;ints, the high
Sea; that while the high -■eas (all outside of the enstomary ;'i-iiiile shoie
if He
belt)
i Sea
«oii' acliiiowlcdgcd to be niider
■exclusive dominion: that this exclusive
Iv
iiiianidii was never denied nor (|nesliiiiud by aiiv I'owci-. was always maintained
s it coneerned our part ot Helii i
iii-^i;i, ;ui(l fiiiallv was made over bv her to u
far a
^ca • that coil:
lentlv our titb' to such dominion is uninipeaclialilc
(li
Tlie argmuent of the opponents of seizures, on the other band, is that there was n
scriiiiiiiation made between tlic P
Be
Sea, an
d that there was no call
' tor any, as they are identical in all that constitutes either an open or a closed se;i
346
the only two kinfls of sea which inlcrnational tisas;e and law rLCO^nizc; that the absence
of the term " JJehrinsr's Sea" from all the docunicnts is perfectly iintural, because (Imt
name is of move modern orii^in tluui the date of those |)a|i"rs, and lieennse the jjartiesto
the controversy fjllowed the snle and well-eNtal)iished iiistoin ni usinir onlv the eniiininn
noinenc!at".rc of tiie times, 'vliieli did not inelnde the name '• Ik-hrinji's i^ea ;" that all the
waters of fhi; present Ri'hriny's Se i wen then, and now are, considered hy all antlioritic'i
on ceoi;i;n)hy as hi^lon^im;- l,o, and formin.' |)art of, the i'aeifi:' Ocean; that eonse(|ucntl\'
tlie sti|iulati(jns of the Treaties of iS'2) i.-id 1 •>.!">, dechirinL; freedom of navi'j;ation a;i(l
fishery in any ])art of the Pacific, apply to every pint of liihriim's Sea, and are hindiiittoii
all the nations which sifrned these Treaties ; that Rns^ia ni-,er after the dale of these
Treaties asserted or claimed any jurisdiction over l'ehrini,''s Sea, and never afterwanK
interfered with the (ishin;.' hy the vessels of other nations in its waters ; and last, htit iKit
least, that Russia iifrrr ci'ih'd nor pnifudrrl la cfilc to us iiuii sen or (hniiiiiinii of a in/ ktmi
nvpr anij acti ir'iiilsnrri'r.
The defenders ol the seizures do not produce, or even allege that there exists, any
direct docnmentary proof of the pretended di'-eriminaiion lielwecn Pacilie Ocean niul
Behrini^'s Sea, or of any aekno\vledf;uient, in e\|)rcss terms, of Rus'-ia'.- exclusive dominion.
Neither do they offer any reason for this discrimination- -this nniUinn tish of one and fowl
of the other, — nor do they show aiiy ohject that was to he i^ained by >is hy this ai);\iiil()ii.
nient of our rights under international law to the free use of 15ehrinj;'s Sea. Pit rnnlrn,
the opponents do hrini; ample pvoaf, diawn trom ollieial documents, in suppor: of every
point in their arifumcnts, as will now he shown. A collection of th'se docutuents, in
convenient form, has rec(?ntly been published, as iSen. Kx, Doe. No. lOfi, .'0, ' '. '2 S., fnini
which I will (|U()te. (In support of the a^seition that the iiuesiion of navii,'ation and lisliery
was treated as conccrnini; the whole of the I'aeitic, without f'i'^erimination i, 'tween 't>
different ])ar;s.)
(P. 210.) Secretary Adams' letter, .July -JL', ISi.'i, to >)ur Minister at St. Petcrsbur^li,
summarizes the Russian claim as extendin;; to "an exclusive territorial jurisdiction from
the 4.')t!i dej^rec of north latitude, on the Adriatic coa^t, to the latitude of oV north, on
the wcstei'u coast of the American Continent ; and they a^-iume the riuiht of inteulictiii;,'
the naviffation and the fi.-hery of all other nations to the cNtent of 1<'0 miles Ironi tin
whole of that coast."
"The United ^^tates can admit iio jiiirl of thesi claims."'
(P. 214.) Our Miinster at St. Petersburgh to Secretary Adams. April 10, 18'J4.
Report on the Minutes of the Conference proceedings :-" Tliat I nuist no\v Irankly tell
them [the Russian Ministers] that my instructions reipnrcd that I should obtain two points
as necessary conditions to the third object contemplated bv the project of Convention :
(I) the rpvorutinn, either spontaneous or iiy Convention, of thr nninlinif prnvl.iionn of thf
Uhasr of Sriitciiilicr 4 (Hi)> '^'-' > (-) *'"-' ndoption of tiie commercial ])rinciple (or some-
thin!; similar^ airreed upon between the United States and (ireal Britain in their Convori
tion of 1818, ill relation to these coasts; (.S) that, these preliminaries being settled, a
territorial delimitation for settlements at 5.">" might be agreed upon."
(In supjiort ol the assertion that all the waters of the jjresent Uehriiig's Sea were, at
the time of the Treaties and since, otiieially leeoguizcd as belon,gini; to the I'aeitic.)
(P. L'Ofi.) Russian Minister at Washinulon to Secretary Adams Kebnuiry '>x, 1.'22 :-
" I ought, in the last place, to rccjuest you to cou'-ider, sir, that the Russian possessions h
t/ii' I'licijic Ocenn extend, on the north-west coast of America, I'roin Jiehring's Strait to the
olsl degree of north latitude, and on the opposite side of .\sia ami the islands adjuwiil,
from the same strait to the 4;")th degree."
(This includes everv part <if the present Itehring's Sei.)
(P. 248.) Treaty oV Cession, L'dth .June, 1807. Last clau.se of Article I, statin;;
western limit of the (.cssion : " . . . . so us to pass mid'vav between the island of Attnn
and the Co|)per Island of the KonmndorsUi couplet oi' u'loiip in the Xorlli Pncili'
ilrptm . . . ."
(Attou lies in ,')2° 'tV, and Copper Island in -Vl .".,j' to 'tV ^itt north, or ahoul
lOOmi'es more tiortherly than tiie Aleutian Island of Atlmi, and there is no chain ol
islands between Copper Island and our coast-line from Hebring's Strait to the south cnil I'l
• he Peninstda of Alaska, nothing to set off tiiat portion of the Pacific' in wliieli Copper
Island is thus oHieially staled to lie, from that portion which washes our eoi' t.)
(In support of assertions coiieerning Treaty stipulations,)
(Pp. 220-2l',|.) a summary of the Treaty of I s-_M ;— -
Article I, It IS agreed that in (iiiii jinil of the ','r.'at ocean rommnnhi ./''nd the Pnrif'
Ocean or South Sea, (be respective eiti/ens or subjects ot the High (Jonlracting Powers
shall be neither disturbed nor restrained, either in navigation or in fishing or in the power
;j47
of resortinp; to the coasts upon points wliioli uifiy not alicady have been occupied, for the
purpose of tradinff with tlie nadves, saving always tlie reslrietions and conditions
(IctcniiiMcd by the loUowinn; Articles.
Article II forhids the restjrtin^' to the respective establishments witlioiit permission.
Article III forbids the forming of establishments by cither party, nortli .itid south
R'S]iictively, of 54° 40' north.
Article IV permits, during a term of ten years, the frccpienting hv either party of the
iiiletior seas, &c., U|)on the coast mentioned in the ])reeeding Article.
(In support of the assertion that Russia ceded to the United S' i'- j no sea, and no
iloiiiiiiiuii over any sea.)
(1'. 247.) treaty of Cession, 2<)tli .June, 18fi7 :—
.\iti(U' I. Russia at;rees to cede "all the tei'ritory and dominion now possessed by
his said Majesty on tlw tonthtenl of Anirricii and in thi- ndjiii-cnt ixliinils, the same being
coiitiiiiud within the geographical limits herein set forth, t.i wit : The eastern limit is tlie
lirit' of (I'Muarcation Ix'tween llie h'ussian and tlie British possessions in North Aiiierica
.... [the details are omited hrrc as irrelevant, t\\U line not touchin,' Bchring's Sea at
any [loint]. The wc^ern limit within which the territories and dominions conveyed are
I'ontLiined passes tlirojgh a [mint in ik'hrin^'s Straits, on the ])arallel of (i,")° ,'30' north
latitude, at its intersection by the meridian which passes midway between the Islands of
Kruseiistern or Ignalook, and the Island of Ratmanoff, or NoonarbooK', and proceeds due
north, without limitation, into the same Frozen Ocean. The same western limit,
l)e;,'iniiii)i; at the same initial point, j.roceeds thence in a course nearly south-west through
Bi'iii'iiig's Straits and Hehrinu's Sea, so as to pass midway between the north-west ])oint
of the island of St. Lawrence and tlie soutl;-east point of Cape Choukolski, to the meridian
of Wl we>t longitude ; thence from the intersection of that meridian in a south-westerly
(iiicction, so as to pa>-s midway Ixtwcn the Island ol Attou and the C'ojiper Island of the
Koniaiulorski [Kormandorski is a misprmt] couplet or group in the Nortli I'acitie Ocean,
to the meridian of H).'i° west longittule, so as to include in the territory conveyed the
"lii.ic of the Aleutian Inlands ca-t (jfihat mei'idiaii."
Article II. In the ecs-ion of territory and dominion made by the preceding Article
■'.ire included the right of propiity in all public lots aiul s(piares, vacant lands, and all pul'lic
huihiings, t'ortilications. barracks, and oti.iv e(Mfiees which are not private individual
pro|icity." The rest ot'thc provisions 'v'i.'i to "hurehes and to public archives.
Article III refers to the right-- of the inhabaai'ts.
Article IV refers to the appoii.tnu at ot agents lor the translitM' ol the territory and
property ceded.
Article V refers to the exchange of ralilication.
Article VI says .... the cessioit of territory and dominion herein " made is hereby
declared to he free and unencumbered by any reservations, privileges, franchises, grants, or
possessions by any associated Com[)anies, whether corporate or incorporate, Russian or any
Qtlur, or by any parties, eNee|)t merely |)rivate individual jiroperty-holders ; and the
cession herehy made conveys all the rights, franchises, ami privileges now belonging to
Russia in the Kaid territory or dominion, and ap[)urtenanees thereto."
No sea or dominion over any sea is among the things enumerated as ceded. No
dominion ever an open sea like Bchring's Sea could be claimed as a right ceded under
Article VI, because Russia has limited these rights to such as belong to her, in the snid
territory or dnininiun and (tjipurtciiiiiiifn Ihcrclo, and dominion over an ojien sea is not a
liijht uttuchiiig to territory, nor is such a sea an njipiirti'iuincc to territorv.
.Mr. I'ehon tells us that had it been understood that the waters of Bchring's Sea
and its " marine lile were tree to the ' lishernicn ol' all nations inrliidini/ oii/w" |.v/cj, there
t'oulil have been no nieentive on the part of our (Jovermnent I'or its i.urcliase at the price
ol 7,jii(),()0(» dollars. In any other view of the ease, it would have been absurd . ."'
1 hat is, of course, a nuitter of opinion, and on it some may prel'er the jmlgment of
iiieu like Secretary Seward and Senator Sunuier to that of Mr. Felton. But what is suie
is, tlml these gentlemen would have left nothing at loose ends. They were the prime
movers on our side ni the transaction, and if Ihcy had tlunight that our bargain " included
exclusive dominion over Ikhring's Sea," they would have had e.\i)ress stipulati ms to
that ellcct inserted iit the Treaty, just as Secretary Seward is known to have insisted on
tlie iiiM-rtion of the clause in Article VI (cited above) that " the territory was free and
uiieiieuiiihcrcd," &c.
Now let nie say u lew words in siip|)ort of my charges against Mr. Felton and his
tellow-aiivocates of the seizures ot' manul'acture of evidence, of suiijiri'ssio nri, anil
[12H] -2 Y '2
348
siK/ijeslio fiilsl, I repeat that ovitv allegation eonceriiinf; iniportant (acts is more iir
less uiiti'ue, and every essential (iiintatioii nioie oi' less twisted and poiverted. To
expose all of these sins here is, ot eom'sc, ini(Mihsil)le, so I confine myself to a k\\
examples.
Take the openini; assertion in Mr. I'Vlton's article : —
"'I'he title of the United States to .Alaska and the Hehrinu;'s Sea was acijuired (roiii
Russia hy the Treaty of Cession ol \xbH (niisprint for 18G7], 'in which shi; ceded ami
conveyed all the vislits, franchises, [.-nidl privihires now helontrinu; to Rnssia in the ceilwl
territory or dominion, and a)i])urti'nances thereto;' the same heini; contained within the
geographical limits herein set forth, to wit:" lollowed hy tlu; description of tliein. ;i>
quoted by me above. Ileie a sliaiiihttoi ward ;ind honest (piotalion of Article I of tl.c
Treaty wonid at once havt' exposed the (allaev ot the above assertion as renards ljeliriiii,'s
Sea, and so a liltle game ci' seh cting ami arianiiinu suitable passages is resorted to. 'fl.f
most essential part of the jjarticulais uiveii in .\riiele 1, the ennmeration of the t(;rritory
and dominion ceded, is suppiessed. For it is .>nbstitutecl something cut off from the vml
of Article \ I, the general covenants of secondary importance, usual in conveyances, wliidi
can be correctly interpreted only by reference to a preceding enumeration, and then comes
the rest of Article I, the discription of the geographical limits. 'I'he elf'ect aimed ;!t, ami
probably attained in the case ol ir.ost readers, is to hide the tr'ie impcrt of Ai'ticle 1, tiir
sin'ple statement that evervthing ceded was included within certain geoi,'rapbical liniiN,
and to create instead the lalse impr.ssion that everything I'inhraced within these litnil-
was ceded; to cieate the false impression that as a large part of Hebring's .Sea was
situate within these limits, such part of this sea was conseejuently also ceded and
conveyed.
In like manner Mr. Fctton's mere reference to, without proper (luotati'ins from,
our protests against Russia's pretensions, destroys the emphasis, belittio and belies t!io
scope of Secretary Adams" categorical and all-embracing, " can admit no part of tlic-c
claims.''
Ag.-iin, Mr. Felton's assertion "that Russia, from iier discovery ot ISeluiiig's Sea
down to the cessicai to the United States, has controlled the navitjation of its wate'S ami
the taking of its maiini' life. ']"o this end her navy lias patrolled it, :ind, in pursuance of
her laws, taken, confiscated, and burned marauding vessels ; she has since and is now
pursuing il.e same policy on her part of nehring's Sea," is simply a glaring untruth.
Mr. Feltoii does not. of course, cite any case of sucii conliscation, and none oceurreil,
for since the Treaties of IS'J-t niid IS'J.T Russia never interfiled with foreign vessd-
fishing in those wateis, though firiign wludcrs Ireipicnted them (hiring the whole of tLf
time referred to, and liti'ially swarmed there bv hundreds diiriiitr the vears of llic
prosperity of that pursuit. On (be contrary, Russia in 184L; refused otHcially a deinuiid
of the Rus>iiui-.\iiiericaii Company for interference with those whalers on the expire'
ground that the Treaty r;a\-e ,\inerieaiis the right to fish over the whole extent of tl.t
Pacific Ocean (see i?ai;erott's "History of the I'aeifie States," vol. \.\viii, p. .>'!
And it may be well to remind Mr. lellon that seal-fishing on the high seas is jii-t il-
legitimate in intei national law as whale-fishing there.
Just as little as Russia interfered in times gone by does she do so now, ami ti,
inference to the contrary whi( h Mr. Feltoii ])rctends to draw from an ollicial Hu"i;i'
Noti(ien;"on of the 15th November, 18bl, is as unw.irranted and as misleading as nio-t "i
his inferences. Mr. I'elton assigns a wrong date to it, hut (piotcs it correeflv and m
e.iirnso. It forbids foreign vessels to cairy on. without special permit or licence, trailili.'.
hunting, fishing, &c., on the Russian coast or islands in the Okliot'-k and liehrinn's Sca^.
or on the north-east coast of Asia, nr uilliin their sea hnunthini-iiuf (the italics an
Mr. Felton's). There is nothing ambitious in the language cf this I'roclamatioii, sa\-
Mr. Felton, and tin* is indi ;|)nla!)le. It is this genllemad alon.' who introduces amhiguiiy
and even misrciacsentatioii into tie.' discussion, when he proceeds to say ; '' It means tli ■
Russia will entorce her sovereiznlv over the western half of Rehring's Sea within her m
hound:, ly-line" Ccitain [ihrases have certain definite and well-established me.inini.'^, a
employed exclusively in siieli accepted signilication in otlici:'.l dociiiirnts, and are al'.va;,
inleii)ieted strictiv in this sense. The accepted sense of sea bi.undary-line, with lefiivnii
to coasts anil islands, is n line thr( e le.ile- ^eawaiii Innn lov.-waler mark (Mi the -bore, a'ni
there is conscipicntly no warr.int for .Mr. Felton's piepo^terous niisiiid rpri'tati;)n. I'lru-ii
(,( pp. "-'.M to 'll'.\ of the otiicial (hiciiir.eut above rcli'rred lo (Sen. F.x. Doc., .No. \W<
would have fm:iishe<l Mr. Felton [)ro()f ot lie mitrufh of his a.oseitioii and of the falsity ni
lii.s interpietation. Only t'iree t a-es of intfiti'iciu". are 'iieie mciitioned ; none of lliiin
were for acts done on the high sea, but all lor acts within lli(! ;l-iiiile limit. Ti-i ''
these sei/nris tco!< [ilae^ in the Ru^^':!'t p'lit of Hebring's .Se;i, und it .Mr. I'eilo.'i's
'h(^r'M'-^:ti;.
349
liyiiollii'sis oi a division ijctween Russia and tin; United SlatL's of uvolusivo jurisdiction
i\er this st'U has ever been adopted by our (jovornini'iit, the wonder is liovv it could
(■oii-i>.tentiy tal<" any official notice of an oxeieise ofsucii jurisdiction by Itiisaia tiiat would
III' licil'cftly k'^itinialc urulcr saiil iiy|)otlii'sis.
.Mr, i'"('ltons nianncr of aruuint;, his way of .statiny; a iii'oiHinitioa and drawinsj;
iiitiTcr.c'.s lioMi it. oH'cis a lefi-cshini;- coMtnist lo tiic stale rules of io^ic hitherto co'.i.-idered
;\s liiiidiiii; \i|)on a writer. His uietliod of ^eo^ra])ilieal delinitioii is aUo (luite ncjvid, and
I confess I have not been able to ruaster it. Here is a speciuicn wbieli is entirely beyond
me: " that they ['IVeaty of li-iiM and other doeuuients | all had lel'eriMiee to the
roa^t and the watei's of the North I'aeitie, between the -Olst |)arallel of north latitude and
Mount St. Klias and eat ol' the 1-Ust nieiidian of longitude." Mount St. HIias is a i;ood
many miles inland, and this is the first instance known to me of an inland niouutain being;
|ir('>siil into service as a terminal point of •' eoa>t and waters.'' Besides, this limitation of
the ap|iliciilion of the 'I'reiily of 1 Sli 4 leaves a \-ery lonz coast-line of the Pacific, and
iiii(|ui -tionably n:>t of Hehrinif's Sea, vi/., tint from I '1 1' west to the south-west e.Ktremity
uf the I'eniir'^ula of Alaska in al)out I'i-'i .'5t>' west un|)rovi<ied for. Was there some
Kiinl oi " ae(pjiescence " about this loui; coast-line, too, and if so, wliul was ac(|uieseed in?
'I'he |ia^sa;;e, " Russia suri'eiaieied or abaiidone.l her claim (udy to the control of the
.North I'acific t>eean, and to the north-west coast south of latitude .')4'' north, yet her title
to til' .' I'.lian Islands, extendiui,' [title or islands? /?. /^ ) as far soutli as .')1° north
liititih 1! I'Mongitude IGfi" to 107' west, is not, an<l never has been, disputed or invali-
(kitud,' IS 111, other ^eograpbieal conundrum as well as a puzzle in lojjic.
The closini; sentence in .\Ir. Felton's article is as extraordinary as anythinj,' he has
achieved in the way of assertion : "ConLrress had entire confidence in our title" — that is,
in our title to exclusive jurisdiction in our part ;^f Mehriui^'s Sea. Let us see what the
'' C'iMiirrcssional Keeord " shows on this point : The House tacked on to a Senate I'ill an
iiineiMhneiit that section lij;')') of the United States' Revised Statutes includes and a|)plies
to all the waters of Ik'brinii's Sea in Alaska embraced within "the houndai'v-lincs
Mieiitioiied and described in the 'IVeaty with Russia dated the 3()lli .March, 18t)7 ;" that " it
shall he the duty of the President to issue an annual warniu;; Notification, to have it
IJiihlished in a newspa|)er, and to cause one or more vessels to cruize in said waters to
spi/.e all violators of United State>' laws therein." The Senate refused to pass the amend-
iiKMil. In conformity with the aihiee of the Conference C'ommiltee, the ameudrnent was
altfp.'d to the following : That section Ii)5() "is hereby declared to include and apply to
all the douiiiiions of ihe United States in the wateis ot Behrinir's Se.i," leavinir the new
duties of the President as above, uiul in this shape it was enacted. The effect of the
char!!;e resulting from the Senate's action is stated in the House Kci)ort to be " to leave
out the words that are descriptive of the boundaries of the waters of Alaska." .Mr. I"'elton
is, of course, entitled to all the eondort he may be able to derive from this proceeding,
hut the public will not avcejit this testimony as provii't; '■confidence" oil the part of
Cuii^Mess. t'onsideriiig thai tlie House had actually to rescind its action, to abandon the
|iii>ltinh to which it had committed itself, the whole looks decidedly like a coiil'cssion that
till' House li'lt "very shaky" indeed on the validity of the alle^t'l title.
It recalls the story ol the KiuLr who ijuai'rclled over some point in a uanie of chess
nlucli he had the eou<lesceiisioii to play with a suliject of his. while a crowd of courtiers
jircu'ivcd a dead silence. When the contention wis at its heip;ht, an officer of known skill
at tin- tjaiiie entered, to w bom the Kini; appealed lor a decision, and who replied instanter :
"Your .Majesty is wroni;!" " How can yon tell when you have not even '^danced at the
hoaid?" (iuite unnecssary ! Would these gentlemen," pomfini,' to the courtiers,
"remain silent if there was a irliost of a eh. nice to say anything in favour of your .Majesty ?"
•\ clai.a ill ni(r fitiitiir ww] (Kjdinst KnijUtnil, which such ever-ready champions of evervthing
aniidlii^dish as Messrs. I'',i|iii;iiids, Hour, i""rye, \-c., reliise to support, must he indeed
ll"|iclls,|y wci'k.
However much one may find fault with what Mr. Felton docs say in his article, it is,
novertheless. ini|iossible not to regret ti.'at he left some things unsaid, that he found it
luijios 'lili' "to ronfinne the history of the legislation of ("oiigress on this subject, and
ascertain u|Km what facts it based its late actiim, the necessity lor such actioa, and to
Mi'i'iihite upon its proli.ibk' iisulis. . . ." l.ighl on all these points is certainly very
iiuich needed, and it is very much to In hoped that some Congressional Pluebus Apollo
«ill furnish it to the publli'. It is indeed ditlicult to find or imav'ine any i:<iod iimsou for
the new ,\et of the 2n I Maich last. It is superfluous, and even alis ird. to make a
stalutory declaration that ,i law already (Miacted tor a certain locality sluill appiv to it.
he measures for its enforecment now (inlcrnl may be wise, but il they wi're to lie confined
to their legitimate sphere, they were (juite within the President's authority before sui I
.■550
Act. They liiid, in fact, been already taken by Mr. Cleveland's Administration, hud then
been carried out in re^'ions beyond tliat s|i|K're for two seasons, after wiiieli blotter counsel
prevailed, and they were limited to our aekno« ledtred jurisdiction. Tlie new law contains
nothinu; new as to the sphere in wliioli the old law is to be enforced ; on the contrary, the
attempted extension of this region was distinctly abandoned. Coiitrress in this case, as
often belbre, shirked the responsibility, and coiiiined itself to "eir^iii'; on.'' Secretary
Hliiiie's assertion, that he is merely enforcing,' an Act of Con!j;ress when lie allows the
captuie of foreiijn sealers outside of the o-mile sliore limit, is not borne out by the
jirovisions of the Act.
Api)arently, .Mr. Felton and bis parti/.ans are entirely unconscious of the fad that
their hypothesis fairly bristles with absurdities. It presupposes that, in the settlement of
a controversy seriously allectini; e>tablislied jjiinciples ol international law, eivili^td
Governments would deliberately stultify themselves to the extent of insisting; upon these
princi))lcs being strictly carried out in one part of the ocean, and of utterly ignoring them,
at the san;e time, in the part innnediately adjoining; of {liseriniinating between seas that
have not those geographical differences which international law makes the very coiidilin
.till'' qiiii itan of discrimination, and of doing all this without any documentary record of
their action, an<l without a word of explanation as to the reason lor such an unprecedented
performance. It presu()poscs that the two maritime nations /xn- rrtcHcnce, (Jreat IJrituin
and the I'liited States, each more powerful on the ocean than Russia, would have
surrenderi'il to her their natural right to the free use of an open sea (expressly declared by
Mr. Felton to have been known at the time as valuable), without struggli' or remonstrance,
without eipiivalent or cause I And all tiiis idiotic travesty of patriotism, statesiiianshi|i,
and di|)lomaey. is imputed to men of the calibre of .lolin Quincy .\dams, (Jeorge Canninj;,
and Count >Jesselrode. This sorry figment of crazy su|)positions is palmed off for truth,
in the face of documentary proof of a n.itural, a reason;ible, and a I'onsistent argument
to the contrary.
We are urged to persist in an indefensible and rlislionourable policy when there is
every evidence that a legitimate and honourable course - that of niternutional conference
and agreement — would bring about vwv\ ii-ult le | rofess to be aiming at, and bring it
about more quickly and more thoioughly than could be hoped lor by any other means.
The ultimate outcome of such persistence is plain ; it may be delayed, but it cannol
be eseapid from eventually. And finally it must not be overlooked that, at the best, even
u triuni])hant maintcuau'e against f!reat Britain of Mr. Kelton's iiy|)othesis would not
settle tiie (piestion in our I'avour as against the rest of the world. Accpnescence being the
basis lit that hvpolhesis, it would be bintiing oidy upon those nations that had acquiesced.
The others remain free to exercise their natural rights in Behiing's Sea, and would in time
undoubtedly insist upon doing so, witbovit our having a cliancc? o( preventing them under
international law.
(Signed) ROBERT RAYNEK.
No. 246.
Sir J. Pduncefole to the Mnrquu of Salixhui-y, — {llecnived Novinher 12.)
My Lord, H'lishinijloii, Norinnbcr 1, 1889.
I LOST no time, alter iiiji arrival hereon the l.'Jtb ultimo, in seeking an interview
with Mr. Blame on the Behring's Sea (piestion. lie was much engag. d at ilie lime with
fbe jMaritime Conference, but l:e ultimately appouifed Th irsday, the 2 ttli, for a prelimi-
nary conversation on the subject.
We had a great deal of I'riendly discussion, in the course of which he stated that the
seizures of the Canadian seal-fishing vessels had been efl'ccted by the Treasury Depattuienl,
whieli is charged with the |irotection and collection of the revenue^ (including that derived
lium the Alaska Conqiany), and the measure had been lesorted to under the belief that it
was warranted by the Act of Congress and the I'roelamation ol the I'resiilent. In this
view, the Department bad been confirmed by the .hidgmeut of tfe District Court of
Alaska.
I ()bser\ed that this appeared like an assertion of the iimre ildu.iitiu doctrine, whu'h I
could hardly believe wvjuld be revived at the present day by bis Government or any olht'r;
to which he replied that his (ioverninent had not oHieially asserted such u cluiui, anil
tberefon! it was unneeessar\ to discuss it. As a m.itter of fact, there bad been no inter-
lerence with any Canadian vessels in Behring's .Sea except such as were found engaged iii
theeaptme and desl ruction of fur-seal^. Bui his (Jovermnent claim the exclusive right
351
of soiilHsliery, whicli tlio United States, and Russia befoi'c tlicin, Iwid piiicticiilly enjoyed
liir m'nci-ntioiis witliout ;iny iittcinpt ;it iiitcifiToiicc IVdih any otlicr country. Tin; 'in-seal
was a species most vahiiihlo to niankiiul, iirid tlie H^'hrin^'s Sea was its last stl-.jni,'iu)id.
The I'nitcd States had l)ou^lu tiic islands in tlial sea, to wliie'i tticsf iTcatures periodically
nsiirl to lay tlieir yount;, and now CanadinTi fisin iMiien step in and slaughter the seals on
their passa^'e to llie islands, without taking; heed of the warning's iiiien hy Canadian
(iliicials thenisclv(;s, that the residt must inevitably he the extermination of the species.
Tills was an abuse, not only reprehensible in itself, and opposed to the interests of
mankind, but an infraction of the lii^hls of the United States. It inflicti'd, moreover, a
serious injury on a neigbbourin<; and friendly State, by deprivini: it of the iVuits of an
industry on which vast sums of money bad been expended, and which had loiiii been
piiisued exclusively, and for tip' i;encral benefit. The case was so strong as to necessitate
iiKasmcs of sell-defence for the vindication of the rights of the United .'States and the
protection cf this valuable fishery from destruction.
r rcjilii'd that, as regarded the cpiestion of right, F could not admit that the sei/.ure of
the Canadian vessels w::s justified under the terms of the Act of Congress or of the
l'n)(laniation of tlu; President. Municip'd legislation could have no o])eiation against
foreign vessels beyond territorial waters. A claiiu of exclusive fishery on the high seas
was opposed to international law, and no siicli right coidd be ac(|uired by prescrii)lion.
Mr. IJlainc observed that he thought (Jrcat liritain enjoyed sueh a right in relation to jjcarl
fisheries in some ))arts of the world. I said I was not aware of any such case. As
rcL'arded the (piestion of fact, namely, the danger of cxtcrnunalion of the fur-seal species
and the necessity for a "close season," there was unl'ortnnatclv a conflict of opinion. Hut
if', npoii a further and more complete examination of the evidence. Her .Majesty's (iovern-
ni>nt should come to the conclnsiou that a "close season" is n'ally necessary, and if an
aLireeuK'nt should be arrived at on the subject, all differeiiccs on questions of legal right
uould ipso fiwlit disappear.
Mr. Ulaine expressed his readiness to i>roceed to such an iutpiiry, adding that he
would be prepared to establish from Canadian evidence alone the absolute neces.sity tor a
" close season ;" but be srronglv insist 'd that the incpiiry shoidil take place here, and be
entirely of a diplomatic character. It was sutrgested, in conversation, that the tripartite
negotiation commenced in London between (Jreat Britain, tie United States, and Russia,
wliieh, from various causes, had been suspended, uiiijht he resumed in \Vashin;;ton.
.Mr. IJIaine expressed his concurrence, hut he said he ilid not wish to (wiginatc such a
proposal.
I slated that if such an arrangement were agreed to, 1 should renuire the assistance of
experts from Canada, and it should be uiulerstood that the residts uf the inquiry should,
if desired, be made pid)lic to the world as a justification of the adoption of' a '•close
season," and an indnceinent to all other nations to observe it. .Also, that tlieie should be
an assm'ance against any more seizures, and an understanding as to eompensalioii lo the
owners of the vessels and [jrojierty seized.
Mr. lilaine replied that if we did not si-ftle the (piestion belbrc next April be should
despair of our ever d(j]iiir so. iind thai untd that date, when thi' fishing season reopened,
no seizures would take place, for theic i ouid be no object in them.
As regards compensation, if an aLnccment should be arrived at, he felt sure that his
Government would not wish that private iiulividuals who bad acted huiiu fide in tile belief
that they were exercising their lawfid rights, should be the victims of a grave dispute
between two great countries, which hud huppilv been adjusted, lie was iu)t without hope,
tlicreloii', that the wishes I had cxpiesstd [u\z\\\ lie met, and that all miirht he arraui;i' I in
'.1 niunner which should involve no huu'iliatiou on either side.
His tone was most friendlv tliroughout, and iie manifested a strong desire to let a!l
iltKNtiiins of legal right and international law disappear in au agreement lor a close
season, which he t>elieves to be urgriitly called lor in the common interest.
It oidy now remains for me to solicit your l^ordship's instructions lo regaid to le
^iiii^esiion 111 resuming in VVashingtoii the tripartite iieg>itiation, with a view to ariiving, d"
liiis--il)le, at stub a soliitioii .e is proposed bv .Mr. IJlaine.
1 have, &c.
(Signed) .lULl.VN I'AUNCKKO'I'K.
352
No. 247.
Forii(jii ()J/icc Id •>'/)• ('. LiiiiipsdH mul Co.
G'/ntlcliicii, Fon-Ujn OJ/ic', Sarrinlirr 13, [>S'.).
I .\.\f (liffctoil l)v llie Miinjiiis of Rnlisbiiiy to iiuknow ledge tlit' i';'ceii)t ofyoiii' letkr
of the ()tli instant, witli its iiu'losiiie, ;i2;r.iii (.'allin.,' attintion to tlii' cfllets which air to \k
a|i|)rc'iicn()cMl iVoin the iinliscriminatc slaiiijhter ot feninic steals in the waters of iSehi'iiiji's
Sea, and I ani to suv tliat your rcprcseiit'tions on \\\r sulijcct will ivfi'ive Ciiiofnl
attention.
[.oi'd Salisbury will he lllad to receive anv statislieal evidence which yon may hi' .iljlc
to furnish as to the extent to which the nunihei' and ([uality of the ealcli of male seals Ims
been atfectec' of late years by the increased slant-diter of female seals in the open sen,
and any other information which niiuht be ot assistance in eoiisidcrin'j; the rcinediiii
measures whieh it may be desirable to ado|)t.
Ills Ix)rilsliip presumes that you would have no objection to the eventual pulilicaiiijii
of voiu' letter under reply, and of anv subseqnent eommunieations not mai'l:i.'d " I 'oiili-
tlciitial."
1 have, &c.
(Signed) r. H. SANDI5RS(A\.
No. 24M.
Sir C. Lnmpsoii and Co. In h'urc'itjn Office. —{Rnrin'd Xiircmlirr I .').')
Dear Sir, G-1, Qnfon S/rrrt, Loiid'ni. Xnifiiihrr 14, IS^O.
Wli have to aeknowledL'e receipt of your valued favour ot the l."ith instant, and hen
to thank you for havinj,' taken the matter into consideration.
^\ e are now eollectiup; all the informatioi; we can with reference to the det;iils Lord
Salisbury is anxion» to olirain, and when we have completei' om- .'-Statement, will forwiiril
it to you.
\Ve are (juite williui; to have anv of our letters used as Lord Salisbur\ may sci til,
^'ouis, \c.
(!»ii;nedj C. .M. L.\.M1'S()N a.vo Co.
No. L'K).
Cnlniiiiil Of/icr /n h'tufii/ii ()l/rri\—(Ri'rrivf(l Di'Ci'nili/T 1.)
Sir, D'liniiiKj Slrrft, ynvfinhrr W, I's^f).
WITH relerenee to the Liter Irom ihis Deiaitmvnt of the !lth .\u:;ust last. I .iiii
directed by Lord Kinitsford to transmit to yu, to i)c laid before the Maiipiis of Sali^liiirv,
a (Mipy ot a despatch from the Pepulv (uivernor of Canada, inelosin;: an i'npoitMiit
Minute of the Dominion I'li^y Co!::ieil on the snlije< t of the proposed close lime lor ■•iiil-
iii l!ehrinj;'s Sea.
1 am to re(|Ue,^l that the inelo-ure- in >iv W . nilehir"-. despatch, \vhicli ..le 'i et in
ormin;d. may he returtnd ,ilti r pci'u>al.
1 am, v\.c.
(Siunc.l) .JOHN |}U.\.\I>T()N.
'JC^
853
Inclosiiic 1 in Kd. 249.
hi/illlli-dlil
>'// II'. liifciiii' tit l.iird l\Hiilst'i)f(l.
Ml I.diil, OlIllWU, XriviiiihiT 11, 1S89.
WITH irlcrci.ce to l.nid St;iiili^y of l'ri's(oii's <'oiitiilL'iitial (Icspatcli of tlic .".nl August,
]snH, ill wliicli uiis iiiclosfd a copy of a Minutu of Council of tin- lUli July of thai year,
|ii(it(>iiiii! a;;iiiiist thf pioposal niudc by the United States' (loveniintnt for tlu; estalilish-
nirii' iifa dose season for seiils in lk'hnn;,''.s Sen, I have the honour to forward herewith,
i..'- vniir l.ordsliip's information, a copy of an approved Report of u (.'oininittee of the
I'liw CciuMiil, to which are appended certain (leclarations and statements tendini: to
>u|i|)iiit the eiiiit( ntions advanced hy the IJom'.iion (ioverninent in the above-mentioned
Minute.
I have, &c.
(Si-ined) W. J. U ITCH IK.
Iiiclosiirc 2 in No, 24!).
Ili'l'mi lit II Ciiiniiiitli'i' uf Ihr I I'jiiiiniiilih' Ihr Prill/ ('i)i(iiril, njijiidicil In; iiia E.i relic iici/ llie
(iov.i'niur-dnii'nil in ('iinnvil, Xovnnhrr i, I'-'di).
')\ a I'm port dated llic 'J(ith (^eloin'r, )88!4, from the Minister of Marine and iMsheries,
statiiii; lliat he has leec nlly ra'ei\i d frou) ]iarties intt rested in the fur-sealinL: industry of
itie I)' liiinfi's Sea, further iiilormatiou r(4ative to seal-liuiitiiii,'.
The Miiii.-ler desires allenliori to ti.e Minute of Council dated the 14th .July, ISSS,
ninde oil a ileport of the then .Mmister of Vlnrine and lisheries upon a pro[,osal from
.Mr. Secretary Bayard, ti)r the estai)lisUnient of a close season for seals in the l^ehriiiii's Sen,
which was a |)roposition to at;rce to enforcing: n elose season tioin tiie 15th Apiil to (ho
1st November in each year.
The Mituite of Council dealt very '.nlly will) this and pointed out : —
Tiiat tlie I'niled State>" .Minister, as reported in tiie despatcli from I,oi'<l Knut^ford,
oltlu'Sth .March, l>8K, tlieu under consideration, had asserteii that there weie U)th (4i',sc
iiwl ii|Hii -easons lor l<ill!nii -eaU in the Keluinu'- Sea, and that the United States' Govcrn-
nmit w.is I'lideavourini;; to enforce the olij-irvanci' ot these si'asons hv all nationalities aliiu-,
and, i(jiisL(pienlly, tliat dijriui; the open season seals could be |)ursucd without fear of
niolestation, whereas, in fact, the killinc: of seals, exci'pt by the Alaska Co'iniicreial
Cmnpiiiiy, lessees of the Seal Islands, is entirely prthihited by the laws of the l-nited
i^taii's, aiui iiii>i luw wh.s then beini; enforced against citizens of the United States and those
ot Ciiiiada.
1 liiit the .\laska Commercial Company, under tiie tei'ms of their lease, had a monopoly
ol the iiuinsirj, and killed lUO.tno Mid., annuallv, lor winch ni()no|iolv thev paid vearlv
intu tlu 'I'lvasury af the Umtcd Stales uver 3011,000 dollars.
I 'i' .Minnie ot Council above irfenvd to went on to sliow that no pres-iu'.: necessity
exi-iiii 1(11 the eslablishinent ot such a close >eas()n. since earelul measnrenii>nt of the
" KwikiTies ''
10(1,0(10 were
rqiorttd the seals on the increase.
Ilial as the seals arrive in .May and leave about the end of October, a close season
Irom the Isi April to the lilth .\'i)v<Mnber, as proposed by the- Honourable Mr. I'ayard,
>*"ulii piaitieaily jirohibit ill tishini; except iiv the Alaska Coinniercial Company, wiio
I iild kill ;.n the oidy places where the seals " haul out " during ,lune, July, September,
'ii:(l ( iciuJH'r, four ol the moiilhs of the proposed dose season, thus establisbini; their
""iini|iolv ni«iv elfectually.
llmt while under Mi. Iluyard's proposition this area would be closed ajjainst all
"jnatiiiiK except those of then' own sealers on the I'ribyloH Islands, other sealinir areas in
■^■iieiica and Asi.i would be open to her as before.
I iliiit the Alaska Commercial Coinpanv has a leasehold from the Russian novernment
^Incli (lees not fall under the |)ropo.sed area.
Ilial while the arrang(!inent woidd Ixneli* Russia and the United States, ("anada
hvould \,|»^. the whole sealint; iiiduslrv.
' I 128] » . ^, ^
on St. Paul and St. (ieoru'e Islaiuls showed (),3.H7,7.'iO seals, whilst only
innuallv killed, and the United States' Special Agent fur Alaska in 1^87,
3/54
n|iiiiii>n (I
Tlif Miiiistpi' fiirtlior obscivcs tlmt this Minute of C'oiinrii cftllod iittontioii to tlu
I i'X|)cri{'ii('c(l sciilcrs, who aver Ihiit hy th<! pivsoiit nicthoiis of himtini; with '^m
)t moic th;»M onu in ten of thi' scuis struck is lost, aiul thiit it is not liclifvi'
that tlicsi' methods mv so (Icsti'iictivc iis iilh'L'i'd.
M ihc siiid Minute of ( 'ouneil it
ined tliat th(; sole ohject ol tlie United States
'.viis to istidihsii a niono|)ciiy mi tlie iiumner iin<
dilv of kilh
>e:ils HI tavoiir of s
I'uitcd states' citizens who iiiifi;ht from time to time enjoy tlie iirivik'ge ol se
ucli
1^
)tr isiii
fhc Minister submits the uiipcuded deehuatiuns and statements iii support of th
views pxnressed in tiie Minute above icferred to: thev arc asfoHows: -
Appendix Xo 1. Stateinciit prepared hy |)iaeti(Ml seal-hunters.
Appendix No. 2. Stalenient prepared hy A. R. Milne, K
i;iviim a historv iif
seahnu; iiiduslrv as piirsue(
1 hv British Mihjeels in the MelninL
Appendix Xo. 3. Soienni declaration of ( 'arl A. I,undhr''L; on the ^iaiiL;liti r ofnlionl
10,00(1 seals at Kohin [ski
hv the
tl
le seliooncr
,eoii, a watch-vessel ol tii
A!
i^Ha ^ ouinicrcial l.oinpanv
M
imsler states that it wi
I U
seen tiiat the first Ai
ppcndix, III wMlcli tlic: (llttiTciit
lltfc
hunters deserihc their operations in detail, fully iicars out the position taken in lli
iMinule of Council of the Uth .lulv, ISSS, that the dtstriictive nature of the iii()(ks »!
killing; seals hy >pears and fire-arms has heen f,Meatly exacfrerated by the United State>'
authorities, a very small percentage of los.s occurrini:. Also that the operations of the
(':iiia( ian sealers in the liehrinu;"s Sea are of necessitv dnrini; the months proposed hy tli'
Honouraiile Mr. I'layard as a close season.
I lie Minister desires to invite particular attention to the liict that, while female scal<
with pup are taken to sonic extent aloii^r the coasts approachiiii; thi' Mchriiii^'s Sea, such
instances are of rare occurienee in (lie sea its(df.
Appendix Xo. L' treats altofjether of the history and extent of tiie ('ana<ii.iii sealiii;'
interest in the Noith I'acitic Oci'aii and nehrinf^'s ,Sc,», and concludes by showing that,
the seals travel siiii;lv and in pairs, not m (h'oves or luinihers as
has been claimed, tliere i-
woundcil
no ojiport unity for the intiiscriminute slaughter alleged. The percentay;e of seals
or killed and not seemed is [liaicd at (i per cent.
I he .Minister of .Marine iiiid l":,-herie~ is of
Appendix Xo. .'?, of the servants of the Ahiska (
>ini(in that the action desciibfil in
ommercia
1 (
iimiiaiiv a
t W
Olllll
idcr
lease to them troni Russia, in uiin
itoulv
maliciously slaiii^literiiii; on tlu
rookeries lll,(i(lll
for the avowi
at one tune, i)nnci|)ally
pup:
and destrovini; their sli
iiur
pose of insurinu the (ailme ot other sealers, is Init nnotlier argunn'ril
a<;ninst secuiini; a monopoly ot the seal-lishinu' interest in the North I'aeilie Ocean for ll.
Alaska Coinniercial Comiianv, and while this one act has heei
le destructive tl
laii
tliO
eoinbined c
the interfei
ations ot the otl.er sealers in the liehrin"; s Sea. it renders altoifether erroneous
)f I'nited States' authorities on the pk'a ot ])rot(ction with
■'ntniiiit.-
|)uisiiits ol sealers in tlie open sea.
lie
oinmittee concurring in
the ahi
)ove Reuort recommend that vour Ivxcelleiicv tic
inovt'd to I'oruard a . opv lu reof to the Rinhl Iloiioiiiahle the Se( retai) of St.ile lor tlit
Col
onies
and that ,i e(
h:- also forwarded to the llii:li Cominis.'.iom r lor Canada fer lii-
inlormation
All uiiicli is respectlnllv submitted for your Kxcellencv's approval.
(Signed) JOHN .1. M(UI::i;,
Cleric. Privy Council.
ntioii Id tlic
!ii; willi ;^Mii
not bc'lii'vcil
Initeil Stiller
our (il such
I scaling III'
pport (if ilip
istnry 'if ilir
lilir nfahont
vi'sst'l of tile
I tin: (llttVri 111
laUeii 111 llii'
tlic inoiles o!
JiiiU'd Slate>'
•atioti'i of the
opuscd liy th'
e I'fiuale scal«
li^'s Scii, siicli
iiadi.iii hcmIiii:
Dwiiiu: thiit, :!•■
aiiiii'd, thciT i-
scals wminilcd
1 (Ifsciilifil ill
Holiiii Islaml.
. i-iiii< on thi'ir
Hi; itii'ir skill-
itlu'i' arauiiu'iu
: Occlill fi)l li'i'
ctivo lliaii lilt
tliei L'iroiicoui
■ ■'nliiiiiit-
IvM'cllfiicy lie
if Stale fur tiit
Canada k\ hi-
\i((;i:i;.
'rivij Couiifil.
:ir.6
A|i|piiMdix I.
Ulnfeiiiciih iif I'riirtiiiil //nn'irn.
I W.iS . ;ii|M'Mlii nil 1 Ill till' .iridiii','-'*i'liii"ni'r " 'riiiiiii|ili " nil luT vnyai;!' llin vciir. ( hie iif llii!
hilliliT'* »';is diuwiicil jiisl licrni" I'llli'l ill'.' lliOirili;,''.s Scii, iilid I tcmk liis pliiic. i Wiis mil liiiiitiii'j sciil.i
iiliuiii II wcfli, lull till' wi'iillicr wiis liiiilj :iiid I irnt mily Iwciilv-lhrci' suiils. I Imd liiiil im c'\|icii''iii'i'.
I iwuil il li|-n'rli-Iiiailili;_' mImiI-;^iiii, and ■<lii.| -ciiIm at ii lali'.'i' hI' IVniii lit tii |."i Minis. I In-L niii^ si-al
lliioiii'li ilic I'lii'i'lcxncs- of ilii' liiiiit liaiiif- nililiiii'.' llic Imal nvcr llic -I'al, wliirli laiik dirri'tlv tilali-r
lliu li'iat.
Mip>t 111' seal- liHl liy IniiiliMS arc slml :ii Imij,' niii'^is willi tin- lillr. (liic ImiibM nn ilic
Tiiiiiii|ih " this yi'iir yul nvi-r «i\ty sciils mid inily Insl mif. 1 iii'Vcv saw a ccav snil with lin yniiiig
liiMiic liii'. Out (if till' twciil v-lliicc I 1,'iit, live nr six wtiro (tows rarrviiii; llicir Vimiii','.
(Si«iif(i.) ".l.\.Mi:s WIISdN.
t'iili/ii", (liiti.ili ('iilnmliiii, ^liiifiisl '.I, ISf^ll.
]\'illint,l Fi ii'iiliju.
I have I'ecii (liivi! yi'ius lniiiliii;» seal ; (in llir racilic ('oast ami in licliiiii^j's Sea. In ISK7 1 was on
l.ii.iiil llii' M'alin;4-.s(liiiiiii('r " l''aviiiiiili'," in IKS.S mi lln' " Viva." and in 1>>H'.I mi Imaid llir " 'rriiiiiipli."
Ill I'a'li ycai till' vcssiil I was on ciiIckmI ilic I'.cliiiii;.;'- Sea early in .liil>,aiic| left llie -la llie lallii |pavt
■ if .\ II'. list "r early in .'sciileiiiliei-, evcept this veav, wlieli ihe " 'I'liiini] h " left the -la mi the 1 llli .Inly,
iiii'li'i- tlneat of seizure, al'ler .seairhed hv the I'liiteil States' eiitter " Kilsh." In IHS7 the hunters I
h;is with well' ]iarlly Indians and |iaiHy whites. In Ihe Iwo last years the limiters were all whites,
ii>ili;; .^lli>l-ylllls and rille.s. The ritles were ii>ed hv llic mole ('\|ierieiieed liniiters and heller shuts tor
l'i|i;;-laii'.;f slmotin^', iiji to iDd yards, hut few hiinteis iitleni]ited ihal raie^e. The liinrral laii^e inr
lilh's is iiiil iiM^r lifty yards, mid most shots me iniide at a less raii^e.
.\ I'ew hunters used till' rille for all disiain'cr.. I use I'ither rille or shoi-.^im, aerunlinu^ to the
i|i«l,iiire and position ol'tlie M'lil and the '■oiiditimi of the water.
.Mv first year I "ot alioiiL 400 seals. In oettin^r dij.s niiniher, J failed to i aiitiire ahmit tweiity-livi;
-!i"t al, "1 killed, or woiiniled. hut which eseuped. Ill iiiv second year I i;ot over ."lOH mid lost ahoiit
tliiity. This year I eot Md, .iiid lost only one. 1 have fre(Hieiitly sliol from two to live seal ilia
I'liiicli. ,111(1 L'ol tlieni all, ( Ine day in 1,S,S7 I i,'ot two hanches of live each and another of four, and ;^ot
ill'' wlmle Iniirteeii.
Iiiiliaii hiiiitcrs use spears, and either u''t every ,seal they throw at or it '•sra|ic- uiihur!. i.i hut
di'.;lilly wounded, Indians, it can he ,safely said, net every seal they kill,
iisiar Scair, a hunter on tlii' "Viva" in ISS,'^. L;ot over (KlO seals, and l"-t only alioiit twenty.
The ;ivi'ra;/e numlier lost hy while hiintei-s does iiol cNcecd six in lon, and liy the Indians ipit six in
I.'lail. 1 have never shot nor have F ever seen a female .seal with a yoiliic one heside or with her. [t
I- viiv -ililmii a I'eniide is kiUed in rieliiiiig's .Sea, carrying; lii'r vouiil; with her, aial mil ..I' l.dlin kilh-d
11 ll "ii-l earlier in the season less than one-third are h;iiiales carrying their vouiil:.
CSiLMied) " \VM. I'KWINCS.
Vi'i'ifHi, IliHixk I'lihiiiiliiii, Aiiiiiht '.I, \M'.K
('iijilaiii ./. D. Woyren
I ,iiii a iiiasier mariner. and have heen actively eli,i;iiHed in tln' deep-sea .>caliii,u' liii.siiies.s tor twenty
Vwi's. 1 liavi^ owned and coiiimiiinh'd seidiie,'-Ves.sels mi viyaucs aloiii,' the I'acilic, (.'oasl from
■17 ill -hs north lalilude to 50' or oT'" imrtli latilude within lichriii'^s .Sea, I liave ijcneridly
i'iii|i|"ycil Inilians, except in IHSOand l.'*.ST,tlie last years I was out, when I had white hunters as well.
Wiale liiiiitcrs use ritles ami shot-L;uiis entirely, liidiali hiintcrs iisi. s|i('iirs, liiillet,s weichiinj; Irmil
'ml lo-IIMI ^'raiiis arc ii,sed with ritles. and onlinary hiick-shot with i,'iins. llotli ritles and shol-nuiis
'fi' 'ill li-loadiiii.', and ol' the hest make. Si'als are a|iproaclied i-y the liuntcrs ill hoats, Ui 111 or l.">
.v.inU, lyiii^' '.generally aslei'i the wati.r. Krenueiitly seals arc taken ali\e when as|ee|i, cs|iecially hy
the liuliaiis. who, in their caiioes. yel within I'rmn a spear's IciiLjth (14 or I." I'cet} to :;ii feel hehnc they
Ihriiu, linliaiis rarely losi. a seal they strike, and if one esea]ies it is always hut s|i.;htly w..iiiide,l. (If
>'-als killcil hy white' hunters, prohalily not .iver 10 per rent, are killed with rille. whi'li is ..rcnerally
"sihI Inr ..Illy a loii^' niii^e,
."^.'.ili'is .livide the seals fi.r hunting' j.iirposes int.. two classes, "slec).cr>" ,in.l '■ l.c.leis ; " or
"triiMilliTs sleepers " are almost always shot at from 10 to I", \ar.ls ranee, and ao' .^chl.im lost,
' fci'ilers" are shot at just as their heads enier;,'c from the water. I'roiii this fact tin- lali'^e is always
I'l'iii a l.w leel to lll0'viirds,lliou;.di few are tired al tli.il distaii.-e. Hunters ii>c a, " j^alT." a pole ahoul
'""1 I'-' I..' loiiL', with ' to three hooks upon it, with whiili lliey catch theM.al and i.riii^' il into
ll" i.'.al II the seal sinks, the "'_Nill"' is run down. and the. seal ho..keil up. 'I'lie liiiti-h sealiiii;-vc.-.sel.s
'iii|'l"V 111.. re Imiiaii ihmi while hiinlcrs. Mv cvpcriencc with white hunters is mit so extensive as
»illi li..liaiis, hill froni wliiit I have seen wliili' cii.i,'ii5;ed in sealiii',' I .'an sa.' that n..t over si\ in I'verv
I'l" "'■•■ih killeil hy while liiinters arc lost m escape.
Kx|.iiiciii..(lli-.intcr.sseldciin Io..,e a seal ; the losses ale ehiclly made hy incx)icrieiiceil liiiiitci',s, only
'•'« "I whom ai'i employed, loi the le.itx'ii th.it a,> hantur.s are imiJ so much a skin, infi.'iior men
' "III"! iii.iki' ;;nod wa^-es. I have noticed iio diniiiiutioii in tlif niiniber of seals diiriiej the twenty
Ili'S] 1? Z 2
til" li'iiiiil('>i iMiniiii; tlic'ir ymiii'^ ^cl iiilu lln' wn lljcy yo t'l llu' lni'i'diiij; islainl-i m- niiikiTic^, imd iiu
iVw iliiys llu'ii' vuMiij; lire liiiiii. 'I'lii' ciiws Miiiiin with lln'ir vmiiiii; iiiiill llicy iiii' i|iiil(' alilr to tulo:
ciiriMil' tlic'iii-:i'lv('-i. I iln iixl tliiiiU tliiil mil III' till' mmIm liikcii liy Iiifjiaii iiml u liil ' liiiiilri f imii|i> tlnn
;!0 ]iiT (•(■lit. 111'!' Irliialcs artimlly lurcilirji; iir r;i|ia'ilii nl lilci'ilili;^.
"tljil liilll.s," " li.iillcliil'S," " IWii-yraiMiliI |ni|is," ami " liiirni inw.i' iii.iKc ii|i tin' ;;IimI IimJuiiIv
('iiws iii'tiinlly liivciliiii,' air vii|'y wali'lil'iil, uiul wliilr nii llir vnya;;!! iimtliwaiil aiv rvcr nii llu; uIik, i,,
tlicv all' ililliciilt til lake. Uli till' iitlirr liaml, tln' ullin rIa.-M-, alum- lialil'il inaki- ii|i tlir piMl i Ls.
of " slui'liuLS " fiMiii wliirli I'lllly '.III \n-r riilit. of tlu! wIihId catrli (if liniilcrs i^ ilnivnl. I ikvh
saw iir iicai'il nf a "niu" liaviiii,' lici- ymiiig lirsiik' licr in tin' walrr, ritliir "ii tlir rna.^l m- i;,
lii'lii-iiiu's Sra.
iSi..ii,.,li .1. 1) WAIM.IA'
Vlrlnri". Urillsh r„l„,iil'i''. Aiiijii^l 1(1, 1S8'.).
(Si,u'ii.ii) .1. n \v.\i;i,K.\,
('itnliiiit Sii'i''i'y<K
I liavr 1 11 a ina'-ti'f sraliT fm- I'.vu yi-ars. lit ISSS 1 ciiiiihiaiiili'il llir " Aiaiiiiali," ami in Isyi
till' " Waltrl' !.. Itiili,'' ami iliiliii^' Imtli ycaif scali'il aliili',' tlii' niaMl rimii nIV I'uiiil Xnrlliwiinl t"
JV'lii inn's Sea. In l.SH.S I hail Imliaii liiinti'is, nml this year white hunters. The Imlians IuM'Virv
I'cw seals, fill' if the spear stiiki! the seal is j^ut, ami if the speaf misses the seal iif cniirse u.iCiilits
uiilmit. The white linnteis nse lilies ami sliut-j^niis, the latter iiiiieh imire than tlie furiiier. Itilli'snrt
iweil iiiily liy yiuiil shuts, ami then at nnly Imi;,' raii;,'e. The .seals hist hy white hiinleis after htiii;
.shut III' wiiiimled ilii mil iin the luwer eeast lAieeil six in Illtl, ami mi thi' Alaska eoast ami in IMiriiig's
Se;i nut liver fmir in loo.
• In sailin;,' I ueiieiallv take 10 per eeiit. a'lilitinnal ainninnitimi I'ur waste shut, that is, if ci.lni-
laliii.u mi a ealeh of .'^OOO seals, I wmiM take aiiiinnnitiun fur :i,:'imi slmls. That was diinlili' tli.'
excess the hunters wmihl emisMer nee.essaiy, ninl I never km-w that pereeiita;.4c uf waste Am\
Uf he useil. I never saw u fein lie seal with her vin'ii^' hesiile her in the water. Ont uf a latd;
of \,\1'.\ M'.ils this year, I hail unly lil'ty-live seals nmler '1 yeais ulil, /'.'■., lietweeii I ami 2 yeiirs nlil.
Whi'ii at Oiiiialaska this year, 1 le.iiiii'il t!;at the Ala>ka L'miiim'ii'ial ('miiiiiiiiy last year litteil mil
twii .small sehiimii'is lielmi;^'in.\' tu private parties with lari,'i' ilee]i nets several hiiinlreil falhuiiis liiiii'.
wliieli were set aeniss the passes leailiie.; fnun I'l'hriiiLr's Sea (^r the piirpn'e nf eaV hiiiL; yuiiiit; si'iik
One uf these seliuuners ^'ut TOO <il Ihesi' ymiii;,' seals, .'ihmit \ ini'iitlis uM, ami suhl theni tu the AIiiAj
C'uninieii'ial ljiiin|.any at 2 ilul. ull e. ajiieee.
A scliiimier, the " Siieneer K liainl," 111 ur lli tuns, was then at Oiiiialaska littiii^ up tu };o lu
Akuutan I'a.-'S fur the same pnriiuse this fall. The law furhiils the killiiiL;' uf all fiii-lieaiiiiii aniiiiiilsin
Alaskan waters hy any hnnters except the natives, yet such is ihme. every Near at Kuiliak, Saliitka, iiiiJ
the .Meiitian Islamis liy white hunters litti'il iiiit hy the Alaskan Cmnnienial (Junipany, uinli'r tin-
u.ureenieiit that tli" furs must he suM tu tlii^ ( 'nnipaiiw
(SiLriieil/ II. V. .'<li;\VAI!li. .lA-v/.T,
Virl.iriii, llrUUh Cidmi'hifi, Aiun'"' 10, ISS'.i. J,ii>,-ir,ni s,h..,.n, r " U'"lh,- L IH'-I'."
ll'iiHi'r Ifoiisr.
I was , I hunter iin the sehuuner " Waller I,. Kieli," uii her s-aliiiL; vuviiLje this Mar. It«a.siii;
first year uli the J'acilie eiia.st, hiil [ hail hail .seven years' experiem-e mi the New luunillainl ua-t
eatchiii',' hair-.seals. This year un the " llich " I i,'ut IH.'i seals ami hist live, which sank liel'uri' I n^aclii'l
them. 1 ii'-eil a shiil-L;uii. The hunters un the"J!i('h" lust i'limit the .sinie luupurliun, suuhmi li'«
mure, .sunie less. I never saw a cuw seal in liie water with liur yuuiiu hesiile her ur ii-ar her, iiorliav*
I ever heaul uf smh a cise.
(biyncilj W.Vl.TKU llnl.sl'.
Vidiji-i,i, Jlri/i.ih Columhi'i, Aii'jad 10, IHS'J.
Miinuraniluin
KslIM.vri': ul the Aniuiiiit jiaiii fur \Va;,'i.'<, A-c, uf the Victuri.i Sealing; rieet, ami tin
pruhalile li'eturns.
Wngf H of iTPw .inil liiiiiler", per vcsst-l , ,
liisuniiirr I'n-iiiiuiii on ^ .000 d'liiar^, at 7 [ii'r ifiit.
P^^vi^iOlls, !iiU, amimeiiti.iii, Ac,
■j'utiil pt'r vi'st'l ,,
I"tir tiveiily vt'ri<el» cnipliifi'l , ,
.\ll avcinst* I'lilrli (HT vi-s^il at, ^ay ,,
Vitliii' ])ff skin, 7 itiil. So c.
\'!illll! f(»r tw. ■itv \«<*l!ti .. .,
Dullnri
7,000
Jlill
.•i.OOO
10,:iOO
211,'ino
2,000 bkin;.
15,000 il.illji.
.•)on,ni)o „
857
1\vh (liuiiMiMil skins in II Iriw estiniiilo ]p('i vkhsoI, niiil wi'i'i' it iint fur tliir iiilcrfiTi'iniMil ilic rniiitl
Slati-s' iMittiin ill |li'liriiii;'s Si'u, tin' catoli jH'r Vf.ssul wmiM iivcrii;,'!' (luitci ;>,0U() Hiviii>.
Cojitdin WiViiiin (fLninj.
I ;ini ii niiisliT iiiiiriiH'r, (iinl liavi- lircn sfal-liiniliii;,' on llii' I'.icilii' coiist, ((mii- yens, lliu'c uf uliidi
I w;is in r.rliriiiL,''» Sm iis wull. < Ino year I liinl lliiliiiii liiiiili'is (Jiily, iiinl llir iImim' ycais I IhhI wliitf.
Iiuiilcis imly — all nii llin scIiihhut " riillilliidcr" My i'Xl«!i'i"iici^ witli Imliaii liiiiilrrs is tliiil llnv Idsc
niiiii'— iit iiiiist II t'i'w — lit' Uii' srals tliry sjiuiii'. Tlir s]]i'ars iiri' '• liiMnliil," sunn.' willi diii', tiuinii witli
t«i) lirai'cls, anil iilii'ii tlir si'iil is stnirk", raliliin' is ci'ilaiM.
Wliiir liiiiilcrs use sliiil-t;iiiis nnil rillrs, in rmdini.' Id tlistaiiw iiiiil stall) of wator. On stnudtli
Miili'V ami at lull},' ranjjrs tlic litli' is iicnnally uscil, Imt tlir iiiiijinity ot' liiiiiti'i-s imn (lie slint-};iiii, iiml
till' u'rriit iiiajnrily hC seals ari' slml with i^iiiis,
Till' nuniln'i- lit' seals lust liy wliite liniitiTs iloes mil eMeeil hx in lOn, anil niaiiy liiiiileis lusc
niii''li less lliaii lliat iiiiiiiliiir. Almiit lialf nf llif seals taken aliiii'_' tlie enasl are nnvs iiiiil ]ierliiips
pvii-lliir.ls of (lie cdus are willi yiaiiij;. I'littini,' ii vessel's inast nitili at 4IIII, frmii I'lll tu IT.'i iiii;;lit
lie riiws witli yiiiin;;. Ill Heliriii};'s Sea the avi!ra^;e of cdws ui(h ydiiiij; killiil will iidt avera;.'C diie in
lllll. I'nr the reasiiii that as siniii as the n.ws reaeh the sen tliey t,'ii tu the l.ieeiliiiL; islanils whcie their
ynuii,' are hurii.
I never saw enws in the water with their yimii;^ with them. I ilu imt think there is any deereasc
in the nunilier of seal eiileiiiii,' 'lieliriii;,''s Sea. I never saw so many si;al iilims the eoiist as there were
this year, ami in lielirini,''s Sea they weru iiidie iiuineriius than I ever saw liel'iire. This year I slicil
fiirlv-l'unr seals anil lust diic.
(Si^mxlj \V.M, (/LKAKV,
Vii-liji-ii, British C'vhi mhiii , Sfptemher 12, 1880.
Fredrrirk Gillxrl.
I .1111 ,1 >eal hmiter. I have liren four years iin lioaril .sealing-ves.sels, diie year I was a boat rnwcr,
ainl Ihire years a hunter. I have always lieen with white huiitei-s, anil have iiseil the slidt-f,'iiii and
rill'' fur shdiitini,' seals.
Ill 1SS7 I ydt r.lS seals and lust M ; in 18MS 1 };(it 2}t and lust a; in IS.S'.l I }.'dt i."4 and hisl
111 ; "V ill the three years I ent I.L'lii .seals, and lust '.'<■'>. nr lij |iei i-ent. I never sliol nr .saw yiiips with
llie lows in the water, nor have I ever heard nC siieh a ease. Some hunters lose a lew more than I do,
lllll tlie most miliiikv hunters 1 have met with did not lose twice as manv.
(Signed) FUKIl. ClLBKItT.
llrloriu, ISriH^h Co'inniii". Srj./n„J,< r l!:, i.SH'.l.
Georf/r. llove.
.\lv liist year's seidiivi;, IS.Si;, was on hoard the "Theresa" fViuii San Kraiu'iseo to Viitiuia. We
lell Sail l''rauei.seii on the ijdth .laniiaiy, and arrived at Vietoria mi the Ttli .\|iiil. I "ot \'i'i seals, of
wliitli I lo^l aliiait 7. I u.sed a shot i,'Uii prilieipally, the rille oiilv lor loii;,' riiiii,'e si till};, say, from
:'.ii to Cai yards At \'ietiuia I left the " Then s.i" and joiiieii the " I'lithlimler." The " I'athHiider "
Icll Vietoria on tli" ftli May 1'ia- liehriny's Sea, and that trip 1 };i.t AAl seals and lost ahout 2ll. In
1887 I joined tlu! " reiielo]ie," and left Vietoria on the third Kehriiary. ! };iit dlS seals duriiii; the
i"ias.iii and lost .'il. In 1888 1 did not j^o sealiii,;;, hut in I8S',I 1 was eii.i.'aeeil on the sehoiiiier " Viva ;"
vn lelt Victoria on the lUtli .rauuary, and 1 j^ot 7;U seals during the . eii.son anil lost :'.7. I never saw
a yeiuiu' I'lip aloiieside its eow ill the, water.
-Miiiiit oiie-tliird of (he .seals taken on the eoast are rows with jmp or .apal'le ol lieiiiL; with pup.
Ill Iklirinu's .Sea I };ot four cows with piijis in them.
(.-Signed) i^KdllCK HiiWK.
T/'0}iif's llnirr.
Ill is.si;, ,,ri lioaid the "Theresa" and " ralhlinder," I };ot for the season ,"',l7 seal.s, and lost alioiit
-II. Ill |NS7, on the srl ner " I'eiieloiie," 1 eot .".111 and lost ahout oil. In l.'<88, on the " l.ily I.nd,"
1 tiel iilij and lost VI. In l.S8',i, on hoard the " Viva," 1 \nA ri87 and lo.st 27.
(Si-ned) THOMAS HOWE,
Alhrrt J. /.ntwm.
This was my lirsl year hiintin;,' seals. I went out nii the " Annie ('. Moore." We left Vietoria on
III'' "."'ill .lanuaiy. I .i.;dt diiriii}.' tJie sea.sdii :\L'0 seals. I use a slidt-Ljiin livineipally. On (he eoast I
:.;"1 ahout L'.'i Id I'lll females with yoiiii.:^ in them, and in lieliring's Sea I };ot iiliout i\ or 7. 1 nevei
saw a cow with her pup aldiigside df her in the water. 1 h'st 21 .seals tliat sank hel'dli I nuild reaeh
llii'ia.
(Si,i,'iiedj A. .1, i'.F,i,.i;.\:\i.
IMAGE EVALUATION
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Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY. 14580
(716) 872-4503
I
aaa
[A|>|>un(lix J'
SliiUm'iil hi Mr. Mih.f.
WITH
111 llic f.'irlv lii^liiiv 111' llic siiiliii'^ iiiilii.^liv ill liiili'^li ( 'iiliiniliin, it ii wrll kii
Sctlli'liniith nil tlic We"!! ciuisl iil V
nil iillViT illli
I l.llliTII rllllllull.- Islilllil.J. llll
tiiki
r snils aiiil llll- liiinliii',' nf llir Mi>a ntti'i' WHS rnllowi'il Hilly liv mil' linliiiii |iii|iiiliiti)in. <.\li
|iiii->iii-<l ilii- IikIii^Iiv ill llii'ii iivMi |ii'iiiiili\i> iiiiiiiliri', llial I-. Ii\ iisiiiL'tl iiinii' iiinl '•|>i'ai', ami .tMh
vciiUiriii.: lii'VHiiil M'A\\ nf liiiul. Their miiitcxm v as mily kiinwii In lln' Uaili'ix wlm liail slmiw ni
.■Jlalimis, iiv liailiii;; silnxiiiii?. iisiiallv \iMliii'.' I
II- Wi-I 1 niisl iliiiiir^ llial
hi: tl
11)1 111 lati'i V
cais lii'iii
ili'llv i-ii'ia-
>il
II' ulilli' ).ii|illlalliiii
illialliili-. SmMii;,' ami ili'r|i-Ki'ii lisliiii;,' iliil mil si-em
In alliail iinnli iiltriilinli. Tim I'i'W srals riiiiiilil liY llic Iriiliaiis ail.jaciiil In llii- rna-l was mt
iiii'ii'il ^iillii'ii'iil iiiiliiri'iiii'iil I II' si>aiiii'ii. aiiil aUn lln- lialiils nl ll
■al, llii'ii- ii'^iilar Vi'iiriv
iiiii.'raliiiii linm Illinium's Sea, ami tlirir Inii^ jiiiinii'V aiiil rrliiiii riillnwiii;^ iIh' I'miil lisli. wiTr nil
iimltci.s Mill full kliiiuii HI iiiiili T^liiiiil liy mil |«M)|i|e. Al al! I'Vi'iil". it ilncs mil a|i|irHr llial ihi!
kiii)wlcil)4c «as [iiisscssi'il 111 llll' '-ral lid' liv mil' liiiiili'i-s )in siiiti'il aiiv rxliii iliiliici'iiieiit In llii'lii ti'
fiillnw tills liaxanlmis ii<'Cii|ialiiiii.
rp til '.ill' year Imi.'i-liii tlic sraliiiL; imliisliy ri'iiiaiiiiil in llir lialnls nl' ll.i' wr-t cmust liiilliiiin; Imt
ill till' year IHIi'i tlie scIhmiiii'I " Kali'." ul' \'ii'tiiiia. Itiilisli I'liluiiiliia. in i liap.;c nf iMilch Uanj- and
I tnilvii'. Ii'l'l Viilniia mi a sralili;^ ami liailiii'.' vitiluii' In Ilir \..rlli I'ai iln ami llilniii'i's Sra. Tins 'iiu'i'if
III till' veil
tiii-i' is iiiikiinwii. ll is saiil lliat this Mivav.'i> was iimri' Inr tiailiii'j lliaii se
liiiiililil.'. ami ,
r.\|irilitii>iis nf till' rni'iiii'i' kiiul well' I'leiililiil at llial liliie. tin' I'liiteil Stairs lia\ iiiLl aUiiil that tin
ari|iiiri'tl |<
the |illll>i
i-se»sinn nf Ala>kn. It is imw nrm-iiilly In'lievcil tliiil tliev ilii| iml eiiler lii'liriun'.s Sia fut
nf sealill'-. Al all eveiils, ihe
|iarlii'
ail' imw ileal
I. ami nil aiillieiitii' ii-emil can U' fniinil
(ll ilieii- -inress if any) a-s a sealiii:,; xiiya;.;i'. Attev that liiiii' -nlin' fiw years ai'i'iai In have i'la]i-ril
Ix'tiii'i' ill aliiin liii^iiiess was ininh imteil. it lieiiin attractive In nnly a lew tnnleis iiiua','eil en tin
west inasi in the ii^iial barter ami eM'haii^e with Imliaiis
Tl
limieers nf the sealinu' imiiistrv, miinelv .Tallies 1 1, Wamn. IIul'Ii MiKav. ami Willi.ini
S|ii ii'4 (ill wlmni the llis| inentimieil mily survives In iiii|iail tin
ai'lv
i-ln|V nf tile linW lllllKirtallt
iiliisli'v reaju'il the lewai'il nf liiil, ami have retiieil In eiijiiv the fruits nt their lal
inlir.
Almnt
tl
lie veal':
H7HT'.' the SI 1 ner- lii'lnn''ill'_' In t'te IinH nf N'ii'tnHa. I'lritisll rnliiniliia. I«
In e\leml tlieii' Miva-^es sea
warils. ami the ininiatimis nllhe •^eals lieianie lielte
illelstninl. Sclln
111 ivj, smithi'ily in the early s|iriiii; nimiths wmilil meet the ii'liirnin',' scaK, JHaiml iinithwanl. Al
1 linie the fnllnwiliy silionliers eliya
•Tliiiiiil.in"
■ Annii \KrvV '
n this Irallie :--
IIwiimI I'V ( «|il.iui .1. I). Wirr.ii.
Ilillii.
Ownitl lir ('aplitin lln^li Mi:Ka]r.
DiUii.
In the \ear I'SSll the sel mr " Maiv Klh
II. a vessi
1 1." t.
Ill-, Was I
nil liaseil In William .'<iiiiii'.'.
ml ailileil In the seal in;,' Heel al Vii Imia ; ami in the veins 1SS|.,SJ aii\iliarv sieaii
1 iKiwer was a'
Anna liei'k ' ami " J'linnil
nil, ami several liew vessel
lileil te
I'll' liiiill The sealim; imliistrv at tin-
In ll
i-iileii'il ill a faiily |iiiis|ien
Ills enllilltlnll
l.'^s.■;. tl
Ulli'lliail si'linelii'l
San l)ii"4n
111 San
i| wliiili llaiiit
Mrl,eaii was niaster. his liinthei .\le\,imler .Mil.eaii lieiiej niali' ilmlli Nnva Sentiiins), litteil mil in Sin
rramisri. Inr the Nmtli I'lieitii ami liuhr
;'s Sea nil a walriissil
i'4 ami sealiiin vnyani.
Will
111 lliiilei'ii null they liiiiil/<il aliai'.,' the west enasl nf I 'alifniiiia .iml Itritisli rnliunhia, stall i ii;; almiil
the I si .iiiiie. iss:;. ■
iMiiin;
ll
le vnya;;e
wliii'h laste'l till llin einl nf .\ii''iis(,
iiilter, nm iiinl aiiv enniinunii'iitinli with aiiv nm
hey s|
Hike nil vesM'l nr l!i
Tliev relnriiecl In Vietflij,! alli'f a sm
The fnllnwim,' Ves«
ll lint llll I lli'lirin^i's Sea. All were fairly sunewfiil :
' .\llri-a .\ilniiiii *
■ Aiiiiii lli'.-k "
' t).'l|.liin"
le I'li'ja^eil mi the west i'na.sl lus sealers in the years lHSJ.8n, hut wliith
ToiM.
no
(in 1 69)
411
'Tliiirnim"
■ W, f. Saymnr
' RUi'k Dininniiil '
In ihe year IM.'*! tin' sehi er ".Mary I'^lleii," nf Vietnria, llil.ish I'nhiinliia. Iliuiiel MiIm
aster, tilleil mil at San Kianei-ii'ii with a iiew nf si\|eeii men In hunt ^e.ils almin ih,' wi".t iii.i>l an
iilereil rielllin^'s Sea aliniit the l.'ilh .liuie ami left alinlll the enil n)' .Vm^ilst nf the
s siilisfai Inrv In nwiiers ami eie-.v. Tliev iirnsei'iili'il their ll "_'iliiiiate ami
\n\aee W.I
llie lii'.:li -eas withmil iii\ iiilerfeieine liniii any nm
lie Vear. Tin
I'fiii viiv,i'.;i'li'
111 ll
le >allll' Near the
nnllti
.\llll.l llei'k. " ' Alln 'I \ilam
I Inu.ir
ll ■ •• Thniiitnii." " W. r. Saywai'il" ami " Mlaek lliaiimm
well' all I
iilii'-li\ in the Sni'lli I'lnilii'.
" l>nl|lllill," "(llaii'."
ii.;.i:.'ei| ill the ■.e.iliui;
111 tile Mar iHH.'i inii.siileroil a |iiiis|ieiniis line I'm- sealers -the "Man l'',lli'ii " ami " Kavniiti ," "I
Vii'tnria. havlii;; entereil Itehriiin's Sea iliirin^ .Iiiiie ami leavinj.' ahmit the einl nf .\ti),'iist. ami tlii'
nthei' .seliii'Hieri. is jiei lint att.u'heil lieretn. Imnleil in the \nrth raeitie, Inil nnt eiiteriiik'
liehriiiu''i< '^'•i
Wi-HH, but wliiili
3flO
A iiiiiiilK>r 111' Vfs>«>li worn luliiiMl id ilir flict m ilir liillnivin;: vi.ir ( l-^.m . .iihI iIi<> I'Mlciinisins
hriii I 'iiiii' Mini Muiisir, liiiiiiylit iikpiiiiiI r;i|p.. ||<>iii Ihc «i'|iiH>iiri' riilliliihlri TliU liiltcr li'd to
•'•v.ir iiijliii'.'liiljiiii hniii I'lislii'li |>liiviliirs i,\ lUr liiii'ilv ila.^'i iil' ^I'Uliii'ii sn \v>'|| iiihi|ilrcl t<i tin' ^riiliii'^'
jiilil-m All till' viHM'ls clciillli'^ lliilii Viildiiii. lilitlHli ( 'iliiliilMa riiliTi'ii lli'liiiii'_< Sim uilli tin;
\ic|iiinii III' llir scliiKiiK IS ' Active" .mil ■ K'listlci,' IihI nil Viiiiriiii\(i's IsIiiihI.
rih- Willi' H'lii' (IKSli) JM alsii iriihiikalili- Inr llir scuiili'i* iil llir " (aiiililiii,"' ■ < liiwaiil," iiml
■ rin'riilnii," till' alliiiilin;; nn iiiii>lain«'s nl Hliiili i'» imw a iiiatli'i nl liistnu. Tlii'si' vi'sm'N. lilti'il
■ lilt al Vlrliiiia I'lir vnliii;; ill tin- wati'ls uf llii' Nnrtli I'milir Onaii ami I'i'liiiii',' - -I'a ami al tin' tiiiii'
■ if »i-i/,uii' (1-1 ami Jml Aii','iiv|. Issiii, wi'ir al'mil 71' niili- Irniii llir mari-l laml.
Till riiiU'il Stall-' IIi'Ni'inii-riilti'r tniik tjnin tn < hiiiala-ka. Tin' rn'WH nl thr " (.'amliiia ' ami
■• Tli'.iriliiii," Willi till' i'\ri'|i|lciii ,,( ilic i'H|i|iiiii ainl mii' iiiiiii ili'laiiinl mi Imanl, wi'ir -i-iil in Sail
Frain 1-1 II. Ill-ally I nun milis liniii Imiiii'. ami liiiiitil ailiilt In lii"j lln-ii liiiail. ami liv a|i|>ialiii^ In tin'
I'liiilily nl' tlir liiiiiiam' tn lunl tln'ip »ii\ liaik tn tlii'ir limiii'S nil Valirmivi'i's Islitml. T'lir i ri'W nf tin'
OiiH.ml ' wiH ki|il al (lunala-ka. T'ln' iii.islir ami iiialc nf llii' " T'linriilnii " Wi'ir l.mm.'lil In tiiiil
hiliiiv a .Iml;,'!' iiaiin il jlausnii. in llii> I'liiti'il Slattt-' Itiitiict Cniiil al Silka; ami if liall llii' slmii'S
!!..il nil' Inlil iiri' tnir n< In llii' iimniii'i' in wliirli ( niiil- all' i'ihhImcIiiI in Alaska, we raiiinil I'l' -iii|iri.''i'i|
il llir M'lilict. Till' Inal was a lain' mi jii-lin', u In'ii' ilili'iiialimial liw m' inimtv liail nn rnnsiili'mlimi
'I'lir llrili-lirr niii-l siill'iT," ami lir wa- t'niiml '.'iiilly arrnlililiKlv. i In' niailri nl tlm ' Tliniiilnii "
«ii- -'iiti'iiii'il tn lliii'ty ilay-' iiiiiiri-niiini'iil ninl a line nl' .'nil ilnllar.'*; tin' niiili' In lliirty ilay.s'
niipii-"iiiiiriit ami a liin' nl :'.mi ilnllai-M. Tin- nia-im ami niali- nf lln- -niiMaiil " a- .il.«n tlic nlllrcrs
of till' ■' ( ainlina," wi'io liki'WHc iiiiili li ".I nf siiiiilai |ii'naltii'-. Tin' iiia.-tci nl llir lattil vc-wl, mii'
.latiii'i < lijilvii', uii nlil mall ami a |iiniii-('r nf liiiiisli ( 'nliiinliia. will ilinm.'lit nf Irv nwni'i-- anil ncwH
iiiiliiiL' limn Ills imri. nf \'ii tniia, altri .-iilli'iiiii.' Iiai-li anil inliiinian tii'aliin'iit al tin- liiimls nf tlid
scrviiiit.i nf tlm iiii;.'lily lir|iiilp|ir wliirll lilalantly |irin laiiiis its li.vi' t'nr lln' li'.'lil. wa- snUi-ri'il In
w,inilijr iiitn wiknI. wlnTi' lin ilii'il trniii want ami nxiKii-iin'.
Till' nlliii' iiiaNli'i'H anil niali'-. alti'i' ii'inaiiiir in |irisnn fnr -rvrral iiiniilli-, wmr ii'lnii-iil liv milrr
■ i| iIh' tniM'innr nf Alii-ka n|inii liis licimj It-i .;;lil Iiy tin' inlialiilaiil- nf .sjtki; iii llm iiiti'ii'-ts nf
lii'iiiaiiily. Tiny wi'm tnrnril mil nf i niiliiii'iinnl litrr.illv ili'siitiili'. witlnnil Inml ni- kIu'IIi'I, ami rntii-
IK'Hiil tn Iiml their way Imck as Im'.sI liny iiiiu'lil In llnir linnii'- l,.'iiiii niili's ili-lant. nailn'il mily liy ii
i'lli^' mill in-lly •.•i.ya;'i', nl- liy llm liiiinlly lnl|i nf ilin Imliali ami a r.ilini' hmt a ti'iii|M'-tiiini.s wilitiy
'KP.IIl.
Till' Sim V nf jinnr ( l._'i|\ il'. llic t.i'int.t nf an iiiis(rn|iiiliiii.s .Iiii|;.'i'. I'lianutt'iiziii'.' llnin a- {lirutdR
.'iiiil mIiIhis, till' MiI'Mi'iiiiiiil iiii|iiisniinii'lil in a fmil Aln.-kiin ilniif;i'nii (lit niily fnr a sasa'.'n .Mini , will
lull',' 111' Inlil as a Inivi'sty nii llm liiini.'iim art.-t nf ii liiiinlly (in.i'iiiiin'nt.
Till' -I linniii'i'x lur.i' 'iini' lain mi the iK-ncl'. at ( tniinlaska. wnini-ratiii ami wmtlili -s. In IM.S"
')'•' linM iiiiiiinl nf llii' I'liili'il S'ali'.s rnni'luili'il In ^nr iln-r \i',M-|s ii|i, ami in a li'lli'i rrmii
\li l;.iy.iiil In nil- I,. Wi-I, ilali'il llii' mil Orlnliii, IS.ST, ill. fnlli.wiii^' I'Miarl a|i|ii'ais:
' In lln> nniinlinii', in ackiinwli il;.;iii;; yniir note, I lakn nriiiMinii in -lain my iin|iii's-inii ilial if tlic
ihlvi' Vi-si'|s si'izi'il anil nl'lli'fOil in In' Irli'asi'il have tint lu'l'll lv.|pns-rssi'il liy llll'il nW mis. it is lint
Ivraiise nl any liiinlmnce nu llir iMli uf any nllicial nf llii.s tinMUinunl nr failllU' In nliiv llii' nliU'l Inr
i"liiiM', lull lanlialily Km aii-r nf llir nnintiiii-s nf tlin Inriilily (< tiimila.ska) wlii'ii' tliry wmi' takmi allrf
iiTi-.-t I'm- ailjmliriilimi. ami llir |.|niriiliiii;- liavinn lirrii in inn. llir n« nris liavr ml -mi I'miiit In
!■' "ii-'l In .Alaska In lr-|.iissi"i- I In In-rlvr- nf llir liln|ll'rty" in i)Urs|imi"
,\::iiii nil llir l.'illi (lilnlirrnl llir saNir yrar wr Iiml liir fnllnwiii'.' In.iii .Mi. Ilaviinl In Sir I,.
I"
Sir.
" I LiH, 1 1 nil lit nf Slllli. W'llslltilill,,!!. Il,/„l„i- \:\, IHX~.
"•'iiiitiniiiiii; my irply In ymir iinlr nf lli.' L".Mli iiltinin imniiriii'.' tlir ira-nn fnr tin- ilrlay in
'|i|11|p1\ Ml'.' with llir nnlrr issnril in .laiiiiaiy last Inr Kir Irlra-r n| Ihr I'lritis!! Vrs.-rls -ri/nl list yrar
Ml rii'liiiii'.''s Sra. I lie;; IraM' In iiii'miii ymi lliat I liaVr tins ilay rririvril a i niiiiniiiiii alinii I'lmii my
iilliaL'iir. llir Allnrni'V-driiriiil, iiilmniiiin mr that his trli'}.'miii 111 till' I'liiti'il Slalrs' Maishal at
^'ilkii I'l llir Jillh .laniiaiy lasl, niilriiii;; thr irlrasr nf the llritisli -i.linmirrs ' ( tiiwaiil," " < ainliiir,"
mil ' f ninlnli, " nwilin t'l -nliir llli-i nlli I'pt inn ami niistakr nil thr pan nf llir nllii iai In whnm it liaii
l«'ili a'lilirssnl. hail lint liri'ii ai'lrii ll|iii|l. .\ rrmwril nriln lias ;.;iinr Ini waul fnr ihrll nli'ii-r. as hail
I'lii 'ii-liinlly ilirrrlril la.st .lamiary. anil whirli I lanl nn ivasmi tn ilmil.t hail Urn )iriiniii||y nliryril.
(Sinnrili ■' T. y r.A\ m;|i."
rmiil till' lirr;jniiin it naliinilly wmiM !«' hrlirvnl liy all Ivil-mialili' |" irplr thai llir Sn irlaiv nf
'111' I'liili'il Slalrs wiiiilil liiiM' liinl iliir li's|irrl Inr thr |iin|irirlii'- nf intriiiiil miial rniiiily. ami -rr that
llii iinlrr wniilil hr rariinl iiiln iljii I hrlnrr Ihr i In-r nl till' Mar IS.-tT. Sill h m.i- imi ihr rase,
ttlmti'Vrr ilitrivi'iiril in this ill|i|n|ii.ili.' sliillllr, Il iliil imt naitrlializr lirlmi' llir l-l Nnvrinliri, ISS.S,
•ii'l mil until till' Iiilh NnV'tiilii'i "f ihal vrar iliil Mr-srs. ( 'arnr ami Mnn-ir rnriM' iln- Inllnwinn:-
■ iJnliirt III .l/il.w'.K, l.'ililid .Slill,.,' M,i,.,h.il.- (>///,, .
Mr, .sV//'(, .\,ii-ru,l--i- I. l.sys
' Vi'll .llr hrlrliV ,Hllllnli/('il illlil ilill'itnl In ilrlivri In llir li'.;lilllll iiullrl, .Mrs-is. Mlllisir ami Cn.,
Vii'l"tiii, jlrili-li I'niiiniliia. Ihr srl/ril -I hnniiri " I'ainliiir, " nl \ ii'tniia. Iliilish t'liliimliia, hrr laiklr,
iil'l'iiril, .im! I'liiiiiiiiir, a- slir iin« Ill's Ml ' hr 1 1 ill Imiir nf niiiiahiska.
^Si'JIlrll,l •• llMlliiN .VtkINs, I'liit.ii Stiifrx Miirahal.
y II \V»1I, i'.-n , I'liitril Slalrs lli|iiily t nllnlnr nf I'lHlonis,
UumiluNka. Alasku."
.'UIO
■' IhstriH of Alanlot, Uniltil Cutis' Miinhal'i iljjia,
" (iciitli'iiii'ii. Sit/cii, Xiiiriiilii-r 1, 18.SH.
" I liiivi' till' liiiiiMiir til iiilofm yi)H tliiit I Imvc ruccivcil I'lum tlic liniiniuiiliK' Allnriii'V-dt'in'riil of
till) I'liitiMl Suite's ciinlcrs tu release In llie ii;,'lilfiil ciwiier.s llie sclinuiier " ('aniline," lier tiiekle, apiiiiiel,
ami I'liriiiliiie.as site mm' lies ul the lluilioiir of Oiiiiiilaskii, in tlie iliiliiet nl' Al^tskii. Tliiinnlei mi thr
Deputy Ciilleetiir (if OilHtoiiia III Oiiil.iliuskii tn ileliver Id ymi llie |irii|ieity is lieiewill iii''Mseil.
" Very resiioeH'iilly,
(Sij,'iicil) " IJaiiton Atkins, l/niUit Stales' Mur.^linl.
" Messrs. Muiisie iiiiil (,'ii.,
Victiiriii, liritish Coluiiiljia."
Ill the year 1.S87 the vessels eiitiinerateil uii list dii ]i. 17H entered Heliriiifj's S«a nft<'.r liiiishiiiy llic
8]irili'_' seasiin. The naiiie:i nl" the sehimliers ami dales of the seizure, lnLjelher with dates nl' their siili'
at I'dii 'I'liwiHeiid, W. 'P., where ihey wen; taken after iii)st|iiiiiemeiits and delays, alsn a]p|iear. i'liey
Wen! siild mi the ijlilli Mandi, ISS'.i, earn ntly npnit at the time disimseil (if at a miminal value.
All the vesiels named cm the list, p. IT'.I, went to .sea in 1HJ<H, jinieeedimr tn Hehrin^''s Sea, iind
were, with the exee|itiiin cif the " Araiiiiiih, " wliieh was .sei/.ed, sneiM'ssfiil. This seiziin^ was made on
tile Isl .Inly iif that year liy tlu' liiissiaii .selmuner " Alexander 11," and taken to tin; port of Vlidivnstnck
Russian .Siheria.
All the vessels eimnienitcd nil p. 17'.t went to Ileliriiig's Soft ill 1889, and the return of the
" Triumph " and captiin' of the " I'daek Diamond," and .suliseiiuent escape, are all fresh in the ineiiiiiriw
of our people, and need not lie heii' re]iealed.
In eouelusion, I have luniUud remarks on the many iiuestionn arisin).; in rcftnrd to the seizure ot
our vessels, leeliii',' assured that the (Invernmeiit is doin>; everythiii;j to lainj; the matter to a spewly
settlement. Also in n;_'ard to the haliits of the .seal, many erroneou.s <ipinions lieinn j>iven in tlit
Aiiieriean press, and liy the paid oHiiial.s of the Alaska I'ur Coiii|iany as to the loss of .seals liy waiitun
slun^'hter las they term it, of our >ialers, I have made due and ililif^eiit inquiry as to the peneiitaije
of seals li.ilile to lie lost after lleiu^ shot, and from wliut 1 have gathereil, it amounts, at lausl
to only li per cent.
The haliits of the seal ale liow Well underslnod. They tnivel siiij,dy and in ]i.iils, not in dnivesnt
nuinliiis as has lieeii supposed hy sniiie, and to eover i. lariie expanse of water. They are fiiuinl
400 miles westwanl of Vaiiiouver Island, and mi^jnile to liehriii^;'s .Se;i in Septemler and I l.li.lier.
The pups leave later in Novemlier, the lempeniUMc of the water liaviui; some inlhieiicu upon llieii
movement, hut they always return to IJeliring'.s Sea in June of every year.
Vk.sskus tleaieil for Norlli I'aeilio Ocean and r)ehrinL;'s .Sea, 18.S.1
Srliodiicra.
Tom.
Mar; Rllen
FsTiirilc
63 I White crew anil tiuntrn.
80 White rrrw nml Imliiui liuntrra.
VkssKls cleared for North I'acitic Ocean, hut ilid imt enter liehriiijj's .Sea.
s<l
Tunii.
Airr.il .\iluitii ..
Aniiii lli-i-k .,
Itliick I linmiiiiil ..
Onnitilia ,,
llil|iliili
<»nici* .. .,
Kue .
Muuiilaiil Lliief .,
OiiKaril .,
Thiiniliin
W. H. SuyvvBhl . .
fi9
411
>J
.12
nil
77
:iti
2.1
3:1
V'J
liU
m
lIcV-lil^lUTill of
liickir, iipiiiiiel,
'ii(^ (inli'v (Ml till'
(Ics Miif^hnl.
Vk.ss|£I,s clcni-.'il f,,r Ni.rtlj I'lK'ific Ocfiui .md I'.rl.iiu'.' - Sc-.i. ISSO.
to the sriziiie ot
litter to 11 siicwly
iii;^ fjivi/u ill tlif
seiils liy Wiiiitou
I) the lHM(rlitiij;i;
iimirits, ;it luosl
Scboonrn.
Tnii^.
Airri-il Ailamn
119
Anna Hfck
44
ArtiTi'., ,, ..
42
FiMinUfnJ A|inl 1, IS!";.
lllnrk Diamniid ., , . ,. ,.
«2
Dolpliin
8(1
FaTorite .. . .. ,.
All
<'riri> ,,
77
( ^rolirift
32
iViiMl Auiiuil .>, ICSr., Ii; Uniti'il Sum'
fio.rmment.
Kale ,,
sa
Monntain Chief .. ,. .. ..
2S
Mary Kllf-n
6.1
llnwanl
35
Seiied Aii{(u*t 1. 1X86, lijr Unilod SuIm'
Ourcrnmenr.
iVnrloJM*
70
I*alli5ntler
66
W. H (tafward ..
60
Thornlo.i
29
SrUM Au|fU«l 1, \nc. b» Unilwl SUIm'
(iovrn)iiicn(-
T>'KM,,
63
KnitNr ..
29
Wrtrktil Frliruarj 26, 1887.
' Rustler " dill not er.tcr IJ<>>irinK'i .^<-n.
Vrssels cleared for North Pacific Ooeftii and lUdir'ng's Sea, 1887.
Srbooner
Alfrrd Adams
Anna iterk
Blark Iliaiiinnd
Dulpliin
Piivorile
(Jrai-c ..
Juanita
K:itu ,,
Mary Taylor
Mountain Chief
M.iry KUen
Fentlopi'
I'alLliruler
Sapphire
W, r. Siiywiirii
Triumph
'IVrrsa . .
Viva ,,
Wnnijerrr
Ij'lli.' r.iirflild
»S
69
40
82
60
8U
77
48
M
43
23
63
70
66
121
liO
I.-.
C3
92
Hi
l.'.o
Dirjwitition.
Seilrd Auguit 2J, IflT, and lold by IJnilnd
Sut<-i«' (ioTf-mmcnt at Fort Townwod.
W. T . March 20, 1889
Srifrd July 2. 11^87. and Fold by United
StatP-f' (tovirnmflit at Fort To«tn»rnd,
W. T., MariU 20, lii89.
Seiir.l July 12, 1H57, and fold by United
Mates' (juvi-rnnit-nt at Fort lonuiend,
W. T., Marrh 2li, 1889.
Sri.:Fil July 17, 1887. and >old by United
.^tatea' Govcrnnitiit at Fort Towntend,
Malch 20. ISB'J.
I !>fii<',i July '.1, 1B87,
Vfrnioi-nl, and rclivi
by Inilrd Slali't' tin.
I'd under bonda.
[128]
3 A
362
Vk>selh cleared for North I'aiilic (Joisiii and lii;lirin!,''H Sea, 18'<.'<.
Tun>.
DljjT ■ .'Mm.
Annio C. Mimn-
ArMUnali
Aurorit
Illiu'k DiAriinnd ,
Favorlt'
JuiUllIil
K>u ..
Lily ..
U'lit<;l .,
Miry r.i)l.ir
Mtiiliil'iiii Cliii'f
M.ry Kllni
Mawie M(-
I'll.flop,.
PathKiultr
8Ap|))iir<*
W. I'. Sniwar.l
Triuiu|ili
Tert'.'a , .
TriumpU
Vin ..
Wandt-rer
Wil.lfri-.l
71
41
Hi
tiO
40
M
6tl
28
43
23
C3
70
6C
124
M
lli
M
V*
02
16
13
' ik'iicil Jul; 1, 1884. b; Ruiiiin (iotrrnriiiit.
tCominf.
Vkssels clciirt'd for North I'aeiliR Ori.m uid lii'liriMjiH Pea, 183'J.
SrlHtont-r*-.
■r..n-.
AriH ..
'JO
Anni*' C. Hooir .
113
Aunmi.. ,
41
hlnck Diiimnni) ,
Hi
SrimI JulvU.
Fiivoril*?
m
'
Jimniti
411
Xriir.1 .lult 31.
Km- . .
;>8
■
Lilv ..
C9
I^'titi.i.,
28
Mnrv KUfii
63
Mari r.nlMr
43
M..«V" «■■ _ .
71
M(tlint;iiii Ciiiff .
23
PatliflniliT
lili
S<j/.pd Auziiflt 27.
Minnii . ,
IG
Sfiii^ July 15.
Pcncli-pe
70
Sappbiri*
124
W. P. SivKiiril
60
Triumph
98
Onh'rr.lnirjuly 11.
TtTOm..
63
Triumph
IS
Vita ..
92
WiinthTflr
16
Wiiiifriil
13
Desidi's our own twcnly-f'"" llritiali vc.'j.scIh, it i.s .said tliiit tliirty-two of olliur nntiniif liavc
r.lf'ttred al Sun Kninrisfu and I'lif^cl Sound ports nil intcndiii;j to -^o to liolirinsi'K S<>!i tlii.'i year.
S63
OwMn.
... .^^
^
Tonusge.
VaWonT
Uullit.
Whll..
Jlin.
Inilit ».
. t'l iih il
nollara.
Cirnr And Man!*)'- >■ ••
M^.rrTavlor
43
H.OflO
.'1
ii
DitM
I'athniid.T
nn
ln>'tt
it
..
'iroifr
liiii'i
VlTk
**j
li.oo.>
■it
^^ir>i^
l>. MrU«n..
MaryF.|i,n
lis
K.llllO
il
"
K (' llikiT unif Co. ..
Trnirnpli
'JH
11.0(10
.w
' ••I9W
(' SpritiK ..
Fatoht* . .
«u
H.OOO
7
iii
, .1 U.I.,
llllUl
Kal.'
in
T.MIO
:,
.10
Not known ..
Aurora ..
II
H,(K10
4
24
Jiu<it>H'n
Minnit* ..
If.
H.iOO
1
3U
Miniii and (.'(it
Sa|i|)liir<>
I'.'l
1.S.00II
11
40
M.ll.itiild ..
Wniifrni ..
1.1
2,!>llll
i
10
A. Fruiik ..
niaik Diamond ..
K2
9.500
i
30
[)illn
i.'ir
Ii9
cnon
.'i
SO
t'ltij and .Mo** .. •■
Prn. lor,..
70
In.uoii
an
l)o.l.l and ( u.
M.M..M.
71
Ki.'inii
:'l
J ,
Liindttrr^ and (.'o. . • , .
W. r. Saj«arcl ..
60
H.ciOO
.-.
SO
M.iil and (jorprl .. ..
Jnanita ..
10
ll.lHIO
.'.
i*
lloomind ilaiki'tl ,.
Aniiio C. Moorr ..
n..
1 .'i.nou
n
Ildimittiin and Co. *. ■•
Tcrraa ..
113
10,0110
■ill
,,
fliii'kaan ■• ••
Anil ., «.
'M)
n.oiM)
[ndniia .. ,. ..
.Mountain Cliief *. ..
•M
3,000
ill
i'aitin wid Cu. . ,
Wandrnr
ir.
J.iOO
"3
30
Muii, Hrotlirrh
Tritmipii ., ..
i.'i
3,cMri
3
18
liiiii^ii" .. *. .,
l>tilia .. .. .,
■>n
'.i.OOO
..
20
l.lill
•.■iiii.:,()ii
■-'11 J
375
Mciiioruml^ini.
-riHAiKH i,f Uip Amount paiil for Waj^cs, &q,, oI tin- VUlnriu .s mIiii;^ Klict, nml ilic probabU-
l!<-tiirtis
Dnilwt.
Wages of cri'W and huntera, prr Tr»*«I ., .. .. ,. ,, ,, 7,000
In'unnro jirrmiuin on .•< .0(^1 dollars, tl 7 p^'r <Tnt. .. .. .. .. .'tfiO
ProririuDt,, aait, ammuniuon, &£. ,. .. ,, ll.OOO
Total per T,^M-I , . , . , , . , . .
For twi-nty tfalcla cuipluT'd .. .. ,
An avt-r.-igr ratcli jtrr Te^i^l at, ujr
Wdu,' p«r akin, 7 dnl. 50 c.
Value for twenty Tcaaeta ..
2.nnn rkini.
15,0(111 dolUra.
301),
Two tlinusaiitl skins is a low CHtininti! jior vcsmI. iiihl wcic it ma I'T tlic iiiU'Hiiiii(;u nl tin lliiitx.'il
''utps' I'lilliTa in Bchrinp's 8ca. the ciitili wmiM avcnioc (niilo :i,(io() .«kiiiH pir v(>'<, 1.
Apj^fiidi.x -i.
JMaration (i/ f'i'rf A. I.iuidbtnj.
City 111 Viclciiia. rnivinw! nl' ItritiRli Cohimbm.
Iiuniinion ol' Oinailii.
!, i'.\I!l. A. LI'XDIil'.llfi, cf til.' <ily nf A'ai iivcr, in llif Proviiic,' ..f lirilisli Colwnibia, late of
tlio tity (vt Yakoliania, ,laiiaii, (islicrnian. (In ^nlriimly .ind ."iiiciTcly di'ilan^ as rnllnws :__
1 III III,' year IHS;! I was sliip-kn'pi r of llir srliiioiiiT " Ni.itii Slav." nf Vakipliaiiia afolv.Miid. The
said siiiiKaiii- wa.s I'lcja^'id in iiiintiii;,' and tisbiii'j in Oklmtsk Sia mid Kiirilf l^ilaiids.
■-' In iIk" iiiniitli (if Siptciiilici tile juid .sili(Kin(.r was in tlic viiiniiy d ilnliin llaiik, nr Inland.
returiiiiii; lniiii l.'api' ratnntc. On.: day tuw.iicls llir <nd nf .said nmiitli if .Splcnilni, I, with a number
'.t others fnini tlir .'■aid .-icIuioniT, jandiii mi a U;aili nf Hiiid Unliiu I.-land.
On till' island I imt tin' mate nf llic silionin r " l.inii," a vo.s.sil in l!ic cniplny uf tlic .\Ia.ska
lomaicrcial (.'ninpaiiy :i.-: a walcli vc^.-cl, aliiait tin' said Itnliin I'.ank, nr Island,
'flic .said irnlp bad willi liiiii ahniit lil'lcrn nativrs nf tlic .\|piitiaii Islands. Wliilc nil slinri' wc
iliwivcifd a '^Tcat Ifiip (if dead and icttcn sciN I'lli-d a^Minxt llic dill at lln' 'aik nf a naliiiw strip of
aiiKjiiili 1)1 lull Rucb as siiUm liani np on. 1 examined llm seals, and fiaiiidlli.it lliey laid been driven
into a lieap, elubl.eil, and afterwards ii };ieat inimber bad been rut and mutilated sn !i,s In destroy ihi;
ikiiisaial hasten ile(;iiy. The .said mate nf the " Lenli ' wa.s present, and I a^ki d him why be '■ id killed
ill ef these tliniisandH of seals — eows and ]nip3. He replied, "That is t.i ke, p any nf these mknliama
■'■llow.- In.i:i j^'eltiiio anythiiio ibis year." I asked him for bis aiithniily Ini' |.eiii,_' mi the island and
kiihu^' tho seals, lie hbowed luu a il(x;uuienl oinucd by the Alaska tnmmeleial t'onipany, diiVLtiiiH
iii:M not to allow any perficni to land mi the island exeeept the servants nf the ('mii|iany. I asked him
*lui ,i:av(i liiiij tliejiainT; he replied, be eniild not tell. The docuuient, referred to was nailed to Ibc
'iill of the house oceuiiiod by the male and hii men,
Ll2«l 3 A 2
3. Next ^jKiiiiint,' 1 went Imck t<i the iM'ncli with Ihii-ty-tlin'i- nun, ihi- crcwii uf my own v«a<tvl, &«(]
Uio BchiiiiiKr " lli'li'ii.'i," \vliii.'li wiim iiIhh nt tlic lank. Wv U'^'ini at mirr to tlni;; thu tli'iiil it(>ali< tn tha
wntvr, ntnl, aflor three ilnys and nii^lil.t hard wink, wi' jjot the iKMich rh-arcd. Kvc ry man wiui onh'tf^d
to keep loimt of the initiiliiT of dead seals lie dra^'j,'ed ulT the l«aili, and ttlien till; work Wfta dnmi wo
fcmiil that the tutul niimlHr in the |<ile was iK'tween '.),iHH) and I ll.iKMI, nearly nil (;i<wg and pupt
Tlivrt' were IIiiiiiniikIs oI' .seid.s in tlie water, hut they wmild not jiull mit mi the iH'aeh un nrcouutof ibo
■tench and Idtli Wo wash d the U'ai h as ilean a.4 we eniild, ami tiiriii d tlie ^;ravel nver an far lU W(i
were ahle. Slmrtly a heavy glilu eaiiiu on whieh wiiHlied the lieach ijnite eleau ogain, and tlio Mtoli
then iK'^n to |iiill out.
And I make this .<(ilenin deelaration. coniiritMitioii.sly Ixdievin^ the sauio to he triio and by virtiit
of the Ael riNiiL'ttiii^' extra-jiidiiiHl oaths.
(Signed) V. A. LUNDIJKKO
1889.
IVi'larvd and .tlhrnied at the City of Viitoria. ilritisli ''uluiiihia. tho 0th day of October, *ji
neforc lue,
(Signed) A. L Uki.TKA. A Xolun/ Pithlic fn/ llnyal Aulhority
in ami for the ]'rnrxnre i'/ llritifji Cotumiia.
No. 250.
Intmiational Arbitrnlinn iind Peucr Assnriiilion to Ihr Afuniuin of !<ali.shuri/. — {Received
lifcemher 7.>
40 and 4 1 , Oh/t Temple, Htrund, London,
My I^)ril, December (i, 1889.
Tlil'j roiiiinittpc of the Iiitcrnatioiiiil Arbitrution and I'cace Assnci;»tion have had
again lirnii<;lit iiikIit their iiotio- the very iiiisatisfiiclory state of allairs that has Ion;?
prevniicd rpgnixliii;; I lie seal lishirius in Ueliriiig'.s Sea niul the adjacent (;i)ust.s.
The proccediDgs of the I'liited States' crui/.crs in Keiziiip and sequcsi rating — and,
ill some cases, confiscating— llie vessels and cari;()e8 of liritisli subjects eiigni;<'d in fisheries
on the open sea, have cau.'<ed — as, no doubt, your Lordship is too well aware — excessive
and ]>roloiiti:ed inilntion ainoni;st uui feiiow-eiti/.ens uf the C'anudian Dominion, as it
would appear tiiat those in eoniinanil of Her .Majesty's vessels on the I'aeitic C'oa.st feel
themselves, tor some reason, unable to check the iiigh-handi'd proceedings of the United
Slates' cruizcis ; while those measures of redress, long since demanded by Iler Majesty'n
(jovernment, and ostensibly conceded by the United States' (joveniineiit, do not ap|iear to
have ever bei ti carried out, or compensation made to tlic victims of adinit'edly lawless
sei/uieg.
Our Coniniittee are more free ir addressing your Lordship on this sulijer , inasniueli
ns the I riiieijiles of iiiterniitional law involved in tlicse transactions, and the Vi'ilition of
established KeLjuhitions atlectin;^ the freedom of the seas, both Reeni so clear, Miat they
feel ])ersiiaded that the whole subject has only to be brought afresh to the serious
attention (d'tbe United States' Government to insure a settlement of the ({ucstions .it issue
and the termination of a I'lave occasion for irritation and complaint on the part cf llcr
.Majesty'.s Canadian subjects.
In vcnturiii'.; thus to press this international (jiiestioii on the attentiou of Her
Majesty's (ioveiiiment, our Cuiiimitteo take leave to refiM- to your Lordship'i despatch of
the lOtli Scpteinbcr, l!;B7, in which the whole history oi the case is clearly recapitulateiJ,
and till' judicial princi|iles concerned are cogently indicated.
Our ('iiininiltec trust that now that public attention has been a;;ain drawn to this
caiis<' of proloii;:ed liiclioii, the arguments in the above-named valuable .'^tate paper will
be again placid iieliire the authorities of the United States, and feel persuaded that an
ainicabli! settlement may now be speedily sought for and attained.
\Vc liave, &c.
(Signed) W. ^!AKTIN WOOD, F/.-.?.f;/iflirmfln.
J. I'UKDK. (^.RICKN, tiecrrUmj.
808^
Sn. •>■>].
Tin Miiiijiils of .'<iili,Kburii III Sir ./. I'lninnfole. — (Suhstiinvr /'•hijniphed.)
October, tJi
Sir. Fuiviijn Olfiif, Dfn'iiilivf 7, \^^'i.
I II.W'l. lii'Lii iiilitiiiail limt It l(li';.'i,iiii liUN Ikhmi rt'ciivcil l)y tli • Sccictaiy nC State
((ir till' Ciiliiiiii's troiii liif (l<)viTiior-(ifiu;nil ot ('iiiiiidi, icportiiiL; thiit liis ('(i\iiicil liuvc
(X|in'»~iil till' Hillowidi: view's in ivj^ard to iTopL'iiinn ncifoliiitions witli I lit' Uiiitud States'
GiiviriiMii'iit oil iIh' siiliirfl of till- licliriiig's Sim seal fi.slicry.
Ii i» 111 1(1 liy the (lovniiiiiciit ol ('nnadii, cm cvideiici' wliicli llii-y deem surticiciit, that
nu rial (laii!;cr exists of the cNtcniiiiintioii tif the st-id lisliiiy in liclirinn's Sen. Tliey
tlienl'ori' coiiti'iid that, if tlic United States* (iovcriiiiiriit aic not of llmt opinion, tliiit
GoviTiiiiiciit should make the proiMisiils which they consider neecs-iiiry (or the iirotcctiuii
of tlip species.
If, however, the renewal of ne^'otiatioiis is considered e\|)e(hi'nt liy Her Majesty's
(iuvt'iiiiiKiit, Canada will ai;ree to that course on the Cnllowiiij,' e(Mi(litions : —
1. That the United Slates' (loveriinieiit shall tirst ahaiidou any elaiiii to rcf^ard the
I!cliriiii;"s Sea as a vuirr clmisum, and that any existinu; le;islalii)ii in the United States,
nliiili would seem to sn|iport that claim, shall hu either ameiuied or repealed.
2. That then- shall he a direct Kepreseiitative of Canada on the IJritisli Commission
I'lilrui.led with the nei;otiatioiis, in the same inamier as at the ne;;c)tiations lor tlie 'freaty
iif Wiishliiu'toii in \^'\, the Kishcries Commission under that 'IVeaty, ami the Treaty of
\Va-'hiiii;tou of last year.
II. That any eonclusions wh'ch may ho the result of the negotiations shall he referred
to till' Dominion (io\eriiment for approval.
4. That (I'real I'ritain and Canada, witliont Russia, shall conduct any iie:;(>tiations
fur ("iMpihsatioii lor losses to British suhjeets arisin;; out of the action of die United
Slates' authorilies.
I have to leipiest you to inform nie whether you consider that these proposals will
luriii-li llie hases of possihle neg "iation.
1 am, &c.
(Signed) SALISBURY.
No. 252.
./. I'aiiiin-Jiilf Id the Mnrijtii.i of Salisbury. — {lieceivnl hij telrijrnpli, December 10.)
,\lv I,
(Vasliinijlou, Decemher 12, ISSO.
IM.MKDl.A'lT.l.^ on the receipt of your I.,or<lship's telegram of the "tli instant,
Kiiil.iiniiii; certain |iroposals of the Uoininion Goveinnienl in relation to the Hchring's Sea
fit'siicin, and insiiucliiii^ me to report whetlicr, in my opinion, those pro;)osals I'uriiishcd a
li^isi< 1)1 po.ssihle negotiation, I ohtained an interview with .Mr. Blaine, and I sounded him
on llie '-uhjeet of Canada heinj; direetly re|)rcsciitcd in any dijilomalic ne^olialiuiis which
iiii;;lit he renewed for the settlement ot the controversy. Afr. Bluine at one.' cxjircssed his
iili,-i,liite iihjection to such a course. lie said the ipicstion was one helwccn (jri'at Brilain
^indihe United States, and that his G ivernnient would certainly refuse to negotiate with
tlii' hiipi rial and Dominion (iovernmenls jointly, or with tJrcat Britain, with the
I'oiiiliiioii that the conclusions ariived at should he suhjcct to the apiiioval of Canada.
I ilid not toncli on the other proposals, lor the follow iiig reasons.
As iei:arils the ahandonnu'iit of the /iiarc t/du.vum claim, no such claim havinu; hceii
'illicinlly asserted hy the United States' CJovcrnmeiit, they would nataiaily ohjcct to
«illi;lraw it; and as regards the suj;i,'eslcd amendment of thiir legi.-hilion, such a proposal
'^'oiild gravely cnhitter the controversv, and is hardly necessary, as 1 conceive that there
i» ""liiiii'j; in the terms of such legislation, if correctly interpreted, with due regard to
ailt'rniitional law, which supports the mnrp cliiusiiin cluiiii.
I..islly, it has never heen 8ug^(!stcd that Hu.ssia should intervene in the ipicstion of
com|icnsatioii, hut on that question also the United States' Governinciit will insist on
'ifgntiating with Great Britain alone.
Ill my o|iinion, thcrul'ore, tliu proposals of tlie Uuminioii (■itvcniiueiit do not funiijlu
basis of pvssible negotiation.
I have, Stv.
(Signed) JULIAN i'AUNCKKOI'i';
No. 253.
Colonial Office to Foreign Office. — {Received December 10.)
Sir, Dotrninij SI reef, Decemher 10, Irt^SO.
WITH nferciice to previous torrespondciici', I iiiii directed by I^ord Kmitsfonl u
trnnsniit to you, to lie liiid liufori; the Maniui'* of Sidisbury. a copy of ft telcfjriuu from
the C!i)v<Tn(jr-(ieiieiul of Oaiiuda, roiitiiiiiiiif^ the views o'' his (loviTiiiiient iis to the
Eropiiscd nrgotiutions at Wusliiiigton for the establishinciit of a cl(is(> time for scaU ib
ehiinii's Sea.
As at present advised. Lord Knutsford is disposed to think that the conditions
(6). (''^1 Ul), upon whieli the Uominion (jovernment are williiij; to enter upon the
nef,'()tiMtions, may ho acceded to; and his [^ordsiiip trusts that the point referred to in [n.
may prove rapaliij of arranurenient.
I am to take this opportunity of transmit tin}; to you, for Lord Salisbury's inforiiiatinu,
copies of the despatch and tlie tdcjirani to which this niessaf^c replies.
I am, &c.
(Signed) JOHN HRAMSTON.
IncloRurc 1 in No. 2.5,3.
Lord Knutsford to Lord Sliinleii of Preston.
My Lord, Downinij Street, Xovemher 2i\ 188!).
ill^ll Majc.'ty's Government itave been informed (hat a proposal to renew at NVashiii;'-
ton the diploini'tic ncu;otiation commenced last year between liie Uoverninents of tli(
United Slates. (Jreat Hiitain, and llussia, with a vie.v to prevent tlie exterminiitimi ofsciil-
ill Ik'hring's Sea by their wliolesale destruction duiini; the breeding season, would be accT|ii-
able to the Goveriimciil of tiie I'nited States.
Ill eomiiieiieini,' neu^otiation it would be desirable to dbfaiii, in the first place, a;i
adn^i^^.-il)ll from the United States' (iovernmeiit that they have no ri5;ht to claim tli(
Behiiiiir's Sea as a ninrr claiit^iiw, and thus admission will of course remove a serious inipcdi-
nieiit which had embarrassed the discussion of the various questions at issue. Anotlicr
point to be kept in view, would be the consent of the United States' Government to pvc
such direetioiis as may be necessary for the prevention of any further seizures of ('anadiai
vessels in the Heliring's Sea, tlioirjh it may be observed that the ncirotiations ou^lit to In
satisfactorilv concluded before A])ril. until which month tiicre would be no ipustion oi
furtiuT seizures.
Wit!
id to the compensation payable on iieeoiint of past seizure^, tlieie is icaso;
to bilieve tliat the United States' Government would jiropcise that tlii> suiijeet shoiilil lorii!
a part of tiie !:jt'iKr.d nciiotiations.
I think I am ri;xht in eoncludin;.; that the Dominion {government is now prepaicil t
concur in any reasonable arraniiement for the establishment of a close season in Helirin;_''>
Sea, and F fheicfore anticipate that your advisers will a'j;ree with Her Majesty's Govcrc-
nieiit in IbinluMi; it expedient to commence the siii:i;isfed negotiation at an early date, llcr
Majesty's Alinister being assisted during the negotiation by an otiiccr or olliccrs of tld
Caiiailian Govcniinent.
You will understand that the conclusions whicii may be arrived at bv the I'cprr.-cii-
tativ(-s of the lluve Powers would be reported to their respective Gnvernin'.'nts for coiisi-
deniti'iii, and would nut be binding upon the subjects of any I'ower which bai ni''-
accepted tbeiii.
I have explained to the lli',di ('ommissicnier tor Canada the u'eneral nature oi tli>
projiosal, and 1 shall be glad to learn by teleirraph that your Ministers a|:ree with ili-'r
Majesty's Govcniinent that llcr Majesty's .Minister should be instructed to proi'On
lo not ruriiiih i
JNCRFOTK
HIAMSTON.
no7
lorinally lo tlie United Stntrs' Ooverntnent tho resumption of tlie tripartite npfrotintioii at
\Vasliini,'t()ii in tliu event of his iccciviii!: sntisfnctory assurniices from Mr. Ulaiiie on tlie
-iibji'cl of till- conipenHOtion tlainied for llritisli niibject», and the cessatioii of seizures.
I have, Ao.
(Signed) KNirr.'^FORD.
hielosnre i in No. 'J.'!.!.
I.onl Kmi/sfnril to Lord Stnnlei/ of Prcslnn,
(Tt'lii.'rapliii'.'l Dorrnliig Slrfrl, Dcii-mhcT .'i, I'^'tO.
IIOI'I", tliat Colonial Government ajrree to proposal iiuiieatcl in my ileispateli of "JHrd
Ncivciiiln'r on the seal fislicry (piestion. Her Majesty's Ciovernment anxious for reply by
ti'li'sm|)l) as soon as [lossililc.
Inclosuro S in No. 2r>3.
Lmd t<lnnh'ij of Vreslon tn Lord Knutsford.
\\s l.iinl, Goveniiiifiil House, Otlaini, Dfirmliir O, 18S!).
I HAD the iiDDom' to send to your Lordsliip to-day a telegra|)liic Mies:.H^c, of which
the iiillnwini; is the suhataneu :—
■' In reply to ynnr telegram Privy Council, at a nieutinir luld to-day, reeonmuiul a
riply lo lie sent as follows : —
"I. Satisfactory evidence is held by Canada that the danijei' of r\t( rniination does
pot ivaily exist.
■'1'. That if Unite<l States' (joverniiient holds different o|)inion tlic pr.)posal should
lie iniule by them.
"If it is dcetued expedient by Her Majesty's (ioverninenl to initiate proceed int;s,
(.anadian autboiities consent lo a reopenin:; of uegoti-itions on the lollowini^ conditions: —
■' [a.) Tliat the L'nited .'^tates abandon its claim to consider BeliriiiL;'s Sea as a in'ire
Wfflii.Mim, and repeal all legislation scemins^ to support that claim.
■'(//.) 'Il'.at as in the cases of the Wasbinfjton Treaty lis71, the Fishery Commission
umlirtliat Trcaiyand the Washington Treaty I ^SS, Canada shall have direct representation
III! tin- niifisli Commission.
" (c.) I'Ir' approval of Canada to any conclusions arrived at shall he necessary.
" ((/.) Russia to be excluded from the negotiations in reference t o compensation and
•iiziire>."
1 have, &c.
(Signed) STANLKV OF I'HKSTOX.
No. 2:a.
h'oni(jn Ofjivc lo liilirtiiidniiul Arh:lriil)hii niiil I'cnrc Asuoritition.
I^nitli'iiifii, I'orcig)! OJfiri', Di'cembrr 11, 188!t.
1 A.\l directed by the Maiquis of Salisbury to acknowledge the receipt of your letter
ufthetitli instant, in which, on buhalf of the Committee of the international Arbitration
and Peace Association, you call attention to the (picstion of the seal fisheries in Hehring's
!*('a.
1 am to state, in reply, for the infornifition of your Comtnittcc, that this matter is
receiving the earnest attention of Her Majesty's Government.
I am, &c.
(Signed) P. CUHKIl-:.
368
No. 2J5.
Colonial Office t Forriijn OJfirf. — (lierein-il Deremhi-r 12.)
Sir,
D'^unimj SIrrrt, Drcfmhei \2, 188!).
>VirEl relcreiup to the letter from this I)e|mrtincnt of the '24th October, nlulingto
tiie seizure, l)v the United Stales' authorities in Bciiring's Sen, of the British srhooncn
"Juanita" and " I'alhtindcr," 1 iini directed by Lord Kniitsford to transmit to you, to be
laid before the Marquis of Salisiiury, for such action us his Ixirdship may tiiink pruper,
copies of two despatches from tiie Deputy Governor of Canada, forwardiuK- t\wm for
coni))cn<iation for loss sustained by reason of such seizures.
I am, &c.
l.Sigucd) JOHN nilAM.STON.
Inch)surc I in No. 'J-l;'*.
Dfputy Governor Ritchie 'o Lord Knulufnnl.
My l.ord, Ottawa, Novniher 14, ISsU.
WITH reference to mv despatch of the 21st ultimo, dealing with the seizure of the
British schooner "Juanita" in Bchrini;'* Sea, I have the honour to transmit herewith a
copy of an approved Report of a Committee of the I'rivy Council, submittin;; the claim
to compensation advanced 'jy the owners of that vessel ns^ainst the I'nited .'Jtale*'
Government for loss incurred by reason of her seizure.
I have, &c.
(Signed) NV. .F. KITCHIE.
Inclosurc '2 in No. 25.'^.
Report of a Commitlcc of the Honourable the Privy Cnuncil, aiiprovd by his lisirllenry tki
Governor-General in Council on the 9th November, IHSO.
ON a Report, dated the Uli November, 1m8'J, from the Minister of Marine .ind
Fisheries, siibinittiii';, in connection with tiie seizure in the Hehrini?'s Sea of the Hritisli
schooner " Juanita," the circumstances attendini; wliieii were detailed in a Minute ol
Council (l.itc I tiie 1-ltIi September, 1.S89, formal statements and claim to compens.itio!i
for loss incurred by rea.son of the seizure of said vessel, and the trail 'c: of tlie United
States' Revenue cutter "Richard Rusli" of lier carj^o of scalskii^s and twelve .spi'ar8.ai
Well as tlie cstinntcd balance of sealskins to coni|)letc the vessel's catoli had she not been
interfered \\it,li in the le.;itimate |)ursuit of her calling, whicli. with incidcnf.il expenses.
aggrc;;ate ll,G'J.") dollars.
'I'he .Minist'.r observes that the claim is advanced by .Mr. Richarii Hall, of Hall.
Ooepcl, and Co., ol Victoria, 15riti.->h Columbia, part owners and business maiiai,'crs, ai:.i
by Mr. Charles li. (Clarke, part owner and master of the vessel in (picstioii ; and iif
recommends tlint this claim b-; forwarded through the jiroper channel to 1 Icr .M.ijt'sty'-
Government, for transmission to the (iovcrnment of the United States.
The CouniiiUt.e advise that your Hxcellency be moved to forward copies In reof to tlie
Rijjht Honourable the S.-crctary of State for the Colonies for tr.msmisK! :. to the (Joverr-
ineiit of the United Slates, as recommended by the Minister of Marine and Fisheries.
All which is respectfully submitted for vour I'lxcelleney's ajjproval.
(Signed) JOHN J. McGEE,
Clerk, Privy Council.
HIIAMSTON.
J. lUTCHIE.
his Kxrrlleney tkl
mo
IiicloNurc :< in No. '2j!i.
Affiilmil i,f Chnrhn E. fliirke.
Citv (if Vic'lnrin, I'roviiirp of Hrili«li ( oliiinlii.i,
Doiiiiiiioi) of CaiMiia.
I, v'llAHI-KS I",. CLAKKi:, «>l llii- liiv of Victoria, in the IVoviiiui- of lirilisli
Ciiliiniliiii, Doiiiiiiion of Ciiiiiiilu, iiiii'«tcr iiiariiicr, dn ^^dlciiinly und sinccii-ly dcclure us
fiilldws: —
1. I nm IIk' fiiily r('!;ist(M('(l nwiicr of sixteen sixly-fmiitlis of tlic lliilisli vessel
".liiiiiiilfi.' SI li()oii('i-riu'i:i<l. ol tl.o |ii'it of Vii'ioria afoixsiiid, liie oilier owners of said
vessel lieini; HieliMi'd Hall, inereli.int. Wdliani .1. (ioep^l, niei'('li:int, l)i)tli of the said city
of N'ictoiin, and lliins I It li;e-.oii, of the same pfiee, ti^lieinian, eae'n evtin^' an e(|uid
miiiilier of siiares in said v('.«s "I.
'J. On I lie 7ili day of May, a.m. IH^It, i clenreij tlic said "Jiianit.i" u! 'nc Ciisfom-
liiiii'c ill lie siiid |n)it of Viduila tor a sealinu; and liiinlini; voy.i^e in tl>i' North I'.ieifin
Onaii iiiid liihiiirj's Se.i. On the said vo\a;;e I w.is thii>ter ol si'i'i vessel, and had li
Miiliii'^ ( rew ol' I'oiir nu II. 'I'lie •' .liiaiii'a " -aili d fnun llif port of V ' ria on lite '•tli May
III"!, anil was ei|iii|i|>rd and |i|iivi^ioiieil lor a lull mm^-'ihV voyage and iiipposes above
nitiitioiud.
'■\. On tile west coast ol Vancouver Island i t >ok on board fourteen Iiuli.in liuiitcrs,
ami til' ' 'ailed northward.
4. (Jn the 'Jnd day of diily hist the ".Inaiiita" ei icred l!cliring'8 Sua tlirougli tlie
Oiiiiiiiiiik I'ass.
,'i. Iviily in the inornini; of the I^lst .)iilv last the United Stales' i^cvenne cntfer
" Uiilianl l!ii-h " steained n|i to the "Jiiaiiita" and ileniaiided that I heave uiv vessel to.
I liiil Ml, iiihI whs .it onee hoanh d hy three oliiei rs t.oni the " Kiish. ' The ollieer in eliari;e
;id\> il nil if I li.id any si aUI\in> on hoard, ami a^Ked me if I h.iil lal<en any seal in liihrin^'s
Si ;i. 1 liiid him I had eiime into the se i on the -nd .^llv, and had .ili iiit lill'l skins on
iinaiil. Ill' then reported to tin; Ciiplaiti of the " Knsli." informini; me that he would
liiivr to sii/c my vessel and her (aiu'o.
(i, 'I'lie ''aptain of the " Kii-h " ordered llu- sciilslxins to be taken I'rom the ".Inanita"
iiiiii put on ho, nil the " Knsh," which was al onee dime, the ntimher taken lieiim 'iOU. A
ill iiiaiid whh made hv the lioardiiii; ollieer fur my ship's papers, and all '_'iin-, ammimilion,
iiiiii speiiis on hoard, lie olitaitied the sli(|)'s papers miiiI sjiears (twelve in mnnlier). wliiili
«ire liiken on hoard IIk^ " Knsh."
'i'. Ill 11 to aimesed, marked "A,'' is a eu|iy ol' the ceiiili .ale of seizure i;iven to ine
liy ilie ollieer from the said >leaniir "liiehaid Unsli," who also in.-.triieted me to proceed
Id Sitka, in the tenitory ol Ala-k.i, and to deliver a seali'd letter, which 1k' then iiandLiI
iiif til till' linilcd States'" District Aftorney ot tliat place.
s. lieiiii; unable to continue tcalin^ and nuntin.i:, I sailed out ol Uehrinj^'s Sea, and
urriviil at S'uloria aforesaid on the \W\.\\ day of Ausiust last.
'.). On my arrival at Vietoiia I hiinded (h'j naid sealed letter to the Collector of
Cusloiiis.
lO. Had the "Juanlta" not been seized, and her hmitmi,' inipiciiients taken away, I
verily lulieve that the said ".Jn;inita" wnull li;i\e made a total c.iteii in lichrin^'s i^ea tile
lull sens.in of ;SS!) of not less than I.MMI seal-kins.
Dei hue I at the city of N'ietoiia, Hritisli ( oiiimhia, by the suiil ("hailvs V.. ('larke, the
lath ilav of October, a.'d. 18811.
(Signed) ClIAlll.KS I",. CLAHKI':.
licfore me,
(Si,i;iu(l) AuTiifii Lot IS 15i;i,VK.\,
.1 Suluni Puhlir hi/ limjiil (uttkuiitij in niiil ((.r the Province of Urilish
Columbia, nxidiny iin<l pnirlisinij at Victoria aforesaid.
[128]
3 H
970
Inclnsurc 4 in No. 255.
Certificute,
United Slatcx' steamer " Runli," lirliriiK/ Sen,
To wlioiii it may concern. Lai. 5.5° A'S A'., Lmiy. 170° -40' )V., July 31, 1881).
THIS will certify that I nave tliis day sci/.od the Hritisii !^(•il()oner "Juanita,"ot
Victoria, British C()iu/iil)ia, C. K. Ci.irkc, iiiasU;r, (or violation of Law, section lOSfi,
llcviscil Statutes, United States, and taken possession of his siiip's i)a]iers, consisting; of
registry and clearance.
(Signed) L. (i. SIIICI'AIID, Cuptuln,
United Slates' Revenue Murine.
This is the exhibit marked (A) referred to in ainiexed Declaration of Charles
E. Clarke, made heibre nie the I jth day of October, 1S8».
(Signed) A. G. Bklv!:a, Xolary Pultlic.
Inclosiire ;') in No. 255.
Atfidarit of Richard Hall.
City of Victoria, Province of British Columbiii,
Dominion of Canada,
I, RICHARD HALL, of the city of Victoria, in the Province of P.ritish Columbia,
Dominion of Ciinada, merciiant, of tlii' firm of Hall, G(je|)el, and Cc, do solemnly and
sincerely declare as follows: —
1. That the said (irni of Hall, (ioepel, and Co., arc the owners of thirty-two shares ot
the bcreinafter-iiicntioned schooner " Jnanita," of the Port of Victoria aforesaid, and an'
the business manaiiers of the said schooner.
'2. The said schooner was in May last sent by the said firm on a sealing and hunting-
voyai;e in the North I'acific Ocean and lieliring's Sea.
y. TIk' said schooner returned to \'ictoria the last of Au;;U3t, having taken, as I
am infornu'd. and do believe, by llic captain of the said schooner, on said voyage, G52 seal-
skins, of which nuiidier the said film received only thirty-two skins, sent to us from said
schooner by the " Wanderer" bet'ore the '■ .Inanita " entered Rebring's Sea, said thirty-
two sealskins having been taken outside Rehrin'.:'s Sea.
-I. 'J'he remainder of the sealskins taken by the ".dianita" was, as 1 am informed
by llie said captain, and do verily believe, taken from the ".luanita" on or about the.'ilsf
day of .Inly last, when said schooner was in Heliring's Se.i, by the orders of the Comniaiulei
ol the United States' steamer •' Richard Rush.'"
5. The market value of sealskins at tiic said Port of Victoria on or about tlie
1st October instant, when, in 'he ordinary course, the ''.luanita " would have arrived al'tir
a full scasoii's vova^ie aloresaid. was 8 dollars a skin.
(i. Prom the iitMuber of sealskins taken bv the " .luanita " up to the said 31st .Uily
1 verily believe that the sail schooner would, in a lull season, have taken at least Ijf^Uii
sealskins.
7. At the same time the ■sealskins were tid<en from the " Juanita " by the; otlieer^ ul
the said United States' steamer •' Richard Rnsli," there was also taken by the said oriicer-.
as I am inlormed by Ca|itain Clarke, and do believe, twelve spears, the vidue of wliieli war
."i dollars eacli, and the ship's papers.
S. Tlu said firm of Hall, Coe|)el, and Co., claims damages against the (iovernnient ul
the United Stales of America Uiv such taking and detention ol' sealskins, spears, a"(l >\\\\>-
papers, based u|iom the value of the skins aelu dly taken, and lor 1,17^ skins, the halaint'
of an estimated catch of 1,H00 sealskins by the said schooner i'or full season of isiiDiii
Bebriny's Sea ; also for the value of the said .>pcais, and lor the cost of obtaining a iu'«
set of ship's ])apers from the (iovernment of ( unada, an(l for legal and other c.\[icn'-"s hi
connection with the pre|)aratioii and submission of this claim.
',1. '1 hat hcicto annexed, marked " 15," is a statement in detail of siuh claim.
10. 'I'liat upon the sailing of the said schooiier in May la.sl, advances were niadc to
the hunters b.ised upon a lull season's catch, and sai 1 hunters will, n|)ou [)ayincnt ef such
claim, be entitled to and will receive their share thereof.
.171
Aiui 1, Hicliaril I lull, iimke this ssok'tnri dfciaralioii, iMuscienliiiusly believinjj the
•■M]K Id l)f true, and by virtiK! of the Act rcsjioctinn l^xtra-.liulicial Oaths.
Declared hy the said Ricliard lldl at tiic city ol \ ictoria, British Culunibia, the
jltli (lav of October, a.d. l^f^O.
(SiaiK'd) KICIIAHI) HALL.
13 c fore me,
(Signed) A. L. ni;t,vi:A,
J yiiliiru I'lilillr III) liriiiul (iiilhorilii in mid td' Hi'' Picir'iiicf nf liritkli
('iiliiiiihld, rcsidiiiij mid jiiiiiilsiiii/ iil I'lclnrln (if'iri'siiid.
Iiiclo-uic '! ill Ni
on of Cliailcs
n-' and hiintini:
(15.)
|)i;i.ui.i;i) .Statement of Claim by Owners of 15riii-ii Schooner '■.liKinila" n^'ainst the
(iovernment of the United States of Americ.i.
t'2n scuUkiiis taken frciMi '•.Jiiiiiiila' in lieliiini;'!. Siu liy rnitcil States'
stf.'juiior ** Ivii'liitrd Uiisli," at M (lol!nrs [ler tskin
1,17s sciil-kies, liiiliinee of lui estiiniitorl niteli of 1,S(K) seiilskiiis liy tin-
'•.Iimnit.'i" for the full sensoii of ISH!' in Iieliiiiii,'V Sen. at S ijollars
per skin .. ., .. .. ..
12 sj'ears, at ;! (It.Uars
Cost ufohtaiTiie;; new siiij.'s |):'.pei>
Leiial ntul other expense^ ineiduital ti' the ^eiziirp ,,
I)"N. e.
■i.!K)o on
(1,121 no
.■io no
■.'.'i 00
•J'jO 00
Total
M,t3'.)5 00
RiriJAllD MALL.
(Signed)
Tiiis is the exhibit (B) rcCerred to in the declaralioii of Richard Flail hereto annexed,
nia'ie buloic me the Nth day of Oclolnr, IHst'J.
(Signed) A. L. Bi;LYi';.\, Xnlmi/ Piihlir.
Inclosiire 7 in No. 2o5.
Depulij GoiPiiior liifrlilr to Lord h'liiilKf'ord.
-My Lord,^ Ottmin, Sin-nnhrr 1.5, 188!).
WITH reference to my deapateh of the 'j:!rd Sipleniher last, relatin'; to the
seizure in Ikbrinff's Setx of the Uritish schooner '■ r'atlitinder " by the United Slates'
Rcveiuie cutter " Hush," I have the honour to forward iiercwith a co|)y of an apitrovcd
.Minute of the Privy ('nniicii siijjniittin;,' the claim to coni|)eiisation of the inanajiing owner
"t that vessel for tlie loss .Mistaincd hy rea.^on of her seizure hv the United States'
luitliiirities.
I have, &c.
(Si-ncd) W. J. RnCIIIE.
Inrlo.vjre S in No. 25."i.
Urjiiiil iif n Ciimiiiillpc of the Hnnournhlf the I'rin/ CoiinriK niijirovcd hi/ 'ii'v li.rrcllpiini the
(Iriveninr-Gtiifiil in f.'::iih,',l(iii thr '3lh Surruiihi'i; \l^>^\).
()\ :, Report dated the .Oth November, 1 sh<). from the Minister of .Marine and
li.^lK•ries, std)iiilting in connection with the sei/uie in Mebring's Sea of tlie liritish
■-clioiiiier " I'athtinder," the circumstances atlendin^' whiLh were detailed in a .Minute of
'iiiiiKii dated the lltii September, 18S<}. formal statement and claim to compensation for
loss iiuiiia.d hy reasun of the seizure of the vessel and the traiister of her carp) to the
Lnileil Slates" Revenue entter '• Richard Rush," as well as tiie estimated i)alance of seal-
skin,., to complete the vessel's catch, had she not been inlerfered with in tiic le;;itimate
pursuit of her calling, aiiU'rcgating 2(1. TCP dollars.
372
Tlu' Miiiiftcr ohseivcs lliiit the cli.iin is adviinct'd Ity Mr. Williatn Miins'c, of tlip
firm of t ..ne and Muiisic, of \'irti)rin, iii!iMau:in;,' owner ot tlie vcssi'l in (jiicslion, ami lie
recoil imiids I hat this c'aim be (oiwardcd llirouiili the |ir()|]er ciiannel t(' Her .Majisty's
(Joveiiinu lit Inr tian-nii^ision to Ihe (I'oviiiiiiieiil of tlie I'niled Slates.
'I'lic Con iiiiltee advice tliiit join IvNeelleiiy le iiuived to li.rwani copies Ik reof'ti) the
Rijilit 1 loiiniuaiile tlie ScMitaiy ol Slate Inr llie Colmiies, (or tiaii--nii<>ion to the (iiivLTii-
llit'lit of tlie I iiildi Slates, as rceoiiiiiieiulcil by the .Ministir ol Marine and l'i>lieiies.
All "hieli is lespeeirullv suliinilted lor voiir Kxcclleiicv's npiu-ovaj.
(Si.mud) ■ .lolJ.N J. .McC.KI-:.
Cirri:, i'lini l^ohtiril.
Inelosure 'J in \o. L'.'i'i.
Affiiiaiit of U'lllifiiii Mi'ii.sir.
Cilv of \'ictoiia, Province of iirilisli f'ohiinhi
1):
oininion of Canada.
Df
Victr
mvself.
I. Wlf.M.AM :\lUNSIi:,()f ti.ecitv
ictoria. ill
the I'lovinoe of |{riti>h Cohiiiilna
311 (if ('
niiada, mere
limit.
lo >oU mm
am
1 sincer' Iv dccl.n'e as lollnw-; —
I. 1
■iiil'ei- of the (inn of ( '
d .Ml
mercliant, of the mid cilv ot
the said firm heiiv.;' compose d of I'rcdciic Came, .liininr, ol the same pfiee mid
2. 1 ;
IVcdeiie ( '
.lunii'T, is the rci.'i>tcred ownir of sixteen shares of llif
her
einafter iiu nlic iicd schoi
1'
ilhlmder,
)f Ihe Port of Metoria ; 1 am the rei;i^t('^r(l
owner of sixteen shiires of the said schooner, and the said linn are registered owners ol liii'
rciiii iiiip!,' thirty-two shares. I am tlic inaniit,in!j: oAiier of the said ^ch<)oncr.
;? Tlie
said schooner
I'athli
ni'er " cleared at ihe C'listom-lioiisc, \ i(loiia, alorc-iiiil,
on the 17lli dav of A pi 11, ,\.n. \>^-<'J, for a liiiiiti
am
Oc
IVh
■4. On tin
1 sealinji voyajje in the North I'
iclic
md sailed on the l^lh dav of .\|)iil, a.d. 18^0.
lid
Will
lam
The crew coiiM-ted of
O'l.ivrv "as m,i-ti r, and Andrew David-on was iiut^
1 cook, tuclve scniieu, and live linnter-
.O On the •J^th Jnlv last I received from the s.iid " I'athlinder " hv tin
*M\'anderer " liiim the north, .'i.'iS sealskins which had lieen can,
in the Pacilic Ocean on Inr wav noithwnrd to lk'hrin;;'s Sea.
dil hv the " I'.itl-tiinkr"
(i. On the ."iOlh Amrnst last tin- said " i'athlinder " rehiriled to
I'Uina alorcsaii,
linvin:^ on hoard an ollieer rioni the Cnited Stale!
stenii
ler " Hiehard liiisli." Captain
O'i cary reported to me that on the 2!tth dav of .Inly !a<t the said United States' stcaniiT
Hiehard Knsli '
111 in Itelirm;,' s S^ea a
west h.nuitiii
on
hii
leicd
hunt
LM' north l.ilit
I 171
to Ik
to.
The " Palhlinder
iKle a'.'i
«,is iiiiincdialciv
(led h
IV oflic'crs from the said " Kichard Hii--
The ollieer in cliame se zed t!i
I'atl
ilmder
aid took awav a
II tl
hoard (■^:')4\ eiiilit shot-
six boxes ol ammim tioii, ii (piaiitity of sail, an
d tl
papi
II
lour niii'-,
lli(
e lell all olliccr "li
hoard in chari.'e, and ordered Capt.iiii O'i-eary to take t!ie " Patlitiiider " to I'ort of Silk.;
in the Tl riiiory of Al.i-I;a.
7. At the tiiiK! of such seizure tiie sealim; season in I5ehriii;;'s Sea was less than liali
frono, and I vcnlv iielieve that had the " Pat blinder " remained unmolested in lieiiriiiL;'-
■>ea uii;il the close of Ihe season she would have caimlit not lesii than li.lO I se.ilskii
have this on information ijiven me hv the said Captain O'Leary and by Captain IVili
cr, 111
the schooner
\
also owned hv us an
md manai'ed bv mvself, who was in
the 15.
Sea the whole season of 1 >M*. The huiuini; cipiipnieiit ol the said two schooners ivu^
nhoiit ecpail.
A tew (lavs before the" Palhlinder'' was seized iiH aforesaid, slie was spoken hy tlie
" \iva." At that time the " Patiilinder" had -llit sealskins on hoard, and the " Vna"
420. 'J"he " Viva " can-ht in the full season in Uelihiig's Sea '.',1&2 seulskins, and for tin
year a total of 3 041 skins.
8. In the year 1888, und lliis year 1880, the said firm of Carne and Munsie shi|i|if!l
their sealskins to London on their own account, and hereto annexed, marked (15), is a
copy of the account sales of part (>(' the catch of the " Piitiifinder " for the ye.ir 18SS ; ami
liereto aime.xc'l, marked (C), is a ropy of the account-sales of the snid " Palhtiiulcr's
catch of seals in Ihe spiing of 1>?81), before noiii^; north. The sealskins per ''r*l aecouM
Riles (1888) netted the snid firm at \ictoria, Hrilish Columbia, about 12 dol. 2'> c. per
Hkin, aud, [ter llie second account sales, they netted the said firm about lU dol. viUc. |«'
37a
skin at Vicloriii, Hritisli Columbia. The cutcli of 1^8',) wns » spriiif; catcli, wliicli always
contains a laif^ci- pcrccntatje of small skins tliiiii the summer ami full catches, and hence
realize less per skin on an even maikd.
0. 1, fill' myself, the said Kiederic Came, >Iunioi', and for the said tirin of Carnc and
iMuiisie, cliiiin danniifcs atraiiist the (jovernment of the United States ot America for the
seizure ol the said " I'alhtinder,'' and Ici the taking mii! dttenlion of the s-aid 8j4 seal-
>l<ins, and lor l,'-4ri, the balance of the estimated catch of 2,100 in IJihrwui's Sea for a
I'll 1! siii von ; also for the jjuns, rifles, amninnition, smII. and ship's papers seized as aTorc-
siiid; anil lor le;^al and other expenses incidental to, and arisini; out of, such seizure, and
the preparation and sui)mitsion of this c'laini iherelor, and interest thereon at 7 per cent,
ptrannmn.
10. Hereto annexed, marked (A), is a Statement in detail o( sucii claim.
11. 1 am in constant conni.nnicatiou with tny aL;enis in London, Kngland, and from
iniorniation 1 have receive<l from such au:ents, 1 verily believe tiiat the |)ricc of summer
anil tail catches of sealskins from Noilh I'acltie (Ucan and 15ehring's Sea for l^S'J will he
lullv n|) to the [jriee obtained for the " I'.itliHnder's " catch, sold as ]>er account-sales (IJ),
jurelo anneved, namely, \2 dol. '_'.') e. per skin net, at Victoria, British Cohnnbia.
I'.'. Tiiat I have paid in lull the ciew and hunteis of the " I'aihlinder " fur tiie season
of ]^S!), including' the sums due to them in respect of the ^."> !■ .sealskins .seized as
afuri'sai('.
And I, William .Munsie, make this solemn di clarat ion, conscientiously believing llie
.same to be true, and by virtue ot the .\ct respecting' Kxtia-.ludieial Oaths. ^
Deelartd by the said William .Munsie, at \ictoiia, the IStii day ot' Oi lobcr, a.D. 18H!),
Iic'fore nie.
(Si-ncd) WILLIAM .MUNSfliv.
(Siiined) AiiTiiiu L. ni;i.Yi;A,
A A'n/ioi/ I'lililir ill litii/iil iiiilliorih/ in nnd for llw Prnrincf of liriliKh
(rjliiiiil.iii, i'cs-iilii:ij (iikI pniilisiiii/ iit I'lrlnriii, lliitlsli Cuhuiibia.
Inclosurc 10 in No. 'luo.
(A.)
Si'ATfiMi NT of claim by owners [of scluioner " I'atiifindcr " njrninst the (Jovernment of the
United States «l "America,' ler seizure in Hebiii);ys Sea on the L'Dlh .Inly, \bH\i.
H.')l Mal-kiiis («iii il),
t,'JIG hKiii-. Ijul^incc ol r-tiiiiiitid caltli tn " I'.illiliuiK i" lir lull Rason 18ii'.» in
iH'liriii);^ .Sim,
V!,lli() i.liiis, III I'.!.|.i|. 2j n, .;ifll
s I-11..1.H111I-., nt J.') (l.jl^iis uicli
4 riHtt<, at 'J'l fl<'ii,ii*t cicti
(i I (IXl'H llllllllllllltlllll. ill MIV
^ait . . . . ; .
('i>*t III r'hlnit'itiu iirw ^lll|t'K | api'iB
.. ■.'.i,7'J.'i no
1 U) (10
Ion 00
■JUO 00
•-'.i 00
2.> no
I.I gal mill iilliir ^ \\ ciki » an-iii;; tut of, anil li.piilciitnl to, f ueli 81 iiure . . 'IM 00
'I'olal . . . . . . . . . . . , 'JlJ,7U5 00
All! iiilinsl tlirriun nt 7 prr iint. |HT nniinin until |iiiiil.
(.Signer
W1LLL\.M .MUNSIE.
1 his is the Statement of claim referred to in the decl.ir.ition of William Munsie, as
marked (A), liereunto annexed, and made the Ihth day of October, 1881).
Ik'fore me,
(Signed) A. L. nKLYE.\, Is'ulnri) Public.
Unifpil Sliilflx' Revenue Sleniner " Rush," Lit. d'^ 24' N.,
Sir, Loiiij. 171 5,V W.. Ih'hriut/s »«, ./x/:/ l".), 188!).
You are licn-by appointed a >|)eciiil otticer. ami arc directed to proceed Dii l)Oiir(l tiie
scliooiier " I'iitlitiiidcr," of Victoria, Hritisli Coliiinbin, this day seized lor violation of
section 1!)')(), iU'vjscd Statutes of the United States, and assume charge of said vessel, her
oHicers, and crew, twenty wliitc men all told.
ExeeptioL: the navijration of the vessel, which is reserved to Ca])tain O'Lcnry, ami
which you will imf intcrti'ic witii, unless you become convinced he is proceedini; to sonic
other port tiian vouv port ot' doiination, in which event you are authoiiy.ed to assume full
charsre of tile vessid. llvcrythinir l)('iri',' in readiness, you will direct ('a|)tain O'Leiirytd
make \\w. hest of his way to Sitka, Alaska, and upon arrival at that port you will report in
person to the United States' Di-tiiet Attorney lor tin' District ot Alaska, and deliver to
iiim the letter so addressed, tiie schooner, her outfit, and the persons of Captain O'lxary,
Mate, A. Davidson, and set the crew at lilicrty. Alter heinj,' relieved of the property niiii
persons entrusted to your care, you «ill await at Sitka the arrival ol'the " Rush."
Respect fullv,
(Sit,Mied) L. C. SIIEPAIiD, CnpUiin, Umled Slnt'^s
Revenue Murine,
T. W. Hunter. Special Ofiiccr.
WILLIAM MUNSIi;
London, July 14, 1889. (Prnmiil, Juh) 18, 1889.)
Ac.ounI fSnles.
Sold by order and for account of Messrs. Came and Munsic, a. ]>. sale.
Per " Pathfinder."
('. aii'l M.
1'. 6 and p. II ca>ka nnlUil I'ur-snil skiiin.
Lot.
10. C7 smalt fiir—ial fkiii!", at .OOj. encli
11. 101 larp' i)U|is clillo, at 53s. cacli
12. 7^ iniildlini; ili'to. at .O^*. carli ..
13. !I7 small (iiitii, at >t,«. lacii
M. ;l.') " IX " ilitli). at 'JT.!. racli
15. ■\ iniildlint; ditto, at lU.f. i-flch
'1 Mnall dittii, at 3l.t. cacli ..
380
Discount Ji por i
Jutir 2\ —
I,aii<iiiiK chaffjes. tclrpraniH, (ic. . ,.
llmiHii;; and strikiii;;, .'ISO at :i.v. 0,/. (mt 10(1
I'din;; away to sdrlcr, 3Wfl, at 1». loJ.'A |ii r loo
\Vci);hii)j; ibr avi Ta(;i', 100, at '.'«. I'ul. per 100
Ccs-iiii; fur asMirtaii'iit, .'IHII, at '.'«. lii/. per I'JO
('(imitiii;; al dilhcrv. .ISO. at l,« Hi/. piT I'.'O
Hint ijii ;1S0, at (i p'. I JO wk., M \vk>.
Sliuwin^ fnr publir salt', loltiiii;, Sic.
Alluwaiirc, '.'() |k r icnl. on XJ Mv 1./.
.\sBiirtinn fur salo, 'Mi), at .'ix. Q>^<l. pir 100 ,.
Pulilii- >alc rliargi .•«, advi'rti'in^'. kr., II lots, at ;l.i. ihl.
Fire insuruiKV, | per cent. .. .. .,
Ci)niinission, "J^ per cent.
£
s.
H.
Hw
10
. ,
L'CiT
13
1 '.V>
H
, ,
'J 13
H
()
••
17
(1
3
•1
2
s'.)7
10
• '
-'J
8
1)
s7.'">
1
;•
1 3
1)
a
7
1
a
8
7
M
1
10
n
1
11
.1
3 17
1
10
H
:; I'l
5
HI
1 1
10
■-' 1
n
22 K
n
—
30
11
(Signed) CULVHRWRLL, HilOOKS, ,vm.
VVIF.LIAM MUNSli:.
Tliis is tlio oxiiibit niiirkcd " C " rcfcned to in the declaration of William Munsic,
iiiiKJo lietbiT nic tliu IHtli day of Octolior, IHsy.
(Sigiitd) A. L. Bi;i,vr,A, Notari/ Public.
i
i.
</.
tw
10
JC.T
11)
II
1!)2
H
nil
H
17
T)
t'l
4
u
:l
2
S!)7
10
'J-
8
y
Lot.
1.
■ )
;i.
1.
5.
6.
7.
s.
•X
Per " I'athrtiider."
1'. 10 (a''ks kaltoci fur-seal skiui.
l:! small fiir-si'al >kin«, at 'lyj. ciicli ..
110 liiijic i.upi ililtii. al .IS.v. i-ach ,.
107 iiiiilillint; ilittii, at :jK». ca'^li
•V.i siitnll (liltu, at ■'Jlj. racli
!l "ex." (l.ttn, at 'J7s. cacli
2 i»i<ltllin^ ililio, at 27«. rnch .. ••
SI lar^i; piiii* diitd. at .OSj. I'ncli .. ., ,
H2 lai}.'!' |iu|i< ilittci, at .'i.'!.«. racli ..
71 iiiiililliii:; >!llii). at S2.S'. rnc'h
ill sin.ill ditto, at I'St. each ,. ., .
r,r<:,
Discount 2^ pec t-i'iit.
\orem/igr 1 —
I.aiiilinn eliaiKOs. U'linranis, J^c. .. ..
Ilou-iii^; ami Klnkiiif;, 'iti.'), at lis. '.)(/. per loo
I'iliii',' a«a\ ti> sixtir. 'iH'i. at l,v. 10^/. per 100
W.li;li n^: iiir avfnii:c', \-W. at 'Jj. M per 10(1
("rsHini: tor a^soitmciit, 5G5, at 2.v. fi(/. ]ivv 120
t'ouiilliij; at (li livtMV, .005, at l.v. :',(/. iicr 100
Uciit 111! ')('•"), At ti p. 120 p. wk., ■) wk«.
ShoAvitij lor pulilic >aK', lottiii;;. iic.
Allowaiicc, 20 per ccnl. on t'l l.v. llW.
Assorliri;; tor f.al<', .OOo. at 'a. 2.','/, ])tr 100..
Piililic sail' charm'*, ailvi'i ti-tiiiv', S.C., '.) lots, at .'!,». ('«/.
VuY in<*ur.iii''i> . , • • . • ••
t'uinnii-sioii, .•■. pir rent. . . ,. ,.
Ikmnhrr i, 188f».
(Signed)
t J. il.
;)! 17
.11!)
:1H) c
1 r,o 3
12 3
2 11
210 12
217 C
IS) 12
Oil lli
l,.0O'j 12
37 12 10
1,407 la
f i. ,/.
17
1 1 2
10
;f it
11 y
.•) II
11 il
ll> II
4 18 10
(I 111 1
4 2 II
1 II 4
1 11 f.
1 17 8
84 II 8
I,:i83 12 fi
VVILLIA.M iVIUNSlK.
Ti ■ ■ the oxhiiiit marked " B" referred to in tlie deelaration of William .Munsie.
nunUi litioii mc tile Hlh day of Octoher, 188!».
(iSigiK'd) A. L. lii:LYi:.\, A'o/h/i/ Public.
Messrs. Ciirne mid Mim.'^ie,
We have ihii diiy sold for yoin' iiccoiiiit at [niblic auction tlic undermentioned iri
111 (iiiitiiriiiitv with the sal;; eonditloiis.
I'liiiiilil, the Uh Deeemlier, I8!S8. Diseouiit, '2\ per eent.
l/.i.
I.
i:\ "Pat blinder."
r. 10 iiisks.
lil small sailed liir-scal skins, at
I 10 larui' pups ditto
HIT niid'iliii^ ilitto. .
.'lil sm.dl dilto
!' c.\ small ditto . . ,,
2 niidtlliii'„'
81 lar.:i' pups dilto
82 ditl'i. ilitio
71 Mii. Idling; ilitto ..
2:1 small dilto
2 ditto, ditto .. ,.
41'.-.
c;icli
t')N.v.
oS.v.
'J7,s.
'_»7i.
u_'.^.
^,
•'>'2g.
,,
4;u.
4•^s.
376
Ex "Viva."
V. 32 ctska.
Lot.
10.
3 wl(;« Air-^^i'iil skiiii, iit
10 iiiiMlini; (liitii..
11.
4 7 small ditto
12.13.
2110 Inriie |m|)« ilitlo
14,17.
372 rlitln. liitld
18,21.
4110 midilliii'.'ilillo..
22. 23.
200 (liltii. ditto
24.
05 ditto, ditto
25. 28.
401) stimll ditto
29.
100 ditto, dill"
30.
5') diito. ditto
;il.
119 i<\ MiiiU ditto . .
;)2.
,')'.l lai-u'c ilitto
33.
2li niidillin^' ilitto
31.
10 siiiall ditto
35.
ICuny ilitto
47, St. M(ini .-in:
Total. r,.5S0/. 12.». 4i/.
70t. each.
70.. „
fi8>. „
55,. „
50.,. „
5I». .,
55«. „
50». „
46». „
47i. „
4fi». „
32j. „
49j. „
4U. „
3-'.. „
15i. „
(Sitincd)
CULVRRWl'LL, BROOKS, and Co.
Crr.vERWicr.T., IJkojks!. .\m) Co.
27, St. May;/ .Up, London, February 2, 1889.
liesult of Stiles of Suited Fiir-Sral ,'<lcin.i,
17.13.1 Nortli-wist ("..list 7 ,r 1 II,
..-..,. , , , .• DiUTi'd and sold.
.),.i(li l.oliu- Island )
Tlien- was nirniii a i^ood (loiiiuiid lor this important iirticli- at the sales liehl on the M
instanf, and all cla-.si's sold readily at the advanced I'lins t'>t.dili»lii'd at the Novciiilxr
auctions. 'I'hi' !-kin.'< were cliiedv piirciiased liy the h^nL'lish, Fii'iitli, and American buyers.
'Jhere is every indication of prices bcino maintained.
PmcEs.
Jliddliiigs and .stnnll
.Smalls
I.iifj^i' piip-* . .
Midiiliri; ditto
SlMllll diilo . ,
Iv\ Mn;iil ditto
V.\. 1 X. .-n..ill ditto
Norili-
west
1.
I.ol o< I'laiid^.
s.
>.
*. f.
;((> t(
40
'J 9
40
■2 1 to 1 1
;u)
•JU 311
li'i
55
27 33
.)•>
41
19 2ii
19
!5
1.8
■21
10 21
With C'ulvcrwoll, Mrooks, and C'o.'s coiiipllnients.
Messrs. C'arne and Munsie.
CuLVEinviM,, RnOdKR, AXU Co.
-7, St. .Mury Are, London, Novcmlxr 'J, ISSS.
Special Risidt of Snles of Salted Fur-Seal Skins, Xoimber !), 1888.
oftVrt'd and sold.
100.000 AInslia ..
O.rOJ Noith-«r-t Const
13,333 I,ol,u» Maml .. )
There was a hirj,'e nttendnnce of biiyer.s at these sales, und throuohout acii«
competition prevailed, and on all classes an important advance was estahlished. lo ''''
Alabka collection the smaller sizes realised relatively tJie highest prites. We quote
377
middliiiirs, siniills, nini laiirc |nij)'i, 2^ percent, to L'O percent, deuror, ;\ii(l iiiiddliiiL'^; and
smalls, niiddliii'.: pii|)<, snia.l pnp^, and cxIim small pups, 4'! pir cent, t'l Is p;'r cent,
iiiirhcr.
Tiie f),(lO-5 North-iMst Coast coniaincd one tine parcel whieli re di/.e 1 extreme
riitc.-, and on other panels an average advance n(' '.iO per cent, to -"lO per cent was
cstalilislicd.
'I'lie |.'),-io.'l i-()l)u-. Islands skins eontained one i^ood parcel of 2 UO(J sUins, which
realized 4(t per cent lii<;iier r.ites. 'i'tie other assortments were not of a deslialile
(k'scriplion, lint '20 per cent, niulier r.itcs were paid.
The tew Alaska skins dressed ir their natural state hy .i well-known l",iiL;li-.h linn,
sold as follows : —
Middhn-s and smail>, l-'iOv. each; small, lia,« , llO.s. ; lar-e pups, !)lv., !) I.s. ;
iiiiddlinic pujis, 7S\. ; small pups, liCi.v., iJT.v. ; e\tra small pups, oiSs. imcIi. 'riie>e prices
iiicliule the cost of dressin;;.
Pkk ics.
Mi>Mliii^~ iiTiil n;iiill<
Miiiallii-" ..
SiiutUs
Mi.l.mliL' .lin.i
SiiiiiU liitti)
t:x. si:i:ill .litld
V.\. ex. '*m.ill liiiU) , .
Ciicv ili'to, .
.\i:,Aa.
.\iill'l-«C»l
!:S III
(is to imi
■M
H.S
2S
fiS llli
:;!)
•12 '.•'.;
•JG
.')!> Ml
■>\
■l-J U(l
111
,jll tlL'
It
, ,
11
I.^.iHH
I-l
in
s.
.<. (/.
*.
</.
-■' "
tl)
ill
(1
I)
■'■' \ -27
r,\ J
.•. 1 J I II
.^il I -Jl II
;i;i I 12 (I
£11 ] N II
•Jii
;;ii (I
iJT II
:A II
2ii (1
\\ith C'ulverwell, liiooks, and Co's com])limcnts.
To .Messrs. C'iirne and .Munsie.
Odd j'ellows' l'>uildinirs, l)oui,'la- ."^trect.
X'ietoiia, Hrilish C'lilmnhia.
No, 2j(}.
('uhiniiil Otfirr til l''iri'tijv Offirr. — {Ileclrril Drccmlicr l.'i.)
Sir, DniniiiKj :<lrri't, Dfcnntn'r V-^, ISSO.
1 .\.\1 directed hy 'iord Kiinfsford to transinit to yon, for the inl'Diinalion of the
,\lai(|uis 1)1' Salislinry, ;. copy of a telegram which he has addressed to the (Jovenior-
(iineral of Ciinada iespectiii;; the proj'osed ne;;otiations at Washinmon on the suhjeef of
a close tiiiie tor seals in Behrin|^'s l^cii.
I am, &c.
(Si-iied) JOIl.N 1515AMSTOX.
Iiirl()>uie in No. 'J.'jG,
Lnnl Kuitlsfdid In [.mil Slmilni of I'vsloii.
(Tek'i;riiphie.) Dmniiiiij Slrn-t. Ihr'iiilii'i 11, 1^8!), f.M.
IN I'eply lo your teleijrani e! (ith instant.
Sir J. i'auiicelote tidctrr-'phs : Mr. lU.iine says that his (imei luiient have nevei-
■I'strleil iiiiiir rliiiisiiiii doctrine, aail will make no ilisclainu'i-, lint that the question will
IK' di .piisfil of hy inlcrnatidiial a;;rcement lir close tinu".
Ij'aitcd States' (loveriinien; do not aitree to Canadian re|iivs'ntati(in in iiei^oliation
i!S to dose time. l'rinTC(liii','s would not he in the form of a ('onimission, lint a Diplii-
niatic ('(inietencc. lirilish .Minister would he advised iiy Canailiaii .Assistant; and as
1' iiicliMims would not he liiniiiiiL; \inles.s accejited hy (iovernmeids, it would seem
uiiiieee-sary to press for direct rcpresentatinii of Canada. Uussia would not intervene in
iii'irntiiitions ,ns to compensation to British snhjccts.
[12S1
a c
378
No. 'jr>7.
Ciilnii'ml Offiir In I'lirfii/ii O/fici'. — {lirifireil Dirrmlirr N.)
Sir, Dniniiiii/ Slrnl. Di'iimlur 11, l^'SJI,
Wrril f rtciiiiii' Id tlji' letter tVoiii this |)e|i!ntlii('lil nl the K5tli liistiiiit, iiiclosin;;
copy ol'u ti'Ifjiniiii wliieli liiid iieeii iiddii'ssied to the IJcivcriio'-CJelieriil (iCCiiiiadii. irliitiii;
to tiie proposed iicj.Mitiiitii)lis at \V;iHhinuloii on t'le sidjjeet ot' tlic otabli.-liiiieilt of a close
lime lor .'■('ids ill liie liehriiifr's Se;i, I am dirccte 1 l)y I,or<l Kmit-loid to transmit to
\(io, to l)e laid liefore tli<' Mar(piis of ^ali^lmrv, a (opyot a telej;raiii n ccived iVotii tlu'
Cii)Veriior-( ieiieial, in rC])lv. eoniiininieatiiii; tli( viewi ol' lii^ (iov( rniiioiil on poiiiJ.
(onnected with thi'< matter.
i am, Xe.
(Signed) JOHN HKAMSTMN.
Inel<)>nre in No. l.'.')7.
Lnnl S/iifilfi/ nt I'nsldii In l.niil KiiiiIsJihiI.
(Teleiiiapiiic.) (Riciin-il Ihc-wl,,,- 14, l.S,-<U.)
SL'liS'l'ANCK ot l<e>()liitioiis pas-ied at iiuetinu- nl (Oiineil yestiMiiay : -
Miirr rliiiistiiit (ioetrine ha> hecii asseiti-d hv United States ol Aineiira, hy instriRtiu!;
its ollieers to seize vessels in mid-oeean, hy sitting: up that doetiini- in liu' Courts, li\
ohtaiii iir eondeinnation oi >liips on that, doctrine, and hy selliiiy: the properly of Canadian-
undrr -nth condemnation. Canada expects I'lritisji ( lovcrniiK nl not to eoneh'de ariiiimi'-
inent nnkss B: hriiiy's Sea declared in it to he IVei-. She adhere> to opinion that ti^reeincin
as to close >eason and preservation ol'seaU shotdd he sulijeet to lur approval as one ol ll.c
])artics chietly int. rested in the (piestion.
Aiiricment a-, to close season slioidd he ternnnahle iiy eacli ol the I'arlie.s to tin
Trcatv. Canada tails to undeistand oiijeetion of the L'nilod States of America to a
('aiiadian heiiii: direct Kepioent.ttivo ot I ler .Maje.-ty's Government ; but to avoid dtlav.
will di'ler without Untlier prolot to ■•ourse decided on l)y I lor .\li'.jcsty's (iovennnciit.
No. L'.js.
Coldiiltil ()//ifc Id l''iiirli/ii Of/ii r.--(l\ii<l(iil Drmiilirr IH.)
Sir, Dnwnini/ SInrI, Dnimlifr Hi, IS.'^i'.
I A.M directed hy the Secretary ot State lor the Colonics to rcipicst that yoii will
int'onn the Maripns ot' Salishury, with rerereiicu to the telej{iain Irom Lord Stanley ol
Preston on the jjioposal to resume nc aotiations rcspcctinu the Uehiinir's Sea (a copy ol
which was transmitted to you ill luy letter of the I Itli instant), that his Lordship, alter
confcrrinfr with Sir Charles 'I'uppcr, is of opini(ui that the concurrence ol the Caiiiiiii.iii
(iovirnincnt in that proposal is now sutiicientiv coinph le, and that I li'r Majestv'-. Minister
al Wasliiimtoii may he iiisti uct( d to make a lormal comnnmicatiein to the Iniled Slate-'
(jo'erntnent on the suhject.
Lord Knntsldrd ol'.serves with satisfaction that the Dominion (iovcriniK'nt, alllioiii:li
■■'■■ ■ ' •■ ■"■ '' - ■ ' out of the acts which it reca|/itulatcs in the
stn;n;;lv impressed witii the necessitv arisin;
(irst seiUeiice of the telegram niider consideration of concluding' no arraii^ciuent -.vliicli
does not either comprise or rest upon a dclinitive assurance as to the I'reedom
; :ii: • ... »i ; .i ... .. .i.. .l .:.... I... .i...
I of the
United
Ik'hrinn's Sea, is now willini; to waive the reipnreinent that a declaration hy the
Stales' Coverrment to that ellecl shall i)rece(le tlio resnmpliou of the nettotialions, and !'>
leave lor liitnre consideration at what time and in what maniur this assurance sliiill b'
oiitained.
On the second point laised in the tcleirram. Lord i\nutsloHl thinks there can he I'l
(pii'stion as to com|)lyinir in some form or other with the desire of I'anada that no riile-i-
to a close season shall be liiially ado|)tc(l unless hlio concurs in them. As the iie|,'()tiiilioii>
I W.t \\-|>r>ll ftiM W i.Itl I ik:/iMl .It I fi ■,.■ . .t t l>.> *l....i.. !><..•■. m.. t.' 1 I I Itii •■ / 1 i i . t . i 111 -if 11 . i I i c . • > I .;.;l I II I (1/7
lo a Close season siiaii oe nuauy a(io|)ic(l unless hlio concurs m iiiem. .xs me neiiooiiM
bctwien the Kipiescntatives ot the three i'owers will he a diplomatic discussion
ff;/Vrr/if/»»/, and as (Jri-at lirilain has no s|)ecial interest in the l!ehiinu''« Sea exc pf
iHhall'ol the Canadian (isheiv, this couiilrv could have no (d)|ect in assi-ntinu' In
_ 1"-^
lall' ol the Canadian (isheiy, this couiilty could hav
lonelusions unaijcptahje lo tiie Canadian (jovcrmnent
d)|ect in assi-ntinu' In ^H'*'
The lelciriani does not state the reason for whielithe Dominion (io\einmcnt prniKi-''
iliat iiiiv line pnity lo llic A'jri'cinciit sliiill have the p(.\vci' of tcrmiimlln ,' if, ami, on t!iii
pciillt. it \mII 111' iloiralilc to foiisiilrr tlir text ol' the l{<'<()liMi(ilis (it tlie I'livy Cotllicil
will II rii'civi'd ; Uiit l.oril Knutslnid apiiicliciuls th.it, ,is tin; l)i)iiiiiiioii (ioviTiiincnt
(■iiiisiduis it ilcMiKm-itntlilc that no close tiiiio is needed Cor tlu; presL-i'vation oC llie seals,
// /V);7iom' it li()l<ls lliat any eldse time wlueli may be |)iv>eril)e(l in Ilic first in-tancr niuy
|i()S'ililv, alter trial, lie lound nc-edlessly injurious to the fishery, and should l)e pruetically
siii)jirt to revision.
As the Dominion (ioverninent withdraws its stipulation I'or the direct representation
iiffaiiada in the ncznlialions, it will not he necessary to discu-is this point I'urtlier at the
pit -cut time, and I.or.l Kinit^toid eniieliides that >itnultaiifoii<ly \villi tlie discussion as to
tlic clo<e tinir, a Cnniiidssioii, eoiiiprisiiiL; a Caiiailiin Kr|)resenlative, hut u|);ip wliieli
|{ii-siii will not he rcpic'sciitril. will consider the coinpei-satioii to he paid in respect r I' tl'.e
-I ixini's ol I'lilish vessels, and other lo«si's arisiie.'' out of past intert' reiice with them.
Lord Knutstord wimld thcrclore propo-e, with Lord Salishury's concurjince, to lejily
t(i this telf'jrani that Her .Majesty's (ioverninent is -^Uul lo find that the Dnmiiiioii (ioviM'ii-
iiKiit consents to thiMieyotialion in the fiirni pro|)os(;d. and will consult tliat Gom rniiient at
-l,iL'"s, and conclude no aureeincnt as to a close time without their approval, .and leipiests
lliat a Kepresentativeiif tie' Dominion (iovernmeiit niav he niidv lo pineeed to Washiii'.'tou
iis soon a- ~ii J. I'auncerote has received his instructions.
1 am, &c.
^Siu'iied) IIOIJKR!' (;. W. IIKUl'.KK'f.
No. 2.59.
h'iirri</ii Offiri' In Colniiinl O/fiip.
-n l''iiri'li/ii ()//iii', Diuiiiihrr Ki, ISS!).
I II.W'I'. laid hel'ore the .\laripiis ol'.Salisbury your lettei ot'the lOlli instant, in which
MMi inclose ropies of two de-ipatclics from the Deputy (ioveiiior ol Caiiaila, forwanlini;
•laiiii'; lor compen''atioii for losses sustained hv the owners ol the liiitish schooners
■.hi.iiiita " and •' i'athlinder,'' in <;onse(piciice ot'the seizure of those vessels hv the I'nilcd
States' authorities in llchiinir's Sea.
His Lordship directs nu^ to recpiest you to iidbrin Lord Kiuitsford. in reply, timt these
r'.aiiiis will he coiisidererl, toj;etlier with those of other owii'i's of vessels which have leeii
-ii/c(l. in the iieuMtiatioiis which it is proposed to conduct wi'h the United Stales, and the
I'liiiiineiicenient of which i< waitiii;; tor the consent of the f'ana li ui ('lOverninent.
I am, &c
(Siirned) 1'. crmiiK.
No. 'JliO.
Iho yidiijiil" III' Siilisliiini til sir ./. Piniitrifiilr, — (Siilisliinn' lelriinifihi'il.)
''■I. Fiirihjn OJflii', Ihrnnhrr 17. l^'^l).
I ( '•Ai.MUMCA I'KI) lo the Secretary of State lor the Cidonies your tele-rain
"I ilie Kth instant in reijard to the cpiestion oi rciipenini; negotiations with the United
Stales' (ioverninent on the suhject of these.il fisheries in Hehiin>;'s Sea.
The (iovernor-Cicnei-al of Canada was matle a<'(|>iaiiitcd with the vi<'Ws of tlie I iiited
States' (ioverninent, as expressed in that tcleiirinn. and a leplv has hceii received iVnin hiiu
to llir InllowiiiL,' effect : —
••'I'he (iuveriiment of ("miada expects tint no arraiiLrcinen' will lie cotu hided with the
I aiteii .States hy Her Majesty's. ( iovi'mment in which il is not expresslv declared that the
lieliiiie.;^ Sea is tree.
"They adiiere lo tiieir view that any ai;reemeiit as lo :i close season and the
Kcserviition of seals should he niadn subject to the approval of Canada, as one of the
limits whose iiiieresls are primarily involved ; and they consider that each of the parties
III the I ri aty should have l he power of terminatiii'j: the elosc season Airreeinent.
" I he Dominion (ioveriMiicnl .ire uiiahle to niiderstanil wliv the Inited Stales s'lould
">',''■'. I') ll(.r .Majestv's (ioverninent heimr directly represented by a C.inadian Dele.;ate,
ii'.:t. Ill Older lo avoid delay, they are willing,' to deli'r without t'lirther protest to the course
'iwidtd oil by Her iMajesty's (iovernnunt."
I am, X'c.
(Simied) SAI.lSIiUKY.
rimu'iil prill"'-"
'J
;i (' 2
380
No. 2f)l.
The Marquis of Snlisburii In Sir J. Pauncrfnte. — {Suhalanrc tclvguiphed.)
Sir, Fmnijn ()//ln; PiTfrnhir 17, l««!t.
1 IIAVI'^ to iiitonn ymi that the Secretary nt' State tor the ('olonies lias Imd iiikIlt
hife eonsideratioii, in consultation with Sir ('liarles Tuippcr, the vii'ws of the Canmiiiin
Goveriiiiieiit. coiniiiimiciited to you in my despatch of this day's date, resjieetinj; tic
])ro|)osed reopeiiiiii,' ot iiej,'otiatioiis with the I'nited States on the Hehrinn's Sea (juestioii,
Lord Kiiutslnrd is of o|)inioii that tlio>e viows express with sutiieient conipk^teiuss
the concurrence ol' tiie Dominion (loverinnent in the hases wliieh would render sinli
negotiations possiiile.
They are willinu; to ahandon their former demand that, heliire the ojpcning of lli,'
nejiotiations, the I'nited Slates' (iovernment should make a ducluration di-^'-laimin}; any
pretension to rei;ard the Behrin^'s Sea as a ntitrr rliiusum.
The condition under which Canada is to be consulted hefore tlie tinal aceeptani't' > |'
any rules .ns to a close season would appear to |)rcsent no didieidty, inasinuth as the
discussions will he ail rrt'en'ii<liiiii.
llcr Majesty's (iovernment are not yet in |iosse.^sion of the text of the Kesolutioii nl
the Canadian I'rivy Council, reeommendinf; that the close--eason af^reement shuulii l>e
ferminahli' l)y hoth jparties to the Treaty, hut there would seem to he notliiiijj; unreasoiiahic
in such a slipulation.
Allhoiif^h tiie Canadian demand for a direct representative has been withdrawn, I.oril
Knutsford is of opinion that a Coinniission upon whicii Canada, hut not llus>ia, siiouiil \k
represented, might consider tiie (luestion of compensation for losses arising out of the
action of tiic United States' authorities at the same time as the discussion on the eluw-
season ai;reement is hein;^ carried on.
Lord Knutsford will inform the Governor-Goneral of Canada, hy telegraph, that Her
Majesty's (Jovernment are glad to learn that the Domiaion (iovernment consent lo the
reopening of negotiations in the form pro|io.scd ; that the Dominion Government will ho
consulted at all stages of the discussion ; and that no agreement as to a close season will
be concluded without their a[)proval.
Lord Kmitsford will, at the same time, suggest that a Canadian representative should
hold himself in readiness to proceed to Washington as soon as you have received your
instructions in regard to the negotiations.
You are now authorized to make a formal connnunication to the United States'
Government in conformity with the instructions contained in this des])ateh.
I am, Sic.
(Signed) SALISBURY.
No. 262.
Foreiyn Office In Volc.niiil Office.
Sir, Foreiyn Office, December 17, H^S!).
IN leply to your letter of the Uitli instant, I am directed hy the Marcpiis of Salisbiiiv
to transmit herewith, for the inliiimation of liord Knutslord. a copy ol the instrtictidii*
whicli have been addiessed to Her Majesty's Minister at Washington,* directing liini to
make a I'orual jiroposal to the (iovernment of the United States for the resunijition ol
negotiations on the liehring's Sea (jucstion.
1 am at ihe same time to say that Lord Salisbury concurs in the reply which LuiJ
Knutsfoid pioi)cses to return to the telegram from the Governor-General ol Canadn, ^i
cojiy of which accompanied your letter of the 14tb instant.
] am,
(Signed)
c.
r,
cuuKii:.
• No. 261
381
No. '2ir.i.
Sir ./. Piniiivrfiile to Ihi: Miiiijuis of Siilliliiin/. — (lii'rrivcti Dfrcinlii'r \S.)
('rili'!.'ia|)lii('.) Wiinhinijtdu, Doremlur 1^, l^SO.
I II.W'K ri'ccivc'd ymii' Iclcu'iiiiii (it yi ^tcriliiy.
II wiiiild In' iloinililc tliiil |)it)jii)-i'il (•ouiirmnicaticpii ol' ('oloniiil Ollicf to ('aii.i(ia iis
tij he I ciiiiM'iit to cIdsc M'ii-iDM ajiiciiiiiMl I <■ (jcli'ircd.
1 iliiiik Ml'. HIiiiiic will amcc tn an arniinriinciit tor a fixed term, mid iif'tpiwards
tirinmiililc at will ot cithcf party ; l)iit I am sure lie will not consent to (omniissioii to usscs*
(nin|'(ii-ati(iii. I Imvu siif^^psted that we slioiild aitrcc to a liMn|i sum hi't'ort' tlic n('i,'olia-
ticiii. IK' is coiisidcrin;; ti.c proposal with the I'rc^idt'r.t of the linited Statu-.
.May 1 deter >endiMj,' in a note until your l.nrdsiiip has received my private letter,
ami until .Mr. Ulaine's answer reaches me r
No. :J(i4.
1 III' Miirijiil.s itf Siilisliiin/ III Sir ./. I'liiiiinjatc, — [SiilisfdiKf li'lerjrdiihril.)
^\r, l-'oreii/n O/fln; Ihrrmlirr 18, 18Sf).
1 IIAVK received voui' leleu'ram ot this dav's date, respecting the proposed nc ;j;ntiations
on the i|U(>tion ot'tlie seal tisjieries in l!elirini;'s .s^ea.
With rerereiic:e to the re(|iK'st in thu last parai;raph, I have to inform you that you arc
authorized to deter niakiu',' a formal proposal to the United States' (iovernmcnt until you
receive a reply from .Mi. IJhiine as to the possiliiiity of ajjrcein;; upon a lump smn lor the
(•(iiiiliCM^ation of the owners of vessels seized hy tlu; I nited .'slates' aullioritie-.
I am, \c.
(Signedi SAIJSIU;i!Y.
United States'
j.\I-i8BURY.
No. •_»).').
sir J. I'aiinn-J'oli' In flic Miirijiiis of SiiHthuni. {Ihvrivid Dnrinlirr 2''>.)
.My Lord. Wiisliiiujluii, DiTcinlirr lo. 1>^M).
\VI Til reference to my despatch of the llith instant, 1 have the honour to inclose
licreuiih an extract Irom the Heport ot the Secretary of the Treasury lor the year 1S89
on the suhject of the seal islands in Ik-lirins^'s Sea.
I have, &c.
(Si-ned; JULIAN PAUNCICFOTH.
Jnclosure in No. 'JG.').
Krlriirt frniii tlii' lifjnirl iif llir Sirrclan/ nf llir Trciisiini for the i/rar ISSK „» ///c suhji-rl
of tliv Snil l.iliiii'ls in licliriiii/.s Srii.
'\'\IK lease now held hy the Ala.ska Commercial t'oinpany, of the exclusive i iifht to
t.iku fur-seals on the Ishuuls of St. I'atd and St CJeor;;e, in Hehrin^'s Sea, expires on the
1st iliiy of May next, liy the jirovisions of sections 1'J(J.'5 to lI'tlT, Revised Statutes, the
Secretary of tlie 'J'reasury is re(piired to lease to [M'oper antl resimnsihle parties, lor the
l)c>t iidvantaiitc of the United States, having; due rei;ard for the interests of the (iovcrn-
'iit'iit, the native iiihahitants, their I'omlort. maintenaiice. and education, the ri^dit of takiiiir
lui-sc;ils 1)11 the islands imiiied, and of seiidinu; vessel^ thereto tor the skins so taken, for
llu' Iciiii of twenty years, at an annual rt'iital of not li'ss liian .")().()(■() dollars, and a revenue
ta\ III 'J dollars upon each fur seal-skin taken duriiu;' I he eontiiiniuiee of the lease. These
provisions iin]iose a larije measure of lespoiisibilitv upon the Seiretary, and the ollieial
ixiii'd of lei;islativc proceedings in the last preeedinL; session of Con^riss indicites that it
i'' the will ot that body that such discretion should remain as oriyiiiallv provided in the
^tiitnte.
The present les.sees of the seal islands pay an annual rental of ;").j,0i)t) dollars and a
luniliiiied revenue tax and royalty of 2 dol. (IJ'r c. per skin, and an ex|e,icix'o of twenty
yiar- has shown the capaliility of the leasing system, when f.iithfully aihninistered, to
fc^pond to the various |iuhlie interests coneerned.
3»_'
'I'lif l'iil)\l()v Islimds lire now tln' only ini|i()it.uil soiuvis ol' supply for niciclmntalilc
si-al-skiii';, 'l'i>c ln'nl ivliicli inaki'-' those i-lamls it-* lioiii'- i-; viirinusly c^tiiimticl to iiumbcr
fmni t.tllld.COO to CrOOO.noo ^uiils, Imt llii; Tnasiny n!,'eiits on fluty at the islands Imv,.
iic;inn to ii()tf an ajiparcnt diTrcasc in the nnnihi-r ot' seals I'rs'ii'tiii!; to the islands in the
linvdinc scaso".. It is iniuii to he doin il that miv sti( h di'cira-.c i: Imt tcinpoiaiy, fur
-hoidd till- I'liltvlov iicrd di'^ap|i! ii, ilici\' is nonr to replace it. It is e-.liaiiit( il tint
upwaid" III' .'!(l(l,(i()() s.'ds were killed hy iinatithori/eil »ealinL;-vi'sseU dnrinj; tlio lireidm:
-eavoii- lit I'ss'^ ;iii(| iss'!), and as tiie ureat majnriiv of lli;-e wen' emv-. tiiere \va> mi
ainio-t : cjiial los> of pup -eals. it is oh\ ions that tlie herd must si.o'i disap|i('ar iiinlir
such a deeiiuatioii of its prndiietive ineinliers, even il the Imhiiual n^e of lire-iiins diil iii,(
tciul to drive tiie seals away from their iiaims in ailvani'i- of tlicii' extirminalioii.
Tlie Act •f tlie ".'nd .\iari'li, 1>'s'!), eoi'.feis all the needed auiliinity upon the I'.xiiutivi'
to pioteet ilie seals within the waters of the United States, hut an appropriation is
neer»«ar»' to provide ellective means tor e\erei-inu' that authority. There are not I'lmu^h
KeveMUi-ruttei^ at the disposal ol the Mepartniint to prop-rly police the sealin','-j!roani|.
during' tile dense fogs that prevail throii.;lii)ut tlie hrei'din^ season, and the L^'cit iniiiilii.'r
ol pcttv vessels eni;a;4eil in maiandini; woiild riiider it iiiipossihle lor their captors to
t'iuiii~h prize crews to take tliem all to Sitka lor eoiiili niiiation. The present state iiinl
prosjiK'ts of the industry seem In call lor prompt and energetic measures to preserve tin
valuable I'lilivlov herd tiotn di-urnetion or dispersion. It is su'.'ijesti'd that a siitlieii'iil
lorec (if criiizin!j;-vess( Is should lie chartered, cipiipped. and manned, as iiixiliar\ to •.iirh
!{('venuc-vessels as ci.aikl W spared I'rom stations, and a depl^t for prism > c«tal)lislie(l at
Ounalaska. -.vlienci they could he tvanslerieii to Sitka, and dealt with ai din^to law It
is helicved that two or three seasons of cner^^etie effort would hre. up the prcsc'U
dcstrnctixc and tlirealenini; oper.ition-i.
No. ■_'(i(l.
Sir ./. I'liiiiiii/oli' In llir Miinjiiis nf Siiliybinii. — { I'iri irril Drtinihrr "JT.)
(Telei,'r,iphic. > WiisIiIik/Iiih. Drrriiiher 2(i I'^'^ll
SKIZriil'S in Hchrin-'s Sea,
Secretary of State has lieen at \ew N'ork diiritu; past week, I reniMvi"!
discussion as to compensation this nioriiinu;. lie sl.ifed tiiat he h;id deeide<l to rejily In
tlif protest of ITer .M.ajesty's (lovirnnu'iil ol' Oelolier last, in order to place on renml
liefore tho world the precis(> j^ronnds on which his ( iovcrniiient justify the sei/,nri'-"l'
our vessids, so that any compensation driven may not lie consti'ued as .an adniissinn nf
wronir. lie hei;^'cd mc to assure your l/irdshi, that his reply would lie sent in a I'l'W
<lays. Mould not in any way eniliarr.ass tin- neijotiatioiis, and 1 will telei^raph suhstancf
to your Fiords'iip, ;ind suspend I'urther jictimi pendin'.^ its receipt.
No. -2^7.
S!r .1 'iiiiiiri'fiitr to llic Muiiiiiis nf SnlLylniri/ — (Uirvivrd Jiiniidn/ (i, l^'Ml)
.\lv I.oid, Wiixliiiii/loii. Dcivmlicr '.fi, IS?!).
1 ll.W the honour to report that 1 called on Mr. lilaine this morning' on his return
from .New \' k, where he has hecn durio'j; the p;ist week, and renewed tl'i" (li.-cussiiiii ii>
to the (ines!..,in of eoni])ensation for the seizure- in Hehrinii's S. a.
In theeoiMSc of the conversation he infoi'ined me that, on further consideratina, In'
had decided to re.ply to my protest in order to ])laco on record hefore the world the pr^'l■i^e
u'roif.ds on which the United States' (Jovcrnment justify the r-ei/.ure of the Oanailiaii
ve.-sels. so that any (onipunsation which may he 'j;iMnfed mav not he iiitei[)reted ns iin
adiiiis-ion of wrnnj:.
lie heir'.'id me, at the same time, to as-nrc your l.,iirdsliip tliat the proiinM"!
neu'otiMtions vvonld not hi: •jmhariMs-.od in any w.iv l)\ his reply, and that he would scnl it
in a few day-.
1 \iill telea-i-apli the siihstance of his note to your L')n].s!iip as soon as [ shall li;i>'''
fee. ived it, and 1 propose to suspend further action pendin-.!- its reciiot.
I liave, iS:c.
(Signed) .1. PAUXCKroTK.
No. 2'i8.
Sir ./. Piiuniffolf lit thf Mniijuis nf Salishiiiil. — {liirriiril Jiiiiiitiri/ iJ, 'Hl)L>.)
Jjv I.iinl. Wituhimilnn, Dfcriiiber 20, 1880.
I IIAVI'', the honour to lnin-.inil licifwitli an ixtracl Irom the " NVasliiii'ctoii I'ost,"
(1,1 llji' -^iiliiiTt of iili iiilvi'ili>ii'iii('iit wliif'li liiis jii>t liccii issued by tin- St'crctiiry of lli<'
Tn.i'iirv, iiivitiiij; ]iiii|i()sals for the |iiivil'.;iL' of" toUiiii,' fiii'-sL-als ii|ioii thi' lf.|iiml- of
Si. I'iiiii iiiiil Si. (iiorirc, Alaska, for tlic tciin of tw.'iity years (Vom tlic 1st M.iy ii-.'xt.
As your l,oic|>lii|) will o''s(mvi', the tiuiiilici' of seals to he taken tlni'itiu' the uar
iiiiliiii: Ma\ l^'.)l will he limile<l to 110,0011, ;iii<l lor the siicecudiii'.; years the e.iiinhi'i' will
III' (leleriiiiiieil Ity the Seeretaiy of the Treasury.
I Imvu, Sic.
fSiiriied; J. I'AlNCKI'ori-;.
Iiiclusiire in No. -fJf*.
I'll 1 1 III I J I, III llii- " Wil.sliiiiijliill Poxl" of Drrriiilirr •J.'i, \KH',),
Till: Skai. Isi.AMi ('iiSTitAC'T. -Seeretary Wiiidoiii ye>tei-.lay alteniooii is-iiei! tlic
fdlliFrtiii'.' advi'ilisenieiit, invitiiiu' ()i'o|)osals tor tiie |)iivilei;c ot laUiii',' tin-seals upon the
MiihU nf St Pan) and St. (ieo.^^e, Ala~kii :-
•The Se<'retaiy of tiie Tria-iiry will receive inojuj-als until 12 o'eioei;, noon, on the
ilrij liny nf Jann.iry, 181)0, lor the exeiiisive rii;ht to take liir-'cals upon the- Islands
olSt. I'iiiil and St, (ieoi!,'e, .\l,i.ska, tor the term ollwinlv years Iroiii the h>t day ol' .\luy,
li^iJ'i, iiJtiecnhly o the piovisions of the Statutes of the I aited States.
"Iliaddilii.il to the s|)eci(ie recpiiivinilits ol the said Statutes the .•>ucces>fiil hidderwill
lie ifiiiiired to provide a suitahle Imildinn (or a piildic school on each island and to pay the
I'.xiiiiisc of maintaiiiini; schools tliercin <liirins; a period ol not less than ciijlit moiithi in
cull \e:ir, as may he eipiiii'd hy tlie Secrelai\- of the Treasury.
" ,\lsi) to pay to tiie iniiiihitants of said ishmds, lor laliour perfonneil hy tiiciii. sueli
lii>t and pruper conipcn-aliiin as may he pre>crilied iiy the Secretary of tin: Treasiirv.
"The iiiiniiier ot -eaN to hi; taken h)r their skins n|)on said island-, diirin;; the yc ir
iiiiiiii^' .Mav IH'JI will |)e limited to (iO.diiO, and for the siieeeedini; years the luiniher will
ii' li^ leriiiiiud hy the Suci'etarv of the Treasury in aceordunee with tlu provisions
III lim,
" I'lie riu;ht is reserved to reject anv and all propo.sals not deciued to he in acordance
»iili the lii>t interc>ts of the United Si;itr-, iiiid of the inhahitants of s lid islands.
".\> a jiiiaiantee ot good faith, eacii jiroposal mii>l he aecoinpaiiied hy a propsrly
mtiiied cheipie drawn oil a United States' national liank."
No. 'Jtii),
Ciiliiiiliil (\(liri' IJ I'liinijn O/fr're. -(Urcriiril .liiiitiiinj 10.)
^'1. Diiiiiiiiiij SIri-rl. .Iiiiiuiiiij lU, ISOO.
Wrril iilciviuc to tlie letter from this Department of the 12th ultimo, 1 am directed
i'.v i.iM(l Kiiiit~lord to transmit to you, to be laid hefore the .\ ir(|ui-. of Salisluirv, copies
III tliice (lespatehes troin the (Jovernor-General of Canada, fonvanhnu; the claims lor losses
iiiciiricil hy the sei/.uie in I5ehriin;'s Sea of the " Truimpli,'" the " Lily," and the " Black
Diiiiiiiiiiil."
I lu' claim in tlie case ot the •' Minnie " has not yi'l heen ri.'ceived.
1 am, &c.
(Si};iied) ROlUiRT (;. W. I IKUBHK I'.
m as I sliall iH«
.uxcnroTE.
Iiiclii-iirc 1 in No. 2(>0.
Lord Sldiili'ij lit' I'rr.'liiii In Lord l\iii:lxfiinl.
•^'.^ l-"ril. (iiirrniiiiriil Ifoii.si; Olliiini, Demnlirr HI, 188!).
'^^ I I'll nfciencc to my despalc!. o{ the I'tith .Vuuust last,'' in. which I inclosed a copy
■'■ ill; appioved .Minute ol the Piivy (,'onneil detailing the cireuinstaiiccs atteiulinn- the
* .Si'c In.l.i.ur-' I ill No. '2'i'2.
384
wiirnJnij-of! tVotn tlio Ik'liiiii^'"s Scii of the BritisI, scaliii;; sfliooiier '' 'riiiiinph," ] Imve the
lionoiir to I'orwiird liercwitli, tor triinsmission to tlio liiiitfd States' (loveininciit, a copy ofan
approved Report of a Coiiiiii:ttee of the I'rivy Council, subniittiii!; formal siatcineiits and
claim to coiiipeiisation, on i)eiiaif of tiie owners, for loss incurred by reason of the said
vessel i)eini;- iiiterlered with in the legitimate pursuit of her calling,
I have, &c.
(Signed) STANLI<;Y OF I'RIiS'l'ON.
Iiiciosure 2 in No. L'Gt).
Report nf II Coiiiiiilltrr nf liic Ihinnumhli' the Privy ('(luiicil, iipproved bij his KxcrUcncij the
(loieriior-dciirriil in Coinicil on Xovi-mlicr l(i, 188!).
f)N' a Report, dated the lltii November, 18^0, from the Minister of Marine and
Fi. iies, sul>nnttinL^ in euiuu':;tion with the warninii-otr from the licJMinu's Sea nf tlip
British scalinii-schooner " Triumph," the eircumstanees atlendinj; which weie dctaik'd in
the Minute ol' Council dated the 2'Jnd August hist, niiide upon a Report of the l.'Uii August
last of the Minisier of Marine and I'isheries, formal statemeiils and claim to compensation
on heiialf of the owners, for loss incurred hy I'casou of tiu- said vessel heiui,' intertered with
in the lei,'itiniate pursuit other callinir.
The .Minisiir states that this claim amounts to li',(i74 dollars, and is advanced hy
Mr. F. Crow IJalu'r, of \ ietoria, British C(.!umhia, manau:ing owner, on behalf of liiiii~i;li,
Daniel Mel.eai', Rosine Gibson, and .Joim C. Blaclielt, as joint owners ot' the vessel in
question.
The Conuiiittee advise, on the reeommendatioii of the Minisier of Marine and
Fisheries, that your !''xeelleiiev ho n:oved to i'oi'ward a co|)y of this .Minute, toLrellier with
the |)apei's herewith annexed, to the Right Honourable the Secretary of .State l()r the
Colonies for transmission to the (!o\crnment of the United States.
All whieli is respeett'idlv submitted for vour H);eellencv's ajiproval.
(Signed) ."JOHN J. .M<(;Fh:, Clerk,
Prim L'lmnciL
Inclosure .'^ in No. 209.
Di'clariilion of Kili/iir Cro'r liiiLfr.
City of Vieloria, Province of Hritish Columbia,
Dominion of Canada.
I, El)C;AR('|{()\V]iAKFR, o( the city of Victoria, in the Province of British Cohniiliia,
Dominion of ('anada, retired Navigating Lieutenant, Royal Navy, but at present (anion;;
various other inisinesses) following the oeenpation or eallini: ol a h\'al l'".stat<' and Financial
Broker in the city aforesaid, and the duly aiilhorized managing owner of the liritish
sealing-sclioo:ier "' Triumph,'' do solenmly and sincerely declare as I'ollows: --
1. That said scdiooiier was built in .\pril 1>S7 in Slielb'jrne, Nova Scotia, piircliiKt'd
by myself and others, as per orii;inal register, and brought to the jiort ol' Victoria by <mc
Daniel McLean, master and part owner, I'm' the expiess pur|)ose of engaging in the busiiic-!
of scu'-liunting in the North Pacilic Ocean and Rehiiiig's Sea, and elsewhere.
2. That said vessel was duly registered at the port of \ietoria, Rritish Coluinliia, hy
the usual method ot" transfer ot regislrv, on the 2nd Deecmb'.r, i887, with the port
niiniher 1 1, her registered tonnage lieing H~''A. and her ollieial number, !l(),()81.
3. 'Ihat said ves>el arrived at the port of Victoria on or ahmit the 2r)tli April, 188S,
and alter muleigoiiej; usual relit and oiitlit for lu r sealing voyage, cleared from the port df
id prosecuted that branch
Victoria on i^r alioul tlie ."ith .May, l^^^sss^ fo,- Pudiiiiig's Sea, ai
of tlie de<'p-sea li^heries known a^ seal-hunting, in -^iiid arm of the .North Pucilic < locnii.
with a crew coin|)oscd piincipdly of Indian hunters, and returned to \'ietoria on or about
the 12th September of said year with ii catch of 2.41)1 sealskins, and the master rcjiortrfl
no interference or molestation on tlu; part of the United States' Revenue cruizera.
1. 'I'hat said catch was sold in i!ie market at Victoria for the price or siiin «l
11,2.!,' dol, ":') e., and after reimbursing all expense of oiiKit for the hunting period,
payment ol bmitera and crew, yicld<'d a very handsome profit to the owners of said vcsh'
for their sea-on's venture.
f). That the price paid for skins during liic season iimncdiutcly above refericd to
385
ami ^t'iiwoitliV iis it was pos
in s;niviiiir-(io(;k at Ksciuiiiial
iibovc ivli'ii'cd
MIS 'i dollars only in Victoria, tliouijli 75 dol. 2.') c. and tif) dol. .jO <:. was obtained at the
UHiial fall sales in London, Orcat Britain.
• 1. That the registered owners of -.lid ve>sei at tii.it time were: Edi;ar Cro'V Baker,
L'l sliaics ; Walter K. Blackctt, -1 shares; Haniel McLean, iiiJsliares, [larticiiiatini; equally
ill till' profits, and the vessel eoninianded hv same master.
That in January ol' tlir present year (1SS9), in order to make tlie vessel as staunch
sihie to malie a vessel, not then two vt'ars old. she was docked
and coppered to !) 'eet forward and 11 feet aft, at an expense
lo tile owners of 1,'2.'{4 dol. .50 c., tiieri'Uy t'nhancini; the value of said vessel from
8,'J'iO dollars to very nearly !),;')()() dollars.
N. That the primary object in spaiin^ no expense to efficiently eipiip said vessel was
tiiat she inii;lit "keep the sea" in any weather, and prolong her seal-hunting voyage until
liie latest moment of the season, and return to her lionie-|)iirt in the following season with
a catch in excess of that already (pioted.
!l. That the declarant sent said vessel down to .^'an Franii~co on the 24th March of
the present year, in order to procure the best white hunters, scidinii; boats and sealing
onttit ohlainable, and disbursed loi- same and provi-^ions 2,0fib dol. 24 c.
10. That said vessel lelt iSan I'ranciseo on or about the l-'tb April of the present
vear with a crew consisting of ujaster, mate, carpenter, i;unncr, cook and steward, eight
iiunters, seventeen able and ordinary seamen, and two apprentices, in all thirty-two in
luiiiilier, as per certificate of s!iip|)ing master of said port.
11. That said vessel entered and cleared from the port of Victoria on the ■25th day
it .\pril last, and sent by the declarant on a sealing and hunting voyage in the North
I'iirifii' Ocean and Heliring's Sea at a further cost to the owners of 2,97.") dol. 19 c. for
.idvanees to hunters and crew, p'ovisions, sails, ecpiipnients and ap|iarel, marine insurance,
mid lUTi'ssarie-.
12. That the total aiiu)unt of cash at risk in said venture, from couunenccnient of
voyaL'e lo linisii on the 2Stb July, was 1 r).42.') dol. t^i c., irrespective of the lay out or
waives (if iiuister.
l-'l. That the said schooner entered Hehring's Isea on or about the 4th July, and having
previously transhi|i|)ed her outside, or coast catcli, was hove to on the lltb .July, and
imanlcd by Lieutenont Tnttle, of the United States' Revemie cutter" Richard Hush" (as
JUT sw(irri-to tes ,m(.ny of the master, made on arriving in X'ietoria, dated the 8tb August)
"lio scare Ik d the vessel, c.\aniined and returned ship's papiTs, and ordered the scboonei
(lilt (if Hehring's Sea, tliLNilenint,' coiiriscalion id' vessel and catch if caught in the net
of killing seals, or with .■-kiMs on lioard aflcr having been .varni'd.
14. That by reason (d' tile tbieals ;iii(l inenaces (d' the said L'nite(l States' lUtter, the
master was ])revented from furtluM' ])rosecutint; his legitimate bnsiniss in said sea, and not
n;-liiii^' to incur the responsibility of threatened capture of hi- valuable vessel, returned to
Mcldiia mi the 2>'th July, with only se\eiity-tuo >kins on boaid, and which wore on hoard
iit tile lime of search, though undiscovered bv the boarding ollicei', tit lea-t, so I am
ir.liii'iiicd and veiilv bidieve.
I'l. That, from the number id' -kins taken by the •• 'rriinnpb '' last year, with vessel
partiady eipiippi (i only and w'lii less experienced hunters, I coiiscienliouslv believe that
llie said schooner, in a t'ull seasini mimidesled and free from fear (d'in()le>lali(ni, would have
lakeii ill ihe neigbboinlKiod ol'2,.')lfU skins,
HI. That the markel value ol sealskin^ at the port of Victoria, on or about the 1st
Octdliir iii-tant, when in the usual course of events heretofore, the" 'I'riumph" would have
arrived after a complete season'.s voyage, as hereinbefore mentioned, was S dollars ])er
skin.
1(. Tliiit the deelaiant, on lu iudf id himself and eii-owners, claims (lamages against
the tiDVeiiimeiit of the United Slates of America lor the unlawful and unwarrantable
intorfereiiee, inolestalion, threat and menace of' its said Itevenue cutter, whereby a heavy
loss is incurred by the owners and hunter- of said sidiooner " 'rriuni|ih,'' amounting to
tne value of the dilierenee between the -kins ailuallv taken, and estimated catch, vi/,., 2,428
skins i2,r)0(), less 72) at S dollars per skin, or the .sum of 19,424 dollars, and 2.">() dollars
lui' le;;al and other cxjienses in eonncctioii with the preiiaration and submission of this
claim.
1^. That hereto annexed, marked (.\), is a statcPk'et in detail of such claim, and of
tlift persons entitled to share therein.
lit. That upon the sailing of the said seliooncr in .\|iiil and May last at San Francisco
''I'd \ iiloria, respectively, advances were made to the hunters based upon a lull season's
'iileli, and said hunters will, ii[)i)n payment of said claim, be entitled to, and will receive
their .-iiaie thereof,
3K6
And I, ('^dgiU- Crow UaUer, make tliis >.(il('iiiii dtcliiiatioii, (■oiiscicutiously believinj
the saiiiu to be liuc, just and cquitiibli', and liy viiliiu ot Act ivripectiiii; E\'tra-.Iu(iicial
Oaths.
(Signed) EDGAR CROW RAKER,
Munaijimj Onner.
Declared by the said Edgar Crow Uai<i'r, at tiic City ol Vicioria, British C'ohiiiibi;!, the
day of Novcnilier, A.I). 1>58!(.
Before me,
(Signed) I), li. IIauius,
A Xoldii/ Piililir III) lioiidl ^liilliorilii ill mill fur liir
Prni'nuo 'if Ihilifli ('nliiinliiii, rrsiiliiui mid
pravtlxiiiij III I'ifhiriii iifnrrsiihl.
Inclosmv 4 in .No. •Jd".!.
Df.taii.ei> Stiitcinciit ol Clann l)y Owners of 15ritish schooner "'I'riumph" auianisl tlie
(ioveniinent of llie I'nited Slates ot Ar
:,4-J8
ball
iiM' ni ail otinmUa c
nuniijli li r
\hr r..!l
.tell .1' J,-ilUI -I';.!
11 of lUS'i ill lii'lir
irs jK-r sK'ii
Legal anil mlirr (■xiirnM.'> iiK-iui iit:il in iiii'|i;i.aiwii iiiiil siii)
hkih.- l)_v tlif
'm"\ Sea, ;i|
iilCli
Toliil
Duihi
l'.1,l.>4
•-'50
19,u7l
( )wm:i;.^ on ( A-toin
VAfv. <'iii« li.i
Daiiiil Mil
kcr. ti ati;iuil>;.
(ail. ;i;a^;i'r ii.ariiiii
liu^jiie (iilisoii, l'a-iii.\ (tiitiiiiii
Joliii ('. llla'-lMll, Vii'Uiia. I!riti-li Cciliiiiiliia
lolal
■Jl
III
r.l
N.B.— K. r
and
liaUci. i(.|)i'c>entinn' I). McLeans shares In full [lowi'r of attiiriiu.
as mort;_'a;j:ce ni |ioss( s>ii
bv consent of attornev.
.1. C. ISIacijetl, t)y power of attorney, 'nid Kosinit (tib>
.111 >
(Mlilieil)
KDWAIU) ('ROW n.MvE
M,
II 11 II 1/1111/
Onner.
TI
IC sc
hednle
(Siirncd)
erred to in st;iteiiiem. of uhicli ihir, toriii part
(I [A) ret
I). R. IIauris, Ndluni I'lihlie fur the
'riiniici' (I
f lirllisli Cohnnliiii.
'I'o al! to wliom these iirtsenls shall (;ome he il known and made maihlest that 1,
Alexander Koland .Milne, a Sinvcvor in Her Majesiy's Customs for tiie Port ol X'ittom,
British Colundiia, in the Dominion of Canada, ;lulv ap|>ointed a> such, residiiii; iiiiii
oflieiating in said capacity in the cily of \ ictoria, in the Province aforesaid, do iierehy
certify thai the pajier \uiilin hereto anne.xeii, ihited the MJi .Vimiist. lf-S!>, siirmd ami
Bworn to before (ieorge .Morrison, .).!'., on said day by one Damcl .McLean, master ol tin
iJritish schooner " 'IVinmpli,"' rei;istered at flic port aloresaid and cnj;ai;cd in the scalini:
business, is as it purports to he a mil, tiiie and correct copy of the original thcrcol in
every respect. 1 do inrther eeitil'y that the orii;inal docnnicnt was forwarded by the
Collector of Customs of this |ioit to the Department of .Marine and Eisheries at Ottaw
on or about the date therein named, and that 1 have full confidence in the truth of the
statements made by said master einhodied in said airnlavit.
In testimony whereof I have henuiito si;t my hand and s^al ol ollice at tliocityol
Victoria, IJritish Columbia, tiiis 4th day ol Ncvemlier, IWJ.
(Signed) A. R. MILNE, Surveyor, V.
.387
Inclosiirp 5 in No. 269.
^Dfpnsilinn nf Dnnlfl Mrf.Piin.
ipli " iiy tliR Unitofl States'
In till' matter of searoli, tkc, of the seiiliiic; schooner '• 'I
Rpvtiiue cnfter " Hiclnnd Rusli " in Ik'lirintt's SCa.
1. DANIRI. MrLlvXN, of the city oi' \'ictotia, in the Frovirue of British Coiumhia,
Dumiiiion el' ('apa.ia, ijcint; (hily sworn, dopose as follows: —
'I'iiat I am master and i>nif owner of the Hritisi) scliooner " Triiinipli," reiristered at
the Port ot ^'ic'toria, ilrilish Coininhin, tha.t in conformity to tiie hivvs of tlie Dominion of
Ciuiiula I rii.'nlarly cleared tlie said scliooner " 'rriuin|)h " for a vovage to the North
i'licitic Ocean and ISchrini^s Sea. and that in pnrsuaneo of my lei.'itirnate husiness did
enter tlie s-iKi j'lhrinii's Sea on tlic iltli day of .Inly, 188!), and did
lireteed on my voyage and lieiui; in latitude ")0^ .O' north, lonsitnde
ni a peaceful manner
171° L'.V west, on the
lltli diiv <il .Inly, 18'^(), at the hnur ol' 8'.'?0 a.m., was hailed hy iiic ( onniiandcr of the
United State.-' Kevcnue cutter '• Hush," the said Kevenue cutter lieinu' a vessel liclongin'^ to
the (juvernnient of the United States and recidarly commissioned hv the same, a hoat
liiivini; tieen lowered hy the ofticer and crew I was hoarded hy the same, the officer in
cli^a'tre nl the hoat, heing one I^icutenant Tuttle, who demanded the otHcial jiajiers of my
vessel, and after reading tK> same ])roeeeded to search my vessel lor seals, and findinjif no
evidence of the same infei med me that orders liave been isi.sued by the Secretary of the
Treasury of tlie United States inider the Proclamation of the President, instructinir the
('iiiiiiiianiiin^- Oltieer of the said Revenue cutter " Kush "' to seize all vessels found scaling;
in IVluiiig's Sea ; he also told me that should he ai>;iin hoard me and find sealskins on
hoard thai he would seize and confiscate the ve-sel and catch ; he i'urtherniore informed me
that he liaci already seized the British schooner '" Black Diamond," of Victoria, Uritish
Colaniiiia, and tliat she had been sent to Sitka, and that, therefore, by reason of hi.s
threats and menaces 1 was caused to tbrego my legitimate and peaceful voyage on the high
■^cas, and return to tl.e port ol my (le|iarture, eausiuL' serious pecuniary loss to myself,
erew, liiid owners, for wiiich a claim will he lorinnla'id and forwarded in due course.
.And I niakc this solemn affidavit conscientiously hclievm;; the same to be true, and
hwirtiii (if the Oatlis Ordinance, IBGO.
(Signed) DA M liL McLEAN, .)/«.>■<«•,
Schooner " Tiiumph."
Swoin helbrc me this Stb Ani;ust, 1880, at Victoria, British Columbia.
(Sii,'ned) (iKO. Mohkison, J. P., a .liislirr nf the Peace for tlie
Prorince of lirilixh Cnluinliin.
I iiii hereby certify to the correctness of this statement as verbally expressed to me
;il.-(i In -aid Daniel .\I"Lean.
(Signed) K,nc).Mt Ciiow B.VKia.
Sniiini Piihlir.
Inclosure (! in iS'o. 2(i!l.
Lord Sttnilrii nf Preslaii In I.nnl Kinilsf'nrd:
My Lord, (Inirniiiieiil Il'iiise, Oltiiwa. Deremher 17, 1889.
\\ri'll relereiiee to mv despatch of the "JCifli August last, relatini; to the sei.'iire
ill Heliiiii!:'-. S<M of the British schooner '• ISIaek niaminnl." 1 have the honour to
lorward heiewith a copv of an approved Minute of the i'rivy Council, submitting the
claim to eonipensalion of tlie owner of the vessel lor loss sustained by reason of her seizure
hy the tinted Stale-' ;iulhorilies.
I have, &e.
(Signed) STANLEY OF PRESTON.
Inclosure 7 in No. 2(J'.J.
/vV/iojV ol' n Coiiiinilire of the I [niioiiriilile Hie Pihij Cniiiicil, iijiiirnird hi/ his Excellency the
Gtivernor-Cienernl ill Coiinril an Dcreinlier 'J, 1889.
'•Na Report dated the -JSth Novemlier, iSSi), from the Minister of Marine and
Fisheiii s snhmitting, in connection with the seizure in the I5ehring's Sea of the British
fl28] 3 D 3
scIiDoiR'i '' Black Diamond," llic circumstances altciidiiig wiiicli wcie detailed in tlio
Minute of Council a|)|)iov((i by your Excel kiicy on the 'J'ind Auirust, I88'i, fonnal
statements and claim l)y the owner to comi)en,-.iitioii lor loss inenired by reason of the
sei/.nrc of said vessel, and tiie I'oreiUlc removal to the United States' Revenue ctitttT
" Richard Hush" of seventy-six sealskins, as well as tor the value of tlie estimated catch
for the balance of the season had the vessel not been inteit'cred with in the let,'itiai,iti'
pursuit of her callin;;, which claim, with incidental expenses, aggregates the sum (if
17,18') dollars.
The Minister recommends that this claim he I'orwardeil through the proper
channel to Her Majesty's Government lor tr.msmisuon to the (jovernnicnt of the
United States.
The Committee advise that your Excellency be moved to fdrv.ird 'jopics heri'of lo the
Right Honourable the Secretary of Slate for the Colonic-.
All which is rcspcctf'uUv sulimittt-d.
(Signed) JOHN' .1. McGEE, Cleric,
Privy Cniincil,
Inclosure 8 in No. '2G9.
Declaration of Morri.'< Moss.
Canada, Province of Hritish Columbia,
City of Victoria.
I, MORRIS MOS?, of the city of Victoria, in the i'rovince of British Columbia,
Dominion of Canada, fur dealer and ship-owner, do polcmnly and sincerely declare as
follows : —
1. 1 am a 15ri(ish subject by birth, anrl the duly registered owner of the schooner
"Black Diamond." of the ])ort of \ ictoiia. aforesaid.
2. Oi! the l'_'th day of February, IN^O, the said schooner was eleare I at t'le Cust'iin-
house at said city of Victoria ior a fishing and hiinting voyage t') the North I'aeitie Oitmi
aiul Bchring's Sea.
3. On the 3rd day of August, lS>s9, the said " Black Diamond " returned to Victoria
afori'said, and hereto annexed, marked |X), is the statutory declaration of Alexander
Gault, the male of the said schooner on said voyaire, of the cause aiul maimer nf the
"Black Diamond's " ittmn to Victoria from such voyage, which said statement I vciily
believe is true.
4. The value of the sealskins taken from the " lilaek Diamond" as set out in
said Alexander (jault's statement was, on or about the 1st day of October (when in
due course the vessel would luwe delivered her cargo of skins at Victoria at'oresaid),
8 dollars ]ier skin. The salt so taken as aloresaid was woith ;") dollars. The Indian spcar»
4 dollars each, aiul the said rifle was worth ji."> dollars.
5. From the actual catch oi' seals made in said sea during said season by other sailins:
vessels, 1 verily believe that had ihc said " Black Diamond " not been seized and her
hunting voyage broken up as set out in said statement of Alexander Ganlt, the liunters on
said schooner would have captured at least 2, 100 ^ealskms in said BehriiiLr's Se.i diinn:
the season of I NiS'J.
0. 1, H)r mvself and the crew and hunters of the said " Black Diamond," cliiiineii
dainaires against tin; (ioveriiment of the L nitcd States' of America liir the sei/ure of the
said " Black Diamond,' and lor the takini;' and detention ot said seven'.\-six scp.lskiiis, ;in(i
for ■J,()li+ sealskins Uw balance of the e-limated eateh of 2,101) in Bchring's Sea liir the
lull season ot l^Sl), also for the salt, ritle, Indian spears, and ship's pajiers taken as afore-
said, and tor legal and other expensis iiicidcntul to, and arising out ot, such sd/.nre. ami die
pre|)aiation and submission of this claim therefor and interest thereof at 7 pir cent. |'tr
annum until paid.
7. lleielo aiuiexed maik<'d (A ) is a Statement in (let ad of such claim lor daniau'es.
.\iul I, Morris Nbiss, make this soleiim declaration con-.eieiiliiiu^lv believin'j; the sii'Hf
') be tliie. ai.d bv vntlle of the Act respectiii'^ Voluntary anrl E\tia-.lndicial Oaths.
(Signed) .MORKIS .MOS-.
Declared bv the said .Moiris Moss, at the <'itv ol \"ietoi'ia, tin l(lth da\ (if NoviMii'e'.
..1). lH>i\l.
Iiefore nic.
(Signed) Aaiiibu L. Bi;i.vk*,
J Nohirii J'lilillc III/ liiiiiiil Aitlhiintii in iiiiil fur
till' I'rariiirr at lirilir'li ('(iliiiiiliiii.
389
Inclosure I) in No. 200.
(A.)
.'^T.ATK.'iK.Ni ot Claim, by Owner of scliooiici' " lilack Diiiuioin! " against llu; (.JoviTnincnt
ol the UnitcMJ States of AimiirM for ."^ei/.iiri' in IScliiiiii,''' Sea on July 11, i.S'iO.
Dullai>.
"fi sealskins (scizi'il).
2.11'JI soiilskiiiB. hiiliinci' of estimated ratcli l>v •' Hlaek Dianioiiil " loi- full season
of IHS'I in HcliiinK's Sea.
. in, son
SO
.'.IIKI seaUkii.s, .It 8 (Icillais .,
1 rille, at
20 spears, at -I dollars each, , . , . .
'.' sueks salt, at 2 <liil. 50 e. eneii .. .. .. .. .. '
Cost (jf obtaiitint; new sliip's p;ij)(rs . . ,. ,, ,, .. 'Jo
l.eiial and otlier expenses arisini; out of, and ineideiilal to, siudi seiznie .. '2-'><)
Total
17,1S.^
.\nd interest thereon at 7 per epiit. per annum uniil paid.
(Si-ncd) .M(JRUIS MOSS.
'riii- is the Stutenicnt I'efencd to as niai'l<iMl (A) in tlii' declaration of Morris Moss,
tiiki'ii lictoie Mie the lUtii Noveinl)er, IS.Si).
(Sipincd) A. 1j. Hrlyk.a, Snldi-i/ Piihlic.
the seiiooiicr
III tlic iiiatt'.'r of the .sei/iire of the sealing sehooner " i'llaeU Diamond,' by the United
States' Hevenue cutter " Richard Ku-sh," on the lltli day ol .Jul; . .a.d. \HHSk
I, Alixanilcr (Jaiilt. of tlie citv of Victoiia, mate, do solemnlv and sincerely declare
thai ;- ■
I. I wa- at the time of the occurrences hereinafter mentioned, employed as mate ol
the scaliii;,' sciiDoner '■r)l;ic'< Diainond," of the port of Victoria, i'tiitisli (.'olumhia.
'J. On the 1 1th day of .Inly \w,[, uhijst on board tiie ^ald sehooner she then bcina; on
a seiiliui; expedition, aii:l in I ititii ic .'itl" 1'2' noitii, and IdiigiUiile ITC" -')' "est, and at, a
(li^tance of ah int •'?.) miles from shore, we were oveihauled by the " Richard Rush," a
Uiiileil States' Hevenue cutter, wliirii latter vessel having haded us, and shouted a
coiiiiiiand we were imable to imdei>tand, steamed across our stciinier's bows eompcHiiig us
to come to. .V boat W!is ihen lowered from the eiilter, and liieulenant Tuttle, with five
olliir men eaine iiboard the schooner. The captain of our schoimer asked Lieutenant
Tattle what he wfinted, and he replied he wished to see om' papers. 'J'he captiiin then
took him down into his cabin, and in inv presence showed him the ship's papers.
I/ieiitenaiit Tuttle then demanded that thevsboidd be banded to him, but our captain
rtiosMJ lo gi\e tbeiii up, and locked them in his locker. Lieutenant Tuttle then ordered
ills 11 eii to lirinu' tip tlic sealskins. At this time theie were seventy-six salted and tilty-
livr uiisihed sealskin- on board. The Lieutenant then ordered the salted skins to be
tiikiii on boartl the " Richard Rush." This wa> done by the cutter's boat, two bags of
salt and a ritle being also taken from the schooner to the cutter.
Lieutenant Tuitle told our captain that if he tlid not give up the papers be should
liike them by t'orcc, and our captain still refusing, the Lieutenant bailed the cutter, anJ a
limit hn, tight olf the Aiaster-at-arms who came aboard our schooner. Lieutenant Tuttle
a^ki'd our ca|)tain lor bis keys, but not being able to (d)tain them, ordered the Master-at-
arms to force the locker. The master-at-arms then unscrewed the hinge> of the locker,
iind taking out the papers, hmided the same tn liieulchant '['tittle. Lieutenant Tuttle then
Went hack to the " Richard Rush." but reliinied aoaiii, hiimrinu' with bin; one whose name
I have since heard to be .lobii ilawkinsen.
The Lieutenant then mdcrcd cciUiin Inilian sealing -pears lielon^iiii;- to the schooner
to ilii' minilier of twenty to be placed in his boat, which was accordingly done by the
cuitii's men. Our captain asked him (iir a receipt tor the skins, shi|)'s papers, anil other
!;oods he hail taken ; this be refused to give. lie then ordered our captain to tiiKe the
scliDoiK r to Sitka, but our captain told him that if be wanted the schooner to go there he
woiilil have to put a crew on board to take her there.
Lieutenant Tuttle then gave liiiwkinsen some orders and some papers addressed lo
the I'liitcd Stales' aulhorities at Sitka, and, leaving Ilawkinsen on board the schooner,
ami taking the spears with him, rcliirncd lo the cutter, which -h.-n'ily altcrwaids steamed
away, taking the ship's papers, the skins, and the other goods with her.
890
We set sail for Oonalaska where the captain hopetl to fall in with a British man-of.
war, and arrived at that place on tlic ' ')th day ol'Jiily. There heini; no inan-of-war there,
and the Indians havini; het^oiiie very mutinous, and thrcatonini; to throw us overbonrd it
thev tiioui;ht we were j;oini;, to Sitka, we set siiil lor the ])ort of Victoria, reacliinj,' the
latter place on tiie Mrd day of August. 1^89, at atioiit the Imnr of 7 I'.Ji. 'I'hc iiim.
Hawkinscn, (hiring' the voyiiy;e. i\\i\ not attempt to i;ive any directions or su^'i^cstions us to
tlic course to he talicn i)y the schooner, and on arrival at N'ictoria was placed on shore
by one of the schooner's hoats.
And 1 make tiiis declaration consci.iilionsly heiievincr the same to ho true, and hv
virtue of tlic Oaths Ordinance, 1^8!).
(Signed) ALEXANDER (iAULT.
Declared before mc at liie city ot' Victoria, this Hth day of August, 18HU.
(Signed) ]'"RNKsr V. rxmwKr.i,,
A Nolnrii I'lililir for lliv Pnifiiire iif
Brilisli Cnliiiiihiii.
This is the statutorv dcelaration of Alexander Gault referred to as marked 'X) in
the declaration of Morris Mo^s niiide belore me the liuh day of Noveml)er, 1889.
(Sii,M)ed) A. 1.. liiiLYKA, Xntaiii Puiilir.
Inciosiue 10 in No. :^(j'.).
Liii'il Sliiii/iii tif Preston to Lard Kiiutsford.
My Lord. Gorcrnmrnl House, Ottawa, Dcrcinhi-r 17, 1S89.
WITH relcrence to tlie Deputy (lovernoi's despatch ot' the -Mtli .September last
relatiiifj: to the seizure in Hchriiii;'s Sea of the British scliooiier " Lily," 1 iiavc the honour
10 transmit to your Lonlsiiip a eoiiv of an api)rovc(l Ke|)ort ol a Committee! of the I'rivy
Council, subr.iitting lormal >taleincnts and claim to coi pensation advanced by tin; uwnei^
ot that vessel against the United States' Government for ioss incurred by reason of her
seizure.
I have, kc.
(Si-rnecH STANLKY OF PllKSTON.
Inclosure 1 1 in N'o. 269.
Report of (I Coiiimltti'p of the Honnitralilc tlii' Priinj Cnunril, tipprnrril by his Excelltncy the
(iorcriior-G''ni'ral in Cnunril on Decrnilier 2, 1889.
ON a HcjHirt dated thi' '28th November, |8s9, Ironi the Minister of Marine and
Fisheries, suhmittmu, in coimectioii with the seizure in tli(! Helning's Sea of the britisli
schooner ■• I-ily,' the ciicuuistances attending whicii were detailed iu the Minute uf
<"ouncil approved iiv your L\eelleiie\ on the I8tli September, 18^9," formal st>iternent»
and clainw hv tiie ovvnt IS to compensation lor hiss incurred l)v reason of the seizure of
.^aid vessel, and the Ibreilile rcujoval to tiie United States' Kevenuc cutter "Hicliard Rush"
of !J.S'i -eaUUins, as well as for the value of the estimated catch for the balance of the
season had the vo-d not been interfered with in the legitimate pursuit of her callins;,
which claim, witii incidental expenses, aggrei;atcs the sum of I7,l'i7 dollars.
The .Minister recommends that this i-laim be lijrwarded tiii'ongh the proper cliannel
to Her iMajistyV {iovernmeut for transmission to the Oovernment oi the United States.
Till' ('ounni:tec advise thai your I'xccileiiey be moved to forward copies licreol to the
Kiglit Honourable the Secretary ol Slate lor the Colmiies.
All which is respectfuliv submitted.
(Signed) .lOUN J. MoGEE, Clerk,
Privy Council.
( Excellency tht
.191
Fnclosurc 12 in No. 269.
Drclnrnlion af Morrh Moan,
Catiiida. Province' of l?nti.-,li Columbia,
City ot Victoriii.
I. MOIIRIS MOSS, o( the city o( Viclotin, in tiic I'rovince of Hritisli ('oliinibin.
Dorninicin of ( 'iinadii, fur (Il'siIit uiuI sliip-owncr, do solemnly and ^incoltily dcchivc as
folJDUs : —
I. 1 iim ii Hriti>li snhjcct i)y birth, and llic iluiv iT^'istcicd owner ot' tin.' schooner
"Lilv" ol tiie port ot Victoria aforesaid.
•_'. On the 20tli day of May, .\.i). IMS!*, the s^aid seiiooner ''Lily" cleared at the
CuslDiiis-hou.se, Victoria aforesaid, tor a Hshinir and iiunting voyage in the North Pacific
Ocean and ISehring's Sea.
3. On the 1st day of Septeniber, a.u. IS"?!), the said schooner " Lily " returned to
the said port ot Victoria, and hereto annexed, marked (X), is the statutory declaration of
John Reilly. the master of the said seiiuoni r '' Lily "' on siiid voyaL'c, >.cttint; forth the
cause and manner of the return to Victoria of ssid schooner t'roiu sucii voyaui', which sai<l
statenienl I verily helieve \o be line.
-1. The vahu (]f the sealskins lakcMi ironi the said '' l..ily," as set out in said .lobii
Hcillv's statement, was, on or about the 1st dav of October when in due course the said
vessel would have delivered her cargo of skins at Victoria aforesaid), H dollar.s per skin.
The salt so taken as aforesaid was w(jrth ;') dollars, and the Indian spears I dollars each.
.'). From the actual catch <jf seals made in said sea durini; said season by other
vessels, I verily helieve that had the said •" Lily "' not been seized, and her hunting voyage
broken up, as set out in said statement oi' .lohn KeiUy, thi- said hunters on said s;diooner
" Lilv " would have captured at least 'J, 100 sealskins in Behrimj's Sea dminLr the season
ofLs'S!".
u. I for myself and the crew and hunters of the said " Lily " claim daaiaircs atcainst
the (iovernnient of the L'nited States of Amei'ica for the seizure of the said "• Lily," and
tor the taking and detention of said 3-'!.'i sealskin-., and for 1,767 sealskins, the balance of
the estimated catch of li,liiO in liehring's "^ea for the full sea-on of 1M8!) ; also lor the
salt anil Lulian s|)ears and ship's [lapers taken as albresaid, and for legal and other
expenses ineidenial to, and arising out of, such seizure, and the prc[)aration and submission
of thi^ claim theiet'or and interest thereon, at the rate of 7 per cent, per ,innum
until paid.
7. Hei'eto anneved, ?narked (A), is a statement in detail ot -ueh claim tor damages.
.Anil I, .Morri-- \loss, make this solemn declaration conscicniiously lu'licviiiu' tlic same
to he true, and bv virtue of the Act respecting' \ olmitarv and I'^xtra-.hulieial Oaths.
(Signed) MOKRIS MOSS.
ijeciarcd bv the said .Morris Moss at the citv of Victoria, tiie l!ltb dav ol November,
\.h. ISSD.
Het'orc me,
(Signed) A. L. I5ki,vka,
JS'ntiirii Piililir In/ Roi/al Aiilltonlii in mid tor
I he I'liirinvc '>t lirillsli ( 'nliimliiii.
Inclosurc 13 in No. 'J'V.>.
Sliili'iiifiil tit Ciiiim.
\'>\ (iwnt r ot schooner " Lily "' against the Ciovernment ot the I nited Sl.ite- of
.\n!iiie,i In;' >ei/.ure in liehring's Sea on the Olh Atnjnst, .\.i). I8S1I.
Di.llus.
l,7il7 M'.'ils'viii-. ii.ilaiicc (.1 i'Mmi..U'il (Mlcii liy •■ ! it\ " tor lull sen- n oi ISs'J
in Ht'liriiij'V Sf.i.
J,lmi scai.skius. ill » (iciila- .. .. .. .. .. .. It>,800
Jl liuliiai s[ieiirs. ill 4 ifnlliir- .. .. .. .. .. IKI
'.' >iic'l(s salt, lit i; (liil. JO e. . . . . . . . . . . J
( 'n-t (»!' (ititiiiiiiiiji new >iiip'- piiperH. . .. ., .. .. '^'*
I.i'i^iil iitiit utlu't »'\jifii-i s iiii^iiii; out 111", .nut iiicitii'iUiil i<». ^m-ii >cizurt' . , 'ioO
Totat .. .. .. .. .. .. 17.1711
Ami iiiterost tliercon iit V |iei- ci'iii. n r iiiiiiuni uaiil p.iiil.
(Signed) MORRFS MOSS.
302
This is tiic Stiitoiiicnt ()( C'iaiiii i li rod lo us marked (A) in tlic (k'cliiration of
Morris Moss, luiuU' lii'torc iiu' tin' lOlli .\()VLiiil)i.'r, \HH'.I.
(Siiincdl A. F>. Uici.VKA, Xoluri/ Public.
In tlie matter of the seizure ol the stMlinu: .scIiouiut '• Lily " by the liuitcd Statt-s' Id venue
ciilttT " Rii'linrd Kusii," (in the tith day ol Au','ii»r, a.ii. \H<'.).
I, John lU'iily. ot'thc city oC \'ictoria, Hritisii Cojuiidiia, niasior mariiiir, do solcMiinly
nntl sincerely ihx'hire that : -
1 I am a master mariner, and was at the time ol' tlie oceurrei.ees liereinalUT
nientioned, and still am master ol' the schooner '• IJIy " ol' the I'orl of Victoria, liritisli
Colinnhia.
'J. On till' (Illi il.iv of Aiiyust, A.M. !8Si). whilst I was on hoard and in eoaniiand (it
the said s''hooner •■ l.iiy." and she lieini;- then on a sealing ex))edition, and iieiiii,' m
latitude ;")5 -J'.)' norlli, and lonuitiuie IGfi" IT)' west, and at a distanec ot' aiiout OlJ niilu*
from the nearest land, the United Stales' Revenue cutter " Kicliard Uu^li " overliaiiled
tlie said schooner.
•'i. I was first hoarded hy the l-'irst Lieutenant, who was armed, and who asked nie
how many skins I had on lioard. 1 re))iie(l that he should lind out himselt', and said
that it he wanted to sec the schooner's iiapers I woidd show tlu'm to him and would
render him assi.^tance >iiould he want to search the schooner for contrahand goods,
but I would not acknowlcdife his rii,dit to seize me for scalint;- on the hi^li seas.
4. The l''ii>t I,i(ulenant then returned to the cutter, and in a short time returned
acconni'.mied by anotlar Ik, at of the cutter which was in eharfje of the .'Second Licut(;iiaiif.
T). Thi'y both came on hoard, and the Fir-t Lietitenant dein: led of mi; the suirender
of the scliooncr, and askinir, at t'le same time, lor the schooner's papers. This i at fir«t
declined to do, and the First Lieutenant said unless I j;ave the schooner's papers to liiia at
once he would take them by Ibrce. I then u:av(' him the schooner's papers, consistini; of
registry, eoastini.'; lici'iice, and clearance.
(i. The First Lieutenant then ordered both boats' crew to search the schooiur, and
they took from my schooner 3.'n scalBkins, all in good order.
7. lie then asked me if I would irive him two sacks of salt. I told him it would be
useless for me to rct'use, as he (.'ould take ihein by force, so I told him to ^'o ahead and
help himself.
lie then irave me two letter.-, the contents of which were unknown to me at the tinii,
one of them being scaled, the contents ol' which is still unkiu)wn to nie, the other ccrtifyinst
that he had seized the schooner " Lily " for violiition of the United .'States' laws, and
taken possession of schoonci 's papers.
8. lie then told uio to proceed to .Sitka, Alaska. 1 asked him it he wanted iiic to gi)
to Victoria or Sitka. Alaska, to which he replied that he liad nothing to say but sin. ply t(dd
me his orders.
!(. Afy Clew, at thi- time, consisted of a mate, (ieorge McUonald, and time white
men, and twenty. live Indian hunteis. The Indian Imiilers said that they would not
proceed to ^'itka, and to avoid I'urtber li-ouble 1 directed the s(diooinr course to \ ictoria.
and arrived here the Isl day of .September at 7 o'clock I'.M.
And I make this solemn declaration consci'Mitiously bi.lieviiii,' the same to lie true
and by virtue of the Oaths Ordinance, 1N-!I,
(Sinned,, .)01L\ REILLV,
Declared at the city of Vicl(aia, IJritish t'oluinbia, this llth day of Sejitcnibcr, Isb9.
nefore me,
(Signed) Tnos. SnoTBOLr.
.Illxlici' of the Pf'llir.
This is the statutory declaration (jI .lohn Reillv. rclevrcd to as marked (X) in llie
declaration of .Morris Moss, made before me the li)th .N'ovcuiber, 1H8!).
(Signed) A. L. Ri:i,yi;a, Solaii/ Public.
So. 270.
('oloniiil O/ficc lo h'orcii/i! ()//icr. — [iircrivcrl .hiiinanj liO.)
Sir, Doiniiiiij Strccl. .liuuiiinj IH, 18!)U.
1 AM directed hj Lord Kniil.-sfonl lo transmit lo 3-011, to be laid before the Marciuis
of Salisbury, a copy of a despatch and its inclosures from the (!overin>r-(icneral of
(Ifcliiratioii fl
Uatcs' lUvemie
rannil;i. ti>r\vnnliiii; !i ilaiiii I'oi (•(iiiipi'iisulioii tVoni Ilit; Dwneis ul llic -.clioomir " Ariel "
tor lii-s iiii'urioil liy icasoii ul' il> liciiiy iiilcrtcieil witli l)y the I'liitcil Stiites' Hevciiue
cutter •• Uicliiiitl Itiisli " wliilo tinyii;^L'(l in ii suiiliiiy voyaf^c in Ik'lirinK's Sea.
I am, &c.
rSijrncd) IJ. Jl.
MEADK.
Iiiclosuro 1 in No. 27(».
7,0/7/ SliiiiUi/ of I'ristnii In L'/nl Kiiulslurd.
Mv Lord. (iovnii III fill Ilotisi', Olliiini, IJeri'inbi-r .'Jl, 18>*9.
I 11. W I] tin- honour to Ininsniil to youi- honlsliii) a copy of an aiipioved .Minute of
(111' I'livy Ciiuncil submitting- a doelanition and fornuii statement of claim to ooni])ensation
1)11 Ix'lialf of the owners of tlie Mritisli schooner " .Ariel " for loss inemred liy reason of
till' said vessel hciiii: interfered with hy tlie United States' Revenue cutter " J{iclmrd
Rush" while engajfcd in a seaiin;;- voyaije in Hehrinit's Sea.
I have, &c.
(Siuned) STANLEY OF I'ltES'l'ON.
Inclosure 2 in No. 270,
e schoiint r, and
-iinir to lit' true
rked (X) in Hif
H'pnrt of II ('mil millet' of flu: Uoiiourtilile Ihr Privij Vimncil, uiijinired hi/ his Eici'llcnnj Ihe
(iorpr>inr-(ii'iter(il in Coviirll, on Di'ipmlifr '28, 1K89.
OX a K'eport, dated the :,',"tii Dei'cuilier. I •■^'s;!. from the Miiiister of Marine and
l":-!H'rir« suhmitliiiir the iipiicnded declaration and formal statement of claim to
ociiiiiii'iis;ilien on behalf of the owners of tlie i'ritisb schooner " Ariel," wbieli vessel was, on
ih'iiie .lotii ij.iy of July, If^s^'.t, uiiile ent,M:red in a sealini;' voyau'e in the iiehrinii's Sea
1,;
■II raiieit) 'lonnlcd by three otiiceis from the United States' Revenue cutler "Richard
lliisli." The ollieer ser.rciied .'inil examineii the schooner '" .Ariel," and (|uestioiied the
in.isti'i- as to his voyai^je, crew, and catch; and also warned him against takinn' seals in
ilic Bchrinn's Sea under threat of seizure of the vessel and the arrest of himself
luiil mate.
The .Minister observes that the claim amounts to !),t!)8 dollars for loss inemTcd by
reason of the said vessel lirinu' interfered with in the legitimate pursuit of her culling,
iinil i- .iilvanceil ity Mr. Samuel \V. Buciinam, of Victoria, British ("olumbia, managing
owner ami master of the said schooner " Ariel," on behalf of himself and .^lessrs. .John
.\I. Taylor and Hehi R. Lawrence, of the city of St. .)ohn. New lirunswick, as ioint owners
ul' the vessel in ([uestion.
Tlie .Minister recoinmernls that this claim be forwarded throuizli the jiroper channel
tti Hor .Majesty's tlovernnieiil for transnussiou to the (lovernTnent of the I'nited States,
The Committee advise that your Ivxeellency iie moved to forward a copy of this
Mimue to the Ris^bt Ilononrablo tlie Secretary of State for the Uolonies, together with
the papers inentioned herein.
.Ml which is respectfully sulimitled lor your i-^\reliencv's approval.
(SiLnie.l) ,I(').MN .1. .Mc(;K1v CV/t/c,
/•")■//■// Council,
Inclosure 'S in No. '271',
Dpclaralinii of fiuinuvl IT, liuclaioin.
'anada. Province of British Columbia,
City of Victoria,
I, SA.MUIiL \V, liUClvNA.M, of i.iie city of Victoria, in the Province of British
'olumbia, and Dominion of Cjinada, master mariner, do solemnly and sincerely declare
a< follows: —
1 file hereinafter-mentioned schooner '• Ariel " is a British vessel registered at
ilie port ot St, John, in the province of New Brunswick, one of the provinces of the
dominion of Canada.
'-. fhe registered owners of the said schooner '• .Ariel" an- .John .M. 'I'aylor and
Ll'-!8] 3 E
»94
Belft R. Lawrence, l)oth of the citv of Si. .loim aforcsnid, who oacli own twcnty-four
■biircs thereof, and my.si'lf, who own the rcniaiiiiii^!; sixtfcii -harcH thereof.
3. 1 am tlie manaj^inj;' owner and nia»ter oi' the wiid schooner " Ariel.''
I. (»ii tlie !)lh (lav of Kelinmrv, l(^s<), a.m., I eleared the said schooner " .\rifl" at
the Customs at (lie said ))ort of \'ictoria for a li-hini;- ami s,.iil-liiintini;' Advaijc in tlie
North i'aeilie ( >('eiiii and Beliriii:;'s Sea, and on tiie 1 itli day nf said month sailed Inim
said jiort of \'ieloiia on siieli voyage.
.5. (In ami for .--aid \oyai;e I wa-, master ol Hunl ■• Ariel " and one Herman Sniiti.
was mate, and said " .\riel ' on said vo\a;;e carried a crew ol' hventy-two men all loii;
The said schooner " .\riel " was e(|uii)iied and ])rovisioned for a lull season's voyage.
0. On tli(' r_'lli day of July fidlciuiiii;, tile "Ariel" entered Hehrinjf's Sea. The
sealskins which had hceii tiiken by the hunters on said schooner in the North Pacific
Ocean had been slii|)ped to N'ietoria Iiefoie enteiinji; IJehrinij's Sea, aiul no skins wcrt
on board on said 12tli .July.
7. The hunters on the •' Ariel" hej;an ^ealin;; ow the I Itli day of said .July, and in
the sixteen days following:' captined alioni H<0 seals!. ins.
8. On the ;iOtli day of said nioMtli of .Inly, at about ti o'clock in the mt)rniiii;, the
United State-' Ueveiuu' culler " Uicliard Kn^li " came alonijside tiie " Ariel " and tlirte
oSiccrs from said " j{ichard h'ush '' boarded the "Ariel." 'I'lii; said otlicers examined
and searched the "Ariel,'" asked the nundier of my crew, wlun I enteretl the sen, anil
how many sealskins T had on board, and warned and threatened nic thai if I was caught
takin;r seals, or with fresh sealskins on board, the "Ariel " would be seized, and myself
and mate j)laced under arrest. The said ollieers also t(dd me that they had sei/.cd tin
schooners " I'athlinder," '• lilack Diamond, " and "Minnie,'' and searched other Tcssehi
in the sea. The otlicers then letl, and >horlly after the cutler sailed .'n'.ay.
9. Fearini:; to remain in Hrlirinu'- Sea !e>l 1 should lose my ves-el and be myself
put in prison, I at once sailed for one of the pa>>es lending; Irom the sea. On thcXbt
day of July I lost a boat with three men, and remained some days in the inuiiediate
vicinity in order to pick them up. On the 'Jlst Auj.c'''^^ the '"Ariel" sailed out ct
Bcbring's Sea, homeward bound, with ^4A sealskins on board. On the iind day of
Sejitember the "Ariel " arrived at Victoria aforesaid, fully one month earlier than the
usual time of arrival for scalers from I'elirin;;'.-. Sea.
10. From the actual number of seals captured by the "Ariel" before beinj.'
boarded as aforesaid and from the muniier actually captured by other sealin{>' vessels,
with about the same e(piipment of boai> and men as ihe " Ariel.'' I believe that bad the
" Ariel" not been molested in Hehrinss Sea land but for such boardinii- and threuleiiin:
as aforesaid she certyinly would ha\c remained the lull season) the said " Ariel " wouifi
have made a total catch of not less 2,0' Mi sealskins.
II. The selliuf^ price of sealskins at said \'icloria on the said arrival of the
"Ariel" and on the Ist October, about which time sealinfi; vcskcIk usually arrive ai
Victoria from a full season's voyage, was m dollars jier skin.
12. 1 for niyseir, the said John .M. Taylor, and the said liella H. Lawrence, ni.v
co-owners in said schooner •Ariel," and likewise for the crew of the said '•.Ariel
on said voyage who wen- and are entitled to share in the total catch of sealskins by saiJ
vessel for the full season aforesaid, claim dama<;es of and from the Oovernnient of the
United States of America for the illej^al boanlini;- as aforesaid of the said sehooiiei, ami
for liavinjj; by threats and intimidation broken u]) the voynji'e of .said schooner ''Ariel''
and thereby caused the loss of at least l,l,j(j sealskins to the said vessel, her onneri.
and crew, and for lej^al and other expenses incidental to the preparation and subraissioD
of this claim.
13. Hereto annexed, marked (A), is a statement of such claim for damages as
aforesaid.
And I, Samuel W. Bucknam aforesaid, make this solemn declaration conscientioujl.v
bclievinn; the same to be true and by virtue of the " Act respecting voluntary anJ
extra-judicial oaths."
(Signed) SAMUEL W. HUCKNAM.
Signed and declared by the said Samuel W. Bucknam the '29tb day of November,
A.S. 1889.
Before me,
(Signed) Arthur L, Bfa^yea,
A Notary Public by Royal Autkority in and for
the Province of Briti:ih Columbia,
wn twenty-four
«!iid fl uly, and in
'Mo
Fiu'loHuri- i in No. iTO,
SiAii:Mi;NT (if I'liiini iiu:niii-t llic I'nilcil Sl.itos of America re l>i)iiriiing and tlireivtrt to
Kci/.c tlic scliooMiT '• Aiicl " ill lu'liiiiii^ .s Sea, July :!(•, 1889: —
•J,<»)0 «'iilskih>i tmiiniilcil iMlcli fur full s.uson. Ddl'iurs.
Kit ,. iiiimlii r ii('tu:illy l'ik< n.
1,1511 „ liiihiiicr uf I'^tiiiiutcil ciiicli, cliirni'il in iliiiniiKc'< nt ft <l)llji9 .. O.'.MS
l,"u'iil iiiiil (illicr cviipri^cs iiipiiji-nial In llio iimkinj; iind i-iiiimi.>nioQ nf llils
I'Litirii .. ,, .. .. .. ., ,, .. 'J50
'I'.iliil ., .. 1',1'JH
Ami iiit'Tt'st lluTfuTi al l\iv rati' of 7 per rt'iii. [h'i mumuiii until ]i:uil.
Tins is llic Stati'iiK^nt of cliiiiii rcl'orrcil to in tin' iloclarivtion of Samuel W. Buciinam,
iimJo Itct'ori' MR' till' 2'.)lli .\ovi'nil)i'i', a.d. Is^l).
(Sijincd^ A. L. BELYEA, Xotury Public.
1 lor damages a-
i\o. 'jri.
Sir .1. Piniiirffntc t(i Ihi' MniUjuift nf Saliahurii. — {liecriml Jniiiiary 22.)
My r.iird, W'ltshnitjiiiii, JniuKinj 9, 1B90.
WITH rolV'vi'iu'c to my deHiinlcli ol' tlii! 'Jf'itii ultimo, I liavc the lionour to
iiicJD^i' iici'cwilh coiiyoi'a Hcsoliitioii wliicli liiis lictMi liiid upon ilic lalilo of the Senate by
!*L'niitor I'hinil) in re2;ard to the iiilvertiseineul of the Secretary ol the Treiisury, invitinjif
toiwlcrs fnr ii new lease of the Alaska seal Rshcrios.
1 have. &c.
(Sijfned) JULIAN PAUNCEKOTE.
Inclosure in No. 271.
Extrdft train llif " ('inii/reKKloiidl RevonV nf Jaiiiinrij 7, 18!)0.
AUmUii Srnl Fislirrlct!,
Ml. I'liiDil), — I otl'er a Itesolution. which I ask may lie njion the table, and he
lirinti'd.
Tlif I'icf-I'rrsiili'iil. —The Kesolulion will he read.
The Chief I'lcrU read as follows; —
" Whereas the Secretary of (lie Treasury has, hy )ml)lie advertisement, invited bids
tor loa^iiiu; tin isliinds of St. Paul luid St. (!e..ri!:e. in (he Terridu'vof Ala-.|;a, for a jieriod
or(wen(y years ; and
" .Vhcreas tiic law under whicli said iiroposnl is issued \vas p^i^sed ahou( twenty years
since, ninl the circuinstnnccs and conditions existiuii^ in Alaska, and with reference to the
seal imlustry, have nnilerially ehanu'ed iluriui; that pi'riod ; and
" Whereas it has been cliariied upon the authority of a lat(! (Governor of .'Vlaska that
the Alaska Comniereial t'oiniiany, now occuoyi'., .^lid islands uinler lease from the
("inveriiuieiit, has exercised its priviloircs oppressively and at^ainst the interests of both
tin' natives and the (iovernmenl ; and
" \Vlierca> said ('oni])any claims that it is the only jicrson or (n-!ianiza(i(m which can
sui'c ssliilly c()inpe(e for the leasi' invited by the Strretary of tin' Treasury as aforesaid.
.111(1 lliere is every reason to believe that umler present leui-lation and conditions the
lease proposed will be made to said Alaska Conmuucinl ('<ini|iany substantially without
competition. Tlu'refore.
■' I'l'sdlccd, — Thai the Secretary of the Treasury be requested not to make a new
kiHo 111 said islands until further action by Conjrress, or until the latest period made
neeessiiry hv existing; law, and that meanwhile ho make full report (o the Senate as to the
iiunnor in which tiie said Alaska Commercial Company has dischar<,'ed its duties and
"lilii;atiims under (bo present lease, and also what additional ley:islatioii, if any, is necessary
in (irdi-'r that the interests of the (Jovernment and those of the natives and citizens of
Alaska may bu more fully protected."
The Virr-Prrsiilent. — The Resolution will lie on the tabic and be printed.
[128]
3 E 2
JWrlf *
No. :j72.
'S//- ./. Piniiicct'olv to the Mnnii.l:, tij Sulishmij. — [Itrceiteil by telfijriipli. Jaiiuiirij -.').)
M)- Lord, ]\'ir^liiii(jl<ni, Jiniiiiiin •-'•\ ^>*'<(>.
1 H.W'M till! lioiKiiir to iii('l()>i' liorowitli copy ot'n iiDlr wjiidi I Imvo recfivcil Iroiii
iMr. Uliiiiic. coiiluiiiin^' the iuiswit of tlie I'iiIIlmI Statos' (Jovermiiciit In tlu' ihdIi'M
which Mr. Kdwunli's mailo by your Lonlsliip's ilirt'i'lioii-i nu llii' li'th OcIoImt liw
agivinst the sciziiic of Camulian vchsoIs made hv the rnileil States' IJevciiue ciittti
" Rusli " in Ik'liriiig's Sea.
I liave, \c.
rsimied) -lULI.VN I'AUNCKFOTi:.
Inclosurc in Ko. 27-.
Mr. I}l(iinc to Sir ./. Pnnnri'fole,
Sir, Dfjinrlment of Stall', Wdsliiiii/toii, Jiiniiiirii 'J'Jt. ]>^U0,
SEVKRATi weeks liavo elapsed since I had (lie honour to receive tiiroiiirh tlieimnils
of Mr. Ednardcs copies of two despatches IVruu Lord Sahshiiry,* coniplaiiiinf; i>f the
course of (he United States' |{eveiiiie cutler •' liush" in intercept ini;- ('aiiiidian vessi'Ls
sailing under tiic IJritisli Hay, and ensajred in takiiiLr fur seal- in the waters of the
Behring's Sen.
Subjects whicli could not he postponed have enuaj^ed tiie attention of this Depart.
ment, and have rendered it impossible to pive a formal answer to Lord Salishurv until
the present time,
In the opinion of the President, the Canadian vessels, arrested and detained in the
Bebring's Sea, were eii;j;a;!;ed in a ])ursuit that is in itself cnnlrn Imnos mini's — a ])iirsuit
which of neces-,it\- involves a serious iind lu'rmanent injurv to the rights of the (Jovcrn-
ment and people of the I'nited States. To establisli this j,q'ound, it is not necessarv to
argue the (piestion of tlie extent and nature of the sovereignly of this (Joveriuni'Ut over
the waters of the iiehriug's Sea ; it is not necessary to explain, •erlainly not to define the
powers and privileges ceded by His Imperial .Nlajtsty tiie Hmprior of Hussia in the
Treaty by which the Alaskan territory was triiiisferred to tin I'liitc! States. The
weighty considerntioiis growini;' out of the acipiisition of tiiat territory, with all the vighU
on land and sea inse])arably connecteil tberewiih, may he safely left out of view Hhile
the grounds are set forth ni)on wl i."h this tiovernment rests its Juslilication for tlif
action complained of by Her .Majestv s VJoveriniient.
It cannot be uidinown to V.ci ^!aiest^■s (ioverniiieiit that one of the most valiiiiblo
sources of revenue from the Alaskan pos-,essions is the fur-seal liNherie- of the liehiiii^'S
Sea. These fisheries had been ' ■,<'c ively controlled by the (Joveriiiiienl of i'lis^ia,
without interference and without qMC-.iion. from their original discovery until the co>sion
of Alaska to the United Slates in J HOT. IVom isiiy to issii the ijossession, in wliidi
Ivussia bad been nndistnrbed. was enjoyed by this GovernmeMt also. There was im
interruption and no intrusion from any source. Vessels from other nations pas.-iiig Iron:
time to time through JJehring's Sea to the Arctic Ocean in pursuit of whales bad ahvn}.-
abstained from taking part in the capture of seals.
This uniform avoidance of all attempts to take fur seal in those waters had been a
constant recognition of the right held and exercised first by Uiissia, and suhseiiuently !)V
this Government. It has also been the recognition of a fact now held b(;yon<l denial or
doubt, tlut the taking ot seals in the open sea rapidly leads to their extinction.
This is not only the well-known opinion of experts, both British ami .\meric;iii,
based ui)on probmged observation and investigation, but the fact had also lieen
demonstrated in a wide scmse by the well-nigh total destruction of all seal fisheries
except the one in the Bebrini;'s Sea which the (iovernment of the United St"tes is
now striving to preserve, not aliogether for the use of tiie American people, but for
the use of the world at large.
Tiio killing of seals in the o))en sea involves the destruction of the female in
common with the male. The slaugliter of a female seal is reckoned as an imnicdiiiti!
loss of three seals, besides the liiture loss of tlie whole number which the ijcariiig sesA
may produce in the successive years of life. The destruction which results from killing
seals in the open sea proceeds, therefore, by a ratio which constantly and rapidlj
See No«. 22H and 21)9.
»fl7
increases, mid iiisurcs llic tniiil (Alcimiimlion of tlur species witliiii ii w\y liiiiT |ieiin(l,
ll ha^ tliii^ lii'i'iimc kiKiHii liiiii tlic only iiiuper lime for the .■•laiiL;iiler of >eiils is at tiii'
scii-cii wiieii lliey Iti'tiilic I liein-i'lve>' (o ilic I;iii(i. Iiei'iiiiso ti.e liiiid is tlio only pliicc
wlirii' till' H'fesMii'y (li«('riiiiiri:itiiiii ciiii lie iiimle !is to the nije iiiul sex of tin' .'eiil. it
Hoiilil seen, 'hen, liy f.iir re isonin^', tliiit mil ions iiot po-sessint; the territory niinn which
!<iii!> can inereii>c Iheir ninohers hy imtiuiil yrowih, inul thus nll'ord nn iinniiiil HU]),)ly ot
«kin^ tor (he i^e of niHnkinil, should refrain Ironi tlie -liumhter in open sea, wlieic the
ilcNtiiii'don of the species is sure and s»itt.
\ftcr ihe ai(|ui»ition of AhisKa. tiie fiovernnuiit of the I'nilod Slates, iliroiifrji
Odinpi'lenl ajreiils, worKiii^' under llie direction ol' the host expiits, <invii careful
Mlli'iitiiiii to the iiiiprovcintnt ct tin- seal fisheries rroeeediiiu: hy a I'losc ohi dielice to
ilic laws of nature, ami linidly limilinu' the iiiiniher to he annually .slaughtered, the
(ii)viiiiMirnt succc.'ded in incre.r-iiiLj llie total nuiiiher of seals, and addiii;j eorrc-
siiiiiidiii;;ly and hir;;tdy to the value ot' ijie lislieries. In liie course of ii few years of
ilitclliirint and inleresliny; e.\|)eriiueiit, the niimher lliat eould he -afely slaujjlilercd was
tixi'd at l''iJ,0(Mi annually. 'I'lie Company to wiiich the adniinisti.ition of llie fisheries
WHS intrusted hy a lease from this (joverimient has jiaid a rental of fiU. (iOO didhirs per
aiiii'.nii, and, in addilion thereto, 2 dol. li".", c. ])er skin lor llie total niimher taken. The
.-kins Were ri'^ularly transported to i^oudoii to he dressed and jircpared for the iiiaikcts
iif the world, and the hnsim-s had ;;ro\\n so lar;;i' that llu^ earnings of )',ii;.'iisli Inhourcrs,
since Alaska was iraiisferred lo the I'niie 1 Slates, ainounl> in tlie ag!,'regalo to more
than lL',i"iil,(Hjl) dollars.
The entire husincss was llnis eonducied pcacfully, laufully, and profitably;
lUdlitaldy lo the I'nitcd Stall's, for the nnlal ttu> yieiiiin;,' a moderate interest on the
iiiri;i: slim which this tJovernment had ]»aid lor Alaska, ineiiuiin;; the rii;'lits now at isiuc;
]iriilitahly to the Alaskan Company, which, under (Jovernmental direelion and restriction,
had f;iven unwearied jiains lo ihe care and develoiiineiil of the lisherics; prorilahly to
the Aleuts, who were reeeivinj;- a fair picuiiiary reward for their lain us, and were
ekvaled tVoin semi-sava^'-ery to eiviliz ition. and to liie enjoyment of school- and churches
provided for their heiielil hy the (ioveriimeiit of the I'niied Slates; and, last of all,
prnritiilily to a larije hody ot {■Iin^lisii lahourcrs who Ii.miI coietan: employment and
received j,M)od wages.
This, in hrief, was the condition of the Ahiskii fur-seal lislieries down to the year
Issii. The precedents, euMloins. and rifihis had been eslahli-hed and enjoyed either by
Kii-siu or the United Stales for nearly a century, 'i'lie two nations were the only I'owers
tliMt ouned a foot of land on Ihe eontinents that bordered, or on the islands included
within, the Mehrinu's waters where the >eals resort ii> hri_eil. Into this peaceful and
Secluded lield ol labour, uiiose heiielits uere so ei|iiila' ly >iiared hy ihe native Aleuts id
tlie rrihyloll' Islands, iiy the I'liiteil Stales, and hy ICniilaiid. certain (,'anadiau vessels in
Issi'i 8s~eried their ri;;ht lo eiiter iind, h\ llieir ruthlos coiir-e, to destroy the iisheries,
and with I hem to destroy also the resultini;' industries wliiidi an so vahuihle. The
(hivrrmiieiil of the I'niled Slaies at once proceeded lo check this movement, which,
iineiiecked, was sure lo ihi ureal and irreparable harm.
It was cause of unfeinned surprise to the United Slates that Her .Majesty's Govern-
iiieiit should immediatelv interfere to defeinl and encouraiie C:-ure!) lo eiicoura;;e by
deleiulin;;) the course of ihe (,'anadians in dislmhiu^- an indu>lry which I'.aii been
carelidly develojied for more than ninety years under the llaj;-- o{' iJusvia and the United
iSiiitcs. developed in such manner as not to inlerfeie with Ihe public ri^ht^ or ihe ])rivatc
iiulustries of any other people or any other perMin.
Whence did the ships of Canada derive the ri^hl lo do in 1>>I) (hat wiiiidi liiey had
rolraiiicd from doiiiy; for more ihan niiielv years r Upon wli.it i;rounds did Her Majesly's
(jovcriinieni defend in the year l,Si"<i> a course of conduct in the r>idirinj;'s Sea which
she had carefully luoided ever since the diteovery of ihat sea? by what reasoning- did
Her Majesly's (Jovernment conclude that an act may be coinmilled with impunity
against tjio rifjhts of the United States which had never been alteinpted against the same
rii;hls when held by the Russian Ijiipire r
So f;reat has lieen the injury to (he lislieries from the irreunlar ami destructive
slauLrhter of seals in the open waters of the IJehrinj-'s Sea hy Caiuidian vessels, that
whereas the Government has allnwed lOdJiOO to he taken annually for a series of years,
it is iiinv eoin]ielled lo leduce the number to t)n,(;t)l). If four vears of this violation of
nalural law ;ind neiglihour's iit;lits has reduced the annual slaULihter of seal hy 40 per
cent., it is easy to see how short a period will he reiiuired to work the total destruction
of the iisheries.
The ground upon which Her .Majesty's Goveriimeni justilies, or at least defends.
398
the course of the Cnnadiaii vesselH, rests upon tlie fact tliat they are coniniittini; their
acts of (k'struetion on tlie liii;li seas, viz., uuire than ■\ marine miles tVoiu tiie siiore-hiK!
It is doubtlul wliether Her iMiijestv's (iovernuicut would al>id(' \ty this rule if the atlciniit
were made to interfere «ilh the pearl lisiieiies of Cevlon, which extend 20 miles frum
the shore-line, and liave been enjoved hv I'ji!;!and without molestation ever since their
acquisition. England has felt authorized to sell the ti-.liery riijlits from year to year.
Nor is it credible that mudes of lisliinj>- on t!ie (Jrand llanks, alioiretlier iiraoticable hut
highly destriK'live, would he justified or even ])ennitted liy Great Ikitaiu on the ])k'u
that tlie vicious acts were committed niorc than .') iniles from shore.
There are, accordiu!;- to scientific authority, "great colonies ol' lisli on the New.
foundland hanks. These colonics resemble the scats of jjjreat ifopulations on laml.
They remain stationary, havinjr a limited ran^'c of water in which to live and die.'' in
these great "colonies.'' it is according to expert jiulgnu'iit coniparatively easy to
explode dynamite or giant powder in such manner as lo kill vast (piant'ties of lisli, and
ui the same time destroy countless nnmbers of eggs. Stringent laws have been
necessary to ])reveiit the takin::' of rish by tlie use of dynamile in many of the rivers anil
lakes of the United States. 'I'he same mode of tishing could readily be a<lo])ted with
effect on (he morn shallow ])arts of the banks, but the destruction of fisli in proportion to
the "catch." says a high authority, might be as great as 10,000 to 1. Would Her
Majesty's Oovernment think that so wicked an act could not be prevented, and its
l)erpetrators punished, simply because it had been commiltcd outside of the .'5-mili'
line ?
Why are not the two cases parallel 'r The Canadian vosels arc engaged in the
taking ol' fur seal in a manner that destroys the power ol' reproduction, and insures tho
extermination of the species. In exlerudnating llie .'^ju'cies an article useful to nuinkind
is totally destroyed, in or.lcr that lempoiary and innnoial gain may be accpiircd by n
tew persons, liy the eni])loyinont of dynamite on the banks, it i< not proiiable that the
total destruction of fish could be accomplished, but a seriou.s diminution of a valuable food
for man might assuredly result. Does Her .Majesty's (J overnment seriously maintain
that the law of nations is powerless to ))rcvent su(di violation of the common rights nt
man 'r Are the sui)])orters of justice in all nations to be declared incom])etent to prevent
wrongs so odious arul so destructive 'r
In the judgment of tins (Jovernment, the law of the sea is not lawlesiiuess. Nor can
the law of the sea and the lii)eily which it confers an.l which it protects be perverted
to justify acts which are imnioi'al in themselves, which inevitably tend to results against
the interest and against tiie welfare of niaidvind. One stej) beyond that which Her
.Majesty's Government has taken in this contention and piracy liniis its justilication.
The I';esident does not conceive it possible that J ler .Majesty's Government coukl, in
fact, be less indillerent to these evil results than is the Government of the I nitcd
States. But he hopes that Her .Majecty's (iovernment will, alter this frank expression
of views, more readily couijirehend the po-itioii ol' the Government of the I'liiled Slates
touching this serious (|ues(ion.
This Government lias been ready to concede mnch in order to adjust all dilfereiicc-
of view, and has in the jiuignK'nt of the I'lcsiiient already projiosed a solution not nnlv
e(piitable, but generous. Thus far. Her jM'ijesly'.^ (io>ernnienl has declined to accejit tlif
jiroposal of the United States. The J'resident now awaits witii deep interest, nut
unmixed with solicitu<le, any proposition for riasouable adjustment whici Her .Majesty's
Government may submit. 'I'he I'orcible rcMsiance to which Ibis Government is
constrained i;i the Bebring's Sea is, in the I'rt'sident's jtulgment, demanded not only liv
the nec(!ssity of defenJing the traditional and hing-established rights of the United
States, but also the rights ol' good mor.ils am! of good governnuMit the wcirld over.
in this contenti'in, the (iovernment of the rnilcd Stales has no occasion ami no
desire to withdraw (ir uiodil'v the ])ositi(nis which it has at any tinu' maintained a;:aiiis!
the claims of the Imperial (iovernment of llussia. 'I'he United Stales will not withhold
fr(nn any nation I'oe privileges which it demanded for itself when .\iaska was part of the
iiussian |-Jnpire. Nor is the (jovernment of the United Slates disposed to exercise in
those possessions any less iiower or authr)rity than it was willing to concede to tlie
Imperial Governmi nt of Hiissia when its sovereignty exteiulcd over tiiem. The
President is jjcrsuaded that nil frieiully nations will concede to the United States the
same rights and privileges on the lands and in the waters of ^Vlaska which the sane
friendly nati(jn- always ciinceded lo the llmpire of Russia.
1 have, Ike.
(Signed) JAMES G. BLAINE.
jtent to prevent
a09
Xo. 2":^.
Thr Mdiijdis lit Sdlishiiiil /o ^5(/' J. PiiHiirefotc. — (•Suli.sfiinrr tfloi/niiilird.)
Sir, Ffirriijii Ol/in; .htiiiinrij -Jti, 1890,
1 IIAVI'l rcccivci! vdiir tt'l<!uraiii of llie 'J■^vd ii-stant, ji'iviii;^ the sulistasife of
:i liolo Mm had rccoivi tl IVniii .\!r. liliiinp, in rc]il\ tn tlie pidjiosnls made to the
(jdViTiiiiu'iit iifthi' rnili'il Stales for the reoiioiiinn' of iios'iiti.itiniis on (lie Iklirinji's Sea
question.
lliT -Nfaiesty's Govcriinii'iil will in- picpr.rcd, ulu'ii llic lexl of the note reaches them,
to li'wc it their carel'nl consideration, and to return a formal i i'l)l,v. So far as they arc at
|ji(.'-i'nt aMc lo juflfic il la\-i down doctrines in international law to which they would be
uiialilc lo sul)~crilie.
.Meanwhile, they wonld he ^lad to know wijetiier, in your o])inion, it woidd be
desirable thai, in rejily to Mr. Blaine's assurance that "the Uovernnient of the United
States await, with dee]) interest, not unmixed with anxiety, an>- sua;gestiou for a
rciisonjiiile adjustment of the |)oiuts at issue lietween the two (iovernnienis." you should
now nnrke proposals in ih(? sense exiilaiiiecl in your des])atch of the 1st Xoveniber last,
with the Miodilications wiiich, after consultation with the Colonial Ofiiee, have been
cmi'-idered necessary.
'i'lie follow iiij;- are the terms which 1 fer .Majesty's Government would be prepared to
authorize you to propo-c lo .Mr. lilaine : —
i( . I That the tripartite nc!;()tialion for securinji; a close time in Rehring's Sea for
the iiriilcclion of the fur-seals should be resuTned at Washington.
(II.) That all wcU-lounded claims for compensation <m the part of Uritisli subjects
for seizures in the i>nst of their ves.sels by authorities of the United Stites should be
(Iciilt widi In" a separate neuotialion as speedily as possible, but that it should be
uiiilersl"od liiat ller Maiesi\'s (ioveiiinient must be satisfied on this point before they
cnu enuie lo any seillenient in regard to a clo.se season.
('■.) Lasdy, that an assurance should he obtained froni tlie (iovernnient of the
I iiilcd St ics that there shall ho no further sei/.uies of Uritish .ships in Beliring's Sea
while negoliuiions are proceeding.
L am. ite.
(Sinned) SALISBURY.
Xo. VH.
•>'(> ./. I'fiiiiicetoie to lite Ma. jUi.v o/ iinliiMury. — {Received by telegraph, January 30.)
M.\ Lord, fVaxhiiigtoii, Jiinvnry SO, 1890.
I HA\'E the honour to imorm your Lordship that I think it is important that 1
sli(ail(l know the total aniounl. of compensation ivhieh is claimed for tlie se;/ur3s of
lirilish vessels in Hehrings Sea up to date before making the propcsals indicated in
}'or. I,i,ril.sliip>, II legram ol' the liS'.h instant.
1 have told Mi. Blaine ihul ller Majesty's Govern.'nem must have satisfaction on
this poiiii bei'ore they can aj;ree In any sellli'ineiit on the other questioit,
\rgiiiiig from his stand-point he denies any right of compensation, but he is willing,
" i' sake (jf. settling so grave a (lis])Ute, to consult the President oi the I'liitcd States
us to a ;,ra:uu lus ulfer of a lump sum in fiiil saiislactioii, in oruer that di.■^cussio^8 on
ili'ins invulviug jirinciples on which the views of the two (loveniinents appear irreeon-
cilable may be avoided. He has, therefore, uskeii mc lo ol)tain tlie above inforuiatiou as
8001) lis possible.
If this (iilliculty be surmounted, negotiations lor a close season might bo commenced
lit once, sulijeet to adequate assurances against lurther seizures, wliich, 1 think, I might
he ahle to oiitain.
I have, &c.
(Signod) JULUX PAUNCEFOTE.
41 io
Cn/niiifll Oll'iri' to F'lri'ii/)) ()l/'ir>\ — ilifrriri'il Fcliiii'ini 1.)
Sir, DoiriiiiKf Siri-rl, Jniiitnii/ !M, 1800.
I AM (lire<'t('(l 1)V l-oril Knat-fonl (o Iniii-niil to voii, io lie laid Uetbrc tlic Marquis
of Salishurv, a co])y ot a ('uspatcli iVoi'i llic Crovcrnor-l Si'iioial of Caimda. forHardins; a
claim to coinpeii-ation on liolialt of tli? owikt of tlio Hritisli scliooniT '" Kate," wiiicli
vessel was ovdcroil from flic Melirinu's S(>ii in A!i;;ns( lii^t hv an olficur of the United
Statvs' IvevoiUH'-t'ntter " Ricliaiil linsli.''
I am to add that this claim had not ])reviou>ly ln'cn received, and Lord Knutst'ord
has inqnired, hy telegraph, whctler any inrtlier claims are to he expected.
1 am. &c.
(Si-ned) JOHN RItAMSTOX,
lnclo"-Mre J in No. •_'7.').
LnrrI Sftiiih-ii iif I'rrstiiii I'l hi.'ril Kiiiilst'nrd.
My Lord, (iorrnniirnl llmmi', O/linni, .IniiiKlii/ fi, I8!)0.
I H.VVl'j tlic hononr to forward iici'cwitli, for transmission to the I'ldted Statos'
Government, a copy of an ajiin-ovcd IJcport of a (."ommittee of the I'rivy Council
suhmittini;- declarations and formal statement of the claim to compensation on. hclialf of
the owner of the r)riti>h scliooner '-Kate," which vessel was on tiic- ]3tli .\nj:;iist last,
while enjfa^red on a sealing!; voyase. ordered from the Helirini;'s Sea, nnder threat of
scizine, !iy an olllccr of the Cnited Slates' Hevenue cutter " Richard Rnsh."
Your Liirdshi|) will ol)scrv(> that Ih,' claim amonnis to the snm of 1 I, "Jin dollars tor
loss incurred hy reason of the said vessel hein;;' interferred with in the legitimate pursuit
of her callini;-. ami is adv.niccd l)y Mr. < liarl''> Sprin;;-, of \'icloria. Hriti-li (Johnnhia, as
sole owner of the vessel in question.
1 liavi", SiC.
^Si-ncd) STANLEY Of I'HESTOX.
Inelosnre i in No. •2~5.
Report of n Committee of the Honounililc I lie Viiitj Cninitil, (ijijirurcit liij liin E.irflli'ncii i "
fjnrcnior.Gcneral in Ctmiicll on tiip 2^lii Drri'mlifr. 1i*8!1.
ON a I'cp^'rl. elated -7th DecemlM'r. 1i*8'.l, iVom the Minister of Murine ami
Fisheries, snlimillmn' the ap]iended declarations aiul tornial statement of the claim ('■
cotn])cnsatioti on liehalf of ilie owni'r oi' the liriii--li schooinn- •' Kate,"' which vis-el wk
on the l-"iili .\iii;'n«t, ISs*!*. while en^a^■ed on a sealing- voyage, ordered IVoii tlio
Behrinrc's Sea '■-^o.calleil i muler threat of -eizme iiy an ollicer of the United State*'
Revenue-cutter " Richard R'.ish."
The Minister rihserves (hat the claim anioimf^ to 1 1,'Jlii dollars for los> inciii'rcil by
reason of the said vessel heini;' interfered with ii, ihe le^itinuite pursuit of her calliu?.
and is advanced hy Mr. Charles Sprini;'. of \ icioria, Uriti'-h ''(dnmiiin, as sole owner ot
the schooner in (piestion.
The Minister recommemls thai this claim lie I'oruarded ihron;;'!! the prnpor
channel lo Her Majesty".' (lovernment t'or tiansniixsion tu the (Joveriimcni of tin'
United States.
The Committee advise that your Ivxcellem'y iie ved to '.;-v\ard a copy of thi?
Minute, together ivith the ])ai)(.'r- nuMilioned herein, le the Riylii lionomahle the
Secretary of Sl„(e tor the t'n|oni<s.
All of which is resiieciinlK >id)mitted for your l'",vc idcncy'.'i apjiuiv;i,.
(Signed) .1011 N ,). MrGlil-:,
Cler,'-. Prii'ii Cnininl.
■■,':*■
401
•1/ 31, 1800.
I' tlie Marquis
, forwardinsii
• Kiite," which
of tlio United
lord Knutsford
{AMSTON.
■ihi/C, 18!W.
I'liited States'
I'l'ivv Council
11 OP. bcliait' of
li .\iis'iist last,
imlor tlireat of
1."'
.■JIH (liillars for
;itiiiiati: iiiirsuit
1 (^oliiniliia. as
l'l!l':STON.
s li.vrclli'iiru i
ol' Mnriiu' ami
of tlif cliiiiii li^
vliicli vi's-ol wfiE
Icri"! l'ro:ii the
United States'
,> .,, . „. Afjpetidix,
CaniiJa, ■province of 'feWtish ColufhWa,
City of Victoria.
I, Neils Mobs, of the city of Victoria, province of British Columbia, Dominion of
Canada, liiaster mariner, do solemnly and sincerely declare as follows : —
1. The hereinafter mentioned scliooner " Kato " is a British vessel, registered
at the port of Victoria, British Colnmhia, and owned by Chii'les Spring, of the same
place.
2. On or about tiic Ist June, lfi'^9, [ cleared the said schooner " Kate," as master
thereof, at the Customs-house, port of Victoria, for a fishing and hunting voyage in the
North I'acitic Ocean and Bchring's Sea.
On the following day the " Kate " .sailed on said voyage, fully equipped and
provisioned for a whole season's voyage, and carrying a crew of four men.
3. On the west coast of Vancouver Island I engaged and took on board si.xteen
Indian hunters and sailed northward, entering Bchring's Sea on or about the 20th July
following, having then on hoard twcnty-fonr seal-skins caught outside Bchring's Sea.
4. A few days after entering the Sea the hunters began taking seals, and continued
to do so up to the 13th August following, on which day the "Kate" had on board
630 ical-skins.
5. On said 13th August, at about G o'clock in the eveninsr, the United States' Revenue-
cutter " Richard Rush " steamed up to the " Kate," within hailing distance, and an
officer asked nic what I was doing. I replied that I was fishing. He .said that he had
onlcra to order all schooners out of Hehring's Sea if caught sealing, and if he saw me
again in the Sea he would seize nie. The wind was blowing a gale at the time, and the
cutter .steamed away.
6. In consequence of what had been said to me by the officer of the said cutter I at
once determined to leave the Sea and not risk seizure, and on the IGtli day of the said
month of August the " Kate " sailed out of Bchring's Sea by the Ounimak Pass, and
Bailing south reached Victoria about the 10th September, after some days' delay on the
ffpsi coast of Vancouver Island.
7. Ik'fore being spoken by the said cutter, my intention was to remain in Bchring's
Sea until the 1st September, and with the hunters I had and average weather 1 verily
b(,:"ve Hmt by the 1st September, had not the " Kate" licen ordered to leave the Sea
.fiid chre tened with seizure if seen again by the said cutter, the said " Kate" would have
siiude u total catch of not less than 2,000 seal-skins. The best part of the sealing season
i ' ■■ sitid Sea was about beginning, and in the three days just preceding the said
■" h . i;.';Hst the liunters on the " Kate " brought in about 30i) seal-skins.
', Nf'ils Moss, aforesaid, make this solemn declaration, conscientiously believing the
siu ' ro 1)1 Mue, and by virtue of the "Act respecting extra-judicial oaths."
(Signed) NEILS MOSS.
.'^irrned and declared by the said Neils Moss, the 7th day of December, a.d. 1889,
bcl'ore me.
(Signed) A-Tiiru L. Bi;i,vi:.\,
Notary ruhiir liy Roijtil Authorili/ in niid for
till' Province nt Ihilisli ('oliiiiihiii.
iss incurved hy
if her calliui.
sole owner nt
ill tiK'
riimciit
proper
of thi*
d ii I'opy of thij
li(.niMiriilde the
Ki;,
Prill)/ Cinnini
t'aiiiuhi, Province of IJritish (.'olumbia,
Victoria.
I, ( Imil' s Spring, of the city of \'i.-toria, iirovince of British Columbia, Dominion
•I (-'iiiiudn, trader anil sliip-owner, do solemnly and siiiceroly declare as follows: —
'. 1 am I'.ie sole owner of tlu; schooner " Kate," of the port of \'ictori;i, aforesaid.
'.'. I have read the declaration of Neils Moss, the master of said sclioouer on
a scaling voyage to the North Pacilic Ocean and Bchring's Sea in ISSSt, and verily
liclicvc the same to lie true.
"■. 'I'lie market value of seal-skins at \'ictoria, aforesaid, at or about the time the
"Kale'' arrived from said voyage and since that time, was, and now is, 8 dollars
|icr skin,
I. 1, on my own lii'half and on behalf of the crew of saiil schooner, claim damages
ol and Irom tlu^ (ioveniineiit id' the United States of America for having, by force of
(fireals and intimidation, compelled the master of said scliooner on .said voyage to leave
lUdiring's Sea before the close of the sealing season, and thus depriving the crew and
owner of said vessel of the benefits and profits of a full season's catch of seal-skins.
[128] 8 r
402
I also claim compensation for legal, personal, and other expenses in connection with
the preparation and submission of this claim for damages, and hereto annexed marked (A)
is a statement in detail of such claim.
And I, Cliarles Spring, make tliis solemn declaration, conscientiously believing the
same to be true, and by virtue of the " Act respecting extra-judicial oaths."
(Signed) C. SPRING.
Signed and declared by the said Charles Spring, the 13th day of December, a.d. 1889,
before me.
(Signed) Aiirnru L. BEiiYEA., -
A Notary Public by Royal Authoriiy in and for
ike Province of British Columbia.
Dollara.
fri ,MENT of Claim by Owner of schooner " Kate."
!i,000 HCttl-skins, estimated ontch l)y '• Kiite " for full scnson of 1889 in
Itoliriiig'a Sett.
630 le!B number taken up to 13th AnxuKt, 18R9.
1,370 Imliince, iit 8 dollars per skin .. .. .. ., ., 10,960
Legal and other exi)eiises in prepnr.ition and Kubmissinn of this claim .. 250
Total
11,210
.^nd interest tliereon at 7 per eent. until jjaid.
This is the state lent (A) of claim referred to in the declaration of Charles Spring,
m^e before me the 13th day of December, 1881).
(Signed) A. L. BELYEA, Notary Public.
No. 27G.
7%e Marquis of Salisbury to Sir J, Pauncefote. — {Substance telegraphed.)
Sir, Foreign Office, February 1, 1890.
I HAVE to acknowledge the receipt of your telegram of the 30th ultimo,
asking to l)e infonnod what is tlie total .imount of the compensation claimed on account
of the British vessels seized up to dute liy the United States' authorities iii Behring's Sea.
You are autliorized to inform Mr. Blnine that the claims which have been presented
to Her iMiijesty's (iovernuient amount to about oOl),000 dollars.
Her Majesty's Government would, of eoursc, be willing to subject them to further
examination, and probably consideral)!*! reductions would be found to be admissible.
Should did'crencos of opinion arise as to the amounts to be awarded in the several
cases. Her Majesty's Government niiglit not be indisposed to agree that they should
be referred to arbitration.
I am, &c.
(Signed) SALISBURY.
No. 27;.
The Marquis of Salisbury to Sir J. Paunrrfnte. — (Sulistam: ■ telegraphed.)
Sir, Foreign Office, February 1, 1890.
I HAVPj to inform you that the claims for coin])ensation for the seizure of British
vessels in Behring's Si-a, submitted by the Canadian Government, Imve been revised at
the Colonial Otticc, and should not exceed 400,000 dollars.
A summary of the various claims will be sent to you by mail this evening,
I am, &c.
(Signed) SALISBURY
403
■ ' ■ _ ' ^ ;:. 1 . ■ --■ ■ ■ jf„_ 27g_ '• ■• ' • •■■ . ■ ' " •' •■ ; ' ■
,; I .*
Forriijn Office In Cnlntiinl Offire.
Sir, Forehjii Office, Fehruarxj 6, 1890,'
I AAI directed by the Marquis of Salisbury to stiitc (Imt his Lordsliip would be glad
to be favoured with any ob»crviitions wliicli Lord Knutsford may have to offer on the
reply of the United States' Government to the protest of Her Majesty's Oovernment
ajjainst the seizures of Canadian sealin^-vessels in Beiirinij's Sea by the I'nited States'
autliorities.*
I Hin, &e.
(Sioned) r. CURRIE.
Xo. 279. . . .;
Colonial Office lo Foreiyii Office, — (Recetiecl Fejiruunj 7.)
Sir, ' ' Dniriiiiiij Street, Feliriwry C>, 1890.
Wrril reference to the last paraj^raph of the letter from this Dep.irtnient of the
31st ultimo, I am directed by fiord Knutsford to transmit to you, for the information of
tiic Marquis of Salisbury, copies of tele;;rapiiie correspondence with the Governor-
General of Canada respectiny; the claims on account of the suizures made by the United
States' Revenue cruizers in l?ehrini;'s Sea.
1 am, &c.
(Signed) ROr.i:RT G. W. HERBERT.
Inclosure 1 in No. 279.
Lord Knutsford lo Lord Sttinhi/ of l're><lon.
(Teleftraphic.) Downiiuj Street, Jaiiuari/ 30, 1890.
I SHOULD be glad to know if there are any further claims for uomijcnsatiou
Behriiig's Sea, and what they amount to.
Inclosure 2 in No. 279.
Lord Stanley of Preston to Lord Knutsford.
(Tclej;raphie.) {iieeeiied at the Colonial Office, Februnnj 4, ISOO.)
THKHl'j is one additional claim for compensation " Minnie," l(i,40() dollars, i am
semlii.g summary of claims by post, and liave forwarded a copy to Her .Majesty's
Minister at Washington for his information.
No. 280.
^ir ./. Pauncefote lo the Marijuis ot i<iill.iliiiri/. — {Received In/ teleijraph, Feliruiiri/ H.)
My l-ord, Washimjton, February 7, 1890.
THJ'j terrible calamity which has befallen the family of tlie Secretary of the Navy
and llie renewed aflliction in tiu- family of the Secretary of Stale, both of which events f
Imd the honour to rei)ort to your Lordslii[) by telegram, have ilelayed tiie further
progress of the negotiations respecting the lieliriny's Sea ipiiv'-tion. Rut as soon as was
practicable after tiie receipt of your ijordsliiji's telegram of the 1st instant I had
an interview with Mr. IJhiine and resumed the discu.ssion on tiie subject of damages for
the seizure of the ('anadian vessels.
1 informed him of the amoimt of the claims, at whidi he ajjpeared quite astounded.
After some general conversation as to the nntmc and character of the danuiges claimed,
Mr. 151uinc said that, viewing the case as be did from the s'andpoiut taken in ids reply
[128]
• See No. 272.
3 F 2
404
to the protest of Her Majesty's GoverDinent against the seizure of the vessels in
Suestion, ho could never admit that his Government were justly liable to pay any
amages at all. But he was willing to examine and assess the damages with me on the
same principle as if the liability of nis Government were admitted, and then to refer the
ques^tion of liability to some eminent jurisconsult for decision, on written statements ap^
answers submitted by the two Governments respectively.
I objected that the whole Behring's Sea controversy would be raised in such an
arbitration, which it appeared to me would of necessity involve grave (jucstions of
international law more fitting for solution by an areopagus of the Great Powers.
Mr. Blaine dissented from this view, urging that, as his Government had asserted no
claim to the Beliring's Sea as a mare clausuin, no established principles of international law
would be in dispute.
The Arbitrntor would only have to find wiicther, under the circumstances, the United
8taies' Government ought to i)ay damages for the seizures. If he found in the
affirmative, the damages previously assessed would l)e paid.
I observed that, apart from other objections, it seemed to me premature to talic of
arbitration ; and I reminded him that at our first interview (reported in my despatch
No. IflO of the 1st November, 18S9) he expresssed the opinion that, if an arrangement
in regard to a close time should lie arrived at, his Government would n wish that
private individuals who had acted Imnd fide in the belief that they were exeicising their
lawful rights, should be tlie victims of a grave dispute between two great countries wiiich
had happily iiecn adjusted. I iiujuired why he was no longer disposed to adopt this
friendly ami equitable mode of treating the riuestion.
Mr. Blaine replied that he «as not aware, at that time, of the magnitude of
the claims. He now learned for the first time that they were actually computed at
nearly 50U,()0() dollars. Alakiiig nil allowances for exaggerated demands, the claim was
still too laige to lie dealt with in any other way than by an appropriation vote of
Congress, :ind his Govorninent were not prepared to propo.se a vote of such an amount
unless the liability of the United States' Govenunent had been previously established hy
the award of an arb'*rator.
If Her Majesty's Government were disposed to agree to an arbitration such as he
had indicated he was quite willing to resume at once here the tripartite negotiation for a
close time commenced in London, and concurrently to proceed with the necessary steps
for the settlement of the ([uestion of damages.
[ renlied that at present my instructions were that Her Majesty's Government would
come to no agreement for a close time unless they obtained satisfaction in the matter of
damages, and that 1 thought they would ouly accept arbitration on the question of
amount. But 1 promised Mr. Blaine to communicate his proposals to your Lordship
without delay, and I have accordingly done so by telegram.
1 have, &c.
(Signed) JULIAN PAUNCEFOTB.
No. 281.
Sir J. Paiincpfnlo to tlir i\/rtn/uts of Salishuri/. — ( 'leceived by teleyrnph, February 8.)
(l':xtract.) JVnshington, February 8, 1S90.
AV'rril reference to my telegram of yesterday's date, I have the honour to inquire
whether your Lordshin would see any objection to the tripartite negotiation for a
close time for seals in Beliring's Sea, and the assessment of damages for the seizures
oi' Canadian vessels, being connnenced at once, leaving the (luestion of arbitration in
suspense until the results of both proceedings are known.
No. 282.
Foreign Office to Colonial Office.
Bir, Foreign Office, February 10, 1890.
WITH reference to my letter of the !{rd instant, I am directed by the Marquis of
fcsalisbury to transu'.it herewith, to be laid before Secretary Lord Knutsford, a copy of a
i in such an
405
telegram from Sir J. Pauncefotc,* stating that he has communicated the amount of
the Behring's Sea claims to Mr. Blaine, who proposes to assess them provisionally, and
then to refer the question of the liability of the United States' Government to
arbitration.
I am to state that Lord Salisbury proposes, with Lord Knutsford's concurrence, to
authorize Sir J. Pauncefotc to commence at once the tripartite negotiations and the
assessment of damages, leaving the question of arbitration in suspense until the results
of both proceedings arc known.
I am, &c.
(Signed) P. CUERIB.
No. 283.
The Marquis of Salisbury to Sir J. Pauncefotc.
Sir, ^ Foreign Office, February 10, 1890.
i HAVE received your telegram of the 8th instant, stating that you have
eommunii'ftted to Mr. Blaine the amount claimed on account of the seizures of Canadian
vessels, and that his Excellency states that such a sum could only he paid on the award of
an arl)itration, followed l)y a vote of Congress. You add that he is willing to assess the
claims provisionally, leaving the (juestion of the liability of the United States' Govern-
ment to be eventually decided by arbitration.
1 liiivc to acquaint you that Her Majesty's Government arc willing to proceed in
accordance with Mr. Blaine's suggestion, and that you arc authorized at once to com-
mence negotiations for a tripartite Agreement respecting the establishment of a close
season, and the assessment of damagcti sustained on account of the seizure of the vessels.
I am, &c.
(Signed) SALISBURY.
No. 284.
Colonial Office to Foreign Office. — [Received February 1 1.)
(Kxtract.) Downing Street, February 11, 18D0.
W ITU reference to previous coiTespondence, I am directed by Lord Knutsford to
transmit to you, to be laid belore the Marquis of Salisbury, a copy of a despatch from the
Ciovcnior-Gencral of Canada, I'orwurdiiig a Minute of the Dominion Privy Council on the
su'njcct of the Notice published by the United States' Government calling for tenders for the
lease of tiic Alaskan seal fisheries.
Altbough, as suggested by the Canadian Government, the granting of such a lease as
that referred to would be calculated to eoniplicatc the conteniplutcd negotiations, Lord
Knntslord is disposed to think that the issue ot the Notice need not be held to preclude the
cuinnu'neenient of those negotiations, and his Lordship desires me to sujigest that a copy
of this despatch should be sent to Her Majesty's Minister at Washington, with instructions
In eoniniunicate it to the Uidted States' Government, if he sees no objection.
Iticlosure 1 in No. 284.
Lord Stanley of Preston to Lord Knutsford.
^ly Lord, Government House, Ottawa, .lanuary 20, 1800.
Wl ril reference to tiie proposals made by Mr. Bayard for a close season for seals in
Behring's Sea, which was dealt with by my Government in the Grdcrs in Council, copie.s
ol whicii were forwarded in my des|)atelies of the .3rd August, 18S8, and of the
Hill November, 1889, 1 have the honour to forward herewith, for your Lordship's
infnrniatioii, a copy of an a|)i)roved Minute of the Privy Council, cnd)oilying a Report
"I the Minister of Marine and Fisheries, in regard to an ulvertisenient recently issued
hy tlie Secretary of the Treasury for the Luited States, calling for tenders for the
Inclusive privilege of taking seals on the Islands of St. I'uul and St. George of the
I'iihjiov group in the Behring's Sea for a tcrni of twenty years from the 1st May, ISUO.
• See No. 2H0.
f
Your Lordship will observe that my Government is appreheiisive tiiat ii lease such a»
that contemplated in the advertisement, under whicii the monopoly which has existed for
the past twenty years would he continued reirardless of any close season, may interfere
with the proposed negotiations for a close season.
I have, &c.
(Signed) STANLEY f)F PRKSTON.
Inclosurc "2 in No. 284.
Reporl nf it Coinuiittee nt the Honourable llie Pritij Council, approved by lii.i Escellency the
Governnr-CiPifra/ ill Council on the \'Mh Jamiarij, |j?l)0.
ON a Report dated the 4th .lanuary, lfi!)0, from the Minister of Marine and fisheries,
submitting in connection witii the Minutes ot Council of the Nth July, 188S, and 4th
November, 188!), approved by his Kxccllency the Govcrnor-Cieneral, upon the subject of the
protection of fur-seals in the Helning's Sea, tiie appended advertisetnent recently issued by
the Secretary of the Treasmy for the United States of America, calling for tenders to be
received up to the ii.'ird January instant foi the exclusive privilege of taking fur-seals on
the Islands of St. Paid and St. (Jeorge, of the I'rihylov group, in llie Hehring's Sea,
commonly known as the Seal l-lands, for a term of twenty years Irom the 1st .May, IS90.
The Minister observes, in rel'erencc to the Honourable Mr. Bayard's proposal for
international uttion in the e-tiiblishmeiit of a close season for seals in the Behring'> .'^ea,
extending from the l.'ith .'\|iril to the 1st Noventber, that the present advertisement would
indicate on the part of the U.iited States' authorities the intention to continue that
monopoly of the seal industry which has existed for the past twenty years, regardless of
any close season applicable to the breeding grounds or rookeries of the seals.
The Minister notices that the oidy important difference between the terms of the
proposed lease and those in the lease held by the Alaska Commercial Company, expiring
in May 1800, is the limitation in the number of seals to lie annually killed, wliitli is
stated to be (iO.dOO, instead of lOO.OOO, lor the first year, the number to be fixed by the
Treasury l)ej)artn!ent for succeeding years.
The .Minister desires to point out that the months oi)en to the lessees of the breeding;
grounds for killing operations, during the next twenty years, are June, July, Se])teinber,
and October, or four of the months in the middle of the close season proposed by the
Honourable Mr. Bayard on behalf of the United States' aiithorilies.
It has already been contended by your lixcellency's advisers that the dates then
proposed by the Honourable Mr. Bayard were fixed to practically exclude from fishing
operations all vessels likely to frequent thcst waters for that purpose.
The Minister observes that in support of the Honourable Mr. Bavard's proposal, il
was contended that the British and other sealers were in the habit of killing ami wounding
the cow-seals with their young, and that therefore the necessity for the close season
proposed by him was all the greater in tlie interest of the fishery ; but upon this it may lie
said that the British vessels seized or expelled from the Behring's Sea, almost willioiit
exception, entered that sea, in the month of .luly, or during the height of the killiii,;
season of the Alaska Commercial Company, and as the female suals (according to the
United States' authorities) repair to the rookeries in June and July, where iliey soon
after bring forth their young, the opportunity (or sealing-vessels to kill females witli pup
in the open waters of the Behring's Sea must be very rare.
The Minister is of opinion that the attention of Her Majesty's (Jovcrmncnt should Le
called to this state of facts, and that they be informed that your I'vxcellency's advisers are
under the apjuehension that tlit; said lease may interfere with the projiosed negotiations
for a close season for Behring's Sea.
The Conmtittee concurring, advise that your I'lxcellency be moved to forward ii tony
of this Minute to the Right HonouiMble the Secretary of State for the Colonies, for the
information of Her Majesty's Uovermnent.
All which is respectfully submitted for your Excellency's approval.
(Signed) Joii.v J. .Mt Gki;,
Clerk, Privy Council-
Appendix.
[See Inclosure in No. 268.]
Escellencij the
407
No 280.
Sir .1. Paitncefote to lite Mariyuis of ^(ilisliurj/. — (lieceired h\j tdeijrnph, Fehriiiirt/ II.)
My Lord, Washinijlon, Fehruunj 11, 1R90.
I COMMUNICATKD the substance of your Lordship's telegram to Mr. Blaine late
yesterday eveninjr, and he consented to your Lordship's proposal to comnience the
tripartite nogotiation and the assessment of damages at once.
Ho said, at the same time, that he would comraunieale witii the Russian Minister
here on the suhject and inform me of the result, witii a view to common action by
your Lordship and himself in inviting Russia to participate in tlii.- negotiations.
I have, &c.
(Signed) .TIJLIAN PAUiNCEFOTE.
No. 287.
],OTd Knutsford to Lord Stanley of Preston. — (Receirrd al Forelyn Office, Fehruarij 12.)
(Telcgrnpliic.) Downinij Street, February ]2, 1890.
INSTRUCTIONS sent to Minister at Washington to commence negotiations for
estahiisliment of a close season, and provisionally for .issessment of claims for damage;
lie will also he directed to communicate with you as to fixing time for Representative of
Dominion Government to assist you at Washington.
No. 288.
The ^far<Juis nf Sniiximry to Sir J. I'nunrefote.
Sir, Foreiijn Office, February 12, 189C
WITH reference to my despatch of the 28th ultimo, I liave to request t: at
you will bear in mind that all proposals from the United States' Government for the
settlement of the Behring's Sea (juestion should be received by you ad referendum.
I am, &c.
(Signed) SALISBUEY.
losed negotiutions
No. 289.
The Marquis of Salisbury to Sir J. Pauncefote.-^{Substi,nce telegraphed.)
Sir, Foreign Office, February 13, 1890.
I TRANSMIT to you herewith copy of a telegram from the Grovernor-General of
Canada relative to the Behring's Sea negotiations ;* and I have to request you to commum-
catc with the Governor-General of Canada with a view to settling the date on which the
Representative of the Dominion, who will assist you in the negotiation.s, should arrive in
Washington.
I am, &c.
(Signed) SALISBURY.
• No. 287.
406
No. 290.
Sir J. Pauncefole to the Marquis of Salisbury. — {Received by telegraph, February 1 4.)
JHy Lord, H'ashinuton, February 13, 1890.
MR. BLAINE informed me to-day tliat M. de Struve, the Russian Xlinister iicre,
has telegraphed to his Oovernmcnt to inquire whetlier they consent to bis taking part
in the negotiations on the subject of a clo.4c time for soals in Bchring's Sea.
He hopes that your Lordship will, on your side, invite the Hnssian Government to
participate in the proposed negotiations.
I have, &c. -
(Signed) JULIAN PAUNCEFOTK.
No. 291.
Sir ■/. Pauncefote to the Marquis of Salisbury. — {Received by telegraph, February 14.)
My Lord, Washington, February 13, 1890.
WITH reference to your Lordship's telegram of to-day, I have the honour to
inform your Lordship that I have written to the Governor-General of Canada and have
requested him to be prepared to send a Canadian Agent to Washington, in order to
assist me in the forthcoming negotiations on the subject of a dose time for seals in
Behring's Sea.
I will not fail to telegraph to him as soou as I learn that the Russian Government
have consented to participate in the negotiations.
I have, &c.
(Signed) JULIAN PAUNCEFOTK.
No. 292.
The Marquis of Salisbury to Sir .1. Pauncefote.
Sir, Foreign Office, February 14, 1890.
'A ITH reference to your despatch of the 9th ultimo, I transmit lierewitli, tor
your information, a copy of a letter from the Colonial Office,* covering a copy of a
despatch from the Governor-General of Canada, forwarding a Minute of the Dominion
Privy Council on the subject of the Notice published by the United States' Government
calling for lenders for the lease of the Alaska seal fisheries.
I am, &c.
(Signed) SALI8HURY.
No. 293.
TIte Marquis of Salisbury to Sir R. Moriir. — [Substaiire lidrgruphed.)
Sir
f>ir, Foreign Office, Feliruury 14, 1890.
[ ILVVI'] to inform your Excellency that llor jMajesty's Government have agreed
«itli tli.'it of the United States timt it is desirable to resume the negotiations, which
oeasod in 1888, between Great Britain, Hussin, and the United States for the cstaljlish-
mcnl of a close time for seals in the Behring's Sea.
1 should be glad if your Excellency would invite tlii' l{ussian Government to jjive
instrnc'tions to tlieir Kejjresentativc at Washington to take part in negotiations tor tlio
))uri)ose.
I am, &c.
(Signed) SALISBURY.
No. -JSi.
ovemment to
W9
iNo. 291.
Sir li. Miiiii'r In llir }[iii(/i(i.\' of SitH.sliiin/.'* — 'Rvreifod In/ li'lfi/raph, F/'hriiun/ 2^.)
My l/,nl, St. Pvlershimjh, Frhnuiri/ 23, 18!»0.
ON rccfipt of your Lorilslii|rs tc'li'y;rain nt' llu' 1 Uli instiiiil, iiistnictinf^ me
iiKluiic ol tlic IJussiiiii (Jovciiiipicni wliclliir llioy wimld ('oiiscnt to llicir Minister at
\Viisliiiii:tiiii lni<iii>f jmrl in (lie ju'^^otialions respectinij a eloso time lor seal-lisliiiifj,
Hliicii IliT MaJcHly's (Jovernmciit and the United States' Oovernmcnt are anxious to
ii-iiiMc. I III once a(idre>sed a not(! to M. de (Jiers in lliis sense.
1 liiive now (lie liononr to transmit to yotir Lordsliip a copy of tiie reply wlilcli I
that tlie Itiissian Minister at Washington lias
part in the negotiations as desired by your
liiivo received from M. de (Jiers, slatini
liocii iiisdiu'led liy telegiiipli to take
I.DnUiiip.
I have, &c.
(Signed) It. B. D. MORIER.
n Government
lueloHurc in No. 294.
M. (If (tiers to Sir li. Moricr.
M, rAuihassadeur, Siiinl-Pc'lvrshouKj, h !) (21) I'Vrrler, 1890.
.I'AI re(;ii la note (|ue votre I'^xeellenee ii iiien voulu m'adrcsser en date du
1) (1 5) Cdunint aii siijet de la reprise des negoeiatiens, interronipties en 1S3S, relative-
mont a la fixation do la periode diinint huiuelie la cliasse aux otaries serait diifendue.
Le Cabinet Iniptrial elaiit viveinent desireux de nieltrc unc lin aux discussions
It aux iiialentendus, aux(|uels I'ab^enee de tout r('''gl(;ment u ce sujet est de nature
;i (lomier lieu, le ^linistre de Kussie a \V'a.shingtoii vient d'etre autorisd- par teh'graplie k
inciiilie part aux negociations eu (luestion.
ICii me I'aisant un devoir d'iiiformer votre Excellence ile ee (jui preetidc, jc
saisis, kc.
(Signc) GIERS.
(Translation.)
M. rAmbassadeur, St. Pvtetshurgh, Fvhrunnj 9 (21), 1890.
I HAVE received the note which your Excellency was good enough to address to
nu' (lU the ;3rd (IJtli) instant, on the subject of the resumption of the negotiations,
lirokcii oil' in 18S8, relative to the fixtiiie of a period chiring which the hunting of
t'iir->oal-. should lie prohibited.
Tile Imperial Cahiiut earnestly desire to ])ut an end to the discussions and mis-
iir.iicrsliiiuliiigs to which the absence of any regulation on the subject is ealeulat' ' to
V'ivc rise, and the Minister of Russia at Washington has accordingly been authon/cil !iy
tcle;;rapii lo take |iart in the negotiations in (|uestioii.
Wliile inaking it my duty to eonimunicate the above to your Excellency, I avail, Sec.
(Signed) CJIEKS.
No. 296.
Colonial OJfice to Foreiyn Office. — {Received February 22.)
Sir, Downing Street, February 22, 1800.
WITH reference to the letter from this Department of the (Uh instant, I am
Jirc'tcd by I^ord Knutstord to tran.init to you, to he laid before the Manpiis of
*^:ili^liiiry, a copy of a despatch from tlie Govcruor-Oeneral of Canada, forwarding the
cliiim for conipeiisaticm in the case of the British schooner ".Minnie," which was seized
I'v tile United States' Revenue erui/.er " Kichard Hush " in Behring's Sea last year.
This claim completes the list of claims on account of these seizures.
I am, &c.
(Signed) JOFfN BRAMSTON.
[128]
Substance scut to Sir J. P.iuncefotc by tclegrapb, February 22.
3 G
410
liu-losun; I ill No. 296.
IjiiiiI Sliiiilfi/ III Vivsliiii tit Laril KnulsfnriL
My l^oni, (III mil III nil llniisf, (Hliiini, i'lluuanj li, lSi)(.
WITIi rofiTciu'i' t(i llie Depiity (ioviriiDi's (li's|iiitcli of llie ^'Uli Si'iitfinlicr last
roliitivc lo tlio soiziiro in HnliriiiK's Son of (ho Uritisli seliooiior " Minnie" \\y tlio I'nitiil
Sliites' Kevi'iiiii' ciitliT " Hicimid Hush," 1 \\ti\v Iho lionoiir to tran.-niit to your l.drdslnp
a copy of all iiiiprovi'il IJi'iiort of a ('(iiimiilU'e of tiic I'rivy Council, sulimillinf; formal
.Mtiiti'iiU'iitK and claiiii iif tliu cHiior, Mr. \ ictor .lacolisoii, nf \'ictoiia, Uritish (.'oliiniljia,
aiimimlini; 1(1 ihc Slim of l(J,l()(l ilojhil's.
1 liavi'. iScc.
(Wgncd) STANLHV OF IMIKSTON,
liR'lo.siirc -2 ill No. L':i.').
Ri'imrl iif (I ('i)iinnilli'i' of the llimoiiriiblr the Piivij Hoiinvil, iip/irovi'd by his K.irellvnnj ll,'
'•orpninr-GenernI in Cminril iin thr 31.ii/ .hiniiary, 1890.
ON a Kc'port dateil the itlth .laiuiary, 18!}0, from the Minister of Mariiii' and
l''islieries, siihinitfing, witli ref'cveiice to ihe M'iziirc in tlie Bclirinji's Sen of the Hrilish
•scliooiUM- '•Minnie" (llie cireuinstaiices attciuliiij;- which were iletaiied in a MiiiuU' nf
Council daU'd the 1 Ith Septcinher, ISS'.li, formal slateiiicnis and claims hy • (nvmr,
Mr. \'ictor .Incohsoii, of Victoria, ISrilisli ('oliiinliia, lo coiiiiiensiitioii lor lot tciI k
reason of the seizure of the .said vessel, and tlie forcihle removal (her 'i tho
United S(a(es' lievenue cutter " Richard Hush " of ILM) seal-skins, and guns, , .uis, &c,,
lis well as for the value of the catch for (he hnlaiice of (he season had the vessel not
been interfered with in (he legitiniale pursuit of her calling, which claim aggit'galf:
H;,-1(JII dollars:
'i'lie Committee, on the recoiiimeiidatioii of the Minister of .Marine and Fisheric-,
advise tliat your Ivxcellc'icy he moved tu forward copies hereof to the Right HonoiiraWt
the Secretary of State for the Colonies, for transmission to the Government of (lie I-nitoJ
States.
All wiiicli is respectfully submitted.
(Signed) JOHN J. McUEE,
Clerk, Privy Council.
Inclosure 3 in No. 21)5.
Declnriitioii nf Victor Jucobson.
VAty of Victoria, Province of British Columbia,
Dominion of f'aiiadn.
r, VICTOR .lACOBSON, of the city of Victoria, in (he Province oi Mi^h
Cohiinbia, Dominion of Canada, nia.ster mariner, do .solemnly and sincely decliu'i; ■!«
follow.s ; —
1. That I am the owner and master of the British ves.sel " Minnie," 60 toii.s bunion,
registered at the port of Victoria aforesaid.
•2. That ill the lirsl part of the month of May last 1 cleared the said '• .Miimii'"
at (he port of N'ictnria for a siiiliuM and hunting voyai;-e in the North Pacific Oecnii nn"
I'eliriiig's Sea, and sailed inimediately .ifterwards.
3. I had a cre« of live white men and sixteen Indians, with two boats for white
liuntcr.s, eight canoes for Indian liiiiitevs, and completely iirovisioiied and eiiuippcd tifi
full season's luiiiting and sealing in northern waters.
4. On the I'Ttli day of .June last 1 entered the Behving's Sea, throiigh Oimi"*
Pass, having then on board about lid seal-.sliins caught on the way up from N'icturiii.
"i. I iniiiiedialely ..'iigaged in hunting, and sealing and continued lo ilo si> un'^l
(lie |."i(li .(uly last, a: which date 1 had on board t2ti sealskins in all.
(i. On that il.iy, tlie l.itb .Inly lust. ab(mt I o'clock in the afternoon, I sijrliteil:'
steamer bcariiig down upon us, which proved to be the Inited States" Revenue stcaintj
" Richard Hush.'' When within hailing distance, an ollicer on the said " Ku.sli " i"i"'-'''
out (o me to lieave-to, and I did so , a boat was sent olf from the '' Rush '' with t»i'
officers and ten or twelve men. The officer and five or six men came on hoiiril tl"'
" Minnie." The olficer in eomniand asked me for my paper.s, which I handed to lii™
411
•' I'KKSTON,
I in K.vctllencii tht
" 60 tons bunion.
III' llnii ii>luil iiic wlifii I ciileioil llif Mil, ami how niiinv .skins I liiitl. I lolil liiiii, tiii>I
III' Willi liiick to (III! '■ IJiisli." Ill ii sIhiiI, lime In- roliiiiifil and loM jiu; he would take
:ill ilii' .skins, si'izi' ui,v Mi.ssrj.and simhI Iht lo Silk:i in ■.•iiai-;;e <d'ii man IVoni llic " lUisli."
ll.llifM iirdcii'd his iiicii (() o|,cn the ii.ilcli.s .mil takr all tlio scal-skins, li-'d in nuinhcr,
nil liiiiii'd llir " Hush," which wasdinic. lie al.so tmik two ^uiis and all Ihc Indian spoar.s.
Ill' llie'u wi'iit hack lo Ihc •• Itiish," l)ul soon icIuriKid to my vessel with i; man, and said
Id me that llii-i man wonid lake charge of liio vessel, except navi^^atiiig her, and take
her to Sitka.
7. At the lime of the sei/.uie (he '■ Minnie" was ahout (>5 iniics north-we.st hy west
Irdiu Oiiiiiinak I'ass, and ahout ihe same dislance from Ouniniak Island, the nearest land.
s. An hour or so alter the " liiish ' weni away the man left in <'har;;e showed me
liis»rillcn inslruclions from Captain Shepard, of the " Kichard Rush ;" as nearly as 1 can
aMminlier the direelions he was to deliver the" Minnie" to the United Slates' authorities
;il Silka, iind ]place her cajptain, myself, and mate under arresl. I at once made uji my
iiiiiiil lo stay where I wa-; and caleh what seals I could. Ne.xt morninj; I nnide new
-|ii;M- lor th(! Indians and sent them out sealinii-. I remained in the sea up to the Ifith
AuniM followiu};. ami in that tini'j eau^rht (SO seals and ei^lit sea otters. 5 did not see
;iii)'lhini,' of the " |{usli " after the 1 "illi .(nly.
It. In Ihe .season of 1.'^.'^,'^ I was in command id' the schooner " Mountain Chief," with
It'll Inilian hunters only. The said "Mountain Chief" was in Hchrinf^'s Sea less than
tivonty days, and in seventeen days' actual scalini; the ten .idiiin hunters caiiizlit
V-u seal-skius. On Ihe said schooner ".Minnie," in IS.SD, I lind sixleen Indian
liiiiitors and two white hunters, and hnt for the interference (d' the United States'
llivciiiie cutter "Richard Hush,' as aforesaid, the " .Minnie " would have remained in
Iii'liriii;.;'s Sea until ahout the lOth Septenihor, or a period of over two months.
10. 1 verily hclieve that il' the " .Minnie" had not heen hoarded, and the f;uns and
-[lears taken as aforesaid, that the total catch of seal-skins by the hunters on hoard her
fill t! 10 season in Hehrinir's Sea would not have been less than 2,.5(iO.
1 1. The value at Victoria aforesaid of seal-skins on or aljout the close of the sealing
Miisoii for LS.SO, and for some time 'loth lieloie and after such close, was !^ didlars
per .skin.
1 cliiim damages from the (iovernment of the United States of America for the
-liziire of thi' said " Minnie'' as afore-aiil, and for the taking; and detention of the said
liiisoal-skiiis, and for ],.V.I| seal-skins, the hahuiee ol' an estimated catch of J, 5(10, by
111' " .Minnie " in 15elirini;'s Sea lor Ihe season of l.'-iS;., also lor Ihe uuiis, sjiears, and salt
liiki'ii us afoicsiiid, and for lenal and oilier e\])enses incidental to anil arisin;;- out of such
•riziire, and the preiiaration and submission of tliis cluim tiiendor, and interest thereon
ai 7 Jior cent, per iinnum iintil ))ai<l, a statement in detail of which claim is hereunto
iiniiPxod.
.Villi I, \iclor .lacobson, make this solemn deehiralion, conscientiously believing the
sinu' 111 he Inie, and liy virtue of Ihe .Act respecting e.\ti'a-juiliciul oaths.
(Signed) VICTOR .JACOBSON.
Declared by the .said Victor .lacobson, at the city of Victoria, the 4lh day of
•liiiiiiary, 1. «!)().
l{efore me,
(Signed) .ViiTii fu Ii. Bia-VKA,
-■1 Xdhiii/ Public, hji Riiijdl iiulhinilij, in find for llic PrmiiiO'
nt lirili-ih Cohiniliiii.
Statement of Claim. — Scliooner "Minnie."
FordamagcH for seizure, &c., in Bebring's Sea, .Tiily 15, IS^O, by United Slates' Revcuue
cutter " Kichard Hush."
i'M i.enl nkiMs tiikru IVum " .Minnie" liy " Uidiaril Itusli."
I,.')',ll bahuicf 111 I'.-liinati'il (.■utuii of -.'.JOII iu liciiriTig's Sim in 18811 liy
" Miniili," al'UT iliiluclinj; -181) biouglit lo Vieliiriii by " Minnie."
Doijai...
■l,in 1 al K il.jllais piM- skin . .
1 ji M ."j.'i iluil;n>, 1 i;li!i at ID iliillar:-
11) Initiaii ;,lKai>, al II ilnllar.'^
■2 saeks ...alt, at 1 ilnl. ill c.
Li'ijal ami iillior rxpiMisos
128J
Total cluini . . . . . . . .
Ami inlereet un saiil aniount at 7 (lur ctnt. per auiium until paiil.
ID, 1 1-2
ll,j
.IU
;i
li.MI
16,460
3 O -'
^9
This is tlic Sliitoiiiciit refcnvil to in the annexed declaration of Victor .liicobsoii
mode before me tlie Jth day of Janunry, 189(1.
(Si -nod) AirriHIH. L, IJKLYEA,
Ndlarii ['iililir.
Xo. iiOH.
Sir J. Pitunci'fotc to the Maniuis of Salishurtj. — (Rcrrirril lii/ U'lciji-djili, h'cl/niarii 23.)
Jly Lord,
IVd.s/iiiKjton, Fclinmnj 22, 18(10.
AVITH reference to your Lord.sliip's telonrain of to-day, 1 have the hoTiour (o
report that I have teleuiMphed to Lord Stanley to in(|uire \vhei\ I may expect tlic
arrival in W'ashinj^lon of (he Canadian A^ent who is to assist me in the comin;'
negotiations.
Mr. lilainc, ^T. do Stiuvo, the Kussian Minister, and I, iiehl a preliminary and
informal incelinj:; this morniiiu:, at whicii the ipiestion of tiie area of the jjossihle arriuiirc-
ment was disriHsed,
Mr. Blaine and ^f. de Striive then ])roposed the follow inp; area: " From a jioiiit (in
the j">Oth ])arallel north latitude due south from the southernmost point of the I'einnsula
of Kamtcliatka ; thence due east on the said 5l)ili parallel to the point of \\w intersection
witii the moth meridian of loni;ittule west from (ireenwich; thence noilh and east hy ii
straisht line to tiie point of intersection of the iKith parallel of north latitude witli Ik'
140tli meridian (d' loncritnde west from (Jreenwicli."
The oOth parallel, a.s your Lordship is aware, wa^ the snulhernniost limit proposoj
by Mr. Bayard, and it need oidy he extended on the west to the Kamteliatka I'eninsiilii,
as M. de Struve states that there is no seal (ishery in the Sea of Ochotsk.
I objected, however, to the limit on the east beinir extended beyond the IfiOtb
meridian of longitude, whif-h was the limit ])roposed by Mr. Mayard, and is quito
sullielent for the necessities of the ease.
r should he much obli^red if your Lordship would inform me uhuther you approve of
the area now sugsf stcd by Mr, ISlaine and .M. de Struve, provided it be limited on tlicw^t
by the lOOlh meridian.
I have, &c.
(Signed)
.lULFAX PAUNCKFOTH.
No. 2!)V.
Forciijn OJ/ico to Colonial O/firc.
Sir, Fnrriijii Of/irr, Fehninni 21, ISflO,
WITH refi'rence to the letter from this fXlice uf the 22iid instant, [ am dircctcil Iff
the Miinpiis of Sahshnry to transmit to yon the acconi]ianyiii^' copy of a telegram
from lier Majesty's .Minister at \\';isliiiij;ton,* ;;ivini; (he result ol' an informal conversation
with the Secretary of Stati and the Russian .Minister on the sidiject of an area witliin
which the jiroposed avra'.u'ement relating to the r.ehriiig's S(!a seal tisheries niiglitl)i'
npplicd.
I am to n quest that, in laying this telegram befoie the Secretary of State for
the Colonies, yoii will move his Lordship to favour Lord Salisbury, at liis eiirlic:^!
convenience, with his o)iinion as t'> the answer whicli sh.)uld he retin'ned to it.
I am, kc.
(Signed) T. U. SANDERSON,
No. 298.
Colonial O/ficf lo Fordijii Oflico. — [Rcciivvd Fclinatnj '28.)
Sir, Ihtiniiii:/ Slirct, Fi'linianj 27, \^'fi^-
I AM directed liy Lord K nutsl'onl to ncKiiouledge tlu' receijtt of your letter ol IIh'
24th iii'-tant, inclr.sing a (elei;iain from Her Majesty's Minister at Washington, in "'n''
lie re[iorls tiie result of a pieliniinavy ami informal Conference on the subject of the ai'i'S
• No. L'9(i.
413
cUjt Jacobsoii,
nitliiii wliieh tlic proposod close sciisoii t'or fur-seals in Tk-linii<;'M 8i'ii "-liould lie I'oiifiiicd,
:iml n'(|ii(.'slii);i instructions as to tlic distuTicc to tiie eastward at wliicli the line limiting
Mi'li iirca should he drawn.
1 am fo ohserve, in rci)ly, that in order to avoid unnecessary interference with British
siihjccts. it is desirahlc that the area no less than the period of the close season should be
coiilincd within the strictest limits ahsolutely essential for tiie ])reservation of the seals
frnni externiiiiatioii ; and the line proposed by Sir .1. I'anncefote appears to Lord Kniit.s-
lord to include more of the open sea tlian is necessary, hearin;^' in mind that the object
()l the neijotiations is solely tlie suilicient presorviition of the seals, and n<it the mainten-
:;iict' in its integrity of the ino!ioi)ly claiuied on bclialf of the leasees of the I'ribyloff
Islands.
It iip])ears to his Lordship that this object mii;ht be attained sull'.cieiitly by fixin"; an
alia riinnd these i-^lands within which sealint;' should le prohibited durinr; the period
wlicii llic female sisals are on these islands, or in their near neii^hbourhood, and
iiImi possibly ill the immediate vicinity of thepnssi's of the Aleutian Islands.
'I'lie matter is one, however, on which the Secretary of Stale for the Colonies eoidd
iiiil undertake to express any delinite o|)i!iion without that information which the
Uiivermiieiit of Canada is alone able to sui)[)ly ; and his ijordship would suj^i,'est, in oriler
III save time, that Sir .1. I'auncefote should be desired to colder with Air. Tupper,
the Diiiidnion .Mini'-tcr of .Marine and I'isheries, who, it is understood is now at
\\;isliiii^lou, before conimittiu;;' iler Majesty's (Jovcrnment to any line of demureatioii
wliicli the (lovernment of Canada may liereal'ier object to as undesirable.
1 am, &c,
(Signed) JOHM BKAMSTON.
.U.NCEFOTi;.
•mn/ il, ISOIl,
No. 29!).
The .\fiii<iui>' nf Bttlishury to Sir .), Paiincffolc, — ( Siihi^liiiirr tilegraphed.)
Sir. Fcrclijn Office, Fehrunry 28, 1890.
I ll.WI'] had under my consideration, in communication, with the Secretary of
Stale for the Colonies, your telegram of the 2."'>rd instant, re]iortiug the result of
11 iiri'liiniiiaiy discussion with Mr. Ulaine and the Russian .Minister at Washington
n'-|KM'iir.u' tlie area within which it is proposed to prohibit seal lisliing in Behring'.s Sea
ilurinn' a lixed period of each year.
Before coming to any decision with regard to the area now proposed. Lord Knuts-
i'diil wdiildbe glad to know wliul >iew of it is taken by the (ioverimient of Canada.
I have accordingly to reijuest you, in order to save time, to consult the Canadian
Minister of .M-.rine, who is now at Washington, on the subject, and to inform mc of his
i)|iiiiiim bv teieirraph.
! nm, &e.
(Signr.sj S.\LISBUBY.
UNDERSON,
•)
niiini
JT, \x'
HI.
vour 1
•ttci-i.
till'
hiiigton, in "Iih-
ubjeet
id' the
iirci
No. 800.
Sir ■/. Pirinc(fo(c to the Mtuqitis of Salinhurij. — {lierfini! Murch 5.)
Mv Lor.l, \Vashiiiiji<in, Frhniiinj 11, 1800.
U I I II relerence to my despatidi of the 7th instant. I bavi' the honmir to report
lliiil I had a further interview this day with the Secretary ot Stale, at his rei|iic-.ij mi the
-iilijcct 111' the proposed arbiivation, and provisional assessment of damages.
Mr. I5laine said that it n ight be convenient if he were to put in writini;, int'oriiially,
lii-. \\vwi as to the (|ueslion to be arbitrated, and the jirocedure to be t'ollowed in regard
t'l tlic iissessmenl of ilaniages.
I le accordingly, in my p"es(,'nce, drew iij) a Mi'iuoranduin, ol uliicli be atter»ards
liiniilcd me a copy, it is in the following terms: —
"'i'lii' liisl (jucslioii to be arbitr.iteil is whether, utiiler the riri'um--tances exi.sting at
111!' liiue, the (Jovernnieiit of the I'niled Slates was ju-tilicd in arresting and detaining
llic \cs,t.ls (hat eiileied the Behrinn's Sea for the purpose of kill!''"' fur-seals in the
iipi'ii sea.
" 111 the event of tin? arbitrator (inding that the Uoveitiment of the United Stales
":is jiistilicd in arresting und deluining the vessels before described, the ease would
lit' rmisliod.
414
"III till' event lliiil tlie (ioveniiiu'iit iil' llie Uiiiled States was found not to be
justified, tlie second (juestioii would l)e tlie asceitiuiiiiienl of tiie aiiioiint ol (lainag\'s due
to tlie tTOveinnieiil of (Jit'at iiiitaiii. 11 liial auiouiil could not lie aiiiicablv deteiiniiicil
by the Uritisli Minister in \\'asliini;toii and the .\iiieiicaii ScLTctiin of StiiU', it \niiili| I,,'
left to the deterniiiialioii ol the arliitraloi , uho .siiould liud llie anioiint accoidiuy i,i
certain principles previously agreed to hy hoili Parties."
I have, &c.
CSi-ncd) .H'LIAN I'AUNCEl'OTE.
No. tiOl. -
iSi'r J. Puuncffoti' in the M(ir(jui.s nf SnHshunj.—{Ri'i:rlvi'il yinrrh •>■)
My Lord, Wnsluwjlnn, Fvlirunni 20, 1S!)((.
I IIAVI'j tli<! iKiiioiir to inclose an cxtraet fioiii the "New York Herald" nf
yosteitlay stating: that tiie iiussian '^iovenimeiit has eoiifiriiied the rein'wal of tin; lease
ol' the Russian seal islands in |{chiiii'.i's Sea tn the .\laska Coiniiiercial Coiiniany.
I am, &e.
(Si-ned) .TUIiiAN PAUNCEFOTE.
Tnclo.sure in No. IJOl.
Eriniclfioia llic "New York Herald" of Frhrtmnj 11), !>",)().
■TiiK Fuk-Si;ai, ^roN'oi'oiiV. — UissjA itioNcws Till-: Ai,.\sK.\ CoMrvNv's Lkask of
FsLANDs IN UeiIRINg's Ska.
[«v Tolc!,'raidi to tlie "Herald."]
.S'fl;i luiincluro, Veliruiinj 18, 18!)l).
A I'll [\' ATE dcspat<'li received here (o-day anrounei's that the Imperial iJussi.'iii
Government has eonfirnK^l thi' renewal of the leasr of the Itiissiau se;il islands ia
Helirinj,''s Sea to the Alaska Coiiiinercial (,'oin|)any of this city. 'I'liis action is
unih'rstood to he hased upon a persuasion that the (io\ criiiuent of tlu^ United States
will take a similar cMurso with regard to its own seal islands, and (hat the control of
the seal-fur industi'v niav thus ho vested in a single manauement.
Incokpouatiok 01' .VN Alaska CoMJiiiJtciAi/ Companv i.n Ni;\v Vouk.
Alhnmj, Ni-ir York, 'Mr<'.:inj 18, IRflO.
The New York Comnu'reial Com|)rtny of Alaska (Linrted), foriiied with a eajiifal
of 1,0()(,',()(I0 dollars, for earryiiii^ on miniiii,', lishiiij;, ')uildi:iLf, and eomniercial
enterprises s^enerally in the Territory of Alaska, lileil a eertiti;-,ile of ineorjxiration with
the Se'jveinry of State to-day. The incorporators of the Coinpatiy are William H. rojn',
Tliad(h'us J). Bradford, William T. Davis, and John H. l)ii)i,'e, of New York; and
IFenry S. Tibhey, of l'nL,'a Island, Alaska.
No. m-l.
The Mnrijuis of iSnlinburij In Sir ./. Pouncrfolr.
Sir, Fnri-irji, Offirr, Mnnli 8, jS'JO.
I ll.WJO received your despatch of the 7i.h ultimo, reporting a conversiitinn
which yon had held with Mr. Mlaiiie on the siihjecl of damages for the seizure <it
Cnnadiiui vessels hy the United States' IJeveiiue eiitiors in I'ehriiig's >'ca.
Your langiiiige on the occnsion is approved.
I am, &:c.
(Signed) SALISIJURY.
415
No. aos.
('oto)dal O/firc In Fnrriyn Office. — {Rmcived Mnrcli 1:').)
Sir. Downlmj Street, Marrli 11, ISOO.
I AM tlircclod l)v Noid Knulst'ortl to ii('kn()wk'iljj,i' tlio ruccipt. of copies of
(li'spiilrlK's from llcr Miiifsly's .Minister nt Wasliiiigton rL'siiectinj;' oonumiiiicutions
wliicli liave piissi'il witli the I'liitcd Stiitos' Seciotary of Stiite as to the (.•omi)ensatioii
I'.irllir .sci/.iirc of IJritisli vessels in l^elirin^'s Sea.*
I am to ohservt' that tlie terms on wiiieli \h. Ulaine would i)ropose to submit
till' i|uestion of eonipensalion to arliitralion, as stated in liis Memorandum, taken
l(ii;t'lhcr with liis further slatemeni tliaf no esl,al)lislied principles of international law
Hniilil he hrought into dispute. aj)pear (o indicate that he would ahandon, liefore the
iirliitralor, not only the mare chiiisuni doctrine, hiit also the chiim of an exchisive ri<;ht of
f^licry in Bclirinfi's Sea, and would rely on the contention that the United States
are cliar:;ed with the du(y of re[)ressiiii^- acts (huie in that sea, ccmlra boiios mores, to the
injury of a fishery open to all nations. Lord Knutsford cannot douht that an impartial
arliitrator, whether all the three issues or oidy one of them he placed hefore him, would
cniiflnn the opinion that the owners are entitled to compensation for the ill-treatment to
wliioli they have heen subjected.
liord Knutsford, however, desires me lo ob.serve that the (|Ue.-)tion whell.er recimrse
~hoiil<l be had to arbitration on this subject, and the precise issues to he submitted to an
iiiliiliator, are matters on which it is important to ascertain the views of the Oovcrnment
III Caiiiida.
I am, &e.
(Signed) JOHN BRA.MSTON.
No. 304, ''
The .\fiir(jiii.i 'if Hidishani to Hir J. Pattncejole. — {Substance telegraphed.)
Sir, . i Fnreifjn OJice, M rcli 15, 1S90.
II Ml' Majesty's Government have had under their considcratioii your despatches
"f (he Till and llfh ultimo, reporting the sub.stance of conversations you had had with
.Mr. Dlaine on the <|uestion of the claims for damages on account of seizures of
I'ritisli vessels by American cruizers in Behring's Sea, and on his proposal to refer the
i|iiosti()ii of the liability of the United States' Government lo the decision of some
I'liiiiicut jurisconsult,
1 transmit, for your information and guidance, a copy of a letter from the Colonial
tillice, containing Lord Kniifsford's observations on your Reports above referred to.t
I am, &c.
(Signed) SALISBURY.
No, ;305.
Sir ,T. Piiuncefole la I lie ,V»nyi(/.v <it Siilisliiiri,.- -{lieceired ^hr<•h 17.)
My l'"nl,
\\ iisliiiiijlDii, Man-li 1, l?'.tO.
liiiru, n iisnniijlun, Miirrii i, \r:i\'.
I ILWIC the honour lo report that the Honourable Charles H, 'I'tipper, the
I'liiiiiiiiiin Minister of Marine and fisheries, arrived here (Ui the 2.")tli ultimo, and on the
-Till »as presented by me to l!:e Secretary of State, He was ibis day iiresented by
Ml- lllaine to tiie President,
'hi the occasion ot oiU' visit to the Secretary of Stale we bad some infornuil
"iiueisation with him as to the procedure to he followed in (he tripartite negotiation.
Mr. lilaine apiiarently considere 1 liiat we should ciimmence at once to discuss the
limits of the proposeil close season as regards its area and duration,
I [lointed out, however, that L tleemed it essential, in ihe fiisl place, to examine the
^'Mik'iu'e 011 which the United Slates' lioverninent base llieir conlenlion as to necessity
'I'r a dose sca.son.
•Mr, IMainc objected that .such an in(piiry woidd cause a delay of .several months, and
• Nn». 28U and HOO. t No. 3(".
416
tliat it was minecessary, as the i-ase for a close season liad lieeii t'staljlislied hy tjic
evidence of mimcrous United States' ollicials and experts, and that the result of tlieii
researches and practical experience during the last twenty years imd already been
puhlished to tlie world.
I re|)]icil that their evidence had hecn contested, and that, in my opinion, it was of
the highest importance that a conclusion on the point slioidd, if possible, he arrived at in
the course of the present negotiation, lor the satisfaction not only of my (Joveriniu'iit,
hut of all the other Governments wlio, if an arrangement should be ccmcluded, will be
invited to accede to it.
I urged that no delay would 1)0 occasioned, as I could not see any reason why wo
should not proceed provisionally and concurrently witli the ntbci- ((ueslidus involveil. '^iicli
as the area and duration of the close season, the consideration of which would hu
materially assisted by the inquiry I proposed.
After some further discuHsion, in which IMr. Tapper took part, .Mr. Blaiiic agreed to
furnish extracts from the evidence already published by his Government, on which tlicy
relied as establishing the case for a close season, and it was arranged that the first
meeting of the negotiators should take place at the State Department on Monday, the
3rd instant, at 11 o'clock.
1 have, &c.
(Signed) JULIAN PAUJs'CEFOTE.
No. 306.
Sir J. Paunccfote to the Marquis of Sulisbunj. — {liccciucd March 17.)
My Lord, WnshinijUin, March 1, lf"J().
"WITH reference to my despatch of the 2(5th December, 1 have the honour to
inclose an extract from the " Wiisliington Post," in which it is slai'd that tlu> Nortli
American Commercial Company of Now York and San l'"ran('i^('o have been granted a
lease for taking fur seals upon the Islands of St. Paul and St. George, Alaska, fo. a
period of twenty years from the 1st May next.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. ,H00.
Extract from the " IVa.shington Post " of March 1, 1890.
Alaska risiii;[ai:s Li:ask. — Secretary Windoni has directed a lease to be minlc
with the North Ameri<'an Conunerrial Company of New York and San Francisco.
J. Liebcs, President, for the exclusi\e privdege of taking fur seals njion the Islands of
St. Paul and St. George, .Alaska, for a period of twenty years from the 1st May ue.\t.
The following are the names of the Directors of the Nortli American ('(innnercial
Company: Lloyd Trevis, Henry Cowell, .Mathias Meyer, and Isaac Liebcs, all of
San Francisco, and Albert Miller, of Oakland, ' alifornia. .Mr. David O. .Mills, of Neiv
York, is a Director of the Company. Its capital stock is 2,0(10,000 dollars.
The annual revenue* to the (iovernment under this lease on the basis of lOO.OOOsunl-
per annum will be about 1,000,000 dollars, as against about I'.OO.OOO dollars under the
present lease to the Alai ka Commercial Company.
No. .'JOT.
Sir J. Puunc.efoia lo Ihr Miiniuis nf Sali-lmrii. — {lieceired March 17.)
My Lord, Waxhinijtoa, M,nih 7, l^^'JO.
I IIAVli the honour to acKno«ledge the receipt of your Lordship's desimtdi
of the I'Jth ultimo, in which you rei|Uest me to bear in mind that all proposals frniii
the United States' (Iovernment for tlie settlement of the itehring's Sea should lio
received by me ad rifoieiiduiiu and I beg to state that I shall strictly adhere to your
Lordship's instructions.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
417
No. 308.
Sir ■!■ I'ditiicefote to llii' Marquis of ,Salisiiurii, — {Rcceiied hij tcl''(jnipli, Marcii 18.)
lExtract.) IViishivijlon, Mnirh 18, 1890.
AVITn reference to iny deapatcli of tlie 1st instant, T liave tlic lionour to report
that llie Bchring's Sea negotiations liav(! come to a deaillock, owin::' to a. conflict of
evidence in regard to the necessity for a close season for tlie fur-seal fishery.
Mr. Blaine and M. de Struve both agree th.it tiie preservation of the fur-seal species
is the sole object in view; but they insist, at the same time, tiiat it will necessitate the
total exclusion of sealing vessels from Bchring's Sea during the close season.
Mr Tujjper, on the other hand, maintains that no close season is necessary at all ;
hilt 1 Ijclieve the Canadian fJovernment are ready to give way to some extent on this
point.
.Mr. liiainc sa\s that the arguments on his proposal are exhausted, and has called
upon me lo put forward a counter-proposal.
1 have lu'cordingly prepared a draft Convention, which, I venture to state, offers the
imly prospect of a possilde arrnngi'meiit.
Sir. Tiipper left for Ottawa last night, faking witli him a copy of it, which he will
submit for fiie considL'ration of the Canadian (Jovernmcnt.
1 will not fail to telenraiili the reply of the Canadian Government to my proposal,
and sliaJl then await further iiistnictions from your Lordship.
In tlie meanwhile, negotiations are suspended.
No. .309.
The .\fiii(iiii.i rij Sallsbunj to flir J. Pauncefote,
r^ir. Foreign Office, March 19, 1890
lll^li Majesty's (Jovtriiinent approve your proceedings in connection witli the
negotiations for the establishment of a close season in the Jiehring's Sea seal fishing, as
nportcd ill your de.^pateh of the 1st instant.
I um, &c,
(Signed) SALISBURY.
No. .'HO.
Ciiiinildl Office tu Forriijn O/fJcf. — (lieccircd March 20.)
^ir. Downimj Street, March 19, ]f<9U.
WITH reference fo ])revious eoviespoiidence, I am directed by Lord Knutsford to
transmit to you, fur the infoinmtioii of the Mar(|iiis of Salisliury, a coi)y of a tie-patch
t'nmi tlic (ii.veriMM-Cieneral of Camilla, iorwarding a Schedule of the claims for com-
pensation for damages lesultiiin' from the seizure of liritish vessels in i?ebring's Sea.
1 am, &c.
(Signed) JOHN BHAMS'l'O.W '
[iuio-.iin' 1 ill No, :)lll.
Lord Slaiiliji of I'ristnii to Lmii Kiiai.tfurd.
^'y bind, (iiivi'nimrnl ffoase, Ottinra, Frhnmn/ ■■<, 1S!)0.
1 ll.AI> the honour to mmiiI In your ijonlsbip to-day the tcdiowiiig lelegrapbic
niessigc ill code : —
"<Miu additional claiiii lor ('o;ii]ieii--alioM ■Minnie' Id.tCid dollars. Summary of
elaiiiis liy post. Have sent copy, lor bis inl'ormaiion, to MiiiisUr at Wasliinjrton."
1 have now the honour to transmit a copy of a I'rivy Council Order on which mv
telej;iiiiii was based. A copy of thi^ .Minute has been forwarded to ller Majestv's
■Miiiibler nt Wasliington. for bis information.
I have, i<c.
(Signed) STANLKV OF PI?K.STON
L'-'fJ
3 11
418
Inclosure 2 in No. :U0.
Rojidil of (I ('iiiiiiiiiU'-i' of liir ilniwiirnlili' llir I'riri/ Council, npiiroird Ini liis li.rrvlh>i)i',i lh>
(lorfnior-dciici'dl in (.ouncil ini titp -Ud Ffi-niiinj, li^llO.
TIIH ('oniiiiillcc of the Piivv ('ouncil Imvo Imil Ijeforc tlieni tlie i-itl)lui;rani from the
Ki;;ht llonoiiiiiiilc ilic Sccivliivy oi' State \'or the (''olonies, dutcd tlio -'irtili .laniiary, 181)0,
of wi)i('li tlu' sulp.stanco is as lollow- ; —
"Arc tliorc any i'lntluT t'hiiiiis fui- ciiiiiieiisation for Jk'tiring's Sea seizures, mid
can you state tlieir aiiioinil !-'"
Tlie Minister of Mnriiie and Kisiieries, lo whom the (•iil)le;;rani was referred, ohserves
tiiat my despatcli of the litii .lanuary inclosed a eopy of an (.)rdor in Council of tiiu
2Sth Deceiniier, lSi*ll. in icfi-renee to the coniin'nsation claimed by the owners of the
"Kate," and thai a claim on lieiiaif of the owners of the •'Minide" has, since the date
of the despaleli alhiiled to, been formally ni::tle and forwarded to tlic IJight llonourablf
the Secretary of Slate ior the Colonies.
The Ministi'r fmlhcr, in order Ihat no claim relniiut;- lo ilu> seizures in Hehring's
Sea may e-caiir the atieiition oi' lli'r M!i)('-.ly's (.ioveniment. lecomniends ilial the
appended reply to 'he above message be forwarded liy your i'^xci'lleiicy to the l{i;;lil
FJonoiirable the Secrctnry oi' Slate for the Colonies, for the information of Her Majesty's
Governinent.
The Coinmiitee advise that your j-^xcellency be moved (o cable the reply as herewith
submitted.
(Sijrned) .lOHN J. Mi GEE, Ckrk,
Privv Counril.
Prnpns
THE
forwarded
IHSO.
1 S80.
1>*80.
188fi.
1887.
1887.
1887.
1887.
1887.
1887.
188it.
1889.
1889.
1889.
1889.
1889.
1889.
1889.
Apiiendix.
"(I Rfjil-.i i'lam his Kirrllriici/ tin- (iovcrnor-Ui'nfrul lo llu- Ri'/hl i ionanrahl'' lite
Si'cri'Inni of Slo/i' for l!ir Culonir.-,.
follouintj claims hnve readied my ( io\enimeiii. and have been ciul}
" Corol'iia," lii.7:i'.) dolhu's : and personal ciainis. .-»,(i(ii) dollars.
"Onwanl." :'i'.).l,<l doilai's : [lersonal clai'..'.-, Ci.."!)!! dollars.
" 'i'horntou." •(:>,. '>7ii ilollars : personal claims. (i,500 dollars.
•• I'avorite," 7,000 dollars.
".Anna l?eei<," 4:'>,7til dollars; peraonal i:laims, ;5.tJiK> dollars.
"Sayward." ■1-2,481 dolla?'s; personal chiims, :'),n()(i d.diars.
'• Oolphin," 59.!loO dollars ; personal claims, :'i,(J:!.-) dollars.
"Grace,"' .")7.!Hi I dollars; personal claims, -2,(100 (hdlars.
"Ada," ol..'>IS dollars; personal elaiuis, -J.OOo dollars.
"Alfred Adams," 20,4;W dollars.
•' Mlack Diamond." 17,18-"i dollars.
" Pathtindcr,^' 2(!,7('>o dcdlars.
".luanita," 14,095 dollars.
" Lily," 17,1(17 dollar.s.
"Triumph," 19,()7 t dollars.
" Ariel," i),49S dollars.
"Kate." 11,210 dollars.
"Minnie," l(;,40() dollars.
Sir,
No. 311.
Fondijn Office to Colonial Office
Forpi'jn Offln; March 20, 1*00.
WITH reference to my letter of the l.jth instant. I am directed by the Mar(|uisnt
Salisbury to transmit herewith, for the informaliiui of Secridary Lord Ivnutsfoid. :i
copy of a tele^fiain from Sir .1. Panncefote,* report inj;' on the ]iresent state of tin'
negotiations on the liclirinn's Sea ([uestion.
I am at the same time (o say that, before takiu';' any further action in reijard to till-
tele;^raui, Lord Sali-hury jiioposes to wail for information from Sir .1. I'auucefote as to
whether the Camidian ( ;ii\ei';i!nen' are di--iio~ed to take a favourable view of tbc
• .\.i. ■MS.
(Icm;
he Ik
on tl
1(1 pr
shoiil
I'i'i'l"
close
rwilh
rookt
dl'ect
nililil
llcliri
the re
oil a 1
which
to llll
S:m 1"
Mew 1
the (i|
-fill li^
1
oviilcii
liiriiisl
'1'
prcpai'
i;
himUl
410
CniivL'ntion wliich lie liiis drafted for tlie protection of the fur seals resortiii!»: to Belirinf?'s
Sea.
I nni. &c.
(Signed) P. ('URKIE.
No. .",12.
sir J I'll II urn foil' In Ihr Miiriiiils (if SiiUxImrij. — {Rccrlrril liij li I'linipli, March 26.)
.M.v r,-nl. Wiishinijlnii, Marrh 20, 1890.
I 11. WH the lioiKiiir (<) report tliiit somi; oi' to-dnv's in'w^papers annonnce the
))ulili('iitii)ii (if the I'riicliunaliou rclatin>r to (lie seal lislierv in 15(hritin's Sea, wliieli the
President ol liie United Slates is hound I y law to issue "'at a timely season in eaeh
year. '
Mr. I'lainc tnld me a few days ago that il was readv for pui)lieation.
I have.'^e.
(8ir,ned) .(I'LIAN PAUNCEFOTE.
V as herewith
No. SIS.
Sir J. Pinnicffnic In the Miirquis of SiillsbHT]i.—{Rfivinre(l Miircli 81.)
My Lord. MV.v/i/«r//oH. March 21, lR9b.
IN eonfinnation of my des])ateli of the 1st instant velatinir to the l^ehring's Sea
lislierics, 1 have the honotn' to report that the first formal meetinn' of the Conference
lii'tneen flic St-erelary of State, M. de Strnve (the I'lis^ian Minister), and myself took
phiec on the :'ird instant, and that Mr. 'I'lipiier, the Canadian .Miiuster of Marine and
Fisluries, was ])resent on tiii' oeension.
A lonj,^ diseussiiin tonk place; < n the stdiject of e (dose season. Mr. IJlaine and
M. lie Siriive contended that not only was a close season iiidi-^peiKahle for the preservft.
ticin of tlie fur-seal s|iecie>. '»nt that no close season would he eti'eetual for securinjj the
iihjeci in view unless during- the jieriod of it- durati(ni nil sealing vessels of whatever
nationality were ahsohitely e\eliided from the Beliriiig's Sea.
Till' Russian Minister stated that sitic^ the date of imv preliminary meeting of the
-L'nd idtinio (reported by me to yonr ];i,rdship <m the same day), at which a line bf
lieinarr.'iiion tor a elo^e season had heen infornnilly jiroposed hy .Mr. lilaine and himself,
be had received instructions ir;im his Government to press that the line should commence
on file west from a ])oiiit at the southern e.Ktreniity of the Islaiul of Snghalieii, in order
ti) protect the ro(du.r3' or hreeding pliice on IJohin Reef in the Sea of ()(di()tsk.
'hi the other hand. Mr. Ulaine .seemed disposed to agree that on the east the lino
slunild terminate at the JtiOtli meridian of longitudt- west from tirccnwich, as originally
|iroiio-ed by the United States' (iovcrnment.
Mr. Tiipper, who was then invited to express his views, strongly contended that a
dose season was not necessary for the preservatioti (d' the fnr-scal species. All that was
really reipiired for that nnrpuse was to use greater vigilance for the protection of the
r(ii)kerii'> against the destruction of seals (Hi shore hy marauding parties. 'I'his would he
effect iially carried out hy the United States' (}o\ernnient hy the employment of
nililliiiiiia! erui/ers, without necessitating the exclusion of all sealing vessels from the
l'H'liriiiL;'s .<ea for any period.
A great deal of argument en.^iied on the evidence of particular witnesses and
file reports of oHicials and ex])erls. in the course of which Mr, Hlaine laid great stress
on a passage in the Report of Mr. Mowatt. Inspector id' Fisheries for Rritish Columhia,
which is citcil in .Mr. Kayard's despatch U> .Mr. I'helps of the Tlh February, IS,«s, it is
til the oll'eet that the enormous catch of fur seal in ISehring's Si'a by schooners from
S;iii I'nii.eisco and Victoria consisted principally of " cows" or female seals, and that, in
the increa-^e of vessels litiing out every year, there was reason to apprehend, in
le iiiiinion of the writer, that unless some measure of protection were adopted, the fur-
■tal li-hery would soon he depleted.
li "as agreed to adjourn the meeting until we had examined a Memorandum of the
evidence relied on by the United States' tJovernment whic h Mr. lilaine had promised to
fuinisb. as reporteii in my despatch of the 1st instant.
This Memorandum was delivered the same day. and Mr. Tupper immediately
prepared a e(nniter-.Meinoranduiii in suiiporl of his views.
r>nlh iloennienls are in course of printing, and copies will he transmitted to your
hordsliip ns early as praeticahlc.
Ll:!8J ■ 3 II 2
MI'W
ih
42n
'riioy unfortunately present so great a diverfjence of opinion on all the facts relating'
to llic fur-seal lislicry in the Melirin^'s Sea, lliat Mr. lUaine decided to invite M. de
Struve and myself to an interview on the iL'lli instant, at wliieli he stated that liie
perusal ot Mr. 'I'npjjer's .Meniorandum had convinced him of the hopelessness of arriving
at a solution that would be satisfactory to Canada. He said he liiid eNliausted all ilie
arguments in favour of the proposal made hy the United Slates' Government two years
aifO, anil he called on me to make a countcr-pro])osal on hehalf of Her Majesty's
Government.
I replied thai 1 was reluctant to make a counter-proposal without previous rcfcrenee
to your Lordship, hut that [ did not take so desponding a view of tlie situation as liu
appeared to do.
It had hecn admitted and agreed that the sole object of the proposed arrangcnient
was the preservation of the fur-seal species, and not the gain or henelit of any particular
Government or body of persons. I tlid not believe that Canada, in view of tlic conHictof
evidence, would objei't to a reasonable close season, at all events by way of experiment,
and with a view to the further eluciilation of the question.
The difficulty was to fix the limits of a close season both as to its area and its
duration. ^Ir. iSayard in his despatch to Mr. White of the 1st May, 1888, had distinctly
stated that only such a period is desired " as may he requisite for the end in view." This
equally apjjlied to the question of area.
It would be strange therefore if no machinery could be devised to surmount the
difficulty.
1 then stated that I had prepared a scheme which provided such machinery, and
that 1 had actually put it in the form of a draft Convention which I proposed to refer to
your Lordship, and, if approved, to lay before the Conference as the counter-proposal of
Her Majesty's (lovernment.
I then explained the l neral provisions of the scheme.
The draft Convention lays down in the Krst place that there shall be a close season,
but that in view of the contlict of evidence yvhich has arisen as to what should be its
area and duration, a Commission of experts shall be a|)pointed to rejiort on the matter,
and that if on the examination of their I'ejjort the three Covernments should still be
unable to settle the conditions of a close season, the ])oints in difference shall be referred
to the arbitration of an impartial Government, whose award shall finally determine the
close season for the purjioses of the Convention.
'J'lie draft also provides for the immediate adojjfion and enforcement of a ])rovisional
close time as to yvhich the High Contracting Parties would probably be disposed to be
more yielding by reason of its temporary and ex[)erimental character, and in view of the
prospect of an ultimate and impartial decision on the (piestions in dispute.
The other Articles of the draft i)rovide for the enforcement o( the close season, the
trial of oti'enders, the dniation of the Convention, and the accession thereto of oilier
Poyvers.
.Mr. iilaine and .M. de Struve declined to look at the draft or to express any opinion
on the scheme until it ■should be formally jjlaced before them, but they listened toils
details yvith evident interest, and I observed no indicalion of serious dissent or unfavour-
able criticism on their par'.
I am not yvithout hope therefore that il its geroral fiatin should meet with your
Lordshii)'s approval, it may form a basis of arrannement. anil present an issue out of the
difficulties of the situation.
Mr, '''upper, who concurs generally in the draft, has returned to Ottawa to consult
his Government thereon, and the next :neeting of the Conference is adjourned pcndin.!.'
the receipt of your Lordship's further instructions.
I have, &c.
(Signed) JITLL\N PAUNCEFOTE.
No. 314.
Sir ./. Paiiiifi'/nte lo the Martjiii.s nf tialishiirii. — {Rcrrlr/'d Miirrli 31.)
My Lord, U'dshliii/lnii, .\r,inh 21, ISiW.
I H.WI"] the honour to inclose a cuttiny; from the New Vork '• 'i'nbunc " ot the
19th instant, containing an article on the Alaska Sea lisheries, headed "liighls in
Behring's Sea.''
T have been unable to discover that any American jurist has ever ventured to assert
that the United States can claim any s))ecial jurisdiction over Behring's Sea, or n:n
421
cxcliisivt' li^lit 111' lislu-ry therein, nr lo supiiort llit^ (extraordinary argument tiiat tiio
(•,incs|ii)n(l<':irc lict M'Oi) tlic Unssiim iinil [■iiiloti States' Governments in l.'^i'ii had no
ivfcivr.i'i' til Meluinir's Sea,
On liie otlier li,ind, tlie I'lillacy ot llie views jmt r'.jr\varil in liic " New York Tribnne "
liiis liieii diMiioiislrated, as your lioidsliiji is aware, !iv l\u) eminent Anieriean writers,
i'nile-nr linyiier, in liis letters to tlie '• New York ICveiiiii,;; I'osI " of tiie L'7lli .Uino
,iiul li^lli Oetolicr, 18S!l, and Professor Ani^el. in liis artiele in the "Forum'' of
Nmcmlier |S89.
I have, &e.
(Signed) JULIAN I'Ai MCKl'OTE.
No. 316.
The Mdiiinis (if Siili.vhiiril lo Sii' ./. I'liuncrjotr.
'I'olcuriiphie.) l<'nrei(jii Office. Aprils, IS'M).
Tllli principh' of t lie draft Convention lias my lull apjjroval.
surmount the
No. a Hi.
Coloiiinl Office In iuirdijn Office. — {lleceivvil Ajiril '.).)
Sir. nnrniiiii/ Sireel, Jjiril fl, 1>«no,
IN n']iiy to vonr h'ttir of the 2l)lh ultimo, forwarding copy of a telegram from
llti .M.ijoly's .Minister at Washington, on the ))resent state of the negotiat'uns on
ilii' lii'liring s Sea (|uestion. I am directed hy l.oril Kniitsford to .'i'-Mpiaint you, for llii-
iiit'iiriiialion of thi; .Mnrcpiis of Salisbury, that he concurs in his Ijorilshi[)'s pro|)osal t>
awail information as to the vicnvs of the Canadian Government on the suhject of tl;e
Convention which Sir .1. I'auneefote has sugaested before taking any action in the
matter.
1 am, iSic.
(Signed) \i. U MF.AIM:.
No. 317.
Sir ./. Ptnincefote lo the Marquis of Saliiburi/. — {Received April lO.)
Mv l...rd. IVas/iinifloii, March 31, 1890.
I ll.'W'l'; the honour to inclose herewith a newspaper extract relative to the
liptciitinii of the British seaiing-vessel " Patlifiniler " at Portland, Oregon.
She was seized last year in liehring's Sea, and ordered to Sitka in charge of one
seaman. She escaped to Victoria, and has been engagt'd in sealing till compelled to go
into I'urtliind liar for rejiairs, wheie she was detained till released hy in>tructions from
tlu' l^'icretiiiy of the Treasury dated the i'i)th instant, on the urouml that the Federal
loiirts of .\laska have cxcUisivo jurisdiction over all violations of thi' Seal iMshery Laws.
1 have, &e.
(Sigred) JULIAiX PAUNCEFOTE.
Inelosure in No. 317.
Extract from the " Netr Yorle Tribune," of Mar'-h .'SO, 1M)I).
Pnilliiiii/. Oreijdi.. Miiyeh 2i). 1P90,
Till", Mritisli sealing schooner •* Pathlin(h'i-.'' Capinin Aiiliur .Morgan, of Victoria,
w> iiiwed iiiio port last night hy the I'liited States" Uevenne cutter "('orwin." 'I'he
'f^' ii'T was found at, Neagli Hiiv. Washington, with rudder disabled, and taken into
oiMoiiy hv the cutter. The " Patlitinder" is not seized, but detained pending instructions
Ironulie Department at Washington. The schooner is one of the sealiug-vessels seized
last voai- in IJehrings Sea by the cutter "Hiehard Uush, ' and ordered to Sitka, Alasica. in
i'liar;;o of one seinuin as a ])rizema:-ter. She ese.ipeil to Victoria, and has since been
eiijnnod in sealing oil' the .Americiin and British coMsts till yesterday, when compelled to
"iMiilo ibo l,jiy fur repairs. Captain Hooper, of the "('orwin.'' holds the \essel ;iei' hng
ihtMlecision of the Department relative to wln'ther the vessel is amenable lo the Law
ft'garding seaiiug in jiehring's Sea, for which she was sei/;ed.
422
Tlic '• Pnthfindi'r" sailed from Victoria two months ago; she secnrotl 150 seals oft
tlio const (if ViiiKioiivcr Mild Wn -li'r.^'m:.
I'articuliii-s of tlm dclciitioii Imvi' lieoii sent to the Secretary of the Treasury at
WaMliini^ton, also to the Di'iiailnu'ni at Ottawa, ( anada.
\V,isliii>ijl',n, Miurli i.'!), l.sOO.
Till' loIiMwinii' teU'i^rani was sent liy Assistant ^'ccrulary Ticlieiior this iillcriioon to
the Collectoi- of Ciisliiiiis Ml I'oi'l Townsend, \\'iisliin.i;t<in : —
" In tlic year 11^^*7 tlie Departnient. in a case ijuile similar, hnt in .some respccU
stronger lor tlie ' ■ovornmeH;, doeiiied tiiiiL tiie vessel could nut be lieKi. In view of ihai
precedent, witlioiit now revie'vinu' llie ])rinci)des iipiii'. ^>llich it [)voceodeil, I direct llif
release of the ' I'athfimler." '
The ))reccdent referred to in ilu; above teiejiram was tl e case ot the sclionner
"Ellen.' 'I'lial vessel was >ei/.ed in lielirinij's Sea in iN'^7. liy Caiitain Siiepanl, of ihc
llevenue Marine Service, for \ iolaiion of the ."^eal i-'ishery Laws, and was ordered to Sitka,
Alaskn, for trial. Instead, however, her captain took !ior to Siin l^'ranciseo, Sla' was
there seized liy tlie ('nsliins ollicer-, hut was suliseiinenlly released liy threetioii (if
Secretary I'^iiridiild. on tlie n'roiind liiat the i-'cdeviil olhcers at S-iii Traiieiseo Imil iiu
Jurisdiction over oticnccs committed in the District of .Vlaska. Under tiiis riiliiij; tU'
Federal (Joiirts (d'.Miiska will liave cxihisivo jurisdiction over all violations of iliu Seiil
Fishery ]ja\vs.
Xo.;ns.
Coloiiiiil Ofrir- I , I'nrehin O^iTCc, — {liccfirrd April IH.)
ir. Dniniliii/ Sln-rl, Ajnil 1 f, 1S!)(I.
1 .\.M directed hy Lord Kmn>ford to lran>niii to you, for the ini'orniat'on of tlie
.^lor(|niii of Sfili'-iinry, copies of leleyiapliic correspondence wiili the Liovernor-Cjciiera! il
Caniiil.i rcspectiiii;- the |irop seil Cimvenlion lor the ( slahlislmient ol' a close time for
seals in Heiirin^'s Sr;'.
I am, S;c.
(Sinned) JOHN UKA.MSTO.N.
fnclosurc 1 in No. -'MS.
l.i'ril Kiiiitxfnril to Lord S'iiiiIpii of Prrst.ini.
Ihinuiuj !<:ir<'cl, April 11, 1"<9'.'.
Iter. :is 1 hope, your (iovernmenf hits affrced to ^liinster at
Washington's )iro[io~ed llidirin^'s Sea Convention.
iTei
etijipliie.)
•li:L!"!;1j.\IMi wliethcr.
Tnchrsure 2 in Xo. :^1i^.
hnni Stdiihii of Prpston to Lord Knulsford.
(Teleurapliic.) (Ilfcrirfd April 12, IfdO.)
AUNlS'i'ER OF MAklXf: has ivlurncd to Wa-hiiviiton with our alternative propcsal.
we tile ([iiite re.idy to acquiesce in general ])rinciple oi' jirotecting seal life, hut are
most anxious that in jiiiry hy e.\)ieits may jirecede ])ermanent Treaty, as wc helicve tho
facts to he incorrect on which United Slates' pioposuls art^ based. We suj,'se'^'' '""''''
rircndi for not more tlrni two yenr.s, dtir'ni;- which e.\])erts should determine the larl^
on which iiermiment Treaty can \n) lia-ed.
Cannot answer your (piesiion til! we hear, which we expect to do soon, In'm
Wtt'-hiniitoii. No dispiisiiion here to r;ii~e umieeessary ditiicnlties, but if we <;et no
better terms thiin those jivnpii^ed liy I'liited States, seal lishery will he serimusly atil'cteii.
Xo. ;J1'.).
C'jlonidl O/firr lo Forrign OJ/icc. — (lieveivcd Ajiril 19.)
DowniiKj Hlreei, April 19, 1890.
AM directed hy Ijord K'mifsford to transmit to \(m, for the information of the
Martpiis of Salisbnry, a copy ot a telegram from tlie Uovernor-Ucnerai of ()9,w^
Bin
4SS
ronortinj; (lial his (iovdriunent uci;u|it wiUi some iiioililicatioiiK Sir -I. I'luinui'l'oU;'.-* Mecpiiil
(Iratl I Diivi'ihioii I'oi" (i>tiii)li^liiiiL; ;i ciiisi; sf.isoii I'oi' I'lir mmIs in Bi'liriii:;''s Sea.
I,oril Kmitsroiil will Ik- ^liid In iiiivi; a CDpy of tlic m'i:()|ii1 linil't, witli tliu inoiiificft-
lioih >iiLrK^''>l'-''' ''y ''"' l*<>ii»ii'i<>|t Uomnnncnt. il it iiii'* hc'cii li'l(';^rii[)liL'(l liy Sir J.
I'liiiiiei't'ole.
] am, \'c.
(SiK.icU) JOHN miAMSTON.
Inclosurc in No. ">V.),
Lord Sidiilrii III PrcsUiti In I, (nil Knutufonl.
Tclo,i;rii].liic.) ' Alirll IS, 1800.
Tilk I'liiiii.' .Minister (old iiu; iliis al'U'riioiiii lliat hi:> Ciibiiu't will accfpt Sir J.
I'uuiici'li>U''s si'coiul (iriil't Hill] sonic iiiodiiicalion.-.. wliicii, in niv (((linioii, do not injure it.
I have tele^iapiicd to loll liini so. 1 \u>\)<: ^riive dillieuliy is now ovtT so tar as t'uuadu
.s concerned.
I'.ltA.MJ^TIt.N.
No. .'{-'(1.
Sir ./. Pauncefotr In the MtirquiK of SiillKintri/. — [Hfroinit April 'I\.}
.Extract.) WuMmjlon, April 11, ISHO.
I llA\'l''i till' Inniotir to reporl ;liiit the ilonoiiraidc jVIr. TupiJor, the Dominion
iliiii^iei' ot .Marine and Fi-iierit;s. callcil on me vi stcirday on his return I'roni Ottawa.
lie inlornied nie th.it the Canauian GovernnienV "dijeoted to my jiroposed draft of a
Ciniviiitiim lor the settlement of the Ijeln'inir's Sea (jues(i(jn in so far a< it admitted the
iRiessity of a elo-e season, and )irovided, aitiioujfh provisionally, for the exelusion of
>ia!cr-i within a eertain radius round the hreedin;; island.-.
I iiiuleisland that the principal ohjection of the Canadian Governmenl lo the radius
daii.sf is thai il wcndd pra<lically have tlie eiieet of an adndssion thai it was necessarv
tor ilie pieservation oi iIk' iur->eal speries : and they maintain the po-iiion thnt no
ililerfcrenee with pehiijic scaliui:' is neeessary for tiie jmriiosc in view.
1 am aii\ioii> that the |iro])()saI of llir .Majesty's (ioverinnent iliinild lie praelical
.iiul lilieial. and sueii as will eminnend itself t'i the sense of justice anil impart iaiity of all
"liar iiiili'/u-. On llic other liand, 1 need iuirdly say how an.\ious I aii; lo j;ive the
ulnuist ell'tei (() tin' views and wishes of the dominion Ooverninent in this neyotiiiiion.
I Imve iheri'fore pre])ared a new draft t'linvention, of wiiieli 1 inclose copy, and in which
1 have I'olloued. as clo.'^ely as is consistent with the view.s ai)ove expressed, the lines
indiealed hy tlio Canadian (lovenimcnt.
I am sendiui;- a copy of the iiiw drall ihi- day lo Lord Stanley, toj;cther with a I'opy
"I'tiii^ ile-patcii.
Ill the meanwhile. I slunilii he ;.;ralefiii if voni' Lord-hi|) would inform me by lelegnvui
ivlicthcr win eoiiciu' in tlir views 1 have i Apr>>sed and approve of the new draft which
I have impared. ov whether you desire that 1 should ado[it the tirst draft as anieiuled
liy tile Dominion Government, as the counter-)iroin>-al "f ILer .Majesty's Qoverninelil.
i For draft Convention as proposed to United States' ( Jovernmeut, si
in No. -.i-HK]
Inclo'
No. .•!'_'!.
Sii ,/, I'oiiiii-ffnlr In iin' Miiniii/s ()'' Siiliyhiin;. -i R'l-irrd April 'Jii.'
^h' l'"id._ fVdshiiiglon, April 15, 1S(U).
WU'li reference i" ni.v de>palel. oi' !i. 'Jl.d uiimo. 1 h.ive the honour ti)
iiiclose lieicwitli copies of tiie corietpoiideiiee relaiinu lo the fur-seal tisheries in
htliriui;'.-. .Sua, which 1 iiuve Just received from Air. Itlaine, and which consists of the
t21
evidenci- furnislicd by experts and ollii-cr^ of the Unitt'd .StateN, iiiid the counter-evidence
furniNlii'il in reply ilierel" l>y Mr. 'riiinur. on (in- (|ue»tion of the extermination of the
fur-seal species by the killing of seals in the open sea.
I have, &c.
(Siji-nedj .lULlAN I'AUNCEFOTK.
liiclosurc ill No, 321.
Corrrsiwnitencr rcliiliiKj to Fiir-Sral I'^lxkerins in liehriity'.s Srii.
Mr. Hliiiiii' tn .>'//■ ,/. I'liiiiircfnlr.
My dear Sir .luiiaii, DrjKirtiiKiil of ."^Inli; U'asliiiiijlnii. Mnrrh 1, ISDO.
I IIA\'K extracted Iroiii ollicial (lociiiiieiits and appended beri'lo a larije niiiss nt
evidence, yiveii under oatii iiy jii'orcssjonal experts and olliceis of the I'liited State-,
tuiichiut,' I he subject upon whi(di you desired lurllier proof, namely, that the killiii:;
of seals in the opeu sea tends certainly and rapidly to the externiiuatioii of ik-
species. If further evidence is desired, it can be readily furnished.
I hiivc, &c.
(Si-ncd) -JAMES G. BLAlNi;.
From the otiicial ilcport made to the Uonse of Keprcsontativcs in IHHS): —
In li)ni:<!V vi.'ai> lur-si-als wcii' rmiiiil in fjiciil niiiiilioi'H on various inlands of the Sdiilli \'m-\\v
Oct'iiii. Init altri- a iuii]|iaralivfly ■^liurt pciiiid ul' iiuliscriiniimtc sJaii^iliU'r tlii' riinkcrics wcriMlcscikd,
the aniiual-; haviiiL' I'i'iii killed or di-ivrii t'lipiii ihfir liaiiiits : sn tlial imw the uiily rxislin^; rotikorir-
arc llni^c in Alaska, aiintlicr in the Ifiissiaii imrl ul' llchiiii'.;'.s .Sea, ami a lliinl nii l.uljds Islaiul, ut tli'
moiilli ijlllie WiviT rialc ill Siiiiili Aiin^rira,
\ll llu'se viiiikcrii's an; iimlri' llic p|-(i|iM'tiiiii dl' ila-ir .-.evfral (i<ivciiilni-iil>.
'I'lic lii'st csiiiiiati' as tci ilic liiiiiilii-i' nt llnse animals uii llii- Alaska niiiki'rifN Jiliices it at abiiut
-t.oiMi.uno ; lait a inarkiMl diiiiiiialinn ..f tin' ininil"'is i< imti.'cil wilhiii ilio last two nr tliiec vi-nr-
wliieh !■; allriliiitcd liy llic. lustiiiKiiiy lu tin- tad that iiiiautli(Mi/;i'il juMsdiis ilaiiii;_' the ^iiliiiuir- '!
ISSl'p. iaK7, anil I.S.'^'< had litlcl ..ai cxiir-diliniis and cniizcil in Alaskan waters, aiuMi.V llu' lb.' cf
lirc-aiiiis ili-^triiyeil Innidicds nf ihuusunls (it thi-si: animals withinii ic^ind tn auc nr st-x.
'I'lic law iJi-dhihils the killiiij.' dl' t'lir-syals in the 'I'lTritdiv nl' Alaska nr lla^ waters tlicieuf, exrtpi
by the les.Hie nt' ihe Seal Islands, and ihe lessee is peniiitted to kill iluriiij; the iimiitlis dl' .hiii" 'uly.
Septeaihcr, and Oftdlier only ; and is I'drhiddeii lu kill any seal less than I yeai- did. or any I'eiimlf >f.il,
"or to kill sueli se.ils at any time liy the use df tire-anas, or liy other laeans temliiij,' to .hive the swl-
away t'ruiii those islands." (Jievised Statutes, section I'.tfiO.)
(jovernor .Siiiip.son, dl' thi' Hiidsoii Hav Comiiaiiv, in his ■■ ( Iveilaml .loui iie\ Koiniil the Wmlii.
184f-4:2. p. i:!n. .says:-
" SiUMi- twfiaj in- tliirty years ago thcrt- was ii iiu)»t wastctiil dt'slrurtion of tin- Ki-iil iii »muii« hiiiI old, mali- ami fciiinlf, wm
ilidi^criiiiinatrly kiiut-kid in flu' linul. Tlii.. iii)|iru<!fn('i>, as uii) uiie mii^iit Imvf cjiiUTti'd. jirdViU df! ruiicntal in two way.t. Tlii' nrf
was alniN^t (-\tir]>atL'<i, and llif inarlci-l was }:lut!fii to sucli a dt i;r< f. at tlic rat. li-r '(iiiir linn- nf '.Jf'a.llntl (.kins a-yi ar, thut tli,' pnrtt
did not t;\.-n pay ttii- ^■\|l!'n^L■s of carriiti:)-. I'ln' Hn,-.sians, liowrvtr. liav*- nnw adopt, d marly tlw -.trii.' plan winch tlir Ilii(i»oii U»?
Company par.snrs in r-'iraitin^ any ol' its cxtian^trd district.s, kiliiiiK indy a liinili'd nunila-r ot .Mirli nialfs a> liavc altainni tlu ir t'll
l^rowtli, a plan pcruliarly appliuiltle tn tlir tnr-si-nl. inasninch a- its 'halots r.jnh-r a -.y^t. ui ot' inisltHiidiiiL' tin- st.a-k a* faiy atiit
i-prtain as ttutt ol destroxiti^ ir."
Ill the year fSOn the rookeries ot lite ( iedifiiiiii Island!) prorliieeil 11J,(MMI fur-seals. I'lipiii Im*
lu ISio, .says the ' Kiieycld]i,Tdia r>iitaiinira." • the Cettlj^iali l-lamls piiaiiieed l.linil.lMlO .seals, ami llif
Island of I le.solatioii ha-' lieeii ei|Ually proiliictive." Over l.oilli.ooii were taken I'roni the Lsliiinl "I
Mas-ii-jMiera and shijjiieil to China in i7'.).^-!)ll. , Kanniny's ' Voyaees id the .''^caith Sea," p. I^O'J.;
In. IHL'O ami LSl'l over :jlili,ni)t) I'lir-seals \\ere lakeii at ihe South ShetlamI Islands, and Captain
Weddell stales that at the elul of the sei'.nal year tlit! speeies hail there heeome almost e.\teliniliiili''i
In addition to the iiumher killed lur their l'uis,"lic estiiiiatc-.s that " mil less than Inil.tllin ae«lv-l<iri.
youiiL; died in eiaiseipieiiee df the de-it rui-.tidii nf their mothers." 'See Kllioll's Keport, 1S.S4, p. IKi)
In l«.'jl.l the .-Hplily df fur-seals in ihe South Seas had ,so -leally decreased that the v^^ssels eii;;iignl
in this enterprise ■■ j»eiierally made \n<\wj, vdyai;es, from the fail that those jilaces which were tli"iv-i.t
of seals hail lieeii aliandoned )iy them." 'l''aiiiiiiij;'s " Viiya;,'e'(." p. fsT.)
At Antipode- Island, oil' tile coa'^il wf Xeu Sdulh U'ale-i. -tou.illlli -kin, weic dlitaimd m llwovi'
lHJ.i and 181..J.
Itcferrin^' lo these tae.l.^. Prolosdi KllinU.df ihe Siiiith-dinan lii:,litui ion. in his alilc liepoU "i-
the Seal IslaiiiLs, published by ihe Inleriur lleparliiielil in I.SS4, says : -
" Till:- sive.s a TiTV lair idni .if tliu manner in whiih the- biisimss was coiiduetod in lli.' .Simtli I'arilic. Ilnw Iniac """!'' '"
WiA\:\fi intiTi'Sts in lli'lirinu's Sia nitliHaml llir ollarks d' >i\ty ^l^.sl•!s can; inu- I'roni Hi.nty lu thirty ini'ii radl ? Nolan'""
soasous. The fail that Hhm' (jr. al -ontluTii rl;okl■ri•■^ wilh^lood and paid I'cir attai-k-. i,f thi.'i-<tiiisi»i''rliarail(r diirioB a j't'""''''
more than twinty years speaks el.apu-nlly of the millions upon millions lliat must have existed in Ihe waters now alinosi ilwittil »:■
them,"
428
I' riinktrir,4 of tin:
UNCKKOTK.
Li. 13LA1NL
1,'i.IIImI tlu' WnlM.
Mr li 11 I li.ijM-l, iif Ncu I.«iinliiii, ''"iiiifi-tiriil. w lin-r \(<,^. U lijiil \ i-ii.'d .til t!
Niylli riiiitif, in hi-* wriilni sl;ttriiiriit |icl<ir,. tln' rfiiiiniiMci- <>m Cnrniiirri-f
lli[.ri'sciitaliv(*s. siijtl :■ ■ ;
• A" -liiiwMiic thr iirnKrrM of ili>^ tntilc in fiirorn) tkiMc, '\w[ tin* tiliii<'-t (tf it^ (it(i« nitiuti, n MiltmK in iili<i<<ht total mniihiUiion *
<| Dii^ HriiiiiitU iti fiuw |itrulitii'<<. it in fitate<l ii'i emyi airhurity lliil. fi-rn .t^i .t I77i' to I^Oit, KitkijcIi'ii l/nitl. iti tin Inilian •
Oii'nii, \U'l<l<il to lilt' l.tti;)<"li tr>ul('r> <>v<t I 0()>t,i).)o rIhii- : Ixit tji'ii t-"iii;>rlitiiiM h«i-| f otr liic IhtiN Ihul h-nrlnl llitTr. .iitil liricfl
thfUiiiT >P«r hiirillj I'M! per iitimirn x'tilil Ut- oli! ijnnl t.ri jII it-. Ihiil* to.iM AMi manli Aliviii-riirr.i It»lii'i.|, riiMf .luni rt-rnuiulf»,
wMtixiUil, iin.i ri(i,(imi ii.yi-ar wrrr ■•(<!, micti ; tint . » i-mtv tine t'lat <I<'-ir'il rm frit- in s'* "'i'* ''i'l. tin- uwu.il n ,.ilt litlluwiii (he
(RiU «< n > \trTiiiiiialnl uf ihiil itlntul, lunl til<<: at tli* (i'ila|tji|;>ix tirnu\> war )») . t
" KiilkKiMil iiMil Mii'lliiriil Inlanil-, nriil .^imlli AiiiiTii''iM riiii«t>>, ru'iir (rtpr It-'iii, iiiik n'-\. in <irtl> r ; titri- tin; will wiint fifrr ;
htiiiDilaiit. It III "lalxl tliut Nt t)i*> SlictbriitM ulL-iti- 1(10 llOd yr iniiiun) iiiiQlit hiM* li<-i>n •iStuini'd Mtiil tin- rti'tki'rii'o pn'oervfu,
if tiki'i) iimit-r pnipcr rrMrii-tii>n« ; Itiit in llic fji((iT(i. -h <>( in. i, tlii-y klllril olil nil 1 ymiiiif, nulc ami fni.nlf; litel.' imp-* » ffW <Uyt
*M. tir|)nviil i.r rhiir nn tlin*, tlj..! \,\ tliniiMinili <in tin- l« iiilii' ; oan-aiiNr-M niiil Imjk •• ftirrtkril tin- -lntrf-B, urnl linn pioilurtive tifhrr^
«4i «li(>:ly i.v-irnjvii. It m tilnii.-itt-il timt in tlir yvnrt IVJI iiiiJ M*2i ri<> li ^K tli.vi ^i'i."On of thevr uiiiiiutl < went killi>(l nt thl»
>hi'il.irtil* Jt'ctK-. An AiihTirtin rHpiain. (UscriliinK in aitiT tr.tiH lit siim-- tin r' . -;*) <» : ' Wr vriit tt.c firt^t yt-ar with tmr vfn<nA and .
fot l.:'Ui'; tl.i' Trimii n-iir with twci \<'tiiicU, imtl n),taitir<l .ID.fHIO; thr il>irtl \rar with i>i\ vf*sfh. tfcttmi; only l.'UO — nil thiTM
wulrft.'
"A<iiiii)l rookiry it ^till pn-»i>rTi'(l at ihfl [.obiiii Ulaiuli), oir tlir KiiiT 1m I'lMtn ; llii!>, lii-inf( rureriilly Ki'ifLU-d under ntrint
nfiiliitiiiiit liv ilir (•iiTi'rninciit of flui-nu'* AyrcH iiml rrntril t'> jinipcr part)t-5. yicliln ubfitit 'i.<MiO skint per aninmi. An late as thn
liar \H'.i\ :t otnnlt itlaml, Itunlly a mile jirroHi, wiiit iIihc iTert-il liv AoiiTU'inis in tlu- Japan Sen, whRrt> al/niit Mi.OOU !t<'uU n-tortrd
iiinn-iliv Triiirr.'* viKitfil it, itiMJ in thr<f yt'ar* the rli;U iin<l knWa liiil .IrMnil tin ni all >>iT. Not liKt a "i-amm mn imw In- fimnd
liifrf."
Iliiriouiiililc ('.A. Williams, o! Coniu'ctii-ul, who iiilicritijJ the wlmliii^' and soaliiifj
liibiiuiss IVoin liis tatlici' and i^'iiiiidfaflior, sprakini,' nl' the seal in the South raeitle,
l,'av(' till" lollowiiiL,' testimony lid'orc the (.'oni^ressional Committee: —
The liist.piv 1)1' sciiliii^' ^iirM liiii'k tci iilinut 17110, i.iiil finiii iliiit (o the i-aHy ]iiiit, (it this (Ciituiy.
In tlic I'iirlicr Jioiidd ut' wliicli 1 s|iciil< tliiTc were im snils liiiowii in tin' Nnrtli l';iiilic^ Oi't'iiii.
Tliiir |i,iitiriiliir Imiint wuh llic SdUtli Atlantic. Tlicy woir iliscovcreil Ijy funk, in lii-f V(iyii;^cs. (in tho
(fliiiil 111 |icsii|iiti(in ; liy Wiililuli, in his V(iyii;;(^H tci tlic Sdiitli I'olf, (in tlii^ Islionl nl Smilli (iciir|;iu
ami Siinilwiililiind ; anil liy Inter voyii^;(M'x, wlinsc' names i!s(:a|i(i me, in tlic islands "f llii' Sdntli I'acilic
Oi'c'iii Wlicii tli(^ nnniliiT (it seals (in llidsc islniids were lirsl ludnf^lit. to tiin iidtii.'e df liriliah
ichaiits, (li(,'y pursiii'd the inintin;,' ot tlicso iiidninls (in the Islaipl of Desdlatidn.
The nidst anthenlic anthdiily we liave alidut the matter is derived IVom re|idrts made by these
voja^'ers as Id the nnmlier df seals taken finm tliii>c places, and, althon;,'h they are iidt entirely
ncciir;it( I think tiiey are I'idiv as accurate as cduld !«• e\]ie( ted, cdnsiderinj; the lapse nt limu. (.)»
the Island ..i Desdiatidn ii is estimated that l,Jllll,()(lil fnr-se.ds were taken ; IVdMi tin; Mand dl' Sonlli
i'wuf/v.i a like iinndier Wf^re taken, ami Irom the Island df Mas-ii-Kmnu imilialily a j,'realer nnmher
WW taken. As to the Sandwichland the statistics are nut clear, Imt there can he no dnnlit that evur
.'iiiil.OliK seals were taken trom tliat Ideality, ami in IKL'O the Islamis (it Snntli Shetland, siaitl, of Capo
llirin, wcie ilisciivered ; and IVdm llioe i-ilands .'IJO.IIIMI lur-seals were taken in Iwn yea
I'lliir liioalilies iVum which seal:: were taken, luit irn nther' whcie they were Idiuii;
iiuiiiticrv.
« • • t » •
Till! caii.se lit the extermimitmn (if seals iu those loculilies was the indiscriminate ehui-actor df the.
.■■Iriiinlitcr. Sdinctimes ns many as lifteeii ves."el3 would he lianu'iri',' nrnund these islands awaitius»
"|i|(.rtMMily Id ;^ei their catdi, aii'.I every vessel would he ^^overmd hy individnal interests. They
A'liiM kill evinylhinu that came in their way that tuinished a skin, whether a cow, a hull, (ir a iiudille-
^I'.-.va s"a|, Icaviii',' the yuan',' pups just Imrn td die fmni ncLdect and slarvatidii. It was like taking; a
lurd (if cattle and kiliin;^ all tin! hulls ami ciiws and leaviiij,' the calves. The exlerniiualion was .sc
i"iM|ilite in the,s(! localities that thi^ tradit was exhausted, and Voyaiies In those |ilaees were aliandonoil
Ai«iut IHTil, nearly litty years attci' ihe discovery of the Soulh Shetland Islamls, when the occupation
ut .Miiska liv the (•(.•.ssion of i;u.--sia to the t'nited States of the Iiehriii,i;'s Sea was lirou^^hl aliont
Tlif ('ktiinium. — I want to inlerrnpt you to ask a (puslion hearing on that point. Were tho.Su
""ki'iiis ii, ihe South Sen.s never under thi! protectdiate of any (ioverniueiit at all (
'll'.c iri/«..«. — Never. I was ^'oiiii; to say that when tlie cession was mado hy Ilussia to tho
I'nitcl Slates dl this territory, and the suliject -.f ■' • ■• ■• ' . .1 . .. • :,. ...1...
I'mii^ht 1(1 niind, peojile who had lieeii jirevionsly enjra!,'i
Imalities ailer a lapse of in'arly til'ty ye.ns, and no seais weiv louno on im^ isiaim oi i>e.-diaiioii.
riu.sc i'-laiiils have been used a.s the lireedin,t;-place for sea-elejihants, and that erealuie cannnl h(!
I'-Vtcmanalcd on that islmd. for the rcaMin that cerUiin heaches known as "weather heaches " are
IImv. The sea hrcaks rudely upiui these heaches, and it is impossihle to lami uiiou them. There avo
'litis, .soMuihin^' like llt'l) to tJOt) feet, of .shori! ice, and the .sen-elepliiuit liuds a .safe resort on thes(!
W.ulics, mill still preserves enough life to make the iiur.-.uit of that animal Wdrlh followiu ' '
small wav,
I li.lVc \.ss,.
imi'liMilal 'fhc
f^aiiilwiclijand, aui
raoitmr li-,-s seal.
MlPiit lliat then
lI'.UOll skins.
','. .\her they had lieen abamloiuid for lil'ly years ^--■(. Yes; to-day they are ai^ain exhausled.
'Ill' last y.'ar's search ot vi>.ssels in that region — I have the .statistics here of a ve.s.sel from Stonin^'Um
Ifi'iii the Siinlh Shetlaml Islands, repiirteii in l.SH.'^. and she procured thirly-iiiiie skins as the total
'Willi 111 .Search on tho.st! islands and .South (ieoruia,
""' ■ 1 iiiv own \es<el. prdi-nred -ixly-mi" skins, iir Icdiii;,' ele\e:i pups, as the tulal result of lier
There were!
in siu'h lai'oo
the value df fur seals, nr the pn.ssihle value, wa.s
in that laisinoss revisiicd these .soulliern
no seals weiv found on thi^ Islaml of De.solalion.
Is there, and have had, mysell and
Island of South Shetland, and the
I Ihe Dic.ijds, oil (, 'ape Horn, and one
In this period of lilty years in these
was taken troiii Uicm in the six
in a
lather, fur lifiy or si.xty years. lint this m
Inland df South tleori^ia, and the Island ot
or two other minor points were I'onnd to yield
localities se,il life had recuperated to such an
rears I'roni I.STo to ISTli or 1S77 ]icrhaps
[128]
3 I
42C
voyagi'; ami, oxi-ept, iibmil Cape lloiii, llicir iii(^, in my njiinioii, no skills n'maiiiinj,'. I io ij. i ilijul^
that iOO souls could be. procnireil from all tin' locnlltics mentioned by ii I'losd seaicli. Any one fif tlipj^
localivies I have nauieil, mider pr(j])ei- inolectiiiu and ivstnetions, nii,L;lil have been |iei']ieliiat('(i iisa
breedinj;-place for seals, yielding as j;reat a nmnbcr jpcr annum as do the ishmds belonging to the
United .Slates.
Now, the trade in those localities is eutiroly e.vliausted, and it would bo impossilili- in a rcntiirv In
restock those islands, or bring tlieni back to a point where tliey would yield a reasonabh' ri^luni tbrlliv.
investment of capital in hunting skins. That, in brief, completes the history of lhefur-.'';d in \\,(.
South Atluulic Uia.'an.
Ik'.iKjir I'f fhc K.dcniiinnlion of the Alaska livu/afir.i.
We have already mentioned that the present nundier of seals on St. J'aul and St. (Icorgf Islanifi
has materially dinunished during the la,st two or three years. The testimony discloses Ihi: lad thiil ,-i
large nninlier of liritish and American vessels, manned by expert Indian .seal-huutcrs, have frciincnttd
liohring's Sea and <lestroytd hundreds of thous.tnds of fur-seals by shooting them in the walcr, airl
securing its many of the carca.ses for their skins as they were abh' to take on board. The tostiiiioiiy ol
the (iovernnicnt Agents shows that of the nundjer of .seals killed in the water mt more than oiii: in
seven, on an average, is .secured, for the rea.son that a wouiuled seal will .sink in the sea; su lliat lor
every 1,000 sealskins secured in this manner there; is a clindniilion of seal life at tliese rookcri(!s nt ai,
least 7,00(1. .\dded to this is the fact that the .shooting of a female .seal with young causes tin: (li'iiili
i)f both. If the .shooting is before delivery, that, of rour.'ie, is the end of both ; if after, the ^nung.scal
dies for want of sustenance.
J)uring the sea.son of ISS,") the immber of contraband se.alskins plai'cd on the market w;us over
13.000; and in ]t^8G, L'.'i,00ll : in 1.S87, :i4,000; and in 1H88 the number of illicit skins secured ly
ISritish crnizers was li^ss than 2.">,1MI0, which number would have been largely inerea.s(!d had not \]hi
sca.son been very .stormy and boisterous. American citizens rcsjiected (he law and tlio pulilislicii
notice of the Secretary of the Treasury, and made no attenijit to take seals.
From this it appears that, dining the lii.st three years, the number of contraband sealskins phiocd
on the market amounted to over 07,000, and which, according to the testimony, destroyed iioarly
750,000 fur-seals, causing a loss of reveinie amounting to over 2,000,000 dcdlars, at the rate of tax and
rnninl jiaid by the les.see of the Seal Islands.
Limitatinn : the Lessee fnrbiilden tn kill any Female !<<'al.
The followiu!^ h an extract from the official Ecport to Conj^rrss : —
The lessee is pcnnitud to kill 100,000 fur-seals on St. I'aul and St. George Islands, and no more,
and is jnohiliited from kiUini,' any female .seal or any seal less than one year <ild, and IVoiii killini; any
fur-.seal at any timi! except diiriiig the months of .Tune, didy, September, and October, and IVoia killiri.;
su;;li seals by the use of lire-arms o.v other means tending to drivi! the seals from said islanos, and fi >.■»
killing any seal in tin; water adjacent to .said i.slands, or on the beaches, cliffs, or rocks where tlioy haul
up from the sea to reiiiidn
l'\irthi'r extract Ironi Itcport : —
It is idear to your Committee, fi-oin the proof .:ubmilted, that to prohibit seal-killing on this Sg.ii
Islands, and pernut the killing in Behring's Sea, would i:" no ]iiiitection ; for it is nol on the islarnis
where tlie destruction of seal life is thi-ealencd or seals are unlawfully killed, but it is in I la't p.art (if
liehring's Sea lying bclwi.i'U the eastern ami western lindls of .Maska, as described in tlie Treat;' nf
(Session, through which the seals pa.ss ami re]iass in going to anil fmni theiv feeding-grounds, S'liiu'
i)0 miles .south-east of the rookeries, and in their annual migrations to and from tlui isliind.s,
lixfract from Ucport of L. N. J$uynitsky, Agent of tlie 'rrca.siiry In 1S70, l«
Jlonourable tico. \j. J}r)iitwell, Secretary of (lie Treasury. Tt will l)i' oliserved tliat this
J{,cj)ort tvns made in 1S70, before any disj)ute liiid arisen with the Caiiiidittn .seiilrrs:—
When the herd has been driven a cerlaiu distance from the shore a halt is maile, and a .siiHin;;iif
the game a.^ to age, sex. and condition of the fur is effecteil. This operation reipdres the excrci.M' ufii
llfe-huig e-.perience, and is of the outmost importance, as the killing of females, which mc m-ily
ndsleken for young males, even by the natives, wiaild endanger the propagation of the ,^pccics.
'I'he same witness, wjieii ikjI .•in eiiij)lo\e of the Treiisury, t^tive testimony n
aiiotlier point in IS*- ) : -
V. Whcie ale. those' seal 'loiii .' Where ilo I he female .seals give birth lo iheir young.'— /t. .''n')
are born on th" roid<eries.
Q. Are I hey an iii'na. o . lish, or «hat aiv they ; how do you classify (hem ?-- ,(. They an: 1 •
blooded animals born lai he land ; fhi'y are not a fish.
(,' .-Xml i ru '11 t. ■ I 'died S(ates' territory, are they :' — A. Ves ; all (hose biun on (he l.slaiiii-'l
of Si. I'aul and ~l. C
(J. That i* ill I iiited S(atcs territory; — /(. Ves. Sir. "Kislicries" is a iei::nomer all llie v..i.v
throni;h. Hud nhvavs whs.
1:
H. A. Gliddoii, au .Vgeiit ol' tlii! Ticasuiy Di-piii'liuciit, was op iin- I'riliylov
Islands from May 1.88:.' to Juno 1^85. In doscriliiiit^ before; th<' Con£?i'cssioual
Cdniniillci.' t!i(> mode of killing; seals ])y tlie lessee of tlie ishiuds, (lie following
■ocouiTcil:—
■ (J. Dij Uu:y kill any IVniak's ( — .1. They iicviT kill rciimk'!. I An mdI kimw d Iml iiiic m l-wo
iiifUiiiM". ill my fXiM'iiinici; Mlitre ii lumali' seal wa.s ever driven ci'it willi llii! (.-rowil.
• » »
Q, Iin yiiu iu'licvc seal life i:aii ln^ lavsiirvwl witluiui (invi'rniai.Mil prulooliiiii hvit llii'in <-
/). 1
.1.1 Ilul.
\V. I!, Taylor, a Treasury Ai,'eiil, was asked (he same (luestion as (o the killing of
iiMuiiie seals, and he said that. '• he had never known hut one or two killed by thi!
lessn; on Oie islands, and they by accident." lie was further asked as follows : -
il. When tlioy kill lliu seals in (lu! waler.-;, almiil wlial iir.i|;:>il i.m iil' llniu iln ilu-y rceiiver ' — -I. 1
ilii lint. Iii'lii;\i' iimru lliaii Diie.-tourLli nl' tliciii.
V. Tlie ulliers sink ( — .(. Tliey slidni ilieiii ami ihcy sink.
(,/. Ilavi' yon ever luitieed any wuiiniled uno.s llial eamc aslu.iv ilial liaxo lieeii .iliot ( — A. N'o, .Sir ;
I ill. II.. t ihiiik" I liiii. ' . .
The same witness tt^stified as foil nvs : —
(,'. Yi.u ilo neit. think, llien, l.liat, llie valiu' ..f lie' .s.al (islieii,--. and (lie seal riiokerios (onld bo
linwivecl iimler an ojieii policy ' — -'(. X", Sir ; I dr. in.t. [ think if yiai ojion it tliOT will \>i\ ilcstroynd
witliiiut que.slion.
Q. l>o yon Uiink il iiecessaiy to protuot the .seals in the .-.'a ami down In their lerdin,L:-;_'ionnds in
lii.' i'.ieilie, ir po.-iailile, in order to pivserve their full value and iho perpeliiily of si'nl lif.' ^ Do yon
liiiiik tliey oiiLiht t.) lie proteeled everywhere its well as (.n tl,i. rookeries ' — ,1. Ves, Sir: I think tliey
.iii;;lit to I.e piiiteeted not aloiic^ on the rockeries, hut on Ihi' waters, ot tlie Behrin^'s Sea. I do not
lliiiik il is iie,.es.sary to ^.1 outsiile ..f the r.ehrinjj's Sea, l.eeau^e there is no eonsidenibh; nnnilier of
tlit'iii.
(J. Are they so dispersed in the I'aeiiii- thai they WouM not be iialjlc to dcstruetion < — A. Ves,
Sir; tliey are scattered very inneli, and no hunters do uiu.'h hunlinj,' in the I'aeitic, as I nndor.sland.
.\iiiillier ri'iison why they shouKl he pr.-.teeteil in all the waters of the l'ehrinf;'s .Sea is this: a larije
iiiiiiiliir of .seals that are on the islands of eoinse eat .a ^reat many lisli every twenty-lour lifiiirs, and
the li.'ili have' heeonie well aw.are of llii. I'm't that tlieri' are a good many seal on thi; .Siuil Islands, and
tiny .-^tay out a Ioii,4er distance from the i.slaii.ls, ain.! they do not come near the shore. It lieconies
mces.^ary for the .seal themselves, the cows, to yo a ;,'ood distance into the sea in order to obtain food,
.tii.l it is there where most of the diinia;_'e i.s done by thes.' vcisels. They catch them while they
lire out.
V. .So on the rookeries lliey o., .mt daily I'..) food '. - A. The l'.ws g.. out eveiy day for I'ooil. The
iiiilN ilo not ;..i ; they stay on the islan.l all summer. Thi' cows ',.'o 111 aiul .1.". miles, and even further,
I il.i not know the average of it, and they are i,'oin'.' and coming all the morning and evenini.'. The
«a is lilaek with ihein round about the islami.s. If there is a little fog ami they get out half-a-mile
Iniiii shore. We cannot .see a vessel —I'M) yards even. The ve.s.sels tlii'iiiselves lay ar.iund the islands
lliiTii where they ]iiek np a good many seal, and ilieve is where the killing ol eows nccnr.s when they g.)
ashen'. 1 iliiiik this is worse than il would be to lake •_',".. ilOli more seal on the islands than are now
tiikeii. I think tlcre is soiii(>. ilamage don.' in lb" killing and shooting of lb..' cows, and h'aving so
many young without their niothers,
(/ Is il your opinion that a hiig.'r number oi s.'.iU may be tak.'n an. lually without deliinieiil to
lli'i niiik.ries ; — A. No, Sir; I would not rec.imiiii'iid that. Th.' lime may (..me, bill I ibink that one
yi.'iir with another ihcy are taking all tlicv ought 1.) take, for thi.i rea.soi, :
I bi'li.'Ve that ilie capaeit}' of the bull seal is limited, the .same as an.v other animal, and [ liav.'
^'iVj fi.!.|U.'nlly counled from lliiity to Ihirty-liv", and ovi'ii. at oi\e time, jorty-two cows with one bull.
I think if there wen' more bulls then' would be less cows 1.. oii" bull, .iii.l in that way the increa.«n
wi.iilil I.e gr.-ater Ihan now. While the numbi'r of .seal in the leggregalc is not a]iparcntly .limniislied,
'.ml, in fad, there is undoubtedly an inereas.', yet if you trme any greater number of seal than is t.ikcn
imw, this ratio of cows to one bull woiiM be greater, and for ihat reason there woul.l b.' a less numbc^r
III' v.iiing seals, nil. loubte.lly. I look ii]ion thi' br.'eding .if the seal as soiiieihing liki- the breeding of
any other animal, and tliiit the same care, an. I ivslriclioii, and .jiid'.,'ment should be exeriMse.l in lliis
hroiiiling.
The same witness (es(iliod as follows : —
',' Wlia'L will be the ell'ect upon ill.' seal r.iokeries il this .-un.'ptilioiis an. I unlawful killin'4 in I lie
l!o!iriii','s Sea i.s (.i h,' p.'rmitleii .'-,■(. In m\ iudginent. it u.aild ev.'iiiiially .'M.'rniinate the. .seal.
Mr. ('. A. AVillianis, of ('onueetient, h.-fore referred (o, lestiiied as follows : —
'i'. 1 w.iuld like to know — I do not know that it is .jnsl llii' projier time — hut I wouhl lik.' to got
tliiuil.'ri 111 ihii.uc conversant with the habits ami nature of the seal, as to what their opini.ui is upon Ihe
flk'ii "f llie indiscriminate killing of Iheiii while ihi'y are coining lo and going from tin' islands ? —
-'. Ihat H .1 ipicstioii which I IhinL most aiiv of in here can answer. If you note the cunhirnialion of
428
tlie Aleution Isliimls, wliicli lunii a wiiU, I'.iid note tlii; giij).-' tlirunj,'!! wliutli tlic; seals coiiiis frniii tW
Pacific Ot'cau scckiiii^ tlu; liimiil na lluwe islands, that is the wliolii imint. \Vh;'n tliey cniiic tlirou"li
thcsi! various jia.sses, "^cnu'rali;, tlirnuyli tlio Oomiiak I'a.ss, tl
conite lailcM with im|is, waiting; until tlu^ last m<
sea is roasonably shallnw, nud thi^ c'liw.s
, , . .^ . . ... ... -. iinciit ill till' water to j,'i) ashnrc to deliver, hccausotkv
can roll and .serateh and help themselves better than if they haul out when heavy with ]iii]i, so tlicv
stay in the water playini,' about until their instiiiel warns tlieni it is time to cjo ashore, and diiiiii;! that.
time they are iiuussed in Ljrcat ([uaiitilies in the sea.
(J. Now, ill that view ol' it, the di-stnietioii ol' them there is aliiinst piactieally th" same a.i tli.'
dcstnietioii on the isliiiids ; — A. Ye.s, Sir.
(J. And the conditions are as had? — A. Vos, Sir; and often woise. for this reason : If you kill n
pup yon destroy a siii^de lite, lait in killin;» a cow yoli not only de-itroy the life tliat may bi;, hut tlu'
source from which life conies hereiifler, and when they are killed tlii'ie in the water by a slint-pm
or a sjiear tlie proportion saved by tlu^ hniiters is ])robably imt one in sev<ai. That was tlieir own
^timate ; that out of eight shots they wouM save one .seal and seven were lo,st. If they were kilifvl
n the laiiil, those .seven would ''o towards filliiiL; out their score.
The samo -witness also tosf ificil as follows : —
Q. Have you inslnictcd yonr agents to coni]ily strictly with the Laws and l!i^f.'u!atiim.s of t'li'
Treasury Uejiartiiieiit ? — A. In every ea.se ; yes,
Q. Do you kill seals willi tire-arms at the islands, or ilo yon pmliiliit that ? — A. N'o, Sir, never, i',
is not allowed by the Ael,
(J. Do yiiu kill the finiale seals or allow tlieiii to lie killed ? — A. Never with our knowledge.
(J. Do \oii kill any during the mouth of August for their skins ? — A. Not a seal ; no.
Q. Do vfiu kill any se;ils under L' years old ? — ,(. Not that we are awari' of.
Tlu! same witness rurthcr tcstilipd: —
Q. Now, 1 would like to have your opinion as to the insufTicieiiey of the pre.sciit iiieasuns Liken
by the (iovernmeiit for the ])rotecti(ai of the rookeries, and your o|piiiioii as to whether any aiKlitioiiil
safeguards are neec-ssaiy lor their pioteetion. — .(. Tlial the present measures are somewhat iiisiiltioicnl
is shown by the fact that for the Inst three or fuur yenrs there have been iucrea.sed depi-iHlation.)
annually upon llie rookeries, .More .seals are taken witliiu tlie limits of I'lchring's Sea, Konui^rly «ih
were only taken outside of llehring's Sea as llie.y pi-^seil up to liiitish ('olumbia, and od' the inoiitli of
I'uget Sound, in the waters of the I'aeilic (.)eeaii. That was a legitimate place to take them, anil oin'
against whieh im objection eoidd be nii.sed. Seals whieli ciaue up that way enter through the iins*:!;''-
of the Aleutian Islaiuls nearest to tlio mainland, and it has always been the custom in liritiili
Columliia and our Smiiid to inierec]it the .seal and get what they could, AVitliin the last two or tliip*
years iiiaiMudeis have followed (hem ihrough the p.issages into liehriug's Sea, and have with guns aiiJ
spears taken tlie .seals as they lay upon the water, as I stated before, waiting to haul ashore ami liav''
their (uips. The cows are heavy with pup, and they do not liki to go ashore until the last luoiiii'iit,
and so they lie there in the water, and this allbrds an opporliinity for these marauders to slmot ;uiJ
spear llieni. This is done liy gangs of Indians which they have. They hire gangs of Indians ;iiiiltil:i'
tlieni witli lliem. The ell'eets of this shooting is not alone npim tlii' seals which are at that ]iiiiiit, Int
idso upon those all around, and it st.iitles tliiaii mid raises a sus|iieioi; in (heir niiiids, ami tii'io '.< i
general feeling ol di-liirbaiiei' .-iich as yau notice among cattle when bears are abiiuf or somctliiii,' "!
that kind.
And ni;;iiu : —
C/ Now, .\li. \Villialll^ should il be liually aseeiliiiiied and considcreil liy lair (lOVcriiliieiH iWl.
under the Tieaty ol Ci'S-^ioii by wiiich We aei|uiied Alaska lium Uu.ssia, and under the law of iiali""',
the rnitcil Stales doe^ possess and has absolute, doiuiniiui and jurisdiction over I'lehriug's Sea ainl &■
walcjs of Alaska, vould you think it W(aild be a wise jiolicy to adherer to and niaiiitain that jiii'i.silicl!M
ami iliiiiiinion iip.ii|i!etc, or would it be wiser to declare it the high sea in l!ie legal sense i — A. In tlif
light of to-day I slaaild .say keep what yon have got.
(■,'. Hold it as a do.sed sea? — A. Fisheries within (hose limits are yet to be developt'il, and u
would si^ein to be very unwise to o]icii up possible lishery couteiitions wliieli are very likely to arise!)
such :i cciir-ic.
(,/. Voii think that wcoild be, then, the wiser policy to maintain such jinisiliclion and iloiiiiiiiim ■''
we have, and to concede to the vessels of other nations such rights as are not iueonsisteiit with l.n'
interesis which mir nation has (here ami which need pioleetioii > -.1. K\actly that ; the right of Inn-'
thriaigh the sea wherever they please, but positive pioteetion to seal life,
(,i Voii do not think it would be wise to grant anything el.se I — A. No, Sir; not at all,
(,', .\iid ill no case to surrender the jiower nf policing the sea '— yt. No, Sir; under no i'ireii!«'
ptaiiccs.
(,', Could that ]iowci and juri.Mlietioii be suirendefed and yet ]ii('Ser\e this seal life en tin'-'
rookeries and the value nf our lislieries that may be devc'.iped there ( — A. (bily with very great ri*
Irjcaiise, if (hat right is surrendered, and thereby (he righ . . police (he .sea, the deprei'iatioiH that .«'
mad'' upon the seal wherever they iiiiiy be found, wherever men Ihonghl they could carrv tlntiii "'i'
without lieiiig taken in (he act, would be carried out. So it would be dillicidt in regard to the lishenoi
Wherever they c'oiild kill these seals they eertailily would he Ih -e, and it would he inipi.'isihl'' l"'
prevent thcni.
:hn siimc lis III"
4-2!) '
III the stiitcincnts aiul statistics rciativi' f) fho fiir-soil (i^hci'ii's siiUinittctl by
C. A. Williams in li^^S t) the ('.iiiiinittcc ol' I'Dngi-oss on .Mc.-clianl. .Maviuc and
Pishcrios, aiipoaiN till! I'dllort iug : —
Kxiiiiiinuti'in vi' Liu; ('luliiwt rocoiils ol' llu; I'lu'-sciil lisliory shows liiiit I'luiii llm il;il« uf iii.inV
Micii.'iiiliiiii "I' lilt- viiliu' 1)1' lln! fur Uic )imsiul oi tlic aiiiiiial lieiiriM;,' it liiis Imiwi iiiiwasin;^ iuai
ii^lciitli's^. Save in tlir. few iiistaiici'M id lie iiuti'il iKavariiT, wlicri' (LiviMUiiiitnts liiiv.,' iii'.iTpn.-njil for
tliL' I'liri'iHi' uf iriciLrcaiu.^ si'ul lif>'. liaviii',' ill \io\v liciu'lits Id .iciriU! in tlic I'litiir.', tin: iiuiiiial lias hcuii
waiiliiiiU slaii.L'liti'iini, Willi im n:,;,'ai'il I'lir u,:,'t', .sex, iir liimdiliuii. Tlic iiiatiin; iiiali;, llii: rmiiali' liwivy
Hilli viiuiiu'. till; ]iiiii. ili']peii(k'in, fur life on the iiiotlier, i;iiuli ami all liavn heuu iinii^i riiiiiiiati-ly killeil
or It'll III ilii' iif want. This I'mul ami useless hiUi;lii;ry has r.^siilti'il in cimijilclu iixteniiiiiatioii nf the
fur-si'al Iruiii lucalitii-s whiih wcri' uiiio fivi[iiciiti;d hy luiUiuiis nf tliu s|iuuics ; anil, sn far as these
luiahtii's ar iIumthciI. has iililiti'ialwl an imliistry whi..;Ii a little nmre enlii;hteii(!il sellishiiess might,
havi' ]irrser\i'il in |irr|ieliiily In the .t;i''.'at ln'iielit uf all ranks of civilize 1 si^eiely. >;iithiiii; less thiui
stiiii'4iiil l.iws, witii will iiiiwi-r III i-nl'irre them against all vinliitfiis, ean lUT-u-rve fa- man's lienelit the
reimiaiil "fa race of iiiiiinals sn interesting,' and so useful.
The iiinsl valualile "rniikery," or hrceiling-iilaee, of these animals ever kniuMi ti; man is now in
tin; iKissession of the rniti.'il Slates. Hhw it has heeu eareil for in former years iiiiil hmuj^ht to it.-}
present .^l.iti.' iif value ami usefuliiess will lie shiiwii later on lint the matter of its |iri,'Sirvation ami
periietiiali'Mi intaet is the imipoititnt iiuestion of the moment, ami that this '[iie.stion may he cmisiilereJ
iiitilli,L;eiitl.\' the evideiiee is le re |iresented of the wantnn ilestnielioii ih.it has hefallen ihese, animals
when Irll un]iriiteele,d hy the law tn man's j;r'ed and sellishness, whieli, it is fair to say, is all ttiat
ciniM he cxpeeled from the iinlieen.sed hunter, wiioS" nature seeks individual and iinineiii.ite gain, 'vith
III) re'.'ird h>r a future in whieh he has no assuranee of |iersonal advantajii.'.
Tile following stalisties are Lrathered from the journals of early iiavigati>rs, and siieh rnmine'ieial
records as are miw availahle are siihinitted.
Kfoi'iilni Land.- — .Vn i.^laiid ill .'soutle-rii Indian Oeeaii, diseoveivil ah. nit 177-. The shores of Ihi.s
isliiiid were teeming with fiir-.seal when it lirst heeame known, lietween the date of its disiovery and
the year 1801) uver l.liOH.OiMI seal-skins were taken liy the liriti.sh vessels from the island, and se d life
thereon was e.xtenniiiated.
Cfitclli. — The Crozett rslands, in .same oeean and not far distant, were also visited arid hiinlA;d
over and the seal life there totally exhausted.
.^fii.i-ii-Fiii-rii. — An island in Soiilhern I'aeilie Deean. latitude .'J.H' d.S' south, longitude .Si) 'M' west,
I'iinie ii''Xi in order of discovery, and from its shores in a lew years were galheri'd ami sliijipcd
I.L'Oil.iloo t'lir-seal skins.
Iiel.iiio, elia]iter 17, p. oOli, says of Mas-:i-Fuera : —
'■ Wl|. II til.. .\tni'ncaii(i rump tn tlii? place in 1797 aiid bi'tnii t<i make a Imiinfs-i uf liilling *i>iit*, there is iMt iloutit but. thtre
w<..r>> 'J. 111)11. 11(1 I or ,'t,00 I.OUll ot tlii-iii uii tliL- isLiii 1. 1 liiiM- iii.itlt- an I'^-iiii.ih- nf iiiuri> tli.-i!i :i. 000,1)111) tliat liavi' lit-cii cirrietl t>>
Caliloit Irm tli..nr.. in tin; Bjinct- nt' sjcvi-n year*., I liave carru-J nnir.! than lim.OOII myself, aiij li ivi. lirt-li at tlif J'lafi.' ttll..*ll then-
ncr.' till' jt...'(il,. i»f Citirtei'ii uliii'- "r vi-^s./U f,ii tli.' islanil ?t on<' tiini' killin:; scits."
Siiilli Slii'lh(u<ii. — In IH21 -■_':! the South Shetland Isl.inds. a group nearly soulli from Cape Horn,
lieiiiiiie kiinwn to the <eaMinnteis, and in two years over Ill^H.OuU seals were killed ami thinr .skins
shipped fioni tlie.se islands.
,s',.n.'/( li',i,)yiii. — Later still, si^a! were hnind on the Island of Soiuh (ieorgia. South Atlantic Oeeaii,
ami I'niiii ihis Ine.dily was ohtained over 1,0011,1.11111 of fur-seal, leaving the hearlies li;ire of seal life.
C'lpi' lliini. — From the enasts of South America and ahout Cape lliirn many tliou.sands of fiir-.seal
have heeii taken, and of the life nnee so prolilic there nolhing is now left save such remnants of foiiner
herds as shelter on rocks and islets almost inaeeessilile to the most daring hunter.
'Ihis record shows the iieaily com]ilete destruction uf these vahiahle animals in southern seas.
Vriipi'ily protected, Kergueleii Land, Mas-ii h'.iera, the Shetlands, and South ( n'orgia might have lieen
hives 111 iiidiisliy, prodiieiuj,': vast wealth, training-schiiols for hardy seamen, and furnishing employment,
tor tens of thou.sanils in the world's markets where skins are dressed, prepared, and distiilnited. lint
the liicaliiies were no man's land, and no man cared for them or their products save as throiigli
ili'stnictinn lliey (•ould he transmitted into a |ia.ssiiig profit.
The seal life of to-day availahle for commereial |iiirpose.s is centred in three localities: —
I. flic hollos Islands, situated in the inoiith of the liiver l.a Plata, owntril and enntrfilhil hy the
I'tiiieiav h'ep'.ihlie, and hy thai liovernment leased lo private parlies for the stun of ii,Oli(l dollars per
iiiiiiiiiii and some stipulated charges. The aiiunal |iroiincl in skins is ahont l:.',Oil(l. The skins are of
wtlni' inreiior iiuality. Insiillicient restrictions are )ilaeed upon the lessees in regard to the iiumher
of sklii-^ |iermitted lo in; taken annually, eon.seipieully there is some waste of life ; nevertheleas,
the iMcasiire of protection allowed has insured the preservation of the rookery, and will contimio
Sill.ill.l.
''.. Iviiiiandorski CoU|ilel, which eonslsls of the Islands of Copjier and Keliriiig, near the coast of
Kiiiiii li.iika, ill that portion of ISehiing's .S'a pcrlainiiig to Kiissia. These islands yiidd ahout
40,01111 skins per iinnuui, of good i|uality, ami are guarded hy carefully reslriclive Uiilej as to the
killing uf teal, analogous to ihe Statutes of the I'nitcd .sllates relative to the same suhjecl. The right,
til take scaJ! upon them is leased hy Ihe h'lissian (lovernmenl to an Association of Ainerican citizi IH,
who also hold the lease of the islands helonging to the United States, and are thus enaliled to control
mill iliivcl the husiness in fur-seal skins hir the eoinmou advantage and henelit of nil pailies iii
iateicsi These islands can hiirdly he .said to have hceii " worked " at all for s.iltcd se ilskins jirioi to
t!ie r, ssiiiii oC Alaska hy liiissia to the I'nitcd .Stales, iind the I'niled States' liovernnieiit now prolits
by the industry lo the extent of the duly of id per cent, eolleelcd on the " dressed skins " retiiriiud
4 JO
to tills cnuiiliv Iroiii lln' I-ninluii luiukit. I'miii ISTJ' In 11^87, iinliipivc, lliis rotinn Ims Ih'cu
121.1.'7r. hkiiis. "
'.). Tlir I'liliylnv gidiip ciiiisisls of t'.ie l.--hiluls of St. l';iiil nnil Si. (Icdp^c, iilid is ii (lovcnuuHil
n^scrvatidii in (liiit jiart of ]!fliriii^''s Sea ceded to tlic I'liili^d Slates liv liussiii, l(.;4i.'tliev witli iiiiil a
pait of Alaskii. So cxliiiiistivc an aciount of tlit'sc islands ami flirjr seal lilV lias ln'cn {iivcii In
Mr. ]I. W. Klliiilt, Spft'ial A;_'i'iit nl' the 'J'l'i'asiii'y Ilc])ailnii'iit in IST-I, and simc iiitiiiialt'ly cnnncciiil
with llic Siiiitli.'-dnian Instilulion, wliicli ai'coinil lias liwii niadr a pari (pf Tvntli (Vnsns l!(']«irl, llmf ii
would 1 (■ inlrnsive hero to atleiniit to .sujiiili'iiu'iit aiv^lil, and tlierelor.' only .ncni'iali/.ations lw.scil im
said lifiiitt and .siicli statcmunls of lil'i' aiicl ]irouediiro on ilie island.- to-day aiu ]iruscntcd as nmv !«■
piirtincnt in (his connection.
In nil article on fnr-scals wliicdi ainicarcd in " liiiiul and W'ati'r," duly 11-, 1877,
Mr. Hoiiry Lcc ( lvii;j;lisliniaii), iMi.tS., says ; — •
It lias Iiftii stati.'d that diirinu; a jioriod of fifty years not less than liO.UHO tons of siMi-eleijIiiini <
oil, voilli iiiori' than l,00ll,0()li/., was aiiimally olaained from New (ieoij^ia, hesides an ineali ulalili-
nniiilier of fni-seal skins, of which \\c haw no statisties. Some idea may he had of ihrir iiiiiiiliei'.s iu
foriner year.s when we learn that on the Island of Mas-ii-Knera, on the eoa.st of Chile (an island not
2") miles in eircnmforeiiee). Captain Kannin.i:, of the Anierieaii ship " liet.sy," olitaiiied in 17'.KS a !iill
crop of choice skins, and estimated that there were left on the island at. least ."lOO.OOII .scuk
Snlisei|ueiitly there were taken from this i.shmd little .short of I.OUU.HOO skin.s. The .seal cati'liiiij,' wib
extensively prosecuted there for many years, the sealiiij; fleet on llie coast of Chile alone then
numherint; thirty ves.'.ids. From lle.solation Island, also discovered liy Cook, and the South Slicllaiid,-,
di.scovered hv Weddell, the miinher of skiii.s taken was at least as ^reat ; from the latter alone oL'll.fllHi
weie shii']ied ihiri i.u the two years IHL'l and 18211. China was the groal market to which lluy \vi'i>
.sent, and there the priei' for each skin was from -1 to dollar-:. As several thou.saiid t(iii.<! nl
.shippiii'.', chielly Knulish and American. W'-re at that lime employed in fur-seal catdiinj;, the prnllls nl
the early traders were eiiornions.
Does the reader a.sk what has ln'come of this ixtensivc and !i';.;hly remuneralive .soiitheiii liir
trade 'f It has heeii all hut annihilated hy man's paspini; ,;,'reed, reckless iinprovidenec, and wniilmi
cruelty. The " woefiil want" has come that "woeful waste" has made. Without Ihiaij^ht of the
I'ulure the ii;isuuidi d hnnti'i's persistently killed every .seal that came within their reach. Old ;inJ
j-onn;i. male and female, were indiseiiminately slauiihlered, in season and out of season, and thou.^iiul.-
oi'litih' ]aii's not tliou^hl worth the troiihle of knocking,' them on the head wen! left to die of lmii;."'i
ahni;,'side oi' the Hayed and j;ory eaicases of tlieir mothers. K\ery coast and island known to !«• llii
haunt of till' seals was visited hy slu'ii after ship, and the massacre left nnthiished \iy one !,'aii'_' w.v
continui (1 hy the uexl comers and coniph'ted hy others until, in eonsciiueiice of none of the aiiiiiiul-
being hit to breed, their numher 1,'radually iliminished so that I hey were almost exterminated, only ,i
few sliaitu'Iers reniainiiiL' where millions were once found. In some jdaecs where formerly iIhv
j,'ulhered looether in siieh densely ]'acked crowds upon the shore that a boat's crew could not Ihnl ni'ii^
to !u!id till ihey had dis])ersed them for a space with oars and hoat-hooks, not one fur-seal wiis to !»'
found (.'Veil so loll'.; au'o as 183.').
' Dr. jr. Jl. ]\lcliityn\ Suiicriiilciidcnl of tlic soal IKlu-vics of .\lasl\!t I'm' llic
Ics.scos, fi'stiiicd licfiirc tlic CoiiLrrcssioiia! (.'omniitlco as follows: —
','. NVhat ]iroporlion of the .seals shot in the water are recovered and the skins taken lo market :—
A. .1 think not moii' than one-tiflh of tho.si^ shot are recovered. Many ari' hadly wounded and esi:ii|«'.
We liiid every year, imhedded in hlulilicr of animals kiUcd upon the islands, larj^e ipiantilies of hull' 1-
phot, and buckshot. Last year my men brou.uhi to me as much as a double haiidtnl of lead founii in
tlieiii inibcd'led In this wav.
> ' • « • • •
Q. I want to ask ynn whether or not the o-y.'ur-old seals, or many of tliein, wliieli slioiihl liavr
returned tins year ilid not icinru because they had been killed ! — A. That seems to be the ca.se. Tli>'
inaraudiu'.; was extensively carried on in 18.S."i and I88ii, and in previous years, and of ciairse the pup-
that would have been born from cows that were killed in l.'58ri, or thai pi'rishcd ihrouuh liie Ices "i
their mollurs during; that year, wouM ha.e come upon tlie islands in IS.'<8, and we should have Iw'l
that additional nnmlna- liom which to make our .selection this year. The deficiency tliks ycnr c
ulliibiiled to that ean.se — to the fact that the cows weri! killed, .\nd I would say Inrlhcr llial if iinv,'.
are killed lale in the season, mi/ in Aiti/aiit, afier the jinps aii' born, the hitter are h'ft upon the i.'sliii!''
(Ipiirivcd of the mother's care, and of ecairse perish. The etieel is the .same win lln^r llie em.'" c
killed before or after the pujis arc dropped. The voune; perish in either ca.se.
• • » ' ♦ * »
Q. It Ihin;! conceded that the islaiid.s are their home, ami nc- one beinj; iiitel'ested other tiiiia ll"
American and I'lissiaii (!o\i rnmeiits, there would be no special rea.son why other nations wmiM
olijc.el ? — ,4. Only Ihe liovernnieiits of the t'liilinl States and Kn;_dand are iiitcresled in the Aliiskai'
seal lisheries to any ofcat exienl. The I'uilid Slates is interested in it us a, producer of raw iiialcral.
and l''.n.:.laiid as a inanufaclurer of fni-s. f lhe.se two nations wen^ a;4rccd that seal life slioiiM li-
protteled, I lliink tlieie Would be no trouble i:i fully proli'i'tinj^ it. It is a i|neslion of ipiitc us uiiifli
inleiti.sl to Kn'.;laiid as lo the Vnited Siati's, for she hn.M a lar;,'e nuiiiliei of skilled uoi kmen and :i lai'-'
iiiiionut of eiipilal en.^'aoed in this industry.
I'nil'cssor Klliotl. of (lio Sniifliscnian insiK iition, Aviio lia- s]icn( .sonic tiiin' i"
.sficntilirany rxnininiii!.': tin' Seal Islands tmd the liahits of ilic seal, liiiis di'.M'rihc-, lli'
killing po>ver ol' llie seiil-iumter at .sea ; —
431
lli^ (lower to destroy tliem is also uu.nmiintotl by the liint lliiit those tienls wliioh aiis most liiilde l^i
m«i:t liis eye iiinl iiiiii are the female I'lu-seals, wliieli. lieiivy with yoiiii;^, are here slowly nearin;^ the
hinil, .soiiliilly sh'('|iiri;4 at sea hy iiiliTvals, ami rchielaiit to haul out from the <'ool eiiihraee of the
water u]ioii tlii'ir lireecliiiL;-:.'roiiiiil-! until lliat ilay, ami hour evc m, arrivc-i which limits the period of
their ^testation.
'I'Ik^ [)elai;ie sealer emjiloys three a^'eiicies witli whieli to sceurc! hi.-' ijuarry, siz, : lie sends out
[luhaiis willi eamies from his vessel armed with spears ; he usi^s sliot-nnns and huck-shot, rilles and
Inlls: and last, hut most deadly and destruetive of all, he oaii spread the "gill-net" in favourable
woatlier.
With '^ill-nets " nnderrun " hy a fleet of sealers in liehriiig's Sea across these converging paths of
(he fur-seal, anywhere from II) to lOt) inih'S soutlu'rly from the rribylov group, 1 am moderate in
siiying that suih a lleet eouM utterly ruin and destroy those fur-.seal rookeries now present upon tho
.St'iil Isl.uLils in h'ss time tlian three or four short years. Kvery foot of that watery roadway of fnr-seal
trivil aliove indicated, if these men were not cheeked, eould iiud wouhl be travia-sed by those deadly
nets; and a seal coming from or going to tlie islands wouhl have, under thi' water and al)ove it,
■j.-'ari'iily one chance in leu of s.ifely jm-ssing sueli a cordon.
Open those waters of liehring's .Sea to unchecked pelagic sealing, then a lli'et of hundreds of
vessels, steamers, ,shiiis, ,scho(pners, and what not, wouhl immediately venture into thiiin, bent uprm tho
inest vigorous and indiscriminate .slaughter of thesi- lur-.seals ; a few seasons of greediest rapine, then
nothing wouhl be left of those wonderful and valuable interests of our (Jovernment which are now so
haiuNiiiiiely endjodied on the Seal Islands; but whieh, if guarded and (.'onserved as they are to-d.iy,
will last for an indefinite time to come as objeets of the highest commercial good and value to the
uiirlil, and as subjects for the most fascinating bicdogical study.
Shouting fur-seals in the o]ien waters of the .sea or ocean with the peeuUar shot and bullet
i-arliidges u.sed invidves an immense w.aste of seal life. Kvery soul that is merely wounded, and even
if iiKirtally wiiundej at the monu'nt of .shooting, dives and swims away instantly, to perish at some
[wirit far di.stant. and to be never again seen by its human enemies ; it is ultimately destroyeil, but ifc
i.s lost, in .so far as tlii> hunters are eoneorned. If the seal is shot dead instantly, killed instantly, then
it enii he ] licked up in most every ease ; but not one seal in ten fired at by the; most skilful marine
hunlers is .so shot, and nearly every seal in this ten will have lieen woundiid, many of them fatally
Till' irregular tundiling of the water around the seal, !iud the irregular heaving of the hunter's boat,
iKjtIi ;ieting at the .s.inie moment entirely indep<'ndent of each other, making the dillieulty of taking an
ui'iiiniic aim exceedingly great, and the result of (dean killing very slendcT.
Ml', (joorijt; R. Tiiiijlo, I'uitod States' Treasury Agent in diari^e of the fur-seal
islands from April 1885 until Aut,'ust 1880, testitied as follows : —
y. It is .Mr. Melulyre's opinion tliat tliey have not only not increased, but Iiavo decrease.! t_«
J, There luus lieen a slight diminutior. of ,seals, probably,
(,). To what do you attrilmte that ' — .1. I lliink lliere have been more seals kilhid in the sea than
I'M'r liefore liy niarauder.s. I estimali'd that they .secured ;!li,(ili(l skins in 1887, and in order to secure
lliiit nmuber of .skins they would have had to kill .'50li,0l)0 .seals, while this (.'ompiiuy in t ikiug
liK),(lll(l ou shore destroyed ludy lliir(y-one seals. Tho.se were killed by accident, ."iometimes a young
ii'.il, or one nut intended to be killed, pops up his iiead and gets a blow unintentioually.
(,>. The wa.ste of .seal life was only tifty-three in 1S,S7 '. — J. Yes, Sir ; in securing 100,001) skins,
while these mar.iuders did not kill last year less than .'illO.dOD, The logs of marauding schooners have
I'alh'ii into my hands, and they have convinced me tliat they do not secure more than one seal out of
I'Vc'iy |i>n that they mortally wound ami kill, for the rea.son that the seals siidc very nuickly in the
Wilier. .\Uowing one out of ten, there would he ;!lll),l)Ull that they would kill in getting :!0,llOO skins:
-OD.Iillll nf those killed would be females iiaving 'JOII.OOO pups on .shore. Tho.se pups would die by
reiiRiiu of the death of their mothers, which, added to tlic :'iO0,OOO, makes fiOO.Otm destroyed, I am
incliiicil to think, because the seals show tiiey are not increasing, or rather that they are .it a standstill,
that inure ihan IJilli.llUt) are killed hy marauders.
(,'. Vou are of tho opiiuoii, then, that the marauders are killing
''"iiiiiiercial Company ^—.,l. Al leitst five or six limes as many as tin
■ire killing.
(,'. What will lie (he eli'ect if more stringent measures are not taken to protect the seals by ihe
iniveniiiient ( — .■(. If more stringent measures are not taken, it is only a i|nestiiin of time when these
•I'lils will he driven nltimalidy to seek some other lionie where they will not be molesUsl, They ^^•ill not
lontiiiiie to be harassed; and, if lliis marauding is continued, they will, in my opinion, eithcT bo
',TH(hially e.\termiuated, or will leave (lie islands permanently and land al some other place, Tlioy
miiv go on the Kussian side.
V. Will marauding increa-ve if (he (lovernment does not dike steps to prevent it ! — .1. I think .so
(,i. Is it practicalile (o prevent it ' — A. Yes, Sir. If we did not allow these cheeky, persistent,
iiwileiit Ihilish t.'olumbia se.imeu to go there and defy the I'niled States and its authorities, it would
M'ly siiiiii be „t"i;ied. When our rovenue-eiitters ,sei^e the Piritish scleiiinei-s, the eapt;iiiis are very
iii~'"leiit ami deli;. at, and claim ihtil they have a strong (b)verument at their backs. I am now reCn-ring
Kill "ularly to Captain W.irner, of the " Unlphin," He .<aid in 1887, when ea]itured, " We have got a
MMi'.i (liivernment at our backs, and we will light you on this ipiestion." " Very well," , says (Japtain
S|ii'|i|i,.|il, " I have got a sirong ( lovenimenl at niy back, and I am going to do my duty. My Covern-
iiii^iit .sends me to protect these seal luokeriei. I iiiii chareed by ibis .\dniinisli,ilion 1 il'or^i the
liw, mill I will .--Lize all mnr.iiiders."
• ♦ « • ♦ t
more .seals than tho Alaska
.\la^ka Commercial Comjiany
132
Q. 1." '.vcic s|i(akinj,' iv 'vlulo m^m in i<';,'iiiil U< ilw aiiiiniiil u\' simI lifr ili'.-,lr(iy('il liv inaraiulnra.
tiiui tliiit ii I'lipdiiii hall given tlu' iniiiibiT (if himIs lU'stioyod. llavt^ ycm seen any nf llii' iDU-linnkn of
thoso vessels ! — A. Yes, Sir.
Q. AVill yiii .stalls wliat ycm i-enieiuliev w itii refjiinl Id tlie niimlier «( seals lust nr ea|iHiriil Ky Umse
vessels? — A. I veiiieiiibcr leailini; the lo'j-liixik nf tlie '■ Aii.;;el Dully,'' wliieli I ealitnii'il. Then' wiu
an ontiy in that Icij;-liriuk that read as fullnws : " Issueil lii-ilay tii my Imals ;10() rdnmls nl' aiiinnniilion.
A.I. iiijilil lliey enme in with the aiiiniiniitien all ex|ien(leil, and dnu seal-skin."
(J. 'J'liey liail .sli4it .'!(IU rduiids el' annnnuition f — .(. ^'es, Sir. Aniilher entry I .saw wils: ' Siwen
Koals sl-.dl IVdMi the deek, lait enly .■.eeiired ene." All lest hut dlie. .\ndtlier entry: "It i,s V017
(lisc.iairai^iny- td i.ssni' a lar^je ((nantity cil' annniiiiitidn td ydur hdats. and have sn I'ew seals reliuTiod,"
An entry was made in another [ilaee. wlu'rc he |.':>.ve it as hi.^ npinidn that he did net seizure one seal-
skin out df every fifty .seals wimnded and killed.
Q. Have you .seen seal-skins njidn the i.sland that had hi'en shut ' — A. Very dllen. We i;atlier
Imiidfiils df slidt every .season.
Q. Di'es that injnre tlie market valui- nl the skins? — ./. I'nd.''nlpledl\- .\ny In'le is .m iiijary l<i
t!io skin.
Extract fVcmi llr. Tiiiuile's IJcpDrt to the Truasiiry Dcpttrtinmt : —
I am nnw idnvineed from what I gather, in finestinninL; the men IrelcpniiinL; td eaptnn-d -eheniu'r.i
Hud iidiii readin;; the luf;s of the vesscds. that ndt in'rre than one seal in ten killed and mortally
wounded is landed en the boats and skinned; thus you will .see the wantdii destnietion of seal life
witlinnt any benefit whatever. I think oii.tiOO skins takeu this year by the marainleis is a low
estimate on this basi.s ; ,''00,000 I'nr-.seals were killed to .seeure that nnndier. or three limes as many in
llio Alaska Coniinereial ('omjiany are allowed by law to kill. Von can readily see that this i^'rca!,
8!an;,diti'r of seals will in a few years make it im|ids.sililu fdr lOn.OOO skins to be taken on the islands
bjt tlu! lessees. I earnestly hopo more viu'orons measures will be adojiled by ihe I loN'Tninent in
dealing; with these destruetive law-bntaker-
William Clavitt, an Agent of tin' I'liilcd Slates' 'rrcasiiry, 'j^uvr this loliinoiiy :—
Q. 1 under.stuud you to .say— for instance, takin<4 1S87 or 1S«S -that the 100,000 .seals taken
upon the islands and the 40,000 taken and killed in the water, if no ;;reater amount was taken, tiiat
thoio would be no |ierei'iPtibli! diminution in the number of seal; that by tlie natural iiieri;a-e tlw
Coinpany niiL;ht take 40,(100 more than now if it were not for thi' depredations '—J. I hail in niiU'l m
average between L'.'i.HOO killed in l.SSS and al'oid, 4li,(IOil in 1.S87.
(J. ^Vhal I want to know is this: Is it ycau' oiiinion tlial the nundier taken in llie sea. when lliey
are on tlie way Irom the islands to the feedin.^'-.urnniids, have a temleney to demoralize the .seal and to
Ijreak u): their habits, their eijididenee, i*i:e. ! — ,(. It would be lik. ly to do it They are very easily
frightened, and the di--i.Iair,:/e of fire-arms has a lendeney to frijiten them away.
I'.y Mr. .MaeDdiiald:
Q. No simIs .II-,, killed by the ('eniiwny in I hi.- wa;
islands with ibibs.
-.1. No. .'-l!i ; thev are all killed on ili,-
.lacidi II. .Motilt'iii, ;iii Aiiviil 111' tliC (ioMTUiuciit, tcstilii'il: —
(J. Do \oii ihink it e'sseiitiid Id th(> pi-e.^n-valion 'if simI life to proteel the seal in thi' waters ni
Alaska and the I'aeilie > — A. There is no doubt about it.
(', The 111 rd rould lie exterminated uithout takilio them upon Ihe i-land,-- '- .(. They eoulcl !«■
cJtterminated liy a system iif luaraiidini; in the I'.i hiiuit's Sea, but I think the number killeil aloni; tlio
British tjolumbia enast diil nut alleet the number we were killin;.; on the islands ;il that lime. hcTau.-.'
tliore was apparently an increa-e during: tlu-.se years. 'Ilierc' had been for five or -ix years up to thni
tiiru. Sinee I hat time in lk'hrin,i:'s Sea the seal have been gradually deereasini;.
(J. Von Ihiuk tlu-ir deerease is altribniable to unlawful liiiiilini; in liehriug's Sea ' ./. Ther' 1^
r:fl doubt, of that
(;'. As I i,-iili of your oliservaliiiu llieii\ muld you suei,'i si any belter lU' lln.d of liHservini; srul
life in lieluiuLr's s;i.„ thim Ihat now adopted '— .(. Not unless they furnished, more iiveuee-vi."si.|s and
niDii-of-war
Q. So as to p.'rMol the se;i ( Idselv '— ,(. I lliiuk so. I dd not thiiik the seals seattt.r mm h tlinmsli
any great di>lauie during the summer season, altliongli very late in the sun;' er Ihe smaller seals
nmve. The females, after ojving birth lo their young, .sealter out in I'ehring's Sea for fo d. \Vi'
know they lea\e the islands lo gn iulo ihe wat^'r. bei-ause they are eoiniiig and uoiui,'. Tli.'v siiilil"
their young the .same as most animals.
Q. I.nwiesi hunters kill everything they liiid. I believe., females or not '. .1. \es. Sir,
Q. When a female is nursing her young and goes out for food and is killed or wouiide.l, tlmi
roaults also in the death df her young ? -.1. Ve.s, Sir. As her youni; does not u'o into the water. 11
doe.s not do unything for soine time, and eauuot swim ami has to be taught.
(J. Tl.i! .seals are born upon those islands? — ^I. Yes, Sir; they eoiiie iheiv I'm thai (liupa'ii'
They eome there expresslv to brr'cil, bei.'ause if thi'V droppiMl their yoiin:.; in the waler the puii wniiM
drown.
(J. llo you ihiiik the value of the seals justifies llie poliey that the (lovernnieiil piirsuis , a ilicir
preservation and protei'l ion ? — ,(. Ve:i, Sir ; I do,
^1, .\!id tindi r a ri>.'idly enfoieed system proleetiug --enl life in the waters of ih.-.- -eas dn .ii'i
433
tliiiik liu^ Iirnl cdiild In; iiiatfriiilly iiK.Toasoil ? — A. I think il wimM. I l.liiiik tlieru in no ilotibt but
wli.it it wuuld.
Hilwjii'il Slilclds, of N'jiiicouvcr Islaiul, a sailor on boanl thi' ]}riti.sli scliooncr
Caroline," ciiifriLtcd in soal-lutiitini; in H(;liriiiii;"s Sea in ]S8(i, tostilied, aftci- tlie
vessel AViis seized, that tin- (iSd seals taken dui'in'^ the whoh- time; they were cruizing iu
the open sea were eliielly I'enialos.
.\lr. II. A. Ulidden, Treasury Agent, vecialled, testified as follows: —
','. I' 1 till' imiiiliui' (if skins l,iki.-ii yim (•stiiuiili'ii tlic iiiiiii'uiT killwl f — A. Tlial swisnii 1 know
tliijiv wori' lliiity-livi^ vcssuls in the wn, iiiid \Vf cajitureil lll'tccn \i:ssi'ls. 'Y\h: catches of llic V(ytsc!s
wore puhh^hi'd in tlic iia|i(M-s when '.hey anived Imnie, and avenc^eil fnini 1,(JIIU In 2,"iUil skins eaidi.
(,'. Viii (-.liniale, then, that dmin^ thi^ seasim du.ti'lil skins were taken ? In killini; iheni in the
uptMi se;i they du not recover every seal tliey kill ! — A. Xii, Sir; I do not think thi:y do. In fact, I
knew they do not, jiid;;in;j licini the anionut of sliot and leail taken lioni the .seals that aru afterwards
killi'd en St, I'aid and St. (Icorije Islands.
(/ Sfi that the destruction of the seals in the ci]ien sea woidd lie much in excess of the nunilier
taken, prolialily ? — A. I have no very accurate infonnalinn on which to hase an opinion, Imt I should
juili;c that they hist from 10 to Oil per cent, of them. I .saw a ^'ood many sliot from llie boats
,is I was a|i|iioachinj;, and think they lost two or three out of live or si.\ lliat 1 saw tliem shoot at.
','. I-'omi yoiu' oliservations liave you any reeonnnendalions or suoir(.'.-;tions to oiler, the adoiitioii of
wliirli wuuld K'ad to the li(!lter preservaticjn of .seal life iu these waters than is now provided by law ? —
.1. There is a dillereiire of opinion as to the construction of the law. I firmly believe that the
tl.jvcinii.ent should either protect the islands and water in the eastern half of I!nhriu;,''s Sea or throw
up tlhir interest there. If the r>i!hrin;.,''s Sea is to be re^'arded as open for vi'Ssels to ;.;o in and capture
.-uils in the water, they would be e.^terininated iu a .short tune.
.tiniony :—
the waters nl
Svxoi'sis of i;, ply to Mr. ni.due's Letter to Sir .1. I'auncefote of March 1, 1890.
Mr I'daine's reference to iuiliserinnnate slau^^hter— note iu point
I'Atraordinary ])roduetiveness of seals
lemkcries in South I'acilie withheld extensive raids for years ...
.Veiu' of Tacitie tisheries ever ecpialled tho.se of the I'ribylov group
History of South Shetlinid Islands, and wholesale destruction theieou ...
jlcsiructiiai at .Mas-ri-Kmra
Cli:i]iel of o|.iniou that Km.ildO a-year could have l>een taken from the Shetlands
nialer jiroper restrictions
Pups in thonsands found dead on beachi;s ...
Iiii'orrect statement in liepiut of the IIoir-<e of I lepre.sentatives a.s to rookeries of
tlie world
l.'u-^ian Memorandum of .Inly 2'\ IS.S.S, i-nuineratiui,' rookeries
Cape of (jood Hope rookeries, and the protection cf same
l)c-truction on these rookeries Inimerly — pla;_;in —revival of mokerics luider
re^'ulations.
Sr.ijj '^Iml— sialt^iucnt that one oidy in si'vcn is shot-. — i.i,iitradicted by <';uiadian
hunters ...
•Ml. Kl hot I nerrin'.' aim of Indiiin hunters
I'railici' of hunters
Statement of facts laior to ami at linn' h^asi' of islands to Alaska Commercial
I'oiniiany (l.STH) — le.s.s<'fs permitted to take ItlD.odi) a-year
SlaULihter nndei- l!us.i;ui rule ... ... ... " ...
r.ihK' shnwiu'.' catch, I.SI7-iiil
I'lidiniinished .'.indition of isl.inds. ISi'iS, thouirh li.llOll.llilll laki'U ISlI-Vd
"iil.Ooo .seals kilhii on th.' Maud of .St. (lecuye in ISi'.S
l.'.n.iioo killeil mi ihe Island of St. I'aul dnrin:,' the same year...
Il'iieral laHlauurlil — :illil,lHIO killed in ISt;'.i...
.VNlwiihsiiiiidin.i; the above ilc-lrucl ion, IIIII.OOII a-year miixhl, .Mr lioutwcll stated,
he killed witli prolci'l ion in and aroiuci the islands
Ml. Ilall of .sami'. opinion in ISTO ,^(()tl,l)l)ll a-year may safely be killed)...
rcmuc of lease allowed IMil.OllH a-year— any male" .seal of one year or over—
iiativi's Id kill pups for fond ...
Dpiiiinn iif Connnilti'C of House nf llepresiaUativcs that .se.ds n'qnire protection
dnriii'..; UMi^ralion, and fur .'lO miles south-east of rookerii's while scaivliinj; lor
l""d, which dill'ers from .Mr liliMia-'s proposition
Mv midden's testimoiiy--nierely his opinions, not li:ised .m praitieal knoudeil,i^e ...
■Ml, Taylor's testimony ... ...
I'll i-lauils in l,SS|--as to seals' intidliLjcnce and hours for fc'din;;.
N'e I'lills icniaiu on islands alt summer — writers and a.!,'enls coutiadict this
■Mr. fayliir admiis that killiuu; occurs iusliure, where tlie .sea, is black with seals ...
Ilii-i witness, while staliui; that youn.i; pups an' lost, does not instance tindiiij,'
dead pups on the islands — his admissiiui that .si'als have not .liniiiiishcd.
11231 3 K
Paee.
-i:;o
■t:;(;
H'.r,
i:;r.
■i.'ii;
4:!i;
t;3ij
4.'ii;
■l:ir.
4:17
4:17
4:;7
4:i7
4;;7
4;;7
4:!7
4o7
4:!8
4.'1S
4:18
4:!S
4:i.s
4:1s
4:18
4:lS
4:18
4:10
4:;',)
4;i'J
4M
Cliifl' ilaiiiaf;f dm' to iiisuHiriclit liroti'i'lioii <il' islands
Mr. Williams' tcsliiiiipiiy
Nu pfi'siiiial kniixvledjic as tii llio seal — iflris t(i wniit iil' indtictioii (Hi island
di'pri'datiiiMs npi
T ijf Kfals licin!,' taken when lia-^sin;,' Ali iilian Islam
cd
in (la.! iiKiki'i'ii's U>v last Uiiec i>v IVaii' vimu>
Mr. Mclntyiv, (lnvi'iinncnl .V^cnL, al'lfiwards a Sii|iriinli'ndi'nt I'lii- llic ( 'imiliaiiy...
Thinks iinc-lirili uniy ul' si'als slail aiv li'i'ovt'rcd — lunnd seals witli slait —
attriliii.is dcliciiMicy nf .seals in 1K.S8 to the lad tliat mws ucrc killccl -
altfiiilits III leduii- L'stiniate, as tci nunilicl', ol' Kllicitl and I 'all liy (inediaH'
— lai'.'u d
It'uira.sc in
lSH7-,S«---df
consiilcvalilc |ielccnta,i;c ol' killed
■ sinci' IS.'f^, es|ie(ial
. IH.Sl-
ii]i (if males— 411.11110 skins in
ISSO and 1887 taken in Helninji's Sea — this merely a .surmise — 8(1 cir
IKl jier cent, of eateh fenndes — |i(isitivc' lestimiiiiy nf lliis \vitiic.s.s on
matters nf o|iiniiin nr hearsay his stateliaMil that islands nmncilesled
liiim 1870 til 188.") iiicurreet, as well as .statement as to decrease IVnm
1882 and 1884.
.Mr. Klliiitt's lestinainy ...
I!e|iiirl reenrdinj,' him hy Mr. .A[(irris in 187'.' — Mr. Kllintt's evidenee liel'iivti
('iinj,'ressirinal Cnnnnittee ■,'ijes fmlher than his jirevians wrilinus — his
statement re^'urdiny luss nf wunnde'd seals eiinlradieted.
Mr. Tinjjle's testinmni' ...
On islands, I88.'i to 188li— sliirhi diminnliim iimlialilv eahidatimi nf ealeh
fr
■iiiii entr. in Uv' nf " Anuel I'cillv
-e.Ntranrdmarv
iirdin:
i:row (if " An,^'ol Dully" — Mr. 'rinj,'l(; cuntradiels Mr. Alclntyre — iiiciease
since Jlr. Kllidlt's I'dunt, 187Ci, 2,l.'!7,00(i — critieism nf '.Mr. Kllintt's
statement ir. decrease, and |inints nut that Mr. Kllintt was nnt nii the
islands fnr fuuiteeii years.
Mr. W. Gaviit's testimnny
On St. tieiirj^i! Island. 1H87--88 — had character nf emiilny('s nf (.'nnijiany — iin
means nf A^'cnls knnwin" nf nnlawfnl killin''— nn a''('nt can ,sav when
:.enls an
•aptiired I
iff the i.slands — lessees 1
aiv seal.'
Is killed at Onnalaska—
frnm (iovernment and nne fmni tin
Aj,'cnls drawin;;' Iwn .salaries,
Comjiany.
Mr. Aloulton'.s testimony, 1877-85
Inereu.sii in nnndier seals tn 1882 —
to catch nf mothers.
I'klward Shi(!lds, .sailor, as to catch of li8(i .seals, chielK females — c\istnm nf hunter-
tn I88."i — niiininn ai
id evidence as
to cda
skins nf seals under lhns(' of luature sea's as females
Mr. (Hidden, recalled, hased his estimate nf •10,0IMI catcli from iiewsiia]iei
Inexiieiicnce nf witnesses
No crnss-examiuatinn of witnesses
he n|iiiiinns of witnes.ses
Their o|iininiis an^ sulislantially that females nursinj; j;n nut fnr f(
Tl
vliei
Ls.sue
away frnm islands are shot — izreater part of catch in Hehrinji's Sea nii
up nf females — many of the .seals .shot are lost.
joined nil these
liv Call,
idiaii (Iovernment. .Seals
III
iiciteclcd and
nf pups pi,
Did'e
increased in iiumlier liy (1) jiroper jiatrol of islands ; (2) killi
hiliited ; (.'1; rednctinll of pll)is In lie killeil nn islands; (1 limit of I.'iolitlis
for killiii.Lj; (oi pivvenliou of kii' •■l; hy Aleuts at the Aleutian Islands
' lielw
ceil llou.se of licpicseii
utalives' Conunittei! and .Mr. I!
aine as In when
llijurv lie.uaii In islands — 1880 or 1880
Important to shou- how iiisipiificaiit catch of Cauadiau sealers cnnipared with
deinedatinns successfully survived hy islands
Depredations on islands ami calch mitside islinnls —
1870
1872 ... ... ... ... ... ...
1874
187o
187(i
1877 ... ... ... ... ... ...
1878
187'.l
1880
1881
1882
18H:t
18,^4
1885
188(;
Xoiie of the depredalious were coiumilted hy (.'anadian .M'alei--
.Mr. lilaiiic refers In increa.se and ]irnlilalile pursiiil nf iiidusiiy dnwn In 1880
"resent value iiiiil cniidition of islands heller than ever
■jmpaiative oilers for lease oi' ivlaiids, 1870-0O
430
4:i9
■no
4411
Ml
44-J
44:;
441'
44J
44'.'
44-J
41:;
It::
44:i
44:;
14;;
44:;
14:i
44:;
44;;
44;;
14;:
14;;
144
444
444
444
444
144
414
44:
44."
.(.(.■,
44;".
435
Tunc
Kimviumis iL'iitiil and |iii)lils received l>y I'niteil Stales IVoiii llie islamls ... ... li.'i
|lccei|it.'< iind <'.\iHm.9es--'.),"i-ri,i;n:! dollars reeeived liy the I'liited 8lat(!.s in e.\eess
III jiiiiclia.^e jirice i)f .Maska... ... ,,. ... ... ... -iih
.Maivelliiiis iiiereasu (if seals in spite nC depredatioii.s rel'eri'eil to ... ... 445
18f)!l, l.TU.S.IMMI— IHTI, -t.TlMl.llllll— I.H84, ilierensiii^— 18H,^>, no p|iaiii,'e; eoiinl- ■ ,'.■
less iiniidiefs -ISH7, -itill on (lii' increase — IhfjH, no rlianu'e.
Willi total of 4,70l),(liM) in 1S74, Lieutenant Mayimid of npiiiioii ll-J,iliiii youii;^
male seals eiin lie safidy liilled annually ... ... ... ... 44(j
li'el'eii-nee lo .Mavnafd's and Itryant's IJeport US to liiiliits of seals supports Caiiudian
eonleiilion ... ... ... ... ... ... ... 44li
(,'iuiailian (ioveriiinem eonteiids few femiiles in ealf ever taken in sea ... ... 441)
More feiuiiles in a lierd than males ... ... ... ... ... 440
Canadian contention sii)iported liy lollowiiij; facts: (1) seals on rookeries still
increasing,'; ('J) old Imlls ^^o into water at end ol' riittinii,' season and do not
return to islands — Clark oti males drivin;,' others oil'; (I!) two-thirds of males
not permitted to land at rookeries — occasional visits lo land — yeiirlinf,'.s arrivo
middle .fidy— iion-lireedini,' male seals eipial breediiij,' .•-■eals (1,51)11,(1(1(1) —
liaclielors not |on>; on shore -females do not feed until youn;; fin into water ... 44t)
Hulk of seals conliiied lo island until ice surrounds islands ... ... ... 447
N'ever eat until deiiarliire (see Mr. .Mclntyre's I'eport, p. 44M)... ... ... 447
Hulls prevent mothciH takini; to water ... ... ... ... ... 447
Itmikeries full lo .Inly :;,"), and riMiiaiii in limits ... ... ... ... 447
N'li -^eals sick or dyinix on islands ... ... ... ... ... ... 447
Cimadian contention sii|ipoitcd hy Keporl on International l''isliuries Kxhil'ilion
f London, l'<8;i)--,Vatnre has imposed a limit to their destriiclioii ... ... 117
Mr. Mliolt. in 1H74, aj/rees with the ahovi' conlenUon — the ei|iiililirium of life
rc;;nlaliMl... .'.. ... ... ... ... ... ... 447
.Seals u'el their fish in North I'lveitic ... ... ... ... ... 447
Mr .^il Intyre's Jieport as to haliits of .seals, ISOO ... ... ... ... 44s
Seals take no I'ood until their de|iartiire from islands in Xovcmber ... ... 44S
The duty uf (iovernment to padol islands — Mr. Tiiiyle in IS.Sti asks for cutters to
liatiol islands — Mr. Moi'Ljan recomniends laiiiii'he.s — Mr. VVardman alludes to
iiiadeipiaoy of protection 111 islands ... ... ... ... ... 44S
Ml. Williams points oiil insuMicieiiey of iirolectioii to islands ... ... ... 448
Mr. Taylor says, in ISSl. the dilllculty arises from the want of heller lirotectiou —
Mr. (Hidden a;4recs ... " ... ... .. ... ... 448
Mr. lioiitwell, Secretary of ihe Treasury, in 1870, conceived the duty of the (iovi^rn-
nienl was to (>ltlcieutly "uard " in and ananid the islands" ... ... 448
Tile inlerests on helialf of a monopoly cau.se diveri,'ent views respecting the
priileclion of .seals ... ... ... ... ... ... .,, 44'.t
Ml. liryanl shows the value of the h-ase in eonferriny u monopoly — Mr. Jfoore
illustrates this ... ... ... ... ... ... ... 44'.t
When the Coiu)iany look less than 1110,000 seiils it did so hccau.so the uiarkel did
niil demand ihein ... ... ... ... ... ... ... 440
.Ml. .Ml Inlyre shows that 800,(1(1(1 won>. once thrown into the .sea as worthless when
the market was glutted ... ... ... ... ... ... 4.'pO
Killcr-whales aud sharks the enemies of .seals ... ... ... ... T.'ll
-Man's as.saults at .sea small in comparison to tlu' natural enemies of the .seal ... 45(1
('(Uiadian .system of hunting ... ... ... ... ... ... 450
Mr. Klliott shows thai if tempor.iry dimimUion does occur on the Islands of
St, I'aiil and .S|, Oeorge. tlie nii.ssing seals are probably ou the Ku.ssirai
islands ... ... ... ... ... ... ... ... 45(1
Mr. Tiipprr lo .S'/r ./. Pauncfjote.
I>i"ir Sir .liiliiui, The Arliiiijlon, U'nshiiiijtoii, March 8, 1«!)0.
I iiiivi; (lie lioiKitir to inclose licrcwitli a .McnioraiKluiu |)i'('|)art'(l by nic in reply
lo the Mi'moraiKliiiii sent to voii bv Mr. lllaiiio. and wliicii voii iianded to me upon
the 3c(l instant.
1 send you a ropy Cor yoiirsidf, oiii' for Mr. Blaine, and one for M. de Stnivc, the
H(issi,iii .Vinbassador.
I also have tlic iioiioni' to forward hercwitb a valuabit! paper upon the subject,
picpaii'd hurriedlv bv tb(! Assistant Diroetor of tlio Ooloo'jcal Survey of Canada,
George Dnwsoii, 1)..S." l'\(i..S., F.R.S.C.'., IM! .M.S.
I may iild llial Dr. U.iwson was in (diariro of tlie Yukon lApedilioii in 1S87.
Copies of bis paper are tiLso inclosed for Mv. lUaine and M. de Striive.
I am, &c.
(Signed) CHARLES 11. TUl'PEK.
128]
3 K 2
436
Mniwmiuluiii ml Mi: lltnine'^ Lcllfr In Sir Jiiliiin I'duiurfnli , iln/iil March 1, 1890.
Ill llic .\]i|i('iiilix til Mr. liliiiiir's li'llcr nl' llic 1st Miuili, (ni llic Ihinl ]i;if,'c, is iiii oxtriu't from a
IJejKjrt to tile lliiUM' of l;i'picsi'iit;iti\(>i. in [ullnw.s ; --
'* 111 furmcr y<-:ir.4 lur<tit'iiU wrv fniiiiil in [;rf.it irjiiibiTK on vAri'iiiA i<<1;uiilii of the Smitli I'lirific Ocrmi, tint nflcr u roripnntivi-l*
ihort period nf iii.li-^rriiiiiliiitt' ^l;ul^)ltl:^ tlii,> r'luki'rii's wi-re ilrBerlvi), llic; uniinul^ liiiviiiK Ix-iii Itillcd or ilrivt-n t'rnin tllt'ir haiiiiti.''
While it is ailiiiiltril lliiit iiiilisiiiiiiiiiiiti' slinij^litris iipnii llir ruuki'rii's arc irmst, iiijurimis to tlii'
maintciiaiwi,' 111' si'iil liji', it is ilciiii'il thai iti the liisliiry nf tlii' I'lir-scal iinlustry any iii.stain' n 1k'
foniiil wliorii u niiikcTy lias rvi-r liriMi ilcsliuycd, (liipli'tnl, or cvrii iiijiirrd 'ly tin' liillini,' nl' seals at sen
only.
Mr. KlliotI, Willi is i|iiiilril liy Mr. IJliiiiic, ailiiiits lliat tlic niiikerifs in tlie Si.ulli I'acilir withstood
attacks lit' the must c.vli'iisivi' iiinl ih'strnitivr chiirai.li'r I'nr twenty years, when yuiini,' ami ulil inalw
and fenailes were iniliseriniinately liiii',el<e(l nil the head n]iiin their lir liiiL:-j,'riinnilH ; and Mr Clark
(H. 1!. Uejiiirt \ii. ;'.M.S:;, ,"i(Mh Ciiiieress, L'nd Sessinn, |i. HI) (ells ns that in JS-JII thirty vessels mi tln'
i.slaiids (.South Shel lands) tmik in a lew weeks L'.'itl.dllil skins, while tliunsands weie killed and lust. In
l.SL'l and ISliL', ;!1'II,IMI|) skins were taken, and l.'iO, yuiin^ seals destmyed. Nmie of these islaml.*,
liowever, weru ever freiiueiited liy tile niillimis whirh liave heeii I'nniid mi tli" I'riliylov },'riinip for ovor
twenty years.
" Tlit'se islands cunttituti' tin- iiii»l valuulile ruoki-ry nr liro'tliiig.itlun- nl' tlnH* aiiiiiijU t-vi-r Itiiown tti iiiiui." (11. R.
Kvport 3883, .MItti Congro.«ii, pp. Ill, 11'.', Hon. C. A. Willimnii' ivrillcii .^latt'iiieal.)
Professiir Elliott (in his evidence, [i. 14'_') mentions one ]ier.soii who, when with liini at the isliiiids.
estimated the niinilier at li;.iMi(l,(iOO.
The li'e]iiirl of liie ('iinj,'ressiiiiial ('nliiiiiiltee nn the Alaska seal tisheries states tliat indi.sriiiiiiiiiili'
slanohter in the early jiart of the nineteenth eeiilnr\ eaii.'ed a desert inn of the rnokeries, and it oiiesini
to say that in ISL'll and It^L'l, lllKl.lllll) v.ere taken in an indiseriniiiiate fashiim at the South .Shetlaiiil<,
and, at the end of the secnnd year, tlu' siieeii-s- had there lieeli almost I'Xtermiiiated.
The Iloniniralile t'. A. Williams, whose evidence is cited and relii^l iiimn by Mr. lilaiiie, sii]j]iiiiU
this view (see p. 1 11, II. 1!. Keport Xn. :i,S.s:i, riOlh f 'iin;,'ress) ; lint, as a matter of fad, while seals arc
admittedly nut sn plentiful in .Smith Shetlands as heretofore, owin;,' to wholesale destnietioii on the
lireeiliie_'-i;riiiiiids. so ]irolilii' are they that, in l.STl', S.lMlll skins of " the choicest and richest ijiiiility
were ohtaiiied from these islands. In the ne.\t sea.smi I'l.OlKI skins were taken there, and in IS74.
J (1,11(111 skins, and fnuii isyil to I.S.Slithe sealing Heet liioni;ht home '.•!'. T.'.ii fiir-.seal skins fnnii thc.Sniiili
Shetlands, and the vicinity of ( 'ape Horn end Tieira del Fne^'ii." (A. Howard I 'lark, p. 4(11.', Ci.niini.-sidn
of Fisheiies, Fishery Indnsiries I'liiteil States, section o, vol. ji, 1S.S7.) In this reeard, it may here U'
noted that this extract refers only to the catch of .sealers which lilted mil at .N'ew London, Coiinecliail.
and dues not einlmice the operations of .sealers from other countries.
Mr. Claik descrilics the manner in wliich (he .seals at Mas-ii-Kiiera were attacked. At |i. 4(J7 nl
the article almve cited he points out that lietweeii the years IT'.Hi and ]S(l7, l!,."i(tll,ll(ln seals were
iiht.iined from this island liy Kn;,'lish and .\merican ves.scN, and in 1S1!1 the island was '•iitmoit
aliandoiied hy these animals." Mr. Clark also shows that in 17'.l7 there were only L',(l(i(l,(lOI) on tlit
i.slands, and yet in seven years mure than .'i.ilUli,(llll) were carried from thi^ islands lo (J.inton, China.
Mention is made, too, of fmirteen sliiii.s' crews on the island at mie time killini; .seals. At p. 408
mention is inado of from twelve to (ifteeii ert^ws on sliori! at the same time (Ameiican and Kii;;lisli).
and that "there were constantly more or less of ships' crews stationed here fir the purpose of tikin;;
fur-.seals' .skins," from ]7'.'o to ISil".
It is eontended hv the Canadian (lovernmenl that a reference In the history of this islaiul i.<
entirely lieside the contention on the inirt of the I'nited .States that it is neccsary to keep sealiiie i/ml't
hundreils of miles away from rookeries in order lo ]ireserve the seal life on the lirei'dinj,'-eroiind.s.
The eansi! of in,jiiry i.s the same in all the eases mentioned, and Mr. Chapel, in the .\ppeiiili\ to
Mr. I'llaine's letter, now under consideration, at p. ."i well says; —
" It is stiiti-il tliiit ut the Shi'tlimiis nloiie [which iiuvrr iH|unlli'd tlie prei^iMit condition of llu- I'riljylov group. iiMiitioiifd liy Hmi.
C. A. Williiiiiis, iilroady (juolcd], lUO.nUO per aniiuiii iiiiyht liavo hi'eli obtainod mid the rookiTit-s prfser^oi if t.tlti'ii iiniU'r (irni*r
rt stni'tion^ ; luir, in tho easorness of nicii, old and yoiiiiK male and foinale i-t-aln were kill.'d, and lilllr pups a few days old, deiirio-J
of thi'ir motliiTs, difd hy thousands on the beaclie.s " — [it may here he observed that not a rii.se of dead pups was ever found on the
I'rihylov group, bo tar as the Reports on the islands show] — " earcasea and bones strewed on the shores."
This statement, cited in the I'liitcd States' Case, is diiect authority for llit' Canadian euiitciitioii.
It illustrates three im]uirtant luiints : —
1. That indiscriminate slanj^hter on the llrcellill,l;-,^'rollnlls is injiirioiis and in time destructive.
2. 'I'hal when tlie mothers are killed, the youn.L; ]inps, dyiiiL; in ciinseinieine, are found on the
island.
.'!. That l!e;,'nlatiiins of the numlier to he killed on tlu' island, with careful su|iervisieii, will
maintain llie rookeries indejiendeiilly of ]iroliihitiiiL,' sealini,' in the waters.
The liejiort of the House of riepresentative.s states : —
" Tile only existitiK rookeries ure thoee in .Aliuiku, iinuther in the Russian part of llehrinir's Sea, and a third on Lobos Islanil, at
the mouth ot tile Kiver Plate, in South Ameriea."
The statement is incnrroct. Imimrtant omi.ssions occur, since the eases hd't tint, when e.xamiiiwl-
show that, niitwithstandini,' all of the exlriiordinary and indiseriminale slaii,i,'hter of past year.s, it is
possihle, hy careful supervision of the rookeries alone, iiiid of the stals while mi laiul, to revive, rostorf.
and maintain lucrative rookeries.
diluting from an extract from a liussian Memorandum re.speetin;.^ the huntiiie; ol .suids, cumiiiuiii-
1^7
Ut II <'OIMli(lMti\fl)r
tlii'ir hiiiiiiti."
Iljiuiciu.s to thv
iiiHtniiii' Clin W
■ 111' si'iils at sou
11 111 lllr islllllll.v
t iiiilisi'riiiiiiiati;
I, mill it iJiM'S nil
iiiiilli Slictliiliils,
Uliiiiif, supiwrtii
wliilt! seals are
Inu-liiin 1)11 tlu'
rii'lii'st i[iiiility
!■, mill in l''^74.
i IVuMi tlii'Simtli
KIL', ('i.iiinii.->iiin
I, it iiiiiy liiMo !»■
Inn, t.'lillliei'tinil,
|i. iiiciiliciiMl liy Hira
If tiiki'ii uihUt |irci|<r
l,-\v iluys "III, ile|irli'J
was fVtT found "H the
ailiiiii c'liiitt'iitioii.
1 dcstructivi'.
ire liiunil iin tht
m\ 111! I.iiliiis UUnJ, It
, wliLMi i;xniiiincJ
I' ]msl yi'ain, it is
to re vivo, restoiv.
II .soals, cuiumuui-
l,y ^^. (le ,Staiil t" tlio Manpii- .,f Salif-lmry, ami iIhIimI iIim J.-,tli .Tuly, !«««, it is fmiiiil lliat utlior
Hiki'iii"* are liy im iii' nn ileserti-i
Tl
le extract reads a-
I'liMi
Ul.i
Prilililii
()kl,ul-k St,
'Till* pliti''* whi'rr fiir-sinl liinilini; ih i;iirrii*il nil iiliji bi- liivitli'it in tvii (li,ttinrt «ri>ulM. Tlie first ijroiip woulil riiiiijirini!
i,l>. IM>rill^'•
1011,111111 killi'il III IHH.'i 1 (.'i>|,,miiiii: r liUnilf (llehriiiit uiid ('ii|i|>t'r Inliiihl'. 'l.'i.lliMI ; S.iil Miiililii,
l.lllllll I liiltil, UU.llllll.
lid grniip, lln- Hc.i iictir tln' romt i,f Virtorij, 70,000;
I>liiiid>, l.^.nOO; i»li,n,ll li.':ir Cllli" Mm
III III,' Suutli
r Si I, 10.0110 ; i<l:iml< licloiiKiiii; In Jii|iiiii. ',000 ; Ciiiii' of (iiiiid llu|ii', .'i.OOll : liitiil, ,S7,OilO.'
llli: 11"
All iiii|ii
rtaiit oiiuHMioii is tlni case of ('
,|«; it (1
r l!c|iieseiitativea, |ireviiiilH tu tlieir l!e|ioH, liail lieeii iliroriueil fseo If ;. Jleport Ni
imli t'iiii','ress, L'liil Session, )i, Iltltliat rnnii tliu Cui"' n/ diwit Jfn/ir Islamls
ill Hope, ill reference to wliii li llie Ciiiiiiiiitlee of
llf till!
■r inoleelioii
Cdl
ernnieiit, 11 yearly sniiply of .'.Omi to Hum) skins is ileriveil, miil that from .lii|iaii, it was
sliiti'il, siiiiietinies 15,00U anil snnietiiiies ."i,Olil) a year are receiveil. Tliese islamU are now ri;^'iilly
|inj|
itcil liv tile (iovernments of tlie loiintries to wiiieli tliev lieloiii;; but neitlii
Iocs tile ( ioveiniiii'iit
III till' Ciilii
of .laiian, nor of rrii''iniv, in the ea.se '.f the Lolios l.slamls, coiisiiler il iieiessarv to t'eiiiaii
tlie restrietion of the ]iiirsiiit of .seals in the. o]ieii sea.
I'liitel States' vessels have visiteil the islmids olf th(3 Cape of (liioil Hope I'loiii l.SilD to IS;;."i, anil
have taken on some days odll to ~l){) skins, .soeiiiini; several tlniirsanils of skins aiiiuially. In JHiJO
I'liptiiiii (Inrdiiu L. Allyn, of dale's Ferrv. Coiinei'teait, iiieiiti.ins liinlinj' I,OUU eareases of seals at one
nt till
lands, the skins of which had lieeii lake
He landed and look seals in consideraljle iiiiiiiliurs.
III! WHS ic.'ain on a se.ilini,' voya.^'e oii this c
lasi in U'":l,
liml seals on the rimkeiie
111 ISL'S a plauiie visited these rookeries, and rilHl.iMMI seals |ierished diiriii'.,' the iifc^iie (' 'I'H k ill
e|ii.rl of the
I'liited States' C
llf Fish ami I'isheries, IHHT, section J, Vol. ii, jip. 41i
■Hii). and yet (o-day we lind a rem ual of the industry hv Uegillatiiins np]ilied .We/// to the nuikerie.?,
Ill 'jrhi
llfti
11! deep-sea iiperatlnlis.
Ala.4-a
rp'iii ]<. ~ of the Appemli\ now under review, the. IJeport of the C'on;,'ressioiial (;oinniitt;;j
al fisheries refers to lestii
of I'nited States' (joverniiieiit .\''ents reLjardini,' the luimlier
lilt and not .secured, and a ealeiilation is ret'erri'd tf), to the ell'eet that one in evii v .seven is
:d hv the hunter who I'd
lis on till
T
,1|1V( lly o|ipoSl:
liiiliaii liiinters
to tills theory, and shows that a lo
if i:
le experience
:if (•:
iiliai
1 hniiters is
Idom ki
]ier cent, is all that evei .ekes
.^laluti- ivlatini; to extiu-Judicia
Solemn declarations to this efl'eet have lieeu made under
ath:
theC
111 I'linlirmation i
if tl
lis, ret'creiiee iiiav he had to Mr. II. \V. I'llliott, in the riiited Stales' Kish
t'liiiiliiis.siiiuer's l>'e))oit, vol. ii, section o, p. d.S'.l, wliere he says: —
"Till' Aluuts tirti a' llie nllcr al 1,000 yardu rant,''', and that, when tiit in the lieiid, nine tinit'S nut of ti'ii tlu- sliitt is (alal.'
In the ease of huntiii,t,' the seals, the piaetiee of the wliitt! Imnter.s, all expert shots
IS to p.Hl
to the seal while asleep in the water, shoot it in the head, and at ouee haul it into the hoat ; while, the
lii'liaiH ap]iroacli it in a eauoe and spear the seal, tlie head of the spear .sepiirittin,u itself ami heinn
aU.iclicil to a rope hy which tl
il is dra.L'.u'cd into the canoe,
h'eferenee is made on p. 4 of the .Vpiiendix to ,\Ir. 111. line's letter to the liniitat
ISTu. These conditions, it is emitended, are most ineoiisisteiil wi
th tl
-.irdii
le pre
■of
lit view of the United
till
ions 111 tUe least
ilanL;er to the preservation of .seal life. With respect to this the following' facts
M.ile.i re
,'i|iiioli| III- carefully uoled :
1. rp to 18112 no Law in liussia existed iirohihitin;; or forhidiliiiL,' the killing! of seals, and in that
vi-ar an inoperative Law was ]iromuh.'ated. ;See liussian Menioramluiii, M. de Staal to Lonl Salislmry,
':;."itli .iidy. Ls.ss.;
Mr .Mel ntyre, a Special Agent of the Tieasuiy Hepartinent (II. L'. I'.x. Doe. \i
p. 18), records tlii! eatch taki
Prill'
-list Congress,
slaiids under the l!iissiaii-.\iiierii;ail
I'oiiipany, as follows : —
Tvii.i
the Nuinlii
llf Knr-seals taken liv the I
lUssians o
11 SI. 1',
id St. (
eiir;4i'
>lamls
from isn
I SOU.
Yiar
Nurr.!.'iT nf
Si'al-i.
i-i;
l!lH
iSI'J
IS2II
I,-'21
1"2'.'
1«.>3
IsJi
I'i'i
I '2'.l
\m
IK3I
IS.M
\m
\m
m:,
\m
im;
1831
is:i:i
liO.I8H
,'>9.85l)
00,220
4r,9'.l.'>
.1fi,4li9
2(1, H'S
2."i,400
;)o,ina
2.1.2.')0
l'.i.7iio
2:!,22S
20,811
I8,ii:i4
io,o:m
lli.l4G
ir,.ii2
i5.;,')i
C.^iSO
Ci.S'JO
li,S02
(i.OOO"
li.OilO*
Nuinli.r of
.>;,'.ii<.
isio
1811
1812
l«i;i
ISII
IS I.-,
ISIl'i
istr
ISIS
1810
Is. Ml
isrii
ISJ2
IS.'ili
l«.-)l
IS.-..')
1801i
isrir
1858
185il
18GII
S.llOO'
S.OOll*
10,.170
11.210
11, '.124
i:i.G.ir
l.'i.O/O
17,703
li.r„->o
21, 450
ri,770
(j,,'i04
ll,72.'i
18,0,'!5
20,140
8,585
23,5.>0
21,082
31,810
22,000
21,.VJ0
Totiil in II Yi-ars
765.087
Approsiinativ
<13S
Iii'friiin;^' t«» till-* Talili', Mr. ^fcriityn; huvh: —
" Till- tmitili.T of hchIi on St. I'nut Miiinl i^ vitriim<«l]r rtriiti iUhI nt riuni :i.OOO,(iU(t tu 1.00 i.OOD. iit'tu'li'n; >ill iii«ir>H, itml on
St. ftfurKi' )it idi^iiir iiiK'.tliinl an nmiiy. I think it mny l»' !>.ili-ly j\tnU'A tlmt tfipn? mv imt U'^% tlmrt I.ODIl.tMMI on ttn* two iiiUixli.
'"Iir TjiIiIi' rrnin tlic n'conlit of tlii^ litti- Itii'Nixii.Arnrric-iin ^ 'ntn|iJifiy, il|t|>rriili'il to thh R<>]inrt, Ptlilhitt llic rminlM'r of mmU Uketi from
-.-..- . . _ __ _ ^^^
riu rcr.ppM wrri-
r;ii'li lOiiiiil lium 1-»I7 to \H:\7. itiul from lUli to lS)il(. I'nviiHiHly lo l-^i?. *iy^ the Ijttc MihI„,|i V
Knitii till- 14111.' (HilliMrity w.- limn tint (lurtMn tiic first {>'\f yrnv follnwiiiir thn ilioiovorjr of tin- i-!iiml-« in I7H| ovpr I'lU.O'lii >ki
wirr iinntiiilly olitiinx-il ; li.il llii<. it kitmin, wiix too liirftt* n niimbrr. for titi' ilrcreaNf id tlu- vnirly rctiirtt wn* roiifltniK until 1h4^,
wIk") rlicv l>a<l 111
IS
.ily extiini ; iinil in llii- in-\t UciiKlr ihi* wbnlr nuiiilH-r ftri'urcil wo'* IJ't.!***, 'triti^ in IH.'i_* Imi i(,.'.)i( ; tm
iilt-r jiiilt.-jiiiH iiiiiimir ini-nt, tUrfi- itpiicar- to liavi- ln-cn iiri iniTcHiH'. iiinl in 1H.'»M. lU.Hl'i w.p- t ikfn, wlitrli win llir Unrcit
'■•tfrh in liny iui<- viiir. until iHI'i', wlirii, im I hoi Infornuil, unnn' Hll, ()()() or lOII.OItO wt-tf Arnirrij, iiti<lrr lli» PM|i|)<)<«ir.i'ifi (tint Ihr
tt'iTitory uoiiM >.ooTi he tr;ni<>rtTi-i'il to tli<> Uniti-il Stiiti-.«. ' Thr itirn'ntM from iHlJ to iH.'tH,' nitya lliiliott Vi-ni.-im
•■r«j(«l
iilxmt orK'-eiKJiih of tlitr wliolc nunilhT iinnu >lly. so tliiir m iH.'tl tlirn- wfr>> jiroduad »ti b»tli i-l;iniU, in")*-:!.! uf lit). (Ill ■ t<> 80,000,
"Illy \b,7't\, iiiiil in lH.17, ti,w|).!.' Krniii the nio?it I'lircful coniiiutiition t liavn lirni iililr to inakt*, 1 mil nf tli>' opinion tlmt no tn'jrr
tlmn lOO.ii'MI— 7,,.in)i( on St, I'inil iind 'J.'i. 0(111 nn St. (ifornti — fiin bi^ iinnuully Uiktn witlimt im-urrini: tlio rmk of iiitnin (liiniriiihinn
tlir vcnrl
V |iroilu''tlon. nn wi
nliMTVr ih>' Uii''''i;in!4 to Imve dono in former yi'iir«.'
Willi, Cliicr nf 1^111,1 Scrvi
iii-Ainfiitim TeliiHliipli K.\|H;ilili(iii, who ii'|«)ite>l in
IHf.H i.ii iiiiilimiiiislicil (•uniliiiiiii ol' iln- scul lisliciT. (11. 1!. Kx, 1)cil'. Xo. J.77, 4(llli Ouii},'
2iiil Scs^iiiii.)
Six million si'iils liiiil Ih'cm lakcu Irnni lliis ;.rii 1jc1\vci-ii ISH .tml ISTlt. {I'iili H.iU mi " Ahiska
iimi it.s Kcsiiiirrp-i," 1H7(t, p. Vrj.)
•_'. Ill l«i;.S iriilcliiiisMii mill
.Moii,'iiii, llif ]iriiiiiMli'f.s ami Iniiiiili'is nl' llic Alaska Ciuiiincri'iiil
('iiiiiiiaiiy, ami iifliTuanU li'ssc<'s fil' llii' islamU, saw tliat, milcss ru.slriL'liiiiis wfw. iiii|niscil
isliliiil.i. Illciv Wiilllil lip luill tu tlic Vdiiki'lii'S (II. W. lilliiill, " Onr .\lrtir rinviiirc," |i|i. Ii47, 24H|;
coiiseinii'iitly. Iiv Act. of ( 'iini,'i'i!.<.s ii|i|ii-(ivimI tlir i;7tli .hily, IHii.s. |lit> killiui,' ul t'in-swil,< mi Iln- ishmh
ii.s |iiiiliililliMl (W. II. Mcliilyii', ,S|inial A;;iiit. Trca.smy DfjiaitiiuMil, 11. I!. K.\. Dm'. Xii. 3(i.
4Isl (,'(in;,'ii'.'is, liml .Scsiiuii, ji. ll.'\ Nolwitli.-ilamlinj,' tlii' Act to wliifli ri^lV
,'50,(11111 wi
m1 nil .St. (;coi'.'p ami irii),lMlli nil ,St. I'aul liv \nu\vK in J8(i.S Hial
\m^ liccli iiiadi',
•J'.Mi), 1110,1)11(1 ill
ISnO IW. H. Mrliityiv, H. l;. Kx. Hoc Xn. DO, -Ust ('mi^'ivss, \>. 13).
Mr. Waiiliiiaii, ill! .Vuent nf the I'liilcd States' Tii'asiirv at llii' .'^i ,il l.slamU, in his "'I'linii'
.\hiska," iPiiMis
IH.S.}, nil 1,, <(2, siiv.s:—
' (ii'iirral (iii>ljiiii.'lit, ttirfiilcnini; rlleriiiiii.-iliini, )iy Ann'ric'in ti'nii-1« ituri.ii.' Iln
iiKliillaliiiii i.r Uiiilivl ISLiti'ii' (ii
llt!( (nnk |>l
rrrriiiiuiii ot ilpjiartiire I't' lliissian and
.Villi till- siiiiii' ntlic'cr, ill his >wnrii tr.^tiiiinliv j;iviMi lu'l'nii' (he ( 'nii^'ics.-ininil ( 'niniiiitlCf, stilted
thai :;(lll,(l(ltl \\v\v killcil ill l.SCill.
'■>. Xnt withstaiiiliiii,' this i omiiiinii n| alt'airs, Si'cntary liniilwili rc|inrlril in l,S7(l (11. 11. Ivv. line.
Xo. IJ'.t, )), L', 41st ( 'niiififsri, :!iiil ,'si's«ion) that " il' tliu iiiiiiiials aiii luotirtfil, it is prnliahli' tliiital«nit
100,(1(111 .skins may he taken I'lich year withmit iliiiiinisliiii,!,' tlic su]i|,ly." iiml lliat " ;,'ri.'at ram wi-
neoiis.sai'V I'nr the ]irosci-valioii ol' the seal lislu'i-ics iqiun llif Jslnmls af St. I'ntil dinl SI. Ginr;/'."
So I lull, ill his book on Alaska |1H70, |i. ■tO'i\ in rcri'iriiii,' tn sliiiii,'lit('r hv lliissiaii.s, hrliincil that
lOO.OlKI .seals "
• Iiiliaii raiinr
111 sal'ulv 1)11 killtil aiiiiiiallv iimliT l!("'iilatioiis, ami .Mr. Itlaii
I't'oto of the 27th .fi
II', 111 his ilrsiKlti'll 111 .''ll
Hillary, says : —
*' lit till! cnnrsf of fi f.Hv yi.iirs of intpllim.nl iinii iiiti'rr.Hliin; t'-XinTimtiit tlu' niuiiluT tlmt roulil li,; Mitcly slaiii^liliT. (I *.i> liii'i
1110,000 l»T annum."
-M
r. I'lniitwrll, as will 111' seen mi leleri'iiee
in his 1,
e|inii, was n)i|insed
.1 In a le
, ami rriaur
k.'il
for
that il was neecs.sarv in any event to niaintain in <t>nl urdniul the islamls an eiilaij.'etl naval In
the ]iroti'elinli nf thr .same. Tlii.s llepoit was lollnweil hy the le^;islatinn iiniler wliieh a lease was
o.xecuteil in .Mav 1H70.
4. In ilniwiiiy the terms of the
ease ami lti'.L;iiliilionK eoiiceniini,' the islaiii
Is the I'niteil .StHlf-
tl
I'lliiilteil, in the thi'ii stale of alfairs, the lessees In take 1 110,11(10 seals a-yeiir for twenty yi'ars, niiil
ley well.' ]iermitleil to make up this iinnilK'r from any mah' seals of 1 year of iiije or over.
T
K'. natives wiM'e alloweil to ilesliov mi the islamls
III some years .'i.tlOn.
I'"l
■ills of either sex I'nr I'noil. iiuiahiTiii
October.
0. The 100,1100 rniilil be killi il by the lessees in the monllis nf .liii,e, .Inly. Sepleinber, ami
Uiion p. S of the .\ppeiiilix to .Mr. Blaine's note tlie opinion of Ibe (,'ommittei
il lliiii.'f 'if
Iieiiresentatives is '^'iveii tn tlii' elfeet that the proleetimi of tint islamls is not eiioiii,'li, but that the siaiL
t be )irotei'teil in their annual iniLtratimis to ami from the rookeries, ami for ."lO miles sniilli-i'a.'^l
i ijf
the rnokeri's 1(1 their feeiliiiL'-.uronmls. 'J'liis is a far ilillerent propn.sal frmii that siibiiillril by ihf
Seeretarv nf State, since it lines not embrare the whole nf the Hehriiii''s Sea, bnt Incales tin: t'eeiliiig-
ronni
Is, so calleil, within ."lO miles of the islamls
rile oilier pniiits, on p. S of the Appciulix tn .Mr. I'lhiine's letter tn .Sir Jnliiiii I'aniicefnie nt II:
ilril install',, need hardly be dealt with in disi'ussiii!,' the necessity for iv cln.se
ion, reference
tl
lerciii tn the
rliic' nf tlie lierd I'nr killiii'' mi land sn as imt to kill the fenmli
Ix'iiiL'
rp.-t
adiiiitledly wise, since the killing,' is dune I4lli Jiiiic when the ]nips are beinj.; dropped. Tli
of p. S nf Mr. lilaine's Mcmnrandniii nii.scs the |iiiint that ii seal is nut a lisli.
Sn mi p. !l leslimmiy is cited tmicliiii;; the necessity I'nr not killinir females mi the ronkeriii. wlita
wholesale slaii;.,'htcr of 100,000 a-year ^'nes on, and this is not here emilroverted. The npiiiin" "I
ilr. (diildin. wlin.se experieiici^ was ennlined tn the loml iijieraliuiD^, reoarding the propollinii of .<wi
reeovcreil wlieii sir
ot in deep sea, eaiinot be of weight. It is, therefore, iinnecessar)- to dwell upimtlif
fact that he is a (Invemmeiit i^inplnye, giving his views in t'avniir nf his (iovcrnment's cimlciitn'ii
I8.SS, after llit^ seiznres of ISH.'i had takdi jilace. This ollii
III St. (icorge Island Irina ll»'
li'itli May to .\ii.,'ust in l.S.SI niily. His npinion that an "open )io!iey " wmild not preservi
Ihc valui'
439
111) <'t'M4>^4, Itllll 1)11
:i llic l«ii i.Unl.,
iif -I'.tU tnkcri from
I ri-ipnU wrm keyt
.viT |iMI,cii)(J .kini
Mi«riuit iitilil lh42,
<'ij liul 11.. '.lit ; Iw
Iti.'li w.t- rlip Ur/f4t
ii|ipiMiriNii (list Ihf
iii.iiiiiiiil)', ' .i>"riu(u<j
,1 liil.iill I til HDflm.
Ill Unit iM mjre
>f aitiiiii iltiniriiiliine
Willi li'|il)rlnl 111
•iHlli Ciilli^ri.H^.
I >.ill oil " Ala.'<ka
.^kii ( 'iiimnciTiiil
1|1(1SI1| I'/..!/* Ill'
■ |i|.. -JIT, 24«l;
n llif iMiinih
S. Due. N". :}(i.
||;IH Ih'I'II llliilii'.
4'.Mi), IIIU.OIIII ill
ill liin " 'rrip l"
ture of Kussimi and
iiiniiilli't', stiiloil
II (II. 1!. Ivv. I III.,
iiliiililc timl iiIkhu
t " ;,'lullt riirii «>
f/lllC'/i."
iili.s, bclii-'vcd (hill
lis ilcsii.iU'li til Sii
1,1 ilii! ^iiil liMliiirics, iiiitl llml il i.s nwi'ssnrv tci iiiiptcrt llic .sculs in llnhiiiiK'.s Sen, ii.-< Wfll ii.s mi llio
i-liiiiiN, i-^ Kill liasi'il ii|ii>ii iiiiK'li |iriii.'ti>'iil kiiowli'il;;!'. Ilr I'lirtlu'r Hlatcd tlmt iiul iiiiirli liiiiitin^' wnx
,|i,iiii in llii' I'licilii'.
Iliiiiiiiualilii Mr. Williuiii.i, at |i. HIT nf I'MiIimhi' In Imv lln' ('iiM;,'ri"i'<iij|iiLl ('MiiiiiiiUrc. savKi —
'- 'I'liii I- iiiili-i 111 yuiiil tiiiiil I 111 I'ltntirl yim ilii nut hci' IIh-iii ; wlirr>' llifv ifn rm lOir kii'iH^.*'
Till' I'.iiti.ili Ciiliiiiiliiiiii sciilnvs and tlir ivrord nt llirii lad-lii-i in llic I'acitir fm Iwnity yi'iirn
Ui.lkill^ ll"' Stinillill',' l.f tlli'.M' willR'.SSIvs IIM ci.\|ilTt.s.
Ml. I' villi', iinnllirr witiicsii, amriln"* In llic lisli ni' lii-jiiiiiy'f, Sni ii vi.tv lii;;li imliT hI' iiili'lli'.'i'iu'''-
lie ili|iiiM .-< lliat ill lirliriii;,''s .si'ii llir ."ii'iils cal a yira( iiiaiiy li.^ji every t\vcnly-ri)iii' limir.-i, ami a.s " llii'
||.|i liiive liiTdliie well iiwiire nl'llie tail lliiit tliere i.-i ii 'j 1 iiiiiiiy seals on the .Seiil I.mIiiihIs, lliey keo|i
liiriiill 111 .'I'll." lie slaiiil.s iiliilie in le.slil'yili^' sh im.silively In wliiit. cull, at liesl, lie a mailer t'ur
iiilljiTllire, mill lie lilil-i III .sliiiw lie llinl tile .lli^^lllesl liieiins iif ii.^eeltaillillj,' llli.s know leil'je lie I'lllllier
.>(iili'il tliiil till' liiills reimiiii on the islanil.-i all siiniiiii.'r.
Tl;ii i' iiuiliailiileil liv writer.s uml oilier I'liileil Slules' witlie.'ises.iis will lie .seen liereiiller. ll is,
lliiirlme, • \ iileiil that this ;;eiilleniaii was teslilyiiij,' simply lo his own |ieeiiliar iheories iivi.Mr'.lilif{ .seal
life ii|iMii v.i\ liiiiileil e.xpeiieiiee. lie says, lit oiii- |ilaee, that wliilu the cow.s am out (ami they K".
Iiti lells I1-, III III I'l iiiile.s, ami even I'urtlier; the sealer.s cateli theiii; uliile, iil aiiotlier place, he
-l;iti'< ;-
"Tilt' M-.i U l)lni-k Willi thrill ariiiiml f/ir tUandn, wlipri' tlii-y [lii-k tip ii unuil iniitiy m'lil. uml tltt-n' in ii'/ii-ri- thr kiUiiiti rif *'inrt
t,n'uil-~'lftfti llnij ijit ntih'irr."
Sn lliiil, eviileiilly, lie irmy have seen imiws killeil when hihiiiuI th (■■iliimh. the only ]ilaee at which
iir ii|i|iiiiiiilly eoiilil oliserve tlieiii, anil he has merely eoiijeitiireil the ili.stane" that lliev i,'ii rniiu hmtl
mil llie iiiimliei iietuiilly shot in tli.'e|i water.
This wilness " thinks there is soiiie iliuiiiiue ilmie in killiiii.' ami Hhootinj; ol' the cow.s and leaving
-I' iiiiiiiy \oiini,' wiihoiit llieir iiiothei's." There would he less doiilit res|ie(',tinn the cow.i hein},' .shot or
liisl il il ua-i siilisfiielorily .shown lliat larj.'!' iiiiiiiliers ol' vounj,' |iii|is were foiiiiil dead in the rookerie.s.
Tlie «iliiess, ir alile. Would have certainly pointed to this. The reverse, however, is the I'liet ; ami,
ivilli ll ,\eepti!ili of one wilness liefore the ( 'oii;,'iessioiial t 'oniliiittee, whose eviililiee w ill he e.xalilined
.I'.'iiiii, mil an .Xijent ol the (lovi ninieiit nor a writer ever staled that pups were foiiiid ilead in any
imiiiliris nil the isliiiids from los.s ol' niolher.s ; the lad lieinj; that niolhers never "o lUr t'loiii their
vuiiii'.' mild the voiini,' are well iililit to cart! h^r theiiisidves. T'liis witness, iiolwitlisliinilin<,' his
laiiia''tt hv the killiiiL' of niothers, the killin'i of cows hv vessels in short — where
■ III
II 'iipposeil tlaiiia^e liy the klllini^' ol niotliers, the ki
111;. fk with thi'iii — hail to admit, "the niiiiiher of
seal, ill the a;4j,'rej,'ate, is not apparen
tlv
iliiiiiiiislied." His kniiwk'dj;e is eonliiietl to one year (IHKl), ami we have hclter itiid inidisptitei
;i-iliiiiiiiiv I hut Ion;.,' after this a i;reat increase had taken placi' — an inoreiise of millions. Mr. Taylor
il liniijil I.I- oliservitd. however, u'ave other tcsliiiionv than that ipiotc 1 hv .Mr. liliiiiie. He sail
tlul-
ilaui^hleriil wan ttxeil »
ISO, mill rciiiarkiil
hI naval fmct; fm
iliit^h a leiisf wii<
the United Statf-
iwciity year.*, ami
over.
r food, niiiiilifiiii'-
y, .Septeiiilifr. uml
ittee 111 lliiiisi' "t
hilt dial the *ill>
idles stiutli-i'iist t'l
.suliMilted hy l'"'
cates till! fcfiliiii,'-
I'auncel'iite nt *■
■n, refcreiiee lit'iii*.'
femides. Tlii.s i-
rti]i|ieil. Till' ii>i
lie rookerit s. wlitu
The iipiiiiii" "I
iroporlioii uf 'w'"
to dwell ii|iiili till'
tit's ciilllelltiiill ill
e Island Inmi '!"'
iresorve the ViilH'
'Tlii'-i- |in-il]ili)ry vcMM'l* »rv Ketttirnlly then' (iti Hehriti^'i Sua) in thf Hpring nf i.ie year, wIil'ii tlie cms iirc guiiig t.i th- island
St of till- iiraU that iiri' killvii liy llii"
ir.itiiiiti(» vessils aro <
I witli
yiiuni!.
lie estimiite.s the iiiiiiilier taken in ISHl at from ."i.MHO to 8,IM,lii.
' Tties'' vi'ssdii will take f?i'ciii;i)n tii liang nrnnml tin* ifctimU, an.l nlien tliiri' i^ a hi'avy fmj tn i^ii cm the i ^inki-ries -.i-ry often.'
el duiiiilof
■ilili^' to Mr. Taylor, is not the killiiij; of niotheis out at sea wlieii their
ymilii,' are mi shore dependinj,' upon the return of llirir /.lufliriv, as is contended, lull il is thie. hi' say.-
tii the iusullicient pioteclion of ll
This
as will lie iiointed out, he leiiietlied if tin
-ii,i."-'esliiiiis of (loM'innieiil A^'eiits are acted upon in (he line of lietter police •,'iiiii'diiiL; of the
liii.kc
.Ml. Williams' lestimony is iie.Nt referretl to on p. lU of the Appeiiili.\ to Jlr. lilailie's Icltcr. T'his
;,'i'iilli'iiiiiii WHS en;,'ai,'etl in the W'hiiliii'4 husiness hir forty years (]i. 7:! of Kviileiice liefnre (.'oiiL'ressional
•'iiiiiiiiiltee;. .Vs rei,'ai'tls fiir-.seals, his knowleiliie is imt liased upon experience, hut " from readily
;iiiil rnuii eoiiversiilion with my ea]itains" (p. To). He was called hy reiiuesi of atlornt.iy for tht
.Vliiskii Coinniercial ( 'oiiipuny, of which Mr. \Villiiim.s wa.s a stoeklaililei
lifll
.No imptirlanee, it is stihinitted, cun he attached to his testimony rcoardiiiu' the liahils mid iimiii
11' seiil iiller such a IVmik confe.ssioii,
His evidence thai Iciiialus in pup mass to^'elhel in the .sea hefole laiidin;; may therefol'i) he
'lisini.s.sfil, since he tloe.s not protliice any authority hir a statement which is coiitradicled hy ex[iert
IdtiiiHiiiy. Neither in his slaleiiiciit tlial hunters utlniit thai out of eiyiil shots they wmild .save one
>!'iil Hilly eurivct.
1 I iiiid ll' of llie Appeiidi.v Mr. Williams naturally ijives his view for holdiiiL; the control
fill lilc 111 liehriiiLrs .Sea.
vilh liini ill this, ll
ll is not ileiiied that every lessee of t!i" J'rihylov oidup woiilil ii,!.;rt.'e
M) he reiiitrkiil thai ho tloes not .share the theory of the I'liitcd .'states
lliiil llic t'liicf tlaii;4ei lies in killin;^ the niolhers when out in the lU'cji sea for hiod, having; left their
!iiil>liiii,'s on shore.
Al lip. 10, I I, and 1 :J of llie Alipciidi.s Mr. Williams is i|iioled to show that llie daiij;cr to the
liiiiiilcs lies in the journey lliriiuj,di llie Aleutian Ishimls, with yoiiiij,', to the hreediii.u'-.yioiiiitls. On
|i. '.Ml iif his I'lvideliee helore the ( 'oiiiiiiillce. he illiistrates the iiielleelive means of protecting,' llie
imikciies hy statini; :-
" l.iist fntl a n'lifioncr l.milt il at onr of tlic oiukiirit.i I'.nil kil!t>[l seventeen rows autl Imllfl riijlit on the hreeiling Muki-ries."
440
stiy.s :
" That tlip iiresciit nit'iisiircs urc smiKwIiiit insufficient is slinwn I>y iIk- tiut tluit for th'' Inst throe nr four ycur^ there have bctn
incrrase-I ilt'in-filiitions nnnujilly upon f/ie rimkcrU-i.
" A rt'vi iMicciiitiT t^ovs upon tlie m'uumis unci (hm i^ nrd'Tftl nortli lur in^in'rtinn, nr for rplit-f of a wliaUns crew. t>r 'nme-
Ihintf (if tliiit kiTiil, atnl they am giino jiretly niiu-li tln' whul- time of the stu'
methiui of ■ -..t-i'tiiHi.'*
iixjii, luul tlitro itpitp.dH til l-e insutticiciu-y (if tin
(III
lOS Ik
>ay^
They dlioot thi-iii ns thvy tiinl ..^rrn.
island nnil not lie scimi (n
inlmliit.tnt:' nui linil it out.'
A vessel c;tn approucli within le^^ tliari h;i)f ii mile 4ir ii ([nartor of ,i mile of t! ,
-cuiiitt of fo^^ ami run Konit her biinta on tho huni;hL'$ ami gi-l off fifty or a humlred sitins litfon' tlir
j:
as I
Illy Mr. Williiims ilncs not, (■c)iisi<l('f (ho sliodtiiii,' of feiiiaU's fur fnriii luiiil U iimoli iiiilul"iil
111, as In; iiisisls iliat liie ilamat,'0 is (lone iiisli(ii-i', wlii'i-i' no luilu'i' prutciliuM is ciifnn'cil.
Tlic liisloiy lA' till' rofiUorie's i,'ivrii (jii p]!. !'_', I:i, aim II of tlic A|i|iiiiilix lias lici'ii di'iili wii'i
alreadv in this papiM'.
1877 W
)ii ]i|i. 14 ami 1." iif till' .\p]n'iiilix an arlirlc in\ I'lir-si'aN, fnnu " Laial ami Walrr." writli'ii
Mr. 1,1
is irfprii'll to
][(.' iniTrly allmlcs to tin; iiiiliscriliiinali' slaunliti'r uliirli was piariisccl mi ihi' innkciics, which im
iiiH' Jcfi'iiils 'ir j\islilii;s.
Mr. Mdlityrc. .Sii|irliiiU'mlrlil ol' tin; scil lishcrii'S nf .\hiska lui- tin' Icssi-cs. is tlirii li|-.M;.;ht
fcirwiirtl liy Mr. IShiim-.
This p'lilh'iiiau \vi;iil I:) llir islainl as a I idvi'riuiii'iu .\l'cii1 In iiis]ji'il tlit; ip|icratiiiiis of llii' Cniii-
]iaiiy. His lU'i Mills were laviiiiralilc tn ami liii,'lily i-iihiuistic. uf tin' < jiiii|iaiiy, ami tlioy wi'iv iniun-
iliaU'ly fiilhiwi'ii liy his, n'si;;iiatinn as a (iiivi'riinn-iil nltii'ial ami his aii|iiiiiitim'iil in u Inrriilivi' |wisiiioii
uuilt"' the ('niii]iaiiy.
lis tcsiiiinmy is naliiniUy iiiuiv in lavuur of tin.' <'oiii|)aiiy ami of t!n' (lov('riiini'iil'.s comi'iiiiun,
whic!i is so iliredly in tin; interest of the CV)iii|)any, than tin; tostiniony of any otln;r witiR'.ss,
Tic thinks onlv oin'-tiftli of the seals shot an; rcoovi'ivil. ami liis ifa.son i.s that In; has fouiid siiils
with hiilli'is in tlii'ir IiIiiIjIk
111 tin; islamls. Hi; attrilniti's a ilchcioiicv in tin; iiunilu'rof seals in 1.S88
to tin; I'ai'l ihat rows wi'ic kilh'il. Ifi' nieiitimi.s that if oows an; killoil in .Aii^'iist, and ihi'ir yoiiiij;
deprived of their iiiolheis' can', the yoiin;; perish. Tin; yoiiin.; [lerish also if the mother is killed liefuiv
tin
U
111 thi
lis way he endeavonr.s to re|ire.sent sneli a piactii;e olila
liiif it is to
liorne in iiiiinl that he does not ''o so far a.s In
say that piip.s niv found (h'ad on tin; islands in iiiiy
iniliei'. When this ollicer was reportin^i; on the operations of the. Company, and hefore the pre.'ii'iit
eonleiilion was raisei
.hi
.ulowiiij; iieeoiint of the iin'ieasini; nuinlieis of seals at the islam
will lie shown; hut at p. llfi of the evideiiee hefore thu (.'onyn'^'sional llii|iliiy he lahour.s to rediiw
the estiinate.s of Imlh Klliott and Dall hy one-third or one-half. Jle eonelinh's that the nuniher of seals
has larj,'c;ly deereased in the last two years (I.S87 and I8.SS;. The ('oiiipany, howi'ver, killed their
lllD.llllO ill eaeii of those years. The (ioveriiineiit had the discretion to lediiee the limit. Tin; (J
Jiieiit did not deem it iieet'S.sarv to
The niinilii'r, this witness savs, was imaeasiii'' until ISS'J,
and then other iiarties
11 the killii
I',' ol seal:
especiallv
l.S.Sl.'
.VII tl
lis loll
poll till
rookeries, and. he added, "a coiisidendil
(Evidence, p. 117).
percentage
of the killing \va:i made up of laid
Mr. Melntyre attempted to eoiiiit the eatch in IHSfl and in IS.s:, anil staled that 4il.(liiil skii
liv mills on llie land, lln
a-year were taken, nearly all in llelii
he olitaiiied this inforiiialioii is mil s
Sea water, and in a li;w instam
tune
his
slaleiiieiit is iilivioiisly a mere snrmi.se.
From his posiiion on the 1-laiid o|' St. I'aiil diiriiej all lli;il
He eoiild only know piiv(i)i<il/i/ of the eateli (nun niids win 'i wen' made on the islmul in I.SKfiiiiiil
1K87, and which were due to ineffective pniteetioii of the Islands. After telling ns that a large
]iereeiiti'.ge of tlie eali'li of the inara'.lders was made up of adiill males, he entirely foigets this,, is we liiiil
him .saying (at ]'. 1 18) : —
.\ iicijorily of llu; skins liikt'ii liy iiiiir.-iiiilers, in fad 80 i
I |u'r ci-nt , are tnim fciiiul
ilrs."
It is siiliiiiitle 1 that this wilm-
illf
III Ills eniiles-ioii that It was at limes neee.ssaiv. III old
ilerest on helialf of the Company 'the les.soesi is shown
IV, ill oidi'r to I'onlnil the iiriee in the murkels forth"
Ciiiiipaiiy to take less lliiiii ](lii,ililil seals (]■':
_ liiil h
liearsav ; —
■aking
positively to ll
ji, rjl , has not stn'ii'jt helled In- lestimmiy on the
{ll.) Ihissia desLioyei! niaiaiiding ve.-sels
(/'.) A r.iitfsh vessel, ill JH,H7
d.-iO ;
left them, and letiirned to the. sea hir iiioi".
whn ll
I'liriiig'
iiild onlv have lieeii known n
s .Sea, .seen
reted them on a small isljuil.
(r.t .M.ilvlldels kill llll),l)lll)
(('.) ll is not Inn; that vessel
II'
the I.
lh.it ,■
oil III
SCI ■. Ucle nil
eaeli sea.son.
s are seize
;av that for the liiKt Idle
1 will II |iiirsiiiiig h';,'iliiiia(e InisinesH.
of the t 'om|
lea.se, viz., IVoni I87i» lo 188.1
molestt'd {\i. lL".ti, which filaiemeiit has lieeii hIiowii lo he incorn-cl. lie ohsevvcd
1 «.'<:;, and iH|H;cially since ISSl, other parties have heen <leslniyilig seals, " rediu'iii;
the
eiplililiiiinii of the .sexos
y expert «riler
iiisiorians, Intvelh;
.Mr II. W. Klliott, whi
lie ■i'Jjniitted lien'after, he h
ml Agents of the V
i;xiierience is liinited tn |H7l',
it'll eontnulieled in n'giinl to this
^tllti S (mi I'Mllll
■ . and 1 87(1— wl
as Mr. .Melnlvri'
.says, no injury wa>
referred t
one liy inaraiiderH — is next lefern'd to liy .\li' lilaine (p. \i'> of .\ppeiidi
lie
a iiiemiici'
if thi' Smitlisoiiiaii Inslilnte ; he wa.s also a Special Agent of the Tn'iisiuy.
I'he following nr.; extrael-~ taken from a " Ki
lOI't lip
111 the Ciisloms Distriels, I'lildii' ,Ser\iv
Ul
' tlieru nave twen
Riiwiiri'o'! of Alaska Territory,
is-:i":-
l)y \V. L. Miirris, Spi>pi:il Ai;ont if tin' Treasury Deparfinciit,
"111 the N'nTPniber nunituT of ' Harper' » Mnenzine,' 1H7". appearH iin art;rle i-iitilli'ii 'Ten Years' Ar'jiiaintAnr'' wirli Alaska,
ll^i;;-';.' 'nn' auflior-liiii i« c.irrrdly a-crilirj In Mr. Henry W. Elliatt. ii.iw iMiinecleil wilh the Sinilhixiiiian Ilisliliition in
*iib.etlii-i:il eaparity. Tiiia iientleiiian wa« fiirmerly a speeial Ayent of tile Treasur) Deparlment, umier a -peeial Ki'.t of Coiigri*!*9,
.i|ipri'V.(l 'J'.'iii! April. 1K71. apjiipiiiteii (or tlie purpom- of ascertaining at that time tlie ec'uiition rif the seal tislierie.i in Alaska, the
huunt3i anil liahitp of the Heal, the preservation ami extension of the (i^heriea a« a "oiiri f revenue to the Uliitpil St.ites. with like
•ifeniialioii renpectin? the fnr.bearini; aiiiniaU of Alaska ireiicrally. thi- staliMties nt the fur traile and the rotiilitiou of the ptiople or
iialiv -, C(t|teeially thole upon wlioni the siiecefisfnl prosi'entioii of the h.sheries an<i fur Iraile i^ dependent.
" Ttii' Report of Mr. Kllintt will he further nntieed hereafter, an-', upon the t'.iresliold of eritieizing anythiiii; he ha;* written
uji.ui Alaska, lar'ision in here taken to L'ive him full credit for his valu; ' le roiitrihiition in reearii to fiir-seais. It i* to he regardi '.
i!i aullierity and well conceived. Tl.c vi.'Wf of Mr. I^lliott. however, in i> t, .-. „t to other matters of moment in the Territory, are -40
diinitlricBllv opposed and .intngimistie to my own that I feel con-trained t ■ review some of hi>; sl.itenientil, j<litteriiti^ generalities, and
the wli'ilcside method wilh whn h hi' hrusiies out of existenre with his fa. I'e pioi and ready .irtist's brush aliylhini.' of any essence of
v.i!iii . li^lit. shade, or shadow in the hrntui el)ianse of .\taska that does not conform precisely to the rule of investigation and recital
Iniil down by himself, and which cnntradu ts his repeated assurances that oiitvide of the Seal Islands nnil the immediatir dependencies of
llie .Masks ('iirnmereirtl ("onipany there is niitlu:ii: 111 .Alaika.
"'Hiis magazine article bears a sort of semi-officiHl indorsement, its authority is not denied, and with this explanation for using
tlif naii.e of Ntr. ICIliott in connection therewith, a few of its crudities and nudities will be noticed ; —
" ' 7'Ae .Scnj»e.(tfe»er of ^itrixlca.
" ' Si little is known about .Alaska that whenever anything comes up !•> Congress relating to it information is sought wherever it
I'.in reafilv he found. The " informant " is ever on hand, with his work on ler-seals comfortably tucked underne.atli his left arm. to
imparl ail the knowledge extant about the country, " for he knows more about Alask.t than any man living."
" ' A decade ha.-, passed since we acijiiired this Terrilorj, anil for u d.-cade it has aiforded einployin-nt and subsislenee for its
|ire»eiit sense-keeper ; but the next decade is warming into iintiimal existence, and it is about tim': this bubble was pricked and the
blidder not ipiitn so much inflated.
'■ ' I a.ii fully aware of all the consequenres to be dreaih-d, the responsibility assumed, when rash enough to dispute the heretofore
si'lf.rstablislied authority from tiie Arctii' Ocp.in to the I'ortlanil (anal.*
''This nia;, stems to be the natural foe of .\laskj, proseeiitiiig and p.'riecuting her with the brush ol the pencil and tlie pen of
an pip-rt whenever ai d wherever he ran get an audience, and I attribute the present forlorn condition of th" Territory to-day more to
his ii-MKirince and misr 'p'esentation than to all other causes combined. He is accused 1/ being the paid creature and hired tool of the
Alaska Citminercial Co ipaiiy, and belonging to them body and siml. I have made diligent in((uiry and ascertain he is not it, their
enipliiv. and. furthermore, they repudiate the ownership. They sb'iuld not be held responsiiile for the indiscreet iifteritias of l!;.*
Si n«e-ki'i p' r. notwithstanding the cliarge of ownership might cause him to be more readily listened to.
" Di.uhtlesB whin thev have been attacked through the colnions of the press they have emoloye.l this individual, who is
unqii.'slionaidy possesseit with the caroflfn'ii srribeniii, to reply to anjustitiable onsl.iughts. and paid him for it as they would an> other
|iiiiHT. liner who makes literature and writing for the press his profession."
Il'^ l'\ lilclU'c III
18.S8 is
aihiu'iicv nf fill' I'liilt'il .'^tiili.'.s' i;iiiit.enti(iii.
Ill
s wntiii''- iiiiit
lleTii'il.s iii'iiir til till' ilisimlc will In' n'lfri
.1 111
I laifnro IS.Sf^ liiirdly .-^iiiipnit lii.s liitiT tlu'iirie.t. Ili.s slato
III it will Ire- .siiliiiiitti'il that lli^s stati.'iiii'Uls ami u.\|n
iiuiiiii'il si'al.s
]!. 17 lit' till' .\ii|ii'iiili.v, tli.it
.swim awav
WItll
Mr. Mi'liitvri'
liii'iifv 111' till' ili
niciiitv
to |K'riMh at a point m.'Vi;r to In' scrii aijaiii. is I'oiitrailirtinl Ky lliti last
T pii'ki'il h.'imiriils of liiii'ksliiit, &!•., iHit uf si'als clnlilH'd cm tliii islamls. His
oiitinj.' si'als is contrary to tlm known ]irac'tiri.' nt' tlii' linnti'r.s to rreeji upon
the SI 111 its it lies lloiitini: ill lie I'alni walei-s of the sea, iiml I'V his own ti'^tinmny liefore qunteil. of the
iiiieniii',' aim of the liidi. n Imnters
.Mr, Tin(:h'. an A^enl of the Tri'a.'sury. in ehar^'e of the fur-seal islaiuN from
I'SSi'i, i.s i|noteii oy Mr. lihiine (.\ppeiiili.N, p. IT).
.\pril 1.-
Mr. Tingle is noi able to ^'o .so far tus Mr. Melntyre, altlioui^h he was at the islands in 1H86
(Kviili'iii'e, p. !.'):{), lint he staled " thtre has lieeii a sliijiit diminntioii of .seals, iirohahly.'
isliiuiili'd :ill,ll(IO 'vere taki'li I v maiiUidiis. and to do this hi' unes.si's that 5011110(1 wne killed.
He
This
eoili-iMMii, a.s an Auent ot the Tri'asnr\
iinliiM'd to the islands dnrin'' his tennri' of olMe
( Kvi
,p. lo;i).
Ill' hii.ses his eoni.ention on till' loi,' of a maiaudinu' ^('hoiiMiT whiuli fell into his iiaiids. This loj;
iVAjs, it limy he iifinarked, not produeed, and no e.\en.se is ^'iveii for withholdino it. He produeed what
He siiiil was a ciijiy.
\v .siTiiiusly pri'sseil.
' III
.•\s ins opinions are lia.si'd upon this enrions sluli'ini'iit, his tesliinoiiy i.-an liardly
Ho testilied to iii.soli'ni'r of sealers when .seized, tlumoh h'.' does not a|ipear to
■L'li present at any i
if till
to the " Aimel Dollv.
iires. The lojr-liook. ii. should lie oliservi
ill to have lieloie'etl
This is not the name of a Canadian sealer, and it inav licri' lu' stated tliat no Canadian sealer has
'.fr lu'eii foniiil within the H-mile limit. Tlii' otH'ialions on thii
ihooni'
"•I'll nillii'r exiiensive, and thev do not nirrohomt " tin- allocution tli,'it larv'
' .Viiiji'l ) lolly " must liavi'
■atehes wi'i'' maili
:ia" nnnida of ammtiiiition (Mr. Tin;.;li' sniil) «i'ie wasled lor thf t-nptiire of one seal.
.\iiiither supposed entry in the lo^ is most extraordinary for the eaptiiin of a .sealer, under any eir-
eiiiusliuiri's, to make. 'J'he statement inferred to is as follows: —
' It is very discouraging to issUit a large quantity of ammunition lo your boats and l.avi so lew seals returned.'
■flieii' is not a Afagi.stnite's Court in llir eonntry that woiild list 'ii to this oral ti'-liiiiony as to llu'
dilili'iit-i of a log, A rel'i'reiiee to this inetendid lof;— a eopy ol a portioi
f only Ill-ill.; prodin'ed
liy Mr. Mi'lntyre t\\. WA'l of Kvidi-nre) - shows that the iiiptain had an e.xci'iilionally hail I'lew. Tl
fii|ituiii ili'si'iihi-d Ihi'in in the follow iiiv' terms ;
The hardi'st srl of hnnters in rn'liriii'i's Sea ;
ilii
lU'dit with siicli a erowd ai'aiii ; tlii'V are all a .set of eurs
Till
iiiaiii added, howuver, that
iiilv had hunters.
Id la
imii'.; home
now with l,."i(io skills al tin vei-.' h'ast ;" and In
llie liio it would appear that he had no ii';,jnlar hunters on hoiird.
It IS worlliv uf remark that tlu' statemeiiis uiadi' hv ,\lr
'le res]n'i'lin;,' the entries in
aik'iji'il liii,' are not conlirineil hy an iiisiioetion of tin' li,iiisiiipi Mr. Mr.Intyre prodiiees (on )i. .'l.'i-' of
Kvillelll'i;),
Mr rinolu contrndiels Mr Melnl
vn- ri"_'arilin;
Ihi- niinilier of seals on tli
He
states
i|' Ili'-' Kvideni'el that there had lieeii an inerease of seals siiiee Mr. KUiotl's eonnt in 1870 of
[128J
3 L
442
2,l"7/inO. Hp cNpTPssed iii\t\iriil astonislmu'iil (\<. Ifioi at tliii stntciiioiit ol' Mr. Kllinlt TvuaiMiii'^ i,
(li'cruaso, Hesuys; —
" I nm ftt a loan to know how Mr. Elliott L'tts hid iitri>rmatioii, as hi' had ni)t br»'ii un the i^UnllJi for fourteen years."
I'tisliL'd liy the Clinirmaii of (lu" Committi't! IpV tin' following' i|m>stinii, viz., " It is Mr. Srclmyi^'s
(ifiiiiioii lliiit tlicy liavo imt mily tint iiii'iiMscil, but liavi- drereaoncl," tltc witiii'S.s, in vpiily, stiitcd tlmi
'■ tlli'l'e lia.« liL't'Il a slh//il (liliiiliiiliiiii i<( i<i-,\]s, /irohdlili/."
Till' iioxl aiitlmiity (|H(itcil liy llic t'liilcil Slatos is Williiiiii fJavilt. a SpiH'ia! Af;t'iit ■)!' tlif
Tii'Msiiry at St. (hmii-;.;!' Isliiail tVinii May 1KS7 to Ati:,'iist lf<Sy. Tin rvitli'iicf til' this witni.'.^.'s is nut
ii'Icrivil t(i at any liMa;tli \>\ Mf. Ulainc. Tlif wilmv-.s tcsiilipd liflori' tlii' (.'onjriv-sidiial Cmaiaittt'f,
Iniwcvi'v. lliat tli(> (•iii]il(iyi.'s iif tlic Cmniiaiiy 'tlie k'ssfi'.'i) iliil imt rt'spucl tin' laws uf Gtwl or man. Hf
iiMini'd partindarly ^Ir. Wt'listcr, Ilr. l.ntv, .Inlin Kirk. 1 .Injin Hall (p. I.Sd). And lie addtMi tiuit
tilt' rules (if llio Coiiijiany wcrp vinlatid. Tin' (.'niiiiiiittcc liaiidlod tliis wiliit'.s.s ratlu-r nmolilv
Mr. .IfM'ies .sayii..,' to liiia '{]>. If^B] :—
" Vcni hull iu'ttiT iiniltrstiuid what you ;irf talking uliout."
On ]). liU lit' Vflaikes otlicr olticers ol' the Troasury wlio had tfstillod ]iositivcly to iriattiTs williuiil
the means of knowlodj,'!'. The witne.ss was asked : —
'* Wlmt WHS the result of your nhservations anil opinions that you deem reliahie in resneet to the unlawful killiijif of ie»l
atinunlly .-"
Tile witness answered that—
" We have ho mrtmjt of knowiiip that."
He wa.i then jnessud in this way : —
" It is a mere matter of estimate, of eourse, hut I wish it hased upon as ri'tiahle inforniation aa you have."
Wien the witness snid —
" I think llie first sea«on the revenue'ruttcr captured l.'i.tlOO stolen skir.s ',p. 191) , where they wen- stolen, t/A^Mer iJi the in
or out itf it , nil (I'leiit coiitii tfuth/tdtt/ my."
Up also ■showed that the lessees of the islands wore not so ]i:irticul:ir as other Agents jtretenil, wlieii
ho tells ns {]>. 1111) that they lunwht from the n.itives at (timalaska o.UlM) seals killed hy theiu,
there (p. liMl). The r.-iited States ]aits forward this ollji-er as a reliahle witness, and it is, tlicrufon
hut fair to attaeh ini|iortanee to a •■■tatenient whieh weakens the I'oree of Uie f.r ju'dc slatemeiit aiul
opinion of the S)ieeial Agents sent from lime to lime to the islands, iiml who have now been hioiijjht
forward on hehalf of tlie Knited State's as witne.-ses in -iip]iort of a ea.se uhieh eoneerns not merely tin-
Government, hut nio4 direetly the lessi'es. The witness stali.'tl that one uf the employi's uf the
( 'oni]iaiiy told him thai when a (lovernment oltieer eame thtMc and u'ot aloiiL,' with the Company it wm
protiliilile. Vjion liein^' askeil by the (.'oinmittee, hefoie whom he was Lfivin^ evidenee, to c.fphiin, In
reidied that —
" .\ • liin could draw two sal.iries. like Mr. Falkner .ind Judsfe Hlidd^n. one from the GorerMinpnt .in,! one frxn thi- (^imjianv "
(p. nil i.
Ml. Monlton's e\idelKe is next ]iresented (p. 1'.) of Appendi.\). He was a lioveinnienl A','em
from 1ST7 III IMiS.""!. He saiil that there was an ajipaiTnt iiierease dnrin;,' the lirst live years, i.i., tu
ISHL', then a derrease to lS8.'i ( Kvideliue. Ji. l-Ti.'!). Ill this statement he has been contradieteil liv
olhcial Ueports, as will be shown.
The witness admits, however, that female seids, after ^'iviiij,' birth to iheir yonnj;. .smf/.r nut in
jiehrinji's Sea; and he is of opinion that lawle.ss hunters kill all they Iiml, and that they lind mijtlier>
awav from their !inislin,;,'s. No s|ieeiid ri'a.son lor this opinion is ;,'iven, however,
A sailor, Kdward Shields, of Vaneonver, formerly on the ,sealin;j-<>ehijoner "Caroline," is said t J
have leslilied, where ami when ib is not stateil j p, Lill uf Ap))endix to Mr. lilaine's letteij, that in IS.**!'
(Mit of CM seals taken by the " Ciiroline " the .seals were ihielly females, t'pon this, it may Ix' said
ihat it is the eiislom amon^' h. inters to ela.ss all seals the skins of whieh are the size or near tliH sizi'
of the female as " females," for their unidame a-- to the ipiality of skins in the eali h. It mav aUi In-
remarked that it (hies not a|ipear that these females were in milk, and this is always known when
skiniiiiii; the seal. " llry cows " are eaii<.dit, as has been lalmitted, and takiii!,' this evidence, givi'ii
I? /iiiii- as it was, it is at best, if true, an e.xeeplionil ease in ii very small ealeh.
Mr. (llidden was recalled by the Commiltee. and e.xplained that his estimate' of 40,1100 skins «a.*
lia»e(l on newspaper reports of the ealeli of the .-ii :iler.s. lie was, ofciairse, unable to show how iii.iiiy
of these wi re taken near the Aleutian Islands, in llic Xnrth I'aeilie. or on the west coast of liritisii
(Ndiind'ia. nr in the l'n;.iet .Sonnd, bni he evideiilly ciediis the whole eNiimaled catch to litjhriii'.''' Se.i
('oiisci|nenlly be was of ii]iinion that s,.,din'_' in l>ehrin',''s .Sea should be ended. In lead to me better
pieser\ation of seal life.
It is (o be observed thai led one of I hese wilnesses, whose npinions are ridieij upon botli as to tin-
Caleb, the habits, and sex of th.e seal in deep water and the imithod of shooiini^', i^e., lias had m
experienie as a hunter or with linnter.s. 'I'hey were not (ixperts. They were sent to ihe islands tew-
that the lessees performed their obli(.fations as p.ovenaiitt.'d in the lease. The experienee ol must if
them was lindt'-d to ii few years' rl^si(l('nee en the Seal l.slands, .assoeiatiul with and tinder the niitiinl
mllnenee of a (,'omiiaiiy admitte(l'.y a in. Me. poly and dusirous of reslrielinj,' the eati-h so us to ennth'l
the market of the world as far rts seals ar(! e'lneerned.
None of the WRii.-.-ne'-. ■xr>n\ moreover, submitted to n erosH-uxamiiiutiou, and lliev were to n hiivv
t re|/!ivtlin" a
u hither tn thr tn
fwro the Company'
443
cxti'iil litl by the exatuinuis in tiui ()iieatioiis put to thoni. Tlio only facts that wuto possibly within
tlicir liniAvk'(lj;r ii'lat(! to hlmI lifi' on tin! ishinils, to the nioilc of killing.', unci to the times when killed
tluTf. ami to tlicir hiibit.s wlicu in and n)ioM the Moki-ries.
Tin- oiiiiiioiis of ill-,' i^enlli'inen given befoiT the (Joni,'nMsjoiial Comniittee in 18>S.S, ior the most
[riirl, tlion.t;h sometimes coutradiclory, are in I'avonr of the nniler-mnilioneil theories: —
1. That the female seals whili; nnrsin,^' their yonng go great distanies in search of food.
:'. That when out a great distance female seals are shot, and the pups on shore are lost for want
oftliiir mothers' ear(!.
:1. That the greater part of th(! eatcli in llehring's Sea is made n]) (jf female seals.
I. That the destruction of the seals when hunted on the sea is great in c(jnse(|uence oi many
wnuadeil .<eals being lost.
All of these o|iinions are ]iut lorwanl in .support of the main pioposition of the I'liited Slates, viz.,
tliiit "^iiice ^S^^1.'. and especially sini'e ]f<S-l, the number of seals usr.ally collerting on the breeding-
"ryiuid has constantly diminisheil.
The C.iuailian (.iovernment joins issue upon this, and the counter-assertion is made that there liius
Weiuio appreciable diminulion of .seals fre(|Ui'nling the rookeries, ami it is cdaimed that the seals are
iiiiire nuniiToUs and m<,ae valuable upon the rookeries to-ilay than ever in their previous history; that
ilii< is the fact notwithstandim: ihe rookeries have been for twenty yeais pnictically unprotected from
lii.''iai-nt and most dangerous raiils upon the actual lueeding-groumis, and many other injuries, all
williiii the control of the (iovi-rnnjenl of the I'nited States, as hereinafter siieeilicd.
The Canadian CJoveruinent a.vsert.s that thi' seal life upon ihr islands cannot oidy be maintained,
l.ul ','reatly increa.sed by llir adoption on the part of the I'liited States of —
1. An ellii iiiit nii'aii-i for the Jiatrol and protection of the isl.inds.
■-'. I'.y ll'c prohibition of the killiuL' of pups by the natives for I'ood.
■ '>. l!y reducing the number of yearling .seals to lje killed by the lessees.
4. l!y not permitting auy killing of seals upon the i.slands, excepting in Inly, August and
.'N'pti'iiiber.
.' Ily preventing the Aleuts from killing seals on tlicir migration through I lie Aleutian I.-Iands
Mil ili'ir way to and frnm the breeding-gnuinds.
in Mr lilaine's di-spatch to Sir .lulian r.iiincefole of the 27th .lanuary, IS'.lfl, he proceeils upon a
Miiiicwhat diM'cicnt grniind than the evideiir,' already reviewi'd, in order to show the necessity for
jiroliiliition of , sealing in the waters of IVhiinL's Sea.
The 'J- jiiirli I'videiee before the CongiessioiiBl Conimiltie satisfied that Committee that "the
[.iisiriit number of .seals on St. I'aul ami .St. (.ieorge Islands ha.s m.Uerially diminished during the last
two 1.1 three years," vi/.,, from .'SUli to 1H,S!I, while 11 r Mclntyre, wlio.se evidence is so much relied
il|rf)ii liy the I'nited .Slati'S. dales the d(!crease from IHSL!,
Mr, I'laine, hiwever, ado]its the view that the rookeries were in prime condition and undiminished
iii.til Is.S.", when, .IS he ,says, (.'anadian sealers made their advent into iVhring's Sea ami the injury
ln'gaii.
It is therefore important to point out that tlir o|ii'ialion5 of the Canadian sealers were absolutely
liari.ilcss compared with the numerous depredatiomf npicn the islands for the htst century, which,
hnwivcr, have not yet begtin to alfei'l the value and number of seals on these wonderful rookeries.
.\heady evidence has b!;en cited in this paper eslablishing ihi- fact that extraordinary slaughter
ncciiiicil prior to 1M7U, and that after all this, when the total number of seals on St. I'aul and
St, (ieorge Islands was admitleilly less than now, it was deemed .sate to permit 100,U0U male seals of
1 year or over to be killed annually for twenty years, &e.
Ill ISi'tl Collector I'lieljis. of San Francisco, reported : —
" I Bin wsitred thi- fntln number taken Mimli ^f thi- hlnntlii of St. ficorge nnd St. Pii'll will igprpijiitP, s.iy, 10,000 to 'JO, 1100 per
inimin." (II. U. 1:1. Doc. No. ;l,'i, llth ('oiii(ri»ii. 1st S."<»iuii.i
riie Ailing Secretary of the Treasury liepaitment, in September 187", pave permissi<iii to the
''iiiup.iiiv to n.se (ire-arms fur /'mlirlioii <>/' Ihc w/«ii</.s ni/nins'. iiKirnudirs (If, IJ., 44th Congress,
l.st N's-«ion. K\. Doc. No. ,^.'i, p. oil.)
Ill IX7'2 Collector I'helps. lo Mr. Secretary Iloiitwell, reports expedition fitting out in Australia anil
Vi.t'iiia fiir sealing in llcliring's Sea with the oljeet of capturing si'ids on their migrations to and from
^t. 1','ul :iijd St. (Ieorge Islands, Seiaelary lioiitwell did not ronsider it ex]iediciit to interfere with
ilive .i|.eniiiiins if they were carried on .'! miles from find,
111 b'<74 .Mr. Seci-etary Sawyer, writing lo .Mr II, \V Kllioll, lefpirnl t... llrilish vessels taking
liir-viiU ill Iniieil Siale^' wate|s< and to the seals lieeoming more numeioiis,
111 I.S7.') .Mr, William Mi-Intyie, an .Assistant Agent of the Tie.isiirv, desetibes having liiiii told
lli.il the new of the .schooner "Cygnel," as she lay at anchor in Zapad'iee liay in l.'S74, wi'iv shooting
*''.i|s lioiii the deck, skinning tlieiu, and throwing the carcases overboard which was alarming the
*'m!- ,iii(| .hiving llu'iil IVoiii tiieir bivi;ilii,g-gv..uii.ls. .\ii.l he -aid : -
' I W1^l„,| til |ti\,, the iu|.t»in ..t' tl.i v.'^s.'l ltiTi,-ly warllliii: betore )>r...-reilili^ to liftrnh i.).-u9utr« 1 h«(i nr'.ieil tlie il4tiv..ft with
'!' itit|...iii,„ „) rrpetiii.^ Iiy Unw nuy iiftrttiptK to full f"» on Me r'if(*erip» or mthtn riftt-thfif o/ Ihe lAvrv. ll' tli. .-rews ftlill (h'rHi^tt'.i
'.i.li'liii; M. after the pen-ipt ..f iiiv l.'tl.T I., ll..' .'ninaiii,"
lb .1. V iil.eil the ..pi'iiui.iiis ..f the " Cygnet " umler the dilf near thi: rookery, which alaiiued the
' .1" s.. ih;ii ihi'v Icli ill., rookeiv ill l.iige iiiinil.ers. (K.\ l>o.. No. .s.'l, p, 124 44^;, v.'oiigress,
bi. S-.i.ai.i
Till- \es.sel In again lepoile.l by Sp.'cial \'H'M I'rvalit in \'M\ May, l.ST-'. i Km. I)..c. No. ,S:i.
!• '-■.. I ilh CongiT.ss, 1st Sessi.in.)
I'l'.iii 1S74 to I.S7H .Mr, K. . I. Morgan \tloriiey f.a Ih.' .Ma-ka Company, w.is ..n iht- islamis
iii^ ihe \i'ais l,S(i8, Itili'J, and fliiiii 1H74 to 1S7H. He .siK'nks ..I several raiils upon the islands in
[128) 3 L 2
444
liis tiim', iiiiil lu- Miys tl,:' wlioli' i|ni'sliiiu ih nnr nr innir miivri la /iri'/fl ihf riinhrrin- mi llir i-'lnnds.
(H. I!. Kx. Doc. Nci. ;;ss:!, r.lHli ('(iii;.'icss. ji)., r:X, 71, lO'.t.)
Ill 187;'! til" I'viilfiK'r of I'iiriiis I.yiiiiiii i'ont;iiiis tlir folic ■wiiii; iiiloi niMtioii. ( lfc|iort, (.'oiiiiiiiUco
Ways ill 111 Mfiiiis. Ilousii ilcjioil Xo. fll':; 44tli ( 'uiiLiir-*. 'st Si'ssinn.)
' Aiiswciiii;,' Mr. Diirdiiuul ii.s to whiit lit- kiK'W iilnmt llui st'iziirc of tlio " .Sun Diego," Mr. I.yniau
replied • —
" There wnn a srizure mule of the ' Siii lYu-fit,' a schooner, near St. Paul Itlnnd, on the 27tli July last (ltl76), on hnarj of
which were l.GliO fiir-scHl skins. The ' S.m Dieyo * was sent liown to C'ahfornia, anil arnved there in August.*'
Oil p. 7;> of the .■^iiiiio Ki'pnrt, Mr. Elliott, in aiiswor to Jfr. (Jliiiiiin, sa\.s tli.it tlio skins liikeii fioiu
tlie "San DieLrn" wcrt: from 01 In- IJ'ind. our of the Ifa.^cil L'rou|i.
In IS81I Mr. Mcliityiv rc]ii)rti'il tlu; I'stinnitucl iiniinul .slaii'ihlcr of ."i.ilDO pr(';_'iiant fenialua on tin-
British C'olniiiliia coast.
From IJciiorts of .Special Af,'cnt Ottis anil l.'a|.tain Ilailcy respecting the people of Alaska and
tlieir eonilition (Senate Kx. Iloc. Xo, WVl. 4lltli (.'oiiLrress, "Jiul .Session, vol. iv. p. 4), (.'a])taiii ISailn'
says :—
■' During April ami .May all thi- coasl Imlians. fr-ini th.' muutli of the Str..!ts >\i Finn to the north entl nl Print-e of \Vali> laland,
litiil prufitnhli' er.i(,io, In, ul in tai%ini.' fur-Sc'aU whieli fytw lo he niakioi the j);i,»,saj(e itl<ini( the coast to llie north, Ifjnt; |in>h.ilily i
portion of the vast numher that finallv eiuierrirate at the Seal Island later in the season. 1 am informed hy the Iiniians thai must of
the seals taken ahnii; this eoast are females, and their skins fiii.i a market at the v.uious lliuison Bay posts."
On p. ;!4 of the same Jtepurt, in a list of flic vessels lioaiili'il, he t;ives the L'liiled States' schuiiiin
" Loletn," Dexter miu^ter. seized at the Seal Islands hy Special A.v'eiit Otlis.
iu a ItejiorL by Special I'oniiiiissioiu'r Ivau I'etrolf in tlie yisir DSSU, he says : —
" As these seals pa»s up and f),>wn the coabt ,0, far as tlie Straus of Fiica and the mouth of Coluuihia River. <pjit>' a imaiber ul
them are secured hy hunters, who shoot or spear them as they lind them asleep at sea. Also small vessels are fitted out in iiari
Francibio, wliieh regularly eruize in these wat.-rs for th'.' purpose alone of shooting sleeping seal." (\\. R. Ei. Uoc. N,i. 10,
46th riongress, 3rd Session, V')l. xviii. p. ti'i )
At p. (il of the same lieport tliis ollicer speak-- of llic natives securing' l,'.'l'(i to l,4(io yoiiii^ fiii-
seols ill triinsitii throiiiili ()onalL;a l'a.-<.
Special A,y:enl D. I!. Taylor, in IS.-^l. slates ihi'.t the (,'iini]iaiiy was jioweriess to protect the iskiiil.=,
bttt thot if u hiirhour Wiis huilt and a d iim-hmnrl. sliifi'iiifil i.l mrh niiuiul thri/ coiilil be. jirolcilol. He
states that vessels (ji> to tin: ixland-'i mid kiU Ifi.tlUO In l.i.OOlt it-i/i'ar, mid. thnt lIMI nastl.t liaic ken
pvuvAiiuj iihoiit l/iisc itlit luh for liniilt/ ipars. (H. 1!. Ex. Doc. No. :.188:i, '"iHtli Congress, p. 58.)
Mr. Treasury Agent H. A. (ilitldeii. who was on liie islands from 188:i to 188j, shows that tlie
trouble is at thr ialuiid.i. The hunters go there on moonlight nights, lie stated that he took iios.^cssii'ii
of a vessel whih' the crew were on -hore killim,' seals. Tlie Ooveriiment, he goes on to say, did not
keej) ves.sels there in his time, and he leeomnieiidcd that a reveniie-eiitter ■should lie kept tlicrc l"
guard the islands. (II. U. K\. Doe. No. :;88,'i. .MUh ( 'ougiv.ss, p. L'8.)
I'rior to the decision of tint United States lo arri'st vessels outside tlu! o-niih; limit in IScliriii.'-
Sea e,\pericnce had shown that the iiolice force at the islands could not protect them from raids. I'liis
is illustrated in a letter from the Secretary of llie Treasury, Mr. \V. Mc( iilloch, dated the 24th Fehniai'v.
188J, wherein he recommends that 2.",l]0li dollars lie obtaiiieil for the iiroleclioii of .seals and tlie
enforcement of the laws : —
" The Hi'ai fisheries," he states, ■■ yield annually t" the (lovernment a revenui- of a'mut ^aO.ono dollars. The islands on wtiii li ll"
seals are taken are prottxti'd from incursions of marauding vssels alone th'oujth the eriii/ing of the revenue-cutters. Last year ttip
officers of the ' torwin ' seized a schooner engdgert in taking seals unh.wfully. Without the use of cutters the fur.seal industry hi-
no protection."
The letter closes liy asking for L'''i,llu(i dollars ' m the Intimates (or next year," (II. I!. \.\
Doc. No. 2''il.', 48tli Congress, liiul Session, vol. xxix.)
September 1,1884, the Hamburgh .schooner " Adde " «as seized for violation of section I US''
Ueviseii Statutes, United States.
In 1884 Cajitain McT.eiin. master ol' the scho.inei " .Mary Klhii," was in riehring's Sea fmiii iln-
8tli .fuly to the I'L'nd August, lie took l.',007 seals, ami was imI interfered with. (See his ile< laiulieii
tllidcr .\ct for the Siippiessioii ol l•^vtra-jlldicial and \'oluiit.iry Oullis.)
Mr. (ieorge Wardmiin, an oflicer of the I'liited States' (lovcnimeiil. was at the .Seal Islands M.ij
1880. lie was also ihere in 18711, .iiid, in addition to his evidence befoie the Congressional ( 'oniinittti',
he has rept rted to his ( lovernnient, ami has written a book upon Alask.t ami lieliriiig's Sea, " Wardiiiiiii.s
Trill to Alaska," iniblisljed in 1884. At p. lib of thi., is given an account of the raidiiisi of •Mtci
Islands, ami toe eon.sei)Ueiit riMiuest for a revenue marine giiaiil at that place during l.liir sealing .scasoii
wliirli was giauteil.
In 188."i Captain Mcl.i'an again visiled lieliring's Sea in the " Mary KUeii." He was thcic li'iu
the Itli 'Inly to the .'!rd September. Hi' took 1',.''"" seals, and was not interfered with.
(japtain Healy, in reiiorting on the cruize ol the " Corwili " in the ISehring's Sea, in IS.S,' wlun
speaking of the seal tistievKis, said: —
" Durinp fhe year quite a numher of vessels have raided Alafikari waters for seals and other fur-bearint' animals." i M ft. Ki
Do,. No. \M, 19lh Conitress, Isl Sieision, vol. xnxli.)
Ill IStMi the (bivi^riior of Alaska, in lii.'S lieport for thai year (|i. 4I>), stati;s thai an iiidiuninihii '
sliinghter w.is c.irrieil on iireiim/.'^ to the seizures of 188o.
Ill 18811 Special XkcmI ringle, to Siitietnry l''airf:hi|il. euiigia'.lilaled the <b,ve.iimcnl on ihc '!"'■•'■
u\ the ' 'San Diego, ' which he culled " iiii uhl "Hcnilcr." "This," Mr. Tingle remarketl, " will do iiiucli
111 I87h
I .\i llL-ilVe
llllllsell s,i
111 1-).
.-UK'C 1S,S_
■Til' ivi,
■• I .ill
Tile [lermtl
■■iiintlrs. iiiiu,
Mr.
•mum.
A|'l)fiidl.\ 1 1
Cdiiiiini
"frira Mr
'••• Mr, KMiiili
44')
1.1 liicak ii]i iMiinuidiiit; liii.siiit-ss nrounil llir islamU." Hit liiitlHi- w^i-' . llic (iiAriiiiiH iil tn kii'jj i
nitti-r iiJiiiiil flu- ishiniU IVniii llic Ist .Inly in llic 1st Xiivcinlicr.
Tlic aljovc I'diTrlici.'S, it is .suliliiitli-d, rstablisli cijiirlnsivcly llic i1cIV';il(,-Ic'.s.s coiiilitiull oC tliu islands
tiiiiii llir ilciiri'diitidiis 111' tint iiiiiniiiiliTs ur pDiirlirr.-. iipiui llir luukciics nut (imi lici:iLr ;i <_'auailiiiii) f.ver
iiiiiv thi' ishiiiiLs caiiK; iiitu llif ]iiissi,'s.siiiii nt' tliu I'liilud Stales.
Mr. I'lliiine, in his dcsjiatcli of llic liTlli Janiiaiy, 18!)ii, rcniaiks llml —
■ Prorei'ilinj; by a close oliciiience lo tli.' Iiiws nf Nature, ami rigid]; limitinf; tlie nunilipr tti be anniiallv *liiili,'bU'r('d. tbf (jiivrru-
:n<iit luciffilril ill iiicrcu«ing tbe total numbfr (if scalf anil aitdinf; corr<-4pon<liiif:ly niid lurf;('ly to the value of iIm' lisberies."
.\iid ill the .saiiio d('S|iatoii hit .^I'caks of the ]iriitilalilt; juMsiiit iri tlii? business down tn llii: year
To shiAv that lit till! iHTSciit time the value ol' the islands is 'jreater and llieir eimdition i.s hotter
rliaii ever, it is imly neeeasary tn uh-ierve that while the late lessees jiaid to the (iuvernnictnt of the
1,'nileil .States an annual rental of .'iti.OOli dullins m addition (o i' do), li:.'! e. jier .skin rorlhe total niiinher
t.ikeii. the oilers, when the islands were ]iilt up I'or eonijietition in L.S'.'O, were eiiuiiiiondy e.>:eeeded,
.ts will lie .seen on reference lo ii sehediile ol" the ]iro]Mwals .sulmiilted to the I'liited States' Treasury
|ici«irlineiit in resiioiise to the advertiscmeiit.s of the Treasury inviting oli'ei's lor the i)rivile'.;es, dated
tlie LMth Iteeemlier, I.S.Sl), and the iJUlli Kehruary, 18'JII.
r|ioii releri-nee to the evidence hefore the ( 'on;,'rcssional Coniniitten (II. 1'. No. M.S.S.'i, ."lOtli ('on;,'re.ss,
;.'nil Session"', it will lie seen that "the (lovernnieiit now, irillii.ul aiii/ eitrt ur rid; ;;cls :il7,0M0 dollars
,1-veur lor tint loa.^e." And at \i. !•'.' of ihe same l!e]iort it is stated that the animal income t"iom skiu.^
ta the Ooverninent wu.s ."ilL',7.'il> dollars, and thai in sixteen years the t.'nited States' Ci'iveninient
iwuived rniiii the Alaskan fur-seal industry ."<,L'0o,77'' dollars.
II is riirlher staled that tlu- (iovernnient had then alieadv hepn repaid tlie ca].ilal siiiii paid for the
wlidle Ti'nitory of Ahiska, and more, ■with "her in.iiiy varied, and, us I helieve, iiuomiiaralily t,'reut
iialiuniU resources, to rejireseiit the investment of eapital first made."
" Fiftb. — 'J'/ie Itfcttyts and ICipentes of thi; (fortrrtwiit on acfifut 'if »aui i.'untrnct,
"Thi- total alQ.iiiiit puiil by tbi- li-..(iii'i'<t on aitcount of oniil cmitrAft up to tbf 30tb .Itiiio. 18>1H, iiii lii.<i\c, wii> 5.597,1011 dollari*.
Tht'totnl atnouiit <-i{i.-iHie(l by tbr (lovrnnnt'iit ditrini; tbe haiop p.'nui) ifa< about 2.^a.aal> ilollarH lor -.t;iri,.,t anil travrlline ezp(.nt.es
"f .\i.Mit.* of tbn TrtaMiry IJrpartin.-iit at tht- ^(;al Iflaiuts and aOout IMI.IIUO doilartt fur 111.- rfVfii...'.*-iilu.r9 i-rm/ing .\la^ka^
wller.'.
■■ lo 111.' atiiouilt alr.'ady reci-ivcii Jin'ct from the Company iihrmM b<- aildi-d Ilic sum received by thf Viiit.-it .'>t.-itt's from rustoiiig
dotiffl till .\la^kHn.drr5iwd seainkins jrnportctl from Ruroec. ■aioiiiitiiig to .1.426,ti'10 dollar^, to wt.ifli shoiilil br added tin- -uni of
Vli, 'too dollars rUdtoniH dutie.. '>ii iiiiporte<i }4-ai>l(iii!. tukrii b> said l,onipaiiy iiiidor its r'Uilrm-t witb Russia, niakint: an jigjn-L'ato
iiiitiuiil re.< iTfd by Ihe (iovoniiiiriit on ai'.ouiil of this industry Mf 9,5l2.\2:i5 dollars, being 2,32.'>.iH3 In excess of tho aluuuut paid
to Itiif^ia for the Territory." f Kcporl of t.'ongres;., U88.)
It can now be .shown how niuivenous has lu'eli the iiierea.su of seals oil these islands, notwiih-
.staiiiliiio the ab.seiiee of tint protection lo the rookeries and o-niile limit, whether aioiind the islands or
lit llic different pa.sses in ihe Alcuiiaii raiipie, where the brrtilinj; seals in pii[i ;jo twice a-vear.
III l^iii'.i Special A>.'eiit l.ryanl estimated the iiumlier of seals to be lus follows (41st ("onyre.ss,
-ii'l Session. No. :;■_', Senate, p. 1,: —
'Oil St. Piiiil Inland ..
On St. George Island. .
Total
1.152.1100
570. Olio
l,"2S,000
1.S74 Mr Klliott, alter e.\aiiiiiuilioii, c.stimuted the inimber of seals to
" On St. Paul Island ,.
On St. (teorr ' Island. . .. .. .. .. .. ..
3.030.(1(10
163,420
ToUl .. .. .. ,. 3,193.120
I xilii.-iive of non-brec'diiio seals, ami adilue^ those lo liit tstimale ol Mr. Kllioit ju.st i '^uted, he
lumseh .said Ihal ibc total W'.ild reach 4.70U,0lHI.
Ill I.H.S4. loiii; lifter ihe [leriod when Mr. Mclnlyn- staled that (he seals wtie deereasiiic^iis lie said
since ISSL —Mr. W.-u'<liniui, when writing fmni tlu' islands, tells u.s.—
"Thi' nTtmlicrnf si-nla is steadily ilicreasintt." (" A Trip to Alaska," p. 93.)
Mr. II. .\. (ilulden, an A'^'ent of the Tri-.i.iuTy from I.'IH'J to the sih .June, |S,S."i, an aiilhority nuoie.t
iiy .M; I tlaine 111 support of the rinleil Slalefi' eiintenlioii, fold the ( 'oni^iessional ( 'niiiniit'ee in IH,S,s,
111 iTplyiny lo the ipiestiiiii. " What do you ,siiy ahimt the iiierea.sc or diniiniiti'Oi of the nuniher ol -iuaXa
"II till' rookeries of Si, raiii and Si. lieorge '"
" I 'lid (. ' riotiec aov ■■brtiiie . . 1 . ould not see any parlieubir diffen'nre. They eoiiu' and bate their young and po away.
Hat period ol Kestalion is elerr" monlb", and llim they isiine back in the t.prilig following. They are there ili)'-:-ig the tea^on in
•■'itintlMs iiiimllers " (KTidenei' before leiit?rc9sion.il Coiiniuttts-. p. '27.)
Mr. (ieorgfi 1; Tinrle, a Sjieeial Aj^'cnt of the Tri>aNiii>, ,i;iive liis evidence before the same
■Biuiiimc, and he is put forward by Mr. Ulaiiie in snplH.rl. of ihu I'lnled State.s' contenlioii.
Aiipcudjx lo Mr. lihiiiut's letler to Sii .luliun raiineehite. Mareli 1. p. I".
< onlirniiiiL; Mr. (lliddeii's opinion. ii.s above cjUoted, Mr. Tiiiijle sum ; —
"Kmro Mr- Klliott * sinlenienl I understand that there are no more seals nom than there'Veo in l^^*i. I am at a lost c' know
I''* Mr. Klliott gut his mfornialion, as lie bad not b'-en on the laUndi. for fourteen years."
446
Till' Siiirn; Ml. Tiiii;lL-, in l^iHT, it']ii)rk'cl lo Swrotaiy I'aircliilil lUat : — ' '
" lie found the hues of otrupHiiry t'Xtmuhni; tjuvond tlio.^i' of last yitar, und tlif ov/a r[iute as tlt^imely ))iu-knl on tliv Krnuiid nu
nitist uf till- n»)kerirti, whilst (iii Iwii riioWerii'a tiieie i* it-iiin- tiilliii-^-dT. // if f-rtijin, Imwevcr, this vast niirn)i(T nf rtnimiU, |.,
valunble to the GuviTtimeiit, are Ktill uii (iic inci'cai^u. Thv coixlitiou ut iill l)ie r'iok<-rit-!t nmUl not he bt^tter." i .\|i]iiMidii t i Kcinm,
(■oinfr.'jf«i»iiial (.''uniiiilteo. 18^H, |i. 35y.)
In a Ui.'iiuit of llif ALiskii ('uinniciviiil ' 'uniiiany MMlli I IttcfmlAM-, 1.SS7) il ia .sliitud llial .Mr. (li'.it_-.
];. Tiujjlf, lliti Ayunt apjiuiiiU'il liy tlio Stcnaaiy of lla- 'rrca.suiy, ,siili.';taiitiall_y cciiilinn.s Mi. Kllinti n,
his vi(.-\v iL'ttiTwl to abirve, exci'liliUL,' that, upim a wirul'iil siiivoy by liiin.sclf in IftSC, lio i.'tiliiiwtcj
tlial tlui I'lil-.-icals ujii'li llii} l.wd islumls had iiifiuasfil in niiliilifr almnl L'.IJOO.UOO ii|i In tliiit tiiu'
Mr. Tinglo's oslimate Ibr ly.Sti is (j,.ja7,"5il (H. li. Kx. Iicic. Xo. :U, ."idlli run^iross, Isl Sii.ssion), niul ;■.
I Incumber llii; Ala.ska rDinuifiLial Cuiniiaiiy, in lliiiir Ucjiort, ,saiil llial tliu si-als Wfrc mi th^
iucrui.se.
'J'bc lale.sl ileliiiilu iurnriiiiiU"n a|jpcariii.L.' in llif I'liitctl States' ilo'ainiclits ii';,'arilin^,' tlic cniiilifii,;
111' llie luukerie.s i.s iinilaiiioil in tliu llel"at ul' Mr. Tiiij;li', \vlin, aa S))eci;J Aui'lit ol' the Tri.-:i:iiin
]Ji!luutiiieiit, wrote iruni St. I'anl l.siaml, Alaska, Uie Ijlsl July, iMSS, nn lollows : —
" I am hapijy tu lie able to re('orl that, altiiough late l-irnlini;, the brfeiiiiiK rookeries are filled out to the lines of iiieaaarfuifnt
heretofore made, and iome of them much beyond these linen, slioning conelukivt iy that seat life ia not heiiii; depleted, hut is fully up lu
thr estimates gireD iu niy Keporl uf 1687."
Krow the above United Stairs' ollieials il is clear that, with only [lartiiil pruteclijii on the i-ilamii,
the seals have iucreasud in an aiiiazin;^ di'^'ree. These islands, containing iu l.STl lln; largest luiinU,-:
ol' seals ever I'ouiid iu the history of sealiuj; at any place, eoutaiu to day a niorti lustiiuinliiii:
iiuuiber.
When tiie luiniber was le.ss than half of what it is at prestmt, Lieutenant Wnshburn MaMianl. of
the I'uited istalea' navy, was instnuled lo make an invest ioatioii into the condition of llie fur tiiiJcoi
tlio Territory ol AhL-^ka, and in 1S74 he reporled llial 1 I L'.OUti young male .seals had been aiimially
killed ill eacli year, from liSTH to 1H74, on the islands cmnpiisiug the I'riliylov group, and he did imt
think thai this diminished the nunibers. Lieulenuul Maynard's Kejiort (Wth Congres.'-, 1st .Session,
H. li. No. A''<), as well as that of Mr. IJryaut in ISl'iO (Kx. line. Xo. oli, -ll.st f'ongre.ss, lind Scssiniii,
largely supports the roiiientiou of the t.'aiiadiau (ioveriiinent respecting the prciductiveiiess of t lie seal
and their liabils during llie breeding .season.
It is not denied tlial .seals enter lieliriug's Sea for the purpose of resorting to llie islands to prop-i-
gate their siiecies, and because the ininieii.se herd is childly eonliueil In the i.slaiuls for this purpose
during the lireeding .st/a.sou il is that the .seals li,ive so constantly increased.
Xotwithstanding the lax i.-Mijrts on the part of the United States lo guard or patrol the liiceilii:;
islands, the diltieulls uf a|ijiroachiiig the rough coasts ihcivof, the prevalence, of fogs, and other lausc
have. 111 a large degree, prevented too destructive or too numerous raids being made upon tlw
rookuries.
The I'.inadian Uovernmeiii contends thai while seals in calf are taken on and off the coa.st.s of
ISruish Coluuiliia and (,'idifoinia, and also during their migrations near llie .'Vleuliaii Islands liy Iiuliiiiis
ami Aleuts, the Indk of tlie seals taken in the open .sea of that part of the I'aeilio Dcean called IleliriliL'-
Sea are liulls, bolii nld and yoimg-liut cliielly yoiiug — and lliat most of the cows, when taken, arc know;
as "dryeows,' i.i... cows ihiil have iiui'sed and weaned their young, or cows that are liarren. up lli",-^
that have lost pujis from natiiial cau.ses.
It must iiLso be maed that there are more lemidcs ihaii males iu a herd of seal.s. ("Trip''
Alaska," Wardnian, p. '.H.)
The position taken by the (Canadian (joverumeiit is sup|iorti!d —
1. Jly the history of the rookeries as above given and the great increase shown, desjiite tlic coiistaiit
killing aui.l raids upon liie Lsiands ikiiing the past century.
2. liy the fad that llie old bulls that have been able lo hold their po.silion ou the rookeries go lii
the water at the end of the niltiug season, between the l.st and lOlli .Vul'UsI. (H. 1!. Kx. Hoc. No. >.
44th Cougreas, 1st .Session, .Xpjiendix, p. KiL'.)
Mr. (.'lark, riu tlie .Uitar;lie seal lisheries, in "The Kisheries and Kisheiy Industries in the I uiK-l
States,'' ly.sT, pj,. 4'SS. -Vdi, says: — /
•■ 111 very .-lormy W'.ather, when they (ihc seala) are driven into tiie -ea, Ihey .ire forced to ht'Iake ihemftilveft 10 the ilitltir
slile of the island, Iiciiee the men tind liiat Hturniy weallier pp.yfe Item he-t. Two or tline old nmb -, lern.etl ' beacleniaster*,' hull
beaeli to Ok ninUee and eover !♦ wuli eowt,. but allow no other males to haul uii. The males h*ii' furiously, and one man I'lli' ■:
that lie had s-i-ii all old iiiiile take u[> a youni;' ^ i"ie in hia leeth and throw biln int.i ihe air. Tlu males show n^hl when nlupptil. uc
are wl.ii treat dilhrulty drivto into lie- sea.
'' The) are sninetimca treated with horrible brutality. Ihe f<-'nalei Kive birth to the youug auou after their arrival.
" Alt'T leaving tli>^ mokiiies the bulls do not return to tlieio ai;ain that seoaoli."
•
;l. By tlie fact lli;il two-thirds of all the males that aie borr are never permitted lo land a[«iii tii''
.'•aine ;ir<)und with the females. This large band uf batdielurs, u<hfii it ri.tilK laml, herds miles awav frniii
the bivediiig-groiinils. (11. \V. KUiotl, II. li. No. 'A^W.\, odtli Cougtess, p. 1 IL'.)
ihey Bit! tlriveii oH' into the water. ((Jlark's article on Antiirctic seal tishery iiultisirii sol ilie I niwii
Htiiics, aeeli'ui o, vol. ii, Ib!s7, )i. 4ol )
Vouiig seals are prevented iruin landing mi inokfrics. (Kx. Iioc. S:!. 4Ith ( 'ongK'ss, l«l SfSSidU.
p. yii; see also Kilioti, H I!., 1-Jih i ongiv.-s, Isl Session, F.<, !»•"• No. .'^,'5.)
Ve.rliiig neids ntrive libout tiie middle of Julv, ..ccomjiaiiied by a few of the mnture iiml'*
ruiuiiiniijg a oieater jiart of the time ni ilu^ wiiU-r. (II. 11. Mclnivii'. 4i.st Congrt'ss, 2ml Session, H. U
Ko. 'M\ p. 14 ; also li. It. Ex. l)oo. 4."', Kst i-iession, -Ulli (,'ongress, ]i. 4.j
Mr. Samii d Kalkner, A.'isi.slant 'I'reii.siny Agt^nt, writing from Si. (ieorge Island, 1st August, 18"'.
lo Jlr. Ihyaiil, Tr'asury Agtiil loi the Seal Ihliiinls, says: —
447
" I niifiri- on some of i\ir n)0lci'rie8 tlic pai^ni-c-wiya, fornit-rly (iciMipieri liy yoiini» barlifilorn itt haiiline upon tin- btirkuround,
ar^ conijilttrty blnckc.l n|) by fctiialiB, thus |iri'vriitin:r ll.c TniinL' st-al? froth lurulinc ; rtinl in llic Kroiltr portMniit tbi' Imkn'I sii-.ip i>
fipinpon^l >^f bieh flifr*. It r^UfiiTB it ilitfiriilt for «ny j^rrot number to t-fffct h laiiiliil?. Then- ttn- hImo nulntTinm ultl niJiles onfliititly
gnwdine Ilic shiiri' line, wb cb nialtPR it still tiiiirp <iiltipiilt for the yot;iiir ones to work tbpir way on ttie imrkground."
suols. (" Tlill (•
>i»|iitt' till' iniistei
ritis in tlir I'mi'
Till 11, iiu'ui", it imiKl lie ri'iiiciiiluM'c'l tliiil llic iiiiii-lnvi'iliM;^ ro.'iIr, foiisiiliiij,' (jf all tlic, vciirliiaisiiml
all till- 111, ill .< UM.Icr (i Ml- 7 vi'iiis 111' atrii, iiciivly i- (Hill in innnlrcr ttui lui'i'iliii]^ sctils, iiml Mr. Kllintl
I'sliiiiiiUil, mIh'ii tlii'iv Welti 4,7nn,()0l) .seal" tin tlm isliinil, l,ril)il,(l(iO (if tliis iiimiiIjit wuri: iioii-lircfiliny
«f;i|j. (Klliiiit, .Ajiiirtiilix tn II. II. Kx, l((ic. Nn, S/>, -I4tli ( ■mif.TC'ss, 1st St'ssimi, p. V'.i.J
<ln lliirk I'll',.';,')- (luys liai-lu-lur sciils, iniiiiln'iin^' nvpr ii iiiiUioii, will often liiiiil out tin dilleretit
liiiulin_'-i.Tiiuiiiis, iinil on llie riieiinciici' nf liuu wei.tlier tli.Siiiipiar iuto tliu water. (Klliutt, ]i. 114,
H. 1!., t4tl) (•(iii'.'iiw, 1st S(!,~.siiiii, Kx. Due. Xn. S.'i.)
Till' vmiiii; liai liclor.s du nut remain dij shore loiij; at a lime. (I'au'i' 4, 4 tlli (Vm.^re.ss, 1st .Se^simi,
i;,\. Dir. No. 4M.)
Tlii'V aro ao miiiierons, however, that tlioii.saiiils can he .seen ii[ioii tliu hauliii;,'-griniiiils, as all of
lliiMii lire never either on .shore -r in tlie w.iter at (lie same time. (Ibiil., ]i. -1-1.)
r.v the fart that the cows .vmiiin with their imps anil suekle them until all have left.
TJiev ilo not L'o on the rookeries until '■'< vears of :v^i-. (II. l; l',x. Due,, 44tii (.'onyres.s, 1st Session,
.Vi..t:i. Ji. 4,,
Tliey ilo not Ro far from .'ihore until the youii',' are reareii. I'eron ,say.s that holh parent ele)i!iant
seiil.< .sliiv with the younu', without feeilin.i,' at all, until the yon n;,' are G or 7 week.s old, and that
then ti.e old ones conduct the yoiin;,' to the water. (Clark's article on .Antarclie seiiLs, p. 424.)
Tlie youn,i^ are suekled hy the h'lnale.s for some time and tluMi left to themselves, lyin:; on the
lieatli, wliere they seem to fjrow fat without fiirthi'V feeding;. ("The Ki.sheries and I''i,sliin.L! Industries
of the riiited States," section .'i, vol. ii, 1887, p, 4L'4.) For this reason those that are pupped in June
m'uil in the water in August.
Si, also, on the African coast, the .''eal remains until the youiig can take care of themselves. (H'iil.,
The luilk of the seals are confined to the island.s until ice surrounds them. (If. 11. Kx. I >oe. \o. 4.",
14th Coiip-ess, 1st Session, \>. 2.)
The seals never h'live ;Iieir places, seldom sleep, and never eat anything,' fioin Mny to Aujust,
when they take to the water, hut, it is believed, take no food until their iiniil departure in N'ovemher.
II. II. Ml Intvre. II. Ii. Kx. I)oc. No. MO, 41st Coiiirress. 2nd Session, vol. v.)
Mi. KUioU says, "perhaps she feeds" fp. ISn. )iis Kejiort on Ala.ska, 1874, II. It. Kx. Hoe. No. s:i
14lll t'olieress
The hulls, while nil the island, prevent the mothers takino to the water. (" .Marine Manniials." hy
(ajitiiin Shannon, I'liiled States" Iicvenue Marine, 1874, ji. \'i2.)
Im'iih llie Idtli to the ^otli .Inly the lookeries are fuller tlian at any other time durinj; the senson
,1- tin: j'lips have all lieeii horn, and all the hulls, cows, ami pu]is nunini irithia tlnir liiiiH-i. (II. I!.
Kv |ii»'. NVi. 4«, 44th ' 'oiifrre.ss, 1st Session, p. .'!,)
It li.is lieen shown that when in the rookeries mothers were destroyed, the youn;^ were found dead.
'■■ . Imt I'mlessor KUioit, in reference to the I'riliylov Islands, says : -
' VViih the <-x(-t>ption of those aniinals wliich ho%e rweived wounds in ''ombat, oo lick or dying seali aro seen upon tbo island.^,
'(hit lit Ihe irrt'iit niimtkiii, thoUB&niiH upon tiioutaiids, of seals that must die otory year from <i1d a^'.' uhme, not one liaTo 1 eier
■r 1, ii.t. Thiy .•nd.otly i.'i»e up timr lives .it »■»." - His Heport on Alaska. 1874. H II. Ki. Doc. No. S.l, 44tb Coiiirrras, p. I jll.)
T" turtlier prove that the contention of the Canadian I lovernment is not at all nnreasonalile. it may
•iii'l !hai at the Int>Tnational Kislii'ries Kxhihition, London, 1 s.s:;^ Mr. Hrown (looilo, of the l.'nited
!e-' Iwli ComiiiisKion, Imviiiij staled the llei^'iilalions of ihe I'niteil .State's coneerninL.' the I'rihylov
lip, the ollhial lo'fHirl upon the Kxhihition says : —
"Fvriv inirral. both in wi and on land, rpprodiicrs its kind in iret^ater iiumberH Ihni, can possibly elist. Id other words, all
Mill iiTii to inulTlply In""* rjipi'ily ttian tlieir foo<i ; iniiov nt them must in i-on.s»'iiui'nei* eilhfr die or ho di'Stroyt-il, and ni^iii may
■ siiistie,! that. i»» fisr a» the opi'ii ocean i* concertifil. the Hsb which br 'lostroyt*, if he nbstain from deslroyini?. woultl pe,isb in
■ r wsi- \H itb respt-ct i-o the former isi-ftlsl. I have nlreadv pointad tml that the n-striotion which the United States' Ciuvernnient
i.br.ii ti Ihe ■n-.'rucliun of scats m the .Alaskan etUnOs sieiii:, uiineee-'s.irily lar>,'e."
I, Isl Autjust, 18"'.
II' .'lihd thai Nature has imiiosed a limit to their destriK lion.
lY iessfii' Kllioit liiinsiilf Mas ol tile o)iinion i i 1.S74 (see his Ue)iorl on Ala.ska alreailv referrei
SR ^'.'i that :—
lo.
"With regard t-i the inereajte of the seal life, t dn not think it within the power of human nianai^Muent to promote this i-nd lo
'1" 'liehlpsl aiipn^'inhli- dtvro" lieTond its pn'*ent extent and eonditioti in a «tiite of nalu^-c ; for il cannot f.iil to be evident, from inv
' fl'sl ilescnption of the habits mid liie of the mr-seid on these islands during a i^reai part of Ibe year, that, eoiilii man have the
' ^iipvrTiMoi, and eoierol over tins miiiiial ibiritiiT the wimtf si-ns in wliieli be ha^ at his noiinmnd while they vi^it the land, he iiiii,'lit
• thi-iri til iiiultiplr ati.i ioereiise. us he wmilil sii iimiiy cattle, to an ilnleliiiite niiinber. ililv liinile.l by tine ami inein<; lull llie
•■ la.iiH-stion. uiifoeittiiiiteU. tiikes the fur-seal ^iv neoitlis oul of every o'nr (nr liej.ind I'le ri-nih, or even i .ii;ni/ance, of any one,
»'ii'iii1 ii.\p,infd lo kuiiwii piiwerlut and ilestruelue iialitral aueniiea, anil many olliers p.Mleibly iiuklinwii, wbieh prey upon it slid,
'' ii'iiinioii'i- isKji ;i w..)) rieoirnijiisl law of Naliire, kei-p it at about a eert ,iti nuinher. which his b "'n for hijes. and will lie for the
f'.lari', A* ilfairs now are. i/» mirn'olMta Itrmt ot lacreaxe. 'I'his law holds nooil everrivhere throuyboiit the jiiiiiiisl kiiiifiloin. remililiiiK
Wil (iri'siviiii; the eiiuililiritini ot life in a sfiilc of nature IJiii it not hold good Ihiise seal islands and all Hehrinir's ,Sea would have
'sin lilenillv eovereil, and bare swarmed wilb them loiig iielore th.' Russians discovert^l them; but there were on more seal* when
'r»l sreti i„n- tiv buiiinn i ves in 17Sii h7 than there arc now, in 187-1, as far as all evideaue goes.
• ' • » • • • »
" \Vh:ii I- in he doni- ''I )iroiniite their increase > We cannot cause n Kreator number of fi'inules to be born every year ; wc do not
' 'i..'li iir lii-turif these f,.males as ihcy irnjw up and live, and we a;i\e more ihiin ennuth male.- to iirvc them. Nnlbiiig more csn be
"'II. ft II 1. initMissihle 10 iirolei t them frmii doidly eneriie.* in fbcir nan iermi-s for food.
"Tt.i- ..oi-ai body of lour and live tmtliuns of hearty active animals must consume an enormous amount of food every jeiir.
ll'O mtiiiiii i.vi-raye leas lleiii o lb* nf lisli cneh per di itliis i- nut hall eniuigh for an iidull male), which (jives the cnnsiunption of
iiT t^rrr miUinn ti-nit of (ish everv v-ar I
" to gri lii)» 111 loeiisi' liiiid siijipK ihe srals arc ciiiiipelled lo riirpeise ever a very 'arp' area wf the N'lrth P.icilii and hsh This
U8
brings them into roi.tnrt nmrc nnH tiinro witli their rnfmicn «s thfV ^dvnnre soutli, until Ihry i4'arh a [loint whern their innui!
(tcfliriirtion friini nnlunil fufn is cqmtl t" their iiirrcaw. uml nf. this poml thi-ir nuinhrr will n-ntn^it lixcd. Atwmt tho Sml liUoj, |
have rfiilod to Moli<'e thr \eaM diHturhaiK r amoiu tlu-it* lunnuiln by uiiythm^ in thi wali-r or out, ami from iny i.hservatioii 1 am Ie<| ;
1h lirvc thut it is iiDt until thcv ih-snuil well to thr south in the North IVilic that thi'jr uit-et with shurku ami Toraiioun killer-
whales."*
SiM'cial Aj^t'iit nf the Trt'
'a«urv nt
The follnwinir cxtmct from tlu' Kyjtorl nf Mr. IF. H. .M-Intyn
tlie islanils in ISd'.l, lir.'i.'ly sn|t|n)rts tin- tnrc^niini^' virws : —
" The hahits ut' tlip fur-Sfal are pi ruliur and, in ronflidrrini; Ihf artion nt'ccssary to (heir jirotfctiMU, ()f«ervp careful Jitt*ntion.
From the Hatf nirnt.-* nf thi- euiphiyi'-s of ihf latf Russian-Ami"ii-im C(ini|i.-iny, ihf informatiun ih'rivnl from thr iiitrjli-rpnt iiatifo ChiW
of St. I'uul IhIiohI, and my own ohfierv.ilion <hiriii(; thi' Mnrnincr of IHtiy, 1 havf rfiulud tin; followiiiij i-ont-luHions ; TJic ^(•fll* revli
thr Lshincis of St. I'iiut ntid St. (Jcorfff id May, June, and July of ejirh yor in tin- folluwing order— lirat, a small nunihar of old milt
senln. known :is uit/n, visit the isltuul" very enrly in tht- ■'prini:. nr as unoii an tlie ire Ima mcltnl sultirirtitly to ;dli>w tlii-ni to rwiili ihf
rockw upon t!ir shore. Tin ir ohji-.t at thi* liriir rppios to he nolely to rtM-onnoitre tlirir tdd rooki-rieN with ii view to n-oeeujiv thrm, if
they have not hem di^turhed, and the taitivi ><, so ni)der«triiniini; il, avoid any noi.se likely lo 'ihinn Ihrii). iiud in ease the <riiii| jn ij,
sueh dircrtion iia to earry the nmoke fnnu tlie >r(ileini'nt toward> the rnukerit-H all tires are oxtiriKUi^lied. Alter a few dny* ib.-^
pionrei'B tnk(! their ileparture, and n* the season «dvantes, if they have been unditturbed on tin- oceuwion of tht-ir (irst t isit, they Mum,
hriniilnR with them all the males of nrnturr; ace, Mlmve .'i or (1 ^enm old, who are nhle to miiiniain their jduces in the brrnJint
ninkerie.i. (Mimbine; up on the roeks, I'aeh seal silerts his position and tak"* po^seswiun of and oecupiis tlironjjh the itainn, if
suthi'iinlly stnmir, from one to three sipiafe roiU of eround. Stdl later in the .season, when the lec haii nearly disappeared, thcftniiin
arrive, eonveytl by the younit males above one year of aije, who are unable to oecupy the rooki rns willi Ihtir senior!). Tlie fi ntfiit-j,
immediatelv on renehirii' t!ie shori', are appropriated by tlie oUI niahs and laketi to the pi leis respectively selected by tliem fir (bi
feison. which \* ifenernlly the Nairn' for many sncei's^ive years. It i^f asserted that the same male seal hiis been kniiwn to ciccupyarif
rO(;k for more than twenty si a.-on^. Tlie younu seals abtivi- nne year of JMje, eulled haehelnrs, taki- tlieir positions around tin- «]r.-i
of the rookeries or remain in thi- water, and are constantly trying to steal the temab-s I'rom their re-*peetive nuLstt-rs. whii alio rub
eaeh ol'fer of tlieir famili^'a, by stealth or utreni^tb, whenever oeeasion olfcrs ; and thus an ineessaiil quarrei is maiiitaiiu-ii itjlj
points, which keeps the old nutles rorHtantly rtn the ahrt. 'I'ln y never b-ave tht-ir plaees, s-hlom sleep, nor ilo (hey eat «nniim(
whatever d'jrini; the entire senson from May to An;'ust, wht'ti they tfo into thi- water ; hut, as far as can bo ascertained, take nr, f(x>^
until their final departure in NovembiT. It may be reirarkeii, however, that they are very fat on arrival and t|uite ut lean at tlit tini'-
of li*aviiie in autumn. The younj seals are sujipi'Sed to bed while in the watrr, hut tins b.is not been dehoitely proved, nor is the
nature of tlieir fond well kiuiwn. lince an examination of tlnir stoniacln st-ldoin reve.ils more than a greiii mueilai,'iniim mailer.
Following all otlicrj., the yearlmij at-als arrive about the middle of July, aceompanii'd l)y a liw of the oider males, and n-mairi fur Hit
greater part of the time in the water. Soon aflir their arrival in thi- months uf June ami July the b-nmle.s bri'ii{ tbrth thtrir youhi '
{El. Doc, -list Consn-ps, 2nd Session, No. 311, p. U.)
{tefon;nct* has hem inmlo U> tin* raids ui)on llie mokrrit'.s, and to tliu I'lict tliat insiitliciorit care lias
liL'cn taken ot" the bioedin;,'-;_'r<mnd. It is t'oiitemU'd tlial it i.s tlu* duty of tlit' rioveriuueiu,
dntwiiiL,' ail t'liiiinioas rental iVom these ishmdd, (m ranifully ^nimd and junteft tliern, ami it u
nilSfloulited tibTl, with etlieient protection, the iiuaease of seal life will he nmiv niarvelhms than fvtir.
^fr. Tinude, in l.'^MG, in liin Itrjiort to Seeretary Fainhild, nr^e.-^ the tiovernnient to keepacutUr
around the i.siaiids from the 1st .Fiily to tlie 1st Novemhtr.
Air. Morgan, in 18.SM, in his evitlenee hehjre Oin^n-ess (]y. 'S.\,, saitl tliere wore not sufKdent
eutter.s I'or the proteetion of the islands, and Mr. Wardnian, S])eeial A^^ent of the Treasury at tlit
islanils, I8S1 to X.S85, said: —
' I think the fiovernnient ought to keep at least on*- rcvenue-bteamer
■— ■■' '■"'■' The trniible has b.'en m iIm' Rt venue Marine StTvice
Oetob;r at hast _ _
Feni up to nominally Jirotert t)i<> Seal Islands, hut he would also be oroen>o m kkik lur me .>tirui ri>o- as wen as waiin tiH' .''('Sl I't lidtl
t around the Seat IslamU. Ui; would be away just at the time h<- would be needed ar'fund there
tbt>rein and about the^e tA'o i.«lam]s up until the laiildlr ol
ii:r. The nppropriationt were nil neht, aod a fellow woul>l h--
ilen-ii to look for the Ntirth I'ole as well as watch tln' Seal N undt
■ ■ •■" T ' — '.' I — .,-..
He nii(;bt find the Noith I'ole, but not )m»uiiu im: .•
(Evidence before CungresBtunal Committee, p. 5H.)
The Tionourahk^ Mr. "Williams r.aid ;—
"llip fiovernment practice. tbroiit;h the Tri'asury DepRrtnicnt. han bci-n to protect these waters ytt far as tbev could witli thr
rcTenne-cutters which are at ih.-ir cnmiimnd. St II it bus frei[uintly iiapp?ned that a revenue. cutter goes U[ion the f"ftl i:roi.:id snJ
then is ordered north for iii'-pittion, or for the relief of a wbahiii; crew or sonirtbinc "*" *l"' Wind, and they an: gone prelfv niuili ihf
whole tim.' of the healing season, and there seems to be an in.iuHicicnry in the to- orotection.' ^Kvidcnce before Con^^*■
aional (.'ommitteef p. 106.)
^Ir. Taylor, Special A'.^Tnt of the Tr
easurv ni
IMRl. said, before the .same Conunilte.i (]>. 58):—
" The difficulty heretofore his br'en that our revenue. cutters ha'-e hi-eu obliged to cover a territory of yOO miles long mil 700 'r
hOO mill's wide, north and south, and tliey would get around lo thw '-eal Ulaiid- aloiit twice during a sea.son, They never lia[i|H'n«i !■
nd, as far as n-ndt-rin? nnv servic whatever i* concerned, they were practically usidess 84) tar as tho Si-ai Min^i-
xperieiire, 1 believe, of all who have been thcie."
be th'>re wbi-n needeil
were concerned. That has been th
This oflicer recomnieiidi-d steam-hmiiehes for (JovenniieiiL A^eiils at tlie islands. (Kvideiicc liefim'
Congressional Committee, p. 109.)
Mr. Crliddcn, another Accent I'f the Treasury from l8Xi' Lm lSSr», .-ays (Kviih^nce. Con;.^'re.s.siiiii;il
Committee, ]>. 28) when he was at the islands ilie novenniieiit kepi no vessels there.
" Ihey landed <iur ofiiccrs on a littl.* ishuul 6 inib-s fn.m St. Paul to watch In fvery lU-port 1 made I rtT'iiiinn'nil<'(i
that they should keep a revenuccutter there. One vessel cannot prnteot those inlands and visit the Arctic Occ-nn be>iilM. Ill'
cruiTiing'grnund Is tar too] extensive. coierinE, as It does, a distance of tsr^eral thousand mib':*, and while the cuttet is :thii'iit in lb*
Arctic luuch damage can be done hy the narauding vesseU to the Seal Ulands."
That Crtni/ress re^ardeij it at the ontset as the duty at least of the Adniinistation to simply Liiai^'
and rtMiulato tlie isluids. is ch'a" from the Act first dealiii;^ with the siihject.
Mr. Ilontwell, the Seert *ary of the Treiisiiry. rcporte<l in 187" (Ust (.'on^M'ess, 2nd Si'.ssion, Kv
J foe. No. lO'.iJ as follows :—
" \ >uL'ii<stion has been made to this Dep.^rtnicnt, in various forma, that the (loiernment should lease the.se islands for s lofi
periiid of ti nc to a Company or linn for an i noual s;im of inoni>y. ujion the roiulition that provision should be made for ibt
Miihsistence and ediie;iiion of tlip natives, ami that the tisluries th'-mseives should be preserved fnim injury. 'I his plan ii o[wn ^ 'f*'
very grave objection that it makes a monopoly of a branch ol industry, iinporiant not only for the people of the islamU. but U>^'
ocople of the United States, if the pr.'pnntion ond manufacturs of Hie skins for use should be transferred from lAiiidon to tai"
* " In the stomach of one ol th 'se ani
iials (year before last) fourtipn small harp-srals were found." — Mir/iai'l CairnU'i HtjrA
■H!)
whwp tlicir inniii!
till- Srikl lilaotUI
erviitioit I Hill led :
ami Turat'ioun killer.
lln' TrcflHUrvitt
careful iilt*ntion.
ti'lli-rrrit iiatifL' thief
!!-•* : 'I'lie ft-al* mth
nuiiihtr of uiil mill:
)W tlll'lll to FMili Ihf
U> rriici'U|ij them, if
in cHiie the wiinl inn
\t1i*r H few ilaj* th.-^
irct tinil, tdcy ntiirti,
ace^ ill tlie breniin(
lirnu^h thr h-aiiid, if
iappe:irrd, the fnnilri
■iiior!!. 'I'lie frmulf!,
•otfil liy tliem fir tb
known tn iiccupy one
nna aroniiil t)ii' eilr'->
iii>t<-rs, will) aIm tKb
L'l iii tnniti'.uiiK'd it ill
ilii tht-y tMt siiTtliin^
Ttained, taki< n<> imxi
lite us lean at the timr
'ly |iri»viil. nor i5 the
I inuc-ilai;in>>u« tiuitier.
s, nnil p.'inmii fur tlif
it( lurlli tlii;ir ynuiif "
Uicicnt carii lia;
tilt' (ri)VtM'nmem.
tla'Ui, finii it \i
UniH tliaii over.
. to keep 11 cutt*T
I up until tlie iiiiildir <>t
and a fi-How woulJ H-
Wrttrh th.' S-«l IvMiJ)
ic necdrd aroiiuii there.'
B4 they roulii with ihr
[Min the f'ftl ^rroLii.! md
n^ tfont; pretty iiiulIi ih'
iviili'HCi- iM'fitre Con^^■*■
Th.-y ncviT liapp'-UHl !■-
Ill liir as the S<iil UUn*
(Kvidcnce before
nee. (*oii;^'re.ssioiwl
1, I ninilt' I n-r'imni"'nd.-<i
rtic ()c.;an lieMtlcs- '^'
hr cuttM is abii-iit 111 il"
m to siiiiply L'liar-!
;s '2iul St'.ssioii, Kv
s-hauM b.' mndP '»' 'J'
•IhiB plan is open to tht
,t tlir isliiri.is. but t.>ili;
xnul from Loiidun to tlw
1 rtlirn*
iipoU 14 t'iiit(rir\ til ihr iili'4« af iti(|i('opIr, and m<t mail) y<iir<
I'-tvi-r, llif iiHlui'* lit' till* i*l.ui I" WMiild III- nmlcr I'li
IV .u'd iws hrfuri'
rir.irr..
Id lit'
•Tl'
iilii'.l. thf iit'hirctii-iiiH In I'T'itcft l'l-
i-jil iiCtli* t.:iHnpi
(irolmMv h.' lh<> r-iKr. rli:it it li rl nil lin|
rrw ilh ti)>lifii'> w H.l'l ilTniiin»li. ••on'-i-iiillv if the Colli
iiinl Nit itif rxpiriition of thr h-a-te
Id
u.il iif it* priMlcft-
' Knr r
lOM'-Ilt
*|i'>iil(t ;.
iHi
itrily Ih< ^ic ji-i'lrd t ■ ifrnit t*\[ic
Mil-. hri,-)l\ -iiili.t, hut valid. ;i-> tlii-y iipppnr I
t Kii'-r till
, I (Mtnioi I'. I
till- (i<
iip.iiiy n,ivt, ii« wdiil
iMnifiil of llif United
- in ihr .*imL'i'4li<iri th:it thr irlnndo kliuuld \tC
,.hV I".
nt-ri'Hl of \*'
ill h* ii"tT-<4'irv lor ilii> <iiii(>rninf>n^ of iUc U'nitrl Si iliw to nniint lin in iiiul iiroiiiid i|i-t iiluntU ii niilitarv and
' for till* prolrilion of iii int-n-tii niid-r nor plmi lint r.in In* ili \i->.->l. 1 i
mill' Mil- Ptilin- t'oiitrnl of till- Im
lii.lt It U Ifrtt-T Ihtt till' (ii
'if tin* mljind!*, mid (•m-IihIc i-mtvIiiuIi Imt it- nn !>erviuit« iind ncciiti* : thu' it -hould
r«(fthli'li II rii:t«t 'yfctfin of puliic, (■Xi-linlinir frcmi ih- i-latnU diitilled i(|iirit« luxl tin-Mrnis an 1 sobft'iit v< ^^i-* lliut Iimh-K i)ht<' to
fMrl-itiii.,
■ijil whrri tlu-y un* iirui-ii M 'fik ?l.c||rp or for ni'
(IiviTiiiiient of ilip L'nit'd Stat<- -ct-ni to int* to In- tlu-e:
■firy rrpHirn.
Ihi
iiii.l rontrol hy tin-
' M. (Ik
. jchi-ton of nlhiT
pHrlifft :
IIh- Nttpply to till- nnMvia of -ncli iiilrrlt-i ;i4 (lie-;
.uli'> I lo til ' iiiiiiti'ti f»r rtifir ljilii»nr, luid ill ■ piiyui.'nt ot n ^ntliiicut nihliiuiniil
rh V.'
\ nir ai'i'wt'iiiit
Mld>- III.
d (.1 tlH.
in to li<
r.i. i;onipf
i.wlinli l"nv line hi'cn iim-untnni'd j -llti, iiii t'|iiftnlil(' di^i-im of rlic viilm- ol tin- -km- nvi-r tin- paynit-hli iiiaih- to llii- tial|\c
1lrni-t I.I til'' (invi-riinit'lit of the Ihiitcil Smicx nt
,. h fo
iiry for tin- priti ctiou nf tin: hu-*iiu
* III" |i 11-11011 of till- unrplin I'fjiiit.iUly hrliMii;iiiir to lh'< iiHtivrn tiiiL'lit hn Hit u^idr for tin- purpose of nln
itid tcliuirr
nitahl'- lirti-lliturH llian ilic y now poss'.-os, and grii'-rally for tla-ir phvfi.cat, Inti'lk'ctiiil, and luoml
iini'Mtri
' If tin- (iM\(-riiini lit Hcri' tu l<-<ut' till' i'lu'i'lt tl w.iuld not tic pn.-iiilile to
utii.ln
■i-fiil snp r\i-ioii, anl tin* adilillonul fxpi'n»e t.'ontrijiu'nl upon ri'luiniiii: ||'■^v■
niiicly the iniUtary niid naval foro'H, or (n
of tJR' l>usinL-r« of Ihr iilandd in the
liniiil* I'f tlic (i'MM-nini'Tit Hoiilil not <>i- jmi
'()iitiii:itil(, I a;irt'<' in tin
npnuon t>i)ii
nanntt'iiii III ol hiiHinL-><. ; hnt tin- iti'irly i-
it 11 (lovprntncnt, rspcrlally
hutini
n hi I'll
like Iliiit of the United SlHtc!*. I.i rmC adapted to tllP
trxiopt'
iv. ttlictlicr prohtable ur ..therwi'.e, the inf* nj-t of tlic (Jovi rn
'it Ii- Irfl opi I) ir> irdi^iilnal runipflition, inid if it is to be .
tlieic iiUii.U s
pp
vat, lint it r ut alloril to
rnt i* -o l.ir^ri
jind III
Xpi'
lawful
■ly c.ttent the inoin.piily of an indiviilunl 'T i-t a Cimip,
lent to till [ rotFriirin of
in\ for it", own
npiTVi-iion.
' M.oidd the (iovernint nt fail in the nltcinpt to unmade the Ifukiin-SK itii-oni;li it:t own a^ints, tb<Te ni!l ilicn bi- ujijiortnnity to
Ira<i' till' tioliiries to priviilc partic* ; but my opinion i« that a Inri^rr revninr i-hii be obtained frniii tlieni by aetual niiiungement thitn hjr
11 leAM-.
' hi furtliir reply to tho Kr^olutinn, 1 have tn<>ay lli.ti lb? i>kino taken in l^rts were removal by MiHsr:*. KobI, Ilntrb.nwn, and Co.,
the Soliritor of the ■rrejimiry beiuj; of opinion that tliP (iove
ufHtii the i^'laiKU, but no d<-i'i^i'iii Inn been iii'iile toiiclting rln- rik;ht!> nl the (to\e
nt bud no lp;ii! nnlbority to detain (he
' lu (
irlitdini; thi-> Hepurt I it. -in- l<> rail (lie atu ntion of Conk:n-<^:i to tin- f;irt tb^* it in i
f.ir;i*^ 111 pfiiMde for (lie bil>iiies>« (if the pri-*ent ye.ir. The tllitives will i
Mill
Those tnki'ti in IHG'J are
,ry to le^i-late imniiiliitely jio
apture of steal* about the 1-1 June.
' till' iilanda an- to be lea-ed for the [ireseut yi-ar it eliould be doi;i' iinniPclialely , that the lessee iiriy innke pro\ision for the
hiisint-* I'f the year. If the buf-iiic*s of the present year in to bi' roTidnrted by Ibc (n>\rnitn''u
. 1 think It "-hould be, whatever our
future puliry, Ifgi^Ialion in nt-a'snary ; and I hni:(I*''*t tlint tlif Si'eretary of the 'I'rensiiry lie antborizi-d to appoint .\gentH in .Mdi-ka who
»hall lie
■t.ipii
red to )*ii|iprintend tin
aptnrt-
of the ■M-ab and the ennii
«kin-
and that an
approp
ropriation rh.itl be made of
100,1)00 ilnllars, out of wbieb llie imliv- s slitill bp ptid for the labour pi-rforni' d by tb.in. ami the otlu r •
.« met.
Tilt' Si-errlJiry of the Tn*a9iiry ^ll^uKI alwi be authorized to sell the akin^ iit publie imrtion oi npoi
hj*inf« met.
M"
aleii
iiiildelit to lb'-
ropo^fils at San
■ New York, w Ih: may deini mnut for tin- interest of the (Jovrrnnii-iit.
' It -InaiM be ohoersed in tlii
iinecMion tliat the (JovermiK'nt dirivtd no lieiu-tit wliat.'\er from tb.- iral lialn r: of the veai"
1^68. and that the skin- taken ui iHtil* nrr, iiominallv at lea-t, tlte propenv of two Companie!). \\\i\\v lb<> (tovernment, durini; the last
j'ur. Iia<i iuriii*}u-d protclioii tu tlie niilive^ a id the tiolii-ry, and bun no a>siirane<' at present Ibiit It vviil derivi- any benetit vvhatt-ver
thciefrum,
- If K-f;iilatiun i<« loni; delayed ihc iHi>in<"'« of the year ls7i) will be but a rep<'titi<<n of tint
IMGO;
Will!.' !hr Ciini.l
i;ii| cniitrlitHHl In
ottli-U
•"l'l'
.Il-.l. asli;
la
l.V I
iliiiiV cMl-.tfl-; li"iii tl
i;
■pnlt:!
tkt of til," nnii-
nt th*- I'liiU'il Statt'.-* * Mtvi'iiiiiu'iil , it. i-* ii]ip;iit*iit tliiil llu' ih-^iic it' lln- Ii-s-i*i-*. ijiid iii-lirrttly
1 1 lis ])l
U'cn to fioiilc a mtmniMiiv in lin* lui-'^cal iiHlusliv, .Mine
ti
lis ^vav
til.
market I'mi- the skins is lar-'i-Iv I'lihaiici'i! ami tin* value mC tin- inlands ',M't'atIv incK
This is. no ilnnl-t, mu' icasnii tor tin- ilivi-ii^cnt npiniims I'litntaiiH'-i a-^ b* ihr lirst ll.^;^!!!,!!!!'!!^ U>\
• pii'^rnatnai ot ^-c
ii lifi- i.flwn-ii tin
•wIm
Ilie ^i'iils ni the oeean.
M
II ^npiinri Hi
r. lH\.int, UI
thr ..In
I si;'.! fs.
a-Nfilion tht' lol
nato \']\.
N(
niitiol ill.' isl;i:i(U ami thie
vni;.: anilioniK'M aiv in ipomi
wliii air com]"
414 Coll'.,'!-.
tuiiiMM'V liikfii
in ISi'iV ami in ISIIS ih-t
'd the Loiaton valnalii n to •"• aiiil 4 i.li<
Jnti St'-ssion). stali-il ilia', ih-- hii'Lft'
lai's a >kin.
-Mr, Mnoiv, in it Kejuii-t tit the S.M-ri'laiy of liic Ti-casinv (11. \l K\. lior. No. S:l. p I'm;, I4lh
t-a Si
•.ssion). .says. wImmi allniliii'^ In the a4\isal>ilil v id' killin.;^
lii" A't ..I thi' Nl ,liil\. IS70:
'■ It «eni>- tliil the lOO.iHtll fllr.^ell■i fn
h'.Mile* ihe M-.itiirmi: fur-M-aU ktlUd in the South Sc.i
ills than prt'^
I'V
■tiilcnt thut Ibc
oiir own Ifliindti, Io<;elIier with tb;
all tlu' market cf the
tbem I'roin tlu- Asialii- ia1and«,
rid ein ro»vcni.-iUi\ take. In f.iel, it i"
pretty
striitioo "I the numbers killed is abuiit the ni-i-st x.iliiu'de part of tJu; fruiieln-e oi tin \1 i*Kn (-oinmereinl
toin|Hiiy. lUid it is iin1\ anoilu-r proof of tb-- alMurdity of ibe frcqueiil rim
'urisUtiS iD.lHJd or ;iit,IMH( more ve.ils than tbev :ire entill. J 1-r '."ke
■ made airam*! iliem iluif ili.v -un.pii;ion-l\ i.iki- froi
'Tliire .lo'H not evist any tlinil.t. nor inib-ed is it denied Iiy lb:- Alaf^ka (oinin. rii:d Cfmipniv. llrit tin- li;i-i* of the '-la-nK o(
M. Paul .Old of M. tic
thr-
' hi-.:hlv lui-rativr
piiiii ipal 4
iM, Ibe Ala
I'hi* Kleit, suei
ot tbi> fvii
i-. h.
. f..i
omnicrri;!
1 (■
■mpiiiiy, o'Vin^
nz (<> ll)i> t'let ttiiit tbev li.'i
til.
■ I i-oiild ast-crliiii, to
"Ic ejntrol of ;!if thr.i: A.-iatii
niiiili fiir-sejl?t i.re found, nt well as on our own t.sl.md-t. ur M. I'.iul
iirtiliillv
the
'int. nl ull till! fur-seaU killed aiiitnaliy in the world : 2mlly. tln> ailMtriiiy
fur-.eals III liie market- of tlu- w..rl-l 'tormij il:
Uiii Ciititrullii
^.IKin.lHtll to
TIiM;„M|.:,„
L' Conip.niy niovt \iilit;il>Ie a Iv. intakes
tiMir years luay i'
['■>r iostaiie.*, in
e^liut t
rnt. ill \alnc : .')rdty, imie and espiiiene
ah' of t^H pel
entrse law of tn-^Iiion iia* raij'fii Ihe |iru'c of
tlie Mand of St. r.inl.
Alien- ;
aU
expert- ill ^eleetin•.^ ■
yretfale. the efoniiarat ivi-ly small cpuuitity
lllrd
lumber of Ironi
-ilv tin- kllul that are the )ll.l^l v.iluible in tin-
9fMti)(i,;iit m( h tj.nk of ;!.lia(t.noO in ;i.:iOi».onO, whieli are the neleet of tin- .-elei-l ; ;mil il
,uk -I an! hu
. owiii.; to til
111 m.w 'ja.iUlt are killed.
iiM' nil ilillieulrv in ui-Ki
taktn I!
'act ii Ji;it 11 f.
lini,' ruth in the >kin-. »■* also in pro|tetIy pppiirinij tbem lor the market, that the biL-b |tnec
thi- fin
>eat I'clliiiii; now in
idon :
I'/. lHv
i>r :i/.
t>thev.ili„of lb,- skin
rtliieh live year- n^tt feiebed 'Mh. t-terlini;. The fori
owim; t t it> -openor ipuility
id I
' obtaine-l. ImlL-ed. tin
etieiit eomlitn
iper tbai)
lode of tbe iiidiserimiiintr killinL' of I'ur-scals wan as dilitiiuiitat
tiftiY
(o the exisicitei
ot the breerj. With (Hiib a valualde framlii-e. serund b\
;ir* to run. hut wbieh ronld, withont notice, be termmated by tie- SuTetary of tb'' Trea-iiry for
»«itiiial pulley on the part of lb'- lompaiiy to infringe on the Hiipulatioiis of tin- rontrirt.'
All llii
lis is OX|illlilll'(l ill till-' rvidiMlli' licflilv
llif <'
sldlKll < 'I'llllllllll
'-I, wluTc the Cuiii|)iiiiy is sliuwii not tci liavf taken tlic> full iiunla in luc \c;iiv, ; —
■ >ntra.'t tiiril liiis Mill
illl. In:., ^IIK
Ni)t ))iTau5u wo fnu)<l not ^et ciiouj;!! waU, but bt^i
(EviJeiii, li,.r,.n. (
1128J
tiitre'sional t'ommiltee. p. 121.
arket di I not demand t lem. Tin re were pU-ntv ni -tals,
IJ M
loO
Ml. Milulyic, iiiirr a S|n'iiiil Ajji'iil, Inn iiliciiily lirni inMlcil.iiiiil wiis uftciUMiilH in llii
till' ('iiiii|ii
Hoc. N(
I |i(iilcil, ill ISiKl, 1(1 till' S|iiiikci- III' llir lluiiw 111' l(i')ii'i'«'iitiiliM's, Mr, llliiiiii' (||. H, [v
, •il'-t ('iiii;jli-is, L'li'l Si'ssiiui;, lliiit-
Tlii' tinnilh-r iif HJtins lliHt iiiiu )ii' m-i'iirfil, Iiuwcvit, bIioiiIJ mil )ic ifikcn ;ii llit- rriirrinii
yciirl) vali'h, biil iMllur tlii' iltiniititl iif Ihi' iimrkpt. ki
I lie KuHniaii liiiiNiiurlili'nl il liiilrii liiri;rr llllililii'r \
ilii' iliiuiilitcr hull lii'i-n rimiliicli'l Tiir mmii
uiiii'li III H\ llii' III
(liiii; 111
iir-*!' ii'wii\H williiii llic
111 I.I 11,-
II ti H killi-il tliitii t:iiiilil 111' n Ivinitii
i-lv ill
,irs williiiiit rtifiinl In liu
ll ii)i|iritrii lli;it unilf.
'il III, TliU'. ill IHIIII, all,,
-Uirt'liimNt's oil till' iiliihil-i, riiii.iluil I'f wiiii'ii wiTi- llirii'
ill 111.-
i-uiniiliitiiin ul' HIHI,Ollil •kiiiH u.iit iiiiititl in il,-
Al lI'Vl'Kll lillll
ri' tint ll.ll. III!' II
liet'ii Kliilteii, mill ttiili'D iil
Wi'ri' wnrtli ill I
iiin^t .ir I, mil- -u^|u
iiliiii imlr I iliil. .'ill I'. Ill .1 iliill.ir- inili. niiil ^
iillit |)r
Mlily 111 III.' Ilallif.'l' ilf Al4>li;l In till' Ijlllli'il Slali'
MlM 1.1
Ki'.i
Iif Mil' li'.,iij|. r. Ill .'ill
111 >kii
111. 1.1 I il.il.
IIWIIl'.l ll> lllll KlI'.nlllll.Ainclii'llri ( I
lllkl'l I,,
iiMii..
MTiiriiiif unit lr;iii'|iiiiliMif
Ih.'i
(Ml nlliTWiiriN, liiiwi:\rr, I'lir-M'iil Kiiriiii'lit" In
;i *III|| illMlUl.'li'liI HI [Iil
■ j.r. .
Ilf I'ili-llitlM.lllll' III l,.ir(l|l(. ;||||| i
(•Xffi'tiiiidti lliat tin- u-'iiil Bii|i|ily wimld W 'ut nil" by rciicoii uf tin- inui-'fi'r of Atjinku, |»riri's itilv^uircfl in A tit
(InlUr.
•niitrnry to iln^ . \|M'ctiiii'
iiliTit rnoru timii 'JDII. unU skin*' wm- takni bv ilu
Hhuiils
IIS |iiirlii
l-fi
AiW :
iiuiiifi-(l ill I ilf Iiii*ihi*ii« rtn 111
iHiiH. iiiiil till- hiimlitii |)ri(:i> liiii di-i-lineil tn W In I ilullur'* pir xkiii: tnitl 1 iini aHsiirt>il tlmt it llii> raw *W\\% n'lw liti.i
l)V (h'llfr-* ill LdiuIdii urr-.- lliniwii ii|).iit Hii> iiiiirki-t, .i .<ii)ltii'ii'iil ^iiiii Id |>iiy tlif ro>l nt tr[iii*|i<irlitlitHi l'ri)iii l)ie i(<>l;iiiiU vn\\U\ hirdlv
hi- niili^ril. 'I'lic inmilpi-r of i
\\\y>
' lifforP Mil- 'll iirtii
a will 1
,iti?> riuw u]it'
r.ii-r llif nii
tht* niiirkrt i> nnl li><>4 limn :i.V),i)iH),
1.1 It ]
!)><
■i-cril nitr, if iiiili I ihf |;iri;' -uriiliis nl -kin
[trfilu'ti'il i|i;it M'\i'rnl yfsir* iiiii.i
uw( r lufor. icai-riim ht'^ill
Hll r.llTV ll iimrft
thii
ki'i
.Mm
lOs; 1
lltiT tin
IV dl' llli- illlll'jrl'. ti
'III lil'i' li.iM' lii'i'ii liiriitiiiiii'il, ;il|i| il lias lii.'i'li -^liiiuii lliiit. llii' lii'iil
-till
ml llir wciiiili'iriil |iriiiliirli\i'm'Hs ul' llic .si'iil i.i I'lii'lln'r .-(liiiwii liy nil iilliisinii In ii ilnii'.'ii
•|1 I III' Sl'ills lll.slllll
ill till
.sill
iil'iiiiin ill lln' (li'i'|i si'ii, a r|i>.iijr,.|' ,.M.|' cviiiii j;, \\ liirli iiatiii-ajly ti'iiil; '
iir. wlioii iiiilsidi', ll
'iitli'i'.
I'l'i'
is iiiaili' 111 llir Ullii'i'-w hairs aiiil >Iiai'k~
ilii
illll lull'.
lut .SL'Ssinil, |i. 177, mill p|i. .'^11, K7 ul' .\|i|ii'liili\ in lln' -^ainr ilin'lllin'lil ; alsu ]i :'.."i'.l ul' Kviili'inc I.eIi.!
Coiigrii.s.siiiiial CumiiiiUri', l.'i.S.'^): —
" Tliiil lli.-sr jiiiliiKiN an- |irr\i 1 upiill t'Xl.'ii^ivrl) liy kill, r-wlial.rf l Ofc(rf/ittfluilfir) in .'^pr.-iiil. nii.l liy i.hiirki ni.il |iriiliiil'i> olii
^ulilimriiio (or^ niiw liitkiinwn, in iil uiico pviili'nt ; fur wiTr llicy nut lii'M in I'lipck Iiy soiin' sni'll failip lln'y «iit;lti, in. tllry rxill |.i.ihi
en St. I'litil. ijiiii'kly iiintti|ily, liy iirilliini'liral |ir<ii:ri''«-inii. tu so ^rrat nil I'xtdil thai tin' i^laml. iiuy, Hi'liriint'ii S'li itHrIf, niulil tin'
ronliiin tlirin. Tlii' iiresenl aiinii.il killiin; »i llUMIOII out ol a U'litly total of ovir l.OIMI.nllll i.iah- il.tfi nut in an a|>|im'tiilik' ilfi(n«
ilitniiiisli till
Ihir.'l'.i
al nil',
rrly look iivoii llli
I III.' ''Iii;lit..-t Willi il> n-iiular,
t^laiiils a~ 111. i>ia\iiiniiii limit of inrrt'a
iii;i;i'i'i;.iti'
un- i.iri
clilali.ai oil thii lit
III hvi' iiiillinii .if fiir.^.aU
.'ilitnt.ixroiiiiiN
rry yriir.
arlh
'lal Si. I'aiih,
liyiipil to tlii'in liv niliiril laws.
ell ai iIm'wIic
111' LTi'i-.n I'lii
iKliioti'- 111 poll. pp. ll'.', i;i.
(' -r.' tlll'lll rvrry w.moii iili tlirli' I'libjli.i
ililiriiiiii uliirli Ndlilrti lioliN in lile U[itii
' Wli.n liilori' till- loiinnitlir of Wayt. iniil MraiiK on tho I71I1 Marcli. lH7(i.
the inveHlik'alion licforo iillildrd to. .Mr. Kl
inaur !i yiniilar -•ainiK
the Kfport of till' Con
I Honii'wlial irrratcr il.'tail tlui ri'aHoni lor liin . ini'lii-ioiu. Ili. cvidiiirt* will hi' foiniil anirscil i.
llti'liort N,i. li'JIi. II. K., mil C.Misn-". Ill .s..,i..ii.)
.slil't'llllt,' llir |il
iiii'i a.~ kiiiAvii ill ('.inail.t, il iiiav In
I 'aiiailir.ii M'iiltMs slail uiit iiiiuii lliciv si'alili;;MH ajii'S suiiii' liiiii' in llii' lii';;iiiiiiii-
ill' lln
Tli.
ves.si'is I,'!! iliiwii tu a jmiiil ull'.San i'VamiMi
ami I'luiii llii'iii'i' V. .ii'k iiuilli.
le coiisl ail' 111 liulli
tl
Uccnii.
TIlC I'atrll 111 I'll! ll Vr-~i'l " ill •,[\rl;i
mill llic ciiil 111' Mav.
-c\i'<. many iii imp. ^uiiic yuiiiii,' mil
M'lX I'l'W
licl\
"lllll ami 71111 --cals
-year
Imlls
lii'U
lis liikcii Uy liii'iii I
run in llic I'.ni
\V1
an nnnaiiiiil cicu is lakcii. inmiN .-.liuis mav la' liivil uillmul liillin^ lln
ll
C nUVlCC C\|ii
its 111
nil llii wlii'ii al a luiisiilcialilc ili.--l.iiii'i!, lln
Inn uilli lihlimi liiinli'is ami cxiicil wliitcs a seal is 111 ally alv
III" Isi, .Illllll.'iH
seals 111 all. >ili'-.
I'll cases c.M'a]iiii,;,' i iiliivlv.
ilmcil wlii'ii llii. ,\n lAiiiri lo'Vc
lis in .-ii<
sliuiits mil
In !;i
II aller lie
lias airivcil at i.losc i|iiarlcrs. ami .uciieially \\\
^cil the eatdi is luailc up lar^'cly u[ yuiin;,' liai'liclui-s
It'll llic seal IS a-li"'p.
calinj; caplmiis eunlcin
Uial
iiiiicnli'in IS ,~iippuili
liv tl
mall' lii'i'iiines lit I'tir lliii inuki'i'ii's mil il vein's uf at,"'
In
U' iiiilliurilie.s III wliiini I'clei'ciicc lias alrcailv Incii iiiai
ll is fmlliei' cuiileiitlcii llial siniiilil a tcniimraiy iliininiilitiii ul' seal lil't^ heeume iijipai-ciil iiiiuii liw
islands uf tlie j'l-iliylov ,uiuii|i il wuiiM iiul I'ulluw llial llic lieiils \*i ic dccrcisiii^. I'ru|cs-,ui Kliii.U, it
liis J;c]iiirl 111' \X7-i ii]iuii .Viiiska. so l'rci|neiilly rerencil tu in lliis p.iper, ar^iics, un |ip. Llli."! innl -lili,
lliiil in siicli ,1 case a ei'irespiimliim anjiiiieiilaliuii may lueiii in ('iip|ii'i' up iieliiiiij,' l-lainl. -iuii
' tliese animals ape nui p.irlienliiily allaelied tu ihe ii'spt'clivc pla
III' llleir Iiillll
Tlnii it
pp.
reiiHni'y that ili-tinitii ktinfflciliti' ronci'rnini^ thr Coniniilhilrr l>tutiiN ami tin' Kuril.*.'' 'liiiiiM ''■
pnssc^M'il ; ttillioiit il. I .hfiiiM not ll^^itatl■ In '.(.y thai any lloport iiinrie by a:-. .\;;i'ia of the l>.'piirtiiiriit 1
I vi-ihli' liiiiinniti 't
till' Bi'iil Iil'i' on liii' l*riliyl'i\-. iliiii in his opii
to lln- iir.'i'l of killii
il is coniUn-ti'il, was without ifooil fontiilation ; lii'il Ilio
iliniitiiitioii would hit
missini; sfaU iut*
ll just thi' balm! ill nil likclil d had tliiTC tn't'ii no lakini; of si iIh hi ;iII on lln' isl.iiids. iin 1 tlial ti
' 1. an pi'ol.'iil'ly on tlin lillssi.in i;ronnils."
.W. i.« M. <,hi,Ji„,i m ll,,- /',;,/,, I ;,„! ,.J ll,,' Fi,,-X,„l ill l/„ X.„ll, r,"iji':
I'.V .Ml. (IciiVJC ihn-iii|, U.S.. l''.i;,S. i''.l;S.('.. K.li'.iM.S., .V.ssislali' J)ili'c|iiriil'lll.' Ceuluejeal .■'^lllVlVii:
I aiiaila.J
'I'lic iiiialc 111 piiilcctiun wliicli is a|iiiai-eiilly iiilviiciik'tl liy llic rniled Stales' ( luvcrnincnl iiitli'
ease ul' llic I'lir-scal, \ iz.. lliiil ul' leasiiij,' the piivilej,'!' ut' killinj,' the iiiiinial uii the iiiccdiipn-eiuimils nii'l
]iiiiliiiiiliiiL; ils eaiilire elsewhere, is a ncu deparliiie in llic iiialli r ul such piulceliuii. 11'. in.lecil.tin
wln.lc s\vee]i Iif lliC I'acilic Oeeaii nuilli uf the Ki|iiiilup was duniinatcd aiitl clU'clivcly eonlinllcil hy lli-
I'nitetl .Stales, siiniclhiiii; niiulil he saiti in I'avunr ul' suinc siieli inudc ul' ]iiiiU'ctiiin I'rum a cuiiiiin'i'i'inl
(luiiil ul view, lllll ill the aclnal ciri'iinislanep.s the rcsiills wuiihl he .sii ciilii'cly in hivuiii' u(' the riiilf.'-.
.'state's, ami su ciiiii|ilelely (ip|niseil In llic iiilciesis and nnlilial rights ul eilizens of all ullier I'uinilm'-
that il is ]iiepuslei'uiis tu Mippiise liial such a iiiuile ut' piuleil imi ul llicse iiniinals can he niainlaiin'il.
Slateil hrielly, ihc pusiliun ul' llii^ I'nili'it Stiilcs ill llic nmltep iippeai's tu he iiased u.i the iili''i ■
illowiiij.', I'ur 11 iiiuney cunsideialiun, the slaiiyhtcr ul llie niii\iiiiiiiii pussilile iiiiiiibci' uf seals euiii|Kitil'l''
with the c.iintinnnl exisleiiei; uf thi; aiiiinals uii llie I'liliyluv Nlamls, while, in urdei llial this iiuinli'''
shall nut be lotinceil, no '^'aliiie is tu he pcpiiiitlcd elsewheic. '
'Iili- 111 iHlia, tiltrr
V.IH tnutui ill tlii-
il. ttir liHukrt U
I'll MitU'» v;ii*kiii.
.•(in < oiiili.ilij Wt-rr
lilt- |(ri«i'iil rint (il
l-'..ir(i|ii'. iintl in ih'
r tluliiirit ptT t>kkli',
liii' 1mi*iii>-4« I'll 1h<-
'iiw Kkii)> ii'fW litl'l
ijiiiiU C'liiUI hinlly
M'MTItl Vfiiri IIIU*I
t imt iiirrv it inuHi
Viit'-iirc liclol,
nitil |)rn1(Jt1>U oil)
ui. Iliry v»iil I'mUt
■^i-ii itwir, i'"ulil till'
II iijiprt'rijil)!'' ilticfi'
ry vi'iir. Wt ni;iy,
III on tlirn- Piibjlii'.
liiiIiU in tile upr.
Iihlftl to. Mr. r.IUii!'
!)•' ruiniil luiiriril t >
L-aU :it illl. >\nu
\i\i\\iii fiitnvly,
An r\i«rl I'fVt"
4.M
llll|>lil>ll lull l»' llllNI'll, ill I Ills IIIIXI'i (III
MH'll .111 ilS-lllll|
1. 'I'liiil l'.rliiiii;{'.s Sen i.-. ii imirv ilaiKunii
J. 'I'liiil ciirli mill I'Vciv t'lir-sciil \-< till' propoiti- nf lln' I'nitiil Shili
iir iplliii iiiih ill' 1^11 'ipiiiliil*:'"-'' •■''
iilli (:liiini> liiiM' li'i'ii Miaili' ill iiiM' I'miii III' iillii'i', liiit iiHillwi' Ih
«> lin ii« I Iviiow, tt.fii ndicialiv
Miiiiiihili'il.
j^Ol
uialiliiriil IViiliiri'
l>\ thr lai'l llllll till:
III'
I'llill
Till' lii--l i.H >iiii|ilv ill>|iiiiVfil liy II
iihl I'li'liiin^'.H Stiiiil riiiiliiliiili' till' iilii'ii liiifliwuy 111 Uiii Anlir iiml lo (ixi't M' llm iinrllii-i'ii ^ln
iil<i. Iiy lli>' |)irviiiiis 111 linn i>t lln' I'liili'il Sliilivt' (iiivii'iiiiii'iil wln'ii iliih icn wmh mciiIv ■<iii'vriiiii<U'>l
|ilHrllllHt' 111' Alll^llll lllM'lrt III
1 1 is Hl'lll'I't'lV IlllS'lilllc llllll
li'lliliii'V. I liv llif I'ai't llllll Iruiii ISIJ In tin' iliiti' <'!' llii'
il Sliili'.s' mill iillii'i' uliiili'i>' wi'K' itiiiiiiiillv
I'lliiiH iillriil|il wi
II l»
li^iltri'.i
I'liriii'^
St'ii,
li
"M'l
111 tlli* nllllrlllimi. (liilllrllilTs lli'<l<'l'V. Vlll. Wxiii, AIikI*;!
'I'l
"/.)
ill
III III'
liiiiii IK I'iiMliilh
iiilviiiM'iiM'V II. \V I'llliHil will, wiilos: —
1'Iu' liu'.-n'iiU nt Aliiiilin. I'ollfriivelv iiriil iriill?i.liiiillt. ■ nri- tti'' p.-'ipiTlx iif lliif (ii-iicr il <^^^■rt^m■■
Kvrr)' fnr-^iil
) till- vtnti-r* itf nt-lirinfr'ii Hfii iiriiniiil iili'iitt thii I'riliflnv l^liinili, no in<ili>f> If ffninil »'i iloitl'.; HNt inilr^ nu.iT friiilt Ihnv
ri/)lii-iii'». Iit'lniiir« lliiM'f. liiH lirfli lii'Knttrii anil Imrii Ihrn-nll. amt lA llii* iilitiipil llml llli' |ix|ill<-lt nliii'M ill llift Um- iiriitn-li. Nn li*!;!)!
«.|i
.ir.|ii
Mill'
.■luiiil IIh> wIinIc iriiili III' my ^I'llr
Till
iiiiitli I I-. Il'
iiiiw ilini'iuialily (i|i|iri'ri(it.i| Ktiii
inil-i^liii'il lit tli"Tri'>imir\ i'i'|,iirtini'nr. iinil tiiis licfd iliniiitf tli • pfi« Omr Tfipn. n* llii* -i',it pliiiii-i Inw ili.r ivitciI t.i their chft^rin
1.1 liiviiiiitiliin ," (Dinted Nt:iten' llltll CfliKil*. vol. viti. Pur.Sml Uimid*, p'. I.'i7.l
Wllivillj; I'll!' till' llllillll.lll Illl' i^rlllT.'-l lilijl'l'linll wllil'll IlKIV In' llli'Mil In illl' illliilCi'llU'lll ill' ilull 11
,illi i|il
nil illl' llijjil Nt'iis, Illl rliriiii'i'lllOlll. wllii'll illl' I'liili'il Nlilli'M, ill till- illll'll'st (if llid
111
('.iiii{ialiy, ii]i|i('ai' lo liiiM' iiiiili'ilaki'ii, lln: lacl'i Uiiiiii wliiili llii' ii..~liiii{iliii|i aii' liaseij inny lit!
AInskii
Ik
il Ml. Klliiill, ill I'lul, liilii.-i'lr «riti'.-i, nil till' Willie |iayo d'elririn^' In llin |ili'>
■ II.
Ill' a la
-I'llill:,' llui'i ill )'n'liiiiii,''.s .'^ral, llial il niiilil mil lull " in ii few t-linrl vi'iirs in -n liiiias-.in._' ami irrilatiii^
III' lui'i'ililij; Hi'iil.s us III can.-.!' Ilirii willnlriuv.il I'lniii lIp' Alaska i'ii<il<i'rii'>, iiinl |iiiiiiiilili' ii'lieiit Ui tlm.-ii'
"I liii^si.i, a hniii'i.'(' II
•!i.iiiii' 111 us.'
r niiiliiiiliii'il Mii'-i'iivili' ili'liu'lil ami I'liinliiini'iii, uml nl
K s|iniiilini; \<iiv nm
'I'lii" ii.'iiiaik iiii|.lii'.> lli.il illl' val- iiiav ri-.^nil in lillii'i- lln- I'liliylnv nr llii' IJii.'i.-iaii i-^himl^
iiiiliii'j In riiviinislaiiri's : anil win
I i.s In |iu|i
llin r;iM(. Ill' a |iiii'lii'iilur iiiiinial. in Mliiili nl' tluvsi'
|'l.ii'('> il lias lii'cii linin ' 'I'lir nlil llii'iiiy, llial tlii' .irals ri'tilliiril iiacli yi'iir In tlin siiiiii* »|iiil, liiis lu'i'ii
ilii|
ilv
'il. KUiill liiiiisi'U ailiiiil' lliis, ami il !•< rniitiinii il d'/i. i-//.. |i. :'.! ) liy ('.i]iliiiii Cliiiili'
Mrv.iiii. wliii I'lsiili'il ciiilil ycai's in llii' I'rilivlnv IslamLs iiii (iiiMiriiiufiil Ayi.nl, iiinl wlm. Iiiiviiiir liiaiKiil
ill 1X70, nil Si. I'aiil Islaiiil,
li'i'ii''iii/>'i
I, Illl' llrxl Vl'lir, riilU- nl ll
ililli'i'ciil I'linki'iifM (111
•Jiiil i-liiiiil, ami luii nil .S|. (ii'iir.i.'r l.slaiiil. (.\liiiin;/ia|ili un Nniili .Vnii'i'icaii riiiiii]ii.ili.s. .Mli'ii, I.8HII,
.401,
It
nil.
iliii^-|.l
iivi r, Iiy iiO iin'iiiu* coiliiin tlial llie rni^sfHl.* bivcil t'X(ilii»ivi'ly mi llio Itii-s.^iaii iuhI t'liitcil
mils 111' nrliiiiii.>'s Sea, llinii,'.jli tlii'si' islamis ari' mi ilniilil lln'ir ]piiiii'iiial ami iniiinrtanl,
'I'lii'V were I'lii'iiii.'rly, ari'iii'iliii',' In ('a|il,iiii .'^liaiiiiiai. rniiinl in i niisiil|.|-;ilili. ininilii'i'.
si III' I 'alil'iirnia ; ami ('a|iU(in liiyaiil
'ilili
V iliriil'lllri
Ma
.Mam
nl' ('
asl ill
Niii'lli-Wi'sl Nmlli Anii'iiin." |i[i. l."iL'. l."il. i|iiiiliil Iiy .Mli'ii, o/,. . //., |i. :j:;:;) nl iln. cvisti.m'c in ici'i.ni
miiiiaU nil lliii IJiii'i'ii I 'liarlntlr l»i|aiii|s III I'lrili.sli ( '(iliinttiia.
"I sill
C/llllllll'S 11
I' 1 1
M'-, .\1
Irii I'lirllii'l ililnU:s I'lniii lliii iili.si'rviit iiili.'i nl' Ml. .laiiii-s I •
I'liiiiiiii-siniii 1 111' h'isli iiii'l I'i.sliijiii's : - -
II, Kii'lil Assi^laii! iif illl' I'llill'
■' Mr. Swim '* il inioli. fmin Mr, Klliiiltl, " lin* p,i*.Ml-pMlr ml iiviTn'^.r Itf.'tinir nii lln- nnnti-w.*l cu-t. iinil linn '■. n.l-ri'il
I'liri! Mii-tici! mitl III ctliiiuliikfv nftii wnl mul mliinlilt' niriii«."
lis slali'liirlil.s iiia) llii'li'liil'i' lie ri'irivi'il willi ri.s|ii'rl. lli urilcs: —
■'flip liirl tliat llipv fihe fm'.s.-!il-"l ilu lM.ir)itipw in t*»r ^ip("n i»l'|.ni' . off l-'uni Htmit. iii wi-11 r'^tiililijhcil hy tli(» i-WdDiiiv of every
i.f fiiL' <fii!iiii,' I'liptiiiiis. thi* liiiiiiiii-, mill Illy ijwii |M'i>iiii;il nli-tri.'iti.
l>r. I'liwtr -iiy!! tin t.irU tin not ..limit of ilifpoUi.
■ pri-pii-trrcuii to my iiiiiiit In -iippiiM- IhnI nil lln. l'ur-s..ulK of tin- Niirlli I'lirilif ci u> 111.- I'nliyliiv l«lfinil.« ii« to -uiipii,
iiliiioii iro to till' (^oliinilii.'i or KnisiT Hiv.T ur I'i llic Yiikiin."
i(. Kurili.* -Iiuiilil ''■
vi-ihii. ilinilnmi'ii ''
fiiniiiluliiini l"»t 111"
. islilliJs. 1111 1 llml "'
'I'., lllis I'l'ul'l'
S. .Il
'I
ri murk lliHt I
■:iii|? lli.iii f.irlli WHS insi nl liuiiil.'
Hillill. Illl' W
vt' liir--i'.il iiiip
cll-k
miHii niitnriilisl', in
Ms
nt Ciipi. KUlIrry. liiki'H Ir.
in olil ;■!•[ jii-l l,i!li.il, .||.iv>nic iIkiI (|i|. lium „f
Illl lln
slali'ini'iils .Ml, .\lliiii liliii.wlf iviiiarks:--
ivi'iiiiiuiil ill '''■
iliii'4-^;iiiiiiiil-'' "II''
I. 11', iii.lii'il. ll"
I'llllllnlll'il I'.V til'
•mil a I'Diiiiiii'Vi'i'''
111- 111' tlin I'lii}!'
1 ntliiT I'lilllllvil'-
111' iiiaiiilaiiii'il
.s('i.l i>,i lln' III'''"
f si'iils i'nliili:itil'l''
iiiat lliis iiaiiil"'
ill.' in
I tin
iui« «li;'j:i*.liiins ni'idi* Iiy Mr. Swn
iirf III ..pc
ll inbr
nlirinin:; (li>
mail..
npln
' ri pair In m-i-ludril plm
llrymit, nnd nlrOK.iy bfl.-ll? pi.^nril'.(l (ft this wort*. Tli..? si.pin -tii *liow- thai ;it It-iist li rcrtiiin lilinibt.f of
i'l'
411
«nili.l I.I thptr ih'mIi*. m fur *..n(h an tin' Intitud.- of C.ipi: Kkitleri-
I'iiiif forlli th».ip
Ml, Kllii.il.il'
illsi', sliillilv ili'iiii's 111,. aiiili.'iiliiJtV nl' all illl
Ill.M
I'Vatlnlls, 11
I ni 111 111
iIhI' I
ni'iiii^ iii'ii'ssarv
(1 niainuiiii lii.s i-niili'iilioii a.s in tlto. n\viii'islii|i ..l' iln' I'niinl Si-iiis' Cui.i-iiini.m
'111' .Mnska Kill' ( 'iiiii|iiiiiy, a.s tlii' case limy liii, in lln- seals
ll lias I'lirllu'r I ii nl'leii sialoil llial llie killing; ni' riir-.s(>als in tlie ojii ii sea nil lln: .Nmiii I'.u i(i,
•'^1 i^ !i i''iiii]iaiiitiv(ily iii'M' ile|iartiilv, wliile il, is, as a iiiatU'V nt' I'ael, iiinially eeilaiii llial ilie liiiliaiis
ve iHiiNiieil anil killeil llie.se animals I'lnin liiiie iiiiiiitniniiiil, ,\s
i'n.i;tli 111' ll
ll' till,'
lal I'imsl Illl
lias, linwevci', niilv nl' lale veiil's liecdiiie I'ulh k
ill'.illv iliMii'ull In (ilitain liiili'li ll'ii.slwnitliv eviilelii'i' nf lliis witliniil ciiiisiili. llllll,. ,x
iinwii ami a|i|i|i'eiii|.'il, il is
ell.
I. liiiwevei'. In' aiiiliii I'll. Tims, Captain Sliaimnii ilescriln'il the iiinile nl' liiiiiiiii.j .se^Is in
il'l"y"l liv Illl' ImliaiLs ni' Vai
Islallil, ami relers in ill
"t l''i
wlieri'
Ills, tl
I pi I
•Ills liv Mil' III, Ii, III:
^ a.s ciirU as (lir Inl Ma
icy ilppi'lir-
, mill 1)1 iri'
loi-
luiii till Jniy pr .\miii*i iiitliey nrc mosi pjeii'iinl in \nril ^n^
riiii/ //ipAv tiro mniilfii III ■ In Uhhk tfffufe 'learh/ att llirir time to urithvj v'lcn lltr ,-■ ,;/Afi' trltl f/erittH.
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IMAGE EVALUATION
TEST TARGET (MT-3)
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20
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1-25 IIIIII.4 lilll.6
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Photographic
Sciences
Corporation
23 WEST MAIN STREET
WEBSTER, NY. 14S80
(716) 872-4503
%
is
I
452
111 1843 t(i lSli4 only a lew dozi ii skins iiic known to lm\i' lioi'n liikcn annniillv, Imt in ISfiO fully
'(,000 wen- r.liijiiiuMl. Mr. All.n, wiitiny in ISHO, Miiti's llnit-
" l>urjnK t)i<' wtitl'T iiiiiiitliH cim'iiilorutili- iiiiiiilMr'i of m'U»kiii« un- tiikrii bj llie iintivc^ •>!' llrilio)) Culunibi'-, Rriiii'- yi-ar^ :ii minf
!• 2,0110.' (Allin, o;, <•./,. pp. 3:i'i. :l<l, 111 )
-n
(»• jii-
ilcilinn or llic I'm-siiils I'li.ni rvtciininatinn liii'< iVuni liiiH' h> liini' Ik'imi siicrinnslv .iclviiiii-i
ns 11 Hnllii'icnl irason I'm- cxliaiiiilinarv di'iiarliiri's rpiiii llic rrs|iiM'l ii<\iall\ ]i«iil to piivati' ]irii|HTty ami
t<i inti^nniliiiiiMl rii^lils; lail any iniiicciiiin liasvil nn iIk' lease (if the lireeilin.^nr'diiulH <i( lliese aniinaU
as |(laees (d slaii;^l(ler. and all :ill(iii|it td ]iicsoive llie seal>< wlieii al Iari;e and s]irea(l (ivei the (locaii.ai
till
■y ai(
iiiild'iU'tK alile
ill'.; llie ^Tealei ](ait ni eiiit( year, is unfair ill its Ki.eiiil imi, iilisiailid ill )irilici|ilc
I ellfdlcellK'lll.
Itefeiiiiii; t(i llie interests 111' the Indians ((f the iKiilli-West ena.-l. il i^ Irne lliat a eerlain iiianli'i
((f -Ments iiKW nil tlie I'rilivldv Islands lii'.IS i
n all. aii((
irdilin til Kllioll) aie del" ndclit en tile .-(mIiii;;
liusiness lor siili^isteiiee. lull tliese islands were uninlialiited wlieii iiisi(i\cre(| liv the liiis-iiiiis. «i]
111
Liht, tin
]ieii]il(> here for their ((wn (•onveiiieiR'e. Kiiil
ler south iiloK
kl; the
.-I the natives ef tic
Aloutiaii Islands, of the soiitli-eiC't coast of .\laska, mid of ihe entire mast ol Ihitish ('((liinihia In
Ix^eii, and ^till are, aeeiist((nied aiir.nallv to kill eonsideialih." nnnilier-. of
This il woiili! l"' uiiji
III intcifere with, <ven were it possilile to carry out any ii"_'nlalioiis with that ell'ect. The liulini
(leV(do|i|iie:it of oceanic sealing' all'oids eiii|iloyiiielit to. and serves as a mode of advaiii ciiieiil ami
rivili/ation for, these Indians, and is nne of the natural industries of the const. N(( allnsion m-cd l»
limdc to the )irescri]itive rij,dils nf the uhite sealers, wli
leli are we
11
Till! iiii--oiiiidness of this |iriiici;ile of cKiiscrvation is ■-hown hy what 1
ired in the .Siiilhmi
Hcinis|iliere ill res|icct to Ihe fur-seals of that rej.Mon. .Mmiit the lieL;iniiiii.u of Ihe icntt:
productive
a!iiii.'-''r(iuiids existed in the Kalklaiid Islands, KeiLMieleii IslaiuN. (jcori.'iaii Isliinii*. tl.-
we.st, coast of I'atai^onia, and many other ]iliic(S similarly situated, all of whiid. were in the coiirse nl
ft;w years aliiio-t ali.sohitidy stii]i]ii'(| of seals, and in many of which the aniiual is now iniiclii-a'li
extinct. This ih'strnction of the southern fiir-scaliii'' trade was not cansei
d liy II
roniiscnoii;
.SCillil
sea, hut eiitiridy hy huiilin;,' on and aroiiiid Ihe shores, and, had these i-^lamls heeii )ir(itc(lpil
hreeilin;,'-|ilace-;, the fur-s-.'iils WKiild in all indhahility
Ihci- were at the date at which the trade ((iiiinienced.
ih
hiindalil 111 Ihe s
until tii-div
'I'
tie iiii]iiai ticahility ol lireventiie,' the killing' of seals on the ((pen sea. and of ellicieiitly imti
sullieientlv ohvioiis. The seals, moreover, when at sea Mil In
tin; North I'aeilic for tl
lis pnrpr'-e. 1-
lark.-l
■oliliv.st with their lioldiiess and docility in their hr liii^'-places) are e\trem(dy wary, and iIk; iniiiii«T
which can he olilaiiied hy leoitiniale hiinliu^' at sea must always he small as compared with the IoIjiI
Kllioll. in lacl, slates that the seal, when at .•'ea. "is the ■^livest and wariest Vour inueiiuilv can (lotili''."
((),,. nl..y.i;:>.)
'I'lic )iositiiin is such that iil the ]iie~cnl tiiiie the perpetuation or the e\lerminati((n of the l'iir-<i-il
ill the Nortl
'ai ilic as a
eicial factor practically depi
iitii(d\
the rcL'uhili'
restrictions which may he applied hv the I'niled States to the I'riliylov Nlaiids, and now Ihut tliis i-
(if ((tl
her ciiiiiitric
iinderstoiid a rc.'ard hir the o,.||,.|iil interest of ils own citizens, as w(dl as for tin
demands thai the extcrniinalioii or serious de])leli(iii of the seals on their l(ree(lin;;-islaii(ls should !■■
prevented. It is indhahly not necessary lor this jiiirpose that Ihe killiie.' of ■^eals on these i.<laiiii>
should he eiilii(dy piohihiteil Ituih Kllioll and liryanl show noml rca.soii for helievin^' that a l.rn.-
niimlier of seals may he killed annually willmnt reiliicini; llie averaj;e a;;.ure^'ate liumU'r wlii.h i 'ii
tiiid suilahle hreediii;.'-;,'roiiii(ls on thes(Mslaiids, and after the very f;reat reduction in niiiiiln'i'S wliii
((ccurred, owini,' to iin iiKdenieiit season ahout IH:;!! (Kllioll). or \^\- nh-yant), the seals increaseil vi-r-
rapidly aj;aiii, and in a few years heiie.' nearly as numerous as in 1^*7.!, when the total niinil»!r "O iL'
i'jUiiids was estimated at over -I.TOll.tlOii,
I'.y retainiii;,' an ellicient eontnil of the nuinher of seals to he killed on the I'lihylov Islalids. rdW
hy lixiiiu this niiiiiher anew each siiason in nee((rdaiic(
will
I eireiinislanc(
•s. the rilited .'^talc
(loveinuicnt will he in u jiosition t(( ( (Hiiileiiiet the elfeet of other eausca tendJiH to diiiiiiii^li d'"'
niiiiilicr of seals, whelher c limalic or resullin;; fi((iii the kiiliiej of a larger niimher at sea. There i< m
■lid that the iinmher of seals which mi^:lit thus he safelv killed on the islands wml''.
iiiili' ■■ ""'
if I he -tMl'.
reason to appnda
iind T any ciii nmslalices, lie so small as lo fail |(( eo
the I
daiids
ver the c
If such a |(
licv a.s this. 1
St ((f the adiiiinistralioii and |iriil<
lis, liased on the ciiniiiioii interests in the iireservalion
wele adopied, il luijihl he re.isonahle to n^jree ffor the purpose (d SiU'evJUardilij; the islands ali'i I"'
police purposes) ilmi ih(. juii.sdicfinii of the I'liileil States in tlii.H niatlei should 1k' adinilled tuextiiii
Hi some ;;realer dislanic than this usual one of '■'• lu.irine miles, thniieh. as shown fnrllicr "ii. ' ■"
neeessary distance would not he ;;reat.
The situation of thi> I'lihylov Islands and the hahits uf the seal to^ellier cause the piohlmi d i!*
preservation to he (uar of extreme simplicilv if approached iroiii the poini of view of prolccti'iii "" ■'"
ahont the islands, hut one of \erv ■.'real dillicultv if hdked at Iron
iiV oilier slandpoiiil
he l"ii;
ililiuned and presiinialily acciinite ohservations whiih have lieeli luailc mi the haliits of til id* di"»
that diirili',' the entire lireediiie season they are verv clnscdy eonliiied to the iniluediale shmes ef 'li'
hreediiiu islands, and that neither in arri
rriviin; nor in de|
lepailino from these islands do tliev fnriii »
■h-U
iip)iear lo'jelher in sin h niimhers as to render pioinisciioiis slaie^hler at sea possihie. The eld '"
.letiiallv remain on shore diiriii^i the entire 1
yoiiiiu' from lime to time for the water ari' de.scrihed
iii'edili'' SI
iisoii, while the h-malis, Ihoiioh leaving
lliin
just l(ey((iid Ihe line of surf. Kveii the hi
iinlino the imniediale vicinilv of ihi'
he A\"V-
((r .seals ('Kllioll, "/(. (//., pp. !."(, (14. <! pi
.MIc'i.
0/1. III., p. I'.HO). which constitute a distinct h(«ly while iishore and are not aclnally cnea^'c
or protect iii;_' the yoiilij.', arc said In remain close to the kIioh;. If liowc\el, any seals are I" '"
at this time {ioiiiK to or reliirnino from the sc'ii at some dislanee fiitii land, these iMdoiij.'
,1 il, l,rcc(liiis
1k' f. '
Id ill'
' lincla
(lass, which is till
(lass sidecU'd hir tin
li;; hy the fur I oinl
lanv. Th" V""ii;
ml ill ISCt" fully
■iMiis)v ailvhiii'i"i
ito ii|ip]HTty ;ui'l
if llic'-i' :iMim;iK
Yd ll I'iiii. II-
111 iiiiiii-i;ili'. ;ini
4J3
fi umIi"'. lift''!' I''''^<»^' llii' i^l''>>'l'i 'II till' y>''ir iif llii'ii 1'iitl
uuliiiilv ill tlii'ir lliinl vimi Alliii, .■/«. m' . |i. l"'.'.)
I'l iiul I'. mil
lill .illi'i ru.i i.Jii;
III' i;
ii i-i-vliiin iiiiiiilir;
III till' MMlur;
Jussiaiis. «ii"
II' iiativisi'f ill-
I Ciiliiinliia li:n>
wmilil ll" niijii.-
rl. Till' Illlliil'I
ilvaiici'ini'iit .iml
illiisimi mill l'
. ill till' Siiiili'iiii
I 111' n'liliin viri
ilL'illll IslulliU. ll;'-
ill ilii' ciiiirH' (if 1
■i now iinicliculh
iscumis si'iiliii^' /
llCl'll ]llfltl'llCli 1<
(> Slllltll tll-lllV .
liiieiitiy imlnilliiii;
at si'ii (in inatli-l
,-, ami iIk; minil«r
I'll Willi till' totiil
'iniily I'liii iletii!''.'
limi (if till' fiir-«i'il
II' rr','lllali"!is :ii''
ll iii.w lliat this i<
(if iitlicr iHiiiitii'v
:-i<laiiil-' slinulil 1-
K (111 llicsc i'liui'i-
I'Vili^' IImI a lii-
iiii:iil«'r whii ll I.'!
in nuiiilii'i'.-f «lii'
I'lils iiirii'u-cil \'-
la! iiiiliilici' "11 !■
ilivldV Ishiiiil-^, v:
ll,, riiilcl Still.-
i^r til iliiniiii"!! '''"
I sea. 'ilicic I- ' '
I tlic isliiiiiN wiiiiii
II and iniil" " '■
validii (if till' ■"■''■
lie i>laii(U ali'i '"'
ailniillc'l liii'M'"'
IIWII fUItll'l "11 ''
111,' )ii<ilili'lii "f :
f |inilct'ti(in "ll''"'
i.lliiiini. Til,' !""■
Is i.f till' ^i-aU-li'l"
■iliatc ^li"!'"* "' ''!"
II llii'V fnllii sil:-'-
1,1,'. 'Tl M ''^■■■
II 111^1, li'avili!.' til'
i-iiiily of llie *'""
I, tl juimim : 'ol'"
<'nj;a;.i'il in It"'''"-
Ills all' to I"' f""',
lll'SI' lll'l'ill'.' '" '
iii|Hiiiy. 'llii'V'"'
luutiiiilv 11' tiicir iiiiid yen .Mhii, /■/«. n' . |i. (".'.)
Tlic I'Viili'lio' (ililaincd liy ra|itiiiii Itiyaiil sliow-. llial while " ^iiiall ;;i'oii|i> of ^iiiiill •mkIn
,i|.|..iii iilly 1 and ■_' »cais old/' aii' iiirl «illi ill liifj:" ill IJi'liliiiy's Sea diiiinv, 'liih mid Aii'^'ii-' no
Mii-idi'ialili- nilliilM'i'', of m'IhhiIs arc to In- loiinil. I.MIi'ii. I'/i. ill., y. II I.)
ll is tliiH aii|>aicnl lliat tlii' |H'rfi'i'l si'ciirily of llir scids ailiiiilly rii'^a'.'i'd in lircidiii'^ and sm kliiij;
'.h.ir \"iiii(,' III IV Ik' sci'iiK'd williiiiil I'xii'iiiliii',' llii' liiiiils of jinili'il 'ini licMnid llic usual ili.stiiiii i: nt
:; mill- fioni till' ^lioii's of 111!' Iiii'cdiii;,' islands. Inn |lial fm llic )iiir|ios,' of imica-iiio llii- I n ililifs •>•'
.ii|«i\i-ioii a xinii'wiiiit widii- liiiiil iiii'.'lil iiaMiiuiI'ly Ik' uiiiirdi'd. I'ossilily l.\ di lining an .iHi.i
iMiliisi'd liy lilii's .joiniiij.' |ioiiils :! inilos oil lln' i'Miciih' licadlands and inlets of llie I'liliyln- '.'loiip, lui
,;'ii|i|e ,iiul iinolijeelioiialil" area of |irot('i'lioii iiii;,'lil I slalilislii-d.
ll is allowed liy all naliinilists that iIil' lialiits ol tlie fiii'seals of tlie Soiilliem II, iiiisjilii i< !ir>.-
jj.lllii.ll «itll lllose of till' si'iil of the Niirlll I'aeilie, all'! it Is iherel'ore adlllis-ille I'l '|Uoto lii«
. lis. lA.iiioii^ of I)aiii|iiei' on .Inaii Keinandez Island in fiiitlier ((intiriiiatioii of llie fail that IIk.'su
,iiii!ii;ds eo only for a very short disianee from land diiiin"; the liicedin^' season, e\i ii ■Aheii in iiiinictim;
iiiultilndes Mil till- shor,'. |lani|ii,'r writes: —
' llrrr art' alnajr* llinu*aiMl-, I iiiiglit my |Ht«!tilily milliiilii iif lliiiii, dtlicr HJI'ini; nn tin- l>>iys iir b'<iili:j ami ,-'>inilli' ill tli, s«l
t.iiinil ihr i'lmii'v, wliirh it isiTrn willi thrni (m- llicy lie At tlir lop of lln- w^lrr ] Inyiii^ ixiil MMiiiiiii; t^i'iiifUr") f'tr ti mile "r tiro
fliitt Ihr tkarr." i" A Nrw Vi.jii?^ Iluiiuil Hie tt'orlil." Ijll.l; i|ii.iIol liy .Mk'ii, op. cil., p. :',M.)
Tlii'se I'liokcrii's liavc, liko otlicrs in tliti sontli, luen lono slncn di'iileled and iiliaiidoned.
Tlie 1 ill iinislann' thai the fi'liiiile fiir-sral In roiiies |iii'^nant. within ii f \v day- ailir tin' hirtli uf
asyoini^'. and that the period of ;^es|i,tioii is iieiny twelve iiionths, «illi the fact that the skins ito at,
•ill times tit fur niarkel (llioiiu'h for a few weeks, evteiidiii^ fiinii the niiildle of Aii','ii--t In the elul rf
S,'|iteiiilM'r ihirino the |iroL'i('-s of the sheililin^' and renewal of tliu loii;.'ei hair, lliev .iic of less viilue)
■ Imw that there is no naliiial liasis f a i lose .sea-on ;,'enerally a|i|ilii alih'. Thii-, -honid any 'lose
-I'liseii Ik- ailvocali'd, its leii','lli ami the me of yeiirdiiriii;,' wliiili it sImII oieiir eiiii only he ileterniiinjd
.i-a iiialtei of eonvenieni (• .111(1 lie of the iialiiii' of a eoiii]iioiiiise hetween the various interests involvi'il.
The |iela'.'ii- haliits of the seals diiriin,' fully six nioiitlis of e.nli year, and the fait that lliey are during
;lii' entile winter si'uson wi.h'ly ilis|M'rsi'd over the I'aeilii , idnslitnlc a natural and iinaMiidalile eloW!
scasmi It is thus only |Kissilile, from a I'.iliiliieii ial poiiit of view, lo kill the seals iliiriii;^ the i«;rio(l
if their a|ipid\imate I'oneentiatioli for niii.'iatiiiii or when in llelirino's Sen. This i- th,' period tixi.-il
liv .V.iluie diirino which ^cals may he taken, and any altiliclal close season inn he ell'ecliv,' only if
:i|i|iliei| to the fnriher cnitailnieiit of the lime at which it is possjlile to carry on the fishery It may
111' .1— Hilled, ihereforc, a.s siicli a ,|ose season f,ir seal-hiintino iit .sea iiinst li,' |iiii('ly arhitiiiiy anil
iriilii i.il, that any close si-asoii proposed liy the I'nitcd States or Jie les.'iccs of the .S al Islands will In!
.'liiisiii entirely in the inteiesi of sealing' on shore, and so ariiiii;,'e(l as to render the time of soalinj; on
;lie ii|rt'ii -ea a.s short and iinprulilalilc as jiossililc. ll is thus iiiipurlaiil that the sci-ooin^ sailers
-liiiiilil at leas; hnve all eipial vuiic in the mailer of the limi. and diiralinll of a i lo-e period if sn,.Ii
-li'iaM I onteniplateil
(Signed) (iK.i tl,'(;K M. UAWSoN
l/»,,/, .•.. IS!)ll.
No. 322.
Sir J. Piiiiiirrfiilr to thf Marquis of Salishuri/.— (Rec-iicd April 2G.)
(Teli'iriapliic.) Wnshinijlun, April 2G, 180O.
I II.WK received (lie uincniliiieiits propo.soil by liio Camulian fJovernnicnt in my
nc» ilriift Convention referred to in nij despatch of (he lltli instant. I propose to
siilimit the driit't ("oiivention to the Conference on Tuesday, with tlic ninerMlmcnts,
unless your Lordship instriict.s mo other" ise.
No. 32a.
Sir ./. Piinncrfnte lo thf Marquis of h'alisbiiri/. — (Hrreirrd April .'10.)
(Telenjr.ipliic.) Wnshinijinn, April '.W, I8'J0.
I HAVf'] .sent tlic draft (\)nvcntion to \[r, U' liiu', »itli a leller supportino' our
'diiiitcr-proposul.
I sent your l<(.rdsliip copies by post yesterday.
i3l
No. 324.
Sir J. Padiirrfutr lo llir Afart/mx of Sa1islmrti.~^(Rrreii'e)l Mtvi'6.) •
My Lord, WnsliiiKilnii, April 25. ]<(tft.
I\ obiMlieiii'i' to your Lor.lship's inslruclioiis conveyoil lo :;ie in voiir telusraui
of till- 1 "ilh Mairli. 1 iiave tlio lioiioiir to inform you tiuif I (■oinniunii-utcil «'o|)io> of my
dt'.s)m(ciu's of tlic 7th iind lltli Fi'brimiy. ri'S]K>ctins' tlic asschsnieiit of danmyi'H )oi
soiziiri" in lii'lirinu's Sen, to Mr. Tii])i)t>r. in order tlint he mi^lit coTisnil his colleuii^iis.
on till' sui)jocl dnrinj;' liis visit to Ottawa.
r liavo now llic lioiionr to inch)se a ropy of tlir It'ttor in wliich lio informs uk' iil
tile views of tiie Dominion Government as to tlie procedure to he foiloucMl.
From tliis letter it appears tinit the Canadian (iovernmeni, desire liiat I slioui'.l
endeavour to assess the amount of (hni;a;;es with Mr. lilainc, hut tlial tiiey uould pret'iM
il niodifieation of the procedure sui;,i;esled on tlie jtroposed reference to arhiliatiou.
1 have the honour to re(piest liiat I may he ini'ormed whether \nuv I,()ri!slii|i
approvesof (he modificatinn in .\lr. hiaine's proposal suu'y:estod l)y the I'aundian (Jovcrii-
nient, and, if so. wiiether I am authorized to accept that jiropo-al as so moditieil on helialt
of Her Maji'sty's (Jovernment.
I have, Ikv.
(Si-ued) .lULI.VN I'AUNCHFOTi;.
[nclosuro in No, :'il!t.
Mr. Tiiii/icr to Sir J. PniincrfnU;
Dear Sir .lulian i'auneefocc, . • • HV/.v/(//i;//(hi. ^//h //lit. 181)0.
IM'yFI'jl' l!l.\(! to tlie copies of your des|)atehcs of tiic Tlh and lllh Fehniaii,
addresseil to L:>rd Salishnry, and which you luuidod to me. 1 have now to iiifovui voii
that during my visi; to (.)tt&«a I discoswcd with my colloaifms llio Huhiect to w'licli
the^' refer.
Tn the despatch of the 7th I'Vhrnary ymi say Mr. lilnine was wiilin;; " tc cxniiiinc
and assess the damafics with me on the s«nie principle ns if the liahilit^' of his (Jovcm-
nient were admitted, then to refer the (piestion of liaiiility to some eminent jurisci'ii'^iill
for decision on written statements and answers sulimiited hy (he two < ;(>vcniiiu'ii(>
respectively."
It will he af;ri'eahle to (he ( auadiau (Jovi'innient (hat y<m should endeavcuu' d'
assess the amount of damages with .Mr. lijaine.
Touchiim' .Mr. lilaine s jiroposal for nscerlainin;;' tin liahility, my cuiU'anues think
that il would he prcferahle to the modi' sunu'ested that a statciiieiU oldie case should be
nnide, set(iu'>; out .ill the fads connected with the action of the Kevenue cutters of the
I'riited Stales coiicerninu Canadian sealinu-\essels, then crcws, car;,'(ics, |iaj)ers, &c., in
Hehrini^'s Sea, and the question propounded ujion such a statement should he wlatliei
the eonduct of the United StateN in the )HTmis<.«H ■»Tmi insiifiaiile iimiur the jivinciplcs ol
international or natural Inw.
The (piestion "on written staU^nieutM and »n»wfirs Kuhmittud liy the (lovcrinneiit-
respectiveiv " should he suhiiiidcti in luo emii:cnt .iudiics, one to he. >«iy, the (.'liifl
.Tustice of the rnited States, the olhcr iiii eminent mi'in.hcr ol the lvi^li>-li .ludiciary, ("
he named hy the Hrilisli (Government.
Vom ■, iScc.
(Si;;.ned) (11. II. TIII>l'i:i:.
No. ,125.
Juiriii/i> O/firr to Coloiiiiil Of/irr.
Sir, ' 'rh'orrii/ii ()//irr. Mill/ :,, \^'M^-
Wrril reference to yimr letter of the 14th Maicli la-t, I am directed li.v ll"'
MaKpiis <d' S.ilishury to transmit licreHilli a co|iy ol a despatch from llcr ,M:i|c>iy''
Minister at Washinjiton,* inclosing;- a copy of a letter addresseil to him hy .Mr. 'I'liiipi''
e.xjdainin!;' the views of the Dominion (lovcrnment as to the procedure to he follo^u'il m
• No. 324.
informs mc oi
155
tlic pi-oposoil assessmont of diiinajrcs cliiimed on Ijelmlf of the owners of the British vessels
«eizc'ii ill ik'iiiins's S^eft.
I iim tn ie(|uest that, in lii>iii;>- tliis letter hefore Secretary Jjord Knutsford, voit will
iiKivo liini to furnish Ijord Salisiiiiry with any observnlioiis he may have to oiler in regard
to the nioiiiticatioiis in .Mr. I'iiiiiic's ])ro|»os!il su^'gestcd hy the Canadian Government.
I am, &i'.
(Signed) P. CUllRIB..
No. ■',2r,.
Sir J. I'dtimTjiilc to llie Maiyuin t.f Stilislnirii. — {Itccfirid Mai/ 8.)
Mv l>onl. Wunhinytnn, April 2i), ls!)0.
AVrril reference to ni.\ despatch of tlie 11th instant, I have the hononr to
inclo.so copy r)f a letter which I hiive this day addressed to Mr. jilaine. inelosin;,' the
draft ol a Convention which 1 have jircpared for the settlement of the I'ehring's Sea
Fisheries ([iicstion. and which has the approval of the Canadian (Jovernment.
I iiave, &e.
(Signed) JULIAN P.\UNCEFO'IE. :
Inelosure I in No. -I:?'!.
>'//■ ./. Piiuncffotf to Mr. Illnine.
K.iir.Mr. lihiine, Wii.-liinij/nii. A/irH 2'.), lHi)(>.
.\'l' the last sittinu of I lie Conference on the Hehriiifj's Sea fisheries (|iiesti<)n you
■■\piiSM(| (Idiilits, aftei' iiiidin:;' the .Menioranduin of the Canadian .Miniver of Marine
iiiid I'i'-hcrics, which hy your eourtc-iv has since lieen jirinted, \. hcther ;:ny arrnuj;enicnt
lOiiM lie iirrivcd at that would h(> satislactiiry to Canada.
Voii (ihserved that the proposal ot the I'uited States had m)w been two years before
llor .Majesty's rjovernuient. that there was nothing further to urfje in -^sipport of it, and
urn iiiviled me to nuike a counter-proposal on yom' behalf. 'I'o that task I have mo.st
I'ariu'.-lly ajiplied myself, and while fully sensible of its <|;real ditiieully, owinj;' to the
ronllid ol' opinion and of testimony wliich has nianifesti'd itself in the course of (uir
^^ 'lis('iis>inns. I (!(i nol de-pair of airiviui;' at a solution which will be satisfactory to all the
endeavour to ^g HnvcrnuK iits concerned. It has Ijeeii admitted from the eommen' emciil that the sole
"lijoct of tlu> neuoliation is the preservation el the fur-seal species for the benclit of
'iiMiikiiiil. and that no considerations of ailvantaf;'e to any particular naljoii or of benelit
10 any private interi^st should ent<T into the (picsiion.
!<ucli beinj>- the basis of net^olialion, it would be stranae, indeed, if we should fail to
devise the means of solving the dillicultics wliich have unfortuinitely arisen. 1 will
lirocceil to explain by wh^it method this residt can, in my jud^uient, be attsiincd. Tiie
:'roat (liveritence of views which exists as to whether any restrictions on pelat;ii' sealing
arc necessary for the preservation of the fur-seal s|)ccies, ami, if so, as to the character
and cMful of such restrict ions, rcmler it impossible, in my opinion, to arrive at any
-olutioii which would satisfy |iublic opinion either in Canada or (inal ISriiain, or in any
'■ouiitiy whieli may be invited to accede to the propo.-.ed arraiijicnu'lit. without a fall
iii(|uiiy In a Ali.xed Commission of I'iXperts. the result ol' whose laboins and iincstigatious
111 till' reuion of the seal lisbery would probably dispose of all the jioints in dispute.
As reifards the immediate necessities of the ease, 1 am prepared to recommend to
iii.\ (Joverument, for their appro\a! and acceptance, certain measures of ])recanlion which
iiii;iht be adopted provisionally and without preimliee to the ultimale decision on the
IKiintsto be investij^ated by the Commission. 'I'liese measures, which I will explain later
on. "iiiilil eli'eetually remove all re:isouable ap])rcliensiou of any depletimi of the fur-sea!
iwcics. at all events ))cndin;i- the Report of the Connnission.
It is iin|iortant in this relation to note that while it lias been contended on the part
ot tiic liiited States' (ioverniiient that the (bpletion of the fur-seal species has already
'oiiiiiu'iiced, and even that the extermination of the species is threatened within a
'"«isinal)lc space of time, the latest Ueports of the United States' Af;ent, Mr. 'riuj;le,
■"'c siicli as to dissipate all aneh alarms.
■Mr. 'I'iiifrle, in 18S'/, reported that the vast number of seals was on the itiercase,
"iJ that the conilition of nil the rookeries could not be better.
V,(\
In his lal.T Ikcport, diitcil (In; .')l.st ■Iiilv, \fiHS, lie wrotf as follows: —
" I nm lmpi>vto lie iililo t" iTport that, althniigli Inti- landiii;;, the hrcediii;; roukcrici
are filli'd out to the lines oi' nieastire'nent heretofore made, and some of tiieni iniicli
l)e,voiid tliose lines, shoHin;; com hisively that seal life is not heinir (iepleted, hut is iullv
nji to the estimate ^ivcii in my Heport of 1H87."
Mr. I^iliot, who is )'re(iiientl_v appealed to as a ;,-reat anthority on the sidijeei,
Hiiirms that sneii is the natural increase of the fur-seal speeieN that tliesf animaU, vert-
they not jiri'veil upon l>y killer whales {Orca ijladinlni), sharks, i. id otiier siil)uiarine fue*,
would multiply to stieh an ('\tent tluit '• l!ehrin>;'s Sea itstdf ciinld not eoiit.iin them."
The iJDijouraMe Mr. Tuiiper has sluiwn in his Memoran(him that tiie destruclion dt'
lals caused hy pelagic sealini; is insi;;nilicanl in (•()mi)arisoii with that caused hy their
»t
natural enemn's ;
ind h
ifives li"ures e\liil)i
tin"- ll
ic niarvelliuis inere.ise of se.ils in
Hpite of the depreihiti(ii> com]il. lined of. .\;;aiM, the destnielivi' nature of the modes cit'
killing' seals liy spears and lire-arms has apparently hcen y:ri'at]y exny^craled. as luay Lc
seen from the allidavits of jiraetieal seal-hunters which I anne\ to this letter.* ioirellior
with a eonlirmatory extract iV(un a i):i])i'r U]ion tlie " i'"iir Seal i'isheries of the Pacific
Coast and .Alaska," jireimreil and puhlished in San Kram'isco. and desijrned fui- tlic
informatiiiM of Mastern I'niled Stales' Senators and Conffressmeu.
The Canadian (Jovernnient estimate ihe percentai;e of seals so wonmleil or
;ind not recovered at (i per cent.
ivilK'
In view of the fads aliove slated, it is impvohahle that pendin;f the result or' the
incjuiry which I have suirije^Tt'd any appreciahlo diminution id' the fur-seal species shnulil
take placCj e\cMi if the existing' conditions of ))ela;;ii' soalinj; were to remain unchanged.
lint in order to (piict all :i|ipr(diension on tliat score I would propose the follnwini,'
provisional Itejjulations :
1. 'l'h:il ])elajiic sealing; should he prohihitcd in the l!ehrinj{'s Sen. Ihe Sea of
Oehotsk, and the adjoining- waters, during- the nn)nths of .May and .lane, and the nioatlis
of Octoher. Novendjer, and Decemher, which may he termed the '•mij;rntion jierioils'
of the fur-seal.
2. That all senlinn-vessels should he |M'ohihited from approachini;' the hreodiiig
islands with
radius of 10 miles
These liCLiulations would put a slop to the two practices complained of as tend
to exterminate the species;
(1) th
in;.'
le shiujrhter ii\' female seals with voiinij diirin<j
migration perioi
I'cially III tile narrow passe-
tlie .Meutiau Islands; CJ) tlit
destruction of teniale seals hy marauders surreptitiously landinij on tli-j hreedin:;- islands
undei' cover "I the dense fo;;s vvhirh ahiiosi continuously ])revail in that locality d
uriiii:
the summer.
Mr. Taylor, another .\;;oiit i>( the I'niled Slates' (iovernment, ns^erls that the
t'emalc seals (called '• cows") f?" <>"•• from the hreeding islands every day for food. The
followitiy: i> an e.xtrai't from his evidenee.
Tl
le cows "
o 10 and l."i miles, and even further — I dc
)t 1.
th^
o not know tlie averasic n
it — and they
are iroiie,;- anil eoiiiini; a!
tl
10 moniini; anil eveiim
Tl
I'a is hlack willi
them round aiioiit the islands. If liiero
httl
e los. III
d Ihev i;et out half-a-inile
■aiiiiol see a ve-ssel lO'i vards even. Thi; \essels llleln^elves lav aiouiiii tlir
shore, wt
islaiuK ti
cows occurs when Ihev •'o ashore
lere
\\u:v
e ; lie\ pick up
irood iiiimv seal, and I here is where t
iilliii'' of
w
e.'ther
the female seal
■') any di-^lan.i' from liie ishiuds in (|ne.'>t of I'nod, iiml, if
so, to what dislanee. are ipiestions in dispute, liut. petidin;; llieir solution. llie liemilation
wiiit'h 1 pro)ios,; ajiiiiiist the approach of sealin,i;-v<'ssels within 10 miles of the islands tor
the iirevention of surrei>lilion.-, laiuliiif;- praclieally meets .Mr Taylor's complaint, be it
well founded or not, to the I'ldlesl extent; f(tr. owinu; to the prevalenei' of foijs, the risk
of capture within a radiii. of io miles will keep vessels oil' at a iiiiicli '.freater distance.
'I'liis Keg-ulation, if accepted hy IUt .Majesty's (ioM'rnmenl, would ccitftinlv
manifest a friendly desirt' mi their ]iart to eo-oiierate with your (Joveinmeiit and lliat ol
Russia
r
a ill the protection of ih.eir rookeries, and in the prevenlioii of any violation
iif till
laws applicai
tl
lereto.
I have the honour to inelosi' the draft of a Preliminary ('onveiilion wliicli 1 liii"'
prepared, jirovidinj;' lor the appointment of n Mixed Commission, who are to report on
certain specitied cpiestions within two years.
The draft embodies the temporary Hegulations above deaerihed, together will: oilur
clauses which appear to me necessary to give proper edect to them.
.Uthoiigh [ helieve that it would he siilficient during the " migration periods '' li'
' 8i'(' Ajiprndii I in ('olonml Office littir of NoYCmber 3U, 1889, pp. 35i)-3S7.
457
yrcwni iill sciilin;;- Avitliiu a siiocideil (lisl.iiici' Irom llio |i;iisl> of llic Aleiitiiiii IsIiiikIm,
i hiiM'. <mt of (lororoiicc to yoiii- views iiiitl li> IIil- uislics iil' iIr- lli;i-si;iii .Minister,
ii(1ii|iIim1 llii' lisiipry liiif di-sc rila'il in Arliclo \', and wliicli vmis suu;;;fstiMl l>v vdii :il tin;
niit^rt III' <inr iicuoliaticin.
'i'lic (liiill. Ill' course, coiili'miilntcs Ilit' conciiiNioii of u I'liitlii'r < 'onventinn, iit'lur lull
(•\aininiition ol tiie lioport of tlio Mixijil Cuniinission. Il also in;ikes |inivisiiin for the
ulliiii:ilc seltli.'ini'nl lj_v arhitration of iiny (lillVTcnci's uliicli tlic Iteport of tliu Commission
may -I ill fail to adjust, wlu-rcl)}- tin; im]iorlnnl clement of fmnlity is secured; anil in
i.nli'i- lo n'ivc to tin' ])rn]iosed jiiriin;;enienl the widest international l»usi«, tin; drafl
provide- that tlie oilier Powers shall lie invited to accede to il.
Tie above jiroposals are, of coiir-e, suhmiltcd ttil iif'nfii(li'iii,i\ni\ it only ncc.v remains
till ine lo commend then to your taviiural)le consideration and to liiat of .,ie JJu-sian
Miiii-'ii".'. They lia\e hcen framed liy me in a spirit of instice and conciliation, and with the
mill rarnesi de>iri' to ti'rminale tin- eontrover-y in a manner hniioniahio to all parties,
iiiiil Horlhv of the three i^reat nations concerned.
I have, Ikr.
(Si;,'nudj JILI.W l•Al:^'(■l•:I•()TK.
liiclosure '2 in .No. ;>:.'il.
Til!: .N'liUTii A.MKiacw Skai. I'ishkuv ('oxvintiun.
/)>/','> ('iiiireiiliiin hi-hrfni (iifiit lliiliiin, liiisslii, tiinl tlir I'liUrd SlatP'i of Amtrlfii, in
ii'ltdioii lo llii- luir-siii! h'i.tliriii in Ihf Ihhiimi's Sea, l/m S>-ii of Ocliolsk, ami the
nil'idiuimi Wiilcri'
Tlil'j GoverniiicnlM of Kussia ami of the I'nited Stales havinj; represented to the Preamble.
^^ (linirnment of fireat Ikitaii. the ui;;eney of rejftdalini;, hy inean^ of an Intermilional
the hrcediii!; ^H ;\i;ri('iiient, the fnr-seal fishery iii l!ehriP!,'"s Sea, the Sea of ( )chot-k. and the adjoinini;;
":iti'is. I'or the preservation (d' the fnr-seal sjiecies in the \orth Pacific O'caii, and
liillirenees of op;idoii haNiii-;' arisen as to tin' necessity for the proposed Ai;reement, in
I'liihiMinence whereof the three (iovernments have resolved to institute a full iiupiiry into
till' suiijecf, and peiidini; the result of such inijuiry, lo adopt temporary mea.sures for the
ristriction of ihe killing of seals dnrinj; the lireedins season witlu/Ut ])rojudice to the
ultimate decision of the ipicstions in dilVerence in relation to the said (isliery ;
The said three Governments have appointed as their respective I'lenipotentiaries,
III nit :
Who, after having; txchanged their full powers, w-hich wore found to he in good and
ilur form, have nj^recd upon the followin<;' Articles: —
AirncLK I.
Kxperta to Im
appointed.
The Ilij;h Contraetin^ I'arties n{|;ree to appoint a .Mixed Coininission ot Exports, Mixed Cote-
«liii-liail in<|uire fully into the snhject.and report to the Hi;,'h t'ontractinir I'arties within misiion of
t«"\c>iirs from tlu! date of this Convention tlu' result ol their investip^ations, toi;i.'ther
"illi tlicir opinions ami recommendations on the follow ini; (pieslions: —
1. Whether Kejjnlations properly enforced njion the hreedinj; islands (Kobin Island
in the Sea of Ochotsk, and tlie Cmnmander Islands and the I'rihylolf Islands in the
Bcliriii^'s Sea) and in the territorial water.s surrounding- those islamis are sutlieient for
till' lireservation of the fur-seal species.
-. If not. how far from the islands is it necessary that such liegulal'ins should be
• iiliirccd ill order to jireserve the species?
;''. In eitln-r of the above cases, what should such Re{iulation« provide?
t. If a close sea.son is reepiired on the breeding islands and territorial waters, what
nimiliis should it embrace ?
•'">. If a close season is necessary citside of the breeding islands a.s well, what e.Merit
•jI «ntt'rs and what period or periods should it embrace?
[12B] 3 W
468
On receipt a(
Re;)ort <if
Comiiil«!iioii,
?ueition of
nterng-
tionnl Ilritu-
lationt to be
forthwilli
lictermined.
Arbitration,
I'roviaional
Hvgulatioii>.
Seal fiihcry
line*
Close time.
Preven-
tion of
marauder*.
AUTICLE II.
Oil receipt of (lie Uc|)()rt of the Cominissioii, iind of any separate Reports wliich
may l)f inaile liy imlividiial L'oiniiUHsioiuTH, the Hitjh Coiitractiiii; I'arlies will pmcocd
t'ortii»ilii to (U'leriiiiiie wiiat lii'Ortiatioiial Re^uialions, if any, ai'e necessary lor Iho
purpose iil'ores..i(l, and any Ue<>'iilatioiis so a;;ree(l upon sliall he eniiiodieJ in a t'luliier
Convention, to uhicii the aeeession of the otiicr I'owers sliall he invited.
AirricriK iii.
in case the Fliuli Contrnctinij; I'aities should he uiiahle to agree upon the Rosiila-
tions to he adopteil, the (picstions in ditlerence shall he relerred to the arhitration of an
inipiirtial (Jovcrirnent, who shall duly consider the Reports herciidiefore incntinmil,
and whosf award shall he fiiiul, and shall deteriniiie the '!oiidilions of the further
Convention.
AirncLi': iv.
I'cndinjr the Repoit of the Conunission, itiid for si\ months after the date of such
Report, the llii;!) Contractinit Parties ivj;wf to adopt and put in forei' as a teniporiirv
ineasiiie, and witliout prejmlice to the iiltiiiiale decision of any of the (|uesti()ns in
ditl'erence in relation to the said lisliery, the Rcj,'iilalions contained in the next folloHinj;
Articles Xos. \' to X inclusive,
ARTICIil-: V.
A line of demarcation, to he called the •• seal fishery line," shall lie drawn as
follows : —
I'Voni Ptiint Aiiiviil nt the southern extremity of the Island of Saj^halieii in the Sea
of (Jcliol'-k, to the point of inier>ection of the .jnth parullel of nurth latitude with the
KiOtli meridian of hi]ii;iliide east fioni (ireenwicli, thence eastward alonjj the Miiil
5(Jth parallel to its point of intersection with Ihc liiotli nieridiai' of Imi^itiide west from
Greenwich.
ARTICLE VI.
The suliiects and citizens of tlie Hi,!;;h rontractiny- Parties shall he prohihited from
ensagiiiij; in the fur-seal lishery and the takini; of seals liy land or >-ea imrtli of the seal
fishery line from the 1st May to llie ^Otli June, ami also from the 1st Octohcr to the
30th becemher,
AUTICLE VII.
Diiriiiir tin" inlerveninii: ])eriod, in order more etfeclively to ]resc!;t the surreptitious
landiiii;' of marniidiTs on the said hrerdini; islands, vo-.sels en iij^ed in the fin'-seal
fishery, and heloiiL;ini,' to the suhjeets and cilizciis of the lli^h (.'on'ractinif Parties, shall
be pi'diihiU'd frnm apiiroachinjj; the said islands within a radius of R' miles,
ARTICLE VIII.
The llijrh Coiitractinj; Parties may, jiendinn- the Report of thir Conunission, and im
its recommendalioii or otherwise, iii.-ike such Inrthrr temporary l{ei;nhitions as niiiy be
them expedient for hetler ciirrvinu' out the jirovisions of this (,'onvention ami
Fill tiler
provi!<ional
Begiilutioin. deemed Ii\
the purposes thereof,
ARTICLE l.\.
I'lvery vessel which shall he found en:;aned in the fur-seal lisheiy contrary to the
)irohihitions ]irovided for in Articles \'l and VII, or in violation id" any Regulation
made under Article \'lll, shall, toirelher with her apjiarel, equipment, and coiitcnts.be
liiihle to forfeiture and coidi^catioii, anil the master and crew of such vessel, and cverjf
pecsiin helon^inp; thereto, shall he lialde to line and imprisonment,
ARTICLE .\,
l\very such ollendin;; vessel or person may he seized and detained liy the naval or
other didy eommissioneil oMiccrs of any ot the High ('ontraciinjr Parlies, hut they .'•liall
he handed over as soon as ]iraeticalde to the auihorilies of the nation to which tliej
i{i'i;ul..ii.iiB. ,-L.s]i|.(.iivily lu'lonn-, who shall alone have jnrisdieiion to try the od'enee and inijiose the
Triiil of penalties for the same. The witnesses ami proofs ni'ces nry to csliihlisli the olieiic'e shall
also he sent with them, and the Court adiiidiealiii'i upon liie case may order such |)i)rlioii
of the lines imposed, or of the proceeds of the condemned vessel, to lie applieil i«
payment of the expenses occasioned Iherehy.
Penally for
vio):itinn nf
provi-iidinl
Itetrultitioiis,
Soiziiri- for
bro.-ii'li ot
provi^ioiiul
offences.
i59
ARTICLE XI.
TIm'h ronvoiition rtlinll bo riitificd, ntui llic rntiCipntioiiH slinll lie oxclmMijed lit Ruiification.
in six nioiitliH from tlic dntc tlKTcot', or sooner il' possililc. It .slmll Inko cll'oct on sucli Commence,
(lav as slmll ho njrri'cd npon by ibe lli/'li Contrnctiii^ Piirtics, and slmll remain in force "'»"' "nil
until Ibe cxp.rntion of six nioiitbs after tbe (bile of the Ueport of Ibe Conuuission of t;"","","|°„.
Experts to be appointed under Artielo 1 : bill it< duration niav be extended by eoiisent.
ARTICLK XII.
The llijfb Coutractin;; I'urtics ajfrcc to invite tbe aece-sion of the otber I'owcrs to Acrcwion
the present Convention. "f""""
' row«r>.
IneloMurc "J in No. .'i.'lJ
I ])e drawn as
Ellrarl from n Pimijihlcl nillllcl " Vin-smi Fishrrirs ol llir I'ai ifir Cniisl nml .Miixhn."
I'M-shfd l,,i ('. I). 1.(1(1(1.
IT is cininied that many seals are shot that sink and are bist, l.'ndoubtedly tliere
are some lost in liiis »av. lint Ibe ])('rcenlauc i> 'iulil. ])r<)li:ilily one in Ihirly or forty, not
niiire tii.iii this. Il is alse I'laiiiiiMJ lb:it Ion are sbnt ami wcmiidi tl lliat die to one Ibal is
si'iMiied. This is also an error. .Many seals are shot ai tlial are not liil al all. but wben
a >r.d is wounded, so that in the end it will die, ii is most always secured by the hunter,
hIii) may have to shoot at it several times in order to j^et it, as tbe seal in the water
e\|Hi>('s oidy its head, and when friLibleiu'd exposes only a small )iorlion of that, so that,
tniiothcr witli tbe cons'aiit divine; of the seal, the motion of tbe boal, ite.. makes it very
lianl to hit. This is >vbere il is ehiimeil tbal ien are shot and wouiuied to one that is
!-('(iirid. but it is nearer liie truth tint one is lost to ten that are secured, for tbe reason
tliit whrn a seal is wounded it eaiinot remain under waltr ai.y leU;;tb of time, and
tlicretorr tbe bu'.iler can easily follow il up ami secure it.
No. '527.
Coloiildl Oj/ice lo I'uriifjn Oj/lcc. — (/.'«•(• /((■(/ Mtii/ S.)
Sir, DuiiniiKj !<lnd, .\fiiii S, VSi)0.
IN re])ly to your letter of the ."itb instant, I am directed by Lord Ivimlsforil to
a('(|iiaiiit you. for tbe iurorination of the .Mnr(|uis of Salisbury, that he does not see nny
ri'asciii for fakini!; exceiilion to the proposal of the D.iminion Government tl.nt the
(jiiestiiiM of (be liability ol' the I'liiled Slates' Oovernnienl to pay compeiis;iliou in
ri's]ioct of tbe seizures in Beliriiijrs Sea should be submitted to two eminent .hnljii's
instead of tlie siiii^le jurisconsull pro]tos.(l by Mr. HIaine, if jjrovisicm is m:ide for
securing' a final decision in the e\ent of a dilfercMM''' of opinion bclueen the .Iud;;os
clio-i n. by a reference to an iiiii|iin' to lie selected liy tbe iwo .liuli;es hefore the .-irbitra-
tion is co'nnienced.
Willi reuanl to tbe (iiu'sti(ui lo bo submitled to tbe arbitrators, Lord Knutsford
Kduld su;;'ivcsl that Her Majesty's (lovernmeiil slioidil deprecate the e.n|iloymenl of mo
^a^iie and el 'stic ii term as "natural law." I am lo point nut. also, that Mr. HIaine, in
tlif cmiversation with Sir .1. I'aunccloie rei)orled in the latter's despatch of the
Till rrhiuary last, slated that no establisbe i principles o[' international law would be in
I'i-jHitc, and be wuuld piobal.ly obieci, tl.errf<re, to a spicifc relerence to international
■law.
Ii .'.]ipears to Leri! Knutsford also to deserve consider.'itioii whether .Mr. Tujjpcr's
I'rinosiil form of (piestion (hies not narrow rather than extend the taiii;;^ of acts tor
^^'liih Ibe I nited Stales should be li'di. r< sjioiisiMe, as it is ik;! initiossible that, by
iiiL'ciiioiis aifrument, the arbitrators niisbt be pprsu-uled tliat proceedings otiierwisj not
juslitiiihle were excusable under scune alleu:ed iloctrine of international law.
Lord Kuutslord is di-puscd, lbei<lorc, lo incfer the bro'.uler teinis of refcrenci'
si'fryestul by Mr. lilaine in the Meniorau<liim which be conimiinicaled to Sir. I. I'aiincetoto
111' the 1'tb I'ebiuiny la-l, iiamelv. wbi'iber, under the circiimslaiu'cs exisi i.;;' at tbe
line, the Inited Si.iies' ( iovernna nt was justitied in arrcHliiii;' and detainin!; tin' \essels
thai (iilered the I'lcbrinir's Sea for tin' jinrpose of kiliini;- fur-seals in the open sea. 'I his
«»iiM not prevent Her Majesty's (iovernmeiil from invokini;- tbe ]irinei|leH of inter-
raliuiial law against the United Stales' action, as indeed it is proposed to do in t'.ie reply
[i-.'sj " a N i»
mo
(o 1)1' ;;iv(.'Ti to Mr, lUiiine's iio(i> of the I'L'ml .raiiuary, M'tting; lorlli (lie Ljroiiiiils iipnn
wliicli he rcsls the jiistilicnliiMi iil' tlic si-i/.uics.
I :nii to olist'ivi', rinllicr, Uml Mr. 'riippor iloi'S not siiv in lii-< K'Ucr "lu'tlicr the
niiiiiiiiidii (iiiviTiimriii lire "illiiiu; tlml llic (nu-'tion ot" lliu aiuoiiiit of tlic ''anm::^;, in
•lif ivci.t of Mr. I'lliiiiio iiiiil Sir .1. I'liiiiici'l'ulc I'ailiii;; lo iii,'rc'c, slimild Ijc ri'lV'rrcil tn ilie
iirliitiMlor-- Id 1)1' .siOlm'Ii'iI In (IctiTMiiiu' till' (jiicslioti of tlu' liiiliility oi' lliu ['\\<\a\
liOiil KiiiiNr«)nl w.iiilil simi;i-.t, I'lir lionl S:ilisl)urv's consiilcratioii. Iliat Sir J.
I'atmci'l'ott' slioiilil lie (Ic^iri'd to coninuinicatc u'itli Mr. Tiipin-r as to tlu; iioiiits riiiM'il
in llii^ lotlor ln-forc .--iiliiiiillin!; tlio niatli'r to liic I'liiloil Slalcs' (lovcniiiiciit.
[ nin, &c.
(Sifriu'd) .lOIIN MK.AMSTON.
No. a'J8.
Tlic .W«(ry(/('.v of l^itUxliiiry III Sir ./, Piiiinci'Jotc.
(Ti-l.-rapliicl h'ornyii O/ficr, Mail S, IS'JO.
\VII.\T rei'i'ptioii lias .Mr. iilaiiic nivoii to tlie i>roposals einliodiiMl in tlio draft
Coiivciilioii for ri'trulatiiiir tlio IVdiriiifif's Sea fur-.sua) fisliurics wliicli was soiit Ininie in
your (lrsp,iiri\ of tlic L'Ulli ultimo ?
Ilcr M;iicsl v's ( JoverriiiK'iit would l)n u'lad to lie ki'pl iiit'oriucd liy tidoi;raph id' any
nihaiK'c ill tlu; ncifoi.iaiions.
No :'.-'<l.
>'//• J. Pniinrifii'r In thr Miir(ju!s of isiili.shiirii. —[Recnred May 8.)
(Tcdf-rapliii'.') M'asliinylon, May 8, 18%.
YOi'R Ijonl-.!dp"s ttdcKrani ol to-day's dale rcccivt-d.
1 will tido^raidi without fail as soon as [ rcccivo any communication from
Mr. Ulaiiic as to his vimv.s on the draft ( 'oiivcntiiui.
.Miliou^h ar i'riciidly as ever in inaiiiicr, li'j ha.s hitherto maintained iibsoliilc silence
on till' suhji'cf.
Would your I.,ordshi|) authorize me to inform liiiii tiiat you approve the draft, and
hope (hat it will lie aecei)te(l l)y the United States' Government?
Tlie desired infornuitiou may thus he elicited.
No. 330.
The Miirijiiis of' Sulixhui-y lu Hir J. Puuncofote.
(Tele^riai)liic.) Forolyn Office, May i), IS'JO.
I IF.WE received your tele-fram of to-day, and, in reply, I Lave to inform
you that you are authorized, if you think it advi.sahle, to inform Mr. RIainc that
Her Majesty '.s (iovernineiit approve the terms of tlie draft Convention submitted to liim
hy you for the regulation of the Bohring's Sea fur-seal fisheries.
No. 3!31.
The Marquis of Salisbury to Sir J. Pauncefote, — {Subntancc lehijvaphed.)
Sir, Foreiijn Office, Mai/ 9, 1890.
[ LOST no time in communicating to the Secretary of State for the Colonies copies
of your despatch of the 2iith ultimo, and its inclosure, relative to the assessment
of compensation ft)r the seizures by United States* ves.sels of liritish scalers in Behring's
Sea ; and I now transmit, for your information and guidance, a copy of a letter coiitainins;
Lord Knutsford's views on the matter.*
• No. 827.
ill
.\> it is very duNinililo that tlic m!;rotiiUi<ins now |ii'ii(Iiiit' slnml 1 Im l)riiii;;lit lo us
('!:lya (MMriiisioii as p.issililc, I (i'l('v:r:i|(ii('i| tin- snlisliinci' ot' tiu' ( 'uliniiai Odicc Ifldr lo
roil llii^ ilii.v, cl(■^i^ill;; vdii Id coiisiilt Mr. 'I'lijiiici' on its coiilciils lid'oic' ,i]i|iii>ii<'liiiij; tlic
Iiiiiiil Sliilc-,' ( lipvcriiiiiiMil in ic^iiinl to (lirni.
I iini, ^«'.
(Si^nu'(l) S.\l,|SHri!Y.
No. :'.:lL'.
Tlifi Munich of ^-nlisliiini l'> •''''/■ ./. Piimivfi.h'.
Sii lun-fii/ii ()ffii'\ M„i/ 10, |S',|(»,
I ll.WI'i leccivi'il your di'spnlcii of tlie •JlUli ultimo, covi'riii;; copy of a
iiolc ill uiiicli you sulpiiiiltiiii lo .\lr. niiiint' llic dnift foiivi-iition, wiricli 'las ln'cn
iiiipniMMJ \i\ till' (iove'riiiuL-nt of Canada, for tin' st'tlicnifut of tiio i)t'iirini;';i Sou Kislii-rics
(^lie-lion, as widl an a copy of tiio draft ('(Uivcntion itself.
The Icrnis of your note arc approved hy Her .Majesty's (iovcrnnjeut.
I nui, &c.
(Sij.ucd) s.\Msiu,'i;v.
.\o. :f:!;t.
Sir ./. I'diiiinJ'dIi' lu tlir M(ir(jiii.i nj !^illl.shi(li/. — {Hi'ri'lrrd Mnij I I.)
(Icli'^napiiic.) Washinrjton. Mmj 11, IMK).
WITH reference to my tcli!y;rani of the 8lli instant, Mr. lilainc! lias informed ine
llial lie ulll send me a comniuniealiou before itie end of (lie week, in \\liieli lii' will
cxpliiiii uliythc I'liitecl Slates' (iovernment arc iiiuilde to accept my draft t'ouveutiou in
it- present slia|)C. lie t(dd nn', however, at tlie same time, that he lliou^lit a iiasis of
iirriin^eiiient was ollered hy my proposal which he was in hone.s would lead to a scttlc-
iiit'iil (if the (|uusliuii.
No. ;»;}4.
Sir ./. I'liiiiirefoli' to llir Miiniiiis of Sdiisliury. — {Received Mm/ I 1.)
'Teli'trniphic.) Wiishinijion, Miiii 11, IXtd.
.\S t'l compensation for damaf;es referred to in your liordshiji's Icii'^ram of the
lull iiisianl. I have i)re[iared, after discussion wiih Mr. '{"upper, a draft .Arliitratiou Asree-
nu'Mt on the hasis of your Lordship's instructions.
Mr. '{'upper will to-morrow take a copy of it to Ottawa for the api)roval of the
I'lui.iiliaii (tovernment, and should his furtlier services he rctiuired iieie, will return
iniinedialely.
.\s soon as I receive the re]ily of the ( 'anadian (Jovernment, { will forward copy to
Jiiur hiirdship.
I'ropo.sal for arbitrators and umpire will be agreed to hy Mr. IJlaine.
No. ;*;3t>.
Sir .1. Pminrefote to the ^f(lr<lH^> of SnUshiirtj. — {Rereived Ma'/ N.)
ClVlc-raphic.) IVashlru/tnii, Mm/ 1 1, 1890.
M{{. TUPPER did not (eavc for Ottawft as stated in my telegram of tlie 1 1th
"I'^innt, Draft Agreement wa.s sent there by post instead of being talien {ly liini.
1K2
No. :«:«(.
Tlir Miiniuix of Siilisliurit to Sir J. Pnuncffole.
Sir,
I HKC'KIVRI) in diu' ooiiino your di-spalcli of llio 'J-Wd .In
Fori-iijn Office, May 22, 1h)K(.
lliclosllli' cni
of Mr. ISIiiinc's iinti' of \\w '.'•Jiiil ol llmt iiicitli. in answer to tin- prolcst niailc (in
iifliiiir ol Ik-r Miijosty'H <:(i\('rnnu>iit on llu- I'itli Oclolior last n;;aiuMt (he seizure
of Caiiailian vcsx'is i)_\ the I'liitcil Slati's' Hovi'imc-ciittfr " liiinli " if! Ik'liriii;;'> Sia.
'I'lic iiiiiiortiiiK'c of tlic Milijct't iKTOMsilntcd n reffioncf to tlic (JDVL'in'nciil of
Canailii, and sonic tinic daiisi'd lii'fori' tlicir rf|)ly rcaclu'd II(T Majt'ity's (ImcrnnuMit.
Tlic Mc;;otii>tions wliicli liuvc tal\cii |ila>'c lictMccn Mr. lilaini" and yoiirM-if all'.ird si,rii;r
reason to liopc tlmt tiic dilllridiics attcndini; lliis (|ni'stioii arc in a fair «ay towards an
Miljnsl'nfnl MJiidi will lie siiti»fiictorv to Itotli (lovcrnincnts. I think it ri;;lif. however, to
s of Her Majesty's 'lovcriiinenl on lli
phice on record, as hrielly as possilde. the view
prii\cipal .•iriTiinieiits liroiiulit forward on hidialf (d' tlie United Slates.
.Mr. Blaine's note defends llie acts coniplaiiied tif iiy ller Majesty's (Joveriiiiieiil
the followi
iiL' uroiinils :
1. 'I'liat 'Ilie ('aiiaciiaii ves-cjs ariesti'd ami detained in the Hehriiiy;'s Sea Hire
en^^ayed in a pnr-nit that i> in itself vnntnt liniio^ ninrcs a pursuit which of nei ilv
invoU
es a seiloii-: ai
the United Siatc'
pertnaiiciit injnry in tin- riirhts o) tlic (!ovcrnincnl and pi
: . That the fisheries had heeii in the nndislurlied possession, and under tlic exelibiti
contnd. of Uiissin tVoni their diseoverv until the cession of .Maskii to the riiilcd Siutc
in I><i7, and tlial I'roni this d;it<' oi
iwariN I
nilii I'l^ii tlicv had also rcinaiiied i'l llio
turhed possession id' (he I'nited States' Covcrninent.
.'f. That it is a fiic' now held heyond dcMi;il or doiihl ihat ilic lakinir of scmI- in tlic
open sea lapiilly leads to tip' cxtiiietion of the siiecics. and tlia' tliercfore niitii)i>< M"t
posscs-in:; the Icriiiory n|ion wliicli -eiiU can iiu'rciise llicir nninlicrs hy natural irro«ili
HJioiild rcfniin I'niin tl
ic
lull:
;ht
Mr. Idait
I lilt her ar^iii's
er ot them in the <H)en sea.
it the law <d' tile sc.\ and tlie lilierty whieh it I'Oiili'
do not jiislifv Hci, which are inii.ioral ni tjicniselvcs, and whieli inc\itaidy tend to rc-iii!
n;.fainst ilie interest-- and against the widfare of imnkind ; and he proceeds to ju-tifvlli
foreihie resistance rf the I oiled .States' (jioveniinent l)V the ncccs«itv of defeiidiii!: im
(inlv tiieir own
tiadili
loiiir-c»tal/lisiied riijhts, hut also tln> ri;;lits of i;o(Pil m
mill ot nood ^ovcrnlnent Ilie world ovi
lie
that while the IJiiiied States
not withhold from any natiii:i
priv
ihicli they demanded for theinst'ives when Alask.i was p.irt of the h'li'^-ian
Empire, ihcv are not illsposed to I'xereise in the ])osscssions aeipiired from
less ])»>wcr or aiilhorily than they were willin;;' to cu'ieede to the Imperial lio\
Hnssia "hen its .sovereijinty e.stemled over them. lie claims from friendly im!i"ii< a
liii>-ri iiin
ivcrnnii'iit of
reco;;iiitioii of the same rie-hts and ])rivileL:es on the land
in the waters of A'.isk
liieli the same friendly nations always eoncedeii to tin- l''ni|iire of Jjiissii;.
Willi reeari! to the lirst of these ari'inncMts, iiainelv , that the seizure of the ( '.timiHan
vessels ill the iii hrini^'s Sen wns instilled hv the fact thai thev were " en
thill is in itself i-< nlrn hr
i:a:,'ed
111 a |)ii
IMIlt
,v — n ]iiirsnit which of ncee-;sitv involves a serious am:
periiianeiil iiij'iry lo the ri;;hts of the IJovcrnmeiil and people ot th' I'liifed .'slalc
it is oh\ioiis tliat two (|neslioiis iire involved: lirst, whether the piirsiiil and killniu' ot'lur'
seals ill ei'it;:in |iarts of the open sea is, from the point of view of intenialio'.ial ni<i
rn olleiiec viinlni honos nniri
and secondly, wlielher, if siieh he tlio case, this tiict
jn-lilies the seizire on the hi^h seas and siil)se(|iieiit confiscation in lime of peaci? i
privalo vessels of a friendly inlion.
y. till'
It
is an axiom of international maritime law that such action is only adiiir
in the case of piracy or in puisuance ot sticeial international aurecment. ii"''
versally alniilted hy jurists, and was very distin-lly l^iul
principle has i)een universally alniilted hy jurist
do^ii hy I're idciil Tyler in his Special .Me>saee to (
1.^4:', when, al'tt^r acknowledLiirji' the ri:;lit to detain and search a ve-sel on snspiiiii'i "t
ontire-s, I
ated 11
ail !■■
elirilirv.
1"
racy, lie uoes mi to say
With ih
nnv aiitluMilv Id
detii
tl
is sin:;le ex(;ejilion, no n;
le shi|)s ot am
jr inion the hii'li se
las, in lime ot ])■•
IS. on any jii
n'lexi
whatever, outside the territorial jnrisdietion
Now, the puHiiiit of seals in the open .sea, under wlintc'ver circnnislanees, Ins
lU'ilT
hitherto been considered as piracy hy any civilized State. Nor, even if the Unili"
States had '^ona so far as to make the killinjf of far-seals piracy hy their iluniciiiai
• No. •2',i.
469
ovcrimiiMii nil
their MunicilKil
law, would tbiH hnvc juHtitiod them in ])unis)iing utfcnccH iif^ainHt hucIi Law conimitteJ'
bv any piisonH other than their own citi/.cnH oiitHido tiio torritorinl juiisdictiim of the
I'nilril Slalc-i.
Ill till- oasc of th(> Shivi' Trade, a iiracticc wliirli the civili/A'd wmlil has a;jried
til imik iiiHiii with alihorrcnce, the ri;jht of arieKtiii<; the vessels of annlher eoiintrjr
is i'X( rri-eil only hy '•pccinl international n;ireenu'iit, and no one (Joverniiient lias heen
nlliiiM'iJ tliat ueiierai eotiinii of nimals in liiis re.spect whicli Mr. lilaine ehiiinM on hehulf
(it ilic I'liil'il Slates in rcvtaril of seal-liuntini;.
Kill lier .Majesty's <ioveiniiienl must (|iicstioii whether this |iiirsiiil can of ilsi'if
ti|. ic-iinli'il as rnulrn Ihiuoh iiniifs, unless and until, for special reasons, it has heen
ai.'ii'>i| li\ iiilernatioiial arranu'eineni to torhid it. i''iir. seals are inilis|pulal)ly aniinaU
frrrr ii'iiiiirr, iiiiil ihesi; iiave universally heen re;;arde(l iiy jurists as i i:i iiullins until
llicv me c.uii.'lil ; no |pcrson, therefore, ean have proiuriy in lli'iii iiiiiil he has aetiially
roiliii't'il lliiiii iiilo possession hy capture.
It rtif.iires soinelhin;; more than a more declaration that nv (Jovernnu-nt or
ciliznis of llie I'nited Stales, or eve!i other countries interested in the seal tr.ide, are
liKcf li\ a eerlain <'ourse of proeeeilin;;, to render that eoiiise an in. mora! one.
iiir .Miijisty's (iovernnient would deepl\ ie;;itt thai the i i>uit o fur-.seals ■ :i the
lii;'li "cas li\ Ihitisii ve-sels should involve even tlu- s]ii;hi . injury to lli" people of
till- I'liili'd Sli'l' t. ir till' ea:-e he proved, tlu'y will lie re.idy to eonsiiei- what measures
01111 lie pi..,i 11) taken foi the remedy of such injuiy, hut they «i ' ! he iiiiiilile on
tlml ;;roiiinl lo dejiart froin n principle oi' which tree conn- .'e mi the liij^h seas
; nils.
The seciind ary;uinent advanced hy Mr. liliine is that the " I'li -seal (isiieiies (if
lli'lirinii's Sen Imd lieen eNchisively controlled hy the (ioveinment of Uiissja, without
iiiliriereiice and without (|nestion. ftum llieir oriy;i!iiil discovery until the cessimi "f
.\l;i'ka III ll:e I'nited States in l«ii7,"iind that '• frnni ]'"'>t to l.^^.sir. the possession,
iii«lii('li Uus^in had heen iinilislurhid, "as enjoyed hy the I iiited States' (iovi'rnnieut
:iKii Hitliiiiii interruption or intrusion from any source."
I will I'cil with these Iwd periods sejiarately.
First, as to the allefjed exclusive nionopdly of liUssia.
ii>laiiee of the Ifussian .\n.eriean Kiir t'oiiipnny, elaiiiied in
I'liiiiiiuree, whaliiif;, and lisliinu' fic;;. Iteliriiiu's Straits to the
liitiliiile, and not only )>roliiliiled all foreie'ii vessels tiom lardioir on tlie coasts and
ijliinds (it the above waters, hut also ])reventetl them from apprimcliin;^ •..iiliiii lUd miles
tiieriof. .Mr. t,himcy Adams wroti' as follows to the United States' .Mitdster in Russia ; —
"Til" United .States can admit n() part of these claims; their ri^lit of navi^^allon
ami lisliiiiu is perfect, and Iips heen in constant exercise from the earliest times iliroii;;hi>ut
ilii' Hliiile cxient of the Southern ( k'ean. suhject only to the ordinaiy exceptions and
cxcliMiiiis (if the terriiorial jiirisdic tions."
'Iliat the riffht of tishinu; thus asserted included the rishl of killing; fur-hearing
aiiiiiinls is shown hy the case of the I'nited Stat<'s' hrii^ '■ Loriot."' That vessel
[iriReeded to the waters over which Itussia claimed e.\clusive jurisdiction ft>r the
[iiiriiose of huntiiiij the sea-otter, the Killiiif; of which is now proldhiled hy the United
Stales' Stutiites applieahle to the fur-seal, and was forced to ahandon her voyage and
li'iive the waters in (jucstion hy an armed vessel (d' the Uu'-sian navy. ^Mr. Forsyth,
«riiiiii; on the case to the American Alinisler at St. I'etcrshurj^h on the 4th May, l!;37,
saiJ ; —
"It is a viidation of the ri<;hts of the citizens of tlie United Stales, iiiinuMnorially
exorcised ami secured to them ns well hy the lav of nations as hy the sti])ulatioiis o*' the
ht .\rlule of the Convention of 1S24, to (ish in i .)se seas, and to resort to the coast for
tk' ]iiiweeuti(iii ot their hii^lul commerce upon points nut alici'ily nceupied."
I'mui the speech of Mr. Sumner when iiitroilucin;,' the tuestion of the puieliasc
ut Alaska to t'on^iess, it is eijually clear that the United States' (iovernnient did not
rtgiird themselves as piircliasiu'.i a monopoly, llaviiifr dealt with I'lir-heariiii;; animals,
Iw Went on to treat of fisheries, and, after alluding to the presence of dilleienl species
tjl wiiales in the vicinity of the .Meiitians, said: •','So sea is iio'v iniirr rlniisiim ; all of
jlic'so may he pursued hy a ship under any Hag, except directly on the cuasl or within
it> tfiriloiiiil limit."
I niiw eome to the statement that from 18(!7 to |J*~ti the iiossessimi was enjoyed
") llii- I niicil Mates with no iiileini,.tiou and no inti usinii irniii any soii'ee. Her
"ajtstv's Go-einment cannot hut think that .Mr. I^Iuine has heen mi-iiilonned as lo
'111' lii^tdiy of ilio operations in Ueliring's Sea during that period.
The instances recorded in ludosurc 1 in thks despatch are sultieieiit to prove, from ■
Aft.r Russia, at the
Isiil the pursuits of
olsl (hyrree (if north
464
otticinl Uiiitoil Stiitcs' .sources, tlint from 1>*G7 to 18«0 Jiritisli vessola were uii^'ased at
intcrval> in the i'lir-senl tislierios, with tlie connizanpe of the United States' Government.
I will here, by way of exiiniplo, (luote hut one.
In 1h7- f'oUeetor I'hi'ips rcijorted the llttin<>;-out of ex])e(lilioiis in Austraha iin.J
Victoria for flic pmpose of lakiii;;' souls in I'ehrinii's Sea, while jmssin;^ to and iiom
tlicir rookeries on St. I'anl mid St. t!eor!>(' Islands, and reconnnended lliat a .stcnm-
cutter sJKinld he sent to ttu- rei;iiin of Oiniiniak I'as-. and the Islands* of St. I'iuil iiml
St. (Jeorne.
Mr. Secretary Itnutwcll informed liini, in reply, tliaf he did not cimsider it e \peiliint
to send a cutler to interfere with the o])crafions of foreiuners, and stated, '• In ail'litinii,
1 do not .sec tliat the United States woidd have the jurisdiction or power to drive oil'
parties .ffoinj;' up there for that pur])ose, unless they made sucii attempt within ii iniirinr;
league ot the shore."
IJefore leavinrj this part of Mr. I'daine's ari;umcut, I would alluile to hi.s remark.
that '• ves.sels from other nations passinj;- from time to time throuuh Mehrin^'s Sea to the
Arctic Ocean in pursuit of whales have always abstained from takinp; part in the cajiturc
of seals," which lie liolds to be proof of tlie reeoa;niliou of rij^hts held and e.xercisal
first by Russia and then by the United States.
Even if the facts are as stated, it is not remarkable that vessels pu.jhinu; on for the
short season in wliich whales can be captured in the Arctic Ocean, and being tilUnl
specially for the whale li.sheries, nep;lected to carry boats and hunters for fur-seals, or lo
en>>auc in an entirely difl'eront persuit.
The whalcr.s, moreover, pass throuKh Hehrin;j's Sea to the fisliinu-urounds in the
Arctic Ocean in April and May as soon as the ice lireaks up, while the y:real bulk of tlic
seals do not reacli the I'ribyiotf Islands till June, leavin;;' ajifain by the time the closiiii;.
up of the ice compels the whalers to return.
The statement that it is '-a fact now held beyond denial or doubt that the (akin;
of seals in tlie open sea rajiidly leads to (heir extinction" would admit of reply, ami
abundant evidence could be adduced on the other side. Hut as it is proposed that this
part of the <piestion should be examined by a (_"oniniittee to be appointed by the tmi
Governments, it is not necessary that I should deal with it lierc.
Her Majesty's Government do not deny that if all sealino- were stopped in Helirin^i's
Sea except on the islands in possession of the lessees of the United States, tli:' sea!
may increase and niulti])ly at an even more extraordina;y rate than at incKent, and tlit
seal fishery on the islands may hecouic a monopoly of incrcasiui;- value ; but they cannot
admit that this is a sulticient j^round to justify the United States in forcibly deprivlnjj
other nations of any share in this industry in waters which, by tlie reconni/ed hw
of nations, are now free to all the world.
It is from no disrespect that I refrain from replyin;; specifically to the subsidiary
questions and arguments put forward liy Mr. Blaine. Till the view.s of the two Govern-
ments as to the obligations attaching, on grounds either of morality or necessity, t"
the United States' Government in tliis matter, have been brought into closer liarmonj.
such a course would appear needlessly to extend a controversy which lU-r ^lajcsty's
Government are anxious to keep within reasonable limits.
The negotiations now being carried on at Washington prove the readiness of Ho:
Majesty's Government to consider whether any special international agreement is
necessary for the jirotcction of the fur-sealing industry, in its absence they are iin.iblf
to admit tliat the case put forward on 'oehalf of the United StTtes affords any siillicicnt
justification t'or the f>rciblc action already taken by them against peaceable subjet'ts o!
Her 'ilajcsty engaged m lawful operations on the high sens.
" The President," says Mr. Blaine. " is persuaded that all friendly nation.^ will
concede lo the United States the same rights and privileges on the lands and in the
waters of Alaska wliicli the same friendly nations always conceded to the Hmime ot
Itussia."
Her Majesty's Government have no difficulty in making such n concession. In stiicl
accord with tlie views which, previous to the present controversy, were consislentlv
and successfully maintained by the United States, they have, whenever occasion arose,
opposed ail claims to exclusive privileges in the non-territorial waters of Belirings Sea,
The rights they have demanded have been those of free navigation and tishiiii; ni
waters which, previous to their own acquisition of Alaska, the Uidted States declared to
lie free and open to all foreign vessels.
That is the extent of their present contention, and they trust that, on consideration
of the arguiuents now presented to them, the United States will recognize its justice
ami moderation.
46r)
I have to request that you will read this despatch to Mr. Blaiiu', and leave a copy of
it with liim shoidd lie desire it.
[ am, &c.
(Si!<iied) SALISBURY.
Inclosxirn in No. 'MW.
Memorandum.
IN 1S70, Ci)lh!ct()r I'hdiis reported, "The harquo ' Cyaiic ' has arrived at this jmrt
(San Francisco) from Alaska, haviui; on board rorty-seven seal-skins." (Sec Ex. Uoc.
.Vn. «;i, nth Congress 1st Session.)'
Ill l^'T^, he reported expeditions littiiiL; out in Australia and N'ietori.a Tor the
|iur|ii)se ol' taking: seals in HehriiiL^'s Sea, and was informed tliat it was not expedient to
intcrrere with (hem.
1)1 1^71, Aetiii'.^ Secretary Sawyer, writing to Mr. Elliott, Special .V^eiit, said : —
" It haviiii; been oflieially reported <" this Department by the Collector of Customs
at I'liit Townsend, from \eea-ah JJay. that Uritish vessids from V^ietoria cross over
into American waters and engaijc in takinij; fur-se;ds (which, hi- represents, are
nniiii;iily becomiiiL,' more numerous on our immediate coast) to the great injury of our
scald's, hotli whiti! and Indian, you will !j;ive suidi jiiopei- attention to the <'xamination
of (lie subject as its importances may seem to you, after careful iiKjuiry, to demand,
mid with a view to a Keport to the Dep.irlment of all facts ascertained." (Ditto,
.May Itli, No. 117, p. 11 I.)
Ill 1^7-"), Mr. .Mcrlntyii', Treasury Au'cnt, described how "before pii)ce<'diiig to
liaisli iiieasures" he had wariiid the Captain of the '"Cygnet," who w.is shooting
Mollis ill Z,i|>adnee |}ay, and stated tlitit the Captain appeared astonished that In; was
iiivakiii- the law. (i)itto. .March l.")th, Is7r), Xo. VM), p. 12i.l
111 I'^^^O, the fur-seal trade of the iJritish Columbia coast was of trreat importaucc.
Seven vessels were then eii;;.igcd in the lisliery, of whicdi the fji'catcr number were, in
I'-sii ;iii(l 1SS7, seized by the I'liited States' (Jovernment in Jiehrinu''s Sea.
Ill 1HS|., I),uii(d and Alexander McLivui, both Hritish siibject>i. took the.\merieau
seliiidiier "San Diego" to Behring's S(,'a, and were so successful that they returned
llii'ic ill l^s."), from Viidoria. with the " Mary Kllen " and the " Favourite '
No. -.VM.
and iiistruc-
le Ciiilcd States" Reviiuic criiizer
•S/c J. PillliKyiiili; It) thi- Miirijui^ o'' Siillsliuni. — [li'-cfiri'd Mini "2 t.)
ri'li'irraphie.) Wnshiiiijton. Mtnj •>.2, lh!)(>.
A STATHMHN'1' iippeais in the newspapers lo-day that after a Cabinet Council,
Ill-Id 111! Tuesday, it has been dei'idcd to reject the i'.ritisii counter-inoiMisal
tiiiiis liiive beep issued to the olfu'er cominaiidin'.; the I'nilcd States" Rei _.
'liiar,' now ly^n;;- at Sealtb', siuiilai ^> llio>e of la>t year. Hith oue ''xciption, viz., that,
instead of capturing, she i.-. to disnianlic all ves>eK b)und sealing in Behiing's Sea, and
to sfize their log-l)ooi\s and skins ;i> evidence in ease of judicial proceedings being
taken,
1 »i lit at once to Ml-. Bhiitie, "ho did not deny these stiitenients.
I reinoustrated against the piildie.ition of such news before he h;id returned any
ri'|ily to (lie pr iposals of llcr Majesty's < iovernuii lit, and against the issue of such
iiistriiclidiis while ne^oiiatiotis are ])eiicliii!.'.
Ill reply, he said that the jiress could imt he controlled; that his answer was
ili'luyed in order to return a j"iiil leply with IJussia ; that our dratt Cmiveutioii was
•l""!' iiiadecpiate to the u(>eessilics of the case. Me inveighed ,'igainst the words of
VriK'le \ I, which purports to prc.scrihe regniutions on land, and urged that, as there
«"ukl he no seals without the seal islands, the ]»ossession of those islands gave the
Iniled S.'aics special rights on the open sea, in order to I'uahle them to protect the
s;x'i'ies. The Lnited Slates' (iovernir.ent would never admit that, as regaiils the seal
lisiioiv, tlie rights ot (ireat ISritain in Behring"s Sea wire eepinl to their own. Nothing
"lioit of the total e\idii~ion of scaling vessels during the sniiiuier iiiouths, in which we
|ini|)iiM.il to leave the lishci'ies opui, would -iitisty tliein.
strong! v insisted that the
L128J '
round of discussion was the [ireservation of the
4M
seals, reminding him of his ussurance at our last interview that the draft offered a basis
of reffotiation.
lie rojilied that on thnt occasion lie had in his mind the (|iicstion of arbitration, but
ho did not tliink \io would over agree as to the form of (jiu'stions to ho suhniittod t»
arhitratioii,
I will not cense to press Mr. Klaiiic that our proposals may receive a formal reply.
No. 338.
Extrartfrom the ' Morning Post " of May 23, 1«90.
TnK Behuino's Ska Fisueries.
[Keuter's Telegram.]
.NVi/i York, May 21.
THK Unitt'd States' Revenue cutter " Hear" has been (irdered to cruize in the
Belniii<>;"s Srn for the i)r()t('<'tion of the seal Hsheries, with instructions to seize anJ
dismantle :ill vessels found violatioir the Statute, in order to deprive them of the means
of its further violation. The vessel is also ordered to seize the logs and skins on board
vessels found illegally (isliing. and to preserve them as evidence against the offending
persons.
No. 339.
VVic Mdrqwx of Salistntry to Sir ■}. Pnuncefote.
(Telegraplii<\) t'orritjn Offict, May 23, 1890.
THIS tnorning's newsjjapers contain a puragrapii which states, in substance, that
the United States' (iovernment have instructed some of their ships of war to proceed to
Behriuir's Sea, with orders to take su<di steps as may be necessary to prevent the
merchant-vessels of other nations from |)ursuing their calling as fur-sealers in non-
territorial waters.
The connnunications made to you by .Mr, Secretary iilaine, as recorded in your
telegram of the 2'ind instant, give a general confirmation of the statements of the
press.
I have to instruct you to int'orni the Secretary of State that a formal protest
against any such interference with British vessels is now being prepared, and tliat no
time •ivill be lost in forwartiing it to him.
No. 31.0.
Sir J. Ptiunrffole In the .\/«7(/ia.v of Stilixliury. — (Rereivi'd May 23.)
(Telegraphic.) Wfi.shinyton, May 2\ 1890.
WrrH reference to your Lordship's telegram ol to-day's date. I have addressed a
note to Mr. Blaine, as instructed by your [jordahi]).
No. ail.
Her .M;i
»cas as I
The'
plTH'-sleii
n()\i l)('i
tisllcrii's.
llci
[irotrsl f,
iTiii/,i'r>
L'mtnl
')f III.',-,
I
ar
Mr. Ida;
ur iv>tri
imuocesM
The Marqi(i>' of Salisbury to Sir J. Paimcefote.
Sir, Foreign Office, May 24, 1800.
YOU will receive by this mail my despat<'h of the 22nd instant, replWn;'
to the argumeuts urged hy Mr. Blaine in his note of the 22nd .lanunry last in
defence of the seiziin! of Cnuudian vessels by United States' UeToniie eruizeni in
Behring's Sea.
Those arguments 'ver<' not siudi as Her Majesty's tloveniment could admit to he
valid according to the established principles of international law, or suflicient to justify
the acts complained of. The reply has liccn for some time in (h-aft ; hut Her Majesty s
Govorninent wci'c unwilling to introduce any unnecessary elnnuMit of controversy into
the negotiations in which you iire eugageil for the friendly settlement of the whole
Till'
l'll')li|llllc
•Hr. Hl;ii,
Her
Milt ices \\
'■'Jllliniiei
Li
fered a basis
467
qiifstion. 1 had, thcrcfoiv, tlioufjht that a cortniii dolay in the proscntntinn of tho
ilespatoh would not ha disadvaiitaf?<'ous.
Tlii'ilitflli'Tencotiontaiiiod in your tclci,'i-!ini.s of Uk; 2'2n(\ instant as to tlic dispatch
of liiitcd Stat<'.s' crMizcrs to Hclirini^'s Sea, and tliii instrnctinns witli wliicii thfy
an' iinividi'd, rt'iidcr it necessary (hat the coninnniicMtioii slionld n<> Ioniser lie deiayecl.
I iiave Mcc(>rdini,'ly to recjuest tliat you will at once place a co])y of it in Mr. Hiaino's
liaii(N.
I shall forward t(j yon, as soon as its terms have l)een api)rove(l liy the Queen and
tlic ('al)incl, a iornial Protest, to he delivered to Jfr. Ulni'ic, a[,'ainsl any such
interfi'iTuce with British vessels outside the territorial wiiters of the llnited States, as
apjx'ars to l)e contcmplat(}d in the instructions just issued. T need not s;iy that it
ndiilil lie a cause of sincere satisfaction to Ilcr ,M;»jcsfy's (jovcrnmeiit if a consideration
of ilie arirumcnts advanced in my des|>atch. and of those with whic-h you \\ill lie abl(>
to -ujipli'ment tlieni, should induce the Government of the I'nited St.ates so to liruil
the action of tlieir criiizers as to remove the occasion for such a i'rotest.
I am, 6if.
(Signed) S.iLISBl'llY.
No. 31,2.
The Mai-i^uis of Salishuri) In Sir J. Pauncvfnte,
Sir, VwKjn Office, May 29, 1890.
1 l!K(.'l^l VKl) on the 2.'ird instant, and al once suhniitted to the Queen and
the Cahinet, your telcirranis of tiie previotis day, rejiortini; the instructions issued
to the tJnited .States' Kevenue eruizers in Hehrinu's .Sea for the approaching,' tislu.'ry
^casein.
.\cc(inlin^ to accounts fi[iveii in the j)re.ss, the acciu'acy ol' which is not denied
hv Mr. lilaine, these instructions are similar to those uiidc)' which Canadian vessels
ni'i'L' sci/ed last summer outside the territorial w.ncrs of tlic I'nitcd States, with this
e\i'r|iti(iti, that, instead of capturiny: vessels found sealiiii; in Ucliriiii^'s Sea, the
unii/.i.'is are to dismanth^ such viissds, and to seize their loL'-liooks and skins as
eviiieiice in case of judicial proceedings.
i'liis modilication, it is unnecessary to say, in no way removes tin- ohjections of
Utr .Majesty's (iovernmcnt to such interference witli Uritish vessels on th(! hi^jh
seas ii> lontrary to international law and the practice of civilized nations.
Tlicy di'epiy re^Tct this decision of the United States' tiovei'nment, as likely, if
pt'i'jisteii in, to iiroduce the most serious complications, ixwA In i'rnstr.ite tlic efforts
nnH hi'liii,' made to arrive at an ai;recment for the proper ]notection of llu' seal
li»liiri(s, and the settlement (d' the i|Ucstioiis eomicct' d tiicrewilh.
llcr .Majesty's (ioverimiiMit hiivo no alternative, under the circumstances, hut to
[iroti'M lurm.'illy and si.lcmidy against any interferc'uce on the part of I'nitod States'
criiizcis with Jtritish vessels naviifiitinij outside the territorial jurisdi'lion of the
L'niti'il States, and to leave to the United States' lioveininent the responsihility
of tlj(> ei)nse{jui'nces if that protest is disre^ardeil,
1 aecordinijly incdose lu vwith the draft of a note which you w ill address to
Mr. Iil;i;ne if you should ui\rortun;it(dy find that there is ik) intention of sc inoilifyini:
ur it'>tiictinit the action of the United States' eruizers as to render this step
unuucessary.
I am, &e.
(Signed) SALISBURY.
IncluBuro iu No. .342.
Draft of Note In lie addresned la Mr. lihiinr.
TIIH Unilersiu'ued. Her Ihitannic .Majesty's Knvoy liMraordiniiry and .>rinister
l'li'iii|i(ilentiary, v^ic, has the honour, hy instructions of his (io\ crnnieiit, to make to
•Ur. I!!aine. S "tary of State, itc, the folhiwin;,' coinnumie;ilioii :
Her Hrila.iin'c Majesty's (Jnvernment have learned with irreat concern, from
witiei's »hi(di have appeared in the press, and the ifcneitil aceunicy of whiidi has heen
cjiilirmcd hv Mr. Ulaiin''s stiitoments to the Undersiu:ned, that the {lovcrnnicnt of the
Li2bj a o 2
408
United States liave issued iiisliiicl idiis to their JJcvciiiie eniizers aI)out In lie
dispatclied to HeliviiiLj's Sea, under « iiieli llie vessels of ]5ritisli subjects will again Ik
exposed, in the prosecution of their ieiiitimate industi'v on the h\<^\\ seas, to unlnwl'iil
interrerenee at the hands olWineriean ollieers.
Her Britannic Majeslv's (lovernnient are anxious to co-o]ierate to the riillcst
extent of their povscr «illi tiie (iovernmeiit of tiie I'nitcd Slates in such mefisures a>
may be I'ound 1o be expedient lor the protection of the seal tl'-licrics. They are at the
present moment ennaged in exaniinim;, in concerl witli the (|o\crnment of the Ijijtcd
States, the best method of arriving at an agreenuMit u[)i)n this jxiint. ibit tiiey cainiot
admit the riu:ht of tiie liiited Slides of their o>\ n sole motion to restrict for this iinrjiosc
the frec<loni of naviij;ation of liehi'inir's Sea, ^vhich the United States have tlicmschc?
ill former years eoiivineingly and successfully vindicated, nor to enforce llu'ir
municipal legislation aijainsl British vessels on the high seas beyond the liiiiii> di
their territorial jmisdiction.
Ilir Hritaiinic .Majesty's tjoverinnent an.' therefore un;ilile to pass o\('r willioiit
notice the public; anuounccnient of an intention on llic part of the tiovernment of tin;
United Stati'S to i-encw the acts of intcrfei'cnce with British vessels na\igatiii^'
outside tlu! territorial waters of the United Stales, of which they have; previously
]iad to complain.
The Undersigned is in conse(|ucnce instructed I'ormally to jmdesl against siicli
iuterferciice, and to declare that Her Britannic .Majesty's (iovernment nuist hold the
Government of the United States res])onsible for llii' conse(|uences that may eiiijiii'
from acts which an.' contrary to the established priin'i|des of international law.
The Undersigned has the honour to renew to ^Lr. Blaine the assurances o! his
Lighest eonsideration.
No. 3 13.
Sir J. Pavncrfolr tn tlii' Muriiuiit of SnlinhiiTy, — (Received May 31.)
(Telegraphic.) Wdshiiujlun, Mini 30, 18'mi.
I RKCEIVKD last night from the Secretary of State a long note, copy of which I
have sent by bag to-day, on the question of the negotiations for •,\ dnvc seanon in tlir
Behring's Sea.
The note commences by a protest against tiic course alleged to he pursued by ilcr
Majesty's Government in "authorizing, encouraging, and ]ir()tecting "' British ves.-i'l>|
who. it maintains, are interfering with ihe risht-- of the Uniti.'d Stales and those of the
wliole civilized world by taking seals in that sen.
The history of the negotiations for a close season fiom llieir commencement is
reviewed in the note, which then goes on to inveigh strongly against the change of
position taken by Her Mnjesly's Government in the negotiations, which change, the
Secretary of Statu maintains, has been brouglit alxiut by \\w " interposuion of Canada."
Mr. Blaine then points out that the nrrangi'mcnts which were jjroposcd in ISH;- iclntiu'
to a close season, and those which were j(:(jposed in the dial't ("onvcntion, nuht hi'
considered to he '• in significant contrast." Moreover, the hitler are. in the oiiinion nl
the United States" Government, (|uitc inadecpiate to protect the rights of the rniloii
States in the UeliringV; Sea. They are eijually insufficient for the |neservalion ot
seal life.
The United States and Ihissia have consei|uently no other ennrse but to rejoct our
proposals. The negotiations will, however, be cdiitimied by the United States' (Imoni-
inent in the hope that a satisfactory agreement may \w arrived at, allliough it is toi. Intf.
the note says, for the ajjplication of any result, which may he reached, to this sen.^oii
Mr. Blaine maintains that tin- res])onsibility of the delays which have occurred cannot ln'
laid to the charge of his (iovernment.
The note contains at Ihe conchi-<ion a proposal on the part of the Unit'jil Sliik'>
Government that with the view of avoiding any interrnption nt' the negotialKins \>yM}
"untoward event-^." all British vessels shall he prevented by Her Majesty's Govcrnnionl
from entcrinit the Behring's Sea.
I(i')
\(.. :'.ll.
'//('• Mnrijuis (if Siillsliiiri/ In Sir ./. I'liiinci'/olf.
(Tolcirivililiic.) Fi.rel(/ii Offirr, M,ii/ 31, 1800.
IN ii'|)ly to joiii' toloiiifim of llu.' oOtli iiist;iiit, I liiivc to stale tliat it is imijossihlc,
(111 u:roiiK(ls luitli of law and of jiolicy, for Ifcr .Majesty's (I'Dvermneiit to accept
Mr. Hlaiiie's sai^ircstion tiwit Jiritisli .soaliiii^-sliiiis slioulil he forliiddcn to cuter
the UeliriiiLr's Sea.
against sudi
iiisl liolcl till'
it may ensue
aw.
ir.uieo of lli^
Ao. :J15.
.*>•';> J. Piiiiiiretol" to the Mai(iuis of Siilinhiirii. — {Rcccht'd Jiiitc '■^.)
My l-niil, Wiishinijloit, Muii 2:J. 1800.
WITH reference to my teloiivnin of yesiord.iy's date, 1 have tli<' lionour to
imi'Si' lii'iewitli exiiviets from llie '• .New Turk Uemld " and iIk; " New York Evi'niiii;
Fo^t " relative to tlie instriielions n'iven to tlie Itiveniie cutter "Hear," and to the
rqiert that tlie Cabinet had deeided to I'ejecl the ISdirinLr's Sea jiroposal.
Voui' Lordship will observe that in the aeeonnt of the alle;^ed interview with the
convsponileiit of the " Evenii i^ l^ost," the Secretary of the 'I'rensury is reported to
ImvtMlcnied ever Invini; seen tiie Uritish ])r.i[) isal, wliich throws sonie doubt iij)on the
slatenient in the " Herald," that the (,'ahinet had refused to accept the ])ro]ios;il.
I have, ite.
(Signed) .irLlAX PAUNCEi-OTE,
Inclosure 1 in No. 3 15.
Extnict from Ihr " Xew Vorl,- Erriiiiu/ Past" nf Minj 22, 1890.
TiiK iiKiiitrsiis Sr:A <^i:i:srioN.
iiniencenient is
the change of
'h chiiiisc, the
on of Cnimila."
n 1S88 rcliitive
ntinn, iiubt lif
tlie opinion nt
of the rniloii
preservation u!
tit to reject our
States' Giivorn-
;h it is too Inte,
to this seiison.
irred cainot k
. lliiili'd Stiiti'>
itiatiiiiis liy iim
t's (loveriiiiu'iit
What Srcn'liin/ 11
I ml nut .v«i/.s- n
t II Ciirri'iil Rrporl.
[Speoinl Despatch to the '• l-^vi
I'o-t."]
U'lishiiKjInii, Minj !.'•_', I •^OO.
SIXKI'.TAliV WI\D'\M was asked this niornini,' what truth there was in the
tcleijraiilied iVtnn here last nii;;lit, that he had tnkeii a decisive stand in the
L'nLinet nieetins^ yestei'chiy aiiaiust the acce[itanc<( of the iJntish Behriii'.;'s Sea
iniposal.
l"'"l
I h
i\ • n
llie imlii'tnienl.
ot read the dcs])at
Did vou aiithori/.e llu? slateii
,' lie .iiiswcrcd. •' I coiiseijuenlly cannot |)load to
eiil, llicii, that you did not oppose the acceptanci?
if II
le proposal sail
1 t.
of tlie proi'osal r"
'• \\'liat is the natui
"'that, is not i;iven,
" -No Uritisli |)roposal," he then said, "has bi'cn submitted to nie. i am hero
Hmply to iMiforee the law, and I i\m try in": to do so. Hut, naturally, I do not care to
ilisciii,s ti.e matter till 1 have had a idianee to .see of what I am accused."
The instructions i;iveii to the (.'iimm.'iiidcr of tin; Jtevcunc entter "Hear"
in Alaskan \\atcrs are irlcntical with those of
so as to prevent any repe-
tition i,f the oliciicc diiriiii,' the season. 'I'lie Commamler i> to warn all iicrs;ins against
vcspectiiii,' the capture of scaliiiii-vcsscls in Alaskan wate
last year, except that eiptiircd xc^scls are to be disniantl
I'litrriiiL, |{chriim''sSci
ami p:irti
)r the purpose (il vio!;i
till'' till' 1,'ius of the I iiitcd States therein,
icularlv the law whieli pnivides that no person sh.i
III' liiiiits of Alaska terril
1
orv or the \va
aiiv lur s(>al
with
iters thereof." What those limits are has not heci
ili'ilni'd. Till! Ih'itish Columbian seali'rs hold that they ;ire the waters within 3 miles
111' any land of Alaska territorv. J)o we bold the contrary ? \ot so far as any
470
autliciitic (locumcntnry ovidoiicc lias bocn siilimittod. Not so far as cither Consvpssnr
tlic I'rcsidciif lias divlarrd. We liavi? not iroiic to tlii' Icii'^rli of layinic down oiip mlp
for H(>liriiii;'s Si>a and a dilVcn-nt one for the (iiilf of St. hawn-nci'. It would sconi,
tlKM'clorc, that tlii^ (iovoriiiiiciit li;i'- put into the discretion of the ( 'omuriiidci' uf a
Rovoniic cutter a (luestion of extnMiic ^rravity which it has not vcnturcMl to decide for
itself, and that upon his decision may rest issues of vast, importance. Of coiirso, no
discussion of the JJehriiiy's Sea (piestioii of any value will he jiossihlc until the ne^o.
tiations hetweeii Secretary Hlaiiic and Sir .liilian I'aiiiicefote are made puhlic.
luclosiu'e 2 ill No. ',H").
Eatract from Ihr " i\o,n York Herald" n1 Man •'•I. 1890.
GKEAT ExCITKMKM I.N L'.VN.VDA.
j l-'roiii our RcLfular Correspondent.]
"Herald" Hiirciiii, conirr of I'^itteenlh and G Street)i, iV, H'.,
Wn.-hiiiijton, Mm/ 21, 1890.
I LEARN that til the (.'ihinet nieetini^ yesterday it was decided to reject the
British proposition siihinitted three weeks au'o tor a seitleiiKMit of the Hehriiiif's Sea
(|uestion.
Secretary U'indoiu, a.s 1 am informed, was dci-iih'diy opposed to the acceptance of
the proposal — Hist, liecaiise '* ' ' - ' ' '■• '' ':-i-- ; i -» ■
sec I
hec! . - .. _. ., _ J .„ _
arising' out of i!s owiierslii]i of the |»artiilly ••urroundin'^ shores and of a part of the
islands within the sea; the pos.s{>.ssion of a universally recoiciii/.cd houndary-line wliicli
iniduded ill the ci'ssion to the I'niled Sl.ates the very pail oi' the sea wherein alone tiiis
country has sought to exercise a territorial jurisdiction; the iiilieritnnce from I'lissia
of a eonlinuoiis idaim of jurisdiction never directly ipiesticMied nor siicce-isfiiilv
assailed. ;in('. the undouhled riuht that the United Slates li;is to exen-ise a reasoiiablo
police jurisdiction to protect its own ])roperty and inli^re.sts in Hclirinuj's Sea, and
secure to itself the natural use and pi'ollt thereof.
Secretary RIainc did not advoi'ate an acceptance of t lie proposal, and thonijht it
prohahle that further neirotiations would ahate the Canadian contentions and improve
the position of the United States. 'I'he liiilish (iroposal, hein;,' without support I'nim
.f the two l)e|)artineiits immediately concerned «ith it, necessarily met wit'
Secretary U'indoiu, as 1 am informed, was dci-iiiedly opposed to the acceptance of
:ie [iroposal — Hist, hecanse its provisiuns were deemed hy liiiu entirely inadeiiiiatc to
jcure the professed olijeet of prescrviiiu: seat life in RehriiiL^'s Sea, and, second,
eeausc it virtually iu;uoreil the cstahlislied position of the Unitivl Stales in that soa
I'itlier <
I.IIIK 1 I'l 1111' L'tll' 1^\. irillllllt lll.^ IIIIIIM llllllt II 1l/IItVlll\\i tlllll lly ll\_\.«_,^.-'lttll> IIIVIi llllll
r(?jeetion. a like fate with thatwliiidi overtook the prece'dim,' .Viuerican proiiosal in tlit
Council of the (ioveriior-(ieiieral of Canada.
I understand that in neiiher ease was an acceptance of the proposal anticipated by
the parly suliniiltin^; it, hut tli;it the only result expected from the exchan;»i! of
proposals was the hrinpiini; of the jiarties a little nearer losfether hy the cliuiinatioiiof
sonic of the points (;f dilVerenct!.
'I'o some extent, accordini^ to my information, this expectation has hccii realized,
so that th(! ne<;i)lialions are really ill a heth-r stat(\ not\villislandin£; the reflection nf
the eoimter-|iro|)osals than at the hemiiinini;.
The Next Step.
I am advi.scd that the next step in the nei;otiations will he the di.scussion and
settlement of the details connected with tiie creation of a .Foiiit Commission of experts
to prepare and suhmit to the two riovernmeiits a full and particular project a"; the
basis of a Treaty hy «lii(di the \\hol(> (|uestiou can he permanently settled, Tt is
|)ossihle that the ( loveriiment of IJitssia miy he dini'tly represented in this Coimnissioii
of exiierts, hut that is a mailer whi(di has not yel ri'ceived any (Minsideratioii, and
is altoii'ellier likely to he y'dveined liy the wishes of thai ( lovernment at the )iroiier
time.
In any and all events, then.- is a e()iilldenl e\[)eetation that a Treaty can he framed
ill time for suhmission to the Senate !mmediat(dy njion the openiuf? of the second
Session of the present Contrress.
4«ft
Rnforcinrj a Clnmire.
TIk' niDic iinpiu'tiiiil (|iu'>(i('ii lor tlic Cihinct yo>stt'nlay was that of the nfl iiilfriui
[Kilii'v to 1)1' ]iiirsiii'il ill Mi'liriiit;'s Sea \vi(h iininciliiitc ri'Icicncc to lli(> •.caliiii; season,
wliiili will liu in lull liiiidwiiy li,\ tlic nul i.T iliis ni(Milli, 'i'lu' 'I'lfasiiry view was that,
inasiiiiicli as llu- Jlrilisli fioM'inincnl liaci admitted a dose season to lie nw;essury to tlio
pri'SiMVi,,ion ol' tlic seals and tlic just interest ^t[^ llie (Jniled .States, iuul had nlVcrcd as
part 111' its proposal a radins aroniid tiii," seal islands to jji-otect tlio I'enmlo s«'al» from
attacks while olitainini: l'o<id in the waters adjacent to the lliKikciy Islands, it would be
,i(lmi>sili!e and jivoper tti enforce by w^rnin!.^ and hy restraint after warnint; had
proved iiiell'ectiial in any ease, sncli a I'iosiire durini; the present season, relyins^ upon
thi'i;(iiid sense and disposition of the Urilish fiovernnient to accpiiesce in nieasiivcs tan
entirely icnsonalde and merely provi,>,i(inal.
Tliis view ])revaile(l, it heinu- a piaetieal and >nl)stanlial acc*'()tance of the mot/u*
lui-m/' volinitarily tendered liy the liritisli (iovernnient in eoni|)aiiy with its rejected
proposal. The Connnandurs of the crnizin;^ vessels will he emphatically enjoined to
refrain, s!) far an possilile within the lines of their instructions, from any ciiiiduct
towaiil llie Urilisli sealers whom lliey meet with that can he niadi- the occasion of just
i'oni|>l:iiiil or resentment.
Tliise instructions w ill he commniiicati'd to the iiritish (iovernment iu firder that
tlu' I'.niadian authorities may take any action they may deem advisable toward the
comnmii end of maintaiuiuL; |)eaee and amity from now till the close of the seaKun.
OrderK to the "Hear" to prorcrti to Behriiitj's Sen and sf,:f all Ve.tneh engaijrd in
Uiilaiiful Acts.
Wdshingtort, May 21, 189(>.
Secretary Windom to-day siirrieil tiie Sailimr Orders of tlic Keveniuwutter
'Bear,'" now at Seattle, Washiiii^toii, direi;tini5 that she sail immediately to Ounala.ska
unit then to erni/e diligently in Hehriiiir's 8ea for the purpose nf warnini;^ all persons
ai.'niii'-t enteriiiii' such waters lor the jiurpose of vi(datin^ section I'J.'iO of the Keviscd
Statutes, and arrestin;,' all persons and seizinir all vessels found to b(^ or to have been
entailed in any violation of th; laws of the United States therein.
Section IH.jf), Revised Statutes, referred to above, jirovides that " no person shall
kill any otter, mink, martep., sable, or fur seal, or other fiir-bearini^ animal within thp
limit", (if Alaska territory or in the waters thereof, and every pei-son {juilty thereof
shall. Ini' each olVence, he lined not le>.s than lidU dollars, nor more than 1,000 dollars,
or iiiipri^oned not more than six months, or both, and all vessels, their tackle, appareij
fiiriiitiire. and eariro found ensai^ed in violation of this section shall be forfeited, but
tlip Secretary of the 'rri.'asury shall havi- |i(>\\er to authorize the killing of any sueh
nltor, mink, marten, sable, or other fur-beariiiij; animal except fur seals, under such
Rviinlations as ho may prescribe, and it shall be the duty of the Secretary to prevent
the kiUintr of anv fur seal, antl to provide for the execution of the pi-ovisions of this
section until it is otherwise provide<l by law. nor shall he irrant any special priyileges
nnder this section."
The Commander of the " He.ar" is also furnished with copies of the President's
last I'roelaniat ion on this suhjeel and the Ai't of the 2nd Jlnrcli, 1889, rcijnrding thp
sffll and salmon lisheries of Alaska.
Disiiuinlliiii] thn Law Breakers.
The instructions, while not ditferini; materially from those of last year, are much
moic s|ieeilic in character. KlVorts will he made to avoid a repetition of last year's
I'xpi'rienee with foreign vessels seized for violations of law. In two or three cases the
vi'ssels were pliu'i'd in charge of a prize crew consisting of one man, and, as a result,
ni'vcr reaclied the {lort where he was ordered to take ih(>m. While it will be equally
impossihle now to ■'icrease the size of the prize crews, an ell'ort will be made to
awini|ilish the same result in anotlu'r way. Aeci)r(liiig to tlu'iirescnt instructioi's, if
is m.dnstood lli.at all vessels round violating the law will he dismantled and deprived
of all means of fiu'thcr violations. Their logs and all skins are also to be scMztul and
pn'scrved as evidence against them. With the exception of certain details as to the
I'lil'orcement of the law there is, however, no cliangi- iu the general policy of the
adiuiiiisiiation on this question.
472
Xo. ;uii.
>■/)• ./. Piiiinci'fotr In Ihfi Miin/iii.i of Siillshiirii. — < Riifiii'd Jinw 3.)
Mv Loid,
TMM l''j|)l A')'I]TjY ii|)')n ii'iuliii!;' in ilu' ii('\\s]):i|ii'V:
Wiiy/iiii'jlnii, May IW, l.mm.
V('slci'(l;iv tlic ;iiin(
mncL'.
nicnt (which I nt once ii'!r!?r,i|ih('il to voiir l.ovdsliipi ihat tlic I'iiIUmI Sliitrs" Cuhinct
h:i(l (i('ci(h'(l til ri'jcct the i'iiiiiili'r-|)r()|iii^;ii of Her A! n jetty's (loM-riimi'iit I'or tlic spttii'-
niciit (iT the H('hi'in;,^"s Sen (|U('stioii, ;m(l lliat they li.'iil issued onh'is to tlioir llcvciuii'
ci'iiizcis t(t |ii'(V(Mit all vessels rroiii eiinairiiii; in the sealiii'^'-iiKliislry in those watfis, I
calhvl on the Seevi<tary of State .'iiul imiiiired whotliev the aMnoiinccinciil was enrnrt.
ill'. lUaino (li<l not deny its aeeinacy, and deTended the action ol' the Trciismy iu
roLcard to th(!iv instrnctions to lln' l!e\enue eriiizevs, whiidi he said were issuwl
))Ui'suant to an Act oi'('nni;r(
[ ol
ijeciei
Itl
Act ol" Congress authorized inierrereuce with loroi'^ii vessi'js (m
the liiLrh seas, j ,vas a iniscoiistnictioii of tiie .\i't so to a|)[)ly its jn'ovisioiis. 1
remonstrated
asjams
t til.
ihl:
cation in the
pr.
'd' the decision of his (ioveniniPiit
on the ]iro])osils ol IFi-r Maji'sty's (iox ernnieul liefore any reply had heen retunii-iltn
th^
lose i)roi)()sals, aiK
1 I
conipKiiiicu
th
if the ordt'rs repurlcd to have he
given to the lievcnue eruizeis while Ilu? nei^otialions were still |)eiidinL!:, contrary to
the assurance triven liy him in his note to me of the 21th .AFarch last. .Mr. ltlaii.>'
replied to the eltect that it was not possihlc to u:uar(l against the puhlicatioii in tiii'
ju'css of news of such piihiic inlcresi ; that his answer t) the liritisii proposals, wliii!li
■ tlrit it
le now proposed
he had promised to send to me last week, had heen delayed, as 1
shonld lie in the form of a joint reply from his (iov.'rnniciit and thai of Itussia;
that,
of tl
■lis Ih
lers to the II
(Mi'iuc criii/,1
le rcicclion ol the ]m-o
vs. tlii'v were the natural conse(|i
Ills which I had siihiniltcl t'l the Conf
erenei
Tliosi'
proposals he pn
and he
ded to critici/eas tnl.illv iiiadcijieitc to the necessities of the cast',
aniinadvcr
ted
I p.
th
rds in Aiticlo \' 1 of tin; draft Convciilioii, whidi
purport to ])rcscrihc l!eu;idatiojis on land.
I ))ointed out to him that the dialt (.'onveiition alForded the most ample pnilcutiou
to .seal lite hy prohihitinn' iiela^'ie sealing,' diirinu; the periods of inii^ratiou to and from
the \\
surreptitious
.'ind
l)V c
^t;ihli-liini,' a i-adius around the Si-al Islands to
aiiilin'4 ol marauders
M
)ri'over, it supplied the most
It till
iplutr
machinery lor an-iviui; at a linal decision as to w hat roiiulal ions slioiild iie adopted fnv
the pv
'cscrvatinii o
rth
ll
ilr. Claiiie the
)ccics.
;cd that the I'liiieil .Stales, hv the possession of tlie Son!
Islands, had acipiircd special ri'_'hls in l>chrinL''s Sea as rcL,'ar(
■ds thi
lisll:
111'
said that the United Slates' liovernment Cduld nevcrailmit that tjreat Hritain had iiL'lit>
equal to tiieir own in that sea, and that they would not he satislied with anylliiiii; It's-
than the total excdusion of all scaline; vcs.scls from lielirinu;'s Sea diirim;' the siiiiiiiii'i
months in whit
.M
sly's ( iovrrnmcnt jiroposcd thut the lisherv shoiil
ll be iiiion
I reminded .Mr. lUaine that the sole (piesiion was the ))rcscr\alion of the seal s|ii'(ii>
I ur''i'd that
(iiaft Convent ion n
iKiiie .•impic provision loi'
I hat ])urpose. 'Jliat a>
roi'arded the cliim wliich hemhocaled i.wi iielialf of his (Jovcrnment to six-rial rii;lit>
bevi
the teirilorial wali^'s of iicdiriiiLr's Sea, it rested
on novi
)vel doctrines ciitiiTly
opposed to the law and practice of nati
J. also reniinde.I him that he had i|uiti'
recently inlormed me that tlu; draft Convention, thoiiu^h not acccptahle to his (loverii-
ment in its ])resent form, allbrdpd a basis of settlen
Air. Bl.iine replied that k
Lad at that time in his mind die ))rovision relatiiii^ to arbitration; but he doulitcii
whether the two (Jovernments could ever come to terms as to the form ol' the (piestinit:
to be subinilted for d
ecision,
.\r\
y interview here emu! to an end, .Mr. IMaiiii' haviiiu' an ;i.)ipoinlmeiit \vitli tin*
President wliiidi coni]iellcd him to Ic;ivc for llie White House.
i have, &(•
OSi^'ncd)
JULIAN PAlJNCi;i'OTK.
No. ;H7.
Sir J. Pn liner fair to llir Murquin of Snlinhuii/. — (^licccliprl June o.)
U\ Lord, WuMmjton, Miiii 2.'$, ISiW.
IN eoinplianec with the iiislriictions conMined in your Lordship's telrgiW"
ol' to-day, 1 have Ihc honour to iiudose coiiv of a note wliieli 1 have addressed tv
473
.Mr. Hhiiiic, iti wliitli 1 have informed liim tliut a formnl protest by Her Majesty's
tlovriiiiiiciit aijaiiist any inlcrlerenee with Hriti.sli vessels in Beiirin|,''s Sea will bo
foruanlcd to him witiioiit (h'iay.
I have, &c.
(Signed) JULIAN I'AUNCKFOTE.
luf Insure in No. ;J17.
Sir J. Vauncefote to Mr. Blaine.
Sir, ^ Washiwjtov, May 23, 1 «!)().
I IIAAI-; tlic lu)nf)nr to ini'onn you that a statement liavim; appeared in the
ii('»s|i;i|pcr>, to tiie ciVecl tl;at I'Mitcd Stales" Itcveniie erui/.ers have i-eeeived orders
111 indci'i'd to Heiirini^'s Sea t'or tlu; ])nrpose of i)reventin!^ the exercise of tiie seal-
li-lii'iy liy I'orcifjn vessels in non-territorial waters, atul that stntenu-nt havini^ been
idnliiiiicd \esterday by yon, 1 am instructed by the Marcpiis of Salisbury to state to
vim thill a formal protest, l)y Jlcr .Majesty's ( iovcriuncnt, a;,'ainst any such interference
witli I'.ritisli vessels, will hi! forwarded to' you witlumt delay.
I liave, &c.
(Sii,'ned) JULIAN PAITNCEFOTE.
No. :$t8.
The Marquis of Salishuri/ to Sir J. Paunccfote,
('l'cifuraj)liic ) Foreign Office, June 3, 1890.
l.VI''0!{.MATION has reached Her Majesty's Government that about twenty-three
iliilish vessels have already cleared from ports in Hritish North America for the seal
tisliiiiif.
All (jiiestion, therefore, of stopping them, even if Her Majesty's Government
coiisjiicrcd it expedient to do so, is at an end.
No. 34!).
vc addrcss('<l to
Sir J. I'niiiirefnte to the Marquis of Salisbury. — (Received June 7.)
('I
t-i a
i'l''-'nphic.) Wdn/iinijlnu, June 7, 1800.
Mil. UL.VI.XI'] Invin^- itupiinMl, on behalf of the President, whether with a view
hifiidly sett lenient by arbitnition Jler Majesty's Governmeut would consent
to till' total exclusion of Hritish sealers for the present season from IJebriiiL^'s Sea, I
rcplird at once that this proposal could uot be entertained, as a])art from other eon-
sukrations which 1 explained there was no legal power to enforce such exclusion.
My answer has elicited a Ion;; note e.xju-essini; the I'resiihMil's retfret that his
must !rii- lid ly and coiisideiatc proposal for adjustiiu^ all troubles connected with the
IVIiriiicf's Sea (pii'stion should lie rejected so promptly.
W itii refcreiice to a statement made by me to the elTeet that the further examina-
ti'iii I'ltlie ipiestinii bad satislied ller .Majesty's (iov(>rnment that total (>xclusion went
Irvoiiil ilie requirements of the ease. !ho note states that until the receipt of my reply
iiiled States' (Jovernmeiit had never been informed that any other objectio'"
...1 *....<..: I I _ T 1,1.:.. ii t\.„t ...,..: i 'i... ■!.)... ....
til
toll
Mill nt.ui-^i \ iiM ri iMiieiit iiau iu"\rr ikm'ii iiiKMiurti iiiiii <iii\ I'liu-i iMijeiiiwii
t'l till' proposal was eiitertaiiieil by your Lordship than that assiijiied by you when you
iilii'iiptly ch)sed the iieu;otiati(^iis in London, viz., tliat Canada would not consent to it.
It iilisi'ives any privileges conferred on Canadian seal(>i-s must be extended at onee to'
Aiiirrican vessels, and tliaf our proposed radius of 10 miles would ex])ose female seals
tdlii' sl;ii|Mb(,,,.,,,i i,y luiiiilreds of tiioiisaiids.
"Tlie J'residciit does not ciiu-cal bis disajipointment that even for the sake
ul siM'iiriiii;- arbitration, ller Majesty's (lovernment refuses to suspend for a sinij;le
M'asiiii tiie practice \\liicli your Lordship described in 1S8H as the wanton destruction
"1 ii valuable industry, and «liicli the United States' Government has uniformlv
ri'gai'ileil as an un))rovokcd invasion of its established rights."
1 liave declined in my aeknowled^'Uient of the note to continue the eorrespondenee
uiilili n.eeivc furthc'r instructions, esiieciallv as the views of Her Majestv's (}overn-
[128] * "3 i'
174
iiu'ut iii'c clearly ('X|ilaiiioil iu^your Ijordshiirtf dcMpalch ul' tliu. 22imI nil iiiio, which
1 read It) till' SwM'i^tary ol' Slatj' only a low hours Ijol'orc Ids ii(»ti' n^achcd nu'.
, , Xo. a.'iu.
sir .1. I'(iuii((^ff"f<i llif Mnnjiiiii of Halisbiiril. — (liireirrd Jinir 7.)
('rclf!,'ia|ilii('.) I\'(isliiii(jtiiit, Jiiiir 7. \H\M.
jlli. IJijAlNii liah |i(i>ij)oiicd oiii- iiiiciNifW ariaiiiccd for liii^ iiinriiiiii;.
1 will uiidcaviiiir to mcci Idiii in llic cDiii'sr ol' to-mon'ow.
No. ;{61.
The .\fiii(j(iis (if Snlishuri/ to Sir J. I'liiiiirrfolr, . n
('IVlL'j,n-ni)llic.) h'orriijii Oj/ici; .Imir 7, l."<!lll.
I ItlCGIiJ'yr U) joarii lioiu your tulc^rani ol' iln' 7tli iiinluiit tliat tliu I'lesiilciit
sliouiil thinlv 1 aiii wantinj;- in coiii'diatioii in the Ik'liriiiir's Sua lu-goliatioiis. I think,
howt'vc'i-, tiiat ho inistindcrstands tlio cimdilioiis of our la"'.
'riiore is no powor \vhatc\or which woid ! ciiahlc llir Majesty's Govermiifnt to cxcluJi'
liiitish or Caiiadiaii vessels IVoiu any ])arl of the hii^h seas for liowcver sli()rt a perioil ul
lime wiliioul lirst ohiaiiiiiij;, ill tlie one ease, an Aet of the l'>rili>h Pailiament, anil in
the other one, ol' the Canadian I'arliameiii.
"We have always lieeii willinjr, without plodjjin^f ourselves to details as to area and
date, to neiiotiale with tin; linpc of eoniinj; to an arrani^einent for the esiahlishnii'iit of a
elose season so I'ar as neeea-ary to preserve the iur-seal specie-, hul ils provisions woulil
requii'u the sanction ol' the respective Legislatures.
I do not reeojfnize the e.\[)res>ions which are apparently attrihuted Id me in
Mr. IJlainc's note.
I do not think [ used them, not at all events in the eonle.\t stated in the note.
* - No. 352.
Sir ./. I'ituiiifjole Id thr Marquis of Sdlishiirii. — [Ri-rnirnI .liiiir ^.)
.My Lord. WiL-hiiiijidu, Mitij I'D, isim.
Wri'li rerereiicc to my desi)ateh of the i>:}rd iiishint, 1 have the honour to
inclose copy of a note which 1 have received from Mr. IJlaine in leply to my coininuni-
cation of the L'-'lid instant, in which 1 informed him that a Ioi-mimI protest hy Her
Majesty's (Jovi'rnment auaiiist any iiilerfereiice with lirilish vcs>els in Hehriiiu's Swi
would Ijc forvwirded to him without tlelay.
: .. I have, &c.
• • ' (.Signed) .IL'IJAN PAUNCKKOTI-:.
Inclosure in No. 352.
Mr. Blaine to Sir J. Pauncefote.
Hir, Depurtmciil of Slide, May 2G, l!^\)0.
1 HAVE the honour to aeknowledgo the receipt of your note of the -'3id instanl,
ill which you inform me that Her Britannic ALijesty's (iovernment will formally prdtt^i
aji,aiiist eertnin action recently taken hy this Government for the protection of the Alaska
seal fisheries.
i . 1 have, &c.
, ,,. . _ (Signed) ,1. U. HL.ALMv
47;T
No. 353.
Sir J. Pnunv.'-fnie In ihf Mnri/iiis nf SnliMliiini. — {Ri'reiii'il Jiini' 9.)
Mv Lord, llnslniKjIoii, Mm/ i)(),^S\)l).
Wri'll icIVn'iicc III my tulcfirani nl' to-day's d;ili', I Ii:im' lli.- lioiiniir to
liirliiM' I'lipy III' till' Miili' wliirli I \in\v, rcccivi'ii I'l'iiiii .Mr. liliiiiir, inruriiiiii;; iiir ul' tlii;
irji'clioii III' till' dral'l ('oiivrnliiiM by lii< ( iiiviM'iiiiii'iil and tli.'it ol Itus.sia, and staling
llic ;,'roiiMil>. I'lir lliut (U'cisidii.
I lia\c. Sic.
(Hiifiicd) .lULi.v.N i'.\i;.\ci;i'()Ti:.
rnclosuri' in \o. 353.
Mr. ISItiiiie Id Sir .1. PniiiirrfulP,
Sir. Driiiirhii'iil iif Sliili; Mtiij -id, ^'^W).
W)l I! null' of till' :;:!i(l insianl, alrrady .•ifkimw !('(lu:i'il. iiironn< tlii> (JdViriunriit
lliiil \oii '• li.'ivc Iici'ri iiistiiirlril by tlir .Maninis ol' Salisluivy to slate tli.at Her
M;ijrsty'''. (iiiviTiiiiii'iit wiiiiii! I'orward, witlioiit iK^Jay, a ]irot('st " ai^aiiist tin- roiirsi'
wliii-ji I his (IiiviM'miiciit lias ruiiiid it iiiTi-ssary. under tlie hnvs ul' ConnfiTss, to |inrsiii'
in till' waters of tile lleliriiin's Sea.
Ill tnni, I am instructed liy the I'lesident to [irotest ai;ailist tlii' eniirse ol' the
liriiisJ! (Imcniiiient in nutliori/inu', ineiiiira!;inL;'. and proteetinir vessels wliieli are not
iiiily iiilerl'i'i-ini: witli Anieiiean rights in the Melninir's Sea, lint which are doin^
vii'lcnce as well to the li^'I's of the civilized wni'ld. 'I Iiey are eiiu'ns^ed in ;i warl'are
;iL';iiHsl seal lil'e, disreiiardiiiu' all the Ficijiilatidiis wliich lead to its |iiotection. and
riinuiiittiM;:' acts w'hicli lead ultimately to its destruction, as has lieeii the case in every
|i,irt (if the world where tlie aliiises wliicli are now (daiir.ed jis Hritisli rii,'lits line lieeu
|ii"i('tis('il.
Till' I'residiMit is surprised that such protest should he authorized liy Lord
Siiiislniry, especially liecause the previous declaratious ol' his Iiordshi]i would seem to
i'i'ihIi'I' it impossihle. On the 11th Novemlier, is*^?, FiOrd Salishiiry, in an nllieial
iiiti'i'vii'w with (he .Minister I'ldin the L'nited St.-'les (.Mr. I'hclpsi, cordially au'iced that
":i ('mil- of l!ei;u hit ions shiiiild he adopted I'or the jirescrv.'itiou ul' the seals in HehriiiLr's
Sen 111)111 destriictinn at injiroper times, hy inijiropcr means, by the citizens of either
I'niiiitiy." And Lord Salishiiry su^'ifcsted that Mr. {'helps "should obtain from his
• Idvi'iiiiiient, and submit to him ([.ord S;ilisbury), a sketch of a system of I'cLrulations
ttliirli niiiiid be adeipiale for the purpose." I'^nrthcr interviews were held duriiiu: th(>
l"li(i«im; inoiith of lY-bruary (ISMS) between T^ord Salisbury and the .Vmerican
Minister, and between Lord Salisbury .and tlu; .Vnierican ^linister, aceoni[)anied by the
llibsiiiii .Vnibassador. In answer to l^ord Salisbury's ve(|uest, Air. I'heljis submitted
liic " l!ei,'iilatioiis " wiiii'li the (iovernment of the I'liited States desired; and in a
ilis|ialcii of the 'i.'itli l''ebruary .Mr. Phelps communicated the I'ollowiiii; to .Mr. Ii;iyard,
Si'iTi'lary of State : —
" L'lrd Salisbury ;issents to your prfijiosition to establish, by mutual arranLreinent
Irtwccn the (iovernments interested, a close time for fur-seals, between the L'ltli .Vpril
iinil tlir Isl Novenil er and hetween KiO" of loni,'itnde west and 170' of loii^-iliide east,
in till' l!i'hriiiL!;'s Sc.a. .Vnd he will cause an Act to be introduced into I'ariianicnt to
;.'ivi' I'll'e;'! to this arr.'iny;einei\l so soon a.s it can be prepared. In his opinion, there is
iinddiiht that the .Vet will be passed.
" lie will also join the United States' Government in any iivevcntivo mcasii. ^ it
may 111' tlioiii;lit best to .'idopt, by orders issued to the naval vessels of the respective
'ifivcninients in that rcLfion."
Ivnly in .\|)ril (isss) the liussian Ambassador in London, .M. de Staal, advised
'111' Aiiiirii'Mii Cliari^i'! ''that the liussian (iovernment would like to have the
l!i"-'iil.itiims which mi^lit he am'eeil upon for the Meliriii'.;''s Sea extended to that
|"iiliiiii of the latter in which the Commander Islands are sitiiafi d. and also to the Se-i
'if Okiiiitsk, in wlii(di itobben Island is situated." On the Kith April, at Lord
J^iiishiny's invitation, the liussian Ambassador and Mr. White (the .\meriean (_'liar;ri''),
^b'. I'lii'lps beiii'j; absent from London, met at the I'li'eiun Ollice " for the pur])i>so
'i ili>:i'iissincr yf\\\\ |,(iv(l Salisbury thedetailsof the proposed ("oiiventional arranyi-mcnt
fovtlii' |ii'olec(ion of seals in liebrinj^'s Sea."
[1281
a I'
476
Witli ;i view Id nici'liiiu' tin- Hiissiiiii (iovorninciit.'s uislirs rcspcH-tinij tlu- wiilcrs
ltd
M'llll's
KUl'l'dlllKlill;; Holiiicll IsImikI, Ills li(ii'ilNlli|i sili;i;('stiMl \\<.:\l lii'>iili(' tlir W ll
Sea, til()^c• purtioiis id' tlic Sen <if OkliiitNk and of tlii- i'acilii- Ocean imrtli of iidrth
atit\i(l(' 17° siioiilil 111- iiii'liiili'il ill thr |ii'ii|iiisi>(l arr
iiMii. His l,iii'il><lii|i iiiliiiiatc
I'liillirniiiMT, liial till' |ii'riiiil |iro]ii)snl liy tlir I'liiti'il Stall's fur a clnsi'il tiiiii'. I'i'mih tlu'
l.'itli Aiirii to till' Isl Novt'iiilirr, iiiiiiiit iiitcrl'i'iT with tin- traiii' lonijrr lliaii ahwihitdv
iii'ccssaiy lor liir |iriilcctiiiii of sraN, anil lii" siiiini'sti'il tlir 1st ( (i-toliiT, iiistt'iid of
a niipiilli lati'i', as iln' li'i'iiiiiiation ol' tin- pi'i'ioil of seal jirotiTtion." I'liitlii'iiiiniv,
Loiil Salisliinv '• |iiiiiiiisi'il to liaM' a ilia It ( 'iinvi'iitiiiii |ii'i'|iai'i'il loi' siiliiirs^JDii i,, il,,.
Russian Aiiiliassailiii' anil tin- Aiiii'rii'aii .M iiiistiT."
On llic •J.'liil Apiil. llir Aiiii'iiraii Cliaii;!' was iiironiu'il liy Loril Salislnirv lli;il ''ii
is now proposcil to ifivr cITi-cl to a Soal (.'mivciition liy ( )rilri' in (Jomicil, not liy Art cil
Tail
laiiirnl.
It
111 (ii'iler tiiat tin
tippli* '
imilrrstooil that lliis course was |iroposeil liy l.nril Salis
II
cirulations iicci
l.Ml
in Ifcliriiiij's !Seu liii''lil
pl'OIII|ll
Vou ■will iiliseivi'. tlien, llial Iriiiii Ilic lltli Nnveinbiir, lSs7, in the ;2:iiil A|iiil,
IS^S, |,oril Salisliiiiy hail in every loini of speech assenti.'il to the necessity ol' a cliisc
season I'or the proleclion ol' the seals.
The shortest period which he naineil was Ironi the l.'itli April to the 1st Oetolii'i —
livi
the
.1
ir niiinlhs. In aiiilition, his |iorilslii|i siii^i^'r
steil
lat tl
■liiseil
|ierioil naiued should include the w holi
it' the iielirill'''s Sv:
dsl
loulil also iiic
hull'
such portion III' the Sea of Okholsk as would lie necessary to tect the llussiaii soal
lisliery on lloliheii Island ; that the (dosed season he extended a^ lar south as I" north
latitude, 120 miles south of the northern lioundary ol' the United States on the I'acilii'
Ocean. He promised, lurlhcr, to dralt a Conventiou upon the suhject hetwcni
Eui,'la
Itnssia, and the Inileil Slati
Tl
leve assiiraiiees \>erc u;iven to th" Amrrican .Minister, to the Anierieim Char!,'r,
to the PviiNsiMii .\nilia>sailor, and ou iiiire than one oeeasioii to two of them tiii,'i'tlirr.
The rnited Stales had no reason, thererore, to diinlit that the whole dispute toiu'liiii;;
the seal lislieries was pr.aetie.ally settled. Indeed, to have distnisled it would liavL'
1)cen to (piestion the ^'ood I'aith ol' Lord Sal.>lniry, In diploinatie intei ourse hetnwn
(-ire;it liritain and the rnited Stales, he it .said to the Imnonr of lioth (iovernniriit.s, a
verlial assurance rroiu a .Minister has always been eipial to his written pli'ilu'r.
Speaking the same laiii^uau'i", there has heen no room lor niisundei'slandin!; hi'trti'fu
the Itcpreseiitatives of the two (lovernments, as may easily happen hetwcen tliiKi'iif
dilTeieiit tonicucs. I'or a period of six months, theret'oie, without retrai'lion or
qualilie;iliiiii, without the suL,'u:estioii of a doiilit or the droppiipj' ol' a hint, the iinili'i-
standiny- lielweeii the t \t(i (iovernments, ,iu the assurance ol' Lmd Salisliury, was n-
compli'te iis lauiinau'c could make it.
O the 2*stli .\]iril, live days alter Lord Salisliury's liist pointed assurance,
livr
days a ei' he had iiroposeil to perl'ect the scheme, not by the deliiy of Parliament, but
by till iironiptucss of an Order in Council, the American Cliarice was inrorincil tliat
the A of rarliameiit would he necessary in addition to theOrdcr in Couiudl, i.nd that
iieithi Vet nor (Jrder (.nulil be drafted " until Canada is heard from."
!•
several wei
An
Ch
ks I'ollowiiig the 2sth .\pril, the
re were maiii' vn
at the Foreign Ollice to learn whether " Canaih'
d
lis by ti,"
I'l'ii lii'anl
III
di
d
Finall
called 111 comiian;,
lith the llussian .\mhasN'iihi
III
1 the liOtli .liine, Lord Salislnirv told him th.it ;iii uri'i-nt lelcij-rain h:iil liorn
Cauail.a a weei
repls bad bi
itb respect to the delay in its c.xpcdit
ion,
lul thai a
en V
eceived liv the Secri'tarv of Slate for the Colonies, savini; that the
matter wi
11
tal
ken up iiniiiedialely.
-Mr. White,
entirely ujiun thiM'
assurances, vetiturod to " lioiie that shortly after , Mr. I'!icl)is' return the Hritish (iovrin-
meiit will be in a eondition to ai^rec upon the terms of tlu; jiroposcd (jiiiventiini."
-Mr. I'helps returned to London on the 22nd June, two days after .Mr. W'liiti"'
interview with Lord Salisbury, and immediately lifter the iirj^eiit lelei,'ram hail ln'i'H
sent to Canada.
On the 2stli .Inly, .Mr. I'helps had received no assurances from Lord Salis
and telegrajihcd the Departniciit of Slate his " fear that owini; to Ciinadian oppo:
shall i;el no (Convention."' In a despatch to his (iovernment of the 12th Septciiil
rv,
lositlnll
)i'i'
Ik^ related liavin'' had intervi
lith Lord Salisbury resneetiiii' the Convi'iitimi.
vvliieb he say.s had been " virtually aLrreed upon except in its ibdails." Mr. I'lii'lp*
goes on to say: "The consideration of it has been susjiendcd for cominiinicaliou li.v
the Jb'itisb (iovi'nimcnt with the Canadian Oovcrnnient, for which purpose an iiitenal
of several months had been allowed to elajiso. JJurini; this lonu: interval the atti-'iitim-
477
•ricim (,'li!iri,'i'',
licin together.
|)iil(' loiu'liinu'
it WDllM liiivc
, iiirsc bi'twccn
Mivrrnincnt.s a
i-itti'ii i)li"ili;('.
luliii!,' l>ct«rwi
tWCCU tlll)>t' III'
retraction or
iiit, till; iimliT-
lisl)urv, was ai>
val tlic atti.Miti"!-
Lord Salisliiiry linil l)con rrpciitcdly railed to tlie siil)j«'i by the Ainericnii Lc<,'ati()n,
isHcr rfci'ivcd rroin liiiii was tliat iin rrjily tntm tlu!
anil (III
ll
Kisf (K-'casions
till
Ciiiiailiaii aiilliorilies had arrived !
Mr. I'liclps pnw'eds in the despatcli of tlic I2lli Scplciiilicr to say: " I .lifiiin
iirosM'd l<ord ISalisimry t'ur tiie eoiiiiiletioii of the Cniivciitidii, as the cxti'miiiialinii
Ills liv (.'aiiadiuii vessels was iiiiderstiiiid ti
le ra])i<ll_v |>rin dii
His Liirdship, ill
ivnlv. did not i|iiestion the propriety or the importance of lakilii; iiieaMires to prevent
till' waiitoii deslriietion (d° so valiiahle an industry, in whi<'li, as he r< irkeil, riiiu:land
liliil a lariie interest of its own, hut his Lordship slated lliat the CaiKidiaii ( loverMineiit
(iliiei'led to aiiv such restrictions, and that until its consent could I htaini'd Her
.\lajesl\
( iovi-riilnent was not wiliiii<; to enter into the ( 'oiiveiitiou.
it was
thus
liiiidly .•lekiiowledi^ed that the nei,'otiatioii into whi(di Lord Salisiuiry had cordially
I'lilcreil, and to wliitdi iie had readily aijrced, even hinisidf siii^'ncstiiiu: some of its most
viiliiahli' detaih'. was entindy siiliordin:iled t<i the indt;ment and desire ol' the Canadi'iii
i|ii\ei'iimeiit. 'This (JoverniiH lit cannot hut feel that l^ord Salislmry vionld liave dealt
mure I'laiiklN if in the hci^innini,' he had informed .Minister I'helps that no .■irr.imj;eincnl
niul<l he made unless Canada concurred in it, and that ail nei;oliatioii with the Hiitisli
iliiverniiieiit direct was hut a loss of time.
Wlit.'ii you, Mr. JFinister, arrived in this country a year ai;o, there seeined the
ln'-t jirospeet for a sett' iiieiit of tiiis (piestion, hut the Ilussian .Minist(!r ami the
.\iiii'iiian Si'eivtary of .state have had the experience id' ^Ir. I'lndp- .'iiid the liussiaii'
.ViMliiis-adiir in Loiidim repcati'd. In our early intervie\*s, there seemed t<i he as ready
a (lispnsition on your part to come to a reasonaide and friendly ailJMstment as there
itainly lias always hccii on oiir part to olVer o
rtwi
Voii will not l'ori;el an interview
iirself, the liiissian Minister, and m\seh, i \vhi(di Ihe JineN for a (dose
the JJidiriiiir's Sea laii
n liy Lord Salishmy were almost exactly ri'pi
it.'d
liv siii'iself, and were inscrih(.'<l on .Maps«liicli weie liefore us, a eopv of uliiidi is in
the possession of tin; Ilussian .Minister, and a ciijty also in my jiossession. A jirompt
ailjiislnient so 'lued practicahle, an "
adjustment wlii(di I am sure would have heeii
■,'ihle to all tilt; countries iiiteri'sted. No ohsta(des W(!re presented on tl
.\liiiMicaM side of the
([liestio
N
o insistaiiee wiis inadi* upon tin
iiidr
10
inu' s Sea as
murr rliiiisiiiii
>\' Bril isli ships al all times,
iiii nil coniniercial errands, tlirou;;li all the waters of the l!(diiii:ii;"s Sea. liut our
lo ohjcction \\;is inler|)osed to the cut ran
iii'U'otiations, as in
Lond
on, were si
iddenlv liroke
)!)■ r
or iiiaiiv wei
ks l)v th
ler
position of Canada. When correspondence was resumeil on the last day of A])iil,
ir ■•» .Mixed Coinniission of ivxperts to decide ihe (juestions
oir.
Villi liiaile an
.■it issue.
Voiir proposition is that p(dat;i(; sealin;» should ho prohihited in the IJehriui^'s Sea
iliirin;; the months (d' >L'iv, .June, Octoher, Novemher, and Deceniher, ;ind that there
Hill
Id he no pridiihition diirim; the months
■Tulv, AuLTUst, and Senlemhi
V
(uir
uitl
i|iilsiti
nil 111
volved the condition tliat British v
cssels s
lioiild he alio
to kill seals
liii Id miles of tlie coast of tlu; I'rihylov Islands. Lord Salishiny's proposition o'
was
that, duriiiij the same inontlis for wliiidi the 1(i-iiiih
(ll'llKllll
led.
JU'IV!
fcLri
IS now
Mrili.sli v>ss(d liiintint; seals should come nearer to the I'rilivlir. Is
;in the tTth
dl<
th latitude .ahoiit OOO miU
le open season wliiidi vou thus select for kill
th(^ one w !un tin; areas
armiiid the hreedinvr islands ;ir(> most <'i
led with sells, and esneoiallv crowded wi
•als, i;oin'' forth to secure food for the liundn Is of thousands of their vouiil'
WliU'l
tliev have recentlv hecu delivered. The destriiotioii of tin
emales, w
hich
airiinliiiL,' to cx[)ert testimony, would he '.)"» per cent, of all wliiidi the sealini^ viss(ds
iiiiijlit
I.I tl
dily capture, would iidlict deadly loss ii|)oii th
e rookeries.
The destructit
id
till' lieids would he dimiiuslied the next vcar hy this wholesale slauuhter of the
It' li'iiiale won
Id he lollowcd hv the destruction of their vouii'.; on the isl.inds, at
iiiHliiciiii,' females and their ollsprii
'I'lie lO-mile limit would ^'ive tl
le niarauders
the water hv tens id" thons.inds
till' v:nii,ii;e j.^roiind for killini^ the se.als that an
^iarcliiiii,r for food. The oi)pijrtuiiity, under cover of fosj and iiii,dit, for steaiii
"il'Ullv upon the islands and sliiui^htcriii!;- the seals within a mili- or even less of tl
iii'i'iicrs r
csid
ence, wouh
I lar
ncrease the .■ii;i,'reLra
to di'structi
Uiid
er Slid
th.
'iiilitions, tlie J?ritish vessels could evenly divide «itli the United Slates witi
•mile limit of its own shores, and upon the islands themsidves, the whole ad\;iiilai,'e
llieseal llshories. The re pect which the sealing,' vessels would |iay to the 10-inile
would he the saiiio that wolv<!s pay to a ihxdv of sliei'p so placed that no shepherd
limit
tlir
111 i,'iiai'(l them. This arrauijoment, accordiiiL^ to your proposal, was to I'liitiniie fi
'•' months of each year, the best months in the season for depredati
is upon the
478
seal li(>ril. No course was left to the United States or to Russia but to r(>jo('t tho
propositiou,
Tlie projjositions made by Lord Salisbury in 1888, and the ])ro|H)sitioiis made liv
Her Majesty's ^liuister in Wasbiucfton in IS'.H), are in siiriiiiieanl cnntnist. T|||.
oircuinstaiK'cs are tli(^ same, tlie conditions are tiie same, Hie i'iu;bts of tlic I'liitcd
States arc the same, in bnfii years. Tlie position of ilinjland lias ehaiiir<'(l, liccnibc
tlie wishes of Canada iiavo demanded tlie eliauLre. The result then with wiiich ilic
United Slates is e.\])eeted to be content is, that lier rin'lits witiiin tiie nclirinu:'s Sen und
on tiie islands tlicn-of ar(! not absolute, Imt are to be determined l)y one of Ihr
Majesty's proviiu'cs.
'I'lie Ibitish (oivei'inncnt would assuredly and rii;lif fully comidain if an a;;reemiMit
between her [.s/'] IJeprcscntativc and thi' IfcprcsiMitative of t!ie I'liitcd States sliniii(i,
without notice, 1)0 brciken otV liy the United States, on the ;;roiind that the St;ite "f
California was not williiii; that it should l)e completed. California has a (lovi'niiir
elioseii independently of th(> Executive poucr of the National (lovernmcMt. (':ni;i(l:i
has a (Jovernor apjiointed by the British Crown. The Leijislature of California eiricis
laws uilh whi(di the llxecutive power of the ('nited States iias no ri;,^ht whafevci' »o
interiere; Canada (Miacts laws with which the l;\'eeiiti\i' pow<'r nf (Jreat Ibitaia iviii
int<a-l'ere so far as absoliit(>ly to annul. Can the (liivernment of the United States lie
expected to accept as linal a decision of the ( levcrument of (ireat llritain tlia! ;in
a^•l■eenlent with the I'nited States cannot be fulfilled because the Province of C.iiiada
objects 1
'i'ln's i-e\ iew of the cireunistances which led Id the )ireseiit troubles on llic
H<'hrinL;'s Sea question has he(>n ])rcseiited by direetinii of the ['reside nt, in order tn
show that the responsibility does not rest with this ( lov(Mnnient. The (diaiiu'e "f
policy made by Her Majesty's (iovernment without notice, and au^ainsf the \vi><!i nf
this (iovermnen;, is. in tlii' President's belief. tlM> cause of all the dilVerences lliat liavo
followed.
I am further insiructed by the Pi-csidenl ici say, that while your proposals el ilii'
30th .\i)ril cannot be accented, the United States will continue the neu-otiation in |iii|)i'
of reacdiin^ an aiireement that may conduce to a ^ood understandiiiL,', ;ind le.ive im
cause for future dispute. In the President's opinion, owinn' to delays for wbieli llii<
Government is not responsible, it is too late to eoiudnde sucdt ncn'ot iation in time to .•ipi'lv
its result the present season, tic, thenH'ore, pro])oses flint Her Majesty's (Joveninii'iit
asiivu- nol to permit the M'.ss(ds (which, in his jud<^ment, do injury to tlw pr(i])evl\ of
fheUiiileil States) to enter the H(dirinu''s Sea for this se:ison, in order tliiit time ni;i\ he
secured for nei;'olialioii that shall not be disturbed liy mitdwai'd I'veiits, (ir uiiilnly
inlluenced by popular aiiitatinii. If this oiler be accepted, the ['resident believes that
before another s(>ason shall open the friendly ndalions existinu: bi'twcen the t«i)
countries, and the mutual desire to continue them, will lead to Treaty sti|mlritiiin«
which shall bo jiermanent, because just and hononr;ible to all ]iaities.
1 hav(-', &e.
(Siijned) .f,\MKS (i. [{LAI.Ni:.
No. ;{.•• 1.
Sir J. I'diiiircfiile lo tlw Mnrqiiix nf Siilinburii. — iRecclrvd June 1 I.)
^^ I'cle^raphic.j H'nxliiinjtnn. Jiiiif Id, l^!'"
AS reported in my telejjfrain of the Tth insfaiii. my interview with .Mr. Hliiino
nrrnn;;ed for that day was postponed, and, not liavinji- received any further eoiiiniuni-
enliou from him, i called at his house yesterday. He tlien informed ine llial llic
President was iniwillin<;- that he should prncecd wilh the iie;j;oliatioiis until lie liml
niisweveil your Loidship's des))ateh of the l.'2nil ultimo, of which I left a copy with liini
on the etii. He wished especially to send a rejily on llie eliaijic that the United Stiitt-
Goveiimieiit were now claiming a right which they had disputed when asserted hy Itu'^'-iii
before the cession of Alaska. Mr. I51aine promised me this reply before the end of tlu-
week, after wliiidi he would be ready to resume our interviews.
I complained of the tielay, ])ointin!j; out, the danger of "some untoward event.'' ii'i«
again urged hini lo give me an a'-"iranee that while the negotiations were coiiliniinij?
there shoe.ld be no i'lterferenee with oiii vessels ; such assiuiimc be declined tii Sivc,
but he said there was lillle likelihood el an\ thing of tlie kind haiipening hef'ore .Iiili".
! think tliiit tin' protest contained in your liordsliip's despatch of ilie -ilih ^1")'
should he si'nt in before the Hcvonue euttcra arc beyond the reach of instructions,
479
subject to your JiOrdsliip's approval, I propose to .send in the protest on llie 14th
iu>iaiit, informing Mr. Biaine tlint I have dcit'orred doing- so until the last moment.
Z>'o. !{;■).").
Sir J. I'aiinci'fotr to thr Miirijiiis of Sdlishurij. — {liccrlvi;/ June II.)
(IVIcirrni'lii*'.) IVnshiiujtnii. Juiip 10, JisDO.
\ I till' interview Hitli Mi. Uhiiiif mentioned in my innnecliately jneredinp;
I. io:;nnu. reierrinj!' to iiis note ot llic 4th instant,* I .stated tliat your Lordship rciirelted
i!i;it liie President shoidd think you wanting in <'oneiliali()n, tiiat this was probahly due
til liin licinj,' unaware that hy lirilish Ian le<ii>la(ioii was necessary het'ore any British
v(•^^ul coiilil he excluded from any part of tlie hijifh seas.
Le2;islative sanction was also re(juired for any measures necessary for the jireserva-
liuii 111' the seal species, and Iler Majesty's Government have alwiiys heen williuf;' to
negotiate fur the adoption of such measures.
.\m rej;;irds the expressions attributed to your Lordshij) hy .Mr. lUaiiie in liis note,
I iiit'oiiiied hiiii that you did not reeogidze them, and that you certainly did not tliiidv
M.ii I'liidi! have used them in the context mentioned.
\o. :}")().
Sir J. Piiiiiiri'fdif ill llic Miiriiiii.i of Si/lishiin/. — (Siihutdiici' li'lfi/riijilicil, Jiiiin 11.)
My Lord, W'tiMn/jlon, June 11, 1830.
I II.VVK the iionoiu' to inclose copy of the note I'rom .Mr. Itlaine referred to in my
i(ii.^r:ini of (o-day, toi;ether with a copy of the reply which I have returned thereto.
I have, &c.
(Signed) .IILIAX F,\II.\CEF() TM
Indosure 1 in .No. :{.")().
Mr. litaiiie to Sir ./. Puuuccfnte.
Sir. " (IV(\///)ii//o,'/, ./«//(■ II, IS'JO.
I lIAVl'j shown to the President the extract from the telc<,nam of Lord Salisbury
"I tile !)th Jutte, in which his Lordship states that "it is beyond the power of Her
Miijo4y's Government to exclude British or Canadian ships from any portion of the high
M':i>, even i'or an hour, witlii>iit legislative sanction."
Not sto])piiiu- 1(1 ('(unnuiit upon the fact that hi> Lordship assumes the waters
-;iirir,uidiMg the I'ribyliilf i^-lands to he "the high sea-," the President instiucls ine to
Niy that it would sali^ly this (iovernment if Jjord Salishuiy would, by ])ublic Proclama-
liiiii, >iinp'y re<juest mat vessels sailing under the Hritisii Hag should abstain from
I'lilcriiig tin; Bebring's He:; for tin; present season. If this recjuest shall he complied
«itli, there will be fidl time I'or impartial negotiations, and, as the President hopes, i'or a
liicndly conclusion i'^^ the diU'crences between the two tJovernmeuts.
I have, &c.
(Signed) JAMES (). BL.MNMC.
. Indosure '2 in No. lioti.
Sir ./. I'liiiiini'olf to Mr, Jihiinr.
Sir, , [ViiMmjtou, Juiir II, 18'JO.
1 HAVE the honour to acknowledge your note of this day with reference to the
iwssiiire in a telegram from ihe Manpiis nt Saii-;bury which I connnui'.icalcd (o you at
«ur iiMcrvien of the ilth instant, to th' ell'ect ;hat "it is beyoinl the ]iower of Her
Mii.ifstv's (iovrrnment to exchide Hritisii oi (! nadian ships from any portion oi' the
lii^'li sens, even fur an bonr, uithout legislative sanction."
• Ser Jiid.isuri' I In No. 3G3.
480
You int'onii niu that wKlioiit (•oniincntin^- on tlie fad that his Lordship assumes the
waters surrounding- the PrihyU)rt' l>-hinds to ho the higli seas, the President instrucls you
to say that it wouhl satisfy your Government if liord Salishury would, hy jmhlic
Prochiniation, simply request that vessels sailin:,' under the Hritish flaj^ should alistiiin
from enterinc; tiie ]5ehriny;'s Sea for the present season. You add, if this recjuest slialiljc
complied with, there will he full time for inijiartial negotiations, and, as the l're>iiic'nt
hopes, for a friendly eonclusion of the diil'erenccs between the two (Governments.
I liave telegraphed the above communication to Lord Salishury. and I a»ait liis
Lordship's instructions thereon. In the meanwhile, I take this opportunity of informing
you that I reported to his Lordsbii) by telegraph tiiat at the same interview 1 again
pressed you for an assurance that Mritish sealing-vessels would not be interfered witli in
the Hehring's Sea by United States' Revenue cruizers while the negotiations conlinued.
but you replied that you could not give such assurance.
I trust this is not a fmal decision, and that, in tlie course of the next few davs.
while there is yet time to communicate widi the Comnianders, instructions will lie i-ent
to them to abstain from such interference.
It is in this hope that 1 have delayed delivering the formal protest of Her Majesty's
Goveriinient announced in my note of tlie 23rd May.
I have, &c.
(Signed) JULLVN PAUNCEFOTK.
No. 357.
The Marquis of Siilinburi/ to Sir J. Pauncefote.
(Telegraphic.) Forclfjn Office, June 11, 180l>.
IX reply to your telegram of yesterday, you may present the Protest.
No. 358.
Sir J, Pauncefote to tif Marquis of Salisbury. — (Received June 12.)
(Telegiaphic.) IVaMngton, June U, ]i^W.
WVjVVAUU^iG to my previous telegram of to-day, I presume that Her IMaiesty^
Government have no objection to refer to arbitration the question of the legal right uf
the United States' (Jovennnent to exclude I5ritish sealing-vessels from Behring's Sea.
If this bi' so, I should be glad to know whether they woidd consent that the proposed
Proclamation should be issued on the expres-. conditions that the United States' Gnvirn-
nient shall not interfere with our flag this season, and, if the award be against tlicni,
sliall at once pay damages for p a^t interference, and compensate ISritish sealers for losse-
sustnined liy them in complying with the I'roclamation.
No. ;!.•)!).
Tlir Mintjui.i nf Salishury to Sir J. Pauncefote.
(Telegraphic.) l'hr,'i,/n OJfier, June 12. l^no.
I\ reply to your telegram (A' yesterday, I have to state thai Ibeie are serious ccn-
stituliona! iliHiciiliies in tlie way of your ])roposal.
Hut it might save time i I', without prejiiiHce to either side, you could :isk tin'
Govei'ument of the ('nited S',.;'"s whelber, supposing Her Majesty's (iovei'niiieiit wiTi'
to aLrree to issue a I'melaniation, ami as to it- terms, the United Stales' ( loverKiiii'"!
will agree to the three conditions formulated by you, naun-ly, to refer (he legality "I
their jiriieeedings to arbitration, to abstain from any intirlVreuee with the Uritish
ilau-. aii'l. in ease of an adverse awaid, to pay for damages resulting from tliu
ProehinialioTi.
No, 300.
The Marquis of Salisbury to !iir J. Pauncefote.
(Tcl(':;rni)liii'.)
iUll'EHUlNG to my
terms on tin's proimsal we
foUowin;,' : —
"AVIicroas, the United
to ailiitrafion tlio legality
captures of Uritisli vessels i
('ni;a;,'i'(l il' tiie award slioi
past iiitcrlVreiice, but for ;
on this Proclamation. Ca
(iurins,' the present season
Foreign Office, June 12, 1890.
previous tele^'ram of to-day's date, if we eould come to
would sui,'gost some such kind of I'roclamation as the
States and Her iLajesty's Government have a,i,'reed to refer
of the action of the United States in makin;,' certain
n the Uehrinsj's Sea; and whereas the United States have
dd he adveise to them to pay compensation not only for
my loss arisin:^ from abstention from sealim^ consciiuent
ptains are hereby requested not to seal in Jk-hriug's Sea
No. :{(;i.
Sir ,/. Pauncefote to the ifarqttix of iSalisliuru. — [Peceived June 1.3.)
My bold. WashiiKjton, June 15, 1S!)0.
I H.W'IJ the honour to inform yoiirLordslii]) that, since the receipt of .Air. IJlain(?'s
note of tli(.' 20th ultimo, informiui^ me of the rejection of the draft ("onvention by h.'s
Government, I have l)een in constant communication Avith him, with the view of
coiniiii; to s<ime iiossibh; settlement of tlie Mehrin^'s Sea question.
tin the :?()th ultimo -Mr. Blaine informed me that lu; Avas to have an interview with
the I'resident, the result of which he promised to communicate to me as soon as
possilile.
1 accordingly received a note from him last nii^ht, a copy of ■wliicli is inclosed
herenitli, in wliieli ho states that the President is of opinion that an arbitration could
not l)e (•(included in time for this season, but he is anxious to know " whether Lord
Salisluiry, in order to jinMiiote a friendly solution of the ([uestion, will make for a
single season the Kei^ulation which in ]>!^^8 he oll'ered to make permanent."
Your Lordship will observe that the above proposal is identical with that contained
at the eon<'lusiou of ilr. JJlaine's note of the 2!(th ultimo.
In view of tlic receipt of your Lordshijj's teleijram of the .'Hst xdtimo, and
ill order to save time, I at once wrote a note, a copy of which is also inclosed, to
Mr. lilaine in rejily, in which I informed him that Her ^lajesty's (Jovernmcnt wen;
not prepared toagrcjc to such a llei^ulationas was siii^gesteil liy .Mr. Blaine.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Ineiosnrc 1 in No. lUil.
Mr. lilaine to Sir J. Paiinrefotr.
-My dear Sir .liiliaii. Department of Slate, IVusliinijton, June 2, TSOO.
f ILVN'M liiid a pi'olonijed interview with the President on the matters uiion
nhic'li ue are endeavouring to come to an agii'emeiit touching the fur-se,d question.
Tlie President e.vpresses tli(> opinion that an lU'bilration could not be concluded
ill time for this season. Arbitration is of little value unl(>ss it is conduet(.'d with
tlie must careful deliberation. What the J'residont most anxiously desires to know
iswlietlier Lord Salisbury, in order to promote; a friendly solution of the ([uestion, will
make for a single season tlic Itegulalion which in ISSS he olTcred to make |ierm;inenf.
i'lie IVesjdcnt regards that as the step which wilt lead most certainly and most
proniiiljy to a friendly agrci'uient between the two Cioverninents.
I have, itc.
(Signed) JAMES G. BLAINE.
(12HJ
3 Q
482
Inclosuic 2 in No, 3(51.
Sir J. PauHct'fotc to Mr. Blaine,
JJi-ar Jh". Blaiuo. IVdsliiiti/loii, June 'i, 1S!K).
IN reply to your letter of yesterday eveiiiiis^ toiieliiiii; flie rui'-seal ([uestioii, I 1k'|^-
to state that I am in a ])ositiou to answer at once the inquiry •• whetlier Lord Salisl)urv,
in order to promote a friendly solution of the (lueslion, will make Tor a simple season
tlip Regulation whieli in 1888 he oll'ered to make permanent."
The words whieli I (juote from your letter liave reference, n(» douhl. (e tlic
projjosa] of the Tnited Stales that 15ritish sealinu;-vessels sliould he entirely excliulwl
from the BehriuLc's Sea during the s<'al iishery season. J sjiall not attempt to (hseuss
here wliether what took jjlaec in the course of the aliorlive neu;(iti:itions uf ISSS
amounted to an offer on the part of Lord Salisliuiy " to make sucJi a re2;ulatioii
permanent."
It will sxilliee for the present jjurjjose to stale that the further examination of tJie
question which has taken place has satislied his Lordship tliat sueli an e.vtrcmi'
measure as that proposed in 1888 ijoes far lieyond tiie i'e([uirements of the case. Her
Majesty's Government arc quite willin;jf to adopt all measures whieli shall he
satisfactorily proved to be necessary for the ])rescrvalion of the fur seal spi-cies, ami to
enforce! such measures on Jh'itish suhjcets by ]u'i)])er IcL^islation.
But they are not ])repare(l to aii'ree to such a res^uiation as is smxjjested in your
letter, for the present Iishery season, as, apart from otlier considerations, there would
be no legal poAver to enforce its observance? on Britisli subjects and British vessels.
I have, ite.
(Sit-ned) .TULIAX i'A IJXCEFOTE,
No. 362.
Colonial Office to Furciyn Office. — [liereiced June 14.)
Sir, Doiunintj Street, June 1,1, 1890.
1 AM directed by Lord Knutsford to transmit to you, for the information of tiic
Marquis of Salisbury, a copy of a despatch from tlie Govcrnor-CJeneral of Caiiada,
forwardinf^' a claim from the owners of the "Pathfinder" for the iletention of that
vessel at Xeagh Bay in March last.
I am, &c\
(Signed) EDWARD WINGKIELD.
Inclosurc 1 in No. 3(52.
Lord Stiinlei/ of I'renlon to Lord Knut.iford.
My Lord, dnverniiient Honxe, Ottawa, Mai/ 20, IS'JO.
I lIAVI'j the honour lo forward herewith, for transmission to the United Stuto'
authorities, a copy of an approved Minute of the I'rivy (.'ouncil of Canada, to which is
attached a formal declaration of the managing owner of the Hritish schooner " Path-
finder," setting forth the particulars of the seizure of that vessel in Neagli Pay, in the
State of Washington, by the United States' Revenue cutter "Gorwin," and jirefcrrinij a
claim for damages to the amount of 3,000 dollars against the United States' Government
in consequence of the said seizure.
Your Lordship has already been informed in the Deputy Governor's despatch
ot the 2.3rd October last of tlie circumstances of the former seizure of this vessel
in Behriug's Sea on the 27th August last by the same United States' cruizer.
I have, &c.
(Signed) ST.VNIiEY OF PRESTftN.
483
cli shall be
iCL-ics, and tn
Inclosure 2 in No. .'»62.
R('li(irt nf II Coir.mitlne nf tlir Honoiirnble llie Privii C'oiniril, iiiiprornil hi/ iiin Errfllmaj the
Governor-Ganrral in Council on llip I2lli M»y, 18!J0.
ON' a Keport dated tho 2:!rd April, 1S90, t'roin the ^linister of ^rariiii." and rislicrics,
sulimittiin;', in connection with previous IJeports on tlio siihjcct of seizures of ]5ritish
fisliinii-vossels in the Behrinjj's Sea, -uid more partioularlv with referenec to tlie Minute of
Couucil approved hy your Excellency on the 14th Septenilicr, ISHO, dctailin": the circum-
stances (it the seizure of the sciiooner ' I'athrmder," a formal declaration of the manauinj^
o'vner ef the " I'athlinder," in which are set forth particulars of the suhse(|uont seizure of
(he vessel in Keauh l]ay, in the Stale of Washinj^ton, United States of A.morica, on the
c'venini;- of the -JTtli Marcii, 1S90, hy the I'nited States' Kevenue cutter "Thomas 1).
('(iruiii;" the Comniander haviiii;- recoi;iiizi'd the '' I'alhlinch'i- " as a ves-e! which iiad
licen soi/.ed in Hehrin^'> Sea (hirini;' the ])revious year.
Till' " Palhtindcr " sonj;ht .Veajiii Hay tiiroui^h stress of weather, and was underj^oirg
ri'iiiiirs at the time of lh<' second seizure, 'i'he vessel was towed to Port Towtisend and
lihiceil in charne of (itli(!ers from the Picvenue cutter, until released on the afternoon of
the L".ith Marcli.
The Minister further stdimits a claim advain ed hy Mr. W illiani Munsie, of Victoria,
l!iiti>li Cohimhia. merchant, as nninafrin;;- owner of the vessel in question, amounting to
I'l.OOl) dollars for loss resnltini^- and expenses hy reason of the seizure.
Tlie ('(immittee on the recommendation ol' the .Minister of Marine and Fisheries,
;iil\i>e that your Hxcclleney he moved to forwan' a copy of this .Minute, together with the
piijier lieiewith, to the Right Iloiiourahle the Secretary of State for the t'olonies, for
ininsinissiou to the Government of the United Stales.
.\ll which is respectfully suhmitted for your Excellency's a|)proval.
(Signed) J()H]S J. McCKE,
('lerl', Privy Conniil.
Inclosure 3 in No. 'M\i.
Dirlariilion of ^fr. IV. ^fllllxip.
lloniinion of Canada, I'rovince of ISritish Coh.nnhia,
f'ity of \'ictoria.
1, WILlilAAf MUNSIE.of the city of Victoria, in the I'rovinec of British Columhia,
nil reliant, solemnly and sincerely declare as follows: —
1. I am the inan.iging owiirr of the hereinafter mentioned schooner •' Pathlinder,"
iliily registered at (lie jiort of Victoria aforesaid.
'2. 'file said schooner is employed exclusively in the sealing husiness, and lel't the
poll of \'iciciiia on or ahoiit the ITlh .lanuan- last on a scaling voyage along the Paeilic
"last, sniilh of Vancouver Island.
;l. On or ahout the *lli I'^ehrunry last the ''Pathfinder" returned to Victoria tor
ri'piiirs, and sailed again for the same purposi" on or ahout the I'Jth Fehriiary last.
■1. On orahmithie-Jlird day of March last, when off Cape Flattery, the'"' Pathfinder"
I'liceuiitered a storm and hecame di^ahled bv the hreaking of the tiller-hand, and was
I'liii'il to liuil shelter in the nearest harhour. Xeagh Hay, in the State of Washington.
Iiiiteil States of America, lying ahout 9 miles from Cape Flattery, The " Patlilinder "
.iiii'lKired ill Xeagh I'ay on the I'tith .March last. On the evening of the liTtli .March, while
>till lying ill said hay. undevgoing repairs, an otlicer from the United States' Revenue
('inter "Thomas I). (Uirwin," iioardcd the " i'athtinder '' and askeil for the shi|)'s ]iapers.
I'iiose were handed (o him, ins[)ected hy him, and in reply to a (piestion hy the captain of
lilt' •• i'alhlinder" as to whether they were all right, he rei)iied that he woul 1 report to Hie
• 'ii|)tain of the cutter. Next nmrning the Cajjlain of the cutter sent an otlicer on hoard
'lie •• Pathlinder " with a reipiest that her ca])tain would go on hoard the cutter and take
lii^ jiiipers with him. The captain did so, and after looking over the (lapers the Captain
"I tile cutter said he recognized the " Pathlinder'' as a vessel which had heeii seized last
voir, and tiiut he must detain iier, as the law must he maintained. He then ordered Ih';
•iilitaiii of the " Pathlinder" to heave his anchor, and said he would take the " Path-
linder ' to (he nearest telegrajdi .-.lalion, which was Port .\iigeles. 'i'lie captain of the
" I'atlifmder " iirotested aiiiiinst being removed, and declined to hoist anchor. The
flL'S] 3 g 2
481.
Captain of tlic cutter replied that if lie did not hoist anchor men would he sent from the
cutter to do so. Upon this the captain of the " Pathfinder" went hack to his vessel and
ordered his men to heave the anclior up.
The " Pathfinder " was tlien taken in tow hy the cutter, and taken to Port Townsend.
At that ])lace two oflicers from the cutter were placed on board the " I'athfinder," and
remained in charge until the "Pathfinder" was released. The captain of the "Path-
finder " entered a protest from the office of the Collector of Customs, Port Townsend,
and als,) liled a protest with the Captain of the cutter. After doiii"; so he was per-iuaded
to withdraw hoth protests until reply had been received from Washington as to what
disposition would he made of the " Pathfinder."
5. The " PathliiuKn-" was released on the afternoon of tiie 29th March last, and
arrived at Victoria aforesiiid on the morning of the 31st March last.
0. By reason of the said seizure or detention of the " Pathfinder," her owners have
lost at least .1 week of tlie best ])eriod of tiic spring seasons for sealing. In consequence,
also, of tlie seizure and detention, a numl)er of the crew of llie " Patlitinder '' liave
deserted, causing inconvenience and loss in lilling their ])laces.
7. In respect of tlie said seizure and detenfion, and of tlie losses thcrehv residting,
and for the expenses incurred hy reason of such seizure or detention, 1, as manai,'ing
owner of the " Pathfinder," claim of and from the (Joverninent of the United States as
damages fhe sum -'5,000 dollars.
And I, William JNIunsie, make this solemn declaration, conscientiously believing the
same to he true, and bv virtue of the .Vets respecting extra-judicial oaths.
(L.S.) (Signed) WM. MUNSIE.
Declared at the city of Victoria, liriti^li Columbia, this :)rd day of April, a.d. 1890,
Before me,
(Signed) .\uTiiiiii L. Bki.vka,
A Notary Public hij Roi/nl Aiilhorlli/ In inid fur tiu-
Prorinsp of lirlllsli Colimibin.
So. 303,
iS/r ./. Pnuiicotnle lo the Mnrijiiis of Snlishiiri/. — (Rereivi'd Jnni' Hi.)
My jjord. Wiiiliini/liiii, June ^t,^f^'M.
WJTII refereuee to iiiy despatch of the 3rd instant, J have the honour to
inclose copy of a further note wbit-li 1 have received from Mr. Mlaiiic on fhe sidijectof
the proposed exehisiouof JJritish sealers from Behring's Sea during the present season,
together with the reply which I have sent thereto.
I have, ..tc.
(Signed) .1. PAUNCEFOTE.
Inclosure 1 in No. 3()3.
Mr. Blaine to Sir ./. Paunrcfolr.
Sir, Department of Sliile, iVnsliimjIon. June l, IH'JI)
I JIAVE yoin- favour of the 2i!d instant.
The President sineendy regrets fliaf his considerate and most friendly proposal for
adjustment of all troubles eoiuieeted with tlie Hehriiig's Sea should be so promptly
rejected.
'J'lie ])ai'agraph iii your note in wliicdi you refer to l,ord Salisbury's povjtioii needs
explanation. I (|Uote it in full: —
"It will sufllee for the ])reseiit purpose to stiife, that the I'lirther e.\auii nation nl
the question wliieh has fiiken jdaee has satisfied his Lordship that such an extrcinc
measure as that ])i'opo<ed in 1K.S8 goes far beyond the rei|uiremeufs of the ease."
I do not know what may have been the " examiuatimiof the (|U(>stion" that "lias
satisfied Ii(U'd Salisbury that such an extreme measure as that |U'oposed in 1888i;ot'S
far beyond the re([uirements of the case." I only know that fhe most extrcnii'
measun! projiosed came from Jjord Salisburv himself, in sugLresfiiii; a close season as
far south as tlie IZtli parallel <>( latitude. fo"last from the lotli April to fhe 1st October
in each year.
ivpresen
It
10 mile:
young, j
sealing.
If that
at (iiKM
tlicy wi
I'liiteil
Till
"11 al
tlioiis;
Similar
the wi
pi'odiKM
oceans
lii'CJiuse
'iovcriii
|H'rlia|is
a valii:ii
I
thf ;!0||
tol;il nil
tlic lot;i
Mr. Till
>ioiK
I'l.'iiiii, II
ll liiii
He ;in. (
incroas,.
II
M'als ill
Hill 11(11
oflicial
rt^jicctl
48.-)
' owners have
At (Ik; close of his nog')tiiiti()iis witli Mr. I'liclps, in .September 1888, liis Lordship,
.still Hiiprovinf^ the " measures to prevent the wanton destrnctioii of so valuable an
indiistrv," (li.'clared, apparently with reirret, that ''the Canadian Government objected
lo aii.v such i'(!strietions " {i.r., as those whieb bis Lordship had in part ])ro))osed and
nlioily approvi'd), and ihat, " until its consent would be obtained, iter .Majesty's
(liivcnnnent was not willini,' to enter into tiie (.'on vent ion." It is evident, tlierefore,
that ill b''*^'^ Lord Salisbury abrujitly closed tlir ii(>i;otiatioiis because, in his (Avn
]ilii';i>i'.
' till! Canadian (lovcrnnieiit objected." Me assii'ued no other reason whatever.
;>ii(l, until yom- note; of the tJnd was received, this (iovernnicnt had never been informed
tiiat liis Lordship entertained any other objections than those ''xpressed in Si'pten;ber
18SS.
It is pro[)er to recall to your recollection that nt divers times in persmial eonversa-
tiiiii I have proi)oscd to you, on beliaU' of this Covcrnnient, a close season materially
slioiter in ])oint of tnsie (ban was voluntarily olfcred by Lord Sidisbnry, and much less
cxtciided in point of spae<\ fnstcad of i^oini,' as far south as the 4Ttb parallel, I have
fivi|iiciitly indicated the w illin^'ness of this (Joveriiment to take the dividini^ lino
lii'lwi'cn tiie l';icilic Ocean and tiie l?chrinu;"s Sea — -the line which is tam^'inil to the
siiiitlicrninost island of (In; Ah>utian j^ronj) — bein;,' as near as may be the .jOth [)arallel
of north latitude.
Marly in .Vpril you will remember that you suifijestcd to mc the advantage; that
mii;ht follow if the sailintj of R(!venun cutters for Jk'hrini^'s Sea could be post|)oncd
till the middle of May. Thouijh that was a ni.'itter entirely under the control of the
Treasury l)e])artuii'n(, Secretary Windom ))romptly (;om]died with ycnu" request, and
liy tiic President's dir(M'tion a still Ioniser postponement was ordered in the hope that
sdiiii' form of equitable adjustment mii;lit be proposed by Her ^fajesty's Government.
Even the Ivevenuc cuttm- Avhieh annually ])asses thiTjii^h i{ehrinu;'s Sea carrying
sui)]ilies to the relief station at Point Barrow in the Arctic Ocean — 72nd deijree of
iKirtli latitude — was held back, lest her apj)e;iran.c(! in Hchriui;'s Sea mii^ht be mis-
ropresented as a non-observance of the understandini^ between us.
It is perfectly dear (hat if your claim for J5ri(ish vessels to kill seals within
1(1 miic' of the I'l'ibylolV Islands, directly after the mothers are delivered of tiieir
ynuii;;, should be i^i'anted, the; Hehriiii^'s Sea would swarm with vessels enu:ai,'ed in
sealing', not forty or fifty as now, but many Inindrcds, (hrouj:h the summer months.
If that ])rivil(!i;e should be u;iven to Can;idian vessels, it must of course be conceded
.it (iiice to Anu'rican vessels. If th(> rookerii's arc to be thrown o])en to Canadians,
tlicy Would certainly, as matter of common rii^ht, be thrown o])en to citizens of the
I'liileil States.
The seal-mothers, which re(|uire an area of fi'om U) to .")() miles from the islands
nil all sides to secure food for their youni;, woidd be slauufbtered by hundreds of
tiioiisands, and in a brief sj)ace of time then! would be no seals in the Uehrini;'s Sea.
Similar causes have unif(U'm!y jiroduced similar elVects. Seal rookeries in all parts of
tiip world have been destroyed in (liat way. The ])resen( course of (ireat Britain will
)ilii(liice the same elVect on the only seal rookei'V of any ^alue left in the waters of the
(lecaiis and seas ol the t^hdje. The I'nited Stati's have leased tiie ])rivili'u;e of si.'alinij;
lii'canse only in tiiat way can the rookeries be pres^•r^■ed, and only in tlia! way can this
lliivi'iimicnt derive a rc\(nue from the I'ribylotf Islands, (ireat Ib-itain wo:ild
iiorliaps i^faiu .something' for a few years, Init it would be at tlu^ expense of destroy inn;
:i viihiahle interest bidon!,'int? to a friendly nation, an interest which the civilized world
desires to have preserved.
I observe that you (|Uotc Treasury Ai,'en( George IJ. Tiiiijle, in your despatch of
till' l>()||i A|iril, as showinii; (hat, notwithstandiii!,' tln' depredations of ni.'iraudcr.s, the
tiital iiuiiilicr of seals had iiicnvisi d in the J$eliriny;'s Sea. The rude mode of estimating
till' Intal number can readily lead to mistakes, and other at;ents have dilT'jred from
Mr. Tiiiu'lc. But, asiih" from the correctness or incorrectness of ilr. Tingle's conelu-
Miia.- nil that point, may 1 ask upon what i^'rounds do the Canadian vessels assert a
il:iiiii, unless they assume that they have a title to the increase of the si'.al herd 'r If
llii' claim of IIk; Tuited States to the seals of tiie i'ribylotf Islands be A\(dl foiind(Ml,
wi' ail' eer(aiiily entitled to the increase as mutdi as a sheep-grower is entitled !i) the
increase of his lloek.
Il.iving inlrodiieed Mr. Tingle, who has very extensive knowledge touching the
^'■als ill Hehring's Sea, as well as the habits of the Canadian marauders, I trust you
^vill uiiv discredit his testin ony. The following statement, made by Mr. T'iiii,'le in his
oflieial Report to the Treasury IJcpartnuMit at the close of the season ol ISSJ, js
fi'^peet fully eoiumciulod to your consideration: —
iSC
" 1 am now eonviiicod, from what [ gatlier in ([uostioning tl\o mm bolonifiii'^' to
I'aptnrcd sclinoticrs, and from rcadinLf tlio loi^s ol" the vnsscls, that not more llinii one
seal in Iru kiUcil and mortally wounded is landed on tlu; boats and skinned ; llius you
will sec tile wanton dcstj'nction of seal lil'c without any heiu'lit wiiatovcr. I (liink
3(),0(t() skins (akon this yoai' is a low ('stimate on this l)asis; ;50(),()()() fur-seals wciv
killed to secure tliat num'ner, or three times as many as tiie Alaska Conuiu'rciaj
Coinpaiiy are nlioweil by la\\ to kill. You eau readily see that this ^,n'eat slauLtiitci' iil'
seals will in a few years make it impossible for 100,(1(11) skins to he ta!.<Mi on the i>;|;mi|<
by the lessees. 1 eariu'stly hope more rin'orous measiu'es will be adii])ted by ilic
(iovernment in dealiuii' with these destructive law-breakers."
liolli of ^!.r. 'rin;ile's stat.enu^nts are made in his ollleial capacity, and in Imlli cnsi's
he had no temptation to state anvthinu; ex :ept what he honestly bidie\cd to be tlic
truth.
'I'be {'resident <loes not conceal his disap])ointmenl that, even for the siikc dl'
sc'ciu'ini;' an impartial arbiiration of the question at i^sue, Her Majesty's (iovermnriit is
not williui;' to suspend for a sii.;.;le season tlu! praetiec; which Iionl Salisbury dcserihcil
in Isss as " the -wanton destriu'tion of a valuable industry/' .and whicli this (lnvcrn-
nient lias uniformly reij;arded as an luiprovokcd invasion of its established ri^lits.
I have, &.C.
(Si!,'ued) .lAArKS fi. HLAINi;.
Inelosure 2 in Xo. 303.
fsir J. I'ltuncefoir to Mr. lilnine.
Sir
WunhirKjInn, .liiiu- (i, 1 1^1)0.
I II A\' i; thr- honour to aeknowle(li,'e the receipt ol your oilicial note of tlii^ kli
instant. <'onunentinir upon the reply which I returned to the incpiiry contained in your
letter of the :2nd instant, whether tin; .Marcjuis of S.ilisbiu'V would, in order to prinivitc
;i friendly solution of tlu- fur-seal (]ui'stion, aij;r(?e to the total ex<dusion of Hiitisli
scalers from the l?ehrin!.!:'s Sea duriuL,' the |n'csent fishery season. Vou expre- seil tlii'
reyret of the President that "his eonsiderate and most friendly proposal for tlic
adjiistnuMit of all trouble eouucjeted with the iSidirini^'s Sea should be so promptly
rejected."
I have this day transmitted a copy of your note to Lord Salisbury, and, iieudinu'
fiu'ther instnu'tions, [ will abstain from pursiiinp: the discussion on the various points
with which it deals, csjiecially as the views of Her ^Alajesty's (iovernment on the main
(piestions involved are stated with Ljreat precision in Lord Salis])ury's d(;spateli of the
22nd May, which I had the honour to read to you yesterday, and of wliieli, in
iiecordance with your desire, I hift a cojjy in your hands.
I woidd only observe that, as re^'.ards the sufru'ieney or insuflieicney of the mdiiis
of .10 juiles arotuul tlu; ro(jkories '' within whi(di iter .Majesty's Government iti'oposi'
that s(>alei's should be excluded," lu) opportiniity was a ITorded nu' of discussim,' tin;
(piestion bel'ori! the proposals of Her ^Majesty's (iovernment were summarily rejected.
I may mention also thiit 1 fear there litis been some mi.sapprehen.sion as rei,Mf(ls :i
request wliich you ap|)e;ir to have understooil me to make resjiectim^ tlii' dtite of tlii'
sailinn' <>f rm'teil States' Jieveniie eutter> for H(diriiu;'s Sea. I have no recollectiDii
of having' made .any siiifLcestion with reference to those lievcmie cutt(;rs, except tliiit
their Commandei's should receiv(; exiilicit instructions not 1o apply tin; Munici|)al ha"'
of the L^niled States to liritish vessels in ISebrinn's Sea outside of territoriiil waters.
1 have, &e.
(Sii^nied) .7. I'AUNCEFOTK.
No. 304,
Colonial Office to Vorciijn Office. — {Rcirived June 18.)
Sir, Downhiij Street, .Tune 17, If^OU.
1 A.\I <lirected by Lord Knutsford to transmit to you, for the information ot ilw
Mar((iiis of Salisbury, a copy of the Annual Report for 188!( of the Canadian Ministi r nt
Mariiu; and Fisheries.
I am to call attention to the Report on the fur-seal fishery.
I am, &c.
(Signed) JOHN BRAMSTON.
■487
the .s:ik(' of
)\i'rniiii'iil is
iiry (l('s('i'il)i'il
his (Jovi'ni-
ri-lits.
Inclosure in No. 364.
Etiiiirl fioiii the Annual Report of llir Department of Fisheries. iJoiiiinion nf (hnaihi, for
the calendar year 1H89.
Marine Furs.
Till- Kcturris sliow an incrfase in the cnlcli this soiisoii of ij,/),"*; t'lir-sciiiskins,
and l»i'nt}-liv(! si'ii-ottcrs. TIiiTo wore 1,'.)"JJ iiimc sealskins taken mi the coast
liv iinr vessels than in 18H8. anil L'.o5t< more hy t'orei;;neis. who sold their eatehes in
Mctiiria.
The following Tabic shows the detailed eateli of the sealing lli'et for this season : —
I'lKintN showiniJ Ihe Niimher of N'essels, IJoats, and Men enf;ap;ed in the Marine
F,ir Fishery of British Cohnnhia, with the Products and Values, for the Season
of 1880.
1
<*-
i4^
— v.
■?,'C
£-y.
1
Niimc .it Vesst'l.
Numc of Owner.
1
o
u
a
c
s
y.
n
rr. —
3
Value.
Dollnrs.
I'a'.liliiidi 1 . .
Came and Muiisie . .
6B
21
012
48
990
9,900
Viva
». ,, , ,
92
fi
22
1,4H1
2.182
3,003
30,030
M.irv Tin lor
1. ». • '
■12
11
25
7IH
, .
748
7.480
'riiiriMi
}tal)l>in<^ti)ii iind (*<>. . .
03
7
23
482
828
1,310
13,100
AiKiii- C. Moore , •
C. llaeliott
213
(
23
H02
1,31H
2,120
21,200
I.ilv
Morris Moss
70
IH
•11
500
532
1,032
10,320
l'nn>](t|i-
,.
7n
6
21
3»1
1,709
2,180
21,800
l.m
im
13
20
280
74
354
3,540
Sujipliiii'
K. ]i. Minvi,,
123
25
52
1 .30 1
1,020
2,9!I0
20.900
Aumiii
Ailolpli Waslmru-
41
13
38
810
8H1
8,109
•'iiariitu . . , ,
Hall and (incprl
40
13
2 'J
135
29
101
1,040
Ariel
K. W. liuekniuu
'JO
G
22
931
1.400
2,331
23.340
Kiili-
C'lia". .SprinK
58
10
•, 1
021
800
1,121
1 1,240
lav.iiiti-
^
-n
10
25
340
1,704
2.104
21,040
Mii-ji.' Muck
J. D jdrt . .
70
25
777
1.200
2,007 1
20,070
W. 1'. SiivwurJ
J. I). Warren
53
12
20
•JUi
1,043
2,200
22,000
Miuiiio . . . ,
Victor Jaeobseii
U
10
21
200
500
700
7,000
M"mitiiiTi Cliiff
.. ., • .
20
5
13
210
..
210 1
2,100
\\ iimiiTcr , . , ,
II. I'ayton. .
15
15
178
, ,
178 ■■
1,780
llU'k Diimiond
M. .Moss ,.
HI
12
20
029
55
CS4
0,840
Utiitript- , . , ,
Wm. Grant
67
7
22
500
700
1,200
12,000
sinra
, ,
10
t>
5
80
, ,
80
800
\^ iiiil'iv.l . .
• •
10
2
5
0'>
•• 1
22
220
1,1!)!)
213
550
12,985
I0,,585 '
29,570 ,
295.700
Sii-ipiicr riiiii;lil liy sealing tloet, 15, ill 100 dollars each
I'stlniati III' .seals |)urelii>scd t'loMi Iniiians
neii-oUir purcliasicl fro:ii Indians, 100. at 100 dollars each
hair seals. T.MOd
(iriind total liy (.'aiiiidiiin vessels ,.
4,000
1 .500
10.000
10,000
2,025
33,570
349.825
48S '
Fcii-Sn.M.s caiij^rht by Foix'ij;:n Vessels mid disposed of in Victoria, Jlritish Columbia.
NuiuIh r i>l'
NninbiT of
NniiiL' (il
Vcf-Ht'l.
SeiiU ciuiulit on
Hrili«h
Cnluniliin iMKist.
SwiIh cmiyht
in
Bclirin;^'« Sc.t.
Toti
I XiinibiT
• .Soiri».
'I'ntal Viiliu'.
I)oll«r*.
Walter 1.. i;ic!i .,
. . .\na'i'ican
1,1 lil
1,1 111
It.l.iil
Sun I)i('i4ii
(i'.l
..
61)
ll'.IO
T. 11. I.cwi-
L'42
• •
243
2,120
Vrnliiie ..
.■(17
317
.■1.170
Allii' S. .Mu'.r
2,0:1
iifiil
2..').'!0
Huirv liinins
IS
700
718
7.180
Lottie
, J
(•.2.1
(123
0.2.10
M(,llio .\il:im«
, ,
1,'>5.1
i,r,r,:i
M.fillO
Bessie Itiil-fi-
, ,
.V.'.i
.'.2.-)
■1,2.10
AiUk' . .
. . (u'niiiiii
■ foriM^^iicrs
2111
l.ir.7
1,707
1 7,070
Tot il li.
2,^")S
1,S7U
7,42H
ri.2»o
It will thus 1)0 st'i'Ti tliiit tliiMT are iiioi^e vessels in (lie trade than last year. This
was on aeeoimt of an antieipatod settlement of the ikdirinif's Sea ((iiestion. The vessels
had licen iirevjoiisly pnrehased on the Atlantie eoast for the ])nrpose of proseciitiii;; this
trade in I5elirinn''s Sim, hnt when tliey reaelied this coast and found the <jueslion was still
unsettled, thev jiaiil more attention to hunting on the coast.
No. 305.
Adiiiinillii to Fdieli/ii O/firc — [Received Jiiiip -0.)
Sir, Jrli:i!nilli/,Jiiii(' v.), 18!I0.
I A.M eoniniaiided hv the Lords Commissioners of the Admiralty to transmit, for the
perusal of the .Secretary of State for Kmeigii Alliiirs, copies of two letters from Captain
HultoM, of Her Majesty's ship " .Ampliion," respectini; the JJeliring's Sea fishery.
I am, &c.
(Signed) EVAN MACOREGOK.
Inclosurc 1 in No. aC).
Captain Hulton to Admiralty.
(Extract.) "Ampliion," at Esiinimiilt, Mnii 28, 18!)n.
WFTII reference to your recent telegrams to hasten the rejiairs of Her .Majesty's
ship " Ampliion,'' if possible, she being very much rei|uired, and your inipiiries as lo the
movements of the sealing fleet to Hebring's Sea, I have (he honour to supplement inv
telegraphic replies as follows: —
I inclose herewith a list of the sailing-schooners cleared from Victoria for (his
season's fishing, and about to clear, furnished mo by the Ijieiitenant-'^Joveriiiir, liis
Honour lluuh Nelson, in reply to iny letter of which a cojiy is attached.
The sealing' ileet have jusl aljouf finished their coast calching, moving slunly up
from the Califoniian coast, and are now midway betneeii ('laya(ptot Sntiiul and tin'
southernmost of the Sliuinanan Islands.
The vessels mostly cleared in I'Y'bruary and March, and \'v.\\ of them retiini till
the autumn unless in distrc-s of some sort, owing to difliciilties with their crews, with
drunkenness and desertion. Oin" or two vessels communicate with them from tiiae lo
time, briiiiiing hack the catches oF skins. &c.
As they work north they replenish at a sealing store in Clayatpiot Sound, anil 1)}
tlie end of .lime they have all assemhled in the Sluimagan Islands, and are mostly to
(1 in Xiirth-lvist Harbour, on the southernmost but one of the islands of that
be toun
groni
A second ])(iint at which the vessels are then to be found is at Sand I'oii
,00' to the northward of North-lilast Harbour, where the vessels beach to cl
repair, revictual and water.
'oint, iilKMit
lean ami
Columliia.
I'Dtul Vlll.iC.
Dolliir<.
II. I. Ill
Ci'.M)
n.iTii
•.',.'i;io
7.1 Hi)
i;,'j.'i(i
5,2.')()
17,070
n.^Hii
yanv. Tliis
'I'lie vessels
ecutinj; this
lion was still
r.», 18!I0.
iismit, for the
from Captain
shery.
:gri:gok.
480
A lliird l)nrboiir which thoy use, a little north of Sand Point, is) Fulmouih Hnrbour,
lull it is smaller, and not ho much frc(|uente(l.
Aliout the L'dlh June a small vessel (prohahly a small steam-tu;;) will po up to
the nliove rendezvous with letters, &c.. and to receive skins; she would arrive there
alidiit the 27 th or 28th .June, and the schooners W(udd au'aiii weiu'h and <ret nnionj!;st the
sciiN, workin;; their way to the jias'^es, principally the Unimak and the 7-nd Pass, as it is
calhd (IT"-" west lonj^itude). Tl'.ese passes the vessels all f?o throuj;!! between the 1st
and 10th .lidy.
'Ihe tnne the vessels are in the Behrin^f's Sea is from the 1st or KHh July to
aliout the loth or "Olh Sejiteinber, lhon;r||, if a vessel is lucky, she has frciiuently left by
the latter half of August, not to return ayain that "^cason.
InelosiM'C 2 in No. 305.
Captain Ilullon to Lioulejiant-Gorcnior AV/.so«.
Sir, • " Am])liioti;' at l':s(iuimaH,Mati2^,\^W.
1 HAVE the honour to request that you will he jjood enou;;lt to in'tri.ict the
riilluciiir of Customs to furnish me as (juiekly as pos.sihle with adelailed list of the sealing-
vc'sscis owned hy liritisii suhjects ilint have been ckared for the north ^iiresuiiiahly for
lliliriuu;'s Sea) for tiiis sinnmer's sealiu<j.
(^!i the li>t, 1 am anxious to have shown me the tonnaj:;c and rij; ol' Ihe vessels,
nnnu's of the captains, numbers of their crews, and the names aiul addresses of their
oiuiers ; and I further ref|ue>-t that ihe Collector of C'lislnms may be directed to give nic
• very a,--sistaiice in j-ctting the fullest information possible.
I have, &c.
(Si-ned) II GREY HULTO.V.
Inelosurc •') in \o. ;5<j5.
Special Memorandum for Liputenanl-dovrrnor Nvlsoii,
^\.
Skat,in« Vessels elear^'d for I5ehriii!j;'s Sea.
',, 28, 1890.
iler ^hijesty",s
iries as to the
iiliplement my
•toria for this
Governor, his
,'ing slowly up
;)und and liu^
em return till
eir crews, with
I I'rom time to
Sound, anil h}'
are mostly to
islands of thiit
d Point, about
to clean ami
No.
ScllOOIUT.
Master.
To, s.
( rew.
1
.Iiinnit.-i, no*v Masoot ••
L. (Ils.n
•II)
4
■2
ltliicl< llinimmil, iioiv KiClinriiH'
ll.SmiU
HI
5
;;
.Mnllir Aihims. iimv E. If. .Marvin .. ,.
R. K. M<Kp.11 . .
118
2:>
■1
Walter I-. Uich ..
II. V. Siiwiiil ..
7')
23
.1
OivmUdlf
\V. (). I.u.iry ..
sr.
23
i'>
Villi iiri' . .
J. Mil.. ml
4S
4
7
\V. 1". Savwaril ..
(! It. IViov ..
10
7
H
.Sra l.irjM . . . . . . ,.
K. Ma^iH'si'ii , , , .
.10
21
'.1
'riiutii])!) . . , . . , . .
('.(•<»;
OS
20
III
M .•.'•„'H. Mack ..
.lolin .M. DmM ..
71
21
11
Minnie ..
V. .lanths n . . . .
16
10
\2
^ap])hin' . . , . . . . ,
\V. Cox
f.'li
'■»
l;i
iM iiy 'J'uvliir
.1. I)a>rii|)nit . .
•l.'l
:t
II
l.ilv
a. .MeD.naM ,,
60
G
l.i
.\iiioia . .
!•■. Ilaro.l
41
4
n;
I*> ni'Iopt' . . . . , , , .
.\. C. {•'..l-er ..
41
20
17
TiuTi'sa . . ., .. ,, ,,
.lolni Sliili-
til
:;3
IS
l''aM)riti.'
I,. McLean
lU
C
1')
Vi>a ..
\V. i;. li.iker ,.
92
23
20
M.irv Kllcn
II .Mel.ean
Cil
27
•21
Muuiitaiii Cliii r ..
.Innies NeHa«siim (lndiniii
2 1
5
■22
^'t'l'i.i ,, ,. ,, ,, ,,
'I'liiis. C'leetiiuillet (Irnliai.)
2.i
r,
21)
Knic
O. 'riiomuM
.18
5
2i
Wniidcrer . . . . . ,
Ily. I'axion
26
Alinnt to
clear.
[128]
The before-mentioned nil of Victoria UcgiBtrj-.
3 11
4'H)
These last-incntioncd ni
Registry at Ports named.
No.
Schdimcr.
MuHtrr.
Tiinii.
Crow,
2S
•26
27
2H
Annie C. Mimri' . . . . ..
Avii'l
('. II. Tnp|KT
Hcutri V , . . . . .
.. ('. lliu'kitt, nl' Slirlbuuiiic,
Nova Sc.tin
.. .loliii Itiilly, of St. Jo!iir«,
N(>\vt'rinn<llinHl
.. ('. S. Krily
. . ! ('. Ki'cl'c .. ..1
117
•10
ip'i
1 -^
7
il
.1
20
no
Of Slinnjjliao. but of Uritish Registry.
Curnielitf
I« overdue from lliilifiis, l'iii'iiculiir» not an yet
outiiiimblc.
'{"lie following of Foreign Registry.
Allele . . . . . .
Gorman, l I'gntiri'il at Shan;;li;ic.
.. 0. W. O. IInn«h
And mmie five vi'kscIs of United Sliiti"*" si'iiliii;r.»c||,ioni'i< lljat make tlii* their pint nf (leiiaitniv.
(Signed) A. 1{. MILNE, Collrrlnrnf Csioms
Inclosiiro 4 in No. 'M').
Further MnnoniiKluni in re Spr(/rc.v Inr Captain Hiillon.
Xo.
Sc
lociuer.
1
•liiaiiita, now Ma
cot
.Idliu Kin-niaii
111 shales.
.)
Itliek |l|ain>.n<!.
inw
Kalinirine
■Idlin L. I'limv
Diito.
3
Mollie A<lani«. n.
.«• 1
. U. .Marvin . .
.Ii.l.nC. fox
Mairi^in*; owner.
4
I'allitiniler, niiw
'ioneer
William Munsie
i)itto.
5
Wulter 1,. Hieli
, ,
(.'harlis N. Cameron.,
Ditto.
(1
Ocean Helie
, ,
•luhn Kin^Ulnn
Ditto.
7
Venture'. .
, ,
I)< nald Urquli.'trt
Ditto.
!l
W. P. Saywnrd
Sea l.iiin
••
Anilrew I.ainn
(leiir^e Collins , ,
Ditto.
Ill shaivs.
10
'I'liuinpli
, ,
John (t. Cox . ,
Maiia:;inu owner.
11
Xlav-ie Maek
, ,
John lludd. .
Ditto.
12
Minnn- . .
, ,
V. Jaeiilwen
til shares.
11!
Snppliiie
, ,
John (}. Cox , ,
.\Iana(;iii;,' owuir.
.
M
XIarv Tuvlor
William Munsie .,
Ditto.
lo
Lilv . .
V. Jiicnhsen
Ditto.
Hi
Aurora . .
, ,
A. Wa^ller({
Ilitto.
17
I'eiu'lippu
, ,
Morris Mops , ,
Ditto.
IK
Theresa . .
, ,
1'. A. llahbini-ton ,.
Ditto.
1!)
I*'avoritP
, ,
Charles Spring
(i 1 sltares.
20
Viva ..
, .
Williinn Mwnsie
Munafiiiif; owner.
21
Mnrv Allen
, ,
Morris Moss
(11 shares.
22
Motnitain Chief
, ,
JauKK Newa.ssuni ,.
Mana;;iii;; owner.
21)
Sierra . .
, ,
'i'lios. Cheetniatlet . ,
Ditto.
24
Kate
, ,
Cliarii's ^■pri[lK
11 1 shares.
25
Wanderer
ilv. I'aMon
.Maiia^inj; owner.
2G
27
2S
2n
30
.■\nnie C. Moore
Ariel . .
V. II. Tnpp'.r
ileal riee . .
C'armeliti.'
Not leeorded in Victoria, li.C,
Ditto.
Ditto.
Diiti).
Ditto.
31 .\dc!e ,. .. .a ,, .\ German Vessel, regitercd in Slianglme.
The five United States' scalers nientitmed in List No. 1 are. of ennrse, i;ot of ivennl at Vieioriii, H.C,
Sole — Tlie arldress of all the above-mentioned owners is \'ieloria, 11. C.. with the i-.x-eption tff John I., rvniiy.
■ of the schooner " Katharine," whose address is Clayaqiiot Sounil, H.C.. viii Viitoria, li.C.
(Signed) A. ]{. JIILNE,
Collector of CustoiiiK and Ritjislrar of Sliippimj.
/.:•
H>1
■ ■ ■ ' No. 36fi.
77i'' Mtirinns of Salishuri/ In Sir ./. Paiincefote,
i.'.M.'t
Sir. luirnijii O/firf, .Tuvf 20, 1890.
I ll.W'I'l to iifkiioHlcdifi- your fl('s)m(('li of tho .lOlli ultimo, inrlosinir <""|)y of ii note
from Mr. niiiiiic. diitcd tlic L'iitli nlliiiio.
It i'oiiliiins ni'vciiil ri't'crc'iiccs lo coniuiuniriitions wliirli im^scil hftwot'ii tlio two
( IdvcMiiinculs in the t inn- of Mr. lUaiiic's prodcco-isor, c-pi'i'ially iii the s|)riiii;' of 1HH8.
Willioul ri'fcrrin;;- at prosi'nl to oilier |)ortion^ of .Mr. liliiinc'n note, I "ish only now to
jioitd out sonif iMTor in tlio iniprcssiniis which hi; 1ms itatlicrcd from the rt'cord-; in IiIh
iillici' with rt's)ic'cl to those coniniiiiiicatious. lie states Ihit on tho ii'tnl .\](ril of
:iiat year I iiilornuMJ the AincriiMn Char^t' dWlliiircs, .Mr. White, that ii w.-is i)ro|)i).sed
♦ii ^ivc I'lIV'ct to a Seal Coiivcntion liy Order in Coinieil, not liy Ai'l of I'arliainont.
Tlii'* "as a mistake. It was ver\ naliual that .Mr. \Vlii(e siionid not have approliended
iiu' eorreetly \\ hen I was (U'seriliin;; the soinewliat eoni])li(':i(i'ii arraii^cinenls hy which
Vurienn'nis of this kind are liri)ii;;hl into furee in I'^inland. Hul Imo <n- lluTe days
:itlrr the L'-'>rd A])ri) lie eaHed to make in(|iiiry on the suhjeet, and. in re|ily to his
i|iR-ti(iii,the i'olio»iK;^ letter was addressed to liiiii hy my iuslruetioiis :- -
.Mv dear Whiti
/'>
Lord Salishury desires nie lo ex])ress his re^rret that h
■uji
q/pr
llin
1888.
it yet in a position to
in.'ke any furiher connnunieation to you on tiie siiliject of the seal fl^lu'ries in Ueiiring's
Sea. .M'ter ii!-. interview witn yon and .\l. do Staal lie had to rehr to tlu> (,'anadian
(Invcrnuient, the Roard of Trade, and the Admiralty, hut lias as yet only ohtaiued the
o])iniou of the Admiralty. The iio.\t step is lo hriui;- a liill into Parliauunit,
On the 28lli Mr. White replied :—
BarriuKton.
Yours, &i
(Si^fiied) " l-^iiic !3.MU{i\<iTox,"
Li'f//ilion of III r Uiiili'd Sltilrs, Loudon,
April 28, 18.=is
"Thanks for yom- note, resi)cetiim' the final sentence of which, 'Tln' next step is to
liriuy- a Hill into I'arliament,' f must trouble you with u line.
" I understood Lord Salishury to say when I saw h'ln with JI. tie Staal, and
iiirain last week alone, that it is now projxjsed to i-ive ellecl to the Convcniional
!nrani.a'ment for the protet'tion of seals hy an Order in Council, not hy Act ol
iV.vl
lament.
When .Mr. Phcl))s left, llie latter was lliounht necessary, and last week I
ri'ceiveil a
tele;;rain troin the Seeretavy of State, asking- me to olitain C(
itiallv
iiiliy of the jiropo-i'd Act of Parli.iment. with a view lo assimilatin"' our eontcmpiated
.\(l of ("ouicress thereto. I re))lied, after seeiuir Lord Salishury last Saturday, that
there would ho no Hill introduced in Parliament, hut an Order in ( ouncil.
•'May i ask if this he now incorrect, as, in that event, I should particularly like to
lorieet my former statement hy this day's mail."
To this the following reply was on the same date addressed lo Mr. White : — ',
• .My dear White. " lu>,rl,,,i OJfIn; April 28, l.'^SS.
'• Lord Salishiu-y is afraid that he did not inaivO himself understood when last he
si'iike lo you about tlic Seal I'ishcries Convention.
" An Act of I'arliamunt is necessary to n;ive jiower to our authorities to act oa
liie provisions of the Convention when it is sii^iieii. The Order in Council will be
iiiiTely the nnicliiuery whieli the Act will |)rovide for the purjHise of briuj;;ing' its
jMovisions into force. The object of this machinery is to enable the (loveriiment to wait
till the other two Powers are reaily. Hut neither Convention nor liill is drafted yet,
liicaiise we have not got the opinions trom Canada which arc necessary to enable us to
in'oceed. ;.,_... , , .
" Yours, &c.
(Signed) " Enic Bahiiixgton."
'If 2
!t is evident from this corresjiondence that if tho United States' GovornuK'iit
»iis misled n|)on the 2r)rd April inlo the belief that ller Majesty's (JovernmenI
foiild proceed in the matter without an Act of Parliament, or could procL-ed without
[l:2x\ :3 U 2
492
previous reference to Cannda, it was a mistake wliich must have been entirely
dissipated by tlie correspondence whicli followed in the ensiiin"; week.
Mr. Blaine is also nnder a misconception in imaf'ininj; tliat I ever gave any
verbal assurance, or any promise of any kind, witli respect to the terms of the
projected Convention. Ilcr Majesty's (iovcrnment always have been, ami are still,
anxious for the arrangement of a Convention wliicii shall jirovide whatever dose
time in whatever localities is necessary for the prcservatiim of the fm-senl species. But
I have always rei>resentcd that tiic details must be the subject of discussion, a discussion
to which those who are locally interested must of U' cessity eontiibute. I find the
record of the following conversation about the date to which Air. Blaine refers: —
"The Mnrquis of Suliibiirij to Sir L. IVest.
•'Sir, "Foreiijn Office, Mmrh 17, 1S«8.
"Since forwarding to you my despatch of the 22nd ultimo, 1 have been in
communication with the IJussian Anibassiidor at this Court, and have invited bis Excel-
lency to ascertain whether his Government would authorize him to discuss with
Mr. Phelps and myself the suggestion made by Mr. Bayard in bis despatch of the 7th
February, that concerted action sboidd be taken by the United Stales, Ureat Ikitain,
and other interested Powers, in order to ])reserve from extermination the fur-seals
which at certain sensons are found in Behring's Sea.
"Copies of the correspondence on this (jnestion which has passed between M. de
Staal and myself is inclosed herewiiii.
"I request that you will inform Mr. Piayari'. of the steps which have been taken,
with a view ti> the initiation of negotiations for an Agreement between tlie three
Powers principally concerned in the maintenance of the seal Hsberies. But in so
doing, you should state that this action, on the part of Her .Majesty's Government,
must not be taken as an ailmissinn of tlie ri^bts of jurisdiction in Bearing's Sea
exercised there by the United Slates' authorities during the fishing seasons of
1880-S7 and l.*87-S8, not as atreeling the claims 'vbieh Her Majesty's Goveruincnt
will have to present on account of the wrongful seizures which have taken place of
British vessels engaged in the seal fishing industry.
" I am, &c.
(Signed) " S.\lisBuitY.''
In pursuance of this despatch, the suggestion made by Mr. Bayard to which
I referred wns di>cussed, and negotiations were initialed for an Agreement betHcen
the three Powers. The following despattb contains the record of what I helievc
was the first meeting between the Hepresentatives (jf the tin-ee Powers upon the
subject : —
"The Marquis of Salisbury to Sir L. West.
" Sir, " Vnrci(jn Office, April 10, 1888.
"The Russian Ambassador and the United Stales Charge d'.MIaircs called
upon mi' this alternoon to discuss the (juestion of the seal fisheries in Behring'*
Sea, which had been brought info prominence by the recent action of the United
States.
"The United States' Government had exiresscd a desire tlint some Agrecnient
should be arrived at between the tbri'e Goveiiiuui^ts for the purpose of prohibiting the
slaughter of the seals during the time of l;iij>.dmg; and, at my request, M. de
Staal had obtained instructions from his Government uii that ([uestion.
" At this preliminary discussion it was di'cidcd prorininnnlhj, in ortlrr to fuinisk a
basis for vrgoliution, and vithoul dojiniiirelij plcdiiimj our Uovvrnvicnls, that the space to
be covered by the pioposcd Convention should be the sea between America and Russia
norlh of the 47th degree of latitude; that the close time slupuld extend from the loth
April to the Ist November; that during ibat lime the slaughter of all seals should
be forbidden, and vessels engaged in it should be liable to seizure by the ciuizer'i (if
any of the three Powers, ai.d should be taken to the port of their own nationnlitv
for condemnation; that Um traffic in arms, alcohol, and powder should be prohihitcd
in all the islands of those seas ; and that, as soon as the three Powers had eoneluded
a Convention, they shoidd join in submitting it for the assent of the other Mariiinic
Powers o! the Northern Seas.
"The United States' Charg(5 d'Affaircs was exceedingly earnest in ])ressiug on us
the importance of disuatch on aeciuut of >llic inconceivable slaughter that liad been, and
io;j
!cn
en I i rely
;r gave any
iTiiiH of (he
nd aru still,
latcver dnse
ipocies. But
a (liscus.iinu
I Knil the
;rs : —
I, 17, 1SW8.
lave beun in
0(1 his Exct'l-
iliscuss with
li of the 7th
■ ri'at Britain,
(he ftir-SL'ttk
etwcen M. do
was still, going on in these seas. He stated that in addition to the vast quantity brought
to market, it was a couimon jjractice for those engaged in the trade to shoot all seals
they might meet in tiie open sea, and that of these a great number sank, so that their
kins coidd not be recovered.
" I am, &c.
(Signed) "Sau.siitjIiy."
It nas imjjo'^sihlo to state more distinctly that any jjroposal made was provisional,
and WHS merely made for the purpoosc of enaijling the re(iui-ite negotiations to proceed.
Thesuliseqiient discussion of these ])roposals was undoidjtedly delayed in consecpiencc of
the length of time occupied by the Canadian (Jovernment in collecting from considerable
(lisianees the information wliich ibey re(|iiired before their opinion on the subject could
Le thomiiglily formed, and after that it was delayed, [ bdieve, chiefly in conseciiience of
the |i(ditical events in the United Stall'- iiiconncitcd vith fliis ([nestion. I think it
desinihle to correct the misconceptions which have arisen with resprct to these trans-
actions; though 1 do not think that, evei! if the view of them which is taken by
Mr. lihiine is accurate, they would hear o'lt the argument which he founds upon lliem.
I shall be glad if you will take (lie opportunity of informing Mr. IMaine of these
corrections.
I am, &c.
(Signed) SALISUURY.
c been tiikcn,
•en the throe
But in so
Government,
5c';ring's Sea
:; seasons of
s Governnicnt
nken place of
c.
S.\USDU11V."
vard to which
■nient between
what I lielieve
vers upon the
n7 10, 188S.
Mlaircs called
i in Heluing's
of the United
me Agreement
prohibiting the
equest, M. de
er In furnish a
at I he space to
rica and Hns^ia
I from the 15th
,11 seals sh(in!d
the cruizer'i of
)Hn nalioniilitv
I be i)rohihiled
bad concluded
jther Mnriiinie
pressing on us
; had been, and
No. 307.
The Marquis of Srilisburii to Sir J. Pauncefole,
Sir,
Forei(jn Office, June 20, 1890.
I IfAVK rccc'vod your despatch of the .'ird instant, and i approve the note
winch you addressed to Mr. Blaine in reply to his inquiry whether Her Majesty's
fiovennnent would ccmsent to " make for a single soa-on the Regulation," as to the
killing of seals in Hehring's Sea, " which in 18S8 they offered to make permanent."
I am, &c.
(Signed) SALISBURY.
No. 308.
.Sir ./. Pauui-efote to the Mai quia of SalUbury. — {litreived June 2).)
(Tclei.irnpbic.') IVasliingtoii, June 21, 1890.
1 Il.WK (lie honour to .-cport to your Lordsliip that a telegram is publi.-ilicd in tlic
" Wiishiiiglon Post" newspaper of to-ilay, dated Port Townsend, in Washingtoi; fjlatc,
.uih dune, stating that the Jievcnue cutter "Corwin" arrived there on the 18th on its
wv to Beiaiug'.i Heii, and will await further orders. In the same telegram it is stated
tliiit the ''I'ash" is at Seattle, in Washington State, and is awaiting orders at tliat
irl.
No. 300.
The Marquis of SalisOury t.^ Sir J. Pauncefote.
Sir, Foreiijn Office, June 21, 1890.
I .Al'PUOVK the reply, inclosed in your ilespiftcu of the Otii instant, which you
ri'turned to Mr. Blaine's note of the 1-th instant, in regard to tho proposed e.xelusion
ut Uritish sealing- vessels from lleliring's Sea (luiiui;- the present season.
II is unnecessary, in view of the observations contained in my despatch of the
20th instant, that I should discuss at any length the eircumstuuees which led to an
interruption of the negotiations in 1888.
With regard, however, to Mr. Rhiinc's remarks that in 1888 I had abruptly closed
494
till' iic^otiatioiis l)oc:iusc " the Caiiailiiiii (iovormuent. objected," anrl that " I assi"n«l
IK) oilier reason Avliatever," I should wish you to call \\v. lilaiiu-'s attention to the
stateni(>nt o!' .Mr. I'lielps recorded in my des|)at(di to Sir L. West oi' th(> lird April,
Ls-^s', that "under tlu! |)e(!nliar political circuuistauces of America at lliis nioini'iit.
with a n'eneral election impendiiii;, it woidd he of little use, and, iinleed, hardly
j)raclieahl<', to conduct any iieLvoliation to its issui! before the election had take!.
place."
I am, &c.
■ ' (Si??ned) SALISBURY.
• No ;»ro.
Sir ./. Puitnct'fote to the Murqiiis of Salislntri/. — {Rcrcived June 24 )
My Lord. ' ' IViisliiiii/i,,.!, Jr.nt 'r- '»).
\\ rril reference to my telouram of to-day, I lia\e the honour !•• i.J.i •■ i juitli
copy of a ^leinoranihnn «hi(di I g.ivo (o Mr. Blaine at our intcivie'. o' ycstordav
on the suhject of the inahilily ot Her Majesty's (Jovernniont to exclude British
vc>sels from the liiiih seas witlunit legislative sanction.
I have, &c.
(Siftnod) JULIAN' I'AUNCKKOTE.
inclosure in No. ;')70.
MeniorcDidiiiii.
LOKl) SAIdSRUKY rej;rets that the Prcsidoit of the dnited States should tliiiik
him "antinr; in conciliation, hut his Lordshij) cannot refrain Ironi thinkin;; that tiic
President does not appreciati' the diliiculty arisinj; from the law of Enijliind.
Jt is entirely heyond tin' ])ower of Her .Majesty's Government to exclude ISriti-hm
Canadian ships from any portion of the hiijh seas, even for an hour, without le2:idiitivi
sanction.
Her ^lajcsty's (lovernment h:ive always lieen willing;', without pledging- thc;asr!vi
to details on the (|ueslioii^ of area and dat", to carry on nef;;()tiations, hopin!;' therc'v y
come to some aniinj;onient tor such a close season as is necessary in order 'o prcn '
the ^eai species from extinction, hid the jirovisions of sue!; an arrani^enient wouil al«ii_\-
re(|uire lei;islative .sanction, so that the measures tlicrcliy determined, may he eid'ni,: "I
liord Salinhmy docs nut reco,i>nize the expressions altrihuted to him. He doc-
not think that he can have used them, at cJI events in the context mentioned.
No.;'.71.
Sir ./. Ptnuirrfolr to the Marijiiiy 'if Siilisliury. — {lierelvrd June 26.)
(Teleitraphic. / H'lishiiK/inii. June "-'."i. 1
A LTllOl'ti II I Inne not yet received the Secretarv of State's ])romisc(l
your Lor(Khi])"s despatch of the L'l'nd idtinio, and thonj^h he refuses to proccl
the neyiitiations until that reply is delivered, I am inforp-ed that, he has aiiuoi' •
his intention of leaving; for the north in the course of next week.
I therefore venture t ) suf^irest that I may ' authorized to address at unco I'
^fr. Blaine an oliieial note, replyiny; to (he I'n ,i,'Mit's irupii .v. in the sense of ymir
Lordship's '■hf-vam of the i:.'lh uistanl, viz., that '..■ Issui! of.', I'rocdamatioti as prn|io-i'il
by the President involves dillicidtics of a ( "ontlitutiona'
and Her .Majc^tv:
Government could oidy consent to issue it as p rt of a general settlement, and on ll"'
three conditions named helo.v : -
I. That ihe (piestion (d' the Icjjal rii;ht of tlie '.'nited Slates' (ioverumeid to intor-
fere with l)riti^h scalinu-ves^els iji Indirinfi's S<'a he suhmitted to arbitration.
■J. That, peniiing the result of the arhitration. the LInite<l States' GoveruuK'nt wa-c
all intefference with rrilisli sealers outside of territorial waters.
4;.:>
n. Tli.at, it' the result of tlie arl)itriition be adverse to tlie I'liited States' (Joveniment,
r.riii'li iiuliject.s be compensated, not oidy for past inleiiercnce, but also for al' losses
in>iiiiiH' f''""i tlifii' eomi)liance with the Proclamation.
Xo. 372.
Colonial Office to Foreign Office. — {Ri-mn'il June 2(').)
(Extract.) J)niniiiiij Strcff, June 'IT), 1S<)0.
WTI'II refereiiee to |ircvious eorrcsDondenee, I am directed by Lord Knulsford to
tiaiiMuil to yon. to be laid before the Marquis of Salisbury, a copy of a despatch from
llic Gdvernor-Oeneral of Canada, forwarding an approved .Slinute of his Privy Council
leciiiiiniciicliM;; tiiat an assurance should be souj;lit from the United States that no
allc'iiipt "ill he made to inteifcre with JJritish vessels in Behring's Sea during the
iircsi'iit season.
xcludc British
NCKl'OTE.
Inelosure 1 in No. 372.
Lord Stanley of Prenlon to Lord Knutsford.
My bird, 77.T Cittidel, Qiiflte.; J.uif 12, ISOO.
AVrrii reference to jtrevious correspondence on the subject of the seizures of
f'liiiaiiiiMi scaling-vessels in IJehring's Sea, I have the honour to forward herewith a copy
III' an apjiroveil .Mii;ute of the Privy Council, embodying a Report of the Minister of
Marine and I'^isherits.
The Minister f(M-cibly |)resents the grievance sustained by Canadian subjects in the
iimrse pursued by the United Stites' authoiities in regard to this nuitter, and, in view
iif tlu' fact that another sealing season has opened without any intimation of a
»illii!ra«al, on tlie part of tiio United States, of their extraordinary claim to jurisdiction
II or tlic waters of tlie open sea, he recommends that an assurance Ije sought from the
iir'td Slates' (lnvernment by Her Majesty's (Jovernment that the claim to jm-isdiction
vo u the ;5-mile limit will be no longer insisted on.
I have, &e.
(Signed) STANLEY OF PRESTON.
Inelosure 2 in No. 372.
Itrjiorl iif (I Cnnimillep of the Honourable the Prim Voiiiicil, ajiprovecl hi/ his E.ieellniiri/ Ihr
dnreinur-drnernl in Council on the llh June, 18'J0.
ON a Report, dated tlie 6th .lune, If^KO, from liie Minister of Marine and Fisheries,
expressing reuret that it again becomes necessary to call the attention of your Kycelleney
t» tile long ])er"od which has elapsed since the illegal seizures of British sealiiig-vessejs
liy I'nited States' Uevenue cutters occurred, ami to the annual continuance of this
iniileslation :
Tlio ,^Iini^ter desires to remind your Excellency that the attention of the Impeiial
iiullmrit'cs aas fre(iuently been called to all the facts and cireumstanix's connected with
ill' ililierei.t seizures which have occurred since ISs,";, and to observe thai, iiotwith-
-iiiinling the ouiiiion of the liaw Ollicers of the {'rown as to the absence of any
iii-lilieation on llic part of tiie United Slates' aullioriiies for the acts complained of, and
it'^liite the protests of the Itritisli (loverninent which were presented to the I lovernment
I't tlie United Stales, the great wrongs to British subjects go unredressed. The .Minister
iioiiM especially jioint out that as yet llure has been no witiidrawal on the |iart of the
I 'iiteil States' authorities of the assertion of their right to ]irevent subjects of Her
M;iie>l\ IVoin engaging in hunting seals in the deep waters of lU'hring's Sea.
Tlie .Minister observes that intense embarrassment and (inancia! loss has been
i'XliiMiei:eed in connection willi the prosecution of tliis ])ursuit, due not only to actual
.iru'sts and nioK'slalion, but to intimidation caused by the attitiule assmned on the part
"t tile I'nited States, ever since tiie year 18(^/5, as regards the right of sealing in
Bcluing's Sea. As eviilcnce of the stronji; ilesirc on the part of jour Excellency's
advisers to corilially co-operate with tlie linperiiil aiitliorities in reaching, if possible, a
friemlly settlement, llie Minister recalls tlie fact that upon the urgent request of Her
Majesty's Government, the (lovernment of Canada agreed to a discussion of the (|uestion
of a close season for fur-seals in the Behriiitr's Si'a, notwithstanding the ))erpetrati()n of
the gross wrongs and injuries complained of hy Canada, and in the absence of any
definite assurance or offer of redress.
The Minister desires to refer to the Minute of Coinicil approved on the 13lli day of
March last, dealing at length with a note from the Honourable Mr. IJlaine, Secretary of
State for the United States, communicating the reply of the United States' CJovcrniiient
to a iii"test by Mr. Edwurdes, on the pint of the lm])erial (.iovernment, in October
last, a;, >i>i':i the seizure in 1;^8'J of Canadian vessels. After dealing very fully with the
question 'inntc went on to s.iy : —
"Kin , tiie desire of both Her Majesty's Government and the Canadian people
to maintain friendly relations as i)ossilde with the people of llic United States, the
Minister recommends that Her Majesty's tJovcrument be informed that your Excellencv's
advisers are prepared to discuss any proposed international arrangement for the proper
proteclicm of the fur-seal, but that before such an inquiry is completed they expect Ihat
the (piestiim raised by the seizures of Canadian vessels in the l$ehring's Sea shall be
settled according to the law of nations, and that the claims for indemnity now in the
hands of Her .Majesty's Government shall be fully satisfied.'
The Minister furtiier observes that while negotiaiiniis are in progress toudiiiig the
question of a el(>se season, another sealing seasuii Iims begun witlniut any inliuiation (if
a withdrawal im the part of the I'nited Slates of their cxlraordinary claim to jurisiiiction
over the waki's of the opon sea, nor has any indenmilicatioi' been made or assured to the
subjecis of Her .Miije-ly wlio have sull'ered loss from tlu' illei;al acts on the part of ilie
United States' authorities. Initeed, it is currently reported in the press of the United
States and elsewhere that the United States' lievenn.' cutters will this year continue tn
inierfcrc with and harass Biitish sealers when in lUhring's Sea.
'I'iie Minister is of ojiinion that it is at least due to Her Majesty's sul.'jccts iniercsteil
ir this branch of industry to have authentic knowledge ot the actual position to be taken
in connection with lUhritig's Sea during the coming season by the authorities of the
United States, and he, therefore, recommends that Her Majesty's Government he urged
to obtain an immediate assurance that the claim to jurisdiction or authority over
seaiinj;-vefsels when beyond the ;i-mile territorial limit in IJehring's Sea will be no
h)nger insisted u\)on.
The Connnittee, concurring in the above I'eport of the Minister of Marine and
Fisheries, recommend that your Excellency be moved to forward a copy of this Minute
to the lJi;;ht Honuurable the l'rinci[)al Secretary nf State for tlie Colonies.
Tlie Committee I'urther advise that a co])y hereof be also foi warded to the Higli
Commissioner for Canada in Ijondoii, witii instructions to him to personally press upun
the Secretary of State for the Colonies the urgent necessity for obtaining from the
Government of the United States satisl'acloiy assmances U|ion tliis euliject.
All wliich is resjjectfullv submitted for youi Excellency's approval.
(Signed) JOHN .1. McGEE,
Cleik. I'rivii Cnuucil.
No. -.m.
The Marfjiiis of SaH.sliiiri/ In Sir J. Pauncvfolc.
(Telcirraiibic.) luirrii/n ()J/irr, Jiinr "2(1, 1W)0.
TilE proposal made in your telegram of yesterd'iy has my entire concurreuce.
497
No, 374.
.S'lV ./. Pauncefotc lo the Marquis of Salisbury. — {Sulistancp telegraphed, July 3.)
My Lord, Washington, July I, 1890.
I HAVE tlic honour to transmit a copy of a note whieli 1 received yesterday
evening from Mr. IJiaine, in answer to your Lordship's despatch of the 22nd May, of
nliich 1 left a copy in his hands on tiic 5th ultimo.
In this note Mr. Hiaino endeavours to show that the negotiations which preceded
the conclusion of the Treaty of 1S24 hetween the United Status and Russia, and the
Treaty of 1^'25 between Orcat Britain and Russia, had, so far as respects maritime
jurisdiction, no reference whatever to the Behring's Sea, but only to the Pacific Ocean
south of the Aleutian Islands, and, therefore, that tlic United States' Government have
not laid th .niselves open to the charge of asserlinj^ rijchts in the Behring's Sea wnich
tliev disputed as against Russia, before the cession of Alaska to the United States in
mi. , . . . .
While repudiating any claim to the Bohring's Sea as a marc clausum, Mr. Blaine
insists that tlie claim of Russia to exclusive jurisdiction within 100 leiles from land was
not disputed as regards the Hehring's Sea, but, on the contrary, was acquiesced in both
by Groat I'.ritain and the United States at the time of the Treaties above referred lo,
and tiiat it is only since tiic rights of Russia in Alaska and the Behring's Sea passed to
the United States by purcliase in 1807 ihat Great Britain has sought to challenge rights
ffhicli slie respected when .Alaska was a Russian jjrovincc.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosurc in No. 371.
Sea will lie no
Mr. Blaine to Sir J. Pauncefotc.
Sir, Department of Slate, Washington, June 30, 1890.
ON the 5th instant you read to me a despatch from Lord Salisbury, dated the
22nd May, and by his instruction you left with ine a copy, llis Lordship writes in
ansivcr to niy despatch of the :.'2nd .laniiary last. At tliat time, writing to yourself
tnucliiiiij tlie current contention between the Governments of tiie United States and
Great Britain as lo the jurisdiction of the former over the waters of the Behring's Sea,
Iniade the following statement : —
"Tlie (iovernment of the United States has no occasion and no desire to withdraw
or modify the positions which it has at any time maintained against the claims of the
Impciial Government of Russia. The United Slates will not withhold from any luilion
the privileges which it deninnded for itself when Alaska was part of the Hussian Empire.
^or is the Government of the United States disposed to exercise any le>s power or
authority than it was uilling to concede to the Imperial Government of Russia "hen its
so\orc'ijrnty extended over t!ie territory in question. The President is jiersiiaded lh.it all
iriendly nations will concede to the United States the saiue rights and privileges on the
lands ami in lli'> waters of Alaska which the saiue friendly nations always conceded to
die Empire of Uussia."
Ill answer to this declaration, Lord Sali-bury contends that Mr. .John Quiiicy
.\ilams, when Secretary of State under President .Monroe, prototeu against the jiiris-
•liclion which Russia clainied over the waters of the Beluiiig's Sea. lo maintain this
roMiiiin his LonKlii]) cites the words of a despatch of Mr. Adams, written on the
'-•lid July, ISi'.-i, to Mr. Henry Middleton, at that lime our .Minister at St. Petersburgli.
The nlh'L'ed decliraticmH and .•uliiiissions of .Mr. Adams in that despatch lime been the
MMsof nil the arguments wliicli Iler .Majesty's (iovernment have sulimitted against the
I ""iiersliip of certain properties in tiie liehring's ."^ca wliiidi the (M,veriiineiit of tlit
uiited Stiiies conlldently assumes. 1 (piote the portion of L.ird Salisbury's argument
'liieh iiichiilcs (he (|Molaiioii from .Mr. Adams : —
" Alti r Wiis^ia, at the instance of the Russian American Kiir Conipany, claimed in
_^21 the ])iirsuils of conimeree, whaling, and tisiiiiig Iroiii liehring's Straits to the
UUt de^'ree ol north latitude, and not only prohibited all loreigii ves-els from landing on
I l"e coasts and islands of the above waters, but also prevented tliem from ap|)roa^iiing
[12K] :! s
4DS
within 100 miles thereof, Mr. Quincy Adams wrote as follons to tlic United Slates'
Minister in Kussia: —
" Tlie United States ean n(hnit no part of tiiese claims ; their ri^ht of navigation
and fishing is perfect, and I iis Ijoen in constant exercise from the earliest limes,
throughout tlie whole extent of the Southern Ocean, subject only to the ordinary
exceptions and exclusions of the territorial, jurisdictions."
The quotation which Lord Salisbury nuikes is unfortunately a most detective,
erroneous, and misleading one. The conclusion is separated t'roni the premise, a comma
is turned into a period, an important (|ualificalion as to time is entirely erased, wiliiinit
even a suggestion that it had ever I'oniied part of the text, and out of lighty-t'our words,
logically and inscjiarably connected, tliirty-live are dropped from Air. Adams' para;;raijh
in Lord Salisbury's quotation. N'o edition of Mr. j\ilams' work gives authority for his
Lordship's quotation ; while the arcliives of this J)epartmeiit plainly disclose its many
errors. I requote Lord Salisbury's versiou (..f ^vhat Mr. Ad.ams said, and in juxtaposition
produce Mr. Adams' full text as he wrote it.
{Lord Sulisliiiri/'n quntnt'ion from Mr. Adnm.s.)
" The United States can admit no ])art of these claims ; their right of navigation
and fisliing is perfect, and has been in constant exercise from the earliest time^,
throughout the wliolc extent of the Southern ()c;'an, subject only to the ordinarv
exceptions and exclusions of the territorial jurisdictions."
{Full text itf ^Ir. Aihims' p(iriigrnp!i.)
'•'I'hc I'nifed States e:in admit no part of these claims ; their right of naviijalion
and of fishing is perfect, and has been in constant exercise from the earliest times, nU'r
the iionrr n/ 17S3, tltrcghout the whole extent of the Soutiieni Ocean, subject only to
the ordinary exceptions and exclusions of the territorial jurisdictions, u-hich, so fur as
Hiisr-idii rlc/lifx (ire rovrrrxril, lire roiiliiii'il. In ccrliiin ishinils iwrlh of the .')5M ilrijrcr of
Inlituile, mill Inire no exialciirc on the Conlinent of Aiiirrivii."
'i'i'e words in italics are those wliich are left out of Mr. Adams' paragraph in tlie
despateli of Ijord Salisbury. They are jirecisely the words upon which the (iovcrnincn!
of the United States founds its armnneut in tills case. Conclusions or inferences renting
upon the paragraph, with the material purls of Mr. Adams' te.xt omitted, are of course
valueless.
The first object is to ascertain the (rue meaning of Mr. Adams' words hIiIcIi were
omitted by Lord Snlisljury. "Uussian rights," said Mr. Adams, "are eonfmed to certain
islands norlh of the ri."ilh degree of latitude." The ishinds referred to are as easily
recognized to-day as when Mr. Adams described their situation sixty-seveu years aio.
The best known among them, both under iinssian and American jurisdiction, are Siii;a
and Kadiak, but their whole number is great, if Mr. Adams literally iutoiidcl to
conliue I'.nssian rights to those islands, all the discoveries of Vitus lieliring and oiln'r
great navigators are brushed away by oni' sweep of Ids pen, and a large cha]itf'r it
history is hut a, fable.
Hut Mr. Adams goes still further, lie declares that "Uussian rights have no
existence on the Continent of America." if we lake the words of .\!r. Ad'\ms with llici'
literal meaning then' was no such thing as •• Iinssian possesr^ioiis in America," ahhnii?li
forly-four years after Mr. J^danls wrote these words the IJniled Slates ]iaid Ihi^^n
7,'.i( 1(1,010 dollars fir these " po^sossion-," and all the rights of hind and sea ciiinectcd
therewith.
This constrnctioii of .Mr. Adams" language' cannot be the true one. It would M
absurd on its liice. 'i'lie title to that lar norlliern territory was secure to Russia as oarlj
as 1741 ; secure to her against the claims of allolher nations; secure to her thirty-sevoii
years before ('ajitain Cook had sailed into the .Vorth Pacific; secure to her more tum
half-a-centnry before the United Slates bail made go id lier title to Oregon, liussia »as
in point of time the firs! Power in this region by riglit of discovery. Willnnit iiiim()deral«
presunq)tioii she niiglit have chalh;nged the rights of others to assume territuri:"
possessions, but no nation had shadow ef (.'ause or right to challenge hev title to the va^t
region of land an<! water which, before .Mr. Adams was Secretary ni' State, had become
known as the " Russian possessions."
Washiiiii
"Th'
coast oi
And
i:oleiisioii
American
>ii"Hn a'
Mr.
•ilexandii
laiin (if
>li"rt. .Mr.
■ions of
liie i;iii(c(
uOll of lii
'ddeli Ah
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Tile
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Jic'.orv au
!lie"i'
aial place.
lliisiihlo d.
'lie Kilhsi:
''"til paral
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i' iTilorv 1
"'iritorial
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II:
49fl
Mr. Adams' mcaninf; was not, therefore, and indeed could not be, what Lord
Saiisbury iissiinicd. As an;ainst Hueli interpretation, I shall endeavour to call his Lord-
ship's iittcnticin to v'hat this Government holds to be the indisputable meaninc; of
Mr. Adams' entire paragraph. To that end a brief review of certain public transactions
aiiil n l)riel' record of certain facts will be necessary.
A( (lie close of tiic year 179'J the Emperor I'aul, by a Ukase, asserte<l the
exclusive iuilliority ot Kussia over 'tlie territory from the Behrinn's Strait down to the
."ioth ile^roe of north latitude on tlu! American coast, foilowin;.? westward "by the
Ali'iitiiin, Kurile, and other islands," i)ractically inclosinji^ tiie 15ehrint;"s 8ea. 'I'o the
liu^sian American Company, which was orf^anized under this Tkase. the Emperor f,'avc
tiic rii'lit •'• to make new discoveries" in tliat almost miknown retrion, and " to occupy
tlii' nu»' bind discovered " as '• Uu'^sian po-scssions." I'lie Emperor w;is assassinated
'ixUm- any new discoveiics were announced ; but his successor, the l-lniperor Alexander I,
;iilnritcil tlie ambition and the ])nrpiise oi' his father, and in a new I'liase 1 the
■I'.li September. i^21. asserted the exclusive ai;tli'!ri(y of I'ussia from iiebrinii's Straits
southwaid lo tiie 51st degree of nurtb latitude on thi' American coast, iiroclaimins' bis
au'.lioi'ily at the sam(! time on the Asiatic coast as far snulb as the 4,")tb degree, and
ibrliiddinii' any vessel to api)roacli witiiin 100 miles of land on either continent. I quote
the two sections of tlie Ukase that contain tiie order and the punishment: — '
"Section 1. The transaction of commerce and the pursuit of wlialing and fishing or
any other industry on the i>laiids in the harbours and inlets, and, in general, all along
ili'iiorlli-western coast of America from liehring's Strait to the 5ist parallel ol' northern
lalituiie, and likewise ini the Aleutian Islands an<l along thi> eastern coast oi' Siljeria and
1)11 ilie Kurlle Islands, that is Irom lieliring's Strait to the southern promontory oi' the
l.-lanil of Uruji, viz.. as far south as latitude 4y" oO' north, are exclusively reserved to
Miiijeets of the Russian i'lm|)ire.
'•Section "J. Accordingly, no foreign vessel shall be allowed cither to put to shore at
.,iiy of the coasts and islands under Russian dominion, as speeilied in the iireceding
section, or even lo approach the same to within a distance of less than 100 Italian
miles. Any vessel contravening this [irovision shall be subject to confiscation witli her
•'vliole cargo."
.Against lliis Jurqcr rlaiiii of (tulhoriitj (viz., exf ending farther south on the American
coast to the ."ilst degree of north latitude) Mr. Ad:ims vigorously protested. In
a ilespatcli of the :)Otii Alarcb, 18:'2, to Al. Polctica, tlie IJussiau Aliuister at
Wibliiiiglon, Mr. Adams said : —
"This Ukase now for the first (inie extends the claim of Russia on tiie north-west
coast ot America to the olst degree of uortii latitude."
And ho ])ointed out to the RiLs.sian Minister that the only foundation for the new
I'lotension of Kussia «as the existence of a small Settlement, situated, not on the
.Uncrican Continent, hut on a small Island in latitude 57° — Xovo Archangolsk, now
Mwwn as Sitka.
Mr. Adams jirolested, not against tiie Ukase of Paul, but against the I'kase of
.\ioxanilir; not wholly against the Ukase ot .Mexander. but only against his extended
■laim (if .sovereignly soutliwanl on the continent to the Tjjst degree no'tli latitude. In
slmrt, .Mr. Adams protested, not against tlie old possessions, but against tlie new ])reteii-
' ions of Kussia on the norlli-west coast of America — pretensions to territory claimed by
the United States, and fre(|uented by her mariners since the peace of I'^'i, a specifica-
lioii of lime whicli is drojiped from Lord Salisbury's quotation from Mr. Adams, but
ivliidi .Mr. Adams pointedly used to lix the date when the power of the United States
«as visibly exerci-ed on the coast of the I'acitic Ocean.
Tile names and phrases at that time in use to describe the ueogranhy inc'tnled
«iiiiiii the area of this dispute ari^ confusing, and, at certain points, apparently eontra-
'lic'iHT and irreconcilnlile. Mr. Adams' denial to lltissia of the ownership ot' lenitory on
the •' t'luitinent of .Anu'rica '' is afair illusiratiim oi this sinn-iilar contradiction of names
•ii:il liliices. In the same way the jihrase " nortli-w est coast " will be I'omul, beyond all
piissiiile doubt, to have been used ill two senses : one including the north-west coast of
il'c Rii>:i,m possessions, and one to describe the coast whose northern limit is the
'■'"til piirallel of north latitude.
It is very plain that .Mr. Adams' jthrase "the Continent of America," in his
reicreiice to Hussin's ))ossessions, was used in a. lerritorhd sense, and not in a (iroijrdiiiiiait
sen.se; he was drtiwing the distinction lietween the territory of "America'' and the
tcrrilary oC tlic " jiussian ])ossessioiis.'' Mr. Ailanis did not intend to assert that these
'criitiiriiil rights of lliissia had no existence on the tJoniinent of North America. Me
"ii.ait thill they did not exist as the Ukase of the hiinperor Alexander had attempted to.
I12S1 • " ' ;i S 2
800
establish them, southward of the Aleutian Peninsula, and on that distinctive part of the
continent claimed as tlie territory of the Uiiiied States. " America " and the " United
States " were then, as they are now, commonly used as synonymous.
British statomen at that time used the phrase precisely as Mr; Adams did. The
possessions of tlie Crown were geiieiically termed " British America." Great Britain and
the United States harmonized at thi^* point, and on this territorial issue, anainst llussja,
AVhatevcr disputes miglit be left by these ne^^otiations for subsequent settlement hetwecn
the two Powers, there can be no doui)t that at tliat time they had a common and very
stron;; interest against tlic territorial aggrandizement of Hus.sia. The British u^e of the
phrase is clearly si'cn in tiie Treaty between Great Britain and Russia negotiated in 1825,
and reterrcd to at length in a subsequent portion of this despatch. A publicist as
eminent as Stratford Canning ()])ened tlie Illrd Article of that 'i'reaty in these descriptive
words: "The line of demarcation betttcen the possessions of the High Coiitractiiin;
Parties, upon the coasts of the continent, and the islands of America to the north-wcst."
Mr. Conning evidently distinguished "the islands of America" I'rom " the islands of
the Kussian posse.-sions," which were far more numerous, and by the use of the phrase
"to the north-west," just as evidently linuted the coast of the continent as Mr. Adams
limited it in that direction by the Alaskan Peninsula. A concurrence of opinion bctiveen
John Quincy Adams and Stratford Canning touching any public question left little room
even fur suggestion by a third person.
It will 1)0 observed, as having weighty significance, that the Russian ownership of
the Aleutian and Kurilc Islands (which border and close in the Behring's Sea, and by the
dip of the peninsula are several degrees south of latitude 55°) was not disptUed by
Mr. Adams, and could not jjossibly have been referred to liy him when he was limiting
the " island " possessions of Russia. This is but another evidence that Mr. Adams was
making no questum as to Russia's ownership of all territory bordering on the lk'hrin:,''s
Sea. 'J be contest pertained wholly to the territory (m the north-west coast. The
Emperor Paul's Ukase, including his sovereignty over the Aleutian and Kurile Islands,
was never quesuoncd or denied by any Power at any time.
Many of the acts of .Mr. Adams' public life received interesting commentary, and,
where there was doubt, luminous interpretation in his jiersonal diary, which was carefully
kept from the .''rd Jime, 1^91, to the 1st January, 1848, inclusive. The present case
aliords a happy illustration of the corroborative strength of the diary. During the
progress of this correspondence Baron Tuyl, who had succeeded M. Poletica as llussiiin
Minister in Waslnnglon, called upoii Mr. Adams at his office, on the 17tli July, 18:'3,
.six days before the date of the despatch ui)on which 1 have been conimcmiiig, and upon
which Lord Salisiiury relies for sustaining his contention in regard to the Behiing's Sea.
During an animated conversation of an hour or more between Mr. Adams and Ijaron
Tuyl, tlie former said : —
" I told Hiiron Tuyl specially that we should contest the right of Russia to niii/
territoriiil establishment on this continent . . ."
It will be observed that Mr. Adams uses the same phrase in his conversation that
has misled English statesmen as to the true scope and meaning of his despafcii of the
2Srd July, 1^:;3. AVheii be deilnrod that we should " contest tlie right of Russia to any
territorial establishment on this continent " (with the word "iiny " italicized), he no more
meant that we should attempt to drive Russia from her ancient possessio.is tiian that we
should attempt to drive I'^ngland from tlie ownership of Canada or Nova Scotia. Such
talk would have been absurd gascimade, and Mr. Ailanis was the last man to indulgein
it. His true meaning, it will be seen, comes out in the ne.\t sentence, when he
declares : —
" I told Baron Tuyl that we should assume distinctly the jirinciplc that the America^
continents are no longer subjects for any vcw European colonial establishments."
In the Message of President Monroe to the ne.\t Congress (the eighteenth) nt its
first Session, the md December, 182!), he announced that, at the proposal of the Russian
Government, the United States had agreed to "arrange, by amicable negotiations, the
respective rights and interests of the two nations on the north-west coast of this
continent." A similar proposal had been made by Russia to (Jreat Britain, and had
been likewise agreed to. The negotiations in both cases were to be at St. Pctersburfih,
It was in connection with this subject, and in thr same paragraph, that President
Monroe spoke thus : —
"In the discussions to which this interest has gi'": rise, and in the arrangements
by which they may terminate, the occasicm has been , 'ged proper for asserting, as a
principle in which the rights and interests of the United States are involved, that tkt
American Continent, by the free and independent condition which they have assumed mi
601
mnintain, are henceforth not to he considered as subjects for Juture colonization by any
Europran Power."
Tliis very brief declaration (in fact, merely the three lines italicized) constitutes the
famous " Mduroe doctrine." Mr. Admits' wordf. of the Jnly precedinj; clearly tiire-
shado«cd this position as the iiernianeiit policy of the United Slates. Tiie declaration
removes the Inst doiiht, if room for doubt had been left, that the reference made by
Mr. Adams was to the future, and had no possible connection with the Russian rights
existinfj for three-quarters of a century before the despatch of 1823 was written.
It was evident from tiie first that the determined attitude of the United States,
subsequently supported by Great Britiiin, would prevent the extension of Russian
territory southward to the 61st parallel, 'i'he 'rrcaties which were the result of the
mooting at Ht. Petersburgh, already noted, marked tlie surrender on the part of l{u>sia
(if this ]irctcnsion, and the conclusion was a joint Agreement that 50° 40' should be
taken as the extreme southern boundary of llussia on the north-west coast instead of
tiic 5.")th degree which was proclaimed by the Euiperor Paul in the Ukase of 179!*. 'i'he
Treaty between Russia and the United States wan concluded on the 17th April, 1824,
and that between Russia and Great IJrifain ten months later, on the I6th February,
1825. In both Treaties Russia acknowledged 54° 40' as tlic dividing line. It was not
(Ictorniined which of tlie two nations owned the territory from 54" 40' down to the
4iith parallel, and it remained in dispute between Great Britain and the United States
imtd its final ndjustmcitt by the "Oregon Treaty " negotiated by Mr. Buchanan and
Mr. Piikeiiham under the Administration of Mr. Polk in 1840.
Tlio Government of the United Slates has steadily maintained that in neither of
these Treaties wiih Russia Wiis there any attempt at regulating or controlling or even
assorting an interest in the Russ'an possessions and the Bebring's Sea which lie far to
tiie norlli and west of the territory which formed the basis of the contention. This
conclusion is indisputably proved by the Protocols which were signed during the progress
of the negotiation. .At the fourth conference of the Plenipotentiaries on the 8th March,
1^-4, the American Minister, Mr. Henry Jliddleton, submitted to the Russian Repre-
sentative, C'ount Ne.sselrode, the following: —
" The dominion cannot be acquired but by a real occupation and possession, and an
intention (' animus ') to establish it is by no means sufficient."
.Now, it is clear, according to the facts established, that neither Russia nor any
other Power has the right of dominion upon the Continent of America between the 60th
and (JOlli degrees of north latitude.
Still less h.is she the dominion of the adjacent maritime territory, or o' the sea
nliieh washes these coasts, a dominion which is only accessory to the lerritorial
(ioiiiinion.
Tiu'rcfore, she has not the right of exclusion or of admission on these coasts,
nor in these seas, which arc free seas.
The right of navigating all the free seas belongs, by natural law, to every
indei)emlent nation, and even constitutes an essential part of this independence.
The United States have exercised navigation in the seas .•'nd comnierce upon the
coasts above mentioned from the time of their independence; and they have a perl'ect
ri^lit to this n.nvigation and to this commerce, and they can only be deprived of it l)y
their own act or a Convention.
This is a clear proof of what is demonstrated in other ways, that the whole dispute
hetHeen the United States and Russia, and between Gie.it Britain and Russia, related to
the north-west coast, as Mr. Middleton expresses it, between the "5(ith and the (50th
degrees of north latitude." This statement is in perfect harmony with Mr. Adams'
paragraph when given in full. " 'f he United States," Mr. Middleton iii-ists, "have
exercised navigation in the seas and commerce upon the coasts above mentioned from
tlie lime of their independence;" but he does not say one word in legaril to our
posst'ssing any rights of navigation or commeire in the Behring's Sea. He declares that
Rtis-ia has not the riglit of exclusion or admission <m those coa'-ts (between the 5Uth and
the liOih degrees north latitude) nor in those seas, which are//v'c seas, evidently emphasizing
" tree " to distinguish those seas from the Behring's Sea, which was recognized as being
under Russian restrictions.
-Mr. Middleton wisely and conclusively maintained that if Russia had no claim to the
continent between the 60th and (iOtb degrees north latitude, "still less could she have
the dominion of the adjacent maritime territory," or, to make it more specific, "of the
sea which washes these coasts." That sea was the Great Ocean, or the South Sea, or the
Paeilic Ocean, the throe names being equally used for the same thing.
The language of Mr. Middleton plainly shows that the lines of latitude were useil
502
simply to indicate the " dominion " on tiio coast Ijotwccn tlic rjOtli and GOtii paralielH of
noitl) latitmle.
'I'lic imi)ortant declarations of Mr. Middlcton wliich interpret and enforce tiie
contention ot' tlie I'nilcd States slioidd l)e rej;arded as indisputable authority, from the
fact (hut tiiey are l)Ut a ])iiraplirase of tlie instructions \vhicli Mr, Adams delivered to him
for ills uiiiiliince in nejjoliatinji- tiie Treaty with Count Ncsselrodo. Meyond all doubt,
they prove that Mr. .\danl■^' nieanint;- was the reverse of what Ijord Salisbury inters it to
he in the ]iarn^inpli of which he (|uolod only a part.
The lour principal Articles of the Treaty noj^otiateil by Jlr. Middlelon are us
follows: —
''Article 1. It is aj^reed (hat in any part of the Clrcat Ocean, coniniouly I'alled the
Pacific Ocean or Snutli Sea, the res])ective citizens or subjects ol' the llif^h Contnictinij
Pouers shall be neither disturlied nor restrained, either in navigation or in lishins, or in
the po.ver of resoitin^' to the coasts, upon j'.oints which may not already Inive heeu
occupied, lor the purpose of tradin!,' with the natives, savini^ always the restrictions
and <'ondilions deiermined by the Icdlowiii^' Articles.
"Article II. With a view of jjreventiufi; tlie rights of navif;alioii and of iisliini;
exercised upon the (I real Ocean by the citizens aiiU siilijecis of llu' High ('i)iitractinj;
Powi'i's from hecoiiiinL;' the pretext for an illicit trade, it is ai^reed (hat the citi/.eiis nf
the I'uited Slates shall not report to any point wliere there i.-, a Russian estabiishnient
without the poraiission of liie (iovernor or I'onimander ; and that, reciprocally, the subjects
of Russia shall not resort witiiout permission to any establishment of the United States
upon the north-west coast.
" Article III. It is moreover ai;ree<l that, herealter, there sh.illnot i)e formed by the
citizens of the United States, or under the authority of the ssiid Stales, any estahlisli-
ment upon the north-west coast of America, nor in any of the islands ailjacent, to the
north of oi 4li' of north hititude ; and that in the same manner there shall be none
forne'ii by Russian subjects, or under the authority of Russia, south of the same
pardlel.
'• A rlicle TV. [t is, nevertheless, understood that during a term of ten years, couiitinfi;
from the signature of the present Convention, the sliijis of both Powers, or which heloni;
to their cilizents or subjects respectively, may reciprociiljy fre(|uenl. witiiout any
hindrance wliatever, tin? interior seas, gulfs, harbours, and creeks u])ciii the coast
mentioned in the preceding Article, for the purposi' ;;f iishing and trading with the
natives of the (uiuntry."
The .1st Article, by carefully mentioning the (.ircal Ocw/i, and describing it as the
ocean '• coinnionly called tiie Pacific Ocean or South Si'a,'" evidently meant tii
disliiiguisii it Irom some other boily of water with which the negotiators did not wish to
confuse it. l\Ir. Adams used the term " South Sea" in the despatch (pioted by Lord
Saiishury, and used it with the same discriminating knowledge tliai. pervades his whole
argummt on this (|uestion. If no other body of water existed within the possible scope
of the 'I'rcaty, such particularity of des-.-ription would have had no logical meaning. But
there was another body of water alreaily known as the Hehring's Sea. That name was
first given to it in IfilT, according to English authority, seven years before the .\nierican
'JVeaty, and eight years before the British 'freaty with Russia; but it had been known as
a .sr«, separate from the ocean, under the names of the Sea of Kamtcluitka, the Sea of
Otters, or the .Aleutian Sea, at diii'erent jieriods before the I'hnpcror Paul issued liis
Ukase of 1799.
The llnd Article jilainly shows thai the Treaty is linnted to the Great Ocean, as
separate from Hehring's S(>a, hecause the limitation of the " north-west coast " between
the 5(ith and tiOth degrees could apply to no other. That coast, as defined lioth by
American iind British negotiators at that time, did not border on the Hehring's Sea.
The llird Arti(de shows the com|iromise as to territorial sovereignty on the north-
west coast. The United Slates and Clrcat Pritain had both claimed that Russia's just
boundary on the coast terminated at the (iOth degree nortli latitude, the southern herder
of the Aleutian Peinnsula. Russia claimed to the tiisi parallel. 'I'hey made ii
com])romise by a nearly e(|ual division. jVn t \acii_, equal division would have given
itussia fji° ;!()'; but 10 uiih-s farther north, I'rinc- ; •' '^'ales' Island, preseiiteil a heller
geographical point for division, and llussia accepted a little less flian half the coii't
of which she had claimed dl, and odi' 40' was thus established as the dividini:
point.
The IVtli Article of the 'I'leaty necessarily grew out of the claims of R.us.sia to a
share of the north-west coast in disimte between the United States and Great Ihitaiii-
Mr. Adams, in the instruction to M". ..uldleton so often referred to, says: —
*m
.1)11 aro as
" i!y tli(; Illnl Arlido of tliu Coiivontinn Ijehvcoii tlio I'liitod States niiil Groat
nrilnin id' tlio '20tli Ocloher, 1S1>^, it was iinrufd (Int lui.v cmiiilry that iiii^'lit he (■laiiiiud
!)}• ridu'i' ])Hr(y <m llu- nortii-wcst coa-^t of Aincricn, westward of tlio Stony .Mountains,
should, tonx'tliiT witli its lmi-l)o!iis, hay.s, and crcolis, and tlio navi^iition of all livers
within the sana", he fri'i'and open, lor the li'riii often years from that dale, lo (he vessels,
cilizens, and suhjeets of the two Powers, without prejudice to the chiims of eitiier piirty
or of any other State.
•■ Vou are authorized to jjroposc an Article of the same jjiirport for a term of ton years
fiiiin the siaiiatiire of a joint Convention between the United States, Ureat Britain, and
]{ii-.ia."
ii will he ob.served that tlie I\'tli Article relates solely to the " nortii-wost coast of
Amirica," so well understood as the coast of tlu^ Pacific Oc an between the "lOtli and the
(lUtli ilej;reos north laliliule, and, therefore, does not in the remotest dei;ree touch tlio
ik'lirinu's Sea or the land iioideriiii^ upon it.
The sevcra! Articles in the 'I'naty between fJreat liiitainand Uussia, ICth Febriiaiy,
1S2.", that could have any heaiinjf on the peiiili;)i; contention are as follows:—
Articles 1 and II. (Substantially the same as in the Treaty between Itiis.sia and
the I'nited Stales.)
"Article III. The line of demarcation between the possessions of the llish
Cdiitraclirijf Parties, upon the coast of the coiitiiieiil, and the islands of America to the
north-west, shall he drawn in the manner followinn : —
•' ( 'ommenciiifj fiom the southernmost point of the island called Prince nf Walrs'
Isliiiid. wlji(!h |)oint lies in tiie parallid of 54^ 40' north latitude, and between the IHlst
and the i:'>-"ird de;;ree of west lonj^ilude (meridian of (ireenwichi, the said lire shall
ascend to the iioitli, aloii:;- the chanuid called I'oiildiid Vliniiiicl as far as the ]ioii. of the
coiitiiieiit wiiere it strikes (he o(!tli de^'oe of north latitude; from this last-mentioned
piiiiit the line of dcmareation shall follow the summit of the mountains situated ])anil!el
to (ho coast as far as the point of intersection of the Mist decree of west loiii;itmle .of
the same meridian) ; and, finally, from the said point of intersection the said meridian
line of the 14 1st decree, in its ))n)lon^ation as far as tlie frozen Ocean, shall form tiic
limit hetwcen the Russian and Drilish possessions on the Continent of America to the
iiorlh-ucst.
Article V. (Substantially the same as Article III of the Treaty between Itu.ssia
and the United States.)
"Article VI. It is understood that the subjects of His Britannic Majesty, from
whatever (piartcr they may arrive, whether fnmi the oce.m or from the interior of the
coiitiiient, shall for ever enjoy the rij^ht of navigatin;; freeh', and without any hiiidraiico
whatever, all the rivers and streams wh.ieh, in their course towards the I'acilic Ocean,
may cross the line of demarcatie.. upon the line of coast described in Article III of the
lireseiit Convention.
" Aiiicle \ll. It is also understood that, for the space of ten year.-t iron the
signature of Ihe present Convention, the vessels of the two Powers, or those tjolonniiig
to their respective sidijccts, sliall mutually be at liiierty to frei|Uei.:, i. ' hoiit any
liiiiilrauce wiiatever, all the iiilanil seas, the i!;nll's, hiiveiis, and creel>> "" the coast
inciitioiied in Article 111, for the purpose of tishiii:,' and of Iradiiiji; with the natives."
Afti'i' the aimlysis of the .\rticles in the American Treaty there is little in the
Kn^lish Treaty that retpiires explanation. The two Treaties were drafted under circum-
■itauces and fitted to conditions (piite similar. There were some dilferenees because
of (ireat liritain's ownership td' l!riti.-.h America. I5ut these very differences corroborate
the jiosition of the United States. This is most plainly seen in Article VI. IJy that
Article Ihe subjects of Her Uritannie Majesty were i,niaranteed the right of navigalinjj
freely the rivers emptying into the Pacitic Ocean and crossing the line of di'iiiiirailion
uiiiiii the line of co((,s/ (Icarrihrd in Arlich' III. The line of demarcation is described in
Article HI as following " tln^ summit of the mountains situated jjiirallel to the coast,
IIS III r /IS- Ihf point (if inlirsrr'inn of I In.' i fix/ il'i/rri' uf ircsl luni/ihuh.' Article IV,
(|ualifyiiig Article 111, specifies that "wherever the suuiniit of the mountains wiiich
I'xiciul in a direction parallel to the coast, from the otSth degree of north latitude to the
point of intersection of the 14 1st degree of west longitude, shall p'ove to he at a distance
of mure than ID marine leagues from the ocean, the limit between tlie British i)osse>sioiis
■"111 the line of coast which is to belong to Uussia, as above mentioned, shall he formed
li.v a line jiarallel to the windings of the coast, and shall never exceed the distance of
I" inariue leagues therefVom."
ISy both these Articles the 'ine of dcmareation cease.-; to have .any parallel relation
to the coast when it reacdies the point of intersection of tlie 141st degree of west
.lOl
lonititudc. From that point tlio Hist degree of west longitude, as far as it extend
continuously on land northward, is taken as the boundary between the territories of tlie
two PoHcrs. It is thus evident that Briti»li subjects were gunrantced the rinlit of
navigating only such rivers as crosseil the line of demarcation while it Jollnired the lii" of
roast. They were limited, therefore, to the rivers tiiat emptied into tlie Pacific Occna
between 54° 40' and (50° north latitude, the latter being tlie point on the coast opposite
the point where the line of demarcation diverges, Mount Ht. Elias.
Uy this Agreement Great Britain was excluded from all rivers emptying into the
Ik'hring's Sea, iiichiiliiig the (Jrent Yukon nnd its nflluent the Porcuiiine, which rise, imd
for a long distance flow, in Briti'^li America. So complete «as the exclusion from
Beliring's Sea that Great Britain surrendered in this ciise a doctrine "liicli slie liad
aided in impressing upon the Congress of Vienna for European rivers. She did not
demand noccss to the sea from a river whose source was in her territory. Slic consented,
by signing the Treaty of 18L'5, to such total exclusion from the Ikhring's Sea as to
forego following her <iwn river to its mouth in that sea.
It shows a curious iissociation of jioliticnl events that in the Washingion Treaty of
1871 the Uniteil States ('oncedcd to Great Britain the privilege of niivigating the Yukon
and its branch the Porcupine to the Beliring's Sea in exchange lor certain priviie-rcs
conceded to the T'nited States on the St. Lawrence. The reipie^t of Great Britiiiii for
the privilege of niivisaiing the Yukon nnd the Porcupine is a suggestive confession that
it was withheld from her by Hussia in the Treaty of lSi.*r», withheld because the rivers
flowed to the Bchring's Sea.
The Vllth Article is prnctieally a repetition of the IVth Article in Tronty
between Russia and the United States, and the jirivilege of lishnig and trt iili the
natives is limited to the coast mentioned in Article III, identically tiie sam "co;ist
which they were at liberty to pass throtigh to reach British America or to reain the coast
from British America. They are excluded from going north of the prescribed poiiit on
the coast near Blount St. Kli'is, and are therefore kept out of BehringV Sea.
It is to be noted that the Ticgotiators of this Treaty in defining the boundary
between the Russian and British possessions cense to observe particularity exactly
at the point on the cn.ist where it is intersected by the OOth parnllel. From that jioint
the hounilary is designated by the almost indefinite jirolongation northward of the
111st degree of longitude west. It is plain, therefore, that this Treaty, like the Husso-
American Treaty, limited the "north-west coast" to that jiarl of the coa4 between tiie
50th and (JOtli parallels of north latitude, as fully set forth by Mr. MiddU ton in the
Protocols ])receding the Treaty between the United Stales and Hussia. The negotiators
never touched one foot of the boundary of the Beliring's Sea, wheiher on continent or
isliind, and never even made a reference to it. Its nearest point in Bristol Buy was
1,000 miles distant from the field of negotiation between the Powers.
It must not be forgotten that this entire negotiation of the three Powers proceeded
with full knowledge and nn-ognition of the Ukasc of lS"_'i. While all questions toiiehiiig
the lespectivc rights of the I'owers on the north-west coast between tlie ."lOtli and i'Mh
parallels were discussed and pressed by one side or the other, and finally agreed iipon,
the terms of the |ika>o of 1S21, in which the Emperor set tortli so clearly the rights
claimed and exerci; ed by Russia in the Beliring's Sea, were untouched and nii(|iiesti();;ed.
Tlic^e rig'ts were therefore admitted by all the Powers negotiating a< within the
exercise of Russia's lawful authority then, and they were left inviolate by England
during all the sllb^e([Uen^ continuance of I'lissia's diniiinioii over Alaska.
These Treaties were therefore a iiraetical renunciation, both on the part of luigland
and the United Stnies, of any rights ii: the waters of Beliring's Sea during the [leriod of
Russia's sovereignly. They left the Beliring's Sea, and all its coasts and islands,
precisely as the I'kase of Alexander in 18-'l left them -that is, with the iiroliiliition
against any vessel approaching nearer to the coiist than 100 Italian miles under iLnngT
i)f confiscation. The original Ukase of Alexander of l^i'l claimed as far south as tae
51sl degree of north latitude, with the inhibition id' 100 miles from the coast apidying to
the whole.
The result of tlir protest of Mr. Adams, lijllowed by the co-operation of (Jreat
Britain, was to force Iiiissia back to T>\ 40' as her southern boiiiuhiry. Hut tiiere was no
reiiuiiciaiion whati'ver on the jiart of Russia as to the Beliring's Sea, to which the I'liase
especially and primarily applied. As a jiiece of legislation this Ukase was as aiilliori-
tative in the dominions of liussia as an Act of Pailiainent is in the dominions of Great
Britain or any Act of Congress in the territory of the I'nited Slates.
ICxeept as volu;;larily iiiodili."! by Russia in the Tiealy with the United Stales,
17th April, 1S24, and in "the Treaty wiUi Gre;'t Britain, ICtli February, leLT), the Uknse
r,or>
ulis:il Ntood as the law ('(introlliii^ tlic Hiis.sia?i ])osscHsi(»iis in AiiicTica until the dose of
I!us^ia's owiii'i'^hip iiy traiistcr to lliis (lOveninuMit. liotli tlio Ifiiitcd States ami (Jreat
llritaiii ii'C()j;iii/.tMl it, ii,s|k'i'Il'(1 it, oheyed it. It did iiol, iis so inaiiv siiniiosc, iKclare
till' Illinium's Sea to Ih' iiitirc ilniisuin. \i did di'i;lar<' lliat (lie waters, to tlio extent of
liiiMiiiK> IVoni the sliores, were reserved tor the snhjeets of the iJussian ICnipire. Of
I'nurse, nianv hundred ndles east and west and north and south were thus iiiteTitionally
Kfl li\ liU'^sia I'nr tiie whale li>hery, and for lishin^f o|ien and tree to the world, of which
ullier nations took lar^e advanta;;e. I'erhai)s, in [iiirsuin;;' this advantage, forei^^ners did
mil al«ays keeji 100 miles from the shore; hut tiie theory of rij^ht on which they
ciiiuhicled their Inisincss iiiiinolestcd was that they (djaerveJ the conditions of the
Ukiese.
lint the lOO-milc restriction ])ert'ormcd the fun<'ion for whi(di it was specially
ileMiiui'd in preventinj; foreij^ii nations from molesting, di^turhinf;, or hy any possihility
-liaiiii!.' in the fur trade. The fur tradi' formed the jtrineipal, ahnost the sole, eniploy-
mi'iil of the liussiaii American ('om|)any. It formed its employment, indeed, to such a
ilcifne that it soon hecamc known only as the Russian American Fur Company, and
iiu'te su^iuestively that name is ifiven to the Company hy Lord Salishiiry in the despatch
Iii«liioh 1 am rei)Iyiiiff. Whik', therefore, there may have heen a huj^e amount of
lawful wli.dinfj and fishin;^ in the Kehriiig's Sea, the taking of furs by foreigners was
ahvays and under all eircumstam^es illicit.
Kiuhteen years after the Treaty of \^2'> (in \^\'\) (Jreii Britain made a ('(unmercial
Treaty with Russia hased on the principle of reciprocity of advantages, hut the rights of
the I'ussian .American Company, which under hoth ^ka^es iiicludeil the sovereignty over
llii ^ea to the e.vtent of lOi) miles from the nliores, were reserved hy special clause in a
<r|iarate and s])eeial Article signed after the princiji.il .Articles of the Treaty had heen
ciiiiilmh'il and signed. Although lirilish rights were enlarged with nearly all other parts
nl the IJM>^ian Empire, her relations with tlie Russian ])ossessions and with the Hehring's
Sua remained at precisely the same point where the Treaty of 1^20 had placed them.
Again, in lsr>9, (!reat Krilain still further eidarged her commercial relations with
ilie Eiii|ier<)r of Russia, and again the "possessions" and the Hehring's Sea were held
:.niilv in their relations to the liussian American Com[ianv as they had heen held in the
Tnjaty of 184:3.
It is especially notahle that, hoth in the Treaty of l>^i;5 and the Treaty of IS.ji), it
is declared that " in regard to commerce and navigation in the Russian possessions
n\\ the north-west coast of America the Convention concluihd at St. I'etersliurgh,
hitli I'ebruary, 1S25. shall continue in force." The same distinction and the same
ro«tr:(tions which Air. Adams made in regard to the north-wiv-,t coa^t of America were
^till observed, ami Great i>ritain's access from or to the interior of the continent was still
liiaitcil to that part of the coast between 54 40' and a point near Mount St. Klias. The
language of the three Riisso-iiritish 'i'reaties of \^'1\>, ].-^4:5, and 1 85'J covres])onds with
tiial eniiiloyed in Mr. Adams' despatch to Mr. Aiiddleton to which reference has so
M\i|::eiitly liecn made. This shows that the true meaning of Mr. Adams' paragraph is
llic key, and indcetl the only key, by which the Treaties can be correctly interpreted,
ami hy v\lii(di i'xpres>ions a]»parently contradictory or unintelligible can be readily
liariiioiiized.
Innuediately following the partial (juotation of Mr. Ailanis' desjiatch. Lord Salisbury
||i'ute> the ca<e of the Cnited States' brig " Loriot " as having some hearing on the
i|UU5tioii relating to the Hehring's Sea. The case happened on the loth September, 18."U>,
and Mr. Forsyth, Secretary of Slate, in a despatch to the I'nited States' Minister at
St. IVtcrshurgh, declared the course of the Knssians in arresting the vessel to lie a
violation of the rights of tlie citizens of the I'liiled States; he claimed that the citi/.ens
III the I iiited Stales had the right immemorially, as well as by the stipulations of the
Trraty of 1S24. to lisli in those waters.
Lord Salisbury's understanding of the ca.",e differs entirely from tluit held by the
'ioveriiiiient of the Cnited States. The ''Loriot" was not arrested in the Hehring's Sea
iH all, nor was she engaged in taking furs. She was arrested, as Mr. Forsyth in his
ili^patch says, in latitude oli° ;")')', more than (!0 miles sonth of Sitka, on the '•north-west
'■'I'lst," to wliicii, and to which only, the Treaty of ls!24 referred. Russia upheld its
actina on the ground that the ten-year term provided in the IVth Article of the Treaty
1ml closed two years before. The case was niiule the basis of an apiilication on the
part of tlic I'nited States' Government for a renewal of that Article. This application
»a^ liiessed for several years, but linally and absolutely refused by the liussian Govern-
'"w,t. I'nder the claim of Russia that the term of ten years had expired, the United
^tiilis failed to secure any redress in the "Loriot" case. With all due respect to Lord
fl'2Sl 3 T
r)0()
Salis1)m-y's jiulgini'iit, the case of llie "Loriot" sustains tlic entire correctness of the
l-'osition of the United States in this contention.
It only remains to say tliat whatever (hity Great Britain owed to Alaska as a
Unssiiin province, whatever she agreed to do, or to retVnin iVimi doinj;-, toiichin<!; Alaska
and tin' Hehriiig's Sea, was not changed by the mere tact of the transfer of s()veri'iL»iitv
to the United States, it was explicitlv declared in the \'lth Aiticle of the Treaty hv
which the territory was ceded hy Ivussia. that "the cession licridiy made conveys all the
rights, franchises, and privileges now hclonging to Itnssia in the said territory cir
dominions, and appiirtemmces thereto." Neitlier hy the Treaty with |{nssia of tS-'.5, iior
hy its renewal in 184;5, nor hy its second renewal in If^oO, did (!rcat Ih'itain gain am
right to take seals in I'lcliring's Sea. In fact, those Treaties were a prohihition upon lier
which she steadily respected ,so long as Alaska was a Hiissian ])rovince. It is for (Jicat
Hrifain now to show hy wliat law she gained rights in that sea after the transfer of its
so'.ereignty to the Uidtcd States.
During all the time elapsing hetwccn the Treaty of l^ilio and the cession of Alaska
to the United Slates in I8(i7, (Jreat Britain never atlirmed the right of lier suhjccts tn
ca])lm-e fur-seal in the Behring's Sea; and, as a matter of fact, her suhjects did not
during tliat long j)eriod attempt to catch seals in the Behring's Sea. Lord Salisbury, in
replying to my assertion that these lawless intrusion.s upon tlie fur-seal fislierics be^aii in
1>'8G, declares that they had occurred before. llej)oints out one attempt in 187", in
which forty-SL'ven skins were found on board an intruding vessel ; in 1S72 there was a
rumour tliat exjicditions were about to fit out in Australia and Victoria for the purpose
of taking seal in the l'.<>hring's Sea ; in 1874 some rejiorts were heard that vessels had
entered the sea for tliat purpose ; one case was reported in 187'), two cases in 1884, two
also in I'JS,).
The.^e cases, I may say, without intendini; ilisrespcct to his Lordship, jirovo the
truth of the statement which he endeavours to controvert; because they form just a
siifUcicnt number of exceptions to estalilish the fact that the destructive intrusion began
ill J8s(j. Hut [ refer to them now for the purpose of showing tliat hi.j Lordship does
not attempt to cite the intrusion of a single British sealer into the Beliriiig's Sea tiniil
after Alaska had beei; transferred to the United States. I am justided, therefore, in
repeating the ([uestions 1 addressed to llcr .Majesty's (iovernmeiit on the L'-ud of la<t
January, and wliich still remain unanswered, viz. : —
" \Vlieiice did the ships of t'anada deri\e the right to do in 18Si) tliat which thev
had refrained from doing for nearly ninety )ears ■■
"Upon what groumls did llcr Majesty's (iovernincnt delend in the yearlSJ<(iii
course of conduct in the Behring's Sea which had been carefully a\oided ever since the
discovery oi that sea ':
" By what reasoning did lier Majesty's Government conclude that an act may he
I'ommitted \utli impunity against the rights of the United States uhicli had never heiii
atlcm|>|rd against the same rights when liidd hy the Hussian I'lniiiire V
I have, &e.
(Signed) JAMLS ('.. BliAI.VE.
No, 375.
Sir J. P.iuncrfotr to the Mnnjuis of Siilisburi/, — {Received Jiili/ 8.)
(Telegraphic'.) IVii.sliiiiiilmi, .liihj 15, I8(l(i.
I liAl) a long interview with .Mr. Blaine yesterday, lie said that his health iien-
sitated his departure, and thai he had decided to lea>c for Bar llarbour (o-dny
Alhidinn- to the Behring'-^ Sea <|nestron, he said that it was too late now lo niaki'
any arrangement which would all'ect (he jiresent iisliery season, but that he was ]iri'imre.l
to continuo the negotiations with me from Bar llarbonr, a^^ I should jirohahly soon he in
the ncigldiourhood.
No. 376.
•S'/r J. Vimnrcfolv Id llie Marquis of Salishuri/. — {Rcreiveil Jiihj 7.)
My Lord, \Vi,slu,„jlu,i, .Innc 18, isllli.
I HAVE the honour to reiiort that on Saturday, the 14tli instant, as instrncted i"
your Lordship's telegram of the 11th iiwtant, I addressed to the United States' Sccrctarv
f$07
(if Suile lla- I'lotcsl. a^'*''"'''' "■»)' lurtlicr iiilcii'ciciiix' witli liiitisli scali-is iii linliiiii^'.s
Swi, till! (Init't. ot'uliicli was inclosed in your lioidsliip's dcspalcli dI lliu :.';)lli iilliiiio.
I liiivc the honour l,o iiicioso hoicu ilii copy of tho Protest as ilclivuiud, lom'thor \\iih
ru|J,V
of lilt" I'ovc'iiii;;; note to Mr. IShiiiu
I liave, iSic.
(Signed) JULIAN I'AUNCKl'OTt;.
Inclosure I in No. .'57(i.
Sir .1. Pmuiiefntc to Mr. lilnliif
Sir, l\'iifililii(jtr>ii, Jinif 1 I, 1 S1)0.
Wrril rct'crcncc lo tli'-- note which [ had tlie honour to a(hhoss to you on tiie
mil instant, 1 desire to express to you my deep rc<;ret at havin.:< tailed u|) to the present
tinio to ohtain from you tlie assurnnce whicli I lunl ho])ed to receive, that durin;^' the
ciinliiniancc of our negotiations for the sellleinent of tlic Fur-seal Fisliery (piestion,
lliiti-li s(alin;;-vessels woidd not he interfered with hy United Slates' Keveuue cruizer.s on
i|ic I'pclirin^-'s Sea outside of territorial waters.
liiuin;;; U'ariit from >tiiteinents in tiie puidic press and IVoni other sources tiiat the
llivcinic-crLii>;ers " Ixusii " and " f'orwni " are now ahont to he dispatclied to llie
I'lclirin^'-- Sea, I cannot, consistently with the instructions I jiave rec<iveil from my
(iovcrninoiil, any lon;;;er defer the communication of their formal I'rotcst, announced in
my !iotes it' the 'J'^rd ultimo and the IKli instant, against any sui'li interference with
British vessels. 1 have accordinjfly the honour to transmit the sanu: herewith.
I have, itc.
(Sio ned) JULIA \ !'.\ U N C?:F0TE,
it which tlii'v
Inclosure 2 in No. ;\1('),
Protest.
TIIK Undersii;iied. H; r Uritannic Majesty's Envoy K.xtraordinary and Mini.ster
I'lonipdteiitiary to the United States of America, has the honour, hy instructions of his
• l.ivciiuiuM'l. to make to the Himourahle J. (J. iilaine, Secretary of State of the United
Sl:U','>. till following' conimiinication : —
Her I'ritannic .Majesty's (loNernmcnt have learnt vif' ticat concern, from notices
wiiiili have apjii'Mreil in the jiress. jind tlu' u'cneral accnrac- of which has heen conlirmed
tl
le
I •
lilted
liy Ml. !'>iaine"s staii'incnts to the l'ndcrsi<;iie(l, that ' •.• ( Jovernment
"lalr^ have issued instrilclioiis to their Kevenue crui/.ers. !iout to he dispali'hed lo U.ehriiiii's
Si'ii. iiiiih'r which the vessels of I'rili-h suhjeets will auain he cvposcil, in the prosecution
»t their leiiitimiitc industry on the \\\<r\\ sens, lo imlawfui interference nt the hands of
Uiicriciin officers.
Ilcr llrilanvic Majesty's ( loverimieiit are anxiiuis to co-operate lothi' iiille>t extent
'I ihcir power with the (iincrnment of llii' United Slates in such measures as may ho
loiiiiil lo he expedieiit for the jiroteclion of the seal lislieries. They are at the present
iiiiMiiriil eiinased in exuniininu', in concert >vilh thi' Government of t!>e Uniled Sinic', the
'H^t iiiethod of arriving *'! an ai;rceuiciit upon this jioiiit. Hut they cannot admit tlu'
rijit (>f the United States of their own sole motion to restrict for this inirjiose the
ti'Cu.leiii of Helirinir's Sea, which the United States liiivt\ themselves in former year:,
I'liiiviiiciiifrly and successfully vindicated, nor to enforce their municipal lejiislation
iL::iiii'-l British vessels on tl:e hin'h seas heyond llie liiiiils of llieir lerrifiu'iii! jurisiliclion.
Ihr I'.ritaiinic .Majesty', (iovernmcnl are ihorclore iniahlc lo pass over witlioul
iiiilirc ilic puhlic aiiiinunccmcnl of an intention on the part ot the (lovernincnt I'f the
I iiilnl Slates lo renew the acts of intcrtereiice vmIIi llriti'-h vessels naviifatiiii; oiil->ide
iIh' territorial «;ders of the United Slutes, of which they hii . prcvimi^lv h.nl lo
>'<illl|il;nil.
I he I ntler.s|i;iied i:^ in eoir-eipiencc iii>lructed loinially to protect against s,ncli
iiinlcrcuce. and lo declare thai Her lirit.innie Majestv"s (iovcrnmeiit niu.sl hold the
508
Govenimcnt of the Uiiilcil States responsible for tlie coiisc(|ueiicos whieli may ensue from
nets wliicli lire contrary to tlw jiriiieiplcs of international law.
Tlic Uiulcrsifined lias tlie lionour to renew to Air. Blaine the assurances of liis
highest consideration.
(Siyiicd) JULIAN PAUXCEFOTK.
-No. ;j77.
Sir J. Pininccfnle In the .A/rt)V/i//.v of Siilisliiiri/. — (Ji"criced Jiilij 7.)
My Lord, Wnyhiinjlon, Jiinr 27, 1^00.
I HAVE the honour to transmit herewith a remarkable article on the subject
of the llehrinjj's Sea negotiations which appeared in the "New York Herald" ol
yesterday,
T have, K-c.
(Signed) .JUJ.IAN I'AUNCEFOTE.
Inclo.sure in No. 377.
Eziruct from the " Xcir York HeraJd" nf June 2G. 1800.
(From our regular Corresi)onclcnt.)
^' Hcriild'' Ihircaii, rnriier nf Fi/lrrtilh iiiiif (I S/ri'cts, AM).,
Wiishinijtdii, June 2.5, ]S!)(>,
'I'lll'j story of a recent interference hv the President with the conducl and |)rot;ross
of the Henring's Sea negotiations has been eirculatiiig conridentiidly in Wasiiinnloii for
several weeks. Its publication no«, after the interposition of the President bad cciisutl
and the mischief threatened by it, had passed away, is regarded in some (piarlersas ii
counter-attack on Mr. iilaine for bis alleged Tariif heroy.
TIk' following' is a plain statement of the facts id' ihe Belu'in;i's Sea e))is(iilu.
obtained IVou! an authoritative source. It slio»s that, as soon as the Pn sideni saw tin
conse(|uenccs of his well-meant inienlioii. and that he had separaied biui'-cU' in some
degree from .Mr. Pilaine, he hastened to reunite liimseU to Ihe Secretary and In
strengthen llie hitter's jiosilioi; to Ihe fullest extent as against adverse in(luent?es in tlu'
Adminislration.
Slrps III
Dlpln
le oi'ai discussion
jiinnuinj.
of the Uebring's Sea (luestion began between Secretary Ulniiu'
L'fote las* .lanuary. Tlie Sccrcliiry a.ivanced and llie .MinisU'r
cr)nibated the claim of a territorial jurisdiction by tin Uii'ied States overall that ]iiirt ot
lUbring's Sei: lying east and sdiitli of llie boundary-line drawn Ihroiiyh liebring's Strait
d across the sea by the 'I'rcaly «ilh lUissia for the cession of Alaska to tliis country.
d M
iiiisdr
AVii
lont comin"- to a bead I
lisctission Mas
laid
iiside bv mutual consent ami willioii
jircjiidice to lie i]i:>itioii (d' cither paity, lor the reason that the I'rilisb I'cjire-eiitnlivu
adniilted that bis (lovernineiit was not oiilv willing, hut desirous, on grounds of fronii
neiuliijour
d and of a niulual interest, to enter into an arrani;ement tb
lit woiiM
Sea from ininri'iiis molestution or
etliciently proU'cl the seals resorting to Pidiri
slangbler.
.\s these were the very and the only (dijects for ubich the I'liited States' (lovrrii-
nieiit was desirous to establish its claim lo a territorial jiirisiliclion in the waters ol tlu'
sea, it was agreed to shift tlie iliscussion to the project of an international regulation il
seal-catching wherein a iirohibilion of marine sealing- diiriii;;- the annual hrecdiiig sciisnii
ibl
<inii a leailiiig position. Jiussia, ben
K'cessarv narlv to siicb an arraiigi
nioiil.
and having an identical interest »itb that ol ihe I'niled Stales as the owner ol si
riiiiKciies in Ui'liriu^'s Sea, ".as invited to lake part in the new discussion, anil iliil
tliioii"b its WcsidenI ICiivov at Wa^iiiiiuti
-Mr. Blaine, however,
England was even somethinii- more
was 111 t satislieo lo rest vvl oily upon tin
Brit
isii assurance
that
tl
lan Willi
iig lo assi--l llie I'niled Stales in takini; i
500
flic of itfi s.al property. In preparing for his friendly and informal conferences wiUi
the liritisli Miiister lie had taken, upon his notes, a suggestion to draw info discussion
the i|i:estion, in view of the peculiar hahits of tlic fur-seal (which though nomadic during
iiiirt of eacli year returned regularly and for a considerable period to its home witliin the
riiited States), whether this Government might not lay claim to a right to extend a
reasonable protection to the animal during its various movements in the waters
mrriinnding i(s rookeries.
This discussion he ])rcssed upon the .Minister, relying upon the well-established
lliigli^b doctrine of the "intention to return" to oii'set the legal ai-gunient that property
in animals of a wild nature is limited to the period of possession. This second and
iiuli'liiiuleut claim to a police jurisdiction in Hebring's Iriea is still pending, and the
iir^rtiinents on both sides of it have been fully and formally stated, with the help of
toiiipetent lawyers, and made matter of record, should it ever become necessary to revert
to the claim.
A Close Season,
I'p to the stag; above indicated the negotiations had proceeded without obstruction.
Nut till the IMenipotentiaries came together to settle principal details of the agreed
International Regulations did it a])pear that while the United States contemplated a close
siason in ISehring's Sea covering the whole period of six moriths or more during which
the seals were moving into and out of the sea and were reposing at the rookeries, Great
liritaiu )iroposed simply such arrangements as would reasonably guard iigain-^t an excessive
catching of female seals, by which llie perpetuity of the herd would be endangered. In
liuti of a single and continuous close season, covering the whole time of the yearly
]iiesence of tlie seals in liehring's Sra, whi(!li was the project of the I'nited States, the
I'liilish i)ioposal was of two short periods of closure, one diirinn the inward and another
(hiriiii; the outward movement of the seals, supplemented by a inoad belt of isolation
.inmnd the rookeries, which no .sealing-vessel was to ])enetrate.
Mr. niaine was contident tliat the Senate of the ' ,ited States would not ratify such
11 Cniivention as the British I'leinpotentiary proposed, ojr Congress enact the legislation
iiece>^ai'y to give it effect. Sir Julian was equally sure tli.it neither the British nor the
I'aiiiidian Parliament would legislate ujion the broad lines laid down by Mr. Blaine.
Still both Plenipotentiaries were agreed upon the principle tbiii there should be an
i'llorli\e rcLiulation of the sealing iiulustry, to be attained by mutual co-operiition. The
lliissiiin pfo]iosition ai-corded with that of the United States, but the Russian Minister
lilt it to our (iovernment, as the larger proprietor of rookeries, to act for both.
The real trouble hiy in the statements and ojiinions of experts, upon which
liinh negotiants necessarily had to rely. To settle the defects and contlicfs nf this
so-called eviilenee, and to produce a satisfactory basis for a Convention and the legisla-
lioii necessitated by it, a proposal was moved from the British side to assemble .i Joint
rL'chiiical Coinmission to examine, deride, and report what was actually necessary to
I'linv out the well-settled intention of the jwirties. After a very careful and deliberate
ciMbidenitidii of this proposal, in which the main (piestimi was studied in every possible
ii-lH'cl. .Mr. Blnine gave his adhesion to it.
At tliis point the new lessees of the Alaskan Seal Islands interven'.'d. '{"hey "ere
iHit Hilling to put at issue, in any manner (d' form, the (piestion "befiier fbeie should ho
iiii\ marine sealing in liehring's Sea, however restricted. To make a long story short,
iliey |iii>vailcd, but not at the State Department. The control of the ne^tutiations was
taken from Mr. Hlaine, and be was only permitted, as tlie organ (d' the Government, to
icjiit the iii(i{li(ti viiriidi proposed by the Hiitish (ioveniment to carry the parties safely
tliioii^li the sealing season then close at bund, and report what he cmild learn or guess
til the iiridiable :ietioi! or disposition of Lord Salisbury. The project of a Technical
t'diiiini^sidii was dropped (dean out of sight.
Onlervil In use I'nrre.
The Revenue culteis were oidt'ied to Hehri'lg's Sea, there to enforce uilhili disputed
fillers Ijie full vii;()nr of a ijaw passed with a view to waters not in dispute, and the
csteiision of wbicb Law to the "liters in dispute Congres-i bad shrunk from as lately as
1^*^!', when the (piestion of such an extension was sipiandy presented by a Hill which
«tiit info ("onlerenee and became a Law, Inipiireis at the Tiea--ury Depaitnieiil were
mliiriiieil that the sailing orders to the cutters meant all they said ; that no secret or
~iili|ih'MU'utiiiy orders would issue in favour of British vessids, and that any such vessel
mo
scii'iii;; ill llclu-iiig's Sea would lie suizftl, iclicveil of its Imiiiig ami pniiLTs, and jjc
dismiiutk'il.
Mr. Blaine i<nott that the original (|Liestion at issue had l)roadeiie(l into the liu<;c'i
one of an exercise of the rii;ht of search in time of peace upon tvhat. with eon.-sideiabk'
fori'e of iirgunient and weisjiit of authority, was claimed to he a part of the liii;li seas,
and withonl tlie consent of the friendly I'ower whose v(->eln were to he suhjected to an
imliiiiiity wliicii the I'liited States liad oiicu to jioiio to war to resent. What he knev
the new conductors of tlie negotiations knew necessarily. I>iit tiiey scouted the idea
that Kiigland woiihl do more than protest, and they were iiqt afraid of protestiition.
limjtoml pidtc.ita.
All at oiu'O ii hecanie known thuL Lord Salishiiry meant to do the very thing ]ie«a>
expected not to do, and to ])roteet hy force, if necessary, Ihitish vessels and suhjcctsin
Mchring's Sea. The situation was hastily reviewed, and the conclusion readied tliat,
upon the record of the case as made since January last, tlic {lovernment could not afford
to go lieforo the world, nor even hefore the ])vess and people of the United States, witli
a defence of its contemjiiated jiolicy of violence.
The Revenue cutters were sti)[iped at I'uget Sound to awaii further orders, 'flic
negotiations were restored to the charge of tlie Secretary of State, wlio iinproviseda
proposal designed to cover a retreat not necessitated hy himself and to put the (lucstioii
hack to a nnnnal and proper situation.
There will he no trouhle in Hehring's Sea. The claims of the United States have
hcen preseived in full vigour, and hefore the opening of another sealing season a scltk'-
mcnl will he reached honourahle and advantageous to the United States.
Arbilrdlinii e.rpcrlril.
It is i^xpected that within the next ten or twelve days the negotiations will he su faf
advanced that new sailing orders may he issued to the '• Kusli " and " Corwin," wbicL
ve.iseis will tiieii resume their interru])ted voyage to Hehriiig's Sea, there to i'"rform all
liie duties required hy law, hut not to exercise a di.sputed jurisdiction \\liich it is tln'
expectation of the (iovernmcnt to suhinit to the determination of some disinterestod
I'ower or Sovereign, possihly Pope Leo XIII, as iniimated many months ago in tlicst
des[)atehes.
Mr. Blaine gave it as an excuse that lie could not visit Cliicag; thi> week, wlan
pressed to do so, because of the importance of the liehriiig's Sea negotiations ikji'
favourably progressing, as he said.
No. 378.
Sir J. Pauncefole to the Marquis of Salishurii. — {Received Jitli/ 7.)
My Lord, W'lixhinijton, Jinir 27, I8!)li.
1 HAN'K the lionour to transmit C'py of a note which I addressed to Mr. Ulaiiie
immediately upon the receipt of your liordsiiip's teh'gram of the 2(Uli instant.
I trust tiiat it will meet with your Lnrdship's approval.
I have, iSte.
(Signed) JULIAN PAUNCHFOTE
Inclosure in No, ;i78.
iSir J. I'uiiiicefotf to Mr. Blaine.
Sii
W'dshi It'll nil, June -7, !'''■"'■
I I'll) iiol tail lo tiansiiiil to ihc Manpiis of Salishiiry a cojiy ol your note ol lln'
lull iii.slaia, in wliii'ii, with referenci- to his Lordship's slatcinent, thai JJrilish h'gi-lali""
would he necesMiry to enalde Her Majesty's (Sovernmenl to exclude lUitish vessels Inmi
any poiiion of the high seas, "even for an hour," joii informed me, hy desire ol llic
I'lesidenl, Ihat the United Stales' (Jovernmcnt would lie salislied "if Liird Saii.^hiiri
would. Ii\ piihlic I'roclanialion, sinijily reipiesl thai vessels sailing under llie llrili^ii fc
■hould ah, lain froni entering the liehring's Sea during the present season."
I have now the honour to inform vou that 1 have been instructed hy Lord Sidiiitiir}
511
tn state ti) joii, ill reply, that tlio I'rcsideiit'.s re(jucst presents conslitutioiial difficulties
ihicli wciiild preclude Iler Majesty's (Joveriimeiit iVorn accedinn' to it, e:MO])t ns pint of ii
;;oiiiM'.il scheme tor tlie settlement of the IJehriiijf's Sea controversy, ami on certain ciu-
iliiicins whicli wotdd justify tiie assnnii)tioii by Her Majesty's (jovernmenl of tlu,' i;r;ive
ic>|i(insiliility inv(dved in the proposal.
Those <u)nditioiis are :-
1. That the two (Jovernnients apree forthwith to refer to arhitiation tiie (piestion of
:lic li nality of tiie action of the I iiited States' (Icvernnient in seizing oi' otlnrwise
iiliiiciiiii;' with iSrilish vessels eii;;aged in tlie IJehring's Sea, outside of tenilorin!
fillers, durini;- the years It^Sti, |S87, ;ind ISSll.
2. i'hat, pending the award, all interference witii Hritish sealing-ve^^ols shall ahso.
iir. Iv cease,
■'1. That the United Stales' (Jovcrnnient, if the award should he adverse to tl'.eni on
lliL' ijuestion of legal right, will compensate British subjects for the losses which they may
-ii-tain hy reason of their compliance with the IJritish Proclamation.
Such are the tliree i;on(lilio!is on whicli it is indispensable, in the view of Iler
.Majesty's Oovernment, that the issue of the proposed Proclamation should be based,
As regards the compensation claimed iiylfer Majesty's Government for the losses
anil injuries sustained by Bvitish subjects by reason of the action of the I'liited States'
(li)voiiiiiieiit against British sealing- vessels in the liehring'.s Sea during the years 1880,
IS-'I', and 1889, 1 iiave already informed l^ord Salisbury of your assurance that the
I'nitcil States' Government would not let that claim stand in the way of au amicable
adjust i:icnt of the controversy, and I trust that the rc[ily which, by direction of Lord
Salisbury, 1 have now the honour to return to the I'resident's imiuiry, may facilitate tiie
attaiiiineiit of that object, for which we have i,o long and so earnestly labouri'd.
i have, !kc.
(Signed) JULIAN PAUNClilFOTE.
No. ;i79.
Sir ./. Pnunccfnlf to thr Maninis of Snlisliuri/. — (Received Jiili/ '.L)
iTeloiiraphic.) Wnxliintjion. Jiihi '.). 1 8!j0.
I\ the House of Representatives to-day, on the motion of Mr. Ilitf, the Chainnan
'il ihe Mouse Committee cm I'^ireign .Mfaiis. a Resolution was adoptel, "'i'iiat the
I'ri'siilcut be re(|neste(l to furnish flic House witii the corrcsponileiice liet»een the
(iiiviriiment of the Tnited States and the (iovernment of (Jrea.t Biitain touching the
Miliji'i'ts in dispute in the Belning's Sea since the Itli Marcii, 188!)."
No. 380.
Tlir Miiniiiis of Suliibuii/ to Sir ,/. I'diiiirefolc.
<\r, h'lireiijii ()//lci:, .lulu 10, IS'.IO,
I APIMJOVr, the note addressed by you to .Mr. Blaine on the snijecl of the issue
"la IVoclainalion re(|uestin:^ British vessels to abstain from ciileriiig llie Belning's Sea
'iiiiinu till' present sealing seasmi, of which a copy was inclosed in your dcpalch ot the
-Till iilliiiiii.
1 am, i^c.
(Signed) SAUSBUBY.
512
No. 381.
The Marquis of Salisliunj to Sir J. Pauncefote,
Sir, horririii OJ/ir>; .July 10, lsii)0
I AIM'ROVR tlio terms of tlio note in wliich you t'oiwardud to Mr. Hlaiiic the
protest of Her Majesty's Government against any further iiiterferenee with Uritish
sealers in lichring's Sea, as reported in your despatcli of the 18th ultimo.
I am, &e.
(Signed) SALISBURY.
No. 382.
The Marquin of Sali.'iburi/ lo Sir ,/. Pdttnccf'nli'.
Sir, Foreifjn Office, Anijiisl 2, 1890.
I HAVE received and laid before the Queen your despaleh of thi; 1st ultimo,
forwarding a eopy of a note from !Mr. Blaine, in whi<'h he maintains that the I'uitcd
States have derived from Ilussia rights of jurisdiction over the waters of l!ehriiii,''s
Sea to a distaiu-o of KXJ miles from the coasts transferred to them nnder the Treaty of
the 30th March, 1 soy.
In replying to the arguments to the contrary effect contained in my des|iatcli
of the 22nd .M;
ly, Mr. Waiue draws attention to certain (!xpr(;ssions Aviiicli I
the sake, of brevity in (|U(>ting from Mr. .Adams' dos[)atch ol' tlu'
had omitted for
22n(l .lu'y, lS2.'i. Jfe contends that these words give a dilVei'eut iiieaniiuj: tu tin
despatch, and that the l.att.r does not refute, but actually supports, tiie iircsciil
claim of the Tuiled States. It becomes lux'essary, therefore, tjiat f should rdcr in
greater detail to the eorn^sijondence, an c.xaminafiou of wliich will show that tin'
passage in question cannot have the signilicatioii which Mr. I'laiiie seeks to give to
it, that the words omitted by me do not in reality atlrcl the pdinl at issue, and tli.it
the view which he takes of the attitude both of fireat Britain and of tlu; I'tiitcd
States towards tlu; claim ])ut forward liy ltus>ia in 1^22 caniuit be reconciled with
the tenour of the di'spatches.
It appears from the published pajiers that in 1701) the llniperor I'aul I gr,u\tOil
by Charter to the Jlussian American IJompauy the exclusivi; right of hunting, tmilc
industries, and di'-eoverics of new land ou the north-west coast of .Vmerica \'wm
iJchving's Strait to the .").jth degree of north latitude, with ])crniission to the Com-
2)any to extcnid their discoveries lo the south and to form establishmi'iits tlii'iv,
provided they did not encroach upon Hie territory occupied by other J'owers.
'I'he southern limit thus provisionally assigned lo the Company c(jri't'spi)ii(l>
■within 2(1 or 30 miles, with that which was eventually agr, cd upon .as ih'i houml;iv}
between the British juid llussian possessions. It comprises not only the wliiili'
AnnMTjan coast of Behring's Sea, bnt a long reach of coast-line to the south of the
Alaskan I'eninsula as far as the level of the southern pci'tion of i'rincc! of Wales'
Island.
The Cliartcr, wliich was issued ;it a lime of great lanope.an excitement, .•tttractcd
ajjparently little attenlion at the moMieiit, and gave rise to no i'enion>traiu:i'. li
made no claim to exclusive jurisdiction over the sea, nor do any measures appciu' I"
have been taken under it to restrict tlu; commerce, navii,'ati(jii, or lislna'y of tlu'
subjects of foreign n.ations. But in September 1S2I th(> Ilussian (Jovernmenl issiid
a fresh L'kase, of which the provisions material to the present discussion were a^
follows : —
".'^(■(■tinii 1. Tli>' ]mrsuits nl coniiiien'c, wli;iliii,u
isliUKl.--, iiuit.s, and ^jull's, iMulmlini,' llii,; wlmli. nl' Un
1111(1 lisliiiiu', iiiiil 111' all iiilicr iiiilustry, nil iill
_. ,,--,-.,,...- „ - . . -- - iiniUi-wi'Mt CDiLst of AiinTiiM, I i(>j,'iiiiiiii'„' I'riiiii
IJeliriiij^'s .'^Iniil tu lint ."ilst ilc^'ri-i! nl' ii.irllu-rii l.itilinK' ; iilsn I'miu llu' Alculiiiu IsliUiil-; tn tlit
eiislerii coast, ul' Silicriii, iis woU ii.s iiloiii; llii; Kiiiil.' Isliind.s lium lirjiiiiig'^ Stniil, In llu- .'*oiilli eiii»;"t
tilt! Isliinil III L'riiii, viz., In 15 M' iinidicni latituiiii, are i.'.\i,liisively ;,'niiilcil In UusHiaii .suliji'i'ls.
".SiH!. •_'. Ills tlK'ii'r.iiL' liriiliibitt'il 111 all riin'i;.^ni vesids iml mily to laiiil mi the coasts iiiiJ
isliuiil.s ln:liiiii,'iii;,' to li'ussia, as statcil iibovc, liut ulsn to a]i|ii'nai'li tlicm witliiii li'ss tliiui 10(1 lUilian
iiiilus. 'i'liii Iran.sgi'cssni's vus.scl is .sulijccl to cuuliscaliuii, alniig Willi tin.' wliolu cargo."
By this Ukase the exclusive dominion claimed by Russia on the American Con-
tinent was puslied soni" 2.'50 miles to the south as far as Vancouver Island, and notice
513
was for the first time given of a claim to maritime jurisdiction which was regarded
lidtli ill England and the United States as extravagant, or, to use Lord StoweU's
description of it, "very unmeasured and insupportable."
I'pon receiving communication of the Ukase, the British and United States'
Gnvornni(!nts at onco objticted l)oth to the extension of the territorial claim and to
the assertion of maritime jurisdiction. For the present, I will refer only to the protest
of the United States' Government. This was made in a note from Mr. John Quincy
Adams, then Secretary of State, to the Russian Rq)resentativc, dated the 25th
February, 1822, which contains the following statement : —
" 1 am directed by the President of the United States to inform you that he Ims seen witli snrjjrise
ill ihis Edict tiie assertion of a territorial claim on the part of llitssia extending to tlie olst dejjree
(if imrth liititude on tliis continent, and a regulation interdictini; to all coraniercinl vessels otlier than
Kiissiiiii, u]ion tlie penalty of seizure and confiscation, the approach iiiKin tlie high seas within
liiii liiihiin miles of tlie shores to which that -laini is made to aji]ily. The relations of the United
St;ileH with His Imperial Majesty liave always leeii of the most friendly cliaracter, and it is the
lariii'st desire of this (Government to preserve II ;m in tliat state. It was exjiected, liefore any act
wIiIlIi slioiild dcliue the lioundary between tlie t Tritories ol tlie United States and Russia on this
ii'iitinciil, that the same would have been arranged by Treaty between the parties. To exclude the
visstds (if our citizens from the shore, beyond the ordinary distance to whiidi the territorial juris-
ilictiuii extends, has excittnl still greater surprise.
"This Ordinance affects .so deeply the rights of the United States and of their citizens that I
iiiii instructed to inquire whether you arc authorized to give exidanatious of tlie grounds of right, u])oii
|iii]i(i]ilcs generally recognized by tin; laws and usages of natiiuis, which can warrant the claims and
ri"'ul;iti"iis contained in it."
The Russian Representative replied at length, defending the territorial claim on
grounds of discovery, first occupation, and undisturbed possession, and explaining
tlie motive "which deteriniiied the Imperial (Jovernment to proliibit foreign vessels
from approaching the north-west coasts of .Vmcrica belonging to Russia, within the
distaiici' of at Iciist 100 Italian miles. This measure," he .said, " however severe it
may at first view appear, is after all but a measure of j)reveiition." Uo went on
to say that it was adopted in order to jmt a stop to an illicit trade in arms and
amniuiiition with the natives, against whicii the Russian Government had frequently
remonstrated ; and further on he observed : —
" I ought, ill the last (dai.'P, to request vou to consider, Sir, that the Russian possessions in the
I'liiilic (Jceaii extend, on tlie north-west coast of .Vnierica, from Beliriug's Strait to the fil.st degree of
iinilh latitude, and on the opposite side of Asia and the islands adjacent, from the same strait to
til! -i.'ilh (U'grei!, the extent of ,sea of wdiich these possessions form the limits coni]U'ehends all the con-
iliiiMiis wliieli are ordinarily attaelied to .ikut .ints (' niers fermees '), and the Iliissian (lovernment
mi;;lil, cnnsenuently, judge itself authorized to exercise upon this sea the riglit of sovereignt)-, and
cspeoiidly that of entirely interdicting the entrance of foreigners. lUit it preferred only inserting
in csseiilial rights, without taking any advantage; of lociUities."
To this Mr. Adams replied (30th March, 1822), pointing out that the only ground
ijiven for tlio extension of the Russian territorial claim Avas the establishnieut of a
scttleineiif, not upon the continent, but upon a small island, actually within the
limits prescribed to the Russian American Company in 1799, ami he went on lo
say: —
"Tliis pretension is to he considered not only with r(;ference to the (luestion of territorial right,
lilt also to that )iridiib'tiou to the vessels of other nations, including those i>f the United States, to
;i1i]*i;hIi within UIO Italian miles of tin; coasts. From the period of ibe existence of the United
Suitis as an indi;pendeiit nation, lhi;ir vessels have freely navigated those .seas, and the right to navi-
Wite tlieiii is a part of that iiide]ieniience.
"With regard to the suggestion that the l!us,sian Government might have justified the oxiirciso
(if siiveivi'^nly over the Pacific Ocean as a close soa, becau.se it elaiius territmy both on its American
iiiiil Asiatic shores, it may sulliee to say that the distance from .shore to .shore on this sea, in latitude
.'1^ niiftli, is not leas than 00 degrees of longitude, or 4,000 miles."
Tlu> Russian Rciirosentativo replied to this note, endeavouring to prove that
tlic territorial rights of Russia on the north-west coast of America were not confined
to tli(> limits of the Concession granted to the Russian American Company in 1799,
and art^uing that the great extent of the Paciiie Ocean at the 51st degree of latitude
did not invalidate the right which Russia might have to consitler that part of the
ui!eaii as closed. But he added that further discussion of this point was unnecessary,
as till! Imperial Government had not thought fit to take advantage of that right.
The correspondence then dropped for a time, to be resumed in the following
sinini;. But it is perfectly cl?ar from the above that the privileges granted to the
(128J 3 U
5U
'Russiaii American Company in 1700, wliatovcr vDWl tlioy may liavo had as roganis
otliev Russian siil)i(>L'ts, did not operate to exclude American vessels rroin any part
of tlic coast, and that the attempt to exclude thciii in 11^21 wm at once rcsistwl,
Further, that the IJussian (Jovernmcnt had no idea oi' any distinction lictwocn
l?ehriiii!;'s Sea and the Pacific Ocean, wliich latter they considered as reacliing smitli-
ward from nehi'injj's Straits. Nor tlirouufhout the whole of the sul)se(|uent conrs-
pondenec is there any reference wliatever on either side to any distinctive iianu; lor
Behriiii^'s Sea, or any intimation that it could be considered otherwise than as formini,'
an integral jiart of the; Pacific ()e(;an.
I now com(! to the despatch from ^Ir. Adams to Mr. ATiddlcton of thn 22n(l July,
1823, to which reference has before been made, and which it will 1)e necessary to ijUDtc
somewhat at lent;th. Afti'V autliori/.iiii,' Mv. .Middletoii to enter upon a ne!;otiatiriii
with the llussian ^linisters concernint; the dilVerences which had arisen from tlii'
Ukase of the Ith (Kith) Sc])teml)(-r, 1821 Mr. Adams continues :—
" I'loiii thi> tuimu- (pf tlio rUasc, tlio ]iivteiisiiiiis (if tlic; Iiii[wi'ial (IdVuniiiifiiit extend to ;m
exohisivu tciTiti'iial jiiri.silicticiii IVniii tin' -irilli i l(.';,'i('i! nf iimili liititiule, (in tlic A^iiitic ccmst, to tir
latitiulo (if ."1° noitli (Ui the; western e(ia.sl of the Aiiierieiin (Jdiitiiient ; anil they assume the ii;Jit if
intenlietiiiu tlie naviL;ati(iii iinil tlie iislierv of all (itlier nalimis t(j the extent of f (10 miles I'lmn tl;"
whole (if tliat coast.
"Tile United States can admit no part of these ilaims. Their li^hl of navi^'ation imd of fnUw:
is perfect, and lias liei^n in constant exercise from the earliest limes, altei- the iieiiee uf 178:i, tlir(iiii;liiji!t
tlie whole extent of the .Suiitliein Ocean, .snlijcct only to the ordinary exceptions and exdnsiiais uttl.c
territorial jurisdiclions, wliicli, so far as liussiaii rij;lits .an; concerned, are contined to certain isliuiii-
north of the ooth degree of hititude, and have no existence on the continent of America."
Mr. Blaine has arjjfud fit n;rcat length to show that when Mr. Adams used tlii'so
clear and forcible oxpressions l;e did not mean what lie seemed to say ; that when lio
stated that the United States "could admit no part of these claims," he meant timt
they admitted all that part of them which related to the coast north of the Alciitiiiii
Islands; that when ho spoke of the Southern Ocean, he UKjant to excei)t B('ln'in!;'>
Sea ; and that when he contended that the ordinary exceptions and exclusions (if
the territorial jiuMsdictions had no existence, so far as Russian rights were concerned,
on the Continent of America, he used the latter term not in a gcograpliical hut in a
"territorial" sense, and tacitly exeejited, by a very singular pi-litio piinripii, tlic
Russian ])ossessions. In order to carry out this theory, it is necessary for him also
to assume that the negotiatcn-s in the course of the discussions made indiscriminate n<o
of the term "north-west coast of America," with a variety of signification wliieli !.('
admits to be " confusing, and, at certain points, ai)parently contradictory and irrecon-
cilable."
The reputation of the American statesmen and diplomatists of that day for caution
and j)reeision all'ords of itself strong argument against such a view, and, even if this
had been otherwise, so forced a construction wmild require very strong evidence to
coniirm it. But a glance at the rest of the despatch and at the other paiKTS
will show that the more simph; interpretation of the words is the correct one. Vui
ilr. Adams goes on to say : —
" Tlie corresjiondence helween Jt. I'olelica mid tliisDepa iiieiit eontaiiu'd no discussion of tit;
prineiifles or of tlu' fads upon wliicji he atlempled tlie Justih(ali(Mi of tlie Imperial I'kiisc. Tliu
was purposely avoided on our part, under the expectation that the Imporiid (ioveinmeiit could n'
fiil, u]ion a review of the measure, to revok(! it altoeetlier. It did, liowe\cr, excite uiucli |iiii'li'
auimudversion in this ciumtry, as tlie I'kiise itself lia(i already (hme in Kneland. 1 iudi^c Ii(Tc\vit!i
the ' North Anierii.au Iteview' for()ct(dper l.H'JL', No. 'M, wiiich contains an Artiilc' (p. :.17(l) Miill':i
by a ]ier.sou fully master of the sutijeci ; and for the view of it taken in hainland I refer you !'
the lilty-second iiiinilier of the ' (,liiarterly li'eview,' the article upon l.iciiteiiaut J<nl/vliue's vomui'i
From the article! in the ' Xorth American IJeview' it will lie seen thai the lielits of iliscoviTV
of occupancy, and of uncontested possession, alleged by M. I'oletica, are all without foimdalii'U
iu fact "
On reference to the last-mentioned article, it will he found that the writer
states that "a trade to the north-w(;stern coast of America and tlu; free navigation
of the waters that wash its shores have been enjoyed as a common right by siilijocts
of the United States and of several liiiropean Powers, without interruption, lor nearly
forty years. AVe are by no means prepared to believe, or admit, that all this h*
been on sufferance merely, and that the riglitu oi commerce and navigation in tli.it
region have been vestt.'d in Russia alone." Further on he puts the quest ion in tin'
following manner (tlie italics are his own) : " It is not, we apj)rchend, wlicthor
Russia has any sottiements that give her territorial claims ou the Coutiueut of
m
as n>;,'iirds
11 liny part
cc resisti'd.
im lictwciMi
uiif5 soiitli-
UMii eorros-
iiiimc I'lir
.■IS I'di'min;,'
22ii(l July,
iry to i|uot('
nP!,'otiafioii
II from tlu'
extend to an
(■(last, to tl:i'
lie till' ri;;lit "f
iiik's I'lDUi {h-
mil 1)1' llsliih'.'
>SM, llir(nij;liui;t
ieliusiiiiis iif tl.o
eci'tuiu islirail-:
IS used tlll'SO
that when !ii'
niL'tuit that
tlio Ali'iitian
j)t Bi'hrini;'-
xcliisions (if
e eonccM'iiod,
liicnl but in a
piincipii, the
for liim iiisfi
criminate u-o
tioi; wliieli l.i'
y and irrecon-
:iy for caution
I,' even if this
g evidence to
otlici' papers
ect cue. fiT
liscus.sioii of IIk
il I'kiise. Tiiu
iinieal cmdil ii-:
ill' umcli puUi'
iiidiise lii'ivrntli
(|i. 37(1) Miili'"
I I'd'er yiii t'
/gljiic's viivai;!'^
(S of (lisciivrn
lioilt luunJatiiH
■xt tlio writw
ivc iiavi!,':itiiii!
lit by suiijei't^
ion, i'or nearly
it all tliis ii:^
^ration in ilia'
jucstlon in tin'
lieiid, whctlior
Contiueut of
America. This wc do not deny — but it is whftlirr the location of those settlemonl.i and
tke ilixroverics of her vi;ri(jiilors are siirh nx Ihcij (ire rcprenenlrd la lie ; whether theij entitle
her lo the exclusive jiossenKiim of the inhole territonj north of 5\^, and to Hovereiijnty over
the Piirifii: Ocean lieijond that pardllel."
Tlicsc! pa.ssaijcs siilliciciitly illustrate Mv. Adams' incaninj^, if any evidence bo
re(inire(l tliat be used pbiiii liiiigiiaife in it.s ordinary seiis(!. Clearly be meant to deny
that the Jlussiaii .seftleiiieuts or diseover'"s i^ave lliissia any claim as of !ii,'bt to
exclude the iiavi^atiou or lisbcry of otlu.'r nations from any part of the seas on the
coast of America, .'ind that her rii^hts in this respect were limited to the territorial
waters of cerlaiu islands of which she was in jiermanent and complete occupation.
Jlaviiii; distinctly hiid down this proposition as regards the riubts of the case,
Mr. .Vdaius went on to state what the L'niled States were ready to agree to as a
matter of Conventional arrangement, lie .said : —
" With icgaril to tlio tcri'ltmiiil elaini, seliarnte I'liiui llii; ri^lit of traflic with tli.' iintivos mid
li'.iji iiliy oV.-ileiii ot Culuiiial uxeliisidiis, we ale williii;,' to a^iee to llie liouiulary-liiu' within which tiie
Kiii|ji;rur I'aiil hud granted exclu^iivo iiiivileges to ijie I!iw.9iaii Aiiieriean Coniiiany, that is lo say,
lalilude 55°.
"If the IJus.sian (loveninient ;i|i]iielieiid serious inconveiiieiiee IVom the illicit traflic of foreigners
vith their .seltlenicnts en the, north-wcfit coast, it may lie eH'cctually guanled agiiiiist liy ,sti|iulatioiis
5iiiiil;ir to those ii draft of wliich i.s herewith sulijoiiied, and to wliich you are autliorized, on the part of
tiie United .States, to agree. . . ."
Tlic draft Conveutiou was as follows : —
"Draft of Trent;/ between the United Stedcx and Ilnssia.
".\iticle I. In order to strengthen the liouds of I'rieiidship, and to preserve in future a p(,'rfeeC
];,inn"iiy iiiid good inidi'rstaiiding lietween tile Contracting Parties, it is agreed that their ii ipeetivu
iiti,!fii> and .salijects shall not lie di.sturlied or inoh'sted, either in laivigiding or in eariyirig on
tiirir li^heries in tlic> I'aeilic, Ocean or in the .South .Seas, or in landing on the coasts of tle^on seas,
lu pliues nut already oiHUpied, for the jntrpose of carrying on their eoninieree with the natives of the
iiiinitry, salijeet, nevertheless, to the reslrielions and pio\isions spei'i'i"d in tile two following i\iticles.
"Art. II. To the end that the navigation and fishery of the citizens and ulijects of tlie Coi'.iracting
I'arliis, ropectively, in tlii! I'aeilie Ocean or in the South Sea.s may not ho inaih' ."i [iretext for
illicit tnide with their respective settlements, it is agreed that the citizens of 'ho United States shall
imt laud on any part of the coast actually occn]iied liy l!u.-.sian settlements, unless oy permission
I'l' the (iovernor or Commander thereof, and that IJnssiaii sulijects shall, in lilte nannes lie interdicted
fnaii lanilin'_' without pernu>sion at any settlenaait of tiie United States on the s li-.l 'M.rth-vvest coast.
" .Vrl. III. It is agreed that no .settlement shall lie made heieal'ter on t'.ie ni-uii-west coast of
.\iiieriia hy citizens of the United States or under thuir aulliorily, north, '..or 'y llussian suhjects,
i.r uader the authority of Itussia, .south of the' 55di degree of north latitude"
In an exphinatory despatch to Mr. Rush, the American ilinistcr in London,
same date, Mr. Adams says : —
'■ The right of carrying on trade with the natives throughout the north-west co.xst they (the l.'nited
.Slates) cannot renounce. With the Jtussian settlements at Kodiak, or at New .Vrchangel, they may
l.iirly claim the advantage of a free trade, having so long enjoyed it unmolested, and liecause it
t.;s l.een and would continue to be as advantageous at least to tho.se settlements as to them. Hut
t'ncy will not contest the right of llussia lo prohiliit the trallie, as strictly cnidined to the I'ussian
SMilcnient itself, and not extending to the original natives of thi> coast "
It is diflicult to conceive how the term "north-west coast of America" used hero
and elsewhere can be interpn-ted otln^rwise than tis a|ii)lying to liie north-west coast
of America gi>nerally, or how it ctiii be serifinsly contended that it was meant to
dcHoto only the more westerly portion, excluding tlu; more north-westerly ptirt,
heeaiise hy becoming a llussian po.ssessioii this latter bad ceased to belong to the
Aineriean Cnntinent.
.\lr. HIaine states tliat when .Mr. Middleton diM'lared tlnit Russia lind no right
of ox(dnsii)n on the c lasts of America betucen the TiOtli and (iOtli degrei's of north
latitude, nor in the setis which washed those coasts, be intended to make a distinction
hctwecn iiebring's Sea ami the I'aeilie tJcean. But ujion reference to a M;ip, it will
lie seen that tlie OOlli degree of north latitiidi! strikes straight across Behring's Scii,
leaving liy far the liirger and more importiint |i;irt of it to the south ; so tluit T
eoiifess il !ip[iears to nie that hy no conceivable constructiou of his words can
-Mr. ^liddleton he sujiposed to li.ave excepted that seti from those whicii be declared
to he I'ri'e.
With regard to the coiistriictioii whicdi ^Ir. Blaine puts upon the T-c'v lietween
the Uiiitj'd States and liiissia of the 17th April, 182 1, I will only say that it is, as far
as 1 ;im tiware, an entirely novel one, that there is no trace of its liaviiu' been
[128J sua''
m
known to the various piihlicists who have given an account nf the controversy in
Treaties on Ijitcrnational Law, and that it is contrary, as I shall show, to that which
the liiitish ncj^otiidors placed on the Treaty when they adopted the fst and Ihid
Articles I'ur insertion in the ]Jritish Treaty of the 28th Fehruary, 1825. I must
further dissent, fi-om his interpretation of Article VII of the latter Treaty. That
Article gives to the vessels of tlie two Powers " liherty to frequent all thi! inland seas,
gulfs, ]iav(^iis, and creeks on the coast mentioned in Article III, for the purposi- of
fishing and of trading with the natives." The expression "eofist inentioued in
Article ill " can only refer to the first words of the Article : " The line of demarcation
between tlic possivssiims of the High Contracting Parties upon the coast of thi'
continent and the islands of America to the north-west shall he drawn," &e. That
is to say, it included all tin- possessions of the two Power, on the north-west coast of
Am<!rica. {"'or there wnuld have heen no sense whatever in stipulating that Russian
vessels should ha^ o freedom of access to the; small portion of coast M'hieh, hy a later
part ol the Article, is to belong to llussia. And as hearing on this point it will lie
noticed that Article YI, which has a more restricted hearing, speaks only of "thi'
subjects of His IJritannic Majesty," and of " the line of cnnut dexcrilied in Article III."
The stipulations of the Tnjaty wen* formally renewed hy Articles inserted in tiie
General Treaties of Commerce lietween Great Britain and llussia of 181!} and 1851).
But Mr. Blaine states that " the rights of the Russian American Company, wliifh,
under both Ukases, included the sovereignty over the sea to the extent of 100 miles
from the shores, were res(!rvcd by special clause in a separate and special Articii'
signed after the principal Articles of the Treaty had been concluded and signed."
Upon this I have to observe, in the first place that the Ukase of 1709 did not
contain any mention whatever of sovereignty over the sea; secondly, that the cont<'Xt
of the Sepanite Article is such as altogether to preclude the interpretation that it was
meant to recognize the objectionable claim contained in tlio Ukase of 1821. I will
quote the Article at length : —
" Sqiarate Article II,
" It is umloi'stood in likf manner tliiit tlio exceptions, imnmnitio.'i, ivml privileges liercinafie
mentioned shall not be considered us i'.t variiince with the principle of reciprocity which roiins lli'
basi.s of the Treaty of this date, that is to say : —
" 1. The exemption from navigation dues during the first throe years, which is enjoycil k
vessels built in liussia and belonging to Uussian subjects.
"2. Tlie exemptions of the like nature granted in the Ku.ssian ports of the lUack Sea, (lie .'*r:i
of Azof, and the Danube to such 'J'urkisli vessels arriving from ports of the Ottonuin Empire sitaatcJ
on tlie JSlack Sea, as do not exceed 8(J lasts burden.
"3. The permission granted to the iidiabitants of the coast of the Government of Arclmnjjel, lo
import duty free, or on liaynieut of mixh'rate duties, into tlie ports of the said Governmeut, drii'il or
salted lish, as likewise certain kinds of furs, and to export therefrom, in the same lunnner, corn, rn]!'
and ciu'dage, ]ntcli, and raveusduck.
"4. Tlie |ivivilege of the Kussian American Company.
" 5. The privilege of tlie Steam Navigation Companies of Lubeck and Havre ; lastly,
" 6. The immunities granted in Knssia to certain English Companies, culled ' Yaclit Clubs.'"
To suppose that under the simple words, " the privilege of the Russian American
Company," placed in connection with the privilege of French and Ch-rman Steam
Navigation Companies, and the immunities of yacht clubs, it was intended to
acknowledge a claim of jurisdiction against which ller Majesty's Government liail
formally protested as contrary to international law, and whi(di it had avowedly hceii
one of the main objects of the Treaty of 1825 to extinguish, is a suggestion too
improbable to require any lengthened discussion.
But Her Majesty's Government did not of course; agree to the Articli; witlinnl
knowing what was the exact nature of the privileges thus excepted from reciprocity.
They had received from the Russian Ambassador, in Dcicemher 1812, an expliiuatoiy
Memorandum on this subject, of which the following is the portion relating to the
Russian American Company : —
"IV.
"l.a Compagnie I'nsse-Americaine a lo privilege d'expedior francs de droits: de Cronstadt aiitmir
du moude et d'Ocliotsk dans les Colonies Kus.scs, les jmiduils Itiisses aiiisi ([ue les inarcliiinilisfs
dtrangeres dont les droits out deja etc jiri^levcs ; de meiiie d'imiiortcr au retour de ces Colonies lies
cargaLsins de pelleteries et d'autrcs produits de ces Colonics, sans payer aiicun droit si d'aprts les
lois geiierales il n'est pas dtabli d'iinpot iiarticulier inti'rieur .sur les marcliandi.ses de pcUetcrie.
" ObvrirUiim. — D'apr^s lo Tarif en vigueur, I'importation dcs fourrures dans les pmU ili'
St.-retcrsbourg et d'Archangel, de production Kubsu et siir dos vaisseaux Kussos, est admise sans
droits."
B17
It is surely incredible that if the ])rivilef,'e of the Tliissiaii American Company did
comprise; a ri^lit of exeludinf? vessels from approaeliiiii? within TOO miles of the shore,
it should not even have heen alluded to in this explanation.
Nor is it possible to a^rce in Mr. Blaine's vi(MV, that the exelusion of foreign
vcss(,'ls for a distanec of 100 miles from the coast remained in force pendimj the
r.cijiitiiitions, and in so far as it was not modilied hy the Conventions. A claim
of jurisdiction over the open sea, which is iu)t in accordance with the recognized
principles of international law or usage, may, of cours>, be ass(>rted by force, but
cannot be said to have any legal validity as against the vessels of other countries,
except in so far as it is positively admittc^d by Conventional Agreements with those
countries.
I do not snppose that it is necessary that I should argue at length upon so
cirnicntary a point as that a claim to prohibit the vessels of other nations from
aiijiroaching within a distance of 100 miles from the coast is contrary to modern
international usage. Mr. Adams and Mr, Canning clearly thought in 182:5 that the
matter was beyond doubt or discussion.
The rule which was recognized at that time, and which has been uenerally admitted
bntli by publicists and (rovcrnments, limits the Jurisdiction of a country in the open
sea to a distance of 3 mih^s from its coasts, this having been considered to be the
range of a cannon-shot when the princi[)le was adopted.
Wheaton, who may be regarded as a contemporary authority, c(|ually respected in
Europe and ^Vmcrica, says : —
"Tlic maritime territory of every State extends to the iimts, h;uI)iiiirK, hays, MMHith^ nf rivers,
,111(1 adjacent jiart'i (if the sen inclnsfd hy he.ndlaiuls lichini^in;,' to llic same State. The ^jeiienil iisnge
()f imtidiis supemilds to tliis e>:tcMt (if terrilcrial jurisdiction a distance (if a marine league, or iw
fara.s a cannon-.shol will reach fniiii the shure alenj; all the eoiwts ef thit .State."
And again —
" The rule of law on this .subject is term' ilomiiiiuia finitiu' uhi fi/iitiir nnnorumvii; and since
tin; intriMluctioii of lire-arms that distance has usually been recognized to he aliout ,i miles from the
slioie."
Chancellor Kent, who is inclined to advocate a more extended limit, still admits
that:—
" A(;ciirding to the eurn;nt of modern authority, the g(;neral terrilmial jurisdietion extends int<j the
se,i lis far as eannou-ahot will reach, and no farther ; and this is g'cneially calculated to be a
marine league."
Calvo, one of the most recent text-writers, makes a corresponding statement : —
" I.es liniites juridietionnelles d'liii filat enihra.s.sent non sculemcnt son t(;rritiiire, mais encore les
iMiix (|iii le traverscnt on rcntonreiit, les ports, les haics, les ;:iilrcs, les eiiiliouchurcs des lleuves et lea
gi'iii'ral (lesj nations permct ('galenicnt anx Ktats d'exercer
le canon de leurs cijtes."
iiicrs cnclavees dans son tcrritoire. I-'iis
kit juridiction sur la zone maritime jus(iu'a li mille marins ou a la iiorti.'e de e
Hut I need scarcely appeal to any other authority than that of the United
States' Government itself.
In a note to the Spanish Minister, dated the 10th December, 1802, on the
subject of the Spanish claim to a G-mile limit at sea, Mr. Seward stated : — *
".A third [irinciple hearing on the subject is also well established, namely, that thi.s exclusive
Sdvcrcitiuty of a nation — tlms abridging the universal liberty of tin; se.is— extends no farther than
the piiwer of the nation to maintain it by force, stationed on the ('(last, extends. This principle is
lorsely expressed in the ma.xiin ; ' Terra: (Ivininium Jinitur uhi fuuliir nriiinriim n'-i.'
" But it nmst always be a matter of uncertainty and dispute at what jioint the force of arms,
i-Wrted on the eoa.st, can actually reach. The publicists rather advanced towards than reached a
wlution when they laid down the "rule that the limit of the force is the range of a cannon-liall. The
range of a cannon-ball is shorter or longer according to tin; ciicuni'.tanccs of in-ojection, and it umst
lioiilways liable to change with the improvementof the .science of ordnance, .Such nnci;rtainty upon
11 point of jurisdiction or sovereignty would be imiductive of many and endless controversies and
coiillicts. A more practical limit of national juri.sdietitni upon the high seas was indispensably
necessary, .and this wius found, as the T'nder.signed thinks, in lixing the limit at o miles from the
co,ist. t'nis limit was earlv proposed by the |iublicists of all niarilime nations. While it is not
insi.skMl that all nations have accepted or nciiuiesced and bound themselves to aliide by this rule
wli(;ii applied to themselves, yet three jioints involved in tin; subject are insisted u[ion by tlio United
States : —
• Wharton's International Law Digest, vol. i, § 32.
518
1. Tliiit lliis limit has lncii ^;oiiorally iccnj^nizeil liy imtioiis;
' 2. Tliiil Mil i>tlicr j^ciutmI rule Inis Ikhmi iicc.ciitnl ; and
'H. Tliul il' ail)- Slate Inis siiciMU'dcil in lixiii',' I'or ilsclC a lai-^;iM' liiiiil, this lias liciMi
liy till
cxc'l'ciso 1)1' iiuiritiiiii: ]iiiwcr, and cunstitiitL'S an fXi'i'iitiun tn tlic i^'iMicial undiTstandinK wliiili li\u
tlio mnyo of a ciiiiiKin-sliiit (wlicn it is inado tlie li'sl nf jiiiisdictiun) at J niili'S. Su isciiiTiilly i.
this lulij a(^r('i)lo(l, tliat VM'itcis inuiiiiniily iiso tliu I'Xiiiv^sions cil' a raii^^u dI' cannnn-sliut ami I! iiiilij
as ('i|iiival('iils ui uacli
foruicr."
■tin.'!'. In ullicr casus, tlioy nsu lliu lallut uxiiiossion as u sulntilutu lur ihu
And ill a later coiiiinuiiicatiou on tlio saiuo suhjoct ul' tlio lOtli Aufjiist, 1863,
be ol)serves : —
" Ncvritlicli'ss, it I annul lut lalniittcd, nor indi'(;d is Mr. Tas.aia niiiirislniid tu tlaiui, llmt tii-
incrc assc'itiun u( a Snvcrcinn, liy an ait nl' Ic^islalinn, however solcinn, can liavi; the cH'i'i" •
Cfltiililisli and lix its cxtiTiial niaiitinii! jiirisdicti'in. His li^^ht to a jurisdiction of :i miles is iler
not from his own llucivc, lull from tliu law of nations, and exists, even tlion;,'li he may never liiivc
proclaimed or asserted it liy any Il.jcree or Deeliuation what'ioever. He cannot, liy a nien^ Dwiw,
t'Xtenit the limit and lix it at (i miles, liecanse, if he conld, he could in the same miuiiier, ami U|h)ii
inoiives of inlcresL, aniliitidii, or even npon cajirice, lix it at 10, or I'd, or ,'iU miles without the coiisfiit
or iic(|ai('scem'e of oilier Towers which liavu a common rii.'lit with himself in the freedom of all tin
oceans. .Such a iirutension couM never he snccii.ssfuUy or rij^htl'nlly maintained."
The same jji-iueiples were laid down -ii a note addressed to Sir E. Thornton Iiy
Mr. i'ish, tiien Seeretary of State, on the 22iid January, 1875. ilr. I'isii there stated;
" We liave always uiiderst'iod and asserted that pursuant to puhlfe law no nation can
rightlully elaim jtirisdietion at sea heyoiid a marine leaijue from (he eoast."
lie then went on to explain the only two exeeptions that were apparently knov.u
to him so far as the United States were eoneerned: certain llcvenue LaAVS '"'■'
admitted the hoardiiiii; of vessels at a distanee of !• Icaj^ues fiDm the eoast, which, L
said, had never heen so ajiplied in jiraetiee as tf) give rise to complaint on the part of
a foreio;n GoM'rnment; and a Treaty between the United States and Alexieo of ISf-,
in which the hoiindary-line l)etween tin.' Iw" States was described as bcijiniiinu' in tlic
Gult of Mexico, 3 teao;ues from land. As regards this stipulation, be observed that it
had been explained at the time tiiat it could imly alVeet the rights n!' Mi'xico luid tlio
United States, and was never intended to trench upon the rights of Great Ih-itain or
of any other I'ower under the law of nations.
It would .s(;em, therefore, (liiit llr. lish wa.s entirely unaware of the exceptional
jurisdiction iii Jiehring's Sea, w iiieli is now said to hav«! been conceded by the United
States to Ilussia from 1S2.'3 to 1S(;7, transfeiTcd to the United States, so far ns tlie
American coast was concerned, oidy eight years before he wrote, and wliidi would
presumably be still acknowledged by them as belonging to Ilussia on th(^ Asiatic shore.
I must siijipose that when Mr. Hliiine stales that "both the L'nited States and Great
Britain recognized, resjjceted, obeyed " th'- Ukase of 1821, in so far as it allVctiil
Behriiig's Sea, he has some evidence to go upon in regard to the conduct of iiis
country which is unknown to the world at large, .id which lie has not as yci
produced. Ikit I must be aUov.id altogether to deny that the attitude of Great
Britain was such as he represeiit'; > r that she ever admitted by act or by sulferamv
the extraordinary claim of maritime jurisdiction which that Ukase contaim.'d.
The inelosed copies of con'sijondenee, extracted from tlu; andiives of this Olfiei'.
make it very (liflieult to believe that ]\lr. Blaine has not been altogether led into crriir.
It results from them that not only did Her ^lajesty's Government formally jnotest
ag.'iinst the Ukase on its iirst issue as contrary to the aeknowh'dged law of nations, but
that the Jlussian Government gave a verbal assurance that the claim of jiudsdictiun
would not be exercised. In tlic subsequent negotiations great importance %3s
attached to obtaining a more formal disavowal of the elaim in the manner least
hurtful to llussian susceptibilities, but so as ell'eclually (o preclude its revival. And
tliis security the British Government undoubtedly considered that both they and tlif
United States had obtaimjd by the Conventions of 1821 and 182.5.
Upon this point the instructions given by ilr. George Canning to Mr. Stratford
Canning Avhen the latter was named Plenipotentiary to negotiate the Treaty of Ib'l'i
have a material bearing.
Writing uiuler date the 8th December, 1821, after giving a summary of tk
negotiations up to that date, ho goes on to say : —
" It is eonipnrativcly indili'ereut to us whuther wu hasten or post|)ono all question.'^ respecting the
limits (if teiritnriiil po.saession on the Continent of America, hiit the iireteneions of the Kussian I'tef if
1821, to exclusive dominion over the racilio, could nut continiio hinder uurelieulcd without coui[)dliBc'
U3 to take somj measure of puhlie and eflectual remonstrance against it.
6T9
.tiliile lur the
" VdU will, th(\ri'fciri', tiiko rurc in tlio liist iiistimtM to ii'iuvsh iiiiy (illfiii|it to jjive tliis cljanfje to
lliR chimcti'r rif the my itintioii, and will dci'liri-i', willidut rcsiTvc, lli;it flm ]«nnl Id wliiili iiluiio the
solii'itiiilo of till' IJritisli (iiivcriimc'iit, iukI tin; jimIuii v uf tliu liritiili imti(jii, attacli any ureat
ill!]" r'^iiipo is till! (Idiii^! away (in a iiiaiiiicr as littlo (li-;i^'ieeablo to llwiaia m possihli') of tlio cfl'oct
dtl,r I'kas.. oriH2l. ^
Tliiit tlii.s Ukases in not in'tcd ii]joii, and that iiiatniotioris liavd loii;,' n^o Iwcn ;Hi'iit hy the llnssian
(I'lVcriiiai'iit to their iriiizcrs in tlu- I'acilic to .siis|iciid thc! t'xociitioii of its ])rovision'i, is tint', Imt
i piiviit'! disavowal of a imlilishi'd claim is no siTurily a','ainst tin' n!viv;d of that claim ; tlio
iii'|«MisiiiM of thn cxocution of a ))riiic:iiilu may U: iicii'uctly coiiiimtihlu with tho contiunod inaiiiteimnco
if tin.' priiiciplu itself.
• »••••
"Till' iii;lit of tho snhjpcta of His Maji'sty to imvii;ato freely in tlin Pacific cnnnot ^'", held na a
mattiT uf inilnli^cni'i' from any l'owi;r. Havin;.^ oncu hucn pnhliidy iincstioiinl, it ri'i ' hu imhlidy
fi.kninvlnlL;i'd.
" Wi' do not ' Riro thiit any distinct refurenco should bo inado to tho Tkus.. of 1-!l'1 hut wimIo
IVil it lll■l•(■s^iary that the statement of our ri!,dit should hu iduar and iiosi'ivi', uinl that it .-hould
«t.iiiil fi'i'th in the Convention in tho [ilai'ii whirh |iro]icrly hcIoii','s to it as a i.liin aiii! sulistantivcs
s!i|iulittiiin, and not ho hrout;ht in as an incidi-nt^il consi'iiui'iicu of other arran;.,'i'nieiits to wliieh we
ult.iili i'niii]iiirafivL'ly little im|iiirtanci'.
"This stipalaliun stands in the f»mnt of tho Convention conduiled between IJussia and tho
Uniti il Stiites of America, and wo st«3 no reason why, iijjoii simihir chiims, wo should not obtain
txiiilly the like satisfaction.
•■ Kiir reasons of the same nature we cannot consent that the liliuity of naviyation thronyh
Ilcliriiiu's Straits should he stated in the Treaty as a hooii from Uiis-iia.
"The tendency of such a statement would lie to ^ive conntenaiice to those claims of exclnsivo
jiiri.iiliptinn against which we, on our own behalf and on that of the whole civilized world, protest.
" It will of course strike the Russian I'lenipotentiaries that, by the adoption of the American
Article res])eotinf,' navi<,'ation, &c., tho provision for an exclusive (isliery of 2 leagues from the coasts
"four ifispeclive ]iosse.ssions falls to the Hi'ound.
" I'.ut the omission is, in truth, iiniiiaterial.
"The law of nations assigns the exelusivo sovereignty of 1 league to each Power off its own
iums, without any specihed sti|inlatioii, and though .^ii (.'harles liagot was aiithoii/ed to .sign the
I'mivi'iitiiin with tlie speeilic sti|iulatiiiii of 2 leagues, in ignorance of what had been decided in tho
.ViinTiiiiii Ciiiiventioii at the liiiii!, yet, after that Convention has been soiii* months before the world,
ami after the op[ioi'tuiiity of recousidiMation has been forced upon us by the act of Itnssia herself, wo
laiiii'it now consent, in negotiating rfi; ;/«i-», to a stipulation which, while it is ahsolutely unimportant
ti any |iractieal good, would appear to establish a cuiitnict between the United .Stales and us to our
liisailvautage."
Mr. Stratford Canning, in his dospatcli of thc 1st March, 1825, inclosing tho
Conveutiou as signed, says : —
" With respect to Bolmng's Straits, I am happy to have it in my power to assure you on tho joint
aiulinrity of the Russian Plenipotentiaries, that thc Em|»'ror of Pussia has no intention whatever of
maintaining any exclusive claim to the navigation of these Straits, or of the seas to tho north of
them.'
Those extracts show conclusively : (1) that England refused to admit any part
of the llnssian claim asserted by the' Ukase of 1821 to n maritime jurisdietion and
oxeln-ive rit^ht of lishini; tliroiiLrliouf the whole extent of fliat claim, from Beliring's
Strnits to the ."ilst paralli'l ; (2) tluu the Convention of 1825 was regarded on both
si(le< MS a reniiiieiation on the part of Hussia of that claim in i;> entirety; and (3)
that ihi)ui,'h Hehring's Straits was known and s|ieeifieally provided fur, Bciunig's Sea
«nsii,it known hy that name, hut was regarded as ])art of the I'iiciHe Ocean.
The answer, therefore, to tli<' (piestioiis with which .Mr. Blaiiu! concludes his
iles]iateli is tiiat Her Majesty's Government have always claimed the freedom of
tmvig:ifioii and iishiiii; in Ihc waters {,f IJehrinLr's Si-a outside the usual territorial
limit of 1 marine league from the coast; that it is impostihlc to admit that a public
right to lisli, (-atch seals, or pursue any other lawful occupation on the high seas
ran 1)1! held to he abandouwl by a nation from the mere fact tiiat for a certain
nuinlier of years it has not suited the subjects of that nation to e.vercisc it.
If must be remembered that British Columbia has come into existence as a
Colony at a comparatively recent date, and that the lirst considerable influx of
population, some thirty years ago, was due to the discovery of gold, and did not tend
to an immediate develcpment of the shipping interest.
I have to request that you will communicate a cojiy of this despatch, and of its
iiielosiu'i's, to Mr. Blaine. You will state that llrn- ^tajesty's Covernment have no
ilesire wh.iicver to refuse to thc United States any jurisdietion in Beliritii^'s Sea which
was conceded by Great Britain to Russia, and which properly accrues to thc present
520
possessors of Alaska in virtue of Ti-oatics or the law of nations ; and that if the
United States' Government, after examination of the evidenec and arguments whicli
T have prodnecd, still dlil'er from them as to the legality of the recent captures in
that sea, they are ready to agree that the question, with the issues that depend upon
it, should he rcfomid to impartial arbitration. You will in that case be authorized
to consider, in concert with Mr. iilaine,- the method of procedure to be followed.
I am, &c.
(Signed)
SALISBURY.
Inclosure 1 in No. 382.
Lord Londonderry to Count Lieven.
Foreign Office, January 18, 1822.
THE Undersigned has the honour hereby to acknowledge the note addressed
to him by Baron de Nicolai, of the 12th November hist, covering a copy of an Ukase
issued by llis Im])erial ^Majesty the Emperor of All the llussias, and bearing date the
4th September, 1821, for various purposes therein set forth, (^specially connected with
the territorial rights of his Crown on the north-western const of America horderiug
upon the Pacific, and the commerce and navigation of His Imperial Majesty's subjects
in the seas adjacent thereto.
This document, containing Regulations of great extent and importance, both in
its territorial and maritime bearings, has been considcnnl with the utmost attention,
and with those favourable sentiments wliich llis Majesty's Government always bear
towards the acts of a State with which His Jlajesty has the satisfaction to feel himself
connected by the most intimate ties of friendship and alliance, and having been
referred for the Report of those high legal authorities whose duty it is to advi-se llis
Majesty on such matters, the Undersigned is directed, till such irieudly explauations
can take place between the two Governments as may obviate misunderstanding upon
so delicate and important a point, to make such provisional proti'st against tiie enact-
ments of the said Ukase as may fully serve to save the rights of llis 5rajesly's Crown,
and may protect the persons and jjrojjcrties of llis Majesty's subjects from molestation
in the exercise of their lawful callings in that quarter of the globe.
The Undersigned is commanded to acquaint Count Lieven that, it being the
King's constant desire to respect and cause to be respected by his sulijects, in tht
fullest manner, tb(! Emperor of Russia's just rights. His Majc'sty will be ready to enter
into amicable explanations upon the interests alYectcd by this instrument, in such
manner as may be most acceptai)le to His Imperial Majesty.
In the meantime, upon the subject of tin's Ukase generally, and especially upon
the two main principles of claim laid down therein, viz., an exclusive^ sovereignty
alleged to b(!long to Russia over the territori(!s therein described, as also the exclusive
right of navigating and trading within the maritime limits therein set forth, liis
Britannic Maj(!sty nuist be understood as hereby res(!rving all his rights, not being
prepared to admit that the intercourse which is allowed on the face of this instrument
to have hitherto subsisted on those coasts, and in those seas, can be deemed to he
illicit ; or that the ships of friendly Rowers, even supjxising an unqualified sovereignty
was proved to appertain to the Imperial Crown, in these vast and very imperfectly
occupied territories, could, by the acknowledged law of nations, l)e excduded from
navigating within the; distance of 100 Italian miles, as therein laid down, I'ruin the
coast the exclusive! dominion of whicdi is assumed (l)ut as llis Majesty's Government
conceive in error) to belong to His Imperial Majesty tin- iJmperor of All t\u' iUissias.
(Signed) LON DONDEIlllY.
621
Inclosure 2 in No. 382.
Memorandum hy the Diikf of Wellincjtov. — {Srpleiiiher 1 1, i '■^'JU.)
IN the course of a convoi-sation ■\vliicli I lisid yi'sterdtiy witli (Jomit Licvon, lie
infitriiieil tliat he liad boon ilirootorl to j^ivc verb;,! ox])lanntif)ns of (lio I'kaso rospceting
(he iidi'tb-wostern coast of America. Tliosc <'\|pIaiiation.s went, lie saiii, to tliis. tliat
ilic Ijiiperor did not |>f()))os(! to carry into execniion the I'kasc in its ('xteiidod sense;
tlmt ills im|)erial ^[ajesty's sliips bad ))ci'n diiocted lo cruize at tlio siiorlesl ])ossibie
(li^tMiicc from tbe siiore. in ordtjr to supply tiie natives with arms and amnuuiilion.
1111(1 in order to warn all vessels tliat tliat was His linpei'ial .Majesty's dominicm, and
lli;il His Imperial Majesty bad besides j;iven directions to bis Minister in tbe Unite'l
Sfiitcs to agree upon a Treaty of Liimits witli the [Tnited .States.
Inclosure 15 in \o. '.]H2.
Mr. G. Ciiiininij io the DuI<p nf Wi'lliiK/ln)!,
My T/ird Duke, Forilyn Office. Septemhn 27, 1822.
Vt)l'R (iraec is already in possession of all tliat bas passed botli bore and at
St. l'etersl)urii;b, on tlie subject of tin" issue, in September of last y<'ar, by tbe l^nperor
of Hiissia, of an L'kase, indirectly assort iiisi an rxelusive ri^lit of sovereii^nty from
l)('iuiiii;'s Straits to tlu; .'ilst degrei' ef nortli latitude on rlie west coast of America, and
to tiie (."itli deijree north on the op[iosile coast of Asia; and (as a qiialiliod o\<Mciso of
that liu'lit) probibiting all foreiiijn ships, under pnin ef eonfiscatioii, from approaebincf
«it'..'ri l()(t Italian miles of tlios(,' coasts. 'I'liis Ukase liaviui; been eoinmunieatod by
Haron Nicolai, tbe iUissian CbarLre d'Atliiires at tbis (.'oiirt, to His .Majesty's Go\-ern-
iiiciil, was fortbwitli sulimitted to tbe legal antboritios wbose duty it is to advis(> His
.Majesty oi\ sucli matters, and a note was in ci)iise(iu»'iH'(' addiess(;d by tbelato Marquis
iif l/)iulonderry to Count Lieven, tbo llnssian .Vmhassinlor, ;ind also commnnieated to
His .Mrijest;, 's .\mbassador at St, I'etersburt^b, jirotestiiii; Mt;aiii>it tin- enactnuMits of tlie
said Ikase, and reqiiestint; sucb amicable explanations a ,in"i;bt toiid to roconeile tbe
|)iotciisions of Itussia in that qiiartiT of the ;;lobe with tbe just rij^bts of His ^^!ljesty's
Crown and tbe interests of bis subje(;ts. .\s sucb cy|>laiiatioiis will jirobably be oiVered
tn your Orace during the Conference's about to take place at Vienna, 1 basten to
«ii,'nii'y to yon tbe King's commands as to the language wbicli yon will bold on tbe
|iart of Jlis Majesty upon this siibjoct.
'I'be ojiinions given in November and December Inst by Lord Stowell .'iiul by His
.Majesty's .\dvocate-(ieneral (copies of wbieli are already in your possossinrn will
funiish you witb tbe best legal ari,'umenls in oppusi'ion to tbe pniteu'^ions put foi'ward
ill tlio llnssian l'kase; and, as in both tlu>se opinions much stress is very properly laid
iipfiii the state of actual oceupation of tbe territories claimed by I'lissia, and the
dill'iroiit periods of time at wbicli tlii\v wen.- so oecu]iied, 1 have obtained from tbe
(iovcrnor of tbe principal Company of His ^lajesty's subjects trading in that part
of the world tlu! information wbieb your (Jniee will tind in tlie inelosel papers.
That information will enable you sutriciently tu prove to tbe liussiaii Minist<'i', not
"Illy (hat the ])oint of prior discovery may be fairly disiuited witb Russia, but that tbe
iiiMcli more certain tit'e of actual occuiiation by the .lu'ents aiul the trading s"rvaiits of
till' llnrlson's Hay Company extends at this moment to many dogree> of higher l.afitude
on the north-west coast of Vmeriea than is eiaimed as the l.'rritory of I'usi-ia by tbe
l'kase in (piestion.
J^nligbteiied statesmen and jurists have long licKl as insignilicant all titles of
ti'vritory that are not founded on actual occupation, and that title is, in the opinion of
tlii'iaost e.stoemod writers on [uiblic law, to be established only by |)iaetieal usi'
A\'ith respr'ct to the other points in the l.kaso \\liicli have the olVeet of extending
till' territorial riglit» of linssia over tla. adjacent seas to the unprecedented distance of
I'll) niiles from tbe line of coast, and of closing a bitberto uiiubstructeil jiassagc, at the
piTsont moment the object of imjiortant discoveries for the jironiotion of ifcneral
commerce .and navigation, these prelensionsjireconsideri'd by the best leijal authorities as
Jiositive innovations on the rights of navigation; as such they can receive no explanatiou
from further discussion, nor cau by possibility be iustilied. Commou usage, wliieh has
L128J 3 X
522
obtainofl the force of law, has indeed assigned to coasts and shores nn accessorial
boundary to a short limited distance for ]iurposes of protection and ijeneral convenicnco,
in no manner iiiterlcrin!^ willi the rights oi' others, and not olistruetinL,' tlie f n-edom of
fjencral eoinineree and iiavi^'atimi. hut tiiis important qualilication tlic exirnt of the
present claim entirely exclucles, and wlien such a prohibiiioii is, as in tiio present caso,
applied to a
of coasts and also to iulcrincdiate islands in remote
•^eas, wlioro
navitration is l)eset Avith innumerable and unforeseen dillleulties, and wlicro tlic
principal employnienl ol' lln' li-'n'i-ics lousi he pui^ued umh';- eireumslances uiiicli an;
inconipatil)l(> with the jirescrihed coui'scs, all particular consiileraiions eoncui', in
an esjjeeial mannei', witli the '^("iiernl |)rin(;i|)le, in rejullinL,' such a ))rc'teiisi(m ns
an encroachment on the I'n'edoni of n;iviuation. and ilir unali<'nahle riy:lds of all
nations.
I liavc, indeed, the satisfaction to l)elie\-e, from a eiinl'erenee which I have had
with Count Lieven on this matter, that upon these two ])oin|s -the attempt to sliut
lip the passapj altoEjether, and the (daim of exclusive dominion to so enornioiis a
distance from llie coast — the Jlussian (iovernineni are prepared <'ntirely to waive their
pretensions. The only eflort tliat has l)een made to justify the latter claim was hy
reference to an Articde in the Ti'i^aty of Utreclit, which assi^^us IJO leagues from the
coast as the distance of ])rohil)ition. Hut to this ari,'innent it is suiruricnl I o answer
that the assumi)tion of sueli a space was, in the instance quoted, by stipulation in a
Treaty, and one to wliicdi, tiicrcfore, tlie party to he alVected l)y it had (wliellier wisely
or not) given its delil)erate consent. No inference could bedrawn from tliat transaction
in favour of a claim liy authority against all the world.
1 have little dmiht, llierefore, but (hat the public notification of the claim to
•consider the portions of the ocean included between the adjoining' ci):ists of Ameriea
ninl the linssinn I'mpii'O as a mdrc rlanKum, and to <'xt(Mid the I'xclnsive territorial
jurisdiction of Russia to I'm Kalian miles i'rom the coast, uill be jiuhlicly recalleil,
ami T hav<' the K'iiig's comm:in'ls to instruct your (Jrace further to n'tpiire of the
llussian .Ministi^r (on the ground of the facts and reasonings furnished in thisdespateli
and its in(dosures) tliat s\udi a ])ortion of territory ahme sliall be delined as iKdonsjinL.'
to I'ussia as shall not interfere with the rights antl actual possessions of Mis .Majesty's
subjects in \ovth Amerie.'i.
[ am, &e.
(Signed) OEO. CANNING.
Inelosure i- in No .'5S-J,
yirinniiUKliiiii nn l\usit!ini I'hisc nf ]^'2\ .
IX the month of September 1>^l*l His Imperial Majesty the ICmperor of llnssia
issued an I'kase asserting tlie existence in theCrnwnnf j'nssia of an exclusive risrlit
of siivcreignty in the countries I'xtrnding frcnn liehring's .Straits to the "ilst dc^'reeol
north latitude on the west coast of .\merica. and to tln^ l.')th degree of north latitiulo
on the op|iosite coast of Asia; antl, as a (|nalilied exercise oi' that riu'lit of sovereiLTiity,
])i'ohihitini,' .'ill foreign vessels from approaching within iOH Italian mihs nf Iho-i'
coasts.
After this L'kase had heen submitted hy the king's (loveruuu'nt to those h".'al
authorities whose duty it is to advise His Majesty on smdi nuitters, a note was
achlresscd hy the ' ite .Maripiis of l/indonderry to Count Lieven, the jlussian Amhas-
sailor, jirolcsijui; against the enactuu'nts of this Ckase, and i-e(|uesting such aniiealik'
explanations as might tend to reconcile (he |)rctensioiis of jtussia in (hat (piaitiT
of (he globe with (he just rin'hts of Mis Majcst\'s (,'rown and (hi- intei'csts of his
subjects.
^Yo (d)ject, lirst, to the claim of so\creigniy as .set I'nrlh in this Ukase; and,
secondly, to the mod<' in AAhiidi it is excrcisf^d.
The best wi'iters on the laws of nations do not nt(rihut(! (he excdusive sovereipity,
parti(!nlarly of <!ontinents, (o (hose who have lirst disc,ov<'reil (hem ; and al(hiiuu;li »''
might on good grounds dispute with I'ussia the priority of disenvcry of tiicsi'
(lontinents, we contend (lial the much more easily pivived, more comdusive, and iiiori'
certain title of occu|iation and use ou','lit to . ide (he claim of sovereignty.
Now, we can proM- tiial the I'higlish North-WCsf (Jomjiany and the llii(l5on>
l!ay Cnmpany have for many years estahlisheij lorls and other (raiiiug-slalioiis ih
a country callc<l New Caledonia, situated to the west of a range of mou'itaius cnlhil
523
Itoc'vV ]\linintaiiis, and oxteiulinn; aloiif^- the shoros of tlio Pacific Ocean from latitude
li/toliititiideCJO".
Tills (/ompaiiy liivowise ])oss('ss I'actorics and othoi" cstaldislimcnts on Mackenzie's
IliviT, uliicii lulls into the I'^razor IMver as i'ar nortli as latitude (j(j" ?>()', IVoni wlience
they cJin-y i)u trade witli the Indians iniiahitinif the countries to tlie west of tliat
river, ami who, from tlu.' nature of the eountry, can eommunieate with Maelcenzic's
lliviT with niorc! facility than they can with the ))osls in X(!w ('ale(h)nia. Thus, in
ii[i|)i!-.itioii lo tlie claims I'oundeil on diseo\ery, llie ]n'iority oi wliieh, howev<'r, we
cimri'ive we miijjlit fairly dis|)ut(!, we have the iudis])utahle claim of oecupaiiey and
iiM' foi- a series of years, whi<;li all the hest writers on the laws of nations admit is the
hpst'i'ounded claim for territory of this description. Olijecting, as we do, to this
tlaini of e.\.elu8ive sovereipfuty on the part of llussia, I miyht save myself the trouble
of (liseiissinu; the particular mode of its exercise as set forth in this Ukase. But
Vii' olijeet to the sovereii^'nty pro|)i,sed to l)e exercised under this Ukase not less than
uc(i(j lo the claim of it. We (Munot admit the riyht of any Power possessing the
siivcr.'innly of a couiiti'y to exclude the vessels of others from the seas on its coasts to
till' (listiniee of 100 Italian miles. We must ohject likewise to the arrangements
fimtaiiieil in the said Ukase conveying:' to jji'ivate mevcliaiit-ships the rii;ht lo search in
tiiiie of peace, &c., which ai'e i|uite contrary to the laws and usai^es of nations and to
llic inaciiee of modern times.
(Signed) "WELLINGTON .
ViioiKi, Octnlwr 17, 1822.
To f.'oinit Xesselrode.
Indosure 5 in Xo. ^H2.
C'jiiiit Xos.frlrodc lo IliC Duke of IVclliiif/loii.
(Airrnuin' (onlidentiel.) Wrniir, Ic 11 (2;?) Novcmhic, 1«22.
i/i: Cahinet de Uussie a pris en inui'(> consideration h; ^Fenioire Confident iel (jue
M. Ic i)ue(h' Weiliiiin'ton iui a reniis le 17 Octoln'c dernier, relaliveinent aux mesures
:iilii]itei's ])ar Sa .Majesle rHiupereur, sous la date du ( t) 10 Septemhre, Isiil, pour
ilcli'iiniiier reteiidue des possessions Itusses siir la cote nord-ouest de rAmeri(|Ue, et
\mw iiitcnlire aux Aaisseaiix etrangers i'ajiproclie de s(.'s )ioss(>ssions jusfpfa la distance
ilelooiuilles d'ltaiii'.
Les ouverfures faites a ce sujet ;m (Jouvernement de Sa Majesfe Jiritanniipie
liar le Comte de Lieven an iiiomenf oil cet Amhassadeur allait (luittor Londre.s
(loivent (leja avoir prouve que I'opinion que le Cahinet de St. .lames avail concne des
miMires (lent il s'agit net.'iit point fondi'-e sur une appreciation entierement exactc des
viics (le Sa Majeste Iin))eriale.
\i\ Itiissie os| loin de meconnnltre que I'usa^'e et roccu])ation constituent la plus
^'lli(le il(>s titi'es d'apnV lesipiols un f'tat jmisse reeiamiM' des di'oits d" souveraiuete
<iir line portion qnelconque du ConliiienI ],;i j'lussieest plus loin encore d'avoir voulu
imlir|)a'-s(.i' arhili'aiicineiit les linvt?s ipie ee litre assigue :i ses (hniiaines sur la cote
nniil-iiiKsl (le r.Vmerique, ou eriger en ]iriiieipe general d<! droit maritime les regies
i|u'iine myessite puremenl locale I'avait oliligee de poser pour la navigation etrangere
ilan« li' voisinage d(> la ])ar(ie de cette ciMe qui Iui apparlient.
I'elnit an contraiie |i;iree (|u'elle regardait ces droits de souveraiuete coturue
Ic'^ritiiiKN, ot ])arce (jue des eonsidei-ations imperieuses tenant it rexisteiiee nn'^nie du
miiiiiieire (pi'elle fait dans les ])arages d(> la cote nord-one.st de rAmericiue, hi fon;aient
11 I'talilir im syslenir de pri'^eaulions deveiiues indispensaliles, ipi'elle a fait paraitre
I'Ouka.v du (1) 10 Septemhre, ls21.
La liussie serail toujoiirs prete a faire part des motifs ([ui en juslitient les
fcliiiMtiiiiis ; mais pour le moment elle se hornera aux ohscrvations snivantes: —
-M. le Due de Wellington allirme, dans son Memoire Conlidentiel du 17 Octohre,
|i"' (Irs I'tahlisseineiUs Anglais, appartenant a deux Compagnies, cell;- de la l?aye de
Ihiilsoii ('t eeUe du Xor(h(hu'st, s(> sont form(''s dans une contree nppeh'e la Xoiivelle-
tali'doiiie, (jiii s'(-ten(i le long de la cote de rOei'an I'dcitlipie, depiiis le Ml' ius(|u'au
dO' (legre de latitude septentrionale.
_ La liussie m- parlera point des I'tahlissemenls (pii iieuveni existerentre le t!l" et
Will' |i,u:i 111' le; mais i|uant aux aiitres, elle n'h.'site jias de ediivenir (prelle en ignore
JUSqiiii pi'e.M'iit rexisleiiee, pour autaiit an inoiiis ipTils loneher.aienl I'l )eeaii l'aeili([Ue.
Les Cartes Anglaisos menie les plus recontes et les plus (uHaillees n'indiqueut
[1 S] 3X2
524
absolument aiicune des stations dc comiiiercc nipntionneos dans le Momoire du
17 Octohir, SUV la coti.' nir-iiu' do rAnii''ii(jii(;, cutio le 51' ct Ic (iO' degn; dc latitude
st-ptcntiionalc.
D'iiillcuis, (loj)uis Ics I'xjR'ditioiis do Jidirin-j; et de Tclurikoff, c'est-fi-dire dcpuis
|)i'es d'uii sii'-elo, di's ('•talili^scmoiits Hiissfs out pris, fi paj'tir du GO' dci^iv, line extension
pi'0!,'iTssivi", i|iii (U's I'unnee 17!)9 les aviiit I'ait parviMiii' jiis(iiraii 'lo' paralli'le, eonimc Ic
porte la ])i'eini("^i'(' {'liarte dc la Cunipaf^iiii: Itusse-Anir'i'icaine, cliarto ([ui a i'e(;u daas h
temps lino pii!)Ii(.'il>'' ollicielle, ct i|ui u'a motive aiicmie [irotestation de la part de
rAnuletene.
Cette inemc cliarlc accordail a la (.'ompayinic llussc le droit di; poi'tcr m's
ctablissemeuts vers le midi an dcla ihi 55' ilcu;re de latitude^ si^plcntrioualc, iiourvii ([uc
de tcls accroiss(;mcnts dc teiTitoirc lie piisseiit doniici" motil' de I'celaniation h aucuuf
Puissance cti'ans^cn.'.
L'Antiletcvre n'a pas non plus i)rotesti' eoidrc eette disposition; olle n'a ])as mcme
reelame eontrc Ics uouvcaiix ctal)lissemenls (jue la ('ompau;nic liussc-Ameiicainc a pii
t'ormei" an sud du 55' deijie, en vertii dc cc privilege.
La iiussie ctait done plciiieinont autorisee a prolltcr d'un coiisentemeiit ([ui, pdiii'
ctu! tacitc, ii'en etait pas moins solcnnel, ct a dctcriuiucr pour bol•n(^s de scs doinaim's
le degre de latitude jiisiiu'amiiiel la Com])ai^nic lUisse avait ettnidu scs opcvatioiis
depuis 17'.)!).
Qiuiiip.'il en soit. ct (|ucl(|iic I'orcc <(uc ccs cirr'(jnstanccs prctenf aux litres dc hi
Iiussie, Sa Maje»tc Impi'rialc iic dcvicra point dans cette conjuncture du systcmc
liabitucl de sa politique.
Lc premier de scs vumix sera toujours de prcvcnir toute ilisciission, etde consolidcr
dc plus cu plus le.s rapjxn'ts d'amitie ct de parfaite intelligence ([u'eilc se I'clicitc
d"ciitretcnir avc(! la Orande-lirclagne.
En eoiisc(jucnce riviu])cieiu a charge sou Cabinet de declarer a il. le Due di;
A\'ellini:;ton (huuh (|iie cette dcclaiation ])uisse prejudieier cu ricn a scs droits, si die
ii'etait point aeceplce) ijii'll est |)ret a llxcr, an iuo_v''u d'ii:ie ut''i;'ociation amicule, ot
sur la l)ase des e(juvi'uaiiccs mutiicllcs, les deifies dc latitude ct dc longitude que lc«
deux ruissimees fcu-arderont commc dcrnicro limites dc leiiis jiossessions ct de Icurs
etablissei-'.cnts sur la cote novd-oiicst de rAnu'riqiic.
Sa .Majeste Impcriiilc se jilait a cioirc (]uc cette ncu;ociation ])Oiirra se terniincr
.sans dilliculte a la satisfaction n'-ciproquc fles deux fitats ; et lc Cabinet do Itiissic
pent assurer des a present M. |c Due de Wellington que les mcsures dc precaution ct
de surveiilanc' qui scroiit prises alors sur la partic Russe de la cote d'Amcriqiic se
trouvcroiit entierement eonibrmcs aux droits di'-rivant de la souverainctc, aiiisi qii'aux
usages etablis entro nations, ,:t (praucuin^ plaintc legitime no pourra s'clcvcr
contre cllcs.
( Trniislation.)
(Conlidcntial Menioranduni.) Verona, Xnrt'mhcr 11 (2;5), 1^21
THE Cabinet of I'lissia liavc taken into mature consideration the Contidi'iitiai
M(!iuoranduni forwarded to them by the Duke of Wcllintjton on the 17th Octolicr
last, relative to tlie measures adopted by His Majesty the J'lmjjcror, under date it the
4th (Kith) September, 1x21, for deliniui.'' the extent of the Russian possessions on tlic
north-west coast of America, and for I'oibiddin'.^ foreign vessels to ap])roaeli lii^
possessions within a distance of I'M) ftalian milca.
The <)\i'rtiires made on this subject to iiie Cio\cinmeiit of His [{ritannic Jfaje>ly
by Count de liicMai at the momciil when that Anibiissjulor was aiiout to leave EoiidiJii
must already ha\c proved that the opinion which the (Cabinet of St. .lames' had I'oriucd
of the measures in i|itestion was not founded on an entirely .accurate a])prei'iatioii
of the views ot His impia-ial Majesty.
Russia is far from failing to recognize that custom and occu[)ation constitute 'In'
most solid title upon which a State can claim rii^hts of sovereignty over any portion "I
the mainland, itussia is still further from having wislied to arbitrarily ti'ansnicss tlic
limits which that title assigns to tier dominions on the iKM'th-wcst coast of Aiiienca.
or to exalt into a treneral priMii])le of maiitimi! law t)ie rules which a uccessit\ nl
purely local cliaractcr had obliged her to lay down for foreii;n navigation in tin'
neighbourhood of the ])ortion of lliat coast which belongs to lier.
It wa;., oil the contrary, because she re^iirded those rights of soverciijuty as
legitimate, and because imperious eonsidecitions iuMilving the \cry existence of tlu'
eommerci.' which she carries on in Hie latitudes of the north-west coast of Aiiien'i':i
compelled Uer to establish a system of precautions which became indispcusahle, that
she caused the Ukase of tlic Ith (Kith) September, 1^2], to be issued.
r.26
Itiissiii would be always ready to cxi)Iain the motives which justify the provisions
III tliiil (locumcut ; hut tor the inojucnt she will coiiiiiie hersell' to the follQwin<,'
iilhi'i\Mtii)iis :-
'I'lic Duac of AVi'lliiif,'t()ii asserts, iu his rdiilidciitial .McnioiiiiKhun ol' the 17th
Oi'tiil)('r, that Euiilisli ('sfiil)lisliiiii'uts h('l(jiiy;iiiir to two L'oiiipanios, the Hudson's Bay
('oitipany and the Noif!i-West ("ouipaiiy, have hcen lornu-d in a country called N(!W
Ciiiwloiiia, which <'xt('ndsi aloiiL;- tin; coast of the Pacific (Jecan from the l!)th to the
(iOtli (Icuicc of north latitude.
Iliissia will not refer to the cstahlishnienls which may exist hetween the l-9th and
')h\ jiaiailcl ; hut, with reu'ard to the others, she docs not hesitate to admit that she
h, up to tlu! present, ii^noiant of their existence in so far at least as to their touehini;
tlic raeiiic Ocean.
I^ven the most recent and most minute Eni,'lisli ^laps f^ive ahsolutely no indica-
lioii (if the tradiuy: stations, nienlioin-d iu the Alemorandum of the 17th October,
oil tlie coast of America bet.Mcen the olst and OOth dci^ree of north latitude.
On the other hand, since the expeditions of JJchrini; and Tidiirikoff, that is
nearly a century ago, Jlussian establishments have extended progrcssividy from the 60tli
(Iciricc, so tliat by the ycai' 17'.)'J they had reached the o.")th parallel, as is shown by
the first ( liarter of tiie I'usso-Ameriean Coni])any, a Charter which received official
pulilicity at the time, and drew forth no protest on the part of England.
This same Charter i,'rantcd to tin; Eussian Company the right to extend its
istiiblishiucnts towards the south beyond the Goth degree of north latitude, provided
thdt such uierease of territory could not give rise to objections on the part of any
foreiini I'ower.
\or did England protest against this provision either, nor did she even object to
till' new establishments which the Russo-Anieri(;an C'oniiiany was able to form to the
Miiitli (if the Goth degree in virtue of that privilege.
Russia was therefore fully enlitliMl to iirotif by a consent whicdi, for being tacit,
I'lis none the less solemn, and to lix as the bouniiary of her dominions the degree of
hititiidc 11]) to wiiich the Kussian Company had extcndi'd its operations since 17'.)fl.
H(> this MS it may, and \vhat(;\('r force these circmnstanccs may uivc to the titles
of Russia, His liupeiial .Majesty will not deviate at this juiK-ture from the habitual
system of his policy.
His tirst M'ish will ;iiways he to ])rcvent all discussion, and to strc'iigtlieii more
mid more the relations of friendship and ('(unplete understaudinu; wbicli he is happy to
miiinlain with (Jreat Ihitain.
roiise(|uentiy, the I']m])er(ii' has eharired his CMliinet to declare to the Duke of
Woiliiitjton (such deidaration not to prejudice his ritrhts in any w;iy if it be not
;i(.'C('])le(l) that he is ready to fix, by means of friiMidiy negotiation and on the basis of
mutual aecoiiimodation, the de^'^recs of latitude and loiiL^itude which the two I'owevs
>liall regard as the utmost limits of their ]ioss(,'ssions and of their eslablisbnients on tlie
north-west coast of America.
His Imperial Majesty is ]ilcased to believe that this negotiation can be c()m]deted
ivitluiut dillieulty, to the )iiutiial satisfaction of the two States; and the Cabinet of
Russia can, from this niouient, assure the Duke of W ellinirton that the measures
of liiccaution and superintendence « hich will then he taken on the Russian part of
tile coast of America will lie entirely in conforniily uith the rinbts derived from
so( iviyii'y and with the established customs of nations, and that liiere vvill be no
|'0.vsihility of legitimat'' cause of complaiul against them.
Inelosure (i iu No. 381,'.
Thr Duliv of W'clliiiijlon In Mr. (i. L'aniiiiiij.
■"'■r, I'eroiKi, S'i)rfinl)rr IJS, 1s2J.
I INCIiOSM the c «py of a I'onlidential .Meinorandiini whicii I gave to Count
NCssilriide <<n tiie 17th Octuber i'eiiarilin'4 the Kussian Ukase, and the cojiv of his
answer.
I have had one or two discussions witii Count Lieveii upon this ])a|)er, to w hieh I
'I'ljpct, as not enabling His Majesty's (iovernment to I'ouud upon if any negotiation to
I't'tli' the fpu'stions arising out of the Ukase, whicli h.'nc not got the better of these
ilillicullics : and I inclose you the cupy of a letter which 1 have written to Count
Uuvcii, which exjihiins my objections to the llussiau " ,^[l'■moire Contidenticl." This
r.2(i
question, then, stands oxactly wIicp' it diil. I linvc iint l)con alilc fo fl<i anytliin;'
ujioii it. '
I iiavo, itc.
(Si-nod) AV I':LLINGT()N.
Inclosuri' 7 iTi No. ;iS2.
Thn J)ukf of IVrliiiKjton to Count Licvni.
M. Ic Comte, Vpioiki, Xoremhei- 28, 1822.
IIA\'IX(r considpi'cd the pajxT wliicii yonv I'ixceliciicy t^avc nic last iil!,'lit, dm
the part ol' his MxceUeucy (Joimt Ncsscirodfs on the siihject of oiif diseiissioiis on tin'
Russian Uicas(;, I must ini'orni you tliat J cannot coiisciit, on tlie ])art of niy (iovcrn-
ment, to found on tiiat paper tlie neu;otiation for tlie settlement of tiie <|uestion wliidi
has arisen lietweeu liie two Uov(U'nments on tliis snbjeet.
AVe oljject to tlie Ukase on two irrouuds: (1) that ITis Imperial IM'ajesfv assume?
thereby an e.\ehisiv(" sovereignty in Noith ^Vmeriea, of whieli we are not prepared to
acknowled!,'e the existene(; or the extent; upon this jioint, Imwever, the ^Memoir of
Count Nesselrode does alVord the means of iiei,'otirilion ; and my (lovi-rnment will lio
ready to disenss it, either in London or St. I'etershuruii, wiienincr the state of tiip
discussions on the other questicjn ai'isiiig out of the I kase will allow of the disenssion.
Tlie second ii;r(mnd on which avo object to tlus l'kas(! is that His [inprri;ii
Majesty thereby excludes from a certain considerable extent of the ojien sea vessels of
other nations. We contend that tlu; assumption of this power is contrary to the law
of nations; and we cannot found a lu'ifotiation u])on a paper in which it is as,Min
broadly asserted. M'v contend thai no I'oAver whaiever I'an excdnde another from the
use of the open sea ; a I'ower can exchele itself fnmi the iiavinatioM of a certain const,
sea, &c., by its own act or i-iiiiaijemcnt, but it cannot by rin'lit \h' evcUided hy aiiotlici'.
This we consider as the law of nations; and wc cannot n(>uf)tiat(r upon a paper in
■which a riisht is asserted inconsisteni with this prinei])le.
J think, therefore, that the best mode of j)roceediM>^ woidd be that you should
state your readiness to nenntiate upon the whole subject, without rcstatinii; the ohji'c-
tiouable principle of tin; Ukase which wo cannot admit.
I have, &c.
(Sii,nicd) WELLiNG'I'ON.
luclosurc S in No. 3S2.
'I'hr Dukr of H'rHiiii/loii to Mr. (t, CanniiKj.
Sir, \'eroi\(i. Nori')iilirr 29, 1^-2.
SINCE I wrote; to you yesterday 1 have had another conversatiou with tlir
Ru.ssian ^linister reuaivliiiL;' the Uk.ase. It is now -.ettled that both the .Meniorandiiiiis
which I inclosed to you should be considered as iion (iri'iiKu, and the Hussiaii
Ambassador in Lcmdon is to address you a note in answer to that of the late Lord
Londonderry, assuring you of the (lcsir(! of the fhiqieror to nei;oliale with you iipoii
the whole quest i(jn of the Empeiiir';i claims in North America, r(>serviui;' them idl if
the result of the negotiation should not he satisfactory to holh parlies.
This note will then )iut this jnaltcr in a train of iiei^otiation, which is wlial aa>
wished.
1 have, &c.
(Signed) AVEJ.LINGTON
luclosurc '.) in No. .'(62.
Count lAeven to Mr. G. Cunninij.
A LA suite des declarations verbalcs ipie le SoiissiL;ne, Ambassadeiir JAtn-
ordinaire et J'lenipoleiiliaire (1(> Sa Majesti' ri!in|n'renr de 'I'oiites les Jlussie.s, a faitis
au Minislere de Sa Majesle J5ritaimi(]ue, le Cabiuet de St. James a dil se convainere
que si des olijeetions s'etaient eleviMss contre le I{efjlem(;nt jiublie au nom de !3i>
Majcsti' I'Empereur de Toxitcs los Eussifs sous la date du -I. (16) Septembro, 1821, les
mesiiri's iiltoriourcs adoptc'cs pnr Sa Majcstt'! Iinperiale no laisseiit aueuii douto siir la
piu'cli' (li- scs Yiics ct siir IimU'su- (|u'cll(' aura toiijoiirs dc I'diicilior sos droits ot scs
interi'ls avoc lc:< iiiteiots ct Ics droits ilcs I'liissauccs auxciuelles i'linisseiit les li(!ii3
il'imc .■iinitic vorifalilc ct d'niic liieiivcillaiicc rcci|)i-i)(|U(;.
A\aiit d;5 qiiil'cr Vcroiic, lo Soussi^iK! ti rc(;ii I'oi'drc d(! donnor an Gouvcrnomont
'ic. S;i .Majcsto J{ri(aiiiiii|iic uiio iiouvcllc prciivc dcs disjiositioiis coniuicsile rEinjJcreur,
I'u proiiosaiit Ji son Ivvccllcnci^ M. L'aiiniiiLC, l^riucijial Si-crctain^ d'Ktat dc Sa Majost6
Bi'itainii<|uc ))oiir jcs All'aircs i^traiiircn's, sans (pic ccttc pro])osition piiisso porter
utteintc nux droits de Su Majcstc Inipcrialc, si die u'ost jms neeeptce, (jui; dc part et
d'luilrc la (juestion de droi* strict soit provisoireincnt ecartce, et que tons les dillerends
;uix(iiicls a doiine lieu !c l!>"i,'lcnicnl dunt il s'ai^il, s'ai)|)lanissunt par un arrancrenient
Miical I'onde sur le seul ])niieii)c dcs coiiv(>nanecs iniitucllcs ct (|ui serait nci^oeie a
St. I'ctorsbourg.
Ji'r.nipcrcui se flaMe que Sir f'liaries Haijot nc tardcra point a reeovoir les
jiiinviiirs ct les insi ructions iiccessaircs a ect cflet, ("t que la proposition du Sonssi[,'n6
aclii'vera dc dcinoutrer au (jouvevucniciit de Sa Majcsfc Hrit;inni(|ne (.'onibien Sa
ilajcste Imperiale souliaite (|u'aucuae diverjjjence d'o])inioM no puisse subsister entrc
ia itussio ct la Grande.Bretai;ne, et qu(! le plus parfait acx-ord continue dc pi'esider h.
Icins relations.
i,c Soussiirne, &c. (Signe) L1E\''EN.
l.mulrcs, h- 1<) (;U) Janvier, 1R23.
(Translation.)
BY tlie verbal decdarations made bv tbc I'ndersiirned. Ambassador Extraordinary
;iiul ricniiioteutiary of Jlis Majesty tiie iuujjeror of All llie "Rnssias, to Her
Hiitiiiinic Majesty's Ciovcrnnient. the Cabinet of St. .lamc^' nui>-t liave been eoiiviueed
'liai. tliiiuiili e\-cc|ition bad been taken to tbe lic^idation ])ub!islicd f)n the ttb (l(!tb)
■^I'litriiilicr. IH^I, iu ilic name oi' His Majc'^ty tlic IjniH'i'or of All tlie Itiissias, tbe
■-ii'>sri|uciit steps lakcn by His hnjicrial Mnjcsly Icnve uo doubt as to tbe purity of bis
iiitciitiiiiis. and as to tlic ilcsin- wbicb will always animate bim to reconcile bis own
rii^lils and interests witb those (if tbe I'owers to wliicb be is linked by bonds of true
liii'ii(lslii|) and recijiroeal sjood-will.
Hcfon; icavini^ V(M'ona tbe rndersigned received instructions to give tbe Govcrn-
mi'iit (if Her Biilannic ^Majesty a new ))roof of tbe known feelings of the Emperor, by
|M'0|iosing to his '.'Ixecllcncy Afr. Canning, Her Hritaniiie ^[ajesty's Principal Secretary
"f Stale for I'drcin'o AlVairs, whilst rescrvini;' tlu; riiiiits of His fmpcri.al ^lajcsty
-lidid'l tbc jiroposal not be acccpt(>(l, that the (|Ucstion ot strict right slenUd be provi-
-ii'iially set aside by bdth parties, and that all the dilTer(Mices creatcil by tbe I'ecrula-
liiin in (|ucslioH should b(^ sniontheil over liy a friendly arrangement based sdlcly on
i!ii' |ii'iiiciple (if mutual accdiumndatidU to he ncu'dtiated at St. I'cteisburiih.
liic Ijiipcror Hatters himself tliat Sir Charles liai^ot will very shdrtly receive the
iii't'i'ssary ]towerK and instructions iu tin- abovi; sense, and tiiat the proposal of the
I'liilersigned will completely con\inc(> the tiovernment of Her Britannic iLajesty of
till' earliest wish of His Imperi.al Jlajcsty that no dilVcrenee of oiiinion should exist
lii^lwecn Hiissia ;ind (ireat I'ritaiu. and that the most perfect ai;'recnieut should
I'imtiiiui! to ii'iiidc their relations.
The riidersi-ned, >tc. (Signed) Lli;\i:.\.
I.oikIdii, .hiiiiianj 11) (111), 1^2;!.
Inelosure 10 in No. •\'^:l.
Mr. a. CnnnliKj lo Sir C, litK/nl.
i^ir, luiv'iyn Oflici', l-'chniary '>, lb'l',i.
WITH resiicet to my despateii of tbe 31st Dceeniber last, transmitting to your
Lxecll, iiey ll.o copy of an iustruetion addressed to the Duke of Wellington, as well
as a (icspatch I'rom bis (irace dated Vermia, the 2'.ith iSOvcmbcr last, both updii the
siiljj( ct (if the Jiussian I ka.sc of Se{>tembcr 1S21 I have now U> inclose to your
lixcclleiicy the copy of a )i(ile \\hieli has liccii addressed to me by Count ]jiev(;n,
t'xuri'ssing 11 is hnjieiial ilajesl s s w ish lo cuter intd miUic aniicalde .anauncmciit IVir
828
bringing this sulijoct to a satisfactory termination, and requesting that your Excellenev
may be furnished with the necessary powers to enter into negotiation for that purpose
with His Imperial Majesty's Ministers at St. Petersburg]).
I avail myself of the ojjportiinity of a Russian courier (of whose departure Count
Lieven lias only just ap])nsed me) to scnil this note to your I'xeelleney, and to drsiiv
that your Excellency will proceed to open the discussion with the Hussiun Alinjsti'r
upon the basis of the instruction to tlie Duke of Wellington.
I will not fail to transmit to your l''xcelleney full powers for the conclusion oj' nn
agreement upon this subject, by a messenger wliom f will dispatch to yon as soim ns I
shall have collected any f'urtlier iiiformalioii which it may be exju^dicnt to t'lu'iiisii to
your Excellency, or to found any riirtbcr instruction upon that may be necessary for
your guidance in this important negotiation.
I am, &c.
(Signed) GEO. CAN .XING.
Inclosure 11 in No. 382.
Mr. Li/all to Mr. fif, Cannintj,
Sir, Ship-owners' Sorieti/, New Broad Street, November 10, 1S23.
IN tlie month of June last you were pleased to honour me with an interview (Jii
the subject of the Russian Ukase (jrohibiting foreign vessels from toiichim; ;it dr
approaeiiing the Russian establisliments along the nortii-w(!st coast of America tlieroiii
mentioned, when you bad th(; goodness to intorni me that a representation h;i(l licoii
made to that tiovernmcnt, and that you had reason to believe that tlie Ukasi' wuiilil
not be acted ujion ; and very shortly after this comnuiiiication I was inlornicil, mi
what I considered undoubted antliority, that the llussinn (Jovcrnment bad co'iseuted
to will:';raw that unfounded ])refension.
The Committee of this Society lieiuLr about to make their annual IJeport to tln'
ship-owners at large, it would be satisfactory to tlu-m to be able to state tiie.ciii timt
official advices have been received from St. I'etersburgb that, the Ukase had lu'cn
annulled; and should tliat be the case, I have to express the bopcMif tlu; Coniniittiv
to i)e favoured witii a communieatioTi from you to that cil'ect.
I have, &e.
(Signed) (iKOHUE LYALL,
Cliairmiiii of Slilp-ownfr.s' CommHtee.
Inclosure 12 in No. ;}H2.
Lord V. ConyiKjIifim to ^fr. Lyall.
Sir, Foreign O/ficr, Xnreinlier 2<i. l'"-'!.
I AM directed by ^fr. Secretary Canning to acknowleilge the I'eceipt of voiir
letter of the lOtli instant, expressing a iiope that tin; Ukase of September JN'Jl li:iii
been annulled.
Mr. Canning cannot authorize nu' to state to you in distinct terms that the I kao'
has been aninilled, because the negotiation to which it gave rise is still iieiiiliii!.'.
embracing as it does many jioints of jjcrent intricacy as well as importance.
But I am direct(!d by ^tr. Canning to accpiaint you that ord<!rs have been seiii
out by the Court of St. Petcrsburgb to their Naviil Commanders calculated to prrvciii
any collision between Russian ships and those of otlicr nations ; and in ellVet su-iiier.iliiiL.'
the TTV-ase of Septemb(n' 1821.
I am, &c.
(Signed) E. CONYNCnAM.
(Extmct.)
A UONG pijriod has
additional instructif)ns for
Ukase of 1821.
Inclosure 1!$ in No. 882.
Mr. (i. Canning In Sir C. Bmjot.
Foreign OJfirr. .Iiiniinry 20. Ib2i.
elapsed since I gave your Excellency r(^a,sen to expwi
your conduct in the negotiation respecting the llussiaii
That oxppctntioii was lir'ld out in tlic bolicl' thai I sboiilil liiivc to iiisfnici \oii to
foiiiliiiii' your prof'f'cdiiii,"* witli tliosi* of the Amci'ic.'iii Aliiii^tci', anil tliu iVamin;^ such
instnu'tions was, of iiofcssity, dolaycd until ^li'. liusli should l)e iu possession of the
intentions of his (jovornincnt viiion tiie siihjoct.
• ••«««
ii remains, tlierefon;, only for mo U) direct your Excellency to resume your
nci:(Mia(ion ^vitli the Court of S!. IVI'-vshnr^-li al tlie ])oint at which it was suspendc-d
in e(in^('(|ucncc of the cxpecterl accession of the United Stales, and to endeavour
to liriii!,' it as s])ecdily as ])ossil)le to an aniiea!il(> and honourable conclnsiou.
'I'lic fjuestions at issue between tJreat Hritaiii and Ilussia arc short and siniyjlc
Till' llussiau rkasc contains two ohjectionahle ])retensions : tlrst, an extravairant
ussinnption of maritime .suiiremae\ ; secondly, an unwarranted claim of territorial
dominion.
As to the first, the disavowal of Russia is, in suhstanec, all that we could desire,
Nothina: remaius for negotiation on (hat head but to clothe that disavowal in precise
ami sali'-ractory terms. AVe would much rather that those terms should be smju'ested
by llii^sia bci-self than have the air of pretcndini^ to dictate them. You will, there-
fore. ii:i|uest Count IS'esselrode to furnish you with his notion of such a declaration on
this jioint as may be .satisfactory to your Goverumeut. That declaratioa may bo made
the preamble of tko ConTcntion of Limits.
Inclosurc 14 in No 382.
Mr. G. Cnnniwj to Sir C. Bagot.
(Extract.) I'nroujn Offiiv, Jul,/ 2t, 1821.
TT1J-; "Projet" of a Convention, which is iiiclrised iu my No. ii(j, baviiii^- been
coinnumicatcd by me to Count I,ievcn. witli a request that, his Excellency would note
any points iji it ujion which he conceived any dilficnlty likely to arise, or any
os)>laiiation to be iiecess;iry, 1 have reeoived from bis Excellency the Mejnorandum a
copy of which is berewith inclosed.
\'iiur J-lxeelli.'ncy will observe that there are but two points which have struck Count
Lii'veii as susceptible of any qut^stion : the lirst, (he assuuiptinn of the base of the
mniuitains, instead of the sunnnit, as the line of boundaiy ; the second, the exti.'usion
iif tlie riu:lit of navigation of the I'aeiCic to the sea bevond Uehrin^'s Straits.
"* • • «* «■ *
As to the second point, it is, jierbaps, as Count Eieven remarks, new. But it is
til he remarked, in return, that the eircuinst;inees un(h;r which this additional security
is reipared will be new also.
liy the ti'rritorial demarcation agreed to in this "Projct," Paissi.a will become
liO-vsossed, in acknowlcdired sovereignty, of both sides of Pehrings Strtiifs.
The Power which co\ild think of making the I'acilic a man' rlduxani may not
mniiiturally be su|)posed capable of a disjiositii'ii to a])ply the same cbaractei' to a strait
i'om|irehen(led between two shores of wbich it becomes the nudisputcd owner. Hut
till' sliiiitinLT up of Hehring's Straits, or the power to shut them up hereafter, would bo
:i tiling' not to be tolcrati'il by Englaiul.
-Nor could we submit tu be excluded, eitlujr positively or constructively, rnmi aj
si'u iu which the skill and science of our seamen has been and is still employed in
oiik'iprises interesting, not to this country alone, but the whole civilized world.
file protection given by tlu> Convention to the American coasts of each I'ow'cr
may lif it is thouirhi neeessarv) be extended in terms to the coasts of the Hiissian
Asiatic territory; hul in some way or other, if not iu the form now ju'cscnted, the free
nrivJL'atiou uf Echring's Straits, and of the seas beyond them, must be secured to us.
Inclosure 1.") in No. 3S2.
Mr. G. Canning to Mr, S. Canning.
(Kxiraet.) Foreign Office, December S. lS2t.
Ills ilajesty having been graciously ])leascd to n.ame you his I'lenipotentiary for
■ ' ■-■■-- - ■'^' ■" iiussian Government a Coiiveution, for terminating
I'l'lirliidjii
ihc I
.■mil siirniii'' with thi
seiussions which have arisen out of the pronuilgation of the Iiussian Ukase
[128] ' 3 Y
fi30
of 1821, nnd for soUling tlie res)H-ciive territorial claims of Groat Britain and Russia
on the north-west coast of America, I have received His Majesty's cotnniaiids to direct
yon to repair to St. I'ctcrshiirgli for that jiuqjose, and to furnish you with the necessary
instructions for lorininatinii the long-protractod negotiation.
'J1ie correspondence wliich lias already passed upon tliis subject has been sub-
mitted to your perusal. And I inclose you a copy —
1. Of the " I'rojet " which Sir Cliarles llaijot was authorized to conclude and si!jn
some tiiontlis nRo, and whidi we had every reason to expect would liavc been cutircly
satisfactory to tiie Russian Government.
2. Of a " Contre-I'rojet " drawn up by the Russian Plenipotentiaries, and presented
to Sir Cliarles Ragot at tiieir last meclinj,' before Sir Charles llaj^ot's departure fruin
St. IV'tersburprh.
3. Of a despatch from Count Nessclrode, accompanying the transmission of the
" Contre-rrojct " to Count Lieven.
In that (lespatcli, and in eert;iin marginal annotations upon the copy of the " I'rojct,"
arc nssigiuiil th<' reasons of the alterations proposed l)y tiie Russian IMeiiipotenliariijs.
In considering tlie ex])edieney of admitting or i-ejecting the (iroposed alterations,
it will be convenient to follow tlie Articles of ihc Treaty in the order in which tLcy
stand in tlie Kiiglish " Trojet."
You will oliserve in tiie first place that it is proposed by the Russinn Ploni-
notcntiaries entirely to ehaiige that order, and to tl•an^fer to tiie latter j)art of the
instrument t'lc Articli' which has liitlierto stood first in tlie "Projet."
To that liaiisposition we cannot agree, I'or tlie very reason wliieli Conn* Xessclrnile
alleges in favour of it, viz., that tlie " JMioiioiiiie," or arrangement of the Trca y, ouiflit
1o have relVrenee to the history of the negotiation.
'file whole negotiation grows out of the Ukase of 1S21.
So entirely and absolutely (rue is this proposition, that the settlement of the
limits ol the res])cctive possessions of (Jreat Jirituin and lUissia on tlie north-west
coast of America was jiroposed by us only as a mode of facilitating the aljiistinent of
the dilfereiiee arising from the Ukase, by enaliliiiij the Court of Russia, undercover
of the more eompreliensive arrangement, to withdraw, Mith less appearance of eon-
cession, the oU'ensive ])reteiisions of that Kdiet.
It is e(>iM]iaratively iiidilferent to us whether we hasten or postfione all questions
respecting the limits of territorial po'^session on the Continent of America ; hut the
pretensions ol' the Russian Ukase ot ]8"21 to exelusive dominion over the I'acitie eoiild
not continue longer unrejiealed without coinpelling us to take some measure of public
and elTeetiial remonstrance against it.
You will tliei-el'oie take care, in the first instance, to repress any attempt to give
this elian^i' to the ehaiaeler of tin; negotiation ; and will declare without reserve that
the point to wliieli alone the solicitude of the Hritish Coverninent and the jealimsy of
the Rrilisli ii;ition attach any great importance is the doing away (in a manner as
little rlisMuiceaiile to I'ussia as ])ossible) of the eifect of the Uk;ise of 1821.
'I'liat lliis Ukase is n.)l acted upon, and that instruetions have been long ago sent
by the liiissiau Uovernnient to their ciui/,( rs in the Paeilie to suspend the execution
of its piovisions, is true; but a private disavowal of a jniblished claim is no security
against the revival of that (daiiu : the sus|)eiision of the exeention of a principle 'iiiiy
be perfectly eoiiipatilde with the continued maintenance of the ])rineiple itself, and
Avlien we have seen in the eoursi" of this negotiation that the Russian claim to the
j){j>session of IIk- coast of America down to latitule .")',) rests, in fact, on no otiier
ground than the jiresmned ae(|iiic-cene(' of tlii> nations of l^irope in tlie provisions of
an Ukase jiulilisbed liy the J'hnperor I'aiil in the year ISOO, against which it is alliriiicd
that no public renionst ranee was made, it becomes us to hi; exceedingly earerul that
W(! do not, by a similar neglect on tin; incsent occasion, allow a similar presumption to
be raised as to an ae(|niescenee in (he Uknse of 1821.
'I'lic right of tlie siibjeii'.s of His Majesty to navigate freely in the Paeilie cninot
be held as matter of indulgence from any Power. Having once been publicly (jues-
tioiKvl, it must be publicly iieknowledged.
AVe do not desire that any distinct referenc(> should be made to the iJkasc ot
1821 ; but, wc do feel it necessary that the statement of our right slimild lie cle.u' atiil
jiositive, and that it should slaiul lorili in tli(> Omvention in the place which projirrly
belongs ( I it.tis a jilaiii .aiid sulislaiilive stipulation, and not lie brought in as an
iueidenlal eonsejuenec of other ariangeinents to which wc attach comparatively little
imiioil-inee.
TJiis stijmlation stands in the front of the Conveutii^u concluded beiween llussia
881
and the United States of America ; and wo sco no reason why, upon similar claims,
ve should no obtain fxactly tho like sa'Ksfacf.ion.
For ronaons of the same nature wo canno*, consent that the liljcrty of navigation
tbrouRh IJehring 8 Straits should bo stated in the Treaty as a boon from I?ussia.
The tondency of su:;h a statement would bo to give countenance to those claims
of cxtlusivc jurisdiction against which we, on our o\ni behalf, and on that of the
whole civilized world, protest.
No specification of this sort is found in the Convention wi'h the United States of
America ; and yet it cannot bo doubted that the Americans consider themselves as
Bcuured in the right of navigating lii-bring's Straits and the sea beyond them.
It cannot be oxpcct<;d that England should receive as a boon that which the
fiuited States hold as a ri'^ht so un<|i'cstionable as not to be woitb recording.
rerliaps the simplest course, alter all, will bo to substitute, for all that part of the
" Projet " and " Contre-l'rojet " which relates to maritime rights, and to navigation,
the lirst two Articles of the Convention already concluded by the Court of St. I'eters*
huri;li ^^ith the United States of America, in the order in which they stand in that
Convention.
Russia cannot moan to give to the TTniteJ States of America what she withholds
from us, nor to ^Mthhold irom us anything that she has consented to give to the
Uuitod States.
The uniformity of stipulations in pari malerid gives clearness and force to both
arrniiL'enients, ami will establish that footing of equality between the several
Contnieting Parties which it is most desirable should exist between three Powers
whose interests come so nearly in contact with each other in a nart of the globe in
which no oi her Power is cona-rned.
Tills, therefore, is what I am to instruct you to ])roposc at once to the Russian
Jlinistor as cutting .short an otherwise inconvenient discussion.
This expedient will dispose of Article I of the " Projet," and of Articles V and
\T of the " Contrc. Projet."
The next Articles relate to the territorial demarcation.
• ••««•
With regard to the port of Sitka or New Archangel, the offer came originally
from llussia, but we arc not disposed to object to the restriction which she now applies
to it.
Wo are content that the port shall be open to us for ten years, provided only that
if any other nation obtains a more extended term, the like term shall be extended to
us also.
"Wo are content also to assign the period of ten years for the reciprocal liberty of
access :;n(l commerce with each other's territories, which stipulation may be best
Btated ]ireeiscly in the terras of Article IV of the American Convention.
'l'lies(>, 1 think, are the only points in which alterations are required by llussia,
and we have no other to propose.
A " Projet," such as it will stand according to the observations of t^is despatch, is
inchised, wliich you will understand as furnislied to you as a guide for the drawing
up c)[ the Convention; but not as pro.scril)ing the jirecisc form of words, nor fettering
your discretion as to any alterations, not varying from the substance of these
iuitiiictions.
It will, of course, strike the Russian Plonipotcntiaries that by the adoption of the
American Article respecting navigation, &c., the provision for an exclusive fishery of
(//•o leagui's from the coasts of our respective possessions falls to the ground.
l!ut the omission is, iu truth, immaterial. The law of nations assigns the exclusive
sovereignly of one league to each Power off its own coasts, without any specific
stipulation, and though Sir Charles Bagot was authorized to sign the Convention with
the sp(-('ilic stipulation of two leagues, in ignorance of what had been decided in the
American Convention at the time, vet, after that Convention has been some months
before tlie worhl, and after the o])portunity of reconsideration has been forced upon us
by the act of Uussia herself, we cannot now consent, in negotiating de novo, to a
stipulation which, while it is absolutely uniin])orfaiit to any jiractical good, would
aii[iear to establish a contract between tlie United States and ns to our disadvantage.
Count Nesselrode himself has frankly admitted that it was natural that we should
expcel, and reasonable that we should receive, at the hands of Russia, einial nicasui'e
iu all respects, with the Unitcul States of America.
it remains only, in reaipitulation, to remind you of the origin and principles of
this whole negotiation.
r>S2
It is not, oil our pari, i*scnUally m iici,'otiali<>ii ahoiil limitH. 1 1. is a di^uiaiiil of
the rupoal ol'aii oflViisivc and inijiistiliahh! arnif^atioii of cxidiisivo jiirisdiotiou ovcrnii
ocean ol' lunnaiHiircd extent; l)ut a di-niand, (|iialilied and inititjated in its inaiuuM', iu
order that its justice may he aeknowledi;i'd and satisfied witlicmt soreness op Innuiliation
on tiie part of Ilussia.
AVc nei^'otiatu ahonl lon'itorj' toei>ver the remonstrance upon princi))io.
But any attempt In take undue advanlai^e of tliis voluntary facility we must
o2)pose.
Tf tlie pv(!sent " I'rojet '' is aureealdc to I'ussia, we are ready loconchideandsi','ii tlic
Treaty. Jf the territorial arianii;einenls are not salislhctmy, we are n.-ady to pD'.ipiiiii'
them, and to conclude and siiiii Hie essential i)art — thai wliich relate)^ to naviijatiou
alone, addiny; an Article slipulatiui; to negotiate alioul territorial litnils hei'eaflei'.
lint wo are not prepared to defer any lon^'er the settleniosit of that essential pait,
o£ the ((uestifin; and if I'ussia will neither si^jn tlio whole Convention nor that e^s(■ntjal
part of it, slie must not take it amiss that we resort to some mode of reeordin!>, ia tliu
tace of the world, our protest against tlu; pretensions of the L'kase of IH'Jl, and of
effectually securiuu; our own interests against the ])ossihility of its future opcrati'.ns.
Inclosure 1(3 in !No. 382.
, Mr. S. Ctinninij to Mr. G. Canniny.
Sir, St. Petersbunjh, Febnianj 17 {March 1), 1825.
I?Y the messenger Latdiford T have tlie honour to seiul you the accom]iaiiyin!;
Convention hctweeu His ilajcsty and the Em|)eror of Ilussia lespectinir tin; r.uillc
Ocean and north-west coast of Anu'rica, whieii, aeeordiuLc to your instructions, 1
concluded and siijned last niijht with the itussian l'leni])otentiaries.
The alterations wliich, at their instance, I have admitted into the "I'lnjct," sueli
as T jiresented it to them at lirst, will he- found, I conceive, to be in strict eonforniily
witli the spirit and substance of His .Majesty's commands. The order of the two iiuiiii
subjects of our negotiation, as stated in the preamble of the Convention, is i)rcs"rv('(l
in the Articles of that instrument. The lino of demarcation aloni;: tiie strij) of land on
the north-wi'st coast of America, assigned to Ilussia, is jaiil down in the Convention
agreeably to yonr directions, notwithstanding some dilliculties raised on this iiniiit,
as well as on ihat which rerjards the order of the Articles, by the Itussian I'lenijio-
tentiaries.
The iiistanci' in wliich you will perceive that f have most availed myself of thr
latitude aiiordeii by your instruction-, to bring the negotiation to a satisfactory ami
prompt conclusion is tlie di\ision of tin- lllrd Article ot the new "I'rojet," as it stood
when 1 nave it in, into tlie ITIrd, I \ tli, .and Vth Articles of the Convention signed by
tlie I'lenipotentiarics.
I'his ciiange wa;; su'^'gested by the Eusslan I'lenifiotentiaries, and ;it lirst it w.ns
.sugitested in a shape which appeared to nie object iouabh; ; but the Articles, as tliey
are now drawn nji, I liumbly conceive to be sneli as will not meet \\itli your
(lisa;i|i!'obation. The second }nrai;rapli of the IN'tli Article had already appeared
pavenlbetieaily in the IlFrd Article' of the " Trojet," and the whole of the IVth Article
is limited in ils si'jnitication and connected with the Article immeiliately pnceiliie^ it
by the lirst ])ara|4raiih.
With respect to lieliring's Straits, I am liayipy to have it in my power to .i-iui'c
you, on the joint authority of tin; Rnssii.n Pleni|)otentiaiies, that tiin llmperor of
Russia has no intention wliatever of maintaining any exclusive claim to the navigation
of those straits, or of the seas to the north of them.
Tf cannot bo necessary, under tjiese circumstances, to trouble you with a more
particular account id' the several conferences which 1 have Indd witli the lliissiiui
I'lenipotentiaiies, and it is but justice to state that I have found them (lispos(Ml.
tlirongbou! this latter stage of the neii;otiation, to treat the matters under distussioo
with fairness and liberality.
As two oiiginals of tlio Convention prepared for llis .Majesty's (Jovermneiit arc
signed by the rienipotentiarics, I propose to leave one of tiiem with Air. Ward lor
the archives of tlic limbassy.
I have, &c.
(.Signed) STRATFOIID CANNING.
UNITED STATES. No. 1 (1801).
FURTHER CORRESPONDENCE
BEHEING SEA SEAL FISHERIES.
Presented to both Howen of Parliament bxi Command of Her Mnje<ity.
March 1891.
LONDON:
PRINTKI) I'OIl HKK MAJKSTY'S STATIONI-.llY OKTICK
BY IIARIHSON AND SONS, ST. MARTIN'S I.ANK,
PRINTRHS IN ORDINARY TO HRR MAJR»TT.
And to be fiurchnsfil, eitlur (iirectiy or throunh any RooksoUt^r. from
K.YRK ANU SPOTTISWOOUE, East Hariuso Strbkt, Fi.kkt Stfirit, K.C. ;
JOHN MKNZIKS Sc Co., 12, IIanovkii .STRFr.T. Koinboroii, akp
21, OrURV StRKRT, (il,AS4,nW ; OH
HODGES, FIGGIS, ft Co., 104, GR*rroN Strut. Doriik.
[C.-n2.'3.] Price l.v. 2(1.
TABLE 01' CON 'V E \ T S .
No.
10
Date
SlIll.lKCT.
Page
12
13
14
15
10
17
18
i9
30
21
22
23
24
25
26
Sir .1. Pauncefote . .
Admiralty
... July 4, 1890
28.
.. Aug. 14,
28,
Sir J. Pauncefote . , . . July
Sir C. Lampson and Co. .. i Sept.
To Sir C. Lampson and Co... |
Admiralty .. ..i
Mr. Winton
To Mr. Winton
1 1 ' Sir J, Pauncefote . .
ft p
Admiralty
To Sir J. Pauncefote
21,
fi.
•J,
IG,
19,
Oct. 4,
14,
22.
Sir J. Pauncefote .. . .' Nov.
(Telegraphic)
t» )»
Dec.
Sir C. I^mpson and Co.
To Sir J. Pauncefote
Colonial Oflice ..
To Sir C. I.anipfion .and Co.
Culoiiial Office .,
Sir J. Paunccfuto
12,
7,
Hi,
19.
30,
30.
31,
Jan.
I89I
2,
[95]
Proposed temporary exclusion of liritisli sealers fniiii
Ilehring'a Sea. Mr. lllaine's reply to note of
27tli June (see " United States No, 2, 1890,"
P .^lO)
NeRotialions of 1888. Correspondence with Mr.
lilaine (see "United States No. 2, 1890,"
pp. 491 .ind 493) ..
Note to Mr. Ulaine commiinicatinp deapatcli of
2nd Anirnst on general (juestion (see " United
."^latf 8 No. 2, 1890," p. 312)
.Movements of sealers in IW'lirin^'s Sea. Ix'tter from
romm,iiicler-in-cliicf on Pacific Station from
Esqiiimalt ..
Geiural observations on course of negotiations .nnd
present state of question ,, .,
Uecie.iae of fur-seals. Close lime necessary to
prevent extinctinu , . .. .,
,\eivu<twied}jes receipt of above. .
.^Iovemcnt« of seaierp in llehrin(,''s Sea. Telegram
(roni Commai ler-in-chief on Pacific Station at
Victoria
Comparison between the ]3ehring's Sea and North
Atlantic seal fishe.-ies .. ..
AcknowU'dfjes receiut of above . .. .,
Sends Bill to aiiiiMid tlie Act providing a Civil Go
vernnient tor Al.uika. with proposal to confer
jurisdiction on Supremo Court
Notes on Mr. lUaine's interpretation of Mr. J.
Quincy Adams* despntche» on Uussian Ukase
of 1821 ..
Movements of sealers. Letter from Commander-
in-chief on Pacific Station reportinpf their return
from Ilehring's St^a. Two-thirds of the catch
said to be female seals ,,
Ueturn of sealers. Telegram from Commander-in-
chief on Pacific Station
Answer to No. 2. Negotiations of 1888. States
n collection of what passed. (Question cousidereil
unimportant .. .. .. ..
Mr. Itlaine reminded of proposal for arbitration.
He is writing a reply to despatch of 2ih1 August
American sealii/g schooner " Sylvia Handy." Sends
transcript of rt-f'ord in appeal case
Hefers to No. 15. Negotiations of 1888. Des-
patch of 2'-'ii(l October communicated to .Mr.
Ulaine. owing to appearance of article in "New
Yor! 'JVil)nne " referring to subject
Mr. lilaine's iu)te dated 17tli December on general
question, in repiv to despatch of 2ud August
(see " United Sti.tes No. 2, 1890," p. 51'J). Terms
on which United Slates will accept arbitration . .
Ilefers to No. tl. Increase in seal catch. i'"ear ot
extinction. Ileported intention of United State'
Government to raise duly on lirilish nianu-
facturcil skins. I'rges speedy settlement of dis.
pute . . . . . . . •
Answers No. 18. Negotiation j of 1888. Approves
language to Mr. Blaiiu'
Uelers to No. (1. Apprehended extinction of seals.
Minute of ('anidian (iovernraent on Messrs.
l.ainpsons* statements •. •• *.
Acknowledges receipt of No. 20
Progri'ss of negotijition'^. Despatch from Canada
with comnieuts of (.'anadiau (iovernincnt
Catch ot seals in season of 1H90. Minute of
Canailian Privy Council, witli letter from Col-
lector of Customs in llritish Colinnbia . ..
Presiileiv's Messng*^ to House of lleiiresentatives,
will c.,.res])ond(ncc since 23rd July, 1890, on
^1' t .1! rjuustion .. .. ,. •'
TABIiB OV CONTENTS.
No.
Namr.
'21 I Sir J. Pauiicefote
(Telegraphic)
28 1 Colonial Olficc
29 Sir J. Pauncefotc
30 1 To Sir J.
I)«tv
SuiUtCT.
(Telegraphic)
Pauncefotc
(Telegraphic)
Jan. liO, 1891 I Statement in " Timi-s " of illi January, respecting
I naval preparations of United States in Pacific,
denied by Mr. lilaine
2y, i Despatch irom Canada, with Ueport by Minister of
Marine on Admiralty Ueport respecting seal-
fishing (see No. 13)
I"eh. 'J, " W. P. Saywaril." Proceedings before Supreme
Court, inquiry by Mr. Blaine whether diplo-
miilie correspondence is to be closed or suspended
1 onsequence . .. ,.
10, .A . iwers above. No connection between diplomatic
correspondence and *'\V. P.Savward" proceedings.
I ' Iteply to Air. Blaine's note of 17th December
[ . wi'l be sent shortly .
' 21, Keply on general question to Mr. Blaine's note of
17th December, ending with terms on which Her
i Majesty's (iovernmeut will accept arbitration
Page
I
i
i 84
85
6S
86
87
Iiirllier t'orrespoiidoiice respecting llio Behring Sea Seal
!' isheries.
No. ] .
Sir J. Paunrrtolc lo the Marouin of t<(ilishurt/. — (Recdvfil Juhj 17.)
My l,oril, U'ds/iiiKjtoii, Juli/ 1, 18f)0.
I IIAVK the liotioiir to tnmsinit a copy of tlic reply uliicli J Imvc n'ccivcd from
tlio Secretary of State to my note of the 27th uUiiiio, of uliicli a copy was inclosed in
my ihsspatch of the •i7th ultimo.*
T1 a[)|)er.r,s to me that .Mr. Blaine attaches an iiiulue si^uilicanee to the word
'•ft.rtliwifh " ill iny above-mentioned note.
II is obvious that, if British sealers :uv to l)e i'e(|iu-sted not to enter J5(dirini;'s Sea
this season, on the i^round of tlie projiosod arbitration, there niu.st be no dcday in
[)rocci'(lin>; to that mode of adjustment, and it was, therefore, naturally made a
conilition not " that the l*i'esidi>'it should forlhwirh accept a formal arijitration which
\(iw Lordship jirescriljes," but "that the two tiovernmeuts should a'^ree I'orthwilh to
rcfiT to arbitration" the (piestion of the lei,';ility of the seizures of Britisli seidini,'-
Vl'SSI'l^..
T!ial is the ipiestion of law iti dilVi'renee between th<' two ( ioverninetits, and I am
lit a lo>-s to understand why Mr. Ulaine sboulil complain of its beiui; so stated.
i shall have the honour of addressinu: your T,ordsbip in a se[)arate despat(di on the
liriMiit situation of tlii! ([uostion, which has been broui;ht back at,'ain by the 1 nited
Staler' (Jiiv rnnieni to a ([uestion of le;,Ml riuht.
1 hav(<, &c.
(H\'^iwd) JULIAN r.VUNCEFO'l K
I nclosnre in No. 1 .
Mr. lUiiiiic to Sir ./. Pniiiirrfdle.
^ii', DcjMirtmcnl i>f Slalr, Wdsliiiuilon, July '1, IsilO.
V()l'){ note of the 27th ultimo, covcrini; Lord S.ilisbury's reply to flic fi'icndly
Mr.",'i'>tion of the {'resident, was duly received. It was the desi^-n (>f the President, if
liii'il Silisbuvy had been fa\()ui'ably inclined to his ]H'o]iosition, to submit a form of
M'tili';ui'nt for the ciinsideratimi of Her .Majesty's ( io\('rnniciil whi(di the I're-iident
lii'lievnl would eiul all dispute louidiiiii,' privilen'cs in Hehrinij's Sea. lint Lord Salisbury
. t'lN'il t'.aci'epl the [.roposal unless the {'resident shoidd '•forthwith "accept a t'orm.al
arliitialion which his Lor<lsliip pri-serihcs. 'I'he {'resi({eiit's reiinest was mad(! in the
Ih'I"' that it nnufht lead (o ;i friendly basis of ;>.-rcement, and he cannot think lliat l,(H'd
^ilisliiM'v's proposition is responsive to his su'.;i,'estion. He>ides, the answer comes so
l:ito tint it would be impossible now to proceed this sea>-on with the lu'gotiatie.n tiie
I'lvsiili'nt lia({ desired.
An ai,'rei'ment t<i arbitrate requires careful cousidcral ion. The I'liitetl Slates is
I'i'rinps more fidly eonimitted to that form of international adjustment than any cither
l'"Wir, hilt it cannot consi'nl that the form in whi(di arbitration shall lie uudertaki-n
"li:ill lie decided wit bout full consultatieii and eonl'iTcnec betwi;en the t\M) (.io\ern-
iiii'nts.
I hei; further to .say that you must have misiipprolictuled wlial { .said tonchini;
I'litivli claims for injuries and lo>ises allcLfiMl to have (jceii inflicted upon I?ritis{i vessels
'\v I5ehrin^•'s Se.i liy af,'ents of the United States. My declaration was that arbitr.a-
L95J
• See " Lulled Statfs No. 2 (1850)," |i. 310.
B
tion would lnij:ic;illy ;iik1 iii'CL'ssiu'ily includi^ lliat jioiul. It is not to he coiiccidcd, Imt
decided witli otlicr i>,siii'.s (d' far grcatci' wciirlil.
I liavc, &<'.
(Si-iicd) ,1AM lis C. l!i,AlNi;.
Jfv Lf)i'd,
No. L'.
Sir J. I'aunccfi)lc to the Marijids rif Sdlisliuri/, — (Ufnircd Aiiijuil 7.)
Miii/iKiliii, Mii,sx(tcliHK('l/s, Jiihi 2^, ly.lO,
addi'cssi'd to llu
1 JIAVI'y llic liouoili' to inclose cnjiics of two note?, wllic
Sccrctai'v of State on receipt ol' voiir liordsliiii's despatches of the 2(Mh .lime* a
the :::lsl
Th.
last,
the reply tl
hicli I have received rroiii Mi'. Illiiinc.
lieliriii"
le reply ajipe.ai's as the last paper in the eorvespondence relatinjj 1(
'pres('iitati\('s.
■<ea lisheries wIikmi has list iieeii sei
i to the |i(
-Mr. Hlaiiie contends thai ;i Convention was acliiallv
atrreed on
Let
Lords
ween vour
iP
d Ml
lelps (jn the I'.'itli lY'hniary, l^SS, except as to details, audi
ask.s fireal, IJritaiu to adhere to that .\u;reeiiieiit. Jle states that the iiiterpositiim nf
Canada, to \vhi(di lie attribute's its aliaiidoiiiiiciit by Her Majesty's (ioveriuneiit, was.
ill the President's belicl', '• a i^rave injustice to the (Joverniuent oi' the Un;t<'d Slati's.''
It
lid
seem, ho\v(
'ver, that Mr. I'helps did not consider that any .\t;i'ci
had resulted from the coiiiniunications which passed hetweeii him and your l.ordsli
on the 2.")lli Fehruarv, for on the ^^^lli .Inly, accordiii",' to .Mr. J^laine, he tele;;r!ipli
to his (iovernment exiiressiiii^ the " fear that owiii'^ to (,'an;idian oppusition we sli;
''et no Convent iiiii.''
'1'
It
was
iievei' si|irt;ested at that pi'iiod. or at any period liet\M'en thee!
or 111.'
London neirotiations of ]t-ss and the renewal of the negotiations in \V;isl:ini;ton, tliii
any AL^reemeiit existed lietweeii the two <io\('rnincnts in relation to tlii' fiir-scil
lislieries heyond a eoiiinion desire to adopt all measiu'es shown to be neees.sary for tin'
preservation oi'tlie fur-seal spe<'ies, \\liicli was said to be in dani^er of extinction.
If
lllV SU(
b Au
I'ement as is ap]
iiiealed to b\ ^^r. I'.laine did exist it is d
ilhciill t.<
undei'staiid why the ncLcotiation was rinewed in W'ashinijton with the object nf
iiKpiirini,' into the e\idence and of endeMVoiiriiiL; to arrive at a eonelusimi as to tlu'
ext<'nt of the alle^'cd evils of pela'i'ic sealinu' and tbi' measures to be .-idoptcd liir tin'
preservation ol the liii'-.-eal spi
< )n this pni
It I
lid refer to ,Mr. lilii
null'
to me of the 1st March. 1^1)0, traiismittiiiLr the ex idenee relied on by bis (Joveniiiiciil
in siipi)orl of their eoiitention, and of wbieb a printed ci py was iiieloseiLui my dcspatt'li
t'> vour Lordship of the l.'tli April last.
1 b
(Siirned)
Jv:e.
.llMyl.V.N l-AINCi-ltflK
I nelosiire 1 in .No. :'.
Sir ,/. Piiiiiiri'fdtf Id Mr. liliiiiir
!Sir, W'lisliiiiijlcii. .hiiir 'M), IMKi.
IX your note of the 21)lli .M.'iy last,^; ubieh I duly transinittid to tlu .Maninis nl
Salisbury, there arc several references u< coinniimicatioiis wiiicli passi'd bilweeii itic
two (iovernments in the time ol miui' p.cdeeesNdi'.
1 liave now received a despatch from Lord Salisbury, § eojiy of which I have tli '
bonour to inclose, pointiiu,' out that tlii'ie is some error in the impressions wliicli yon
liave ii;alhered from the records in the Slate l)ej»arlnieiit with respect to tliosr
commuuieatious.
I have, &e.
;Si;,'ned) .ILLLVN PAlNCKKoTi:.
• .See ' Unilcd Stato> .\o. 2 (1890)," n 491.
: Ibitl.. p. 'Ii3.
I IIikI., |>. 49;I.
§ Ibid , p. 475.
3
Inclosnrc 2 in No. 2.
Sir J. Pduiiciifoti' to Mr, liliiini:,
Sir, Washiitijlon, Jiiiii' !!(), IMH).
I ]f.\VE r('(!(!ivo(l a (Icsjiritcli from tlie >rar([iiisof Salislxtrv, with I'deroiicc U> tlif
nass.'iiri' i" your iidIc (o mo of tin' Ith instnut, in wliicli you rcnuirk that in iSriS his
Lm'iKliiii ahrii))tly closed fhi' iH'U'otiatioiis hccaiisc "the (Canadian (iovcriiineat
objoi'tcd," ami tiiat ho "assin'iicd uo othoi' reason whatever."
In view ol' tlio ohser\ations contained in Lord Saiishury's (hjspatch of the
2()fii .Inne, of whieli a copy is ineh)se(l in my last ]n'eci>dinif note of tiiis dale, his
LonUliili de(>nis it unnecessary to discuss at any n'reater h'nuth the cirruinslaiices wliieli
li>il loan interruption of tlie nci,'oliatioiis of isss.
With rei;ai'd, howevcn', ti> the, ])assaLi;e i)f your not,' of the 1th instant above
referred to, liis liordship wishes me to call your attention to tin; followin;^ statement
made to him hy .Mr. I'holps, the United States' .Minister in London, on the .'ird April,
IssK. mihI whi(di was recorded in a desjiati-h of the same da'e to Her Majesty's
.Minister at Washington : —
"Under the ))i'euliar ])f)]itieal circumstances of .\mei'iea at this moment." said
Mr. I'lielps, "with a u'cneral election impeiidim,', it would he of little use, and. indeed,
linnlly practicable, locf/nduct aiiy ne^'(jtia)ion to its issue before the (dection had tak(Mi
lil.MI'C."
1 h.ive, A'c.
iSigmHl) .ULIAN l'.\ INCEFOTR.
Inelosure .'5 in .No. 2.
Mr. lihiine (o Sir J. Pdiinrcfulp.
Sir, /J«r H«r/)o//', .V'(/'/if. ./»/// ID. 1 SIM).
1 1! IK! 1! l-yr that eiicnmstances beyond my contnd havi; postponed my reply
tiiyoni' Ixwi noti's of the .'idth .lune, whi(di were received .in the 1st ins'init, on the eve
i)f my leavinir Washinirton for this i)lace. Th' note which c.im(> lo hand on the fore-
UDnu of that day inclosed a despatch from hovd Salisbury, in which his Lirdship,
I'oferi'inrf to my note r»f the 20th May. ex[)rt^sses '• a wish to point out some errors"'
«hii'li he thinks I " had gathered from the rtn-ords in my Dlliee."
The |inrposo of Lord Salishnry is to show I li.it 1 misii|)preheuded the facts of iho
I'.ise when 1 represented him, in my note id' tin- 2".)tli .May, as haviii'.; iriven siudi
'■ verbal assurances" to .Mr. I'hejjis .as warranted the Latter in evpectiui;' a Convention
to lie ('(nududed br'tweeti the l\vo ( iovcrninents for the ])roiection of the seal lisheries
ill Heliriiiu-'s Se;i.
Speiikiiiif directly to this point, bis Lordship says: " ^fr. Ml.aine is under a mis-
cimeeptioii in imattiniii!; that I ever irave any verbal assurance or any promise of any
kind with respec ( to the terms of the |>roposed Convention."
In answci' to this sfatement, I bcij you will say to Lonl Salisbury that 1 simply quoted
in my note of the li'.lth .May the tacts eommiinic.ated by our .Minister, .Mr. I'lndps, and
iiiirt'liiiru'iMrAtraires, Mr. \\'liite. who .are responsible for f he olllcial stateiiKvts ni:,de to
this (ii)\('riimi'iit at dilVerent staires id' the seal lisheries ne'j;otiation.
'»n the "jr)tli I'Vbruary. I>>^H, as already stated in my note of the :iittli .\Liv,
Mr. I'lielps sent the I'ollowinir int(dliii:ciiei' to Secretary l?ayard, viz.: " Lord Salislnu-y
usscnts to your proposition to establish, by inutiia! .arvanicemeet ludueen the (io\en»-
imiits interested, a (dose lime tor fur-seals, between tlu! l-'itli .Vpril and Iholst Ntneinber
ii! I'lich year, and between HiO of west lonsjitiide. and IT*^"" of e;ist longitude in tho
Ifehrini.'-'s S(>a. .Vnd he will cause an Act to be introduceil in Parliament to irivc ellVct
h this arraiiifcinent so soon as it can be prepared. In Iiis opinion there is no doubt
ttiat the .\(d will be passed, lie will .also join the i'nitcil Static' ( )o\i'riimeiit in ;\\\y
previ'iitive nieasiirr«< it may he tb(niu:lit best to adopt by onlers issue' to tlu' nival
vpssols of the ri'spe<-live (jiovernnients in that re;; ion. '
^r l'liel[)s has lonu' been known in this I'ountry as an able lawyer, .accurate in tlu^
UK of ivords, and disiaiminatiiej; in the stalcniinl of I'.aets. rin- iioverninent t'\ Iho
Pnited Stales necessarily reposes implicit eoiilidenee in the literal correctness of the
•lespatfh above (juoted.
[no J B -J
Sonic timoal'tor tlio foicifoins; t'onforoiicc liotwooii Lord Siilisl)iii'_v mid Mr. l'liclp<
liad taken ]ihK'f, liis l/u'dsliij) invited tlio liiissiaii Aniliassadnr, M. dc Staal, and tiic
Anici'irau Oiarijc, Mr. A\'Iiitr (Mr. J'licljis liciiii; alisnit iVoni Loudon), to a eonrcri'iu'c
litdd at tlie iMnciu'n Ollicc on flw Kilii Ap/ii, toiicliini;- the Hclirini^'s Sea controvcrsv.
i'd at the rc(|ii(>st oi' tiic litissian Anil)assadoi-. \v|
Tl(
us conrcrcnct' was rca
11\
Id
desired that liussian rii,'lits in the IJelirinu's Sea slieuhl he as I'lillv reeoirnized hv MnLrlaiiil
as American I'iu'hls liad been I'ccon'nized in
bctivccn Ijoi'd Salishnrv and .Mr I'iielps.
rhal AL,'l'eenieiit (d' the L'oth l''ehni;irv
The Kus
.\i
nl)assador rceeiv(Ml from Lord Salishnry the assurance (\;diiid)li'
also to the I'lnted Ntatesi that tlii' [irotectcd area lor seal liresiioidd h'^cxtendcd soutj
ward to Die ITtli dcirrt
A' nortli hititnde
Hid also tlie iiromi
I"
ise that he wonhl 1
iav(> »
draiii^ht [.v/V] Convention jirepared I'oi' submission to tlie I'ussian An liassaihi
American ('iiarL,'('- ''
l^cn'd Salisluiry now cuntends that all the iiroceediML;s at tiie Confcrenci
lit
III'
till'
Kitli A])ril arc to In
reirarded as oi
ily " |)riivisional, in order to liirnish a hasis t'
iiPf;f)tiation, and without didinitlvidy i)ledi.;ini,' our ( lovernment.
\V
standint' nf this (io^ernnlent dill'ers IVom that
itaincd hv Lord Salishuiv, I
(ir
iile till' luiili'r-
I nil
instructed ))V the I'lrsidcnt to sav that the Inited Stall's is willinu: to consider all llic
proceedings of the llith April, ISSS, as cancelled, so far as Ai
nerican I'ii'hls niav 1m
concerned. This (J
uncut will ask (ireat Uiitain *o ad
oiilv to the Ai-'recmciit
made between Lord Salisbury and .Mr. I'lndps on the 2")th l>\d)ruary, ISSS. That was
an A^'recment made directiv between the two (Jovernnients, and did not include tli,
ht>
IJn
A si.
km;;
Lord S;ilishnrv to adhere to the .\s,'reement of
'iofli F(;bruary, we leave the Airreement of the Kill: A])ril to be maintained, if niair.>
so a(lvaiita'.;e it was [larliculai'ly
(I at all, by I'ussi.'i
(Icsii^ncfL
While Lord S.alisbury inaki
he lias not mad
1, lor wliosi,' cause and lor wiiosi
'cncral denial of haviii"- liiven '■ verbal assn
sijccial denial touchiui,' tlu" Ai,'ri'i'iHent I
iclwcen liimsi
If
Mr. Vhclps, wlii(di Jlr. I'helps has reported in special detail, and the eoirectness ni'
wlii<di he has since specially allirmcd on more than one occasion.
In your second note of the liOth .lime, received in the afternoon of the 1st .Inly,
you call my attention (at F^ord Salisbui'y's rc(|uest) to a stntemcnt which I niadr in iiiy
note of the Itli .Innc, to this cll'eet : —
" It is evident, therefore, that in IS^S Lord Salisbury abrn])tly closed tln'
negotiation because, in his own phrase, ' the Canadian < io\ crnnient objectei
To show that the
desiri's tluit attention
re were oilier I'aiises
for el
osiii" the nc
irotiation. Lord Sulisburv
died
.•5rd A)
iril, 1S8S as follows :
Uinh'r till"
a remark made to bun by Mr. I'lielps
on II
peculiar cu'ciimstanees o
f A
morica a
t thi
moment, with a ifcneral election impendinir, it would be of little; use, and iiidi'L'd
hardly ju'acticabie, to conduct any nei;otiation to Its issue l)eforo the i^eiieral idectioii
has taken ])lace."
I am (pute ready to admit that such a -tnteinent tn.ade by Mr. I'helps niiE;l\t now
ikiiiLC oil the ne'^'otialiou, if, in tact, tlio
)e
ddi
need as one of the reasons lor
b
negotiation had iiceti then broken o
the ne;;otiation. The remark aserihi'd to Mr. I'lud
But Loi'd Salisbury immediately proe'ceded hiIIi
the :ird April, 1>SH. On the .Mb .\p
.Ml
ps was m.'K
!e, as Lord Salisliiii
left ]
jondon on a visit to tin'
United States, On the (1th April Lord Salisbury ,•
Mr. White to meet the Kussian Ambassjulor at the forei
a meetinif for tlu> Kith ,\pi'il to discuss the ipiestions at issi
iddresscd n jirivate note to
Lfii < Xlice, .as be li;id appuiiitcil
le eonceril
erMinir the seal
ilsli
cries in
Jiehrii
Sea.
On the 2.'Jrd April there was some <'orrespondciicT in rci^ard to ;in ( irder in
i^ounci! and an .\et of I'.irliament.
On the liTth April Indei'-Sccretary Harriniit'.u ,,1 the l'oreiu:ii < >nice, in ;iii
to I
irniir in ,in
Act "I
ofllcial note, informed ?\lr. While that "the next -li
Parliament,"
")nthe2Sth April Air. White w;is informed th;it ;iii .Vet of I'arliamenl vMUild he
necessary in addition to the (Jrilcr in Conni'il, but that " neither Act nor Oivler ciiiM
he draiii;htcd [sic] until Canad.a is heard from,"
Mr, I'h'.dps returni'd to London on the '22nd .lune .and immediately tool* up ti'
subji'ct, earnestly pressing l-ord Salisbury to coine to a coiudnsion. On tin- 2^tli .liii;
he telcLrraphcd hi^;(iovernnlellt expressing the ' fear that oaing loCanadi;in op]
we dud! get no Convention,"
On the ritli f'eptcnibcr Afr. IMudps wrot(; to Secnt.'iiy
had slated that " the Canadian Governnient ol;je<'ted t
)ii>iti<'i
Hayard that Lord Salisliui}
) anv studi rcstrictioiis ui>
.'/«»".;-■
thnsf iiskcd for tlio protection of tlio soal fislieri(,'s), nnd tliat until Canada's consent
(niild lie obtained, Ilcr JIajesty's (iovcrnnirMt was not willinLC to enter into the
Ciiiivc'itioii."
1 am jnstilied, IlKn-efore, in assuminic tliat liOrd Salisbury eaniu)t recur to the
iviniu'k (if -Mr. I'helps as oni' of the reasons for lu'eakint;' olf tiie ni'i^otiation. Iieeansc
till' iH'irotiat ion was in actual ]iroi;rcss for nKUi; than I'oiu' nionHis after tlie ivni.-ii-l'; «as
made, and -Mr. I'lielps himself took larirc part in it.
I'liiin this recital of facts, I am unahle to recall or in any way to (|ualify the
statement wiiich I mad(! in my noti- of the Ith Juin; to the eileet that Loid Salisiiury
•al iii|itly chiscd tlni neij;otiafion hecauso the Canadian (Jovcrninent ohjcetcd, and that
lie as>iiined no other reason whatever."
l,(ird Salisiiury e\]iresses the helief that e\eii if ihe virw I have taken of these
ivaiisaetions hi' accurate, they ^vould not hear ont the ari;ument whieii 1 found
upon them. The ancumcnt to which Jyird S'llisiinry refers, is, 1 presume, the
i'i'iiiiiiistr;iiH'e whicli made, hy din'ction of tiic I'resiclent, against thi^ {'han'jie of
iiiilicy hv Her Majesty's Oovernnient « ithout notice and a^'ainsl the wish of the Uniteil
Slates. The intcr[)osition of the wishes of a J5ritish provin(.'e au;aiiist i\w concliisioii of
a ('i)iivention hetween two nations which, accordini; to Mv. I'helps, "had lier'u virtually
airiveil upon except as to ih'tails," was, in the President's helief, a L'lave injustice to
'111' (liivei'iunent of the Uiuteil States.
1 have, &(!.
(Si-nod) .1. (i. IU.ATXK.
No. ,'!.
Sir ./. raiiiirefiili' In the Murquis of !<iilinliiiri/.'—{l{rrrirpd Am/iist 1':").)
My Lord. Mmjnoliti, AtKjust 1 1, ls'.)f>.
I JlAl) (he honour to recoiv(' on the lltli instant yonr Lordship's despatch
■if llie L'nd of this month.* relatin;; to the l?ehrinjj:'s Sea (tDutrovcrsy, and J now het^ to
ini'lcisi' herewith :i copy of the note with wliieh, in accordance with the instructions
fiinlainiil in that despatch. 1 forwarded a copy of the same to the Secretary of State.
I liave, &c.
(Sii^ned) JL'LTAX I'AUNCEFOTE.
Inelosure in No. li.
Sir J. Paunci'folc In Mr. Rlniw.
,, ;in Oriler in
>n\ Mdi/rwliii. AiK/usI 12, isOd.
I Tn.VN'SMITTKl) without del.ay to the Marfpu's of Salisiiury a copy of your
iMite iif the ."iOth .1 nne relatini; to the Hehriii<;'s Sea <'ontroversy, anil in which you
I'lmment upon a despatch from !iis Lordsliip, dated the 22nd .May, of which 1 had the
lumour to leave a copy with yon.
I have mow received a despatch from Lord Salisbury, dated tlu; 2n(l AuljusI, in
'■•liiy to those comments, anil, in accordance with Ids Lnrdshi[)'s instructions, I liave the
iwiKiur to transmit to yon herewith a cfijiy of it and of its inclnsures. You will nhserve
'liiit in the last parau'raph, I am directed to state that Her .Majesty's (iovernment h;ivc
i"' ili'sire whati'ver to refuse to the Lnited Stat( s any jurisilietion in liehr'iii,'"s Sea
"liii'li was conceded hy (ireat Uritaiu to l!nssi,a and which pi'operly aecrni-s to the
jiiv^i'ii; |iiiHsessors of Alaska in virtu'' of Treaties or of the law of nations; and that
1 llii- I nited States' (iovernment, after examination of the evidence and arirnmcnts
idiicli are produc('d in that despatch, still dilfer from them as to the lei,'ality of the
"•'(•('lit captures in that sea, Fler .Majesty's (iovernmen' are ready to aifree that th(\
'|iH'stion, with the issues that depend on it, slioidd he referred to impartial .arbitration.
In that case,! am atithorizcd to cdiisidcr. in coiu-ert with yon, the method of
: I'w'eilurc to be followed.
I have, &c.
(Sij,'ned) .lULIAN PAUNCKRVrH.
» Sit " L'liilc.l Slater No. 2 (1S90)," No. 3S2, p. 512.
6
No. t.
Admiralhj to Foreiyn Office. — {Rrceived August HO.)
Sir, Admiriilly, Aiiijiist 28, 18!)().
r A^I commaiulcd by my fjoi'ds Commissioners of tlic Adniinilty to Ininsiiiil
lioi'i'willi, Tor till' inroi'iiKif ion of tiic Secretary of Slate, copy of a letter I'miu t!ii'
ComniaiHler-iii-ciiier on tlie I'acilic Station, dateil at l-lsiiuimalt, tli(; (itii iii>t;iiit.
tou;e(liei' « itli copies ol' its inclosui'cs, respeetini,' tiie movements oC seal<'rs in lielniii"'s
Sea, S:c.
1 am, &(.•.
(Signed) II. D. VWURY.
[neiosui'e 1 in No. I.
Ri'dr-Adiiiiral IIoIIkiih In Adiiiiriillii.
(l-xtraet.)
Till'] Ai
M
nieneaii aiixiliarv steam-sclioDner
iirs/iitr,
.Mis(
■II K.
mil I, All rj list (!, ^y,<M).
tlie ni'itisii seliuiiiut
Iia\ini; jnsl retnrned I'immi llie scalinLT ileet, T tdoiv tlie opportunily df
information as re''ai'ds tlic stalt; of alVaii's as f;n' as
" Ami
ohlainini; from tliem tlie followi
they knew : —
It is usual for the seal traders to
rter a vessel to take llii! coast caleii of s«
skins from the scalers, and lirinic tliem soiilli lieforu the (Ictrt. enter the J5ehr
This year the seliooiier "' ^fi'-ehief " was chartered liy a Syndicate represent inu' t
wi'iih-
iive Hritisli vessels and four American. Tlie .\mer
lean vessels
an-
il
eiirv Delilll
San
.Ti
Liiv L.
(1 "Allie Ah
:er.'
'I'he ".Mischief" sails under
.\i
and left Victoria on the I flh .Inne. She arrived at Sand I'l
Jttlc
Koniiiski Is]
awaitini' her.
id. SI
iiiinai,'iii I'ron
]), Itli .Inly, -where aliout thirty vesse
(Jn the afternoon of the (ith .Inly nineteen vessels under Ih'itish colours imt to
sea, foUoweil by the " Mischief" to about l."» miles from the land, and lietwiM'ii ti p.m.
of that (lay ami .!• a.m. of the next !(,12'J skins were transferred to the " ^Sliscliief.''
Had weather comiTii,' on. the schooners that had not completed the traiisItT "I'
skins wiMit into North-Mast Harbour (Little Koninski Island), remained there tlic
Till and 8th duly, hut wantiiiL: more shelter went thronirh the 12-fatlioiii eliaiiin'l
hetween Shumaijin and Siniannlf Id Sand Cove, in the north-east of Little Kniiiii-ki
1-^
nil
1. On the 1(1
I Illy Ihi'V a;,^ain weii^lu
d and
it (iiitsiile i") miles from the la
and tvuisferreil the iTinainiler of the skins, ;iiiioiinlini' in all to about l!!,'l()l).
.Mi
lief" (lid not fall in with any of Mie American vessels she uas
S\ ndicali; had eaidi 1o dciinsit
ch.-irtered for, and the y:uarantee of .")() dollars whie
was returned to the owners on her arrival at Victoria.
While takin^'ill the last of the skins the "Mi.schief" si-hted the " I'athliiiiler,'
uliieli schooner reported that she had sii;lited the .\r.iericaii i'(;vcnu(,'-cutter " liiisli"
(Captain Coiilson, with Lieutenant Tntt'e as hoardini,' ofTicer, the same as hist year) on
the '.)tli .liilv, headiii'' for Sand J'oint.
lere heiii'^ still some more .skins to come down, tin; schooner " Aurnr.i
haltered bv Mr. .Miinsic, of Victoria, and Cantain (.'ox, Secretaiv of tl
Mritish
.Sealen
Association, to brini,' them to Victi
The ahiivi'-named irentlemaii irave
follo\\iii;^ information to Captain ilnlton, of Jfer .Majesty's shi[i "' .Vmphion.
The " .Vurora " wis not goini,' to cuter the Hehrinj^'s Sea, as her
nniti'v*
1 he 1 Ill-
refused to do so on aecr nnt of liavim; had no pay for two years. It appears t
custom for the hunt(-rs (Indians) to share accdrdiii'.' to tho catcli, and hist year ami
a year or two b(-fore the catclios had been s(-i/.ed, consi-ipiently the s(-a!-tiiiiiti-is
(Indi.'ins) had lost tlif-ir money. Tlic".Vur(
left
Iwo (lavs
ifter
th
.M
iselllil
id broiii'ht a letf(-r fr >in the Hritisli sc
looni-r
id 1
oint
lor his OM III
bv the T/ientenant of tin
\riel," which tin- (-aptain had left at
Captain Ibickram, id' \ictoria. The letl(-r stales he had Inn
Rush
ind two coiin
lies of till- I'roelaniation o
r till
\niericaii J'resident liaiidi;' him (copy inclosed). When ask(-d by the hoardiiii; (illn''''
if he
was ''oinii
info the i^ohri
Sea, h
r(-i
lii-d
I Lieut(-iiaia 'I'liitl''
rarncd him, saving,', " Tln-n von had b(-tt(-r look out.
A sick man from (lu- .schooner "Triumph" canio down in the " .Vur
nra
reported the " JUish " at Sand Point on the !)th July distrilmtin
pi(^
r; (-opies o
f th-j aliovt'
|'rii(l:iiii!itii)ii. Slic (jiilv rciii.'iiiicd ulioiif, an Iioiiv and woul out for tli(! ni^clit,
]irrMiii!abl\ I'oi' Nortli-llast llarlioiir, liul rcturni'd n(!xt iiioniiiii,', iif)t liavint,' round any
mIuhjiicin l.licre. TIk; " Aiinira " arrivini,' at Sand I'oint on tlic 1 2tli .Inly found tlu^
wlinlc of I lie scalers and the ci'uizfi' had i,'oiu' into fli(,' 15('liriiii;'s !Sca.
I'loni what I can a'athcr here the iirineipal nuni'ier of sealinif-vessels arc
iiwiii'd hy Aniei'ican suhjcefs, thoun'h not ic^'isiei'id in their nauies, notably one
•.I'JKir'iiei', the " Mai'y i'lllen ;" also the schooners would prohahly enter and return from
(hi' liehrini,''s Sea hy the l72Md I'ass so as to avoid Oiinulaska. The Mritisli vessels
uiir all warned hy theii- owners not lo y-o within lo miles of the land whilst in the
l!,'lii'iii^'*s Sea.
I also wish to point out that there will prohahly he no move news frou". the
-iiiliMs initil their return, ahoiit the end of Seplemher, and tliey are so scatlenMl while
Miiliiii? that it it unlikely, if any seizures do take place, that I should hear ol them
until sonu! litiK- after.
I reporl(Ml l)y (elci^rani (of the 4th instant) tli(> (jidy seizure that has taken
|il;ice is that of an American schooner, the ''(J. Jl. White," for conlraventlon of the
"Siiiiit and Arms A(!t of Alaska."
Inelosure '1 in No. !.
Ih llie I'l-esident ol' the I'nited States of America :
A ProrUiiiKilioii.
TlIM lollo'Ainn' ])rnvi.-ions of the Laws of (he I'nited States are lierehy ])uhlished
for the inrorination of all eimcerned.
Section 1!).")C., Keviscd Statutes, Chapter III, Title 2:5, enacts that: —
"No ])erson shall kill any otter, mink, marten, sahle, or fur-seal, or other fur-
iiciiiiii',' animal within the limits of .Vlaska Territory, or in the waters thercol'; and
ivciy |ieison t;iiilty thereof shall, for ea(di oll'ence, he lined not less than "200 dollars or
iiiiiie tliiui 1,01)11 dollars, or imprisoned not more than six months, or both, and all
vcssi'N, their tackle, apparel, lurnituri', and cari;o, found ennaiied in violation of this
MH'tiiin shall he forfeited; hut the Secretary of t'lc 'frcasiu'y sliall have ])owcr to
aiitlicirize the killini^ of any such mink, marten, sahle, or other I'lir-heariiii;' animiil,
i'\i'e|it rur-seals, under siudi l!ei;ulati(nis as he may prescrilie; and it shall he the duty
III' the Secretary to ])revent the killiiu; of any fur-seal, ;uul to jirovide i'or the execution
111 the provisions of this section until it is otheruise [irovided hy law, nor sliall
111' uraiit any s])ecial privilci^es uiulcr this section."
•' • ' « » i «
Section ;J of the .Vet entitled, "An Act lo jirovide for the Protection of tin;
Siiliii.iii fisheries of Alaska," a]iproved the 2nd .March. ISSI), provides that : —
•Section ;3. That Seeticnl !).')(; of the llcvised Statutes of the Vnited States is
lii'ivliv ileclar(;d to include ami ap|ily to all the dnminiiMi of the United States in the
u;itcis oi' the jk'hrini^'s Sea, and it shall he the <luty of the ['resident at a timely
M':iMiu in each year to issu(! his I'roidaniation and cause the sunu' lo he puhlished for
"111' iniinth at least in uw n(>wspa])er (if any such there he) ])uhlislied at i-ach United
^tiiti'v' port of entry on the raeillc coast, warniiu;- all iiersons airainst cntcrini; such
n.itrrs fill' tile pur|)ose of violating; i\\o. provisions of said seeti(ni, and he shall also
aiisi' one or nior(! vessels of th(! United Slates to diliijcutly cruize said waters and
:nTi'Nt all ])ersons and seize all vessels found to be or have been engaged in any
»iiil;iliiin of the i,aws of the Unit<'d States tlnn'cin."
nil'
lli'linii
Now, therefore, I, licnjamin Harrison, I'residcnt of the United Slates, pursuant to
ihiive-reciled Stat utes, hereby warn all ])evson.s ai;ainst entcrini; the waters of
s Sea within the dominion of tie' United States for the purpose of violatinij;
till' priivisions of the said Section T,).")(!, Iicviscd Statutes ; and I hereby proclaim that
■ill prisons found to be or have been eni,'ai,'cd in any violatiiai of the Ijjiws of the
I niti'il States in said waters will be arrested and punished as above provided, and
lli'it all vessels so employed, their tackle, apparel, furniture, and carajoes, will be seized
iiml furfeih^d.
Ill testimony Avhereof I have hereunto set mv hand, and caused the seal of the
InitL'd States to be aflixed.
Dune ill the city of Washinf^ton this Ifltii (iiiy of March, lb!)(), ami of tli
liKh'pcndciicc of the L'liited States the 11 Itii.
(Siirned) UKNJN. UAllUlSON.
l!y the I'resident,
^Si^iii'd) Ja.mks (J. Hi.Aixi;,
Sfcrettiry of Htuti'.
No. 5.
Sir J. Piiunce/ntc In llir Minijuis of Snlislmnj. — {Revi'ivrd Soptcinher 1.)
( l!xl ract . ) Maijiinlid, Jiih/ '-' 1, 1 SdO.
'I'll I'j aiijoiii'iimriit of the l?ehrinu''s Sea iici^otiatioiis caused hy the (le])ai'tiin! of
in my
II yniii'
those iiei,'i)tiatioiis and on tlic luvsciil
the Secretary of State from Washington for Bar llarhonr, as re])orted
tclcijrani of the lird instant,* all'onls a convenient f)|)[)()rtnnity for suhinittini,' t
Lordship soiric ol)servalioMs on tlie course of
situation of tiie ciiMtn)ver>>y.
It may he convcnirnt, in tiic first place, to recall the <'ii'eiiiiis|anees under wliicli
the London riei,'otiali(jn was reiii'\v<'(l in Washiimton.
The liOiiiloii iie!;otialii)ii had hceii interrupted liy various events heforc any siilis.
factory iii(|iiiry had taivcn jdace into those important (|iipsti<ms of fact on which tlir
(1 States' (iovernment hase their contt'ution that a close season in I5cliriiiy:'s Swi
XJi
is iiidisjiensahle for the preservation of the fur-seal species. That cont<'ntioii wih
supporled, no doiilit, liy a considerahle amount of rs parte evidence, on the streiiijtii ol'
whieii the United Slates' Cioveriiment iiroposed a tlos(! season from the l.'ith Ajirii tu
the 1st Xovciiiher.
At the saiiK" time thev declared that tliev onlv doired a close season for siicli :i
pel
nod as iiiinii
t he reiiuisite for the end in vie
lent were dis]iosed to entertain the ju'eposal faMiiii;ilily,
■iiihjeet to the views of till" C'aiiailian (iov<'riiineut, as re|)rcsenliiiir that part of Her
Her ,Maie-.t.v's (iovi
Mil
iieslx s dominions iinmediatelv interested in the seal lishcrv
Th.'C
ilian (i
ment pointed out that the ])i'oposaI of the; United Stales' (iovernnienl would practi';;iily
have til" etlect of exeliidiiii,' Canadian sealers altoLvetlii'i from I5eliriiit;'s Sea. Tliatllii'
Ticiiod siiLri'ested for a close season minht as well he read from the 1st .lanuarv Id tin
;>lst DeiMMiilier, it heini,' iiotoiious that seals do not tniter JJehrinir's Sea in
middle or end of ^lav, and havt! lelt those waters hy the end of Octoher.
tli(
disputed the accuracy and value of tl
(iovernment.
le evidence relied on
1>v the United Stiiti'
It
was a
I th
•lure that Mr. riieliis, the I'liiled States' .Minister in l.iiniion
(aecordiiiLf to .Mr. lilaiiie's note of the iDlli duly, ]s'.)0), leh'i;rai)hed to his ( loveriimeiit
ini,' his fear that, owiii;,' to the opposition of Canada, there would
lie nil
expn
Convention.
The Presidential election Uu'.n supervened, which, as Mr. I'helps admitted, neces-
sarily suspended Ihe netrotiations. The forination of a new (.'.ihinet at \Vas!iin;;loii.
aid Hie appointnu'iit of a new Mritish .Minister, retarded further proi^rcss, and it w;i'^
not until the nionlli of I'ehru.irv last that it was
ed that tin
l'L,'o!i;itloll sllnllll
lined at \\';i.sliiiiLi|nn helween Mr. lUaini'ilhe new Seeretarv of Ki.de), .M.i
Sti'ii\e (tin Itiissian .M iiiisler), jiiid myself.
it was admitted that tli
e sole Ol)
ject of tl
|uiry u.as the preservation of llr
1 ur-seai s
pi 'ies Ibr the lieiiellt of niaiikind, and thai- no consideration of advaiitii
any j,articn'ar iialion, or of lieiielil to any priviile interest, should enter iiilu ll
discussion.
Tl
During' the iicLCotialion I had the ;idv,-nitai,'e of llie aide assisianc' of ^fr. t'li:irl
ppi
the (
.anadi.'in
.Mi
f M,i
it the iu(|uiiy. Her -M
iiisicr o
lieslv's tiovernini
and I'ishcries, and [ mav sav that, tliinii^
111 Were ariiinati'd liv ll
[ari'i'si. sp
irit 1)1
nienl, Mr. lilaiiie
[)ri
idiiced a .MiTiiiinin-
'that the killiiiL'if
iei'H'>
justice, friendliness, and coneiliatioii.
On the jiart of the I'nited States' (io
dum of evidence and extracts I'loin oll'ieial doeiimi'iits to provi
seals in thi! open sea tends ecrt.-iiiily and rapidly Id the extermination of the sj
This assertion was comliated with L;reat force and ahility hy llr. TuppiT in 'i
eouuter-ML'inorandum which I laid hefore the Conlerenee, and in w liich a ijreat ainmiiil
of testiinouy is collated adverse to the view of the United States' Government. Tin'
• Si'o ■' L'liiicd Stutes No. '.' (ISUO)," p. 503.
; muliT uhicli
<iM fiiv ^ucli ;i
result of flif! carcl'til I'misidcraliDii wliicli I ;,';iv(' to tlic cvidoiioc on botli sides vfHH to
satisfy my own mind tliat, wjiiic rncasuri's an; called for to protect fcmalo soals with
vniiiiu' from slanijlitfr duriiif.' Ill'" will-knuwii jici'lods of their miifration to and from
tlic liivediiii,' islands, and also to proliiliit tlie a|i|in)acli of sealinii-vessels wittiin a
oortaiii (iistance of those islands, the iiii|uiry had failed to estahlisli the contention of
till- I'nitcd States' (lovcriiment that the ahsoliite prohihitiou of pcda^ic sealinf^ is
ncpcssiiry for the ))reservatioM of the fnr-seal species.
Hut tho conflict of evidence and opinion on many points was sueJi as to jirecliulo
all lioi)e of a solution of the iinesfion without rcH'oiirse to a Commission of Experts, and
possihly to arbitration.
In this state of thinifs I was invited liy Mr. Blaine to make a jiroposal on behalf
nf Ilcr .Majesty's (loveniment. Aceoriliiiijly, T prepared and submitti'd to the Con-
firoiice the.sclieme of settlement explained in my note to Mr. Blaineof the 20th .Vpril,*
toiidlier with tlie draft of a Convention to carry it into etVeef, the flraft having
pri'vioiisly met with the concurrence of tho Canadian (iovcrnmcnt and with your
Ldrdsliip's approval.
I venture to think that it would be difficult to 8Ug;^est a more ecpiitable basis
of snltlenumt.
The jii'oposed Conv(!ntion provided for an a])pointniont of a Mixed Commission of
Experts to report on the disputed points, with ultimate recourse to arbitration, should
it lie fon rid necessary for the I'lnal adjustment of all the ((uestifms invrilved. Morn-
ovi'i', it endiodied rr'i^ulations to take immediate elVect, and \vln'(di 1 do not hesitate to
alfirtn were amply sulllcient to remove all risk of the dejilction, or even appreciable
(liiiiinntion, of the fishery pendintr the Report of the Ccmunission.
I had every reason to expect that, on receipt of my note of the 2!)th April and of
llicilraft Convention which it incdoscd, another meetini; of the Conference would have
liccn summoned to discuss the sufru-iency or insufficiency of the proposals made by
Her .Majesty's (iovernment. But the neijotiators were not invited to meet again,
and my note of the April 29th, was not oven answered.
On the 22nd .May the public journals announced the rejection of the British
proposals, and the issue of instructions to the Tnited States' revcnuc-cruizers of such
11 1'liiiiacter as rendered necessary the intimation conveyed in my note to Mr. Blaine of
till' fdllciwinLC day (2;!rd May),t that Uer Majesty's (iovernment would forward without
ili'hy a formal protest aijainst any interference with Jiritish vessels in Behring's Sea
fiulside III' territorial watt^rs.
.Mr. Itlaine's reply to that note is dated the 2!)th May,+ and in the course of his
'iliscrvations on the protest of Ilcr Majesty's Govcrimient be states that "no course was
lilt to the United States or Russia " but to reject the i)roposals contained in my note of
till' :;'Jth .Vpril. That is the only formal intimaticm I have ever received that the pro-
piiM'il (.'(invention was uiiacci'|)tablc to the United States' (iovernment.
Tlie neijotiation which was thus brouijht to so abrupt a termination had
lifiTi restricted entirely to the ijuestion of a close season. All questions of
ii;.'al riu'ht in etmtroversy were ])urposely ke])t out of view, in the hope that they
would iinally disappear in an international agreement. That result, however, not
liavini; been attain(,'il, the United Statr's' (iovernment have reverted to the claim
of 1i",m1 riL,'ht to exclude all other nations from the fur-seal fishery in Jiehring's
Sea. 1 have had some difliculty in clearly apjjrehendin;;, ev(>n after all the corre-
spniulonee which has taketi jilaee, the ]ireeise proposition of law on which the United
States' (iovernment rely in jiistilication of that claim.
The attitude of the late Caliinet was quite inconsistent ■with any serious reliance
■m such rii;hls as are now asserted. Thus, President Ch'veland, in 1887, ordered the
release of three J?ritish sealers seized in B<'lirini,''s Sea, under Section 1950 of the
Ilovised Statutes of the United States, which m i,'eneral terms ])r(diibits the killing of
m- fur-seal "within tlu! limits of Alaska Territory, or the waters thereof."
It is true that Secret.'iry Mayard stated that such release was ordered " without
conolusiiin of any questions which ini[,dit be found to b(> involved ;" but no further
seizures were made in 18^8, and the rrcsidmt jiroeeeded to invite the (lovernmeuts
f'f Great Britain, liermany, France, Russia, Sweden, and Japan to enter into an
arTan^'pnient for tlie better protection of the fur-seal tisheries in Bebrini;'s Sea.
Tliis amounted to an admission, in the face of Eurojie, that the object in view could
liot be attained consistentlv with the law of nations without an international aijree-
• Sf<" Uiiiied Btales No. 2 (1890)," p. 455. t Ibid., p. i"'!. J Ibid., p. 475.
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Photographic
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Corporation
23 WEST MAIN STREET
WEBSTER, NY. 14580
(716) 872-4503
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10
jhciil. Anollicr i'(|iinlly si;^ni(lc;\nt fact was tlio iffinril iif tlw SiMiiltc ol' Hie llnitiHl
Stales to allow (lie insertion of a ehiiise, proposed In- tlie lloii'^e of nephSnntativc*, ifi
tlie Act, ol' the 2iul Mareli. iS'^'.t, ileelariiiir tiiat Section WKtO n[ llie Heviseil Statutes
!il)ove referreil to, and under '.vliirh I In- sei/nres of Hritish sealer* on the lii;;li wi*
liave been inr.de, " include and apply to all the waters ot' Hchrinir's Sea in Ainska
onibraeen uilliiii the liouudary-lines nnnilioned ami dcscrihed in the Treaty « ith Itussin."
'liie (danse, as i( wiw stands, is as follows: —
"Section lit'iO of llie lii'vised Statute* of the liiited Slatcn i* liefehy declnreij tii
iindnde and apply lo all the dominions of the I'tiited Slates in the wnl<Ts of HeJifiuijV
Sea." It will he .seen, Iherelore, tii.al the Senate de<'iined to e.iniprolili>«e itself liy .inv
such decdaratiou as was jirnposed hy the llon.se of lleprcsentalives.
This is noi suiprisinL,', eonxidcrinir the politico-physical i,'(vi;»ra])hT of Urliriii!;'*
Sea. -An eminent American jurist, rrcsidi-til An'/ell, in an article in the " h"oriiiM " nf
Noveiniier Ib'^O. (leniou.st rates with uTcat force the fallacy of lrentin!» that si';i ii«
mnrc rliiiisiim. lie points out that ii nica--ures I.HHI miles from cast to we.*t, ami
bOO miles Irom north to south, .and that its area is more than twice timt of the Nnrlh
8ca, and at least two-thinis as ^rcit as the Arpdilerrariean. .As i-eijnrds \in entrances
he remarks that it is ojicn to the north by the straits. ;!(» miles wide, vrliieh farm
a pa«sa!:e-Tvay to t ho Arctic Ocean ; and to the south by tnoH' tll.ail SOU itiile* of ya
iiitervenini; between the most wcstci'ly idand of Alaska and (he \sintic shore.
Another eminent Aiuerican jurist, Professor iiayner, writini; in the same sensi' t"
tho "New York l^i-nini; I'ost " of the 27tli June, jissj), observes thnt the tiarrowrxt
of the ehaniw'ls bclween the western extremity of the .Meiitian b(dt of ishniii"
l)elonu'inLr to tlu; I'nited Stales and the I'wssian territory of Katnt(dia)ka "Wdnhl
admit of a fleet of KIO vesse's sailinq abreast in a siiiijle line, even if deployed «illi ;i
quarter of a mile lietwec!) eaidi two vess(ds."
But even if lichriuir's Sea were " l.and-loekcd " within the meatiiu!? of a elo>!e «(■,■),
tho . .'vcrance in the iinily of territorial possession which took jilace in 1><(I7 hy the
cession of Alaska to the United Stalos deprived it at once of one of tho indispeiisidili
conditions of a " close .sea."
Ihissia, by the Ukase of 1821, undoubtedly elainied that part of the I'aoili'
Ocean as mm-r rlr,>iyiii,i, aliiionu'h she did not attempt to ("xelndc forciirn vessri<
entirely from it. As ex)»lained by M. J'olelica, in his note to Mr. .Vdanis of tli'
2Stli February, 1S22, Itussia, while (daiminfj the riirht to ilo so, ])reCerrcd only assertini;
hiT "essential ri'^lils" by pruhihitini,' foreiu'n \t'ssels fr^im approaehinu; the ciiast.snr
islands within less than KiO Italian miles, it is clear, therefore, that Hussia hasni
lier riu'hl to impose this Icssia* restricdioii on lorei'^'n vessels upon the lari^cr riijlit u'
total exclusion under the doctrine of vuirr rlnwuiii.
If 1 eorrcetlv understand the contention of lln I'nited Stiles' d'oierimicnl. it i-
this :—
They ari" willinic to discard the <loetrine of nmrr c/'m/vkim as sipjdied to Uehriii::^
Sea, but they insist on the more liniiti'd ritjhl eiiinied iiy liussia to exercise jniiiHic-
tion o\('r foreii^n vess(<ls within KIO miles of tlie C'lasts und islands. II is oliviims
however, that the I'ussian claim of Jurisdiction within 100 miles disrt|tpf>ared ititli tiii'
lnv;;er (da!m of mnrr rlnii^iiin from which it w.as derire 1, .and that it cannot ikihI)'
revived Avith any semblanei- of rii,'lit, and for any purpose wlmtev(>r. Sncli .'in
npi)ro])riation of open sea, lo use the himfiiaire of Dr. D.itia (7lh edition of Wiii.itmi.
note to paniirraph 1S7), '' howmer lon!» ac(]uieseef| in, is inadmissible In the nature "i
tbiniis. Wliatrvcr m;iy be the evidence of the time or nature <if the Use, it \i ,«i'!
aside as a bad usat'c which no evidence can in.aki- letral."
Hitherto the credit has been ascribed to the I'nited States of liavini? bi-en tin'
first nation to vindicate the frei'dmn of the sea in respect ,;f this very porlioii of III'"
I'acific Ocean by tho vii;oroiis jirotest of ^^r, .1. i^. .Adiinis ai^ainst the whole nf tlir
claims, maritime and territorial, iissorted hv the limperor Alexander I in hi« fmii'ia*
tJkase of 1821.
I think it will be a matter of ireneral surprise to lenrii that, iti the view nf the
United States' (io\eriimcnt, that protest was not intende(I to ap[ily to the claitn* nf
Russia in Helu-in^'s Sea. Hut, whatever opinion m.ay be fornu-d on that poitit, '' i'
certain that the ])rinci])les of the law (if nationg iinoked by Mr. Adams npnly with
eqiial force, wlu^ther to the north or to the south of Ibi' Aleutian Islands, and that tin'
millions of fnr-'eals \vhiel; miiinite annually to lieliriiiLt'.s Sea do not, oil enteriiifi* it«
waters, become tin' exclusive ]iroper!y of the Iniled Sl;ites.
I will not presume lo dwell hunger on the lei^al aspect of tho Odntrovcrsy, as ihi
various (picBtions of law to which it has i,'iven rise havi' been fully and coftl'hisiu'l.v
U' -
iV.ilt wiili ill VDiir F,oi(lslii|)'s (lospatclios, ol' wliic'li copies /iiivc hern ronimuniffiti'd to
Mr MliiiiH-.
I Mill only (iliscrvr, in (•(Piiilii-iiin, tlinf if (In' rnilcil Stales' (Iitvernnieiit ])M'.sist
in tlicif eiiileaviiiir to cvcliide Mrilisli viihjirls fintii any |iarti('ipalinii in the fur-seal
li'ihri'y in l!elirin',''s Sea, fin tlie J)lea that siieli exehision is necessary lor tlip prescr\a-
tion of the fur-seal speeie*;, they assume a piisitiou wliicli in my opinion will not hear
ilio test (if ;)ii impartial inquiry, and thai, in (lefeiidjiig sucli aetio)i on the y;rouiid of
li'U'al riirht. they raise (|nest ions of <;ra\e interest .and coniu'rii to all nations \vlii<'li thero
iiin hi' no hope of lirinu'lnir to a satisl'aetory sidulion othi'rwise than hy a Confi'reneo
lift' '(Ireat Powers or hv international arhitral ion.
No. (!.
.Sic f. l.dmjmtii anil Co. to Foieiijii (}ffia\ — ( Urci'wcd Srplemher fi.)
I'rar Sir, (M-, Queen ISlretl, Lnmlnn, Si'plrmhn- d, IhDft.
SI.N'CJ'] Ml! addressed yon, under date of the tith Noveinlier last,* on the Heliriiiir's
Sea l''i>iiery >|Uestion, the numlier of fur-seals ;iiuiually visitiuLr the I'rihylov hrecdinir
islands liaii decreased to suidi an extent that the Compaay who hold \\w lea-'C froni tliu
I'liitcd St.'iles' (loverninent li.'ive only liceii aide to ■.eeiu'e, I'nr ti-iid<! purposis, l'l,OOU,
instead of tlu^ usual 1(MI,0(I0. skins. I hi- I'liited States' (iovernnu-ut Ay:ent htationcd on
ilic inlands proliihitinsj any further Ixillinir.
The total extermination of the fur-se.al, \. nidi we foreshadowed in our List, Iuih
tlicrel'iire (.'oiiie within inensur.'ihle distnnee, and iinh'ss •„ elose tinii) can he arranged
ininiriiiately, thi! nnimal will iiiidouhtedly lieeonu! exliiK^t williiii -i very hliort time.
We need scarcely point out tli.at as the seals taken hy the (';uiadi!in sidioouers at
si'a ure thi^ I'l-malos and pups of those visit iiii,' tin- hreedinu' islands, this industry will
iif iiceessity di^appear with the extinction of the seal, and in cijulirmalion of this wa
have just rcceivi.-d a iideixraiu from Victoria informim; us that the se.al lisliery in the
lii'liriiiLf's Sea has lieen a failure, the total ea((di heinir far h(dow those of preeedirig
yiars, althoufjh the /ishiuir-vesstds <lo not appear to iiave liueii luoh.'sted hj' the Liuitud
j^tati's' (iovermneiit eruizere.
Wo an;, &(•.
(Sitfned) C. M. LAMl'SON and Co.
M'l'tinieill. it i>
No. 7.
Fiireiiin Offivr to Sir ('. Lnmpwii and Cn.
'iiailleincn, I'orrii/n Office, •Sb/i/cw/icj- it, 1^^0(1.
1 AM directed hy the .\rar(|uis of Salishury to aeknowledp' the receipt of your
loliiTof the lith instant, eallin<; ;itt{!ntioii to the serious diminution wliitdi appciUiN to
liavi' laki'ii iilace in the numher of fur-seals resorting to the I'rihylov Islands.
I am, &e.
(SiLrned) T. II. SAXDKUSO.V.
No. M.
Admiriilty In h'niei(iii Office, — {Receired Seplrmlirr 10.)
^ir, Admirallij, Seph'mlirr '.), IMtd.
1 AM eomiiiiinded hy my Lords (.'onuiiissioiiers of tlu' Admiralty to tr.ansmit, for
'III' iiit'iinnation of the Secretary of St.ate tor l'oreiy;n .Vllairs, i:opy id' .a telci^rain d'.ted
'lii''^tli Scpteiiilier from the Coinmander-iii-cdiief on the I'acilie Station.
1 am, \e.
(Si-^ned) i:X\S MACUinXiUH.
[1)5J
.S.'!' " I •lil.'ii Slates No. 2 ( ISyO), p. 33t<.
u a
12
Inclosuro in No. 8
Vice-Admiral Henenyr to Admiralty.
(Tclo|>rnphif.) Viclmiu, lirilish Columbia, Septem'^er ^, 1890.
ON tlit> 23r(l Aui;ust r<)ur .sealing schooners lol't B('lirin!,''s Sea, rej)orting vessels
liomewanl Iwund. Very bad eatch on aeeouiit ol' foi^i^^y weatlier. "Uusli" steamed
i-ouiul one wliile huiitinff seals, and took ikj notice. No seizure made; or any otiicr
intcrfereuc*" with seah'rs.
No. i).
Mr, Winton to the Marquis of Sulishurij. — {Recfiii-d Seplemher \'\.)
My Lonl, 32, Halton Street, Toronto, Canada, .September 3, iSitO.
PERMIT me to say that I am |)lea.sed to l)e ahh> to eontirni your Lordship's
reprcsent^itions in reply to Mr. lilaino's stat(>nieuts respecting tiie " jmssiide destruc
tion of the Mehrini^'s Sea lishery by over-tishint; and by tlie irretjuhir slaus^hter of
seals " in that quarter.
The North Atlantic seal tisliery i.s very similar in character to tiiat of Belnin^'s
Sea, and the habits of the animal in l)oth seas have a ijood deal in common. 'iV
dissimilarity consists physically only in the character of the fnr, and locally in the fact
that the Atlantic seal is taken, capturi'd, or killed either in the water or upon tiie iw
with wliieh it is covered at the season when they arc taken, whilst the I'aeitie sealis
killed in tiie water or upon the adjacent islands.
May [ask your Lordshi|) also to note the fact that when Uniteil States' seal-
hunters some years a>;o (in lH()0-(il, 1 think) uiuU'vtook to compete in our Newfound.
land seal fishery no objection whatever was raised by us to their doini» so, <ir even to
their outfitting in our ports, subject to likodnties upon tiieir sn|)pliui and outfits wIiIl'!:
the local fisherman had to pay r It was our refusal to permit them to brini; in their
own 8upj)iies free of duty, whilst they outfitted in other respects from our jiorts, which
induced them in a lit of mere dudijeon to abandon the fishery.
Prom the inclosed extract which 1 take from the "Tji-oiito Kmpii-c" of the 28tii
July your Lordship will plciuse to obs<a-ve that 1 have taken some pains to tahulaic
the recorded annual <'atch of our North Atlantic seals i'rom ISO,", to 1885 inclusive.
This is entirely distinct from the catch (of which no record is kept) mainly taken
from the shore and within the bpys and harbours of the island, which is in sonic
years (juite large, and would add very considerably to the numlier. And yet, with all
this annual destruction, there is to-day no ])crce])tibl(' diminution of the mnnbor of
seals. I f these animals were iu)t thus destroyed, and their jtnxluce utilized, the cod
lishery, which to-day constitutes the mai.i industry of the Colony, together with our
Atlantic salmon and herring fisheries, would almost immediately be destroyed; for il
is entirely upon these iish they prey, and the quantity annually consumed by them is
almost incalculable.
I have, &c.
(Signed) IIOUT. WINTON,
Inclosurc in No. 9.
Extract from the " Toronto Empire " of July 28, 1890.
TuK Ueurinq's Ska Seal I-'isukuv.
To the Editor of the " Empire."
Sir, »•-', llalton Street, July -Jk l^Od.
I HAVE road with much interest that portion f)f the olbcial corresiwuidenee
recently hiid before the House of Commons on the above controversy between tlic
British and the United St.'ites' (iovernm(>nts, as published in your issue of "Thi'
Emi)in; " this morning, and liav(! been mwh struck by the contnist exhibited between
the vigorous, logical, and perspicuous representations of Lord Salisbury and tlie
18
weak and disiniroiiuous assumptions and pmpositions of the Ifinistcr of the United
States.
I am glad to ohscrve Lonl Salisbury's recofjnition of tlio fact that " it re(|uirL's
sopu'tiiiii!; more than a nicn- declaration "' upon tho part of a Minister of the United
States to bring one to a substantial conclusion as to facts invrtlvcd in the disiMission of
ijiiirsl tunes vc.ialir between the two (iovernnients. It is (|uite posNibb- (as iiis Lordship
inliniato) that in some res|)ects "Mr. Hlaine has been misinrornied,'" as it is e(|ually
clear that in others he ii* neither informed nor niisinfoi'med.
In reply to .Mr. Hlaine'.s .ttateinent respecting the "irregular slaughter of steals in
tlio iijien waters of IJehring's Se."," and the conwcpient jsissible total destruction of t'li'
fhlierv in a few years, Lord .Sali>l)ury dn-nis it unneecfsary to deal with that phase of
tlie i|iie.stion, as it is proposed to sul)niit all the cond'ti'uis of pelagic; sealing to the
iiivesl illation of a Committee to 1m' ap|>ointed by the two tioverninenls. In the iiiean-
liiiie, lii-- Lordship is of opinion that if all sneh sealing was stopped, the creature
Hduld nuiltiply at even a mon* extraordinary rate lliaii at ])resent, an o|iinion which
ivery practical seai-iiunter will readily indorse.
.\s conipiU'ed with tin- North Atlantic seal fishery, tiin Hehring's Sea fishery is
(Hiite a modern and recent industry. JJefore IVdiiang discovered eitliei' the sea or the
•.twits to which his name has Ikvu gi\en the North Atltintie lisliery was an importnnt
industry.
Hotli tisherios bnve some features in common, and tiie liabits and characteristics
of tiie animals in both w.aters arc not very dissimilar, especially as rcLjyrds conditions
of |)n)pa!,'ation, gestation, A:e.
Tlie records of our eastc-rn fishery liave been very aeeunilily tabulated for lu'arly
;t liiiiiilred years, and the results lully justify J^ird Salisbury's opinion, and most
i'iii|iiiatieally confule .Mr. HIaine's lamentations. In order to show how littli! justitica-
lioa there is for .Mr. IJIaine's j)ro'_'nostications, I may say that from isd,") (o iSSo, or
witliin the ))ast ei;,'lity years, no less than 2^,<M)(),(MM) seiils have lieeii captured in the
Niirtii .\tiaiitic, over and al)o\e thos<- of which we have no r'cord, and yet no per-
ceptililc reduction of the mass is annually or |ieriodically visible.
Tlie followini; Table "ivcs the numliers taken in decades from 1805 to 1885 : —
'ho vcar I'lidtDg
iHli
„
l»jj
tt
18.ij
■.
IHIA
1 nr>;
lt»74
IHH.J
Toiii
1 to 188.)
l.(IOO,()(l(t
l,9,'>(»,ti24
i.Ji'i.e.Ta
l,!)'.tl,17li
l,.iH8,'J8(l
a,',li7,37(i
•1,1 1 j.anii
.■),(m 1.360
J8,Nle.,7S.I
r. WlN'l'ON.
•Inst at this moment I have not at hand the llgures for the past live years,
liut I think they will not vary materially from the averages u;iven above for the |irc:-
eediiii; like period, except as thiy may lie all'ected by the decreased oullit of sailitig-
vivsfis imd the reduction of the number of steamers now ernployi>d in the lisliery,
several of which have been jnircbased by the I'ldted States' (iovernment and converted
intd ships of war, a.«, for example, the "Tigress," " Hear," '•Thetis," and others, the
names of which 1 am not advisinl of. Our old and discarded se;d-hunters, after tifteen
i>r twenty years' service and the loss of their first letter, make i;a!lant war-ships for the
United States; and, as a remarkable inst.ance of the irony of fate, are (K-casionally
empl lyed on the I'acilic in tin; ch.ase and capture of thi'ir congeners engaged in
(HKMipations that tvero not (notwithstanding Mr. lilaine) cfinlni Imnos iiioim in earlier
anil liappier days, t.'oidd thi-se old staiPTH speak, how well they might exclaim, " To
wliat base uses do we come at la«t."
Ihit there is cme ])oint in this controversy to whi<'h I ant desirous of ealliiii; the
iitteiition of our lle|)resenlativc at Wasbimrlon, and of l^ord Salisbury himself, and
lliiit is, that as Ion;: au'o as f^tift t!ic^ Ameriejuis thenisehas demtnided of us the very
riuiit wliieh we now demaml of thi-m. .and then, as now, we admitted their right to a
juiiH'c'iition of the North Atlantic seat (i-her\ . (piile as mneb, n.ay more, a penpiisile of
"iir Alianlie provinces jis is their llebriiiir's Sea lisliery of the .Vlaskan and Aleutian
:innr\c's. Vov si-venil years the American ste;inier •' Monticelio " was dispatched to
St. .Iiiim's, Newfounilland, and was ibere litteil out, |irovisioiied, manned, and equipped
f'lillie prosecution of a pelagic industry, the capture of seals in the deep waters adjacent
t'l tiie coasts of that pmvinee. She, no doiiltt, tiMik seals within the .'{•mile limit;
11.
oiitsiilu tliat limit liov rifjlit t() lakc tlifin was never (jucMtioncd. She iniijlil, liiivf con.
tinned tlie ])ro';eentioi\ of tlint indu^ifry to tills iliiy liiid lier o\\nc;s lotind iii: n in
tlic rnilrd Stales with su|1icirnl diuiiiLr ;iii(l |iliiek and ninsele I'or jlie work; ' iit tViv
Ayere not to lie liad, and nl'ler one or two voyau'es the vessel was withdrawn, oniv in
(:onse(|nenee ol' our ict'nsal to pernii'i her to outtll an<l man in our own jiorts, anil tu
<'Jiter and (dear her sn|>i)lies, lirouuht Iroin the t'nited Ktates, free of tin- iMisloins mtis
wliicdi onr own people wen' snhjeet to.
In this case the Anierieans tlien demanded, and we conceded, 11"! smie ri^dil*
whieh wo now demand and they refnse. More, they were actually pcrnnlled to lij (ml
at (lur own p'>rts njion the .^amo conditions as our u\\i\ oiitlltters uerc sniiject f . 1
leave these facts to Mr. Ulaine, for his consiileration, an I trust they will not he li|,t
sij^ht of when the pi-ospcftivc Connniltee niakes up ils lieport.
Yours, &<!.
(Sii,nied) it. -WINTDN.
No. 111.
Foiffiiii Office III Mi\ IViiilnn.
Sir, h'tirdijii Oljlfi', Sfjilr„ilirr K!, ]-^)i,
I A^l directed l>y the Mar)|uis of Salishury to ;|(d<nou|e:ll,'e tlse recpipl o: ■, rir
letter of the :h'<l instant, lelatim,' to the -.c;!! Ii>heries in il:e .North .\tlanlic ; ;i I in
Hehrinjf's Sea, , ■mil 1 am to I'ctnrn to you his l/irdship'-. llianks for your eon uuuii-
eatioii.
I am. itc.
'SiLrne.l) T. II. S.\Nl)KliS()\.
No. 11.
sir ,1. I'liiiiicpfiile Id III" Marquis of Sdlishiini. — (Hecrui'il Sfpli'iiilicr 22.)
My Lord,
MiKjnnliii, Sfjilrmlirr 11, IS'.IO.
I II.W'I*; the honour to transmit herewith copy of a Hill I'litillcd, "A hill 1(i
amend the .\ct entitled, ' An Act )irovidinir a Civil ( io\cinineni t'or .\laska.' "
The words in italics constitute the amendnii'iit In whieh jurisdiction is proposed
to he conferred on the Supreme Court.
The rest is exactly as the Statute now stands.
I have, iSrc.
(Si!,'n.-d) .lUMAN I'AUNCErOTE
Inclosiue in No. 1 1 .
.')l.v7 Co»7rr.v.s !.«/ Srssioii.- U. 11. IT.tTO.
ix iiiK liorsE Of lii;iMirsi;.Ni'.\Tiviis.
Sfplniilii'r S, 1^1)0.- -|{(>ii(l twice, referred to the Committee on the .Indieiary, and
ordered to he printed.
Mr. Thompson introduced the followincr Bill ;—
A mil to amfwl the Act vnlilh'd. " An Art prnvuUntj a Civil (rovmtmenl for Alnskn."
I?K it enacted hy tlii' Senate and House «\! licprcsentativesof tin; rnitcd States of
.Vmerica in Congress iissemhled. that section 7 of the .\ct approved the 17th .May. ISSh
Clmi)tcr a.'J, he, and the s;ime is hcr(>hv, .iini-nded to read as f(dlows: —
"Sect. 7. That the (iencral Laws of the Stale of ( )renim now in force are licR'bv
declared to he the Law In said dislri<'t so far as the same may he a|)plicahle, and not
in contlict with the provisions of this Act or the Laws of the Lnited States; and tl"'
.sentence of imprisonment in any criminal case shall he ciirried out hy oonlinemeut in
15
tlic L'liiil or itMilfi'iitiMn- lich>limfl('f provided iWr. Iliii llir said l)isirict Court blinll
have lAcliisivc iuriMliclion in ;dl fuse- in ciinily, or timsc involvinu' n i|ni'stioti of title
td hiiid, or niiniiiu' ri'^lils. oi' (Iw conslitidionalitv ol' .1 t/iw mikI in :dl criniin.'il olTcni-cs
ivliirli MM' ''Miiital. In nil civil (■:isi'>i ;i( cciMiinon l;i\v, nny issue of fuel slinll lie deter-
iiiiiM'il In' 'A jury, nt the iii'il.'iiiee of i^iflier |i:irly. ;ind an ;i|i|ie'il snail lie in any fHf<i',
ci\il iir criiniiial, for ilw juditment of said Coniniisssioners to the said l)istriit Court.
wlicrc I he Miuount involved in any civil case is 2'MI dolla'-s ur more, and in any criminal
cibi' alierc M lint- of more than 100 dollais or irnpiisDnmenl is imposed, upon (lie illintj
iif n ■.iilliclelit npperil liond liy (he party appealinir. to hi- approved hy the <'ourlor
('iiininissioner. \Vrits of error in (riniinal eases shall issue to tin- snid District Court
fiiiiii the I'niti'd Stales' Ciicult C(Mirt lor the l)istricl id' Oregon in the cases privided
in Clwipter I'ti of the l/iwsof 1s7!t, and the jini'-dietion therehy ei inferred upon tin,
rir.'ini Courts i< herehy u'ivcn to the Circuit Court ol' t)rei;iin ; mnl ihr finnl Jntlijnientx
(IT l)'r,ii<s III siiiil hisirirl Ciiiitl niiitf I'r i''firiiril hi/ llir siiiil Circnil C'lUrl i.i riril crisi'.f In
I'll /MMf illillllin mill irilh till- iilir fffrrl iis fiiiiil .liiitipiiriil.i nv l)viipi:t of the I'intril i^tiitps'
/)/-// i/f Cdurl fur llir !)isliirl rf Uin/riti ; and the linal .lud'^'uients or J)i'crccs lA' sjiid
Cii-ciut Court and District Court 2n!iy he reviewed hy the S\iprfine Court of the United
9U\U< as in other cases."'
rNci:roTR
No. 12.
!<ly .1. Piiunri'I'i'li' III Ihi- ,Uh)(/i//'\ h/ i<iilisliiiiii. — (I'rrpirrd .^I'pleinbrr 29.)
.M\ Li.rd, Miiijiinliii, Mii.ssitrhituplts, Srittrmlier V.), 1S!)0.
U rill reference to my (lespntch id' the 'JItli .hily last, I have the honour to
inrlii^e. in the form of ;i .Memor.induni, some ohsi ivatioiis on Mr. I'laine's note ot' the
:iMtli .linie last. They are sULiiresIed h\ rt;iin ])assatres in Mr. .lohu Quiney Adams'
iji'^imti-lies relatini; to t!)e liossian licase of 1^21, whiidi do not a])))e;ir in the
riiri'spondcnei' on the suhject laid hel'iue Conijress in I'^S!), hut wliiidi si.'cm to me to
iiiiitirni in a remarkahle «ay the \ iews evprcssed in your Ijordship's despatch of the
2ml .Vuijusi.
t am, &e.
^Si-n.ed) .lUI.IAN VAUNCEFOTE.
Inelosure in .No. \'2.
\'i''' 'III Mr. liliiiiif'y li'.lirpri'UiliDii ol' .\fr. ./. (iu'.nr'i Aihtins' Dcsimlcli to Mr. .M.-ihllrlon
of .Till II Si. \x-li.
Ml!. HI,.\IN'I', iti his note of the llOfh .lune. 1^90. arirues at i^reat lenf,'tli to
-Inm llial Mr. .Vihiins, in his despatch to Mr. Middicton of the L'^nd .Inly, I'^^H, did
ii"l 'iispulc tile el.iim of I'ussia to exclusive jurisdiction over that p;ut of the Pacific
Oi'cnii now knoMU as Hehriiiir's Sea, hul that he only protested .ai^ainst the ImjHTial
1 kase of 1X21 so far as it related to the (daini of Russia to territorial donunioii on
the iiiiii incut of .\nterica south of the .'•.Mh parallel, ;ind to exclusive mnritinie j\iris-
liii'lidii south of (he .Aleutian Islands.
It is to he ri'ijndted that in (he printed eoia'cspondencc iclalinu' (o the lm])e:'ial
I iiiise (if ls21, presented (o Conijress in issj), ceiMain passai,'es from .Mr. Adams'
lipsii.iiclics shoidd have ii(>en muittcd. as they are absolutely fatal lo Mr. Hlaim^'s
I'onti'idion.
Ill the first place, in a pajier aeeoni])!inyini; Jlr. Adams' instructions to
■Mr. Miilillcton (hirt which paper does not appear in the printed correspnndence ahovc
ri'finvil to), (lie rolliiwini,' passaLje occurs with reference to Russia's claim of
in:iriliine jurisdiction from lleln'ini,''s Str.'iit to t.'i .'0' on the .Vsiutie coast and to .')1
"II till' -Vmcriean coast :
"The riu'lit of iiaviu:a(ioii and of lisliini,' in (he I'.Meillc Ocean, even 011 (he .\s' (ic
'"•'i^t iiordi of latitude C) . can as little be interdicted to (he United States as that of
'Mllii' Willi llie n.'ilives of .Norlli .\nierica."
I'lesidenl .\n'4:ell, « ho cites the ,ili()\e pa^saLie ill his article in the I'orum of
•'iiViiuliiT ISSl), makes the follow ini; comnieiit upon it ; —
" Alter readin;; such laiii;u,'ii»e Irom .Mr. .\danis, can any one doiiht what his
Jiiswer woulil have Ijceii t^» ft proposition by Utissin tw cOueodc tlial the I'aeific south
w
v^ tlic r>r)tli pjirallcl was an open non, hut that the part norlli of it formed aclosesfa
over wliicli slic lijid cxcliisivc jurisdiction':'"
All equally iiiij)()rt.'int jtassa^jc is also omitted in the eorrospon(h'nec jjrpsental to
Conijivss. It is to he found in the de.spat<'h addn-ssed hy \\r. Adams to Mr. Riisli,
the United States' .Minisf<T in l^indon, inelosini; copies of his instructions to
Mr. Middleton, and din ••tiiif; him to confer freely on the suhjcet with the Uritisii
CJovernnicnt, hoth ( iovcrnnients heini; united ai^ainsl the Imperial Uka,se of 1m21.
This despatch, which is of even date with the instructions to Mr. Middleton (22nd. Ink,
1S2.'5), is ref"rre(l to hy Dr. Dana at p. it"! of his Sth edition of AVheaton's " Inti'r.
national I^aw " (note on the .Monroe doctrine apjieniled to section (i7), for thi' puriKxc
of shoMins? that the paternity of the Alonroe doctrine heloni^s to Mr. .\dams. Hut it
has an imptn-tant heariiiLt on the point mised hy Mr. Blaine, as it contains a dear and
contemporaneous exposition hy Mr. Adams himself of his views in relation to the
freedom of naviijation of the Pacific Ocean in its entirety.
In this despatch Air. .Vdanis, after contending? that the cut in; continent was
closed to any new estahlishment hy any Kuropean Vower, procreeds as follows ; —
" .V necessary conse(|ucnce of this state of thintrs will he that tin* .\morican
('ontinents henceforth will no Ioniser h(> suhject to coloni/.atioi'.. Occupied hy civilized
nations, they will 1)c accessihlc to Kuropeans and eacli otlu-r on that footing,' alone,
and tlie Pacitit; Ocean, in every |iart of it, will remain o])eu to the naviijntirin of all
nations in like manner with the .Ulantic."
Mr. Hlaine, in iiis note of the HOth .lune, ol)serves thai .Mr. .Vdams, at an interview
with Haron Tuyl in July 182IJ, had foreshadowed the doctrine which four months later
was asserted hy President Monroe, in his .\nnual Alcssai^e to Couijress. Hut he makes
no allusion to the ])assai;e al)ovc cited from Mr. .Vdams' despatch to .Mr. Rush,
prohahly hecause it is omitted from the te.vt of the despatch, as printed at p. 212 of
the Correspondence presented to Comrress. It ajjpcMrs to mc to confirm in a
remarkal)le way the vir>w of jiistorians iind jurists, that the purpose of Mr. Adams'
despatch to Mr. Middh'ton of the 22nd Jidy, 1«23, was not oidy to ;ippose the
territorial claim of Russia, hut to vindicate the fr(>edoin of navigation of tlie Tacific
Ocean " in every part of it." Thus, Calvo states that the result of the Trc;ity of l^l'jt,
ht;twcen jtussia and tlie Unit(!d States, w;'s to secure freedom of navii;atioii and tislierv
" d.'ins t(nile IVtendue de I'Ocean l'aeiti(iue" (vol. i, p. US, tth cdit.l. The United
States' Government cannot seriously contend that ni-hrinij's Sea was not ;i pari nf the
Pacith; Ocean in the contomplation of Air. Adams, for not only was the term " llehrini,'
Sea '■ unknown at the time of the Treaty of lH2t. imt even in the Treaty "i ('es«ii)n of
Alaska of the 20th .Mine, ]S(i7, the 'island of Alton and Cojiper Isla'id (ol the
Korniandorski i;roiip) .are deserihed as heini? in the " North I'acitic Ocean." Aloniiver,
in 1S42, llussia refused to interfi're with I lie opeiiUi<nis of American \ lialer-i in
Peliriiiir's Sea when pressed to do so liy the Russian .Anierieaii Company, on Iht i-rouiul
thai the Treaty of ls21 i,'ave to American citizens the riirhtof lishiiii,' "over tli ■ whole
extent of the Pacilic Ocean."* Indeed, since the Treaty of 1H21., and that with (ii-r.at
IJritain of 1S2.'), IJiissia has never attempied to exercise niaritinu; jurisdietimi over
foreign vessels in l?ehriiiu;'s Sea outside of the territorial waters. This alone sli )ulil
disjiose (if the claim of the lJuit(>d States to exercise such jurisdiction ivitbin
100 miles of the coast of Alaska, for it purjii'vts to have heen deriviid from Russia in
1867, while it was renounced hy Russia herself in lH2t.
yVs rei^.'irds the rii:hl of fishery which flows from the right of naviijjition, Calvo, in
his work cii International Law (Ith edition, § .'!.")7), ri\<\s the claim of Denmark to tin'
Cireenland tislierics, hased on loiii; usaf^^i and on re<'oii;nition liy Tniatics. .Vltlinu!,'ii
she reduced her claim to seventy-fiv<' miles from the coast the other nations refii.seil
to ."idniit her pretensions, on the tjroimd that as no nation can aciiuirc hy usa!,'e (n' by
Treaty ;iny property in the lii^li seas, tlierelore no nation can extend the limits of its
territorial waters. Calvo adds : —
" Si de pareilles deroj^at ions aiix principes universellenient reconnus out lien, c'est
qu'clles sont diclecs par un int(''r6t maritime de jiremicr ordre, notamincMit I'exjiloi-
tation d'' jieches eolieres d'une natiin^ exceptionni'lle, des li;iiics d'hiiitres on atilii'>
(ro(|uillai5e.s ; it faut (iu"ell<!s se renfermciit dans la limile ih; I'ohjel special ipii Its a
fuit adopter; ct ellcs out hcsoiu pour doveuir ohligatoires, r/'cV/e .v(i»t/(0/iHPf.''' pur dts
Conventions expresses el e'criles."
J. r.
Bancrof\'8 " Hintory of the Piciflo Statr>," vol. ixviil, ji S83
icd a close sea
17
No. 13.
Admiralty to Foreiyn Office. — {Received October 7.)
Sir, Admiralty, October 4, IROO.
J A>r fommandi'd hy flio I/irds Commissioners of tlio Admiralty (o transmit, for
till' lu'iiisil ol" t lie. Secretary ot' Stale I'or l''oreii,'ii AlFair^ an extraet ot' a letter from
till' ('oiiiniander-in-eliie( on the I'aeiiicr Station, dateil llio loth September, rej)orting
the rrtiirn of the; si-ulinij-scliooners from J{elirini,''s Sea.
My liords desire me to eall partieular attention to parajjraph (i of llear-Admiral
ll.illiMiii's letter, in which it is stated that two-thirds of the catch consisted of female
sciK, sliowint,' the necessity of some agreement to prevent the extermination of a
valii.'ilile fishery.
I am, &e.
(Sij^ned) EVAN MACGllEGOR.
Inclosuro iu No. l;5.
Rear-Admmtl Hotham to Admiralty.
(I'ximct.) " WiirspHc" nl Esiiuimnit, Scplrwber 10, 1800.
I II A VFi to request yon will hrint; to the notice ;it' the; Lords Commissioners ol
till' Ailiiiiralty this letter with reference to my tel(>i;ram of the 8th instant.
I personally saw the masters of the setilinij-schooners named below, and obtained
fi'iiin tliem the inform.-ition herein re])orted : -
Captain C. Cox, schooner " Sap])hire."
Captain I'ctit, schooner " Mary I'aylor."
Captain Uackctt, schooner " Annie Seymour."
Captain W. Cox, sehoo: "r " Triumph."
Tlioy left the Behring's Sea on the 23rd Au!:just, and reached Victoria, British
C'nliiiiilii;i, in thirteen days, This season has been the worst they have ex])crienced
(Caiitiiiii Cox, of the "Triumph," having; been sealiiiL; for live years), tmd state it is
liur 111 tlu^ bad weather they experienced in .Tuly, which is the month they tilways
nmki' the bij^^'est catch; as for twenty-ono days, then, nothini; but heavy I'ol: was
cxitiii'neod, and they consequently could not ijet out their boats and eanoes to hunt ;
liny >.late they saw of plenty of seals whenever it cleared a little.
Mr. lliickett, of the "Annie Seymour," says he met the American criiizcr
'■ lliish," wiiile his boats were round the schooner, actually en<;^at;ed in sealinu', and the
crnizcr steamed round them, but took no notice whatever; he had his colours tlyiiii,',
and after about half-an-hour she steamed away.
Niiiie of the other schooners they spoke with had met with any interference,
nr hi'fii spoken to by the cnii/ers. 'J'hey knew of the " Rush" havin>; been to Sand
Ihail, Sjiiunaitin (irouj), and served a Proclamation on board the "Ariel," but, as thoy
wnv Ml Ncrth-Hast JJay, they had not met her tiien.
They also mentioiu-d that two-thinls of their catch consisti-d of female seals,
litit tli;it after the 1st July very lew indeed were captured "in pup," aiul that when
sealiii',' outside th(^ Hehrini,''s Seti, nunid tin- coast, on the way up (where this year the
licavii'st catches wen? made), they aekiiowledj^'cil that seals "in pup " were frccjuently
ra|iluii'(l.
iliii' capt'iin stat(>d Ik; saw what he thought to be an Eni;lish man-of-war, but
fi> this could not have been, the vessel may have been the United States' survcyinu;-
sliiji "Albatross," or a llussian man-of-war or crnizcr, thouij;h I liave no intcllij^ence of
:iiiy 111' iii(< Siberian ticet IxMiii,' in those parts.
I ini!j;ht add thai the sealers say they lieard rumours of a new seal-rookery
lifiiii,' funne-d on Middleton Island, which is outside the Hehring's Sea, but .Unerican
ti'rrilorv.
m
\(.. 1 1.
Admirullfi to Forc'iija O/ZiVc — (livveiicU October 14.)
Sir, .Vhiilrnllii, Ortnbnr 14, IHOO.
I AM oomiimiuli'd liy my Linds ('Dinini-isioiicrs df tlio Ailiniraltv to trniisiiiii, for
Iho intbrmatioi) of tl;j SeiTotarv of Stiito for iMirci'^n AtVair-*, copy of a tclpi,'riiiii,
dntctl tlic I4th instant, from the I'oniinnnilcr-in-fliii'f on the IViiic Htntion.
1 am, Ike.
(Signed) EVAN MACORKGOR.
Inclosurc in No. 1 1,
Jlear-Adiiiiriil Ihtthum In Admiraltij.
(Telcgrft])hie.)
Alifj tlie scaling scliooncr> liavo rt'tiniu-il
" U'lirspltp," III Virloria, October 14, 1N90.
No. 1.".
Till' ^f(lrl|Hl.1 of Siilisbiirii to Sir ./. Piiiinrrf'ntr,
Sir, F'»rl>jii n/flri', Orfnhfr 22, 1890.
YOUR (Icspiitcli (if flio 2Kfli July last, ini'l(i..iMi,' n icitcr from Mr. Itl.iiiio
undor dato llic lUtli July, rc.-iclii-d nic slmrlly lict'ori- tlw closi' of tln' Session of I'arlia-
ncnt. I (lid not answer it nt (lie time, ehietly lieeaiise 1 did not tliink it deMrdiic
(o mix up what seeimd to jne ;i c jutrnversy on a veiy iiuinipurtiiiit and secondary
])oint with llie more serious i|iii>s(iiiiiv w liitdi were in issue Ixtween the two (Idverii-
menfs, and to whi(di the eories)i(>ndenee then !,'oini,' on spe<'ially applied. 1 un(ler^l,Ml(l
from you that Mr. Itjaini" lias since asked wlielhcr you liav(! received any answer to
that despatcdi, and, therefore, I will make somi? (d)servations upon it now, althouuliit
appears to mo to contain little that alleels any (pn-stion of i)iil)lic importance.
I understand his eom|)l;iinl to he that, in a ecmversatiou with ilr. Phelps
reported hy that i;entlenian in a iles|);itch dated the 2.")lh February, IHSS, I iiad
a.sscutod to the American ])roposition to esla!>li>-h, liy mutual arrangement hetwcon
the Ciovernnieuts ini.-resfed. a (dose lime i'or fnr->eals hetweou the l.")tli Ajiril anil
the 1st Novemher in ca(di year, and hit ween KiO" west lon;,'ilude and 17"° wsf
longitude in the JJ(dirinij:'s Sea ; that I had undertaken to cause an .\et to be
introduced in i'arlianieiit to ijivo elTcct to this arraii'^emcnt as soon as it could Iw
prepared, and that I sul)se((uently receded fnun these en;,'aireinents.
The conversation in (picstion took place on the 22n(l I'chruary, ISSS, and my own
record of it, written on the same day in a despatidi to your j)redecessor, is as
follows:—
" Jlr. l'h(dps then made a proposal on the bases embodied in ^Ir. Hayanl"'!
despatch of tli(> 7th February, -i copy of wliieh aceomp;uiies my previous despatch of
this day's date. ^Ir. liayanl there expresses the opinion liiat the only way of
])revcntiin,' the destruelion of the seals would be liy concentrated action on the [lart (if
the Inited States, dreat lirilain, and other interested i'owers, to |)revcut tlicir eilizeiis
or subjects from killini; fiu'-seals with iire-.arnis o! other destructive weapons north "f
50° north latitude, and between lI'Af west longitude and 170° cast louL'itude from
GnMMiwich, durini; the jieriod inlervcm'ng betweeji the l.'tb April and the l<^t
November. I cxjiressed to Mr. I'helps the entire readiness of ller .M.ajesty's (Jnvern-
ment to jom in an Au;rcenient with ftussia and the Tnited Stales to establish a
close time for seal lishini^ north of some latitude to lie fixed."
It n^sults from these two rr'' inls that Mr. I'ladps understood me to accept rn hlnc
the proposals of the riovernni i of the United Stales; Avhilc my own intention and
my own recollection of tin; ^onversiilion was, that T mendy acc(n)ted the ireiioral
principle of a close tinu- north of some degree of latitude to be sul)se(iucntly lixi'ii.
This differenct! in the two reports of the same conversation, though not in itself vory
wide, unfortnn.'itidy covers the controversy between the two (Jovernments, at least
in its earlier stai;e ; for the matter in dispiitc between ns was the extent of the aiva
and the season over whi(di the (dosc> lime w;is to extend, and not Ihe cxpediciiey nl' a
clo.so lime in principle. Mr. Hlaiui> speaks of Mr. IMndps as havini,' been Ion:; known
in Ills country as an .able lawyer, aceurati! in the use of words, ;in(l discriminatiiii; in
flic statcmcu'l of facts. In that tribute to Mr. i'hcljis' high intellectual qualities J
that tl
file re(
of the
I'ad .\
ineilf (I
the Mil
My f.o
ill llie
Tl
'■itUrie
.\bska
11
seizure
that, il
from 1
19
jiiiii most unreservedly, m I'ur !w my own i»(!(|Hiiiiilanci' with liiin cimlilod nu; to judge.
lliit it is iiothiiiL,' iiiilieanl of lliat a iiinii, liowi.'vrr Mijlily i;iflcd in this rrs[)cct,
slidiild, ill ri'<'ordiiii; llirci' days al'lcrward^ a roiivcr.satioii Mlirn- no ivind of noti- wnH
lalvt'M, and no cIVoi'l iiiadc lo dclinc liic i'\|)r«'>'>iioiis df ojiininM wliicli were cxcliani^cd,
liav slij;liliy ini-.con('('iM'd the cxli'iil to uliieli aNX'iit was L(ivi'n (o his own proposnls.
.M_\ ii'collcction remains uiuhaiii,'('d, liial 1 ne\(.'r intended to assent and never did
a-«i nt lo llie detJiilcd proposals whicli were put for\\aid on Itcdiail' of tlu; Initcd
St.iti-, l•eservin^' my opinion on them for fuller eonsideralinn ; liiil that I expressed
ihe Inili'sl eoneiirrenee on the pari of lUv .Majesty's (Joverninent in the i,'eneral
IJiiniiple on wliicli those proposals proceeded, namely, tiie estahlishment of sue', (dose
ti lie as slKndil he nei'essary to preservi' tlic speeies of fur-seals from extermination.
l>e\ond this issue on the piirlienlar (|ues|ii;n of fiu^t, whether I did or did not
a>Miil lo the proposals (if the Lnileil St;ile> as unreser\i'illy as Mr. I'helps imaLcini!d,
there is a larirer i|ues|i(iii in regard to whi<di I must risperi fully dilfer fnun the
n|iiiiiii|i expressed hy Mr. Itlailie. lie speaKs ol ihr...' ei)|i\ ii>..ii ions as eonsi il ntiii^ an
ALMri iMi lit, and alludes to one of tinni under tin name of the .Vijreemenl of the
;;.')lli i'eiiruary. I do n<it think that this was the ohjeet which the p.irties had in view
ill the eniMersation to whieli .Mr. Jilaine refers. 'I'iiey \M.-re not makini,' liindini,' stij)ii-
latioiis or delinilive Airreement.s. Xo word, as far as [ rememher, was uttered on one
siile or the other to indicate tliat so unusual a ine;uiiiii5 was attached to the lani,'ua!;o
ibod. They were, as such conversations usually are, prelimiii.iry conversations,
iiilriided to lead up to all Aiirieineiit. If the wcirds uttered in a conversation at
wliieli no notes are taken are intended to eonstitiiic in any sense oi* cjej^reo an AifiTC-
mtiit hetwcen persons laKiiiL; part in the eonversalii)n, it seems to me essential that
tlie suh-eijuent record which eimiains the ])lira--e.> which are to he construed as
an .\L,'rccmcnt should he drawn up with the coiieuireiice of both the parties who luivo
taken part ill the conversation. Any other course must necessarily lead to misiinder-
btaiidini,'.
If .Nfr. Ulaine sliould revert to the matter auain you may read to him this
ilexpateli, hut I do not think the ([uestioii is of sullieieut importance to reiiuire any
cyuiiuunicatioii on your part unless he should refer specially to it.
I am, iiv.
(Signed; BALISUUUy.
Xo. 1(1.
Sir J. Pnnncpfolo lo Ihe Mfliqiiin of liuUshunj. — {Rneivnl Novombir I'J.)
(Teleiirapliie.) 1'. Hiishiniiloii, Norembtr 12, ]W)0.
1 l'".\nil';i) in my elTort.s to sec "Mr. Ulaine until to-day, when I reminded him
nf yonr [..onlship's ])roposal of nrl)it ration in the nehriiiir's Sea controversy, and
)iresseil him for an answer in view of the approaciiiiiir meetini,' of Parliament. He said
Hint the delay in sendinu' an answer was due to the pressure tpf home polities durini:
the reeess. lie was, however, imw eiiiraired in wrilimf me a note in answer to my note
fif the lilli Atiu'iist, in whiidi I eomniiniiealed to him your l.eniship's despatch <>f the
iml Aiii;nst. 'I'liis note he said would I.e delivered hel"orc> tin? meeting of I'arlia-
mi'iit (ir the reassemhlini,' of Conuress, and would, he tlioii^'hl, advance matters. In
the meantime anv fnrth(>r discussiiJii is delerivd.
Xo. 17.
Sir .1. Paamr/olf lo llin Miiiiiuis of Salhhury. — {Received Xovember 17.)
My T.ord, IVoshinijlDii, Xorembfr 7, 1890.
F IIAVI' the honour lo transmit hi'rrwith two eo[)ies of flie transcript of record
ill the aitpeal ease of the sidiooiier " Sylvia Mandy " r. the United States.
The " Sylvia Ifandy " is an American ressid, and her owners, who are American
liti/ens, appeal r.uainst her eondenination and forfeiture tiy the District (.'oiirt of
•Mask,! for eiiL;ai;iii'.;' in the fiir-seai lishery in Helirinu''s '"sea 17 miles from land.
II will he contended on this ap]ieal that the Act of ('onifress under which the
''I'izure was made has no application outside of the territorial waters o' Alaska ; and
tlial, if it purjiorts to control the waters of l!elir\ny;'s Sea lieyund 1 marine league:
from the shore, it is unconstitutional and r.hortive.
[95] D 2
20
This n|»))0!il casi> was iium1vrr<l rtSI in tlic li'^l form of lln' Supremo Court. It !»
now iiuidIii'iimI 'M'.\. :iuil it may |His>.ililvnimc iiii I'nr licarini; Ih'I'di-c Mir cxpinitiinMif the
prcsi'iil tiTiii. .\llli'>iii;ii ililViTciit 'tiisiilcratioii'' !i|i|ily to llic casf of an Anicficiin
M'sscl, till' Ciiiirt may l>i> caiifil on (d i.'ivc a ciiii'-lrui'liim In liu- worils in clause |'i,';(i
of llic l'r\ ImmI Statutes (if tlie I'nitcd States, "uitliiii (lie limits of Alaska 'reiritorv
or in tin- «ater>. tlicreof," «iiieli will settle tlie (|iii'slic)u i>\' law adversely tn tlir
roiileiition nf the Initod States' (iorernnicnt, iind irresjieetively of the natidnalitv of
llif vessel.
I have, fic.
fSi-ned) JULIAN I'AUXCRrOTi:.
Inciosiirc ill No. 17.
TiiiHufript of lirrnrd.
SupREJiE Court of the UNn'i;u Statks.
OetolKT Term, ISS'J. Xo. 083.
The Schooner '• Syliin lliindi/" hrr Tackle, Apparel, S^c; L. N. Hiindij, Jiimrs Girthcui,
J. X, Handy, and IVilllnm Thomaf, Oiinern, Appellants, v. the I'nilrd !ilales.
Appeal from the District Court of the United Staten for the Ditirict of Alaska,
(FiledJuno 10, 1888.)
Ill the Unitod States' District Court in ano or the District of Alaska, L'liited States ot
Amcricft.
To the Honourable I>a Fayotto Dawson, Jud;»c of said District Court.
THE lihel of iiiforin.ation of y\. D. H.all, Attorney for the United States for tlic
District of Alaska, who prosecutes on Indialf of the said Ciiited States, in the name
and on behalf of tin- said I'liitod States, alleiji s and informs ;is follows, to wit :
That M. A. lltaly.an olficor in the Revenue Marine Service of the I'nited Statis,
duly caminissioiicd by the I'n'sident of tin" I'nited States, in eominand of tin-
revenue-cutter " Hear,'" and on s|y><'ial duty in the waters of the District of Alaska,
heretofore, to wit, the 2nd d.ay of Spptoniber, a.d. 18h7, within the limits of Alaska
Territory and in the waters thereof, and within tin- Civil and .ludi<'ial District of Alaska,
to wit, \vithin the waters of that jiortion of Hehriiifj's Sea hcli ni^ini; to tlu," IJiiitcil
States and said district, on waters navisfable from the sea by V(!ssels of 10 or iiinri'
tons burden, seized the schooner "SNlvia ll;indy," of tSan I'raiuiisco, California, Iht
tackle, apparel, l«>ats, earso, and fumituiv, being the property of some peivm m
])ersons unknown to said Attorney.
The pi-operty i^ more |iarticularly described as follows, to wit: The selionu'r
"Syhia llaiidy," of San I'raneisco, California, of OTi',,",, tons burden as per register,
slaiidini; .and riinnin>; riu'trii ic, saiis, chronometer and nautical instruments, cIcK'k,
lam|is. carpenteiN' tools, biwiks. anchors, casks, cookiiii; and tahli" utensils, provision*.
riiles and shot-i^uns and ammunition for the same, and l,(i7t> fur-seal skins, and all
other jiroperty found upon or appurti'nant to said schooner.
Tiiat y\. A. llealy was then and there duly cortimisKioned and authorized by the
projHT Department of the C'nit«l States to make said seizure; that all said piopiTty
was then and there seized as forfeited to the United States for the Ibllowint; clauses:
That the said vessel and her captain, olTiccrs, and crew were then and there fouiiil
euijai;ed in killintr fur-seals within the limits of Alaska Territory, and in the saiil
waters thereof, in violation of Section l!)oO of the Revised Statutes oi the I'niU'il
States.
That all the said jiroperty, after bein^ seized as aforesaid, was brought into tlio
port of Sitka, in said district, and turned over to the United States' liarslial of
this district, with the i-xception of the said l,(i70 fur-seal skins, which latter ww
broui;lit into the port of Ounalaska, in said Territory, and delivered into tli''
keepim,' of J. 1!. .lohiiston, a spet-ial a'^i-iit of the Cnitcd States' Marshal, suhjiet I'l
nitcd Statw oi
21
till' nnlcr of the Cojirt, nixl nil of said proporty is now within (ho Judicial District of
Al;i-k:i, I'liiti'd S(n^^^ of Amcricii.
\iiil said -M. I». hall, Atlorni y as aforesaid, fnrthor informs and allcf^es —
TJi.il on 111"' 'Jiid (lay ol' S('|ptcniliii', A.n. 18^7. and at divers oilier times diirinj; the
iiiniiih of AuiiUst |ss7, •!. L. ('arlliciit and eerlaiii oilier persons, wliosc names are lo
till' ., 'lid I'niled Slates' Altorney nnknown, who were then and there en^af^rd on hoard
iif «iid '•I li<«)ner " Sylvia Handy " as seamen and seal-hinilt-rs, did, nnder the direction
mill hy the nnthority of .las. L. Cartlient, then and there master of siid sclKMiner,
rriirri-e in the killim,', and did kill, in the 'IVrritory and District of Alaska, and in the
wntiT- thereof, forty-two fur-seals, in violation of Section l'.).">(i of the Ueyised Statutes
of tiie I'nited States in such cases made and provided.
Tli:it the said 1,(579 fui-scnl skins and other i^oods so seized on boainl the selioouer
"S\ivi.i Handy" constituted the carijo of said schooner at the time of the killing of
slid tur-seals and at the time of said sci/ure.
Ai'il said Attorney saitli that all and siiif;ular the jiremises wt>re and ari i; !•' and
witiiiii the Adniiraltv and maritime jurisdiction of the United States and of this
huiKiuralile Court, and that hy reason thereof and hy force of the Statutes in such cases
nwili' luid provided the aforementioned schooner, hein^ a vessel of 'a tlen, r.'id her
Niiil :i|i]virei, tackle, lioats, cari^o, ;ind furniture, heeanxi! and an; I'orft .lod to the use i^f
theviiil I'nited Stat''-
Wherefore the siml Attorney prays that the as'iil process and monitio: f this
li'iiiuiuahle ''ourt issue in the hehaif af,'ainst said schooner and all sjiid l.Liciubefore-
(li'vriln-d jirM|.L'rty, to enforce tht; forfeiture thereof, and n :iuirinij notice to Iw given
In :ill pc'i-soMs to appear .'md show cause on the return day of said process v''y said
''iil'iitiire slioidd not ho depreed, and that after duo proceedings are had all said
]Mn|i"riy to he adjudged, decreed, and condemned .as forfeited to the use of the United
Slates, and for smdi other rdief as may he proper in the premises.
(Signed) M. D. HALL, United States' DUtrict Attorney
for the District of Alaska.
(By A. k. Delaney, Spe<'ial Assistant Attorney
lor the United States.)
Dalnl Sleptembry in, 1887.
llndorsed: i[. No. 93. 1. United States' District Court, District of Alaska.
ilir 1 iiiled States at;ainst, the schooner "Sylvia Handy." Libel of information.
lilril th • l.')th vSeptomher, 1HM7. 11. K. llaydon, Clerk, hy A. A. Meyer, Deputy
Cli'rk.
lu the United States' District Court for the District of Alaska.
United Slates v. Schooner " Sylvia Handy."
No. 93.— C/a/m.
Comes now James L, Cartheut, one of the owners aiul master of the above-named
^ilhiiiner, intervening for his own interest and in hidialf of those owning with him in
tiir ^liil schoont^r "Sylvia Handy," and apj>ears before this honourable Court and
makes claim to the said schooner, her tackli-, apparel, furniture, and cargo, as the same
iri now .ittiu'hed by the United States' Marshal for the District of Alaska, at the
iiisiance of the Revenue Department of the United Si tes, and the said .Tamos L.
Cartiiciit avers that he is part owner and master of said vessel, and was in possession
iif sail! vessel at tlu^ tinii^ of the seizure thereof, and that he in conjunction with
I". X. Ilaiuly and Joseph Handy and William Thomas arc the sole, onl;, and bond fide
'nviu'iv of said schooner; that no other person or persons own any interest therein.
Wherefore he prays this honourable Court to be allowed to defend accordingly.
(Signed) J. L. CAllXnCUT.
fSworii U) and subscribed this 15th day of September, a.d. 1887.
Deforc lue,
(Signed) n. E. Haydon, Clerk,
United Statfs' Di-ilrict Court,
(iiy A. A. Meyer, Deputy Clerk.)
(Seal.)
(Signed)
\V. Clauk, Proctor for Cluimanl.
22
Endorsed: 11. No. OIL 2. United States is selioouer " Sylvia liaiidy." Claim.
Filed the ISMli .September, 1^S7. II. E, lliiydoii, Clerk, by A. A. Meyer, l)ei,utj-
Clerk. W. Clark, proelor for elainiant.
In the United States' District Court lor the Distriel of Alaska.
Untied aiutca v. Hclwuncr " .S^/rm Handy"
No. !)3. — Demurrer.
At this time eomes \V. Clark, Escj., ])roetor for tlie claimant of the )irop('vtr
proceeded aijaiiist in the ;il)ove cause, and demurs to the lihel of information (lied
licreiu. The said claimant, liy iirntcslatiiin, not cmifessini,' all or any of the matters
in the said infurnuition contained t(» he true, demurs thereto and says that the said
matters in manner and form as tln^ same are in said information stated and set foith
are not suflicient in law for liu- United St:i1cs to maintain their said action lor
the forfeiture of the properly afoi'i's;iid, and ilial the said claimant is not hnunil liy law
to answer the same; wherefore the said claimant prays that the said information bo
dismissed, with costs.
(Sii^ned) W. CLAllK, Proctor fnr ()wm-r>\
Endorsed: TI. No. 1)3. .'!. United Stales c. schooner "Svlviallandv." Demurrer.
Filed the I'Jth Se))teml)cr, 1S«7. U. E. Uaydon, Clerk, hy A*. A. Meyer,' Deputy Clerk.
W. Clark, proctor lor claimants.
In the United States' District Court for the District of Alaska.
United Ulates v. iichooner " !ii/h-ia Hundi/,"
No. 93. — Jnswer of Janicn L. Ciirlliciil, Mttnlt'r nnd Purl Owner,
And now comes James L. Carthcut, claimant as aforesaid, and for answer to tho
libel of information tiled herein says : —
1. lie admits that !M. ^V. Ilealy was an ollici r of tlu! I'nited States' Uevfiiui
^Marine Service, ('iily coniniissioned, and that lie was at the time the ])roperty pmceedeil
against herein was seizeil in command of the United States' revenue-cutter " Bear," and
on oflicial duty at tlu; time the said seizure was made, ;uid was then and tlieix' iluh
commissioned and authorized by the jiroper Department of the United States to maki'
said seizure, but denies thai .said seizure was made within the waters of Alasfci
Territory or within the Civil and Judicial Disti'iet of Alaska, nv in any portion of
Behring's Sea belonging; to the United States, or u]ion any other waters belo;ii,'iiii; to
libellants navigable from the sea by vessels of lU tons or over.
2. Denies that said vess(>l, her ca|)lain, oHleers, a!:d crew, were then and tliPri'
found engaged in killing fur-seals within the limits of Vlnska'lerritory.or in the witoi->
thereof, or that they were then and there violatint;' any Law of the United States.
3. Denies that nn the 2nd day of September, a.d. 1ws7, any other jwrson or
persons did then and there, un ler the direction and authority of the said J.mu's L,
Carthcut or any other person oi at all, kill any fin--seal within the Districtof .Vlaska.or
in tho waters thereof.
4. Denies that the property proceeded against in this cause or any jiorfion tlmrfof
ever became forfeited to the United States. Wherefore th(> said (daimant juays that
the libel of information filed herein may be dismissed, and for any other just and
otiuitable relief as to this Court may seem meet and j)roj)er.
(Signed) J. L. UAHTllCLT.
Sworn to and subscribed this 16th day of Soptembei', A.u. lbf<7.
Uefore me,
(Signed) II. E. Il.wnox, Clrrk,
United States' District lUnul,
(By A. A. Meyer, Deputy Clerk.)
(Seal.)
(Signed) W. Cl^UK, Proctor for Cluimuul.
38
Eiidorsod: ir. No. 03. i. Unitod Stnlos i'. sclioonor" Sylvia TFaiKlv."
^ !l. K. ir.iydoiK CI.tK, l,v A. A. MoV.T,
Answer.
Deputy,
ll'tinii.
iiftaclicd
, till' ISMIi S("]iti-inl)(T, i^'-:
W. Clink, pi'oi'tor Tor I'laiiiiaiil.
Siikn, District of Alaska, sect. :
lit' it roincmhcrcd that, in olu'dicncc to tlio annox(>d monition, I liav(
ilic williin-dcscrii)ud projjerty and now hold tlio same in my possession, sulijeet
to the order of this hoiiouralile Court ; and the owners and claimants of said pro])erty
liaviiii; in writinij, tiled in C'ouit lliis day, waived notiee of ])ul)lication and postin;^ of
the lilicl and seizure, I tiierei'ore have nutified all ])ersons elaimin!^ said j)roperty
to)"' and appear hetore this District Court on the lUtli day of .September, 1887, at
,T o'clock i'..M., then and lhei-(.' to make their claims ;ind allci^'ations in that belialf.
(Si^Mied) JLMtTON ATKL\>;, United Stnlcs' ilur«hal,
Difdid of Alii^kii,
Sithi, Alaska, September 10, 1887.
}r for Otenns.
UAlMJlCLf.
United States' District Court for the District of Alaska.
Pistiict of Alaska, sect. :
Till' Tivsident of the United Stales of America to tlie Marshal of the District of
.\l:i--l\a, ffreetinsT :
AVIiereas a libel of inriinnation liath hei'ii tiled in the District Court of the United
>i!iti>; for the District of Alaska on ihc l.'illi day of September, in the yeiir l*^S7, by
llimiiiir.ahl(! M. D. Hall, United States' Attorney i'oi- the district aforesaid, oTi hehalf
"f tile liiited States of Americn, au;!iinst the sctiooner " Syh ia Uandy," her t.iekli',
;i|i]iaivl. bouts, enrLfo, and U'iT'.t l'ur-se;il skins, fin-niture, as forfeited to the use of the
United St.'des f(>r the reasons set forth in said libel of information, and prayin;; tlie
iMial process and monition of said Court in that behalf to he made, and that all
|ii':siiiis interested in said schooner "Sylvia Handy." her tackle, apparel, boats, cari^o,
1111(1 said sealskins and fnriuture, iK:e., may be cited in !,'ciieral and special to answer
:!ii' iireinises, and, all proeeedinL;s beiuir bad, tliat the said schooner "Sylvia Handy,"
lirr t;i(d\le, appand, boats, caruo, said seal-skins and furniture, may, for the causes in
■li'' Slid libel of information mentioned, be condemned as forfeited to the use of the
liiilrd States.
Yon are therefore hereby eommanded to attach tlic said schooner " Sylvia Uandy,"
liir ta(kle, apparel, boats, cargo, and said sealskins and furniture, to detain the same
ill ,vour custody until the further order of the Court )'es|)ectinj^ the same, and to give
iiiitii'c lo all persons (daimin^,' the same lU' knowinu' or liaviiii;' anything to say why
till' same should not be condemned and sold ))ursu;inl to the jiraycr of the said libel
"f inloi'mation that they lie and .appear ludore the said Court, to be held in snid tor
U,r DiMrict of Alaska on the I'.lth day of Sejdembcr, ISST, at !$ o'clock in the ai'ter-
imon of the same day, if llie same shall be a day u\' jurisdiction, otherwise on the u(;xt
•by of jurisdiction tlicrcarii i', then ami there to intcr[iosc a claim lor the same and to
m;;ki' their allcijations in that behalf; and what you shall have done in the premises
J'l.vmi then and there make returns thereof, together with this writ.
Witness, the llononrat le La I'ayette Dawson, .Fudge of said Court, and the S(\il
tlirwol' allixed at the city of Sitka", in the District of Alask.i, this lath day of
i^t'pti'mlier, in the year of cnu' T<ord l^^^T, and of the independence of the United
States the 112th.
(Signed) H. E. JIAYDON, Clerk, Uniied States'
Disl id Court.
(Seal.) (!;., .V. A. Meyer. Deputy Clerk.)
r.iidorsed : H. 5. No.!)'!. In the liiited States' District Court for the District
"I Al.iska. '{'he United Slates r-. schooner " .Svlvia Handy." Monition. Returned
ml liird the UJth Scplcmlu'r, l^s7. 11. U. Haydon, Ch'rk, by A. A. Meyer,
Di'imly.
24
In the United States' District Court for the District of Alaska.
United States v. Schooner " Sylvia Handy."
No. 93. — Waiver of Publication of Notice.
And now comes W. Clark, Esq., proctor for the owners of the abovo-named
schooner, as appears by their claim liled herein, and on behalf of said owners, and
being authorized thereto, waives said owners' right to publication and posting (jf tlic
notice of the libel and seizure of tiie property being proceeded against in tliis
cause, and waives also time of hearing and announces himself ready to proceed to
trial.
(Signed) \V. CLARK, Proctor for ClaimmU.
Endorsed: H. 0. No. 93. United States d. schooner " Sylvia Ilandv." Waiver.
Filed the 19th September, 1887. II. E. Kaydon, Clerk, by A. A. Meyer, iJeputv
Clerk. W. Clark, proctor for owners.
In the United States' District Court, District of Alaska.
In the Matter of the United States v. Schooner " Sylvia Handy." — No. 93.
At this time comes W. Clark, pi-octor for claimants, and moves the Court fur
leave to file a dc-murrer to the libel of information filed herein.
September 19, 1887.
Endorsed : 7. Demurrer.
In the United States' District Court, District of Alaska.
In the Matter of the United States v. Schooner " Sylvia Handy."— No. 93.
Now, at this time, come the parties above named, by their respective nitonioys,
Mr. A. K. Delaney for plaintiff, and M. W. Clark for defendant; and this eau-i^
coming on to be heard upon the demurrer of libel therein, and tlu; Court being fully
advised in the premises, it is considered and ordered that the demurrer be, and tln'
same is hereby, overrided.
September 19, 1887.
Endorsed : 8. Overruling Demurrer.
In the United States' District Coiu-t, District of Alaska.
In the Matter of the United Stales v. Schooner " Sylvia Handy,"
No. 93. — Answer.
And now comes .Tames L. Cart bent, by W. Claik, Esq,, maslor of tjie aliovi-
nanietl schooner, and moves the Court for leave to ti!(' an answer to the libel i''
information herein.
It 18 considered and ordered bv the Court that leave be granted.
September 19, 1887.
Endorsed : 9. Answer.
In the United States' District Court, District of Alaska.
In the Matter of the United Slutex v. Schooner " Sylvia Handy."
'or ClaniutntH:
No. 93.— Claim of Owners.
Comps now W. Clark, proctor for claimants, and moves the Court for leave to
flip claim of master for owners.
It is considered and ordered by the Court that leave be granted,
Sejitember 19, 1887.
l^udorsed : 10. Claim.
In the District Court of the United States for the District of Alaska.
United States v. Schooner " Sylvia Handy."
No. 93. — Evidence for Prosecution,
Ih Mr. Delaney. — T am John C. Moore, Third Lieutenant of the revenue-cutter
" Bear," and I was such on the 2nd September last. I was present at the seizure
of the schooner " Sylvia Handy " on the 2nd. We were in latitude 54° 12' north and
Inimitiule 10(5° 50', 17 miles from CajMS Cheerful. Captain Healy is Commander of the
" lioar," ll.M.S., U.S. I was boarding officer, sent by Captain Healy, in company
with Alexander Wilson; boarded the vessel, and found she had forty-two seals on
(lock, uiiskinned. I reported the fact to Captain Healy, who ordered mo to seize the
vessel, I returned and told the captain tliat I had orders to seize the vessel. He
said iic wo\ild submit, but on protest. James Cartheut was in command of the vessel.
Captr.in did not state how long ho had been in Behring's Sea, but said he thought he
had a jiorfect right to sealing in the sea if he was 3 miles from shore.
This was in waters from the '• navigable by vessels of 10 or more tons burden.
The schooner was taken t )unalaska; the skins taken out and stored in the
(lovcrnnient warehouse.
liij Court. — There were 1,637 skins below, and 42 on deck.
Cross-examined by Mr, Clark.
The only authority you had for making this seizure were Captain Healy's orders ?
-Yes, Sir.
By whose order did you deliver those skins to Ounalaska ? — Under Captain Healy's
orders.
Who did you deliver them to ? — I did not deliver tuem myself, but have a receipt
for them.
Who did ?— The Captain.
Mere you in command of the vessel ? — Yes, Sir.
He ordered you to deliver the skins in Ounalaska ? — Yes, Sir.
You say you were ordered to deliver the skins in (iunalaska? — Yes, Sir; I
iloliveied liicm to Captain Healy in Ounalaska.
Yo\i stated those skins were pieced in the Government cual-house ? — Yes, Sir ; in
I'liar^'e nr the United States' Marshal.
\\'h!it was his name 'f — Isaac Anderson.
Have vou a receipt for the skins ? — Yes, Sir ; I have not got it here, but I can
M it.
Counsel hero produces papers for identification. Witness identifies them
1^'direct:
•Vr. Drlimey. — Couns' titat^s that witness may correct any statement which he
way have made during co .ael's absence for a few minutes.
Witness states Johnson is Commissioner in Ounalaska, and the skins were delivered
'o tli(> Commissioner, the United States Marshal being absent at the time.
[!to] B
26
Tho papers produced by counsel arc as follows, to wit : —
Eejjistcr, No. 51 ; numeral 110,085, issued at Customs Office, San Franpispn.
12tli .lanuary, ls87; tonnage, (i7'70 net; "Sylvia ilandy" certificate; civw liJ
ccrtilicil 1-Jtli ,luly, 18S7, San l^'raueisco ; clearance from Cnstonis OfRee. \icti)ri.i
JJrilisli Cdliiniliia, mil .M,iy, lss7; ImumkI I'ur .Ndrtli i'acijic Ocean and l!cliriii^'\ Sra
(i)ill of lieaHli aeciini|)!\iiyiiiu:) ; also ei'rlilicat<' nl' Unilcil States' Consul of tlir di'iio.i!
of his clearance anil otluT |ia|iers nitii tlic Consnl at Victoria, ]{ritisli ('(dumliia.
Endorsed: C. 11. 11. \o. 03. T'nited States v. scliooner "Sylvia irandy.'
Evidence. Filed 22nd Septenilicr, l^'s7. 11. F. llavdon, Clerk, by' A. A. Movit
Deputy Clerk.
In tlie United States' District Court, Districf of Alaska.
!ii the Mtillcr of the Vnilrd Sliitrs V. Sriwnner " Sylvia Ihimhj."
No. 93. — Vlndhujs and I'otii'lunions nf Law.
This cause liarini? been tried and submitted, the Court, from the evidence, fin
the foUowini' tacts juid C()nc
1. Tliat
in th
e _'1H
L'hisions of law : —
1 day 111' Se|)teMilier, 1 sS7. and therctorore, the master anil cr
of till! dereiiilant's \essel wei'c eni,'aLreil in killini;, and did kill, fur-seals in tli.i'
])()rtion of lielniui;"s Sea cihIimI by iiussi.a to the United Stati's by Ihi- 'I'reaty nf Marili
lh(J7, and within the waters of Alaska, in violation of Section ID.'iCi of the lidviscd
Statutes of the I'niled States, and thai tln> promiscuous hhootinf^ of fur-beaiiiii;
animals in the waters adjaci'iit to tin' Islands of St. i'aitl luid St. (ieor^o, and in tliai
portion ol' Heinint;'s Sea east of thi' l!);lrd (le;,'ree oi' wchl lonuitude, has a tendency to
l'rii;iitei\ and jirevent said animals from i^oinu; ujjon those islands, as they hnv l)ivi,
accustomed to do in tiii^ past.
2. Tiiat on the said 2nd day of Se])tember, 1^S7, said vessel, her furniture, appaivl,
tackle, caruo, .and 1,()7'.' fur-seal skins wen^ seized in said waters by the counu.'indiii.'
oillcer of the
revenue marine service o
liiited Slates' ri'veniie-cuttiM' " iiear," then and there eni,nuied in (lit
f the ( niled Slates.
3. 'I'liat said commaiidiiiii' ollloer was diiiy comniissioned by tho rresident "I
till' I'nited States, ai\il made such seiziu'i- under tin- direetion ami by the autliorily ui
the 'J'reasury Depart iniMit of tiu' United Stales.
•t. That said pi'o]ierty so seizi'il was di'li\ered by said conuiiaudini,' ofUciT of saia
cutter to thi" United Stalls' .Marshal of the District of Alaska
the jui'i--ilietion ol' this Court
d is
now wiiniii
forfi
As conclusions of law Ihr Court linds ticii the jdaintiiV is entitled to a diri
citure .aLrauist said vessel
1,()7') fur-seal skins
1^S7
•kle, a[iparrl, furniture, earL;o, and tlic s;i
(Si-ned) LA J'WYFTTl' DAA\'SO\,
Dixtrici Jinliir,
Fmhu'scil. CD. 12. No. 03. In the United States' District Couil, Disiriii
of Alaska. United States r. schooner " Sylvia llamly." i'iiKlinf,'s and i'unclu'-ii)iis oi
law. Filed tlw 22nil September, l>*y7. H. F. llaydou, Clerk.
In the United States' District Court, District of Alaska.
United Slates v, Schooner " Syhia Ifnndi/," J. L, Curlhcut, L N. Handy, Jus. Ilnmhi,
und ]Viii. TItomciK.
No. Q^.— Decree.
Tho ^Farshal havinu: returmd on the monition issued to him in tho above ontitliil
action that, in obedience thereto, he had attached the said schooner "Sylvia llamly,
her tackle, apparel, boats, cargo, iuul furniture, and proctor for claimants, on helKill'l
Kilil;
Dirn
jini., l)r|
Ai
aiwst th
1. T
"iialile tl
|iroiiia'lv
■ 2. 't
Mlliicirni
• >,
ilin! tin.
I.
iiiicDnsiii
jurisdieli
dmiv., ,-1
ili'liiiili
I'li'arlv (I
•i'liM
'lismis.sr(
n ovi(lL>n('(>, finds
>ni(l owners, liavlm» wnivorl said owners' ri^ht, in publicatioii nnd postiiicf of llii^ notion
of the liliol and soi/.urc, ••iinl al-io time of licariii;:, and lias ijivcii diu; iioticf ti> all
|if'r.s(iiis <'hiimiiii; tlif saino ti> npyx-ar Ivfoir fliis (,'oiirl on tlic lOtli day of Sciiti-nihcr,
IS*'?, at :i o'j'lock I'.M,, at tin- District of Alaska, United States of Anieriea, flicii and
thereto interpose tlicir claims and make tln'ir alleu'alions in tlial lielialf. and .1. Ij-Cartli-
nil, till' captain of said vessid, liavini: iiereto tiled a elaini to all of said property in his
mill tl]i' lii'lialf of \j. X. Handy and .las. Handy, and Win. 'J'lioinas, of San i'raneisco,
( iilifni'nia, and no oilier piTsoiis liaviie.,' ap]icared, and no other elaiins lu' allenatiims
linviiiL' lieen made or tiled liy any other iierxjii or priMJUs, .-ind the usual profdamation
liiuiiiL' heen made, and said cause iiaviiii; hecn heard this day liy eon--('nt of parties on
till' ]ilca(liiii,'s and proofs, M. I). Hall, l>q., riiited States' District .Vttorney. hy
A. K. Delaney, ]•>((., couiiH't in that liehalf, appearing- as advijeate lor said liliidlant,
;inil AV. Clark, I'sip, as advix'atc for said (daiintmts, and s.iid cause havintf heen
Milimitted to lilt' ("oiirt for decision, and due dclilieration liein^ had in the premises,
.iinl the Court havini,' I'lh-d his findini,'s of fact anil coneliisioiis of l:i\v herein, it is now
lhi'rrii]ioii ordered, sentenced, and decreed as follows : —
1. That all ]m r^ons who^oi-vei' other than s:iid claimants iie. and they are lieivhy,
(li.'crred in eonttimacy and dei"ault
'1, 'riia' said sc||()i)ner "Sylvia llanily."' her tacdvle. ap|)arel, boats, and furniture,
anil her cari;o ni l.ti"'.' fur-se;d skins, hmw in the custody of .1, \\. dohnston, I'liitiMl
Slates' Conimissionir, a special agent of the J^-puty l.'nitel St:ites' Marshal at
Oiiiialtiska, siihject to the order of the C'ourl, and all ]iro|irrty found upon or
appuiti'iiant to said schooner be. and the stinic are hereby, condeiniu'd as forfeited
to the nse of the I'nii'ed States.
:>. That unless an a]ipeal In- taken against this Decree within the time limited and
prc^eiihed hy law and the Itiiles i,f the Court the usual writ of rmdilioni r.rjKiiui^ bo
i'Miid to the Mar-hal commandin'.' him to sell all the said property and brini^ the
I'lvirrds into 1hi>. (.'(lurt to In; distributed ai'cordin;,' to law.
Costs to he ta\e(|, anil an- a«ar<led a^'ainst said elaiinants.
iSi-ncdj LA FAYETTE DAWSOX,
Dijitrict Jiidije.
1.11(1 irsid : If. 1.",. N'o. O.'i. United St.ates r. schooner "Sylvia Handy."
Drenr. Filed the 2-iid .Sei)tcmljcr, I'-y^T. Jl. E. Haydon, Clu 'k, by 11. E. llaydon,
jiiii., i)e|iuty Clerk.
Ill the United Sates District Court for the District of Alaska.
United Sillies v. Amfiinin ScIiooiit " S'l/Zr/c llniuh/.''
No. !)3. — Million ill Arrest.
At (his time comes \V. (.'lark, j)roct<ir for claimants, and moves the Court to
arrest the decree of forfeiture in s.iiil cause for the following retisons, to wit :
1. That the libel of iiifcirmiition herein does not state facts sutlieient in law to
'iiiihli' the I'nited Stiites to have ;infl inaiiitaiii this action for the l'orl'eitiin> of the
|iriMicrty seized herein.
1'. That the evidence proiliiecd i>n part of the United Stall's in this cause is not
Millicii'iil iipiiu which to ha\(' a dcenr of forleiliire.
;>. That fnim the eNJilence pnidiieed on the ])art of the United States it appears
iliul this Court has im jurisdiclidii o\ei the subjecl-mattcr of this eau>-e.
1. Thai the Act of Conirress under ^^lli(dl the seizure herein was made is
micoiisliiutiijiial and ullni i ;/>.«■, in thai it purports to u;ive the United Slates
iiirisiliciion over a jiortion (jf the hi^'li seas more than o marine leai;ues from its
^iinii ^, and purports to establish an iiiteniational boundary-line in iniil-oceaii w itli no
'I'liiiiir icrininal jioinls and iiii|iossible to determine hy absolute measurement or
''li'Mi'ly il.'iiiie hy marks.
Tiierefori; eUiliuauts pray thai said decree may be for ever reste<l aiul liis cause
'lisiiiissed.
(.Siguod) VV. CLiillK, Proctor /or ClaiinauU.
|y.M E 2
98
Dndoreod : U. H. No. 03. United States v. scliooncr "Sylvia Handy."
Motion in anv.st. Filwl tlio :?rd Octobor, 1S87. II. E. llajdon, CliTk.^JV
A. A. Meyer, Deimty Clerk. AV. Clark, proetor for claimants.
In tlie I'nited States District Court lor the Distri(tt of .Alaska.
United States V. Amerirnn Schooner " Si/lvio llandij."
No. [)'S.— Petition for Leave to appeal.
And now comes AV. Claik, proctor for clainiant.s, and jirays tlic Court for loavc
to appeal this cans'; to the Supreme Court of th(> United States or such other Court
as may have appellate jurisdiction over the suhjeet-iuatter of tiiis cause.
(Si!,'ned) " AV. CLAllK, Proctor for Clnin
imants
Endorsed : il. No. 03. I.'}. United States r. schooner " Sylvia Handy."
Pe*ition for leave to appeal. Eilcd the Oth Ucccmber, 1887. 11. E. llaydon, Clerk.
"W. Cbi-k, proctor for claimants.
United States District Court, District of Alaska.
In the Mutter o/ the United States v. Schooner " Sylvia Handy." — No. 93.
Petition filed by W. Clark, Es([., proctor for claimants, for leave to appeal.
It is considered and ordered by tiie Court that leave be i^ranted.
■ (Signed) LA EAYETTE DAAVSON.
December 9, 1887. Diilricl Judge.
Endorsed : Petition to appeal. IG.
In the United States' District Court for the District of Alaska
United Slates v. Schooner " Sylvia Handy."
No. 93. — Motion for Stay of Proceedings.
And now comes W. Clark, j roetor for claimants, and moves the Court to i,'rant a
stay of proceedings lierein for three months from this date to enable claimants to lioml
tiie property seized herein if tliey desire to do .so.
Dated at Sitka this 3rd day of October, a.u. 1887.
(Signed) W. CLARK, Proctor for Claimants.
Endorsed: IL No. 93. 17. United States r. .schooner " Sylvia Handy." Motion
for stay of proceedings. Motion filed and overruled by Court the Oth December, 1887.
II. E. Haydon, Clerk. W. Clark, proctor for claimants.
In the United States' District Court, District of Alaska.
United Stales v. Schooner " Sylvia Handy" and L. N. Handy, J. Handy, J. L, Carthcut,
and W. Thomas.
No. 93. — Affidavit on Appeal.
United States, District of Alaska, ss. :
Personally appeared before mc the Undersigned, Clerk of the District Court lo
aua lor tht! District of Alaska, William S. .Morrisey, who, upon being first duly snorn,
upon his oath says he is the duly authorized agent for claimauts iu the above- entitlid
"or Clitimitnts.
89
caiisi' ; (Imt said claimants purposo appealing said cause to the Supremo Court of the
Ijiitcd States.
That tliey |)urpose prosecuting said appeal witli duo diliwiici' and without
imn<'<'c--sary delay ; that tlioy ai'c a])pealini,' said cause for the reason that they feel
tlicmsi'lves aifi^rieved and injured hy the decree of the IJistriet Coiirf rendered herein
liii till' --lid (lay (>'■' Septemher, A.n. \>>S7, at a special term of said (Jourt.
Tliat said a])peal is not taken for vexations delay or to hinder or diday the United
Sinlc< in ohtainini^ the jn'0( ds of the said decree of lorf(;itnre rendered herein, hut
that tlie law and the facts may he reviewed hy the said Snjierior C(nirt, and that this
ajipcal is made hv alliant for ami in hehalfof said claimants.
(Sigmd) \y. S. MtJiailSEY.
Siihserihed to and sworn hefore me this 13th day of February, 188S.
(Sii,'ned) 11. E. IIaydon, Clerk,
I' lilted atiilrs' Di.stricf Court.
(Seal.)
i:ii(h)rsed: H. No. 93. IS. United States u. schooner " Svlvia Handy." AfTularit
Ml appei.l. Filed the 13th February, 1888. II. E. llaydon. Clerk.
Tn the Ignited Stad's' District Court, District of Alaska.
The I'liiled Stales v. the Srlionnrr " Si/lrin Unnily," lier Cargo, ami L. N. Haiidij,
J. Handij, .lames L. CnrthntI, fVHIiuw Thomas, ami W. S. Morriseij, Agent ami
Attorm'ij-in-Fact,
J^o. 1)3. — Amended Petiliiin for Leave In appeal.
At this tiini? comes ^F. 1*. Herry, jjroetor, intervenin;; for and in huhaU' of the
owners of the ahovii-named vessel and car^'o, tlirou<,'h and hy authority of W. S. Morrisey,
i>(|., the (inly authorized atjent of the said owners, and prays the lionouraljle Court, by
virtue of the jiowers vested under se<'tion 3 of the ()ri;anie .Vet creatine: the District of
.Vla^ka. p.assed liy Conirress of the Cnited States, and ap])ro\ed hy the i'resident the
ITlii .May, l^S8t, that leave be i,'raiited to amend the .appeal heretofore allowed by this
t'iMiit (;it a special term liolden the ittli Deccmher, I'^^SJ) [ !- ] hi; Ljranted, said ownere
;fiiil aireiil, defendants, to ap])eal and carryforward their cause direct to the Supreme
Omit of the I'nited States of Anierica.
Tiiat the above-named vessid and c,arL;o, being of the appraised value of
1-.I173 (lol. 'lit ('., to wit, that the schooner " Sylvii. Handy " and cargo, was appraised
I'V duly ajipointed and sworr. .appraisers oC this CVnirt in the sum of t,3')() dollars, and
lliat the earijo, consist in;; of l,(i7y fur-seal skins [ r" ] in the sum of 8,323 dol. 25 c,
iiinkiiii,' a total of 1 2,(173 dol. 2.'> e.
The same liein^' a suflleient sum to carry an appeal to the said Supreme Court of
'lit' United States for review.
(Signed) M. 1'. BFllRY,
Proctor for W. .S. Morriseij, Agent for Owners.
indorsed: 11. Xo. 03. 19. Tn the United States' District Court, District of
Alaska. United States i'. schooner " Svlvia Ilandv." Amended jietition for leave to
■i|'iic!d. Filed the 13th February, 1888. II. E. llaydon, Clerk. JI. 1'. Berry,
proctor.
ill (he United States' T>istrict Court in and for the District of Alaska.
The United Slates, PlainUff, v. the Sriiooner '" Sylria llamlij '' and Cargo,
and Agent, Defendant.
No. '.)'.i.—}[otion for New Trial.
burners.
aiiilK
ilot (
Vl this time comes 'SI. V. JJerry, proctor, appearing for AMlliam S. Morrisey, dulv
iiizeil ai;-en( for the ai)o\t'-nanied dereiidants, and prays this honourable Court
ilel'i iidants he allowed a rehearing in their cause.
80
Tliiit a (lay cortaiii Ix^ named l)v the Court lor a now trial.
That tills motion is based iiiiim liio '.;niiiii(l that the Coiiijress of tlio IJnitcil
States, hr the ])assai;e ol" eerlaiii l,a«s wherehy we weii; siil)j(M't to arrest and ('(in-
fiseatioii. (lid mil oidy wroii^' lis in our )ier.s(iMs and u;o()ds. hut that Ixidy did excwd
their iiirisdietieii.
(Si-ned) M. I'. lil'.lMlY,
Proctor fur IT. S. Murrisfij, Aijint /ur Oinins,
Endorsed; IT \o. 0.'?. 20. Tn the liiitc-d States' District Court in and for tlic
District of Alaska. I'uileil States c.scliooiii'r " .Svlvia llaudv." Motion lor new trial.
Filed the 1 Itli February, is^s. ||. i:. ||:,yd(,u, i'lcrk. .M.'l'. Jierry, I'roctor.
In the L'uitcd Siates' ~>istrict Court in and fur the District, of Alaska.
Tlir i'liilft' ^Idlfs V. Srhodiirr '• Siilrid llnndij."
No. !);?. — Ml/lion for i^tay 'f I'roceidliiijs,
Comes u(n\ ]\r. 1'. licri'v, I'roctor, and moves the Court for stay of ]iroccedini,'s in
the above-eiitillcd cause ]icii(liny apjieal heretofore allowed to he taken by this
liouourable Court.
(Siiiiicd) .M. I'. IJEllHY,
Prorlnr for I)ifni(l(int'<' Aijenl.
Endorsed: IT. \o. !i:'.. 21. In the United Slates' District Court in and for tlio
District of Alaska. I'nited Stales c. schooner " Sylvia llaiuly." Motion for -lay (jf
prociM'dinj^'s. I'ilcd the I (th February, l^'^^. I'l. 11. llaydou, Clerk. .M. 1'. Hr'm,
I'roctor.
1'
In the TJnited States' District Court in and for the District of Alaska.
Unltf'd !<t(ih:i v. Schooner '' .S///r/'/ llaiuhj," — No. 'JH.
It is considered and ordered by tlii' Court that the motion for a now trial and a
stay of jiroccediu'^s herctofori; filed in this case he overruled.
Dated Frhrwiry 21, 1888.
Endorsal : 22.
In the I'nited States' District Court in and for the District of Alaska.
The United IStales v. ,Scliooiier " ."iylvia Jlmidy " and Ciirfjo, tff. ; and I,. N. Uniiilij
J. Hamli!, .1. L. Varthrnt, and WiUiani Thuinug.
No. '.KJ, — Verijicrition of CI
IK III.
Personally appeared before mi> in open Court, AVm. S. Morrisey, of Sitka, in tlii'
rict of Alaska, and soleuiulv swears that he is the lawful bailee for the owner- nl
District of Alaska, and sohanul
the above-named sch
svl\ia ilaiulv
and
cariro.
Tlial be is dtilv autlmri/eil liv said owners of ihc above-named vessel ami cariro to
enter into and tile sti])ulalii
ith sureties, for the payment
ill
Is and cxpi'ii
whi(di shall he awarded against them bv the decree nf this Court, or uj)ou ;ui a
iincnl
by the Appellate Court.
(Sii^ucd)
D(nie In open Court, this lOtli day of J''el)ruary, 188S.
W. S. MOliUlSEY,
(Sign.'d)
11. i:. llAVDOX, Clcrh:
(Seal.)
Endorswl: No. !)!$. 23. United States r. .schooner " Sylvia Handy." VcrilkM-
tiou of claim. Eiled the 20tli February, l8sy. JI. E. ILiydou, Clerk.
31
new triiil and a
/,. N. Iliiiiihl,
Til flio Fnitod Stfttps' Distripf Court in and for tlio ■Distr-Vt of Alnskft.
['mli'il S'atf^ V. t<choonfr " Si/lria llnnihj" and f'nr(/n, and L. iV. Hiiiidi/, James Carthcut,
J, N. Handij, and Willinm Thoman, Oiniers.
No. 9.T, — Apjicdl In the Siiprrmr Coiirl of llir I'nilrd Slates. In Adniiiultii,
Toiliii li()ii()uval)l(! Sui)n'nio ('ourt of tlio I'liilcd Statos ol" Aincri(!a.
Tlir apjii'Ml (if flic alifivr-nanipil apiicllants vcsppt'tivcly sliowcUi (liat, on or about
ilic l.'iili (Iny of Sc|)tcmlici', in tlic year I'^^T, tin" aliovc-namrd lihcllants, the United
St:itrx 111' America, exiiihitcd llii'ii' iiliel in tlie District Court of the Inited States for
tlic Disti'iet of Alaska against tlic appellants for tin- reasons set forlli in said liliel, that
tliisi> ap|iella.nts niitjlit l)e eondi'inned to pay tiie demands ol' said iilx Hants and costs
in s:ii(l liliel nicntione;!.
That process issued out of said Cfiuvt liaviim' lii^en served on these appellants,
till \ (lid, (in or ah(;ut the I'.lth day of Septcnd)er, in the year 1^S7, file their answer
til ^nid lihcl in the said District (.'ourt, prayiiii,' that the said lihel he dismissed with
tlii'ir costs in that hehall, as hy reference tn the said lihcd and the said answer may
ainre fully appear.
That the said cause eanie on to he heard hefore the llonourahle La JXvettc
DinvRon, .Indite of the said District Court, on or ahont the '2'2iu\ day of September,
in the year f^"^"?, upon the testimony and proofs adduced by the re>]iectiv(i parties;
mill llie said Jndire, ha\ iui^ advi'^ed thereon, did, on the 22ud day n{ September, in tlic
year 1*^*^7. make his decicc in said cause, whercdiy it was, anioMj,' other thinj^s,
ilcciceil that the libellanl'- in '•aid caus(> I'ccover a'j;ainsl these a|ipcllants a decree of
fiiil'i'iiin'c airainst said vessel, her tackle, apparel, iurniture, cariro, end 1,()7'J fur-seal
-kins, ns by ret'erence to the said decree ni.ay more fully ap|iear; and these appidlants
arc advised and insist that the said decree is erroneous, inasuMndi as tlic honourabh!
Cmnt, at such sittini,', did not deidare the law or constitution liy which such seizure
anil fiirt'eitnre ol' projierty was made.
Wherefore these ap|icll,ants appeal from the whole of said decree of said District
Cniirt III' the United States, and respectfully ])r;iy that the decree of the said District
Cdiut .and the bill, .answer. )de.adimrs. evidence, .and iiroeecdinu^ in the said cause may
111' sent to the Supreme (.'ourt of the United States without delay, and that the said
Siiiircinc Court will in'oceeil to he.ar the said (dnnsea new, and that the said decree of
till' DiNtrict Coui'l and every jiart thereof maybe reversed and a de(a'ce made dis-
niis'-iui;- said libel with costs, or such other decree as to the said Supreme Court shall
■ii'i'm just.
(si^'npd) :m. p. berry,
piilfd March 20, 1SS8. Solicitor foi- Apnellanh.
f.mlorsed; Copy. U. No. '.).'?. 2t. fn lh(> United Slates' District Court in .and
fur the District of Alaska. I'nited States r. S(diooner "Sylvia Handy." Aiijienl to
the Supreme Court of the United States. In .\dniinilty. filed the i'.\n\ ilaroh, l^SS,
IF. v.. Ilaydon, Ch'rk. M. 1*. ISerry, .sidicitur fur appi.dlanls.
Til the Uniled Stat(>s Dislrief Court in and for Ihe District of Alaska.
I'niled Slali's v. Schooner '• Sijiria llnndi/'' and Can/o.
No. 9.3. — Courl in Error, li riff of Proctor.
(Submitted without argument.)
Par. I. 'fhat the assumption of ownership by llussia of that portion of the Pacitie
'Icoan LTcncrally known as the lichrinii's Sea was a I'alhu'y, and the transfia' of the same
I" the I'nited States of America was a friuidnlent e.Kcrcise of such ownership and
-iipn maey, which did not exist at the certain time of the sale and transfer of Alaska
:"iil the Aleutian Islands to the said United States of America.
3?
I'nr, 11. Tlint Russia Imd no control over siu-li son or waters fmm tho year 1825
uiiHl tlio claim of owncrshij) when nc^'otiatinf; for tlio sale of the mainland of tlio
Continent of North America a!ul known and ri>(M)j;ni/ed as Alaska, and thrj chain of
islands bearitii^ (he name of Ah-utian, with other islands of the same i^roupand certain
islands within the liehrinij's Sea and the strait ojienini; and leadiiii; into the North
Arctic; Ocean — is()(; and 1S(!7; that the destniction of many American shi(is in (lie
said Hehrinir's Sea ami waters adjacent thereto h\ an unreroj^nized war-vessel as late as
istit and JSC).") met with no |irotesl from the Uussian authorities at that time Hithin
those seas (viz., the Kamsehatka or Behrintj's S(>as), ])ro|ierly the North l'aciti(! Ocean,
is indisimtabh.' proof that such seas were not consi(U'red neutral waters by the Kussian
Govcrnnieut.
I'ar. III. That the Consross of the United States exceeded its Constitutional jwwor
by the passa2;c of Laws to control waters of seas upon hypothetical lines drawn from
land's end, off soundings, through open ocean, and ending on a parallel of latitude
70 marine leagues from land; that .[«aws to (;ontrol the waters beyond tho 1 marine
league or 3 miles from the shore-line of each and every island, open reef of rocks, or
mainland is abortive.
Par. IV. That the enactment of Laws by the Legislative Power of the United States
that destroys a legitimate occupation, (me of the industries of the people, is a tyrannical
exercise of such power vested in that body by such jieoples, and is unconstitutional.
Par. V. That the Honourable the District .ludge, by the authority of the "Organie
Act providing a Civil flovernment for Alaska," passed and approved (he 17th ilny,
lR8t, being expn^ssly clothed with the exclusive jurisdiction to pronounce upon the
constitutionality of the l^tiw by such Organic Act, is in error by sustaining the constitu-
tionality of the law whereby the United States, as ])laintilV, became entitled to a
decree of forfeiture against these defendants, ajipcllants, and their property.
(Signed)
M. P. BEIUIY,
Proclor for U'. y. Morriney, Acjent for Owner.
Endorsed: C.II. 25. No. 03. In tins United States' District Court. District of
Alaska. United States i\ schooner " Sylvia Handy." Brief of proctor. Piled the 2'.id
March, 188«. H. E. Haydon, Clerk, il. P. Berry, Proctor.
In tho United States' District Court for the District of Alaska.
United States v. Schooner " Sylvia Handii," and L. N. Handy, ./. N. Handy,
J. L. Carlhcut, and IV. Thomas.
No. 93. — Order granting Appeal.
Upon hearing and filing petition of M. P. Berry, proctor, intervening tor and in
belialf of the owners of the above-named vessel and cargo through and by authority nf
W. S. Morriscy, Esq., tho duly authorized agent of tho said owners, ])raying for an
order allowing them to appeal this cause to the Supreme Court of the United States,
and upon hearing and tiling the aflidavit of ^^'. S. ^lorrisey. the duly authorizi'd ai,'ein
for claimants in the above-entitled cause, and 7io objection being raised on the ])adnf
the United States, and sufficient security having been given by said claimants that
they will prosecute said n])pcal to effect, and upon being fully advised in the pn^misos.
it is ordered that said jjetition be gi-anted and said claimants allowed to apjM'al this
cause.
Done at Sitka, Alaska, this 23rd day of March, 1888.
(Signed) LA FAYETTE DAWSON,
District Judge.
Endorsed : C. II. 20. No. 93. In the United States' District Court, District of
Alaska. United States f. schooner " Sylvia Ilandv." Order granting appeal. Filial
the 23rd March, 1888. II. E. Uaydon, Clerk.
a?
In tlio United Sfntos* Circuit Omrt in and for (lie District of Alaska.
United sidles v. Srhootifr " Si/lilu llaiirlii."
No. 93. — Consent that Vessel be disrliarged on Slipulntion.
Tlic scliooncr " Sylvia Handy," her small boats, tackle. «])](arcl, arms, ammunition,
furniture, and carj^o, consistinj^ of 1,(17!) fur-seal skins, liaviiii; been arrested on the
|iinrrss issued in this cause, we consent that on (ilini^ th(> usual stipulation entered
inti) iii'conlinij to the Hules of the Court to appear, abide, and perform the decree in
till' sum of 12,073 dol. 2') c, and on filini; a claim and on cfimplyin;; with the Rulers of
ilii' Cdurt as to the fees of the officers of Court the said schooner be discharged from
c'lbtiidv and arrest.
(Signed) WiriT. M. GRANT,
Dated Marrh 23, 1888. Proctor for Libellant.
Endorsed : 27. No. 93. In the United States' District Court, District of Alaska.
I'liiled States r. s(diooncr "Sylvia Ifandy." Consent that vessel and cargo be dis-
clwir^'id on stipulation. Filed the 23rd ^[arch, 1888. ][. E. llaydon, Clerk.
M. r. Hcrry, proctor for owners.
In tho United States' District Court in and for the District of Alaska.
The United .Elates v. S-' .oner " Sylrla Ilandij" and Canjo,
No. 03.— »/7/ of Exception.-:
He it remembered that on the trial of this ca\ise, the same lieing the 22nd day of
S(iilcinl)cr, 18S7, in the District Court of the United Stat(!s for the District of Alaska,
Imidiii at Sitka, in the aforesaid district, and at the November term thereof, tlu;
(idvcrnmcnt, to sustain the issue on its part, oll'ered tho following evidence to the
Court, viz. : —
I am .lohn C. ^fou.e, Third Lieutenant of the revenue-cutter " Rear," and I was
MR'li on the 2nd September last, I was present at the seizure of tho schooner
"SyivJM Jlandy" on the 2nd. We were in latitude i'll!'" 12' north, and longitude
KiCr "i]', 17 miles from Cape Cheerful. Captain ll<.'aly is Commander of the " Rear,"
II. M.S., II. S.N. I was boarding officer, sent by Captain llealy in comjjany with
.\ii'x. Wilson ; boarded the vessel and foi;nd she had forty-two seals on deck imskinned.
1 lepdrted the fact to Captnin Hi'aly, who ordered mo to seize the vessel. I n.'turned and
tulil tiie captain that I had orders to seize the ves.sel. He .said he would submit, but
oil protest. .Tames Carthcut wa.s in command of the vessel ; caj)tain did not state
liiiW long he bad been in Rehring's Sea, but said he thought he bad a perfect right to
si'.'iliiii; in the sea if he was 3 miles from shore.
This was in waters from the sea navigabh^ by ves.sels of 10 or more tons burden.
Tl:e schooner was tiiken to Ounalaska, the skins taken out and stored in tho
• iiiViTMinent warehouse.
liij Court, — There were 1,637 skins below and t2 on deck.
Cross-eramined hxj Mr. Clark.
The oTily authority you had for making the seizure were Captain llealy's orders ?
—Yes, Sir.
Ry Avhosc orders did you deliver those skins to Ounalaska? — Under Captain
llealy's ordcTs,
Who did you deliver them to ?— I did not deliver them myself, but have a receipt
f»r tlicni.
\yiio did?— The Captain.
Were you in command of the vessel ? — Yes, Sir.
Ill' ordered you to deliver the skins in Ounalaska ? — Yes, Sir.
iiiu say you were ordered to deliver the skins in Ounalaska? — Yes, Sir; I
iklivtrcd them to Captain Uealv, in Ounalaska.
[05] • r
34
You stated tlioso skins wore jilncfvl in tlio Government warcliouso ?^Yci, Sir; in
clinrirc ol' flip Tniti'd States' JIarslml.
Wlitit was his naim-'r — Isaai- Andorson.
llavo jou a receipt for tlie skins? — Yes, Sir, I liave not got it hero, but lean
got it.
Counsel lierc protluccs papei-s for identilleation. Witness iJcntilles tlionit
Ferlirert hij ^fr, T>rUiney,
Counsel statei tliat witness may eorreet anj- statement wliicli lie may have mmle
during eounsel's absence fur a few minutes.
AVitness states Johnson is Commissioner in Ounalaska, and tlie skins \vt>rc
delivered to the Commissioner, the United States' Murshai lieiui,' absent at tlii!
time.
Tn the trial of ilie sealer ea«es Ca))taiii Slie])|iar(l, commander of the rcveiino-
eutter '•Hush," cni,'a2<'(l in enii/.inu' iu the l!('hrinu''s Sea, testified that shonfinir ainl
the luefliod of takimr seals (nirsued by --aid seized vessels tciuh'd to drive fiieiii rruiii
their usual haunts and bre(>(lin^' and raisiiiu' ijrounds in JJehrinj^'s Sea, which evidence
was used and considered in the trial and decision of fills cause.
To Aviiich the defendants then and then* objected, tlici objection bein overrideil
and the evidenee admitted. The di fendants there and then cxeeiited to ruliui,' of
the Court, and tlie law, as declared by the Court, viz. : —
Tills cause baviuLr been trie<l and submitted, the Court, from ti evidence,
finds the followini,' facts and conclusions of law :
"1. Tiiat on tile 2nd day of September, 1S^7, and therelofore, the master ami
crew of the defemlant.s' vessel were en;;a','e(l in killiiii^, and did kill, fur-seals in llrii
portion of Mehrinir''- Sea ceded by llu-sia to the T'nited Stales by flu.' Treaty of .March
1807, and within liie waters of Ala-ka, in violation fif section I'loO of the lieviscd
Statutes of the United States, and tiiat tiie pioiniseuous shootiiii^ of fur-liea,"ini;
animals in the waters ailjacent to the Islands of St. I'aul and St. (Icorije, and in that
portion of Hchrin'j;'s Sea east of the lil.'ird deifree of west loni;itud(% has a tt'iidenc; to
frighten and prevent snid animals from i;oinLj \i]>()n tliose j-l,.iuls, as they have been
accustomed to do in tiie past.
"2. 'that on the said 2nd doy of Se))tember, IsS", said vessel, her furniture,
npi)arel, tackle, carL;o. and l,(')7l) fur-seiil skins were seized in said waters liy the
conunandinir ollicer of tlie United States' revenue cutter 'Hear,' then and tiierc
cugaji;e(l in tiie llevenne Marine S<'rviec of tlie United Stales.
" ;i. 'I'hat said comniandiiii; ollicer was duly Cv niinissioiied by tiie President of
the United Slates, and made such seizure under tlie direction and iiy the autiiorily of
the Treasury Dcpr tnunt of the United States.
" f. Tiiat .sai property so seized was delivered by said eommandint; ofllci'v of
niled States' Marshal of the District of jS'aska, and is now witiiin
lis Court.'
of law, l!ie Cinirt finds that tlie plaintiff is entitled to a decree of
id Vessel, Ih'i- l:ick!e, appai'el, furniture, cargo, and tiie said 1 ilT'J
said cutler to tlie
the jurisdiction tj
As conciu-ii
forfeiture against
fur-seal skins.
(Signed) LA FAYETTE DAAVSON,
District Jiiihji'
Endorsed: J>. No. [:?>. In the United States' District Court in and for tin'
District of Ala-ka. United Slates e. schooner " Sylvia Ilandv." Hill of Exceptions.
Filed 2:51(1 .March, lSs<. n. K. J|ayd(ni, Clerk.
In the I'nited States' District Court, District of Alaska.
United States v. Schooner " Sijlvia Handi/."
Xo. m.— StiptihiUnn.
It is l.ereby stipulated by and between W. if. Grant, United States' District
Attorney, acting fm- and ou belialt of the United States ; ami M. J' Berry, proctor tor
98
W. S. Morrispy, duly nnpolntod and constitulcMl a'^'riit fm- flu- ownor-, lli.'il {h^
[dlldwiii'^' sIkiII 1h' omittnl frcmi the Iraiiscript In rriiiito !iniir\i'(l, uaincly : —
All llic cxhiliits relV'rrt'd to in tiic tcstinidiiy ol'.i. < '. Mdor.'.
(.Sit'iicd) ■Will'!''. .M. (JIIA.NT, r„!liil Sliile.i' Di.sfiln
.llliii ii'ih
Aijrnt Jur (Jini'i.'-.
IjidniNrd : 2'.). No. 'X). in tlic IJnilcd Slalrs' D'liict ('(.ml in iiiul lor tlio
Di^tiicl of Alaska. I'niti'd Stads r. schooner " Svlvia Jlandy." Siipulatioii. J'ilcd
tiic 2;ird Marcli, ISSS. J|. i;. llaydon, Clerk.
In tbo United States' District Court in and loi ijic l)i>trict i.l' Alaska.
In the Matter of the United Sliilin V. !<rhooinr " Sylein llainh/.'' — No. 'j;i.
Now fonies M. 1'. Herry, ]iroel(ir for elaiiiinnt, and movos the Coiiif for leavo
to lile sli])ii!ation for the aiipraised ■ aine of |lie sehooner " iSylvia ifan<ly," her tackle,
;i|)|>;n'ei, sinull Ijouls, arms, nni.iiunition, and car^o, consistinsj of \,<i'H fiir-soal
skins.
i'l"in cxnniiiintion ul' the slipnl.'itions it is ordered liy the; Conrt (hat thi> same ho
;i|i|ir i\i'd, iMid whereujioii the Courf issued llie I'ollovvinL: order, to wit :
Tlie .sti]nilali of the claimants hei'eiu with sulileieut sin-ety havinir he mi tiled
1111(1 .'i|i]iroved, it i- ordere(l that IIk* aljove-nanieil vessid and all her tackle, a]>|iarid,
luniiinre, arms, amniunition, and carLro, consistiiiLf ol' 1,(17^ fur-seal skins, rec( ived in
this jual hy the I'niied Slates' .Marshal for the District of Alaska, lie reh'ased, .•ind that
the same ho delivered to William .S. Morriscy, l';sij., Attorney-in-fact for the tdaimants
lien ill.
(Signed) LA r.VYLTTE DAAVSOX,
March 23, 1888. ' District Judijt,
Kndorsed : 3U. Journal entry.
In the United Slates' District Court, District of Alaska.
In Ihr Matter of thr United Stales V. Schooiitr " Syliia y/«/u/i/."— No. !)3.
Conies now !M. 1'. l$crry, imiefor for clainiai\ts in thi^ ahove-entitled cause, and
li.'iys that the amended |ietilion for leave to ai)|)cal and the alUdavit ou ajipeal hereto-
torc filed he considered hy th > C<; .rl.
Mnrcli 2.3, lb88.
luidursed : .31. Journal entry.
in the United States' District Court in and for the District of Alaska.
Unitrd States V. Schooner " SijUia Handy."
No. O;}. — Slipulation /or Costs ijiveii hy Cldiiiiaiils on Appeal
A\'l,ereas a lihel was tiled in this Court in the within cause on tlu; l.jthdayof
'^'■|'''i"l"i',A.i). IS'-T, hy M. I), liall, ("niled Stales' Attorney for the District of Alaska,
■K'W^A lli(! s( hodiier " S_\ h ia Handy," her I lekle, ajiparel, funiiluro, anil caru'o, for the
iinsdiis and eausijs set forth and meniioned in said lihel of information, aiul jirayint!;
lluil the siunc may he condeinned and s,i;d;
Aiul whereas a decree ot forfeiture was, on the 22nd day of Septemher, 1S87,
Midticd aL'ain.st the s.'iid vessel, her tackle, uppand, furniture, and carf^o, and against
L. N. llanilv, J. L. Daudv, Jamos L. (Jsu-theut, of San J''raneisco, California, iuter-
['.)5] ■ F 2
36
voning as the sole and only claimants to said vessel, tackle, apparel, furniture, and
cargo ;
And wJiorcMs the said L. X. Handy, J. L. Handy, and J. L. Cartlicut, claimants
as aforesaid, are desirous of and ])ur|)ose a])i)ealiiig fi'oni tin- said Decree of this
Honourable Court to the Su))r('nu! Court of tho United States:
Now, therefore, we, the undersitjned stipul'itors, submittini,' ourselves to the juris-
diction of this Court, do acknowledtjo ourselves to he bound unto the United States nf
America, the said L. N. ITandy, J. L. Handy, and James L. Caithcut, as principals,
and W. S. Jlorrisey and David Wallace, as sureties, jointly and severally, in the sum
of 300 dollars lawful money of the United States, conditioned that if the claimants
above named shall pay all costs and expenses which shall be awarded against them
by the final decree of the Supreme Court of the United States, then this stipulation to
be void; otherwise to remain in full force and effect.
Witness our hands this 23rd day of March, 1888.
(Signed) W. J. MORRISEY.
DAVID WALLACE.
United States, District of Alaska, ss. :
Personally appeared before mc, H. E. Haydoii, Clerk of the United States' District
Court for the District of Alaska, 'W. S. Morrisey, and David Wallace, who, being duly
sworn, each for himself deposes and says that lie is a resident and householder in said
district, and that he is worth the sum set forth in the foregoing stijjulation above In's
just debts and liabilities and propertv (jxempt from execution.
(Signed) W. S. MORRISEY.
DAVID WALLACE.
Sworn to and subscribed the 23rd day of March, 1888.
(Signed) H. E, Haydon, Clerk,
United States' District Court,
(Seal United States' District
Court, Alaska.)
Ivndorsed: No. 1):^'. 32. In the United States' District Court in and for the
District of Alaska. United States j;. schooner " Sylvia Handy." Uond for costs iin
a])peal to the Su])reine Court oftlie United States. Filed andapiiroved the 23rd March,
\Sb8. II. E. Haydon, Clerk.
In the United States' District Court in and for the District of Alaska.
I, Henry E. Haydon, Clerk of the District Court of the United States in and tor
the District of Alaska, do hereby certify that the foregoing copies of jdeadings, ])a|)i>rs,
and journal entries in the cause of the United States v. the schooner " Sylvia Handy"
and L. N. Handy and Co. have been by me compared with the originals thereof as the
same appear on tile and of record in this Court, and that the same are full and tnio
transcripts of said original pleadings, papers, and joumal entries now in my custody
and control.
In testimony whereof I have lu'reunto set my hand and atHxed the seal of the said
Court, at Sitka, in said district, this 2nd dav of April, 1888.
(Signed) HENRY E. HAYDON, Clerk.
(Seal United States' District
Court, Alaska.)
■Endorsed on cover : Alaska D. C. U. S. No. 08'?. The schooner " Sylvia Uaiidy,"
her tackle, apparel, &c.; L. N. Handy, ,fam(>s Cartiieut, .1. X. Handy, and William
Thomas, owners, appellants, v. the United States. Eilcd the HJth .lutu-, 1888.
No. 18.
Hir J. Pauncefote to the Marquin of Salisbui'!/, — (livceived December 27.)
My Lord, IViishiiiijton, Drcvmbcr It), 1*^(10.
IN the lust paingraiiii of your J.oii'siiip's despatch ol the 2'Jn(l October I «n^
instructed to read that des|ratch to the Secretary of State, it he should revert to the subject
37
iraiture, anil
of 'lis note to nic of the 19th July, hut your Lonlsliip added tiiat you did not consider the
controversy which it raised of suflicient importance to require any connnunication on my
part unless Mr. Blaine should refer specially to it.
Altliou£;h he lias not done so, I ohscrved that the suhject was advcrled to in an
article in the " New York ']'rii)une," |>urp(irlini; to j;ive some information as to the further
correspondence on the lJelirint;'s Sea (|uesti()n, wiiieli, as announced in the President's
Mc»s;ii;c, will shortly he presented to Coni:re~s.
Ill these circumstances, I thouu;iit it (lesiral)lc to communicate a copy of yo'ir Lordship's
(lespiitch to the Secretary of State, in order that it miLiht he included in the further
correspondence about to he puhli^iicd, and I called on Mr. lilaine on the 11th instant
and placed a cojiy of the des|)atch in his hands, explaining that I did so in consequence of
ilic article which had ajipearcd in the " New York Tribune."
I iiave, kc.
(Sij^ncd) JULIAN PAUNCEFOTE.
s(-al of the saiil
No. 19,
Sir J. Pauncefote to the Marquis of Salisbury. — {Rcceired December 30.)
Washinijto)!, Docemher IP, 1890.
Iierewith a printed cony of a note which I received
My I.ord,
1 HAVE the honour to transmit
on the 17tli instant from the Sccreiaiy of State.
It contains the leply of the United States' fiovernment to your Lordship's despatch
ot the 2nd August last, offcrinc; on behalf of Her Majesty's Government to submit to
iirhitration the question of the legality of Ilie rocent seizures of British sealing-vessels in
the Bcliring's Sea by United States' rin'enuc crui/.ers.
The voluminous character ol' this nite precludes any attempt to give even a brief
abstract of its contents within the litnits of a despatch.
Its main feaUirc, howevii', is that while the United States' Government decline to
Hiliinit to arbitration the real (picstion in controversy, namely, the legality of the seizures
of British vessels in the Bchring's Sea outside of territorial waters, they express their
williiiLTiKss to submit to arbitration certain bislorieal and political (juestions which, in my
liuiiililc opinion, would raise false issues, however pertinent they may he as supplying
iimterials tor ari:unu;it in sipport of the Am';rican contention. For, even if all those
ijucstioiis were decided in favour i,l the llnitcd States, it would not follow that the seizures
were justilied, or that the claim of I'le United States to the control of any part of the
I'chriiiLj's Sea outside of territorial waters could he supported by international law.
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
Ineliisuie in \o. 19.
Mr. liliilne to Sir J. Pauncefote.
>ir, l',parliiiejil of State, iVashinfitnn, Dnrmlirr 17, 1800.
V( )ril note of the 12lh Aiit;usl, wliic!i I aeknowleilired on the 1st Septeniher, inclosed
a cnpy ol a de^pateli from the .Manjuis ol' Salisbury, dated the lind August, in re[)ly to my
note of Ihe JiOih Jnnc.
The eoiisideratioM advanced by his Lordship have received the careful attention of the
I'lcsident, and I am instriicied to insist upon the correctness and validity of the position
ttliich has been earnestly advocated by the Government of the United States in defence
ol American rights in the Behring's Sea.
Le'.:al and dqdomatie questions, apparently complicated, are often found, after pro-
lunged discussion, to depend on the settlement of a single point. S'.ich, in the jud','ment
of tile President, is the position in wliieh the United States and (Jreat Uritain find thein-
K'lves in the pending controversy touching tiie true construction of the Kiisso-.Ameriean and
\iii;lii- Russian Treaties of 1H-2-) and 1825. Great Britain coiiiouds I hat the phrase " Paciiic
Ocean." as used in the Treaties, was intended to include, and does include, the body of
«ater which is now known as the Behring's Sea. 'I'lie United States contends that the
Hiliniig's Sea was not mentioned, or even referred to. in either Treity, and was in no sense
iiicKidcd in the jihrase " Pacific Ocean.'' If (ireat Biilaiii can laintam her position that the
IVhriiig's Sea at Ihe lime of the Tre.ilie- with M.iissiaof |SJ4 and 1^2."i was iiKlmied in the
I'acitie Ocean, the Governmeiit ol l!;e United Slates has no well-grounded coinpl.iiiil,
ii:'ain>; her. If, (m the other hand, this (iuvermiieiit e..n \noyi- beyond all doubt that the
litliriiiij's Sva, at the date of the Treaties, was undcrsluud by the lluec Signatory Powers to
38
be a separate body of water, and was not included in the plirase " Pacific Ocean," then the
Ameiici\ii rase ncainst (Jicat liiitain in complete and undeniable.
The (li>p;ite prominently involves the nu'aniii!^ of the ])lir.i.i->. "north-west coast," or
"north-west coast of America." L'lid Sal! bury assumes that the " north-west co;ist''
lins but one mcaniiiL', and that it includes the whole coast stretching northward to tlu;
I?ehrin?;'s Straits. The contention of this Ciovernment is that by loni; prescription tlie
"north-west coast" means the coa-tof the Paeitie Ocean, south of the Alaskan I'eniiisuhi,
or so'ith of the GOtli parallel of noilh lalitudo; or, to d<'line it siill uunv aeeuratciv, the
coast, from the nortl'.ern border of the Spanish possession-:, ceded to the United States in
1819, to the point where the Spanish claims met the claims of Russia, vi/., from -42" to
00° north hititude. The Russian authorities for a lon^; time assumed that .OiP .'50' was the
exact point of latitude, but suhsefpient adjustments fixed it at 00"". 'I'he phrase "north-
west coast," or '• north-west coast of Atnerica," has been well known and widely recoj.^nizcd
iri [lopular usage in iMifjIand and Americ.i from the date of the first trading to that coast,
about 1 i8i.* So absolute has been this [jrescription that the distinguished historian
Hubert Howe i5ancroit has written an aeeuiate historv of the north-we.^t coat, which at
(iilferent times, during a ])erio 1 of seventy-live year:-, was the scene ol important contests
between at least lour (Jreat Powers. 'J'o render the nnderstaii'ling explicit, Mr, Hancroft
has illuatrated the north-west coast by a carelidly prepared .Map. 'J'lie Map will be foiinil to
inchule precisely the area whicli has been steadily maintained by this (iovernutent in the
jieiiding direnssion. (For ^lap, see opposite l>nge.)
The phrase " north-west coast of America " has not infrtcpiently been used simply as
the synonym i.'( the "north-west coast,'' but it iias also been used in another sense as
inchuling the Ameiiean coast of the Russian possessions us far northward as the Straits of
Behrim:. Confusion has sometimes ari-en in the use of the piiraso " north-west coast of
.■\meiiea,'M)ut the true ineninnu- tan always be determined by reference to the context.
The Treaty betuctn the United iv't'ites and Russia was conehuled on the I7tli .April,
1S:'24, and that hetueen Griat Ihitain and Russia was conehuled on th .■ JlStli I'Vbruary, [&lj.
The full and aecurate text of both 'I'realies will he found in hu ' nure (A). The Treaty
between tlu; United Statics and Russia is fir.^t in the order of time, iiut 1 shall consider both
Treaties together. I (juote the first ;\rti(des of each Treaty, for, to all intents and purposes,
they are identical in meaning, though dilfering somewhat in phrase.
The Jst Article in the American Treaty if as follows : —
"Article I. It is agrfcd tli.l, in any ])art of the Great Ocean, conmionly called the
Pacific Oncan or the South Sea, the respective eilizcns or subjects of the High Contracting
Powers whall he neither disturbed nr.r restrained, either in navigation or in fishing, or in
the power of resorting to the coasts, n|)on points which may not already have been
()ccn|)!ed, for the purpose of trading with the natives, saving always the restrictions and
conditions determined by the following Articles."
'J"he 1st Article in the liritisli Treaty is as follows : — ■
" Article I. It is agreed that the respective siilijeets of the High Contracting Parties
shall not be troubled or molested, in any part of the ocean, commonlv called the Pacific
Ocean, cither in navigating the same, in tisliing therein, or in landing at such parts of the
coast as shall not have been already oecunicd, in order to trade with the natives, under
the restrictions specified in the following Articles."
Lord Salisbury contends that —
" Tlic Rtissiiiti diivrrnmoit liiid no Idea of any ttislincl'ion lirtwvcn Tichriuij's Sea and the
Pailjic Oreiiii, irliirli bitter llirj/ considrird iix rvarhimj aoulhward from lielirinifs- Strcilx.
Nor throughout the whole of the suksecjuent correspondence is there any reference what-
ever on cither side to any distinctive nane' for Ihliring's Sen, nv any intiiuation thai it
could be considered otherwise than as forming an integral part of the Pacific Ocean."
The Government of the United States cordially ngiees with Lord Salisbury's slate-
nieiit that throughijiit the whole correspondence coiniected with the Cormatioii m the
Treaties there was no lefeidice whatevu' by eili;e' .side to any distinctive nam for
Hebriiig's Sei', and lor the very sim[ile reappii which 1 have alreuly indicated, that the
negotiation had no relereiico whatever to the Hehring's Sen, but was entirely confined tea
• 1 lij mine (Icsigiialion ilii.nined in Ciin.i". An culy n« 1803, in a Mip pulilishi'.l by tlic (iio(,'rii|iliic
Instiluii' :a Wriiiuir, the coast froiii Columbia Hiver (49 ) 'v> Capo I'limbcili (CO') is itosiiihiitcil 113 tlio"iVW
Weil Kiule"
j
Jj-
80
"stilp of land'' on the noitli-uest coast ai'.d the waters of tlio Pacific Ocean adjacent
thereto. For future reference 1 call special attention to the phrase "strip of land,"
1 venture to remind Lord Salisbury of tiie fact that I'eliring's Sen was, at tiie time
icfiru il to, the recognized name in some quarters, and so ajjiiearcd on nianv autiientic
Maps several years hefore the Trcalics were neijotiated. But, as I mentioned in my no(e of
liiu .'Utili June, the same Rca had been j)resented as n body of viater sej)arate from the
I'ucitic Ocean f(.r a loni: period jirior to 1825. Many names had been ap|)iied to it, hut
the (iiie most fix(|uently used and must widely rv''CO>>nized was the Sea oi' Kamschatka.
Kiii;Ii'-h state smen of the period when the Treaties were negotiated had complete know-
K(li.'e of nil tlir Ideographical |)oints involved. Tiiey knew that on (he Alap published in
IT""! to illustrate the voyages of the most eminent English navigator of the eii;hteenth
ceiitiirv ilie " Seu of Kamschatka '' appeared in absolute coiitradistietion to the '' (ireat,
Soiiili Sea " or the Pacific Ocean. And the Map, as shown by the words on its margin,
«ii> "prepared by Lieutenant Ilenrv l<(jberts under the iinniediate inspection of Captain
Cook."
Twenty years before faptnin Cook's .Ma[) appeared, the "London Mnga/ine" contained
a Map (in which the Sea of Kam-eliatk.i was conspicuously engraved. At a still earlier
{late— even as far back as ]7''2 — (ivo>def, .Surveyor of the Russian expedition of .SJipc-takolF
ill 17;ll) (who, even before I'dirintr, siiilited the land r;f the American continent), published
the >ea as bearing the name of Kamschatka. JNluller, who was Historian and Geographer
of th? second expedition of Belning in 1741, designated it as the Seu of Kamschatka in
his .Map published in IT'Jl.
I inclose a list of a lar^e proportion of the most authentic .Maps published during the
ninely years jirior to 1">25 inOrcat Britain, in the United States, the .Xellierlands, Fiance,
.^|)aiii, (icrmany, and Russia — in all 10.5 .Maps — on cvi-nj nv.i' nf irhich the body of water
now known as Behring's Sea was plainly distinunished bv a name separate from (he Pacilie
Ocean. On the great majority it is named the Sea of Kamschatka, a few use the name of
lleliriiig, while several other desigi.ations are used, 'i he whole number, aggietrat'ng, as
they did, the opinion of a large part of the civilized woild, distinguished the sea, no matter
uiulii' what name, as altogether separate from the Pacific Orean. (Sec Inclosurc B.)
Is it possible, that with this great cloud of witnesses before the eyes of Mr. Adams
ami Mr. (;c(n'ge ( auning, attestimr the existence of the Sea of Kamschatka, they would
simply include it in the ])lirnse " Pacific Ocean," and make no allusicm whatever to it as a
^cpaiatc sta, when it was known by almost every educated man in Kuropc and America to
have been so dc.^iunated nuinbeiltss times? Is it jiossible tli.it Mr. Canidng and
Mr. Adams, both educated in the common law, cdidd believe that they were ac(piiriug
hr the Initcd States mid (ireat Britain the enormous rights inherent in the Sea of
Kams-ciiatka without the slii/htest rctcrence to that sea, or without any description of its
metes and bounrls, when neither ot them would have paid (or a village house lot unless the
deed liir it should recite every fact and feature ncccs'-ary for the identification of the lot
iisiiiist any other piece of ground on the smiace of the plobe ? When we contemplate the
iiiimile |i:irticularitv, tiie tedious verbiage, the duplications ami the red :plicatioiis
emplnyed to secure unmi>l.ikablc plainness in framing 'i'reatics, it is impossible to eoPici'ive'
that a fact ot this great mai;nitude could have been omitted I'rom tl'.e instructions written
liy Mr, Adams and Mr. ('•. Caniiiii:r as Secietaries for foreign A flairs in their nspeclive
uniiitries- impossible (hat such a fact could have escaped the U'lticc of .Mr. Middleton iuid
CiMiiit .\(sselrode, of Mr. .'^tratlord C'ainiing and .M. Poletiea, who were the negotiators of
lh( two Treaties. It is impossible that, in the Anglo-Hussiau Tieatv, C'oMit JSessehode,
Mr. .Stiatfoid Caninng, aiid .M. I'oletiea could have taken sixteen lines to recite the titles
awl honours thcv had receive I from their respective Sovereigns, and not even sviLgc.-t the
inarliou ol one line, or even word, to secure so valuable a grant to England as the Itdl
Ircedoiii ot' the Behring's Sea.
There is another argument of great weight against the assumption of Lord Salisbury
tliat the phrase "Pacilie Ocean," as used in the ht Article of both the American and
l'rili«li Treaties, w;is intended to include the wateis of the Behring'.s Sen, It is true that,
ly llic Treaties with the United States anel (ireat Britain, liussia practically withdrew the
"I'eralioa of the Ukase of IS'Jl (iom tin
ite'rs of the norlli-west co.ist on the P.ieific
"ee;in ; but the proof is concUisive that it wa- left in lull (ore eivcr the vaters of the
l'^liiin;;'s Sea. I.e.rd Salisbury cannot have ascertained the value ed' the Behring's Sea to
Hussia when he assumed that, in the I'ri'aties of 18'.il and ISi^fi, the lm|)crial (ie)vermncnt
li'i*), liy mere inclusion in another jdiruse', with apparent e;ar'.'lessness, thrown open all the
resources and nil tiie wenltli of those waters lo the citizens of the United States and to the
subjects of (!reat ]?i'itnin.
Lord S;ilisbiiry Ikip, perhaps, not thought it worth while to make any examination of
the money value of Alaska and the waters of the Mehrinii's Sea at the time the Treaties
were nesiotiatcd and in the sneceedina; years. The first period of the llussian- American
Company's operations had closed before the Ukase of 1812 1 was issued. Its affiiirs were
kept secret lor a Ion;; linic, but are now aceunitely known. The money advanced lor the
capital stock of the Company at its openini,' in 17!)!) amounted lo 1,L'3^*,7'1() roubles. The
!i;ross sales of fiu's and skins by the Companv at Kodiidx and Canton from that date up to
1820 amounted to 20,0.."4,G!)''< roubles. The net ])rofit was T.liS.O.OOO roubles for the
twenty-one years — over 020 per cent, for the whole period, or nearly 30 per cent, per
annum.
Reviewing these facts, liancroft, in liis " Ilistoi y of Alaska," a standard work of
exhaustive research, says : — •
'■■ We find this powerful monopoly firmly established in tlic favour of the Imperial
Government, many Nobles of liigb rank and several members of the Royal Family bcins;
anionir the shareholders."
And yet Lord Salisbury evidently Ruppo=cs that a large amount of wealth was care-
lessly thrown away by the Royal Family, the Nobles, the courtiers, the capitalists, and the
speculators of St. I'ctersbunrh in a ])hrase which meriied the Hehring's Sea in the Pacitic
Ocean. T!)at it was not thrown away is shown by the transactions of the Company for
the next twenty years.
The second period of tiie Russian-American Company bei;an in 1821 and ended in
1841. Within that time the gross revenues of the Company exceeded 61 ,000,000 ronbles.
Resides paying all expenses and all taxes, the Company largely increased the original
capital, and divided 8,,^)00,000 roubles among the shareholders. 'I'hese dividends and the
increase of the stock showed a prolit on the original ca|)ital of 55 per cent, per annum lor
the wholt! twenty years — a great increase over the first (leriod. It must not be forgotten
that, during sixteen of these twenty years of constiintly i .creasing profits, the Treaties
which, according to J.,ord Salisbury, gave to Great fJritain and the United States equal
rights with llussia in the Hidu'iiig's Sea, were in full force.
'J'he proceedings which took place when the second period of the Russian Anitrican
Company was at an end aie thus described in Bancroft's " History of Alaska": —
" ' In the variety and extent of its o|)erations,' declaie the inendicrs of the
Imperial Council, ' no other Company can comi)arc with it. In addition to a comnicrciiil
and iu(lu>trial monopoly, the Government has invested it with a portion of its own powers
in governing the vast and distiint territory over which it now holds control. A change in
this system would now be of doubtful benefit. To open our ports to all hunters promi.f
cuoiisli/ rrould be a (lenlli-hloir lo the fur trade, while the Governnicnt, having translcrrcd to
the Company the control of the Colonies, could not now resume it without great expense
and trouble, and would have to create new financial resources for such a purpose.'"
The Imperial Council, it will be seen, did not hesitate to call the llussian-Americin
Company a monopolij, which it could not have been if Lord Salisbury's construction of the
Treaty was correct. Nor did the Council feel any doubt that to ojieu the ports of the
Behring's Sea " to all hunters promiscuously would be a death-blow to the fur trade."
Bancroft says further : —
..." This opinion of the Imperial Council, together with a Charter defining the
privileges and duties of the Company, was delivered to the Czar, and received his signature
on the 11th October, 1814. Tlic new Charter did not difler in its main features from
that of 1821, though the boundary was, of course, changed in accordance with the luiglish
and American Treaties. None of the Comjiany's rights were curtailed, and the addiiioii;il
privileges were granted of trading with certain ports in China and of 8hip|)ing tea direct
from C;hina to St. I'etersburgh."
'i'he RuBsinn-American Company was thus chartered for a third period of twenty
yearn, and at the end of the time it was found that the gross receij)ts amounted to
75,770,000 roubles, a minor pun of it from the tea trade. The expenses of ndministiation
were very large. 'J'he shnreholders received dividends to the amount of 10,210,000 roubles
— ebout 90(> JUT cent, for the whole |)criod, or 4.5 per cent, per annum on the original
capital. At the time th; third period closed, in 18G2, the Russian Government saw an
41
itcs and to the
ndard work of
opportunity to sell Alaska, v.nd refused to continue the Charter of the Company. Agents
(if tlif I'liid-'d St;)ies hiid iniliali.'d nugotiritions for llic tiansfer ufAl.i.skM iis early as 1859.
"" " ■' :;, jinu'licajly, however, to exercise its iiioii()|)(dy until l^^G"; when
'I'lip (.'oiiipany '.•oiilinuei;, jinicucaiiy, n( .
Alaska was sold !?y I'ussia to the United States. The enonnoiis prorits of the Russian
AiM'iican C'oiujjany in the fur trade of the JJchrinj^'s Sea continued under the Russian flag
lor hiore than foity years after the 'i'reaties of 1821 and 182"( had heen concluded. And
yt't Lord f^'alishury contends that durini; this loiij; iieiiod of exceptional profits from the
I'lir Hade Creaf l?rilain and li.e I'nitcd States had as |;ood a right as Russia to take part
in these hi^lily lucrative ventuiv.-.
American and Mii^iisli ships in goodly niiinliers duriiiLf this whole period annually
viv! i! and traded on the nortii-west coast on the Pacific Ocean. And yet, of all these
vcshLs oI the United States anil CJreat 15ritai;i, not one ever sought to distiu'h the fur
fis;:i lies (i! the Helning's f!ea or along its coasts, either (jf thi> ecntinent or of the islands.
.S(/ tar as known, it is helieved that neither American nor Enidish ships ever attempted to
Uiki' one fur-sial at the Prihyloil' Islands or in the open wateis of the Behring's Sea during
!li;^t period. The lOO-mile limit was for the preservation ol all tlicRe fur animals, and tills
iiiiii; v.a-; oijserved for that purpose hy all the maritime nations that sent vessels to the
Behiing waters.
Can any one helieve it to he possible tl.at the maritime, adventurous, gain-loving
people of the I'nited States and of Great liritaiii could have had .such an inviting field
n|irn to them forty Ntais and yet not one ship of either nation enter the Rehring's Sea
to ci)i:ipete with the Kussian-Aiiieriean Company for the inordinate profits which had
llov.id so steadilv and for so long a period into their treasury from the fui trade r The
fici that the ship;, of hoth nations refrained, during that long period, from taking a single
fur-seal inside the shore- of that sea is a [iresuniptioii of liieir lack of right and their
recognized disahilify so strong tliat, independently of all other arguments, it requires the
liiii-i authentit; and coiivinciiiijc evidence to rehut it. 'J'liat Knglish ships did not enter the
Bering's Sea to take part in the catching id' s(;als is not all that can he said. Her
;ii'i|uiv-cence in luissia's power over the seal tisheries was so complete 'hut during the
liiily \ears ol iiussia's supremacy in the liiiiring's Sea (.that followed the Treaties of
l>^"J-i-:ir)) it is not helieved that (jreat Rritain even inadi' a protest, verhal or written,
iigaiiist what IJancrotl deserihes as the " Russian monopoly."
A certain degree of confusion and disorganization in tiie form of the government that
liiiil xi.-ted in Alaska was the inevitahle accoin])aiiiment of the transfer of sovereignty to
t!,e I'nited States. The Aineiican title was not made complete until the money, specified
a.s the price in the Treaty, had heen appri)|ni.ited hy Congress and paid to the Russian
iJiiiister hy the Executive D.partnient of the (Government ol' the United States. This
w;i> ell'ected in the k;tler lialf of the year i8iJ8. Tlie acquired sovereignty of Alaska
luriied with it hy i'realy "all ihe rights, franchises, and privileges" wliich had helouged
to Ru.-,-ia. .\ little more than a year afier the ae()uisitioii, the United States transferred
cuitain rights to the Alaska Commercial Com|)any over the seal fisheries of liehring's Sea
le.: a p;.Tiod ol twenty years, uussia had given tlie same rights (besides rights of still
l;;-ir scope) tu the Rusbian-Ameriean Company for three periods of twenty years each,
wiiliout a protest iroin tiie Dritish tjovernnienl, without a single interference from British
-i:i|is. For ihcbC leasuns this Government again insists that Great Britain and the United
•'luto ucognized, respected, and obeyed the authority of Russia in the He ii ring's Sea; and
'iM It i'ur II. ore than loity years af'tiT the 'i'lealies with Russia were negotiated. It still
iv:,:;mis for Engl.ind to exjilain v.hy she [lersistcntly violates tiie same rights when truns-
leiiLU to tiie ownership of the United States.
The llnd Article of the Aineriean Treaty is as follows : —
"Article 11. With a view of preventing the rights of navigation and of fishing cxer-
visiil upon the Great Ocean hy the citizens and subjects of the lliudi Contracting Powers
lidin becoming the pretext for an illicit trade, it is agreed that the citizens of the United
Sti'.ic's shall not resort to any |)oint where there is a Russian establishment, without the
pirnbsion of the Governor or Commander: and that, reei|)roeally, the subjects of
iuisMa .-liall not resort, without permission, to any establishment of the United States
'.i|iiiii the north-west coast."
I lie llnd .Article of the British Treaty is as follows: —
" Article 11. In order to prevent the right of luivigaliun a:ul lishing, exercised
upon the oceae by the subjects of the High Contracting Parties, from becoming the
[O^-J G
42
pretext lor an illicit commcicc. it is aurocd tliat llie suljjects of ills liritannic Maji'stv
sliail nut hiiul at anv plaoi' whirc tlun^ nmy lie a Russian cstalilisliini'iit, witlinut
till' in'riiii.-siciM ol' tlic (Jnv. I'lUM' ()i' ('ouinianilaiit ; and, on the other lianl.tlic Kussi;ii)
snlijwts shall not hiiiil. witlionl jiirinission, at any llriiish istnblisliinent on the
noith-wt'st coast.'
Jn the llnd Arlicics ot' the Treaties it is rccoiyiiizcd tliat both the United
States and Great ISritain have estahlislunents on the " north-west coast," aiui, as
neither eonnirv ever elaiined any teriitory north ol tiie (i(itli jiarallel of iatitiKJc,
wc ii(cts>aiily have the niea.iini,' of the north-west coast si:;niHeanlly di'finci' in oxacl
accordance ^vitl\ the American contention.
An ari;nine!it, aUo^clJier iiistorieal in its eliavactcr. is .li'jrreat and, I think, conclusive
force fondling this (niestion. It wili lie nnicinhcrcd that the Tre.ity of the 20tli OctoliiT,
1818, between the United Stales and (ircat I'iritain, conipri.-cd a variety of topics, anu.'iii;
others, in Article III, thi' following;': —
" It is ajireed that any country that may be ciainicd by either party :iii the north-west
coast ol' .\incriea, westward nf tlie Slouv Mountains, shall, lotccthcr ■vitli its harlionrs. h iy«,
and creeks, and the navii;alion of all rivers within tlu^ same, be free and open, for the term
ot ten years troni the date of the signature of the present {Convention, to the vessels, citizens,
and sid>jects of tlie two I'owers ; it buiuLt mulerstood that this .Vgrccnient is not to be eun-
strued to the prejudice of any claim which either of the two High Contractinu' I'artics niav
have to any part of the said country, nor >hall it be taken to all'ect the claims of any
other Powtr or State to .uiy f.art (<!' the said coinitry, the only object of tin; Higii
Contracting Parties, in that respect, being to (jrevent disputes and <iiilerenees aiiionyst
themselves."
Wiiilc this Article placed upon a connnori iiasis for ten years the rights of (ireat
Britain and America on the north-west coast, it made no adjustment of the claims of Russia
on the north, or of Spain on tiie south, which arc referred to in tiie Article as "any utiier
Power or State." Russia had claimed tlowii to latitude :'):f under the Ukase of I7!t9.
Spain bad claimed indilinitely norihward from the 'iL'nd pai'allel of latitude. Hut
all the Spanish claims had been traiisleircd to the United Slates by the Treaty of IslS),
and Russia bad been so (piict until the Ukase ol' 1.^21 that no contlict was I'earcil.
But after that Ukase a settlement, either |ierniancnt or temporary, was imperatively
demimded.
The |)roposition made by Mr. Adams which I now quote shows, 1 think, beyon
1(1 all
the I'aeilic Oceai;. 1
inistcr
^ " I I - ^ ■'-• — ' ■* - 1 ' ' ' -■-_...
doubt, that the dispute was wholly toui'hiug the north-west coast tin the I'aeilic <)ce<
make the following (|notation trom .Mr. Adams' instruction to .\lr. .Middleton, our M
at St. Petersburgh', on the 22nd .hily, l.-s^.'i :—
" 15y the Treaty of the 22n(l February, l.Slli, with Spain, the United States acipiircd
all the rights of Spain north of latitude 42°; and by the lllr.l Arti<'le of the Convention
between the United States and (Jrcal Britain of the'liOth O.l.iber, 1M8, it was agreed that
any coinitry that might he elainu'd by eithei p-irty on the north-west coast nf America,
'vestward i/l the Stony .Mountains, slu.idcl. together with its harbi}urs. bays, and creeks,
aiui the navigation ot .all livci's within the same, ne free aiul open, lor the term ol ten years
from that dat<', to the vessels, citizens, and subjects of tl'c two Powers, without prt judice
to the clainis of cither party or of any other State.
" Ynu aif (i)illtiirlzcil Id projiosi' iin Ailirif nf llir .••nine import for a term ol
hii i/ears frnin Ike siijnntiire of a Joint Conccntioii tietirmi the United filute-f, Great
liritiilii, iinil RiisKiii,"
Instructions i)f the sa;iit! pui]iint were sent l)v tin; s,-iine mail to Mr. Rush, our .Minister
at London, in order that the propo.-ilion should be completely understood by each ol tlit
three Powers. The; conlident presumiititju was I bat this pi'oposition would, as a tcmporaiT
scltlemcnt, be acceptable !o all parties. I5ul licfore there was time I'oi' lull eonsideratieii "I
the |iropositioi:, cither by Russia or (Jreat liritain. President .Moni'oe, in Dcccmbci' l>L''i,
jjiDclainii'd his fanioiis docirine ol e\eludini;' futun^ liuiopian Colonics from this contiaciit.
Its ellcct on all JMn-opcan nations htjldini.; unsettled or disputed claims to territory uasto
create a desire lor prompt settlement so thai eaeii Power could be assured of its own, with-
out the trouble or cost of further defending it. Great liritain was already entangled with
the United States on the southern side of her claims on the noitb-west coast. Ihut
Agreement she must adhere to, bui she was wholly unwilling;; to jiostpone a dclinitc lunlci-
standing with Russia as to the northern limit of her clainis on the north-west const. Hiice
a |)i'iinnii( t:t. Trcnty wns desired, niul in hotli Trcfitirs tlu' " f('n-vo:ir" fenturcwn^ recognized
—ill liie \'lllli Article ol the Urilisli 'I'reaty and in llie IVlli Artielr of tlie .Aiiieiienn
Tri.ily. Hilt neillier in llie eorrc^siKHidi'iiei' nor in liie |ic'i>oiml eont'ei-ences tlwit liioiiLilit
ahiml llu' A'.'r.'eiiienI wa-; IIumv a -iiiiile liiiil ilint tJie ^cttlciiicnt was tn include any'liin::
il-r \sliatever lljan the nurlii-wesl t'd.iM on tlic I'ar.'irn.' (Jcian, south ol' the (Juth luiiallul of
jiDitli laliliide.
Frrlnimteiy, however, it is not, necessary lor the I'liited States to rely on this
viiffj.'i.'.-'tive (lelinitioii of the nodh-west coast, or ii]>'M1 tiie hi>tor!cal fael-i above ixivcn. It
is iMsv to prove from other soLnce> that in the 'Treatv hetween the llnited States and
coneliisive ■ jtibsii tlic coast referred to was that wiiiidi 1 have di'lined us the " nortii-uest coast" on
till' I'licitie Or'can south of 00" north latitude, or, as the Unssiaiis foi' a lon^' time tielievcd
il. .')!)" .'{()'. We liave in tiic Dep utiiieiil of State the 'ai^'iiia^ of the I'rotoeols hetween
our Minister at St. reter.-i)ur),di, Mr. lieiwv Mi 'dleton, and ("oiml N'e-.selrode, of Russia,
wild iiei;iitiated tiie Treaty ol ]x.l\, I i|uote, as T liavi' ipioted in my note of the
"iHh .lune, a .Menioi'anduin suhniilted to Count N'e-sehode liy Mr. '''liddleton as part of
ti.f 111; I'Mtocol : —
" Now, it is clear, accordini; to the facts estahlisiied, that iieilher llnssia nor
;iiiv iithir Kuro])ean Power has IIk^ rii;ht of dominion iii)on the i oiitincnt of .\merica
liciwicii the oUtli and 'iOlii (iei,'rees ol' nortii ialitiide.
••Still less has she llie (loniinion ol' the adjacent maritime territory, or of the
Kii which washes these coasts, a dominion which is only aeeesscn^y to llie territorial
i!(iiiiiiiion.
"'riiercfore, she has not the riiiht o( exchir.ioii or of adinis.-ion on these coasts, nor in
these seas, wiiich are free seas.
" The riiiht of navi>>;atniL; all the free seas hclonirs, by natural law, to every independent
iiutiini, and even constitutes an essential piirt of this independence.
'• The United Slates have exercised navigitiou in the seas, and commerce u|)un
till' coasts ahove mentioned, trom the time of -lieir independence ; and they have a
|i.iio(t liulit to this navi-.ition and to this coinnierce, -.md they can only he deprived ol it
i'v their own act or hv a ('onvcnti<ni."
.Ml. .Middletoi) declares that Russia had not th" right of dominion " iijinn the
Cniiilnonf of Atiirririi liplweni the uOlh aii'l Wlh iteijrres of north liilitiidi-." Still less has
^lie the dominion of •'the adjacent aiaritnne territory or the .<m irhivh wash'--: these coaisls."
Ill' linthor deelnies that Russia had not the " rinht of exchis.ion or ot admission on
ilii'sr ciia-ts, nor in these seas, irhlrh ii re free sea.f " — that is, tlic coast and seas hetween the
.'iDlli anil (loth deirrcc^s of north latitude nil the hitih/ of the eouliitenl.
The followins? reniiirk of Mr. .Middleton deserves special attention: —
•'The ri^dit ol' navii^ating all the free seas- l)cloiigs, hy natural law, tr, every
iiidi'lKiidcnt nation, and even constitutes an essential ])art of this independence."
'this earnest protest hy Mr. .Middleton, it •.'■ill he noti ,i. wns atrainst tlu^ Ukase
'It All \ander whicli |iro])osc(l to <'\tcn(l l{us<ian >over( ii;nty over the I\'ieitic Ocean
:.- I;ii' south as the ")lst de;;ree of latitude, at which point, as .Mr. Adams reminded
tlir Ku^si,■ln Minister, that ocean is 1,001) miles wide. It is also to he specially noted that
.Mr. .Midilleton's (huihle reference to " the free sens'" would have no mcaninu: whatever if
he. did not recoi.;nizc that freedom on certain seas had hccn restricted, lie could not have
'isnl I he phrase if lie had regarik'd all seas in that rejiion ;is " tn^e seas."
In answer to my former reference to these ficts (in my note of the 30tli .lune)
l.unl Salisbury makes this plea : — •
•' .Mr. Iilaine states that when Mr. .Middleton declared that Russia had no rii;lit
lit p\clusion on the coasts of America hetrtccn the 50th and fiOtii dei^rees of nortli
hilitiidc, nor in the seas which washed those coasts, he intended to make a distiction
lii'twccn jichriny's Sea and tiie I'acilic Ocean. Rut on rcli'reiiee to a .Maj) it will he seen
lliiit tlu; UOth dciirce of north latitude strike.-, strainht across Hehrin^'s Sea, leaving; by far
'111' liir^'cr and more iinporlant part ol' it to the south ; so that i confess it appears to me
lliiit 1)V no conceivable construction of his words can Mr. Middleton he supposed to have
ixrcplcd that sea from those v, liich he declared to be I'ree."
llhis Lordship had examined his .Map somewhat more closely, he woiihl iiave found
iiiv -talcmciit literally correct. When Mr. Middleton referred to -'the Continent of
44
AiTiprica between the 50th and GOth (Icprci's ol nortii latitiuie," it was iinpossil)le tlwt he
coiilrl liav(< rcli'ired to tlie coast of Helivinii's Sea, lor tlio very simple leasnii t!i:i(
till! .50tli (lemte' ol liilitiuii' is nitoiiillu'i' south ol' the 15i'liiinj;'s Sea 'I'lie lint llr.it
the (')Oth paiallel "strikes slraJL'ht aernss the Hehriiii,''s Sen" has no more pei-liiicure
to this {liMiissioii than if his l,i(i(l>liip had ieiiiarl<cd that the s.itiie par.diel passes tjui u^li
tiie Sea of OUhoisk, whieli lies to the west of !iehriii|,''s Sea. just as the arm of tlic; North
Pncitie lies to the east of it. Mr. Midilletou was denying,' Rtissia's doinitiioii ii|ii!,
a continuous line of const upon the eontineiit hetweeii two spi eitied points iiiid ovr,'
the wateis washiiii,' that coast. Tlxic is such a eoiitiiioiis line of coast hetween ih.'
50th and (iOtii decrees on the Pacific Ocean ; hut theie is no sudi line oi coast on tlit
Hehi'ing's Sea, ct-en if you nieasiiic from the soiitlierninost island of the .■Meutinii chain.
In n word, the nrLruiiient of Lord Salisbury on this point is based \ipon a g ■o;;rai)'iirai
impossibility. (See illustrative Map on opposite ])aL;e.)
lint, if there could be anv doubt Icl't as to what coa t and to what waters
Mr. Middleton referred, an analvsiii of the last jiaragraph • f the -Ith Protocol will dis|iii
that doubt. When Mr. Middleton declared tiial " /Ac I'liitid SUilrs luirv txirriwd
navlijdtiiiii in thr si'tis, and r'niniiorrc upon llir roni^l\- iilmvr virnlinnid, fif'hi the lime of llirir
indepinflrnrr," he makes the same drelanitioii that had been previously tiiaikj iiy
Mr. Adams. That ik-elavalion could only red r to tiie north-west coast as 1 have (k -cribe .
it, or as Mr. Middleton phrases it, "the ('ontininl ot' America between tho 50tli iind ilDtl;
dep;rces of iiortii latitude."
Even his Lordship would not dis|)ute the fact that it was upon tiiis coast and in 'Ii
waters wasliinc; it that the United States and (ireat IJrilaiu had exercised live iiavi^apuii
and commerce continuously since 1784. Ry no iiossihiiity could that iiavi:,'ati(»ii .mk!
commerce have been in the Helninij's Sea. .Mr. Middleton, a close student of historv , .iinl
experienced in <liploiiincy, cadd not laive (kdand that the United Statis had " exeici.-cil
navigation " in the nehriiiLr's Sea, and "commerce upon its coasts," /"/v///i llw lltur ot Ihnr
iiulfjirnilnicr. An a matter of histiirv, Ibci'e was no 'rade and no naviu'ation (except tii!'
aavii^ation of cxjilori'i's) bv the United States and (ire;it Britain in the Behriiii^'s Sta ii;
1784, or even at the time these Treaties were negotiated. Captain Cook's vnyau'c of
exploration and discovery throufrji the waters of that sea was comjilctcd at the elosv if
the year 17"!^, and his " \'oyai;e to the I'aeitie Oe( an " wiis not published in London iniii
five yeans after his death, which oceurrid ai the Sandwich Islands on the Htli KebiiKiry,
1779. The Pribylofl' Islands were first discovered, one in 17^0 and the other in 17-7.
Seals were taken there for a few years altci'wards by the Lebedef Coni|)any of riiis-iii,
.subsei|uently consolidated into the Russinn-.\niiricau ('ompany ; but the takinu: of se:\ls
on those islands was then discontinued by the Russians until IS().'5, when it was resiiuie;!
by the Russian-American Company.
At the time these Treatii's were iKgotiated there was onlv ime Settlement, and tlia' f.f
Russians, on the shores of the i'ehrinz's Si'a. and the only tradiii;; vessels which iuil
entered that sea were the vessels of ihe Russian l'"ur (."om|)aMy. J'jxploring expeditions hid,
of course, entered. It is evident, therefore, without further statement, that neithei die
vessels of the United States nor of Creat liritain nor of any other i'ower than Russia had
traded on the shores of licluinu's Sea jirior to the iie!,'oiiations of these 'JVe.ities. Xa
more convincing proof could be adduced t.luit these Treaties li.id reference solely to tin-
waters and coasts of the contincn*. south oi' the Alaskan I'eninsuki — simply the " I'acilic
Ocean" and the "north-west coast" named in the Treaties.
The llird Article of the British Treaty, as printed in the Uritish State Papers, i- .r.
follows : —
"The line of demarcation between the posses.sions of the lli^di Contraetini; I'.uliis
upon the coast of the continent and the isl.ands of Amerieu to the nortb-wtst sliall he
drawn in the manner followitiir: —
"Commencing from the southernmost point of the inland called Prince of W'.iies
Island, which point lies in the parallel of ;V1° tO' north latitude, and between the l.'ilst i.nd
the 13;?rd decree of west lon^:itude (meridian of Greenwich), the said line sliall ascend to he
north along the channel called Portland Channel, as far as the ])oint of the continent wiiLie
it strikes the .'JGtli degree of north latitude; from tiiis lasl-aientioiied point the line ut
demarcation shall lollow the summit of the mount, dns situated parallel to the coast, as lar
as the ])oint of intcrsi ct On of the 141st degree of west ioimitude (of tiie sami' meridian);
and, liiiidly, from the said point ol' intersection the said ni.ridi;Mi line of the Idist de'.ncV)
in its ]iroloiigation as far as tlie J''ro/,en Ocean, shall !ol',-.i t'ne liir.it hetweea the Rii->':i-:
and the British possessions on the Continent of America to the norlli-west."
lossihic that he
Ic U'lisnii tlmt
'I'lie tiut ih-.it
lOVC perliiu'iirc
passes liiri:iijli
11 of tilt! Nortt:
loiniiiidii ii;ni..
iiiiits niid o\T.
-t l)cl\V(jiii ill''
i< const on llu
Ak'iitiaii cliaiii.
;i c nmap'i'u'al
I) wliiit waters.
Locol will (iisiH'i
havf enrrisi'il
'he lime of lluir
iiisly iiiadL' i'V
i have (li..-criln: .
J oOth iiiul tint':
oast nntl in ili'
tree niivi;^a!'i)ii
iiaviiiiitiiiii Mill
t of history,. url
liiul " exercised
llir litiio of Ihi'ir
tion (except ih:
l^el'.riiii^'s !Sta ii,
loU's vnyau'e "f
,il the elo-. if
in London i;iilii
Hth FeljniarV;
' other in 17-7,
paliy ol' I'lUs-ia,
c tnkinir ot seaU
1 it was rcsuuR';!
iicilt, and flia' (.'
■ssels wiiieli i ai
cxjieditions li.id,
that ncilhei liic
'.Iran Uussia laid
io Treaties. No
nee solelv to the
ply the •' Pacitic
Itatc Papers, is i
rth-wcst shall be
Prince of Wdc^
K-ii the l.'UstiaKi
diall ascend to lie
e continent wl.re
point the liiK' ol
o the coast, as lar
■ same meridian) ;
tile 141sl de;:icv;.
.veeii the Rii--!:!'-
st."
SFrT'ON 0' « "Kikri" (HAkT 01 iHf WORIB
^fTTTX! TTRTmrs II ' r-FTTTTT jA-Ei 'n rtn.uaij^rn ■^-rj? ErlrTr-ETTr^HErrr
V,
JZ)
Xr-i^r'^
T V>
-^ ;„v
>^
♦
I
— (
f ... •''
^
y^
..-•^
--^'f
■A
J.V"
C^-
«-fi.
.V
..._./
V
'Si
-
A
w J » i-L
■■V ■ ' f
0' K -Vkry f»^^<' .ii t-f «;iKi:!, ! nvr sini, nu ttiHrfisi. \k
1^ •
■1
*7 •"■*-- V»'-^.-.v«-*'
V
II
^^;
Ij ;< <- (1 « I
■I
A
r
A
i"u.
•^\ ^
(VJI
' ^
k^i^
/r
^ft'Nt. SfA
i
-^
.M^'-
i^^r -i— -
ji •
";»"«
:^i-.EL-iLtaaa3r^^^n.rxja33JLijd_EaJ3ie:E^i:i3:EL4^^
t ■-■ fiFi.-M-ti y- !-i
It will be oil
Americ.i mirl tiic
to tlic northeiT \v
IneriNiclus that
west loiij^itudL'. i
directly Dortliwar
rifcrciice to \m\
coiiiitiy'), Init sill
What iiioi'e
line itself r _ It c
to liip Uussian ii(
"Here is ill
to tlu' (iOth (les;r(
oiii-i -10'. Fi'oii
we will a^^i'ec U)
As to the body o
loiii;itii(le, we lui
110 Settlc'.nents
with your (jover
tion ol'thc 141st
ii'rntury shall be
And it was
Article IV c
" With rcfci
■jnderstdod :
"1. Tluit tl
'• -2. 'I'hat w
to the coast, Iroir
(Icsrce of west In
frail the ocean, (
k'ldiig to Hiissia
of the coast, an
fnmi.'"
The evident
along the line i
Article III. It])
never be more tl
The Vth Ai
" It is, iiior
Piirtics within th
other. (Ajnseqr
coast iir ii|ion 'h
sessions, as desi
luciit shall bo fu
The ..,; ■ i
the limits assii^u
quently, the I II
mitiitions hetwe
williin the limits
■Ihe Vlth I
" it is uiuli
Ihey may arrive,
enjoy Ihe right
ami streams wl
dt'inareatioii ujj
ventioii."
The iiieaiiii
aniviiii; from tli
aulin" frcelv all
45
If will be ohsc'i'vcd thaf this Ai'ticle ox|ilic:itly delimits tliu houiKiiiry ix'tw. en Bi'ifisli
A'liciic.i .■md tlic Russian possessions. 'I'iiis deliiiiiliitioii is in tniiuilf deUii! (Voni ,')4° -40'
loil.v northerr tcrininn'^ (if tlic cdiisI known iis the '.mi tli-we>t (O.i^t. ^^ iea (lie litiuiula y-
Ino re.'iclii's tiiat point (ojiposite (Vf north !;ititiidc) ■.vliere it intei'>t'cts llie 1-ilst d>'i:ix'e of
west lonf,'itude. all ))aitieuliirily ol' descriplion ceases. From that p(,;iil it is projieted
dirccily noi'tiiwanl lor (iOO or 701) iniie.i uiihoiit any rcrereiic:! fo coa^t-hnc, without any
reference to points of chscovcry or oc('iij)ati()ii (for there were lioin' in that interior
country), hut simply on a lonu:itii(linal line as tiir nortli as the Frozen or .\retic Ocean.
What more stril<ini; inter|)n"tation of tiie Treaty could tiiere he than this hound. .ly-
line ifself'r It could not he clearer if the !iriti-.h iiei^oti;itors had been recorded as saying
to liic Unssian nciiolialors : —
"jlcrc is tlu^ north-west coast to which we have dispi:': 1 vonr claims — from the .'ilst
to the (JOth dei:;ree of north latitude. W'o will not, in any r.'vont, admi^ your rij:!it south
nfji" 40'. From 54^ -10' fo the point ofjunction with the ! ilst degri^' of v.cst lon^'ilndc
we will agree to your possession of the coast. That will cover the (iis[)utc hctw(,vii us.
.As to the body of the continent above the point of i:;t;Tseetioii, at the Hist degree of
longitude, we know notliinL% nor do yon. It is a vast uneNplored wihleriuss. We have
11(1 Settlements theic, and you have none. We have, flu lelbre, no conliictint; interests
with your Government. The simplest division of that teriKory is to accept tiie proloni^a-
tiijfi of the 14lsl (lei;ree of lon;;itU(le to the Arctic Ocean as the boundary. East ol it th.e
■iTiitory shall be British. \V(st of it the territory .--hall be Ivussian,"
And it was so filially siV.tled.
Ailiele IV ('f'tiie Aiiy;l{i-ilussian Treaty is as follows: —
" With reference to the line of demarcation laid down in the proeedini; .Article it is
;:iulprstood :
" 1. That the i^lund called I'rinee ul' Wales Island shall belong wdiolly to Russia.
"2. That wherever the summit of the !!!ountain~ which extend in a direction parallel
to the coast, Iroin the .'lOli dei;ree of north latitude to the ]ioint of intersection of the Mist
ilcijrce of west lnn;:itudc, sliall ])rove to he at the distance of more than 10 marine leafrues
Iran the ocean, the limit bctwc. ti the Hritish possessions and the line of coast which is to
lii-'ldiig to Russia, as above mentioned, shall he formed by ' a line parallel to tlic windin'j;s
of the coast, and which shall never exceed the distance of 10 marine leagues there-
Ihini.' "
The evident desij^n of this Article was to make ccrtam and detinile the honndarv-liiie
aloni; flu' line of r;i;ist, should there bn nny doubt I'.s to that line as laid down in
.\rti(;ht III. It provided that tlie bi)undai_. -iine, tbllowiri-jf the windings of the coast, should
never he more than 10 marine leaiiues tb elVotn.
The Vth Article of the Treaty between Great Britain and Russia reads thus: —
" It is, moreover, a;.rroed that no cstahlisbineat shall be formed by eitiier of the iwo
P..rtics within the limits assigned by the tuo |)recedinii' .Vrticles to the [)()sse^sions of the
otiicr. Consetpienlly, British subjects shiili not form any cstahlishnient either upon the
const or upon 'he border of the continent comprised within the limits of the Rus.-ian pos-
sessions, as desii:nated in the two pri'cedin;,' Articles; and, in like manner, no establish-
ment shall be formed by Russian subjects beyond the said limits."
The ..; neanim; ol'tbis .\rtiele is that neither Party shall make Setth nients within
liie hunts assii;iie(' by ti e Illid and l\'th Articles to tlie possession of the other. Conse-
iiuciitly, the Jilrd lir.d IVth Articles are of supreme importance as makiiii: the actual deli-
niilitions between the two countries, and forbiddiuii; each to form any e»tablislunent8
ivillun the limits of the other.
1 he Vlth Article of itussiaV Treaty with Great iiritain 's as follow^; : —
" It is understood that the subjects of His Britannic .Majesty, from uluitover (piaiter
llicy may arrive, whethei' from the ocean or from the inlericr of the contiiunl, sliall :or ever
ciijiiy till! riijhi of navii,'alin:,' freely, and without any hindrance wdiatcvcr, all the rivers
iuiil streams which, in their eomse towanl the I'aeilic Ocean, may cioss the line of
iiiMMiirealioii upyn the line of euasl de^cribcd in Article III of the piescut Con-
vcntii)n."
flu' nieanini; oi tliis .'• iliele is not obtcme. Tiie subjects of Great Biilam, whether
''iiiviiig from the interior cf the eo'itiaent or I'rom the ocean, shall enjoy t'l. ri.;ht i f na- i-
stitmg lieely all llie rivers mid streams which, in their eo iirso to the I'ucilic 'cc.in, ;..7/// cuiti
*!
le
ihr line of demnrratinn upon tlir llnf of const descrihnl in Arlirlr III. As is pliiiiily iippan m,
llic poMst rt'tenrt'ci to in Afti('lc 111 is tiif const soutli iiC tiu! ptiiut ol' juuclioii iilio;ii!v
tlc'snilicd. Notliinu' is clciiror tliiiii tlu' reason Cor this provision. A slrl/i of lund, at \ii
]ii;iiit wider tiinu 10 inariiK' leagues, ninnini;' aionij the Faeilic Ocean iVoin C)-\° 40' v< t)if
(.'!2t) miles hy iieoLrraphical line, by the windings of the coast three times that distunci'), iv;is
assi::ned to Knssia ])y the II lid Article. Directly to the east of this strip of huul — or, ri>
mifrlit be said, hciiind it — lay the lirilisii possessions. To siiut out the inhal)itants oi Ihi;
liritish ]iossessions from the sea l)y {hiAstri/iof hind, would have been not only tnneasoiiablc,
but intolerable to (Jreat l?ritain. Knssia promjitly conceded the privilege, and ^ivu to
Great Uritain the lifjht of naviLratin;; ail riveis crossinj^ that strip of land from 'il''' 40' Ui
the point of intersection with the 11 Isl decree ol lonudtude. Without ihis concession the
Treaty could not. have been made. 1 do not understand that Lord Salisbury dissents ivn-.n
this obvious construction of the V'lth .\rticle, for in liis despatch he says that the Article
bas a " restricted hearins?," and refers only to " the line of const descnhed in Aiticle 111 "
(the italics arc his o'vn), and the only line of cocist described in .Articl.; HI is the .,;i*'
from .'jI'' 40' to G0\ 'i'here is no description ot the coast above that point stretching ■-.: ■
the Hchrin^'s Sea from latitude 00^ to the .Stiails of Hehrin^.
The VI 1th Article of the Anglo-Kussian Treaty, whose provisions have led to i,:c
principal contention between the United States and (jreat Britain, is as follows : —
" It is also luiderstood that for the space of ten years from the sii^natme of tht
present Convention the vessels of t'le two Powers, or those belonging,' t(, their respi-tlivo
subjects, shall mutually he at liberty to freiinent, without any hindrance whatever, ali the
inland seas, the gulfs, havens, and creeks on the coast mentioned in Article 111, for the
purposes of fishing and of trading with the natives."
In the judginciit of the President the meaning of this .Article is altogether pliiia and
clear. It ])rovides that for the space of ten years the vessids of the two Powers should
mutuulbj be nt liberty to frecpierit all the inland seas, &c., "on the roast invittiitnd
in Article UI. for the purpose tf fixhincj <ind tradinij irith the natives." Following out the
lino of my argument and the hmguage of the Article, I have aheady ntaintained tli.ittlii?
privilege could oidy refer to the coast from .')4" 40' to the point of intersection with (lie
Hist degree of west longitude; that, therefore, British subjects were not granted llie
right of fre(|uenting the liebring's Sea.
Denying this construction, Lord Salisbury says : —
" I must further dissent from Mr. Blaine's interpretation of Article VIl of tiie liilicr
Treaty (i^ritish). That Artii le gives to the vessels of the two Powers ' liberty to (re(|!ii:ii;
all the inland seas, gulls, havens, and crc^cks on the coast mentioned in Article III, lorilu
purpose of fishing and of trading witli the natives.' The expression ' coast mentioarii iii
Article III' can only refer to the first words of the Article, 'the line of deniareip ii
between the possessions of the High Contracting Parties upon the coast of the coniiiui,;
and the islands of America to the north-west shall he drawn,' &e., that is to say, it
included all the possessions of the two Powers on the north-west coast of America. For
there woidd have been no sense whatever in stipulatinsr that Kussian vessels should liuve
freedom ol' access to tin sinsdl portion of coast wdiich, by a later part of the Article, is to
belong to lUissia. .And. as hearing on this j.'oint, it will he noticed thai Article VI, hIirIi
has a moie restricted biaiing, speaks only of 'the subjects of His Britaiuiic .Majesty' iiiiil
of ' the line of const di-scrihed in Article III.' "
coiist-liiic. Noi
cither of the Pa
ri'ii.rred to in ,Ai
The pieanil
on the coast "
Inland, in .^4° 4
tiic const as fa
(hscrihrd this lin
reiiiainiiiu: sentei
ih.' said niciidi
po-ses-!ons on tl
dcwribf s a line
imerseclion the
nnlinenl. The
■.■{>• tfadict the (
:;ic.d cnnnectio
. .,-tt out of th(
with the plain
preceding part oi
These five I
c.V|ir(ssed with a
bte- part oi' niv
cliili, .rated the ti
■vns ciiiployed in
iulween the two
liic I'liited Statei
N-I.'i. During t
'\'iiiiim ill her n
Whiit was it ?
It is Old)' I
prove that Itsx ;■
flf the Bi-itish r
follows ;• -
A '.oil!
tlie c.;i,.ei) ( i
■'lent upon i.i
o' ui' !'>' ..f
l>v Russian sul:
" Article 1
hviin the signat
111 llicir cili/eii
whatever, the i
llif preceding
coimlrv."
'.)'
It is curious to note the embarrassing intricacies ol his Lordship's language uiul lln'
erroneous assumption upon which his argument is based. He admits that the priviletii-
granted in the \ Ith .Article to the subjects of Great Britain ar(! limiteil to "tliecoa-i
descrihed in Article III ol the Treaty." But when he reaches tin; \Tltli Article, wluii'
the privileges granted are limited to "the coast mentioned in '"licle III of the Tluiity,'
his Lordship maintains tbr.t the two references do not mean • same (ous' at all. Tlic'
ro((.sV f/('.s;Ti7(('f/ in Articl' ID and the roast mrntioneil in Arti. I I 'i are, llicrei'ure, in his
Lordship's judgment, entirely ditleieiit. The " con>it desniliril in Article <:l is liiiiitcil,
ho admits, by the inteisection of the luiiindary-line with the I4!st (Lgree of loiigiludr,
out the "coast mentioned in Article 111" stretches to the Straits of liehring.
The llird Article is, indeed, a very pliun one, and its U'cnu'iig cannot be oliseni'ed.
Observe that the " line of di'inarcation " is between the |)ossessi()ns of both parties on tht
const of the continent. Great Britain had no jiossessions on the coast-line above the jioint
of junction with the 141st degree, nor hud she any Settlements above 00° north latitiuli'.
'South of 'iO" north latitude was the only place where Great Britain had possessions on tli''
L^^:-<f"-
47
coast-line. North of that point her territory had no conneetion whiitever with the coast
citlkT of tiie I'ncitic Ocean or tiie Hehrintf's Sea. It is thus I'viilcnt that tiie only coast
uv.iivd to in Article ill was this siriji or land south of (id^ or H^f' '■'(>'.
Till' puMtnhle closes by sayini; that the; line of (ieinarcation l^etwcen the possessions
on the coast "shall ho drawn in the manner lollowinir," viz.: From I'rincc of Wales
jiliiiul, in .')4" 40', alon;; I'orthmd f'iiannel and the summit of the mountains |)arallel to
tiic coiist (1.1 far n.t Ihtir Inlersfction iril/i the I4lnf ilci/rci' of Iriwjiludc. After having
ihfcrihril this line of demarcation between the possessions of both parties on the coast, the
rcniainiii!; sentence of the Article shows that, " iinally, from the said point of intersection,
til'.' said meridisui-line .... shall lorm tin' limit between the Russian and British
po-s-esyions on the Cniitinnit of Amencii." South of the point of intersection the Article
(lo«ciih(s ;'. //'«(- 0/ (Icmniration between possessions on the roust; north of tliat point of
iiinTsectioii the Article desi:.;natcs a ineiidian-liue as the limit between poi^sessions on the
milini'iit. The arj,niment of Lord Saljsbui-y a|)pears to this Government not only to
'.o- tfiulict the obvi()us meanini; of the Mlth and IHrd Articles, but to dcstiov their
:;ic.d connettion with the otlu r Articles. In tact, Lord Salisbury's atti nipt to make liro
c .^-ts out of the one coast referred to in tlic Illrd Article is not oidy out of harmony
with ti'e |)laiti provisions of the Anglo-Russiati Treaty, but is inconsistent with the
preceding part of his own I'rjiument.
These five Articles in the liritish Treaty (the Ilird, IVtli, Vth, Vlth, and Vllth; are
cx|iri ssed with an exactness of meaninj,' which no argument can change or pervert. In a
later part of my note I shall be able, I thiidi, 'o explain why the tlussian fiovernment
tliihuiuted the Treaty \vith Creat Britain with :,'reater precision and at lijrcater lenf^th than
';i< rinployed in framin'_' the Treaty with the United States. It will be remembered that
viae: 11 <hc two Treiities there was an interval of more than tin months — the Treaty with
till' I iiited .States beiii4,' iicj,'otiated in .April 1824, and that with Great Britain in February
IsH.'). Diiriiii,' tliat interval somethinij oiX'urred which made Russia more careful and more
■viictiii'i in her nef^otiatioiis with Great Britain than she hiid been with the United States.
What was it ?
It i> only necessary to (juote the llird ,ind IVth Articles of the American Treaty to
prove that less a'tention was yiven to their consideration than was given to the i'orination
flf the B'itish Tiraty with Russia. The two Articles in the American Tranty are as
follows ;• -
A i.cio '''. It is, moreover, agreed that hereafter there shall not be formed by
the ci;i,:ri! i i ihc United States, or under tiie authority of the said States, any establish-
■'lent upon i.i ^ nortli west coast of America, nor in any of the islands adjacen', to the north
of bi '.'»' 1.1' t: , latitude; and that, in the same manner, there shall be none formed
Ijy Russian subjects, oi under the authoritv ot Russia, south of the same parallel.
" Article l\''. It is, nevertlK'U'ss, understood that durini; a term often years, conntini;
lii'iii the siiriiaturc of the present Conventiuu, the ships of both Powers, or which helont;
lo llirir citi/ens or subjects res|)eeti. ',y, may reciprocally l'rei|uent, without any hindrance
whiitevcr, the interior setis, units, hiiriiours, and creeks upon the coast mentioned in
the preeedinu; .Article, for the purpose of fishing and tradings with the natives of the
cmintry."
'I will he noted that in the British Treaty four Articles, with critical expression of
:ie place ci the ill
iiid IVth Articles of the American Trcatv, wliieh were
11 ii • (!.afted witli ii 1 absence of the caution on the part of Russia which marked the
Work !■ !i.e Russian I'IcMipotentiaries in the Hiilish negotiation.
trim some cause, not lully cxidained, great uneasiness was felt in certain Russian
firc'Ics, and especially aniciig the iiieiidiers of tbe Russian-Aineriean C'on'pany, when the
I'leiity between Russia and the United States was made public. The facts leading to the
iMU'.'isiiiess were not accurately known, and from that causo they were exaggerated. The
Russians who were to lie aflccted by the Treaty were in doubt as to the possible extent
implied by the phr.ase " north-west coast of .America." as referred to in the Illrd and
l\lli .\iticlcs. The plirase, as I have belbre said, was used in two senses, and they t'earcd
'I iiii,yht have such a conslnielion as would carry the American privilei.'(" to the Straits of
li^'luiiii,'. They (cared, moieover, that the uncertainty of the coast referred to in
\rta-U- III miirht, by construition adverse to Russia, iiicbide the Bchring's Sea among the
IMS and gulfs mentioned in Article I\'. If that coitstruction should prevail, not only the
■\:iit'rican coast, but the coast of Siberia and the Alentiun coasts, might also be thrown
1
I
48
open to tlie incrrcss of American (isliprinen. So i^reat iiiid £:;enunit' was tiicir <Vij;lit that
they were able to iiuliui- tliu Russian Goviniinent to ;leuuiiul a iVcsli discussion ol the
Trcatv hufore they would consi.'nt to oxchaiiL^c iMliliciitions.
It is easy, tlitrelore, to ilisci-ni the facts wliicii caused the did'erence in pveciaimi
hetwt'c'ii the American and Biilisii Treaties with Russia, and whicli at the same time i;ivo
conclusive t'orcc to tl)e argument steaiiiiy maintained hy liie (jovernmenl ol' tiie Liiuted
States, 'i'liese iacts have thus tar only been hinted a!, .ind I have the rinlit to pri'sume
that they have not yei, lallcn under tlie ol)servation of I,ord Salisbury. The President
hopes that after the i.iets are pr. sented liie American contention will no longer be denied
or resisted l)y Her ilajesty's (jovernnient.
Nearly ciijlit 'iio'iths alter the Hus.-o-Aiuerican Treaty was negotiated, and before the
exchaULTe of ratili 1 ■• - h d yet taken |)lace, there was a renrarUahle interview between
Secretary .Adams ..r. Russian Minister. 1 ipiote iVou! Air, Adams' diary, the
6th Ucccinher, lf<2-4 :-
" i)tli, Moiuldj/. — Baron Tayl, the Russian Ministei', wrote me a note rccpicstini: an
immediate interview, in copse(iuencr of in-tructions received yesterday from bis Court.
He came, and, after inlimatiu'j; that he was under some c-mbari'assment in cxccutini,' his
instruction-:, said that the Riissian-.\merican C'ouipany, upon learning the purport of Ih'
North-West Coast Convention concluded last June by .Mr. Middleton, were extreaulv
dissatisfied ('a jetec dc hauls cris'), and, by means of their inliuence, hail prevailed iip;)ii
his (Joveriunent to send him tliese i;istructions iipnn two points. One was that be should
deliver, upon the e.V(diar,t;e of the ratilicatiuns of the Convention, an explanatory noti'
pnr))()riinLr tl)at the Ru^i-ian (ioverimunt did not understand tliat the Convention would
give liberty to the cilizcii'-- ol' the United States to trade on the coast of Siberia und tlk'
Aleutian Islands. 'J'l.e other was to propose a modification of the (.'onvention, by which
our vessels .should be prohibited from tradinu: (m the noiiii-v.est c lasi north of latitude 57°.
With regard to the former of these points he left with me a .Minute in writing."
With this preliminary statement Baron Tuyl, in accordance with instructions fruai hi<
Government, submitted to .Mr. Adams the following note: —
" Explanaiorij Note from Riisxia.
" E>^lanatory note to he presented to the Governuient of tiie United States at tlic
time of the exchange of ratifications, witii a view to removing with mo.e certainty all
occasion for future discussions; by means of which note it will be seen that //tc J/fwimu
Islands, tli<; cuaxln of Silx'riii, and the Riisninn possessionn in (jcii'jr<il on lite norih-ircst cmi't
of Amcriai to o!)° oO' of north lutilitili' are positively exceptecl iroin the liberty uf hiintiiij,
tishin:.', and connnercc stipulated in favour of citizens of tlie United States for ten yeiU's.
''This seems to b,.' only a naliiiMl eijnsei|ueiice ol the sti])ulations aiireed upoi!, tor
the roasts of Hil:''ri<i are washed by the Sea (.i Okhotsk, the Sea of ivanisciialka, ami the
Icy Sea, ami not hi/ thf South Sin mentioned in the Is! .Vrlicle of the Cunvention of thi'
.'(til (17th) April, l's04. 'flie Alvidhiii Iflmuls are also wasiied by (he Sea of Kamsciiiitka,
or Northern Ocean.
" [I is not the intention of Rusfiiu to impede ihe free nuriynlioti of the Pacific Ocein.
She would be satisfied with cau>ing to he recognized, as well understood and placed beyond
all manner of doulit, the iirineiplc that beyond 59'' .'iO' no foreign vessel can approach lur
coasts and her islands, nor fish or bunt within the distance ol' 2 marine leagues. Thi-
will not prevent the reception uf foreign vessels which have been damaged or beaten hy
storm."
The course p\irsucd by Mr. Adams, after the Russian note hid been subtnittcd to him,
is fully told in his diary, from nhieb I again (juotc: —
" I told Baron Tuyl that we should be disposed to do every thing to accommodiite th?
views of his Government that was in our power, hut that a niodifu-ation of the Convention
could be made lu) otherwise than by a new C(mvention, and that, lb;' construction ol thf
Convenlion as concluded belonged to other De[iartnients of the (government, for which
the Ivxeeutive had no autbi>rity to :-ii;)u!:ite, ... I :'.dd"! f!::-,', the Convention would 1)''
submitted iunnediately to the Senate; that if anything alfecting its construction, or, still
more, modifying its meaning, were to be presented on the part of the Russian (iovernnii':it
before or at the cxciiani^e of the ratifications, it must he laid before tin; Senate, and could
liavc no other possible eHeet than of starting; doubts, and, perhaps, hesitation, in lliiii hudy,
and of favouring the views of those, if such tiierc were, who might wish to delbat the
nililication it
hilli \\\\:i[ I t
iiiiiiicafions,
(i'i)Vernnient
«lnt would L
lii< iiistructio
(Hivernincnt i
iinswcr must
l)('>.t that he s
iiitrri'^l not r
Dili- iiirrrhanl
'I'lh ilnjrei- 0}
the liiiperial (
any further si
t.'icy should,
iii'jdification <i
TIk' Rusf
lint iiefiirc clei
ii! the lorm ol
I)!' the iiidelini
.Mr. .Adams re
of the Treaty
«-cond, to rcfi
iv(dy : —
'•Tlu' Bai
ii|)|ilicatioii in j
in our Consfiti
He would thei
and reserve fbi
his Court of
detinitelv do oi
As Ban
the nililicati(
Ibllowiiig da
diiiniary. !S2
ill the Depar
the Tieity ;
luioliieial iu.t
II. unliappilv,
ii'.it .Mr. .Aih:
Hu>.-ia the a
v.iiieh the Ru
i'f;lil>of la IK
yt'ars— no ac
'd the 'IVeaty
»as loriiiidlv'l
Whiie'tl
Ihissia and
Ihe iiistmcti
atlccted in tli
I have ahead
'I the Treatx
ivideiit purjK)
and Ml clear ;
I lie (iinernm
''.*' Hnssia in
contidcna' tb
•■iruuL'hout all
'I'lie "exi
''•"t Ihat, aft
appreliended i
[95]
40
r;ititicution itself of the (Joiivention., ... If, therefore, he would permit nie to suggest to
liiiii wliiit I thought would he his hcst co'irse, it would be to wait for the excl)anj;e of the
i.itiiicntioiis, nnd make it purely and simply ; that uitervvards, if the instructions of his
(i'i)vcinmcnl \ve!c iiiipi rativr, lie nilLtlit ])reseiit the note, to which 1 now informed liim
villi would be. in subs-tance, my answer. ]t necessarily could not he otherwise. But, if
lii~ instructions left it discietionary with him, he would do still better to inform bis
Ciiwrnuient of the state nf tiiini,'s here, of the purport of our conference, and of what my
iuiswc r must l)c il lie should present the note. I i)clieved his Court would then deem it
iH'st that lie should not present the note at ail. Their npprehpiisinn hail lirnn excitod by an
iiilrrr^l nnl rerij f'tifii(Uii to the (jood umlerxtinidhKj hetirecn the United Stntes and Russia.
Our iifrvhiints uould not <jo to trouble the Russians on the coast of Hiberia, or north of the
y,lli di'i/ree of latitude, and it was 7rise.1i nd to put such fanrics into their heads. At least
ihi' 1 Imperial Government might wait to see the operation of the Convention before taking
iiiu furtiicr steps, anri / uiis ronjident they would hear no cor.iplaint re.iultimj from it. If
tlicv sliiiuld, tlien would be the time for adjusting the construction or negotiating a
mollification ol' the Convention." ...
1
I
Tiu' Russian Minister was dce( ly impressed by what Mr. Adams had said. He had
not JK'fort clearly pirceived the iiiei liable effect if he should insist on presenting the note
in tlie form of a demand. He was not |)iei)ared for so serious a result as the destruction
DV the indefinite i)ostpon;ment of the Treaty between Russia and the United States, and
Ml'. .\(iiiins readily eonvinced him that at the exchange of ratifications no modification
ol ', he 'IVeatv could be made. The only two courses open were, first, to ratify; or,
Mcoiul, to refuse, and annul the Treaty. .Mr. Adams reports the words of the Minister in
ivply : —
'•The Baron said that these ideas had occurred to liiinsclf; that he had made this
appliciitiou in pursuance of his instructions, but he was aware of tlio distribution of powers
in our C'oiistituti(Mi, and of the incompetency of the i'lxeeutive to adjust such cpiestions.
lie would therefore wait lor the exchange of the ratifications without presenting his note,
and reserve for future cousideiation whether to present it shortly afterwards or to inform
his Court of what he has done and ask their further instructions upon what he shall
(ietinitcly do on the subject." . . .
As liarou Tuyl surrendered his opinions to the superior judgment of Mr. Adams,
tlie lutificatioiis of the Treaty were exchanged on the 1 1th day of January, and on the
I'ullowiiig day the Treaty was formally ])roclaimed. A fortnight later, on the 25tli
.laiuiary, l^'l^t, Baron Tuyl, following the instructions of his Government, filed his note
in till' Department of State. Of course, his act at that time did not afi'ect the text of
tlic Treity; but it j)laced in ihc hands of the (iovcrnment of the United States an
mioliidal iK.tt which sii;iiiricantly told what Russia's construction of the Treaty would be
il, unli,i])pily, any dilleivnec as to its meaning should arise between the two Governments.
ii'.it .Mr. .'\(!ai;is' friendly intimation teiiiovcd all danger of dispute, for it conveyed to
Russia the assurance thul the Treaty, as neirotialed, contained, in efibct, the provisions
v.iiiili the Russian note was designed to su[)j)ly. From that time until Alaska, with all its
I'ltlilsol lund and water, was tiaiisterrcd to the United States— a period of torty-tl./ee
uars— no act or word on the [inrt of either (iovcrnment ever impeached the full validity
III the Treaty as it was understood both by Mr. Adams and by Haron Tuyl at the time it
was lorinally proclaimed.
While these important matters were transpiring in Washington, negotiations between
lUissia and Kiighmd (eniliiig in the Treaty ol 1825) were in progress in St. Fetersburgh.
Ihe iiistruclious to Uardii Tuyl concerning the Russian-American Treaty were fully
atli'ctcd in the care with which the Anglo-Kussian Treaty was eonsti'ueted, a fact to which
I have already adverted in full. There was, iiuleed, a possibility tiiat the true meaning
)l tht; Treaty with the United .States might be misunderstood, and it was therefore the
i'videiit purjiose of the Russian Government to make the Treaty with England so plain
anil so clear as to leave no room for doubt and to baHle all attempts at misconstruction.
The liovernment of the United States liiids the full advantage to it in the caution taken
hy Russia in 182,"», and can therefore (juote the Anglo-Russian Treaty, with the utmost
cunliikiii'e that its meaning cannot be changed from that clear unmistakable text which,
'^ii'uiiL'lioiit all the Ariieles, sustains the American contention.
I'he "explanatory note," filed with this (jovernmeiit by Haron Tuyl, is so plain in its
Itxt lluit, after the lapse of hixty-six years, the exact meaning can neither be mis-
appnliendeil nor misrepresented. It draws the distinction between the Pacific Ocean and
[05] H
? :
I
8&
the waters now known as tl)e Beliring's Soa so particularly ant) so perspicuously that no
answer can lie n,<i(ie to it. It will bear tlic closest analysis in evorv particular. " It i-,
not the intention ol' Russia to impede the free navi<;ation of the Pncitic Ocean!" Tim
frank and explicit statiinent siiows with wiiai entire Udod faith llussia had withdra»vn, in
both Treaties, the oH'cnsive Ukase of Alexander, so far as the Pacific Ocean was made
subject to it. Another avowal is t'(jually explicit, viz., that "the coast of .Sibi^ria, the
north-west coast of America to '>!) '50' of north latitude [that is, down to .')9 ' 'M', the
explanatory note; rcckonini? fi'oui north to soutii] and the Aleutian Islands are positively
excepted from the iihiM'ty of huntiufr, llshinic, and eouinierce stipulated in favour of citizens
of the United States tor ten years." The re.ison ;;iven for this exclnsiou is most sii^nificitnt
in connection with the ])en(iinjj discussion, namely, that the coasts of Siberia are waslifd
by the Sea of Okhotsk, the Sta of Kamschalka, and the ley Sea, and not by the "South
Sea " [Pacific Ocean] mentioned in the 1st Article of the Convention of the ;)th (17th)
April, 1824. The Aleutian Islands are also washed by the Sea of Kaitischatka, or
Northern Ocean (Xortliern Ocean beinji; used in conttadistiuetion to Soutli Sea or Pacific
Ocean). The liberty of huntiutr, lishimr, and eommeree mentioned in the Treaties was
therefore confined to the coast of tlie Pacific Ocean soutli of ;')!) -"lO' botli to the U' tod
States and Great Ihitain. It inu>t certainly he apparent now to Lord Salisbur) iiat
Russia never intended to include the T^cinin^'s Sea in tlie phrase •• I'aciiic Ocean." fiie
American argument on that (piestioii has been sii^naliy vindicated by the otiiciul declar.i-
tion of the Russian (Joveriiment.
In addition to tlie l()re;;oina;, Russia el.iiuied jurisdiction of 2 tnarine leaiiues from the
shore in the Pacific Ocean, a point not finally insisted upon in (itlier Treaty. The
Protocol.s, however, show that (ireat Prilain was willini;; to agree to the 2 marine leairue*,
but the United Slates was not; and, after iIh; concession was male to the United Stales,
Mr. G. CanniuL; insisted upon its lu'inL' made to Great I5iitaiii al--o.
In the inter\iew between tiie Anieiican Scciotarv oi Sla*:e and the Kiissiaii Minister,
in December 1824, it is worth notint; thai Mr. Adams believed that the application made
by Baron Tuyl had its c;'gin "in tlie appieiieiisiou of (be Court of Russia which had
been caused by an interest not very friendly to the ifood imdeistanding between the
United States and Russia." 1 presume no one need be told that the reference here made
by .Mr. Adams was to the Government of (ireat Britain ; that the obvious efl'ort of the
British (government at that time was designed to make it certain that the United States
should not have the pi)wcr in the waters and on the shores of Behriug's Sea which,
Lord t^iilisbiirii iioic imjinis, luid uiiddubliilhi hrcii i/iicn bidh to tlif Vnittd S/dfp.i mid Grcai
Britrin bi/ the Trr-nlif's.
It is to be remembered that Mr. Adams' entire arLiument was to quiet Hnron Tuyl
witii the assurance that the Treaty already negotiatt^d was, in idl'eet, just what the Russian
Government desired it to be by the iueor|)oriitioii of the "explanatory note" of which
Baron Tuyl was the bearer. Mr. .\dams was not a man to seize an advantage nicrclv hy
cunning construction of language which might have two meanings. He was determined
to remove the hesitation and distrust entertained for the moment by Russia. He went so
far, indeed, as to give an assurance that Ai'ieriean ships would not go above ')7 north
latitude (Sitkii), and he did not want the text of the Treaty so chained as to meiilioii the
facts contained in the explanatory note, because, speaking ot tiie hunters and the
fishermen, it "was wisest not to put sueli fancies into Ibeii heads."
It is still further noticeabk that .Mr. .Adams, in his seiitentiou'^ expression, s|inki' cil
the Treaty in his interview with Baron Tuyl as '•'the North-West ('oast Convenlion.''
This closely descriptive phrase was enough to satisfy Baron Tuyl that Air. Adams liad not
taken a false view of the true limits of the Treaty, and had not atfeuiptcd to extend the
privileges granted to the United States a single inch beyond their plain and bonourahle
intent.
The three most confident assertions made by Lord .'-Salisbury, and regarded l)y him as
unanswerable, are, in hi" own language, the following;—
1. That l'a)'j:land refused to admit any part of the Russian claim asserted hy the
Ukase of 1821 of a maritime iuri-.diction and exclusive riihi of hshiug throughout the
whole extent of that claim, from Beining's Straits to the .ylst paralhd.
2. That the Ciaivention of li*2.') was regarded on both sides as a leiiunciatinii on the
part ol' Russia of that claim in its entirety.
'■'i. That, though Behring's Straits were known and speeifii'ally provided lor,
lkhrin;:'s Sea iv.is nol known by that name, but was regarded as a ])art of the Pacific
Ocean.
The explanatta'y note of the Russian ( iov(Mimient disproves and denies in detail
theso three assertions of Lord Salisbury. 1 think they are completely disproved l)y the
facts recited :
one of them.
The incl
r|U(itrd to sti(
|.(i>iii(iii of till
to ('mini Lie
I8-.>2. Thefii
"The "n
liarnn do ie
linparial .Mast
various pui'pos
Croini an thn ii
inid iiiirii/(i/inii
h is altoj
jirovisions of t
Inriloriiil rujii
hoiKlonderry n
>i'(i|'e of his c(
dispute betwcc
2!rrees with Lor
The Duke
i'->r which plaei
Ciinnimr, Brliisl
I.ondijiulerrv in
ranihiiii on the
Nesse!ro(le, Rus
of Aiexander, a
fonriiied hiinse!
'I'll e>lahlisli tlii
Meiiioiiinduin, v
' .\ow, we
Company lia\e
lalliil .\e\v Cal
Miiiintiiius, iind
Ijtitiule (iff nort
Tlic Dukt
I'vidciilly not
1-iiglisli terriioiA
'"I Ihc Pacific ()
I'wiinsiiln, lind
■iiyway uilli iIk
Miinir, coniieei
I'diniig's Sen.
I lie most
Mr.!5tiatfordCa
iillhr 1st .Mare
'ii'at_\ between
'>n- iiiiporlant.
iiitnt :
'■ Tlie line
'''^litiied to Riiss
After all, fl
"'•oretlKiii once,
*™i'ly and midei
il«eliad no o(||,
''«' I'acilie Ocean
"'fb'nited Slate-
platitude the sai
I access to the occ;
[9.01
6\
facts rpcitpd in this despatch, but the explanatory note is ,i specific contradiction of each
oiu- of them.
The iiicloRurcs wliicli accompanied Lord Salisbury's cicspatcii, and wliicli are
(|U()t((i to streni'tiien his art;un t-tits, seem to nic to sustain, in a rcuiarkahlu manner, tiie
l-(i>iii(in (if tlie United Slates. Tlu' first ineio^iire is a (ic^pfitch li-om Lord Loni'oiidciTy
to ('(Hint l.ieven, Ihissian Ministei' at London, diited l''oiei^ai Office, tlie iMii January,
]8'J2. The first parai(raph of this (les|)atcii is as f()llows ;
"The ''ndersiprned lias tlie honour to acknowj-'dsre the note addressed to him by
[liireii de icolai of tiie liilli SepUMiilier last, eovcriii^ a copy of a Ukase issued by liig
hii|iiiiial -Master, Kiiipeior of all the Ku^sias, bearing' date the 4tli Se|itember, 18^1, for
vaiioas inii|io.ses therein set forth, rn/ifridllii rmiiicrtp/l iritli llii' tcrriUirial rifjiils nf hi.t
Croirii (III llip iiorlli-iri'sf riiasl of Aincricii linrdrrlni/ on llic Pdvilir ()ri>iiii. iind the cniiiniprre
mill imrliiiilinii of His linpi'iiiil Mnjcsfi/'n yiiliji-iis In tlir ni'iis iiilji'Ci-iit thrri'ln.'
It is allofjether apparent that this despatch is limited to the withdrawal of the
piovisious of the Ukase issued by the Emperor .Mexar.dir. es|)eeially eoiinected with the
Inriliirliil riijlil.s on the iiorl/i-iri'xt rnfist hnidcriiii/ (jii llir I'liiilir Ocrini. Evidently Lord
li(jii(l(iiiderry makes no refcrenee, direct or indiicet, lo tiie Ik-hriun's Sea, The whole
>((i|ie of his contention, a.s defined bv biuiself, lies outside of the field of the present
(li>|iiite between the British and Ameiiean Go\erntnents. 'J his Government heartily
siriiTs with Lord Londonderry's fiirin of statiui; the cpicstion.
The Duke of Wellington was iMiuland's Kepri senlative in the Congress of Verona,
for wiiieli place he set out in the autumn ol \H22. His instructions iVoin .Vlr. G.
Ciiiiiiiiiir, Hriiisb Secretary of Foreiun .\ffairs, followed the precise line indicated by Lord
bonddudeiry in the despatch above ipioted. This is more jiiainly shown by a " Memo-
randiiin on the Russian Ukas(;'' dubvered bv the Duke on the I 7tli October to Count
Nisfclrode, Russia's Representative at Verona. 'J'be Duke was aiiiiiiiii; airaiiist the Ukase
of .•\lcxaii(ler, <is; it aifected Dntisji interesis, and bis lansiuane plainly shows that he
(onliiied biiiisflf to the "north-west coast of America boiderinL; o» tin' Pucijiv Ocean."
I'd c'>tablish this it is only necessary to quote the following [laragrapb from the Duke's
Mi'iiioiandiiui, viz. ; —
C
om
' Now, we can prove that the English North-West Company and the Hudson's Bay
paiiy have for many years established forts and other tiadin* places in a country
_ _. _. places in a country
falhil New Caledonia, situated to t!ie west of a ranue of mountains called tl
Mdiiiitiiins, and extending along llir shorr.
ol mountains called tlie Rocky
(if llic Piiiific Ori'iin from latitude 49' ta
Lititiiiic (iO'' north.
Tiie Duke of U'ellingtoii ahvays went directly lo the point at issue, and he was
fvidtnlly not concerning bimscdf about anv subject other than the jirotection of the
l.n;;l!sli terri'ory south of the Alaskan Peninsula, and on the north-west coast bordering
wi lh>' Piirijic Orenn. EuLdand owned no territory on the coast north of the Alaskan
1'inini.uln, and hence there was no reason lor coiinectiug the coast above the peninsula in
my way with the (piestioii befiu-e the Congress. Evidentlv the Duke did not, in the remotest
iiiiinnir, eoiiueet the subject he w,is discussing with the waters or the shores of the
Ik'hrmg's Sea.
'I he most significant and iin])ortant of all the inclosures is \o. 12, in which
Mr. Stnitford (,'aiiniiig, the British negotiator at St. IVtersburgh, commnuieated, under date
ofthf 1st .March, Ifs'j;"), lo Mr. G. Canning, .Minisler of Foreign Aliairs, the text of the
lic;it\ between England and Russia. Some ol .Air. Stratl'iu'd C'amiing's statements arc
vm' important. In llii! second paragraph of his letter he makes the following state-
ment :
'The line of demarcation along the ship of liinil on the north-west coast of America
«*Hi;ricd to Russia is laid down in tlie Convention agreeably to your directions." ....
I more til:: ^ ^
I (hi'ly Mild undeniably exhibits the field of coiilrovt'rsy between Russia and I'.iigland, even
l^elmd no other |)rool'ol' the fact. It was soUdv on the north-west coast bordering on
ilic I'iicilio Ocean, and not iii the lieliring's Sea at all. li- is the same slriii of land which
|l'f I'liited States ar<pnred in the ])urcliase of Alaska, aail runs from ."it" 40' lo ijif north
I taitiiilc the same strip of land which gave to British America, lying behind it, a five
'Kessti) the ocean.
rter all, then, it appears that the "strip of Iiiid," to which we have already referred
iiaii once, was reported bv the l'aiy;lisli I'leiiipoteiitiary at St I'etersburgh. This
.....l 1 ...:.. 1,1 i.;i.;. .i' c i.i . r i. ,. i) : I i.' i.. i
53'
Mr, Stratford Cunning also communicated, in liis letter of the 1st March, the
following : —
" With rcs|)ect to Hehring's Straits, I am happy to have it in my power to ii<siiic-
you, on the joint authority of the Russian I'lenipotentiaiies, that tin- Emperor of Uiisxin
has no iiitenlinii wliiitever of mnintninbuj any crclufivr claim In thr naviyation of those slnuU
or of the kpus to the north of t lie in.'
This assi'rance from the Emperor of Russia is of that kind where the power to give
or to withhold is absolute. If the Treaty of 182"» between Great Britain and Russia hail
conceded sueh rights in the Ikhring waters as Lord Salishury now claims, wh^' Wiis
Sir Stratford r'anning so '•hajipy" to "have it in liis power to assure" tiie liriii-li
Foreign Office, on "the authority of two Russian Plenipotentiaries," that "the Knipcior
had no intention of maintaining an exclusive claim to the navigation of the ]5eiuii:i;'s
Straits," or of tlie " seas to the north of tiiem." 'i'lie srus to tin- aoiilh of the siraiis were
most significantly not included in the Imiievial assurance. The Kngiisii statesmen of that
day had, as I have before remaiked, attem])te<l the aijolitiou of tlie Ukase of Alexander
only so far as it alVected the coast of the Pacitie Ocean from the 51 st to the OOtii denn.'
of north latitude. Jt was lel'r, in full force on the shores ol the Heining's Sea. Tliere is
no proof whatever that the Russian lMn|)eror annulled it there. That sea, from east to
■west, is 1,300 miles in extent; from north to south it is 1,000 miles in extent. The
whole of this great body of water, under tlie I'kase, was letl open to the world, except ii
strip of 100 miles Irom the shore. But with tiiese 100 miles enforced on all tlie coasts «!
the Behring's Sea it would be obviously impossible to approach tiic Stiaits of Tklirinir.
which were less than 50 miles in extreme width. II' entinced stiictly, the Ukase would
cut off all vessels from passing throu'^h the straits to the Arctic Ocean. If, as Lord
Salisbury claims, the Ukase bad been withdrawn trom the entire Ikhring coast, as it
was between the ."'1st and OOth degrees on the Pacific coast, what need would there iiavc
been for Mr. Stratford Canninir, the ICnglish Pleni|)orentiary, to seek a favour from Uiissin
in regard to passing tiu'ougb the straits into tiie Arctic Oeean, where scientific expcditi'jns
and whaling vessels desired to go r
I need not review all the inclosurcs, but 1 am sure that, pro|)erly analyzed, llicv will
all show that the subject-matter touched only the settlement ol the dispute on the noiil'-
west coast, from the "ilst to the IJOth degree o( north latitude. In otiier words, tii'.\
related to the contest which was finally adjusted by t!ie estabiisbinent of tiie line .'it" 40.
wiiieh marked the boundary between Russian and English territory at tiie time of tiic
Anglo-Russian Treaty, as to-day it marks the line of division between Alaska and Ihiti-h
Columbia. But that (luestion in no way touched the Behring's Sea; it was confined wlioll.
to the Pacific Ocean and the north-west coast.
Lord Salisbury has deemed it pioper, in his despatch, to call the attention of tie
Government of the United States to some elementary iirinciples of international lii»
touching the freedom of the seas. Tor our better instruction he gives sundry extnicts
from Wheaton and Kent— our most eminent publicists — and, for further illustration.
quotes from the despatches of Secretaries Seward and Pish, all maintaining the wcll-kiiown
principle that a nation's jurisdiction over the sea is limited to .'i marine miles Iror.) its
shore line. Commenting on these quotations, his Lordship says:— -
"A claim of jurisdiction over the open sea which is not in accordance with the
recognized j)rinciples of international law or usage may, of course, be asserted by lone,
hut cannot be said to have any legal validity as against the vessels of other couiitiics,
except in so far as it is jiositively admitted in Conventional Agreements with tiio-
countries.''
The United States, having the most extended sea-coast of all the nations of tiic
world, may be presumed to have paid serious attention to tbe laws and usages \vhic!i
define and limit maritime jiuisdiction. The course of this Government has i)een uiiilonniv
in favour of upholding the recogni/.cd law of nations on that subject. W bile Loni
Salisbury's admonitions are received in good part by this (iovernment, we feel justified ir.
asking his Lordship if the Govermncnt of Great Britain has unilormly ilhistiiiti':
these precepts by example, or whether slu^ has not established a* least one notiihl'
precedent which would justify us in making greater demands upon ilei' Majcstv.-
Government touching the Behring's Sea than either our necessities or '•■. 'desires have evtr
suggested'.' Tbe precedent to which 1 refer is contained in the follo'.- ,.r narrative;—
Napoleon Bonaparte lell into the power of Great Ihitain on the Ujtii July, W''-
The disposition of the illustrious prisoner was primarily determined by a 'I'le.ity
negotiated at Paris on the 2nd of the following August hctween (ireat Britain, Rnssiii,
Prussia, and /
ihe I'.iitish G(
secure the pri
tliis power, Ni
pii-diuT t\>r III
;i ■.|u'i'ial and (
Wcis altuiietliei
St. Helena reii
contains eigiit
()t any nation;
S lcii;(iies of tJ
const is tiie fo
liaii ill r^ondi
Middlesex. '1
ol law iiiiiid tl
a ciisis of pu
)ici;ce that was
vcais tliercatle
The Bril
fonsideiiible si
oiniiierce, ne;
till' waters wh
the ciumnerei;!
controlled, in 1
si|uare miles ii
iCL-ardless of
King.
The Uni
:issertion of p(
li.itlleof NVate
Comiiiereial 'I'
Britain. It w
belore, and wa
eminence of t
Gallatin. An
Knuland was
received at
cxcliaiiged i
to St. llel
States slio
strin'j;eiit ei
ielaiid. Till
tons of sbi|)
rajies. Lor
.')()() .Amerie
the .^'outh .A
The At
Inii^' as Na|
was therefo
lile 'vas the
.\|Mil liSKI t
have been in
lie I'lir five v
It is ii
iiroad .Atiaiit
nii'iciai e\c
a hiiiited an
wliii-.e .silent
liave no purl
lian than ilia
justities the
iiia'iit.iins tl
coiHinerce ii
ieii
uic
A8
Piiijsiii, and Austria, Hy tliat Ticaty '• tlic custody of Na|)olc'oii is specially intrusted to
the jSiitisli Government." The clioicu of tlie |)laee and of tlic measures wiiieli could best
sefiiiv the prisoner were especially reserved to I, is Britanme Majesty. In pursuance of
tills power, Napoleon was |)ron'.ptly sent by Great Britain to the Island of St. IJelenu as a
lirifoiier for life. Six nu)nllis alter he reached St. llclma the Hiitish r'.uliamcnt enactefl
a>.|U'i'ia! and exttaordinary Li.w lor the purposi' of inaliini; bis dclenli.in more secure. It
\va> iiltoiielber a ni(tinoral)!e Statute, and liavc to the I5iitis!i Governcir of ibe bdand of
St, Hell na remarkable powers over the propert\' and riLrhts of other nations. The Statute
toiitaiii* ei^llt lout; sections, and in ibe 4th section assumes the power to evclude ships
of iiiiy natioiuility, not only troui laudinij on the island, but forbids them " to hover within
S liairues of the coast ol' the island." The penalty for hovtrin;,' within. 6 leagues of the
ccii-t is the forfeiture of the ship to His .Majesty the Kimr ot Great l>ritaiii, on trial to be
had in London, and the oU'eiiee to be the sinne as if committed in the County of
lliiliilesex. This power was not assumed by a military commander, pleadini; the silence
oi l:iw amid the clash of arms; iu)r was it conbrred by the power of civil f,'overnment in
ii (•ii?is of [lublie (lan;;cr. It was a I'arliamentary en.K'tment in a season of profound
jicr.ic that was not broken in I'.urope by war amoni,' the (Ji'cat I'owers for eigbt-aiui-thirtv
vciir.s thereafter. (Sec Inelosurc! ('.)
The British Government thus assunu'd exclusive and absolute control over a
con.-ideiuble section ol the South .\tlivntic Ocean, lyini;; directly in the patli of the world's
;oiiunerce, near the capes which mark the .southernmost points of both Irmiispberes, over
the waters which for centuries had eoiinecled the shores of all continents, and aHordcd
the commercial hij>liway iVoin and to all the jiorts of the world. The body of water tlius
controlled, in the form of a circle neaily nO miles in diameter, was scarcely less than '_',IM)(I
>i|uare miles in extent ; and whatever ship dar.d to tarry or hover within this area nuLiht,
irau'dless of its nationality, be lorcibly seized and summarily forleited to the Biitish
Kiiij;.
The United Slates had u;tave and special reasons for resenting this peremptory
assertion of power by (Jreat Britain. On the 3rd liay of .luly, 1815, a fortnight alter the
Hatlle of Waterloo and twelve days before Napoleon became a prisoner of war, an important
Cuuunercial Treaty was concluded at London between the United States and Great
Britain. It was the sequel tn the Treaty of (jbent, which was concluded some six months
before, and was remarkable, not only from the character of its provisions, but from the
eminence of the Amerieau nev'otiators — John (J.uiiiey Adams, Uenry (^'lay, and .Mbert
G.ill.ilin. Anuuig other provisions ot this Ticaly relaxinp; the stringent colonial ixdlcy of
Kiiiiland was one which a;.;ieed that Americui shi|is should be admitted and hospitably
received at the Island of St. Helena. Before the ratifications of the Treaty were
exchanged in the following Novendier, it was determined that Napoleon should be sent
to St. lielena, Euudand thereupon declined to ratify the Treaty uidess the United
States should surieiuler the provision respecting that island. After that came the
strinu'cnt enactment of Parliament forbidding vessels to hover within 2-4 miles ol ihe
isl.ind. The United States was already a great. Cumniercial Power. She had 1,4(10,1)00
tons of shipping ; nu)rc than ."iOO shi|)s bearing her flag were engaged in liade around the
capes. Lord Salisbury has bad nmeh to say about the liberty of the sea-, but tiie>e
.'lOD .Xmeriean shi|)s were denied the liberty of the seas within a space of ;')0 mdes wide in
the Scjuth .Atlantic Ocean by tlic express authority of Cjreat Britain.
The Act of Parliament which asserted this power over the sea was to be in force as
long as Na|)oleon should live. Napoleon was born the same year with Wellington, un •
WHS therefore but '\l} years of age when be was sent to St. Ileieiui. His expectation of
life ".as then as good as that of the i^uke, who lived until 18.j2. The order made in
.\|iiil 18l(i to ol)struct free navi^'aiiiui in u section of the South Atlantic might, thercfijre,
have been in force for the period of thirty-six years, if tujt longer. It actually j)ruved to
he I'ur five years only. Najioleon died in 1><2I.
It is iiardlv conceivable th.it the same luitiou which excieised tbi> authority in the
broad Atlantic, over whiib, at that very time, 800,000,0(10 of peop'e made their eom-
iiicieiai exchanges, shouhi deny the right ol the United St.ites to assume control over
a limited area, for ii fraction of each year, in a sea which lies far be\ond the line ot' trade,
wluise silent waters were never cloven by a comnuMcial prow, whose uniidiabiied shores
have no port of entry, and could never be approached on a lawful errand ui;der any other
fla- than that of the United States. Is this Ciovernment to understand that Loid Salisbury
jiisiilies the course ol Kui;land '.' Is f his (iovi rnuu'ut to uniierstaud that Lord Salisbury
iua'ht.iins the right of lMi'j;land, at lier will and pleasure, to ol)slruel the highway of
commerce in n>id-ocean, and that she will at the same time interpose ohjeciions to the
M.
United States exercising her jurisdiction beyond tiu^ 3-niile limit, in ii remote and nniised
sea, (or the sole purpose of preserving the most vnluable Cur-seal fishery in the world from
remediless destruction ?
If Great Hritain sluill 'consider that the precedent set at St. Helena of obstruction
to the navii^able waters of the ocean is too remote for ])rcscnt (piotation, I invite her
attention to one still in existence. Kven to-day, while llcr .Majesty's (iovernnicut i<
aiding one of her Colonies to destroy the Anu'iicin seal llshcric^, another f'olotiy. with
.ler consent, has established a ])carl (ishery in an area oi the Indian Ocean (lOfl miles ujiit.
And so complete is the ass;ini|)tion of ])o\ver that, accordinic to Sir (leor.'c Haden-l'oucll,
a licence-Ice is collected from the vessels en^'aijcd m the peail (islieries in the open ociuii.
The asserted power goes to the extent of makinj; rorciirn vessels that have proearcd tliiir
pearls far outside the •'Vmih^ limit ])ay a heavy tax when the vessels enter an .'Kustriiliiiii
port to land cargoes and retit. Thus the foreinn vessel is hedged in on both sides, iiinl is
bound to pay the tax under Uritish law, because, as Sir Georiic Hadcn-fowell iiitiniates, tiii'
voyage to another port would probably be more cxnensivc than the tax. I (pioti' I'lirtlicr
from Sir Heorge to show the extent to which Hritisli assum])tion of |)owcr over the Ocaii
has gone : —
" Tlip right to charge these dues and to i'xcrei>e this control dutsiili' llic W-milf limit
is based on an Act ol the Federal Council of .\ustralasia, which (Federal ('ouncil Act, I8><5,
see. 1 ')) enacts that the Council shall have legislative authority, la/cr «//(/, I'a reupcvl In
fisheries in Anslraiiun waters utisldc lerritarinl limits. In 1S8!) this Council passed an .■\ct
to ' regulate the ])carl-sliell and bi'che-dv-mcr fisheries in Australian waters adjacent to the
Colony of Western .Australia.' In I8S8 a similar Act had been passed, (icaliug with the
fisheries in the seas udjacenc to Queensland (on the cast coast).''
I am directed by the President to say that, on behalf of the United States, he is
willing to adopt the text irsed in the Act of Parliament to exclude ships from hoverin';
nearer to the Island of Sf. Helena than 8 marine leagues, or he will take the example
cited by Sir George Uaden-Powell, where, by jjf rmissicn of Her .Majesty's Goverunieiit,
control over a part of the ocean 600 miles wide is to-day authorizcxl by Australian law.
The President will ask the Government of Great Hritain to agree to the distance of
20 marine leagues — within which no ship shall hover around the Islands of St. Paul and
St. George, from the l.'jth .May to the 15th October of each year. This will prove an ellective
mode of preserving the seal fisheries for the use of the civilized world — a n)o(le which, in
view of Great Britain's assumption of powei' over the open ocean, she cannot with
consistency decline Great Britain prescribed 8 leagues at St. Helena; hut the obvious
necessities in the Bebrinu's Sea will, on the basis of this precedent, justify '20 leagues fur
the protection of the American seal fisheries.
The United States desires only such control over a limited extent of the waters in the
Behriug's Sea, for a [)art of each year, as will be suflicient to insure the protection of the
fur-seal fisheries, already injured, possibly, to an irreparable extent by the intrusion of
Canadinn vessels, sailing with the encouragement of Great Britain and protected by her
flag. The gravest wrong is conmiitfed when (as in n)any instances is the case) Anu'rican
citizens, refusing obedience to the laws of their own country, have gone into partnership
with the British flag and engaged in the destruction of the seal fisheries whicli belong to
the United States. So general, so notorious, and so shamelessly avowed has this practice
become that last season, according to the Report of the American Consul at Victoria, when
the intruders assembled at Ounalaska on the 4lh July, previous to entering lldiring's
Sea, the day was celebrated in a patriotic and spirited manner by the American citizens,
who, at the time, were protected by tii-- t>..'itisb flag in their violation of the laws of their
own country.
With such agencies as these, devised by the Dominion of Canada and protected by
the flag of Great Britain, American rights and interests have, within the past four years.
been damaged to the extent of millions of dollars, with no corresponding gain to those who
caused the loss. Frotn 1870 to 1890 the seal fisheries — carefully guarded and preserved —
yielded 100,000 skins each year. Tlje Catiadian intrusions began in 1886, wiA s.s great
has been the damage resulting from their destruction of seal life in th'' opcr. s.-'a surroundiac
the Pribylotf Islands, that in 1890 the Government of the Uniiid States limited the
Alaska Company to GO, 000 seals. But the Company was able to secure o\A\ 21,000 seals.
Under the same evil influences that have been active now for five . tasons the seal lish'jries
will soon he utterly destroyed, (ireat Britain has been informed, advised, warned "cr
and over again, of the evil effects that would flov ■■■■. -.n her course of action ; but, against
testimony that amounts to demonstration, she haa preferred to abide by personal repre-
M
wiiliilions from Ottawii, by ItcporU of Commissioners \vl)o examined nothinfj, and lieiird
iiotliiii!.', except tlic lestimuny oC tliose cni;ii«e(l in the business nKainst which the United
Slates hiis earnestly jjrolested. She miiy possilily lie convinced oC the damage if she will
Mini iiii inlellinent ('(iiiMnissioncv to the I'lihylod ishuids.
hi yeiu ral answer to nil these (acts, (ireat I5ritain announces that she is willing to
xlile the (h-pnte liy iirliitration. Her pi'o|)08ltion is contained in the followin}.' paragraph,
ivhich I (|U()le in fid! :- -
•■ I have to rer|uc8t tliat you will comnumieiite u copy ot this despalcii, and of its
iiitkiMius, to Mr. lihiine. You wili state tiiat Her Muie^ly'H Government iiavf no denire
wlictever to n-luse to the United States any jurisdiction in Uehring's Sea which was
cDiicedcd liy (Jreal liritam lo Russia, and wiiieli projieriy accrues to tlie present posscjsorn
tit Ahis-ka in virtue ol'Tnaties or the hiw of nations; and that, if the United Sliites'
(iovcniiiient, after exiimination >)t tlie evidence and arifuments which I hav(' produced,
>till ililler from llieni as to the icKaiity of tlie recent captures in that sea, they are ready to
iipii- lliat tlio (piestion, witli the issues lliat depend upon it, sliould he referred to impartial
iirliitiation. You will in tliat case he authorized to consider, in concert with Mr. Blaine,
till' imtliod of procedure to he followed."
In his annual ^lcssa;;e, >eiit to Conjiress on the 1st of the present month, the
I'lCsidcnf, speaking in relation to the nchiinij's Sea question, said : —
'•The oflcr to submit the (pieslion to arbitration, as proposed by Her Majesty'*
(lovrrmiient. has not been acee|itc(l, for the reason that the form of submission proposed
is not tliouiiht to he calculated to assure a c()nclii>ion satisfactory to either party.'
In the judgment of the President, nothing ol importance would be settled by proving
thit (ireat Ibitain conceded tiii juri>dieti()ii to Russia over the seal fisheries of the
Bi'lniim's Sea. It might as well lie proved that Russia conceded no jurisdiction to
Kiif;liiii(l over the River 'riiaiues, By doing nothing in each ease everything is conceded,
hi MLitlier ease is anything asked of the other " t'oncession," as used here, means simply
m-ijiiii'xri'nri' in the rightfulness of the title, and that is the only form of conceision which
Russia asked of (Jreat Rritiiiu. or which Great Rrituin gave to Russia.
The >ecoM[l ofler of Luni Halisliiiry to ai hitiate amounts simply to a submission of the
i|iiustiiMi whether any country has a ritrlit to extend its jurisdiction more than one marine
liimao from the shore y No one di>puteK that, as a rule; but the ([uestion is whether
tlnrc may not he exceptions whose enforcement does not interfere with those hiiihwuys of
iimiiiieiee which the necessities and usage of the world have marked out. Cireat Britain,
will 11 she desired an exception, did not sto|) to consider or regard the inconvenience to
"liicli the conimereial world might be subjected, '.ler exception placed an obstacle in the
hiffliway between continents. The United States, in protecting the seal fisheries, will not
iiilcr(<.'ie with a single sail of coinnu'rce on any sea of the globe.
It will mean something tangible, in the President's opinion, if Great Hiifain will
(•onsciit to arbitrate the real (|uestioiis which have been under discussion between the two
(ioverimients tor the last lour \ears. 1 shall endeavour to state what, in the judgment n:
the President, those issues are:
1. What exclusive jurisdiction in the sea now known as the Hehring'g Sea, and what
exclusive lights in the seal tisheries therein, did Russin assert and exercise prior and up to
time (if the cession of Alaska to the United States?
2. How tar were these claims of jurisdiction ns to the seal fisheries recognized and
cuiiicded by (ireat Hiitain.'
li. Was the body of water now known as the Behring's Sea included in the phrase
"I'iicitic Ocean," as used in the Treaty of 1825 between (Jreat Britain and Russia; and
wliiit rights (if any) in the Behring's Sea were given or conceded to Great Britain by the
i:ii(l Treaty ?
4. Did not all the rights of Russia as to jurisdiction, and as to the seal tisheries in
lip|iriiiL,''s Sea cast of the water boundary, in the Treaty between the United States and
HiNsia of the .'JUth March, 18()7, [la-ss uiiim|)aired to the United States under th.it
Trciity .•■
■'). What ate now the rights of the United States as to the fur-.seal fisheries in the
Waters (if the Behring's Sea outside of tlie orriitiary territorial limits, whether such rights
ftrow out of the cession by Russia of any special rights or jurisdiction held by her in such
lislicries or in the waters of Behring's Sea, or out of tlie ownership of the breeding
islaiuls iiiul the habits of the seals in resorting thither and rearing their young thereon and
fOinu' out troni the islands for food, or out of any other fact or incident connected with the
iclatidii of those seal fisheries to the territorial possessions of the United States !
1. 1
ffO
f). If tlie (li'toiitiiiKitioi) of tliu r()i(~:;oiii^' (]ut"sti()iis sliall k'livc the s;il)ii'(t in such a
position tliiit tlic conourri'ticc of (Jrcat Uiitaiii is necessary in pivscriliiiia; Hi'i,niiati(.ii)s (or
till- killinir of tiic fur-^i-al in a:iy part ol the waters of IJelinn^'s Sea, then it shiiH be
tui'llicr liito'-iniiied : (1) How tar, if at nil, outside tlie oniinaiy terntoiial limits it is
iiei < >iii'y tliat the I'nited State-* slionid cxereise an evcln-iive jurisdiction in onicr to
]iintccl liie ^'mI f"r the time hvini; upon tiie i-ilniii!s of tlic I'nited States and I'eedinu' tjit'ic-
li'M. ' {'2) Wl'ftiier a closed si-ason (dii'iii ; vshich the killiny of seals in thewatersof
Bchriua's Sea outside the ofdinary teiritoi'ial linntssiial! he pi'ohihit"d) is neeessary to suve
the si'al tishinu: industry, so val.iahle and iinportaul to mankind, fioni deteii naiioa or
destruction? And, if so, (.'1) What months or parts of months shoidd he incliidw! in
such season, and over what waters \i should extend .'
The ro;'.e;.!i>i .isscrtioiis that the (iovernmeiit of the United States demands that the
Behrin;;'* Sea be pronouncid iiinrr rlniisutii are without (oimdation. The Goveniaiciit
lias never elairned it and never desired it. It expressly disavows it. At the saaie tinu'
the United States does not lack ahnndant autiuiiity, aeeordii'i; to tlie ahlest exponents ul'
internatio!ial law, for holdim: a small si'etion of the lh'liiiiit;'s S"a for the protection of
the fur-seals. Controllin.' a eomiiaratively resiiicted area of water h)r tiiat one spec'tie
l)urposo is l)_v no means the ecpiivalent oi declaring' the sea, or any pait tiiereol', nKirf
ciniisinv. Nor is it hy any means so serious an ohstruetiou as tSreat Britain assumed to
make in the South Atlantic, nor so jiroundless an interference with the oimnoii law of the
sea as is maintained hy British authority to-day in tile Indian ()(!can. The IVesideiu (i
not, however, iksiie the lon^ postponement wliicli an exammation of le;;«l autlv
from Ulpian to Phillimore and Kent would involve, lie linds his own view:
expressed hy Mr. Phelps, our late Mini>ter to F.iii'land, when, after failiui; to secure .i j,.
arranirement ^ith Givat Hritaiu toueliin;,' the seal tisheiies, he wrote the foUowiiis,' in his
closing eoiiimur.ieation to his own (jovcrnment, I'JtIi Septeiiiher, 18!»H: —
"Much learnin:,' has liecii expended upon the discussion of tlu; abstract (ple^)tillll of
the ritjht of miiri' cldiisuni. 1 do not conceive it to he applicalile to the |)rc'sent case.
'• Here is a v.duable llsh'^ry, and ii lari;e and, it properly nianimcd, pernmneiit
industry, tl e propeity of the nations ini whosi' sliores it is carried on. It is propuseil hv
the Colony ol a loieijiii nation, in delianee of tiie joint rcinonsirance of all tlie eountrif;
interested, to destroy this; hu>ine>s hy the iiidiseriininatc slaughter and extermination of
the animals in (|ut>tioii, in the open iieiy;libourin;^ sea, (luring the period of gestation,
when the common dictates of humanity ought to protect them, were there no interest at
all involved. And it is sugirested that we are prevented from dcleiuling ourselves against
such depredations because the sea at a certain distance from the coast is tree.
" i'lie same line of aiijument would tiike under its protection piracy and the Slave
Trade when prosccatei in tlie open sea, or would justity one nation in dcstroyinL' the
couinieree ol anotlu'r hy i)lacii;j; dangerous obstructions and derelicts in the opiai fca near
its coasts. Tlierc are many things thit cannot l)e allowed to be done on the open ski
with impunity, and a;;amst wiiieli every sea is innn' (/((HMna .• and the right of si'lf-dcft'iico
as to person and property prevails tliire as fully as clsewiiere. if the iisli upon the
Canadian coasts could be destroyed by scattering poison in the open sea adjacent with
some small protit to those cn::agcd in it, would Canada, upon the just prineipks ot
international law, he held detenceiess in such a case r Yet that process would be no more
destructive, inhuman, and wanton than this.
"If precedents are wanting lor a defence so necessary and so projicr, it is because
precedents for such a course of conduct are likewise unknown. The best international
laA has arisen from precedents that have been established when the just occasion lor tliem
arose, undeterred by the discussion of abstrcict and inadecpiato rules."
I have, &c.
(Signed) JAMES G. IJLAINE.
«f
IiicloMiru (A),
Cmvciiilnn* Iwtum.i Ihc I'liltcd Stiiirs (mil, Russia rvliillri' In Niniijiitiou, Fisliliuj, find
Triidimj in the Pnrljic Oiviiii, iinil to Eshililishmcittx on tlif Xortli-lVest Coast. —
Cniifludril Ajiril 17, l^'^4 ,• linllfiriilions inrhdiiijiil iit fViishinrjIon, Januiinj 11, l825 ;
Proclaiinril jiinii/in/ \\i, l.'^'J.'J.
Ill till' Name (if till' .Mii<t llnly anil Iiulivi«iMe Trinity.
TIIK President of the United Stntes ol' America and His Majesty tl)e Emperor of All
the llii.'-siiis, wishinij to ci'incnt tlic bonds of atnity which unite them, nnd to seciiro
lii'lwi'cii tlu'in the invariiihle iniiintenanee of n jieit't'cit concord, by means of the present
Convention, have named as their I'lcniiioti'iilinrics to tl.is ctlect, to wit;
Tlie President of the United Suites of Amerien, Htiiry Middleton, a citizen of said
Stiitcs. and their Knvoy I xtraordiiiaiy and Minister Plenipotentiary near His Imperial
Majesty; and His Majesty the Kinperor of All the Russias, his beloved and faithful
Cliarles Robert, Count of Nessclrode, Actual Privy Counsellor, Member of the Council of
Slate, Secretary of State directing the adniinist ration of Foreign Aftairs, Actual Chamberlain,
Knight of the Order of Si. Alexander Nevsky, Grand Cross of the Order of St. VVladimir
of tlie first class, Kni;;ht of that of the White Iviu'le of Poland, Grand ( oss of the Order
1)1 St. Stephen of Iluiii;ary, kniniit of the Orc'ers of the Holy Ghost and St. .Michael, and
(iiaiiil Cross ol the Lei;i()n of Honour ol' Tianee, Kiiii;ht Grand C'ross of the Orders of th«
lihick and of the Red Kagle of Prussia, of the Annunciation of Sardinia, of Charles 111 of
S|iaiii, of St. Ferdinand and of .Merit of Naples, of the lilephant of Denmark, of the Polar
Star of Sweden, of the Crown of Wiirtemberj;', of the Gueljihs of Hanover, of the Belgic
I.iiiti, of Fidelity of Baden, and of St. Constantine of Parma; and Pierre de Poletica,
Actual Coimsellor of State, Knight of the Order of St. Anne of the first class, and Grand
Cross (if the Order of St. Wladiniir of the second ;
Who, after having exchaniicd their full powers, found in good and due form, have
KKu\ upon and s-igned the tollowing stipulations : —
ARTICLIi I.
It i.i au:recd that, in any part of the Great Ocean, conmionly called the Pacific Ocean
or South Sea, the respective citizens or subjects of the High Contracting Powers shall be
licilher disturbed nor restrained, either in naviiiation or in fishing, or in the power of
R'^orting to tiic coasts, upon ])oints which may not already have been occupied, for the
liiir|uise of trading with the natives, .saving always the restrictions and conditions
licti'niiincd by the following Articles.
^M
ARTICLE II.
\\itli a view of preventing the rijibts of navigation and of fishing exercised upon the
(iR'at Ocean by the citizens and subjects of the High Contracting Powers from becoming
tlie pretext for an illicit trade, it is agreed tliat the citizens of the United States shall not
resort to any point where there is a Russian establishiucnt without the permission of
the Governor or Connnander ; nnd that, reciprocally, the subjects of Russia shall not
resort, without permission, to any establishnient of the United State^■ upon the north-
west coast.
Unit
ARTICLE HI.
It is moreover agreed that, hereafter, there shtill not be formed by the citizens of the
<(i States, or under the authority of tlio said States, any establishment upon the
iiortli-west coast of America, nor in any of the islands adjacent, to the north of 54° 40'
01 north latitude ; and that, in the same manner, there shall be none formed by Russian
subjects, or under the authority of Russia, south of the same parallel.
ARTICLE IV.
It is, nevertheless, understood that during u term of ten years, counting from the
signature of the present Convention, the ships of both Powers, or which belong to their
citizens or subjects n^spectively, may reciprocally frctiuent, witliout any hindrance
'uatcver, the interior seas, gulls, harbours, and creeks upon the coast nunitioned in the
[951
'rrniislatioii from the original, which is in the French luuKuage.
58
precediii!; Articlo, for the purpose of fisliiny; and tMdiiiu; with the natives of the
country.
AKTICLK V.
All spirituous ii(|uoi's. fire-ni'ins, otluT anus, powder, ami munitions of war of overv
kind arc ahvavs o.vcrpted I'ro'n this siiuil' {'oniuu'ic'C |ieriiiilti'd l)y th;; precesling Vrticlc;
and the two Powcivs enir.i^'-e, reciprocally, neither to sell nor sutfer thcui to he sold to the
natives !)y their respective citizens and sulijectH. nor hv any person who may he under
their authority. It is likewise stipulated that this restriction sualt never aH'ord a pretext,
nor he i'llviuieed in any case to authorize either search or detention of the vesseU, seizure
of the Mierelmndize, or, inline, any measures of eonstr.iiur whatever towards the riicrcliiints
or the crews who may carry on this comiuei'ce; the lli^h Coutraetinu; Powers reciprocallv
reserving to tiiemselves to (ieterniiiie upon the penalties to be incurred, and to iiillict
the punishments in case of the coutravention of this Article by their respoctive citizens or
subjects.
AllTlCLE VI.
When this Convention shall have heou duly ratided hy the President of the United
States, with the advice and consent of the Senate on the "ue part, and on the other
by His Mnjesty the Emperor ol .-Ml the Hussias. the ratilieatious shall he exrlianjred
at NVttsiiicijton in the space often mouths Iroui the date helow, or sooner if possible.
In faith whereof the respective l'leuipot"iitiaiies have sii;ncd this Convention, am!
thereto alfi.xed the seals of their arms.
Done at St. Petershurjih the ')tli (i7tli) .-^pril, of llic year of Grac' one thoutiaiid eiglii
huiidi-ed and twcntv four.
(Seal.) HKMIV MIUDMimN.
(.Seal.) l.c Conite CH.AUUES DE NliSSKLRODL
(Seal.) PIKllliK l)i:. I'OLhrriCA.
Convriilioti hi'ljo'en llrrut liriidiii nud lliis.\i(i. — Siiiiird n', St. I'clri: hiinji:, l''r!ini(iiii lCi(:J'-
ISlif); Pirscnted (0 Pmiiamcnt Mini \i), 1"^2";.
In lliv Kaiiic lit' till' .\Io«t Hoiv r.ul I'l
iiiil Tii:ii»v.
His Majesty the Kinti of the United Ivin^'doiii ofGieat Britain and Ireland, and Hi-
Majesty the Emperor of All the Ilussias, heiuu; desirous of drawinsj still closer the ties di
good oiiderstaudinu; and I'rieiidship which unite llicm, hy means of an Afi;ree:nent whicli
may settle, upon the basis of leciijroeal convenience, dill'ercnt points connect (I with thi
comuicrec. navii;ation, and tislierics of their su'ijeets .)n the Pacific Ocean, ni well a> tlir
limits of their rcsjieetive pos^essi his on the iiDitli-'vest oast of America, have naiiuil
Plenipotenliiuies to conclude a Convention fur tliii pui-posc, that is to s;iy ;
His Alnjcsty the King- of the i'liiled Kii^lom of Great ISritaiii and Ireland, tli^
Rij^ht Honourable Stratford Canniui,', a il ember of His sicd Majesty's .Most Hououiahli
Privy Council, &c.
And His iUijesty the iMiip-jror of All the llussias, the Sieur Charles ilobert, Count ili
Nesselrode, His Imperial -Majesty's Privy tJonneillor. a .Member of the Council of llu'
Empire, Secretary of Stale for the Depai'tuu'ii': of Forciirn Alfairs, &c.; and the Sieiir I'iern
de Poletica, His Imperial -Majesty's Caiiiicillor of State, &c. ;
Who, after having comnumicatcd to each other their respective full powers, found in
good and due form, have agreed upon anrl signed the I'ollowinK Articles :—
ARTICLE I.
It is agreed (liat ths respective subjects of tlu' High Conlracting Parties shall not In'
troubled or niolesti'd in any part of the ocean, commonly called the Pacilic Ocean, eitlieriii
uavigatiug tlu; .same, in fishing therein, or in l.uuling at such jiarts of the coast as shall not
have been already occupied, in order to trade with the natives, under the restrictions I
conditions Kpecified in the following Articles.
ARTICLE II.
In order to prevent the rii^bt of navigating and fishing exercised upon the oeoaii by
tlio .subjects of the High Contracting I'arties from becoming the pretext lor an illicit (om-
m
iiPKT, it 1? i!:;r('i'(l tliiit tlic sulijicts of His Bi'itannic Majesty shnll not Innd at nny place
wic'ic il)fi'c iTiuy Ih' ii Riirsitiii otahl'-lmii'iit, will, out the |)Priiiissioii ol' llic Govcrrttil' nr
('niiun.inii'int ; and, on tlie otlici' lia!i(', that Hu-sian subjects shall not land, without
|Kl■lliis^ioll, at an\' liiilish 'stablishiiiciit on tlir noilli-wost coast.
AKTICI.K 111.
'lie line ot (Iciiiarcniion lietwccn the |)ossessions of the HiL;h Contracting Fartics, n|)nn
tlicM'oast of lilt" coiilineut :iii(l tlie islands oi .Viuei'ica to the norMi-wcst, shall be drawn in
liie iiiani.ci' follov, in^' : —
( laninencinif from the southciiiniost point of tlie island callcil Prince of Wales Island,
whicli jioHit lies in the parallel of .^)4^ 10' ninth latitude, and helwccri the l.'?l«t and
tlie t.'i:5rd degree of west liinj^itiide (ineiidian of (Jrcenwieh), the said line shall as(!elld to llio
iioiiii alonu: the cliar.ncl railed I'oi'tland Channel, as far as the point of liic contiiieiit wiierc
it strikes the ri(;ili (lei;r( e of north latitude; fioui tlll-i last-nier.tionrd point the line of
iloii atca'idu shall hdlow the snnunil lA the mountains situated ^parallel to tlie coa=t, ns far
as the point ot interseelion of the IMst deL'ree of west l<inL',itude (of the same ineiidiaii) ;
iiml, liiiallv, iVoin the saiil ]ioiiit of inteisection, tlie said meridian line of liie lUst desree,
ill Its prolon,i;atioi! as far as tiie TroyxMi t)eeaii, -iiall loriji the limit between tiie IUi>sian
and ISritisli possessions on tlie Continent of America (o the nortl;-\vcst.
I
AllTICl.i; IV,
Witii reference to the line id dcniareation laid down in the preceding Article, it Is
understood :
I. 'I'hat the i>land called I'lince of Wales Island shall belon;,' wholly tn Itussla.
'.'. That wherever the snnmiit of the niouniains which extend in a direction parallel to
the eiinsl, from the ."i(ith dei;ree of north latitude to the point of intersection of the
i41>t (lejiiee of we>t lonuitude, shall prove to be at the dislance of more tlian 10 marine
li:i!.'iies from the ocean, the limit between the British possessions and the line of coast
which is to beloiii; to Russia, as above mentioned, shall be formed by a line parallel to the
wiiidinL's of tlie coasit, and which shall never exceed the distance of 10 murine leui^ucs
therefrom.
ARTICLE V.
Ii is, moreover, acreed that no eslablislitnent shall be formed by either of the two
Piiitics within the liiiiits assigned by the two prcccdintc .\rticles to the possessions of the
uenih. British subjects shall not form any establishment either upon the
within the limits of the Russian
and, in like manner, nu estublish-
ntlier ; consec
cnast or upon the hori'er oi
the eoiitineni coniprisei
possessions, as dcsiiiiiated in llie two preeediiitt Articles; , ,
iiicnf sluill be I'oiined by Russian subjects be_\ond the :-aid limit
ARTK^I.H VI.
It is understood that the subjects of His Rriiannic Majesty, from whatever (piarter
liiey iiiav arrive, whether IVoiii the ocean or from the intcrlol' of tlu; continciit, shall for
I'vcr enjoy tiie ri;;lit ot navitta'ini!; freely, and without any hindrance whatever, all the rivers
and streams uliidi. in their course towards the Paeitie Ocean, may cross the line of
iImi.,',i.....»:.m< .,..,,,. ii,>> i;,i„ .,r.,.,i.ci .i„....,.a,.,.i :.. a ..•:„!.. lit .,rii<., ..■'i,>«i,i r<ni,...„,fi.,..
ii'cation upon the line of const described in Article III of the present Convention.
ARIICLI-: VII.
It is also understood that, for the spuee often years from the siiinature of the present
Convention, the vessels of the two Po'vers, or those beloni;iiiu; to their respective subjects,
diall iiuitnally be at liberty to fic(|iiepi, without any hindrance whatever, all the inland
<ras. the trull's, liavns, and crecUs oil tlie coast mentioned in Article III, for the pur|K)se8
iif tisliiiiif and of tiadiii'- with the natives.
ARTICLR VHI.
The port of Sitka, or Novo Aichanp;elsl<, shall be open to the commerce and vessel?
olliritish subjects for the space of ten years from the date of the e.vcliange of the rntillca-
tions of the ]irescnt Convention. In tlie invent of an extension of this term of ten vcrtrs
[OSJ I i'
60
being; granted to any otlier Power, the like extension shall be granted also to Great
Britain.
ARTICLE IX.
The above-mentioned liberty of commerce shall not api)ly to the trade in spirituous
liquors, in fire-arms, or other arms, guiii)owder, or other warlike stores; the High
Contracting Parties reciprocally engaging not to permit the above-mentioned articles to be
sold rr uelivercd, in any manner whatever, to the natives of the country.
ARTICLE X.
Every British or Russian vessel navigating the Pdcific Ocean, which may be compelled
by storms or by accident to take shelter in the i)orts of the respective Parties, shall be at
liberty to reft tiierein, to jjrovide itself witii all necessary stores, and to put to sea aiiain,
without paying any other than jjort and ligiithousc dms, which shuil be the same as those
paid by national vessels. In case, however, the ma.-ter of such vessel should be under the
necessity of disposing of a jjart of his merchandize in order It) defray his e.xpenscs, he siiall
conform himself to the Regulations and Tarifl's of the ])lace where lie may have landed.
APTICLE XL
In every case of complaint on account of an infraction of the Articles of the present
Convention, the civil and military authorities of the High Contracting I'artics, witiioiit
previously acting or taking any forcible measure, shall mai<e an exact and circumstantial
report of the matter to their respective Courts, who engage to settle the same in a friendly
manner, and according to the principles of justice.
ARTICLE XII.
The present Convention shall bo ratified, and t'.ic ratifications shall be exchanged at
London, within the space of six weeks, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have
affixed thereto the seal of their arms.
Done at St. Petetsburgh the ICth (28th) day of February, in the year of our Lonl
One thousand eight hundred and twenty live.
(L.S.) STRATFORD CANNING.
(L.S.) The Count DK NHSSKLRODE.
(L.S.) PIERRE DE POLKTICA.
]nflos\ire (B).
List of Maps, with Designation of Waters now known as the Belirini/s Sea, 'oith Date and
Place of Puldiralion,
[In tlic'^^o Maps the wntcis hoiitli nf lii'lii iiiji's Sim nro viiriim*ly ili'sijiniited iii tln' Pnclfic Ocran,
Piicitiiiue, Stilk's Mi'cr; tlic (fri'Mt Oci'iiii, (liaDiic Nt'r. (iin-so 0<'c'iiu ; llic (iro.it Snutli Sen, (liiissi' Si
MtT (lu Suil. And tlicy aiv annin fiiilhcr (li\ iilcd, and tlir iiortlii ni part ili -i;;!! iicd as Norlli I'ai itic
I'urtie du Nord do la ^Il r du Siid, rarlic dvi Niinl ilo la liraiKlr Mi r, firiiiiil lli'iiiii Ui.ii'al, Ni)iilli>olnT 1
Gdsscm Slid Mi'iTH. Ni.rdlischiT Tlieil dcs Still. mi ,\1<mts N.ndlisclio Siilli. Mcrs, ivc, I;i all tlic
ImwcviT, the I'acilic Ocean, under "lie (jftluse varinii>^ tilli's. in lle^iL;llaU■d -('|iar:ili' Irmii the nea. j
Oci'dii
111 Sn',
(Ici'iin,
lel! iVi
.Maj,,,
Name of Mnjis, 8ic.
Accurnte Charte von Noril Anierika, from
the best snurccR
Map nindc under direction nf Mikhnel
(ivo^ch f, Survevnr of the Slieftakof Kx-
pedilioii in 1730
Mappi uiiinde, liy I.'iwitz .,
(ieecraphieal Atlas nf the llussinii I'.inpiie,
.Mrxanili'r V';steliiiiine
Carte de I'Kle dp leso, rorreeted to date,
by Philippe lliiaehe, Aeadeiny ul
Seieiices, and firo:;raplu'r t" the Kini;
Name of Sen.
Sea of Anadir . . .
KamtHehntsklBches Meer . .
Mare Andirirnm
KaiiilMhatku or Heaver Sea
Mpt de Kaiuiscbatka
I'l'iee of Puhlicalii
St. Petei.<burnh
Berlin , •
St. IVtirshurph
Pmia ■ .
Date.
\
nknonii
17-13
1740
171S
1764
81
Name of Maps, 8cc.
Namo of Sea.
Mullir's Mi'.p of till' Didcovcrios by the
JliKsiaiis 1)11 the Xorth-West Coast of
Amcriea, propnred for ilio Imperial
Ac.iihiiiy of >Scienccs
D'Aiivilli.'s Map of the Western llcmi-
splirre
Map i>f Ileniisphero Septenlrioniil, liyCmiiit
ItcilH'iii, published by lloyal Aciuleiiiy
of Siii'iices
Map piihlished in the '• London Mamiizinc "
Map liy f*. Uellin, I'lngincer of the Koynl
Academy
Xouvelh' ("arte des Decouvertes par le»
Vai-senux Kusses aiix cotes iiicoiimics
lie rAiiierique SopteiitrionaU'; Midler
JilfiTy';. Anierieaii Athi«, priiileil by
11. Savers and J. Hennett
Itnaii Map from Piivis to Tobi)lskeii
11 .ivii's Alias; Map of the Woilil
Map (if tlie lOnstern purl of tli{> Russian
Tiii-itiiry, by J. 'I'niscott
Map iif the .\e«- Nurtherii Archipelago, in
J. von Staeldin Stiireksbur^'s Account of
llio Xortliirn Areliipeloso, lately dis-
covered by the Uiis-ians in the Seas of
KaMil-ehatka and Anadir
-aiir. 1 DuMn's Map "f North Amcriea
','h It nf Ivussian I;isct>verics from tlie Map
piiiil'.shcd by the Ini|)erinl Academy of
St, I'l tersliiir(;h (Uobert Sayor, print-
sell r), pnblislied as the Act directc.
JctfiT)'s Atlas; Chart containing part of
Icy Sea and adjacent dasts of A>.ia and
America; ptdilislied in 1775, aeecirding to
Act nf I'arliament, by Saver and Hennett I
Jflfcry's Alias; Cliiirt of the Hn-sian Dis-
coveries, from Map piiblinhed by Imperial |
Academy of Sci"iices ; published by I
liol.ert Sayer, March 'i, 177,'). |
Atlas, 'I'liomas ,Ieffeiy's (Geo(,'rapher to '
Kiai;), .\iiiericaii ; Chart containing the |
('iia«ts of California, New Albion, and j
tlic Uiissian discoveries to the North I
Map ill tlie I'rencli Encyrlopradia . . !
Srliniiili's Allan .. • . •• |
Jiff'cry's Atlas .. .. ..
fnrtc diT Kntdeknn gen Zwisehen Piberia i
utid Amerika to the year 1781)
M.ipof tlie New Discoveries in the Eastern
St. I'l tcrsbiirgh Atlas .. .. .•
Ilalliliu-el der K.rde, by Hode . .
I'liirt of the North-West Coast of .'Vmeriea
ami the North-Kast t'oast of ,\sia. pre-
par.d bv Lieutenant Henry Unbelts,
miller the immediate iiispeelion of
Caiiiain Cook; published by William
Vuilen
Map of the Kmpirc of Uussia and Tartary,
liy r, I,. (iuUeleld
Map 111 Dis«overies made by the Uu8i<lan»
ami by ( 'apt»iii Cook j .\lexandro Vil-
lircch
Dunn's Atlas; Map of tin' World
UAiiville's Atlas; Map of the World, with
iiiipnivements ; prepared for i, llarrisun,
aH ilic Act directs
Mcaic.' Vovnges; Chart of North-Wesl
t oast of America
("inn of the World, exhibiting all the neiv
discove ries to the present time, with the
ttacis (it the must dislinguislieil navi-
pit.'is from the year 17110, eanfiilly
coilccled from the" best Churls. Maps,
Voyages, Sic, extant, by A. Arrowmnltli,
(ici);jrapher, as the Act directs
Sea of Kamtschntka
.St a of Anadir ..
Mer Dormant . .
Sea of Kamtschntka
Mer df Kamt«chatka and '
.Mer d' Anadir ;
I
Sea of Kanitschatka and
Sea of Anadir
Sea of K.aml-i'hatka .,
Sea of .\uadir .. ..
.Marc Kanitschatkionsac , . {
Sea of Kamtschatka and
Sea of .\iiadir
Sea of Anadir , ,
Sea of Kamt-iliatka
Place of Publication.
Date,
St. Petcrsburgh
Paris , .
Berlin . ,
Jiondon . .
Ainsterdnm
I.ondo'i , ,
Palis
London . ,
St. IVteisbingh
London ..
Kamtschatkischc Meer
Kamtschatka or Heaver Sea
Sea of Kamtschatka .,
Kamtschallia Sea . ,
Sea of Kamtschatka . ,
Ka'iitsrhutkisch ■ ti Iff Uib.'c
.Meer
Sea of Kamtsehatliii . ,
Paris
Loiidnn ,,
St. Pelershurgh
lieilio
London
Xuremlmrg
St. Petersburgli
London
1758
17G1
1762
1764
176(i
1766
1768-72
1769
1770
1771
1774
1774
1775
1776
1770
1776
1777
1777
177H
1780
1791
1782
ITH.'i
1781
178(1
1787
1788
1788
1700
1790
i 1
^M
0?
Nnmo of Map, Sic.
Name 6! Sra.
Place of Pllbliwitlbli.
Dnte.
Cliiii-I nr tlie OriMt Ocoati. or South Hi'ii,
Sea of Kiimfclialkn
Paris
17!11
coiif(irnial)!f to tiio account of tlic vova^ic
ol' (liscovi'vv of tlic Fri'iich frinalcs
'■ La Houssolf " 1111(1 " I/Astrolalic : ' I.ii
Pcrousi"
Kartc <l?s Nonli ii« von Aim riUa ; 0. Vor-tor
Kaiiitsrliatka Sia
licrliii
1791
firfrnouirli's Mtiii in Wilkinson's Atlas
Sea of Kaintscliatka
London
17!)1
Mai) of iliv \(ntl>Ka.stcin part of Silicria,
Kaiiit-'cliatka Sea , ,
Hi. I'otcf.tliursll
1791
tlio I'
Norih-Wostc
, the I'lastcm ( iccaii. nini
cm vJoasts of Aincrica, inili'
catiiif; Hillings' cspciliiioii
Arrowsinitir.s Ma)i of tlic Wdilil.
Charto
Alias of M„tlM
•ika, V. I,. (iuKclchl
cv : M;ip of the Worlil
from tlic best aith.riiic-
IJtis:
ian l*',nipirc in Kuronc am
nl Mai) of
I Asia ■
C'lnirt of X.-rlli America, hy .1. Will, ■
" as Act ilirccts ''
lliillikimel ilia- Knh> ..
Ch.an von Novil Am
fcld
f. r. Dcl.iiaichc's
liv Uohcrt (In \';
ika, In ]•'. L. (lolsc-
Atla
M:
1'1>'
i.lc
Sra "f Kaiiit.-cliilka
Kamtschaikiselics Mccr
Sea ol K:;iiitscl;a'.k,i
K'amtscliatka Ki a , ,
luiliitschalkischcs ^tccr ,
Sim of K'aiiit^p'i .Iki
anlv. iiiclu'iiii'j: iic\
La 1'.
Discoveries of Captaio Cook
Chail of the Great Oc
South Sca.i'onformalilv to the (liM'oveiic
of the I'reiicli frii:
and " L'Astrolahc.'
formitv with the lice
s ■■ La IJonssolc"
nihlishcd in coii-
of the Kieneh
G
National Asscmlily, 17'.ll, translated and
printed liv .1. .lolinson
' ' ' Atlas .. ..;
Map In Vilircchi
W. Heathers Ma
reeiumjiili
cntiilel
Alia
lie l.i Cl
Xoril-OiHst
dc I' An
illy: the dis'
I'ortlock and L)ii
irniiir S('[)tentrionah
ids
of the K'
and
Wilkii
General All;
is : a new -Mcrcn-
tor's Chart drawn <rom the latest (Jis
.Mcr lie KaiiUschatka
Sen of Kaintschatka
Hacino di Jichrini;
Heaver .Sea or Sea of Kailil-
schatki
Map of the World ; (iralieri: .. ,.
JFap Mauazinc, com])osed according to the
latest oliservations of foreiiin navijfators,
corrected to 18(l:i
Jlap of Mccr von Kamtsehatka, with the \ Xleer von K i '.t^eliativa
routes of Captain .los. Illllin<:s and Mart.
Saner, diawn hy I'rcd. Gotzc. to aceom- !
piinv Heport of Iiillinf;s' Hussian Ollicial
Visit to .Vlcntia and Alaska.
Atlas lies (ianieii Krdkreiscs, hv Christian
LoillllHl ,,
Ninnliers; .,
I'hiladelohiu
London . .
Nun rtilicri;
Niiriihcr;^ ..
I'arls ,,
London , ,
Gottlieb Ucichard
Ario'.vsniitirv General ,\tla
Map of Savrilia Sarylscheli
Mier von Ka.ntscliatka
Sea of K'amtschatk 1
North-lvist Se:
Jedediah Mo
journey in the
M:
ip of Ninth .\ii
Rolicrt Wilkinson's (ieiicial .Alias; new ,,
Meicali r s (inirt
Atlas of the liiissian Kinpire, adopted hy the ; Ka'at-chatka or l'ea\ei Sei
oi" Captain I Kiiintschatka Sea ,
.. ,,! Sea of Kainlseliatka ,,
G(
al Direction of Schools
fiencial Map of
els
Golovnii
M
ap 111 l,arcy
Atla
improved to
LiciUcnaiil I'olierls' Chart,
date
Muppeinonde in Atlas of Multe- Jiriiii , ,
Dunn's Atlas. , , , ,, , ,
Karle lies (irosscii Oceans, iiMially the South
•Sea ; Sot/niaiin
Chart von Aincrika ; Streits ,,
smitli's .Map of \orth America ,,
.Map of the Woilil in I'inkerton's /
Map hy L:ipi
"Carle d'.\ii
iVthis
meriipic, leilifjee il aprcs celli
d'Arrowsnulh. en i|uatre planches eti
iiiisc auN ob.seivations astrononiiipie!! de
>L lie Humboldt ; " by Cham|)ioii
llassiii lie Itehrin:;
Sea of Kaiiit-chatka
Kanilschalkisclies Mccr
Sea ol' Kiiinl.sehatkii
Ilas-in dn Noid
liassin lie Itehriiii;
liimdoli
I'arld
I^otidoii
ilainbui)!
Weimar
Loncloii
I'liris
Edinbnrlth ,
Lniidnii . .
Opiicva ,. .,1
St. Peteraliitr^'li
Weiniiir ..
• •!
1791
17!l(i
1 1>M\
1797
1797
1797
1798
1709
1800
IRrtl.
[HOi
1W02
180:1
IRO;!
liOiidnii
• •
18IH
I.cipsic
..
ISIIS
Mofttou
1 SO.'l
r(nul<»:i
■ • • •
|iill7
^ Volvv
lnir;;h , .
lno7
18(17-9
180H
1808
liJOH
!8'0
1810
IKlil
1811
181:i
1812
18i;<
Maj) of Oei .inia, i
Woikl, includin
anil the coast» o
Xei'Ic's (iciieral At
Nicle
>('}j:iil ion Ami" il
* This Chart
West Kuile."
Naini' of .Map. .ic.
93
Nunc of Sea,
I'luce (if I'ublifatioii.
Map nf Oc( aiiin. or lav I'iftli I'.iit of tin-
Worl:l. iiiriiuliii^: ti ]»ortioti of AiiK'ricji
uiiil till' const* of Asia, liy II. Bnin
.\i'i'lu'> (it'iii'ial y\tlis ; Saiiiial anil CiciirjjC
N'^l" . . i
*rh:n't von ATMi-iUa; (Jr(i;r;npliir Ir.stilutc j
Miipiif ilir Woil I, by Von Krn^i nsii in ..i
Knf)'|H"optypo (K* I'Anu'ii.nic ^I'pti-ntrion tie,
by llricii
Sraitli's Oi-iioml Atlas . .
.Vlljcnii'inrvvilt Oliarle. witli Vi>\a.;(' of
(inaid .\lla« Ijiiivcr-el, cliti'd liy C'liez
Df^ray ; .ManiJcniornie, liy Goujon, Cu'o-
Lrraplii r
Atia^i l-'.lenientairi'. by Lapie ol Poirson ..
Aaicriiiuc .StiitciilriiHialv.' et Muridioiiulc ;
Ldiiic
Man Ml 'I'l,nin|)Son'-< .Vila*
rii'iilintx l,ucti>* AthiH ,,
liciciiani anil \'on llaller's (uTiiiun .-VtiuN ., I
Ma:i ill (irrcnolI^ll\ .\tlii> ,, .,
Inlni I'iniii'lini's Ml (Irrn Allai .. ,.|
.Map 1 n;;iavi'il by Kiik\vo.nl and Sons ,,
Chart of tin: Hii^siaii and Kn'.'llsh I)Is- |
roverii"* in iho Noitli racitic ()c:an. by
CaplaiT I'lnit's liarncy, I'Mi.S.
Car!!' iif'i.fvjli: di* r.\in(_*rir|iii.' : J)c La-
ma fi-tu'
fart' ill' rAniiriiiiic Scptentriimali" ct -Mi ri-
liioiiait^ ; Uc'tinon.
( liarl of Ala>lia, liv .1. K. I''.\rii'~ and
Maltc-Hinn
Cluirt of till' Arctic Ocniii and Niirtli
.\nii'rifa, by Lapii*
(arte (jeriiiali' iln (ilobi ; lirai- . , ,,
MajiDriaondi' . 'rmdieii ,. .,
Alias of Im Vo^int* ; M. Carov .• .,
Aila> i;niv,T-ili,f A. 11. lira.' ..
Mappcmnii'ii.' ; lliris'on .. ,,
.Man til illustrate the N'oyage of Kol/cbui-'. .
Fa-liling I,nfa»' .\t!a< . .'
I'iriiiini: Lncas* .\ll.is ..
Aii.tiitjui.' S.'ptintviiiiiaic ; F.apii-
Alla» (.'la>siqui' ct Uiiivcr^il. by .\I. i.apic
Ha'siii du .Vnril,
.. Par
Hca of Kaiiif.scliatlva .
Mcer von Kuint-cliatkn , ,
llaii«in (111 Nord. . , .
Sea of Kanilsclialki
UaAsia dn Xord. , . ,
Basbiii dn X(ail on dc
Hchrinj;
Mcr dc Ht-ijrin^ on l^urisin
dn Xord
8ca of Kamtschfltka
.Mcr dc Hchriiii; nu Bc-sin
du Nord
lla^sin (ill XorJ. . . ,
Itclirini; Sea , . ..
Met dc HcliiinK
.\(cr de Heiiriiifj;, ,
Kea of K init>cliatkii
llcr dc licliriuu'
.Mcr lie liMlnin;;
Sea of Kaiiitseiiatka
Mel de lielii In;.;
Mcr lie R lirin^ on l!a-iiii
iin X'lrd
Sea of Kan.lM-liatka
L(nid<>n ,,
W'eiiinir
St. I'etersbaryii
Paris . .
London . ,
1. ■ ■
Palis . >
Kdinbmyli , •
(laliiqiore . .
Weiiiior
Kdinimiiili. .
I'hilailclpliia
Kdinlmrfjli. .
London . .
.\iilliiMiy I'iiiley's .\l!a-
Atlas of UucUun : Cailcs des Pos»e6.sien» | liassiii dn Xord. .
Uast>es I
Ma|i in I'atl' r'« .\tlai .. .. ..i Sea of Kamlsiliatka
Atlas llistori(|iic de la Sa!?e .. ..j Mcr de Hclirin);
Weimar . . . .
isai
Paris
1821
** ■ • • •
IS'.'l
Philudclpliiu
1H21
Paris , , , ,
1S22
}H-2o
St. rcliM>biirj;h
1 »'in
Philadelphia
i«'j;i
Italtiiiiorc . ,
1821!
Paris
1821
Paris
1821
Philttdclphia
182J
Paris
1825
London
182.i
Paris
1829
Date.
1814
IsU
18! t
iNlo
1813
181.'.
1813
1816
1816
1817
1617
1817
1818
1818
181H
ISl'.l
181<.J
181 'J
1820
1821
U^
m
* Tliis CUarl iil-u Or-inuali 1 the eaast liom Columbia Kiver ^ I'J ) to Cape lilizabctli (60 ) as the " Niird-
Wc-t Kii'itc."
Inclosure (C).
.Vk7/0(I I ';/' "All Ai:l far reijiildtiiu/ tlir Iiitercniirne iritli flic hlinid of .S7. Ilvlima iliirimj
llir timr Niiiiolcoii lUiiiiiiwrlr .hIkiII lif detained tlirri; mid for iiidciiiiilfijiiiij t'rr.ioiis in
the crisi's lliriflii mi'iiliiiiivd (I 1//; April, 1816)."
Section t. And he il furl III' r ennrled, that it shall ai\il iiiav i)c Inwlnl for the (joveriiof,
or, ill his aljsciici-, the Depiiiv (jovernor, of the said Island of i^t. Helena, hv nil neeessarv
ways and iiKnils, to liiiulcr and prevent any ship, vessel, or hoat iVoni fepiiiriiiL:: to, tiadiiiic,
or toiiehiiii; ut .said island, or Imviiig any eotiiiiuinieaiion with Iho same, and to hinder ;ind
|irevet)t any person or persons iVom laiidiiiit upon the said island from sneh ship, vessel, or
lioals, iind to seize and detain all anil every person and [itrsons that shall land upon tiie
said island from tlio siimc ; and all such ships, vessels, or boats (except as above excepted)
64
as shall repair to, or touch at, the said island, or shall he found hovering within 8 leagues
of the coast thereof, and which sliall or may belong, in the whole or in part, to any subject
or subjects of His Majesty, or to any person or persons owinj; allej;iance to His iVliijesty,
shall and are hereby declared to be forfeited to His Majesty, and sliall and may be seized
and detained, and brought to England, and shall and may be prosecuted to condeinnatioD
by His Majesty's Attorney-General, in any of His Majesty's Courts of Record ul West-
minster, in such manner and form as any ship, vessel, or boat may he seized, detained, or
prosecuted for any breach or violation of the Navigation or Revenue Laws of this country;
and the offence for which such ship, vessel, or boat shall be jiroceeded against shall and
may be laid and charged to have been done and committed in the County of Middlesex;
and if any siiip, vessel, or boat, not belonging in the whole or in part to any person
or persons the subject or subjects of, or owing allegiance to. His Majesty, his heirs and
successors, shall repair to, or trade or touch at, the said Island of St. Helena, or shall lie
found hovering within 8 leagues of the coast thereof, and shall not depart from the said
island or the coast thereof when and so soon as the master or other person having the
charge and command thereof shall be ordered so to do by the Governor or Lieutenant-
Governor of the said island for the time being, or by the Commander of His Majesty's naval
or military force stationed at or oft' the said island for the time being (unless in ease of
unavoidable necessity or distress of weather), such shij) or vessel shall be deemed forfeited,
and shall and may be seized and detained and prosecuted, in the same manner as is herein-
before enacted as to ships, vessels, or boats of or belonging to any subject or subjects of
His Majesty.
No. 20
Me^-sj-.i. Lumpson and Co, to VoreUjn Office. — {Received December 30.)
Sir, 04, Queen Street, London, December 30, 1890.
SINCE We addressed you on the Cth September last, the number of fur seal-skins
taken in the Behring's Sea and landed at Victoria has increased to such an extent, that the
total catch, instead of being less, actually exceeds that of last year.
This somewhat unexpected increase appears to have been due, apart from the
favourable weather, to the larger number of schooners engaged in the fishery, and to the
fact that the United States' Government Revenue-cutters did not in any way interfere witli
the fishing operations.
We are informed that Professor Elliott, who has been commissioned by the United
States' Government to examine into the condition of the Seal Islands, in the Report
submitted to his Government speaks of the total extinction ol seal life as being a question
of only a few years, and advocates that no more seals should be killed, even on the
islands, for some time to come.
We have had the honour to point out to you how important an industry, at present
centred in London, depends on the continuance of the sujiply of fur seal-skins, and how
many people, now engaged in this industry, would by its disajipearanee be thrown out of
work.
This industry appears now to be threatened by a new danger of an unexpected kind.
From information received, we learn that the United States' Government, jirohahly with
the view of influencing the decision of Her .Majesty's (jovernmenf in the Heliring's Sea
fishery dispute, will propose to raise the duty on british manufactured fur seal-skins from
20 to 50 per cent, ad valorem. To estimate the importance of this measmv, we should
mention that, for many years |)ast, of the .Maska fur seal-skins aniuudly consigned to
London, no less than 75 per cent, have been boiiLrht for American account and re>hi|)pt'd
to the United States after having been manufactured m i^ondon. Should the Liiiied
States' Government carry out iheir proposal, the skins destined for American consumption
would undoubtedly be manufactured in the United States, with the result that another
important British industry would pass away to a foreign country.
We confidently trust that Her Majesty's Government may see its way to |)iotect
these important British home interests, by arriving at a speedy settlement of the jvesent
dispute.
We have, Sic.
(Signed) C. M. LAMl'StlN .\nI) Co.
65
No. 21.
The Marquis nf Salisbury to Sir J. Pauncefote.
Sir, Frin'i<jn OJ/!ri; Drrnnbur IV), 1800.
I FIAVR received your despntcli of tlio Iflth instant, leportinc; that you had
iijinded to Mr. Hluine a copy of my dcspate'.i of tlie 22nd October last in regard
to my conversation with .Mr. I'lielps on tiie 23nd February, 1888, on the subject of tlie
Iii'liiin;;'s Soa controversy.
I liiive to inform yon that your language to Mr. Blaine, when communicating to him
the ili'SDatcli in question, is approved.
I am, &c.
(Signed) SALISBURY.
No. 22.
Colonial Office (o Foreign Office. — {Received Jitnunnj 1, 1891.)
Sir, Downing Street, December 31, 1890.
WITFT reference to your letter of the IHlii Septetul)er last, forwarding copy of a letter
I'roin Sir C. Lainpson and Co.* respecting the probable early extinction of the seals in
Riliring's Sea, I am directed by Lord Knutsfor-I to transmit to you, for the information of
the Martjuis of Salisl)ury, a copy of a dcs|)atch from the Governor-General of Canada,
tmr.siiiittin;; an approved Minnie of the Dominion Privy Council embodying a Kejiort by
thi' .Minister of .\larine and Fisheries on the statements contained in Alessrs. Lampson's
Ictttr.
I am to recjuest that the inelosures to Lord Stanley's despatch, which are sent in
(;:it;iiial, may be returned, with a printed copy in the event of their being printed at the
Foreign Odice.
I am, &e.
(Signed) K, IJ, MEADK.
Inclosure 1 in Ho, 22.
Lord Stanlei/ of Preston to Lord Knutsford.
My Lnril, Gnvernwrnt House, Ottawa, November 28, 1890.
^\ ITfl reference to the representations contained in the letter from Sir C. Lampson
and Co. to the Foreign Oflice of the 6th Septemlier last, copy of which was inclosed
in your Lordship's despatch of the 24th of that month, to the etFect that there was
likililuiod of the early extinction of the fur-seal sjiccies unless a close season were at once
Ktalilishcd, 1 have the honour to forward to your J^ordship a copy of an approved Minute
of the Privy Council, embodying a Report by the Minister of Marine and Fisheries on the
suliject.
Your Lordship \vill| observe that the Minister contends that there is no good reason
fcr believing that the extinction of the species is likely to be brought about, furnishing
stiitisties of the Canadian catch for the past season, and adducing evidence drawn froni
United States' sources in sujiport of his contention.
1 have, &c.
(Signed) STANLEY OF PKKSTOX.
U2
L9''5]
No U.
K
06
Inclosuro 2 in No. 22,
Jteport of a Committre nf thn Uonouruhi" tlir Privi/ CnuurU, apprnvfid Inj his Excellency
the Governor'GenentI in Coiaicil, on lliv l!')tk November, 1890.
THE Committee of the Privy Council have iiad under consideration a despatch dated
the 24th September, ISOO, from the Colonial Office, transmilting n copy of a letter from
Sir C. M, Lanipson and Company to the Foreign Ollice, under date the 6th September,
1890, on the subject of a close season for seals in Hcbring's Sea.
The Minister of .Vhn-inc and Fislierics, to whom the papers were referred, submits the
following observations thereon : — ■
Tliat Sir C, Lampson and Co. state in eiiect :
1, That ihe total extinction of the tiu'-seal has come within measurable distance, and
unless a close season can bo arranged immediately the animal will become extinct in a very
short time.
2, That as the seals talien by the Canadian sehoaner.s at sea are females and pups of
those visiting the breedini; islands, this industry will of necessity disappear with ihe
extinction of tlie seal.
3, That the fur-seal fishery in Behring's Sea has been a failure this season,
the total catch being far below those of preceding years, although the iishing-vessels
do not appear to have been molested by United States' Government cruizers.
The Minister observes that statements similar to those contained in the paragraphs
marked 1 and 2 above were made b' lore the Committee of Congress in 1889, and repeated
in despatches of the (Jovernment of the United States to the British Government at
different times since 1SS5.
That at the recent Conference in Washington (1890) these allegations were formally
reiterated in a |)aper [irepared by Mr. Mlaine, it having been understood at this time that
the Minister of Marine and Fisheries would put before the Conference the authorities upon
which the Canadian Government denied their accuracy, so that the evidence on each side
might be discussed, examined, and compared.
The Minister of Marine and Fisheries accordingly prepared a Memorandum in which
he, among other things, proved from L'nited States' authorities that the seals were still
frequenting the islands in Hehring's Sea in enormous numbers, and were actually on the
increase. It was also sliown that the seals taken by Canadian sealers in Hehring's Sea were,
for the most jiart, males. Ajipended to the present Report will be found an extract from
the Memorandum mentioned above containing references to authorities touching these
points (marked Appendix " A ").
The Minister deems it important to mention that, after those authorities were placed
before the Conference, Mr. Blaine declined to proceed with the discussion of the two
briefs.
It was then proposed by the British Representative that a joint mquiry into the
facts in controversy should be made by experts on the islands and in thi. sea, and that a
temporary close season should be agreed upon for a period of two years and a-half.
This proposition was also declined by the Government of the United States.
Meanwhile, however, it appeiu's that the Secretary of the Treasury of the United
States appointed henry W. Elliot a S[)eeial .Agent to the Treasury to make an c.r parte
examination in regard to the Alaska fishery interests, under the provision of a special Act
Congress, approved the .5th April, 181)0,
While the Minister has not enjoyed the advantage of perusing Mr, Elliot's special
Report, nevertheless, from tiie press of the United States, and from the leading reviews
published in that country, it is evident that the present lessees of the Pribylov group
have not been less zealous than their predecessors in circulating alarming statements
concerning the fur-seals. Mr. Elliot lias perhaps again concluded that the rookeries are
being ruined, and that his opinions given to Congress before this mission to the islands
have been confirmed.
In the " New York Herald " of the HJth August, 1890, a letter appeared purporting
to emanate from D. II.. James, of the United States' cutter " Rush," dated Ounalaska, the
26th .Inly, in which that gentleman says : —
"A startling state of affairs exists at the Seal Islands Ibis year Tiiis
year the rookeries are almost deserted, rocks that were once covered with seals
are now being grown over with moss The cause assigned i.s that the scaling
fleet, which is now increased and composed of larger and better vessels, has followed the
seals so cle»ely and pursued them so ruthlessly,"
1
9f
This writer adds : —
"It is thouglit the sealers will not catch cnoii£;h to pay expenses."
Ikfuro dealing with such sunsatinnal reports from those intercstid in the maintenance
I of a moiinpoly of the fiir-scu! hiisiiit'ss, it is wtii to note tliat from tlic tirst of the
I (lifcussioii to tile present time not a suijijestion lias heen made hy tlie United States'
authorities that it would he advisai)le to restrict the pursuit of the fur-seal on the
Califoriiiiin and British (,'olumhian coasts, where it is admitted that many seals in pup
I arc ca|)tiircd and killed heforc their tinal departure for the hrceding-grounds in
liring's Sea.
Tiiough the proposition for a joint inquiry into the condition of the Seal Islands was
I not entertained hy the United States, the stati'^tics and reports from the vessels which
proceeded from British Colundiia are such as to lead the Minister of Marino and Fisiierics
to doubt the accuracy of T /)r/r//? reports regiu'ding ti;e diminution of seal life during the
season of 18!)0, and to which Messrs. Sir C. Lampson and Co. draw special attention.
The total catcii hy C'anadian sealers (ilted out in British ("oiundiia in 188!) amounted
|to2",0(JO. The catcli so far reported hy these vessels in 1890 amounts to 39,547. The
catcli ol vessels and sold in British Cohnnhia was no less than 4'^,■i\i) skins. The catch
fram the Siberian coast is reportid to he lar.'c. .ludgino; from reecnt years the catch will
be, at Commander Islands, 1.5, ()()() ; Uohos Islands, 1'>,()(H) ; islands near Cape Horn
and South Polar Sea, 10,000 ; Seal Islands, Okhotsk Sea, 1,000 ; Japan, 7,000 ; Cape of
I Good llo[ie, 5,000.
These statistics, while meeting the fears of all interested in the jirescrvation of seal
life, are undoubtedly alarming to the lessees of the Pribvlov <Troup, who, relying upon
nccuriiic: n monopoly of the fur-seal industry of RehrinL;'s Sea, wcie induced to make
lacontract with the United States' Government, whereby they agreed to pay the enormous
I unprecedented royalty of 10 dol. 2") c. on every seal taken hy them, upon which their
I predecessors and unsuccessful tenderers for the present ka<e i;avc only 2 dol. G'2\ r. a-skin.
It is consequently quite likely that these lessees cannot all'ord with such a royalty to catch
Iheiri'ull (piota of G0,000 this year, and so a reduction of the number actually put upon
Itlie market tends to increase the price of those skins sold. It may not be out ol place in
connection to make further reference to the energetic manner in wliieh those
Jintercstcd in the monopoly endeavour to excite alarm regarding the probable extinction of
Ik-seals.
Mr. 1). 0. Mills, of New York, is supposed to be the most largely interested of the
I present lessees of tlie Seal Islands in 15ehrin'_''s Sea. He does not pretend to expntLknOvi-
llwitcnortohave visited the seal rookeries. An article written by liiniiii the "North American
Review " for September IS^'O is remarkable for the (ollowiiij; extraordinary statements
Iconncctcd with seal life, and unsupported by any other authority than his signature: —
"There is the best eviderice that the |)oaclurs confine themselves almost exclusively
Ito this commercially precious female portion of the herd for tlie male seal is strong
mi alert, and no hunter can get within shooting distance of him, as he can generally
lescape from the fastest boat pursuing them In two or three years most of the
dcs would be destroyed, with their young, and in a comparatively short time t!;e
leniire family would he extinguished They live only upon tisb, and must therefore gc
Itotlie water fur their food. The large fisbinu' banks on .vhieh the I'ribylov seals must
lilopend for subsistence are from yO to <'<(> mile- di-t.mt from the islands, and if the females
pre killed by the hunter there while feediuLT, the pup left on the island, which does not
iteome able to take care of itself until al'tir SepKniber, lo-^es its protector and dies
iFifc-arms are freely used bv the poachers, however, hidecd, that is tbeii eiilct' instrument
|ofslau2;liter, and the etlcct of attacking the herds in the water with llotillas of heats, while
Itlicair is filled with the shar)) re[)orts of runs, is injurious in the extreme."'
I These statements are, in the main, eontradieted by the Reports of the United States'
|*ials, to which the Miinster of Marine and Fisheries refers in his iMcmorandum herein-
plorc mentioned.
The Minister, so soon as the coMununiealion of Messrs. Sir C. Lampson and Co.
|«,is referred to hiui, it onee caused thoriniL;li and earcf'ul investiiiatiou through the
*etor of Customs at the port of V ietoria, Biitisli Columbia, to be made into the
»j
tea ilurm"-
j«perii>nee of the Hritish Cohmdiian scalers who have hunted m
I'iiesfasoa of 1890. The result of this investigation establishes —
That, owing to stormy and boisteious weather in Behrimj's Sea, the prevalence of
Imuch log, and particularly "to a change hy Ike seals of their usual haunts, as lierei.. after
|iii™tioi!e(l, the early sealers of this season returned with a shorter catch than usual.
Vulcuuie disturbances on Ounalaska and nwi^hbuuriug islands are said to liave ueeuircU
\^a season.
(95] K 2
68
Appendix (C)«
Canada, p 314 of
Lviilcncc.
Ibi.l., p. 265.
liiid , p 2G.i.
IliiJ , pp. 20"', 2fi9.
Will, p. 2Cg.
Ibi.l., p. 2C3.
Ibid , p. 28;).
Ibil. p. 215.
App'nilix (D).
Anppiidn (K).
Alipi'ndin (F).
Spprndix (G).
The vessels which remained in the sea, after finding tlie main body of tlic seals on tlicirl
new gronnds, made the best catelics, and nil the masters of the Canadian scalers testify to |
the extraordinary number of seals still fieciiicntinj; this sea.
More seals were found to the north and eastward of the Islands of St, Paul and!
St. Georiie, distant therefrom between -40 and (if) miles, than formerly. Heretofore thevi
liad been more plentiful to the westwiu'd of these islands, and distant therefrom Dboutl
40 miles.
I he old Alaska Companv, whieli now holds a lease of Copper Island, on the Russianl
side, killed no less than 42,()()() .«eals.
The ])resent lessees of the I'ribylov iiroup, itistead of taking 00,000 on the leascfll
islands, and paying; the enormous royalty of 10 dol. S.'i c. upon each skin, took only 21,(i0i)|
from these islands. They, however, boufrht the whole coast and 8and Point catch of tliel
])elagic sealers, at from 10 to II dollars for each skin, and so the price of skins in Loiidonl
is ke])t high.
Apj)cnded to this Report is a Tabic showing the catch of —
1. The Canadian scaling fleet, 1890.
'J. Foreiitn vessels' catch sold in Victoria, showing a total catch of the above (1 anjl
2) for 1890^of 4;3,.315 skins, ^vorth 403,100 dollars, against 3r>,310 skins in m,\
worth 2 17,170 dollars.
3. Names and value of Canadian sealing-vcssels, with outfit, crews, boats, and canoei.l
4. Vessels carrying part Indian crews.
5. N'essels and catch of \"ietoria sealing fleet for 1890.
The Minister ot .Maiine and Fisheries desires to take advantage of this opportunity tol
draw attention to further testimony corroborating the views previously expressed by tliel
Canadian Government upon the subject of the seal fishery, aiul given in the Meinoraiidiiral
to which reference has already been made in this Report. Since the date of that papcrl
evidence taken by the Committee of Congress appointed to imiuire into the relations cff
the United States with Canada has been ])ublished.
James G. Swan, Es(],, of I'ort Townsend, is described before the Conunittci' aJ
a niiin who has given much attention to the fisheries of Behring's tea, both for I
own information and for that of the United States' Fish Commission.
lie produced a Report of the Board of Trade of I'ort Townsend, Wasliiin'tnJ
Teriitory, in wbieli this Chamber of Commerce denounce the closing of Behring'sSeu
a " sjieeies of class legislation lor the benefit of the wealthy few."
Mr. Swan advocated free fishing in the open ,'*ea, and exjilained at lenL'tli tliitl
a valuable Report of his, wlierem he expressed views opposed to those of .Mr. Ellio'J
was suppressed ; and, he adds : " The arguments and assertions of the Alaska ComiiicrciJ
Comi)any that (he lur-seals all go to the I'rihylov Islands, and would be exterminaieJf
il tliai Comjiauy did not have the care and protection of them, would easily be disposed ofl
it both sides of the argument could be heard and the real facts made known.''
Further on he says : " Congress and the country [have] been systematically kept!
in darkness regarding the fur-seal fisheries in Behring's Sea, for those who have had tiisj
information to impart have had an interest directly opposed to imparting it."
Mr. Swan denies there is any danger of extermination of seals, and |)roduccs s«oni
declarations touching the existence of seals at jilaces whieh witness now claims the swla
have abandoned. Finally, Mr. Swan is asked by Senator I'ugh : —
" You do not think it is of any importance to jjrevcnt the destruction of scal<
He answers, " 1 do, on the islands, but not on the outside, because the proporlionl
of seals (hat are destroyed is a very sniall fraction of what the whole nund)er is. Tlicrej
are millions of seals in the Pacific Ocean. You have no conception of the vast niyriadil
of them."
The Statistical Agent of the United States' Fish Commission, Mr. Wm. A. WilcosJ
was askid by .Senator Hall, "Do you think the seal is manifestly disappearing?" aiiJI
he replied, " I have no reason to think so. I think they have been seen this past yearial
almost as iimunierable immbers as ever."
Ml', Swan did not believe that for every seal taken several were killed. He refers loj
to the shyness and mtclligence of the seal, and to the fact that they are never taken «lien|
in motion.
Captain Joshua Drown said as follows : —
(Sec Appendix G).
This testimony, it will be seen, supports the statements of the Canadian sealers
already i)leaded before Her Majesty's (.Jovernmcnt, and afl'orc'y further assurance mq
69
tlie pursuit of seals in tlie deep waters of Bciiring's Sea docs not tend to extinguish
seal life.
The Committee, concurrini; in tiic above Report, reconiinen<l that your Exeeilency be
moved to forward a copy hereof to tiie i'rincipal Seeretary of State for tlie Colonies for
fiilimis.sion to Her Majesty's Goveinnient, and that a copy be also sent to the High
Coniinissioner for Canada in I-ondon for his information.
All which is respectfully submitted for your Kxcellency's approval.
(Signed) JOHN J. iMcGEE, Clnk, Privy Council.
.M'ri-.XhIX.
A]ii>i-iKlix (.\).
Seal Finlury 0/ Jielirim/.i Sea. Washiwjton, 1890.
(Pilgos 41. ll', ;iiiil 4o.)
Mi;. lll''.tiI!(iK TIX(iM\ :i Special ,\,;^eiit of tlio Troa.siny, t,'uvu liis eviili'iuo licfdrii liio same
f -iMiiiitlw, iiMil lie i.s ]>iit fiirwaicl liv Mr. Itliiiiii.' in .luipiinrt of tlio United .States' ccmti'iitidu. (Appendix
\'< Mv, I'.luinc's Ictlei' 111 Sir Julian ['.inMirfuIr, Ist Mnrcli, p. 17.)
('MiiliiMiiii.i! Mr. (lliililnn's (ipiiiiuii, as almve (|UnU'il, Mr. Tin|.^li-' says ; —
• I'rniii Mr. Klliiitt'.s stalrineiit I iiiiilcr.slainl that tlicn- are \w iiiuri) seals now than there were in
IsTl'. 1 am at a loss to know Imw Mi-. Kllioll Ljot liis inlorniatioii, as lie had nut been on llio islands
fur I'nin-teeii years."
'J'lie sainu Mr. Tilij^le in 1S87 icpoileil (c. Si'iietary Viiireliild that —
" He foniiil I lie lines of meiipaiK y eMemliii.L; lieyoiiil those of last year, and the cows f)uitc as ileiisely
)(irk('(l on the giiaind on most of tlie rodkeries, wliilst on two rookeries there is some fallinp-oH'. It in
ci'i'Uiiii, liowever, lliis vast iiuniber of animals, so \ahialile to (he (oivi/riinieiit, are still on the increase.
Till' roiiilition of all the rookeries iimM not lie lietler." (Ap|ienili.v to Jteiiorl, C'oUf^ressional (,'omiiiittce,
ISSS. ],. Jio'.l.)
Ill a lii'iiolt of llie .Vlaska < 'oinnieicial (.'oinpany ("l^tli Deieinlier, 1N87), it is slated that
Ml. I oori;e 1!. 'riiij,'le, the Af,'ent aiipoiiiled li.v the Seeretary of (lie Treasury, snlistantially continns
111. Klliotl in liis view referred to aliove, exieptiiiL: that, iiiioii a careful survey liy himself in 188C, he
i-,4iiii led tlial tlie fiir-seals upon the two islands lia^l iiicreaseil in iiiimher about 2,0U0,UUt) up to that
time. 'Mr. Tiii^de's estimate for ISSii is li„"i:!7, 7.111 (II. li. K.\. Hoc. No. 31, oOili Conj,'res.s, 1st Session),
mill in Deeemhei' the ,\laska Coiniieivial ( 'ominniy, in their lieport, said that the seals were on the
iiimM.«e.
The latest delinile iiiforinatioii appeariie^ ill the I'liited .Slates' docunii'iits re;;ardin,L; the condition
(if the rookeries is contained in the Itejical of Mr. Tin.^le, who, as Sjiecial Aj,'ent of the Treasury
lle|Mil lit, wrote from St. I'lUil Isjiind, Alaska, the I'.lsl .Inly. 18HS, as follows: —
'■ I am linppy to lie able to report tliat, allhou,L;li late laiulinj;, the breeding rookeries are tilled oat
t'l till' lines of measurement heretofore made, and some of them mucli beyond these lines, showing'
(liiiilusively that seal life is not being depleted, but is fully up to the estimates given in my IJeport
111 lfi><7."
l-'rein the above United States' olUcia.ls it is clear tliat, wilh only )iartial protection on tlie islands,
tlio seals have incrciisiMl in an amazing degree. These islands, eoiitaining in 1874 the largest number
iifstals ever found in the history of sealing al any jilace, contain to-day a more astounding number.
When the iiumher was less than half of what il is at present. Lieutenant Waslibiirn Maynard, of
till' I'liited States' navy, was instructed to make an investigation into tin; condition of ilie fur trade of
till' Tiirilory of Alaska, and in 1874 lie reported thai 1 llii.niMI yimng male seals had been annually
Wlli'il in eaeli year from 1870 to 1874 on the islands comprising the rribylov group, and he did not
tliiiik IJMit this diminislird tin numbers, l.ieiitenant Maynards liejiort (44tli Congress, 1st Se.s.sion,
II. IJ. Xo. 4.'?), as well as thai of Mr. I'.ryaiit in 18ri!t (Kx. Dm. Xo. .'ll.', 41st Congress, L'ad Session),
lari^ii-ly siiiiports the conlcntion of the Canadian tlovernmcnt respecting the productiveness of the seal
ami tlicir habits during llie breeding season.
It is not lU'iiied thai seals enler Bciiring's .Sea for the ]nir|iose of iesor,liiig to the islands to
)il(iiiagate tlieir s|iecies, and because the immense herd is cliielly conlined to tlie islands tor this puqioso
iluiiiig tile liiecding season it is that the seals havi' .so constantly increased.
N'olwithslandiiig the lax ellorls on the |iart of tiie rniled States to guard or iiatrol the breeding
isliiiiils, the dilliciilty of a|i]iriiacliin.g the rough coasts thereof, the prev.d 'iice of fogs, and other causes,
liiive in ll large degree prevented too destructive or too numerous raids being madi^ upon the
tonkories.
'i'lie Canadian (lovciMnicnt contends that while seals in calf are taken on and off the coiusts of
I'lriti^li Columbia and California, and also during tlieir migrations near the Aleutian Islands by Indians
mill /Mciic the bulk of the .seals taken in llie open sea of that part of the I'acilic t)eean called lieliring's
i^^i'ii llie bulls liotli old and young — but cliielly young— and that must of thecowswheii taken lire known
K' "dry cows," i.e., eows that have nursed and weaned their young, or cows that are barren, or those
tlwt have lost pups from natural causes.
70
It must nlso bo noted thnt tlicro nrc uioro females tlmii iimlea in (i hoard of seals, (" Trip to
Alftska, " Wi\nliiii\ii, i>. 04.)
Till' |>ii>iticpii l.ikiii l>y the ('iui;ii'iiiii (lipvi'iiiiiiciil is .Hii]iiinrle(l —
1. Ity tim liistiiiv di' tlic iDokirics iin iil.ovi' ^'ivcii. iiiiil lliii «'"«'■ iucrcaao hUowh despite tlie
constii.l k.i!i..: .'i"l mid.s ii|i'.ii tlir isluinl^ (lining' tlic jiasl ci'iitnry.
'J. IJ) till' iiict tliiit till' ill ImlU lliiit liavc 1 1 iilile to lioM llicir |iHsitiijn on tlit^ rookciii'H ^n into
the WiitiT ,it (lie I'lid kI' tlic iiittiiii,' simhoii lnlwcni tin; 1«t iiml lotli Au^;iist. (II. 1!. K.\. IJik\ No. 83,
44tli (^lll;:l■^■^^, 1>I Si'-sioii, AiiiK'iiilix, |i, KU.)
Mr. Clark, op tin' .\ntaivti<- -ioal lislKrii-i, in "Tin' h'isIn'rii'H ami Fl^liciT IinlustricH in tlii! rnitud
States," 1SS7, !>)'. r-':'>-4L'4. siys :—
" In v.'ry stormy wtatlu'i". wlii'ii liny (the seals) mo diiveii intn the son, they nre forced to I'ctiiki^
llienisi'lves to the sheltcri'il siih; of tin' islaml, hem'i' llir nn'n lind that stormy weather jiays the';, ost.
Two or three old males, ternn'il ' lieaili m.Tsleis,' hold a lietti'li to themselves and cover it '.vith enwa,
Imt allow no other males to hanl n|i. The males li.,'hl fiirioii'dy, and one man lidd me that he had .seen
an old m.de lake n|i a yiniin,'er one in his teeth and ihiow him into the air. The males show ti^ditwhen
\vhi]i]^eil, and arc with orcat dilln nlty driven into the sea.
•■ They are sonn.'tinies treateil with horriMe hrutulity. The females oive birlli to the yonn;,' soon
after their arrival.
"Alter leavini; the rookeries (he ladls do n il retnrn In ihcni af,'ain thai .sea.soii."
;>. Ity the tact that two-thirds of all Ihe males ihat are horn are m'ViT |pei'mitted lo land njioii the
saiae '.'roiiinl with the feniides. This lai^^e liand of K.n'helois, when it visits land, herds mile away from
tlie hrcedin,i;--r.ainds. (\V, 11. Kllioil, ||. 1!. No. :iS!j:!, .MUh ( 'on'jres.s, p. \]2.)
They are driven olf inli) the water. (Clark's article on .Vnlarctie seal lishery industries of the
United .'^late.s, section ,">, vid. ii. 1S,S7, |,. 4:il.)
Yimn',' seals are iirevcnted from landin'.; on rookeries. (Kx. IVic. S.I, 44th Coni,TC.s3, 1st Se.-.iun,
1). '_'3; see' .also Klliott, II. 1!.. 44th Conercs.s,' l.st Se.ssimi, Kx. l»oc. No. 8;!.)
Yearlini; seals airivc aliont the middle of .Inly. aceoni|ianied hy u few of the mntuve ; Ics,
remaiidno a oi-,,ater part of the time in wafer. (11. II. Mclntvre, 41st Congress, L'nd Session, II. U
Xo. r.i'i, ]'.. 14; also H. I!. Kx. Hoc. No. 4:!, 44th Con-re.ss, 1st .Scs-sinn, )). 4.)
Mr. Saninid Falkner, Assistanl Treasnry Am'iil. writiie.^ from St. (leor^e Lsland, Ist August, 1873,
to Mr. Hryant, Treasury Ai;ent hir the Seal Islands, says ; —
"I imtice on some of the rookeries the ]ias.sai,'e-u : Formerly occupied hy yonng bachelor' in
hauliin.^ upon the liack-urnnnd are completely hlocked •.u: ii'. remalcs, lluis ]iroveiitinf,' the. yoiiiii; seals
from landing, and as the Greater jmrlion of this island ■'!■ ' is composed of hioh elili;'. u .. mlers il
tliflicnlt for any great number t.o elfecl a landing. There are nlso numerous old iiiiil.- 'Htantly
gmirding the shore-line, which makes it still tnoic dillicnlt I'm lln' young iiiu's tii work the:; way on the
back-griiund,"
Then, again, it ninsl be remembered that the nmi-breediug seals, consisting of iJl the yearlings
and all Ihe males under li or 7 years of aye, nearly eipial in number the breeding seals; and
Mr. Klliott estimated, when there Well' 4.71111,(11111 seals'on the islan:ls, I ,."(MI,lllll) of this numlpiruvre
non-breeding seals. (KlliotI, Appendix to H. I'. K\. Doc. No. ><'.\, 4 llh Congress, 1st Ses.sion, p 7 ! ;
On thick foggy days bachelor .seals, nnndiering over a million, will often hanl nut on ililtcunt
Imuling-grniunls, and on the recnrreine of fine weather ilisa[ipear into the waler. (Klliott, \>. 144,11.1!.,
44th Coiigress, 1st .Se-sion, Kx. I Inc. No. .s:i.)
Tl'.e yoimg bachelors do not remain on .shore long at a time (|). -1, 14th ( ii;;.;ii;.ss, l.st Scsdion, Kx.
l>nc. No. 4;V). They are so numerous, howevcv, that llnaisands ii he seen upon the hauling-ground.s.
as all of them are never either im shore or in the water at the sanu' time, (iliiil., p. 44). l!y the fact
that the cows remain with their jaips and suckle them until all have left.
They do not go on the rookeries until I! years of age. (II. il. Kx. Iloc. No. 41!, 44th CoiiffTCSS,
1st .Session, p. 4.)
They do not go lar from .shore milil the young are reared. I'eron says that both parent elephiint
seals slay with the young, without feeding at all, until the young are or 7 weeks old, and that then
the old ones condmt the young to the water. (Clark's article on .\ntarctic .seals, ji. 424.)
The young an- suckled by ihe h'males for some time and then left lo Ihem.ielves lying on the
k-aeb, wheii' they seem to grow fat widiont further feeding. ("The Kisheries ami I'ishing linhistries
of the United States," .si-etion "i. vol. ii, 1S,S7, p. 4L'4.) For this icason, those that are pupped in .Tunc
are olf in the water in August.
So also on the African coast the seal remains until the Voung can take care of themselves, {fbiii,
p,4i.;.)
The bulk of the .•-eals are confined to the islands until ice surrounds them. (II. ]■', Ex. Doc. No. 43,
44th Congress, 1st Session, p. 2.)
The seals never leave their jilaees, .seldom sleep, and never (Hit anything from May to August,
when they take to the Wiiter. hut, it is hidieved, take no I'ooil until their linal departure in Noveuiher.
(H. H. Mclntyrc, II. Ii. Kx. Doc. No. :!(;, 41 st Congress, 'JnM Session, vol. v.) Mr. Kllioil says
'■ I'erhai.s .she feeds" (p. U'.O of his liejiort on Ala.ska). ' (1,S74, II. U. Kx. Doc. No. SS, -hlth Conglvs.s.)
The bulls while on the island prevent (he mothers taking lo thi^ water. (" Marine Mammals," iiy
Cnptani Shaiuion, Uniled Stal<s' h'evemu! jMarinc, 1S74. ]i. I,"':;.)
l'"rom the Hllh lo the 2"ith .Inly the rookeries arc fuller than ai, any other time during the season,
as the ]iups have all lieen born, and all (he hulls, cows, and pujis remain within llieir limits. (II. IJ,
Kx. Doc. No. 4:1. 44th Congress, Ist Session, p. .'!.)
It has lieen shown that when in thi> rookeries nmlbers were destroyed, the yonng were fuimd
dead. &e., bet I'rofessor Elliott, in reference lo the I'rih^lov Islands, says; —
" AVith the exception of those animals which have received wounds in combat, no sii. or dying
seals uro »eou upon the isliiud.'j.
Ejtine/ from Ic/lir
71
111 a|.'c
Dt'i nf tho jirpftt numbers — tlmnsftniln npnti llionsdiids — nf sonls tlmt must dii' every yeiir fn
(. .I.iie, not one liiive I ever seen licie, I'hey evidently jjive ll|) their livi") ilt seu." (lIi.^ llv[>'
'S7t, 11. K. Kx. Doe. No. %;, 4Uli Cuiigicsa, p. I,j0.;
nil
■un
Api)oudix (!!)•
lUinet from Lctlfr fnim Captain Siiloiiinn Jriiiih}i,fivia on loni'il tin; f^chooncr
'/'oirnKtnil, ll'iixinitiiliiii, Miii/ tl, 18H'.),
'Mollie Ail'<iii!i" Vnft
AS I intend to s,- '. lo-dny on a voyie^e norlh tor lisliinn mid sealini,', 1 almll not be alili' to si'O ymi
reijarilim; tlu! MslierieK of tlie North I'aeilie Oeeioi, l>eliiinj,''M Sea, and .Vla.skan waters, 1ml will rel'er
KUtij .hitnes (i. Swan, Ksii,, of Tort Townsend, who lias '4iveii nmre attention to olitainin^' infornuition
ji«iul tlii'sii tisherie.s, both Ibr his own .sati.slitetion and for the I'nited .States' J''ish Coiiiniission, with
I KJioiii lie liius eorres]poii(hHl, and acted ever since it was tiist formed, than any iiiiiii 1 have seen on the
iVilic least, and you can rely entirely ii|ioii the intornialion he may j,'ive yuu.
1 will also refer yon to Mr. .loshna liiown, of Salem, Massaiiinsetis, owner of schooner " lleiiry
tanis," who is now here; also to (,'a|iliiin biveiider, of schooner "Henry Dennis," who can irive
I afumiiition regarding the fur-sealu iit l.'aiie Horn, as hu has recently arrived from there.
RcUtiontiritbCMril],
p. 3U.
Janifn G. SvHiu,
Miriiig's Sen must bo declared free and open to all our eiti/ens exciiit tliR adjiucnt waters to the Il.i.l., p.
livluv Islands, which should not exceed ill limit the distance from the s'..Mres of tlio^e islands of
1 ;iii;iriin' league, inside of which limit the seals should be [preserved during the months of breeding, as
luiiiiiii.; to ile> rookeries owned by the United Status, but outside of that limit the waters should lie
r t'l nil of fair citizens.
• ••«•••
205.
Ret roct from llrpirrl of Ijonrd nf Tr<ii!c nf I'nrt Tomivml,
\Vc do not helieve that the liMi.se of the " I'libylov l.slands and .'ul,jacent waters" ever was meant
liutcuded to miNili tlu' whole waters of lichring's Sea, but that the limit of I marine league from iho
iu.M is the iveognized limil, outside of which the waters are known to the civilized world as the high
I Kij, where lair citizens slioiiM be encouraged to pursue their avocations of lishing and hunting;.
It is shown by the lieporls ol (iovernment ollicials in the publications of the Tenth Census, that
lllieili.'struetion of lish life by seals, seadions, and other animals whose sole food is fish, is very largidy
lit Mass of the amount ot lish taken by the whole of the lislicries of the I'nited States, and to
jpnta't these ravenous niiiinals is to cause the destruction of eiioinious quantities of nutritious food
liliidi should be utilized as a menus of sup|iorling the lives of the millions of people in these United
Tliu Cliamlier of Commerce consider that the order of the Ooverniucnt hy Act of C'ongres,s clcsing
|'.«l!i'hriiig'.'! Sea is an Act not for the beiietit of the peoiile to secure them a cheap artich' of food, but
■ i^r the .sole benefit of a simple monopoly, to enable them to sujiply articles of luxury for thu
|!i.'iiioiiahh' clothing of the rich.
We liclieve this ,\et of Congress ir, ho n species of class legislation for the benefit of the wealthy
J!r»'. and us such is opposed to the jirinciples of sound public policy, and we [irotest against its further
I i"iiliiiuiini.'e.
IbiiU
tTciiirn G. Swan,
III rejily to a communication received by me from tho roimnittee on lichitions witli Canada, Ibid., p. 26
|'"i.Vr date of the 4th .-\pril, l.SH'J, inviting inforniatioii from iiie on the general subject uf their
jKi'siigations, and especially to the fisheries of the I'aeific coast, I have the honour to sulimit the
■ •-'lowing ; —
On the 26th November, 1879, I'rofessor Spencer F. Baird wrote me from AVasliington : " I should
I* very glad to have you undertake the work of crdlecting the tishery statistics for I'uget Souiul Vour
|»!port may be n.s you choo.sp to niake it, particular attention being paid of course to the statistics of
pp'.iiri' iind yield. . , , Of course, I should wish you to take up the local seal fisheries as well as the
AiM'S." Acting upon this invitation. 1 prepared and forwarded to I'mt'essor Haird a Itejiort on the
U'-nA fi.shery olf the entrance to the Strait of Fuca and west coast of Wa.shiiigton Territory, which
I'ii sent from N'eali ]!ay to him by mail on the L'Ulh .Inly, LSSO; also a j>'.per on the fond tislies of
■y Klaltery, Washington Territory, September ISSli, and an exhaustive niouograph of the halibut
r^'»v uf ( 'ape Flattery and I'uget Sound, under date of the 2litli Octolier, l.'^.SO. '
1 On the Kith November, DSSO, I received at Neah I!ay a. letter from I'rofessor (1. Brown (ioode,
I Std Washington, li'.Uli Dctober, 1880, in which he says: "Your lieport on fur-seal ii.shery is at hand,
|Wi,s (if l^x^^^\\^ iiuportanee to us. I am very inuili siu'iirised at the extent of the business in your
l&lriot." This Iteport was attacked in a most virulent manner by Mr. Henry W. Klliott, who, like
% had been employed by tho Smithsonian Institution to make investigations on the habits of thu
Ki'latioii Willi Cuailt,
p. 2611.
Ibid.
IblJ.
fuv-scnln. Mr. Klliott, in Iiis liopoil an tlui souls of tlip Pribylov Islands, suys (lie pups of tljo (\n-<!ci\\
cannot swim, Imt will sink like ii 3ton(! if thrown into the water. I sliowocl that the ]mps of tin. fuj.
apiil at Cajic Flatttny do swim as soon ns horn, anil aililurcil jivoof lo show that in this rcspi'ii tin' siy.M
of CapR Flattery ilill'cr fmni those of liehriny's Sea. This stalcnient of ininc^ was in iliirrt npiiusitji.u
to the statements of Jlr. Klliiat, and eonslantly reiterated hy I lie Alaska ( 'ommenial ( 'oni]iaiiv inr\'„".
pnst twenty years, that all the seals (jf the Xorth I'aeilie ^o to l'elirin^''s Sea, and eonjirepue ]iniii'i|i;illv
on the I'ribylov Islands. Tlie remarks of Mr. Klliott, which ran he fonnd in " A >haini,'ra|ili of thi;
Seal Islands of Alaska," a sjieeial lUdletin Xo. 170 of the riuled .Stales' Fish Commission, 1SS2, p. p>;^
were so ]iersonally offensive to me that I remonslraled witli Professor I'aird for allowinj: the ipliji.iti.in.
able piira^,'ra)ih to be pnljlished, and by his rei;nest I ]ire|)aivd another pa]ier on the fnr-si'al, wliirli wus
]inblishe(i in the linlletili of the I'nited States' Fish Commission, IHSli, vol. iii,lip. l.'l)l to 1-'U7, in wliieh
[ ]iroved by various witm-sses, (iovernmenl olhcers, mastms of sealinn-vi'ssids, white tridiTs, nnd
Tmlians that I was eorreet in my assertions contained in my Ifeport of IH.SO ahovi^ referred to.
'I'he.se Kejiorts of mine, althongh pnblished by the (iovernment, seem hjr some, reason to k
.systematieally kept out of si;,dit whenever information regarding' seals and the fur-seal fishery i.s dusiivil
by Members of (.'ongrcs.s.
The arguments and assertions of tlio Alaska Gomniercial Coin])any that tlio fiir-Hcals all uu to tlie
Pribylov I.slands, and would be exterminated if that Company did not have the care and prolcotiini nf
them, Would easily be disproved if both sides of the arijuinent rould be hcar<l and the real fui'li 'imd'
known.
J wish to make no eharj^e a},'ainsl the Alaska C'onniiereial Company. They are a conuiieri-'ial
ori^anization, and they follow out their true instimts to m.ake all they ean out of their very pmfitiililc
lease. They are only rrpeatini,' the ]ioliry of the Hudson's I'ay Company, whii h for nmn' tli;m
lUO years deeeived the liritisb Parliament by the same arguments now usi'd liy the Alaska CiiiiiiaiTii;il
Conijiany, until when, in l.H.'iS, they applied to I'arliiimeiit for a renewal of their Charier, tliosi' \vi>>
and far-.seeiiif,' statesmen, lloebuck, Ciadstone, Lord liury, and Sir !■'.. II. I.ytton. exposed tia' •linllniv
sijphistry of the pretension.s of that Company ami a renewal of their Charter was denii-d tlnia.
- - • ' • • ♦ •
in the fur-seals of Cajie Flattery in IS.SO was published by the tiovi'i'iiiiii'lit
in the Fisheries E.xhibil of the Teiuli Census, and sneerinj,dy eritiei;:eil by Flliolt, as alluded to, I li.iv.;
been unable to proraire a single copy, although I have madi- diligent seairh in all the Voluini'S nt iL
Tenth Census liejiort
In like manner has ('ongress and the eiumtry been sy^t
fur-seal fisheries in liuhring's Sea, for those who have had
interest directlv opposed to imparting it.
» " • • • ♦ •
It is eonstantly a.s.serted in Washinizton that the indiseriminale slaughter of seals will eximiiiiia!-
them, and eases are eited of the Islamls o( Massid'nero, l.obos.and otia'is n\i the I'aeilie eoa.st, wli'.'ie ll?
slaughter by erews of vessels from Kew Fomloii, Conneelieut, and other l.'ew Faigland ]i»its ha
entiroly exterminated the fur-seals at those islands and at Cape Horn. I assume that fur-seals caa ii'i
more be exteriidnated than herring or eodlish. They navy be driven oil' from a rookery, but tiny up
not externiinatiMl ; and, in ])roof of my assertion, I re^jiertfully ask permission to lile tlie swiaii slut"
inents of Jiiehard Duiaiis relative to the fur-seals of Cape Horn, and of FMward Thomas l!igi;.s ivlnlivn
to the i'ur-.seals of the Falkland Islands, whiih I have respectively markeil " F\lubits N'o.s. 2 anil :i,'
The statements show that the fnr-seals have not been exterminated at tho.se ]ilaees, but are taken i:i
consiih'rable numbers every sea.son, and, although at one time were almost ilriven entirely away, air
now returning to their former haunts.
« •
Allhou;;h my Ueport i
■matieally kept in darkness regurdia'.' [].•■
the information to impart have liiul M
Appendix (C).
lir.r.M'iruLATlON (1889).
Ciniflt Cftlrh.
Dritiiih .,
Aiiicrionti
licrmnn . •
12.16.1
1!,.1IS
Graail total
15,n:'l
HiliriitgV I
hi-u.
l.'),l'.»7
.'l.iaj
l.4tll
:;M,.if,i
27,!li>a
5,721
1,701
:i.-,,;is
Total value, ut 7 ilolliirn pir skin, ■J47,'i71 ilolliirs.
T.\
(J.MUll oi Ciuiuiliau Si'uliii;; K!rc-l, IS'.iO.
Name.
Bpri.iff
Ca'ch
Sand Point.
llehrinj^'a
S..a.
Total.
MarvT.iYlor ..
101
;ii>2
592
9S8
I'athfinder (Pioneer)
2:15
716
984
1,935
\'ivn . . . , , , , .
■i(ii
4;iti
•2,015
2,713
Trumipli .. ,,
182
1,018
473
1,673
E. li. MRTTiO,.
.irix
878
918
•2,164
Sapphire
irj
1,378
745
2,-242
V. H. Tunp»r , .
571
796
1,367
K.t,..
i.'iA
511
'230
897
FiiToritc . .
3.16
(181
1,116
2,453
AiiMrn .. ,, ,, .,
iM
797
961
Heatrice .. ,, ., ..
22i>
710
854
1,781
Kntheriiio .. ,.
380
3C5
945
i,6;u
l.iiy
r«
, ,
500
6W
Hfiie]o(»6 ,. ,; ,.
us
578
445
1,171
\V. P. Siyward
IM
339
459
952
Mutfi^ie Mac .. .« ..
1,200
752
1,952
Juaniu ..
»7
311
770
1,178
A. C, Moor.!
90
703
630
1,423
TlifireBa .. .. ..
173
569
450
1,194
Ariel
tin
.349
1,137
1,706
Mianii'
.100
764
1,467
2.531
Sea Lion
254
817
774
1,845
Wattpr L.Rich
in
503
633
1,317
Ocean Helle ..
, .
940
480
1,426
Wanderer .* ,.
82
,,
S%
Venture ,. ,,
<J4
, ,
,,
94
Mar) Ellen ..
115
951
,,
I.UGA
.Mountair' Chief*
liU
,,
60
Utitia* ,, ,. .. ..
;o
• •
1
70
4,1150
ic,r.-i2
; 18,165
39,547
• Indian uwiiiTE.
KoKKiGN Vesflols wliofle Catcli was sold in Victoria.
Naims
i'oaril Catf)i. UebriiiK*^ Sea.
Anierii'jtn —
Miitti.'T. Oyer
Hiin iJiegi) . ,
(tcorjii' A, White
Hi-nry UeDiiU
Vi'uture ,,
(icrman-
Atlcli'
74
74
^,
579
579
400
400
..
1,.500
1,500
• ■
564
564
74
3.043
3,117
230
431
651
.Spring cati'h
Hand Point..
Ilebring'l ii«a
GftA.'VD ToTAl
4.944
16.732
»1,639
ToUl
43,313
Skint.
Spring rati-li ..
Onaat or Hand Point ratch
Bt'hriDtf'a Si-a i-atrli
4.944
16,732
21,639
13,3)5
Per Skin.
Dullara,
1ft
11
12
Value.
Dollars.
49.440
lH4,o;i2
259,068
493. UO
T.itnl catill of ll.-et for 1890
II I. 1889
lliilaiiee in favour of 1890
13,315
35.3IU
Value.
Dollari.
493,100
247. iro
245,890
[95]
L
74
1890.
Value of Canadian Soallnf; Vessels, witl> Outlit, also slinwins Tonnago, Crews ranicd, ami viilue of
Jjoats and CiinoeH .■ii'iniralclv.
Name.
j I Owners.
Ton ■.
Value 01'
Vessel,
with
Outlit.
Number
(.f
Itoiits.
Value of
lloals.
Nuinlier
of
Canot'8.
Vnluo of
Number
.if
Men.'
Dollars.
Dollars.
Dollnrc
C. H. Tuppcr*.
.. Walker and (lo... ,.
!)!)
13,0110
7
700
,,
..
23
Viv«
■ >i Came and Munsie ..
!I2
12,000
fl
liOO
,,
,,
23
Lily..
.. W. Hams
Oil
H,.'iOO
1
lOO
S
W)
■>:<
Ariel ••
,.' .*;. W. Ituckinan
90
9,0011
1
100
11
TiOn
2S
Sea Lion
..| S. Collins
,'iO
7,000
5
500
,.
,,
IK
Mary Taylor . .
..I ('arne and Munsie
42
8,000
1
IIUI
10
600
23
Annie C. .MiK>rc
.. Iluchetl and Co. ..
113
15,000
7
700
,.
,,
22
Waller L. Kiili
.. Cameron and Monro
TJ
7,000
C
llOO
,,
20
AdMe
.. UatZiinclCo. ..
50
5,000
c
000
,,
.,
is
E. li. .Marvin ..
.. Marvin and Co...
117
12.000
7
700
,,
2n
Kat...
.. C. Spriinr
5H
4,000
5
500
ii
TiOit
27
Pioneer (Falhfinder)
., Came and Muniiie ..
ec
10,000
5
500
• •
20
Favorite
.. t C, Rprini; ..
G4
8,000
, \
13
500
32
Ocean Mle .,
.. K. !lallandCo.
S3
10,000
7
700
, ,
,,
23
Theresa
,.' Itabintfton and Co. .,
03
10,0110
7
700
,.
.,
23
Sapphire
.. .Marvin and Co.. . ..
VH
14,000
1
100
IS
900
12
Triumph
... Ditto ..
w
14,0011
7
700
,,
,,
2.1
Ma),'gie Mac ,,
.. DodandCo. ..
70
10,000
725
,,
,.
20
Jiianitd ..
..J. Kinsman ,, .,
49
0,0110
1
100
9
450
22
W. F, .Sayward
. . ' I..Jing and .Mof^s. . . .
59
8,1100
1
100
K
400
22
Kalhi'fine
.. ' J. .\. I'ennev .. ,.
81
5.500
1
100
lu
500
1 -^
Heat rice ,,
.. ! W. (irant ' ..
nii
7,000
,.
,,
\2 .
BOO
1 29
Mary Elh'n ..
.., M. Moss
73
7,250
7
700
• •
,,
: 23
Penelope . ,
.. i Ditto .,
09
10,000
5
500
,,
i 22
l^Iintiie ,,
., V. Jacobin
40
8,000
1
100
H
400
21
Aurora . .
.. J. llandd
11
8,000
1
MO
10
500
' 21
Wanderer , ,
, . II. Tax ton and Co.
32
5.000
1
100
H
400
! 29
Venture
.. 1). Urijuhardt ,.
48
5,000
4
400
,,
,,
15
Mountain Chief*
.. .1. Ilawassund ..
23
1,000
, ,
,,
4
IGO
III
Letitia*
. , 1'. Uuaehatnni . . , ,
28
1,000
••
.'i
200
12
Totals
2.042
2<8,250
107
io,&2:)
145
0,910
o;s
• Irniiau scIidoiuts.
Till' fnlluwiTiiT immfid Schooners carried jiart Tndtnii Crows (1890).
Namus.
ImliallH.
Katherino .* :.
20
Beatrice .. ..
24
Miniiir
24
Aurora
20
Knt.-
24
■
I'avorite
24
Mary Taylor
20
Ariel
24
Sapplitn-' . .
.■to
Wamlf-Tcr ., ,.
10
Juanitn
10
W. r. SiiywanI
28
Uly
20
Aeiiturt: .. ,.
le
AilMe
12
Total ..
..
•
324
V. ilnw Olr l!
'I l.lli' yrul's tllcN lii
■ly, so llial wlii'ii
I Kivlliueni aiiiiiuils.
Q. Wlion llirv
7fi
List of Vessels mid Catch uf Victm-ia Sciiliu'' l-'luul f..r ISSfi.
Vesrtcls.
British —
PathtiiidiT ..
Ten-sa . .
Viva
Annie C. Muot
Ponelopr . .
Sapphiri' . ,
Onwards .,
Juanita
Mary Taylor . .
Minnie ,.
Wandt'nT , ,
Ariel
Lily
Black Diiimtind
Kat.'
Favnrite
MuunUiii Cliief
Sierni , .
W. P. Havward
Winifrcl ■ . .
Dratripi'
Mae);ii> Mac . .
Trlunijili
Amcriinn—
Waller Ri.li . .
S;ni Dl.i;.. ..
.1. lUiiiiUon LcAis
Vi'Uturi*
Alirr I,. Alsir
IK'iiry D-'iiiiia
Liiitii'
Mollio Adams
IVs-ii.' Butl.-i-..
Coast Catch, i Belirini;'3 St-a,
9ia
482
1,4HI
802
:IHI
l,.'ICt
Klli
I3r.
717
2110
178
B41
281)
629
1)21
:(40
210
S(J
.');') 7
22
.•.01)
12,4(;,i
1 , 1 1 Ti
I'.'.l
212
317
IS
240
18
S28
2,882
I, .'II 8
l,79li
1.C2G
"20
'fiOO
844
71
.jj
800
1,704
1,043
■no
1 ,290
700
i;2.-i
i.:i:i.i
:i,io3
Tola
oeo
l,.ilo
o,li4.1
2.1211
2,180
2.'J'Jll
8lli
101
717
700
178
1,118,-)
354
1)81
1.121
2,1111
210
80
2,200
22
1.200
2,0li7
i.ir.i
i;u
212
;'.17
ris
ir.'j
l,.-i.V!
I,1<j1
1,701
.\l'liOMili\ (I)).
^f|■. Jmil'S a. ^ini,i'f KriiliiM,
(,'. TIml is llii: |iiiiiil ill my c|ii('stiHii. Vim .»ay lliot il is iml U'lu' ilml I'l; rVfiy mm! l.ijifii liy Ro;ation««itliCauada,
-Imriuoii .several are killi'il '. — .1. I ilo iiiil liulieve il ; I liavu im uviili'ini' uj' il. p. 281.
(,'. llii yi.m mil lliiiik a ^'rriil iiiaiiy miO'O aii' killi'i' lliaii 1 1 icy jxcl lln.' skins nj'.' — ,/. Xn, 1 du imt ;
liliiiik llicy .say .sn. ami 1 kimw lln' Alaska Cioiiiiirri ial l'iiiii]iaiiy will tir to have ymt liclievu .sn, jml
ill lilt; I'viil'i'iici'' I have rnmi llu' -I'lil' 1 is ilirciilv in lln' iniilrarv.
» * • " » » » •
.V|il)..'mli.\: (!■!).
','■ liiiw art' lliiisc .seals laki'ii al I 'ape (•'liilU'i-y .' — A. Musi nl' llieiii are liikeii liy the Imliaiis, bin
I "flail' years llicy liuve lieeii slimiliie,' llieiii 11 'jiumI ileal, ami, as a eoiiS('i|iieiire, .M'ak liavi' lieiMi very
'ly.wllial when lliry mc a huiil or canur i omini;, they will j^'el 'Hil uf lln.' \v,iy. 'J'hey are very
I i:''lli2''n( animals.
(,'. When Ihry are .slml, are Ihey ahvay.s hrnn^'h!, iwlinre .' — A. Ve.s. .'^ir.
Ibid., p. 2S 8.
Ali|ieniii\ (l''j.
Mr, ■/(tiius a. Si'Vnit Ji'rutiJui:
Tiny are iic\er lakeu in nmlion.
tM3
lliid., p. 38«.
LS
7a
BeUtioni withCtnadi,
A]ii)cniiix (('■).
('uplalii JonltiM Browit'n Evitkncc.
LKT t)ic (idVermufnl jiliU'e ])ro]ior jh'iiijIc' nii llmse isluiuls, iiiul csliiMisli ii]ioii and clnsn riiniiil,s,
lln'ii Hiiy that no sfiik'i's sliould '_'ii williiii :! li'iij,'iii'S nl' tlicse inlands, lor lliu fi'iiialcs timl nurse llicir
yimii.L; iicvit yci I'artlicr away rifiiii llic island;-; than that; Ihen^ is an almndancc dl' lisli ihiTc f.ir ilnin
1(1 uat. 'I'lit ioniak's fjo hack to th(! ishmds twn oi- \\\\w tinn-s every day tn nnrso their Vdiiii;;. Ilm
let nil fishennen j.'" in tliere, and let ihure he close months, and let them laivu a i'air and e(|iial ilmn,..,
mill then I du not think they will ever cxtcrminalc those seals, hecanse they reprndnce tlifiiisi'lv«
every year jiroiicrly )irotectcd.
No. 23.
Foreign Office to Sir C, Laiiipnon unit Co.
Gentlemen, Foreiyn Office, January '1, 1><91.
I AM directed by tlie Marquis of Stilisbiii'v to acknowk'dgc tlie receipt of your letter
the "^Otli ultimo on tiic subject of the Bebring's Sen. seal fishery and tiie trade in seal-skins
with the United States.
I am, &c.
(Signed) P. CURRIK.
No. 24.
Colonial Office to Foreign Office. — (Received January 3.)
(Extract.) Downing Street, Januarij 2, Ift'Jl.
I AM directed by Lord Kinitsford to transmit to you, to be lair, before the Maniiii
of Salisbury, a copy of a letter from the High Commissioner for Canada, and of a despiitc' i
from the (Jovernor (General (f Canada, on the subject of certain slatemcnts in Sir J.
I'aunccfote's despatch of the 24th July respecting the progress of the Uchriiig's Sea I
negotiations.
Inclosure I in No. 24.
Lord Stanley of Preston to Lord Knuttford.
My Lord, Government House, Ottawa, Novemher 22, 1890.
WITH reference to your Lordship's despatch of the 4th October last, inclosiii:
copy of a despatch from Sir Julian Pauncefote to the Foreign Office on the subject of
the Rehnng's Sea seal fisheries, I have the honour to forward, for your Lordship's
information, a copy of an approved Minute of the Privy Council, embodying the coiiMnents
of the Minister of Marine and Fisheries upon the views expressed in Sir Julian's despatch.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 24.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency th
Governor-General in Council on the \9th November, 1890.
I'HE Committee of tl e Privy Council have had under consideration a Colonial Office |
despatch dated the 4th October, iSflO, transmitting a despatch to the Foreign Ollicc from
the British Minister at V/ashington, Sir Julian Pauncefote, on the subject of the Ikhrinp's |
Sea fisheries question.
The Minister of Marine and Fisheries, to whom the despatch and inclosure were
referred, states that he has read with interest and satisfaction Sir Julian Pauncefote 's clear I
statement on the course of the Hehring's Sea negotiations, and of the present situation of j
the controvcrby.
The Minister, while reconnmending that these despatches be filed for future reference,
deems it a
Julian Paul
" The
was to satii
young from
island?, an(
those islam
(jovcrnuicn
of the fur-s
The I\
necessary tc
islands or 1
them, or to
Sea, he (tli
various arg
])rotcct feni
scaling islrti
from which
seals with
While there
sealers of d
and A))ril, ;
begin what
known to tl
proceed wit
rookeries, ai
or spear, ne
bcvond the i
■I'be M
piL'tciid that
to make sue
Sir Julian I'
The Ml
cordialU
" tl
subjects fr
hticli cxclt
position w
The
Jliniile bi-
I'or the Co
foiwarded
AD w
lal
?ir,
WITH
trimsmit to
from the ih
snbiiiitting
seals in Bid
77
deems it advisable to call your Excellency's attention U) the following remarks in Sir
Julian Pauncefote's despatch, viz. : —
" The result of the careful consideration which I gave to tiie evidence on both sides
was to satisfy my own mind that wliile measures are called I'nr to protect female seiils with
younsj from slaughter during well-known |)criofls of their niigiation toaiid from tlic hreedirii;
islands, and also to ])rohibit the i\i)proach of sealing-vcssels within a certain dist;nic'-' of
tiuise islands, the inquiry had failed to estat)lisli the contention of tiie United Istatcs'
tjnvermnent that the absolute |)rohibition of piia;_de scalin;,' is necessary for the prcservalicu
of the fur-seal species."
The Minister further states that if Sir Julian Pauncefote means by this that it is
necessary to restrict the hunting and killing of seals at all times when found outside of the
islands or breeding resorts of the Behring's Sea, and the territorial watCiS surrounding
them, or to prohibit the killing of seals found beyond tiic ordinary 3-niile limit in Hehring's
Sea, he (the Minister) desires to say that, having given considerable attention to the
various arguments adduced in support of the contentions that measures are re(|uired to
protect female seals, and that the approach of sealing-vcssels witiiin certain limits of the
sealing islands should be prohibited, he has failed to observed any satisfactory evidence
from which it could he established that regulations are necessary to protect the female
seals with yoimg within the Behring's Sea before they reach the bieecling islands.
While there appears to be no good reason for doubting that considerable destruction by
sealers of different nations takes pliiee during the months of January, February, March,
and April, along the coasts of the United Stites and British Columbia, before the seals
begin what may bo termed the direct Journey to the breeding rookeries, the best authorities
known to the Minister of Marine and Fisheries go to show that female seals with young
proceed with extraordinary rapidity on entering Behring's Sea direct to the breeding
rookeries, and that during such time it is impossible for the hunters to secure them by shot
or spear, neither can he accept the opinion that it is necessary to restrict pelagic sealing
beyond the distance of the 3-niile limit.
'I'lie Minister, liowever, while lioldiiig slron;i views u|)on these points, does not
pretend that a full and lliorough invesli;iation on the subject by those ispecially (pialificd
to make such an examination would not su|ip(irt the impression apparently entertained by
.■^n- Julian i'auncelote touching these phases of the question.
The Minister, while differing from Sir Julian Pauneelbte on the foregoing points,
cordially concurs in the concluding paiagraph of Sir Julian's despatch, wherein he states ; — ■
"That if the United States' (government peisist in their endeavour to exclude British
subjects from any partici|)ation in (! ■' fur-seal fishery in Behring's Sea, on the plea that
Slab exclusion is necessary for the p: js,ervation of the fur-sral species, they assume a
pi)>ition which will not i)car the test of an impartial inquiry."'
The Conuuittee, concurring in the above Report, reconuucnd that a copv of this
Minute be forwarded to the Right Iloiuiurable Ibi' Majesty's Princiiial Secretary of State
lor the Colonies, for sid)niission to Ilei- MajestCs <lovernment, ami also that a copy be
forwarded to tbe lligii Commissioner for Canada in London, fur his information.
All which is respcctfuilv submitted for vour Exccllencv's approval,
" (Signed) ■ J(;iIN J. McGEE,
Clrrli, Priti/ Council.
No. 25.
Colonial Office to Foreign Office. — (Received .January 8.)
Sir, Dniining i<treet, .Fnnuan/ S, 1801,
WITH reference to previous correspondence, 1 am directed by Lord Knutsford to
tmnsmit to you, for the information of the Ahirquis of Salisbury, a co|iy of a dcsi)atch
from the Govcrnor-fJcueral of (Xanadu, forwarding a further Minute of the Privy Coinicil,
submitting a letter from the Collector of Customs nt British Columbia as to the catch of
seals in Behring's Sen during the season of IS'JD.
I am, &c.
(Signed) R. H. MEADK.
78
Inclosure 1 in No. 26. . . „ ,
Lord Stanley of Preston to Lord Knutsford.
My Loni, (Government House, Ottawa, December 12, 1890.
WITH fuitlicf rcfcrcnce to tlic sul)ject of my despatch of the 28th ultinio in regard
to thu catch of seals in the Uchriii^'s Sea, 1 have the lionour to inclose a copy of an
approved Minute of the Privy (.'ouncil, submitting a letter from the Collector of Cuitoms
at Victoria, liritish Coliiuiliia, containini; suppleirieiitary information as to the season's
catch of seals by British Columbian vessels.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclrsurc 2 in No. 25.
Rijini/ of (I Cnmmillcn of llir lloiioiiruhit' Ike Prinj (Umncil, iipjirored hy his Excellrnoj the
Govcrnnr-Genpral in Council on the 5th December, 1890.
ON a Report, dated the 1st December, 1890, from the Minister of Marine and
Fisheries, subniittinii:, vvilii refcrenee (o the .Minute of Council of the 15th November,
1890, respect iiiu' this seii'^on's calcii of seals by vessels sailiiiii from British Columbia, in
supplement thereto a letter received fiom the (!ollector of Customs of tlie I'ort of Victoria,
British Coliunhia, under date the lltli November, 1890, and whicli is aimexed :
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Kxcellency be moved to forward a copy of this Minute to the lVinci|al
Secretary of State for the (.'olonies for submission to Her Majesty's (Jovernment.
All which is resi)ecil'ullv submitted for your Fxcellency's approval.
(Signed) ■ .JOHN J. MoGEE,
Clerk, Prill/ Council.
Inclosure 3 in No. 25.
Mr, Milne to Mr. Tapper.
Sir, Victoria, lirillsii Columbia, November 11, 1890.
I FIAVI". the lionour. in further reference to your telegrams of the 15th and 16th
ultimo, to say that since my l(!(ter of the .'30th idtinu) I have had interviews with those
masters of bcliooiii'rs that remained the latest in the 15ehring's Sea, and who were most
fortunate in settini; a lai.ire catch. Amnti'^'st the masters, W. E. Maker, master of the
schooner " Viva/' whose catch was 2,01. 5 in liehring's Sea, and also V. .1. Jacobsen,
master of the schooner '•.Minnie." Tiiese men bcinj; intelliu;ent and careful mariners, on
beini; fjuestioned by \u'; sepiuately declare that they have never seen the seals more
plentiful than just bet'ore they left IJeininif's Sea; Jacobsen sayina; that with his Indian
crew, the tew days before leaving; the sealin,a:-grouiKls, the Indians would bring 250 to 275
on board daily, but that the weather was very boisterous, foggy, and bad, interfering very
much with tluir o])erations.
.And 1 can now s;ile]y re|)eat wliat I have already said aiul written, that owners and
masters do not entertain the slightest idea that the seals are at all scarcer, and all
interested in the sealint; industry are of the ojiinion that the howlin^js of the American
|)ress about the scarcity oi' seals can ed l)y the "seal jjoachers " (as they term our vessels)
is simply manufactured by the i>aid agent of the now Company, " 'J"hc North American
Trading Company,'' both liert; and in San Francisco, no doubt to gain Sfune advantage iur
themselves. It is a fact well luiown to our sealers that during this year the only vessel
that attempted to raid any islands was the American schooner, "Geo. R. White," on
Copper Island, and last year two American schooners raided, but without nuich success.
Thai onr schooneis have been most careful I can s;ifely assert, from my a(Miuaintancc and
knowledge of the character of mailers and owners, lliat no attempt would be made by any
o( them lo conunil any breacii of law (u- ititcrnational regulations.
\'arious re|)orts have been telegraphed from here and San Francisco regarding the
reported sailing of our schooners on a second erui/.e to Ikhring's Sea, as reported for the
express ]un()ose of raiding the seal islands of St. Paul and St. (ieorgc. I inclose you a
cutting Ironi one of our ncwspajjcra that gives the story.
,79
On the 20th September the Canadian sclioonei- " Triumph " cleared froni this port
for a secon;] cruize in tlie North Pacific and Beiiring's Sea. Tiic same vessel was the first
to return from Beiiring's Sea, owing to lark of success caused by boisterous weather, and
the owners ti)ought best, rather than have her laid up to January, the time for spring
outfit, to make reasonablo terms with the erew, and send her out for a second voyage, as
it was considered that the sea's might move to the westward and he later. At this time
it was known that the seals were found to the north and eiistward of the Islands of
St. Paul and St. Gcc-rge.
On tlie sailing of this schooner, which was done in o])en day, without any attempt at
concealment, telegrams were flying all over the continent that a fleet of liritisii poaching
sehconers had cleared for IJehring's Sea, to raid the I'rihylov Seal Islands. A lew days
after a smull German sei.'ooner, named the " Adele,' cleared from here to Yokohama,
.hipan. She was also reported us having gone to raid the Seal Islands.
This having been rejiortc 1 to San Francisco, I am creditably informed that II. Liebes
(of n. Liebes and Co.), the Kciidcnt of the North American Trading Com])iniy, the lessees
of the Seal Islands) telegra])hed fo the United States' Consul here, and who seems to have
been controlled by others, and i>c made representations to his Covernment, which I
understand he has since denied, bi;t which, I think, there was no donbt, as Lieutenant
Wooley, of the United States' cutter " Wolcott" came over to obtain further infor-
mation from the Consul, and he als;) called at the C'usfom-housc, and when he left
me he vvos, I think, satisfied that the whole matter had been misrepresenled to his
Government •
You will see by the inclosed newspaper cutting a co|)y of the order given to the
revenue-cutter by tiie Assistant Secretary to the Treasury, O. S. Spaukting : —
" lYidii'l catch them.
" The United States' Government spends a lot of money foolishly.
"The steamer ' Bertha ' lay at anchor in Port Townsend Bay all day Sunday. She
was not attached to a British sealer either, as some thought she would be, when she came
back to Puget Sound. She arrived early m the morning from Alaska, where she went
three weeks ago in charge of Captain Ilussel Glover, of the revenue-cutter ' Wolcott,' anil
Lieutenant Benhem, of the Revenue Marine .'Service, stationed at San Francisco. Captain
Glover was seen by a reporter, and he stated that he went only as far as Ounalaska on his
cruize. There he found the cutter 'Bear' in charge of Captain llealy, and delivered to
that officer all orders in his possession.
" It will be remembered that cpiite a ripple of excitement was caused some weeks ago
by the report that the United States' cutter ' Wolcott ' had been ordered to Beiiring's Sea,
and that the steamer ' Bertha ' went in her place. The following orders were the ones
sent on to Captain Glover : —
" ' Washington, D.C., Septmber 22, 1890.
'"Captain RusscI Glover, Revenue cutter "Oliver Wolcott," Port Townsend, Wash-
ington.
" ' The schooners " Triumph," " Adele," " Mary Ellen," " Pathfinder," and probably
others, are reported to have left Victoria for the Seal Islands within the past three days,
for the purpose of raiding them. Yon are hereby instructed to promptly iiroceed to cruize
about the islands as long as the weather will ])crniit, and spare no effort to protect the
rookeries.
" ' You Hre not instructed to warn raiding vessels off, but are instructed to discover
them in tlie act. If they are takinir seals on hind at tin- islands, seize and bring them to
Sitka. In brief, get them with evidence to convict.
" ' Give II copy of these instructions to the " Hush," or " Bear," who are hereby
iubtructed to be governed by them.
" ' It may be well for you to obtain additional information concerning the raiding of
vessels from United .States' Consul at \'ictoria, if you can do so without delaying your
departure.
(Signed) '"O. S. SrAULDixG.
"'Assistant Secretary, TVeasurer,'
"The 'Bertha' took the place of the 'Wolcott' on account of the lattcr's unsea-
worthiness, and supplies and men were transferred to the ' Bertha,' the Government
80
payiii!; 200 dollars per day for lier, and the stciiiner started north. After meeting tlic
' Hear' at Ounalaska, the ' 15ertha ' was laid up for a few days for some slight repairs, and
while transferring coal and supplies taken up for the Dading Company. She also jjicked
up thirteen seamen belonging to the wrecked whaling-scliooner ' Thomas Pope.' These
will bo taken to Seattle by the ' IJertha,' which is now lying in Port Townsend
Harbour.
"The cutter ' Bear' proceeded at once to Behring's Sea, in charge of Captain llcaly,
to carry out the orders of Sjiaulding. From the last sentence of his olficial despatch it is
evident the original information was sent out from Victoria.
"Lieutenant Willey admits having gone to Victoria to sec what could be found out
regarding the matter, and he was told the 'Triumph' and 'Adele' had both cleared.
The former was flying the British flag, and had cleared for Behring's Sea. The ' Adele '
was flying the German flag, and was on the way to Behring's Hea."
The only vessels of our sealing fleet that have cleared, up to this |date, from this port
are as follows : —
Canadian schooner " Triumph," Cox, master, North Pacific and Behring's Sea.
German schooMer " Adele," Hansen, nuLster, yokohama. .lapan.
Canadian schooner " Mary Taylor," Petit, master, South Pacific and Galapagos
Islands.
The " Triumph " clearing on the 20th September, the '' Adele " on the 23rd September,
and the " Mary Taylor" on the 1 1th October last.
The master and owners of the "Triumpii " assured me that the vessel will likely
circle out of Behrinij's Sea towards the Kurile Islands, and endeavour to follow the track
of the jieals, probably returning by way of Sandwich Islands. The German schooner
" AdiMe," I am satisfied, went towards the Kurile Islands, on the Asiatic side, and from
thence, I believe, goes to Yokohama, .Japan, where her owner resides. I have endeavoured
to make clear to you the movements of the only vessels of our sealing fleet that have left
our port (the rest all being laid up here until January), as a refutation of the many absurd
rumours that have appeared in the American press as to the number of our vessels that
had left on a second cruize, for tiic express purpose of raiding the Seal Islands.
In my letter of the yOth ultimo I inclosed a statement of the number of seals caught
by each of our vessels, as well as the number sold here by foreign vessels. I would now
most respectfully beg to point out to you the mnnber of seals taken on our coast, which I
have designated as the Coast and Sand Point catch, which are both coast catches, Before
this year there were only two divisions made, that is, the early spring and the Behring's
Sea catches, and consequently the seals taken from Vancouver Island northward were
taken into Behring's Sea, and, on the vessel's return, were credited as being taken there.
This was manifestly wrong, as you will observe by my statement that HiJ'.i'I seals
were taken from Vancouxcr Island to Sand Puint, on the Shumagin Islands, and otdy
18,105 altogether in the sea.
The statement sent you is correct, being carefully compiled by myself, and which will
constitute the manner in which we will keep record of future operations, as by this year's
statement it is clearly ])roveii that sealing is not altoijether confined to Behring's Sea, and
that we have in the North Pacific a considerable portion of this industry.
The statement reads as follows : —
Sch<
Canadian vessels —
Spring coait catch
Saud Point coast catch
Hchrin);'s Scu , . . . . .
Difference in favour of coast catch
4,050
16,73^
21,liML'
18,105
3,217
Referring to my letter of the 30th ultitno, I would beg to make some small correction
as to the purchasers of sealskins this year at this ])ort. I would now say : Tliat
nearly the whole coast and Sand Point catches (that is, 4,870 and lf),7-'52 this year) were
principally purchased l.'V Morris Moss, the resident agent of the firm of H. Liebes and Co.,
of San Francisco, Calitbrnia ; tlic said 11. Liebes being the President of tiie Nortli
American Trading ("oini)any, vvho are the present lessees of the Seal Islands in Behrinu's
Sea. The portion ot the Hehring's Sea catch purchased by the said Morris Moss for the
said IL Liebes and Co., of San Francisco, as reported to me, were as follows : —
The oth
principally by
of tliem was s
1 would f
while this yei
Point catch II
per .skin, the i
afford to send
I would i
value of vessel
snn-e adverse i
as usual, with(
are a credit to
Siotia, and oti
their outfits, bi
ri'tiiiiiiijiiK out
tlie year.
I have tal
with the high |
good vessel car
shown that in
mo liollars pel
tlie usual pri
east. So it
and adiipteJ
otiicr portion
kind oC guns
to ocean se
';x|i('iisive, so
3,101) and
ai(- not less t
anew, iiichn
five sell
sailed via Ca
all schooners
tliat has iefl
a niinihcr of
is alisdiutely
ai.d none con
our ()«n Cai
loniicrlv.
1 have
aiul Masters ;
I aui
jirornise'
liireuitli.
'he term
An\
[!.n]
81
SchoonorH —
" Knte "
•* f nvouritc *'
"Addle"
" IViiilopu "
" W. I'. Say ward '
'• Ariel '
" Sea Lion "
Canadian Vessels.
Skin'<,
•^,1(1
1,110
4;u
4.)!)
1,1:17
771
The other portion of the Behriiic;'s Sea calch which was sold here was purchased
prinripally by M J. Davis, agent of Joseph Uhlniunn, New York, but aconsideiuble portija
of them was sent to London by the owners direct.
I would further beg to [joint out that the price of sitins last year, 1889, wns 7 dollars,
wiiilc tiiis year the pries have ruled high, the eaily sprnig catch at 10 dollars, the S.md
Point catch 1 1 dollars, and tnc Hchriiig's Sea 12 dollars, and in some sinall lots 13 dollars
per skill, the ii;;cnt of H. Licbes and Co. being active competitors, hut those who could
afford to send their skins to l^ndon did better.
Value of Vessels.
I would beg further to call your attention to the statement already sent you as to the
value of vessels and outfits, crews, boats, &-c., engaged in the sealing; business. I have seen
snn-e adverse statements made .is to the value of our sealing vessels in eastern i)apers, and,
as usual, without any knowledge of the subject. I can assure you that our seuling-vessels
are a credit to iiur port, the greater part of thciii fine schooners taken roiMid trom Nova
Srotia, and others that have been l)uilt here. They aie all well found in every particular:
tlicir outfits, boats, guns, &-c., are excellent. Tliey are all fleet and excellent sea vessils,
remaining out at sea on the Pacific during the fierce gales that prevail duiingthe spring of
the year.
I have taken considerable care to ascertain the value of new vessels built here at present
witl] the high price of labour, and 1 lind that 1 (H> dollars per registered ton is as low as a
gdoil vessel can be built lor in this province. Snme have doubled this, but experience has
shown that in some ca-cs it has cost I'Jo dollars, but at the present I am assured that
\W dollars per reiiistered ton is a fair figure, while in Nova Scotia and Xcw Hiiinswick
the Usual ])rice is 50 dollars |)er registered ton, being doubh- in this province to >vhat it is
east. So it is with the boats, which cost from l-H to IGO dollars. Tliey are made
aiul adiipteJ to the scaling business, and vessels will carry from six to ten boats. 'J'hc
otiier portion of their outfit is like»vise expensive, more especially reijanniv^ the particular
kaid of guns and costly rifles that exjierience has taught the hunter to be best adajjlcd
ti) (icean sealintr. These guns cost 55 to 05 dollars each, and the rifles aie also
'.'X|ii'nsive, so that when these larger vessels arc ready lor sea their outfits will be between
3,1(10 and 1,000 dollars, and .-mailer ones I have been informed, on best authority,
are not less tian 2,500 dollars. It must be borne in mind that these schooners will carry
a crew, including hunters, of twentythree or twerily-five men.
I'ive schooners will be adiied to our fleet fron Nova Scotia this year. They have already
sailed via('a|ie lloin, and also one sehooner purchased in Yokohama, .Japan. Th
all sehooiiers from 70 to 1 10 tons register. I understand that each ot the schooners
that has left ilalilax briiiys a lull cicw of hunters. 1 have also seen it stated that
a luimher of American schooners were going to sail under our flag in sealing. This
is alisoluiely not Irue. There are no American schooiicrs changing their flag at present,
and none contcniplated. As a f ct, the American sciiooners have not been as sueci sslul as
our own Canadian vessels, and fiwcr- of them have visited our port last year than
formerly.
1 have the honour to inclose you some further information as to the Owners
and ^lasters Association. 1 send the newspaper cutting, which, 1 believe, is correct, but
1 am promised a lull copy of the proceedings, which, if 1 receive in time, I will inclose
iKreuith.
'he terms arc :-^
Am Ininlir |iio('uriii(; 400 srnls iimI upward
■ ,, „ ;iOI) ti) 400
,. 2(10 ti) .■100
„ Khs tliuii I'OO
[!)5]
Pol. c.
2 .")0 piT skin.
'.! (10 „
1 r,o
I 00 „
The owners liave liound tlicmselves, in the event of the hunters not accepting
tliis sciile, to import new liunters from the east, and no schooner to engnge, in any ease,
more than three of tlie old liunters.
" Intcri'slltKj to Healers,
" On Tnosdav a meelinp; was iiehl hy the owners and masters interested in the seiiling
industry <>i this jiort, tiie gathering having been called to deal with several matters of vital
interest to all parties conceriU'd. Captain Warren was asked to take the Ciiair,
Mr. Richard Hall, of Hall and Cloepel, ;icting as Secretary. The outlook for the next
season was discussed at eoiisidcralile leiiglh, as was the result of the past one. !t was t'ne
ojiinion of all that the jiriee of skins this year was consideralily ahove the average, and
that it was hiiihly proiialile that a drop in prices would take jihu^e next yeor. The reason
tor the increased prices for the past season's catch was held to he due to the fact that the
bi.d weather had been against a big catch, and that the shortage naturally made a livelier
demand.
" The (piestion of jiay for hunters and boatmen then came uj), and the adoption of a
scale ]ier sealskin was discussed. It was admitted hy the owners, many of whoiii are
practical nun, liiat the business of seal-hunting was a dangerous and arduous one, and one
that should in all fairness be paid for in a liberal way, but, at the same time, the u'lcat
risks in tiic sealim: Imsiness, together with the uncertainty of the markets, made tiie
payment of an excessive rate entirely out of the (piestion. It was also shown that a i:ood
iuinter, one who was able to get many seals, was a cheaper man at better pay than was a
poor one. An indifferent man occupied a boat and kept two boatmen at work, while the
result of his season's work might not be sufficient to pay interest on the capital invested.
In view of these facts, the following scale of wages was unanimously adopted: —
f]) 111 l'.)(i
„ 1!9'J
„ :t'.i;i
Kill iir Dvpr
(llt'V pups. Oiicll
Cal<!i.
I'liy per Skin
Dili
c.
1
DO
1
.0(1
2
(10
2
50
1
0(1
" It will tiius be seen that tiic hunter wiio eajitures less than 'JOO only gets 1 dollar
each, while the good shot and experienced man who gets 400 or over has 2 dol. .00 c.
each. This scale has been as^rced to by all the owners.
" l?()at jiullcrs are to be jiaid 30 dollars jxr month, or 1.5 dollars per month and
2,") cents ]ier skin taken. Tiiis will he an incentive to the boatmen to work with the hunter
for a good catch.
" Another matter of importance came up, and that was the employment of old hands.
It was shown that there weie not exjierienced hunters enough to man the fleet, and it has
been agreed upon by the owners to limit the number of old hands in each vessel to three,
the others to he made up of new men composed of porjioisc hunters from the east. Tins
])lan will give each of the owners an e()ual chance for a good crew. One excejition only
was made, and that in the case of a schooner which is owned almost exclusively by the
hunters. In this case the rule as to limit in the number will not he enforced. The scale
of wages will, however, be the same."
Every year our sealers arc becoming better acquainted with -v;i] life, both in the
North Pacific Ocean and in Hehriiin's Sea, and I have endeavoured to find out from the
ii'o-t intelligent many matters on whieii there have been conflicting o|iiiiions. One ol
liiose, as to the numliei' of females caught ; and even persons in this iirovince liave been
ready to giv(! extravagant ojiinions on this subject, as to the excessive numbers ol females
taken. Now it is well known to our best and most intelligent sealers that a consideraiilc
pr(i])()rtion of cow or female seals taken are barren, (|uite barren, that is, they liave not
hon-e young for one or more seasons. This the hunters well know from the absence ol
any appeaiance of lacteal fluid in the animal: it is now well known that the young seal
will take to the water as soon as lioni, contrary to the theory advanced by lillliot. '-)n
this and many other like inattiMS I endeavour to elicit all information that 1 tliiiik luiylit
be of service to the (iovcrnnient at anv future time.
89
I um very- liappy to say thiit llic ov.ikmh mid masters of our scalin;^ flcut are always
ready and nnxious lo coiiler with iiu; :u any time in regnrd to any matter appiTtainiiii; to
the sealin,:; indiistiy, and appear to he satisfied tliat the (loveriiinent are doiri- everything
possihie to hrin;; al'jout an iionoiirable sciiieiuent of this importanl (|uestloii.
1 li'. , &c.
(Signed) A. 11. MII.NE.
Collector of Cuxtoms,
Ineiosiire 4 in No. 25.
I'l'IKiil iif Vi'ireeiliiKjs.
WK, till" Undersigned, miMiliers of I lie Victoria Ship-owners and Masters Sealing
Association. ii(icl)y airrec and plcdi/c ourstlvis to strictly adhere to the tariff of prices
ai,'recd on at oiii nieetiii;,'s, and which ^■.\u\ farilV is iiereinaftcr speeilied, anil we also liind
ourselves on otir word ol iionoiir not to violate this agreement hy oH'erin^' any hoiius or
inducements of any Uind whatever, outside the letter of this Affrccntent, and also we hind
ourselves to assist each other in every possible nianner to carry out this A,i;reemeiit and
preserve the intei,'rity of our Association. 'I'he followini,' is the tnrill' of wages and lay to
he allowed hunters, hoat-|)ullcrs, and sleerers tor the season 891 : —
llunlirs — I)()l. c.
Oil ciitch of 19!) ■.I,iii« or l.'ss .. ., .. .. 1 Oil per i-kiii.
•2e(l-'J'J'.i . . . . . . . . . 1 .')()
„ :)(i()-;;'.i'.i .. .. .. .. .. :! 00
•100 unil iipH Mills .. .. .. .. a SO
Kxccpiin;; in rvcrv iiisliiniT ;;n y |'.ii|)--kiiis. for wlilili will be puiil 1 dollnr cai'li
The catch relerrinj; to the riunilier ol' sUins secured hy each hunter in his respective
boat, and delivend to the captain or olIiccM' in charge of his schooner. Any skin showing
grey maiking under the fur about the siiouldcr is to be considered a grey ()up-skiii.
lioal-pullers and .SVpprer.v.
Wages only, not to exceed .30 dollars [ler month. Wages and lay, 1') dollars per
month, and '2') cents per skin. Lay only, "lO cents per skin (grey ])ui)s excepted) all
caught in their respective boats, and delivered to tlu' ca])tain or oliicer in charge of the
schooner. On each grey ])u|) for lay only the price shall he 'J;j cents.
Secnml Officers.
Wages not to exceed 35 dollars |)er month. We also bind ourselves not to take
more than three experienced hunters in the sealing business on each vessel re|ireseiife(l by
us, said hunters to be engagc'd at the scale or lay ado|)ted by this Association, as herein-
before particularly described; and we also aiiree that all hunters re(piireil in excess of the
three hunters above mentioned for each vessel shall be ni:w men at the business of seal-
lumtin;; and shall hi' engaged at the same scale or lay hereiidietiire mentioned, and this
clause shall applv to all vessels owned or controlled hy the members ol this .Association,
whether clearinij from the port of Victoria, or other ports in Canada or the United States,
or any |)ort where any vessel owned or controlled hy any member ot this Association may
he titfing out fur scaling on this coast. We also hind ourselves that the scale lor [ndian
lumters sliall be as tiillows : —
l''or the sjuing engagement, for each seal-skin (grey pups excepted, lor which will be
paid the sum of I dollar |.v/''|), all to be delivi-ri'd to the captain or ollic'cr in charge of the
schooner; and we I'urther bind ourselves to oiler no I'urther hoiuis oi' iiulueement whatso-
ever, directly or indirectly, in excess of the above ])rices for the sprini;- engagement.
On the Northern and iiehring's Sea catch we agree to pay not, mure than S dollars
for each seal-skin (grey pups included) delivered to the cai)tain or oliicer in charge of the
schooner, and. if necessary, also not more than 10 dollars tor each canoe procured, and
also a bonus of not more than 10 dollars to thi^ Chief or Ileadnum for procuring such
canoes; and we bind ourselves that the alovc shall he the only moneys paid out in excess
of the cost of the skins, viz., 3 dollars for the Nm-thern and l5ehiin'A's Sea engagement.
And, lastlv, we agree not to advance or in aiiv way exceed the scale or lav of any
[■.).-.] • if
hunters, slioiild tliosc in Victoria decline to nccept the licrcinbeforc-mentioned lay, but fo
procure iiuntcrs elsewhere.
Ill tiic fiiifiiriil porfornmnce of the within Agrccinent, we liercby sign our names and
the names of the schooners represented liy us.
No. 'in.
Sir J. Piiiinrpfole lo lliv Martiuis of Hulishuri/. — (Rrcriml Jdiiiinrii Ifi.)
My Lord, Wnnhinijton, Jinmnnj 0, I'^'.tl.
I HAVE the honour to inclose herewitli copies of the President's Message to the
House (if Representatives, tr.insinittinp; a letter from tile Sei^retnry of State, whicii is
accompiinicd by tlie corresjiondence wliieli Iwis taken pl:uc> since the '23rd .Inly, IM'JO, on
the Hchrinft's Sea (inestion.
This eorrespondeiiee consists of your I/miship's desjiatcli to myself of the 2nd August
last, and of Mr. Hhiine's note in reply of the I 7th Deecmher, e()|)y of which 1 liiid the
honour to transmit to your Lordship in my despatch of the lOtli ultimo,
I have, &c.
(Si-ned) .JULIAN PAUNCEFOTM.
Inclosure in No. 26.
Prenidcnt's Message.
l^cfil Finhfirirs of Jiphrinifs Sea.
To the House of Representatives,
IN further resjiouse to the Resolution of the House of Reprcscntiitives, refpieslina;,
me, if in my judfj;iTicnt not iiicompatilde with the |nihlie interest, to furnish to the House
the correspondence since the 4th Mareli, 18H<J, between the Government of tiic ITiiitcd
States and the (iovernmeiit of (ireat liritain, touchinj; tiie sulijccts in ilis|)ute in the
Rchrinii's Sea, 1 transmit herewith a letter from tiie Sc(!retary of State, wiiicli is
accompanied bv the correspondence which has taken |dace since mv Messuf^c of the
23rd .lulv, 1890.
(Signed) liENJAMlN HARRISON.
Executive Manfion, January 5, 1891.
To the President, Department of State, Wa.sliiiujtoii, .Jamiary Tj, ]S!)1.
In response to your direction, I submit herewith tiie odicial correspondence hrtwecii
the (Jovermiient of the United States and the Government of (Jreat Britain, toucliin;; the
seal (islieries of the Behring's Sea, since the 19tli .July last.
I am, &c.
(Signed) .JA.VIHS G. BLAINK.
^o. 27.
Sir .T. Piiiincifote to the Marquis of Salislmnj. — (Kereired .Tduuani 20.)
(Tclesrapbic.) Washiiifjlon, .hinunry 20, \^'.S\.
P.EII RING'S Sea.
AV'itli refereneo to my telcf^ram of the 17tb instant, I have the honour to inform
your Lordshi]) thai I saw Mr. Blaine yesterday, and he showed me a statemenl which
had appeaieil in the "Times" of the oth .January respecting the naval preparalinns ui
the United States in the Pacific.
This statement was, he said, based on a mischievous telegram from the Phihidolphiu
correspondent of the "Tiu.es," anil e.\|)lained the temporary excitement in LdiM'iin.
The telegram was absolutely and entirely false.
8»
No. 28.
('iili)iiliil Offirr In Fiiii-iijii OfJIrf. — {1irrrlri-/t .liiniinni 30.)
^Kxtnwt). DoiiiiiiK/ SIrrrt, .Innunni 29, ISf)!.
VVrril icroiciicc lo a Ucport, r(!ccivi;(l tliroiii;ii llu: Admiralty, * tVi)tii tlic C())ii-
innndcr-iii-cliict' iiti the I'acilic Slalii)ii on tlic siilijcrt of tlio seal (isliln;;- in thi>
lic'liriii^'s Sea, I imi diri'dcd hy Lord Kiiiilsrord (o transmit to yoii, to lu! laid lieforo tlio
.Mai(|uis ol' Salisliiiry. an extract of a df-])atcli from tlio (iovcrnor-fJcncral of Ciiiiada.
»i(li a Minute of liis I'rivy Council, Kul)mitliii^^ a Itcjiort liy tlio Minister of Marinu ami
fisheries on Mie Coniin indcr-iTi.<!liief'H letter.
Inclosurc I in No. i.'S.
Lnid Sliinli 1/ (if Pirsloii la Lnril KniityfDrtl.
(Extract.)
I 11/, VK til
(I'dfi'miiirtif finiisr. Oil (lint, .LiiiiKinj , ISOl.
lonoiir lo forward to your l,ordslii|) a copy of an ajj^rovod .Minute <i\'
llic Privy Council, subniitliiig a I'eport liy the Minister of Marin(> and I'isliories on the
letter from the C(jnnnaMder-iu-<'hief on the Pacific SfatioH as to the seal lishery in
l?ehrinL('s ,Sca, copy of which was in .dosed in your Tjordsliip's despatch of the
r)th November last.
I'lclosure 2 in No. 2^.
Rppiiil (if a Comniitlre (if llir llniinurdhle the Privy Council, .ipprnvcd hij lii.i Kirdlcnni llic
Oovernor-GenernI In Council, nn the .3l.v/ Dcrcmhcr, ISI'JO.
'rilH Commitioe ol the i'rivy Council liiive had under consideration a desjjatch,
uated the .')lh Novemher. isJiO, from Lord Knutsford. transmittii!;^ a copy of a commu-
nication, rei-eived through the l''orei;!;n Oliice from the Admiralty, indosiiin^ a Report
from the Commander-in-chiel' on the I'acilic Station concerning- the seal fislicry in
Hehrinif's Sea.
The Minister of Marine and I'^islieries, lo wliom the despat(di and inclosures were
referred, suhmits the annexed IJeport thereupon, in which the Committee concur.
The Committee ad\ise that your I'ixcellency he move i to forward a copy of this
I'eport to the Hi;Li;ht Honourable the Secretary of State, for the inforniatiou of Jlor
Alajesly's (!overnn\ent.
All wliich is respectfullv .suiimitted for your Excellency's ajjproval.
(Signed) JOHN .). McGEE,
Clr,-ii, Privi) Cnunril,
(Extract.)
THI'j Undersi^'ned
enveriiii!; a letter i'rom
Imd'^sure -T in \o. 2>''.
ifr. Tapper lo LnnI Stanlrii of Pri:ttriii.
Department of l-'is-lirrirs, Cniuula,
bltaira, Xorcndirr 27, 18!)().
has the honour to acknowledi;o your Excellency's relerence.
Her Majesty's Principal Secretary of State for the Colonies,
transniitlin;; a copy of a communication received by Lord Knutsford through the
Foreign Oilice from the .Vdmiralty, inclosins; a lieport trom the Commander-in-chief on
the Pacific Station concerning the seal tisbery in Bebring's .Sea.
The Undersigned has caretully perused the letter of the Comm.ander-in-chief of the
I'acific Station, in which he reports to the Admiralty tbe return of the scaling schooners
fniui Heliring's Sea, and cerlain information which, he has gathered from the captains of
the schooners respecting the nature and extent of this season's catch of seals.
The Undersigned would observe that niter full incjuiry through the Collector of
Cii>ioms at tbe Port of \'ictoria, I'ritLsh Columbia, he submitted a l!e|)ort upon tbe
siiliject of this season's catch, which your Excellency approved, on the 17tb and
I'.itli November, 18i)0, and that tbe informaiion thus conveyed to Her .Majesty's (io\ern-
inent is .snpi)lemented by a further I'eport from tbe Umlersigned based on additional
iwrticulars from the Collector of Customs at Victoria, under date the lltb November.
• Sec No. 13.
86
Pnr.agraph 6 of the Report of the Admiralty from the Comniandcr-in-cliief on the
I'aeific Station, to wliicli sju'cial attention is directed by tlic Admiralty, is as follows : —
" 1'liey (tlic captains of the sealing vessels) also mentioned that two-thirds of their
catch consisted of I'emale seals, hnt that after the 1st July very few indeed were captured
* m pup,' and th.it when sealing outside the Ikdiring's Sea round the coast on the way u])
(where this year .he heaviest catches were made) they acknowledged that seals ' in pup'
were fre((uently captured."
The Undersigned would remark upon this, that .seal-hunters are in the hahit of
classifying seals as males and females when assorting their catches for the markets,
regardless of the sexes of the seals; in other words, all seals of a standard size and over
are classed as males, those under the standard si/e heing classed as feimiles.
It does not appear from Uear-Admiral llotham's Uejiort, that in his invostigatioiiH
any special examination was made as to the sexes, and the Undersigtied would remark, in
passing, that very careful investigation is necessary in order to distinguish the male from
the female seals.
l{ea(ling paragraph 0, however, as :i[)plicable to the ex])erience of the hunters previous
to their en!ering IJehring's Sea, the views conveyed hy liear-Adniiral Hotliam to the
Admiralty are not inconsistent with information received from time to time hy the Under-
signe', to the efi'ect that a considerahle numher of fcMiale seals and seals '-in imp" have
been taken outside of the ISehring's Sea. in flic great watt rs of the Pacific Ocean, and along
the coasts of British Ciilumbia, Caliroriiia, and Washington territory, '('he Undersigned,
upon tliis phase of the sealing industry, moreover, would f-'inark that neither the United
States nor any other nation has yet expressed willingne.ss to consider a close season.
covering the great waters of the Pacific Ocean out.sidc of Rehring's Sea, so as to prevent
the destruction of seal life.
The Undersigned is of the opinion that, ujjon investigation hy experts, it nnglil
possibly be found necessary, for the ])re.servation of the fur-seal sjiecies, to establish
Regulations in order to prevent this slaui;hter upon the coasts above mentioned. There
is evidence that the slaughter of the females when '-in imp" occurs while the seals are
travelling >luwly up the coasts on their way to the rookeries in JU-hring's Sea, when
resting, ])layiMg, or feeding, hel'ore they have begen the more immediate and direct
journey to the breeding islands. There is, however, it is sulimitted, no satisfactory
evidence to establish that when the seals have once passed tlirougii the Aleutian Islands
on their course to the breeding rookeries, that it is possible for hmiters to shoot or
Indians to s])ear them; on the contrary, there is reliable authority t'or stating that the
Journey throiinh the Aleutian Islands and to the breeding grounds is direct and swift. It
IS known, moreover, that the jielagic sealers in hehring's Sea obtain their catch chielly
from the "bachelor" seals and the "bairen cow " seals, found at diti'erent points oil' the
rookeries, at periods wh(m the breeding seals are mostly contined to the islands, and the
waters immediately smronmling the islands.
N/r ,/. Piitiiirct'ulc Id llii
.\o. 2!).
of Hiilishiiri!.
-(HrCl
;! Iu-Ij
■hniiiiii
10.)
Mm ipiix
(Telpi^raphic.) \]'iisiiiiii/l'.ii, h'i'liruartj '.), ISOl.
L\ an interview which I had to-day with .Mr. IJIaine he told me that he had been
intending to write to me to ask whether he was to consider thi- diplomatic correspon-
ilciiei- on the Hehring's Sea (incstioii suspended or closed in view of the Icijal
proceedings in the "SaywanI " wise now hel'ore the Snprenu- (oiirl.
J said that I bad no instnietions on the subject, but that in vii'W of the reported
i'C])ly of the J'arliamentary Unoer-Seei'etnry to a (]nesli(jn in lln; Jlouse of Connnoiis
that the leg;il proceed iii<.,' in (|i!(sli()ii was in the nature (d' a private suit, and did ihii
iiiterli re w itb the ])ending neu'otiul ions, I did not think that yoiir Lordship eonsidercil
\\w (liplonialie correspdndenec <'lose(l or even susjamded, .1 added, however, that I
WKiild iul'orni your Lordshi]) of the incpiiiy he had made.
riu
No. :!!.'.
Moniii'is of fialhlntii/ I') Sir J. Pauncefole.
(Telegraphic.) Foieitjn Of/ire, hrhrunrii 10, l.sfll.
WITH retereiice to your telcfiram of yesterday, I have to inform you that ;uy reply
to Mr, Blaine's note of the ITlh I'ecend)er, on the subject of IJeliring's Sea, will he sent
very shortl
])oin(s.
There
the " W. P.
Sir,
THE (1
(iin-idered b
carried on 1
coirtroversv.
I!ehiiug's ."-^c
cNjiress lerrr
in the open
llio United I
ii.itio'ial law,
;ir<'seiv,iiion
'lie most ser
I'.iuer riifbls
The clai
other natioii-
imrrhase they
which jirohib
(■•1,1- Is and is
^land, conten
1 kase, posse«'
"f issnir".'' i? r,
they wouhl nr
accji
HI '(sel
^'< rmueut
iiMirpation ;
tlic Jhilish <;
I am
■I!' dust anotl
il it is forma
ilocisioii is w]
(heat Ih-itair
that not only
im, has
that if can b
d"' l«th .lam,
tlicii British
I'lissian Ambi
"Upon
principles of
'|» liiissia ovei
and trading w
understood
the intercom
-^iilisisted on
die ships of
•i|'P''i'lain to I
fnuld, by th,.
Ji'tanee o[ 10
(til the
■'I \ erona. ail
" Object i
J migl;< save
0'-']
«7
very sliortly. 1 linvo dclnyod it, wiili tlie olijorl >>{' oljtainini;' information on a few
])oinfs.
'rhcro is not, in my view, any ("onnoclion butwc-'n tiio loixal proeocilinn-s in tiic case of
till' " \V. I'. Sayward " and tlu; diploniatii' correspondence witli regard to Behring's Sea.
^0. .".1.
Till' ^Iiiriiu'ix nf !^<ilishiini In f<!r J. Piiiinrefot''.
Sir, Fni-cifjn Ofjiri', Fehriiary 21, IROl.
THE despatch of .\rr. P.laino, under <late of tlie 17tli Deccnilicr, lias liccn carefully
(■iiM>idorc(l by llcr ^^aicstyV ( lovcrnnuMi!. The cU'ect of the discussion which has been
carried on between the two Governments lias been niateiially to narrow the area of
cdiitroversy. It is now (piitc clear that tlie advisors of the President do not claim
llcliriiifj's Sea as a miirr rlaiisitm, and indeed that they repudiate that conti'Ution in
cx])rcss terms. Nor do they rely, as a justification for the seizure of British ships
ill the open sea, upon the contention that the interests of the seal lisheries give to
the United States' (loveriiiiient a.y right for that iiurpose «liich, according to inter-
imtional law, it would not otlu'rwise ])o>se>s. Whatever importance they attach to the
jircsciv.ilion of the fiir-seal species,- -arid tiiey ju>tly look on it as an object deserving
the most serious s, licitnde, — they do not conceive that it confers iiiion any .Mari'.iine
Power rights over the o[ien ocean which that I'owei ciuild not assert on other grounc s.
The claim of the United States to prevent the exercise of the seal fishery by
other nations in IJehring's Sea rests now exclusively upon the interest which by
piircliasc they ))osaess in a Ukase issued by tiic Kmperor Alexander 1. in the year 1821,
whii'li ])roliibits foreign vessels from <ii)proachiiig within l<>() Italian miles of the
coasts and islands then beloiming to liussia in lleliring's Sea. It is not, as I under-
stand, contended that the Uussian (!<iveriinu'nl, at the time of the is«iie of this
Ukase, poss"-'-"d :<ny inherent right to ent'oice such a prohibition, or accpiired by the act
of issuii'-r il n. r claims over the open sea beyond the territorial limit ol' 15 miles, which
tlicy would not .itheiwise have possessed. Put it is said that this prohibition, worthless
ill ''.self, acijuirod xalidity and force against the Pritish Government becaii<e that
'li rmiient can be shown to have accc[)te(l its provisions. The Ukase was a mere
ibinpation ; but it is said that it was converted into a valid international law, as against;
tlie Pritish Government, by tlie admission of that Government itself.
I am not concenii'd to dis])nte tlie contention that an invalid claim may, as
ii.'.' unst another (!o\ eminent, acquire a validity which in its inception it did not possess,
it it is fornuilly or cll'eetively ac('e])ted by that Government. Hut the vital ijucstion for
(locisioii is whether any (^ther tiovernnient, and especially whether the (Joveriiment of
(heat Pritain, has ever accepted the claim put forward in thi< llkas' . (Jur I'onlention is.
that not only can it not be shown that the Government of (Jreat Pr'tain.at anytime since
ISl'l, has admitted the soundness of the pretension put forward by that L kase, but
that it can be shown that it has categorically denied it on more than one occasion. On
the ISth January, 1^22, four months after the issue of the IHiase, Lord Londonderry,
then British Foreign Secretary, wrote in the follov mg terms to Count Lieven, the
Russian Ambassador in London :—
"Upon the subject of this Ukase generally, aiifl especially upon the two main
principles of claim laid djwn therein, viz.. an exclusive sovereignty alleged to belong
to Russia over the territories therein described, as also the exclusive right of navigating
anil tradinn' within the maritime limits therein set forth, His Britannic .Majesty must iie
iimlerstood as hereby reserving all his rights, not being prepared to admit tiiat
the intercourse which is allowed on the face of this iiistriinieiit to have hitherto
siihsisted on those coasts and in those --eas can be deemed to be illicit; or that
the ships of friendly I'owcrs, even supposing an luupialilietl sovereignty was proved to
:i|)|ieiiiiiii 1,1 ihe Inipeiial Crown, in tliesi' va^t and very imperfectly occupied territories,
(imhl, by the acknowledged law of nations, be exchided from navigating within the
di.'tance ol l(io Italian miles, as iheniii laid iloun. from the eoa--t."
On the ITtli Oelobfr in the siiiiie year (be Ihike of Wellington, Ambassador
1 N'erona. addressed to Count Nesselrode a note contaiiiinj;; th-- folloHing words:-—
"Objoi'ting, as wc do, to (his claim of exclusive sovereignty on the )iart of Pnssia,
iniglil save myself the trouble of discussing the particular mode of its exercise as
8«
get forth in (liis IMinsf. Bill wc oljjoet to (lie sovcroi^nty proposed io 1)C exercised under
this lJi;!isc not loss tlian we do lo tlio claim of it. IVe rdininl adm'il the rl(/lit of ani/
Power /jo.^vM.s'idji tln' .sorerr'Kjiiti/ of a vounlrij to exclude the nssels of others from
the seo.'i on its rntists In the distance of 1(10 Itirlian miles."
As'ain, on ilio i2S(li Xovcmlier, isi'i?, (ho Duke of W<'llinf;(on addressed a note to
Count liieven eontainin;; the rdUowini;' words; —
"The second ground on nliicli we object to (he L'kasc is that His Inijierial Majcslv
thereby excludes i'roni a cer(aiu consideiablu extent of the open sea vessels of other
nations. \Vc contend that the as>iunption of this power is contrary lo the law of
nations; and we cannot found a nenoti.ition upon a paper in which it is a^inia hvoadly
asserted. We contend tluM no i'ower whatever can exclude anotlu'r from the usi df
the open sea; a I'ower can oxchuh' itself from the 'lavin'atidii of a ccilain coast, sea, Src,
by its own act or cni;a!:;enient, hut it cannot hy riplit he e\chided by another. Tliis we
consider as the law of n.'iiions; and we cannot nei^oliate upon a paper in which a r'f;lit
is asserted inconsistent wi(h this iirincijile."
Ft is evident, therefore, that so far as diplomatic representation we,i, tl o Kinn''s
Oovernment of that date took every siej) which it was in their power to take, in order
to make it clear to the l!us?iau rtovcrinnent tliat (Jreat I'ritain did not accept the
claim to exclude her subjects for 10i» miles distance from the coast, which had been put
forward in (he I'kase of 18-1.
Mr. Blaine does not deal with these protests, which ap]M;'ar lo Her Majesty's
Oovernment to be in themselves amply sullicieiit to decide the (juc^tion, whetluM' Great
I'oitain did or did not acepiiesce in tlie Russian claim put forHard by the Ukase, lie
contines himself mainly, in tlic despatch under consideration, to (he consideration of
the Treaties which were sui)sefpieiitly made between Great Britain and Kussia and
America and l?u-sia in the year IS'J.": and especially of that between l?ussia and
Great Britain. This Treaty, of wliieh the text is printed at the close of jMr. I'laine's
despatch, does not contain a word lo sioniiy {ho jic(|uiesci'nce of Great Britain in (lie
claim receiidy put forward by I'nssia lo control the waters of the sea for 100 niilos
from her coast. There is no stipulation U])on which this intorpretiition can be imposed
))y any process of construcliou whatsoever, lint there is a provision havinj; in our
judgment a totally oii))osite tendency, which indeed was intendcil to negative the exlra-
vajrant claim that bad recently been made on (he part of Kussia; and it is upon this
jirovision (ha( the main part of Afr. Blaine's argument, as I understand it, is founded,
The stiiiuialion to which 1 refer is contained in the 1st Article, and runs as follows: —
" Ariicle 1. it is ntirecd that the resiiective subjects of the lliiili Contractin;;
Parties shall not Ije troubled or molested in any part of the ocean, commonly called the
Pacilie Ocean, either in navii^atini,' the same, in tisbinp therein, or in landinj;; at such
parts of the coast as shall not have been already occupied, in order to trade with thu
natives, under llu^ restrictions and conditions speeiiied in the followinij Articles."
I understand Mi-. Blaine's aru'mnenl lo be that if (ireat Britain had intended In
])rotcst ajiain-t the cli'im ot liu^sia lo ex<diule shi))s i'or 100 miles from her coasts In
Behiing's Sea, she would have taken ibis opportunily of doini;;- so; but that in conliriin^'
herself to stipulations in fivour of lidl liberty ol' navigation and li'-hini; in any part ot
the ocean, conimonly called the Bacifie Ocean, she, by im]dication, renounced any claim
that could arise out of the same set of circumstances in regard to any sea that was not
part of the Pacific Ocean. Am! then Mr, Blaine ljocs on lo contend lliat the |)hrnsc
" i'acilie Ocean" did noi and dors not include liehring's Sea.
Even if this lalfer conleiilion were correct, I should earnestb demur to tlio
comdiision (hat our inhereiU rights to free passagt' and free lishing over a vast extent of
ocean eoiild be eU'ectively re: need by mere reticence or omission. The right is
one of wbieb we could not be cleprived unless we eonsenled to abandon it, and tliiil
consent could not be sulliciendy inferred fn)m our negotiators having omitted to mention
the subject upon one ])articula'. occasion.
But I am not riepar'. i to admit the justice of Mr. Blaine's conleiilion that the
words •'i'acilie O.ean '' did not include Bebring's Sea. I believe that in eoinninn
[larlance, then and now, Beliring'.^ Sea was and is jiarl of (he Pacific (Jcean ; and that
the latter words were used in order lo give the fullest and widest scope possible to the
claim which the British ni'gotiators were solemnly lecording of a right fre(dy to navigate
and tish in every ))urt of it, and througlioul its eiitiie extent. In proof of the arguuieiil
80
that tlio words "Piioific Ocean" do iinl include Melnins's S^oa, Mr. Bliiiiie .idduccs a long
list of M;n).s ill wliicli It (ie>i^i!;il:.iii distiiicl IVoni (li;it of " I'arKic Ocean" is given to
jk'liiinic'.s Son; eillid' '• iii'ln-iii;;%; Sea,'' <ir "Sea of Kaniscliaticii" or the "Sea of
Aniiilir." 'I'lie ar;;-nnient will liardly Ijave any force unless ii !■- a|)|ilical)le with etiual
Initli to all the oilier oeeauri of the world, lint no one will dispute that the Hay of
liiscay forms ])art of the Atlantic Ocean, or that the Tiidf of Lyon,, forms part of the
Mediterranean Sea; and yet in \nu-,t .Maps it will !»■ lound llial (o tlio'^i' portions of
the larj;er sea a separate desii;iiation has heen iiiven. The (piestion whether hy the
words " I'acific Ocean " the neijotialors nieanf to include or to exclude I'ehrini,^'?; S.^i
(k'peiuls upon whic'li locution was esteemed to lie the correct a«ai;e at the time. 'Die
(late is not a distant one, and there i.s no iiiound for .su^Ltestinu' that the nsas'e has
clianpi'd since the .Nnnlo-Rus-ian Treaty of 1S:?,j was si^-ncd. The di'terminatiou of
this ]ioiiit will he nu.tit satisfactorily ascertained hy eoiissdiin:;- the ordinary hooks of
rcforcMci!. 1 append to tiiis despatch a list of sonu! thirty -.vcrks of tiiis class, of various
dates from t'iflO downwards, and printed in various coun:rics, which eond)ine to show
that, in customary i)arlance, the woiils " PaciOc O'^ean '" do include liehring's Sea.
If, then, in ordinary langnaire, the I'acific Ocean is used as a phrase including the
ivliolc sea from i'.ehring's Straits to the Antarelii; Circle, it follows that the fst .Article
iifthc Treaty of 1S2.5 did secure to Great Britain in the ftdlest manner the freedom of
nn\i'ialion and fishiuLf in Hi hring's Sea. In that ca<e ::o iid'erence, however indirect or
circuitous, can lie drawn from any or..!ssion in the langna;j;e of that instrument (o show-
that Oiiat Britain ac(|uiesced in the usiirpation whicli tli" I'kase of |S-J1 had attempted.
The other documents wliicli I have quoted sidlic'enlly estaldish that she not only dicl not
a(i|uicsee in it, hut rejiudiated it more than oneir in phnn and nnoquivoi'al terms; and
as the claim made hy the likase lias no strength or validity except what it might derive
liom the assent of any Bower whom it might a Heel, it ri'sults that Russia has n>ver
acquiri'd hy the Ukase any right to curtail the nattuvd liiierty of Her Maje-^ty's subjects
to iiaviiiate or lish in these seas anywhere outside terviterial waters. And what Russia
iliil not herself pos-css she was not aide to tran-^mit to the United States.
KiT .Majesty's (iovernment have, in view ot these con-iderations. no doubt wiiatevcr
that B: tish subjects enjoy the same rights in I'ehvinu:'s Sea which belong to them in
every otiier portion of the open ocean; but it is, nevertheless, a matter of sincere
sati faction that the President is willing to refer to arliitration "hat he conceives to be
the matters which have heen under discussion between ilie two Governments for the last
four years. In regard Ui the ipiestions as they are jiroposcd hy .Mr. Blaine, I slunild
say that as to the first and second, no objection will l)e idlered by Her .Majesty's
(iovernment. Tliev are as fv'Uows : -
"1. What e\clu-i\e jurisdiction in the sea now kuown as liie iJeliring's Sea, and
what exclusive rights in the .seal fisheries therein, did iiiissia as-crl anil e.xereise prior
.'iiiil up to the time of the ee--ion of .\h;ska to the United States .'
•'2. lieu far were tlie.«c claims ol juri--dieii<m as lo the seal fislieries rec.p.^ni.'.ed and
conceded'} ^Mreal Ihitair. '.'"
The third (|uestion IS expressed in the following lermr,t '-Was liie body of water
now known as the liehring's .'^ea inrhided ia liu- piirase ' Bacilie <)ci.'aM,' as used ii\ the
Treaty of 18'_'5 lielween (Jieal liritain and Kiis-,ia : and. what ri:;iils (if any) in the
licliriiig's Sea were given lo- conceded I) (!reat liritain by liie sidd Tre.ilv i'''
ll<r Majesty's (Iovernment would 1 ave no o')jecfion to referring to arhitiaiion the
ftrA part of that (jucijtion, if it sluadd be thought desir.able to do so; but they would
:;ive that consent wiih the veser\ation that ihey do not admit thai the decision of it
iiui coiiehide llu' la.igcr ipiestions which the Aviiitrator W(udd have lo deterniine. To
ihc lalli'r pari (d' .No. •"> it uould he their liuly lo take exception : -
"What right-, if any, in the Behriiig'.-, Sea were given or conceded io Great
Britain hy the said Treaty .'"
Great Britain has never suggested that any rights were iiiveii i(> lu er conceded to
her by the said Treaty. All that >vas don-, wa- lo recouid/e her uuiural right of tiee
iiavinati(m and (isliinj; in that as in all oilier p.iris of the I'aeilie Ocean. Russia did not
f;i\c those rights lo (jre.it liritain, beiianse lliey were never her- to give ;iway.
"1. Did not all the rights of Russia as to iurisdieiion and as to the seal lisheries iit
liehring's Sea cast of the water houinlarv in the Treaty between the United Statcii and
L'JuJ ' O :i
GO
Riissiii ol' (lie 30th March, 1SG7, pass unimpaired to tlie United States xuulor tliat
'JVeaty ? "
II Arl)itnitor, ao Croat liritnin
'I'hi^ louilh i|UOs(ion is liarilly woitli rol'i'rriiii;' (o a
wdiihl lie jircparc'd to accojit it without ilis|iutc.
'I'ho lil'tii ])ro|iosed question ruu« as lollous: —
" 'i. AViiat arc now llu' riuiits ol' tlio United Slates as to the fur-seal iislieries in tlio
waters ol' tlie IU'hrinj;"s Sea outside of the ordinaiy territorial limit-;, whether siieh rights
grow out ol' the cession hy lvussi:i of any special riiilits or juri>di(,'tion held liy her in
such fisheries or in the waters of ]5ehi'inj:".s Sea, or tnit, ol' the ownership of tlie hreeiiin;'
islauils, and the hahits of the seals in resortiuj;- thitiier and rearin^j; tiieir youn^ thorooii,
am! j;'oiiig (Uit from tlie islands for food, or out of any other fact or incident coniiectul
with the relation of those .seal lisherics to the territorial [lossessions of the rnilcii
States r"
The first clause, "' What are now the riulils of the United States as to the far-se.i'
fisheries in the waters ol'tiie l'.elirin;.''s Sea outside of the ordinary territorial limits :*'' is
a (juestion which would he very properly referred (o the decision of an Arhitrator. Hiii
the suhsei|Ueiit clause, which assumes that .such rights coidd have grown out of tiic
ownership of the Invcdirg islands, and the hahits of the seals in resorting thereto,
involves an assuuiptioii as to the prescriptions of internntional law at (lu.' pie>eut tiiinMn
which Her .Miije^ly's (Joveriiment are not [iiepared to accede. The sixth (piesti(ni. wiiicii
deals with the issues that will arise in case the controversy .should he decided in favour dl'
(ircat Ihitain, would ])erlia]is nmre fitly form the suhstance of a separate reference.
Tier .Majesty's tiovernment have no ohjectiou to refer the general (lue-thiu of a cloji-
lime to arhitration, or to asc(.'rtain hy that means how far the enactment of siicl) a
))rovision is necessary for the preservation of the seal species; hut any such referein'i-
ought not to contain words appearing to attrihute special and ahnornnil rights in tlii
nnitter to the United States.
There is one omission in these (puvstions which I have no doiiht the Goveiiimeiit of
the President will he very glud to repair: and that is tiie reiereuce to the Arhitrator of
the (pioiioii, whiit damages are due to the persons who have heeii injured, in cn.se i;
shall he deiermined hy liiiii that the action of the United Slate> in .seizing liritish vossci-
lias lieen without warrant in iiiternatioiiai law. Suhject to these reservations, Ihr
.Maje'sty's ( iovernnieiit will have great .satisfaction in joining with the fioveriiment of Ilk'
United States in seeking hy means ol' arhitration an adjustment of the internatioiiiil
(juestions wiiieli have so long formed a nnitter of controversy hetween the two (ioveni-
ments.
I have to re(|nest that you will read this (los])atcli to Mr. lilaine, and leave' a copy of
it with him siiouid he desire it.
1 aiu, &e.
(Signed) SALlSBUin'.
A J' I' UN l)[ X.
liilliMii, .I'lliii. Kani-'^elintka Sea, !■> o lar^'e liram-li '.I' the Orii'iilid or Xeilli I'milie (liiaii.
Naval (ia/uttCLi,'' |{eelill''',s .'stiaits, wliiuli is llu' oa.ssia'c I'lum tile Xiil'Ui l'a"ilii' I Iri'aii In the Alvlie .'^i a.
7(15.
ri.okrs, 11. I'li'criiifi's l-.!aiiil. .\li islaiifl in tlic Uacilie I Ireaii. | I'.rliiiii'j''- l-laiul i-. in lieliniii^'s .Si'a.j
Crnfral GaziUf.r." Kaliiselial !<.!. iidliliilL'il east mill .simlli Ivv I'aeitii'.
802.
Iiinli'liore. "tiiiii. KallllKcJialk.l. I'liailliini oli llir mvlli liy ihe riillllll'V Hi llie l\ollai> nil llle ea.^1 and Sillltll I'V
lercial Uli-tionary.' ||,|. ,\,i:Ul I'licilic Uia'lUl, lUul nil llii' Wcsl I'V the .'Si'a nl' I )knl,-k
903,
ncrigrailllical lleerillu's l.sllUld. lullin Xill'tll I'lO ilii < •(•(■all.
licUoiiary.'* Ixaiiinn,
«M.
•ihtivi'll, ('. "Ni>« r.ei.'riiiij's Islanil. .\M islaiiil in tlie Korlli I'acilic Ocean.
■'■""I '!"«'>'"■" Kaiiili hatka. liiver, wliiili runs liiln the .Vnrlli I'aeilie n,, oi.
Kaiiileliatk.i. I'ensiii>iihi, linninicil nii tlm i-.i-l ami .scmlli jiv llio Xnvlli rai-ilie Oee.m.
nail, 11. "Com. I -lai|i|> ii' I lie Ka.stel'U nl' Cil'i mI I'.nilir (.)i.<.ail ; iiliel-in^'n Ul".
;mm iifflro.
ia|.liy." 1815.
lalli-iii, ,1. fi. A. Slllli . .Mill. \'nni .'i iiniill. Ill', all his .'iM' li. I ii|i.'Hslr,....ie aiirwiil'lJ, ijtul.s liellii;i- .SlullUC,
i;.uRra|,l,i.rl,.. ; 11, |,i ii,£'., .Mi.uL is at the Imrllielii i xtii-lnilv ,1 lirhilliK'i-.Sea I
.111, 1822,
Av-:-:V.
91 f!
Jliliiinp's It,l;m(l. All i.-tland in tliu Norlli I'aritlc Octiui. "Edinlnircli c;i-
vttrcr," Edition 1822
vol. i, p. Ui.
lli>irill^;'s Islullil, 111 (lie Nurtll Pacific Oci.'an. "Genernl Cazetleer."
London, IB23.
Dfirlli'^'s I^<lniiil. Ill iIm' I'u'itic'. •• Ni'W London Uni.
vcrsnl Oazi'tlt-fr."
1826.
Mi'l I'ili'ifi'llH'- II N'l'ti'Ild (111 liorj an siul (Irpuis In C'citIl- I'olaiiv Aictifinc, f.-'est-il-ililv, ilrjinis " Dirtinnnsire Geo.
!• Hdrcit il.' Ucliriii,!.', i|iii li; fail coiiiiiiiini(|iio,r a I'Oci'an (ilacinl Ati.slral. {"'p''''"" ^-'"'>"'<''."
Slilic:! MciT. Voiii .'ill hikIIIcIht Iiri'ilc Ins zniii .'i iii'^nlliclu.r I'liciio vmliiiiit is ilnrcli M'ini'. Stiin, Dr. J. C.
Ilriti'ikril uml Stillc ili'ii uaiiicn ili?s Stilleii Mccre ; vnii da an bis zur IScriiii'SStiu^aij isl es licl'tiiron !! Gi'o(!''»iihi«clie»-
,, • n ft Sintlstiscdi's Hand'
>■. ;]!IMH Ullterwortm. w„rt«rln.oli."
Ilnlb'TaUdt, 1829.
linlill.^'.i Island. Ill llic Nultll I'arilK; ( liji.aii. •• Ponny National
Library : Geni'rapliy'
nnd GaitttciT." IMO
lllir-iiii^r's Stiail iiiimi'i'ts iIr! ridzm (Jcraii uilli tlio I'.irii'i.'.
Till' .Viiadir llnwrt inl'i tin' I'acilic ( Iri'aii.
The Jirincilial liiill's ul' .Asiatic Ilnssi.i an : iIm' liiilf nf Anadir, mai- lUiiiiiii.''^ Suail : llni So.i nl'
I'oiijiii;i. and lln- ( lull' of ' ikliol.sk, liclwi-cn Kaiiili lialkn and tlio mainland "I Itiissia— all tlin.i; in tlic
I'.iiilir I Icl'ail.
l.'iic'.aii ra(ltii|ii<.' lioival s'l'^tfiid di'iiui^ le li.'iroii ilr I'tdiriiiL; jiisiinaii tvopii|iic i\f CanuiT. " ?r,V-i4 do l» Gi'o.
graphii' UniTerni'Ue,''
par Malt(>.Ilrun, vol. ii^
p. 181, Sditi'iM IM3.0.
.4rrnw«mitli.
" Grammar iif Mfkl.rn
, Gcojfraphy.'' 1832.
1,'- lli'iroil do Iieliiiii;^. -V coiiimi'iiii'i |ial' co dc'-lrnil. \c (liaiid Ocoaii foil Ocisiii I'rtciliiiuc'i I'oruiL' Ditto, vol. viu, p. 4.
';. !i!!iiu- oiii'ntalo do I'.Vsio,
IklniiiL; (Ili'tloil i'('li'-liio). II joint l( li.-oaii < ilaojal .Vr. linuu an Ciaiirl i_ln.-;in. Lannloii. •■ DiL-ti.m-
imiri- de Geographic."
1838.
Till' I'aoitii,' llioaii. Il- lioiiiidary-lino is ]iii'lly wuU dult'riiiiin.'d liy llie udjaccnl ooiiliucnt.s, " Ponny CyilopKdia,"
'ji:i'li ii|i|iioacli ono aiiotliii- luwai-ils tlio in'itli, and al Itoliriny's Stniil wliicli soparalus tliein, art- only "*<"•
.I'liut 'M'l iicilcd a)iart. This .strait iimy Ik' considorcd a.-< clo.siiif,' tW- I'ai-ifn; on tiio iiortli.
Bi'iiiiii'4 I'lK'troi; do) ii ro.\troiiiito ii'ird-cst di I'Asii! soparu oe CnntiiKiiil ilo rAinoriiini' et " Dictlonnair.- Um
rdcriin Cdai.'ial Ari'tii|iio do I'dcoan raoilii|iio, ''."[«'■' il'IIiitoim h d>
lli'hiiii- (Mor ih'}. iiaili'- do rOcomi l'acilii|no. M "N^Houi'ilet'."
Paris, 1842.
IJi'liiiii'.; illolioit dol. Canal do lod'an , . . . nnis^anl. les oaiix du rUt-uaii I'aoiliqiic a oolles de " Diciioonain' G(;o-
lltM'iUI Alcli.Alo. eraplnqup ,.l .Stalia.
^ tHjue, par Adnen
liuibi'rt. Paris, ll*.-!'',
I'ai ilic llct^an. UftWi-cii Iiinoiuido 70 wc.-l and lln" pasl. tliat i.s fop a siiiu'o of ovop ISII° — il "Th.. NV» Am.Tirai.
vi i.s tlie opoater part of llii! earth's siirraco, from iJchrliio's Straits to the I'olar Circli', thai soimrales '-yflopaidia," tdit.'d
|i; l..i,i tho Aut«r.'tio I.....HU. I'Lte dS ■""
New Vo;k, 18.-)1.
lifliriiio (l)olroil lit'). ( alial ilil <i|.illil l'oi-,iii iini^-anl lo> omix do rOn'an I'aclliiiuo .'i lollo.s du "Grand Diciionnaire
f'"':'-aii Glacial .Irctniiif. ^'' '"'oKrapiiic Uni-
' wraelle." par
M. Reschrrcllf Aine.
4 vol?, 18M,
M'.-lililiji's Sou, siiijioliino-. 1 alK'il ihu So.i of KiilnU'liatk.l, is ihai IioiU,in of tlo- Xortli Ta^ ili.' " Imperi^-l Gaietteer,"
I Ivinj; iKitwecu tlio Aloiiliaii Islands and Dohiiiig's Strait. '*'■'■
I ^tliriiin's Island. An island in llio North I'aiilio tloeaii. I'ullan.m's ■ Ga»,tt««
uf Dk World," ISK*.
lli'linii;;^ strait, which roiinucis llio I'.ailii wuli tho .Vr.-tic Ucoall, is formed l.y the approach "C\.-lopKdi« of (k,.
|"l till' I oiniiiiillLs of Amoricii and A<ia. (rraphy." by Charl.-
Kiiit^'ht, ]Nr«6.
I'a^itic Ocean. Its uxireino sonthoin limit is tlio .\iit(irctie I'iri'le, from which it stivtchcs M.rullocbs • (iwi.
b'litliw.iid ihrouah lo'2 tlejin'os of latitndo to ltelirin'''s Sti.iit, whii li separates it, from tho Arctic grapbicai Dictionary,'*
¥),..,„ c ^ n 1 ^^Ijl^^l p },i,nm.
Hi-'liviiij.' il»t!liiiiil do;, ('anal ou |.|,i» do imv uni-salit lo- oiiii.\ do rOcoaii (llarial .\ivliipio a " Grand Iliotionnalre
^ ill! rt »i',''»n psciHiiiif. i;"';r"'' '.' ';"''
* Si. Pierr.' LabousM.
Paris, 186r.
I''iirin'_;> ."'Iniil. Tin- narrow .sea l»-lv\eoi; tho noi'ih-eii.st ]iart of .\'ia and llie n.irlli-wo-i pail ■• Ency,'lnp«dla
til .\niorii'a, oonneotin- the N'orth I'.ioitic with tho .\ri-tic Ocean Britaimira," isM.
•iiiu' (Mi'trtnl lie). I'assaoe ipii unit !'(>i'(',iii Olacial .Vrctitpte an (iftind Ocean. Si.-Mariin. "Nou-
vean Dictiotinair,: de
Gcofirapbie t.'ni-
vrrselle." Paris,
isr9.
l"liinio So,., or Sea of Kainelmtkii. is that j^a^t of ihi' North IVilio Ocean liotwoen the Alenliaii ljppin.-otf» " G«.
|l-i.iiiiK III latitude .'iri' north ami Hebrino Strait in laliindi' Ht, north, 1^ whi. h latter it coiiimuiiieatcs 'rttei'mf th- w.irhi,"
llruli il I. .■ I-. , Philadelphia 1H8II,
92
llfycfl iin3 J^piimCiijjj
" ('y(Ti>pBedia of.Gwu
^rajthy." LondoM
and Glai^ow, 1890.
BrooVhau?' '' I'oiiviT.
utJ'tQc. Leiicon."
Uipzil!, 1882.
Ritter'd ''Gexjxrapldsi'Ji-
Statistisch Lexicun."
Leipzig, 18fl3.
" I*orkcf Knryclo-
jiaediH." i>ainlt*ton
Low, 1«S8,
<'Kamb(!ra* " Kiicyilo.
pitdia," 1889.
Btackif's " Sfodcrn
Cyclo()»!dia," 1S8I
Edition.
I'M'tiriiiL', or lilienii;' .\ sUait, .sen. i.slaiiil
llcriii:
ly, \oitli I'auific- Ocuaii.
MuiT. Ik-r imnld.xtliclislc 'IVil ili'.s Stillcii llci-uii'.-*.
l'>oriii,i.'.sslru.-^si>. Mrt'Vciii,'!: dui iiurclnsllicli-d' I'.i^ijiiMi- mil iluiii .'^lilN.'U I Iccaii Vfi'liimleml.
r.i'liriii.y'.'^ .>i.M. Xuilli-c'ii^i )mvl urUic I'lirilic l«4\\ri'ii Asia ami .ViiiL-iicii,
lii'liriiii,' .Stcait rniincct.s the I'acilii; willi llir Aivtir (((.can.
Iii'liriiij,' .S-a. A ]inrt i)f the Pacilic f)(.'caii, (^niiiniDiily kiiiiwii as llir Sea of Kaiiicliatkii
l!cl]iiiii,''s SIrail, oiiiin('ctiii,u tliu Xciftli I'arilic uikh the Au'tic Oi-i-aii.
l)i'lirin;.,''s Sua. .sdiin'tiiin-s lallcil llic >i'u ul' Kaiiii-lialka, L< tlial ipiulinii (jf tlij N<irtli Pacific Oceaii
Iviii'.^ Iiutwi'oii l!ic .Mi'uti.iii l^lamls and r.iliriri'..;'s .^trail.
Ill sii]i]joii of his arjjuiiifiit liiaL llic li'iiii '■ I'acilii,' Ooean " was iinl uiuhirslndil at, tliu linn' is
iiiclildiiiL; ]'elil'iii^'> Sea, .Mr. Dlaiiir has (|ii(ileil a iiDli' wliicli, il appears, was presented liv tli.:
Itussiaii Minister at Washin^ilon alter the ratilierilion dl' llie Treaty nf the ."dli (ITtli) .Vi'vii, 1S:'I,
lietweeii tlie I'liited Stales and lin.ssia.
In this note liarnii Tnyl .slated that " tlie .Meiitiaii Islands, llie eoasls nl' Silieria, and tlie liii.-i>i;:ii
p(is.sessifiiiK in 1,'eneriil nn tlie iiurtli-we.-it eiiasl nl' .\inerieii tu 5'.i' {W of iKjrih latitude were ]«jsitivi,-ly
t'Xei^pled friini tlio lilierty nf hnntiie.:, lisliinif. and enniiiii'iK' stipulated in laviiiir nf i'nited SLiti*
citizens for tell yeai-s." The rigliH allmleil to ecaild nut be tho.sc! eoatuineil in the Isi Artiehi of ttr
Treaty, wliieh is iinliniited in dnniticin. init thuM' ul' (Ve'|nenlin;_' the interior .seas, harbours, and ciwfc
cnnferred by Article IV.
r.aidii Tnyl '^naindeil Ibis iniisinii.liiiii nf the Treaty (in llie argument that " the eoasts u( Sikria
are washed by the Sea cif ( )kliiit.-k. the Sea ef Kaiiischatka, and the ley Sea, and nut by the Smith Sti
inwitidtied in the 1st Arliele cif the ( 'niivention," and that " tin .\lenliiin Islaiid.s were also waslu-dly
tli<' Sea nf Kninsehiitka or Ndrtherii Ooean."
lie added that" it was not tin; iiitenliiin nf itnssia In iieiiede ihi^ free navi^Mlinn of the I'licilk
Oeeau, and that she Wniild be satistied with cansiiij; In be reeui,'nized, as Well understond ami 1'l.lrol
lieyiind all nniimcii nf diaibt, the ]iritiei)ile lh;!t lieycmd "I'.l" oO' nn vi'ssel eniild aiiproach her eoa.sts am.
islands, nnr lish or hunt within llie dislanee nf L' inariue leiijjin.'s."*
Mr. .\daiiis, mi bi'iiiL! shnwn the draft i.f the nnte, slated In liarnn Tnyl that, if il were ]iii-s<;nti'i,J
he should return an miswer In the (^Ifeet that " the eon.struetiiui nf Treaties liependiiiji here upnii llicl
diiilieiary Tribunals, the Kxeeiitive linverniiient. even if dis|po.sod In aeipiiesee in thai of the liiissiai; j
(iiivernnient, as annnnneed by him ( liarnn Tnyl), loiiM iint Iw f? make il] biiidiuf.' upnii the Oiurtjl
(ir upon tlus naliiin. " Jle went ipti to .say lliat il would be luueh heller not to present the note, .t- 1
the United .Stale.s' nierehant.s wnuld not fjo to trouble the Itussiaiis on the coast of Siberia or iiirtli [
of the ."Tlh dc.'L'ree nf lalitnde. and il Was wise-l not to ]ait sneh faneie> iiilo their heads.
The incident, therefore, shows nolhiiiL' niati.'rial to the pii'seiit issue e:,eepl thai the lius-ianl
Mini.ster attempted in a note, wliieh lia.^ hitherto been kept secret, lo aru'iu; that I'eliriim's .Sea w.i'
iinl a jiart of the South Sen (a term which is not employed in the Urilish 'I'lvatj), and that Mr. Ail.iii«l
■-laled that, even if the I'niled States' t lovurniiieiil were dispcwd to aii|iiie.seo in this view, tlii')']
fnnld iiot iiind llie niitiou nr the ( 'nmls to it.
tin the other hand, the lle^;ulatinns of l.s.sl, under uliii lithe .\iiieii -1111 schooners " Kli/a " "UJI
'■Henrietta'' were .seized by the Ttnssiiin anthorities, are beailed: —
" Notice cl Order relative In Cniniiierci' nn Ji'ussi'in Pnrifi,- ('..nnt : —
" Witbniit a special permit or licence from the (invernni-lo'iiiTal rif Ka^lein Silieriii. fireliin vc.-.-!'ii|
arc not a'llowoil In carry nn trading', hiintiiij.', lishinj;, &c.. .,>i ihc Un>-.ian loasts or islands in t!"
Okhotsk and I'lcdirin^i's ,Seas, nr nn the north-i'iistcrn eoa^t nl .\sia, or within their sea boundary -liii-
(.Mcnioriindil ,1 iii Mr. l,nlliro|i's des|ialcli lo Mr. lliiyard of Ibc' 7th Maieh, ISML'. K.vci. lM,|
No. lot), ."lOlli Conj^Tcss, 'Jnd Session, ]>. 271.)
■M.de (iii-rs.in his siibse(|Ujnt imle of the Nih May. LSMU, .sjieaks of thesi.' leu'iilalioiis «s ■■ a W'tM.'i
|iublishcd bv niir Con.siil al ^'nl^nhaIua relative In fi>hiic.', huiitiii],'. and to Iriide in tin; l(n>siaii vaiaf
if the I'aeilie' (Ibid., (i. Jfili.)
Mr. I''reliiiyliuy.sen also sppaks of llie iiiatier iis "loucliiii'' the I'lieiiHe eo.i.«t tiskriw.]
abid., p. lifHS.)
* 11 iL.i'ii nut iif pinr, li.iwivcT, li.al llie prii|ioii>d llniil rf i leaitiirj wa« fili.'crvnl or plifol-.'cd, fur in ISliS llu- Hn«iaii li'
f>ir Vori-iijii Affiiira, r'jpUlniiii; tin- tr.'iihnfnt iil lli.' Ani.rirah m.«Iit "Java " In tli.- .Sua .it Okhotsk, writ's :—
" C'onaiilinni; Ulat fiircieii aoalon «rr foi-iiidd™ by ilir law- in forci' to llsli in tin- lluMian Kulfs anil h»v« at a disUnC'' I'sil
llian 3 miles from llic elion-." fM. WibIpiucii m Mr. ( lay list Jiilv. IKfiS, Ej. Dor. Nn. ini'i, iOlli Coi'icriss Iml ScBion.r
.2(13.) 7 .. .
xm^-m.
(Il'llll.
;ltk;l.
1 I'iicilk' Oteaii
I ill tlic liiiii' .,^
ri'sijiilL'il t>v ill,'
t!;) Ai'vil/ina,
mill tllC Ilu,"i::ll
i wi'i'o iiusilivily
f '.TllitiMl f^l.tU^
il Alliilr of tlw
Hours, iiml cret'k.-
con.--ts of Siberia
by tlii; Sciiith SiJ
1! also wiv-itii-d ly
(111 of tlio I'acift;
stood mill \h<:t:i I
icli liiT ooii.sls aiiu I
il wi'Vf )iivsi;nti"l,j
iiU licri' ii|i"ii tilt I
til' of the llussiffif
if iipiiii the C'mirts I
i-snil till- note, 111
if Siburiii or imrtli 1
wis.
tliiil I lie Ku'^i'U'J
I!i-hi iiiis Si-a wiisl
1,1 fliiit Mr. A.!am*l
II \\u> viuw. tlifyl
,i„_.)-,s " Kli/ii ' •'■'■
eriii, fivLMi;nvi'i-^"i-i
or is!aiul» j" 'j'"i
11 liomiilary-Iini '
|S^t•.'. V.\f<- '•">'•)
iitii.iis n.-s '■ 11 ii"""i|
tlu: Kussillll WilM
,; coii.'l lislii'ri'.--
i'a liiivs nl ,i.li.wn>-.l«l
li Congas, 2ml So!.».F
BEH
[C— 6366,
UNITED STATES. No. 2 (1891).
EURTFIER CORRESPONDENCE
BESPECTISO TIIE
BEHfiING SEA SEAL FISHERIES.
[In continuation of "United States No. 1 (1891) :" C. fl253.J
Presented to both lluunes of Pailiameiii by Command of Her Majesty,
June 1891.
LONDON:
PUINTFI) FOR HKK MAJESTY'S STATIONERY OFFU'K
1)Y lUnuiSON AND SONS, 8T. MARTIN'S LANE,
PHINTKHA IN OKOINAHY Tt> HUl HAJIVTY.
An<l to be purehMed, either directly ur tlirough aojp Bookseller, from
KYHE AND SPOTTISWOOUE, East Hardino Stuiit, Fiut STRiir, E.C., and
yi, Abingdon Strbbt, WiiSTMiNiiTER. 8.W. ; urn
JOHN MENZIES \ Ci., 1'.', IIanovib Strut, Edin»u»oh, amd
6d Bt 90, Wkiit Nilk Htrikt, GtAiaow; or
H0D0E8, riGQIS, and Co., 104, GRArroN Strut, Dublin.
[C— 0368.] PlW Gd.
TA1$LE or C0NTKNT8.
No.
1
Nninf.
To Sir .1. r.'iiiiuTroli'
Sir ,1, I'.i
ifulo
Ti.'!i';;rii|iliic
,, Tell ;,'|-.i|iliic
• . Tell';;! a|i1iif
i
Ti'li-Kmiiliic
Tcl0(,NM|>llic
,, i'lVli-L'ni|iliir
Tu Sir J, I*;mnci'fot(\ ,
Sir J. raunrcfutc ., [Ti'lorfi'apl.li'
'I'll Sir .1. rniiMccfdIc, . ri-li"_MM]iliic
Sir J. ramHofMlf ., Tiii'/rajtliif
I
10
11
12
13
14
Ij
IG
17
18 To Sii .1. l>aimccro(c.
Ti'Ii'ijraiiliic
..'T.Ip
ajiliir
Date
, ' r(lc'f!rn]ilii
rcloLirniiliio
Apr. 17, lt-;)l
•iJ,
2.1,
27,
May fl,
.Vpr. 27,
May 10,
10,
4,
Ifi,
20,
28,
Si']i.n;rr.
I'at'P
.Mr. Uliiiii''* «U(fi.'r«licMi fcr *iop|iiii(» mmI-
li<liiin; liy laiiil an<l sci pni'liiin aw.inl of
arhilralioii scimim uoriliy t<i iMiiitiiicratioii,
WiiiiM III' pii'l'ir iliiit priipn-il ulidiilil (■.mil' '
frMiii I liM- .M.iji'Hly'n liiiM'ninicnt ?
Mr. Illaiiii' aliseiil. Oil liis rcliirn, will prc-i
him 111 uivi! aiiiwir «illi as lilllc ili'lay ai
p[i>^ilil(i . , . . . • • ,
Mr. Illniiin prrrrr-* that proposal ulioiilii roiiir
t'roiii llcr .\|aji'Hlv'« Oovcrnnii'Ut. lli'wi»lii'<
lo cniiMilt I'ri'/iiL'iil .. . . .,
l'ri'!.iili lit >ii;."J''sta ri'ic.'valiiiii in propnsi'ij
m'llin I'ivemli, iillowiiiir Aincrican Coiiipiiiiy
to kill ('iioii;;li ijcnlit to mipport iiativcit, i
.^lr. lllaino 'Aill i.ot n|.'rn' to arraiiKi'iiit'iit i
he\»\: put in I'oiTi' till terms of arliitratioii
;in' M'ttli'd •, . ,
Is scniliin; liy mail noti' from Mr. Illaliiu j
jiislifyiii;; reservation iiia'le hy l*r»'siilent, <
anil sntiiiiitliii',' iletaileil proposal for tiwdiii •
vivcndi. (iives l.itti r ., .. ,.
lteport'« ooniniunications witli Mr, ML-iine on
proposal for vt'iiftiH vivfntli antl Presiilenl'ij
rr'irvati:)!! ,. .. .. ,,
I* seiiiliii;,' by nniil text of I'rofe.isor Klliult's
lleport on scal-lifo in J!elirin;;'B Se,i, in
Hliieli strosD in laiil on necessity for ecHnntion
I'f M'.vl-killint'. Importance of early reply
to Mr. lilaini'';! ^jrnpos.il ,. . . ';
Oive.< Meinoranilnm receive'l from triislvvortliy '■
foiiree on I'resiilonl's ii'm'i vatioii in pro- ;
poMil i/i"(/f/.v f'V'eHi/i
Del.iileil iiceoiint of comTiinnicatiiins with Mi'.
Ill.'iini' uilli re^ranl to proposcl mo<lu.t
vil'fllf/t ,. •• .« . .
Copy of iiiilr' from Mr. IMaiiiP roiitaiiiiiij;
(Jt'taileil propor.als for vwdus vivrntli, nini
iiil'eniliii|.' rre5iiicnl''i reM'n ntion .
Copy of reply tu .Mr. lilaiiie'.t aliove note
Will reply to lii.< telejirani a'i soon as (,'nniiilian
(iovernmeiit linve niiswereil further toniinit-
nle.'ition a<iilre.sseil to thi'iii ,,
Pre-iiilent anxiom for reply lo Mr. Illalne's
pri)pii?.;il of -1th May. Wlion may derision
of llcr iMaji'slv's {ioveriinient he expected?
No (liliiiilive reply yet received I'roiii Canada
with r<'i;ard to projiosed inmhts v'vitndi . . ,
! .\Ir. lilaiiies projios;il involves somi' lo«s of]
te\enne lo the I'nited States' (joveriiiiicnt, |
as well as e'iiisid»rable loss lo An'.«.''iean
Conip:'ny ..
President niiicli roncerne,! nt not liaviiej I
rxciived reply from Her M.ijesly' Oovi rii- |
ineiif. Ciiiti'd Stall's' ( iovetnmeiit c.innot
detain crnireis or I'unipany'* vessels any I
loii;;er
Nolo received from .\i'tiiiy; Sroretary of State ;
to ,he same ell'iet as comimmie ilion ripiirled i
in aliiive. Ileveniie sliamer " K'ish " has!
staried for seal i-lands. " Cor'.vi'ti " will i
very .-rhorlly start, hut she eonld still lake '
orders if agreement is arrived at hefore her ■
depnrtnro ., ,, .. .|
Iiill lo he inlroilund in I'arliaineiil, ;;ivin;; Iter
.Maje>ty's Goveiiiment powers fur jiroliihitini^
se.'il-lHliiii;^ in Uehring's Sea. Iler Majesty'^
Oovernmeiit can do nolhinf^ till Bill is passed
10
11)
Ji)
10
10
APPENDIX.
1
Sir J.
Catmcefote .,
••
Feb. 20, 1891
Reports of United States' Troasury Agents on '
affairs in seal islands, and fur-seal fiiheries ;
in 1890
1'!
a
»•
11
.M.y 11,
Introduction to I'rofesaor Elliott's lleport on |
condition of seal-life at the PribylolT Islands '
in summer of 1890 ,. '. . .. ;
bi
r'urtlicr (y(>rr('sj)()ii(leiicc' ivspuctiii^ tlic HcliriiiL; Sen Seal
I''i.slu)no.s.
Xo. 1 .
'I'lir Mdiiliita iif SiilisliUi'ij In Sir J. Patiiircjuv.
(IVIri;r;i]iliic.) luin-iijil Oj/irr, .Ifinl 17, I^DI.
I!i;ii III N(i'S S|;A. ^Ir. Iil;ii lie's Mi^'ij'.'slinn, wliicli voii nii'iiiiim in yuiir private!
Iritrr 1)1' till' Till April, t lial , pi'iiiliiii,^ tlii" jiward nl' (lie .Avlntrat i(in mi ilic iJclii'ini^'.s
>•!•.{ i|ucsliii:i, all M'al li^iicrv slioiiM he stcippi.'d, li'ilh li\ sea and laud, sci'iii.^ «orlliy
III' ciiiisidci-aliiin.
If \M' apjinno ol' it, wuuld .\[i-. Hlaiiii' pA'fci' thai llic pro[)tisal slioiild cuinc
Iriiin ii!< r
No. 2.
Sir .1. I'mincii'dlc In (lir Mnrijiiit! of Sdliflninj. — (lirrt'ircd Jjiril 22.)
(Ti lo'jji'apliii'.) ]Vii!<liiiii/t(iii, Ji'ril 22, l^Dl.
1 IIAVI'I the liiiHDiii' lo inliina your (jordsliip that Mr. Blaiiir id't lliis city Tor
ihr M'a-bidc oil till' l.'itli. As llir dali- nl' Ills rciiini was uncertain, I addirsseil a letter
III liiin Oil the 20lh in th(> sense of your Lordship's telei,MMiii ol' the ITtli, makiiitj the
iiiipiiry Mliieh I was tlii'icin in>lri;elfd to iiiakc. I am now inl'oniicd tliat Ids irturii
is expeetcd in a few days.
J am informed tliat it is in the power of llie IJiiitod States' liovernnient to
(MiK'i'l tlu> le:iso of the ishiiids at any time.
I will los(! no tiuK! in [ivessiii^- Mr. ]51uiiio to send me an answer with as little
ili'lay as jio'-sihie.
Ko. 3.
Sir J, Paitiicf/otr to Ihe Martjiiis nf l^alishurij. — {Received April 23.)
(Ti'lefjniiiliie.) U'dsliiiujioii, April 23, ISDl.
J HAVE tlic lionoiir to report tiiat the Secretary of State returned lO "\Vashiiii,'toii
to-day, and invited me to eall on him.
ile c\])rcsspd himself as tjratiticd at the favourahlc consideration j^'ivoii by Her
Majesty's (iovia'iinienl to liis alternative sii£;L,'estion, and in answer to your Lordship's
iiiiiuiry lu; said he would prefer that the proposal, which seemed to him very fair,
'•liiiiihl come from Her jMajcsty's ( iovcriiinent.
Ile added that he •wislied, however, before '^wjvj; any I'lirtluM', to communicate the
[iiiiposul iiy telejrrapii to-day to the I'residenl, who is absent from M'ashiugtoa,
[296]
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23 WEST MAIN STRtIT
WEBSTER, NY. 14580
(716) 872-4503
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No. 1.
Sir J. Paunce/ole to the Marijuin of Salixbury.—{Receired April 27.)
(Telegranhic.) Washington, April 27, 1891.
MR'. BLAINE informed mo to-day tlint the President had suggested a small
reservation in the proposed morlits vivendi to the effect that permission should he given
to the Company to kill a small number of seals sufficient to compensate them or the
support of the natives in their employ during the modus vivendi, but he did not appear
to insist strongly on it.
As, however, he will not agive to put the arrangement in force until the terms (if
the arbitration arc settled, I fear it may only be applied when it is too late to !)e of
any service.
A full report of the interview above mentioned will l)e found in my despatch
of this dav's date, which I am scndina: bv mail to-morrow.
No. 5.
Sir J. Pnuncefole to the Marquis of Salisbury. — {Received May 5.)
(Telegraphic.) Washington, May 6, 1801.
BEHRING'S SEA. With reference to my telegram of the 27th ultimo, I have tiic
honour to inform your Lordship that 1 fornard by messenger to-day copy of a note from
Mr. Blaine which I received Inst night, containing a lengthy justification the reservation of
made hy the Presidei*, and submitting for communication to your Lordship the following
detailed proposal for a modus rirendi for '.tie sc.ison of 1891 :—
1. The United Slates' .luthorities to issue orders limiting the number of seals to be
killed on the islands to 7,600, solely in order to provide for the support of the resident
natives, who number ."500 souls. Pending the result of the arbitration, all seaUkilling for
commerciiU purposes to be prohibited.
2. The United Slates' (Jovernnicnl to guarantee to Great Britain that no seals
shall be killed in any part of the open waters of Behring's Sea by any person on board
of any vessel flying the United States' (lag, or by any United States* citizen on board of
any vessel flying any other fleg.
3. Mutatis mutandis, a similar guarantee to be given by Her Majesty's Government
RS regards I5ritish subjects and vessels.
4. The above prohibitions to continue in force up to the Ist May, 1892, before
which date the Arbitrators are to render to both Governments their final award.
No. 0.
Sir J. Paunce/ote to the Marquis of .S'n/wfcMr]/.— (R^ceiVed May 8.)
My Lord, Washington, April 27, 1891.
WITH reference to my Iclejram of thn 22nd instint, I have the honour to
inclose a copy of the note which I addrcssc I to Mr. Blaine, as reported in my above-
mentioned telegram, informing him that your Lordship was disposed favourably to
entertain his alternative suggestion for a modus rivendi pending the result of (he
Behring's Sea arbitration, namely, to stop all sealing, both at sea and on land, and
inquiring whether, in case the proposal be finally accepted, he would prefer that it
should bo made by Iler Majesty s Government.
In my telegram of the 23rd instant I had the honour to report to your Lord-
ship the verbal reply which I had received from Mr. Blaine to that communica-
tion. It was to the effect thUt he would prefer that the proposal should come from
Her Miycsty's Government, but that before taking any further step he desired 'o
communicate by telegraph with tlio President, Avho was absent from Washinglou. I
called to-day on Mr. Blaine to inquire whether he was now prepared to proceed w illi
the proposal. He informed mo that the President felt some difficulty arismg from the
fact that the lessees of the Pribyloff Islands are under contract to maintaiu a largo
number of natives (Aleuts) engaged in their sealing operations, and these they would
have to support at a heavy loss diirinf,' the whole i)erio(l of the modus livendi. This
los'^ wonld ultimately fall on the United Slates' Goveiiiinent, and he had, therefore,
sii^'Ljested whether it n\ij,'ht noi he stipulated that a luoderato numher of seals miijht.
lie killed on the islands, suffieient to cover the loss in (juestion. I replied that I did
ii'it think sueh a suf,'!^esti()n would eonimend itself to vour Lordship. The proposal
tlint scaling should ho stopped, hotli at sea and on hmd, was hased on tlu; reeommenda-
tinii of the United Slates' fioveriiment Agents, avIioso Uej)orts had heen laid hcforc
('(iiif,'ress, and eopics of which I transmitted to your liordship in my despatch No. 11
nf the 20th Fchruary last.
In aeecdinu: to the proposal, Iler ^lajesty's Government would givo a sirikinfj
inodf ()f their solieitude for the preservation of the seal sp(M!iei, and of the spirit of
idiieiliation v itli which they were animated. There was to ho an equal sacriliee on
luith sides, and it would he unreasonahle that the jirojjoscd modus vivendi should bo
saddled with any special reservation for the l)eiu>(it of either j)arty.
1 furt.er observed that, in view of tlu; fact that the openini; of the fishery season
is already at hand, no time should he lost in putting; it into force, if it is to be of any
\ ;due this season.
I suggested that it might Ik; agreed to ])ut it in f irce for this season, irrespectively
lit the arbitration, and that in siudi ease it would he a convenient time to send a Joint
Conmiission of Experts to the islands to collect (evidence for the ])urj)oses of arhilra-
tinn. I failed to per"('ive how any Arhitnitors would undertake to proTiounee an
iiwai'd on the (piestio, of a close time witliout proper materials on wliich to found
Iheir judgment, and these materials could alone hi' supplied by a Joint Conunission.
I lidded that J had no authority from your Lordship to mnke such a suggestion, but
ilmt 1 ventured to throw it out for considerafiDii. .Mr. JOaiiie replied tliat, as reganls
till' reservation of the right to kill a limited number of seals on the inlands to cover tho
liiss which would result to the Company for the siipjiort of the Aleuts in their employ,
iliat was a condition which niiirhl perhaps not he insisted on; but he was absolutely
"|i|iosed to the su^'gesl'on of sendim; a Joint Commission of ICxperts to Behring's Sea,
I !■ to putting in force the modus lireixll until the terms of the arltitration had been
ili'liiiitely agreed to.
t pointed f)ut that if this were to li(> a condition of the arrang(!raent, it would
])inl)ably be too late to ]iut it in force tliis season, in \U'W of the time which might
1 lapse before the ])relimiiiaries (;f the nrbitialioii had been settled, and I reminded hiin
tlial his proposal was sim|dy tliat it should take elVeet "pending the result of tho
aihitration."
He re]ilied that his propos.il, as underslood liy the President as well as himself,
was sid)jeet to that condition, and he seemed to attach importance to '" as being
calewlated to accelerate your Ijordship's aeei'ptance of tli<' terms of arbitration proposed
li\- Ills (JovernnuMit. I therefore explained to him that all your Lordship knew at
[iresent resi)ecting the ]iro)iosal was that it liad l>een made by the United States'
flovcrnment, obviously in their o«n interest, and that ifer ^lajesly's Cioveriunent
had certainly lU/thimr to gain by acceding to it. 1 beirLred Iiiiu to d'sabuse the mind
of the President of the idea that your Lordshij), in giviui; the jjroposal a favourable
consideration, had been actuattnl by any other seulimeni than that of friendliness to
tlie United iStates' Oovernment.
I added that if owing to delay in the settlement of the terms of arbitmtion, tho
jii-oposed »inf/i/.v riVr/i(/i should Jiot be put in force this season, and the jiredii^tions of
the United States' (iovernment Agents as to the consetjuenees which must ensue from
the non-cessation of sealing should be verilied, the blame would certainly not attach
to Her Majesty's Government.
1 have, itc.
(Signed) JL'LIAN TAUNCErOTE.
Inelosurc iu No. (I,
Sir J. Pauncrfote lo Mr. liluini'.
IVar Mr. lllaine, Wunhhiglon, Jpril 20, 18!)1,
I I^FOH^iEl) liord Salisbury in a juivate Idler of your alternative smrgestion
lor a modus rivrndi, pending the result of the jlehring's Sea arbitration, namely, to stop
all sealing both at sea and on land.
liord Salisbury seems to approve of that alterutilivc, and he asks whether, iu coao
ITor ^rnjosty's Oovommont should nccopt it, you would prefer that the proiwsal
slidiilil oonu' fmin tlicni.
I l!ir)iii;lit you would like (o know T/Ord Salisl)ury'H vi(;\v of your imiposMl us mkiu
iis possilili', nnd tlirit must Ijc my cxeuhi.- for troubliu;; you with this Irltrr duiiui; your
ri'posc (1.1 N'irLriuiii lli-ach.
May I ask you to Itc so <;ood ns to lot inn know, ns soou jis you conveniently eaii
do so, vliat aiiswnr you would wish me to return to Jjord Snlisl)ury's in(|Miry.
lloiiint; that vou have already henelitcd hv the e'.ian;;n t>l' air, \ remain, Sec,
(Si-m'd) .Jl.LIAN I'AUxN'CEFOTJ'.
No. 7.
Sir ./. I'intnirl'otr to llic Maiijuin of' iialinlmri/. — {llecitived 'Maij 10.)
(Tele-raphic.) Wnshimjlim, Mn;/ V), iHll.
A Mv\VSI'.\ri;i{ iiMs jusi puhli->lied the text of I'roi'essDr'llliiott's' introdiieliori
to his llipiirt ou the eoiiditiou ot' seal lite on the United States' seal islands in
Mehriui;'s Sr-i, \\|iie|i he addressed in .N'ovemher last to the Secretary o[ the Treasury.
I \\\\\ transmit a eojiy in your LonKhip hy the mail of the 12th instaut.
Ill this l!eji(ii-| l'riiles>,(ir I'iiliott insists slroniriv on the necessity "I t he eessMlimi
of seal kil!ini.^ hnlli on land and at sen, imd on the a|)|ioiMtmenl of n ,|nint Comnii''<-ii>ii
of Aineriean, I!ii1i--h, and !!nssi:ui experts to proeei'd to the ro(ikeri<"s this simiiiui'
to \('rit'y the precise condition ol' all'airs.
The usiiril date tor tin* revi'iiue-crui/.ers and the Company's steamer to sail is the
l.'ilh instant, and it is very im])ort;int that 1 should, as early iis ju-acticahlc, ho in a
|)osition to reply to Mr. ni.aine's ])roposal.
No. H.
Sir .1. Viuimcfiitt' tn llir M(ir(jiii.s of linliiiburu.—{lirc''ivc<} Mm/ ID.)
(Telegraphic) ll'n.v/i/M./^oH, .Urn/ 10, Is^l.
I II A \ i; just received, tVoni a trust wortliy iiuthm'ity, the I'ollowiiu,' MenmrandMiii
on the suhjeet ol' the rc-crvation in the pnipii>ed itinihis rinnit' desired hy tin'
{'resilient, ^vllieh thro\»s a lU'W liLrht on the priivi>.ion in ipiestion.
It is as t'ollowh :— ■
" I'tuxl Sl.iiiD. — The slauu;hter lor food of ."(.(MIK small seals annually on St. I'iml
islainl, and 2,000 on St. (icort^(> Island, will he amply siillicient to keep the natives
ol" Ihi' sc.al isl.'inds in ^ooil c(mdition physically. The prolit to the I'nited Slit's'
(ioveinmcnt from the sale of these fond skins would he not less than 70,000 dollars
a-ycar, Mliiidi is 20,000 ddjlars more than it would cost to jirovide them with I'uei,
clothinif, and other necessaries.
'•'i'o kill more than thee 7,00(1 youiii,' male seals would hi! simply a wanton anil
uneallcd-l'or destruction of life, and would imperil the restoration of the rookeries to
their lormer condition."
'J'he M(aiioiandum ipioted ahove .shows that it is necessary for the hcaltl ol' the
natives to snpplv tlicia with seals for t'ood.
No. !).
Sir J. Vtinnccfdle to the Marquis of Hallsbuiii. — (llcciivril Mm/ II.)
My Lord, U'lixhiiiijloii, Mill/ I, IJ^IM.
OWINti to ihc eoininniiieations which have passed hetween Mr, iJlaine and tin
Norlh Aineriean I'onmiercia! Coiiiiinny (tlic present lessees of the seal island-^ i»
ikdirin-r's Sea) respeetinfi- the proposed cessation of the killinf:; of seals hotli at sea and on
land dm in;;- llic ii|iproneliin;^ fishery season, the rumour has found iU way in the pross
tlial .such a proiiosnl has cither heen made hy Her Majesty's (jovernineut, or that they arc
willing to assent to it, and that Mr. lilainc is prevented from carrying it out hy the
vuhenieiit opposition of the Company.
It mny Im ronvoniont tlint F nliould iilncc on record wlmt took jtlnoo between
Mr. Itliiino nnd niv'clr on the sulijoct of lii.s second or allcrnftlivo I'ropoN.'il for a vindus
liitiiiti, «liieh I ('oinn)nniciiti-d to )Oiir l.ordsliip [irivntcly on llio 7tli April last.
Mr. niniiie inndc IiIk first pr()]i(>>nl on llic lUlli iMari'li. lie (hen slated that, ns
lliiMi' now sci'incd to he a prospi^et of «{,'re«>in;; to the terms of an arhitialion, it wur
ilesiialile to ftrrnnj.'(' for n wnliis riimill i)eiulinj; its rrsnlt, and he threw out a Miff^'cstion
iif n niilins nf 1.'*) mile.-' within wliieh nealinfj-vesHels slioukl he proliihited from approaehinf;
till' -eal 'sl.imls. I ne(jMainiecl vi/nr T-oriisliip with that proposal in my telejjrani of the
Kith Mnrcii.
Alioiit n fortniirlit nfterwnrd.i, "t nn interview which .Mr. IJlainc van Rood enongh to
;,'ive me at his lionse wlieu ho was conlincd hy intlisposilioii, he reverted to the Hnbjoct of
the wiiilun vivfiuli, nnd he itsKed mo to ascertain wiiother yonr Lordshi]) would prefer as
nil alternntivo pr<iposnl that the killinir of Reals should ho stopped hoth at hcn nnd on
liitid peiidiiif,' the result of the nrhitintion.
I should hero ohsorve that for Home time past I lind been pressing Mr. Hlnino
must urgently, hut in vain, for a reply to yonr Ijordship's doHpntch of the 21«t Kchrunry,
ill "hicli certain modifications were projioscd in the (piestions which ho iiad formulated
in his note of the 17lli Decendier, i ^!I0, lor the jmrposes of the nrhitration. The delay
ill leturning a reply to your Lordshiit's tle^iiatcli appeared to me disquieting, and ho.
gl"ike soniewhnt despnndingly in tlio presence of Sir t'harles Topper if the (irospect of
ail adiiistment of the (juestionH for arbitration. I therefore informed Mr. Hluine thnt I
111 -iiated to transmit to your Lnidsliip any further prc)]ios:ils respecting a moilun vivenili
until (hero wnw reason to believe that the iirbitration jirojiosals contained in your
l,nni>liip's des]mtch ahiive referred to would be accepted ; and I suggested that the
nu)4 sali>fact()ry cnur>e would he for him to make his proposals for a tnndiis lirrutli
c'liiciirrently with his reply to that de«patch.
Mr. lilaiiic! nssenteil to my suggest'on, and said that he would " jirocecd in that
order." Hut neither in his reply to your fiordship's despatcb, which was delivered on (lie
1 nil .\prii, nor in the substituted note delivered the L'Tth .\pri!, is tlicre anything to bo
loimd in relation to a mnilu.i i Irfinli. In the iiii iiwhile, I liail informed your Lordship
[iiivately, by the mail of the 7lli April, of .Mr. Blaine's alternative iiroposnl for (bo
cessation of seal-killing both at sea ami on land, and on receipt <d' your Lordship's
telegrnni of the 17<b Ajiril, I aihlresscil a noti! (i> him, of wiiieb I had the honour to
inclose a copy in my despnlch of the '2~t]i Ajiril.
Ill that despatch I reported the diflieulties wliieh .lero afterwards raised by the
President nnd by Mr. IJlaine, and wbieh appeared to lac to render hopeless the timely
ai'iilication of the proposed uioilut viveiuli, Since (lieu, ns before btaled, the subject
lins been discussed in tlie public piess.
The opposition journals criticize severely the non-publication of Professor Elliott's
l!e]iort on the condition of the seal islands during the boa-son of 18',(0, and also the
ili^missal (d' Mr. (iolf, the Trensury Agent in charge of tin* islands, who had last .summer
exercised his otiicial authority to slop the killing of seals by the Company, owing to the
indiscriminate shuiu;liter praeliseil there, and to the alarming diiniiiution of seal life.
Mr. Hlninc is violenllv attacked hy those jcuiriinls for hesitating to put in force at once
iIk! proposed tnndiis lirenili in the face of the Ileports id' the I'nited .States' (lovern-
nieiii Agents, and in \iew ol' the readiness of ller Majesty's (jovernment to nci'ept the
preposnl.
I iiave, &e.
(Signed) Jl'LIAN rAUNrHFOTK.
No. JO.
.Sir ./. Piiuncefitic In the Manjuiii of Sdlinburij. — {Received Ma;/ 14.)
My Lord, U'itshin(/lon, Mmj 5, If^Ol.
1 HAVH the liononr to inclose a copy of a note which I received last night from
.Mr. Blaine containing detailed proposuU for a modus vitendi during the nppoaching
fishery BCRnon in Beliriiig's Sea, based on the principle of a cessation of seal killing both
at sen nnd on land. Tlic note contains n lengthy defence of the reservation desired by
tlie ['resident of the right to kill 7,500 scnls for the support of the native residents of
the PribvlofT iHlands, a reacrvatiun wliicli Hccms to mo HCiioUHly to detract from the
oquality and Kimplicity of the original iiroposnl. Ah regards Mr. IMaiiio'H narrative nf
wliat passed between us in relation to tlio proposed modiia vivendi, your Lordship «ill
perceive from my despatch of yesterday's dale tliat lio appears to liavo forgotten that the
reason why I did not telegraph to your Lordship his i Itcrnative proposal for a modim
vivendi was that it had been arranged between us, at my suggestion, tliat he should
make the proposal concurrently with his reply to your Lordship's despatch of tlin
'21st February, for which I had so urgently pressed him.
I cannot call to my mind that the President's name Avas over mentioned in the
course of our 'wo interviews, which Mr. Blaino correctly describes as " a conversationul
exchange of views."
If the President was so anxious that the alternative proposal should bo telegraphed
at once to your Lordship, it is to be regretted that Mr. Blaine did not apprize me of the
President's wishes, as 1 should have certainly complied with them.
Mr. Blaine's reply to your liordship's despatch of the 2lst February was not
delivered until tlie 14th April, and then it waH not accompanied by the proposal for n
modux vivendi. But fortunately I had informed your Lordship of the proposal by letter a
few days after it was made, and I received a prompt reply by telegram which I com.
municated to Mr. Blaine on the 20th April.
Mr. Blaino, therefore, cannot justly complain of any delay on my part, or on the
part of Her Majesty's Government, in relation to this matter,
I have, &c.
(Signed) JULIAN PAUNOEFOTE.
Inclosurc in No. 10.
Mr, Blaine to Sir J. Pauncefote.
Sir, Washington, Matj 4, 1891.
DURING the month of March last, a few days after the adjournment of Congress,
acting under the instructions of the President, I proposed to you that a modus vivendi ha
agreed upon touching the seal fisheries pending the result of arbitration of the questiou
at issue between the two Governments. The President's first proposal which I submitted
to you was that no Canadian sealer should be allowed to come within a certain number
of miles of the Pribyloff Islands.
It was, however, the conclusion of the President, after reading Lord Salisbury's
despatch of the 21st l-'ebruary, that this modus vivendi might possibly provoke conflict in
the Behring's Sea, and to avoid that result, he instructed mc to propose that sealiiiir,
both on land and sea, should be suspended by both nations during the progress of arbi-
tration, or during the season of 1P91. On both occasions it was a conversational
exchange of views, the first at my ollicc at the State Department, the second at my
residence.
The President was so desirous of a prompt rcspon.sc from Lord Salisbury to his
second proposition, that I ventured to suggest that you request an answer l)y cable if
practicable. Especially was the President anxious to receive an answer, which lie triis(e<l
would be favourable, before lie should set out on his tour to the Pacific States, lie loft
Washington on the night of the 13th April without having heard a word from your
Government. It was then a full month after he had instructed me to open negotiations
on the question, ond the only probable inference was that Lord .Salisbury would not agree
*0 his proposal.
The silence of Lord Salisbury implied, as seemed not improbable, that he would not
rc.-^'ain the Canadian sealers from entering Behring's Sea, and as all intelligence from
British Columbia showed that the sealers were getting ready to sail in large numbers,
the President found that he could not with justice prevent the lessees from taking seals
on the Pribyloff Islonds. The President therefore instructed the Secretary of the
Treasury, who hns official charge of the subject, to issue to the lessees the privilege of
killing on the Pribyloff Islands the coming season tlie maximum number of 60,000 seals,
subject, however, to the absolute discretion and power of an agent appointed by the
Secretary of the Treasury to limit the killing to as small a number as the condition of
the herd might, in his opinion, demand.
On tlic 22ui\ April, ci^lit ilays nf'lor the I'rosident had left Wnshinglon, joii notified
inc when I was ahspiil fioiii the capiliil tha>. Lonl Salisjjiiry was ready to agree that all
scalin^j should lie siispiMided lUMidiiii; tlic rosidt of nrhitration.
On tin.' L'.'ird April I ti'lcgraphed I^ord Sali^hury's proposition to the PrcHident.
He replied on the 2atli April, cxjinssin;; jjroat Ratistaction at Lord Salisbury's
nics>aK<', hut inslructin;^ nic to int'ortn you that "sonic seals nuist he killed hy tha
natives for food ;" that " the lessees are Itoiiud undt-r their lease from the (lovernmcnt
til fcc<l and eare for the natives, niakin;; it necessary to send a ship to the Prihyloff
Mands at their expense ;" and that for this service — a very cxp- nsive one — the " lessees
filioiild find their compensation in taking a moderate number of seals under the lease."
The President expressed his belief that this allowance would he readily agreed to by
Lord Salisbury, I'ccause the necessity is absolute.
You will rcmemher that when i communicated this proposition from the President
ti) you on the evening of Monday, the 27tli April, you did not ajjrec to the President's
sii;rgestion. On the contrary, you exjiressed yourself as confident that fiOrd Salisbury
would not occept it; that, in your judgu'enl, the killing of seals must be cut off
alisolutely on the lan<l and in the water; and that it could not he stopped on either
uiilcss stopjiod on hotli.
The narrative of facts which I have nov given, absolutely necessary for clearly
iiiulerstanding the position of this (iovernmcnt, brings me to a further statement which
I am directed by the President to submit. The I'residi-nt refuses to believe that Lord
Salisbury could possibly maintain the position you have taken when his Lordship is
liluced in full possession of the facts, which I shall now submit to you somewhat in
detail.
When the privilege of killing seals on the Islands of St. (Icorgc and St. Paul in
Hchring's Sea w;is leased to the North American Company for a certain sum per skin to
be paid to the (ioveinineni, other duties of an onerous, costly, and responsible character
\\(i<! imposed upon the Company.
Under their K-ase, the Company is obliged " to furnish to the inhabitants of the
Isliinds of St. (Jeorgc and St. Paul annually such (luaiitify or number of dried salmon,
and such (luantity of salt and such number of salt barrels for preserving their
nrccssnry supply of meat, us the Secretary of the "Veasury shall from lime to time
(leterniiiie."
The Company is further obligod (o " furnish to the inhabitants of these islands
SO tons of coal nnnually, and a sutlicient number of comfortable dwellings in which said
iiiitives may reside, and shall keep such dwellings in ])ropiT repair."
The Company is further obliged " to provide and keej) in repair such suitable school
liniisen ;.; may be necessary, and shall establish and maintain during eight months of
each year proper schools for the education of the children on said islands, the same to
lie taught liy competent teachers, who shall be paid hy the Company a fair compensation,
all to the salisfaetion of the Secretary of the Treasury."
The Com|iany is further oliliged to "maintain a suitable house for religious worship,
and will also provide a competent physician, or physicians, and necessary and pro|ter
niedicines and niedical supplies."
The Company is still further obliged "to i>rovide the necessaries of life for tho
i\idowH and orphans, aged and inlirni inhabitants of said islands, who are unable to
[irovidc for themselves."
And it is finally provided that "all the foregoing agreements shall bo done and
prrfornied by the Coni])aiiy free of oil costs and charges to the said native inhabitants of
said inlands, or to the United States."
And it is made still further the duly of the Company "to employ the native inhabl-
lanls of .said islands to ]ierform such labour upon the islands as they are fitted to
perform, and to pay therefor a fair and just compensation, such as may he fixed by the
Secretary of the Treasury." And also the Company "agrees to contribute as far as in
its power all reasonable ell'orts to secure the comfort, healt' education, and promote the
morals and civilization of said native inhabitants."
In short, then, the menus of living, the facilities for education, the care of health,
the religious teaching, the training of the young, and the comfort of the old, in a
community of over ;HlO jicrsons, arc nil in> posed upon the Company as its scdemn duty
by specific Articles of the kase. I inclose you a copy of Census of 181)0, giving every
name of the .^0^ persons, old and young, male r.nd female, who constitute the whole
ciiinmimity of the Prihyloff Islands,*
* For IncloKurr, teo lucloiurc in Sir J. P<iiiiioi'f'uli''a ili'^jmlili, (luU'<l I'lbrnary 'JO, 1891 : A|>|iruiii>, Nu.
[2061 C
Tlic (liiiioH tliiiK ii)i)ic)K(>(l ii|iii;i llio ('oinpiiny tiiii^l lio discliiir^cd nniiimllv Mill
piiiictiialily mill t'xacliii'SM. 'I'lic coiiiriul, ]i(i-.sililv llio ^iilVly, nl' all llu'sf liiniiaii hi in--
ju'i'iilii. I_\ ln'l|ik>s "licii Kfl to tlK'in-i'ivi's, is ili'|i(iiili'lit up iii llic ('ciiii|»utiy uiiili r (In
IcasCi niid llio le?<:-ei's arc |iaiil llii'iflcr liy (lie ridvciiinicnl in tlir M'al^Miis mIiu'I, iht
Miy 1,111(1 Sal
Comimny roci-ive tor ilio sorvico. II' tlii' Coini'any shall, as ymi say l.oril Sali-.|iiiry
rcijiiL'^ls, lie ili'i.rivcil of all |iiivil(';ru of lakiii;;' M'ajs, tlwy I'lTlainiy cdald in! he
u(nii|>flli'd to iiiiiiislcr to tlic wauls of ihcsc r,(ii) iiihaliiiaiits fur u:i ciitiro your. If tlicsc
islaiiders nro to hu left to charily, llio Xorlli Aiiii'rican Coiinaiiyis iiiidor no {•rcaliT
olili;^al 1(111 to extend it to them lliuii are other eili/.eiis of Ihe I'liited Sfiles. U
t'videiilly UMjiiires a eoi.Kideralile sum of money to fiiin'^h all the Mi|i|ilies nanieii in Ihr
lease-- sii|i|)lies which must he carried l,(iO() miles on a siieeially t liarliied steamer. It
the leasees are not to he allowi^l ]iayinent in any form for iho aiiMiinl necossiiry hi
KU|i|iort these :10() jieoplo on the islands, they will naturally declino In e.\|iend It.
Ko n|i|iroprialion id' money has hein made hy ('i)n;;ri^>s fur the imriiose, and |i,r
President cannot leave these Hoithy and innocent |)eii|ile to tlu' hazard of slarvaliua
even to secure any form of Af^reement with l,ord Salishnry ti'iichini; seal life. J^eal lilc
lay he Viilnalde, hnt the first duty of the (loverniiieiit of the I'niled Slates in iM^
III
matter is to j^ot'-i
t hm
lift
In this e.xi;;en('y. the President in>tnu'ts me to proiPMSo to L' rd Silishiiry that iic
coneede to the S'orlli American ( 'oiniiaiiy Iho ri;;ht to take a ■-nUieiei'l nnniher of m-.iN,
mill 'lo more than sutlicient, to recoiniiense them for llnir outlay in laKin^ earo of Ihe
natives, and that, in the phrase of the I'rcsideiil, all " loii.nuri'ial killing' of seals ho
proliihited peiidinjr the result ol arhitratiun."
The Secretary of the Treasury iias a iii;ht to fix the nuniher ncc.ssary to the nul
dosired. After full consideration, he has limited the nuniher lo 7,''"" to he killed hv
the ('oni]iaiiy lo repay them for tln; outlay deiiiMided for the support of the ."JOO peupk-
on the I'rihylidf Islands.
lie further directs that no females he killed, and that thus the productive capacity
of tliu herd shall not iit ihe sli;:litest degree ho impaired.
This point heinj; tixed and aj^reed to, the proposed Arraiifjoiueat hetwccii llie twn
countries wo
uld h
folk
I'll
The (loverninent of the Dnited Slates limil.s Ihe iiunihcr of sonLs to he killed
the islands for purjioses just dcscrihcd to 7,'"'"*^'.
The (tovernnieiit of the I'liited Slates f,'uarantees timt ii ) seals shall he killed ia
the open waters of IJcliriiiif's Sea hy any person on any ves oi .--iiiiiii^' iiinlcr the American
(l:ig, or hy any Ainericun citizen sailing under any other lla ;.
The (iovernmcnt of tJreat Britain guarantees that n.i seals sliall ho killed in tlic
open waters cd' HehringV; Sea hy any person .m any vessel sa ling under the Hritish tla,;,
nnil that no Hritish suhjecl shall engage in killing seals for tin. tinu^ agreed upon on any
vessel .'■ailin
nniler any other (lag
These proliihilions shall continue until the 1st day of .May, IS'.l^', within wliicli liiiio
the Arhitrators shall render linal award or avards to both ( lovernmeiiis.
These several inopi)>ilii)ns are suhniitled for Ihe consideration of Lord Salishary.
Tlic President hclieves that they
•ahulatod lo produce a re.iult at once fair ami
honourahle to holli (Jovernmeiits, and thus lead to the permanent adjustment
controViT-y which has already heeii left too long at issui
i,r a
1 have. &c.
(Sijinedj
J. (!. ULAiXi:
No. 11.
Sir J. Piniuri'fotc lo Ihe Mnnjitin o/' /S«//',viiii;w/, — {Ili'Cftrcd Muij 1-1.)
Aly Lord, H'tislii,i</l(iii, Mmj o, lJ^!)I.
WITH reference to my imniedialely preceding despatch, I have the honour to
inclose herewith copy of a note which I have this day a.-!dressed to Mr. lilaiiic in
aiihwer to Ids communication of yesterday relative to a mudiis lircnili in liehring's Sia.
1 have, \c.
(Signed) JULIAN PAUNCLFOTH.
^r.
lo nmi
1'
;i
C, It
■'1
|)ca
11
i> a
11
licv
Ih
IHII
iid'orni'
llllluil
Inclostirc in .N'o. II.
Sir J. Pfiuncrfoir In ,\[i-, lilninc.
In whicli fiiiio
•Sir. Wa^hiiKjtn,,, Minj f), l«<)l.
1 IIAVI'i tlic lioiiniir In .•i<kii()«l«Ml;,'(' lh(> receipt of your iinle <>i' vestenliiy, in wliieli
M'M Imve rdrniiihiteil. fur liic ednsi'lrriiddn ol' tlie M!ir(|iii-i nf Snliiliiiry. lielnilcd |)|(i))(>kii1s
t'nr till- miiiliis limili iliniiiir llie iipiiroacliini; tisliery si'iisou in itelirin;^^ Sen on tiio
|iriiicilile oi' 11 ecs^ntidli ol' seiil Ullin;; imlli ill >ea iinil im iiinil, an iirr.niuiMnent (o uliicli,
ii~ I iiii'iirnieil you in my noli' of Ilie I'luli iillinio, lii^ l,oril>!iiii was di-iMiseil lo i;ivc' iiis
ravdinaltle considcralinn. I liave lorwanleii to f^urd Sali-'lmry liy tliis da^'s mail a eo|iy
111' yoin' nolo, and I liave lelej,'ra]iiied (o )ii^ liOrilship flie prcci-e terms of llie propusal
with wliicii it eonclndes.
I mticli re;;ret to lincl lliat a niise, inception has ari-i'U a~. n i;;irds \oiir complaint of
delay on my pari in aeijiiaiiiliii;: l-ord Sali--linry uilli your ■-eciinil or nllernativu pnipo-^al
l(ir a cessation of seal Kiilin;,' nt ^. a and on land, uliieli yon orii;inally niadi^ to nio
verliidly. On tliat occasion, ymi may renuinher lliat i exprci-sed hoiih! nlnciam'e nt
Miiiliiiir any t'nrllur proposals to liis fiOrcUliip while Ills dopalcli of tlio '.;lsl Kehnuiry
l:i-l (siilnnittin:,^ amendments on the <piestii>ns Un arliilrntioni ri nniined nminsneied, and
I'iiil I sn;,';(ested that it wonld ho nn)ri' sati>l'aetory it' this now jMoposal weru nindo
iniH-iirrently nitli yonr reply to that dc'^patch, which I hoped to reoeivo wiili the leiiHt
I'l-^ihle delay.
1 understood you to a»ent to thai suggestion, and to say that you would "proceed
in that onler."
ir you lad int'ormeil me that the President to- any reinon desired that this
iiltiiiiative propo-al should hi' li'lei;raplied to Loid Sali--hnry, I need hardly say tliat I
s'iniil I have eom|ilie(l al once with his wishes.
Ihit I cannot call to mind that the Prc^idenl's nnnu' was ever nicntioncil nt our
interview, ■ lieli you correctly dcscriho as "a oonvorsationnl exchange ofviows."
I'ortunately, iiowever, m) appreciahle loss of time occurred. I acquainted Lord
Sali-hiny with your alternative proposal hy the mail of the "th Ajjril, a few days only
alter it was made, and I received a prompt answer hy telegra|)li, whieli enuiiled me to
iiil'iirni you hy my note of the iJniJi .\]iril tliat his Lordship was disposed to consider the
lirMpo-.al favomahly.
Al an interview at your residence on the 2;lril April you cx|)resscd your satisfaction
al Lord Sali^hniyV ri'ply, and you stah il that hel'ore taking any further steps you doHircd
111 ((inunmiicate hy telegraph with the I'resident.
At a turtlier interview nt your residence on the l.'7lh, you inlormcd me tlint tho
I'lv-ident desired tlnit the iiimlit.t lirnuli should eonlain a reservation of the right to kill
a c, ilain nuniher of seals for the su]iport of tin- natives of the Prihylotf Islands.
.At lirsl >ight this reserv;ition caiisid me ^ome disajipoinlment. it certainly
apinared to me ojion to exception as detr.ieting from the principle of efpialify, which
»as a feature of the original propn^al. lint I was more eoneernod at your stating- 'hat
il never w.'is the intention of the I're.-'iilent or of yourself that the ;/io(/».s vitendi should
I'l' iml in force until the terms ot' arhitr.ition had ln.on settled.
I'his I feared would prevent the timely application of the irndim vivrnili, and I so
iiiliirmed liord Salishury hy telegraph on the siinie day.
I luitiee with satisfaction that m> such condition is alli.ved to your present proposal,
ahhough the reservation us to the killing of a limited nuinher of seals on the island ia
maintained.
1 am glad to think that there is yet time to carry out for tliis lishery season any
.•irr.nigement which nniy promptly h;' agreed to, and I hoi)e that llie ahove explanation
iiiiiy remove the im[)ression you apjienr to have fiu'med, that there ha-, lieen any delay
I'll my pari in e.xpediling the consiileratioii of the inodiis riwnili which you havo
liieiM),ed.
I remain, &c.
(Signed) JULIAN PAUNCEl-OTE.
|"295]
C 2
tr 10
■
No. 12.
The Miirifuii of Siilinbi<ri/ to Sir ./. I^irinr/'fnli;
(Telcffraphic.) /•■»;, /;/» O/fi'i'; Mnii 1(>, Iv.M.
AS HOOD M (ho Ciovornnient of Canada linvo aii.s\vci'<.> 1 coiiiiiiiiiiicatinii :t<lilr<"«>.i-(l
to tliem I will n-ply in joiir teloijnuu.
iNo. 13.
Sir J. Pduncefole to the Maniuin of Hdiinlmry. — (lieci-ived Mini 'JI, 9 .\.m.)
(Tplof»ra|iliic.) Washinijinii, Mm/ -JO, is'.ll.
I ilAVl'] just iTccivcd a letter I'nim tlie Acliii;; Seen-tary of .State iiifoniiiiii; me
that tiie I'resideiit w islies »() knmv tlie reply (if lier Majcslys (idveriiiiienl to the pri)-
posnl made oil 1th May hy Mr. Ithuiie.
In order to allay the; I'resiilenl's anxioty, T shall lie ohli;,'cd if your l,ordsliip can
pivo nie some iiitiiiiatiou as to when the (h'eision of Her Majesty's (iinrniiiieiil iii;iy
b<! expcetcd.
>o. 1 1.
The Manjiiis nf t^alisliin i/ to Sir J. Puiiiirrl'r/r.
(Tcleijraphie.) Fnreiijn OJficr, Muti 21, IH'.tl.
N(J deliiiitive reply has yet heeii ri'ceived from (.'aii;ida with rei^ard to tln'
jirojiosed modus rirrndi in ]{ehrin^''s !Sea.
No. 15.
Sir J. Pannce/ole to the Miiniiiin of Halit'iuri/. — {Received .Mii;/ 22, (i p.m.)
(Telopraphic.) Wmhimjtnn, Mmj 22, lSi)l.
I O.MrrrKl) to inform your T/inlship that ^fr. HIaine's jiropos.il iiiVolves to tlie
TJniteil States' (iovenimeiit a loss of revenue IVoin the Se.il Compiiiiy at the rate of
10 dollars jier skin, which amounts to .aliout half-;i-iiiillion doU-irs in all. In respect
of the arraiiijements made for this season, the Coiiipaiiy woidd also h.' ^rc.it Iosits.
No. Hi.
r ./. Pauncefole to the .Vur'/iii.v of Sulisburi/. — (licceired Mm/ 2(5, lO'l.'") a.ji.)
(Telegi'aphie.) Witshiiujidii, Mni/ 2.j, lsi)I.
1 ItKCKIVKl) a visit to-day from the Aetiin,' Secretary of .State, who came, hy
dosiri! of the I'rosidenI, to express his deep concern that no reply (o Mr. Itlaiiic's
proposal had hcicn received from ilea- Majesty's Ciovernmenl. IJy each day's delay
more detriment was caused to the United States' interests. Owiiii; to the iinprotecteil
stale of the islands, and to (heir heiiii; unprovided willi rations and stores, the riiileil
States' (iovernment are unahle any lom,'er to delaiii their eniizers or (lie vessels nf the
Oinijany.
I l)ci;u;cd him to assure the l'rc.>iden(, in reply, llnl all p i->sil)li. expedition w.is
hciii^ used hy your liOrdslii|); hut the form of .Mr. Itl.iiiic's [u-oposal, as well ;is tln'
Lateness of the lime when it was made, had tjiven rise to i^r.ave dillieulties, si 'iic of
which 1 explained to him. 1 told him that i hoped in ii day or two to receive the
reply, hut that I would telcgraiih the substance of his eoiumuiiiealion t) your
J.iOi'dship.
11 - .
No. 17.
Sir ./. I'liiuicfjole to the Miinjui.i 0/ Salinburif. — {Rireiifd .\fiii, 27, 8 I'.M.)
(Tili'tji'npliic.) U'li.thinijton, Mny 27, 1891.
'rill' .\cliiiy Si'iTct.ii'y (if State liiis jii^f \vritt<'ii 111c a note to tlio samo cH'tict ns
liin vcrlinl ciiiiiiMunii'atiiiii wliicli I ri'iHirted in my ti'li'tfnim of tlio 25fli May.
Jlcadds, iui«('V( c, lliat llu' I'liitcd States' {iovcnim. .it liavo founil it rifccssary to
(lis])atili tlio revfimc-slcanxr "Husji" in tiie isjaiids, and that the "Cdrwcn" is
lu'arly ready to sail at San l-'ianciscu, and will very shortly put to sea.
Should an as^ieemcnt, as piojiesed, he arrived at hofore Iicr de|mrtui'e to limit tlio
'■lal catch, tihe can still take appropriate orders.
No. IH.
Till' Miinjuis of Siilisliur;/ to Sir ./. Piiunrofnli-.
;TeIoi;rapliic.)
Forrlijn Offic, Minj '2H, 1S91.
I II. W I", to inlorm you that to-niifht notice will he ^ivi-n of a Hill i^ivinj; power
to Her Majesty to proliiliit for ;i iin.ited time llii- huntim; of .seals in Hehriiif^'s Sea.
It is hoped that the llmise of Commons will sanction this Hill within ;i Wws days,
lint until this has heen doM<' it is impos-ihle for Her .Majesty's (loverninent to aijri'o
I'nrmallv with that of the United States as to a hio(/i(.v rn-nidi, or to send eruizers with
nis
truelions to prevent the scalinit-vesscls from enterini» Uehrinij's Sea.
( 1^ )
.A|»|i«'ii(li\.
No. 1.
.*'i>' ./. P(iiinirfi)lr lo III!' Miiiijui.'i nf !<(llishurif.—{lirftli((l Miiirli 2.)
My Lord, fyaxliim/lon, luliniuri, LO, li*!)!.
I 1IA\'I', llic lioiiiriir Id iiirldM' cniiios of |{<'|)iii!s nl' S|ii'(iiil 'I'lcaf^iiiy .A;;^;!
('. .f. Cioir, iiiiil A^sisliiiil 'rrcasiiiT .\f;enlH A. W. l.avciidiT, S. IJ. Nclllitnii, iiii<l
.(. Miirrav, «illi accdiiipaii^iMiv dociii iciils, (•(iiicciiiiii;^ tlii" I'oiMlitioii orall'airs in (ho Sial
Islands 111' Ala-ka and tin; i'lir simI fislu'iics I'or 1>"JM.
'I'liiso I!('|iiiit-i liavi- lici'ii traii-iiiii.li'd lo lliu Si'iiatc 1)^ tlu' 'I'rcasiirv I)e]iiiiliiuiil in
rcspoiiso to a l!c'^ollltion i>( thai Imdy, luit _v<iur liordsldii will iicrreivc tliat llicy do no
iiu'liidi' (lio IU']ioit of rrivl'osor ]llli<)lt,(o ^Idcli rit'crfiici' lias I'rtMjiicntly ! ecu niadf. ami
whicli, II],) lo till! incsciit time, lias lictn willdiidd I'ri'in iiidilicalioii.
I am, ^<i'.
(SiRiRd) JULIAN I'ArNCKFUTK.
liiclosurc in No. 1 .
fil.v/ CoiHjres.i, 'J)!(/ Sr.ision. — Ex. I)nc. Ko, 4!t.
Sksatk,
Letter frnm the Artiiuj l^rrrrlnry nf Ihr Trrnsury, Iransmillini;, in respniixf lo ii liesoUilinn
(if llir Scndir, liriirnl.'' rriiicrrniiii/ Ihr C'liulilinn nf the Sral l.slinuls of ^Unsbi,
I'rhninri/ 10, lK!M. — IJelcrretl to the Committee on Commerre nnd ordered to be
printed.
Trpiisiiiii nepiirtmrnt, Of/irr of the l^rrrotarij,
Sir, ll'(/,v/,(ji<//f,», 7).f'.. /v/ni/«n/ '.I, 18!tl.
IN ])iir«iinnco of the T?eso]iilions ol' llie Sciiah; (d' tlic I'niteil States dated llit
10th and t-th nltimo rcspcclivrly, | jiave the henonr lo Irausinil liere«ilh eopies ol' llii
foil
owin^r Iteiiorts
)!■ S
'i'reiisiir\ Ajrelit Cliiulen .1. (ioH, and Assistant '['reasiii
Agents A. AV. Lavender, S. IJ. Nellleton, and .l()se|)h Mniray, with their iu'coniimnvini;'
doeuments, eonceniin;; the eondilion ol'allairs in the Senl Islands of Alaska, and reliitinir
to the fnr-seal fisheries for the year 189(>, &c., viz. : —
1. Letter of Charles .L Goff, dated .July 31, 1890, .snhniillin;;- Annual IJeiiorl, willi
the followinji
<' nieiosiires :-
(A.) Annual Hejiort. isno, dated .Inly M, |s!(0.
(H.) Hejiort of .Jose|.h Murray, dated .Inly .Tl, ^^iW.
(C.) l{ei)orl of A. W. Lavender, Assistant Treasury Agent, dated .Tidy 2(!, IRfiO.
(T).) Statement (d' ^lals killed for year ende<l .Inly L'O, ISlio, on St. I'aul Isliind.
(Iv) Siateinent of seals killed for U'ar ended duly "0, IS'.'O, on St. (ieor^e Island.
(!'.) Slalenient of .seals killed for food on St. I'nul Island during the year ended
May 21, ISOO.
((!.) Statement of seals killed in 1S!s9 on St. Paul Island by the Alaska
Conunercial ("oiniiany, and by the North Anii;riean Commercial Company in 1890 ; also
doily Weather Hejiori.
(II.) Statement of skins accepted oji Seal I.slands from 1.^70 to 1890.
(I.) Statement of liabilities of North American Commercial Comiiany to natives of
St. Paul Island to August 1, 1890.
18
(J.) Arcoiiiit ciirrcnt of Nortli Ainciican ( 'ommorcial ('onipnnv with rnitcd Slates
nil Isliind (.rSl. I'llliI, IS'UI.
(K.) Accoiiiil (Mirii'iil of N(irlli Aiiii.-ricnn CoiniiiciTiiil L'uinpuii)' »illi I'liilcil SUiti'ii
nil MmIuI (if Si, ( ic(ir;;i', I '!)0.
(L.) ('.•iisiH (its'. I'iiul Uliiinl, Alaskn, July .11, lSi)0.
(M.) Ci'ilslH of St. (icol-i,'.' l-lilliil, .Inly ;'.l, j.'^lto.
(N.) Hditi'inciil III' lu'Cdiiijls iiiiii-lcrri'il to tlio Noitli Aiiu'iiciiii ('i)iiiiiierciii
('oiii|iitny hy tiio Aliiskii Coiiiiiu'rciiil ('oin|i,iiiy I'or native:* of St. (Jcorxe, Miiy ill, \>W>
List of accounts iliic iiiiti\i's of St. (Jcorfjt! Islainl \>y North Anu'iican ('ornim-'rc'iil
('oin|iany.
(<>.) itccciiits of A;:<:iil-i Lavender and Murii\- Au;;U:it U and 1 1, 1 -!)U, for seals
^lii|i|)ed from i-lands.
(1'.) l'rol4'st of (icorir'' l>. Tiii;;le, Sii])eriiileiulei,t pf North AineriiMii < 'oiiiniercial
( oni|Miny, a{,'aiiist closiii;t season, -lidy 2i», !■:!)'>, an 1 i '[tly of Charles .1. (ioll, 'rreasiiry
A^eut
(Q.) Htaleiiu'Mt of skins taken on St. V Ishmo I'roni 1-^7" to If^DO hy Alaska
''oinnuTcial <"oin|ianj ; also seals killed for fooii for natives, Jmc,
■J. l{e|iort of S. II. Nettleton, Assist'int Treasiirv Si;cut, July !3!, IHOO, of allairs on
SI. Paul l.sland, IWII).
.'). Hciiorl of A. W. liavender, Assistant Treasury AKCiit, of August 25, 1890, of
ntlftirs on St. (icor;;t; Niand, is;)().
I. Heport of A. \V. Lavender, Assistant Treasury .\^(>nt, Octoher 21, 1890.
r>. Report of .\. \V. Lavender, Assistant Treiisiirv Anont, Octoher .^d, l.'j'JO.
I!. l{e|iort of A. W. Lasoiider, As>i>tani Treasury A;,'cnl, Mareli 1'.', ISOO, as to
-cliooner.s buizod hy the (Jovornment from !>-(» to 18^'J, their oouditiou, &c.
I{es]icctfully yours,
(Signed) A. n. NETTLETON, Actiuy Herniary.
The I'rcsidcnt of tho Senate,
Washington, D.O,
1. Letter of (Jharle.s J, Golf, mlmitliwj Annual Report.
Sir, SI. Paul hiniul, Alnsloi^ .luly M, 1800.
I herewith respectfully siihinit my Annual Kepoit <d' the condition of the seal
(i-lieries lor the year I's'JO. Also sucii tahuialeil stalenieuts and comuiunieations us
should ho in the liamis of the Department, as follows : —
(A.) My annual written IJeport.
(H.) .Mr. Joseph .Murray, First Assistant Treasury Agent's Ueport, St. George
Island.
(('.) Mr. A. W. Lavenilcr, Assistant Treasury Agent's Iteport, St. George Island,
([).) Statement of St. I'aul Island daily killing.
iV,.) Statement of St. tJeorge island daily killing.
\V.) Statement of fur-seals killed for food upon St. Paul oiul St. Gcorgo Islands, and
(lis|iositiou of the skins.
(tJ.) Tahle comparing daily killing of ISS'J with that of 1800, also giving daily
Weather KeporL for eacli year.
(II.) Taide showing the hog uing of each sealing season on the islands from 1870
to 18'JO inclusive, and nundier of fur-seals accepted hy the lessees up to .luly liO of each
year.
(I.) Showing the dislrihulion of natives oa.nings for season of l(s,Sf) and 18!)0; also
amount transt'erred hy the Alaska Commercial Comiiany to the Nortli Auierieau
('(imniercial Company, and tho amount to tho credit of the natives in tho hands of the
Morth AuuMican (Commercial Com[iany, August 1, IStM), and my instructions to the
rcproseidatives of the Alaska and Xorth Anioricau Commercial Company.
(.1.) Account current St. I'aul Island.
(K,) Accoiml current St. (Jcorgo Island.
\\,.) Census SI. I'aul Island.
(.M.) Census St. George Island.
(N.) Dislriliution of natives' earnings St. George Islaiul.
(O.) Steamer " Ariigo,' Captain II. C. fhouuis, receipts for season's catch of fur-
seals, 1800.
(P.) Mr. (toorge K. Tingle's eonununication protesting against the order stopping
tho killing of seals, July 20, and \\\y reply.
14
(Q.) Tabic showing the number of seals killed by tiic Alaska Comincrcinl Company
yearly, for the twenty years of their lease. The iliatribution of the natives' earnings fa
same period, &c., for the Islands of St. Paul and St. Ucorge.
Respectfully yours,
(Signed) ' CHARLES J. OOFF,
Treasury Agent in charge of the Seal Fisheries.
Hon. William Windom,
Secretary of the Treasury, Washington, D.C.
{A.)— Annual Report, 1890.
Sir, St. Paul Island, Alaska, July 31, 1890.
Pursuant to instructions, I sailed from San Francisco on the Gth .May on the North
American Commercial Company's steamer " Arago," accompanied by Mr. A. W. Lavender,
Assistant Treasury Agent, who, after his arrival, was stationed upon St. George Island
to assi.st Mr. Joseph Alurray in the discharge of his duties during tlie killing season,
and who will have charge of the island during the coming winter. We arrived at
Ounalaska on the IStli May, and on the 20th Mr. George 1{. 'I'ingle, .Mr. Rudolpli Newman,
and myself sailed on the Alaska Commercial Company's steamer "Dora" for the Seal
Islands, to take an inventory of the property on St. George and St. Paul, belonging to
the Alaska Commercial Company, according to an Agreement signed by and between
the Alaska Commercial Company and the North American C'ommercial Company on liic
12th March, 1890.
The Alaska Commercial Company was reprcscni-cd by Mr. Newman, and the North
American Commercial Company by Mr. Tingle, and I acted as Umpire, as per your
instructions, bearing date the lijth April, 1890. We arrived at St. Paid Island on the
21st May, and immediately commenced to take stock. After several days' labour the
business was well in hand, and we proceeded to St. (Jeorge Island per steamer " Dora,"
and made a complete inspection and inventory of all the pio])erty there belonging to the
Alaska Commercial Company. After our return to St. Paul there was one difference
referred to me, and satisfactorily adjusted, then the entire business was settled by the
representatives of their respective Companies,
The following property was transferred to the North American Commercial
Company : si.xty-three native houses on St. Paul and nineteen upon St. George, and
upon both islands all buildings and other property belonging to the Alaska Commercial
Company.
Upon St. Paul Island the sum of i),215 dol. 08 c. belotiging to the natives and
deposited with the Alaska Commercial Comj)any was i)assed to the North American
Commercial Company with the consent of the natives, and credited to their "pass book"
account.". Also several special individual deposits amounting to 12.117 dol. 2 c,
drawing interest at 4 j)er cent, per annum, leaving in the hands of the Alaska
Commercial Company 3,40i dol. !)!) c. to the credit of Mrs. Alexander Milevedolf, who
did not wish to make a change. On St. George 5,391 dol. 17 e. was transferred to the
l^orth American Commercial Company, but from this amount the sum of 1,700 dollars,
belonging to 'he priest, must bo deducted, leaving a balance of 3,091 dol. 87 e. to the
credit of the natives. The transfer was made and dated the 24tb May, 1890.
The past winter was unusually mild, the sanitary condition of the village was good,
the people were blessed with good health, and they ))assed the time pleasantly. Tlicy
wore under the combined charge of Mr. S. P. Nettleton, Assistant Treasury Agent;
Dr. C. A. Lutz, resident physician, and Mr. J. C. Redpath, resident agent for the
Alaska Commcrciul Company.
With the .spring came that dreaded disease to this people, pneumonia, wiiich caused
the depth of three sealers ; other ailments prevalent among them carried ofl' seven otiicrs,
women and children, making a total of ten deaths since the 1st January, 1890, the date
of the census, leaving ot present a total population of 208. The p'-,,ulation of St. Paul
Island in 1872, as fur back as the official records go, was 218. Arrivals since then,
seventy-six. Had it not been for this influx of immigrntion the native po)ndation would
have been about extinct. The established rule of thorougldy cleaning the village in the
spring and fall presents a marked contrast to the condition of the place a few years ago.
All along the green sward, in front of the dwellings, which was then a depository tor
filth and oflal, the children romp and play. Gradually, too, the people are becoming
more reconciled to cleaner methods in their dwellings, and many of them take great
pride ill their [)crsonal appearance and cleanliness. The school on this island was
IC
trtiii,'lit hy Simeon Milevcdofl, a native, w}io was educated in San Francisco. It was
(ipc'iicd on the 1st September, 1S8!), nnd closed ]st .May, ISOO — total number of school
(lii)s, 172; number tnugbt, !:;(».
Mr. Milcvedoir wns enerp;etie and untirinjf in bis efforts to advance the pupils, but
tluTc is very little interest tuken by tbem in Enj^lisli-speaking schools, so that there was
init little ])n)n;ress made.
The .Vorth American Coniiiiorci:;! ('ompany have commenced repairing the native
ilwuiling-houses, nnd so far have complied with all the re(|uirements of their lease. The
I'liitcd Slates' cutler the " Hear," Captain M. A. Ilealey, anchored off this island on the
2ntli .lunc and left on the same day. Captain Jlealey reported " No pirates in Ikbring's
S(;i." The " Hear " delivered to this island the boat and fixtures complete asked for by
iiic from the Department.
The l{ev. Sheldon Jackson was passenger on board the " Bear," and came ashore
ai'.il inspected the village nnd school-house ; he received a copy of the School Report,
niid was well pleased with the cotuh'tion in which he found things.
On the 31st July, in company with Mr. Tingle and Professor Elliott, I visited Otter
Wand, and found, to my surprise, that there were no seals hauled out, as was usual in
lIlL' p.xsl.
Tiie United States' cutter " lUcliard Kush," Caiitain W. C. Coulson, arrived hero
(Ui tlie 17th .fuly, and reported " no pirates in Hebring's Sea." Professor II. W. Elliott,
your recent appointee as 'I'reasury Ageiil, has .spent the season here, dividing his time
Iwtwecn the tv.o islands, and giving his entire attention to the slate of the rookeries and
tlie methods used at present in driviug and killing the seals, and his Report will, no doubt,
l)c (if the utmost importance, and of great value to the Deiiartment.
.Mr. William Palmer, a representative of the Smithsonian Institution, has, by your
pormission, spent the season on St. Paul collecting specimens of various birds and animals,
iml Ills incessant labours have been ^ibundanlly rewarded.
The mercbantal.le seal-skins in the salt houses on St. Paul and St. George Islands,
t.aken from the seals killed for food for the natives during the winter of 1889-90, will be
shipped as per instructions bearing date the ijtl'. May, ])er United States' cutter " llichard
Hush," Captain W. C. Coulson commanding, which will leave here early in September,
iiiiisigned to Ihe Collechu' of Customs at San I'ramisco. The matter will he reported
ilirectly to you by Mr. .Joseph Murray, who has charge of St. Paul Island for the coming
winter. Tlie aeeom|)atiying conniiunieations from the re|)resentatives of the Alaska
Ci)inincrcial Company and the North American Commercial Comiiany will fully explain
my actions in the matter.
The total number of fur-seals killed and accepted upon this islaml by the lessees was
iri.sno, and the total amount earned by the natives and distributed to them was
11, "s;! dol. .'W c. Your instructions to me njion the subject of dividing the earnings of the
natives, and looking after their welfare linaneially, I endeavonreil to follow, but was
prevented from doing so by Mr. ttcorge R. Tingle, general manager for the lessees.
His roasons for so doing are inclosed.
i regret that I am compelled to report that the seals are rapidly diminishing in
nuni'i'rs, and to such an alr.rming extent that to check the decrease will re([uire, in my
iipiiiion, the most carefid consideration of the Department.
To have a correct understanding of how the annual catch is taken, it will he
noce iSary to bear in mind the following facts : (1 ) Hy the .Acts of Congress governing the
<cal 'isheries the season opens on the 1st June and closes on the 3lst July, unless otherwise
restricted by the Secretary of the Treasury. (2) The bull seals arrive at the island
l)ctw en the 1st May .nnd the 10th .Tune, and the cows between the 10th June and the
lOth .fuly. (.'<) The large young seals, whose skins are merchantable, commence coming
about the middle of May, gradually increasing in inimhers as the cows api)ear, and with
llic large young seals conic a small portion of the pu|is born the summer before ; but the
greatest majority of the ye.'irlings put in their a|)pcarance in the nu)nthof July. Now, in
"ptMiing the season it is customary to secure all the two-year-olds and upwards possible
boliire the yearlings begin to till up the hauling-grounds and mix with the killable seals.
By SI) doing it is much easier to do the work, and the yearlings are not tortured by being
driven and redriven to the killing-grounds, llerelofore it was seldom that more than
15 per cent, of all the seals driven ihi> latter i)art of .lune and the first few days in July
wore too small to be killed, but this season the case was reversed, and in many instances
fO to 8.') per cent, were turned away. The accompanying percentage examples will show
tlio disposition of this year's drive. The first killing of fur-seals by the lessees was on
the Olh June, ami the scarcity of killable .seals wns apparent to all.
The season closed on the 20th July, and the drives in July show a decided increase in
[295] . »
16
the ])crc3nln!iCH of small seals turned away, and a dcprcaso in llie killablen over the drivo-
of June, dcinonstratinf;- conclusivoly that tiierc vero l»nl few killalilc seals arriviiiLf,
and that tlie larniT |)ail of those rctiirniiij^ to the islands weii' the i)ups of last year.
The averajfe daily killing- for llie season was 100, or a daily average ol ,">l'2 iiichidiii:;
only the days worked.
In 1880 the averaj^e daily killiiiir frdiii the ist June In the L'Oth .lidy inclusive \\:i.
l,51G,or a daily avenif^o of 1,1)71 ineludinv: only the days worked. With this undeni;di|i'
dccroaso in inerchantahle seal<, and kiiowincf the impoverished <'on<li(ion of tin'
rookeries and hauliiiij-^rounds, and helievin^Mt to he iniinical to the lie.st interests ul'
the Government to extend the time I'nr killin;f heyond the I'Oth July, I adhered In \hv
letter and spirit of your inslructions to me, and elosed the ki'lin;; season on the 20th .liily,
against the hitler prdtestalions nf Mi-. (Jeorire l{. 'finale, (Jeneral Manaj^er for tin
les.secs ; his coniniunieatidii to nie upon the >uliject and my reply are inclosed. Hal
there been a reasonahle proliahility of the lessees socnrinir their i|Uota of 00,000 se;ii>,
I should have deemed it my duty to extend the time for killinfj to tlic ."1st .'uly.
The killiui^ of the <Uh .lune, the lir-t of the season, was from the Reef Uookery, \\'.\\t
drive of about 70'l seals : the total killed, 110, i^'\\ jier cent, bein^ turned away as Icjd
small. On the 11th .lune, the drive was from the ]{eef liookery, about 1,000: Idtiil
killed, r)71, 4L'.i per cent, turned away. On the 'JUh June the drive was from the llcrf
Uookery and Zoltoi hau!iii;j;-'rrouiuK combined, and about 1,417 were driven: luial
killed, 300, 85| per cent, turned away. This exhan-ted /.idtoi liaulini;-^roimds fur a
period of twenty-one da \s, and it was not avaii:d)le until the lUlli July, when a};airi, in
eonnection with the Ueef Kookery, the last drive was made, ami about •"VftoO seals wcri'
driven, .150 were killed, and 80 per cent, tr.rned away. The seals turned iiway from Ihe
several drives invariably returned to the liauliMi^-grounds and rookery from which lliey
were driven oidy to be redriven to the killinii-field and culled of the few killahlcs tliat
chanced to join them u])oii their return to the sea from each drive, J5y refcrrin;;' In the
Table marked (D), showing;' the daily killini; for this year, and also comparing' the s:iii!c
with that of last year, you will see that from all of the drives the sanir percentau'es wore
turned away as from those I have cited.
AVc opened the season by a drive tVom the Heel Rookery, and turned away 8.'}', per
cent., when we should have turned away about lo per cent, of the seals driven, auil «)■
closed the season by turiuuj;' away >*>'< per rent., a tact which proves to every inipiirlial
Tiind that we were redrivin^ the yearlings, and consitkring the number of skins oblaiiinl
that it was impossible to secuie the nundter allowed by the lease, that we were ineiclv
torturing the yoimg sejds, injuriii;: the future life and vitality of the breeding rooketic^
to the detrinu'Td of the lessees. n:itives, and the Government.
On Hunday, L'Olh. July, all the rookeries presenting any mal(> seals were driven I'mm
English May, Middle llilj, Tolstoi, fjukaunon, Kt'ctavia, and b'ocky I'oiut, and ,il>inil
4,030 seals were brought to llii' killing Held; 780 were killed, and s;J per cent, wiv'
turned awny. On the same day at Xorth-east I'oint they killed 400, which, added to tlio'^e
taken at the other rookeries, nuikes a grand total ol' l,"-.'40.
'i'his, and the killing on the I '.lib .Inly, are the only instances recorded during I lie
season when tin- daily killing reached l,(JOO. Comparing' the killings with llin^i'
of the same dates hist year, we tind that on the I'.Uh .Inly, ISS',). tVom (South-west Hay
liauling-grounds alone, l,its7 were killed, and on the ■JOIh .Inly, ISM), IVom the K'lii'
Uookery and Zoltoi hauling-grounds 1.",)1,'! were killed, and never were there >iicli
percentages turned away during the entire season nor in any previous season, i"
my knowledge, as in that of ls!)0. It is true, however, that the Alaska Commerciiil
Com])any could and did take smaller seids last season than the present lessees can t:d{e.
because of the dilleieiices in the tax ));iid by them, yet there have been no two-year-olds "t
an average size turned away this season, they were all immediately clnhbed to swell llie
season's catch, which is far hehjn the number allowed for this year, a condition of alfiiis
that will convey to the I 'e)!:ivtnient iu language far more convincing than mine the t.itl
that the seals are not here.
The Morth American ( 'ommercial Company's agent, Mr. (Je(uge l{. 'I'in;;lc, n-cd
every ellort to have the drives made so as to have no nnneces.sary loss of seal life, and lie
would have made the season a most successful <iiu' for the Company it the ^cals
had returned to the rookeries as in the past.
It is evident that the many pr(?ying evils upon seal life— the killing of tlii' seals in
the i'acitic Ocean along the .iVleutiun Islands, and as they come through the pas.sos
to the Uehring's Hea, by the |)irales in these waters, and the indiscriminate sliiiinhtcr
upon the islands, regardless of the future life of the breeding rookeries, have al Inst willi
their combined destructive power reduced these rookeries to their present impoverished
17
)!• the Nfiiis ill
luiiiiilioii.and to such an iinoqual (lisliil)iili(Hi of acfcs and sexes, <liat it is i)ii( a. f|ncstioii
111' ,-i lew years, nnli'>> ininniliMlcly aUcndi'd (o, Im fore the sciil tainily of tliu I'rilndov
;;ri)ii|> of islands will l)c ,'i lliiiii.', ol' (lie piisl. Xotuitlisdindini;' the I'act that tlie seals
wrw looked upon as inexhiinslilde. and were oHlcinily reported to he increaHiii;,' as late as
l-"'-^, the lini<! has siMhlenl;, come when ex|(erinienl itml ima^^ination must cease, and the
truth he told.
Ahsolute protection is tlu; only sat'en;nard lor the rookeries, and the only step to be
taken with safety. The seal meat necessary for the natives' food is all that should be
killed nnder existinij circunislani^es. Miudi can he written on this stil)jo<'l, numy theories
may he advain'ed, all of which we have hiid for the pnst twenty years, to the evident
loss of seal life; hut the facts presented in the acconipanyiiij;' Tallies demonstrate witli
iii.itheiiiatical certainty the iV'iirftil decrease (d' the seals : and here I will say [ heartily
(■(mctir with my worthy iiredecessor. Mr. Oeorife I!. Tingle, who, in his olticial IJeport of
I ^^7. used the follow in;;' liinuiiayc : —
■ Th(! heparlment cannot place too liinh nn estimate on the value of this seal
]iri>|ierty, and the (toveriitneiit, I am sure, will not yield to any demands which would
make it possible to accomplish the deslrtictiuu of her seal rookeries aiul seal life, which
imdcr judicious nianaireinent and ])rotection by law mtiy he per|)etiiated indelinitely."
There is hut one authority upon seal life, es|)ecially the seals of the I'rihylov Islands,
an! this is the work of I'ndes^or Henry W. I'lliiid, who surveyed these rookeries in 1872
aii.l 1S7I, and his work w.is veri(i(Ml by Lieutenant .Miiyiiard. and I am satisfied was as
mar correct when made as was possihh' for mini to chronicle, hut to-day there is a
marked contrast in the condition of now and then. On p. 5t of the Professor's
!iiiiMo;,^raph you will find lu' places the number of seals upon N'orlh-east Point Rookery at
I. in:), 000. Standiii;;' on a ])romineiit elevation known as " Hutchinson's Hill." in the
month of .lul\, and facing;- the north, 1 had before me a sea niargiii of over :.* miles,
iiiriiin^- and facing the south 1 had a sea inar!>iii u\' over 1 mile. 1 could view entire
tiiis onci' famous rookery, and it was simjily impossible to realize there was ever sucii a
inoviiij;' m:iss of livitiii animals a^^ Profess, r I'illiott describes ; his estimate seems incredible.
Vet Ids writin;;s have never been I'eliitcd.
'j'o-day there is not to lu ^een over •J')n,iiO() seals of all a^es and sexes.
I'o the extreme south-west of the island is the Heef Rookery, reported to have (by
I'rolessor Kllioti) .'lOl.tiilO seals in 1S7|.. It has not over J()O,(l()0 seals to-day.
■ tiarholcb,'' the ndjoiiiiiiji- rookery, where the Professor says he stood on Old John ]{ock
and saw '' 1(),(IU0 liulitini; hulls, I can stand and count every hull in sight. This rookery
with the reef is an extendini;' point rimnini;- out into the sea sl()|)inu; east and west with
a iar<;e surface of tablelaiul in the centre. This was once a paradiiig- or playinu; ground
'vlicre the seals met as they came from the e:istaiid west .sides ; it was the resort of over
:.'iMj,ii()0 seals, now the reslin^i-placc lor a few cows and pu])s and now and then a worn-
out sleeping hull. The iiuinher now \i>itin!;- these rookeries (the Reef and (jarhotch) find
ani])le room on the two slopes, without )iiisliiiiii; hack on the ])lateau ahove.
Z(dtoi Sands, once a I'avouriie haiilin^-nround lor the bachelor seals, from where
tlioiisands have been driven and killed for their skins, is entirely deserted, only, however,
a >h()rt time in advance of all tiie haulin^-ifroiinds and rookeries, if ininiediale steps are
not taken by the !)e]iartinenl to nurse and protect these rookeries. Tukannan.a rookery
I'll the east side of the island, between the Reel and Polavanin, the most pictures([ue .seal
Linmiids of them all, where the seals were wont to haul upon the clitfs and in the
iiilcrstl.-es between the riiy;;ed rocks for over half-a-mile on the sen frontage, ii most
iiivilin;; home for this iiiy>teri(nis [lelaiiic family, where, in connection with Keetavia
llookerv, with the same sea ratine, tluTe were •i."i.->,()()0 of these animal.s, ))resents at
]iicsenl to tlie most caret'iil estimate not i",er 7.'),0lit) seals.
P(davania Rookery, hIiIi <,""" 'eel of sea nuKijin, with a seal life of .■(00,000 in
H7I ; Tolstoi Rooker\. with .'!,()(»() teet of sea miir;;iii, with :.':.\\OI'll seals in 1871 ; and
/apoiline, with .o,sso ieet of sea mariiin, with dll.OOO seals in 1874, nil pr('sent a most
i|i|)|,,rable condition, and do not show over onc-eii;lilh ol' tin- seals as reported hv Professor
Klliott.
With these i'acis in view, I am convinced there will be a i;reater decrease in seal life
.At year (ban ihi>, for it will not be in the power id' liiiiiiaii in;ri!iiiiity to check the
■I aiKaiicr toward-, cxterininatioii now ;;oiiij;' on in tliiU lenj;lh of lime.
In eonchi>ioii. I icsprcllnlly -llJ;^e:,l that liicie be no killiiiic ol fur-seals tor their
'ins oil these island-, nor in ili/ v.alcr of !'M'l;ii!!;;'-> Sea, for , -in indelinile number
' \iav^, (o ill naiiii-d by the Secrelai\ ol' the Treasur\. and lei Natni'e lake her I'ourse
111 n pleiiisbin'.^ the lookciies, and lliil tin I >ep,ii Inieiii take the entire nuitler <)f
|iiiilectiii^- these rookeli'' iiuiler it iniiiieiiiali' ,N|i|irrvi-ioii. for I re ;aiil aii> other svsleiu
\-J'.>o\ ' \t -2
18
of prolection 'Inngoroiis to the fulurc of all interested. Tlie liinitcil nuinber of senls
killed this season ])y tin- lessees will, iniddiibledly, leave (he inajoritv of the nativi's in
absolute uanl, and their eonditioii \mM a|i|ieai to the Department for aid. 'i'lie ainmint
distributed to the natives upon tiie Islands ol St. J'aul and f<l. Geori^e was (JJH.'J do). ■V\ c.
and 1,<)44 dol. 8ft c. respeelivelv. 'I'hiH will not be suliieient to provide tliein witli tln'
necessaries of life until the steaincr.-> return in the spring, especially so with the nativcsuf
the St. George Island.
With this fact in view, I made the followin<f arrangements with the North Ameriiiiui
Commercial Company, through tlair manager. .Mr. (Jcorge \l. Tingle. The Nurtli
American Commercial Company's resident agent, together with the Treasury Agent in
charge, are to adjudge what supplies are po'-iti/cly needed for the support ami
maintenance of the natives; the Company receiving from the 'I'rensury Agent a
certificate that such supplies have been furiii>hi(i, hut said certificate merely to bo
accepted as a. voucher of correctness. The matter to be adjusted in the future with t!ic
Department by the North American Commercial Company.
The Department will have to make some i)rovi>ion I'or the support and maintenance
of these jjcople, as their mode of making a living luis been destroyed for the jircseiit,
and their future is only what the charity of the Government will make it. There is
utterly nothing hero upon which they can dei)eii(l for a livelihood, until theniueh-wislieil-
for return of seals takes place, an event too far in the future to give even a promise ut'
better times to these unfortunate people.
Ke.spectfuily yours,
(Signed) CliAI{Li:S J. GOFF,
Trensui y Agent in clinrye of the Scul hltiuds.
Hon. William Windom,
Secretary of the Treasury, Washington, D.C.
(IJ,,' — Hrjioii of Joseph Murray.
Oj/iic (f Sii(i:iil Ayfnt, Trvtisiiry Dcimilmimt,
Sir, .Sf. (iporyr hhiiid, Alaslm, July .31, 18!)0.
I have the honour to re])orL that the health (if the natives here has been unusually
good during the jtast year, and i> at present far better than any other time in many
years. There is not a case of sickness on the- i.-hind, excepting those of long standiiifr,
due to .scrofula and other chronic diseases.
"With one single exception all the workmen an- well ami hearty.
AVe had a full ieiin of .school from Septembir until May, and under the care of the
teaclwr, T)r, \j. A. Noyos, it was a> well conducted as any iiublic school of its size in tlie
country; but, after all, I find the children made ne.xt to no jirogress in acquirin:;
simplest rudiments of our language, it seems incredible, hut it is true, tiiat young i.ui!
and women who have been to school here for seven years do not know how to s[icak or
read a sentence of tlie English language. iiOokiiig over their shoulders as they write in
their copy-books, and observing (he ease with w Inch they follow the head-lines, one would
think they were making ra])id progr> >s, but ask any one of them to read what he or slio
has been wridng, and they cannot do it.
It was long suspected (hat the older jicople secretly influence<l (lie children against
American schools, and encouraged them (o learn (he Russian language in jirelcrciice to
any other ; 1ml 1 find that they are .iu>t as ignorai.t of Uns.-ian as they are of Kngli^h, ami
as backward in leannng it-
There has been one day of each wecdi devolid to the Russian s.hool* which, Iti my
opinion, has a had effect upon the children in iheir attempt (o nla^(er (be Fnglisli
tongue, and 1 therefore respectfully suggest that l!ie inaclice of tcaidiing Russian In (he
school children be aholished. Afier a year's residence lieie, I am able (o say thai lln'
people as a whole have conducleil themselves \(ry\\ell itideed ; not a loml, vulgar, er
angry word has been sjioken in my hearin;r or to my knowledge by a native man ei
woman on the island of St. George. Not one case of drunkenness or drinkiiig, nin
anything approaching to it, has come (o my knowledge. A I'ase of wrong-doing liy ("n
white men, employes of the Alaska Commercial Company, comptdled me and my asM^liiiil.
Mr. A. P. Lond, (o complain lo .Mr. Slo>.-., the 1 Msidenl of (be Company, who iimnc-
diatcly removed and discharged (be ollemU rs. l'^.\ceiiting one instance, (here has iiol
been one word of eotnplaini from any (|unrler.
The men who wintirred in (he ser\ice of the .\laska Commercial ('ompnii\ iire iill
good and worthy, especially the agent. Mr. Daniel Webster, and the ph\sieian, l>i. ■\- '-
19
Noyes. [ take pleasure in tlius tcstifyinf? to tlicir worth, for I linve found tlieni lo
In; uprifjlit and lionouralile at all tinu's, in all tlieir Irnnsactions with the natives, willi
whom they arc deservedly very populur.
I have endeavoured to promote a more perfect sanitary system in the village, and I
find it is not so hard, as was expected, to prevail on the people to adopt better methods,
if one will be patient and treat them kindly.
It will be an impossibility, however, to do much toward establishing a saniUiry
system of value inilii we liavc better water and a more abundant supply than is possible
under existing conditions.
The jircseiit su|)i)ly of water for domestic purposes is obtained from a well into
which the drainage of half the village finds its way, and the wonder to me is that the
pc'o])le arc ni t constantly sick while they liave to use such <lrinking water. There is a
nice fresh-wntcr lake within 2,000 feet of the village, and fully 50 feet higher, from
«hicli a constant and never-failing supply of good wji* 'r can bo taken if you can have
2,000 feet of 'J-inch i>\\k' and the necessary hydrant and fixings sent here.
A drain is the next essential to success, and one of 700 feet in length can be dug
easily, and will suffice to carry all the dirt and ofiiil of the village into the sea. It will
be necessary to hiivc 700 feet of 12-inch drain-pipe.
The total absence of water-closets on this island is a disgrace, and is beyond all
(juestion tin- cause of more immorality, disease, and deatli than all otiier things com-
bined. That such a state of things has been allowed to exist f(>r twenty years is a
disgrace to our civilization, and I do hojie you will insist on the present lessees or on the
Pepaitment to have it altered at one ■.
The subject is so .lioininablc I dare not write it in a public Report.
It is absolutely necessary, too, that at least six of the dwelling-houses bo enlarged,
us the families now occupying them have not room to live as human beings should. It
may be true, as many assert, that under Russian rule the natives were not housed one-
half so well as they are now ; but such arguments are of no avail in a country like ours.
\\ hen a family of seven persons, of ail ages and sexes, are packed in a sleeping apartment
measuring 10 by 10 feet they are not treated right, ncr docs our (lovernment intend to
haye such things exi.sting where it has jurisdiction.
'{'he dwelling-houses are badly in need of repairs, ond the attention of the local
ajrent, Mr. Web.'-ter, has been called to their condition ; but as he is to leave the island
this year, it may be necessary for you to mention it to thetJeneral Manager of the North
Aniericau Cominercial Company.
Mr. A. W. Laveiuler arrived on tiie 2()th, and inmicdiately entered upon his duties.
Oti the 12th .Inly the watchman rei)orted a sciiooner in sigh! jff Zapodine. and 1 armed
the men and scut a scjuaii to exposed rookeries, Mr. Lavender going to Za|)udine with
four men, the second chiel' and four men to East Rookery, and I went with four men to
Sturri-Arteel. We all watched until next morning without seeing an enemy. To facilitate
the guarding of the rookeries it is necessary to have some sort of shelter for the watch-
men ; a small hut on each of the three rookeries would be sufficient, and they need not
cost over rjO dollars each.
On Sunday, llth May, the schooner "Alton" (Captain Worth), of San Francisco,
touched at the island, and the captain came ashore and informed us of the new lease and
new Company. On learning of the change the natives held sevcr,<i meetings, and after-
wards came to the (iovernment House to have my advice as to how they should act in
case any nuiterial changes were made in their mode of working, government, or the
amount of tlicir pay.
The meeting was adjourned from time to time until they bad thoroughly discussed
the nio.-.t imixirtant (iiieslions raised, and at the last meeting, held 2t'Jrd May, they
niianimously declared that it was their firm beliel and honest opinion that the seals bad
(liininisbed and woiihl continue to diiniiiish from year to year, because all the male seals
had
ground
i-]auL''litercii without allowing any to grow to maturity tor use on the breeding.
I iiKiile a note of I be suggestion on the journal that day, ;ind I am now fully con-
vinced by personal observation that it is only too true, and that the natives were correct
in every particular.
Ill 1SS|) the full (piota of 1 o.OOO skins was obtaiiieil here, but I know now (what I
did not tinderstiind then J that in order to fill the (juota tlicy lowered the standard towards
the ci<ise of tiic lieasDii and killed hundreds of yearling seals, and took a greater number
of small skins than ever before.
Tl
first seal
.flhis
season ap|iearc
d II
poll the liaiiling-gioiiiid on tJic I'litii .Apr
20
nnd llie first killing for food was on Ihu 13tli May. The killing sensoii for skins opcncil
on the 2nd Jnne, and they killed seventy-one.
1 inelose a full statement of all the killinifs of the season, from the :.'nd .luiie In
the 20th duly, inclusive, and you will observe that the f^reatesl nuniher killed at otic
killing — excepting those of the llHli and 2l)tli .Inly -was only ''>'.il, allhoir_:li tin' driving'
and killing were under the imniediate sujiervision of Mr. W Chstcr. who is admitted to he
the most experienced and most careful sealer on the islands.
Until the 1!)th July, an attenii)t was made to keep to a standard of not less than
T-lb. skins, but when it wa> apiiarenl heyond i|ue.-tion that there were no lar;;o
young seals on the hauling-ground, the standard was lowered and skins of 5-lhs. wciu
taken wherever found. It was thus the last two killings wt're swelled to their i)reseiit
proportions.
For the whole season we obtained a total of 1,112 skins, against a total of l(),i;3s
on the same date last year.
That the seals should have disappeared so rapidly since the l{ei)ort of your ])re(li'.
cesser in 1888 is so astounding that those who cannot see the rookeries and haulin;;.
grounds for themselves nniy well he jjardoned lor doubting what is, I am sorry to say,
only i)ainful though it he to all who an; interested, the whole truth must nevertheless he
told, and that is that the seals have been steadily de(Teasing since 18S0, and the d.iy^
arc passed and gone when they could be counted on the rookeries by tlii' million. I
have carefully examined the mokeries and liauling-grcMmds at .Siairi-Artei'l north and
cast, and I tind somewhat les- iialf the gnnmd covered when compared with former
years. 1 accompanied the nuiivcs alien they went to make a drive I'loni llast Kookery,
and we walked along the beach from Mttle Kast to Ivist Itookery without linding one
seal till we came to the breeding-grounds ])roper. Kither Mr. Lavender or I was present
at every killing made ; we saw the nund)ers that we turned away, and we counted the
skins of all that were killed, and wc tind that what is true of one rookery is line of tlieiii
all — the seals are not on them.
Now that the seals have disai)peared (lie natives are very nuieli alarmed, and they
anxiously in(piire what will ihe (lovermnent do for them in their destitution. Tliey have
earned during the i)resent season 1,114 I dol. liUe., w liich, 1 need scarcely aild, will be entirely
inadequate to supply food ami elothin',' lor a year 1'or a po]mlation (d' ninety ]K'0|de. 1
never knew a people so altacln'd to a church as these ])oor creatures, and no»v they are in
great tribulation becanst- they have no means to contribute to its support, nor to the
support of the priest and his family. At one of their many meetings they re(inested nie
to write for them to the Jhissian-Orcek Church Ijonsistory at San I'raneisco, ami appeal
for aid for their jiriest and church until such times as the seal tisheries should recover
and make them self-supporting. Injustice to the priest, 1 may tell you that, he was the
first to say he shmdd not have any share of the earnings of this season, and that lie
would not take any nn)ney from the people until timi-s memled, and that he could
afford to pay; otlicrwise he should apply to the Consistory for a position in another
locality.
1 have endeavoured to impress upon them the fact that they arc not to be aban-
doned to their fate; that the (Jovcrnmenl will not allow them to starve or suller,
but will take care of the ])eo])le and ot the rookeries until the rookeries are built iiji
nnd fully replenished, when prosperity and hap])iness will return to the island once
more.
All of which is most respectfully submitted.
(Signed) JOSEl'H MURRAY,
First Ai'siatdnt Aijent, >SV. (Icoryc [■•<l(in(l.
Hon. Charles J. fJoff,
Agent in cL^ii-gc of Seal Island, Alaska.
(C.) — Report of A. IV. Lavender, Assixtant Treasury Agent.
Office of ^i>erial AijenI, Treasiiri/ Drpiirtiiirnl,
Sir, ,SV. (li'oryr Islniid, l',rliriii(/'s Sni, .liili/ 'Jd, l>!!IO.
I have the lionom- to make you the following l>e))ort td' this season's sealing by ''"'
■Noclh American Commercial Company, and to oiler su(di recommemlalions as in my
judgment should he i iiforced by Ihe (iovernment for the proiedion of lliese nmKi'iiis
diiriii!; the ne.\t six or seven years; mKo to report to you (he condilion of Ihe nalivi-- anil
their boiis'.s. nnd lo a^K ilmt mndi repiiii^ Id tluii' house, i\> are abscdiilely reipiiied lie
21
I'uniiNhcd as soon as possible ; also to request of you in yoni ileport to the HecretJiry of
the Trensiiry In ask i'or ',]5i) dollars for repairs to tlie Government House, and such ntlicr
iirticlt's as I shall mention in this liC'])ort.
Ill accordance witli your letter of the 2()tli in*itaiit, askinif me to ship the 030 I'ood
skins in the United Stall's' IJevenue .Marine cutter " Rush," I will state that I have
ii.inplied with the same, and inclose you a receipt si;;ned hy the Captain, a dujdicate of
I 111' same I hiwi: in this olliee on lile. I will also slate tiiere are twenty road skins liere
ill the salt-Iioiise.
The killini; of seals on this island was slopped on the 2(Jth ; a list of each numhcr
killed out of eacli drive I inclose also to yon, and you will see that the last drive from
N'orlh juid Starri-Arteel H(<okeries and also from /iii])(uline that there was a larf^er number
of seals killed lliiui iVoiii iiiiy other drive ; this I will assure you was not owing to the
U'lealcr numher of larj;e seiils hein;;' driven at this time, Iiul llie standard weight of skins
lieing reduced on that day iroin 7 to o ihs., and even less.
The writer was surprised when he (irst visited the rookeries to tlnd lu) young hull
seals upon them ; this looked strange to him, and Ik; began to look up the cause, and it
occurred to hitn that the coiistiLiit driving of young male seals and the killing of all the
-'-, ;{-, ■(-. and .'i-yeiir-ohls, lliat there were no young hulls left to go on the rookeries, and
without young blood the fur-seal industry will \n' something of the past in a very
few years.
The (!ov(>rnmeTit should take absolute control of these islands and permit no seal to
lie killed more thiiii are needi'd by (he natives for food for the next six or seven years,
,ind then all the male seals driven should lie killed, as it is my opinion that not over
one-half ever go hack upon the rookeries again, in this way there would he killed upon
this island about '2,500 each year. These skins sold in the market would pay all the
expenses of the island and furnisb such supplies to the natives to keep them from want,
;nid they would he as well satisded as they are now under the management of the North
American f'oininercial Company. Without something of this kind being done, the
natives will soon liavt- to move from these islands, for there will be nothing te keep
them here.
The North .\mericaii Commercial Company has landed and turned over to this
oHicer ;30 gross tons of coal i'or the use of the natives and ten barrels of salt salmon,
and also slate tJiat there are 10 tons of coal in the coal-shed for the Government
house.
Most all of the native houses need repairing; some need a new Uoor, others a new
roof, and I uould recommend that at least four of these houses be made larger by the
additmn of one more room.
The (loveriniient or Company, whichever has charge of this island, the next season
should send at least 10,(1(10 feet of siding and 10,()00 feet of flooring on the first
■ieanier that comes up in the spring; also ;}5,000 shingles, and nails enough to do the
work.
T!ie nadves are in better health than tiiey have been for the past year. I am not
.iware of there bcinjj a sick person on the island. Their sanitary condition is bad, and
to each house there should be a small outbuilding, which they could use for a clcset.
Such a thing seems to be unknown here.
The rejiairs re(|uired by the Government House arc as follows : The front platform
needs rcbuiidiiig, and part of the ro(d' needs shingling, and the whole roof to be
painted ; also thi; house needs painting and papering on the inside, and the fence
repainting.
The articles re(iuire<l for the use of this Oflice are as follows ! —
One lettcr-i)ress and book. One carpet for (Jovcrnmcnt House.
One bill lilc. One platform scales.
One letter file. One spring balance.
Pajier and pens.
Respectfully yours,
(Signed) Al.HERT W. LAVHNDETl,
Asuixtanl Treasury Agent.
Charles .r. Con; Ksq..
Treasury .\gent in charge of ^cnl Islands.
33
North American Commercial Company, ISt. Paul hlana,
Sir, Alaska, July I, 1890.
As per request of I. Liobcs, Esq., President North American Conunorcinl ('dniimny,
contained in his letter to me dated at San Francisco, i)th June, 1890, I lunliv ask
permission to kill and take lor the use of said Company, for exiiihition o-ily, to \w
stuffed and set up, five specimen seals of dili'erent ages, including one cow and one yoiiiit,'
black pup.
I am, &c.
(Signed) GE<X R. TINGLE, Superlnlrndnit,
North American Commercial Company.
Charles J. Goff, Esq.,
Treasury Agent in charge.
(Note in red ink.)— Consent orally given, and this letter copied in journal, p. 23G,
8th July, 189u.
93
(I).)— Annum, Slatcmeut of Fur-Scnls killed on St. Paul Isluiid, Alnska, during the
year ciulins .Fiily 20, 1890.
• ll«j<c("'tl for uilu-r rcaioiis, !j6.
c.
Houkery.
Niinili
fur :
r r.l S.-
ii« kiiiM
Nuin
irr III
SraU killed
by
A^nrcijati'.
Kiiihl.
U-9<eo9 for Skins.
U.t
X-
rejected .
Acfvptfil.
Rv
instcil
.•
■i
r
E
•z
■1
1 "2
1 '
Z.
J!
li
■A
1
3
J 1
3
i
•a
3
e
■r.
'ji
(A
1
1890. 1
!
1
M»Y
2H ' S<ii.lh.wc-,t ll«
119 '
115
3
1
. 11.-. i ..
1
5
115
4
119
J.inr
11 1 llo.f .. .. ..i
.. i
,,
, ,
lis ..
,,
1
1
115
1
HI!
11 !
•• 1
,,
.,
.'i3'.l ' ..
35
. ,
35
5,19
35
574
,,
13
Tnl.toi .. .. .. '
** 1
,,
,.
IHl , 1
• •
, ,
182
, ,
182
J^
10
Hn-(
,,
,,
315 1 ..
1
1
2
315
.1
317
,,
17
Nortlwi'iirit I'ntttt , . t. t
, ,
,,
10 ..
, ,
, ,
10
,.
16
,,
17
llnlt-wiiv Piiiiit . . .,
,,
,,
107 - ..
.,
, ,
107
, ,
107
Itl
TolMoi uimI MuI.II.' Hill
, ,
,,
270 : ..
,,
1
4
27"
4
274
18
Niirlh riKt rnin!
,,
,,
7H
, ,
, ,
78
7H
,,
20 , Urcl'iiMil Ijukiiriiinri , .
, ,
,.
339
,,
, ,
, ,
3,19
..
339
,,
211 Niirlll-<n-t I'MiMt
.. 1
, ,
,,
43S
, ,
, ,
, ,
4:i8
..
438
21
Soullinrst Hay
, ^
,,
2iin
, ,
2
2
2911
2
292
21
NiirtI) t I'iMiit
• • '
,,
,,
i'O
,,
, ,
^ ,
90
96
23
Kn|{li.<li lliiv mill LiikjiiiliiMi «.
.,
,,
515
, ,
3
3
.MS
3
521
,,
23
Norlli-rn^t rmiii
,.
170
1
, ,
1
178
1
179
21
Rpi-r» nn.l Z..lhi, ..
, ,
114
, ,
ll»
2
12
414
12
426
24
Niirtli-i-ii^t I'ljiiit
, ,
202
, ,
, ,
, ,
2115
205
2t
llnlr-nny I'l.iiil
, ,
,.
203
,,
3
, ,
3
20,1
3
266
,J
25
Norlh.iii-t I'.iiiit
104
..
, ,
,,
100
, ,
106
20
Smilh-wi -1 ll.iv
114
, ,
I
1
110
1
117
^
27
EiiSh-li IIkv.'hiiI Mi.l.llr Hill ..
1
J ,
374
19 1 1
20
370
20
396
^^
27
Niirth.t-aBt Pditil
, ,
225
, ,
2:iii
, ,
230
,^
2H
U.vl
, ,
205
..
, ,
2110
,,
206
■i»
Niirtli.imt I'niiit
79
, ,
, ,
79
^ ,
79
"
30
Tiililoi. KhKlinli Uuy, Miilillr
Hill, anil Kvitavii
••
200
2
••
2
2(i7
2
209
30
Nnrtli-i'iKl r<>int ..
.,
.,
97
■ • , .•
,,
98
, ,
98
July
1
1
Rar
Norl'i-ivijt I'liinI
••
210
1.W
.. |..
••
240
131
••
246
131
2
Ilnlf-wiiv I'mnt
, ,
,,
210
• • J
2
240
2
242
^,
2
NiirtliH-nAt I'niiit .. ..
, ,
90
90
, ,
96
3
SiM.lh.ni-t lt«i
,,
, ,
181
2
..
2
181
2
183
3
Nurtli'i'iiit Point ..
, ,
1X0
, ,
,,
180
, ,
180
"
*
T^ll.lni,Knl:li^llllav..■|Mll.MiJllk■
lllll
••
,,
472
19
3
22
472
22
494
J^
i
North cait I'oiiit
,,
318
,,
, ,
, ,
321
,,
«1
'•
He.f
Niirlli-Mnt I'ciint
"
524
74
'
'
525
74
1
526
74
••
1
Eiillliili Unt, MiJille Hill, Tol-
Btiii, Luk<«nii()ti, and Ki-UviL-
••
••
4011
U 1 ..
11
400
11
411
7
,1
, ,
400
, ,
11 1 ..
11
400
11
411
7
North-cnst I'liinl .. ..
, ,
,,
330
..
,,
330
336
8
Halfway P.iint
,,
257
3 1
4
257
4
201
H
Niirth'fa^t Point .. ..
,,
378
• • • •
, ,
379
,,
379
9
South-wMl l:.iy
, ,
100
1 ..
1
102
1
161
9
NortU.ea>t Point .. ..
, ,
,,
271
• • * •
,,
271
. ,
271
^^
10
Rf.f
,,
373
2 2
4
374
4
378
10
Niirlh.<-;i*t Point .. ..
^,
,,
112 ..
» • * •
, ,
112
, ,
112
IJ
12
Enslinh Hay, .Mi.lilli' llill. ToU
,.
,,
021 5
4 ..
4
029
4
033
■toi, l.ukiinnon. and K-tavU'
13
Half.way Point
,,
,,
211 1 ..
,.
,,
211
,,
211
13
North-enst Point .* ••
, ,
, ,
on 1 ..
,,
17
17
Oil
17
058
14
Kcef
, ,
,,
mi
. ,
1114
. ,
104
"
15
EnitlM. n«y, Mi.l.llf Hill, Ti.l-
utoi. Lukannon, ami Kilavie
•'
••
••
315
••
••
••
315
••
3U
15
North.riLst Point . . . .
, ,
, ,
, ,
215 ..
, ,
,,
245
, ,
245
10
..
,,
,,
311 ..
1
1
311
1
312
„
17
Polnvnia, Lukannon, iiinl Kt'-
,,
.,
309 i 3
,.
..
372
,.
372
tnvic
^^
17
Nnrth-cast Point ..
..
,,
485
,,
,,
485
..
485
1«
• > ..
,,
, ,
, ,
405
, ,
405
, .
405
,_
1»
/apodini' .. i. *•
,.
, .
..
80 ..
,,
i:>(i
80
150
236
19
RrefanJZoltoi
,,
.,
517 2
3
4
7
519
/
556
^^
19
Nortli<t>a:*t Point • • *•
,.
,,
440 ..
..
..
110
,.
446
M
20
EnRlitli Hay, Mnl.lli- llill. Tul-
ctoi. I.nkannon, Kftu\ii-, anil
Point Kockv
* •
752
18
4
■ *
758
22
780
1.
20
North. cant Point .. ..
Total
Mil
IK.
507 2
47
••
••
5119
47
556
3
1
1
! I0.7s:i 50
1 1
185
60
311
10,833
391
17,721
[295]
24
t^TAliLE sliowiiiK (liHposUion of tlie ri'jccleil Skins of 1«00, wliitli I refuse lo destroy.
Tiiliil nunilier "f skins rc'jiTteil .. •■ •■ •• •• ••
July 10, «dr|ili J Hv lr»M« "I Nortli-(n-l roinl., ..
„ 20, ,. „ .. .. •■
,, 'JO. »c,i I'ipil by l.'>«'i'» ol >ilUi!o.. •• •• "•
Nciw ill •nit nl Ncirlhin.t I'oint .. •• ■■
Now in Milt lit rtllm;!' •• .. •■ •• •• '•
Rrcuivfil liv Nurtli Anifti.nii Coiiimirrial ( oni|iiiny In iniiki- ml- f..r Itiri-.' .mliliiji-.
nil.. iirV I.I iviiil.r on Si, M;iltlii-»'» Mmiili |.fliilili-hinK a Iriilin.' »l.ili..n f.ir .iinl
Compniiv .. •• • • •• • • ••
I'r.if.mi.r Williaii. I'.iliii.r. o( th.' Siiiiltnoiiiaii Inililuli.in..
S|i.iilnl (in ll.r ti.'l.l .. •• ■• •• ••
Oitin ^l tlir iiiitiM'H .. »• '• •* •' '• ••
22
-13
:i4
i;
•i
n
t
I.M'i
li
3'Jl
The North Amciican ("oniim-rcinl Comimiiv ask-, for live spcciim-ns for fxliiliilion »•
per accoinimiiviii^' letter, imd reiiorted killiiiir one cow. one iiii|), o'le bull, liir>,'e. llirec
males oi iliderent ages; total, six.
(E.) — Annual Stf.tenient of Fur-Se.'ils kilieil on Si. (Jeorjje Island, Alaska, during llio
vear ending July 20. 18"J0.
Uookrry.
Numln-r of Si-nU killei
by Lf^li > ■
or Skin...
Agsrisalc.
Date.
ArcfplrJ.
Ufjivl,"!
(or .itliiT
Tolnl.
Skins
Skin,
T.iHI .Sfiil.
,, . S.Timd
Du.l ..n
tl.'lT|ltlll.
rtjectid.
killcil
"*^ -2
'"""■• 1 Cla.s.
tli(> r..iiil.
1890
June 2
N.irtl,
n
, .
71
71
, ,
71
Hi
Kimt .,
jii , 1
, ,
21H
21H
,,
2I«
18
XortI,
ii:i 1
IIH
117
1
118
la
Eiirl nnil I.iMli' F.ntt
< -'J '.!
I'l
IMI
,.
181
20
2(^iipn(linc i. ..
.191
391
Mi
,,
394
23
Slirri-Arl, el nn.l N.irlli
Itli :!
Hi!
If,4
^,
104
25
E.i»l tii.l l.itllii K.i»t..
\x> ' i
, ,
1!>I
181
,,
181
28
St-irri-Art.el iili.i Nortli
IfS ■ I
lil9
1»9
, ,
189
3(1
X)i|i.i(lin. ..
1H!I
IK9
1S9
,,
ir'j
July 1
Eiut an.l Little I^ntl..
llj
1
119
11.^
4
149
3
Starri.Artf.1 an.l N.irlh
2:11 '
1
238
234
4
238
5
E.ist iin.t Liltli- EitHt.. ,.
.Mi 1 1
..
57
57
57
7
Za|.o.liii<- ,. ..
.'i7 . .
1
5S
57
I
5it
8
Kiut iin.l I.iltli- llast..
•J.t
1
24
23
24
'J
Starri-An.-il mnl .Nurll,
IH3 1 3
7
193
IMO
;
193
11
Enit
.'I'.l
1
fill
5»
1
IJO
ii
St.irri-Arl.il iinil N..rtli
10:;
1
103
102
1
1U3
It
Zapn.liiu- ,.
5.1
53
:,3
, ,
:i3
15
Ki,.l
131
1
13:;
131
1
!:i2
10
Jitnrri-Ard'i 1 innt Norlli .•
119
, .
ll'J
119
, ,
119
>, IS
Eail
71 ,
..
71
71
, J
71
20
Stairi-Arteel and North
fi34 7
1,11
C4I
,,
lill
20
Zapudiiit: «, •• ••
Total
527
••
J- 7
3i7
• •
527
1,08G
:.'l
4,132
4,1IJ
21
1.13:1
NuTB.— One ri'jfcttii hkiti was mviii to tlii: lliicf, iiiiil tli> ri nuiiniiit,' Itttiily wi'i> ciilUil ilnwn m iJh- ftiilt-Imii.-..' till turtlitr <jnliT.».
(Signed) .1 OSEl'l I M L' li 1{ A V,
I'irnt AKsistanf Aijent.
W'osliiiiijloii, /).(■'., Mill/ 3, 18fl(t.
Should any doulit jirisc concerning iiujis' skins, elaiiiicd liy Alaska Coinnu'ii'inl
Company, under instnietioiis to Agent iS'ettleton of the 1 Itli Minch last, you will ciiii-c
all such skins, together with the inercliantati'e skins siieciOed in your instructions of llic
2Gtli March last, to lie shipped to Collector at San I'lniiciscd, and lliereupon report iiicls
to Department for determination.
(Signed) Gi:0. C. TICllBNOIf,
Charles J. Coif, A.^xislunt .Sit/Wk///.
'J'reasury Agent, Seal Islands,
(Care Collector of Customs, Snn Francisco, California).
35
Alatkn Cnmmncinl Cnmpuni/ of Siw Frniicitro,
Sir, .SV. Gronjr Islnml, Alaska, Maij 20, 1890.
lloi»n\itli [ would iisli permi-ssiori to .slii|), jut sli amor " Dora," \H2 I'lir-sciils, at
pic^cnt Klort'il at our vill.iiic >ilt.lmii>r, iiml I'r.) at imr >all-hoiisc at Zaimiiiiic.
'I"Ik'>(! '('.)1 I'lir-M-nls ui'ii' killiil \\y the natives for IchmI iliiriiii;- tliu wiiitor 1 8P!t to
1<9", aiiil liavc Ihh'Ii sallcil and carcil lor liv llie Alaska < ^jniincrciai r'oin|)aMV lu;t'orc
the traiislcr of its proiurtN to the N'orili Ann ricaii Coiiiiucrcial t'oiiiiiany, tlio'iirescnt
hiiMi'rs 1)1' tliL- Icasf tor the Seal Inland-.
I Imvc, Kf.
(Si^iR.l) KUDOLI'II jNKUiMANX,
(1 vial Ain'iil, Ahislid ('niiiinrrrial Cmnpiinu,
lion. CliarlesJ. Ooll,
Uiiitcd States' 'I'rcasiirv Aj:('nt in clmriri' of llie
Seal Islands St. I'aiil ami Ht. 'Jeorire.
('.
kUle.I.
Si
r,
Alaska Commercial Couipani/ of San FrancUrn,
St. Paul hluiui, AUtska, Man ;!], 1890.
Ileronitii I would ask ))or;nission lo sliip. per steamer " Hora,'' .T,l!l'i fur-seals, "94
■'lairy skins lieiuu; inelude(l in this number. ,iiid sUired at jtreseiil at our villa,i,'e salt-liouse,
,111(1 :.'!IS at our salt-liouse at N'nrlli-easl I'oinf.
'i'liese ," '.)} t'nr-skiiis won' killeil liv the natives for fuo.l duriii;; tiie winter of ISSO
to \^'M\, and ha\(' lieen -alted an 1 eared fur liy the Alaska roniuier<ial Companv licfore
lilt! transfer of it-^ proi)erl\- In the North American Coniniereial Company, tlie present
holders of the ieasi> for the Seal Isiamls.
I liave, &c.
(Si-ncd) HUDOI-PH Ni:UMANN,
Grnrnil Aijtnt, Alaska C'liiuamcial Vomiiany.
Hon. Charles , I. (ioli;
United States' Treasury A;^ent in eiiari^e of the
Seal Islands St. I'aul and St. (Jeor^ce.
Sir,
fii leply to your eomniunieatinns hearing; date the 2'illi and .Tlst ^^ay, respeetively,
.-i^kinn' jiermis'-ion to remov(> the fur-'-t'al ^kins now in the salt-houses on St. Paul ami
Si. Ueor;;e Islands, I will s;iy, in imr^uauei- to iiistruclions reeeived by me from the
Secretary of the Treasury, I will lia\e lo re^peetlully decline lo allow you to remove the
skins in (piestion, and herewith inform you that all <if the said skins will he sliip|)ed per
i'nited States' cutter, care Collector of Customs. San I'Vaneisco, California, to he disposed
nf hy the Department as the Secret;irv may deem a Ivi-alde.
(Si-ned) CilAKLKS .1. HOW, Trcnsunj Ai/ml.
Hon. Kndolpli Neumann,
(leneral Ancnt, Alaska Commercial Co!n[iany.
Xorlh Aiiiri irnii Coininrrcial Cnnijianii, St. Paid Island,
Dear Sir, .luh, H, 1890.
The Norlli American Comniercia! Company will accept as ])art of their quota of
no, 000 scal-skius for ISOOsuch of the food -kins of iss',)as they may find on examination
to he nierchaiitahle and aeceplahle to tlieni.
The skins heinij now stored in our warehoiises on (lii^ and SI. (JecMj^e Island, wo
hereby claim the privilege of availing- oursilves of the olfer made us by the llouoin'ahle
Secretary of the Treasury al Wa-hinirt'in, as contained in and bein;,' a ])art of his
instructions to yon dated the ■Jiltli .Man'li, IS MJ, a copy of which by his reipiest yon were
kind enou;nh io furnish the Com|iany. ubicli iiistruclions in our opinion were not eliansed
by any snbsetpienl onler made hy the Honourable Secretary, so far as our rin'ht to accept
food skins is concerned. If the I'ood skins claimed hy us should not ho delivered to us
iiero HO as to enable us lo ship them with the Company's skins taken uiuler their lease
this seasdii. we ciuihl imt j^et them in L'linliiii in time for our lull sale, were they tendered
[■jy^-ij E 3
I
tho Company nt Hnn Fraiicittro after tlio cutter's arrival ftom AInHka in tho iiill. Bein;,'
thiiH (loprivi'd of the skiim, a henv_)- I<)«sh to tlic Conijinii}' in jtroHiicL'tivc prolits woiilti
result, which Iohh we would feel should he niiule ^ood to us hv the (ioverimient of the
Ujiited States.
I respectfully request you to coniniunicatc to nic in writing the rcHult of your con-
elusions in the matter.
I am, SiC.
(Signed) (iKOKCH 1?. TIXOI-K, SupninUmhnt,
^orili .liiirrirun Commerciiil Cnmi>uny,
ClmrloH J. Golf,
Treasury Agent in clinrgo of Seal Fisheries,
iSt. Paul Island, Alaska.
Office of Special Aqenl, Treasury Dcparlmenl,
Dear Sir, "S7. Paul ' mil, Mij S,"lH<j(».
Your crminumienlion of later <late, in which you > permission to assort and
exnniine the skins (if the seals killed for food dining the 'er id' ISS'J and IH'K), nnd to
take such as you may adjudge ncccptahit to your CouiiJ.my as part of your season's
eateh (or this year, has licen carefully cnnsidcrcd and yotn- re(|uest respeetlully declined,
as I have no ojition in the matter other tiian to .strictly ohey the orders of the Secretary
of the 'i'reasury.
1 avail myself id' this ()]iportiniity to notify you tiiat on and after the 20th July I
sliall re(|uire 30U to conform to that clause in my instructions which prevents killing ot
fur-seals for their skins after that date.
iiespectfully yours,
(Signed) rilARLKS .1. C.m V, Treasury Aijenl.
George R. Tingle, Esq.,
General ]\tanager. North American CommereinI Company.
27
(F.)— Anmai- Htfttoinont of rm-Scals killed for Food on St. I'aiii island, AlasKn,
diiiiiif,' till- year ciidiii;; May 21, iH'Jd.
SiiiUkil|..iiror Nalitr Fuoil.
11.1
Iliinkfrjr.
{.arfffl
Nrkli,
Tol.1,
Kkini
Kkilta rrjrrti-il
■ .MMCi.
(■n.l.-r
Hlifv,
cm.
IhS!)
July
31
Zolml
, ,
ion
100
110
, ,
,,
A
Au».
II
Lukannon . .
, ,
1A3
103
103
, ,
^^
,,
11
Baliini'o o»er •hl|mipnt In ull>
,.
58
i8
ii
, ,
• •
,,
liouaa
,,
M
Zollol
,,
131
131
121
3
ft
■ri
,, , , , , , ,
, ,
141
141
139
, ,
2
,,
31
ToUtfli
,,
178
178
87
1
91
Srpt.
IH
Kollul
••
141
110
1117
141
no
107
•*
1
141
110
Hill
O.t.
1,
••
120
IM.I
120
101
••
1
4
119
99
■Jll
I.iikinnnn .. ,. .,
,,
1.12
1.12
44
2
Hll
N..f.
4
Z.,li..,
l.ni4
12.-I
12.'i
HO
3
12
,,
I'J
ToMni ..
1.23(j
221
224
2. '3
1
, ,
„
Jl
lU.f
,,
317
317
317
, ,
, ,
•27
.. . . • • ••
1U2
1112
1>9
:i
j^
27
/fipoilinr .. .. ,.
, ,
10
10
|o
, ,
,,
.•in
llr.f
, ,
240
240
210
4
,,
II.C.
11
Zapmlini- ..
, ,
213
243
240
3
,,
IS'Jd
.' n.
27
Kial.iunRo.k
,,
17i
I7.^
iro
i
•Aay
21
t • . . •* ..
131
131
.31
••
,,
2.2(i(l
3,232
3,232
2.190
31
7'Jl
11
SkiiK at Norlh.PMl l'i>iiit,
»
killiil fur wati'linirn
(iramt total <>l k. 1 4ki:i» ,.
1:
.-.111
••
••
••
■•
3,.-.33«
■•
..
188
A»ir.
10
19
30
North
••
.•iJ
if,
4H
,,
••
• '
-18
Sr|it.
7
21
.'to
Knit
North '.. '.'. '.,
••
M
.-.0
33
••
**
• •
Gl
.13
n.t.
11
21
,11
Sta'rrl.Arlrrl
Nnrlh ,,
••
37
32
4
• •
••
37
Nov.
C
12
2.'.
StarrUArlcrl
CDO
471
6
fil
••
••
••
••
M.y
13
.".I
Nnrll
For the wati'hmi<n at Zapoilinc
for till' «lioU' aiiHsnn ..
Tulnl
••
32
37
lU'.i
•"•
••
1.071
(■.3iit
••
1 2.12
• TliP<r tkin<< will lit- sliipi'td on Imanl ^'nitttl Stntcs' rHtnr " Kiihiird Hu-li." uiiil rntiK ,
Ffan(in''t», o-t piT your irmtruitioii'* iMurinj? iliit*- May 'i, IH'.KI. The •■Inuiier will leave tlic Stal l>l;iiiiU t-mly in Sfpl.tiiUn .
t 'i'lirsc nkiiiH (ll.'UI) will ti(f <>|ii|i]H'(l on liimnl friitrii Sl«trs' cilUfr " IlJihanl Hush," aiii) t-nii^i|;n(Ml tci (iillf^-tor of ru>toms,
Francl-i'O, tis per your iri*lriicliifn» bfiirinij ilnlc May .'>, Ih'.tO. Tin- slc:mit r will h-uvi- the Si-ul 1*1
iiiiiiiK tl to Ciillt'chtr of Custuins, ^im
' ' Ills fUily ill Sfpt<'ii)))tT.
»i([n(Ml tci (iillf^'tor of Cuy
M.iiiiU ttirly in Hcpifmbfr.
(G.)— Taiuj; sliowing the killing of Fur-SealH on St, Paul Island up to July 20, ISSO, l,y
tilt' Alaska Coniuiercial Coni])aiiv, ami (ip to July 20, 18IJ0, liy tlie Xnrlh Auicriciiii
Conmiciciai Company; also Daily Weather llepoit tVoui Jun'j 1 to July 31 ol' each
L car.
VlUAGE.
Dnti'.
Numlicr ij
killed. i|
Dale.
1 Niimlier
j kilk'd.
1889—
18n(
J uni' '
21)1 J I
nc Ci
116
„ 10
I'JII
,. 11
674
„ 12
917
„ 13
182
„ 14
7CU
,. 16
317
„ 15
310
„ 17
l«7
„ 17
»<jr,
,. IS
274
„ 18
l.lci
., 21)
339
„ in
l.Olil 1
„ 21 ..
292
,.20
■2.-)3 j
., 23
521
„ 2-2
1,!);^; 1
.. 24 ..
426
„ 24
2,57S 1
,. 25 ..
iM
„ 25
979 :
., 26
117
„ 2f.
1,3M ,i
„ 27
3'JB
.. 27
311 1
„ 2« ..
206
.. 28
1,34:j li
„ 36
209
., 29
i,03!< ;
Total ..
Total
iJ.Ki'i :
„ 1
4,11)2
July 1
1,023 .Ti
.ly 1 ..
246
„ 2
834
2
242
.,3
1.841
3 ..
1K3
4
1,710
•1 ..
494
5
1.255
5 ..
620
(!
1,302
7
411
K
RM
, H .,
201
„ 9
1,314
9 ..
163
„ 10
054
, 10
il7«
„ 12
2,004
,12
C33
„ 13
1,006
, 13
211
„ 15
•■'..085
, 11 ..
104
„ 10
•,'Ml
, 15
315
.. 17
,•.131
. 17
372
„ 18
2.040
, 18
236
.. 19
2.017
, 19
.'ii'i6
.. 20
1.913
1
, 20
:><o
Totnl ..
■.,1)60
Tiit.'il ..
6,111
20
N'ohih-ICast Point.
Dii'e
Xninlur
l<ill(Ml.
Date.
Number
killed.
1
isfill-
_
1890—
.)mn: 17
• • > >
1 .Oft 1
June
17
in
1H
1,'270
IM
78
i:)
■191 1
^0
438
21
!,l!ll.')
21
90
■2t
7S4
23
179
'2'i
1,4117
„
24
205
L'O
..; -141
25
IC.G
27
844
27
230
'_'S
479
28
70
U")
i- 1
;i35
Julv
30
1
98
Inl
..| I.'JIKI
131
2
1
96S
1,55!)
M
•2
3
9fi
180
1)
1,524
M
I
321
r,
37fi
'i
74
H
11
914
C4I
S
33(>
379
in
HOO
9
271
13
1,)
r9.'5
1.S3S
111
13
112
fiSS
ir,
i.lji:
15
215
17
848 1
11!
312
IS
1.282
17
485
19
81! 1
IS
405
',
•_>()
2I:J !
19
20
44"!
55n
Tolu'
15.070
'I'otiil
5,007
• 213 tills (luy to make the full quota of 100,000.
HlXAl'ITULATIOX.
Totiil ir'Mil.i'i (if fur-.seals lullnl bv lessees uii St. I'mil Isliim! fioin 1st .Tune to 20tli Julv—
USI
IM
.. fi5,lh7
.. 17.105
D^.v (if
.M»iilh.
J iiir 1•^^■J.
July l.'-.iLi.
Jum- IC'JO.
JuIt I'^im.
Mn«. Mill.
I
■i
3
I
Ti
(;
7
H
:)
10
II
12
1.1
14
l.'i
Id
W
18
10
>0
21
■n
21
2.)
20
27
28
20
30
HI
4(1
41
411
17
.•id
44
47 '
Nil rei
44
1.1
4.4
:i8
43
42
4.1
4r>
40
49
45
*6
45
40
42
411
49
M
M
:>o
:-,3
4 1
:;!)
:ii
4.1
:i(i
.,r.l
M
10
'M
.'17
.1"
:i7
:i7
:is
.in
.■1(1
37
:u
:w
:is
.•lii
40
40
41
II
WuatlliT.
I'Mirsy
Cliiuilv
Ituiil
Tiiick r.is
itiiii
CliMuly
Itiiili
CliT.r
Cliiudjr
Uniti
Tliii-k f.i|!
CloiVily
(Jl.'iir
Cli'iiiily
. Max.
Mill.
Wialhcr.
i Max.
Mill.
WcatluT,
Max.
Min.
Wi-.illi
■'■ i
I.I
40
CU-M-
.'ir
33
Sii.m
40
40
Foir.
48
40
llaiy
34
32
ll.iiv
4^
40
48
42
It
33
Clciir
40
40
ci.ar.
H
41
n.nr
I.'
31
l-iii.'
47
39
I'J
40
llixv
42
32
(•I,«r
.'ill
40
,,
a
40
1.1
31
r.'R
51
40
,,
VI
12
■r'u.^k (hi; . .
41
34
lli/y
.-.1
41
,,
.•ii
40
tluiii
4H
30
KhIii
41
4U
i.'i
42
lli/.v
1.1
39
Tliiik In..- ..
4li
II
llazv
1!)
12
■riiick ton ..
14
31
.1 .,
47
12
.■.1
11
Koi!
43
37
.. • •
IS
43
F.ii:.
6)
12
Clinr
' 42
37
F.i<
.'.1
41
,'l(l
4U
43
37
48
43
4'J
4U
..
< 43
3S
II
43
Il.in.
M
42
,.
48
39
Kain
4.1
43
fng.
.10
42
..
43
30
I'.ii:
44
41
47
4,1
Ila^y
45
37
lt:iill
"
42
,,
48
42
, ■•
44
37
Clear
47
42
„
52
42
Koj
40
37
Fiii( . .
50
40
4'J
41
fl.jr
1 43
39
Kllm
40
411
40
43
Tliii^W f.S- ..
4.'i
40
Itiiii
54
44
„
50
11
lUiii
< 40
40
Cl-nr
58
43
„
1 48
n
lliiiy
t 40
39
Hazy
53
45
„
4C
42
Ki.pt
42
38
l-'ug
52
4(1
.,
5U
4 •
Hmi
l.'i
40
52
41
M
4t
44
Tllirk foi; ..
42
38
53
43
,,
40
4.1
Iliiy
' 41
30
>. *,
53
41!
,,
48
43
l(.iiii
44
38
Ua/y
40
44
Id
4>
r^'x
4:1
III
+8
4^1
.'lO
1.1
lliiiy
42
30
• •
18
4*1
M
«0
12
►••>«
••
.il
45
n
80
(H.) — Tablk showiti^f the l)c^iiiniiig of cacli Scaling Season on tlic Islands of St. Paul
and S(. fJeorge, from 1871' to 1890 inclusive, and the number of Fur-Seals accepted
by the Lessees up to July 20 of each year.
(Taken by Alaska Commercial Company.)
St.
''aul.
St. George.
Total Skins
accepted.
Year.
Season
Skinii
Sensoii
Skins
bfj^nn —
accepted.
began —
acccjitcd.
1N70» ..
__
, ,
..
• .
• •
1H71 ..
June 1
29,788
June 4
12,004
42,392
1872 ..
„ 1
05,499
„ 'i
21,503
87,062
1873
,. 'i
08,035
„ 4
17,302
85,397
1874 ..
., 3
88,058
„ 1
8,554
90,012
1875 ..
„ 1
8:),H93
,. 1
10,000
93,890
I87(i ..
1. a
69,307
>■ 1
10,000
79,307
1877 ..
,, •»
58,732
.. 1
15,000
73,732
187H .,
.. 8
78,570
„ 10
10,709
95,279
1879 ..
n
80,572
,. ■•!
20,500
lOl.Mlt
18H0 ..
,. 1
80,(100
., •■!
20,000
100,000
1881 ..
,. «
80,000
„ 9
20,r,00
100,000
1882 ..
o
80,000
.. c>
20,000
100,000
1883 ..
.. 4
00,101
.. ■»
11,123
71,224
1884 ..
,. •')
83,092
1. 4
11,152
94,2 1 1
1885 ..
., 3
70.451
„ 1
15,000
85,451
188G ,.
„ 4
72,120
,. 8
13,335
85,455
IH87 ..
., 1
77.389
,. '■»
13,381
90,770
1888 ..
73,808
.> •'
13,187
80,995
1889 ..
„ 1
fis,485
.. 1
10,1.38
78,023
1890 .,
„
10,8.33:
<2
4, 112 J
20,945 [
• No record. f Aceepted lint not »liipped in one year; balance carried over.
t Taken by North American Commercial I'ompauy.
(I.) — Statement of Liabilities of the North American Commercial Company to flic
Natives of St. I'aul Island, after tin; division and distribution of 181)0, sliowiiii;
the Amount due to each individual on the 1st August.
Name.
Amount.
Name.
Amount.
Arlonionofi", Kerrick ,
AsliKlioff, Ar«cny • ■
UnrdukoCsky, Apollon .
llutrin, Kerriek ..
llojjniliinoff, Nieoli . ■
llutrin, Korp ..
liellnglnKotl, Kllcn . .
Kniiinoir, Oi'orjje , . .
Fr.-itii, John ,. ,
Onmiotf. Nieoli .. .
(Jlotot, John .. ,
Galaklanoir, Alex . .
llaheroii; I'nul
llapoir, John, estate of
Houscn, .Me.i
Koserof, Stepan ..
Kushin, Aggie
Kootchnteu, Jacob . .
Krukoff, Nieoli .,
Krukoir, Maxim . . ,
Krukoir, Peter
Kti/.inlzofT, John . .
KushcorjshofF, Kuphcmo
Kootehnlen, George ,
Kootehuten, John ,.
Kootehutcn, Kmpheine .
Kowroir, I'aul, estate of ,
KuimtiofT, I'emin, estate of
Krukof, Natalia
KoaelofT, I'arateovia
MvtcuUfl', Alex . .
Dol.
c.
182
37
153
85
190
01
207
42
155
22
228
19
65
00
220
42
172
37
229
04
158
85
103
92
145
78
07
05
218
97
180
C4
175
24
182
04
188
79
100
65
259
01
81
27
193
19
217
04
118
22
105
42
302
85
735
30
37
00
7
60
79
10
Melovidoff, Antonc
JHeliividotf, ."^inieoM
Mclovidoir, Mrs. A.
Merculilf, Dorafay
Mandregan, Ustenia
.Merculilf, Au.\insa
Nederazotr, Stepan
Nedernzoff, Martin
Ousligotf, I'eter ..
Puahinkotf, I'eter, estate o
Proknpuf, Vladimcr
Pnraiishin, Daniel..
I'ankoff, Parliri . .
Popoir, Afanasiii . .
Mandrigan, Nivu. .
.Melnvidolf, Alex ,,
Po|»ofl", Nodotia . .
UookarishnakufT, /auhar
Kezan/.oir, Anna . •
Stepeteni, Terrenii, estate
Stepeteni, Dnrafay
Siduk, Tneodore ..
Sedule, Vn^ila
Shatiolin, Neeon . .
HtepetinI, Khney . .
Shutvagan, .Metzof.in
Blurshinkotr, llev. I'aul
Saroken, John
Shapasliinkotr, Agal'ay
Shutxdia, I'easer, eslntu of
ShaiihinkulT, Valerian
::!
r..
of
Dol. <:
415 59
714 71
203 85
103 00
00 00
27 71
188 19
175 01
193 24
08 05
331 25
180 (It
185 04
00 (10
178 49
271 10
28 71
189 01
122 00
257 85
437 22
190 01
190 42
145 85
274 04
155 85
1,58 19
20 71
04 70
110 13
105 09
m
of St. Paul
als at'CL'iilcd
Totiil Skins
accepted.
'12,.')92
87,0f.2
!)r,,(il2
<.);i,s;io
7'J,aU7
7;i,732
;).'i,279
lOl.lllt
100,000
100,000
100,000
71.221
01,211
85,451
85,455
00,770
80,995
78,623
20,045;
iipany to tlic
6'JO, showing
1 Amounl.
Dol. <•■
, "
415 5'.1
714 71
2011 H5
,
10;) 00
_
(io 00
27 71
,
188 10
175 01
103 24
,
68 05
331 25
^ ^
180 01
,
185 04
(ii) 00
_,
178 40
,,
271 40
28 74
189 04
122 00
257 85
■137 22
196 01
I'.IO 42
145 85
274 04
,_
155 85
158 1'.)
20 74
64 "0
116 13
• ■
105 09
Names.
Amount.
1
Names.
Amount.
Dol. c.
Dol. c.
ShaidhinkniT, Mntroim
150 10
ShoiahinkoHi rieorjic
.Sh«nc, Cotlierinc . .
157 09
17 68
Haul .trcouiil druirinrj 4 per ci-n!.
Tiirrakflnofl", Kciri-k
179 04
Jolm Fratis
1.438 30
Tetof, Peter
192 04
Kev. Paul .Shaishitikoff
3,341 74
Tetof, Ncvii
132 85
C'alhoriiio Shiityagara
224 75
Tetof, F(.ilnsi:i
64 68
Markel Volkoff . .
083 68
TerruRtnrn, Anim ..
145 00
Ellen Vollioff
200 00
Volkoff, Miirkel . .
142 37
Ardotkv Seiiiek
101 17
Volkoff, Kllcii
158 08
1 Eli/.at>ctli Hedick . .
!'3 61
Yrtzamauff, Joliii, cst.ite of.
236 23
Zashar Si'diek ..
lot 18
/aharaoff. Kcroaka
66 00
Nedesda Sh.iisliinkolT
105 09
Widows' fund
179 00
Kerrick Ailiiniaiioff
2,281 09
Kerrick Butcsin . .
2,948 33
13,378 90
11,884 94
Note. — From the North American
r'ommcicial Compaiij' ten widows re-
ceive weekly rntioiiK, ami others will
have to be added soon.
Total ..
25,203 84
List of Accounts transfcircti to tho North American Commercial Company by the
Alaska Commercial Company for Natives of St. Paid Island, ;May 24, 1890.
Name.
Occupation or
Condition.
Amount.
Dol.
c.
Peter Krukoff
• • • ■
Scaler
192
85
Nieoli KrukofT
• •
,, , , , ,
80
60
Maxim KrukoflT , ,
. • > >
fi , , , ,
111
73
Kstatc of Puinin Koznclzoff (for minor heirs) . .
, ,
735
30
Aggie Kushiii
Sealer
67
05
John Ko/.ncl/off . . . ,
• •
,. . , ,,
32
17
Natalia Krukntf . .
Widow . .
57 00
Parascovia Kozeroff
»* • • • •
43
50
Neon .Mandregan , ,
Sealer
90
30
Vasili Pedulc
M • • • •
98
05
Testcuria Mandrcj^an
Widow . .
81
90
Antoue MelevidoH
Scaler
172
85
Simeon Molevidolf
„ ■ • . .
601
92
Alex MeUvidoff . .
■ •
,' * • • •
223
73
Anexenia MercuUff
Widow
103
00
Alexander Merculiff
Sealer
20
17
Akocdena Nedarazoff
Widow , ,
23
24
M'lnin Nidcray.off
Sealer
66
85
Daniel Pfiraurhin ., ••
.. • • • •
77 85
IJarkira Pohomoff. .
Widow
8
75
Parfarin Pn\ikoff . .
Sealer
70
85
Vaxsilisia Peeshinkotf
Widow
78
05
Afanasia I'o|)ofr . .
., • • • •
76
00
Ardolia I'opofl . . , .
„ . . * >
58
74
/arhar Kookoorshiiikoff
Sealer
80
85
Aiuia Ki>Kau/.ofl' . . . .
Widow . .
122
00
Agal'y Shaposliiiikoflr
Minor . . . ,
70
70
Thi'odon' Sedisk . .
Senior
87
85
Metrofuii Kliulvii);in , ,
,.
69
29
lU'V. Paul Sliai8liiiikofl'
Priest
128
40
Agrafina Shaiiolin, , ,.
Widow ..
140
13
Neon SImliolin
Sealer
69
29
Eliircy Sk'petin ..
,,
165
85
Mai ilia Stipelin ,.
Widow . .
252
85
Dorafay Stepetiii . .
Sealer
376
49
Valioiuii Sliaisliinkiili'
Minor
165
09
Mutruiia ShaisliiiikoH'
,, . .
165
10
Oeoi'ge tShai'-liirikuff . .
,t • • • •
157
09
I'atluiirii' Shane .
Widow
47 68
Kerrick Tarrakiineff
Sealer . .
JO
85
Fedosia Tiloir
Widen-
110
68
Peter 'IVtnll'
Sealer , .
83
85
Neon Ti toll'
,, > 1 . •
76
29
Anna Varantnva . .
Widow , ,
150
on
Mnrki 1 Volknir ..
Sealer , .
50
05
[■2.0]
i'
82
Name.
Occupation or
Condition.
Amount.
Uol. c.
Eatatc of Joliii Yatzaamnuff, held for mioor heirs
• •
270 23
Mnrtlia Sarokcn . . . , . . .
, Widow ,,
20 74
Mrs. Alex. Mclcvidoff
■ 11 • • • •
223 65
KllenVolkuff ..
Unmarried. .
25 00
Alex. Slcrculiff . . . . . .
Sealer
45 74
FcdoBiix Koshromikoff . . . . .
* • •
10 02
Kcrrick ArtiininiiofT .. .. .
Sealer
77 79
Arsoney ArkaBlmff . . . , .
ti • • • •
G8 23
Pctii Oiistcgoff . , . . . .
fi ■• •»
65 05
Ki-rricU Uutcsiii . . . . . .
II • • • •
121 05
Apolloii Dourdoakofsky . . . .
Nicoli Ho'^ndnniff ,. .. ..
• H • • • •
81 85
89 49
mien Utliif^lazi.ff . ,
Widow !! !!
85 00
OcorKc Kinnnoff , . . . . .
St'ftlcr
128 05
■John Fintis , , . . , . .
II ■ • • >
135 55
Nicoli Gromoft' . . . , , ,
• • • •
135 85
VIndiniar Prokopiiff . . . .
It • • • ■
302 52
John Glolotf
f 1 • • • •
82 29
Paul Halu-roff ..
75 05
AmisBia Ilopoff ,. .. ,, .
Widow
75 05
Alex. Hanson ,, .. ..
Sealer
114 40
.John Katcliodtcn . , . . , ,
11 ••
87 49
.^acob Katchootcn,. .. .,
.1 . . •
73 85
Euphcme Kntchootcn t . . . . .
73 05
Qeorge Katchooten .. ..
1. ••
ri3 85
Stepaii KozerofT . , . , . . ,
M . . . •
77 85
Kewekia Zacharoff , .
Widow . ,
93 00
Karp Uiiteein ., .. ..
, Sealer
113 85
Stepan NedamzofI'. . , .
)* ■• ••
83 85
Euphemc KoshroerikofT . . , . ,
II at • •
80 85
8,870 73
0» Special Deposit at 4 per cent, per annum.
Kcrrick Artamanoff . . . ,
Sealer
2,281 09
Kerrick ButesiD . . . . . . . .
It • • • •
2,948 33
.lohu Fratii .. .. .. ..
II • • • •
1,525 00
Uev. Paul Shni»binkoff
Priest
3,341 74
("athcrinc Shutvagin ,, ,, ,.
Widow . . . .
227 05
Markcl Volkoff , .
Scaler . . . .
983 68
KUen Volkoff ..
Unmarried . ,
343 08
Ardotitt Sedick , . . , . . , .
Minor
104 17
Klizabeth Sedick . ,
». . . . .
93 61
Zacliar Sedick , , , . , ,
104 18
NcdcHila Shaishinkofl" . . . . . .
»i . . » •
10.5 09
12,117 02
Total
20,987 75
JJi.STKiBUTiON of ProccGcls from Fur-Scals taken on St. Paul Island, 1800.
August 1, 1890—
lli,777 Rtal-skins, at 40 ccnta . .
53 seal-skins, cut, at 20 ccuts . .
150 sfal-skins. rejected
40 scalioii «kiiiB, at I dollar ..
1.
Less proWsions at N. E. Point
Total . .
First Class.
IW\: Paul Hliai»hmk()fr, priest
'-'. AntDiH' Meluvidiiff, first chief
3. Karp Dutci in, Hocond chief . ,
4. tjacol) Konehutun .. ..
5. Cic iir^;e Kooehutcn. . . .
0. Thi'o. Sedick . , . .
7. Al'uic Cushinj; . . .,
8. Mitrliii Neitanizoir. , .,
9. Stepan KozerofT , .
Dols. V.
0,710 80
10 fiO
02 40
•10 00
40 r>n
0,783 no
158
19
158
19
158
19
158
19
158
19
158
19
158
19
158
19
158
19
38
10. Neon Mnndregan . .
11. Peter Krukoff
12. Nicoli Krukoff ..
13. Kcrrick Tarmkanoff
14. D;inicl Paranchia ..
15. Apollon UurdukofTsky
16. Znclmr UodkiirisiMnkoff
17. Kuphome Kushirmkoff
1 8. .Sic'iwn Nfdarazoff, .
19. Parfiri Ponkoff ..
20. Nirali (Jromoff
21. Kliiri'y .Stcpetcin ,,
22. Peter Tctoff
23. Peter Onstigoff . .
Total . .
1. Simeon Mclevidoff
2. Ol'Oij^c l*'.nuMioff , .
.3. Murkel Volkc.ir . .
4. Kcrrick Arlciiionoff
5. Kerriok liuterin , ,
(J. Viisili Sodale
7. Kupheme Koochuten
8. John Fratis
Total . .
1. Melrofiin Sliiityo;ri>n
2. .\rHciu'V Arkosli(jff
3. ./oliri OloKiff
4. Necon Shobolin ■ .
5. Alex. Hnnson ,.
G. Neon Telof
Total
1 . Durofav Stepetoin , ,
2. John Kooichutin ,.
3. Nicoli Ui)godftnoff. ,
■I. Vladimer Prokopciff
r,. Paul Ifabcrnir
Total . .
Second Clan.
Thiril Class.
Fourth Class.
IJoIs.
e.
1.58
lU
1.38
IS
ma
m
16&
IB
I.'JS
19
158
1»
158
1!)
158
19
158
1»
US
19
138
li>
158
19
li»
19
IS8
19
. . 3,638
37
112
37
142
37
142
37
142 37
142
37
142
37
142
37
142
37
-^.
.. 1,138
06
120
56
120
56
126
56
126
50
126
56
126
50
75U
36
110
73
no
73
no
73
no
73
no
73
553 65
1. Maxim Kriikciff ..
2. Alex, (iolnktonoff . .
3. Alex. .Melcvidofl' ..
Total . .
Fi/'h Class.
114
92
94
92
94
92
284 76
1, Alex. Merculiff
2. John Kuznitzoff
Total
Antone Melovidoff, first chief
Karp liuterin, second chief
Mrs. Terrinti Stcpetcin
Mrs. Peter Pccahenkofl
Mrs. John Ilopoff . .
Total . .
Sixth Class.
Special Clatt.
^ ,
79 10
• •
79 10
• •
158 20
50 00
, ,
50 00
, ,
50 00
, ,
50 00
• •
50 00
240 00
[2951
r 2
34
Table showing Distritjution of Earnings on St. Paul Island for takini^ Fur-Seals
in 1889.
No,
Amount.
Firtt Clots.
Dols. V.
1
1. Dutprin. Ivnrp, second chief .,
627 85
2
2. Kok'liuolin, Jncob ..
627 85
;j
3. Kolclindtcri. (icor^o . . . . . • . • .
027 85
4
4. Loilick. 'I'heodorc .. .. .. ». ..
627 85
5
5. Sit'i)tiric, Tcrii'iilis ..
027 85
6
0. Viatpm, Tfrlimpy .. .. .. .. ••
627 85
7
7. Kusliiu, Anuit' .. .. .. .. ..
627 85
S
8 NiTleri.zctV. Martini..
627 85
<J
9. Milc)viil( ft', Aiuoiic first cliicf .. .. ..
627 85
10
1(1. Kiwriiir, I'aul
627 85
11
11. Kizcrctr, Sirpiiii .. ,,
627 85
12
12. MiindriRin, Neon ..
627 85
13
!.■). Krul.dtr, IM.r
627 85
14
11. Krukdir, Nicoli
627 85
15
15. loriilinniitr, Kerrick.. ..
627 85
16
16. I'lirancliiri, Rinii'l .. ,.
027 85
17
17. liuurderkofsky, Apolloii ,. ..
027 85
18
18. Uooknresliinkoir, Zacbar .. ,, •• ..
627 85
19
19. Knsliiiikc if, Kuplicmc .. .. .. ..
627 85
20
20. N(<l:iriizo(r, Slepan ..
627 85
21
21. Fralis, .lolin
627 85
22
22. I'ankMV, I'orfiri
627 85
23
23. Steiietiii, Kl.iry
627 85
24
24. Milorsdi.ir, Simeon .. .. ,, ,. .,
627 85
25
1'5. Tetoff, Peter
627 85
26
2U. Uroiiitift". Niciili .. .. .. ..
Second Class.
627 85
27
1. Volkoff, .Mnrkel
565 05
28
2. Artoinonutf, Kiiiek..
565 05
29
3. Diiterin, Kerriek .. .. .. ..
565 05
SO
4. Peesliiiikoff, I'eter , .
565 05
31
5. llokeriir, Paul
665 05
32
6. Letlnle, Vassiley . . . • • • . .
565 05
S3
7. Kolehooten, Kupheine . . . . • • « •
565 05
34
8. Hapoff, ,lolin
565 05
35
9. KinaiiofT, George
565 05
36
10. Oiisti);. 11', Peter
Third Class.
565 05
37
1 . Thutyagin, Metrofun . , , . . .
502 29
38
2. ArkushofT, Arseny •• .. .. ..
502 29
39
3. niotoir, John
502 29
40
4. Sliubalin, Necon ,.
502 29
41
5. llanssen, Alexander .. .. ..
502 29
42
'i. Tetuff, Neon , , . , • , . .
fourth Class.
.-,02 29
43
1. Ste|ietin, Darofny .. .. ., .. ,.
439 4»
44
2. Kotcliooteu, John . .
439 411
45
3. lldplaiiofT, Nieoli ..
439 4!1
46
1. Prokopieff, Vhidimcr .. ., ,. .,
Fifth Class.
439 49
47
1. Knikofl, Maxim .. .. ,. ,, ..
376 73
48
2. Cialakin( 11', .Mexandcr ... .. .. ..
376 73
49
.'1. Meloviduff, .-Vlexander . . • • . . • .
Sixth Class.
376 73
50
I. .ShaishukoQ', Alexander .. .. ..
•251 17
51
2. MercuUiff, Alexander .. ,, ,.
251 17
52
3. KuzniUoff, John , . , .
Special Class.
281 17
Shaishmkuff, Paul (priest) . .
1,000 00
Two ehicrs, each 100 dullors ,. ,. ..
200 00
Kstote of C. Shabolin
250 00
Estate of A. Oulkin
250 00
Widows' fun<l . . . . . . , .
Total ..
2,000 00
32,330 00
w
Recapitulation.
83,72 1 scal-skini. nt 10 cents . .
1,270 ncal-skins (cut), iit 20 ccDts
26 RCB-lion skins, at 60 cents . .
Lc8», for provisior.s to N. K. 1'.
Total
DoI«. c.
• •
.•13,-1M'J «0
2.->.J 20
••
la 00
Dols. c.
33,759 80
I2U 80
l,a00 00
1,42'J 80
32,330 00
Dols. e.
Those in the first clnss slioulci Imvc received 234 iloUnrs, li'nvinp to their credit .. .. 171 00
Those in the second clnss should have received 208 dolliirn, lenving to their credit , . ,, 152 00
Those in the third elnss should have received 182 dollars, leiivinj; to their credit . . . . 133 00
Those in the fourth class should hnve received 150 dollars, leaving to their credit . . . . 144 00
Those in the fifth class nhnuld have received 143 dolliirs, leavin^ to their credit . . , , 132 00
Those in the seventh class should hnve received 104 dillars, leiiving to their credit. . . • 96 00
If the nccompanyiiig instructions of the Treasury .iprnt in charge had been complied with, the natives
would have been in circumstances, financially, to meet their iinfoitunate, but not unexpected, condition, as is
ilenrly thown by the amounts which should have been to their credit.
Du. Account Cdrhent. Cr.
(,I.) — TuE North Amcricau Commercial Company in account witli the United States at
St. Paul Island, Alaska.
May 24, 1890— Dols. c.
To oil fund transferred by Alaska Commercial Company .. ., ,, 124 87
'i'o natives general fund , , . . , . . , . . , , 1 82 55
Dn. Account Cuiiuent. Cii.
(K.)— Tufc) Nortli American Commercial Company in account with the United States at
St. George Island, Alaska.
May 24, 1890— Dols. c.
To natives general fund , . . , , , . . . , ..19312
(L.)— Census of St. Paul Island, Alaska, July 31, 1890.
Age.
Names.
Place of Itirth.
Occupation.
Males.
Females.
J •
ArlamonolT, Keruch ., .. ..
(J5
St. Paul Island
Sealer.
Arlamonoll, .Mexandcr, wife
39
St. Michael's
Ailumonod', Anxeiina, daughter
24
St. Paul Island
Iranofi*, Kodakiu, sister . . . • . .
, ,
18
St. Michael's
-Vrkiishoff, Aneny
25
, ,
St. Paul Island
, Sealer.
Arkiuihoff, Kupheraia, wife
30
,, ,, ,
Aiistegoff, I'etcr , .
27
St. (ieorgo Island ,
Austegotr, I'nrnseoria, wife . ,
23
St. Paul Maud
Austegoff, Stepnnido, mother
50
St. George Island
Iranolf, Anastttsiu, niece .. .,
12
St. Paul Island
Sharshurkoflr, George, adopted
, ,
9
i» ■» ■ •
Hogdanoff, Nicoli ..
20
, ,
St. Georgo Island , ,
llogdanuff, Feronia, wife . . . . , ,
.,
21
St. Paul U\and
Hogdanoff, Zcohar, son , . . , , ,
i
, ,
It )t •
Hourdukopsky, Appolyon ..
38
, ,
Oonnlftska . .
Sealer.
Bourdukopsky, Chioni, wife .. ,,
, ,
31
6t. I'iiul Island
Itourdukopsky, Peter, son . . , , , .
12
^ ,
Itourdukopsky, Onleta, daughter
/
'1 oduhuikoff, Uvdokitt, adopted
, ,
15
Oonalaska , . .
'iitayin, Karp , . .. . . ,,
38
, ,
St. Paul Island
Sealer.
biitavin, Paroscovia, wife . . . .
• «
30
Oonalaska , ,
■
30
Ago.
NaiiUH.
riace of Birth,
Occupation.
Malcx.
Females.
BulUTin, Con.stantinr, son . ,
r,
St. I'ttul In'nnd
Hulnvin, Ivan, son . ,
i
..
Mczukin, .Mary, adopteil , . . , . ,
is
It f* • •
Bufcirin, Kcnicli . .
g"i
Sealer.
Itutarin, Catlicriiie, douglitiT
is
1, ..
Kmanotr, ( Jcorcc .
'24
..
,.
Sealer.
Knmnoir, Anna, inotliir ., ., ,,
00
Oonalaska . .
KorrieizoH', .lolin, nephew . .
'V'
St. Paul island
Kornctioff, Agafia, nieco , .
, ,
12
11 .1 #•
Fiaii«, John
■10
, ,
Sadronc Islands
Sinler.
I'ralis, Akoolcm, w ifu , , . . . .
..
;;(>
Oonulaskn , ,
Frotis, Susanna, (hiughtev .
13
St. I'anl Island
Fralis, John, Mm. . . , . , .,
h
.1
(ihitntr, Jiilin
21
tt ti ■ •
Sealer,
(ilutolf. Mary, mother
• •
03
Oonalaskn . , , .
(jronuir, Niioli . . ., ., ,.
24
, ,
Alton
Ssalcr.
(jroniolf, Ouleanna, Mifo ,. ,. ,,
, ,
28
SI. Paul Ulaiul
Leili-k, KliKiheth, ndoi.teil. .
, ,
,,
Haheioir, riiiil .,
40
, ,
Kodiak
Sealer.
Kctehijolin, Knpheniia
48
, ^
St. Paul Island
Sealer.
Kotehootirj, Velogia. wile , , ,, ,,
, ,
41
Oonnlaska ..
H<ig(hinofr, Mary, adopted . . . . , ,
, ,
r
St. Oeorgc Island . .
Kotehootin, (ipori;e ,. ,, ,,
43
St. Paul Island
Scaler
Kotehootin, >f iriii, wife ,. .. ,.
.,
29
Oonulaskn . • , ,
K<itehootin, I'eter, son , . . , , ,
12
St. Paullslnnd
Kot liootin, 'I'repoii, son ..
fi
•.
Koti-huotiii, Matrona, <]ang!itcr ,, ,,
4
11
Kolchootiii, , ilaughler, infant ..
Kotehootin, Jacob , . , , , ,
•10
>• ..
Scaler
Kotohootin, I'evroma, wife
37
Unga
Kotiliootin, Onleta, daughter
..
17
St. Paul Island
Kotehootin, Klien, daughter
, ,
7
i> 11
Kotehoolin. Theodora, son. .
3
,.
..
KoUlioolin. , son, infant
,.
.,
11
Sodoshmknir, Nat.ilin, adopted
, ,
li
llngn
KoohwinKoH, Knpliem ,, ,,
37
St. (ieorgc Island ..
Scaler.
Koohwinkr'tr, Aril'ilia, wife .. ,[
:ii
St. Paul Iblniid
Koohwink'ilf, Paul, sun .. ., ,,
'h
11 .1
KezerofT, Ste])an
3!)
,,
Oonalaska . .
Sealer.
Kczeroff, .\ria^tasia, wife , ,
40
.. •. .•
Ke/erolf, Tre])on, son
7
St. Paul Island
Kezerolf. Tcoualiy, (laughter . , , ,
3
1, , . •
Noz ■kott. Seuiion, stepson , ,
15
Oonalaska . .
Krukolf, Snkcifa, adopted ..
li-.
1,
Krukoir. IVtir ..
39
Sitkn
Sealer.
Kruki If, .\nna, wife ,, ,, ^,
, ,
35
St. Pmil Island
Krukoir, Mcoli . .
41
, ,
At sea near Sitka ..
Sealer.
Krukolf. Catherine, wife .. .. ,,
31
Sitka
Krukolf, .M(tiofaii, sou ., ,. .,
8
St. Panl Island
Krukijll, (Visteana, daughter ,. ,,
i
• •
•>
Krukdll, Maxi-u ..
35
Sitka
Krukolf. I'Vo'.tcsta. wife ., ,, ,,
, ,
2(i
St. Paul Islanil
_
Krukolf. John, >ou . . , ,
11
.. 1, ••
Krukolf. , son, infant . .
1) 11 • •
Kus'iiu, .Aggie . . , . .. ,.
S7
Kroosle Island , .
Scaler.
Kushin, Mary, wife
30
St. George Islond
K^^llin, Sukeria, daughter. , ,, ,^
, ,
14
St. Paul . .
,,
Knshiii, Michael, son ,. ,.
7
, ,
St. George Island
Shop'ishnikolf, Yatiaiui, adopted ,,
, ,
17
Oonalaska , .
Maudriau, Accn , , ,, ,,
34
, ,
St. (ieorgc Island
Scaler.
Mandrcan, Maria, wife
28
Alton
Mardreaii. Mary, daughter
,,
7
St. Paul Island
Mandrc au, Zovn. dauglitcr. .
, ,
6
11
Stdich, Ardolia, uiece . . , , , ,
10
Sedich, Zachar, nephew . .
*f.
Mclvudoir, Antone . . , . , ,
30
Kodiak . , , .
Scaler.
Melvudofl', Agrafena, wife . .
^ ^
34
Atkn
Mclvudoff, Alexandria, daughter
, ,
10
St. Paul Island
MeWudoff. Olega, duughter
,,
6
11
Mclvudoff, Mary, daughter , .
, ,
4
11 11
Melvudoff, .Mtxandra, mother .. ..
, ,
5(i
California , ,
Mclvudotf, Alexander, brother , , , .
17
St. Paul Island
Sealer.
SharohinkofT, Mntrona, adopted
7
"JederozofT, Martin . . . , , ,
37
Scaler.
iVcderoioff, Stepan
34
..
..
Scaler.
37
Names.
Age,
Mak's. Females.
Place of Birth.
OccuiMkticii.
NnUroziff, Alcxnndrn, wife ..
Ntdcroy.dir, Mriry, iiiero .. ..
Niderozciff, I'rokopy, nepliev
NtMlcrozofl', Dormcuunt, nepliew , ,
I'unkofl', I'ofiiriii ,, . . .,
I'lnkofT, OI(?a, wife
I'ai.koff, Vul«ic, son . ,
Ktwiiizull, Natnlin, inutlicr-iri-lnw . .
I'araiichin, DaiiicI . , ..
I'arniicliin, Alexaiidrn, wife
I'rokoprocir, I''la(leinur . , , ,
ItuukoorsliMikdfl', .Inclinr . . . .
llookoorKhinkoff, Ani^uiii. wife ,.
UiiokoorHlinikciiT, Stepaii, son . .
Hudkoorshmkdtr, I'nroscovin, dnuRlitei-
Sidicli, Tlicodorc ., ,,
l^idirh, Maitlin, wife ,.
Srdieli, Aniin, daiij^liter . .
^'e(jich, AnajUnsin, daughter . .
Siilicli, Mary, daughter
Scdicli, lunokeutu, sou , , . ,
Sedich, Yustiuia, daughter. . ,.
Scdieh, Phillip, nephew , . . ,
MiaeKhmkoff, Uov. I'aul ,, ,,
shnealnnkofT, Nadcxda, iiiecu , .
S|iaeehnik(H, Valerian, nephew ..
Shaholin, Trccou, , ,, ,.
Shaholin, Ontila, wife ,. ,,
Shaholin, Agrefena, daughter ..
Shaholin, Agrcferiu, mother . .
^hutyngin, Catherine . . , ,
Shutyagin, Metrofan , .
Shutyngin, Onli'.n, wife , , , .
sjiMtyngiu, I'aroscovia, sister ..
Scdule, Vasely . . , , . ,
^■I'lule, Klizaheth, wife .. ,,
S( (1, lie, Vora, daughter ., ,.
^tepetine, Elaiy .. .. ..
Stepetine, Anna, wife . . • .
sti jieline, Ontanna, daughter
IVaii.s, I'jUen, niece
Sicpetino, I'orofay
Stepeline, Ardotia, mother , ,
Tarakanoff, Korrich . . . .
I'arakunofT, Anna, wife , . . ,
letdlT, .lonas .. . , ,,
I'e luff, IVler
1 1 toff, -Mary, wife .. ..
I' t'lV, Zac'har, brother
IVtnfF, Alexandra, sister ,. .,
<ilehuff, Chriinia, mother-in-law
1 ilihotV, 'I'assa, sister-in-law
Vdlk.JI', Markel . .
^Mllioir, Alexandra, wife ..
V'.lk„n, iiifaat, hoy
\ikashiill'. Martha
XilimenolV. Anxemia, niece ,,
/al7. neuoir, Tassia, sister-in-law
Italakshin, Matrona .. .^
I'alak^hin. Agiipia, niece .. ,,
sli<i])oohinkoff , I'araseona, adopted . ,
i'.ilglazoff, Kllen..
I'arakanoff, Mary, adopted . .
Kndiotl', Natalia.. .. . ,
Kniliod', John, son ,. , ,
nojaiir. Anissia . . . » . .
Ilopnlf, Ni'kita, son . . . ,
lv( zeiotr, Aodolia .. ,,
Ke/lotF. I'arascovia .. ..
l\e/lotr, 'I'oodoiia, daughter
K. zliiff, Michael, bou
6
4
29
3
33
'20
38
io
14
13
50
12
25
30
49
23
21
38
22
27
47
Infant
II
3
29
10
29
• •
57
30
20
2
.17
21
'7
5
14
22
3
50
24
51
11
21.
3
50
34
31
i'4
51
18
38
31
14
25
42
13
25
.)G
15
39
30
33
13
Alton
St. I'aul Island
St. George
St. Paul Island
St. fieorge
St. I'aul Island
Oonalaska , .
Alton . .
St. I'aul Islanil
Uotuilai'ku . .
St. Paul Mand
Ooualiuska . .
St. Paul Island
Oonahuika . .
St. Paul Island
Oonalaska . .
St. Paul Island
St. George
St. Paul Island
Kodiak
Oonalaska . .
St. Paul Island
Oonalaska . ,
St. Paul Island
Sitka
St. Paul Island
St. George Island
St. Paul Island
St. George Island
Atka
Oonalaska . ,
St. Paul Island
Oonalaska . ,
St. Paul Island
St. Paul Island
St. Paul Island
Oonalaska . .
St. I'aul Island
St. Cieorge Island
Oonalaska . .
St. Paul Island
Sealer.
Sealer.
Sealer.
Sealer.
Sealer.
Sealer.
Priest, Greek
Church.
Sealer.
Sealer.
Sealer.
SenUr.
Sealer.
Sealer.
Sealer.
.Scaler.
Sealer.
38
Named.
Kriluir, Nicoli, Ron ..
8€rol)ri<ml«>fr, Ol^n, HiNtor ••
Mniidrigiii, YoHtenin
ItookonrskuHkofT, Aniin, n(Io])ti'<l . .
Mm i'iih(]fT, Anxciiiin
Murciihijfl', Alexnndcr, sou . .
Muri'iilmli', Martin, K(jn . . . .
Munhholl, Kllen, (lnu);lilcr ..
Murcnholf, TiitoH', ilauglittT
Munnhotr, infant, Ron ,,
Ardi'nizotr, Akoopi'nu .. ••
Aiiloniioir, A|;rofcna .. ..
A nit riizutf (infant son ofAf^ofcno) ..
Pomi>hotr, Kiirbra
Poinohoff, S;iloino , ,
Mcrculuff, John, adnptcil , . . ,
rnHhrukoff, \'a8solesia , , , ,
I'opoff, Ardotca ., , . ,.
Popotf, Kvro'i'nia, ilu>i);htoi- . ,
KuiukBhin, Anna, dauglitor
Popoff, Arannsea. . ,. .,
Sliityagin, Dana, adopted . .
RcziMiza, Anna .. .. ,,
(iaiaklconofi, CInudin . .
Ledich, Dana
Katt'hootin, John, Hon , ,
Katchootiii, Xcnoria, daughter . .
Kati'hootin, Kllen, dnughtcr
Loroken, Mnrth , , . . , .
Shane, Catlierine. . . , . .
■Shane, Mary, dnu,Tliter
Shane, Freokia, stepdaughter , .
Shone, Paraseoria Yuoklad, daughter
Shane, Klevcry Yuoklad, son
'I'etoff, I'"oducia . .
'J'ctofI', Irene, daughter , , . .
'IVtoff, Sofa, daughter
'fctotr, Anxcmia, dnufhtf r (dead) . .
Kotehcrgin, Ardotea, daughter
"I'orontora, Anna , . . .
Torentoru, Anna, daughter
Volkoff, Ellen . .
Kroliin, Mcria, niece .. ..
Zaeliarofl, Kiracha
Ziicharolf, Kmanuel, son , .
Zaeliarofl', I'Vodofia, daughter
A(?e.
Male
Ktinales.
10
infant
21
11
•27
20
t)
3j
12
14
23
Vi
IG
32
32
1
H
-Jfi
11
ft8
12
48
2S
17
21
31
12
22
4
31
17
72
30
30
11
45
1*5
Place of Birth.
Occupation.
St. Paul Island
Sealer.
Alton
St. Paul Island
Koskogrume
Oonaloakn . ,
St. Paul uiaiid
Oonalaska . .
Sitka
Si. George Island
St. Paul Island
Kiverle Island
St. Paul Island
Scale
Oonalosku . .
St. Paul Island
Hecapitulation.
Total population, July 31, 1890
Males—
Ad\ilts . .
.0 to 1 7 years
Under .'» years
I'einalcs —
Adults . .
5 to 17 years
Under -0 years
213
42
23
1?
73
41
22
213
(M.)— Census St. Goorsc Island, Alaska, Jiily 31, 1891.
Age.
NnmcR.
Mnlen.
Kcmalcfl.
I*rMti'iikii(r, Hov. Iiiokfnty . , ,, ,, ,
r,'.>
• •
Lostonkolf, Klunvtii, wilo .. ,,
* ■ •
55
lAstcnkoir, Miclmul, soil ..
17
, ,
I.i'iitciiki)ir, IIcli'iiii, (laiiiihUr .,
,
24
I.i'sti'nkcill'. Mary, (la>i(;hlcr
• *
20
L('«lriik(iir, Siimh, (liiu);lilcr
. ■ •
13
Shankinf^kntf, Julia, grand-datightrr ..
• •
13
Lestcnkofl', Dcinctri, whIdhit
2C>
• •
Lcsli'iikoiF, Anna, ilau)?liU'r
, ,
2
Murt'iilifif, Mark, a(io|>tcd, , ,.
4
, ,
I'liilaiiKiiioir, Aiidninii'
•i3
, ,
Philamoliod'. ZiMivoia, wife
, ,
25
Plnlanionott', infant ,. ,, ..
^ ,
, ,
(Jalaiiin. Oclina, widow
• ■ •
27
Oalanin, Kvan, Hon .. ,, ., ,
8
, ,
rrukopiif, IVtcr. .
2S
, ,
I'rdkopic'l', Fodosia, wife ..
• •
19
Pnikiipiif, Apanasia, lirothcr
\'>
. .
Kczanzart", I'Vdosia, widow
, ,
46
Kczanzad, Inokirity. son ,.
12
. .
KpzaiizatV, Torafiuia, ^rand-daughter ■ . .
, ,
• •
OnstcfjotV, Alcxa. widowrr ,, ,,
10
,.
Oalaktianoff, Alrxandir , .
3U
..
Oalnklianoff, Oxcnia. wife. . .. ,. .
• •
18
Smotztjtr, Kustin . . , . . . , . •
3!)
Sinc'tzuff, Krcslina, wife .,
• •
33
Smctzoir, (JroRorie, wm
4
• •
1'hilaniuuofi', Iv»H'. widower , . • *
4.')
■ •
Pliilanionciff, (irogorie, «on .. ..
17
..
PhilamonolV, Dfnietria, son .. ,, .
3
• •
Pliiianionotf, lM)ginn\ daughter , , . , ,
, ,
\r.
Gorokojr, Corinal ,,
.11
• •
(iorokolV, Katcrina, wife ,.
• •
35
GorokoJ!'. Anna, dauyliter , , ,, ,,
, ,
10
Oalaimi', Pi-rfor, brother-in-law
Ifi
..
Oahumc, Ah'iander, adopted
4
, ,
Kiiliknlit'd'. 1'jvan .. ., ..
44
• .
KuhknlieU, Varvara, wife ..
, ,
45
ArkoU)tl', I'^nhikia, aih)ptcd
. ,
4
Shane, Uaislia, widow , . . . . ,
, ,
38
Shane, ( >uU>tta, daughter . ,
• •
21
Shane, Michael, son
2
Morenlieir, Natalia, sister . .
■ •
2i)
Morenliell, Nedesdu, adopted
• •
10
Oustegoir, Olhta, widow . .
• •
28
Ouslegotr, Sinie(ni, step-Hon •■
20
• •
Oustegod", \grafena, <Ut" ' . . , , , , •
, ,
16
Oustegoir. Kproxia, daughter .. ., .
* • -
10
Oustegoir, Michael, son •• ., .. •
5
• •
OuslegoM', Sosania, daughter
• •
3
Oustegoir, I'eligia, daughter .. ..
1
Kegaazoir, I'eter . . .,
44
..
Kegimzoir, Matroua, wife . . . . . . •
.,
48
RiganziifT. I'atianu, daughter
,.
6
Philanu)nofl'. Simeon
40
Philaniniioll, lOodokia, wife .. .. .
I7
PhilanionolT, I'M'riaui, son .. ,. ., •
ii)
• •
Philamonotl', Iniokenty, son
15
. .
PliilanioiKill, I'Vdosia, daughter ., .. ••
• •
8
Philanuinotr, Aiulriau •• ,.
23
..
PhilaniouoH', PariLscovia, wife . . . .
26
PhilamoiuiU', I'eligia .. .. •• •
2
Malavansky, Mary, widow ,, ., ..
• .
54
Malavansky, Meole, son . . . , , ,
25
• •
Malavansky, Wassa, daughter . . . , . .
..
IS
Malavansky, Kepveinui, daughter , . . •
. •
30
Malavansky, Stcpmedn, grand-daughter
• •
10
Malavansky, Kleopatra, grand-daugher
• •
7
Malavansky, Poter, son . • . . . . • •
1
• •
Ncderazotr, Arkenty .. ,. .. .
38
■ •
Nederazoir, Kogenia, wife . . .. .. ••
• 4
as
Nedcrnroil', Maliina, daughter . . . . •
t«
16
[295J
40
Nomi'»,
Ago.
Male'.
Keninlei.
Ni(li'rni!i)fl", Mi'oli, Koii ,. .. ..
Muenlii'tr, Frcvniiio, widow ,, .. .,
Mueiilitir, JoHrpli, noli . , , ,
Alui'iilii'ir, (Icni);!' son ,, ,. ,. .
Muinlii'tr, Stcpt'iiiila, ilaiiKlitor .. .. •
MuciiliclV. .lolin, doii (infant) ,. .. .
Btiii'iilii'ir, IIil.iiH. iluuKlitrr ,. ..
Smrt/otr, I'oliixi'iiia, nistcr .. .. .
Smctzoir, Krivonia, daughter
SrtMinoff, Stopnn , , , . , , . .
Sceanoir, I'oli'ria, wife
Si'Panolf, Kill (infant) .. .. ,. .
MertnliofT, Wnm'lcnia, widow .. ., .
MiTLMiliofl*, Kvaii, son
Mcreiiliotr, Alcxiiiidra, dauchtcr . . , , .
Mi'ri'iilidir, Kodokia, ilnughtcr
Mcri'iilioir, Helena, daii)(htrr
MerenliofT, Anna (infant) ,. ..
12
18
Ifi
1*1
• •
i'l
"ft
30
12
21
38
ii
li
;<
llECAPITULATXON.
Tola) population , .
Mnlcii —
AdulU . .
.') to 17 year.H
Under 5 vears
Vcniales —
AduItH . .
i) to 1 7 yearn
Under .0 years
90
1!)
10
U
2J
19
10
(N.) — List of Accnvnts Nansfcrrcd to the North American Commercial Company by
the Alaska Commorciul Company for the Natives of St. George, May 2 1, 1890.
Names.
Amount.
Names,
Amount.
Dol. 0.
Dol. c.
Ivan Kulikuliff
fi8 71
Menli Maluoanskv
187 00
Joseph MercnlilT , ,
70 00
Demetii Testrukoff
205 69
I'cter Prokopccf . .
20 51
Orejjoric I'hilamanoff ,
1 25
Okelcna Galamu, widow
40 00
OcofKC Mcrcniiir . .
10 25
Stepan TekanoH , . . .
125 00
Andronic I'hilamannlT
123 50
Itussn Shaen, widow , . . .
01 60
Serafinea Uezanioil", orphan.
61 20
Andrean I'hihinianoff
125 00
Nedesda Mucnliff, orphan .
201 49
Koff Philnmnnoff . .
149 C5
Ardokia Kikoliff, orphan
Mark Mercnliff, orpiian
232 69
Mrs. Scbastiu McrcnlifT
146 00
211 39
I'cter Ilezanzoff .. ., ,,
81 00
Ardokia Popoff , .
74 48
Arkenty NedarazoS . . . .
164 00
Ogcfinia Onstigoff, orphan .
18 95
Alex. Galaktonoll' . .
128 53
Fedoria Ilezanzoff, widow .
50 00
Simeon PhilamanofT
166 00
Eustin Swetdzotf
164 00
3,091 87
10 50
Natalie Mercnliff , .
60 00
Ilev. Irmokenty Testinkoff, priest
1,700 00
Irmokenty Kezanzoff , .
Mrs. Zachor Onstigoff, widow
Connil OorokofT . .
95 50
St. George Church
1,394 55
127 50
167 00
3,094 55
Alexia OnstigofT , ,
163 60
Simeon Onstigoff . .
125 00
Total
6,786 42
1
41
Noiirii Ariicriciin Coiumorcial Company, San l-'rancisco, Cal. J)ivi.sioii of proceeds of
Scaling at St. (Jeorifc Island lor the Season of IS'WJ.
[4,112 Dcal-skiiii (It to cents, 1,044 dul. 80 c.J
Firil Clati.
!!!ompany by
24, 1890.
LcHtAiikoir, Dinii-tr« . .
NciliTiiiiiifr, AikL'niy ■ .
Auitlkclff, All'M';i., . .
I'liiliiiiioiiofl', Kotr
I'liilainnnoir, Siiripon..
Uiinikotr, Cornciil , ,
.iwi'lzoir, Kiistt'ii
Malari\iii>ki. Mi'oli ,.
I'l '.ii;.iionijir, AiidroiiiL'
I'liiliinii'iiuir, Aiulreuii
Sckitnioll', Stcpnii , ,
KiilikoUiff, Kvnii
Ueziiiiz( tr, I'ltcr
Onstt'kiill', Simeon
McrruliH'. .loHi'pli
l'riik(>|)l<itr, I'l'iir
Lcstuiikiiti; Mike
Ix^Mankol)', Rev. lunakent/.
I'luliiniDiioff, Cire;;oiie
I'liilnmnnufr, Kpliraim
.Mciculifl', (Jci)t)i[e
(inlaniii, Hiifurn . •
Ke/.anioli'. Inniikenty
Nedern/.cifV, Meoli . .
MerculitI, John
I'hiluinonoir, Innnkciity
'lotal
Sefond CldU,
Thinl Clan.
Speciiil Class.
Dol.
<!.
85
56
H5
5S
ar,
56
85
56
85
SO
85
56
85
56
72 72
72
72
72
71
72
71
64
17
64
17
64
17
B4
17
64
17
64
17
—
200
(Id
25
00
25
00
25
00
25
00
25
00
15
00
15
00
15
00
Uol.
598 92
290 80
385 02
370 00
1,641 80
Amount.
- 1
- ■ 1 ■
Dol.
c
187 00
205
09
7
25
10
25
123
50
61
20
201
49
232 69
211
39
74
40
18 05
50
00
3,091
87
1,700
00
. 1,394
55
3,094
55
. 6,780
42
List of Natlvos' Accounts clue them by North American Commercial Company.
Names.
Ualance Cr.
Names.
Dalancc Cr,
Dol. c.
Dol. c.
Simeon Phihmonof. .
216 56
Ephraim Philamonof
25 00
Alex. ODSlejjof
216 06
Pafara Galaniii
25 00
AtHlreaii Phitam(^ii<)f . .
170 21
Meoli Ncdarazof . .
15 00
Anilronie I'liilamonof
170 22
John Merculcf
15 00
Kof I'hilanioi^of , ,
202 21
Innakenty Pliilamonof
15 00
Jon. .Mereulif .. ■•
112 17
Uev. Innakenty l.estankof . .
1,800 00
I'etcr Rezfttiiof
123 17
Si. Gei.r(;c Church
1,294 55
Stepan Sekhniiof , .
170 21
Sebastlau Meroulif
11.") 00
I'cter I'rokopic
64 17
Nadchda Mereulif , , , ,
la8 49
Simeon OiistoKof . ,
166 92
Zuhar Onstekof . .
100 00
Uston Swoizof
209 56
Sornphcmc Krzaiizof
55 70
Arkeuta Nedarazof. .
208 56
Ruso Shane . . , •
45 GO
Corneal Goiokhof . .
213 56
Fedosia Kezanzof . ,
39 00
Meoli .Mularanski . .
233 72
Okalina Cialanin ,.
27 25
Demelra I.cstenkof. .
286 25
Andotia PnpofT , ,
64 46
.Mike Lestunkof ..
66 67
Eflokic Vickloir . .
228 19
firegory Philamonof
25 00
Agzafina Onstekof
80
George Merculcf , , , , •
27 00
Natjdia Mcroiilell'..
60 00
Innakonty Kezanzof . .
Kvan Kulikololi' ..
98 50
Mark Mereulif , . , . .
205 89
102 88
[3»5]
G
42
(O.) — Receipts of A(jents Lavender and Murray.
Island of St. Paul, lichrinrfs Hea, Alaska,
Autjusl !), 18!)0.
This is to certify that 16,874 fur-seal skins have this day been siiipped on board the
steam-ship " Arago," Captain Tliomas commanding, and coiisii;ned (o tlie A'orth American
Commercial Company of San Francisco. This being the total catch on St. Paul Island
for the season of 1890.
. (Signed) JOSEPH MURRAY,
Assistant Treasury Aijent.
Island of St. Paul, Alaska, Aurjust 9, 1800.
Received this day on board the steam-ship "Arago," for the Norlli American
Commercial Company of San Francisco, 1G,874 fur-seal skins.
(Signed) H. C. THO.^IAS,
Captain cummandiny " Araijo."
Island of St. , Jichrim/s Sea, Alaska,
AiKjust 11, 1890.
This is to certify tiiat 4,121 fur-seal skins have this day been sliippcd on l)oard tlic
steam-ship "Arago," Captain Thomas commanding, and consigned to llic North
American Commercial Companies of San Francisco. Tiiis being the total catcii on
St. George Island for the season of 1890.
(Signed) ALBERT AV. LAVENDi:!;,
Assistant Treasury Aycnt.
Island of St. Georye, Alaska, August , 1890.
Jicccivcd this day on board the 8team-.sliip "Arago," for llie .N'ortli American
Commercial Company of San Francisco, 4,121 fur-seal skins.
(Signed) H. C. TIIO.M.VS,
Captain comiuandinij " Arayn."
Wtt.ihinylon, D.C., April 29, 1890.
In case of absolute necessity, caused by scarcity of natives or otherwise, use best
judgment and discretion in allowing killing seals for skins after the 20th .luly.
(Signed) W. WTNDOM, Secretanj.
Charles J. Goff,
Treasury Agent, Seal Islands,
(Care Collector of Customs, San Francisco, California).
iV.)— Protest of Georye R. Tinyle.
North American Commercial Cnrnpam/, St. Paul Island,
Sir, Alaska, .luhi 18, IBiJO.
Your communication of the 8th instant was received, in which you notify me,
as Superintendent of the North American Commercial Company, tliat said Company
must cease killing seals on the 20th instant. Tlie dehay in rejjlying thereto was
with the hope that, as a result of our several verbal discussions of the propriety or
necessity of your order, you would be convinced of tin- nntennblc ])ositi(>n yoii hi'vc
assumed and revoke the order, tlms allowing the lessees to go on with their business
as the law provides. Your annoimccment to ine this eveninn that yon will noi
revoke your order, and that your decision is final, leaves me but one tiling more
to do, viz., file this protest against the wisdom, justice, or ueressily of rnforcing on
the lessees what we consider an arbitrary ai)ri(lgment of our rights under and by virtnc
of the law.
The lease was executed by the (iovcnnnent of tiie liniled Sl.ilis in pui'ininee
of Chapter Iff, Title 'Jit, |{evised Statutes. This I ,inv iiulhei i-.ed the Secn.'lnrv el'
the Treasury to prescrilie from time to time llie Knies nnd l.'eiriihitiioi'i by wliieh
#
(I, Alaslcu,
in board tiie
th Amfricaii
Paul [sliuid
ry Agent .
■I 9, 1890.
h Aincrican
" Araijo."
I'll, Altixkii,
111 lionni the
the ^\)rtli
till catch on
<iinj Aijnnt.
t , 1S90.
th American
I " Araijn."
I 29, 1890.
vise, use best
Secretary.
tlie 'I'l-casiiry Agents in charge of tlie seal li.slicries shall l)e governed. There is
nowhere in the Law any provision authorizing the Secretary of the Treasury, after
li(> lins fixed U])(in the niiniher iii' seals the lessees shall kill in any one year, to cut down
llic time to sucii a date as to make it impossible for them to secure the iiumi)er allowed
to 1)0 taken.
The date you fix, the 20tli instant, it is true, was named by the Secretary
i)f the Treasury on your recommendation, but you received subsequently an order
to extend the time or " use your best judgment." On the receipt of said telegraphic
order the day before our shij) sailed, you told the President of the Company, I. Liebes,
iiiul myself, that " it would be all right; it was as good as we wanted," &c., satisfying
tlie President of the Company and myself that you would extend the time, otherwise
we would not have sailed until we received from the Secretary a po.stive revocation
ol that part ot his instructions which cut us oif on the 20th from killing seals.
You said to-day that seeing tliat seals were so scarce determined you to stop the
killiii;;- on the 20tb, and yet you admit of having ordered Colonel Murray, on
S(. (.Jeorgc Island, the Treasury Agent in ehaige, to stop our agent there from killing.
This order was issued to Colonel .Murray ai an early date, before the killing of seals had
hiirilly commenced, and it was not known whether they would be few or many.
The law says the lessees shall give the natives a maintenance out of the taking
of the sealskins. How can that provision of the law be carried out when the Government
steps in and slops the lessees from killing when they are taking 1,000 seals a-day ? By
llic enforcement of your order as the Representatives and Agents of the United
Stales, you deprive the natives ol a mainlenance. You dejirive the Government of
large revenue. You cause the N'ortii American Commercial Company great loss. You
fiirii over to the mantiulers and other natural enemies of the seals in tlie water many
ilionsands of line killable niereliantable seals, which we could take without any detriment
whatever to the rookeries.
We have every reason lo believe, from the marked increase (if new arrivals
of fine seals, that if we were allowed by you to continue our killing under the law,
we could (ill our (piota of OO.OUO seals. P)eliev!iig this, we will clnim diimages from
the Goveriimenl of the United States cipial to the loss we sustained by your act
limiting the lime to the 20th instant when we shall cease killing, 'i'liis limitation
of time has no precedent i:i the pnsl twenty years, while the (piota for St. George and
St. i'aul islands was se\en'! Mines changed. 'I'lie law tixed the time when the killing
shall cease, but the Secretary can fix the number to be killed each year — not exceeding
100,000.
In view of the foregoing facts, the North American Commercial Company respect-
fully claim t.ic right to be allowed to proceed with the execution of their business under
and by irtue of their lease.
1 am, &c.
(Signed) GEO, U. TINGF^E, Siiperiutendent,
C. J. God", Vjf<{., North Amerkan Coinmercial Company.
Treasury Agent in charge of Seal Fisheries.
^aul Inland,
II notify me,
aid Company
thereto was
I propriety or
on yoi! lii'vc
Lheir Iiusincss
you will not
' thing uiorc
enforcing en
and by virtnc
Office of Spciitil A(jmt, TreiiKury Department,
My dear Sir, St. Paul Isliinrt, Alaska, .July 19, 1S90.
Your communication hearing date tlie 18th instant received, and, in rejily, will say,
as a subordinate of the Treasury Department, 1 do not desire to discuss the subject-
matter coiit'iiiied ill your letter. 1 respectliillv refer yon tti the Iloiioiirable AVilliam
Windom, Secretary of the Treasury, to whom your letter Iuin been referrt'd.
l!es]iectfullv yours,
(Signed) ' CIIAK'LHS .1. (iOl-'F,
Tri'iisiiry Aijrnt in chan/c iif llir Sriil h^istirriry,,
Ifoii. (Jeoigc |{. Tiii';l(',
General .Manager, Js'orili Aniericaii Comniercial Company.
ill pursiiiince
Seen.'liiiy el'
11^ by rthii'h
44
(2.) — Table showing Number of Fiir-Scnls killed for skins on tlic Island of St. Gcor<,'c
by the Alaska Commercial (.'ompany, and also for natives' food, from 1870 to 1889,
inclusive; the Amount of Earnings received by tlic natives of this Island for takini;
and curing these skins ; also Amount earned by St. George men on St. Paul Island
and the distribution of said earnings ; the Total Number of Fur-Seal Skins shipped
from St. George Island by the Alaska Commercial Company from 1870 to 1889,
inclusive.
Tot.l
Paiil to Nntivcs
Total
Total
Y
■ar.
Fur.Btal Skiim
for taking atij
^ur-si-als
Bhi|l{HHt
ruring Skins.
--
killi'il.
rejected stagy.
Dol. 1-
1870*
• * •
,,
j ,,
187lt .
19,077
7,630 so ,
11,,.; 1
1872
.*
25,000
10,000 OH
v'.> VjOI.
1873
• * •
25,000
10,000 00
25,007
67
1874; .
• . .
10,000
4,000 00
lO.r-00
I875§ .
• . •
10,000
4,000 00
10,034
"34
1876
■ • •
10,000
4,000 00
10,279
279
1877
15,000
0,000 00
15,143
143
1878
. «•
18,0110
7,200 00
18,360
360
1879
.
20,000
8,000 00
20,316
316
1880
• ■•
20,000
8,000 00
20,:>'H
275
1881
20,000
H,000 0"
20,233
126
1882
• . .
20,000
8,000 00
20.316
291
1883
.
IJ.OOO
fi.OOO 00
15,076
,,
1884
■ * •
1. '1,000
6,000 00
l,'),000
, ,
1885
15,000
6,000 00
15,145
120
188S
■ . •
15,000
6,000 no
15,083
29
1887
• • •
15,000
6,000 00
15,166
76
1888
15.0110
0,0011 00
1.5,179
113
1889 .
.
..
15,000
6,000 00
15,08'2
40
Total ..
317,077
126,830 80
319,911
2,269
l>i<<tril)Uttoi) of Nalit
eg' £iirninl(9 for taking anil ruring Fiir-»cal Skim.
Years.
St. Gonrge
Rert'iveil
Rir.'iv.il
Ui.vivf.1
Uw.ivid
K.criTiJ
by
St. (;.-org..
Chirf
as Salary.
Reccivetl
Bf.-..v,-il
KarninKs
trail nfcrrffl
from
SI. I'aul.
by
St. Ciiiorge
Church.
liv
Si. neorgi'
i'rii'Si.
SI. Of<irgi-
WiJowB.
St. tieorge
.\g.d
aiiJ Silk.
by
Ooiialaska
I'rii'sl.
^ Pajl
i'riei'.
Dol. e.
Dol. r.
Dol. V.
Dol. c.
Dol. ,-.
Dili. .-.
L \. c. , Do . .
1870*..
, ,
, ,
1
, ,
1871t..
1
130 00
..
,.
1872 ..
,,
,,
1
20 00
,.
1
1873..
,,
..
.,
..
1874:..
C.DOO 00
.,
,.
,.
1875t..
5,800 00
3411 00
,,
..
300 00
340 00
187(> ..
ICO 00
,.
,.
, ,
. .
160 00
160 00
18T7 ..
,,
■2bn no
..
. ,
230 00
250 00
1878 ..
,,
:i(iii III)
.,
. .
,,
300 60
1879 ..
,,
3B0 00
,.
375 00
1880 ..
, ,
1,000 no
..
, .
,.
, ,
1881 ..
172 no
. .
.,
,.
1882 ..
, ,
100 00
"riio 00
,.
,,
1883 ..
.li.'i 00 1
00 00
, ,
1884 ,.
?.yM 8.1
hOO llo .
, .
loo 00
>•
1885 ..
a.')36 06
Mill 00 1
. .
100 00
• • • .
1886 ..
3.00(1 00
HIIO 00
1110 00
HO 00
*■ • •
1887 ..
2.50n 00
)<llll 00
50 00
100 no
• t >
1888 ..
1,500 00
.,
HIIO 00
.,
100 00
• • I*
1889 ..
1.300 00
■•
800 00 1
250 no
100 no
• •
■m:. :>»
Total
••
'25,7«0 40
l.>,702 00
'o.nii 00 j
.(.Ml 00
101 iio
070 00
710 00
• No record uf ("'«!« kilted uw St. Gi-urf[4> Inii I n 1^70.
t 19 dol. 2't I*, iinacctiunted for.
j 15,000 fiir-n'al skiim iitnp|ied from St. Fnu' Ij» *•'. Gcorgo &.!■' r*^*- lit^-d to St. (w-orge,
§ 14,000 fiir<»r^al skim t)ii|ipt?d frnni St. I'lU. to St. Uior^s u rcr- wA to St. Opori^e.
45
UlCAriTDLATION.
Fur-ieali lilllnl for sklni on St. Gi>ori;s Island hj the Aloski Commercial Company, and
for nativea' fuod, from 1870 tu lUtjQ, incliuire .. •• ,,
Fur-aol ikina BhipiKd by the Alaaka Commercial Company from St. Qeorgo laland from
1870 to 1889 ..
Fur-seal ikini rejected and atAf^y , • . , . . . , , , . .
Deitmction to Kal life in securing catch on St. George from 1870 to 1880 , . ..
Earnings received by natives for labour on-^
SI. George Island from li*70 to 188»
St. Paul laland ,,
Donations .. .. .. •■ ., .. .. .. ..
Unaccounted for .. .. •• ., ,. ., ,, ..
Expended by natives from 1870 to 1889 ..
BaUncu tu natives' account on May 2i. 189<'', and turned over by Alaska Commercial Com-
pany to North American Commercial Company •• ,, .. ••
319.9U
817,077
2,269
568
319,914
Dot c.
126,830 80
25,780 40
152,611 20
11,732 50
19 25
134,073 03
6,786 42
152,611 20
ffott,—Tot$\ number of fur-seal pupa killed for utives' food on St. George Island from 1870 to 1889, indusive, 29,060.
Consolidate I) Report showing llio Total Number of Fur-Seals killed for skins on the
Islanil.s of St. Paul and St. George by the Alaska Commercial Company from 1870
to 1889, inclusive; also the Number of large young Seals and Pups killed for
natives' food on the Island.s of St. Paul and St. George from 1870 to 1889, inclusive ;
the Total Number of Fur-Seal Skins .shipped from St. Paul and St. George Islands
by tiie Alaska Commercial Company from 1870 to 1889, inclusive; the Amount of
Earnings received by the natives of St. Paul and St, George for taking and curing
skins, and the distribution of .said earnings.
Fur-seals killed for skins on the Islands of St. Paul nnd St. Ucorgc by the Alaska Com-
uiercial Cocpany, and also for natives' food, from 1870 to IHS'J, inclusive .. ..
Fur-seal skins sli[pp<'d from St. Paul aqj St. Gt-orge by the Ats^ka Commercial Company
from 1870 to 1889, inclusive
Fur-seal skins rejected as stagy at St. Puul and St. tt<-orgc from 1H7U to 1889 inclusive ,.
Kur-seals destroyed on St. Paul and St. Giurgu in securing the t-atch from 1870 to 1889,
incl'isivc .. .. .. ., .. .. .. ..
1,877,030
1,840,364
2U,39S
16,273
1,877,030
Earnings received by natives of St. Paul and 8t. George from 1 870 to 1839, inclusive
Donations by natives of St. Paul and St. (n>orge from 1K70 to 18S9, inclusive . .
Paid to Chiefs on St. Paul Ishmd (St. GtHirge's is includi d in donations) ..
Paid to St. George men for vork done on St. Paul Island .. •• *•
Paid to Kodaik men for work done on St. Paul Island . . . . . . . .
UnaiTOOuntetl for *. .. .. .. .. ., .. ..
Paid tp school tear.her ,. .. ., .. .. .* ..
EipendeJ by the natives uf SI. Paul and St. Uiurgo from l!*7il to IH89, inclusive ..
Balance doe to natives May 24, lb90, now held by the North American Commercial Com-
pany .. .. .. .. .. .. .. .•
IJalanci held by Ahska Commercial Company for Mrs. MelevidolT .. .. ••
Fur-seal pupd (6vc months old) killed for native..!' food on —
St. Paul and St. George Islands lr;i.i 1870 tu 1889, inclusive
St. Paul Island from 1870 to 1839. inclusive ..
St. George Island from 1870 to IH.'-'J. inclusivo ..
Dol. c.
755,672 87
50,608 11
3.050 00
25,780 40
680 00
19 25
50 00
643,963 10
'^8,117 02
3,4U4 «9
755,672 87
92,864
63,804
29,060
92,864
40
Table showing the ilfuniber of Fur-Scals killed tor skins on the Island of St. Paul hy
the Alaska Commercial Company, and also for natives' I'ood, from 1870 to 188',J,
inclusive ; the Amount of Earnings received hy the natives of this Island for takinjj
and curing these skins, and the distrihution of said earnings ; the Total Nunihor of
Fur-Scftl Skins shipped from St. Paul Island by the Alaska Commercial Company
from 1870 to 1889, inclusive.
Total
Paid to Nfttivt-'s
Paid to Natives
Total
Rejwtid
Y
cars.
Fur-«inl Skins
fur taking «nd
for
Fur-seals
--
slii{i)iL-d.
curing Skins.
general I.abour.
killed.
-
BUIK7 i^Kins.
Dol. c.
Uol. ,-.
IB70
6,017
2,406 811
,.
6,nl7
,,
1871 .
76,134
30,H5J 00
580 40
77,925
431
1872 .
74,941
30,416 00
221 97
76,693
1,530
1873 .
74,485
29,597 80
76 SO
76,188
736
1874 .
89,921
29,849 00
217 53
97,932
.590
1B75 ..
89,687
30.098 00
276 113
91,215
451
1876 ..
80,1100
31,848 20
113 40
79,199
1,979
1877 ..
60,199
23,981 60
116 10
62,813
1,088
1878 ..
82,000
32.654 00
2,21K 38"
83,034
981
1879 ..
80,000
31,908 60
1,010 86t
86,592
1,977
1880 ..
80,000
31,889 no
215 10
80,276
275
1881t ..
79,905
31,825 60
54 00
81,501
1,341
1882 ..
80,000
31,750 80
250 50
81.120
1,411
1883 ..
60.000
23,896'BO
97 00
01,987
I,7.;5
1681 ..
85,000
33,785 60
240 00
86,013
941
18B!i ..
84,995
33,933 00
12 00
86,361
1,182
1886 ..
85,000
33,941 80
131 no
85,689
035
1887 ..
85,1100
33,839 80
203 10
85,629
590
1888 ..
85,000
33,834 60
15 60
85,271
196
1889 ..
..
••
85,000
33.741 80
15 00
86,053
••
Total ..
1,523,287
596,056 00
7,005 67
1,557,116
18,121
IJistributiiin <if Nalivra' £urniug4 for taking and curing Fur. seat Skins.
KiTClVLll
Ut.Tivtd
Ut'ceivod |jy
Year«.
RtTfivt'd
Ilc'Ct'ivinl
Uei:*'ivcil
by St. I'aul
UlTl'ilrd
Uecfivid
IltTcivtd
St. d'ori;!'
hy
by
l,y
liy
St. I'aul
Churcli for
by
by
by
Mt;ii for
St. I'aul
St. I'aul
SI. I'aul
translation
Cbi.'fs
()f)ualaska
<)onala.<.k t
Work .ioiie
Cliurch.
I'ricit.
Willow.... ■■'*;,".,"""
orCburrli
as Salary.
Cburcb.
Priest.
ntl
S.TVici.
St. I'niil.
Dol. c.
Dol. <■.
I)ol. ,-.
Dol. c.
Dol. ...
IJol. ,-.
IJol. L.
Dol. c.
Dol. ".
187U
l.'.O 00
,,
77 20
, ,
, ,
, ,
109 ,30
, ,
1871
910 16
,,
614 82
..
, ,
I.W II8§
,.
1872
902 45
■151 22
,,
,,
1873
870 02
435 11
, ,
,.
, ^
, ,
,.
1874
8i9 06
129 53
, ,
G.OOO iiiM
1875
432 07
432 07
. ,
,,
, .
432 07
,,
&,(J0O 00^
1876
757 12
, ,
, ,
, ,
378 40
756 80
1877
621 SO
621 4H
,,
,.
310 74
, ,
1878
f.M 78
f55 7)<
500 00
i
3110 00
f<:>:. 7H
1879
822 24
821 50
2110 00
450 00
150 no
,,
1880
813 10
813 10
150 05
2U0 (10 1,210 0.1
150 00
, ,
188i:
857 66
857 66
42M 83
225 00
,,
, ,
1882
, .
1,000 00
;j,050 00
> . ' • •
,.
, ,
, ,
1883
, ,
750 00
.')0 flO
]
225 00
, ,
,,
1B84
, ,
1,000 00
300 00
, ,
300 Oil
,,
,,
2,811 35
188&
, ,
1,0110 Oil
, ,
],00(» 00
300 no
,,
»-
3,o;tti iir,
1886
1,000 00
200 00
(ioo 00
21111 no
, ,
, ,
3, Olio no
1887
1,000 00
1„MIII 00
,,
200 00
, ,
2,r)00 on
1888
, ,
1.000 Oil
150 no
2110 on
,,
, ,
l.TiOO 00
1889
•■
1,11110 IMI
2,5110 III)
••
21111 00
•■
1,300 no
Tcitn
8,851 IK
13,1117 l^
8,892 07§
1,800 00§
1,648 48§
3.050 no
1,571 21 §
2,176 96§
25,7hO 10
* 1,02^ (Uil, 02 r. ri<-i ivi'd ljy iiutivcs fur making oil, uiidtT lieiul uf Kenera) Inliuur.
t 1,060 tiol. 0(1 r. ,, ,. „ ,.
{ 50 (lolliirs ri'veivetl hy m liciol teiicher.
§ \b'i il(il. OH c. ricfjvtd liy Dr. Knurii-r : hrat-clMS ulinrt'.
II 15,000 i-kinB crrdilt-'d to St. (it'or^e ini-n for laltour; OHO dolla/s received by miii from Kodiak for Inbour.
^ 14,UU0 skioa credited tu Hi. George men for labour j 12 dol. 60 c. donutcd to Antone Mulcvidott.
47
Kicafithlation.
Fur-MTlH kilUd for Hitini on thu IiUnd of St. Paul hy the AUtka Coinnu-rciul Company,
■in) (lUo fur natifi-ii' footl, from 1B70 to 18B9, inrtutivo. . ,. •. ,.
Fiir-ftciiU killfd for >kini shipped from St. Puul liy (he Ahtska Commercial Company from
IH7»tnlBH'J ..
Fiir-iiF:d skmn ftom St. Paul rejected, ilagy .. .. ,, ,. ..
DfitrucUnii tu real life- on Ht. P«ut Islind in becuring eatrh from 1B70 to 1889, inclvaive . .
Fur-seuln. (if all t laiiff, killed fur natives' food on St. Paul Inland frum 1870 to 18H9,
inelutii e *. .. .. .. .• ., •« ..
Fur-!ruils (Inri:'' V'ung seiili)) kitlt^d fur natives' food, of which the Alaska (.'uninirrci&l
('ompuny luttpied and fihipn^d 62,^73 ikinn ,. .. .. .. ..
Knr-sral piip« (five iniinths ol<l i KM<t)J for natiren' food from 1870 to 1889 ,« ..
Kiiriiings received hy nativts of St. Paul Uland fiom 1870 to 1^89| iocluiive ..
Donalionn received hy nativea of Ht. Paul Island , . , . ..
Paid to Chicfa . . . . . . . . * . . . . .
Paid to St. George men for labour on St. Paul .. .,
Paid to Kodi:ik men . . . . . . . , . , . . . •
P«id to ■ehool teat'hrr . , , . . . . . . . . .
With Ala'ikj Cummercinl Company for Mrs. MeU>\iduff ..
Ripended hy nalivi-a rrum 1870 to 1889..
lUIaure due to natives May '^4. 1H90, with North American Commercial Company
Total
l.:)57,116
1,:23.2R7
18.124
15,705
1,557,116
M4,801
8(i,s«r
C3,80«
U4,8(II
Dol. r.
603,001 67
38,875 61
.1,050 OH
25,780 40
680 00
50 00
3,404 9?
509,890 07
21,330 60
603,061 67
•J. Report of 8. R. Nettleton.
Dear Sir, St. Paul Island, Alaska, July M, 18'jO.
I have tlie honour herewitli to submit my annual Report of the condition of aft'airs
on this island during the time in which I had charge, to wit, from the 23rd September,
1889, the date of your departure, until June of this year, and also to comment briefly
upon the condition of the seal rookeries and hauling-grounds of this island during the
season which dosed on the 20th instant.
I have found the natives of this island an exceedingly easy people to govern and
oontrol. The Government Agent in charge, being the sole representative and executive
>>rttie law, is, as you are aware, neces.sarily brouglit into very close and intimate relations
with these people, having to do with the minutest details of their everyday life.
My comparatively brief experience in governing them convinces me that a policy of
kindness witii tirmness, and an appeal to their manhood and womanhood, hold the best
[Moniise of good results, having in view their happiness and tlieir advancement to a iiigher
i.nd a better civilization.
I believe that it Mould be diflicult to find anywhere within the jurisdiction of our
(ioverninent any people .so easy (o control, considering t;:'>t they arc kept in enforced
iilli'iiess ten months of each yc-ir.
1 regard their readiness to comply with any and all Rules and Regulations of tliis
Ollice for their government as testifying to their manhood and good cilizeiisliip.
in this connection, it ad'ords me great pleasure to report tiiat during the time iliat
1 have had immediate charge there have been but three instances of violiition of any
Iviile or Regulation. These were mild cases of partial intoxication during tiieir holiday
Icstiviiies.
There ban been no drunkenness or brawling in the village streets or in the homes of
the people, not a single breach of the jicacc.
It is a source of gratilicutioii lo be able to state that the journals of this Otlice show
;lmt in this regard the winter just closed presents an e.\cc|)tioii to those of any of tiio
int'ccding twenty years.
The fact is patent that but little advancement has been iiuulc by the natives ol' this
i-lai\d towards an intelligent Amcricaii citi/cnsliip during the twenty years that they have
lifi'n noniin;illy litizeiis of the lu'|)iil)lic ; that not to exceed 10 per cent, of tlieni, v. ho
iluring the time mentioned, have attended i'liiglish schools, spe.ik the English lami'iiage.
Tliis may be explained by the well-known objection of the parents to tlieir cliildren
learning to speak I''iiglish, and to tlie further fact that the services of their ('burcli, the
tireek ('athoiic, are comliicted wliollv in the Hussian and .\letitian language
[•ii).-)] ' Ji
48
The small advancement made by the pupils in the schools is attributable also in
large measure to the fact, that the schools have been conducted by persons not trained
to the profession of teaching.
It is, in my opinion, to be regretted that the Department, in granting the new lease
of the Seal Islands, did not reserve to itself the employment of the school teachers, wlio
should hold certificates showing their qualification to teach, at least, the primary brandies
in our common schools.
In relation to the condition of the seal rookerica and hauling-grounds of this islanil.
I do not feel called upon to go into details in view ol the full and exhaustive mannc in
which the subject is treated in your Report of this year, and also in view of .,ic
forthcoming Report of Professor H. AV. Elliott, who was sent by Ihe Deparlnionl
especially to examine and rcjiort upon the condition of seal life on this and the Island of
St. George.
But I desire to add my testimony to that of my associate as to the deplorable coiuli-
tion of the senl gronnds upon this island. The large grass-grow areas of these grounds
until a comparatively recent period occupied en iii(i.sse by seal to be numbered by tlic
millions, and now wholly deserted, the driving and redriving from all of the haulin:,'-
gronnds on this island by the lessees during tlie present season in their efforts to obtain
their quota, and the meagre results attained, tell, in stronger language than 1 run
conimnnd, the sad story of the very near approach to the entire destruction of seal life
upon this island.
It is hardly worth while for me to attempt to theorize as to the probable cause of
the condition of aflaiis. I deem it sufficient for me, at this time, to corroborate and, if
possible, to emphasize what you say in your own Report, as to the past, present, and the
threatened future condition of seal life upon these islands.
The present depleted condition of tlie seal rookeries on this island urgently calls
for pi\,m|)t actio" by the Government to save this important industry from immediate
and complete destruction.
I heartily concur with your views expressed in your Annual Report of 1889 in regard
to the killing of pup seals for natives' food. The skins of these pup seals belong to tlic
natives, to be disposed of by them as they choose, the only restriction imposed being
that they shall not be exchanged for contraband goods. I desire, through you, to call
the attention of the Department to the fact that these pup .sealskins, being largely
held by the natives for the purpo.se of barter for spirituous liquors with the seamen
of any oraCt that may anchor in these waters, are a source of evil, and only evil, to
the natives. In view of this fact, and also in view of the further fact that the seal
life on this island is rapidly approaching extinction, I respectfully suggest that the
best, interests of the natives and the best interests of the Government will be the
most eflectunlly served by prohibiting the killing in the future of any pup seals for
native food.
Some more economical substitute can, in my judgment, be readily supplied. ,
T t 111, &c.
(Signed) S. R. NBTTLETON,
Charles J. Goit, Esq., ' Asuistanl Treasury Acjenl.
United Slates' Treasury Agent in charge of Seal Island.
3. Report of A. W. Lavender,
Office of Special Aijenl, Treasunj Department,
Sir, St. George Islanil, Aaijust '2f), 18'.)0.
I have the honour to report to you that on the 14th August, and while the Unid'd
States' revenue-steamer " Rush " was lying at anchor ofl'our village, a schooner came in
sight close in to the east end of the island. This was at 5'.'W p.m. The " Rush " at once
got under way and steamed towards him, and followed him in to the anchorage in front
of the village, where she lay all night between the cutter and the shore. She proved (n
be the -American schooner " Nettie Martin," Captain Ohimitz, belonging to Kodiak. Siic
is nbout Hi tons measurement, and has a crew of four white men and four Kodiak nativ< s.
She had on board ten sacks of salt and four shot-guns, also two sea-otter boats. Tlu'
captain said that he was from Kusoquim, bound to Oonalaskn. His jiapers show llial
lie had cleared from Kodiak on the 20Hi June, bound on a trailing and coasUng
voyage along the coast of Alaska, and for a (urthcr excuse he said that he was short
49
of provisiona, and the wind liad bcoii Idowing so lony fioui the south tliat he must he
supplied.
I did not take any stock in what he said, and would not allow him to come on shore,
;ind told him that the cutter could supply liiui with all the jjiovisioiis he required.
I helieved him to be a seal poaeher, hut there was nothin"; on hoard that we could attac!>.
We were obliged to let him go, for which 1 have been mad at myself ever since, and as I
had men watching the East Rookery, the only place where he could land upon tiie island,
I had no fear of his ever going on sliore ; but early on tiie morning of the loth I sent
ox'ra men around the island from Garden Cove to the eastward, and under the high
l)luft's at the east end of the island, al)out 2 miles from East Rookery, they found four
ilead cows and four dead pups, also three clubs, one of which was broken. 'I'hcse were
uKule of drift wood, and two of them had a little tlesh upon them. At tiiis time of the
year the cows and pups nre scattered along the rocks on most all parts of the sea-sliore
of the island, and by cliance tiie Ijoat's crew that landed came upon a few of these, uhicli
they killed, and the schooners, while beating to windward to get into an andiorage
under the high cliffs, came in sight from the cutter, and it is my opinion that
the men on shore got into their boat as soon as they could and went on board the
>{'hooner.
1'hey did not take any seal with them, and bad to get out of the scrape the best
iliey could, which tiiey did to perfection. Had the schooner not been away at the time
tlie natives brought the clubs into the village, f would have had them caught, but the
>chooner and cutter both being gone, I could do nothing but kick. If I again come
across Cnptaiii Oidmitz this far, I will endeavour (o nuike it uncomfortably warm for him.
If he had landed upon i']ast Uookcry he would have done some damage. It was l)lowing
very bard at (lie time, and I have no doubt Itut he intended to anchor close under the
ilills, and go u|)on the rookery at night and get all the seals he could.
Since that time [ have established a watch-house at Garden Cove, and keep two
men there all the time. No vessels can come near the island on either side without
liciiig seen. There never was a watchman at tJardcn Cove before.
The seal are very scarce on this island, and in order to get enough for food for the
natives I am obliged to kill seal whose .«kins will not weigh over tj to o}, lbs., and these
ihe Company will not accei)t, and I am salting them for Government account, and shall
|ii(ibably have some (iOO or 700. They are all good skins. I'lease obtain an order from
the Secretary to ship them on one of the (irst Government vessels going to San Francisco
tlie next season. I also retiuest that you obtain permission to purchase a new carpet for
llic Government House on this island, as the carpet we now have on the lloor is nearly worn
out. Also please obtain from the department for this island the following seeds: 4 lbs.
noijd turnip seed, 4 lbs, good lettuce seed, and 4 ll)s. good radish seed. I have never
seen vegetables grow better in my life than they do here, and it would surprise you to see
iiDW what a fine bed of lettuce and radishes we have here now. In obtaining the seed,
please get seed that has been grown as far north as possible. The natives of the island
are a much superior race of people to what I expected to find, and I do not anticipate
any trouble here this winter.
I am, &c. "' ■
(Signed) A. W. LAVENDER,
Charles J. God", Esq., .issiflaiit Trcamuij Afjenl.
Treasury Agent, Clarksburgh, Washington, Virginia.
' ,43.1 >.{•-,
'.-.t;
[295]
H 2
50
4. Report of A. W. Lavender.
Office of Special Agent, TVeasury Department,
Sir, St. George Inland, October 24, 1890.
I have the honour to report to yoii thai. United States' rcvenue-sitcamer " Bear "
returned to tliis island on llie :?i!nd instant from Oonalaska unexpected to us here.
Ca|)tain Kealy told me tint orders had been sent from the Department to watch tlio
ronki'ii's very close, as there had been two schooners cleared from Victoria for Rehrin;;'s
Sea, and that they «ere i;oin<]; to raid these islands. I have not seen a schooner around
liere sini-e I last wrote you, nor do I think that there is a single schooner taking seals in
Beliring's Sea at this writing, and unless they come within the next two weeks there will
not he any seal upon the rookeries for tlieni to kill. I have again to recpicst yon to do
your hest to ohtaiu arms and ammunition for these islands, and hope that you will be
able to secure lliem, for without them the rookeries cannot be protected in a pro]ier
niannt'i'. 'i'lie old rilles that answered for the protection of the rookeries belong to the
native>. and are of but little use. In addition to the five rifles owned by the natives, the
Company has found small Colt's rifles and one large Sharp's, with very little ammunition
for any of them.
We have had three deaths here this last week, all three females. At this writing
every adult native on this island is either sick in bed or convalescent. Both church and
school have been dosed for the last two weeks, and I have been obliged to have boys
only on guard at the rookeries. I think that the worst is now over, and do not apprehend
that we shall have more deaths. There has not been any sickness among the white men
up to this date, and everything upon the island is going along smoothly. On account of
HO much sickness, 1 have been obliged to issue coal to the natives sooner than I should
have done under more favourable conditions, for these people must be provided with
more fuel now that the catch of seal is so small they cannot secure near blubber enough,
with what little drift wood they can collect, to last them through the winter, and to
purchase coal from the Company at 30 dollars per ton of 2,000 lbs. is more than they can
stand out of their earnings for killing seal. Their houses are small, with only two rooms
each, and with a large family to be all sick at one time is almost certain death with
nothing more to keep them warm than the few ])ounds of coal furnished them by Govern-
ment, and the little water-soaked drift wood that they have been able to pick up around the
island and bring home on their iiaeks, for they have no other means of transportation ;
tlic fact is that the only places that drift wood can land upon this island is at the breeding
rookeries, where they are not allowed to go during the season when the .sci.ls are there,
and it is my opinion that these islands will soon be depopulated unless the Government
comes to their rescue, for the few seal they will be able to kill here the next few years
will not keep them from suffering.
Of Captain Healy, of the ''Bear,'' and Captain Calson, of the "Rush," I cannot
(tpeak but in the highest terms. These gentlemen have been very courteous and
obliging to the Government officers in charge of these islands, and have also extended
all possible favours to the Company agents when it was not interfering witli their
instructions.
The weather here the past month has been very bad, and we have had three very
heavy gales of wind, so that I cannot think it possible that a schooner shoidd stop in
Behring's Sea at this season of the year.
But I do think that they will follow the seal into this sea very early in the spring.
As the seal begins to come upon the rookeries the last of April, I think the schooner will
follow them very close. I would suggest that you place this letter before the Secretary,
i\s well as my letters to you under the following dates, 14th August, 10th September, and
1st October, that he may know the true state of affairs upon this ishmd.
Very respectfully, &c.
(Signed) ALBERT W. LAVENDER,
Charles J. Goff, Ansislant Treasury Agent,
Treasury Agent, Clarksburgh, Washington, Virginia.
liev. Shi
change
It
line of tl
knowledg
('ominsr I
51
5. Report of A. W. Lavender.
Office of Special Agent, Treasury Department,
Sir. SI. George Island, October 30, 1890.
1 have the honour to report to you tlint the United States' revenue-cutter "Bear"
i-i still in theise wnlors, and at this writin;:; is Ivinfj at anchor at Zapadine.
We have not seen hut one scliooner since the 18th ultimo, and that was the whaling-
schooner "Alton," wliich anchored at Garden Cove to secure hrinc hoats previous to
Icavinn; these waters lor San Francisco. Tlic oidy enemy the seal and seal-pups have
around these islands now is tlie kitten whales, which are in large schools destroying pups
in large nuniliers.
We have had very severe weather here most all the year, and I cannot think it
possihle that there is a sealing-schooner on Behring's Sea at this time.
The natives are most all on the improve, and we have only had one death since I
last wrote you, and that was a young girl of 1 1 years old, and she died with scrofula and
;;L'neral dehility.
'riie natives on these islands must have more furs, or they will suffer next season
much more than they will this, as most of them have a little money to jnirchase wood,
llirec sticks for GO cc.'nts. They should have at least 70 tons of coal for this island
alone ; drift wood is very scarce, and they have no blubl)er this season.
The Secretary, in his instructions, should say how many rations are to be furnished
to the widows and orphans on this island for every week in the year, and this also should
ijc left in the hands of the officers in charge.
The seal arc nearly all gone from the rookeries now, and it is almost impossible to
net enough for native food.
I sha.l have about (iOO rejected skins here in the i'pring, for which please get orders
to ship (m one of the tirst ships that goes down.
The Company will not take skins less than G.] lbs., which is the cause of my having
-n many rejected. In order to get enough for food, I have been obliged to kill small
seal.
I liope that you will be able to secure arms and ammunition for these island.s, as
they are needed here very badly, I will assure you.
If it is possible to change the school system here, it should be done, as the schools
licre now are only a farce, and I think if they were put um, ir the charge of the
licv. Sheldon Jackson that it would be a big improvement; in f.ot, there could be no
change that would not be for the better.
It looks strange to me that after twenty years' teaching that there is not a single
line of the scholars on this island that can speak English, and most of them have no
knowledge of the world outside of these islands. Hoping to see you up here early the
coming season.
(Signed) ALBERT W. LAVENDER,
( iiarlcs J. GoflP, Esq., Assistant Treasury Agent.
Treasury Agent, Clarksburgh, Washington.
6. Report of A. IV. Lavender.
.My dear Sir, Oomhiska, March 19, 1890 .
I am in receipt of yours of this date, asking me to visit the condemned schoon*'''
now lying near the head of this harbour, and to make you a Report as to the valiiatio«>
111' each one when new, also the present condition and valuation of eacii one as they now
remain ; and, in reply to same, I will say that upon receipt of yours of even date I went
at once on board the steam-schooner '" Thornton," of Victoria, Ikitish Columbia, and
found her to be a small steam-schooner of about 45 tons measurement, built of soft wood,
mostly Oregon pine, her engines about eight-horse power, her bottom yellow metalled ;
all her running gear was down in her hold among iron rust and dirty water, and of no
value whatever. I did not find any sails on board, her anchors and chains are both
attached to her, but are very light and rusty, most of her small spars are gone, I should
think, when new, that 7,000 dollars would be a fair price for her, including her engines
and all other accoutrements, ready for sea. Her present value is nothing more than her
old rigging and metal would sell for, less freight and expenses, and 200 dollars would be
a good price for her.
From the "Thornton " I went on board the schooner "Carolina," of Victoria, British
52
Coliiniliia, and foiinJ her to l)e a small keel vessel of about 32 tons. The ninning gear
was all down in the hold amon;j; iron rust and sea water, and is of no earthly u^c ;
her main boom and gad' and boom to the jib were all the small spars I could lind
belonging to her, only one small anchor and ehain was on board, which is covered \vitli
rust, and is very small and of little value; her standing rigging is of wire, and, I should
say, that when new and ready lor sea that her cost would not exceed •2,'>00 dollars at tlir
outside. I did not see any of her sails on board. The present valuation is nothing wunx-
than she would sell for as firewood, and 23 dollars is more than I would be willing (o
pay, and more, in my opinion, than the (iovernment will ever receive for her. She is
built of soft wood, mostly Oregon i)ine.
From the " Carolina " I went on board the " Angell)olly," of San Francisco, and
found her to be a small centre-board schooner of about 40 tons measurement. The main
masthead was broken off, the standing rigging is of wire. The running gear was down
in the hold, and in the same condition as that on the '•Carolina" and "Thornton;" ail
her small spars are on board, both anchors and chains are attached. There were none of
her sails on board. She probably cost when new lJ,On() dollars all ready for sea; her
jireseiit value is very little, and 10(» dollars would be a good price for her as she now lies.
She is also built of soft wood. The water ri>es and falls in her and in all the others as
the tide ebbs and flows. I understand Ihat her h.tils are in the (iovernment warehouse
here, also three of her boats.
From the "Angel Dolly" 1 visited the schooner " Onward," of Victoria, IJritisli
Columbia, and found her to be a small two-masted schooner of about "."i tons, with hemp
rope standing rigging ; her small spars are on board, both anchors attached and in fair
eonditicm ; her running gear was down in the bold, and worthless as the rigging of the
other three schooners ; there were none of her sails to be found on board. 1 should say
that this schooner war; built in Nova (Scotia; she is made mostly of soft wood, principally
pine, and when new was a line little vessel, and (irobably cost ready for sea about
4,500 ti) 5,000 dollars. At the present lime she is almost worthless, and I do not think
that she woidd sell for more than 'JOO dollars, altliough she could be made, with iibout
1,010 dollars paid out in repairs, a vessel tliat wmdil sell for about L',.0OO dollars, provided
her sails are in good condition. 1 also found nine canoes on the shore near the schooner
which beloiigs to some (d' them, but, like ibe vessels, have gone to ruin through want (■!'
care. Should yon re(piire u more detailed Report than this plea.se let me know, and on
my return to Oonalaska I will be pleased to make it for you ; and in the meantime I
remain, &c.
(Signed) ALBERT W. LAVJ':NDKK,
Charles .F. Oolf, Es(i., Assistant Treasury Agent.
Chief Treasury Agent, Seal Islands.
ifo.2.
Sir J. Pdiiiiccrotr to the Marquis of Sulisbwi/. — [Received May 21.)
iMy Lord, Washington, May 11, ISiil.
WITH reference to my telegram of yesterday, 1 have the honour to inclose an
extract from the Cleveland " News and Herald " of the 4th instant, purporting to give
the fidl te.tt of Professor Elliott's Report to the Secretary of the Treasury, dated the
17th Novendier last, on tin; condition of sell life at the i'ribylolf Islands during the
summer of 1890.
Your Lordship will remember that Professor Elliott was appointed Special Commis-
sioner for the purposes of the above iu(|uiry by Act of Congress, and that, as .stated in
my despatch of the 20th February last, his Report was not included among those of the
other Government Agents which weie transmitted to the Senate by the Secretary of
the Treasury on the Otli February. It has not been yet officially published.
I am informed that the document published in the inclosed extract from the
Cleveland "News and 'ieruid" is mcorrectly styled Professor Elliott's Report, and that it
is only the introduction to his Report in the form of a letter to the Secretary of the
Treasury.
The Report itself is a much more voluminous document, but the introduction gives
its substance and its recommendations.
I have, kc.
. . •' ; ' •• ..r>> (Signed) JULIAN PAUNCEFOTE.
63
Inclosurft in No. 2.
Exlrarl from the " Cleveland Leader and Mornimj Herald" of May i, 1891.
Sperial Dr»patch to the " Leader."
Washlmjlon, Ma;/ 2, 18i)l.
'rHl'i ne^jotiations l)C'twccn Sccretiiry iJlninc nnil the Britisli Minister for tlie settlc-
iiient of tJie Ik-hring's Sea troubles arc likely to be resumed as soon as llic "Sayward"
case, taken into the United States' Supreme Court from the District Court of Alaska, is
(lisiioscd of. Mr. DIaine is now in possession of exact and reliable information as to the
londition of tiic scalinfj industry not at iiis disposal before, and which caimot fail
lo impress the i$ritisli Minister, Lord Salisbury, and everybody else, with the necessity
(if an immediate enforcement of tiic policy adoi)ted by our Government in seeking to
pievent the killing; of seal in the open waters of liehring's Sea. The ini'-rmation
referred to siiows a good deal more than that. It shows, what was perhaps unexpected,
ihat the tlnealened extermination of the seal is duo in large part tn the legalized
driving and killing on land by the lessees of the sealing grounds, which must also
lie -luspended if seal life is to be preserved. With these facts established by evidence
that no one can dispute, there ought to be no great diliiculty in cifecting an agreement
Ijctween the United States and Great iiritain for the immediate proi.'Sition of any seal-
killing by anybody the coming soa.son, and a subsequent arrangement that will avoid any
linther conflict over this question.
When the "Sayward" case was appealed to the United States' Supreme Court,
the negotiations were in what appeared to be a confused and inisatisfactory state.
Sir .Julian Pauncel'ote had embarrassed Mr. Blaine by quoting President Cleveland's
Special Agent at tlic scaling grounds, Mr. George R. Tingle, who affirmed I)efore
a Committee of Congress that the seal was increasing in number, and that the rookeries
were never in better condition; and Mr. Blaine was dilating at length upon the
historical rights of the United States in Bebring's Sea. But he was quietly doing
■d good deal more than that. He was having the actual condition of affairs at
file sealing grounds thoroughly investigated by Professor Henry AV. Klliott, of the
Smithsonian Institution, a Special Commissioner appointed in pursuance of the Act
of Congress approved on the 5th April, 1890, who is the best living authority on
''Oal life; so that h'' might be able to demonstrate the falsity, or gross inaccur.acy,
of Mr. Tingle's testimony, which could not he refuted in any other way.
Following is Professor Elliott's Report, submitted to the late Secretary Windom, in
November last, and which is now made public; —
lion. William AVindom, Secretary of the Treasury,
Sir, Cleveland, Ohio, Xoremher 17, 1890.
On the 7th April last I received from your hands my appointment as the Special
Agent created in Act of Congress, approved the 5tii April, 1890: this Act orders and
jirovides for a thorougli examination into the present status of the fur-seal industry of
our ( iovernmcnt as end)odied on the seal islands of Alaska, so as to make known its
relative condition now as compared with its prior form and well-heing in 1872, and for
other kindred lines of in((uiry.
I may as well frankly confess at the outset that 1 wae wholly unaware of the extra-
ordinary .state of affairs which stared me in the face at the moment of my first landing,
last May, on the seal islands of Alaska. I embarked upon this nussion with only a faint
iqiprehension of viewing anything more than a decided diminution of the Prihylofi
rookeries, caused by pelagic scaling during the last five or six years.
Ikit from the moment of my landing at St. Paul's Island on the 21st May last until
ilie close of the breeding season those famous "rookeries" and "hauling grounds" of
llie fur-seal thereon, and of St. George's Island, too, began to declare and have declared
lo my astonished senses the fact, that their utter ruin and extermination is only a
i|nestion of a few short years from date unless prompt and thorough measures of relief
and protection .ire at once ordered on sea and on land by the Treasury Department, and
riiforccd by it.
Quickly realizing, after my arrival upon these island.s, that a remarkable change
lor the worse bad taken place since my finished work of 1874 was given to the public in
that same year and the year also of my !;i>t survey of these rookeries, I took the field at
94
®ncc, carrying hourly ami daily with me a series of note books opened imdir followiiiar
heads : —
1. The " rooiici'ics," tlieir area, poHition, and condifion, in 187-, 1874-00.
2. The "hauling fjronnds," their appearance in 1S72, 1874-00.
3. Tlie method of " drivinfr" and taking fur-seals in 1872, lh74-')0.
•t. 'i"he .selection of Hkins, grado, and supply, in 1872, lH74-it().
5. Ciiaraelcr, condition, and nnnilier of natives in )87i', 1874-00.
(1. (,'onduct of native lalionr and pay in 1872, 1874-00.
To these hen<ls I add the foUowin}!; sections in their order as mentioned, tliiH
eonstituting the full liody of my Report, wliich is preceded by this letter of traus-
niissal : —
7. 'i'lie j)roteclion and iireservation of these fur-lieariiitf interests of our Oovernnu'iil
on the I'rihylotf Islands, ti»e immediate action necessary, viewed in the full light ot'
existing danger.
8. Appendix, in which the author's daily field notes appear, i-erhatim tt literalim, in
order of day and date.
0. Ix'evised general Maps of St. Paul and St. George, showing the area and position
of the linuling grounds of the fur-seal thereon in 1872-74, and again in 18t'0.
10. ,\ series of special Maps showing the exact topograpl' •'rea, and position nf
the breeding rookeries of St. I'aul and St (Jeorge Islands in IM r.nd again in l'5'J'),
together with an illustration of each rookeiy drawn fronj life b' 'tlior.
Although I was unable to detect any siijn of existing (laii..,..c or injury to these
interests of our Government on these Islands of Pribylolf in 187'2-74, yet the need ol
caution on the part of the Agents of the Government and their close annual scrutiny v\as
pointed out and urged in my published work of 1874* in the following language
(pp. 75-77):-
" Until .ny arrival on the seal islands, April 1872, no steps had been taken towards
ascertaining the extent or the importance of tliese interests of the Government by eitlicr
the Treasury Agent in charge or the agent of the Company leasing the idlands. This
was a matter of no especial concern to the latter, hut was of the first importance to tin-
Government. It had, however, failed to obtain definite knowledge upon the subject on
account of the inaccurate mode ot ascertaining the number of seals which !iad been
adopted by its agent, who relied upon an assumption of the area of the brecdiiif;
' rookeries,' but who never took the trouble to ascertain the area and position of these
great seal grounds intrusted to his care.
"After a careful study of the subject during two whole seasons, and a thon)uj;li
review of it during this season of 1874, in company with iny associate, Ijieuteuaiil
Maynard, 1 propose to show plainly and in sequence the steps which have led me to a
solution of the (piestioii as to the nuniher of fur-seals on the Pribyloff Islands, togetiici
with the dcterniiiiation of means by which the Agent of the Government will he able lo
correctly report upon the condition of tl." seal-life from year lo year.
"At the dose of my investigation Im the season of 1872, the fact became evident
that the breeding seals obeyed implicitly a fine instinctive law of distribution, so tiiai
the breeding ground occupied by tlieni was always covcied by seals in an exact ratio,
greater or less to the area to be held ; that they always covered the ground evenly,
)iever crowding in at one place and scattering out at another; that the seals lay just iis
thickly together where the rookery was a small one of only a few thousand as at ' Niili
Siieel,' near the village, as they did where a million of them came together, as at .North
east Point.
" This fact being determined, it is at once plain tli;it, just as the breeding groumls ni'
the fur-seal on these islands expand or contract in area from their present dimensions, -u
the seals will have increased or diminished.
" Impressed, therefore, with the necessity and the importance of obtaining the exai't
area and position of these breeding grounds, 1 surveyed them in 1872-7-1 for that i)uri)i)S(',
and rc'.urveyed them this season of 1874. The result has been carefully drawn and plolU'l
out, as presented in the accompanying Maps.
"The time lor taking these boundaries of the rookeries is during the week of llieir
greatest expansion, or when they arc as full as they arc to he for the .season, and before
the regular system of compact even organization breaks up, the seals then scattering oiU
in pods or clusters, straying far back, the same k. 'mher covering then twice as much
giound in places its they did before, when marshalled uii the rookery ground proper ; the
breeding seals remain on the rookery perfectly quiei, and en 7nas.se, for a week or ten
♦ A l{e|iort upon llic Condition of Affairs in the Tcrritor)- of Alaska, bv Henry W. Elliott, Special Agent,
Treasury IJepartmciit. Gdvernmcnt I'rini in;; Offire, 187.5. (Pp 277-80 ■>
nn
ll, tluH
tlilllS-
(lays (liiiins tlic iK'riod of ;>Tcatcst oxpaiiHion, wliich is between tlie lOtli and 20tli July,
liiving ample time tor tlu! iii>;ent to corieclly nolo the exact hounduiies of the area
covered hy4hen). This step on the part of the Government ofliccr puts him in possession
every year of exact data upon wiiich to hasi" a IJci)orL as to the condition of the seal-life
as compared with the year or years previous. In this way my record of the precise
area and jjosition of the fur-seal hreeilin;;; j^rounds on St. i'aul's Island in the Beason
of 1^72, and that of St. (ic<)rv;e in the season of 1S73, correctly .serves as a definite
Imsis for all time to come upon which to found authoritative Reports from year to year
as to any chanf;e, increase, or diminution of the seal life. It is, therefore, very
important that the Government should have an Aj^ent in cliarfje of these novel and
valiiahle interesls, who is capable, by virtue of edutiatiou and enerjjy, to correctly observo
and report the area and ])osition of the rookeries year by year."
'rhereforc, in the lij^ht of the forcn'oinj; you will observe lliat, although 1 was unable
to detect myself any danj;er to or diminution of the seal life on the Prihyloff Islands after
three seasons of close study in the fielil, endini; with the season of 187 1, yet i was deeply
impressed with the need of an intelli^^ent careful search every year for tiie signs of or
real existence of such danger, that 1 erged the Department to select men who wore lit
to make such a seari'h, and who couhl be tr: -led to do it honestly and thoroughly, i
iiiiide this request on the Idtli November, 1^74, as I gave in my detailed Report above
cited to tlie Secretary of the Treasury, who ordered it to be published at once, and caused
it to be widely circulated by the Department.
In 187--7't, 1 observed that all the young male seals needed for tlie annual quota of
7.^^,000, or 1)0,000 as it was ordered in the hitter year, were easily obtained every season,
between the 1st June and tlie liOtli .Inly following, from the "hauling grouiuls" of
Tolstoi, Sukannon, and Zoltui Sands, Irom these hauling grounds adjacent to the
rookeries or breeding i;rou;ids of Tolstoi, Sukannon, Reef, and Garboteh, all of these
points to sup])ly b'.ing not more than i^ miles distant from the St. Paid village killing
^Miunils, the Zoltoi drive being less than (iOO feet away.
At North-east I'oint on this island Webster got all the .seals desired towards Idling
llio above-cited quota of !)<t,')()0 from tlmt sand-reach between the foot of Cross Hill and
the liig Lake sand drives on the north-shore beach.
Then, that immense spread of hauling grounds covered by swarms of young nuile
seals, at Zai)odnie, at Soul li-w est I'oint, at 1'iiiglish Hay beyond Aliddle Hill west, at
I'olavina, and over all that 8 long miles of beach and upland hauling 'groumls between
Sukannon liny and \Vel)ster's House at Novostoshuoh — all of this extensive sealing area
was not visited by scaling gangs, or spoken of by them as necessary to be driven
from.
Therefore, when attentively studying in 1872-71 the subject of what was the
cll'ect of killing annually li)0,Ouo young male seals on these i.slands (90,000 on St. Paul
and 10,000 on St. George), in view of the foregoing statement of fact, I was unable to
see how any harm was being done to the regular supply of fresh blood for the breeding
rookeries, since those large reservoirs of surplus nuile life, above named, held at least
just half of the young male seal-life then belonging to the islands: these large sources
nf suj)ply were never driven from — never even visited by the sealers, and out of their
overwhelming abimdance, I thought that surely enough fresh male seal-life did annually
mature for service on the breeding rookeries.
Therefore, when summing up in my published work of 1872-74, I was positive
in declaring that although I was lirmly convinced that no increase to the then existing
number of seals on these islands would follow any ell'ort that we might make (giving my
reasons in detail for so believing), yet I was as firmly satisfied that as matters were then
conducted, nothing was being done which would injure the regular annual supply of male
life necessary for the full demand of the rookeries. I then declared "that )u-ovided
matters are conducted on the seal island in the future as they are to-day, 100,000 male
seals imder the age of C years and over 1 may be safely taken every year from
llie Prihyloff Islands wilbout the slightest injury to the regular birth rates, or natural
increase thereon, provided also that the fur-seals are not visited by any plague, or pests,
or any abnormal cause for their destruction, which might he beyond the control of
men." (" ^Monograph of the Seal Islands of Alaska," p. 62.)
I repeatedly called attention to this fact in my published Report, that all of the
killahlc seals required were easily taken in thirty working days, between the 14tli June
and the 20th July in every year, from those points above specified, and that those
reservoirs of surplus male life at S(uith-west Point, Zapodnic, English Bay, Polavina,
Tonkie !Mees, &c., were full and overtlowing, that more than enough was untouched which
sufliced to meet the demands of nature on the breeding grounds. But to make certain
[295] I
B6
thitt iny tliPHfy itrts ft i^ood one, and wnuld be coiifirmoil liy time, for I qualified my
fitliteitleilt at tlint time m a tlicory only, I made a careful and elaliniate tiiunj!,uliition of
the rtteft nnd position of the breeding grounds in l)*72-7'i on St. Paul nnd St. fleorgo
li^lands, aided nnd elaborated by my associate in IHZ'I, Tiieutenant Washburn Mayiiard,
tJiiited States' navy J this I did in order (bat any inerease or diminution following our
wo;k eonld be authoritatively stated — that a foundation of fact and not assumption
should exist for such a comparison of the past order with (bat of the present or the future.
Sixteen years Imre elapsed since that work was finished ; its accuracy as to the state-
\Mt\ta of fact then published was at that time uiH|U('stioned on these islands, nnd it, is
tO-day freely acknowledged there j but, what has been the logic of events? Why is it
that iVe And now only a scant tenth of the numbers of young male seals which I saw
there in 1872? "When did this work of decrease and destruction, so marked on the
Weeding grouiuls there, begin, and how ? This answer follows : —
" i . From bvcrdriTing without heeding its warning first begun in 1879, dropped then
until 1882, then suddenly renewed again with increased energy from year to year, until
the end Is abruptly reached, this season of 1890.
" 2. From the sh.ooting of fur-seals (chiefly females) in the ojien waters of tbe North
Pacifle Ocean ftnd Hebring's Sea begun as a business in 18S(i, and continued to dale."
Thus the seal-Hfe candle has been literally " burning nt both ends " during the Inst
five vents.
That day in 1870 when it became necessary to send n sealing gang from St. Paul
villngp over to Zapodnie to regularly drive from that hitherto untouched reserve
wfts the dny thnt dnnger first appeared in tangible form since 1870 — since 1857, for that
itlntter*
The fact then that that abundant source of supply, which hnd served so well nnd
stendily sihce 1870-81, should fail to yield its accustomed return to the drivers — hat
fhct ought to hftve aroused some eominent— ought then to have l)cen recorded by tlic
officer in charge in behalf of the (loverntnetit at the clos(! of the season's work in ]8^iL',
but it did Hot; possibly, the gravity of the chatige was not then fully appreciated by the
sealers th<5mseWes, either through ignorance or inattention.
But, when in 18.''2 it became absolutely necessary to draw from that time on until
the end of the present season, heavily and repeatedly, upon these hitherto untouched sources
of supply for the rookeries, iti order to get the customary annual (juofa — at that time
that fact, that glaring change from the prosperous and healthy [irecedent and record of
1870-81, should have been — ili was ample warning of danger ahead; it seems, however,
to hare beeti entirely ignored — to have fallen upon inattentive or incapable minds ; for
not until the lleport for 1889 from the Agent of the Ciovcrnmeiit in charge, who went np
in the spring of that year for his first season of service and experience — not until his
Report came dbwn to the 'i'reaslirj Department has there been the slightest intimation
in the annual declarations of the olfieers of the frovernment of the least diminution or
detJteaso of seal-life on tiiese islstnds since my work of 1871 was tini.shed and given to
the world.
On the contrary) strange as it may seem, all the Treasury Agents since 1879 have,
whenever the) have spoken at all, each vied with the other in their laudation of iiie
" splendid Condition of the rookeries," " fidiy up to their best standard," &c., and one
lleport in 1880 and 18S7 declares a vast increase over the large figures which I published
in 1872-7 K which is ngrtin reiterated by the same oflicer in 1888.
But how could these gentlemen reconcile their statements with that remarkable
evidonee of the decrease in supply of young Uiales from the records made nlid before
them — staring them in the face — of 1872-71 r AVhen they saw and dnily recorded the
fkot that sealing gangs were being dnily sent out from the village, miles and miles away
to hitherto undisturbed fields, for killable seals — the regular customary hauling grounds,
then at the foint of exhaustion, from which an abundant supply had been easily secured
during the hst thirty years, and grass growing all over the hauling grounds of 1871,
how, indeed, did that fact escape their attention? It did, however; it was utterly
ignored.
I can see howj in the light of the record of the work of sixteen consecutire years of
sealing, very clearly one or t*U points which were wholly invisible to my sight in 1872-f 4.
I Clin now see Ulmt that efibct of driving overland is upon the physical well-being of a
normal fur-seAl, nnd> ujlon that sightj feel warranted in taking the following ground.
The least refiecllun will declare to an observer that, while a fur-seal tnoves easier r)ii
land, find freel- thhtt attV rtv J»li. other seals, yet, nt the same time, it Is an Unusual nnd
Irthotbiis tflbrl, ipven wncn it is volnntdry i therefore, when thousands of yotiug limle
seAls ate Sudilcnly Hrousiftd to their utmost power of land locomotion, faver rough; shiirp
»
locliH, rolling clinker i^loncs, depp loose snnd, mossy tussooks, and other equally severe
inipodimciitn, tlicy in tlieir fVinflit exert tlieinselves most violently, crowd in confused
.sweltering; lienpsonc upon the otlicr, so tliiit ninny are often " smothered" to denth; and,
ill this manner of most extrnordinniy effort, to he urged along over stretclies of unbroken
miles, they are obliged to use muscles and nerves that nature never intended them to
use, and whidi are not fitted for the action.
This p'-olonged, sudden, and iinusuiil effort, uiiimfurnl and violent strain, must leave
(I lasting mark upon the piiysical condition of every si.'al thus driven, and then fiuifered to
escape iVom the cluhlied pods on the killing grounds; tliey are alternately heated to the
jioint of suffocatior., gasping, panting, allowed to cool down at intervals, then abruptly
started up on the road for a fresh renewal of tiiis healing as they lunge, shamble, and
crec]) along. When they anive on the killing grounds, after four or five hours of this
distressing effort on their part, they are tlien suddenly cooled ofl for the last time ])rior
to the final ordeal of clubbing; then when dri\ u up into the last surround or "pod," if
the seals are spared from cause of being unfit to take, too big or too little, bitten, kc,
they are jierniitted to go ofl' from tlie killing ground back to the sea, outwardly unhurt,
most of them ; Imt I am now sntisfiud that tliey sustain in a vast majority of cases
internal injuries of greater or less degree, tliiit remain to work physical disability or
('eii.li thereafter to nenily evory seal thus released, and certain destruction of its virility
and courage necessary to- a ;;t,"tion on the rookery even if it can possibly run the
gauntlet of driving throiigiiout evei'y sealing season for five or six consecutive years;
driven over and over again as it is during each one of these sealing seasons.
Therefore, it now ajijiears plain to me that those young male fur-seals which may
iiajipen to survive this teirible strain of seven years of driving overland arc rendered by
this act of driving wholly worthless fc.r breeding purposes — they never go to the iireeding
grounds and take uj) stations there, being utterly demoiali/.ed in s|)irit and in body.
With this knowledge, then, the full effect of " driving " becomes apparent, and that
result of slowly but surely robbing the rookeries of a full nnd sustained supply of fiesli
voung male blood, demanded liy Nature imjieralivcly, f(n* their supj)ort up to the
standard of full expansion (mch as I recorded in 1872-74),— that result began, it now
seems clear, to set in from the beginning, twenty years ago, under the present system.
Had, however, a check been as slowly and steadily applied to tliat " driving " as it
progressed in 187'.'-82 upon those great reserves of Zapodnie, South-west Point, and
I'olavina, then the present condition of exhaustion, complete exhaustiun of the surplus
sii])ply of young male seals, wonhl not be observed — it would not have happened.
lUit, how\.vii-, no attention was given whatever to the fact Ihat in 1882 the reserves
were suddenly, very suddmily, drawn upon, steadily and heavily for the first time, in
(irder that a jirompt filling (d' the usual annual (piota should !)C made before or by the
usual time of closing the sealing season for the year, viz., 2»ith duly ; and initil tlie Report
for 188!), above cited, of the Treasury Agent i>^ charge, came into the Treasury Depart-
ment, not a suggestion ever had been made ii ofiicial writing, from 1872-74 to that
hour, of the slightest prospect even of tin iinazing diminution of seal-life wliieli is now
so painfully apparent.
Naturally enough, being so long away from the field, on reading Mr. Charles J.
Ooll";; Jteport for the season's work of I88!l, [ at once jumped to the conclusion that the
]iela"ic sealing, the poaching <d' 188(i-88, wis the sole cause for that sluinkage which he
dcc'ared manifest on those rookeries and hauling grounds of the Pribylotf Islands— such
a gr-iiit shrinkage as to warrant him in the declaiation which he makes in that Report,
that he lielieves that not over Gtt.OOO yonng nuile seals can be secured here in ls<)(), and
if more cai: he, that they should not he taken.
Still, even then, charging it in this manner all to the iioachors was not (juite satis-
I'lictory to my mind. T could figure out from the known number of skins which these
hunters had placed on the nuuktl a stalcmeiil of the loss and damage to the rookeries
l„ j]ie fc'uales and young, born and unborn, for that is the class from which the
poacher secur-s 80 per ci'iit. of his calcli ; and I was prepared to find by these figure*
that the hreedi-.g grounds liad lest lieavily, but that did not even then satisfy me as to
his statement, wiiicli came so suddenly in l^s;), that little more than half ot Vuv:
i-stahlished annual (piota of 100,f dO liol'lenschickie suitable for killing could or would be
secured here in 18<,)0; for, great as my estimated „'. -Mikage on the Iireeding grounds
was due to the work of the poachers, yet that would not, could not, explain to my mind
the nine-fold greater shrinkage of that supply from the haiding grounds which must
exist, or else 00,000 young males might be easily taken, judging from my notes of such
work in 1872. Therefore, 1 landed here much confused in thought as to what I should
observe.
[2951
I 2
58
I l)Cgnn at once, and finislied ))y tlic 9tli June, an entire new topographicul uirvoy
and triangulation of the landed area of tlic Keven rookeries of the St. Paul's Lsland
and those of tiie St. George Island on tiie liJtli and 20th .Fuly, so as to have tliuse
charts ready for instant use when the time came in which to observe the full form and
number of the hreeding seals as they laid upon this grouiul, viz., lOlh to 20th .luly
inclusive; thereafter until the closing of the season on St. Paul, 19th July, and on
St. George up to 4lh August, 1 have liaily recordc;! Ihe lull rletails of the hauling, the
driving, and the killing of seals there, the condition of the breeding animals, their
arrival and behaviour, &c. A thousand varied 'ncidents have been faithfully observed,
as my field notes will testify, and which ajipear in all their detail in the following
Appendix to this Pcport.
The present condition of these i'ur-soal ])rcservers is nothing new to the histor} of
their case while in the hands <.f the Russians. Twice before, in the con'.paratively short
period of a century since they were lirst opened to the cupidity of man, have they been
threatened with the same ruin that threatened them to-day; in 180G and 1807 all
killing was stopped to save them, but resumed again in 1 80S — too soon; for, after
.seventeen years of continual adoption of half-way measures, the full and necessary term
of rest was given to them in 1831; the .story of this " Zapooslca " of the llussians in
1834, and the cau^ s which led them to the threatened extermination of those fur-
.seal interests on the Pribylolf Islands, is one that is now timely in its repetition, aiul
should be heeded.
AVhen these islands were first discovered, in 1780-87, an indiscriminate rush was
made to (hem by the reiiresentatives of every Russian trading oiganization then in
Alaska — by every one then able to fit out a vessel and hire a uuuiiier of men. The>c
eager, greedy parties located on and near all of the large rookeries and hauling grouiuls,
and killed as many as they could handle ; in those days all the skins were air-dried and
not salted, and that made the work of sealing then far slower and much more didicult llian
it is now, since the present .system of salting skins jiraclically oilers no delay wliatever
to the work of killing and skinning. In my mind, there is no doubt but that this inability
to cure rapidly the skins for shipment in 178(i-1805, as fast as ihey could then be killed
and skinned — not one-tenth as fast as they can be to-day, —that this delay alone saved
the Pribyloif rookeries from utter extermination in those early days, ('ertaitily it was
and must have been the cause, for at least thirteen different trading organizations had
their vessels and their men around, and on these t«o islands of St. I'aul and St. George
engaged to their utmost ability throughout full seventeen years in unbroken snccession
in taking fur seal-,skins.
Had these early Pussiaii fur hunters then jiossessed the i<nowledge and means of
curing skins in salt that we now have, together with those appliances in use to-day on
the seal islands of .Alaska, I am well satisfied in my own niiud that they would liavo
killed every fur-seal that remained to show itself in less than three years alter Ihey hegai^
operations — that they would have swept every animal from those grounds, long, long
before the old Jfussian America t'onipany assumed aiilofralic control of these interests
in 17!)!), and all Alaskans well.
]iut fortunately for us, and the world as we!', they did not know anything alioHl
curing skins in salt — they had but one metlicni. and that was to stretch out the green
skills and air-dry them upon frames in long loiv-drying houses, or in bright weather
during August, September, and October to peg tliem out. upon the grcnind.
'i'lius, this tedious process in a climate as damp, foggy, and stormy as is 'iliiil
peculiar to the seal islands of Alaska made these Slavonian sealers spend ten times as
much time in tin; act of curing their fur-seal pelts as it took llieni to drive and kill;
then, loo, in those early days they were remote from a mnrket, had no pronipl,
economical means of transportation to fiondoii, and depended wholly upon the iiliosvn-
crasies of the Chineso trade >iA Kiachta; but even with this extraordinary jiindraiice, it
seems that they took in that laborious and risky manner at least 100,000 fur seal-skins
every year.*
They took so many that by 1^03 s(!vcral hundred thousand of these air-dried pelts
had accumulated over the ability of the old Russian Company to dispose of them in time
to prevent their decay — moulding and damp, then abruptly decaying — rotting in huge
piles as tiiey were stacked up in the warehouses at Kodiak, so " it became necessary to
• " 111 till- llrst yiMiri on .Si, Pnul'i l«l.-inil from 60,0(J0 to 00,000 vicrv liikcii nniiuttlly, nnil on .St. Oinrpo
from 40,000 I" .'iO.OOO I'vrry yoar. Siicli liorrllilc killing was iicilliiT iicci'snary nor ilcmniiilcd. The iki.iji werv
fri'qui'iilly taken uitl.oiit .iny liit or ouiiiil. In 1803, 800,000 sr.il-i'kiiiii )iad ncciiiniiliitol, niiil it was iinpossiliii' to
innkc advantatroons sale of so itinny fkiiii, for in lliis great nnnihor so many wcit »poilc(l tliut it lic'caiiio in'ossiiry
to cut or throw into the sci 700,000 |nlts I" — ( l)iiliij|i Vcniaminov, " Zii(ilu»klp," Ac, 1 tHH, vol., chiiii. xii.)
• -111
liaiid^ tliril
icasi'il Ihi'l
nvifl (h'slrf
I "A
1 li.iptcr wl
59
rut or throw into tlic sea 700,000 pelts " during that year. Naturally this loss of labour,
lime, and money cooled the ardour of the sealing gangs wliich ncre working the l'ril)yIoff
Islands — tliey v.orked slower » lien they did work, and most likely never worked at all in wet
weather; obliged to bow to the caprices of the climate or lose their labour, they tverc
tiius obliged to spare the seals, and this enforced delay in 1783-1806 has saved the
I'ribyloff rookeries from that swift destruction which the keen,(iiiicii-wittcd American and
lilnglish sealers visited in ISOO-L'l) upon the groat breeding grounds of tlio fur-seal in the
Antarctic ; they, our countrymen, then used the keneh and salt ; tiiey never were
bothered with the (|uesfion of how to dispose of their skins after killing and skinning so
ns to save tlieni, and they brought their methods of 1SO()-20 — the same metiiods of
to-day — np to tlu-e seal islands of Alaska for the first time in ISGS.*
Xo one can stale, with more than mere estimation on his part, tiie full number of
fur-seals slaughtered by the Russians on the Pribyloff Islands from 178G to 1817; no
lists, no checks uhatevcr on it appear to have been made, and Ibe record certainly never
was made, since Bishop Vcniaminov, who, from 1S25 up to 183S was at the head of all
matters connected widi the Church in this Ooualashka district, Avhere the seal islands
!ielonged,and who liiul tlie respect and conlidcnce of the old I! ussian- American Company,
made a zcaion? search for such a record in ISG-l '!o among the archives of the Company
at Sitka, wlicri. nc had full access ; but tlie result of his painstaking search he sums up
in the following terse statement; " Of the nund)cr of skins taken up to 1817 I have no
knowledge to rely upon ; but from that time up to the present writing I have true and
reliable accounts," which he puts into the Apppendix of his published work.f
The Hishoi) (who is the only IJussian who has given us the faintest idea of how
matters were condytcd i i his time upon these islands) seems to have witnessed them in
a steady condition ol' decline as to yield, for in the time of his writing and up to its
(losing in 18.'57 thi' rccind was one of steady diminution until 18P,4 ; the killing seems
t') have been permiltLil \( ilh all sorts of half measures since 1817, adopted one after the
other, to no good residt whatever; fin.i'ly, however, the supply abruptly fell from an
expected 20,on0 to 12,000 only from b : islands in 1834— "all that could be got with
all possible exertion,"
Then (he Russians awoke to the fact that if they iwshed to preserve these fur-
licaring interests of the Tribylolf Islands from ruin, that they must stop killing, wholly
slop for a number of years— stop until the reneuui of the exhaustcil rookeries was
manifest, and easily recognized ; this Zapooska of 1835, which they the ordered, is the
(late of the renewed lease of life wliich these rookeries took, and whicii by 1857 had
restored them to the splendid condition in which they were when they passed into the
hands of the L'nited States; and which now, after twenty-two years of killing since 18G8
and under the recent Ke.gulations of 1870, together with the pelajii' sealing since 188(5.
we find again threatened with speedy extinction unless full measure- ore at once adopted
for their preservation and restoration on land, and in the sea dialf measures will not do
— they failed in the Russian period signally, and they will as signally fail with us if wo
yield in the slightest degree to any argument for their adoption.
It is interesting, therefore, to study the figures which Vcniaminov gives us of the
yield from these islands during that ])eriod extending down from 1*^17 I ' 1837 — study it
in connection with his statement of what those attempts wore, and iWiich were being
made, futile etlorls by the old Company to build np the business, and yet continue
scaling; imtil, finally, alter seventeen years of continual diminution and repeated
introduction of half-way methods of restoration, the end can;c abruptly, and what ought
to have been done at first was finally forced in ISIil — the absolute rest of the rookeries
in 183.1 came, and jjractically continued mitil 18 1.()-,")() ; then a gradual rise above 10,000
" hollnschickio " or young male fur-seals ))er annum began to be safely taken ; and, by
1^.")1, the exhausted and nearly ruined rookeries of St. Paul and St. (ieorge were able to
yield 35,000 prime fur-seal pelts without the slightest injury to them, and by 1857-GO they
were so numerous that the Russians ceased to regard them as objects of care, and
thereafter govcriunl their annual catch by the demand outside alone — taking as the
market called for them anywhere from 40,0t)0 to 80,000 annually.
As matters stand to-day on the seal islands the situation is very much the same as
it was in lb31. Then it was expected that 20,000 seals would be taken, but only 12,000
were .secured " with all possible exertion." This year it was expected that 00,000 fine
• 'I'lioy begnii iit onct' tint syslmi of ilisi-ipliiK"! I'xli.iiulive slaii^'lilcr wliiili lias provfil lo cffoplivf in their
httUiU tliruu);hoiit the Anl:irctiu — took tiiMrly 300,0(IU si'al-»kiii9 on these isUnils in the slinrt i|i>cu of four inunths,
I'casi'il llicn uiily t'ur wniit of tiilt ; but, hiippily, the (ioreriinient interrcncd before they could resume their work of
swift ili'struclion.
\ " /apicHkie <)b Ooiiala»liki'nikah» Olihiyl.!:" .St. IVtorshurgh, 1812; 'i vols, 80. A full translation of that
ehapter which treati uf lliii quetliun will tulluw this introduction.
60
skins would bo taken, but only 21,000 have been secured with all possible exertion,
nearly lialt' of this catch beinf;: small, or 5),-C)\ lb. skins r.iking and scraping the
rookery niar';ins without a day's iidcrmission from the opi'iung to the closing of the
season; of this work of 1890 I give you in this Ifeport the fullest detail of its
progression, day to day, tlie mcrcil'ul ending of it, ordered so happily by you.
it will be promptly observed from a study of this record of the Kussians which has
been so plainly and so iionestly given to us by Veniaminov and Shaiesnickov, that the
Eussians, during (heir control, were faced at two j)eriods with the prospect of a speedy
extermination of these fur-seal rookeries of Alaska; in li^Oi) and in 1807 they stojjped all
killing on these Islands of St. Taid and St. George, but began to kill again in 1810—
too soon. Venianiinov's record f.nd account shows that from 1817, in spite of every,
thing that they could do, save stopping short of all killing, "only made matters
worse."
Finally, in 1S34, with the second and positive threat of swift extermination again
facing them, the Ihissians reluctantly surrendered, and ordered a rest which lasted seven
years, ere anj' beginning was fairly made to kill more than a few thousand young male
seals annually. In the first year only 100 of such animals were taken, the number
being very slowly raised year after year until 1847--30.
A careful review of my investigation, therefore, warrants me in respectfully
urging—
1. That no driving and killing of fur-seals for tax and shipment on the seal islands
of Alaska be permitted by the Government for a period of at least seven years from
date ; and
2. That, the co-o))cration of Great Britain and Kiissia be secured in perfecting our
international close time, by which all Idlling of fur-seals in the open waters of ]5eliring's
Sea will be prohibited during the breeding season of these animals, and in order that the
Representatives of Great Britain and Russia may sec the truth of my statement as to
what threatens to exterminate these animals if pelagic scaling as wdl as terrestrial
sealing is not at once slopped ; that a Commission of British, Russian, Jind American
experts be invited to visit the seal islands next summer and report fairly upon the
subject.
in concluding this introduction to my work of the past season, and its result, I
desire to say that I have been exceedingly careful in gatlierin;^ my data upon which I
base all statement of fact and opinion, and to secure those data 1 have literally lived
out upon the field itself, where those facts alone can be gathered honestly, or else they
had better not be gathered at all.
! now submit, most nspectfully, my detailed Report covering the above-mentioned
heads, together with tbuM! flehl-skctcbes and maps which I deem necessary to give a
more (listiuct, clear, and full idea of my meaning and understanding of the sidjjects
treated.
Trusting that it will meet with your approval, I au^, Sn'.
Hknry ^Y. Er.LioTT.
To the above may be added, furnished by Professor Elliott, the following Table
showing numbers of fur-seals on the breeding grounds of the I'ribyloff Islaiul.s, Alaska,
during 187^-74, and again in 18'JO : —
Swili,
Seals,
Island
Kuukcrics.
Male. I'linalc,
nnil Yoiinif,
Male, I'enialo,
and Vouni;,
lH7'J-7-!.
1800.
St. I'nul
llocf ..
3U 1,000
HO,«(iO
,. . • • •
Giiibmcli . , . •
1S,1,(HI0
« 1,000
„
La^onn , . . .
;)7,ooo
0,000
ti • •
Tol^l.,i..
2;'5,O0O
02.100
•> ■ • • •
/npadiiir
'l4l,'J(IO
1VI,20A
It * * • •
Kotavif . ,
ICu.UdO
28,000
II • ( • .
Lukanttun , . • .
170,000
72.500
*i • • • •
rolaviiia . . , .
l!00,000
112,000
•i • •
North-Hast Point
1,200,000
217,875
f* • • . •
Nalispicl
H,000
l)ii(a|>i»aircd
St. Ocoif^u
/apadiiii' ,. •■
IS, noil
1 2,500
»
Stnriy Artec! • • . .
!»0,'I20
l(i,000
It
North .,
77,000
38,500
lt > • • *
Little Knsteni . ,
1. 1,000
4,800
H ■ ■ • .
Great Eastern . , • .
Qnind total • .
2,5,000
0,000
3,1B3,420
U6»,393
61
The grand total of 3,103,420 breeding seals and their ^oun-- I'oi' 1.^7-'-7-l reijresenls
a division of its sexes and a^'cs of aljout 1,000,000 breedinn' ioiiiales or ••cows,"
1,450,000 newly-born seals or "imps," and some 143,000 to l(io,OuO ablc-liodied virilo
inales' or "bulls" over (5 years of age (the proportiou of farrow or '• Ikuicu " cows too
small for notice then). ,. • , i
The grand total of 909,393 breeding seals, male and iemale, lor ls|)() is dividud
into different proportions as to ^ex and age, owing to deadly causes at v.ork »n laml and
sea since 1874. The proportion of the above total tVn- 1S',)0 is 3.30,OOiJ bearing lenuiles,
and some 230,000 not bearing, or not served last year and tliis; 3J(),()0(J pups, and
Itetween 8,000 and 9,000 old males, many of them absolutely inipolent at the beginning
of the season of 1890, most of them becoming wholly so as the sea-on advancrd.
In 1872-74 ElHott and Maynard estimated the number of surplus young males or
"killable " seals at 1,500,000 ; this year of 1890 Elliot makes a rigid calculation which
shows a sciint 100,000 males left above I year old.
s s
.- 3
BEE
[lu cont
UNITED STATES. No. 3 (1892).
FURTHER CORRESPONDENCE
RESPEOTINa THK
BEHRING SEA SEAL FISHERIES.
[lu continuation of "United States No. 2 (1891):" C. 6368; and including the Pajiers
contained in " United States Nos. 1 and 2 (1892) :" C. 6633 and 66341.]
Presented lo both Houses of Parliament by Command of Her Majesty.
April 1892.
LONDON:
PUINTED yOli IIKU MAJKSrys 8TATI0NEKY OFFICli
BY HARRISON AND SONS, 8T. MARTIN'S LANE,
raiNTIHt IN o«DmA»T to bi> iiaihtt.
.^y
AdiI ta b« pnrchiwd, eilher directly or tbrounh tnj lloolLMiler, from
KTRS *WD SPOTTISWOODE, East IIardino Strut, Flut Sthit, E.C, and
32, Abingdon SramiT, W««tminit»», S.W. j u»
JOHN MENZIES «c Co.. 12, Ha>ovi> STmtir, Euinidrsv, anb
8U, WiiT NiL> Stbhit, OLAabow; o>
HODGBS, riGGIii, i. Co., 104, Gii4rtt>K Stukt, Usilim.
T.\ H L H OF CO N 'I' K N TS.
No.
1
3
3
4
5
r>
7
8
9
10
II
Vi
13
14
13
16
17
Name.
1>.|U<.
Sir J, I'.iiincefote
Apr. 15, 1891
Mr. C. Il.iwkiin .. ,, 29,
Colonial Ollice .. | .. .May 27,
..i .. 29,
ill Sir R. .Moricr , . i Tilf)rr.i|ilii(' .liiiu' i,
7,
To Sir .1. l''iiince(blc . | Tilcpr.npliir
Sir J. I'luinct'foto , iTclffinipliic
To Sir J. I'.iuncrfole., [Tflcirr.ipliic
To M. ill! Sl,ial
Sir .1. Taiin' "fotc
To Sir K. .M.ilct
Sir H. Moricr
Sir J. l*nunc('fot»'
Telegraphic
'IVlugr.iphic ;
Telcgrapliicj
To Sir li. Morier iTulcgrnpliic
To Sir J. I'auiiecfolp iTelograpliie
Sir J, Patiiiccfole ITeli'grapliic '
2,
9.
3,
3,
4,
4,
5.
5,
6,
May 28,
18
Colonial 01)1(0
19
Sir It. .Morlor
20
To Sir J. I'auiuefuie
31
22
.'^ir .1. I'aiinci'fote
33
,t »i
24
To Sir li. .Moricr
25
To Sir J. I'aiiiiccfote
2G
Sir .1. rauiici'lolc
27
»' ti
June 8,
2S Sir II. .Murior
29
SO
31
To Sir II. Moricr ,,
Tn (Colonial Otfice .,
To Sir J. I'anncefote, .
rclc^Hapltic '
Ttlegrapliic]
T4'!ej;rapliic \
Telegraphic '
Telcgrapliici
Telegrnpliic
Telegraphic
Telegraphic
Telegraphic
Telegraphic
Telegraptiic
Telegraphic
8.
H,
8,
9,
9.
10,
10,
10,
10,
10,
10,
11.
Si n.rK'
Page
Ndle from .Mr. HIaiiie of Ihc Hlh April, with
alttTiiative <iiigge!(tioMH for Arbitration Cun-
VCIltilMl ...
Information ai* to killing (T seals, and rl<«k of
extermination of the species
Aihisci joint inijuiry into wiiole question of
fcatint: at sea and on land
Canadian ( JoMinincnt ai^ice lo inuilus vivcndi
on ecr:ain ci^ndiiiniiH
To ask Iliiss'an (io\trnn.eiit if 'licv vvutiM join
in prcpioed iik'i/iis rireiiiii
I'ropo.Hcs tciins of m(/.(/h.v ffVcwf/t
Possible ol'ji-( iion> to ''Lui^c I of above proposal
Answer to No. 1. .Actep's first five jioints pro-
posed. Allcriialivc for sisiii point and
snggisied compccHaiion '-laiisc
Asks consf nt ot Hiissia to teinporarv suspen-
sion of sealing
.Answer to Ntis. G and S. Commuiiiiation made
to United States' (jorernincnt
Is (icrnian (Juvcrnnicnt »uliieienily interested
lo (te invited (o concur in suspension of
staling f ,,
.Answer to No. 5. Itiissian (jovcrnnn-i.t have
not heard from rnited States' (iovernment
on the sul'jcct of iiiodut rirendi . .
Answer to No. 0. Altcrnalive proposals of
United States' (jovcrnment for terms of
tiiatliis viveniii , ,
Hefers to No. i2. Would be glad to know
views of .M. de (iiers
Answer to No. 13. Observations on United
States' jtroposals
Answer to above. Terni.s of modun vivend' as
finally proposed by United Stales' (iovern-
nwiil
Note from United Stales' Government asking \
for early reply to their communication of |
4lh May proposing nindii.s r rrndi, and leply '
iberclo .. ;
I'rotcBl againsi iin.dus viveiidi from liiitisb i
Columbian Ituatd of Trade, and proposed I
r< "'v . , . . . , I
Vie\ i.f M. lie (iiers on mndun vivendi
Answer lo No. Ifi. Her .Majesty's Ooviun-
mcnt will assent to modus vivendi in terms i
of fullo.\in[: No. . . . I
Terms of tmidun rirpndi . . . . . j
Draft of miiditi vivmiii delivered lo United
Slates' (iovernmeiil .. ,, .,
I{eply of United Slates' (iovernment lo above.
I'nrlhir alleralioiLS desired
Grounds in which liiissia is asked lo forbid 1
sealing this year . , . , . . j
Answer lo No. 23. Assents lo alteration of |
A nicies 2 and 3. Arrangement as lo Joint |
Commission cinnol be left in doubt
Hefers lo No. 23. Ueconuncnils acceptance of
first four Articles wiib alloialions luggcsied
Insertion made by Uniled Slates' (iovernment
in Arlii-'Ie 2 . .
Hefers to No. 24. Could llussia stop British
sealers ?
.Answer lo above in allirinalive
Answer lo No. 18. Concurs in proposed reply
to liriiish Columbian Hoard of Trade
To obtain written assurance a> to .loinl Com-
iniision before signing modus vivendi . ,
10
ID
lU
12
13
13
13
14
14
14
la
IJ
l.-i
lii
ii;
iii
iii
TABLR OF OONTKNTS.
Xo.
32
3)
34
3>
38
3U
40
41
42
49
51
5-.>
,Vt
54
5r>
5G
5H
59
CO
(>l
(i2
lit
Nninc.
Sir J. raimcefiiti'
To Sir J. I'aiinccfole
I 'oliini.il OITkv
To Sir .1. I'.iutH'i'folt*
Sir J PauiH'fioio
To Sir J. PaiMiccfolu..
Sir J. I'auiiccfole ,,
Sir U. Moricr
Sir K. Mal.t
Dal.'.
43
Sir .1. I'liiLU'tute
44
Ailiniialiy , .
4.-.
To Sir H. MoriiM
4G
Sir .1. I'.iiiiKL'liiH'
47
<'
4K
I'oloiiial Ofiito
Tol.'gr-i.liij Jmiu II, 1891
lVI,;;l;ipllic|
To Sir U. Moriir
i» »»
To (.'olonial ()ll!cc
Sir J. raunrcroto .. IVIpgrapliic |
To Sir .1. I*aum't'fot(', ,
Sir J. I'aMiKt'fdlc ,, Ti'lfgraphio
Sir K. Malel
To Sir ,1. rauiuM-fote
Adniirally .,
C'oui;cil Offico ,
Sir |{. Morirr
To Sir (i. Hadtn
P,.«i.llaii(ll)r.I)a»-
Sir .1. Paitni't'lolc .,
Iclpgrapliic
Ti'lcgraphic
rr,72l
15,
1(3,
17,
9,
3,
17,
18,
18.
19,
19,
^0,
20,
•Jl,
'•',
IS,
■I'i,
22,
24,
24,
24,
16,
10,
Si'iuKcr.
to nbr.
tJi)it(il Slates' (iovcrniiicnl
12,
..
13,
IVlppraphic
13,
I'l It'l^iapiiir
13,
IVl(';Tra|)liic
14,
Tt'Ic((ra|)hir
14,
5,
• •
:5.
..
10,
..
12,
will sign Agreprnent for Joint Coimnisiiioo
Rimtiltniieoiisly ^^ittt Arbitration A^rcfiniMit. . ;
An-^wtT to No. 17. A|i|)i(>vi!8 reply to United j
States' (lovcrnment
Tt'lffrrnm to Canailn ask'tntr views as to selection
of l*n'hrinn*H 8ea Comniissioheis .
Mav ^iyn vukIhs virendi Aj::recnipnt on iiniler-
ftnndiiu' lli'it tltere \s no delay in a|ipoiiitinpnt
of Joint ('oinniijaion . . . ,
Answer to No. ;il. Hrplv of United States'
lovernnient as to Juinl Cnnui
I'i
po-es to sign tnvtiut vivendi Agreement
Aitfltt
Modu.
to al»f
Authority to sign modus
s nt't'udi signed
Memoranda delivered to United States' Go-
vernment respecting nwdits vtretidi and
Arbitration Agreements .,
Note from United State>' (Jovernment nf the
•1th June re^peclirir vtodu.i vivendi ,, I
Coiumnnicafioii^ with M. de (Jiera respecting!
rnodtis vt'vvndi . . . . , , '
Answer to No. 11. (ierman 'Government not i
.«ullicieuilv m'
ilv
olttaining assen
rivendi Agreement
aterested to take steps tor t
iig to UKldttS '
t of Ileicii't
Procla
:i!vati<in of rresuient einliotlvin^ modus
end!
'Jt-l"grdmH sent to (
C'lrna aiMl Senii>r t
niaU
omniamler - in - cl
•Javal Ortieer at I'.
hiyf
iqui-
.-oiiver-atioM wi
tl) iiii
And)
ni-^-iuior as to '
Me
suapension of >e:il:n''
enioraiMlniii dehxered Ut United States' (u
vernti.eiU re?iM
oduy
uli
Note
(
,)f th- (iih Jn
i'y\ern'.ient re^peetin;: fwdiis vtvendi
from U.iited States'
P'"otesl'^ '.jzain^t
nuKttis i ir
endi from B<iard of '
'I'rade and rreniii r of Uritish Columbia, and
fron) I
ers of sealers, l*ri)poj-ed reply
Refers to No. 34. Wcpiv from (^anadn as tn
Urilisb Commissioners. Concur in ^election
of Sir (i. Iladen-Powell and Dr. Dawson
Sends
OS of text of
uinUus Vivendi.
ned will be !^ent for communication to
as hig
Itnssinn (ioveriiment
Mt'-
. proce
'dii
I Answer to No. 4^
I aj reported in No. 41
CoTicnrs in proposed '
epl
ly to pri)te.-(s from liritisli Cnlnmbia
i*re*;ident returns to Wash nglon on 'J3rd June,
wiien tiegolialious will be risnou-d
Approves Mem uau'lum to Unileil Slaleh" (jo-
\einnieiil inebtsed in No. AG
Snmnuirv of instructions to l/nited States'
crui/era under moffH.v viveniii
uii
■*ponde
itb United Stales' Goveri
nuMit respecting modus vtvenili .. ., ■
UefiTs tn No. 4'2. Miuhts vivendi will be pub- i
" iizette with iujunrtinn to I
lislied in (dfielal (t
German subjects to observe Kegulations
Sumniarv of instructions to Uriiisb crui/ers . ,
Cop\ (f itistrui-tifMis 111 Senior Naxal Officer
opy
'.squ
of Mebi
nail
''s Sea Onler
in Counci
Asks if Contracting Patties to modus vivendi
can seize vessels or persons other than
liiiii>h or American . ,
Apiidintment as Commissioners, and general
instiuctioU'' .. .. ,, ,,
Notes to United States' (lovernmcnt as to
(onditiou on which modus vivvndi will be
f^ijiiied
Modus vivendi Agreeineul as S'jned
a 2
jPnge
10
17
17
18
18
la
18
19
20
21
23
23
23
25
25
26
28
29
30
30
30
30
31
31
31
35
35
3C
3'i
3/
MS
39
iv
TABLK OP C0NTKNT8.
No.
65
66
Sir .1. Pminccfotp . .
67 To Sir n. .Morier
68
To Sir J. Paiincffote.
e»
Sir J. I'aunccfole
70
It It
71
To Sir .1. I'aiinrefolp.
72
»» !■
73
Sir J. I'niiiicc'role
74
Tn Sir (i. BaHeii
ro»i-llninlOi-.na«
75
■on
Sir R. Morirr
7n
Sir J. I'mmccfoti'
77
?8 I
80 T(. Sir J. Pauncefote.
i
81 Sir J. Pauncefote
82
83 Sir G. Baden-Powpll
84 To Sir J. Pauncefote
85 Sir J. I'nuncefote
86 I To Sir G. Iladen-
I rowellanil Ur. Daw-
j son
87 Colonial Office
Date.
re1e|;r»pliic
relegraptiic
Telegraphic
I
TelrgraplTlc |
Telepraphic |
I'e'eprnpliic |
.Inne 16, HOI
2f,
2G,
26.
36,
36,
S6.
27,
27,
16.
21,
23,
T*'Ie;!ra)»hic .Inly 4,
rclegra|jhic • 5,
June V6,
26,
IVlcgrapliic ! July 6,
Tilegraphic i 6,
rclegraphic
8S
To Sir I!. Moiiei'
Telrgrnpliir
89 Sir ,1. Piinncefote
90
91
.<I3
'I'o .'^ir J. I'annrefote. . relegrnpliic
To Sir H. Morier .. ,,
Co'iinial Ollifo
6,
7,
June 27,
•lulv 9,
9.
I',
Subject.
Pag-
Prnrianiation of President givin); efTert to
ninr/ui vir4ndi . . ,
Suhslnnce of note from United Slates' Gnvern-
nienl of i.lth June respecting Arbitration
.Agreement (see No. 82) . ,.
Answer* to No CI. Powers of seiinro under
vimlm rivenili Agreement ciinfiiied to suit-
jects or citizens of twr* Contracting Powers .
To obtain leave for Dritisli Commissioners to
visit Pribylolf IsUnds . .
Leave to visit Pribyloff Islands will l>e sent
to. day
Letter receivi'il giving leave to liritish Com-
missioners to visit Pribyloff Islands
Refers to No. 56. ApproTCi notes to United
States' Government ..
Copy of telegraphic inslructioni to I)ril'!>h
iTuiters (see No. 44) ..
Suggests compensation clause, and proposes to
sound United Stales' Government respecting
it ..
Informs of permission In visit Pribyloff
Islands . . , .
Questi(n) of Hussia joining in m'^tlug vivnidi
still under consideration
Copy of instructions to United Stales' naval
otIicerB . . ., . . .,
Correspondence in " Waebington Post ' and
" New York Times,*' containin<r protest of
North American Commercial Company
.igainst limitation of seal catch , .
\ Memorandum of instructions to British crnizers
' delivered to United Slates' (Jovernment .,
i United States' (lovemmcnl ore about to
appoint two Commissioners to visit IJehring's
Sea. Hug^(\sts that they should matte
observations jointly willi Hritisli Ciim-
inissioneis ., .. ., .,
.Answer to above. Ship already engaged to
convey liritish Commissioners. 'Phey will
be instructed to cooperate villi United
St.ites' Comiiiissioiiers .
Interview with .Mr. VVharion, .-ind postponement
of negotintiuus till return of President to
Washington ..
Note from United Slates' (iovertinient i,f the
*J5th June, with proposals for clauses as to
close season and compensation, and form of
.loiut Commission Agreement
Asks for permit to visit Hussian islands
Approves compensation Article suggested in
No. 73, and accepts 6th Article as proposed
by United States' Government
Asks if Joint Commission Agreement is
accepted by Her Majesty's (iovenimeiil
Copies of Nos. 79 and 80. To ro-operale as
much as possible with United Stales' Com-
missioners . •
Sends supplement to Annual Report of Cnnadiau
nepartment of Fisheries, calling attentimi to
passages respecting seal fisheries.. ..
Asks permission for liritish Commissioners tu
visit Itussian islands
Ilclers to No. !H. .Memorandum of iii'triie-
tions to Ilrili."!) naval officers acknowledged
by United Slates' (Jiiverninent
Answer to No. 85. .loinl Commission .Agree-
ment accepted by Her .Majesty's Go\crn-
mcnt .. a. .. .,
Sends copy of tnoilui linemli Agreement . . j
Telegram from Governor-General as to move- |
ments of liritish Commissioners ..
Telegram sent to Governor-General in reply to '
above .. .. ., .,
40
41
41
41
42
42
42
•)'.'
■■,1
41
44
41)
4S
4U
50
62
52
aS
ofi
SG
56
hi
101
102
ll.i
116
117
118
l!9
IVO
I'Jl
)23
i'.'S
iy3»
124
TADLB OF CONTENTS.
Pnff
Bft to
No.
I'4
'.13
f)6
Nome.
99
100
To Sir J. I'niincefotc
Sir J. raiinrf(otr
C'liloiiial (inicc
TclpKrapliic
Telrgraphie
I)(tf.
f)7 I Sir R. Miirier
To Sir J. I'niinrrfote,.
Coloninl Offiro ..
T»Ugrapliic I
101 To Sir II. Moricr ..
10.' ' I o Ci)l<iiiidl Officf .. ,,
103 Sir (i. Iliiifn-Povipll.. ..
;04 Sir U. Moriir ., IVlpgrnpluc :
lO.i To Sir II. Mcrier
!06
noliriiig'a Soa Com
iinssioiiers
107
II i<
lOS
Colonial Offin-
l( 9 llrlirinn'ii Sea C'oni-
missioniTs
1 10 I Sir J. I'auncefole
mi
113 1 To Mr. Fraser
114 ; Sir K. Morier
Telegraphic
iTclegrapliie
Hi* To Sir .1. Paunccfote , .
lie i Mr. Howcril .. Telegraphic
1 ij t To .Mr. Howard
118 I Sir .1. I'auncefole
I
1 !3 Mr. Howard
1V0 Colonial Office .,
i
121 ! Hehring'a Sea Coni-
! nii^sionera
122 i To Sir J. Pauncefote. ,
July 10, IR9I
10,
10,
7.
13,
N.
l.V
15,
!>,
I'l
17,
7.
7.
21.
9,
>«i
23,
i ■>3
rj.S'l Sir G. Baden-I'owell..
1 L'4 Sir J. I'aunccfotc
Telegraphic
Telegrai.hic
Telecraphic
Tcligraphic
24.
22.
27,
59,
31,
24,
29.
Aug
),
July
16,
Aug
12.
22,
5.
23,
SlIIUKCT.
InformH of above telenrnmn
I)ipru«sion aR tocomp4'n<ialion rl'in^e. Inquiry
of I he Proidenl, nnd proposeil ri'ply ..
Absent of Hit Majenty't (iovcrnnient lo
llii-iian propoHal* comlitional on llip aurrc-
mcnt of the United Statei ..
M. de Gieri' reply to notes transmitted in
No. 41
Copy of note to M. de Ciiera in the sen^o of
No. 88
Approvea No. 95 ..
Copy of despatch from (lovernor-ticneral of
Canada, incloaing letter from Uritiiih
^Columbia Sealeri' Amociatinn, aeiting fortii
olijectioni to the pataing of the Dehring'ii
Sea Seal Fishery Act. Proposed reply to
Governnr-Ceneral .. ,,
Aiiprovee action reported in No. 98..
Concurs in reply to Governor-General .is pro-
posed in No, 100 .. ,,
Paraphrase of telegram requesting permit to
visit Itnssian islands .. ..
Instructions will doubtless be sent to Govrrnnr
of Vladivostock to grant facilities to our
Commissioners ,. ..
Acknowledges No. 97. Her Majesty's Govern-
ment do not think that such an arrangement
as that proposed by M. dc Giers would be
desirable ., ,. .. ,,
Acknowledges No. 62 , . .. ..
Acknowledges No. 74. C^opy of letter I'roin
Treasury Department. Washington, giving
perniiasion to visit the Pribyloff Isl.inds ..
Copy of despatch from Governor-General of
I Canada reporting the publication of the
Agreement for a modus vivfnrii . .
Information required from Japanese Govern-
I menl
I Copy of note lo Mi. Wharton in sense of
No. 99
I Kefers to No. 110. Summary of note from
United Slates' Government (Inclosure in
No. 117, in/"'"-)
I Asks for information requested in No. 109 ..
I Copy of note to M. de Giers in sense of
No. 103
Approves No. 110
' Kefers lo No. 104. Kusaian Government have
given necessary permissic.n for British Coni-
■ missioners to visit the Hussinn seal fisheries.
Acknowledges No, 115. To thank linssi.-m
Government .. .. .,
Copy ol reply from United Slates' Government
: to note of 1,'th July (sent in No. 1 10)
I Refers to No. 115. Copy of note from M. de
Giers
' Copy of despatch from Governor-C^enernl of
Canada on .Mr. Hawkins' letter (No. 2
Iteport of proceedings ,.
! Refers lo No. 118. Hrr Majesty's (invirn-
' nieni lannot accept duclrine in)|:lird in modi-
fication ot the Vllth Article as proposed by
Mr. Wharton
To recapitulate grounds on which Her
Majesty'* Government cannot agree lo
modification of Article VII as ex|'lained
in above, and make new proposal ,,
Take of seals is in excess of 7,500.. ..
la writing unofficially to Acting Secrelaiy of
Stale in sense of No. 123
Page
.17
87
.•iR
58
59
GO
60
G4
C4
64
64
65
6.3
66
G8
69
69
70
70
71
71
71
71
74
■4
76
76
77
'7
77
vl
TAllI.K Of OONTKWrS.
1
No.
Nnriip.
Dull'.
SiKi.lic r.
P:i^,
18J
To Sir J. I'oiinccfiJic..
IVlegrapliic
A"K'. -26, iH91
To inronii r^titeil States' (loveriitni'iit of Sir
(J, Maden • Powell's report of i-xei'ssive
iMimber of s-nls l.iken. anil aik ilmt tlm
Aurertneiit iniiv lie »tr:(-tlv observed ,,
77
126
Sir J. Pa^Miccfolo ..
• •
20,
President does mil consider it neressury to
raise question of inutuul ludeinnitiei unless
it should nriKe
/H
197
It (1 •
■i<,
llefers to No. I'.'-l. I'rivale and i.i >lliriiil
letter to Mr. W'linrtoll silvcesliii',,' rompeiiHa-
ti'iu rlaum' . . . . . ,
79
12S
!• tt
•i»,
Inquiry from Mr Wlmrti.n wlicif reply as to
e.inipeTiiiilimi li.iitse may In- ,-xpt'rIed
HO
V2<J
HcliiiiiK's Sen Com-
iiiisHioiicra
«.
Sea'.H kdleil in e\(CM-i of ' o(|(i lunil. Itesult
of inquiries, and letter to United Stales'
Treasury Agent ., ,, ,,
SO
130
tt <i
-.
C.
Keports visit to Pribyloflf and olher Islands ..
H2
131
Sir .1. I'oiinccfotc
Telcgrapliic
Sept. 8,
Substance of private and unofticial notef. iin
Mr. Wharton respeetin;; eonipensalion
clause (seii No. 135)
8 J
13.>
Colonial OlTicp
■•
10,
Heport by .Minister of Marine an<l Fisheries
relating to sial life oii I'ribyloff Island •
t<3
133
To BrliriiiK'i Sea ("om-
iiii«»ioner«
12,
Approves proceedini;* reported in No. 130
-(fl
13-1
Sir .1. I'nuiicefo'.c
4,
Unilcil States' (ioveruineut iiiforimd t e<.
eeislve uinnber of seals killed
88
13->
>•
•■
10,
I'rivale and unotliii;il note from .Mr. V\ liartou.
I'lesideiit's lepli to propH.'ds in ^ o \i:]
h^
136
Si.- O. Bnldi-Pofttll
IVIipniiiliic
Oi-t H,
Keporls return nf (!o?iinii^^iit!l In Ivi|uiin:iU
Kl
137
Sir .) l*iiuiu-ctoic
!'i-'il'I.i|iliic
I-'i
Uuiied Stales' (iovcininenl |iri'-> lir n-ply to
li.cir m-le of 'Mid .liily IVo.r i-. ie|ilvin)r
oflieially in "i-n-e fit private li iier to Mr,
Whirloii of :Gili An:;u«t (see Vn. 127)
89
138
To Sir J Pntinprfotf
Telegrapliic
l.i.
Answer to above. To prueeed as projio.-ied
89
139
Colonial Oliii-f
10.
Conimiiniealinni with Urilisli C'olniubin
S.-alers' Aisot'iation
90
no
lU'iirlnp'^ Sra f'oni-
iii.ssiom-rs
Sept, 17,
Report visit to llnssia;i islands
91
141
M M
_
17.
Kepoil of proeeedinjis up to d.ile .,
92
H2
Sir .1. Pamicefote
Telegr.ipliiu
Oct. HI,
Refers to No«. 137 au.l 1;!,S. Alternative pro-
posals of I.'iiiud Slalei' Government n»-
pe .'ting compensation (lanse
93
143
MciiiorniHliim hv Sir;
Aug 10,
r.imiialioti of raleh of fur-seals under mndm
G. »ad.-n-l'owcll ;
mrrnili Atticeir.ent
93
144
'I"o Sir J. Pauiicpfotfi ,TpIrjrraj)hic
Oct. ■2i'>.
.Answers >o. M2. Second clause suggested
..y nulled Sia'es' (ioverninent acepli'd
.Asks if Joint Commission .\riicle may he
9-
145
Sir J. I'aiinci'foti' . . iVlegrauliic
■20,
"igi"''' •• .. .. ,.
9"
146
To Sir J Paiiiicof,jtc. . Tclograpliic
21,
Answers above. .May sijii .foii". Commission
Article
9?
147
Sir ,). Piiiiiiccfolc
12,
Reply of United Stiles' Covernmcnl resperting
exre-sive number of seals taken, and obser-
vatiiins thereon , , . . ,,
97
J48
II II • •
••
l-"),
Letter from .Mr. Wharton pressing for reply to
United St ites' (ioveriimenl'a note of the
j
23rd July (.«ee No. 137)
101
149
,1 1, . . ! Telegraphic
23,
Interchange of notes recording adoption of
seven Articles of Arbitration Agreement , .
102
150
To Mr. Howard
..
2ii
To thank Uussinn (invernment for reception
of Hi-itihli Commissioners on Uussian islands
10.'
ISI
Colonial Office
••
26,
Memorial from British Columbian Sealers'
Association . .
10'2
lS-2
Sir ,1. Paiincerote ..
19,
(.)lhcial nply sent to United Slates' Govern-
tnent in reply to their note of 23rd July . .
10.)
IS3
Colonial Office
, ,
20,
Return of liehring'a Sea Commissioners to
IM
To Beliring's Sea
Comniissionera
■ •
30,
Ottawa
Copy of reply of United Slates' Government
respecting excessive number of seals taken
(see No. 14"). Asks for observations
lOfi
10(1
135
To ;■ Ci.Hailcn- Powell
• •
30,
Acknowledges .Memorandum on limilalii)n of
seal catch (see No. 143) with thanks
Il)7
156
Sir ,). aunccfole ,,
IVlrgrapliic
31,
Proposals by .\Ir. Ulaine for ronslitulion of
Tribunal of Arliitration
107
137
Bi-liiing'it Sea Com-
14,
liipiirt of prn;-ecdings. luvestigation i jom-'
inissioupr-f
pleleil , ,
107
)3S
i» i»
.,
19,
Observations on excessive nn. ..er ot <cn\i
killed on islands , ,
10.S
TABLK OF CONTKNTS.
VU
I'l."
of Sir
Kccsmvp
liHl the
■ •
(/
Kiirv to
1 unloiia
, ,
7H
iM.llicinl
ni|M'iiaK.
Iv n« to
1
m
ll.'suU
1 Suites'
,,
S()
andii ..
B2
nti' f. im
ii'iiKalion
8-.'
Fisheries
ni''
S3
\^n ..
88
^\ liailoii.
ij:i
^■^
iii.n:>lt
Kl
'■ rrplv to
n'lilyinir
r to Mr.
l-.'7) .
8I>
posed . .
m
Columbin
'M
91
..
«2
ntive nro-
ment rc>-
, ,
93
Jer mndtts
,.
!);!
siiinfested
'lllrd
!J7
may lie
'(7
omniisMion
•J)
|-o>|iertiii^r
and ot)ser<
• •
m
or reply to
te of the
• t
101
loption of
eeinpnt , .
102
reception
i.'in islanils
10-'
\ Sealers'
•
10'2
s' Oovcrn-
d July . .
lOJ
»9ioner« to
• t •
lori
ovcrnineiit
Reals taken
tlOIIS
loi;
iiitiilion of
'
nks
1 107
titiilioii of
1
, ,
lo;
turn I vjiii-
107
r n( «eal8
No.
N.'UIie.
l'.,lr.
Sili.ii (■ 1.
I'a^'f
L.y
Ililirinir'^ Se;i (.'uni-
<»rl. Vil, l.si),
••^i-niN .Nleinorial from X'.ineouxcr Se.ilers*
itii«M eniTH
.\.«oi!iulioii, nnd r>-p1y . .
108
1 a)
Sir .1. I'iiiiiHel'oti'
••
2i,
'Si Mill 10 le< reeonlinu aiioptioii of •■eieii
Arlieli* of Arljilralioii \t;ieiMiMMit
109
;i:i
To Colonial Oilier ..
••
Nov. ?,
t'op\' of .No. I.j(i. AskH \tews as to loii.^.ilii-
lioii of .Vrhilratii'ii TiiliiiM.il
112
ICJ
To Sir .1. Paoiiei i'ole .
1',
Approves note rrspccliiiK .even Arliehs of
Arliitratioii AKi-ceinetit ( sei- No. ll.O)
iia
163
'I'o liehriiiL''H Sea
, ,
c,
Approves leply to Vanrouver Sealers' Aisocia-
Coniinis»ioiicr»
lioil (see No. 159)
tl'J
11)4
••
6.
Acknuwled^es No. l.'>7. Approves pro-
ceediiiji.H
112
IKS
.Ailiiilralty ,.
iO,
(!opy of lleporl fr-.tii Coiiiiiiaiider-iii-eiruf on
l'aci(ie 'station I'roju.'es to ap[>rove jiro
lei'diiif's of Coiiiinaiiders of '■ .Nvntplie,''
'• I'orpoise.'' and '• I'iiea' .iiit " . .
113
Ififi
Sir J. \\\i 11' (Tote
IVIeiii.iphic
i ''.
Mr. Iil;iii;e\< views a** t.i choice of .\rliitriitors
.lild place of sitrinj;
116
IIJ
To .Adliiiraity ..
, .
19.
Concurs in proposal conveyed in No. I6.i
117
!(;«
Sir .1. I'niiiiei luie
I'ilei;t.i|.liie
21.
Dntf apiioiiilcil foi- signature cf the A tl.itriit'Oii
.\i:rei nieiit .•iiol Joint Conunisition .Article.
Sii!.'i.c...trd licadinya tor 'hese Arliclts
117
,i;o
I'o Sir J. I'auiiri'fote. .
Telegr.iphic
■^2,
.Anilionly to sivn, ninkinir at tiie time two
rcRervHtiouH in ribald to Clan.se tJ
117
170
Sir J. I'auiici'fole »,
■■
13,
Co|iie.s of a nanaiive hy a correspondent of
the ''New York Herald" of his voyage to
llelirinjf's Sea. . , , , ,
117
Ui
• »> • ■
IViet'rii|ihic
•H,
Mr. Ulaiiie's ohjections to reservations in
No. iGU, and inquiry as to the cessation of
lealinir after 1st May, pending the adhesion
of tiie other I'owers
120
I"'.'
•• M ••
Telecniphie
■27,
.Mr. lilaine's repiv to reservations in No. 160
(Inclnsu'c In No. 170, iw/Wi) .. ,,
120
17.1
To Sir J. I'aiiiirefule..
reIrj.M'aiihie
•20,
llclers to No. 172. 'The tirst reservation
may he waived. .Sngge.^ts a provision to be
snbstitiiled for the second reservation
121
174
Sir .). I'muircftle
••
-3,
Copy of note to .^Ir. IJIaine in sense of
No. 1 CO
121
175
.,
Telegraphic
Dec. 3,
Snlistance of Mr. Blainc'i reply to proposal in
No. 17.'1
12j
170
liehrins's Sea Coiii-
luisnioiiers
Nov. *J5,
Observations on correspondence transmitted
in No. 154 respecting the nnmher of seals
killed on the PrihylolT Islands dnringr season
of \h'). ill exce>5'of 7,500
122
177
To Sir J. I'auncel'ole
Dee. 5,
.Approves Orms ef No. 174
124
178
Sir J. I'uimeefole
■•
Nov. 27,
Turlhc r details of interview reported in
No, 171 ....
1S4
171)
ti . t
• •
27,
.Mr. Blaine's reply to note in No. 174
125
IMI
To Sir J. I'ounei lole ,
relegrupliio
Dee. 7.
Itefers to No. 175. Her Majesty's (iovern-
nient agree to drop the second reservation .it
this stage, retaining the rigiit lo raise tlii'
point before the Aihilrators
126
lUl
Sir .1. I'aiiiieefote
••
1,
Copy ol note to Mr. lilaine in sense of
No, 173
126
I'-'J
It .1 ••
Telegraphic
10,
Snbstance of .Mr. DIaine's reply to No. 180.
.^•hall lie sign Agreement subject to rtserva-
tion Mientioiied in No. !,>•')?
127
I6;i
To Sir J. I'aiiiiei tote. ,
rcle^'rajthic
P,
.Authority to sign as suggested in No. 182
128
im
Sir J. raiincefote ..
I'lletrrapljie
U,
.^lr. lilaiiie's note objeetinj^ to any r«scrvation
128
I8J
To Sir J. I*aiincefote, ,
IVlegraphir
IC,
Did not make any reservntion. .Authority to
sign tile Agreement
128
I'-G
Sir J. Pauncefote
Telegraphic
17,
Is addressing a note to Mr. lilaine as inEliucted
in No. 1H5. . . . . . • .
129
iS7
»f »» ••
Te!ei;raphic
1«,
Ueports signature of Arbitration Agreement
ami .loint Conunissioii Article .. ..
129
IHS
»• ■») • •
••
10.
Text of notes exchanged with Mr. Blaine on
the subject of the proposed reservations to
.Article VI ..
129
18U
>» • •
, ,
10,
Kxtrac. from President's .Message to Congress. .
131
I'M)
i» »• ••
••
11.
Nou '0 .Mr. Blaine in sense of Nus. ISO and
183..
.22
i:;i
»< !1 • '
Telegraphic
ii.
.Mr, Blaine's snugestion as to the number of
Arlitrators ..
132
TABLE OP CONTENTS.
No.
Name.
Date.
SUBJKCT. I'ai!!-
102
Sir J. I'nuiicefotc
••
Dec. 15, 1891
i ■
'Text of Mr. Blaine's note of 14th December, i
and of Sir J. Pauncefote's reply .. ..13a
193
M !• ••
•'
18,
I'cut of note to Mr. Blaine of 18th December, i
Reports signature of Arbitration Agree-
ment and Joint Commission Article .. 1,14
194
»» »< ••
IH.
Text of the seven Articles of the Behring'a
Sea Arbitration Agreement, and of the .Joint
Commission Article as signed .. 1.14
198
To Sir J. Pamictfole..
Telegraphic
3J,
To make it clear that Her Majesty's Govern-
ment urge the appointment of seven
Arbitrators .. .. .. ..130
196
11 11 • •
Tclegrapliic
30,
Can any date be fixed for the meeting of the
tloint Commission ? .. .. ..136
197
Sir J. Paiiiioefole
Telegrapliic
Jan. 2, 189:1
Joint Commission can meet at the earliest date
permitted by the other public duties of the '
American Commissioners .. ..i 13B
198
11 11
. •
Dec. 23, 1891
Census bulletin relating to marine mammalia
fishing industry of United States.. .. 136
199
11 11 • •
Telegraphic
.Ian. 4, 1893
President cannot consent to meeting of the
Joint Commission until the remaining details
of the Arbitration Agreement are settled .. 137
200
11 11 f*
Telegraphic
13,
Mr. Blaine most anxious for the immediate
meeting of the .loint Commission at
Washington ,. .. .. .. l.'i?
201
11 11
Telegraphic
14,
Important that the British Commissioners
should proceed to Washington at once . . 137
202
To Sir (>. ISadrn-
Powell
••
M,
Desirable that he should proceed to Washington
as soon as possible .. .. ..137
203
To Uehrinjf's Sea Com-
missionerj
••
15.
'Transmits Queen's Commission, aud gives
instructions .. . .. 13h
204
SIrG. Baden- Powell..
Telegraphic
Feb. 1,
Arrival at Washington with Dr. Dawson ,. , JS.'i
205
Sir J. I'auncefole
Telegraphic
1,
Heports arrival of Briti«h Commissioners .. 131/
U06
11 11 *•
Jan. 29,
Copy of note to Mr. Hlaine of 2l8t January
accepting proposal as to choice of foreign
Arbitrators .. .. -.139
207
11 It ••
'Telegraphic
Feb. «.
Hail forwarded a draft Arbitration Convention
embodying Joint Commission. Mr. Blaine
pressing tor renewal ofmot/w viveniii 13'J
208
lieliriii<;'8 Sea Com-
missionerii
Telegraphic
U,
Have begun informal meetings with American
Commissioners .. .. .. 13'J
209
Colonial Office
••
10,
Suggests consulting Canadian Government as
to renewal of »no(/«» rimnrfi .. .. UU
210
Behriiig's Sea Coin-
missioncrs
••
Jan. 29,
Acknowledges No. 203. Are proceeding to '
Washington .. ., .. .. Ul)
211
11 !•
,,
Feb. J,
Report arrival at WashingtOH .. ..HO
312
Sir J. Pdunccfote
••
4,
Text of draft .Arbitration Convention proposed ,
by Mr. Blaine .. .. .,' Ml
213
fi It ••
• *
5,
Mr. Blaine pressing for another modut vwendi,
to lake effect from the expiration of the
present one .. .. .. ..Ill
214
To Hit .1. Paunccfote. ,
Telegraphic
Ifii
Draft Convention submitted to Law Uflicers. >
Entire prohibition of sealing iloes not seem
necessary .. .. ..Hi
2ia
Sir J. Pauiicefotc
Telegraphic
V,
Mr. Blaine urges consideration of m.-rfu.*
Vivendi by Joint Commissiuu. Can neces-
sary authority bj given? .. .. ij.i
316
To Sir J. I'uunnefote. .
Telegraphic
l«i
Joint Commission may consider modui vieindi,
but Her Majesty's (iovernment must reserve
right of action ,. ,. ..112
317
It 11 • •
Telegraphic
20.
Her Majesty's Government prepared to accept
draft Convention in No. 212 subject to
certain amendments .. .. .. H.!
218
Uehring's Sea Corn-
miss jnt
••
I:'.
Began formal meetings on lith February .. H:i
319
Lord Sta. ■ 7 of Pres-
lou to I., rd Knots-
ford
Telegraphic
•-•:),
Canadian (lovemment have no inl'orniation
showing necessity of modus vivfndi. If Her
.Mojesty's (iovernment have such information
Clanada would not object to zojie of '25 milet,
if acromp.Miiid by restrictions as to sealing
on laud , . . . .. .1(1
840
Si:' ' i't.ancefote
Telegraphic
25.
Ciiimunicatiiin made to Mr. Blaine in sense of
So. 214. Substance of his reply pressing
^tir modut Vivendi .. ,', .. lU
■243
244
24,i
346
TABLE OP CONTKNTi
IX
\o.
Xain '.
221
222
22a
224
22.5
226
227
228
22 a
230 1
231
232
233
23^
2r,i
286
2.17
23M
239
240
241
242
243
244
24J
246
Sir J. I'auncefote
To Sir J. Pauncefctc, , Telegripl
Date.
SUBJRCT.
|P»g*
Telegraphic
Telegraphic
Sir J. Pauncefote
Tn Sir J. I'aiincefotf.
Sir .1. I'auncefote
J-ii G. iiiiden-Powell
Sir .1. I'auncefote
T 1 Sir J. Pauncefote. . Telecrapliic
Telegraphic
Telegrapliic
reb. 26,
20.
I
Telegraphic
relegiaphic
Telegraphic
Mar. 4,
Feb. 26,
Telcgnipliicl Mar. 8,
Sir ,1 I'auncefote . ,
Telegraphic
Sir (i. Bailen-Powell. . t'elegrapiiir
Sir J. Pauncefote ..
To Sir J. I'auncefote. .
I.oril Knntsford to
Lord Stanley of
Preslon
Sir .). I'auncefote , .
To Sir J. I'auncefote
Telegraphic
Telegraphic
Telegrajihic
Telejiraphic
Telegraphic
Telegraphic
9,
9.
1.
9.
4,
IS.
18,
18,
10,
25,
26,
26,
1892
26.
27
19,
18,
29.
Mar. 1,
3,
Feb. 28
Sends verlmlim panigrapli from Mr. lilaine's j
note refcrretl to in nbovi' .. '
Opinion of Hritish Cominissiouef!* as to inodu^
vivendi. No serious risk of dejtletion this {
year, hut liiniled temporary measure recom-
mended . . . , . . .1
Her Majesty's liovernment have no infonua- j
tion to show necessity of modus vivendi two |
years running. (-ompromise suggcHted in
No. •i'.'2 may b • proposed
.Mr. Blaine learns that forty-six sealers have
cleared for Hehnng's Sea
Convention will lie signed on Monday
Notes exchnnjied with Mr. lilaine as to the
meet in;; of the J')int Coinniission
Corresponflence witii .Mr. IJIaine and the British
Coinintssioners as to power i»f Joint Coiniuis-
si'in to iliseuss the (]ue>tion of a modus
Vivendi for next season .
Arbitration Convention signed. Shall exchange
of ratifications take place in Washington or
Loiuton ?
Exchange of rati6catious can be carried out
more (juickly in London. 'To telegraph
when Convention is approved by Senate
Approves proceedings reported in his despatch
ol IHth Febnniry
Prcsnicnl has issued the Uehring's Sea Pro-
clamation in the same terms as lierelofore . , |
Have signed Joint Report to-day
Text of notes sunnnari/.ed in No. 220 .. i
Keply of United Stales Oovernineni to pro- |
posal in No. 223. I'rges necessity for j
mtidiis rivundi in order to pieserve value of!
property pending arbitration . . '
To re[)eat above to (iovt nior-General of
Canada • . . . . . . .
Convention sent to Senate vesterday ami
referred to Committee on Foreign Affairs . . :
Text of note to Mr. Blaine in sense of I
■I. 223
Fxpresses opinion that renewal of modus
vivctidi, though not necessary, would be
beneficial
Text of liebring's Sea Arbitration Convention
as signed
'To rep(?at t<» (Jovernor-(ieneral of Canada
telegram from Sir G. fJailen-Powell of Dth j
.March .. .. ..
AnsMera No. 234. Kenew.il 0^ modus rivf:ndi, I
.Viay iiive ground of complaint by Hritish 1
sealers if Arbitrators decide in their favour, i
Suggests that sealing slioiild be permitted t
to vessels giving security for any damagea
awarded by Arbitrators . .. 159
'Vti dirct port authorities on Pacitie to warn
owner'' of vessels who have cleared, or are
clearing, for Uehring's .Sea, tlial they do so
at their own riiik .. .. .,160
Note from .Mr. Wharton of sth .\larch re-
speetitiL' tnodiis vtiu-iidi. Sulislaiit-e tele-
giaplied (see .No. 234) . .. .. ItiO
(.'onuiiiiiiK-ation made to L'nitetl States' (io-
vernment in sense of No. 241. lieply
received slating that r.''tu'Wdl of VK/dux
vi'rnd' is tiio least that can lie accepted, and
liiat Hinted States' (iovprnmeni must main-
lain their rights . , , , . . Il>3
Two alteriialive proposals by Her .'tlajestv's
(iovemmeut as to the conditions on which
seahiin iniiiht be prohitiiti ti this se-isou 165
Proposed form of reference to Arbitrators of
(jue.-tion of dauisges ,. ,« ,. 165
144
144
145
14S
146
146
150
151
151
1S2
152
153
153
1.54
154
154
154
156
156
159
['-'72]
t«BL« 0>f COMTBtlTB
AIM'F.NDIX.
Nnmf.
Date.
Subject.
IVe
Colonial Ottict'
Vlar. 2, lH9i ^ Di"<paf<'h froiii CaiKidu, with Ordi'i- in (,'ouncil, '
: ' _ .1 and affiilavith from Brilisli Columbia re I
' spcctinir ppl:i(ric' nciliiiif .. I 1 1)6
,...,. ■^.i;..:;.^•i
ii'<A .n.,jj''
. .,-'■!' »!"'! .-.
•M., '•%■:;■.)':
Further CorresjjoiKlcnco respecting the Behrint^ Sea Seal
Fisheries,
[In continuation of " United Stated No. 2 (1891) :" C. 6368.]
No. 1.
Sir J. Pauncefole to the Marquis of Salishurij. — (Received April 27.)
My Lord, Washinrjtmi, April ].'), 1891.
I HAVE tlin linnoiir to trnnsniit licrewitli a copy of a note wliicli I icceived
yesterday from Mr. Klaiiic in reply to your I-ordsliip's despatch of the 21st Feliniary
last,* of which 1 loft a c.^py in his hands on the .')rd March.
In this note Mr Dlaine states that the modilications sui;i;est('d liy your Lordship
in the (|uestions for arhitration do not \\lioJly nnvt the views of the President, and he
sets out the questions in the form in which they arc now proposed by him.
For convenience of reference, I inclose a paper showing, in opposite columns, the
original six questions .suggested by Mr. Blaino in his note of the 17th December last,
and the questions, as altered and now proposed by him, on behalf of the United States'
Government. In his note transmitted herewith Mr. Blaine reverts to several points
which have been long under discussion, and adduces further arguments in support of
Ills coutontious.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 1.
Mr, Blaine to Sir J. Pauncsfote.
Sir, Department of State. Washington. April li, 1891.
THE modifications which Lord Salisbury suggests in the questions for arhitration
do not wholly meet the views of the President, but the; President changes the text
of the third and lifth in such mannei', it is hoped, as will result in an agreement
between the two Governments. "While Lord Salisbury suggests a dilTerent mode of
procedure from that embodied in the sixth (luestion. the I'resident does not under-
stand him actually to object to the (juestion, and ho therel'ore assumes that it is
agreed to.
The six questions as now proposed by the President are as foihnvs : —
1. AVhat exclusive jurisdietion in the s(M now known as thi^ nebring's Sea, and
what exclusive rights in the seal (isheries therein, did Kussia assert and exercise prior
and up to the time of the cessiim of Alaska to the United States?
2. How far were these claims of jurisdiction as to the seal fisheries recognized
and cone(Hlcd by Great Britain ?
3. Was the body of water now known as the Behring's Sea included in the phrase
"Pacific Ocean," UvS Tised in the Tr(\aty of 182.') betw('en Gnvit Britain and liussia,
and what rights, if any, in the Behring's Sea Avere held and exclusively cSd'cised by
Aussia after said Troatj ?
• '• United SMtet No, I (1891)", p. 87.
I. Bid not all tlio rights of Russia as to jiiri'idiction and as to tlio soal fisliorics in
llu' licliriui^'s 8«i cast of the watoi' houiidaiy in \\w Treaty bulwcou tlio L'nitud Status
and Itiissia of the liOtli March, 1807, pass unimpaired to the United States under that
Treaty ?
5. lias the United States any ri£;ht, and, iC so, ^\]\:\t right, ot protection or property
in tlie lur-seals fre(iuentiim: flic islands ol' the United States in JJeliring's Sea wlieu
sueli seals are found outside tlie onlinary I5-niile limit :
(i. If the determinatioTi of the f()reL;'oinsj; ([uestions shall leave ihe suhjeet in such
position that the eoncurreuee of (ireat l$i'ituin is necessary in ])re>cril)ini,' Itegnlations
for the killini* of the fur-seal in any ])nrt of tlio waters of IJelirintj's Sea, then it
shall he further determined (1) how far, if at nil, outside the ordinary territorial limits
it is necessary that the United States should exercise an exclusive jurisdiction in order
to protect the seal for the timo living upon the islands of the United States, and
feedini; therefrom r (2) whether a close season (during' which the killing of seals in
the waters of Bi'hrinii's Sea outside the ordinary territorial limits shall be prohibited)
is necessary to save the seal-fishing industry, so ^-aluahle and important to mankind,
from deterioration or destruction ; and. if so, (3) what months or parts of months
shoiiM he included in such season, and oyer what waters it should extend r
The President does not object to the additional question respecting alleged
damages to l^nu'lish ships ])roposed by Lord Salisbury, if one condition can lie added,
namely, that after the issues of the arbiti'ation are joined, if the T'nited States shall
prevail, all the seals taken by Canadian vessel>, during the period shall he ])aid for
at the <irdinary i)ric(j for which .^kins are sold. Tlii-; seems to the President to be the
coniplenieni of Lord Salisbury's projiosition, and he doubts not that it will secure his
Lordship's assent. In the iirst ])aragraph of Lord Salisbury's despatch of the 21st
February he makes the following declaration : —
" It is now quite clear that the advisers of the President do not claim Behring's
Sea as mare clausum, and, indeed, that tboy repudiate that contention in express
terms."
l^oi-d Salisbury's expression is put in such form as to imply (whether he so
intended 1 know not) that the I'nited States had hitherto been resting its contention
upon the fact that the B(du'ing's Sea was mm-r clausum. If that was his intention, it
would b.ave been well for his Lordsliip to specify wherein the United States ever made
the assertion. The emphati(,' denial in my despatch of the 171 h December last was
intended to put an end to the iteration of the charge, and to eliuiinate it from the
current discussion.
Lord Salisbury eompkiins that I did not deal Avith certain protests, written by
Lord Londonderry and th(> Duke of 'Wellington in 1822, which he had before ([uoted.
If lie will reeiir to the 2('ith and 27th jiagi's of my despatch of the 17th December, he
will observe that I siiecially dealt with these; th.'it I maintained, and, I think, proved
from the text that there m;is not a single word in those protests referring to the
Behrinir's Sea, but that they referred, in the liinguagi- of the Diikc; of W'ellinirton
of the 17lh Oeloher. 1W22, only to the lands "extending along the shores of the
Paeilie Ueean from latitude lU' to latitude (i(/ north. In the iirst parairraph of
Lord Londonderry's protest of the 18th .fanuai-y, 1S22, addressed to Count Lieven, of
llnssia, he alluded to the matters in disputeas " e.v/)er/«//)/ connected with the territorial
rlii'hts of tlie linssian Crown on the north-west eo.ast of America bordering on the
Paeitie Ocean, and the eominereo and navigation of llis Imperial ^lajcsty's subjects in
th(( s(^as adj.-icent thereto." Prum those and other ])ert incut facts it is evident that the
protesis of liord T/ondoiiderry and the Duke! of A\ellington had nothing whatever to
do Mith the [loints now in issue between the j'tmericau and British Governments con-
cerning ilie Walters ol'the Behring's Sea. They both referred in diirerenl, but substan-
tially identical ]dirasrs, to the territory south of Ihe Alask.an l'(>niiisula borderiin:
on tlie J'acili(!, and geographically shut out from ilie Behring's Sea. I regret that m\
arguments on a ])oint which Lord Salisbury coii-iders of great im|iorlanci' should have
escaped his Lordship's notice, in liOrd Salisbury's judi^nient tlu; contention id' the
United States now rests ivludlv upon the Ukas<! of 1^21 by the I'lnijieror Alexander 1
of Utissia. The United Slates li;is at no timo reste(l its arguments solely on the u'round
mentioned, and this tioverninent regrets that Lord Salisbury should have so niisapjire-
hended the American position, as to limit its baas of right in the Behring's Sea to the
Ukase of 1821. Tlio United States has, among other grounds, insisted, without
recurring to any of its inherited and superior rights in Alaska, that this Government
has as full authority for going beyond the 3-raile lino in case of proved necessity as
Great Britain possesses.
8
Two or tliron instances ol' tlio jKiwc^r wliioli Groat Britain exorcises beyond the
3-mil(' lino liavc niroiuly lioon quoted, but liavc failed thus Tar to secure comment or
explanation from Lord Salishuiy.
Another case can be added wliicii, perliaiis, is still more to the point. In 1889,
only two years asjo, the Ei'iiish Parliament enacted a Law the ell'ect of which is fully
shown by a ^lap iiudosed heic-wilh.
J'ar outside Ihi! .'i-mile line the Parliament of Great jiritain has attempted
to control a body of wator situated b(!yond the north-east(n'n section of Scotland,
2,700 s(|uare miles in extent, and to direct that certain methods of lishin;? shall not be
used within that t,neat body of viator uuih^r a pre-eribed penalty. It will be observed
that the inhibition is not alone au'ainst IJritish subjects, but against "any person."
I here (piote the pertinent section of the rarliamcntary Act in iiuestion: —
" 7. — (1.) The rishiiif,' ]?oard may, by Uye-law or Bye-laws, direct that the
methods of lishinEf known as beam trawlint,' and otter trawlintr shall not be useil within
a line drawn from JJuncansby Head, Caithness, to Ilattray i'oint, Aberdeenshire, in
■any area or areas to be delined in such Myo-law, and may from time to time make, alter,
and revoke ]?yi'.laws for the purjiosos of this section, but no such Bye-law shall he of
any validity until it has boon coniirmod by the Serrotary for (Scotland.
" (2.) Any person who uses any snch method of lishini,' in contravention of any
such iiyo-law shall hi- liable, on conviction inider the iSiimmary .Furisdiction (Scotland)
Acts, to a line not e.vceedinu' 5/. for the first olFence, and not exceedinfr 20/. for the
second or any suhsetiucnt oll'ence, and every net s(>t, or attempted to be set, in
contr.avention of any snch liye-law may be seized ami destroyed or otherwise disposed
of as in the Cth seoiion of this Act mentioned."
If Great Hritain may tJius control an area of 2,700 square miles of oc(!an on the
const of Scotland, why may not the United States ])rescribe a space around the
Pribyloir Islands in which similar prohibitions may be in forct.'? The following would
he tl:e ne{;d(>d loi,ns]ation for such a piu'posc by Congress, and it is imt a paraphrase of
the Act of Parliament : —
"The Fur Seal JJoard may, by ]?ye-law or Bye-laws, direct thai the methods of
sealing known as spearing or harjjooning, or with lire-arms, shall not bo used within
a line drawn from the shores of tlu^ Pribyloff Islands (JO miles in the Behring's Sea;
and said Board may from time to time, make, alter, and revoke Bye-laws for the
purpose of this section ; but no such By(>-law shall ho of any validity until it has been
oonlirmed by the Secretary of the Tri'asury. Second. Any ])erson who uses any such
inothod of sealing in contravention of such Bye-laws shall he liable, on conviction, to a
line not (!xeooding TOO dollars for the lirst ollence, and not exceeding 500 dollars for
the second or any subsequent olVenoc; ; and every spear, harpoon, or live-arm attempted
to b(! used in contravention of any such Byolaw may he seized and destroyed, or other-
wise disposed of, as said Fur Seal Board may direct."
It nuist not escape ol)ser\alion that the area of water outside the o-inile line on
the co.ist of Scotland, whose control is assumed by Great Britain, is as large as would
he found inside a linedi iwn from Cape Cod to Portland Harbour, ou the A'cw England
coast.
Lord Salisbury reasserts his contention that the words " Pacilic Ocean " at the
tim(> of the Treaty botAveon llussia and Groat Britain did include Behring's Sea.
IJndouhtodly the i'aeilie Ocean includes Behring's Sea in the Fame sense that the
Atlantic Ocean includes the Gulf of Mexico, an(l yet it wouhl be regarded as a very
inaccurate statement to say that the Mississippi lliver ilows into the Atlantic Ocean.
] think Lord S.'ilisbury fails to recognize the common distinction between the
•• Athmtie Ocean " and ''* th(> waters of tlie Atlantic." While the Mexi<!an Gulf is not
a part of the Atlantic Ocean, it would. [ am sure, omport w^ith gem.'ral usage to say
that it hehniu'cd to the waters of the Atlantic, and, while Behring's Sea is not
toi'linioMlly a ])ari of the PaoiHe Oeean. it uiidouhtedly bolonus to the waters of the
I'aeilie. Tlio Ihiu'lisli (.'liannel would not ordinarily be understood as included in the
term " Atlae.iie Ocean." (Jno \\m\h\ not say that Dover or Calais is on the coast of
the Atlantic Ocean, and yet clearly tlu- lhr.;'lisli Channel belongs to the watin's of the
.'itlantic. In point of fact, therefore, according to the usage of the world, there is no
dispute of any conseiiueuee between the two Governments on (he goograp'.v'al jjoint
under consideration. The historical ])oint is the oiu' at issue. The explanatory iu)te from
Uussi.i lilod in the State Dopartnu'nt of iliis e(nintry, speeially rorerrod to in .Mr. John
i^uiiu'y Adams' diary and quoted in my note of the 17lh iJeceinlier, IbUO, plainly draws
:i diHti'ncti(m l)etween the i'aeilie Oeean on the one hand, and the " Seti of Okhotsk, the
Sea of Kamsehatka, ami the lev Sea " on the other; and so long as Russia drew that
[572J ' ■» ^
distinction it must apply to and must absolutely decide all the contentions between tlie
two countries as far as the waters of t!u> J3ehrin»»'s Sea are concerned. To discuss this
point further wouhl, in the opinion of the President, contribute nothing of value to tlie
general contention.
In the opinion of the President Lord Salisl)ury is wholly and strangely in error in
making the following statement : " Nor do they [the advisers of the President] rely as a
justilication for tiic seizure of British sliips in the open sea upon the contention tliat the
interests of the seal lishories give to the United States' Government any right for that
purpose wliich, according to international law, it would not otherwise possess." The
Government of the United States has steadily held just the reverse of the jiosition
Lord Salisbury has imputed to it. It holds that the ownership of the islands upon
which the seals breed, that the habit of the seals in regularly resorting tliither and
rearing there young thereon, that their going out from the islands in searcli of food
and regularly returning thereto, and all the facts and incidents of their relation to the
islands, give to the United States a property interest thorein; that this property
interest was claimed and exercised by Russia during the whole period of its sovereignty
over the land and waters of Alaska; that England recognized this ])roperty interest
80 far as recognition is implied by abstaining from all interference with it during the
whole period of Russia's ownership of Alaska, and during the first nineteen years of
the sovereignty of the United States.
It is yet to be determined whether the lawless intrusion of Canadian vessels in
1886 and subsequent years has changed the law and equity of the case theretofore
prevailing.
I have, &c.
(Signed) J. G. BLAINE.
Inolosnre 2 in No. 1.
Sketch of North-Easlern Section of Scotland
Inclosure 3 in No. 1.
Original Six Questions suggested hy
Mr. Blaine in his Note of December 17,
1890.
Questions as altered and now proposed by
Mr, Blaine.
1. What exclusive jurisdiction in the
sea now known as the Behring's Sea, and
what exclusive rights in the seal iisheries
therein, did Russia assert and exercise;
prior and up to the time of the cession of
Alaska to the United States ?
2. How far were these claims of juris-
diction as to the seal fisheries recognized
and concedcnl by Great Britain ?
3. "\\'as the body of water now known
as the Behring's Sea included in the phrase
" Pacific Ocean," as used in the Treaty of
1825 between Great Britain and Russia ;
and what rights (if any) in the Behring's
Sea were given or conceded to Great Britain
by the said Treaty ?
i. Did not all the rights of Russia as to
jurisdiction, and as to tiic seal fisheries in
Behring's Sea east of the Mater boundary,
in the Treaty l)etween the United States
and Russia of the 30tii March, 1867, ])ass
unimpaired to the United States under that
Treaty ?
5. What are now the rights of the
United States as to the fur-seal fisheries
1. The same.
3. The same.
3. Was the body of water now known as
the Behring's Sea inelud(!d in the phrase
" Pacific Ocean," as vised in the Treaty of
1825 between threat Britain and Russia;
and what riirlits (if any) in the Behring's
Sea were held and exrlusiveUj exercised by
Russia after siiid Treaty ?
4. The same.
5. lias the United States any right, and.
if so, what right, of protection or property in
Slnithy
^
58
-J
NORTH EASTERN SECTION
1'nsri.AMj himii
Ihuuul IL
.^"T
.Stfii/Mlf^
[y^^^^\^i^\
CAN3BY I
■^ UTCK
Extract from
CHAPTER 23.
All Act to anicnj tbo Hciriiig Fioliery (Scotliiml)
Actfl ; ami for other purpoucs relating ther«to.
[26th July, 188!).]
7.— -(1.) Ttif Kislicry HnnnI miiy. Iiv liyiUv
ilireot tliiU the im'tlimls of li.sliiii^ known as !■
iiMii otter liiiwliny; dliiill nut l>o u.'^eil wiliiiii
from Diiiu'nnBliy Head, !ri CuilliiiesN, to Hall
AlMTileeie-liire, in any area or areas to bo <!'
iivulau-, and niav from time to time make, alli
byelaW8 for tlie (nir|K),ses of this Heelion, Iml
law tdiall bo of an.\ validity until it. lias been
the S«"<-relHry for S'otland.
ERN SECTION OF SCOTLAND.
TO FACt P 4-
The KiiliiM-v liimnl may. \i\ liyclaw (ir liyt'lawH
the iii('tli<Kl« of li.sliiii^ kiiiiwii an licaui trawling
tiawliiiy oliall tihI Iks uswI williiii a lino drawn
•ivriBliy lload, in L'ailhtiesH, to Kallray I'oiiit, iu
liiii', in any art'ii or amis to be ili'fiiiuil in hucU
id may from time to time make, alter, and ruvoko
,ir the purixisi'S of tliis .section, Imt no sneli bye-
lie of any validity nntU it lias been conliiniid by
ary for S'otlnnd.
(2.) Any jM-rson who uses any Hiuli melliod of li.sliinjj
in conlravention of any micli byelaw shall be linble, on
convietion nnder the Snnimaiy Jmisdietioh (Scotland)
ActH, to a fine not exceodinf,' five pounds lor llie lirst
offence, and not excei'dinp twenty pounds for the second
or any sulweqneiit offence; and every not set, or attempted
to be set. iu cmtravciition of any such Ijyol.iw may bo
seizoil and dcstroyeil or otherwise disposed of as iu the
sixth s»>ction of this Act mentioned.
Originnl Sir Qufslion.o, Str.
QuMfion,? ait nUtred, !fc.
in tho waters ol' tlic ItclirinsV Sea oiitsidi'
lit' till! ordinary tt'rritorial linn's, wliotticr
such riijlits i^row out (if the (cession liy
liussiaot' anysjH'cial riijlits or jurisdiction
liclil l)y licr in such iishorics or in the
waters of ]!chrin;;'s Soa, or ou*. of the
nwncrsliip of the hn'cdiiii,' isiaf..is and the
hahitsof the seals in resorlin'^' Ihiflier and
rea ri II u; their youn;; thereon am' ^roinu' out
from tlu; islands for food, or fut of any
(itlier f:ict or incident eoiuieetel with the
relation of those seal fisheries to i!ie terri-
torial possessions of the I'uited Stale-; ••
0, If the doterniination of the forei;oin_'
questions shall leav.' tiu' >ulijeet in sueli a
position that tlie coneurrenee of (ireat
Britain is necessary in ]irc scriliini; Ue^'u-
lations for tlie killini; of the fur-seal in any
part of the waters of Behrini,''s .Sea, then
it shall be further determined: (1) JIow
far, if at all, outside the ordinary terri-
torial limits, it is necessary that the United
States should exercise an exclusive juris-
diction in order to protect the s(!al for
tho time living upon the islands of the
United States and fecdinir tiierefrom?
(2) Whether a closed season (duriui,' which
the killin;^ of seals in the waters of
Behrinjj's Sea outside the ordinary terri-
torial limits shall he prohihited) is necessary
to save the seal-lishing industry, so valu-
able and important to mankind, from
deterioration or destruction r And, if so,
(3) AVhat months or jiarts of nionths
should be included in such seasjn, and
over what waters it should extend ?
tlir fur-seals frmuenting the iiit(tn(h nf ilic
United States liehring's Sen when surli
urah are found outside the orilinan/ H-milr
limit ?
0. Tho same.
(For Additional Article ;is to d'lmai^e.s,
see Mr, Blaine's note.)
.No. 2.
Mr. C. Hawkins to the Mavquis of Salisbury. — (Received May 1.)
My Lord, Tiie Glen, Avenue Road, Anerley, April 29, 1891.
IN consequence of ihe negotiations being carried on between the United States'
Government and our own to hriug about a satisfactory settlement of tho Behring's Sea
S(?al Fishery question, I beg to olfor you the following facts, trusting they may be useful
to you as emanating from one with a practical knowledge extending over a period of
eighteen years.
I also inclose herewith a cutting from the " Daily Chronicle " of the above date,
winch indiu'L's ine to take tliis liberty, supposing the statement therein detailed to be
correct.
Since about the year ISS.j wo have received in this country large numbers of seal-
skins known in the trade as north-"cst coast skins, the same having been taken in the
open sea, and, from apjienrances that are unmistakable to the initiated, are exclusively
the skins ot female seals pregnant ; these are all shot, and I have been informed that for
evL<ry skin recovered five or .six arc lost through sinking when struck by the shot ; this
wholesale slaughter of thr feniaics will, in a sliort time, bring about the extermination of
the seal in that district if not airo.-ted.
We, on the other hand, during my experience, have had annually large numbers of
seal-skins from Alaska, and also from the Copper Island, which are killed by being
dubbed on land, and are selected with judgment, being the skins of young male seals ;
the older fighting and breeding males are spared.
6
T feel sure tliat this which I Imvc written would he rorrohorntcd hy the principals of
the f()ll()\viii>f liriiis, if niiplii'd t(», or any (>llii'i>, willi suHicioiit iiitelli^jiMicc, who hiivo to
deiil witii the skins in tlio suited state: — .Messrs. ('. M. Liinipson iind t'o., f^neen tsireet,
City; Messrs. C. \V. .Martin and 8ons, 4, Lunibeth liill, City; .Mr. (J. Kiee, Gnul
PrcHCott Street, Wiiiteeliapel.
I bi'i^, &c.
(SisfncU) C. HAWKINS,
Indosurn in No. 2,
hhl, ltd from tin- " Dnilij Clirntiiric" of April 20, 18!)1.
Tin; BKiiiM\fi's .Ska I'lsnEniKs.
(From our Correspondent.)
New Yiirlr, Tufsdnij,
KOW that the "Sayward" cas»> is ])()sti);)nod till Octolior, much inlcrcsl uttaches to
the f|Uostii)ii as to the s(cps that will he (akeii m\\\ ri'i;inii li> the eoiuiiiic ^mliiiiv si-asoii.
The " llciald" says thiil from pre'^ent iiidicalioii;!. the seaiinj; industry will he free to nil.
In tlie summer tiic revenue steauiers uill proceed to the Mehrinji's Sea, liut with private
orders to molest no vessel sealing; beyond .'i miles from the shore. .Mr. Ulaiue and
Sir Julian i'auncefote have for a week past ht'eii in nen;()tialion in respect of n iiindns
Vivendi for the season, l)ul they have not yet arrived at any conclusion. I'rol'esfor Klliotl,
the (lovernmcnt experl, wishes for a suspension of marine sealin;; fir one or two years,
as sniriieslcd hy Lord Salishtny, hut the Treasury lias not i,'i\en its assent to this
proposal.
'fhe Treasury otficinla state that the Oovernnicnt lost ".".'i.OOO dollars in the revenue
from the islands last year, hy reducing the cntch from 100, ()()() to iiO, ()()() senls hy way of
])recautiou. There was, in addition, a loss of ST-''. 000 dollars thrDiiLtli the timidity of the
'iVeasury iVgeiit at the islamls in sloppinj; tlu' killing: of seals when only l'1.000 skins had
been taken. The lessees of the island- had expected to recoup themselves this year
for last year's losses, and they are alarmed at the prospect of suspension this year.
According to the present outlook, the total catch for the year will he little short of
•100,000 seals.
The " Roston Herald " says that the Honourable S. B. Elkins. who was Air. IJlaiue's
Mamiger in the Convention oi' 1S8S. und the nmninator of President Harrison, has,
through his intluence, stopped fhe Bcliring's Sea negotiations, which were about to
terminate successfully. Mr. I'dkins is hirgcdy interested in the Sealing Coin])any, ami
when he heard that Creat Britjiin had verbally iiromised to join the United States to put
a stop to the killing of seals for one year, he jiroceeded to Washington and induced
Vir. Blaine to ])ostpone the Agri'ement to the autumn, so that hi'-- Company could secure
the (')0,0(iO seals allowe<l by the Contract. Sir Julinn I'auucefote luis discovered the
underhand move, and, while addressing a remonstrance to Mr. Blaine, he lia.s also
hastened to put a proposal to him in writing, so that it cannot he ignored.
No. 3.
Colonial OJfice to Forclyu Ol/ice. — {Received May 27.)
Sir, Downiiiij Sheet, Maij 27. 1801.
r AM directed by Lord Knutsford to acknowledge the receipt of your letter oi" the
i'2nd instant,* i'orwiirding copy of a despatch from Her Majesty's Minister at Washington
inclosing copy ot a letter addressed by Professor h^lliot to the United .States' Secretary to
the Treasury, on the condition of neal life on the Prihyloif Islands during the summer
of 1890.
I am to observe, in reply, that this letter of Mr. Elliot's hears out in a remarkable
manner the contention of the Dominion (lovernmcnt that the jirincipal danger to tin
seal species arises not from pelagic sealing, which would appear to be comparaliveiy
harmless, but from ill-regulated killing on land.
•" United States No. 2 (1891)," Appendix, p, 5J.
In tlii'sc nirfitimstanpcs, it is lor coiisideralion wlii'tiicr llcr Nfiijosty's Ooverinnent
sl\oiilil not iii-ist thai Iho (|iu'stii.ii iif Uic i'liiiirc ic;;iiliitinii ol' sciilini; 1111 liuul, in wl'II as
iit, .sea sliould 1)1! Miliinittod In tiic iiroposcil Ailiiiialion Trilmniii.
In liny caso, Loid KnutsI'Drd is ol ii|ii!ii(iii tlial mi ('\liuii>liv(' jdint iiKjuiry siiouid l)i'
iiiiidt' iiild llic uliolc ijiicMliori, liii: ifniills nl' wliitili siuiiiid. ijo laid bctoi'i' tlie jVi'liitrat'irs
Id enable tlieni to arrive at a Hoinid deciniou,
[ am, &c.
(Si;,n)ed) JOHN UUAMSTON'.
No. 4.
Colonial Office to Foreujn OJ/ice, — {Received Miii/ 29.)
Sir, JJouwiiir/ Street, if<i;i 20, IBOl.
Wrril reference to previous covrespondonce, T am directed by Lord Knut'^tiird to
'nnstnit to you. U> b.^ laiii lKf'or<' liic Miir(|iiis of Salisbury, paraiilirase of a lcle;;iani
tVoin tlie Goveiiior-Geiicral of Canada, statin;;- lliiit tiie ('aiiHdiiin ( Jovcninient uc(iuie,see
in the propo.sed wiilitu rlremli in Bebriiij^'s iSea sulfjeet to eertaiii eoiuiitions.
I am, «ie.
(Si,c;neil) HDWAIil) WINOFfKLD.
fnclosure in Ko. 4.
Lord BtanJey of Piegton to Lord Kimtsford.
(Telc<?rapliie.) Ottairn, May 27, 1891.
WITH reference to my telegram of the IStli ]May, I forward the Minute of the
Privy Council : —
With reference to your telej,'ranis of the ITtli and 2.'iid instant, tl;e Government
of the Dominion acceile to the ])roiiositi(in of Her Majesty's (Jovernment. provided
that eoiniiensatinn be ^iveii to the seaU'is who niiiy be prevented from proseeuliii^u; their
avocation, and that tiie authorities of the I'nitiid States iceept at once the terms
sMi;);ested by Her Majesty's (Joverninent, and concurred in by the Dominion (lovern-
iiw.'nt in Aiiiiiisl last, as an essential ])art of the same Agreement.
As, however, the Canadian (lovcrnment doe.s not po.ssess the means of givin;^ the
jiroposed warning, and as the time for iloi. ;; so appears inadequate, the Dominion
Mini.■^tel■,s eaiinot uiuiertake to be ansiwerable in the event of wueh warning proving
inellcctive.
There would be ample time to give due notice to all concerned if an alternative
>uggestioii to the proposals referred to were made for a close season next year.
No. ">.
The Marqiiifi of Sfdislntrij to Sir R. Morier.
(Telegrai)liie.'; I'Driifjn Office, June ^, ISfll.
ASK the Ihissian (iovernnient whether they would be disposed to join in an
Ai;reeineiit wliii'h has been proposed by the United States' (iovernnient and accepted by
Ib'r iMajesty's Govermnent I'or a suspension until May 1S1)2 of seal lunitin;!,- in the
inlands and waters of Heliriiig's Sen.
It is believed that an engagement will i)e enteied into by both I'owers to do their
licst to prevent their respective subjects and citizens from taking part in seal hunting,
with the exception of a catch of T.oOO seals destined for (he support of the Aleuts in the
service of the North American ( 'ommercinl Company. 'I'he Agreement cannot, of course,
be signed unless Hu.ssiii is prepared to adhere to it.
No. 6.
The Marquii of Salinbury to iSir J. Pcuncefote.
(Teles;raphic.) Foreiyn Office, June 2, ISOl.
I HAVE lO instruct you to make tlie foUowinf; ]iro])osaIs ii the United States'
Government with reE^nrd to a. modus viremli in 15el>riiii;'s !^ea : —
t. The two Governments to prohibit, u]) to May 18!)2, the Itiihii;; of seals in
Uehrinjr's Sea or any of the islands thereof, and to insure, to the best of their u'ulity, tliat
this prohibition slinll not be infringed by their subjects, or bv vessels flying tbeir rci'iectivi.'
(lags.
2. During the time named the United States shall have tlie right to kill 7,50u
seals.
fi. An exequatur will be granted by the United States' Government to any Consul
who may at any time be appointed by Her Majesty's Government to the islands i
Behring's Sea.
4. The above Convention shall not come into operation unless the assent of Russia is
given to it.
No. 7.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received June 2.)
(Telegraphic.) Wnxhinr/ton, Junr 2, 1S91.
1 HAVE received your telegram of to-day. I will lose no time in acting on your
Lordship's instructions. With reference to clause 1. T bcL' to observe that tlie j)rohilii-
lion extends to the whole of Hehring's Sea, and I api*reliend oliiection on the groiiml
that the United States' Government is not empowered by Act of Congress to prohibit
sealing beyond that part of it which, they contend, is, by virtue of tlieir Treaty with
Russia, " within the dominion of the United States."
No. 8.
The Marquin of Salisbury to Sir J, Pauncefote.
(Telegraphic.)
Fureirjn Office, Juno 2, 1891.
WITH reference to your despatch of the l-'Jth April last, I have to re(|uest you
to inform the Government of the United States tiiat Her Majesty's Govermnetit arc
prepared to assent to the first five jioints which ^Mr. Hlainc >)ro))oses should bo submitted
to arbitration in bis note of the 14th April.
Her Majesty's Government are unai)le to assent to the sixth point.
'J'hey propose as an alternative tliu appointment of a Commission consisting of four
expert-s, of wiiich two should be nomiiiatod by (Jreat Britain, and two l)y the United
States, and of a t'iiairman nominated by the Arbiters.
This Coniniissioii to examine and report on the following (juestion: —
What international arrangements, if any, between Great Bil*aiii, the United States,
and Russia, or any other Power, are necessary for tlie purpose of preserving the fur-seal
race in Bebring's Sea from exli'riniiiation r
With regard to the (luestio'i of citnipensation. Her .Majesty's Government propose
the following Article : —
"If it sliall bo sliowii to the .>biiralois tiiat seal-biintcvs, subjects of either Power.
have been (laninilled in tlie nursuit of that industry by the action of tiie other Power, ;i
shall be (•()ini)etent for the .\rl>itr.itor.-i to award such compensation to the said subjects
as in their judgment shall seem eiiuitabie."
No. ..'.
The Marquis of Salisbury to M. de Staal.
M. I'Ambasaadeur, Foreiijn Offirr. June 2, 1891.
I IIAVI'] the lionrur tc inform your Excellency that Her .Nlajesty's Goveriinu" f
jjftve agreud to a propotftl wade to tbem b/ tbo Government of the Unitod Btfttes tbt
2, 1891.
ted States'
if seals in
nhilitj, tliat
r retpective
) kill 7,50u
any Cnnsul
islands i
of Russia i?
■ 2, 1891.
in:^ on your
he prohilii-
tlie i;roini(l
to proliibit
Treaty with
»2, 1891.
recjuest you
nnnient arc
submitted
ting of four
the United
nitcJ States,
the uir-seiil
lent pioposi'
ithor Power,
ler L'ower, it
iaid subjects
If 2, 1801.
Governtne' t
i StdteB ttiiu
seal hunting should be suspended in the islands and waters- of Ikhriiiji's ^^ea until May
1892. AVe believe that an enniij;enient wii! be entered iiito by both Powers to do tlieir
best to ])revent their subjoets and eitizens from takin;;- part in tiie seal hnntina', exeeption
only beintj made (or a pateh of 7,-')O0 destined for tbe siibsislenee of the natives in llie
service of the Alaska (.'onipaiiy. A proposal has been made to tl:e United States'
Government to that elleer.
Tliis Arrangement cannot be ])ut ;i! force without the adherence of the Russian
(lovernment. and the .Agreement will not be signed until this lias been obtained. Her
Majesty's Ambassador at St. Petersbiugb has been instructed by telegraph to make a
connnunication in the above sense to ]\I. de Oiers, aiul to express our earnest hope that
the Russian (Jovernment will consent to a measure winch appears to be necessary in
order to prevent tlie early extermination of the fur-seal.
I have, &c.
(Signed) SALISRURY.
No. 10.
Sir I. I'aiincefoce to the Murijuis nf Salisbury. — {Received June 3.)
(Telegraphic.) Washington, June P,. I :^'.n.
1 HAA']'] to-day ci.'nmnnicated to the Acting Secretary of State, in the forni of
Memoranda, tlie sidjstance of your liordship's telegrams of yesterday's dale, relative to
Heliring's Sea, which I received last ni"lit.
l\o, 11.
Tlif Mcinjuix nf Sdlisi'iri/ to Sir ]i. ^[(llpt.
Sir, Forciyn Office, Jiinr 3, 18ni.
HER Zvl'.\jc-sty's (iovernnunit have agreed to a pro[)osal made by tlie United States'
(iov<^rument for tiie suspension i'or one year ot .^^eal hunting in the islands and waters of
Hehri'ig's Sea; and have expresse<l their readiness to en»er into an Agreenienl whereby
tiie two Governments shall prohibit the killiiii;' of seals up i) May lb'J.2, and sliall under-
take to u.se their best endeavours to prevent the infringement of the iirohibition by their
respective subjects and citizens or by vessels Hying their respective tiags, with the
I'xeeption of a oateli of 7,oOO seals destined for tiie support of the .Vlentian islanders in
tlie service of the North .American Commercial t'nmpanv.
The Russian (ioverninent lia\e been invited to jciin in the .\rvangenient.
It has been suggested tliat it would lie desirable lo (ditain tiie coiicnrreiiee of the
• irrmaii (iovoriiineiit in the suspension of seal-taking on the ground that the (jerinan
llMg has ainieared on lisliing-vessels in tlie Jkliring's Sea. According to liie Rcpoit of
liie Canadian Minister of Marine for 188!.t, it appears that one such vessel was engaged
ill iisiiing during that year.
I should wish you to ascertain whether the interest liiken by the tJerinan Govern-
iiicnt in the seal fishery is such as to make it advisable to invite thi ir eoncurr'juce in the
suspension.
I am, &c.
(Signed) SALlSliURV.
So. 12.
Sir R, Murifr to lln- Murqiiis of Salisliury. — (Rccxiveil June 4.)
(Telegrflpliic) SI. Pctcr.\liiir<ili, .June 4, IS'.ll.
I llAVl'j this day cominiinicaleil to .M. de Giers a nol(> in the sense of your
Lordship's telegram of the 2nd instanl. I am iiii'ormed that liis i''i\cellency has not yet
ki.aid from the I'liited States' (iovernnieiil on the sulijeet.
[672J
C
1&
j^o. 13. ,
Sir L Piiiincefotf to (he Mnrqu'is of Bdlhhury. — {Received June 4.)
(Telcs;i'a])liic.) Wasliiiujlon, Jmif ^, ISCl.
Wi'l'IT rcCoroncc to your Lor(lslii])'s fclosram of llio 2ii(l instant, contuiniuf!^
the draft of ;i morlun rirrndi ill IJoliriiig's Son, I liave tiie honour to inform you tliat [
iiavu to-day roct'ivod a roiily lo your Lordship's proposal from the Acting Secretary of
State, wbiijji is to the folio\vin<^ effect : —
[See text of Jlr. AVharton's uot(! of the 4t!i June in Sir Julian rauucefotc's despiitcli ol
the 5tli June, iS'.il : inclosure in No. 40, inf'nt.j
Xo. IK
The Marquis of Salisburii to Sir R. Morier.
Foreirjn Of/icr, J.
18!!'.
(Telc.nTai)liic.)
1 H.W'l'] received your tclej^raui of ycslorday.
AVe should be ti'lad if M. de Giers would inform us of his views v.itli rcijard to tlu'
proposed Anieenient for the preserv;ition of the sculs in T{L'iirini,'''s Sea without wailirv.'
to receive a coninninication from the Govcranient of the United States on tlie snhjeci.
No. 15.
The Marquis of Salishur;/ to Sir J. Pauncefote.
(Telcsraphic.) Voreiijn Officn, June ■'>, I'^Ol,
irioi; Majesty's Government have had under their consideration tiie counter-
proposals of the President of the United States for a modus virendi in l>ehrin;f's Sea, a-
rej)orte(l in your teleijram of the 4th instant.
They a^ree to acce])t the proposal, tliat ollicers of either Govcrninoiit may seize and
hand over to their national jurisdiction otiendini;' vessels under either flaj>;.
We tlnis '^ive jjower to cruizcrs helonninij to the United States to supcrvisi- tlio
conduct of Ennlisinnen in kee]iins' the inmln:< rivmdi at sea. On tiie other iiand. wc
ouijht to receive correspondinj:;; power from the United States of supervisiufj tlic pvd-
cc('dim;s (if Americans ou the islands res()rlcd to by the seals. The e'piality of the
pniposeil .Vni'cenuMit is dependent on the li:h'lily with which the Americans observe the
condition, that not more than 7,yOO seals sliall he killed. In the opinion of J for .Maje~ly's
Government, it is indispensable that the riiriit should be reserved to them of satisfying
themselves that this condition is fully observed.
If liie United States' Govornmeui object to the np])ointment of a permanent British
Consul on llie islands, they can, mider their Statute, sjiecially autiiorize thc> presence
there diirin;,' the present lisiiinu: season of u Ilritish ai^enl,
Her l\Iajestv's Government will not insi'^i. tb.'il Russia shall be aiiarlytolhe pro])o-'ii
modus firi'iidi. lint I earnestly press upon ilie (iiilcd Slates' Government the exi,eiis)')ii
of the prohildtion to Amerirnu ships over liie vvhoh,' of ISebrinv^'s Sea; in that c•^^^'
Her Majesty's Government will similarly extend tiic ])rohibition to British ships.
If it is lawful that seals may he hunted on one side of an inuif;;inary lino in the open
ocean while it is uidawlhl on the other side, it will, in many cases, be impossible to prove
the fact of unlawful sealinir, or to infer from the |)ossession of skins or l.ickle that it his
taken i)lace.
It is, in the opinion of Ifer Majesty's G'overnmenl. of j^reat importance that .in
Aj!;reement .slunild b(> nrrived at :\h to the levins of liie arbitration iit the same time th'ii
the viodus rii-riidi is arranjjed. We should be unable to repeat the susjicnsion of seal-
fishing operotioiis for another year.
)
coiitiiiiiiiifr
in you tli;if I
Seci'ctarv of
dcspatcli
11
No. IG.
iS'/r J. rmtnccfntc In ilir }fnrriuis of Salisburij. — (Recelrpd June 0.)
(Tcli'Erraiiliic.) WaMngion, June 0, 1891.
THIS morning I dolivorcd lo tlie Actinj^ Secretary of State a Mcmoraiwlum fom-
iiainicatiiin llio coiitcnl.s ol' your Lordsliip's telenram of yesterday, and f liavi; just
rtci'ivcd a reply lo the followiu;;' effect: —
! See text of Wr. Wlmrtou's note of the <Jtli .rune in Sir Julian Pauncefote's dcspateh of
tiie 1.1th June, isOl : Inclo^uro in No. 47, infrd.']
rcijard to tlu'
thout waititiL'
the subject.
uneo, mn.
the eounter-
livii)ii;'.s Sea, as
niav sci/.e
and
) Kuporvisi' Ilk'
other hand, "o
■isins:f tlie pro-
.'quality of the
IIS ohservp tlu'
■ IfcrMajc-ty-'
m of suti.-Jl'ying
nianent Uritish
.; the prcM-ncc
Lo the propo-i-'ii
t the extension
; in that ca'^f
1 ships.
iiie in the open
)ssil)k' to provi'
eklo tiiat it luis
irtnnee that an
same time thai
tension of seal-
No. 17.
Sir J. Pfiuncpfotc to the Mitrquii of Salisbury, — {Received June 8,)
My Lord, Washimjlon, May 28, 1891.
[ II.A \'E the honour tt; inclose copy of a note which I have received from Mr. Adee,
\ 'tinj^ Secretary of State, i.'xpressini; the earnest desire of the President for an early
.1 >|)()nse to till' jiroposa! contained in Mr. Blaine's note of the 4th instant for a modus
lirnidi during the coming sealim;' seasc/ii in Pehring'.s Sea.
Mr. Adee, as your Lordship will perceive, informs me of the departure of the
I'nited States' revenue-steamer " lliush " for the sealing islands and of the approaching
sailing of the " Corwin " for the same destination.
1 have also the honour to inclose copy of the reply which I have returned to
Mr, Adee's comnuinication.
1 have, &c.
(Signed) JULIAJS PAUNCEFOTE.
Inclosure 1 in No, 17.
Mr. Adee to Sir ./. Pauncefotr.
^w, Di'partmenI nf SIntf, Wfiyninytnn, Muy 1*0, 1891.
IN my personal note of the 2()lh instant, and on several other occasions in oral
i()niininiicntion, J hiive had the hdnniir to express the desire of the President to be
informed, at the earliest possible moment, of the res))onse of Her Majesty's Government
ti> the pro])osa!, wliicli formed the subject of Mr. Plaiue's note lo yon of the Uh instant,
thit seal-tiiking on llie islands and in llic waters of HeJirinu's Sea he limited, as in said
note oxi):esse(l, as to ciii/ens of the United States and .subjects of (Jreat Britain, pending
lie arbitiatinn ol' certain ijuestions in controversy between the two Governments. .
In several interviews with yon --ince the L'Oth instant, the desire of the I'resideut for
all early respon-e to the note cif the Itli May has been reallirnied.
'I'he situation evidently calls for promjtt action. Each day's delay increases the
I \isting dill'erence in thi> ability of the respective (iovernnienls lo make the proposed
limitation of seal-taking eliective. It i.s rejtorted that a large Ueet of Canadian sealers
lias been for some weeks or months on the seas. They are daily going further out of
ivaeh. The revenue-crui/.ers have awiited definite orders. Their ])resencc is urgently
ii ((led in the Hehring's Sea. Any further delay tends to defeat the very purpose for
"Inch the Agreement is sought. It is (juite incompatible with fairness and justice lo
onr citizens that this should be permitted to continue.
Ain])le ojiporlumty has been all'orded lo Her Majesty's Oov(>riimcnt to bring this
condition to a close by an eliective Agreement; but the result is still uneerlain, and to
nil appearances remote. The President would be glad to know that it !•> near at hand
ami certain; liut he can no longer hold buck, in furtherance of a vague hope, to the
tletrimeiit of the legitimate interests of the (Sovernnient and citizens of the United
States.
I am. therefore, directed by ihe President to infoim yen that orders ha\e iieen
uiven to the revenne-steiimer " IxU'.h " lo jiidceed to the soalinu' islaiiils.
AnotlK'r revenue-steamer, the " Corwin," is at San I'Vaneisco, nearly ready to sail,
and will very shortly jiut to sea. Should an Agreement be reached before her deiiarliire,
aiipropriale orders may Ml be sent by her to the i.slauds. I mention this, in order that
[572] C 2
12
you may comprehend how fully this Government desires to effect an arrangement for
this season, anil that yoii may realize how each day's delay lessens the ahility of Her
Majesty's Government to effect ivi'ly co-operate witii rc^jard to l^riiish subjects, and tends
to destroy the practical utility of an Agreement to limit the seal catch.
I have, &c,
(Signed) ALVEV A. ADEE,
Acting Secretari/.
Inclosure 2 in No. 1,7.
F!!r J. Pntinrrfnlf to .1/r, Adee.
Sir, WaMngton, Mmj 27, 1891.
[ HAVE the honour to acknowiedi^e the receipt of your note of yesterday's date,
and to inlbrn; you that I have communicated the suhstance of its contents to the
•Marquis of Salishury hj' tolen-i.am. 1 feel assured that his Lordship will greatly regret
any inconvenience which may lie caused to your Government by the impracticability of
returning an immediate reply to the proposal contained in Mr. Blaine's note to me of
the 4th instant.
Loril Salisbury, as I had the honour to state to you verbally, is using Ihe utmost
expedition, but the lateness of the proposal and the I'onditions attached to it have given
rise to grave difliculties, us to uhicii his Lordship has necessarily been in communication
with the f^anadian Government. His reply, however, may now arrive at any moment.
I have, lS:c.
(Signed) JULLVN PAUNCEFOTE.
No. ]ft.
Colonial Office to Foreign Office.— (Received June 8.)
Sir, _ Downing Slrorf, June 8, 1891.
I AM directed hy Lord Kniitsford to transmit to you, to be laid before the Manpiis
of Salisbury, a copy of a letter from the Acting High Commissioner for Canada,
forwanlini,^ copy of a telegiani from the British Columbian Board of Trade, protestini,'
against the proposed jirohibitioii of sealing in Hehring's Sea tbis season.
Lord Knutsford proposes, with Lord Salisbury's eoiiciirrence, to inform the Actinsr
High Connnissioiier, in reply, that, as tlie total cessation of .sealing in Behriiig's Sea "ill
greatly eidiance the price of the produce of the coast tisbery, Her .Majesty's (Sovcrnmeiit
do not anticipate that British se,iler:< will sailer to any great extent by exclusion fVniii
Bchring's Sea; but that they will be prepared to consider any case in which it is cicurlv
cstablislied that loss has been suffered iiy a British subject through the enforcement of
the prohibition.
I am, &c.
(Signed) K. H. MEADE.
Inciosure in No. IS.
Mr. Cnlmrr to Colonial Of/ice.
Virtnrid Cliiinilirr.i, 17, Virlarin ^^Irprt, London.
Sir, .lune:\, \S'.n.
I .\M directed hy the High Commissioner to {piole, for the information of lb
Majesty's Government, the foHowing telegram wbien lias been received troiu Mr. Uobii
Ward, tlie President of the British (!oluiiibia Moard of Trade : —
" Ihitisli Cohnnbia Board of Trade res|)ecl fully iisUs you ])rotest istrongest potwibi
manner aiiainst pro|»oscd legislation iirohibif ing Britisb s"nlerfj Bebrin2''s Sea tins seas"'
Sealing Ib'el e<|uipped and cleared niontlis since at be, ivy outlay. Kesult pereiiipin:
proliil)ition serioim injustice and ruin to many engng'd in industry liere."
1 am, See.
(Signed^ J. G. COLMEK
IS
No. 19.
fiir J>. }ilnrier to tlip Marquis of Salisbury. — (licceiver/ June S.l
(Telcj;rai)l)ic.) St. Petershurgh, June 8, 1S91.
I HAD a lonji; conversation yesterday with M. do Giers at liis country jjlacc
in Finland, relative to the jjroposed Agreement between the Governments ot' Great
Britain and the United States for the ])rotection of seal - liuntin;;; in the islands
and waters of the l^ehrins:'s Sea. His ICxeelleney's views with repaid to the ])roposal
are entirely in accord with those of Her Majesty's Government, hut it appears that the
question is not treated of hy him, hut Ity the Minister of Domains, who has just
terminated negotiations for a contract with an influential Husso-American Seal Company.
His Excellency iid'ormed me that he would do his utmost to persuade his cnlleajfue
to agree to the projjosal, and lie expressed the hope that he would he able to give me a
final answer during the coming week.
Xo. 20.
The Marquis of Salisbury to Sir J. Pauncefofe.
(Telosrapliic.) Foreign Office, Junt 8, 1891.
HKIJ .\ra.jesty's Government have had under consideration (he counter-proposals of
the President of the I'nited States for a ;/iw/h.v r/ce;K// during the jjresent seal-fishing
season in Hehring's Sea, as reported in your telegram of the (Uii instant.
I have to inform you that they are prepared to assi nl to a draft .Agreement drawn
up in the terms which you will receive in my further telegram of to-day.
No. 21.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, June 8. 1891.
THE followinir Articles of .Agreement contain the terms to which Her .Majesty's
Government are prepared to assent for the eNtahlishnient of a modus vireiuli in
Behring's Sea.
You are authorized to submit them for iho consideration of the (iovernment of the
United States;—
" For tile purpose of nvoiding irrit;iling ditterences, and \vith a view to promote
friendly x'ttlement ol the (|Ue'<(iotis lu'iiding between the two Governments touching
their respective rights in 1?ehring's Sea, and tor preservation of seal species, the
following Agreement is made without jirejudice to the riglits or claims of either
party :- -
" 1. Her Ma-jesty's fiovernmcnt will prohibit until M.ay next seal-killing in that
part of Behring's .Sea lying casiwjud of (he line of demarcation dcscril)ed in Article I
of the Treaty of li-ii? between tiie i'liited StatoN and l{ussia, and viill ])rompfly use best
eH'orts to injure oiiservance of pr(iliil)ition by Britisii sui)jects and vessels.
'■ 2. If the United States' (Joveri.im'iii rtill prohiliil seal-killin/^- tor the same period
in the same part ol Beiiring's Sea, and on the shores and islands thereof the properly ot
the United Slates tin excess of T,-'"'* to be taken on t!ie islaiuls as food skins and not
for tax and shipment i. and will promptly use best efforts to itisure observance of prohibi-
tion by United State--' cili/.ens and vessels.
"3. Kvery oflondins;' vessel or person may be seized and detained hy the naval or
other duly commissioned otlieers of either of tlie Tligh Contracting Parlies, but they
shall be handed over as soon as practicable to the authorities of the nation to >Aiiich thev
resjieotiveiy lieloiig, who sliall alone have Jiirisdiclion to try the -frenie and impose the
penalties for the same. 'I'll..- witnesses arid the jiroofs necessary to establish the olfence
shall also be sent with them.
"4. In order to fa.'ilitate such (irojier iniiuiries as Her Majesty's Government may
desire to make, with the view to the presentation of the Case of that Government before
Arbitrators, and in expectation that an agreettieni for arbitration may be arrived nt, it
is agreed that suitr.ble persons, ilesignated by Great Britain, will be permitted «i anv
time, upon ap[)lieatioii, to visit, or to remain upon, the seal islands during the present
sealing season for thai purpose.
14
" 5. A Commission of four experts, two nominated by eaeh fl-ovcrnment, and a
Cliainnun noininntod liy Itio Arljitnilors if !ii)])(iinted, and if not by tlic (iforesiiid Coiuniis-
KJoners, sliall oxiiniinc :uid report on the folldwinLT (|iieslion : —
" Wliat international arriini;enu'nl«. if any, I)etwepn (Jreat 15rit:iin, United States,
and Russia, or any oilier Power, arc noeessary for the purpose of iireservin;;' the fur-seal
raee in t!ie Northern Pacilie froiM extermination ?
" fi. The (iovernment of the Fnited States will join with that of Her Majesty in
reciucstinp; Kussiii to forbid lier subjects from sealing; to the east of the line indicated in
Article 1 of tic present Agreement until the 1st Jlay, IC!)?."
No. 22,
Sir J. Pauncefote to the Marqui-: of Salisburij. — (Received June 8.)
(Telegraidiic.') ll'iishiiujton, June ^, ISOl.
i HAVE to-day delivered a note to the Acting Secretary of State communicating;
to him, with the request that he will submit it to his Government for their consideration,
the draft AgTeenient for a viodiis vimuli C(>ntained in your Lordship's teleii^ram of to-day.
No. 23.
/8'iV J. Pauncefole to the Murijui,^ of tialisbuni. — {Recciven June !).)
(Tele2;ra),in"c.) U'ashiiiglnn, June 9, 1S91.
'rili", draft, of a note in answer to the proposals for a mor/i/.v i-irendi contained in
your Lordship's teleifram of yesterday, wliich will be addressed to me to-morrow, has just
been shown to me.
The words in j\rticle 2 "as food skins, and not for tax and shipment," arc objected
to 1)y the J'resident. on the grounds that sucii a iirovisiou would preclude the export and
sale of the .skins for ttie purpose described in -Mr. Blaine's note of the 4th May, i.e., to
cover the cost of clothing, food, and fuel for the native inhabitants of the islands.
The President insists on the limitation of the power of seizure provided for in
Article 3 to the waters "outside the ordinary territorial limits." On this point 1 beg
to retcr your Lordslii)i to my tclc'gram of the titli instant.
He oldects to the jirovision in Article 5 for the appointment of a .loiul Commission
as ha\ing no proper place in the modus rivendi, liut he will give the suggestion " a full
consideration in connection with the ne;;i)tiatioii for arbitration.'
Aiticie (j, as to a joint note to liussia. is objoctod to on Uic ground that, westward
of the line of demarcation, the United Slate^' (iovernment has no jiower to agree to
reciprocal action if liu.>isia shouhl make it a cimdition of adhesion.
The note concludes by stating that the President is jirepared to sign at once the
first four Articles propo.sed by your Lordship, with the omission in Article 2 and the
additional clause in Article ■) specified above, if the Agreement can bo imincdiately ])iit
into force.
I fear that lack of time will ])rovent us carryinL' tin- iieuoiiation further, but I will
use my best elforts to induce the L'liited Slates' (ioverumenl to agree po.sitively, as one
of the terms of arbitration, to a provision for a .loint C'lnninission.
No. 24.
7%e Marquis of Salisburij to Sir R. Morier.
(Telegraphic.) Foreinn Office. .June 9, 1891.
IN consequence of the existing statutory limitations to the powers of the United
States" ]vxecntivc. Her Majesty's (Government jiropo.se that then' shall bo a close time in
Behring's S(!a for this season ou land and sea only, to the east oilhe line ol 1807.
They are only asking, theretore, that Hussian subjects shall be forbidden during
tins y(!ar from sealiiitr to the east of that line by s. ,5,, as Ifussia has no land to tiie east,
of it; and that we ,-,hall be ullooed to stop vessels -ailing under the lUissiaii Hag which
are ao employed. But as the United States' Governinont maintain that they have a right
>«fiJl»
15
to exrlii'.lt! all HJiips of wliatovef nation from that part of Behring's Sea, they can hardly
join ill this rtHiuost without stiiltifyin;; tlionisolvts.
A close lime to tiic oast of tiio lino in the result will also recruit the seal fishery to
fhe west of it, and Russia, therefore, will find her interest in accedinj^ to our request.
No. 25.
The Mui'quis of Siilisbunj to Sir J. Paunci/ote.
(Toie<.'rai)hic.', Forelm Office, Jimc 10, 1S91.
ISlUltUMr'8 SEA )?iOf/«s virendi. I have received your toloRram of yesterday.
W'e assent to the insertion in Article ^ of the words, " oatside ordinary tf>rritorial
limitH," and also, thoujjh ri'luctanlly, to the omission from Article 2 of the words, '-'as
food skins, and not for tax and :-liipnicnt."
^Ve cannot, however, consent to leave the .Toint Commission in doubt. It may be
recorded in (he form of a se])arate note ; but if the United States will not airree in
piiiiciplo that in(|uiry shi^ll be made by a Joint C'ommission as to what permanent
measures, if any, are necessary for tlie preservation of the seal .species, it is useless for
us to involve our people iu the inconvenience and cost which a close time for this year
woidd entail.
The iiioilus ricencti is rendered much less valuable by the reply of the President with
regard to Russia.
No. 2i].
JSiV J. Pnuncpfote to the Marquis nf Salishmj, -^{Received June 10.)
(Tele<;rai>hic.) Washington, June 10, 1891.
WITH reference to my tclorfram of last niffht, relative to Ikdirinc^'s Sea. I have
(ho honour to infm-m your Lordship that I called this mornin;;- on Mr. Wharton,
the .\clin?;- Secretary of State. ! cNplained t'lat the words, "food skins, and not for tax
antl sliipment." had been inserted iu Article -' for tiic jjurjiose, not of preventini;' tne sale
of the "."'Of* seal-skins, but of ]irohibitin;,' the j)rocess which has been described by the
United States' asents as the el ii-f cause of the depletion of male .seal life, namely,
the driving and re-driviny; for selection. I was informed that the President still objects
to (he words, but that he would ])robably .'lirrcc to the substitution of the phrase, "to
cover the cost of food, fuel, dothiti;;;;, and other necessaries for the natives," wliich I
su^sested in order that (he humanitarian object of the reservation miii^lr, appear on the
face of the do;'nment.
I presume that your T;ord>.liip will not object (o the substitution of this phrase, or
to fhe insertion in Arficle ■'< of the words, '" outside the ordinary ferritoria'. limi(s."
Slioidil your Lordship have no (d)jec(ion to these alterations, 1 venture to nrce strongly
that 1 may he at once aiithori/.ed to sijjn the .Vifreement for a inoduf: rivemli, (o consist of
the preamble and the (irst four Articles, as contained in your Lordship's telegram
of (he Stb instant, with the altcratiors _!»iveii above, and the omission, which is
agreed to by the Slate iJcpartment, of the last portion of Article 3, relating' to the
ai)plication of tines imposed by the Coiu'ts, this not being jirovided for in the Behring's
Sea Act just passed.
Mr. Wharton assiu-es me that I lie settlement of the terms of arbitration will
be greatly expedited by the immediate signalirc of the Agreement, and he expresses
the opinion that a Joint Commission nuiy l)c rendered jjraeticable this year by our
siffiiiu"' at once.
Xo. 27.
>^ir J. PauAcefotc to tlie Marquis of Salisbunj. — {Ucceired June 10.)
Crclegraphic.) IVitnliim/loii, June 10, 1891.
\VF'rn refeience to my telegrams of yesterday and to-(hi\ respectively, 1 have the
honour to inform your Lordship that 1 received the ollieial note to-day the dnvft of vdiich
was sliown me last night. It is idt;utical with the draft, except that in Article '2 the
16
words, "for the subsistence and care of the natives," have been inserted alter "in
excess of 7,oOO seals to be taken on the islands."
No. 28.
iS'iV R. Morier to the Marquis of Sulinhury. — [lieccivnd June 10.)
(Tek'!j;rnphic.) i<t. Pelcrshtinih. .lunc 10, 1H91.
WITH rci'erencc to your Lordship's telo^nnin of vostordiiv, 1 irosunu! tliiit, if we
claim rij;lit to stop ships irulcr Kussiun fiiiu' ciitciiiii;;' seals to the eii>t of the 1S(;7 line,
we are prepared to allow lUissia, under siniiln,;- ciroumstatices, to stop our oan shii)s.
No. 29.
The Marquis of Salisbury to iiir R. Morier.
(Telegraphic.) Foreiijn Office, June 10, 1891.
THE answer is " Yes " to the question asked in your telegram of to-day.
No. 30.
Foreign Office to Colonial Office.
Sir, Foieiijn Office. Junr 10, 1801.
I HAVE laid before the Marquis of Salisbury your letter of the Htii inst.^nt, inclosing
a protest from the Board of Trade of ]5ritish Columbia against the proposed prohibition
of scaling in Behring's Sea during the present season,
I am to state, in reply, that Lord Salisbury concurs in the answer which Lord
Knutsford proposes to return to this communication.
I am, See.
(Signed) i'. CUURIE.
No. 31.
The Marquis of Salisbury to Sir J. Puuncefote.
(Telegraphic.) Forei<jn Office, June 11, 1891.
BEHKING'S SEA mndus vivendi.
Before you can be authorized to sign the Acrreement, as suggested in your telegram
of yesterday, you must obtain a written Unsuranco in some I'orm from the United
ytates' Government that they will agree to the proposed reference to a Joint Commission
of Experts.
No. 32.
Sir J. Puuncefote to the Marquis of Salisbury. — (Received June 11.)
(Telegraphic.) Washinyton, June 11, 1891.
T J^OST no time in addressing a note; to the Acting Secretary of State in the sense
your Lordship's telegram ol' to-diiy relative to Behring's Sen.
'I'l,: . ..ti I : 1 .. .."...1.. :.. .i. . rn • '. a
This afternoon 1 received 'i reply in the following
"The United States' Government, recognizing
; terms : —
-..„ . ., ^..., ,^, „„..„„..(, the fact that lull and adequate
measures for the ])rotection of seal Id'e should emhrace the whole Behring's Sea and
portions of the North Pacific Ocean, will have no hesitancy in agreeing, in connection
with Her Majesty's Government, to the appointment of a Joint (,'onimission to asceuain
what permanent measures are necessary for the preservation of the seal species in the
waters referred to ; such an Agreement to be signed siinnllaneously with the Convention
for Arbitration, and to be without prejudice to llu' i|Ue»tions to be su
Arbitrators.
submitted to the
17
" A full reply to jour note of the Su\ June relating to the terms of arbitration will
iiil he lonj,^ ilt'liijod."
(Tlic note of the 3r(l June quoted above conveyed the sense of your Lordship's
(I'lc'jfrani of the 2ti(l June.)
f)n receipt of this ic[)ly, wliidi was handed to nie l)y Mr. Wharton, I expressed my
regret and disiippoiiitnicnl at tlie stipulation contained in it that the Agreement for a
Joint Comuiission should bo siijned siuiultaneously with the Convention for Arbitration,
iM the Commission's appointment niii,'lit he tlierc'by indefinitely delayed, with the result
ihat we should lose tills vein's s(;ason. He replied "that the object of" the stipulation was
lo n.nke it clear to tiie public that Ihe Joint Conmiission had not been accepted by the
i'liited States' (Jovcrunu'iit until it had been denuKoIy aifieed that the settlement of the
Icir.il rights in dispute bclueen the two nations should be referred to Arbitration. He
;issuie(i inu that tin; President was most an.xious that the appointment of the Commission
should !»■ early enough to jiei-niit it to commence its work durini; the season. In order
to secure this re>uU he would do everylhhig in his power to expedite the signature of the
Convention for Arl)itration.
1 await your Lordship's further instructions as to the steps I should now take.
No. 33.
The Marquis of Salisbury to Sir J. Paunce/otc.
Sir, Forei(jn Office, June 12, 1891.
I JIAVE received your despatch of the 28th ultimo, inclosing copies of corre-
s])ondeiice with the Acting Secretary of State respecting the proposed modus vivendi in
Hebrinu's Sea.
Your note to Mr. Adee of the 27th May is approved by Her Majesty's Government.
I am, &e.
(Signed) SALISBURY.
No. 34.
Colonial Office lo Foreign Office. — {Received June 13.)
Sir, Doivning Street, June 13, 189],
I A.M directed by Lord Knutsford to transmit to you, for the information of
the Marquis of Salisbury, a copy of a telegram which has been sent to the Governor-
(Jeneral of C'aniuhi, respecting the selection of two 15ritish experts on the Joint
Coinnussion of incpiiiy int(i the seal fishery in Bebring's Sea.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure in No. 34.
Lord Knutsford to Lord Stanley of Preston.
Crelegrnphic.) l^ownimj Street, June 12, 1891.
SHALL be glad to know views of your Ministers as to selection of two British
experts I'ji'bring's Sea Arbitration.
We tbiidv lladiMi-hiwcll, Member of Parliament, who has studied the question,
would !)f valuable, and conclude he would he acceptable to Canada. The other should
have s]iecial scientific <u- i)ractical knowledge of seals and their habits. Can your
Ministers propose wcll-(|ualified person?
[572]
1)
38
No. 36.
The Marquis of ISaHsburi/ to Sir J, Pauncefote,
(Tclegmphio.) Foreign Office, June 13, 1891.
W0/H7S VIVENDrm Boliriiij^'s Soa.
You nre iiuthoiizcil to siijii tlio .\;;rL'oinont:, recording that you do so on tlio clcir
undcr.sliiniliiig that tlierc will be no [delay in the npiJointinent of the Commission of
Experts.
AVe will send instructions to our cruizcrs as soon as we hear that you have signed.
No. 36.
Sir J. Pauncefolf to the Marquis of Salisburij. — (Received June 13.)
(Telcjrrai)liic.) Washington, June 13, 1801.
lM.Ml']I)IA'rETiY on the receipt of your Lordship's telegram of the l.'Uh instant
on the subject of the modii.i virf-7uH in Uchring's Hea, 1 addressed a note to the Actin;,'
Secretary of State, inlorniiiii;' him that 1 had received your T^ordsldp's aiitliorizatioii to
sign the niodiis rivrndi, on the clear imderstandiiig tliat tliere would be; no delay in
appointing the .loint Commission.
The following are the terms of the note which I have received, in reply, from
Mr. AVhnrtoii : —
" The President directs mo to say, in response to your note of this date, that his
assent to the proposition for a Joint Commission, as expressed in my note of the
9th .June, was given in the expectation that both Governments would use every projior
effort to adjust the remaining points of dilferciice in the general eorresj)ondenee relating
to arbitration, and to agree upon the definite terms of a submission, and of the appoint-
ment (if a .loint Commission without unnecessary delay.
" He is glad that an agreement has llnaliy b<;on reached for the pending season."
The noiO proceeds with an invitation to tall on Alomlay next, at ]i> o'clock, .at
the State Department, in order to sign the Agreement. I have received a positive
assurance at the Stale Dejiartment that the President will be prepared to proceed to
discuss the terms of arbitration immediately after the signature of the Agreement.
As this iii\)\y appears to me to be rnitisliietory, I propose to sign on ^loiiday ; but
before doing so, 1 should be glad if your liordship would send lue your final authority by
telegraph.
No. 37.
The Marquis of Snlislmry to Sir J. Pauncefote.
(Telegraphic.) Forclnii Oljlce, June 11, ISOl.
15E1I UNO'S SEAwnclusvicendl.
In rej'ly to your telegram of to-day, I have to inform you that you are authorized to
sign the A rreement.
No. 38.
Sir J, Pauncefote to the Marquis of Salisbury. — (Received June 14.)
(Telegraphic.) Washinqton, June 14, 1891.
Til]"] Acting Secretary of State and I have just signed the Agreement for a modus
vivendi in Behring's Sea.
I am now awaiting an appointment to continue the discu.ssiou of the terms ol
arbitration.
The above has been repeated to Lord Stanley.
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No. 39.
Sir J. Pauncefote to the Marquis of Salisbury. — {Rrraiveil Juna 15.)
My Ijord, ly'inhiiif/lnn, Jiini- 5, If^Ol.
Wrril referonrc <<) iny lelcsfram of tlio Snl instiint, I linve tlie lioiiour t(i inclose
copies of tlu! Menioniiula liascd on yotir Lorilship's telcR'iain.s of the -'nd instant, on
llie subject of the tnudiiH rivndi in Hclninn's Sen, and of tiie terms of arbilnition
rospcctivciy, wliicli I left yesterday inorniny; witli tlie Under-Secretary of State.
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. '-'A),
Memorandum.
Proposal of Her Mnjesti/'s Government for a modus vivendi in the Behring's Sea during the
presmf Fishery Season,
TllH Oovernmonts of Great Britain and of the United States shall prohibit, until
.May 1892, the killinj; of seals in ikliring's Soa or any islands thereof, and will, to the
best of t/H'ir power and ability, insure that the subjects and citizens of the two nations
respectively, and the vessels Hying (heir rcsi)ectivc Hags, shall observe that prohibition.
L'. During tlie period nbovo specified tlio United States' Government shall have the
right to kill 7,.'"'00 seals.
3. C'oiisuls may, at any time, be appointed to the islands in the Behring's Sea, and
the Unite<l States' Government will grant an exequatur to any such Consul.
4. Unless the assent of Russia bo obtained to this Convention it shall not come into
operation.
(Signed) JULIAN PAUNCEFOTE. ■
Wanhington, June 3, 1891.
Inclosurc 2 in No. IM).
Meincriindum.
THE Undersigned has been instructed by the Marquis of Salisbury to inform
the United States' Government that Her .Majesty's Government are prepared to assent
to the tirst live ([uestions proposed to be submitted to arbitration in the note of the
Honourable .lames (!. Blaine to the Undersigned, dated the Mtli April last.
Her Miijesty's (Jovernmeni cannot give their assent to the sixth (juestion formulated
in that not(;. In lieu thereof they projiose the appointment of a Commission to ccmsist
of four experts, of whom two shall be nominated by each Government, and a Chairman,
who shall i)e nominated by the Arbitrators. The Commissiou shall examine and report
on the (piestion which follows : —
" I'or the purjiose of preserving tlie fur-seal race in Behring's Sea from extermination,
what international arrangements, if any, are necessary between Great Britain and the
United Stales and lins^ia or any other Power V"
As regards the question of compensation Her Majesty's Governnicnt propose
(he follo\i ing .-Vrticle : —
" 1( shall he compe(eiit to the Arbitrators to award such compensation as in their
judgment shall be eipiilalile to the subjects and citizens of either Power who shall be
shown to have been daumilied in the pursuit of the industry of sealing by the action of
the other Power."
(Signed) JULIAN PAUNCEFOTE.
IVashinglon, June 3, 1891.
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So. 40.
Sir J, Paunrrfote to llie yfarquis of Sallsburi/.* — (Jierrivfil June 1 :'>. )
My Lord, WusliiiKjlnn, June 5, ISftl,
WITH reference to my felcffrnm of the 4tli instnnt, I Jiavu tlu- honour tn
inclose a copy of a note wliicli I received ycsteniiiy from (lie IFunonralyli- Willinin
Wharton, the Actinp; Secretary of State, in reply to the (•oiiiit('r-i)roi)os!il-i of Her
Majesty's Government for a modus lirendt in I5elu-in;;'s Sen, coniiniiiiiciitoil by mo to I he
United States' Government in accordance with the instructions contained in your Lord-
ship's telegram of the 2nd instant.
I have, &c.
(Signed) JULIAX PAUNCEFOTi:
Inclosure in No. 40.
Mr, Wharton to Sir J. Paunccfote.
Sir. Department of State, fVasliinr/ton, June i, 19.^1.
I AM directed by the President to say, in reply to your note of the '^r^\ inslaril,
conveying to the (Jovernment of the United States the response of Her Majesty'',
Government to the proposal of Mr. Blaine for a modus livrndi, relatini; to tlie s"iii
iiBhcrics in Rehring's Sea dnring the present, season : —
First. In place of the first and second suh-divisions of the Agreement as siil)niitti.'il
by you, the President suggests the following; —
1. The Government of (ireat Britnin shall prohibit until May 1>*9'2 the killinif of
seals in all that part of Behring's Sea lying east, eastwardlv or south-easlwardly of the
line described in Article I of the Convention between the United States and Russia of
date the 30th March. 11*07, and will i)roniptly take such stejis as are best calculated
effectively to insure the observance of this prohibition by the subjects and citizens ol
Great Britain and all vessels flying its flag.
2. The Government of the United States shall prohii)it, until May 18112, the killinj
of seals in that part of Belirins's Sea above described, and on the shores and islands
thereof, the jiroperty of tiic United States (in e.Ncess of 7,'"''>0 to be taken on the
islands); and the Government of the I'nited States will ])r()m)itiy take such steps as are
best calculated effectually to insure tlic observance of this jirohibition by the citizens of
the United States and the vessels flying its flag.
These changes arc suggested in order that the mndu.i rirfmli may clearly have the
same territorial extent with ihe pending proposals for arbitration ; that the sti]inlation tor
a prohibition of seal-killing upon the islands of the United States may rest ujjon its own
ord^r, and that the obligation of the res])ective Governments to give i)rompt and vigorous
effect to the Agreement may be more dearly apparent.
Secondly. The pertinency of the suggestion contained in the third sub-division of
Lord Salisbury's pro|)osftl is not apparent to the President. The Statutes of the Unilrd
States explicitly prohibit the landing of any vessels at the seal inlands, and the residence
thereon of any person, unlcbs specifically authorized by the Secretary of the 'i'reasnry.
It is, therefore, obvious that no Consular functions could be discharged tipon the i-lands
by any Bepresentative of Her Majesty's Government. Tiic President regards this Jiaw,
as declaring an exception as to the residence of Consuls, within the meaning of Article IV
of the Convention of Commerce and Navigation of the 22nd December, 1815, between
Her Majesty's Government and the United States. If the proposal is intended to relate
to the Islands of St. Paul and St. George, and has for its object access for such Ai;enls
of the Government of Her Majesty as may be ajjpointed to investiy;ate facts that may
be involved in the pending proposals for arbitration, or in the hearing before the Arbi-
trators, I am directed by the President to say that, in the event of an agreement for
arbitration of the questions in dispute between Great Britnin and the United States, bi^
would be willing' to extend reasonable facilities to Great Britain for the investigation ai
the islands of any facts involved in the controversy.
Thirdly. The fourth clause of the proposal of Her Majesty's Government, limilin-
the taking effect of the modus vivendi upon the assent of Russia, presents what seems tn
* SubiUooc laltgriphed and received JuLe 4.
21
the President nn insiiporalilo difTicuWy, as nn adhcrpiice to that suggcstioii hj Her
Majestv's (iovoriiment will, in iiis o|)ini()n, prevont (lie com-Iiisioii of any A;.'recment, and
will inovilnI>ly raiiso siicli a delay as to thwart the puriioscs whioii he niu-it suppose hoth
Oovernnionts have liad in view. Ho is siiriirised that this rosidt did not siijrKc>.t itself to
Lord Sa'ishury, and docs tiol dotdjt that it will ho iip])aront to him on a rc-examinatiou.
I am also dircctod to remind you that the contention hetween the United States and
Great Britain has hoen limited to that part of hehrin^j's Sea eastward of the line of
deiufirkalion desorihed in oiu' Convention with IJiissia, to »hich reference Ijas already
hcon made, and that JUissia has never asserted any riL^hts in tliese waters affecting the
suhjcc'-mattcr of this contention, and cannot, therefore, he a necessary party to these
ne;;o(iations, if they are not now improperly expanded. Tnder the Statutes of the
United States, the President is authoiized to prohihit sealiiij^ in the IJehrinj^'s Sea within
the limits deserihod in our Convention with Kussia, and to restrict the killini; of seals on
the islands of the I'r-ited States; hut no authority is conferred upon him to prohibit or
make ])enal the taking of seals in the waters uf Behring's Sea westward of the line
referred to or upon any of the shores or islands thereof. It was never supposed by any
one representing the (lovornment of the United States in this correspondence or by the
President, that an agreement for a modus rlrciidi could he broader than the subject of
contention slated in the corrcs])ondcnce of the re-pcctive (iovernments.
Negotiations for an arbitration have been ])roceeding between the United States
and Great Uritain, and if these P'wers are com])etent to settle by this friendly method
their respective ri<rht< and relati. is in the (lispute<l waters n])on a permanent basis, it
would seem to follow that no ((uestion could arise as to their competency to deal directly
with the .subject for a single season. If Great Uritain now insists upon impossible con-
ditions, viz., that the conclusion of the modus vimndi is to be delayed until, and made
contingent upon the assent of Russia to stojt the killing of seals on its own islands and
in its own waters, and uimn the exercise by tlu' President of powers not conferred by
law, this v.ould be, in his opinion, a ])ractical withdrawal by (ireat Britain from the
negotiations for a modus lirc.i'li This he would very much regret, and he confidently
hopes that a reconsideration will enable Lord Salisbury to waive the suggestion of
Russia's participation in the Agreement, and tlie inclusion of other waters than those to
which the contention between the I'nited States and (Jreat Britain relates.
In case the terms of the vuidiis riiciuli are iiirreed upon, the President suggests that
a jirovision heretofore considered in another coimection in the general corropondence,
by which the naval or other duly commissioned ollicers of either party may arrest any
oilending vessel and turn it over at the nearest jiort of the nation whose flag it carries,
for such judicial priiceediiigs as the law ])rovides. slioidd he iiicorporatcd here, the more
effectually to carry out the stipulations of the respective (lovernments to prohibit thei'
citi/.en'- and vessels from taking seals in the sjiecilied waters of Hehring's Sea.
Having, with a view to an exigency which he has several times caused to be
exjilained to you, promptly responded to the >Ui,'gestions of your note of yesterday, the
President directs me U* sav that he will be ])leascil to have from Lonl Salisbury a prompt
response to these suggestions,
I am furtlier directed by the President to say that your note of the same date
referring to the conditions of the jirojiosed arbitration, and stating the objection of Lord
Salisbury to some points in the jiropusal of Mr. Blaine, will have the early attention of
the President.
I have, iSic.
(Signed) WILLI.VM V. WHARTON,
Aitmj Secretary.
No. 41.
Sir R. Mnrifr In the Mnr<iiiis of Salisliurji. — (Received June 15.)
Mv Lord, •*'''• Petcrsburcjh, June 10, 181(1.
WIi'eN yom- riOr<lship's telegram of the 2nd instant, respecting the seal question in
the Bebring's" Sea. reached St. Petersburgh on Wednesday morning, I chanced to be in
Finland, wliithor I iiad gone fur an indispensahle change of air. M. de Giers also
intended to jiroceed thither at the end of the week. The ))laces where we were respec-
tivelv staviiur were a eonsideralile distance ajmrt, and as I was not sure which day
M. de Giers was leaving St. Petersburgh, I did not know whether to go to the capital or
22
to his country lionso. T npcor(linp;ly telcfjraphcd to Mr. TToward to at once address a
note to the I'^orcitcii Oirii-e in llio .Hen^.i' of your Tjonlsliip's tolos'"'"' "'"' nrranjiiod to
meet .M. de (Jiors iit liis country iiouse on Siindny. I'y tins moans no time was lost, tor
as oarlv as 'ri'.ursdiiy niu;lit .M. SliishkiiU', tlic riKliT-Si'crcljiry lor Fi.icij;n Attairs, liiid
tL'Ioi;ni plied tlio roiiU'nts of Mr. Howard's note to .M. <1(' fiiurs, who, when 1 rcaciu'd hiin
on Sunday, liad had tlic jiHiior.s connrdcd with tho snlijcct soul up to liiiii, and was m a
position to inivc a provisional reidy.
His ICxci'llcncy's statement was to tlic foUowinj;- cd'nct.
The (lucstion of senl-hnntiiif; in the iJeliriiis'^ Hea liad formed the suhjcct of con-
tinuous nt'L;<itiation In-lwcen the rnited States' rjoveninu'ni and his own for a vciy
considerahlo time, and miiny proposals had !)e<'n submitted to him by the I'niled States'
Peparlment, to none of which, however, had he been aide to i;ive his assent. So
far as he could .see, your [jor(lshi|)'s pro))osal was very reasonable, and its jirineiplc —
narnclv, to ^ive the seal tisheries a year's rest, in order to come to a ilelinite arranyement
as to (he best means for preventini;- the destruetion of these valuable animals — was one
with \vhieh he had the fullest sympathy. It was impossible, liowever, to f^nve me an
answer oil-band, because the matter lay not with the .Minister for I''oreii;n Allairs, hut
with that of the Donniins. Now it so happened that (piite lately the former Contract of
the (Government \vith the Alaska Company had terminated, and a new Contract with a
JiUssian Comi)any had been substituted for it. Whether M. ()~trowski, the .Minister of
the Domains, would be in a position to put this Contract in abeyance for the next twelve
nionllis, and uhelher, if he conld. he would be able to do so without briiiuini,' the matter
ogain before the Committee of Ministers, which wmild ri'ipiire some time, his l']xcellency
could not tell me till he received a reply from his collea:jue. lie had written to him to
urge expedition in the matter, and hoped to be able to give mc a dclinite answer by the
middle of the week.
On my return to St. Pctcrsl)urgli 1 called upon iSf. Veshniakoif, the allrr ego of the
Minister of Pomains, and mned on him the desirability td' expedition. \ found him well
disposed towards the projiosal, and I mny therefore hope tliat a favourable answer will
be given.
On the receipt of your Lordship's telegram of the !)th instant this morning, I
addressed to M. de (Jiers a note l•mbodyin^• its contents, and called in the afternoon on
M. Shishkine to urge that it should he innnediately sent to the Ministry of Domains. He
was not in a ])osition to discuss the merits (d' this new dei)arlure.
I have the honour to transmit herewith copies of Mr. Howard's note of the 4th
instant and of mine of to-day's date.
I liavc, &c.
(Signed) R. B. D. MORIER.
Tnclosure 1 in No. 41.
Sir li. Moricr to M, dc Gicrs.
M. 1p Ministrc, Si. Prtcrshiinjli, Moij i:\ (Jniir 4), 1^<91.
I ll.\^^•J been instructed by Her Majesty's I'rincipal Secretjiry of State for Foreign
Affairs to iid'orm your ICxcellency that, Her ^blje.s(y's (iovernmenl hav(! .■igreed to a
proposal of the Cnited Stales' Government to suspend scil-bunliui;' in the waters and
islands of the lUhring's Sea until tin' month ol May next year. 'I'lie iwo Powers engiiue
to prevent, to the best of their ability, seiil-iiimting of every kiiul on the ])arl of their
subjects, with the excei)tion, however, of allowing 7,o'>() seals to be taken for the support
oi' the Aleuts employed by the Alaska Company. Ijcu'd Salisbury adds that, of course,
there can be no (picstion of this Agreement being signed indess Kussia is willing to
become a party to the same, and I am accordingly instructed lo incpure of your I'^xcel-
lency whether the Imperial Governmenl would be disposed to co-operate with the other
two I'owtTB concerned in efl'ecting tiie proposed suspension.
I avail, Sic.
(I'or Sir R. Morier),
(Signed) UEJS'RY HOWARD.
Incloaurc 2 in No. 41.
Sir R, Morier lo M. de Gicrx.
M. Ic Ministro, St. PHcrsburtjli, Mnu 29 (Jiini; 10), 18«)1.
WITH roioronco to my note of tlie 2■^I■(1 ]\Tay Tttli June), I have now tliu lionoiir lo
iniorin yoii llial I liiivc rect.ncd in: (niclions I'roni tlic Marquis of Salisbury to jioinl out
to your Hxci'lluney that, owinj? to the Conslilutional limits placed upon the powers
r'xereised l)y liie Fxecutive tiovornment o{ the United States, the proposal of Her
Majesty's Oovernment is limited to the eiirorceniunt of a close season on land and sea,
cast of the lino (ixed hy the Treaty of l^'T. They -ire aeeordingly only anxious that
Ihissia should prohibit her sulijecls from sealinjr this year to the eU'-t of that line in the
ojK'n sea (seein^c "'-it there is no I'ussian land on the eastern side of this boundary),
and slionld authorize us to stoji vessels under lur flaq; (.'uj^aj^ed in seal-huntin;; in those
Haters. The American Government would appear to be precluded from associating
themselves in tlrs rcipiest, :'S they contend that they have a rij^ht to exclude ships of
every nationality from this portion of the JVdn-ing's Sea.
It will clearly be to Russia's interest to ifrnnt this rcriiiest, as a close season to the
cast of the I8G7 line will naturally benelit the fishing on its western side.
I avail, &c.
(Signed) IX. B. D. .MORIEK.
No. 12.
Sir E. Mulct lo (he M(tr<juis of SulUburii. ^{Received June 15.)
My Lord. Berlin, June 11?, 1801.
^\ ITII reference to your Lord-hip's despatch of the "rd instant, instructing nic
to nscertain whether the interest taken by the German Government in the Hehring's
"M'a seal (i^hery was such as lo make it advisable lo [i^k the' • concurrence in the >U'^])en-
Mim of the lisliery, 1 have the lionour to inform your Lnrd-liij) timt liaron von .Marschall
tiild nie to-ilay that his (iovcrnmeiit ilid not take siiliicient interest in the matter to
make it worth llieir whilo to etder uiion the icngtliy but nece>sary proecss of submitting
ilie matter to the Iteichstag lor its sanction to their particii)ation in un Agreement for
the susiiensi m of the lishciy.
I have, &c.
(Signed) EDWARD 15. MA LET.
No. 13.
Sir J. Pnunce/ote to the Marquis of Salisbury. — (Received June 15.)
(Telcgrnphic.) U'n.tliitn/lnn, June 15, 1891.
A I'liOrLA-MATtON' has to-day been issued by du' President, of which I. shall
send the text by mi'.il to-morrow, embodying the terms of the Agreement for the modus
licendi in IJehring's Sea.
No. U.
Admiralty lo Foreign Office — (Received June 17.)
AdmiinHy, June It), 1891.
'if reference to previous correspondence respecting the Uehring'.s Sea seal
am connnanded by my Lords ("innmisniouers of the Admiralty to transmit
for the ini'ormatiou of the Secretary of State for Foreign AlVairs, copies
urns whicli have this day been .sent to the Commander-in-chief in China
Senior Gllioer at Hs(iuimalt, directing Her Majesty's ships "Porpoise,"
'," and " Pheasant" to proceed to ikdiring's Sea for lishery duty, and o
the provisions of "The Seal Fishery (l!ehrin;;'s Sea) -\ct, Ifi'-ll.''
i iiiu, A:c.
(Signed) EVAN JIACGllEGOIl.
Sir,
WIT
lishery, I
herewith,
of telcgri
ami the
" Nymphe
carry out
21
Inclosiire in No. 11.
[Tfleijrams scnl to Commnndrr'iii-chief in Ciina nnl I'lr l^nilur Oflinr iil Kxjuimnll.
To Senior Olficer, limiuimnU,
THE following Act of Parlinnicnt has boon i)asso(l : —
Articlo 1, clause 1. Her ^tiijisly llic (^lu'cn iiiav, liy diilcr in <'onnci!, ]iroliil)i( (Ijc
catehinf; of seals hy British ships in !5i'iiiiny:'s Si'ii, nr stK'h jpimI tlicronl us is di'finod liy
the said Order <lnrinf; the jicriod liniitid hy l!ic Oriler.
Clause -. While an Order in Connri! nnder this Act is in lorce, a pi'r-on helonijin^'
to n British .slii]» shall not kill oi- taKe or hunt, or atteni])t to kill or lake, any seal \utliiti
Bchrinp's Sea during the period liiuited hy the Onler. and a liritish shij) shall not,
nor shall any of the eqiiipnient or crew thereof, he used or employed in such killinir,
takini;, huntin';, or attempt.
Clause 3. If there is any contravention of lliis .\it, any person coniniiltini?,
procuring;, aiding, or ahettin;; such contraveniioti >l'.ali he ;;uiity of a niisilenieanour
within meaning of "'I'he Merchant Shi|)i)iii^ Act, l"^"!!," and llie liii) ami licr e(|uipmeiit,
and everything on hoard thereof, shall he forfeited to Ilt'r Majesty as if an ollenee had
been conmiitted under section iu;i of the said Act, and the ]irovisions of sections )U!I
and 104 and Part 10 of the said Act shall i\\i\)\\ as if they were herein re-enacted, and
in terms made applicable to nn offence ami forfeiture under this Act.
Clause 4. Any commissioned otlicer on full pr.y in the naval service of Her .Majesty
shall have jmwer, during the period limited l)y the OicKr in Coinicil, to stoj) and examine
any British ship in Hehring's Sea and to detain her or any portion of her eipiijnnent or
any of her crew, if in his judgment the ship is being or is preparing to he used
or employed in contravention of this section.
Clause 5. If a British ship is found within lieluing's Si'a liuving on hoard thereof
fishing or shooting implements or sealskins or bodies of seals, it shall lie mu the owner
or master of such ship to prove that the ship was not used or employed in contravention
of this Act.
Article 3, clause 1. This Act shall ai)]»ly to the animal known as the fur-seal, and to
anj marine animal specified in that behalf by an Order in Council under this Act, and
the e.\pres.ssion "seal" in tliis Act shall be constrned accordingly.
Clause 2. The expression " Behring' i Sea" in this Act means the seas known
as Behring's Sea within the limits dcscilicd in an Order under this Act ;
Clause ;i. The expression "ocinipnient " in thi- .\ct imlmles any boat, tackle, tishing
or shooting instruments, and other things belonging to the ship.
Clause 4. This Act may be cited as "'I'he Seal i'isliery (Ueluing's Sea) Act, I8f)l."
Order in Council accordiimly has been approved. It "ill only ap]dy to liehring's
Sea, and only that jjart of Hehring's Sea which is east of '.,e l{ns>iar.-.\nieri(an line:
description in separate telegram.
Your instructions are to proceed at once with " Nyniplie " and '• Pheasant "
Behring's Sea and cruize to eastward of above-named line as may be neces-ary. Every
ship under ])ritish colours which in your judgment is hunting seals or iirejiaring to do .so,
if you think she is acting in ignorance of the ]iroliibition or believes hersidf to Ik; out>ide
prohibited waters, you may let her go with warning. If a ship is t'unnd deliberately
offending, confiscate all her eipiijiinent necessary for sealing, and record names of ship
and master for prosecution afterwards. If you lind .\merican vessel deliberately
offending, you are authorized by Convention just signed to arrest her, and you should
record name of cajitain and vessel, and jiroof of offence, informing .\meric.in anthmities.
If you can, it will be your duly to co-operate with Anuricari crni/.ers, who will have
similar orders. ".Nympbe" and "Pheasant" to proceed at once on this duty.
•Porpoise" will jjroceed to Jlinliuk iiarlxiiir, Oiinalaslia, from China, to be under
command of " Nyinphe," who will give copy instructions for gimiance. These vessels to
remain on this service until close fishing season. Te.xl of American Pioclaiiialion in
newsp.ipcrs of iGth June. Ask for liirtlier information on any points not clear to you.
Acknowledge receipt by telegram.
To Senior Officer, KiKjitimafl.
With reference to my telegram of Kith .liine, lino of demarcaiion proceed.s in a
roiirsc njarly south. west through Hehring's Strait and Heiiring's Sea, so as to pa.ss
midway between the north-west point of the Island of St. Lawrence and the south-east
SB
piiint oi V; |ii' 'rcliiilioloki I" tlio meridian i)i' IT- ' "osl lciiij;ituilt' ; tluncc l'i(tin (lio iiilor-
Koctioii of lliiit iiicriiiiiiii in ii suiitli-wcstui^ tliicctioii m> as to pa>s iiiidtvay l)i't\U'uti the
Islniiil (if Attou utiii (lie <'i>|i|ici' Islanil of tin- Kori.ianilor^iti coiipU't or ;:roii|i in the
Nortli I'acitlc to tlic iiifricii.in of ltl7 t'a--l loii^'itiuic, so as to iiichiih' in liic territory
conveyi'il the uhoh' of tlic Ah-iiliaii Ishiniis oast of llial nieriiiiaii.
7'h Comninnder-iit'Chiff, China.
Order " I'orpoise " to iirocccd (o rt'iidezvoiis nt Iliiiliuk Ilaihonr, OinmlaHka,
Hi'hrinit's Sea, for -erviec on lisiiery d.ntirs; will receive orders from " N_\.,iplie." Order
n.'eessary eliarls llonu; Kon^ if "Severn," " Leandcr," linve not t,'ot tlicm. Coal
jrdered froMi l''s(piinwill. "Severn," " Leander," " Mercury " are no lonjjer retpjired,
and avaiialilo for ordinary station work. "l'or|ioise" to report Iiy telegraph dale
sniliii<^r and prolialile arrival destination.
To Senior OJJim, Ksqumnlt.
.Arrange locally to send 1,S00 tons coal llinliuk llarhonr, Oun.aiaska, Bchrinji's Sea,
for '• Nymphe," " Pheasant," " l'orpoi<e." Half in time to meet " Nyniphe,"
" i'heasaiit," remainder as necessary. "I'orpoise" joins from China, lieporl hy
tele;jraph arrari,:;eineiits.
Xo. ir..
The Marquis of i<'i!Ulniri/ to Sir H. Morifr,
Sir, Forriijn Offirr, J„n-' 17, 1*01.
'!"HI^ Itn-^sian Amhiis-aiior to-day e\]ilaiiied to me tiiat it was iiiipos>il)ie ihfil his
(mim riniienl should lorhid suil-lumtinir dnrinjr the present year npon Kussian lands and
in linssian waters, hecansc they had (piite recently leased the se.il li>heries to a
Company, and as tlie lease hail heen solemnly coniirined hy the Council of State, it wa^
not in their power (o \i<) hack upon it now.
1 explained to his Ivvcellency that the American (Jovernnient, not po'iscssintf the
necessary leiial power for aireslinu: .Vmerican vessels in the western part of Belirinir's Sea,
liad restricted its consent to that pari of l!elirin<j\ Sea whieii lay to the east of the lin«
dcserihed in the l!nssian-.\nierican Treaty of li^i'iT. It consequently followeil that ftll
that we now had oecasicjn to ask of the iitissian (iovorinnei.t was that they would pcrrnit.
IIS to turn hack and hinder from seal-hnntiui; any ve^^sels under the Kussian tiafj which
nii;fht a])])(ar to the east of the line to which I have rcfi'rred.
His Kxcellency reiplied that it had heen the jiolicy of the IJussian fJovernnient to
dii-courase Jielanie seal-hunt in;j altoi>elher, and to confine it to the Hussiau inlands, as far
ns they were coneemed; and that, as a matter of fact, llussian vessels were not in the
liahit id hunting' seals to the ea>t of the liussian-American line, and were certainly never
encoura;;ed to do so. He said that he would transmit to M. de Ciiers a pres^inj; re(|uest,
I am, &c.
(Signed) SALISBURY.
No. 4ti.
Sir J. Vauncvfolc to the Marqui'' of Salishunj. — {Received June 18.)
My Lord. Woshiiujlon, June '.), ]S!)1.
I II. WK the honour to inclose copy of the note which, on receipt of your Lordship's
telegram of the olh instant, I addressed to the Atliu"; Secretary f Slate inclosing
a Memoranilum, copy of whicii is likewise inclosed, giving the substance of your Lordship's
ahove-mcntioned telegram on the subject of the proposed modus lirendi in Behring's
Sea.
I liav?, &c.
(Signed) .lULIAN PAUNCEFOTE.
[572J
s
20
Inclosurc 1 in No. 40.
Sir J, Pauncefote to Sfr. Whnrlon,
Sir, IViuihiiujtnii, June (!, 18!)1.
IM.Mi'il)IA'ri''i>Y 1)11 tlio roccipt of your nulc of (lio Itli instant, ri'lativi; to tlic
proiiosi'il iikkIiis virend! ill IJciirinjf's Sfft, 1 c'oniiimnicatc<l its contonts to tiio Miininis of
8iili>l)nry liy ti?le};riii)li.
1 Invc now the lionoiir to inform yon tlint lato last ni;;lit 1 received a teloijrapliic
reply from liis LoriUhip, of which the substance is contained in the inclosed iMomo.
rnnduui.
1 have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 2 in No. 10.
Memorandum,
HRR Majesty's ftovcrnment accept (lie ])ropoHal of the President Ih.it flic iiwiIuk
rirciidi, if ii:;r('('d upon, should ]iroviilf that the niiviil or other duly coniniissioiu'd oiliccrs
of citlur piirly ni:iy arrest any oirfudiiii;' vessel and tinii il over at the nearest port of the
natiiin 'vhip^c Ihit;- it carries, for such jndiciiil proc. ('ilini.-i us the law provides.
Hy ar oji'iin^' this i)rop<'s;\l, iter .Miijesly's (IdVcrnuient i.;ive to ihc cruize rs of tiie
I'niteil Slates the jinwer of snpervisin;; the conduct of Ihitinh suhjects in (d)siTv inj; the
l)roi)o-e<l a;;ieenient at sen. This is a concession which, in Lord Salishi;ry's opinion,
entitles lier Miijesty'.s (Jovernment to ask from the United States thv. correspondinjj
power (d' supervisiiiif the proeeedinirs of United States' citizens on the Seal l>laiid.s. It
is on the fuhlily with which the condition of not killing more than 7,<')00 seals is observed
that the e(|Uality of the proposed ngrecnient depends.
Iler .Majes.ty'.s Ciovernment, therefore, regard it ns indispensable that they .should
htiw tile ri^ilit of satisfying themselves that this conditi(ni is fidly ohservid by citizens of
the United States. If there he an objection on the part of the United States' Oovern-
ment to issuing an exe(juatur to a permanent Consid on the Seal Islands, Lord Salisbury
suggests that they can under the Statute specially autiiorize the rcsiden"" theieon of a
British Agent during the present .season.
His liordship will not insist on the condition that lUissia shall he <. party to the
Agreement, hut he must earnestly press the United States' (Jovcrnment t>> extend the
prohibition to their citizens and vesstds over the entire area of Behring's Sea. In (hat
case Her Majesty's Oovernment, on their part, will similarly extend the proidbition to
British subjects and vessels.
Lord Salisbury jioinl.s out that, if .seal-hnnting be ])rohil)ited on one side of a purely
imaginary line drawn in the open ocean, while it is permitted on the other side of the
line, it will he imi)(is--i')le In many cases to prove nnla«ful sealing, or to infer it from
the pos.session of skins or lisiiing tackle. In conclusion, T-ord Salisbury tales that Her
Mnjesly's (iovcrnment consider it a matter of great imjiortance that the two Clovernments
should agree on the terms of arbitration at the same time as on a modus viiendi. The
suspension of sealing is not a niea.surc wln(di they could repeat another year.
No. 17.
ISir J. Pauncefote to the 3/nrfyMis of Salinburj/.* — [Received June 18.)
My Lord, Wanhinyton, June 0, 1891.
AVITH reference to my telegrnni of the Gtli instant, I have the honour to inclose
copy of the note which I received on that day from the United States' Government
respecting the proposed modus vitendi in Behring's Sea.
I have, &e.
(Signed) JULIAN PAUNCEFOTE.
Substance tclrgroplu'd on .liinc 6.
If
Ini'loHuri- in No. 17.
iJr. fyiiiirton lu Hir J. Paunccfule.
Sir, Wnshinrjlon, Juno (1, IhOl.
I AM directed liy tlie President to my tlint he linn received wiih ;;n'iit satisfaction
tlic nole of Lord Kaiishury of to-day's dale in reply lo my note id' tiic Itii iiislnnl. He
directs nic to ask you to riMoiiid Lord Sali>liiirv tliat the limitation of tiio iiiilin^' cif seals
u])on the i^laTlcls is ab-(diitely witliin liie contnd of the United States, as u daily count is
uinde hy sworn otlicers, and to inform iiiin tli..t nlriady, in order to insure sucli control
jiendin;; tiiese ncjiotiations, tlic agents of the Treasury l)e|iarlinent who liave been
dis])alched to tlie Seal Islamls, have lieen instructed to htoi> the kiliiiii; when 7,'''»(» have
been taken, and to await the arrival of further orders; thou>|:li ordinarily the takin;; of
the seals on the islands ih:es not l)e;;in until ahoui the 1st .Fuly. 'I'lie enforcement of an
agreed limitation hein^ ki> fully in the control of the United Slates, the President is
sure that Lord Salisbury will not (|Uestion tlie absolute jjood faith of this Government in
observing its sti|iulation to lin\it the catch to 7,''"''. 'lids (Jovernment could not, of
course, consent to any arrangement that implied such a dou))t, or involved any foreign
supervision on the islniids.
If the prompt and ell'ectiial recall of the tied of Canadian sealer ■; now at -ea was as
fully within the conirol of (Jreat Ihitain, the President »ould not have suggested the
provision for the arrest by either parly of vessids violaliii!: the pridnbitioii, hut unuld
have rested <'oii!iilently in the assurance given by Her Majesty's ( Jovtrnnu'ut.
Hut, in view of the fact that the evidence wliich the resijcctivc (Jovernmenls will
present to the Arbitrators (if that ha]ii»y solution of the pending dillicullies shall be
attained) must be collected during the present season, and as the delinilive Agreement
for arbitration cannot lie concluded contemporaneously with ibis Agreement, the
President directs me to say that be is .jiiite billing to agree that Her Majesty's (Jovern-
mcnt may send te the Seal Islands with a view to collecting the facts llial may be
involved in an arbi itioii, and es|)ecially facts relating to seal life and lo the results of
the methods which have been pursiied in the killing of seals, a suitable iiersoii or persons
to make the necessary observations. The present and the comparative conditions of the
rookeries may become an important consideration before Arl)itralors in a certain event,
an<l the President would not ask that the cvidem'e upon this sub.ject sliould he "h(dly
from one side. He is desirous that the itrohibilion of the killing of seals for this season
shall lie as wide and absolute as po-sibie, and will not omit the exercise of any jjower
conllded to lum by law to jiromote that end.
He directs me lo assure Lnrd ^ali-bury that lie is e\tien\eiy desirous to bring to a
speedy eoncbisioii the pending negotiations for the submission to impartial Aib'traturs of
the jioints of dillerence between the t"0 (iovernment-, and regrets thai, for reasons
which have been explained to you, an immediate answer cannot be returned lo his
Lordship's nole upon that subject of the 2nd instant. Ho feels sure, however, that the
prom])t announcetnenl nf an agreement b r a iniidds riicndi for this season, while there
is yet time to make it niiilually ell'ective, will not fail to have a happy inllueiice uiion the
final negotiation.
It is hoped that authority in;iy be given to you, ns the Representative of Her
Majesty's (jovernmenl at tins capital, to coiudude immediately, upon the passage of the
Pill now [icndijig iti Parliament, the following agreement : —
For the purpose of avoiding irritating dill'erences, and with a view to ])roinole a
friendly settlement of the i|uesticiiis ]iendin,' between the tlovennnent cd' (ireal Mritain
on the one side, and the I'liiled Slates of America on liie other, touching liie rights of
the res|iective nations in the iiebring's Sea, the following agreement is made, which
shall bine no etlect to limit or prejudice the rights or claims of either Power e.\ce[)t as
therein ixpressly stipulated and for the lime therein limited; —
1. The (Jovernment of (Jreat Hritaiii will ])rohibit until May l-i!l2 the killing of
seals in all that pari of the Pebring's Sea lyinu east, easiwardly, or soiith-eastwardly of
the line described in .\rtiele I ol tlie Coiiveutiun between the Iniled Stales and Piissia,
of the -'ioth Marcli, l'^i'>7, and vull proiii|)tly lake such steps as aie bi'sl eahulated
cll'ectivcly lo insure ibe (disi'rvaiice of this prohibition by the subjects and I'ilizens of
Great Pritain, and all vessels tlying its Hag.
2. 'I'lie (ioveinnieiit of the United States will prohibit until May 1S02 the killing of
seals in thai part of Pebring's Sea abuve described, and on the shores and islands
thereof, the properly of the United Slates (c.Ncept that 7,500 seals and no more may he
taken on the islands), and the (Jovcrnu'cnt of the United titates will proinptlv lake such
[072] E 2
28
8to])S as lire best ealciilatcd eirectively to assure llic ohsorvniieo of tliis proliihition l»_y the
citi/i'iis ol" the I'liited States, and the vessels llyiiif; its /luj{.
.T. Ail vessels or persons violatin;; tlie laws of tlieir respeetive fioveniineiifs i i this
rej^arti leilside the ordinary tcrritoiiai limits may lie seized and detained \>y tlie naval or
other duly eon>nii«sioiied o(lieor-> of eitlier of the Hi^fli Coiilracliii;^ I'ailies, hut they
shall l>e handed over as hoon as praetieahle to the authorities ot the nation to which they
rcspeelivi'ly helong for trial and for the imposilion of the penalties aiul forfeitures
provided hy law.
4. In order to facilitate such proper impiiries as ller Majesty's Government may
desire to make with a view to tiie iiresentation of the ease of that (JovernmenI lielore
Arhitrator>, and in the expeetation that an ai^reement for arbitration may ullimali'iy l)e
readied, it is a<;reed that a suitable person or persons to be desij;tuited by (treat liritain
will he permitted at any time, upon appiieation, to visit o. tu remain upon the seal
islands during the present Kcaling season, for that purpose.
I have, &c.
(Signed) W. F. WHARTON.
No. 48.
Colonial Office to Foreign Office. — {Received Jnno 1^.)
Sir, Dnwninij SIrrpt, Jiwe 17, 18!)1.
WITH reference to your letter of the 10th instant, I am directed by Lord
Knutst'ord to transmit to you n copy of the reply which he caused to be returned to the
letter from the Hi^h Commissioner for Canada, forwardinjj a (irotest from the Hritish
Columbia Hoard of Trade a(;ainst the prohibition of sealin;; in Helirin^'s Sea this season.
I am, at the same time, to transmit to you, to he laid before the iManjuis of Salisbury, a
co|)y of a des|)atch from tiie Governor-Geneial of Canada, lorwardint; copies of
teleiirajjliic protests against the prohibition from the Premier of liritish Columbia, and
from the iiritish Columbian sealers.
L(ird Knntsford jiroposes, if Lord Salisbury concurs, to refer the (iovcriior-General
to the (li'sjiateh wiiich has been sent to him eontaiiiini: the corrcspondeiiee with the
Higli Commissiontr, and to desire him to reply to tliese telejrrams in similar terms to the
reply addressed to the lligh Commissioner on the IJUh instant."
I am, 8ic.
(Signed) JOHN HRAMSTOX.
Inclosurc 1 in No. 48.
Lord Stanley of Preston to Lord Knntsford.
My Lord, Government Ilouxe, Ottiiwn, June 3, 189L
AVi'l'If reference to my telegram of to-day, I have the honour to inclose herewith
copies of telegrams from the Premier of Hrilisli (johimhia, and from the British
Columbia sealers, protesting against the Hil! prohibiting sealing in the IJeliring's Sea.
I have, &e.
(Signed) STANLEY OF PRESTON.
Inclosurc 2 in No. 18.
Mr. Robson to Mr, Dewdney.
(Telegraphic.) June 2, 1891.
HKITISIl Columbia sealers strongly protest against close season this year as it
would ruin them, all their jireparations and contracts having been made. Please wire
me when it is intended c'oscd sea.sou shall coinmcncu.
* See No. 18, anil Inclosurc 4 in No 48, infra.
\<y iW-
'J9
IncloRtiro ;t in No. IS.
Mr. Cux III Mr. Tuiiiirr.
( IVlcKmiiliic. ) .linv\, I >■.»!.
HIMTISII ColiMiilii;) scali'iN n--k vmi lo iiroli'st, a;;iiiiist liill priiliiliitiiiy; si'iilmi,
lieliriiij;'h Sou. Vcrjr unjust to us. Heavy caiiil.il iiivostcd ; would ruin uiau)' Iutc,
Inclosui'c 4 in No. 48.
f'nhiiiiiil Of/ill' lo S/r ('. Tiippi-r.
Sir, Doiniiiiij Slrei-I, Jiiiif \:\. IH'.ll.
I AM (iin'ctcti by Lord Knuuruni ti arkno«li.'dj;c tlio ri'ccipt (jf vour loiter of the
;ird inslnnl, rurwardin^ coj)y of a leleirrani IVoin llie I'risidenl of the Hoard of Trade of
British Columbia, i)rotestin;4 a^^aiiist tin.' propo-i'd [irohihitioii of sealini; in i'lehrin^^'s Son
tiiis season.
I am to ))oint out to you, in reply, lliat us tlic total rcssation of scaling in Hohring's
>(ii will ^'reatly enli;ince the vidue ol' the prodiiee of the coast fishery, Her .Majesty's
(iuvernment do not antieipate that British sealers will sulfer to any great extent by
(■xc'lu-.ion from lieliriui;'s Sen.
They will he prepared, liowcver, to consider any case in whicli it is elearly
1 stahlislicd that direet loss has hcen siilfered l)y a British suhjeet through the enforcc-
iiiiMit of the prohihition aLcainst senliuLT '" Behring's Sea.
I nm, &c.
(Signed) JOHN BUAMSTON.
No. 10.
Colonial Office to Foreiijn Office.-
-{Received June 18.)
Si:-, Downimj Slrcrt, .lune l?*, 181)1,
I .\M direeted hy fjord Knulsfdid to liansniit to you, for the information of the
.Manpiis of Sali^hiiry, a parajiliiase of a teley:iaui which was soiil to the (iovernor-Gencra(
<il' Canada respecting the nonnnalion of the Britisii inenihcrs of the Commission ot
I'.xpcrts, together witii a ])araphrase of the reply which has hcen received.
Lord Ivnutsford ])resuMies that Lord Sali>hury will sidjniit the names of Sir G
Dadcn- Powell and Mr. Dawson for Jler Majesty's approval.
I am, &c.
(Signed) JOHN BRAMSTON.
inclosurc 1 in No. 49.
Lord KnutKford lo Lord Stanley of Preston.
'Tclegrnplnc.) Dorcnimj Street, June 10, 189L
I'LliASl'] inform mo liy teleL;i';i|ili as soon as you can of the name of Canadiaii
expert to Ik; associated with Sir iJeoriie Baden- I'owoU. The names have to he
submitted to Her Majesty. Jt is proposed that Sir G. Baden-Powell should proceed
shortly to Ottawa to consult with your Government.
Indosure 2 in No. 49.
Lord Stauleij of Preston lo Lord KmUsford.
My Lord, Government House, Ollawa, June 17, 1S91.
I HAD the honour to .send to your Lordship to-day a telegraphic message in cypher,
of which the following is tiio substance : —
With reference to your message of yesterday's date, Dawson, of the Geological
Sur^'cy of Canada, is recommended by the Dominion Government,
'i'ou could not, I think, iiave a better representative.
Badcn-Foweirs appointment is concurred in by the Canadian Government.
1 have, &c.
(Signed) STANLEY OF PRE8T0K.
30
No. 50.
The ^/arqiti.1 of Salistiunj to Sir II. Morier.
Sir, Fnrrliju Offin: June 1«, 1891.
WITIF nroicnce to your dcspntcli of tlio lOtli instiiiit, I tiansinit liiMe»illi,
I'lir your ICnci'IIlmu-v's iiiforniiition, two copios of the toxt of an A^ioi'incnl lii'twccii this
c'ouiitrv and llii' I'liilitl SlalcH wliicli Sir J, I'aimci'foto liiis been aiitiiorizi'd to sii.'ii f.jr
n iiwihis riiniili in liflirinj^'s Sen initil .May l^^it2.
Sir .1. I'auut'L'fole lias ri'iiorted, hy telegniiili, Unit llii.s Ajj;roc'ini'nt was si^tncd at
AVasliin^toM on the 15tii instant.
As soon as tliu Afiri'onicnt is rccoivcd ns signed, a copy will liu forivanlod to you for
coniinunioution to the liussian Government.
I uni, &e.
(Signed) SAJJSUIJRY.
No. f-l.
The Marnuis of Salislnirii In Sir li. Morier.
Sir, Fnreiijn ()//ice, June li), 1801.
I Ji.W'I'i roi'oived yoin- E.vcellcncy's d('--i)atcli of tlie lOtii instant, reporting'
a conversation with M. de 'J'erH respt'ctiuy; the proposal tliat tlussia siiouid join ii\ tliu
Ap;reenient for a mmhtx ilr(ii(ll in Ik'iirinn's Sea whicii was in negotiation, and iins since
been eonoiuded between tiiis country and tiie I'nited St«ti.s.
Your ivxcclk'ney's proceedings witli regard to tliis matter are approved by llor
Majesty 'h Government.
I am, &c.
(Signed) SALISBURY.
No. 62.
Foreign 0[}icc to Colonial Office.
Sir, I'oreitjn O/fivc, June 1!', 1801.
I AM directed by the Marcjuis of Salisl)ury to nckimw ledge tlie receijjt of ymir
k'tti'r of the 17tli instant, inclosing a co])y of a despatch from Lord Stanley of i'reston,
with cojiies of telegrams from the i'remier of llritidi Cohnnbia and the Rritisli
Cohnnbian sealers protesting against the prohibition of sealing in iicbring's Sea fur
this seas(pn.
1 am to rciiuest that you will stale to the Secretary of State for the Colonic;' that
hi.s Lord.shi)) concurs in the reply which it is proposed to return to the Govcruor-Generttl's
despatch.
I am, &c.
(Signed) T. II. SANDERSON.
No. 53.
Sir J. Pavncefote to the Marquis of Salisbury. — (Received June 20.)
(Telegraphic.) Wanhingtan, June 20, 1801.
\VITII reference to Rchring's Sea negotiations, the return of the President to
Washington from the seaside is exjiected on Tuesday, the 23rd, and at the State Deparl-
ment 1 am assured that he will then proceed at once with the subjects that remain lor
negotiation, All ))ropara(i()ns for this jmrpo-se have been nuide, and I pressed nrgeiilly
that during his absence negotiations might still go on ; but the President's assent coulel
not be obtained.
81
No. Of.
The Marquis 0/ Unliiliurif to fiir J. I'diiuciJoU.
Sir, Foifign Ofice, June 20, 1P91.
I ITAVF. icrt'ivod your iles|mtcli of (lie !tlli iiistaiil, iiu'lo^ini,' coiiio-i of 11 nulc aiiil
Meniorainluin inldrc^scd \:y von to the L'nituil Stiiti't' Aotin<^ St'crctiir)- of Sliilc, on iliy
[iri>|)OHO(l iiioiliix liiriiili in l!clirin;;'s ^l■il.
'riie ternia of your ODMimuniciition iire approved \>y IK'i- IMaji'sly's (iovciiii'K'nl.
I ani, &c.
(SiKiicd) H.Ar.lSIUJIiV,
No. or..
Sir J. Pauncefote to the Murquis of Salin'oury. — (Received Juii't '21.)
(Tcicgrttnhic.) Wm.' ' jton, J<ini> 21, 180!
TUli United States' Oovornnient have fiirnislicd tnc wit! ^\)y ol tlio inHtnietioiH
issued to llioir cr 'izors, under the .'Ird Article oftiic mndus rirmil!.
I nin K a copy of tiie 110(0 inclosini,' tlioiu to your liordsliip Iv next mail.
The followini; is a suninmry of tiieni : —
^lie " -Moiiiean," tlie "'I'lietis," mul tiie " Alert," ntui iioss'bly oMu-reruizers, «iil l.c
employed in lieiirin^j's Sea.
'i'lie "Tlietis'' is to proceed ininu diately (o Sand I'oint, the reimezvous of llic
Ciiiadian sealers, l)e('ore they enter llehrinn's Sea, and distrihule co|iie- of the I'rcsid ill's
i'roclaniation, ^'ivintj notice io all >ealini;-vessels, and t.'ikini; n li^t of all vessels warned.
She will jiroeeed to ( )uimlaska as soon as the Canadian catch has hecn traiishijipeil at
Sand I'oint, ahout .luly I.
The " Mohirnn " and " Alert " will jiroceed at once to the seal islands and cniizc
two weeks in lichring's Sen, di>trihutinu: the President's I'roelaination, and warn all vessels
found enj^aged in sealing li> leave the jirohiltited waters immediately, record in;.'-, hy an
entry in the vessel's lo;;, tliiit she has heen warned. IJoth will then rendezvous uitii tiie
'Thetis" at Ounahiska, whither all persons and vessels seized are to he sent. A
.'harlered steamer will he ready at this jiort with a marine jriiard to assist in haiuliiig
over the persons and vessels seized to their respective authorities.
'I'lic United States' Government would he ^'lad to have a copy of the instructiona
winch have been issued to Jlcr Majesty's ships detailed for service in Beliring's Sea.
No. 60.
air J. Pauncefote to the Marquis of !<ulisburij. — {Reccircd June 22.)
My Lord, Washimjinn, June VI, ISni,
WlTIt reference to my telegrams of the 0th, 10(h, and lltli .iune, I have the
honour to inclose herewith copies of the correspondence referred to therein, relative to a
mndus virendi in Hehring's Sea.
I have, &e.
(Signed) dl^LIAN PAUNCEFOTE,
Inclosure I in No. 5G.
Sir J. Pauncefote to Mr. fVharton.
Sir, iVashinrjton, June S, 1^01.
I HAVE the honour to acknowledge the receipt of your note of the Oth instant,
Containing the terms of a pro|)osed Agreement for a mndus livendi during the present
si'al fishery season in Ik-hring's Sea, which I communiealcd at once hy telegraph
to the Manpiis of Salishury.
I have this day reccivinl a ri'ply from his Lordship, in which he transmits a iliaft of
tlic proposed Agreement, with certain modilications and additions,
I beg to indose a copy of il, and to roiiuest that you will he good enough to submit
it to your Government for their consideration.
I have, &c.
(Signed) JULLVN PAUNCEFOTE.
.12
Inclosuro 2 in No. 50.
Mr. Wharton to Sir J, Paunrrfote.
Fir, Dcpnrimcnl nf Slalr, Wiishinrjinn, JiineQ, 18!)1.
I AM (lircctcil by (lie President, in res])onse to your note of tin; Sth Juno, deiivoiod
this moniinir, (o suy tliat lie icjjrets tlmt iit tiio moment when the two Govcrnnionts
seemed to have leaehed an npfrecment in this matter, wliich is one calling for the utmost
])ro!ii])tness of .nction, now conditions should he suir^estvd liy Lotd Salishury. With the
nocejitancc of the proijosition snhmitted in my last note relating to permission to J5riti-.ii
ngonts to visit the seal islands, an nirreenunt had hem reached upon all tlic condition-
that had been previously discussed or suggested in (his connection. The I'resident dues
not object to the modification of his jjroposal suggested in the lirst Article submitted liv
you, for he assumes that the terms used, whih- nut as strong perhaps as those suggested
by this (jovcrnment, do fully comniit (lie (lovciiiment of (Ircat ]5ritain to prompt and
energetic measures in tiic repression of the lulling of seals by the subjects and vessels of
that nation.
The proposals submitted by you on the 3rd June con(ain this clause : —
"During the period above specified the United States' (Jovernnicnt shall have tlio
right to kill 7,'"iOO seals." Now ids I.ord.ship adds a most extraordinary and not
altogether clear condition (I quote): "to be taken on the shores and islands as food
skins, and not for t.ix oi shipment."
This new condition is entirely inadmissible, and, in (ho opinion of the President,
inconsistent with the assent already given by Her Majesty's (Joveriinient to the projiosi-
tion of the United States in tlmt behalf.
It had been particularly ciplainul in the correspondence that the lessees of the
privilege of taking seals ujion the islands assumed obligations to supply to the natives
the food and other tliins^s necessary fir their subsistence and comfort, and that liic
taking of the limited number of seals was not only to supply tlcsh to the natives, but, in
simie part, to reeomjx'nse the Company for fuini>hing other necessary articles of food,
clothing, and fuei. The President is surprised that it should now he suggesti;d that
none of these skins should he removed from the islands, and he cannot understand how
British interests can be promoted by allowing them to go to waste.
'J'lie previous communications of Her Majesty's Government had, in the opinion of
President, concluded this matter.
As to the third clause of your proposition, I am directed to say that the contentinii
between the I'nitcd States and Great I'ritain has relation solely to the respective rights
of the two (iovernments in the waters of Behring's Sea outside of the ordinary territorial
limits, and the stipulations for the co-operation of the two Governments during this
season have, of course, the same natural limitation.
This is; recognized in Articles 1 and 2 of your ))roposal, for you will observe that llio
obligation assumed by Her Majesty's (Government is to prohibit seal-killing in a certain
liart of I'eliring's Sea, whereas the oblig.ition assumed in the second Article by tlie
(Jovcrnment of the United States is to prohibit seal-killing in the same part of Bchriiig'.s
Sea, and the shores and islands thereof the jirojierty of the United States.
Tlie killing, therefore, of seals on the islands, or within the territorial waters of the
United States, falls only within the jirohihition of this (Jove-ninent. ]lis Lordshiii will
also see that it is altogeihcr beyond the power of the President to stipulate that an
ollence committed in the undisputed territory of the United States against its laws >lia]l
be triable only in the Courts of another nation. The extension of this clau.se (o the
territory and territorial waters of the Ciiited States, therefore, involves an insuiienililo
legal ditlieoity on our ])art, and a conccM^'on which no independent Government could he
expected to make. The mu'ual police which is to be stipulated for could not in the
nature of things apply to the (erri(orial wa(crs within the undisputed and cxclusiv.'
jurisdiction of either.
To (he four(h clause, which is in substance the same as the proposition made hy
this Government, no objection is interposed.
As to the filth clause, I am directed to say that the President regards the proposi-
tion to appoint a Joint Commission to investigate and report as to what Regulations or
International Agreements arc neces.sary to preserve the seal fisheries to be one of tlic
incident.-; of the Af;reement for Arbitration, iin-' to have no proper place here, 'liii-^
distinction seems to have been recognized by his Lordship, and liis proposal of such a
Con-.i.iission was made part of the separate note discussing the terms of arbitration
presented by you on the 3rd June, and has never until now appeared in the cone-
ands as fnoil
33
spondrnoe ndatinj; to ii idikIks vivrmli. The I'ro.sidcnt tliiiiks (ho fourth rliiusc, wliich
Ijhs been accc'pti'd, luako iiiiipli' incsciit jiiovi.sion, ln;t will i;ivc ii lull considiTalion to
tlic sUiT^rcstion of a .Joint ('oniini><sion in connection with tiie neirotiation for arliilration.
'I'o the sixtii and last cl.iiise, the l'rc.si(k'nt direct~^ in(,' to say tliiit so far as lie is
aware no vessel hearing- the Hii-sian Ihiir has at any time iiitrmied into the waters
descrihed in the i)ro])osed A^rreeinent. lie is entirely in syni]iathy with the expressed
desire of Lord Salislmry to secure such limitations as to the huntinir of seals in the whole
of liehriiiir's Sea as will preserve to mankind this valuable industry, hut he does not
think that an ai^rcement to unite in any joint note to IJussia should he interposed here
and at this time. Moreover, fiord Salisbury will perceive that, in the present state of the
American law. if Kussia slimild n-k for reciprocal action by this (!i)V(r:iment west of the
Treaty line, the I'resident would be confronted with the same ditlicully that prevented
liini i'rom extcndiii^^ the :\;,'reen)enl with llor Majesty's Governimnt to the whole of
]5elirini;'s Sea.
As th(^ I'resident understands, the adhesion of the two Govcrnmeius lias been iiiveti
in this correspondence to the followinir jirojiositions : —
" For the ])urpose of avoidini; irritatiiiir diiVerenecs, and with n, view to promote
friendly settlement of the (luestions jiendin;,' lielween the two Governments touchinj;
their respective rii.'-hts iu Heliriiii;'s Sea, and for the preservation of the seal species, the
followinir A;;reement is made without prejudice to the riijhts or claims of either jiarly :
" Article 1. Her .Majesty's (ioveriimeiit will iirohiliit until May next seal-kiliinif in
tliat jiart of Behrin-f's Sea lyiii;; eastwani of the line of demarcation described in
Article I of the Treaty of 1S(;7 between the Fnited Stales and Russia, and will prouiijtly
use its best efforts to insure the observance of this jirohibition by IJrilish subjects and
ves.sels.
" Art. '2. 'I'he United States' (Jovernment will prohibit seal-killiii;: fortlie same period
in the same part of lichriiiif's Sea, and on the shores and islands thereof the pro|;erty
of the United Stales (in excess of 7,.J0i) to be taken on the islands for the sub.sisteiicc
and care of the natives), and will jiromptly use its best efforts to insure the ob.servation
of this prohibition by United States' citizens and vessels.
"Art. •'>. I'-very vessel or jierson oll'eiidin^' airaiiist this prohibition in the said waters
of Hehrinu:"s Sea, outside of the ordinary territorial limits of the United States, may be
seized and detained by the naval or other duly commissioned otiieers of cither of the
ilii^'h Contractinir I'artii';;; hul they shall be handed over as soon a-- practicable to the
authorities of the nation to which they re-peciively belon?, who shall alone liave
juri.sdiction to try the offence and impose the penalties for the same. The witnesses and
pro<d's necessary to establish the ollenee shall al>o be sent with them.
"Art. 4. In order to facilitate such jiropor in(iuiries as Her M.ijesty's Govcrnniont
may desire to make w'th a view to the presentation of the Case of that Governmenl
before Arbitrators, and in expectation that an agreement for arliiiration may be arrived
at, it is a^reecl that suitable ]iersoiis desi;rnated by (Jreal I'ritaiii "ill he lurmitted at
any time, upon application, to visit or to remiiin upon the seal islands (iuriui;' the present
sealing' seiisou f'or that pur;>ose."
'the i'rt -idetit directs me to inr.irin you that the (iovernment of the Uiiited States
is ready to (include this .Vtrreemenl if it can be ]iiit into force immeiliately. 'J'lie value
of such an Au'rcemeiii, to tiie United .States is daily lesscninu-, and the I'resident
therefore feels that ho must ask that the negotiations be brought to a speedy determi-
nation.
1 have, &c.
(Signed) W.
WH.MM'ON.
iiiclosure 3 in Xo. 50.
.itioii made by
Sir J. Pduitcefulv Iu Mr. Hliartou.
Sir, H'ufliiiKjIon, June 10, ISOl.
1 HAVE the honour to acknowledge the receipt of your note of the ttth .Itiue,
delivered this day. in reply to my note of the Slli, iu hIiIcIi I transmitted, for the
consideration of your (ioveriinunt, the draft of the proposi'd .Agreement f'or a hhxIuh
viriiiili during the present fur-seal fishery season in jiehring's Sea, with certain modi ica-
tions and additions suggested t!;^rein by the Manpiis of Salisbury.
I have telegraphed ilu' suh>tance of your note under reply to his fjord^hip, and I
hope to be able to couununicute to you his ob.servatious thereon in the course ot
[5721 F
[84
to-iii()iT()\v or the tollnwinc: dixy. In the mcanwhilo, witli reloi-once to the complaint thai
now coiitlilioiis should liavo boeii suuffcstcil at this .s(a;,'o \>y Ijorci Salisljiiry, I would hci;
leavo to point out that all his Lordship's su;,'!;estioiis arc obviously dictated hy a dosiri'
to render tiie modus virnidi more eilectivc, ar.d to do all that is possible in the eoninioii
interest for tlie proteetion and preservation of the seal species durin;,' the present season.
In my liunihlc opinion, liiercfore, it is to be re^^retted that those suu:f;estions should not
have coniintniied theniselvos to the favounihle conNideralion of the President, 'i'hus,
the object of the ],roiiosed insertion in Article 2 o'' the words, " food skins, and not for
tax and shipiiient," which you ([ualify as e\traonliiiary, w.as not to ]ireveiit the ex|)ort
and sale oi' the 7.;">l'0 iood skins, of which the procemis were intended to cover tiie cost
of I'ood, clothing', fuel, and other necessaries for the natives. Its sole object was to stop
the injurious practice (d" driving and redrivinir the herds to the killing; j^rounds fur
selection, which is resorted to in the ease of seals killetl for " tax and shipment," and i<
stated hy experts to be the main cause of the depletion of male seal life on the islaiuls.
1 would refer you on this jjoint to the IJcpon of Special Treasury Aijent ("li. .1.
Gol!', laid before (.'onuress (l''.x. Doc. 4'.*),. pp. '2 and L".). Also to the l!ci)ort of Assistant
Treasury Aiient .hisejih .Murray, at ]). S, and that of .Vs^istant 'J'reasury Ai!;enl A. W.
].iaveii(ler, at p. [) of the same Con/^ressional I'ajier.
As rcjrards l^ord Salisbury's ])ropoNal of the .loinl f'ominission. it is by no means a
new one. It has loni;' been called for by public opinion in both countries. It was
inserted amonjj Ijord S.ilishury's last proposals for the Arbitration Airreement, in the
cxiieelation that the latter document would be si^'ued contemjioraneously w'th the
Agreement for a mndus vivendi ; but, a.s your (Jovcrnment is not pre])ared to hrin.;; the
arliitrslion neuotiation to a conclusion without further con.-ideration, and a.-, it is oi
the biu:lie>l iiiiporlanci' that the .loint ('oinniis.--i()n should be ap])oinU'd nl once, in order
to cTitrr upon its finictions durini; the j)resent lislicry season, Lord Salisbury has had no
alternative but to nrL;e the insertion of the Article providiii'.;- for a .loinl ("oniniissimi iti
the .Aiirecmenl for the imxhis vivvndi, of which 't should, in the o]jinion of Her Majesty's
Government, be a component part. The objection of the I'rcsident to that .\rlicle in
the Hindus virrndl appears to nie to create the greatest dilliculty which has yet jiresented
itself in the course of this nenotiation, and I earnestly hope that if Lord Salisbury should
be dis|)osed lo waive tiic other conditions to which exccjition is taken in your note, the
President will on his part accede to his J.ordship's wishes in respect of the Joint
Coniinissi(>n.
I have, &c.
(Sisnod) JULIAN PAUNCEFOTE.
Sir
Inclosure 4 in No. o(J.
Sir J. Pduuci'fulc Id Mr. Wliart'm.
Sir. Wdshhiijton, Jiaic 11, ISDI.
WITH reference to my note of yesterday, and e-^pecially to the coneludinir
pari (d' it, I have the Ixuiour lo inform you that I have this day received by teh'^-raph
from the Marcpiis of Salisbury a re])ly to the proposal for a landvs rirendi diirini;
the prc>eiit I'ur-seal fishery season in ISidiring's Sea contained in your note of tiie
'.Hh June.
His iiOrdship states that the President's refusal to ndojit his su^scslion with respect
lo Riiiwia renders the proposed modus rirnidi nuich less valuable, and thai he is reluctant
to abiimion the words which he In/l proposed for insertion in Article 2 in relation to the
reservfltioii of the ".Wi* seals to be kilL'd on the islanils.
.Severllndess, in view of the ur^rency of tlu' case, his Lordslii|» is ilisp()>ed I i
aulhori/.e me to si^n the ALneemeiit in (he preci.-e terms formulated in your note o{' the
!ltli June. iiri>vided the ipiesti(Mi of .-s Joint l'oiiinii--~ion be not left in doulil. ;iiid that yoai
(lovenimeiit will uive an assurance in .some form that they will (!oncur in a lel'eri'uce to
a .loint Coinmission to ascertain what permanenl measures are necessary lor the
preservation of the fur-seal species in the jSorthern I'acilic Ocean.
1 have; the honour, therefore, to inquire whether the {'resident is prepared to
u;ive that assurance, and, if so, I shall, on receipt of it, lose no time in eoinmiinicatinjc it
by telei;ra))h to Lord Salisbury, and in upplyiiij:' to his I.,ordship for authority lo sin'ii the
[jropo^ed Ayreenieiil.
1 have, &c.
vSigiicd) JULIAN PAUNCEl'X)TE.
(Telcii
ship '•
as he
to the
Sh()ul<
and tl
siibsei
her, I
and II
I
1
that p
m
Inclosure i5 in No. "»G.
Mr. WhiirloH In .S/r J. Pnuncrfote.
i^ir, Depnrlmvnt nf Statr, H'dshin/jlon. .hinr 11, 1M)1.
I lIA\"I-i llio Iioiinur to jieknowlod^e llio recuipt of vour note ol' to-diiyV late, and,
ill ro]ily, i am ilircclcil liy tin- ricsidcnt to. say lliat tlic (iovurimienl of tlic I'liitcd States,
iccomii/.iiii; ilic fact tlial fidl and adociiiatt- nK'a.suri's lor the prok'ction of -i^al lito should
embrace the wjiolu of Hiliiin^'s Sua and jiortions of llii' North I'acilic Ocean, will have
no hesitancy in aiirecini:, in connection with Her Majesty's (Jovernnient, lo tlie ajuioint-
inent of a Joint Commission to ascertain what iiermauent measures are necessary for the
jireservation of the seal s|)ecies in the waters referred to; such an Ai::reenient to
lie sij;ni'd simultaneously with the Convention for urhitration, and to he without iirejiidice
to the (jiK stion.s to ho suhinitted to tlii' Arl)itrators.
A fidl reply to your note of the J'.rd June, relating to tlic terms of arbitration, will
not he long delayed.
I liavc, &c.
(Signed) WILLIAM F. WHARTON.
No. HI.
Sir E. Malel Ic, the Marquis of Salisbury. — (Reciircd June 22.)
My Lord, Berlin, June 18, 1891.
Wrril reference to your Lordship's despatch of the ."rd instant, and to mine
of the 12th instant, I liave the honour to inform your Lordshi]) that liaron von
Marschall told me to-day that, he intends to puhlish in .i.e ollicial (iazctte a, translation
of the A;i;recment hetweeii I'.n^^iand and the rnited States in regard to the Ikdning's
Sea seal lishery, anil to accompany it with an injunction to German subjects to observe
its regulations.
I have, &c.
(Signed) E. B. MALET.
No. 58.
Till' Marijiii.t of Salinburii to Sir ./. Pnuncefote.
(Teiegraiiliic.l Foniif-} Ofli<c, Jui\'- 22, \f^'.\\.
\ I1A\'E iTceivi'd your tcleijjram of yesterday, containin;; a >ummary of the
instructions issued hy the I'nited Slates' (Invernnu'iit to their crui;ers tor carrying into
elPect the iiiiiiiurt rirmdi Agrcemenl in J'elirinu's .S^'a.
The iollowing are the instructions issued to the Senior Nav.nl ():licer of Iler
.Majesty's ships at !>((uiniak: —
He is to proceed with Iler !\raiesty's ship " Xympho " .■\nil Her Majesty's
.ship "I'heasant '• to Hehring's .Sea, to cruize to the eastward of the line of demarcation
as he may find necessary, and lo warn all iJritish ships which he may find acting contrary
to the .\;j;reenienl hel^een IIk- two ( lovernnients. and in ignorance nf its iii'ovisions.
Shoidd he lint! a ship deliheralely oll'endiiig, her .sralin^' eiiuijinieiit is to he conti.scated,
and the names of the ship and m.isler are to he •■ eordeil lor the pur[)ose of iirosecution
suhse(|uently. Should he liinl an American ship deliheralely oiieiidiiig, lie is to arrest
her. the names of the captain and vessel and proof of otfcnco are to he recorded,
and the American authorities are to he informed.
He lias orders to co-opiwatc w itli llie American cruizcrs.
Iler .Majesty's shii) '•i'orpoise" will ho also under his command, and has for
that purpose heun ordered to join him from the China Station,
[572]
F 2
• 36
No. 59.
Admiralty to Foreign Office. — (Receive I June 23.)
Sir, /lilmiraltii, June 22, I SOI.
MY Lords Commissioners of the Ailmiralty liavin;; reeoivod a copy of Sir J. I'aunce-
fote's tole^rapliic dosjiatcli of llie L'lst .liiiu'. IK'.ll, priviiipj tlie siilistaiico of the
instruction'^ issued hythe (iovernment of tlie United States to crui/.ers about to proceed
to l?ehrin2:'s Sea, and recpiestin!;; that a co])y of the British instructions may he sent, I am
commanded by their Lordships to tran>imit licreuith a eo]iy of the teie;;r,ipiiic instructions
sent to the Seni(,r Naval Ollicer at IiS(]uimalt on the Uith .lune.*
From this it will he seen that the tive clauses of Article 1 and four clauses of
Article 3 of " The Seal Fishery (I5chrin^'"s Sea) Act, 1S9L" Imve been telej,nai)hed in
full, together with the definition of the I{nssian-Americai\ lino of demarcaticm, with
additional instructions, as marked in red ink, in the margin of the inclosurc to this
letter.
Her Majesty's ships " Nymphe " and "Pheasant" will, under these orders, leave
Esqi nalt on or about the L'(jth instant, and will be joined by Iler Majesty's ship
" Porpoise," from China, about the 21st .luly.
I am, &c.
(Signed) EVAN MACGREGOR.
No. 60.
Council Office to Foreign Office. — (Received June 24.)
Sir, Council Office, Whitehall, June 24, 1891.
I AM directed by the Lord President of the Council to transmit to you the
accompanying Order of Her Majesty in Council of the 'i.'kd instant, entitled, "'I'he Seal
Fishery (Behring's Sea) Order in Council, 1891."
Directions iiave been given for the publication of this Order to-day in a Su])plement
to yesterday's "' London Gazette," and I am to re(juest that you will lay the same before
the Secretary of State for Foreign Ati'airs.
I am, &c.
(Signed) C. L. PEEL.
Inelosure in No, 60,
At the Court at Windsor, the 23rd day of .Tunc, 1801
Present :
The Quken's Most Kxcellent Ma,iestt.
Lord President.
Marquis of Srtlishurj-.
Ivul of Limerick.
Lord .Ariiinr Hill.
WHEREAS by " The Seal Fishery (Behring's Sea) Act, 1 >i'.)l ," it is enacted that Her
Majesty the Queen may by Order in Council probibil the catching of seals by Ihitish
shi])s in Bidiring's Sea, or such part thereof as is (lofincd i)y the said Order, iluring the
period limited by the Ordt'r :
And whereas the ex|)ression "Behring's Sea" in the said Act mean" the seas
known as Behring's Sea wiihin the limits described in an Order un<ler the said Act :
Now, therefore, Her Majesty, in virtue of the ])owers vested in her by the said
recited Act, by and with tlie advice of her Privy Council, is hereby pleased to order, and
it is hereby ordered, as follows : — -
i. This Order mav he cited as the Seal Fishery (Behring's Sea) Order in Council,
1891.
2. From and alter the 2 lib day of .Tune, is'.lj, until the Isf day of May, 1892, the
catching of seals by British ships in Behring's Sea as hereinafter defined is liereby
prohibited.
* See InclMure in Nn. 4-i-
3. For the purposes of tlie said recited Act and of this Order the expression
" llehrin^'s Sea " means so mucii of that jiart of tiie Pacific Ocean known as Hehring's
Sea as lies i)ot\vecn tlic parallel nf ()."» .'lO' nortii latitiido and the chain of the Aleutian
Islands, and eastward of the fullowini; line «i' diMnarcation, (hut is to say, a line com-
nencinf; at a point in Uohrinn's Straits on tlii' said parallel of (!">" ISO' north latitude, at
its intersection hy tlic nicridiiin which ]i;isscs niiduay iictwoen the Islands ol' Krnscnstcrn
or Innalook and the Island of IJatinanDlf or Nniintirhook ; and ])iocecdin;,' thence in a
course nearly south-west throujrli Jk-iirinj;'s Straits and the seas known as Hehring's
Sea, so as to pass midway h ■tween the north-west point of the l>lan(l of St. Lawrence
and the south-east puint. of (.'ape Choukotski to the meridian of 17'2 west lonnituilc;
thence from the intersection ef ihat nieridi.m in a south-westerly direction, so as to pass
midway hctwecn the Island of Attou and the Copper Island of tlie Konnandorski couplet
or group in the North I'aellic Ocean, to the meridian of ll).". west longitude.
(Signed) C. L. PEEL.
Xo. til.
Sir R. Mnrier In thr Miinjiiis of Siilisbunj. — {Received June 24.)
(Telegraphic.) St. Petershurgh, June 24, 18!)1.
I HAVE the honour to iiuiuire of your Lordship whether, hy the .'Jrd section of
the Agreement to pmliihit ihe killing ot seals in certain parts of the Bchring's Sea, the
two Contracting Parties are empowered to seize and detain vessels other than British or
American, as also persons otiier tiian American citizens or British subjects.
No. 62.
The Marquin of Salisbury to Sir G. Baden-Powell and Dr. Dawson.
Gentlemen, Foreign Office, June 21, 1801.
'rill'i Queen having hccn graciously ]ileased to appoint you to he her Commissionera
for the pur|)0se of inipiiring into the conditions of seal lite in Bchring's Sea and other
parts of the North Pacific Ocean, i transmit to you herewith Her Majesty's Commission
under the Sign .Manual to that cflect.
The main object of your iiKjuiry will he to ascertain, '• What international arrange-
ments, if any, are necessary hetwccn (^ircat Britain and the United States, and Russia
or any other Power, for the |)urpose of preserving the fur-seal race in Ikhring's Sea
from e.vterniination r"
Her Majesty's Government have proposed to the United States that the investigation
should he conducted by a Commission to consist of four experts, of whom two shall
be nominated by each (Jovernment, ami a Chairman, who shall be nominated by
Arbitrator; ,
H' the (Jovernment of tlie United States agree to this proposal, you will be the
Delegates who will represent (ireat Hritain in the Commission.
Viwi in the meanwhile it is desirable that you should at once commence your
examination of the (pie-tion, and that for that purpose you shotdd proceed as soon as
you conveniently can to Vanc(Uiver, trom whence the Lords Commissioners of the
Admiralty have been re<piested to provide for yeur conveyance to the various sealing
grounds and other ])laces which it may he expedient for you to visit.
Application has been mailc to tin' Inited States' (iovernment for permission for you
to visit tlie seal islands under their jurisdiction, and a similar request will be addressed
to the llu.ssian Oovernment in the event of your finding it necessary to visit the
Commander Islands and other Uussian sealing grounds.
Your attention should he p.irticnlarly devoted lo ascertaining —
1. 'I'he actual facts as regards the iillcgeil serious diminution of seal life on the
Pribyloff Islands, tin; date at which such diminution began, the rate of its progress, and
any previous instance of a similar occurrence.
2. The causes of such diniiuution ; whether, and lo what extent, it is attributable —
(a.) To a migration of the seals to other rookeries.
{h.) To the method of killing imrsucd on the islands themselves,
(c.) To the increase of sealing upon the high seas, and the manner in which it is
pursued.
3R
T need scarcely remind you thnt your investijjalion sho'ild be carriedj on with strint
imparfi.ilify. (iiat you sliould n»'j;;lict no '^ourrcs o\' inlorniation wliicli may bo likely to
.'is-iist you in iniivinn: at a sound ronclusinn, and liiat j^rcat care >iiouiil he taken to silt
tl;e evidence lliat is i)roui;lit hel'ore you.
:.-- It is e(|ualiy to the interest of all the (ioverunients coMtvrneil intiie sealinj;' industry
that it should he jiroteeted I'roiu all serious risk of extinction in consequence of the use
of wasteful aiul injudicious aielhoiis.
'r^fr You will he ]irovided with all the docmneulary evidence in the possession ni' this
Depnrluienl which is likidy to he of assi-i:in<-e to you in the prosecutiDu of ymn- iu(|uiiv.
Mr. A. I'roude has hecn ai>])ointeJ to he your Secretary, and will accoin]iaMy you on
your lour.
Separate despatches will he addressed to you with regard to the expenses of your
mission, and the form in wjiich your correspondence wiiii iliis ()fiie<- shoidd be conducted.
I am, Sic.
(Signed) S.VLISUURY.
No. CiS.
[Sir J. Pauncrfote to tfic Marquis of Salisbury. — (Received June 25.)
My Lord, JCnxhinglov, .June 10, ]S01
Wri'TT reference' to your Lordship's teleirram of the lyth instant, authoriziujj
me to sign the Agreement for a modus rivntdi in IJehring's Hea, and inslrueting inc at
the fanu' time to record that 1 signed it on the clear umlerslanding that the Commission
of Fxperls would he aijjjointed without delay to visit (he seal islands, I liave now the
honour to transmit to your Loroship a copy of a note which I addressed to the
Honnuialile William AVhiirlon, Acting Secretary of State, in the above sense, as well as
ft copy of his reply thereto.
] have, &c.
(Signed) JULIAN PAUNCEFOTE.
Tnclosure 1 in No, 08.
Sir J. Pauncpfotr to Mr. Wharton,
Sir, Washington, June 13, 1801.
I [,()ST no lime in telegraplnng (o the .Marcpiis of Salisbury the contents of your
note of tlie llth .Tune, couvcving the assent of your (Jovi-rnnient to the a])pointnient, in
connection with ller Majesty's Government, of a .loint Commission I'or the ]>urposes
mentioned in my note to you of the same date, such Agreement to he signed simid-
tnneously with the Convention for Arbitration, and to be without prejudice to the
questions to he submitted to the Arhilralors. 1 iid'ormcd his Lordshi]), at the same
time, that in handing me (he iu)te under rei>ly you had assiu-ed me that the President
was anxious that tin Commission shoidd be a]ipointed in tiuu' to commence its work this
season, and (liat your Covernment would, on that account, use their utmost elforts to
expedite (he signature of the Arbitration Convention.
I now have the honour to inform you that 1 have this day received a telegraphic
rc])ly from his T^ordship, in which, while convt\irig to me authority to sign the proposed
Agreement for a innrlus viinuii contained in your note of the i)th .hme. Lord Salisbury
desires me to place on record that it is signed by me on the clear understanding that the
Joint Commission will be apjM,inted without delay.
On (hat understanding, therefore, I shall be prepared to attend at the State
Dcparlment, for the purpose of signing the Agreement, at such time aa you :nay be good
enough to appoint.
I have, &c,
(Signed) JULIAN PAUNCEFOTE,
39
Inclosurc 2 in No. 63.
Mr. Wharton to Sir ./. Pdiiiiccfote.
Sir, Department of Slate, Washington, Jiuir l.'i, ISDl.
TIIH I'rositlcnt directs mo to say, in rcsjionse to your note of this date, that Ills
assent to the jiiopositioii i'or a Joint f'oninii>sioii, as expressed in my note of the
'.)th June, was ^-iven in tiie exiici'talion llial hnlii (Idvi'mimnts woidd use every jjroper
elfort to adjust the reniaiiiini;- ])oiMls dt' diUcvcnee in tiic ucncral correspondence relating;
loarhitration.and to afrree upon llie delliiite terms of a siibndssion, and of the appointment
of a.Ioint ('oniniissinn, wiliiniit niiiieccssarv delay.
He is tjlH'l thai an aurcenieiii has hiially heen readied for tlic ]icndinu; season, and
I lie^- to say that, if you will call at the Department at ]<) o'clock on Monday next, I
will lie ;;lad to put into writiii'r and ^ive formal attestation to the viodun viienili which
lias heen agreed upon.
I have, &c.
(Si-ned) W. F. WHARTON.
No. tJ4.
X/r ,/. Pdnncefoti: to the Marquis of iialinljuni. — {Received June 25.)
My liOrd, Washimjton, June IG, Ib'Jl.
I II.W'I". the lionoiir lo transmit here vitli co]iy of the Aicreemeiit for the modus
lii'pndi ill lielirinu's Sea, which 1 .-.iirned yesterday in aecordanee with tlie instructions
oontaiiieil in your i.ordsliii)'^ I'Kvram of llie I l(ii in>iant.
1 will forward the orij;inal Agreement bv iieM mail.
1 have, &e.
(Si-ned) JULIAN PAUNCEFOTE.
Inclosurc in No. (11.
Agreement between the (Jovernment of Hit llrilannic Majestij and the Government of the
United Slates for a .Modus Viveiuli /// relation to the Fur-seal Fisheries in Behriny's
Sea.
FOR the purpose (>f avoiding; irriiatinn; diilercnces, and with a view to promote the
friendly settlenvnt of the (niesiions pending hetween the two Governments touching
their respective righis in Heliriiig's Sea, and for the preservation of the seal species, the
following Agreement is made without ]ireiiidiee to the rights or claims of either pirty: —
1. Her Majesty's Uoverimieiit will jirohihit, until May next, seal-killing in that part
of H(diring"s Sea lying easiward of the line of ilemarcaiion descrihed in .Article I ot the
Treaty of ]sij7 hetwem the United Stales and Kiis^ia, and will pron!;,i y use its best
ellbrts to insure the observance uf this proliiiiitioii li\ I'ritish subjects avfi vessels.
■J. The United Stales' (iovernnieiu will prcdiibit seal-killing for the s^mmc period in
the same part <il' ISehring's Sea, and on the shores and i^b.vds thereof the property of
the United Slates (in excess of 7, •">('(.) to be taken on the inlands for tli' '".slisistence and
care of the natives), and will [)r()iiii)tly use ils best r1b>rts to insure the obser-. mce of this
prohibiliiin liy United States' cili/.eiis and vessels.
;i, liVery vessel or person oHending against this proliiliition in the said waters of
Dehring's Sea outsidr' of the ordinary territorial limits of the United States may be
sei/.ed and detain 1 by tiie naval or other duly commissioned ollicers of eilluT of the
High Contracliiig Parties, Iml the,\ shall be handed over as soon as jjraetieable to the
authorities of the ii.ition to "hiciriliey resii'_'elively belong, v,ho shall alone have jurisdic-
tion to try the ollonce and impose the [lenalties lor the same. The .Un.. and proofs
necessary to establish the oilence shall also be sent with them.
4. in order to facilitate such proiier impiiries as Her ^lajcsty's Governineui may
desire to make, with a view to the iireseiilation of the Case of that (Jovernment before
Arbitrators, and in expectation that an Agreement for arbitration may be arrived at, it is
agreed that suitable persons designated by Great liritain will be permitted at any time,
upon ajiplication, to visit or to remain upon the seal island.s during the present sealing
scasou tor that purpose.
40
Signed and scaled in duplicate at Washington, this 15th i\i\y of June, 1H!)1, on
l)ehaH' of their respective GoverniiKMits, Iiy Sir Jiiliim I'linncel'ote, (J.C'.M.d., K.fM!.,
llcr Uritaiinic Majesty's ICnvoy Kxtnidrdinary and Minister I'lenipotenliary, and William
F. Wharton, Acting Secretary of State of the United States.
(Signed) JULIAN PAUNCKFOTE.
WILLIAM F. AVILVUTON.
No. 05.
Sir J. Pauncefole to the Marquis of Salisbury. — {Rcceirod June 25.)
My Lord, Washiinjtov, .June Ki, ]S!)l.
Wri'H reference ' my telegram of yesterday's date, I have the lionour to
transmit herewith to your Lordship copy of the i'roclaination wiiicli lias heen issued hy
the President giving etlcti to the Agreement for a riinilus i-ifendi in Hehring's Sea for the
I)rescnt season.
I liave, &c.
(Signed) .lULIAN I'AUNCEFOTE.
Inclosurc in No. 66.
Modus Vivendi respecting the Fur-'«'fil Fisheries in lieh ring's Sea.
By tue Pkesidest of tui: Umtku Statics of AMiiuicA.
A Prorlatnntion.
WHEKEAS an Agreement for a ynndus rivendi hctwcen the Ciovernment of the
United States and the (iovcrnmenl of Her Iiritannie Majesty, in relation to the fur-seal
tisheries in Hehring's Sea, was eoncluded on the loth day of .Fiine, in the year of our
Lord 1891, word for word as follows : —
"Agreement between the Government of the United Stales and the Governiiicnt of Her
Britannic Majesty for a Modus Vivendi (;i relation to the Fnr-i:ral Fisheries in
Behring's Sea.
" For the purpose of avoiding irrilatinir diflerences, and with a view to promote the
friendly settlement of tiie questions pending hclween the two Governments touching'
their respective riiihts in Hehring's Sea, and tor the preservation of the seal si)ecies, the
following Agreement is made "ithoul i)icjiuliee to the rights or claims of eitiier party.
"1. Her Majesty's (iovernment will piojiihit, until .May next, seal-killing in "liiat
part of Hehring's Sea lying eastward oi' the line uf dcmaicatinn lUscrihed in Article i of
the 'I'reaty of 18(i7 hetween tiie I'nileil Stales i\nd Kns>ia, and will promptly use its best
fflbrts to insure the observance of this ])rohibition liy Hritisli siili'iects and vessels.
"2. The United States' (Iovernment uill prohibit sral-liilling iVu the same period in
the same jiart of Hehring's Sea, and on the shores and islands thereof the jjroperty of
the United States (in e.\cess of 7,50U to be taken on the ishuids for the subsistence and
care of the natives), and will pronijitly use its best ell'orts to insure the observance of tliis
prohibition by United States' citizens and vessel.s.
"3. Every vessel or person oli'ondiiig against this prohibition in the said waters of
Behring's Sea outside of the ordinary territorial limits of the United States may be
seized «ud detained by the naval or other duly coniinissioiied ollicers of either of the
High Contracting Parties, but they shall be handed over as soon as practicable to the
authorities of the nation to which they respectively belong, who shall alone have jurisdic-
tion to try the offence and impose the penalties for the same. The witnesses and proofs
necessary to establish the oifence shall also be sent with them.
"4. In order to facilitate such jirojjcr inquiries as Her J\Iajesly's Government may
desire to make, with a view to the presentation of the Case of thai Government before
Arbitrators, and in expectation that an Agreement f<ir arhitratioti may he arrived at, it i^
agreed that suitable persons designated by Great Hritain wdl be juirmitted at any time,
upon application, to visit or to remain upon the seal islands during the present sealing
season for that purpose.
41
"Signed and Hcalcd in duplicntc at Washington, thin 15th day of June, 1801, on
behalf of tlicir respective Govcnin ■ utw, by William V. Wharton, Acting Secretary of
State of the United States, ami Sii Julian Paiincefote, G » .M.G., K.C.I?., Her Britannic
Majesty's Envoy Extraordinary and Minister Pleni|"i(nntiary.
(Seal) "William F. Wharton.
(Seal) "Julian Pacncefotb."
Now, therefore, be it known that I, lienjamin Harrison, President of the United
Slates of America, have caused the said Agreement to he made public, to the end that
the same and every part thereof may be observed and fulfilled with good faith by the
(Jniicd Stales of America and the citizens thereof.
In witness whereof I have hereunto set my hand and caused the seal of the United
States to be alii.xcd.
Done ut the city of Washington, this liith day of Jtinc, in the year of our Lord
1891, and of the Independence of the United Stales the lliJth.
(Seal) (Signed) BENJ. HARRISON.
By the President :
(Signed) William F. Wiiauton,
Acting Hecrelary of Stale.
No. 1)0.
Sir J. Pauncefolp to the Marquis of Salisbury. — {Received June 25.)
(Telegraphic.) IVashington, June 25, 1891.
YOIJR Lordship's telegram of the 2nd instant : Behring's Sea arbitration.
I have this evening received the following note from the Acting Secretary of State : —
[Sec Inclosure in Sir J. Paunccfote's despatch of the 2Gth .Tune : Inclosure in
[So. 82, infra.]
No. 67.
The Marquis of Salisbury to Sir R. Morier.
(Telcgrnpliic.) Foreign Office, June 25, 1891.
IN reply to yonr telegram of yesterday, I haye to inform you ih.it tiie Agree-
ment for a modu.s tii-enrli in Behring's Sea is only applicable to the subjects or citizens
of the two Contracting Powers.
General jurisdiction over the whole region specified in the Agreement has been
claimed by tfc United Slates, but this claim has been disputed by Her Majesty's
Government.
No. 68.
The Marquis of Salisbury to Sir J. Pauncefole.
(Telegraphic.) Foreign Office, June 26, 1891.
SIR GEORGE BADEN-POWELL is waiting to start on his mission to inquire
into tlic conditions of seal life in Behring's Sea, and the season is running out.
You should urge the United States' Government to give the necessary permission
to the British Commissioners to visit the Pribylotf' Islands without delay.
No. 69.
Sir ./. Pauncefole to the Marquis of Salisbury. — (Received June 26.)
(Telegraphic.) Washington, June 26, 1891.
THE State Department have informed me, in reply to the inquiry which I have
made, in conformity with the instructions contAincd in your Lordship's telegram of
[672] G
43
to>day's dntc, tliat the formal permission to Ucr Majesty b Commissioners to land on
the Pribylofr Islands -.nil l)c sent to me fo-dnv.
I propo.se to send thin permission to Coiisul-Goneral liookcr, airi li> ii-^tjii. I. liiin to
delivir it to Sir George JJadcn-i'owoil ininicdialely on the arrival of tiio luller in New
York.
No. 70.
Sir J. Pauneefotf to the Marquin of Salisbury. — (lieceived June 23 )
(Telegraphic.) Washimjion, June iiO, 1891.
WITH reference to my telcc^ram of (o-dny, I have just reeeivcd the formal
permission fi)r the Commissioners to visit the seal islands. It consists of a h'tter from
the i\ctin!:; Seeretary of the Treasury to Mr. Williams, (he Special -Aijent in eliarf,'e of
the seal fir^heries, instrueting him to nllord !Sir (!. l'ii«ell and I'rofessor !)awsoii the
facilities desired to cnahlc them to aceoniplish the ohjcct of their mission as defined in
Article 4 of the modus riveniH of the 15th instant.
No. 71.
The Marquis 0/ Saliiburt/ to Sir J. Pnuncefote,
Sir, Forrign Office, June 20, 1891.
I HAVE received your despatch of the 12tli instant, iiidosiuf,' copies of corre-
spondence witli the State Department relative to the Agreement for a modus vivcndi in
Behring's Sea.
Tour notes to the Actinjj Secretary of State on this subject are approved hy Her
Majesty's Government.
1 am, &c.
(Signed) SALISBURY.
No. 72.
The Marquis of Salisbury to Sir J. Pauncifole.
Sir, Fnrflrjn Office, Jane 20, Iftni.
WITH reference to your telegram of (he L'lst instant, and to my reply of the
22nd instant. I transmit licrewith. for your information, and for communication to the
Government of the United States, a copy of the tele;;ia))hic in.-itruetioiis sent to the Senior
British Naval Officer on (he North Pacllic Station with regard to the steps to be taken
to prohibit the killing of .seals in certain specified portions of Uchring's Sea.*
I am, &c.
(Signed) SALISBURY.
No. 73.
Sir J. Pnuncefote to the Marquin of Salisbury. — {Received June 27.)
(Telegraphic.) W'asliliiytoii, June 27, 1891.
AVITH reference to my telegram of the 2otli instant, relative to the Behring's Sea
arbitration, I venture to submit, for your Lordship's consideration, the following clause
dealing witii the (juestion of compensation, in.stead of that jiroposed by the Acting
Secretary of State in his note of the 2i-)th : —
"Aiticlo 7. Either Government may submit to (he Arbitrators any claim for
compensadun which it may desire to i)refer again-t tin' other Government, in respect ot
any losses or injuries, in relation to the fur-seal fishery in Behring's Sea, for which such
other Government may be legally liable.
"The Arbitrators shall decide on the legulify of every such claim, and if it .shall be
cstabli-hi li, they may award such compensation as in their judgment shall seem
equitable."
If the above meets with your |Lordslii])'H approval, may I sound the United States'
Government as to whether tiiey are prepared to accept it r
* Incloiure in Ho, 44.
48
No. 74.
The Marquis of Salisbury to Sir G. UaderfPowell and Dr. Dawson.
Gcnd.Mncn, Foreign Office, June 27, 1891.
I IIAVR to inform you thnt a tolcijnim lias I)ocn rcreivud this morning from Her
Mnjesty's Miiiistor at \\ iisliinj^'ton slating tli.it lie has rccfiveil tin- roniuil pormissioti of
the tJovoriiincnl of tho UiiiU'il Stati's for ^our visitiiii,' tliu sual islamls in IJciiriiig's, l:?ca,
under Article 4 of tii'- inntliis viivmli A^^reonient si^^neil at Washinj;tcn on the
15lh instant.
It consists of a letter to the fiovernnieat A^^'iit in charge of the islands, directing
him tc ftlfiird yon every tacility in the aceomiilishinent of yoiir mission.
Sir .lulian raiiiicefote jiroposes to forward this letter to the care of Her Majesty's
Consul-CJeneral at New Yor!;. fir <lolivcTy to the Hritisli Coniinissioncr, who is expected
to arrive there per stcani-shi|i " Ktruria " about the 1th July.
I am, &c.
(Signed) 8ALr8BURT.
No. 75.
Sir R. Moritr to the Marquis of Salisbury. — {Received June 29.)
My Lord, St. Petersburyh, Jane 19, 1891.
M. I)E flIERS Jiavinn^, when T was at his country place Sunday week, promised to
let me liavc an .nnswer on the suhji'Ct of the Hehrin^r's Sea seal fisiieries in the course
of last week, an<l Saturd^^^' havin;; conic without my receiving a reply, I wrote an urgent
letter to his ICvcelleiicv ^iilurday nijjht, reminding him of his [iroinisc.
On Monday I learnt his Excellency was coming up to town, and on V.'cihiesday I
called at the foreign Ofiiee to incjuire wlietiier any decision had heeu coine to. I
pointed out to his Excellency that your Lorilship's last proposal communicated to him in
my note of the -tith May (Idlli .June) seemed to me to have much siniplilied matters,
and that 1 regretted tiiat there seemed so little prospect of a decision heing (.•ome to by
the linperial (iovernment. His Mxcellency said that ho regretted more than he could say
that he had not as yet succeeded in ohtaining an answer from the Minister of Domains;
he had in a large measure come up from Finland to see what could he done by personal
discussion with M. ()strovsi<y and the Representative of the Ministry of Alarine — that
Department having started ditiicullie; as to the sliijjs that would be required to enforce
the arrangement, and he had arranged a meeting for this jjurpose that evening.
I did not .sec M. do (Jiers prior to his n turn to Finland, but M. Shislikinc, whom I
saw to-day, told me that the question had been referred to a Committee, consisting of
himself as RL>pre--.cntative of the Minislry for Foreign Affairs, M. Wyslmiakoff, the
llndei -Secretary of the Minislry of Domains, as the Representative of that Department,
and Admiral 'ritiichelf as the Repieseutative of tiie Minislry ol' Marine.
He promised to let me know as soon as the result was come to, but as yet 1 liave
heard nothing from him. He wa.-i himself, no less than M. dc Gicrs, most strongly in
favour of Russia's joining in the proposed aclion not only for the sake ot .'i year's close
season, Inil beeau>e, if the Uussiau (Joveriinienl did not join with us and herself enforce
a clo.se season, the sealing boats driven out from the waters to the cast of the line of
1807 would all swarm westwards and make war on Russian seals. The present dilHculty
seemed to he that the Ministry of Marine refused to provide the coals necessary for the
n;ival operations ; light eruizers would not sulfice ; one large inati-of-war at least wi h' be
recpiired to accompany the eruizers, and act as a central jioint from which to di; l the
operation; of the latter, but this wmild require her to be continuously under .steam for
several months, and this was an expense which at present they were not prepared to
meet, but he had every hope that the matter would nevertheless be settled in a satis-
factory manner.
I have, &c.
(Signed) R. B. D. MORffiR.
P.S. Jiiitr 24. — I have not yet heard from M. Shishkine, and having called
at the Ministry to-day, which is the ordinary day of reception, I did not find his
Excellency in.
R. B. D. M.
[572J
G2
No. 76.
Sir J. Pauncefotf to the Mar<iuu of Salisbury.* — (llt'ceiied July 2.)
My Lord, W'nshintjton, June 21, 1R!U.
WITH reference to my tclegrniti of this day's date, fiivina; a sumniiiry of the
instructions issued by the I'nited Slates' Navy r)e)inrtineiit in jjursiinncc of iho
Agreement between Ilor Mnjcsty's Gnvcrntnent and the I'nited States' (Jovcrninent for
ft modus viinuli in Helirinft's Sen, I luive now the honour to transmit to your Iiords)ii|> ii
copy of the note wliieh I received from the Actin<; Secretary of State, communicatins
the above-mentioned instructions,
I have, &c.
(Signed) JULIAN I'AUNCEFO I'E.
Inclosurc 1 in No. 76.
Mr. Wharton to Sir J. Pauncefote.
Bir, Department of Stall', Wnshiiujiiii nr 20, 1891,
I HAVE the honour to transmit to you herewith copies of flie in-- .'tionstliat have
been issued by tiic Secretary of the Navy in pursuance of the IVoclaniation of the
President, of the 15th .June, 181)1, relative to the modus rivcudi respecting the fur-seal
fisheries in Behring's Sea.
This Government would be pleased to receive, in exchange, copie.-i ot such instructions
as may be issued by Her Britannic Majesty's Government on the same subject.
I have, &c.
(Signed) W. F. WHARTON.
Inclosuro 2 in No, 76.
Mr. Tracy to Mr. Wharton.
Sir, Navy Department, Washington, June 19, 1891.
I HAVE the honour to transmit herewith a <.opy of the instructions which have been
issued by the Navy Department in pursuance of the Proclamation ot the President of
the 15th Jur , 1891, containing the modus viiendi, with a view to their exchange, should
it be decme desirable, for a copy of such instructions as may be issued by the British
Governmen ; n the same subject.
Very respectfully,
(Signed) B. F. TRACT, Secretary of the Navy.
Inclosure 3 in No. 76.
Mr. TraCj lO Commanding Officer of United States' Steamer " Thetis," San Francisco,
California.
(Telegraphic.) Washington, June \t', 1891.
PROCLAMATION of President closing Behring's Sea has been telegraphed to
Collector of Port of San Francisco. Make immediate application for copies as soon as
received; proceed with "Thetis" to Sand Point, Popoff island, distribute the Proclama-
tion among the sealing vessels. Warn master of each vessel to whom you may deliver
Proclamation that name of vessel has been taken, and that vessel will be liable to captun.'
if found to have been or to be sealing in Behring's Sea east of the line of demarcation ;
after notice, furnish all United States' and British vessels of war and revenue-cutters with
lists of vessels warned. Remain in neighbourhood of Sand Point until receipt of further
instrnctions, which will be sent by " Marion." Receive on board and transport to Sand
Point C. H. Bullard, Deputy Collector of Customs, but do not delay sailing on his
account.
* SubiUnce ulegraphed.
45
Inelosurc I in No. 7'
18!U.
of the
of the
iicrit for
nlsliij) II
nioutin'r
Mr. Tracu to Commandinij OJflrer of United filnte.i' StPiimrr " Mohican," San Frnnritco,
Califorjiiii.
(Tt'lotrrnphic.) " IVdnhimiton, Juw; IS, \fi[)].
()]Vr\\\ iinmcdiiiti'ly frnni Coll color of Ciistoins, Snii Fiam-iNco, priiittvl co])ies of
President's i'roc'lnniiiliim in refcienct; to Ik-liiinp's Sen. On rceeiiit of sut'li copies
jiroeeed witii all dispiilcli to the vicinity of llu! Pril)yi(ili' Islands, .St. I'ftul and St. Geor;;c.
.S'otifv all Atnerican and 15iiti-.li pir-ons inid vessels you meet of the Procliiimtion, and
(five tlieni eopies of tlie ^anie. Warn all [lerscns and vcsroIs of either nationality
oiifiajjed in sealin;; in I'ldirin^r's J^ea ea.st of the line of diinarcation. as shown on
Hydro;;rapliic Oftiee Chart .No. (.•*, to leave those waters forthwith. Make entry of
wnrnin;,' on re;iist{'r or Ir);^ of sealer. Seizt> any .Ameriean or Kritish piisons and vessels
found to he or to have heen enj;a;,'ed in scalin;:, after notice, within the prohibited waters,
and hrin;;: or send them in cliai;;e of a sullieient force to insure delivery to nearest
convenient port of their own country, totfether with witnesses and prools, and there
deliver thcin to proper odieer of Court in said port. Send, at least, the master of
the seized vessel, her mate or hoatswain, all her ear;fo, and sucli of her crew as you deem
safe, in the seized vesse' At time of seizure, draw up declaration in writiufr, showinj;
condition of seized vessel, place and date ol seizure, gixiii;,' latitude and lon;;ilude, pnii
circumstances showitif; jruill. Si;;!) declaration, and send with sliiji's papers and seized
vessel to ollicer of Court. I'eliver to master of seized vessel si^'ned and certified list of
l)a|)ers •iniud on hoard. Ofiicer in eharj;e of seized vessel \>iil, at time of delivering;
vessel' ipers to (.'ciurt, si.L-n a ccrtilicaie stating any elianges that may have taken place
in resp. ct to vessel, crew, or carjio, since seizure.
Keep a list of all vessels towhicii notice of Proclamation has been given, and furnish
till United States' and Pritish war or revenue vessels with copies of list.
Pcfore siiliny; get order from .Alaska Commercial Company, San Francisco, to coal
at Unalaska.
After two weeks' cruizing in neighbourhood of Prihylolf Islands, rendezvous at Sand
Point, Popoll' Islands, one of the Simmagin group, with " Tlietis" and " Alert," and await
there further instructions by " .Marion."
Furnish copy of this order to Commanding Olliccr of "Alert," and direct him
to comply with it.
Inclosure 6 in No. 76.
3/r. Tracy to Commander Cotton, commanding United States' Steamer " Mohican,"
San Francisco, California.
(Telegraphic.) IVnshington, June 16, I89I.
U>J'riL furtl'.er i- structed, you are placed in command of all United .States' vessels
of war cruizing in the neighhourhood of Ik'liring's Sea, and you will distribute the force
in such manner as in your judgment will best enable yon to comply with the orders of the
Department, and the requirements of the President h I'roclamation. Instruct vessels
under your command to send all seized persons and vi ssels to Ounalaska, to which point
chartered steamer will be sent from San Francisco witu marine guard. Steamer will be
at your disposal. Instructions have been sent to revenue-cutters to turn over persons
and vessels seized by them to you at Ounalaska. Utilize the chartered steamer to the
best advantage to assist in executing the Prodanuition, and to band over as soon as
practicable all seized persons and vessels to authorities of nation to which they respec-
tively belong. Orders directing "Thetis," "Alert," and " .Mohican " to rendezvous at
Sand Point revoked, "Thetis" will jirocoed to Sand Point as directed to distribute
Prochunation and give notice, and will proceed thence to Ounalaska inunediately after
departure of British steamer, whicli visits Sand Point about 1st .July to bring home coast
catch of seal. " Mohican " and " Alert," after cruizing two week.s, as previously directed,
in Rebring's Sea. will rendezvous with "Thetis" at Ounalaska instead of Sand Point.
" Marion " will sail later, and join your command at Ounalaska at about same time. Has
" Thetis " already sailed? If so, you must communicate with her at Sand Point, where
her orders of yesterday directed her to await your arrival. On receipt of this order,
proceed immediately to Ikdiring's Sea with •' Thetis," " .Mohican," and " Alert."
Telegraph departure.
No. 77.
Sir ./, Piiioicpfotn to the Marquis of Salisbunj. — (Rereircd July 2.)
My 1.01(1, n'li.iliinijinti, June 22, 1891.
1 ITAVH tlie honour to inclose, with referenco to ])r<!vioiis oorrespondcnce on
tlie siil)jo(;t of the oio'/i's' rircnili in Bchrinij's Sea, co|)y of a protest, as pul)lished in the
"Washington l'ost"of the 20th instant, wiiifli lias been lileJ by the Noith .\merican
ConinuTi-ial I'oiiipany with the 'I'reasury Department ai^ainst (he i'resident's I'rocla-
iiiation liniitiniT the catch of the Company for the current year to 7,'"»0U seals, and
for which indemnity is daimeil. 'riiis protest also contains a claim by the Coni|)any lor
an indemnity acjainst the United States on account of losses incurred durin;; last year's
fishery season by reason of their operati(tns on* the islands having been brouu'iit to ii close
on the 20tli duly before ihc expiration of the sealing season, by order of Mr. (iolf, the
.ted States' Agent.
1 likewise have the honour to inclose a cutting from the " New York Times,"
commentiug on this protest of the Company.
I have, &c.
(Signed) JULIAN PAUNCEFOTB.
. Inclosure 1 in No. 77.
Extract from the " Washington Post " of June 20, 1891.
THE North American Commercial Company, through its attorney, Judge N. L.
Jeffries, filed the following protest with Acting Secretary Spaulding, of the Treasury
Department, yesterday : —
"Sir,
"The North American Commercial Company, of San Francisco, California, the
lessee of the right to take fur-seals for their skins on the Islands of St. i'aul and
St. (ieorge in .\laska, for a period of twenty year.-- from the Ut May, IHSO, respectfully
represents :
" 1. riiat it has at all times since the execution of -aiil lease, in cn'ery ])articular,
faithfully ijcrformcd the stiuulations and coinenants of the .same, and has strictly
observed the law in regard thereto, and obeyed the regulations, orders, and directions of
the Secretary of the Treasury relating to the same; thai it is doing so now, and
will continue to do .'^o in the future.
"Said Company further rejjresents that previous to and at the time of the letting of
.•said Contract the Secretary of tlie 'I'reasury, by public advertisement, assured said
Com])any that it would he permitted to take niider said Contract on ^aid islands a ipiota
of (!t),000 seal-skins during the year 181)0, and said Company, relying n|)ou tluit
assurance, Buhmitted its bid for said privilege and made its estimates upon that ha>is, and
agreed to pay to the United States a sum three times greater than paid by the former
lessee for said privilege, which proposal was accepted i)y the United States, and a lease
was thereupon executed and delivered in accordance with said proposal submitted hy said
Conijany in response to said advertisement.
"That thcreupoii said Company, under directions of the Secretary of the Treasury,
purchased from the former lessee, the Alaska Commercial Company, its plant, property,
and fixtures on said islands, including a large number ol dwelling-houses for the native
inhabitant'^, .-dso warehouses, storehouses, salt houses, mcreliandizc, goods, provisions,
hoats, and implements, and paid therefor a large sum of money. Said Comjiany at the
same lime purchased a largo stock of supplies, provisions, goods, and merchandize for the
wants of the inhabitants of the islands, and chartered a steam-ship at great cost for the
purpose of transporting said supplies from San I'rancisco to the seal islands, a distance of
over 2,000 miles, and to bring back to San Francisco the 00,000 seal-skins, which, by its
said Contract, it had been authorized to take during the season of 18U0, and lor
which it incurred a great expense.
"Said Conijiany further represents that, in violation of the terms and stipulations of
said Contract without good cause therefor, and without any assertion or pretence by
the United States or it.-i Agents that said Company had been derelict or at fault
in any respect, the United States compelled said Company to cease taking seals
on the 20th day of July, 18'JO, when the sealing Beasou had not expired, and when Hoid
47
Company had obtained only one-third of tlie quota of seal-skins whirh by law
and (lie (einis of said Contract it na^ .•niUiorized lo tnko, and tlien and tliere proliibited
said Company from taking- any additional number durinu; -aid year, on aeeoimt of ;vhieli
said Company sustained a loss in the sum of 400,000 dollars.
" Said Company tnrther represents that at the time it wiiB eoni])elled to stop
Irikint;; seiils at said island.^ it earnestly jirotcsted a^ijainst sueli action by the United States,
and has eontiiiued to protest, and now ajjain submits its formal protest against the action
of the United .States in preventing; it from takin;;- its (piolaof seal-skins it had a right to
take by lav; and by the terms of said Contract. And said Com])any rospeetfully suhinits
that it is justly entitled to receive from the Uinted States such a stnii as will compensate
it for the loss it has sustained on account of the action of the United States, as
:i foresaid.
"'^. Said Company further re]>rcsents that, acting: under the authority of law and
liie provisions of said lease, the ^'ecr^■tary of the Treasury, on the 1 iUh day of April, I8'.)l,
determined and fixed liic cpiota of seal-skins which said ( 'ompan; would bo i)ermitted to
lake on said islands, accordin:;- to the jjrovisions of said Contract, during the present year,
at ()0,0G0 skins; and that, relyiuj upon that assurance, said Company again purchased a
large stock of suiiplies to (he amount of (!,'), 000 dollars, and chartered a steamer at great
expense to transport said supplies t(> the seal islands for the maintenance of the
native inhabitants, and to bring to San Francisco the Gi»,000 seal-skins which it had been
autliorized to take during the present season.
"And now, said Company having been notified by the Secretary of the Treasury
that it will not be i)erniittcd to take its said quota of 00,000 seals during this year as it
is authorized to do by its said Contract, and by the express direction of the Secretary
aforesaid, and it respectfuily eiders its protest against such action by the United States,
and gives notice to the Honourable (he Secretary of the Treasury that it will claim to be
reimbursed by the United States to (he full amount of the loss it may sustain by reason
of its being jjrohibited by the United States from taking its full (juota of fiO,O0f* seal-
skins during the year 1891.
"3. Said C(<mpaiiy further represents that in providing for the maintenance and
education of the inhabitants of the Islands of St. Paul and St. (Jeorge aforesaid, it has
expended i large amount of money, to wit, the sum of l.jO,000 d')llars, for which it has
not been reimbursed in any part, and said Company has been assured by the Secretary
of the Treasury tliai; the I'tiited States will licpiidate the account so cxi)ended by said
Conijiany, including as well he price of suifplies and cost of schools, medicines, and medical
attendance during the }ears IS'JO and ISOI. Said Cumiiany will be obliged to hereafter
demand of the Uni'ed Stales the full amount so expended.
" Said Company rcsj).-ctfully invites the attention of the Secretary of the Treasury
to the fact that the (slviids of St. I'aid and St. (!eolgo in Alaska belong to and are in
the undisputed possession of the United States ; that the right of tliis Gc.vernment to
dispose of fur-seals born on said islands lias never been (piestioned. This being so, said
Company as'-ume.s that the right of the U'liited States or its lessee to take fur-seals on
said island '. within our unquestioned jurisdiction is beyoiul dispute, and not subject to
(|Uestion or interference by England or any other foreign State.
"The right of this (iovernmeut to take fur-seals on its own territc<ry is not one of
ihe questions (o be submiited (o arbitr.ation, and has no relation lo the contention
between the tuo countries. In that dispute Great Britain affirms and the Unitetl States
denies (he right of Ijiglish aiiil Canailian ipoachers to slaugli(er fur-seals in 'our
part' of Behring's Sea, and this Company respectfully insists that the Agreement
between the two (lovernrnimts set forth in the President's Proclamation, in so lar as it
jirohibits said Company from taking its lawful quota of seal-skins, is in contravention of
the vested right.s of this Company, and subjects it lo great loss,
"If it may be assumed, as England has asserted, and this Government has denied,
that the eastern portion of Rehriun's Sea is not the marine territory of the United
States, but is the ' high seas,' the Ccunpany respectfully submits that it is not compc'(ent
'or (Jreat Briiain and the United States alone or for any other two (iovermnents to
determine who shall be peiuiittcd to navigati these wateis, or to lucdiiliit lishing or
taking seals on the high seas; and the Company lespeetfully points >iul to the Honourable
the Si'cretary of liie Treasuv) that its right-s ha e been overlooked by said Agreement
iict ween the two (Jovernments, in that it deprives the lessee from taking seals which it is
aulhori/ed to take by law and its Contract with the United States, thereby intlicting a
severe loss upon said Company, in order to obtain the consent of i-^iiglaiid to arbitral j the
question as to tlie right of Canadian jtojicliers to destroy the seal industry by pelagic
sealiug."
48
Inclosure 2 in No. 77.
Extract from the "New York Times" of June 20, 1801.
TiiKCoMMF-uciAliCoiiiPAXT ruoi'ESTS. — TlicXdrtli American CDiiinicrcial Company
lias entered its protest against tlio assent of tlie United Stales' Government to the
closed season for sealing in Belirintf's Sea, and has •i.iven notice that it claims to he
indemnified hy the Government for its losses not only for this year, hut last year, in
having; the niimher of seals that it was ))crmitted to take nnder its Contract cut down.
It is evident that the Company which, took the lease of tlie sealing privileges of the
Islands of St. George and St, Paul for a term of twenty years from the 1st May, 1890,
1ms a rather hard Ijargain. It is l)ound to incura considerahlc expcn-e in maintaining
the natives, without reference to the nuniher of sldiis taken; and it invested quite a
large amount in the "])hint" and property purchased Irom its predecessor. The
preparation of eacli season's work is, of course, an expensive matter.
The terms of the lease give the Secretary of the Treasury discretion in determining
Ihe numher of seals that may be taken each season. Last year the nuinher was fixed at
00,000, but, on the 20lh July, the operations of the Company were stopped by the
Agents of the Government, when only a little more than one-third of the allotted
number had been taken. This year the Secretary of the Treasury again, on the
13th April, issued an order permitting the capture of 00,000 seals, and preparations
were made by the Coni])any accordingly, IJut under the closed-season Agreement the
number has been cut down to7.">00, .suthcient merely to cover the cost of maintaining the
natives, Xow the Company claims that the (Government had no right to reduce the
number after it had been once fixed for the year nnder the contract of lease, and it will
claim to be indemnified for its losses. It says that the loss last year was 100,000 dollars,
and, of course, it will be much larger this year. besi'!. > this, tJie Company asserts that
it has expended 150,000 dollars in the maintenance and education of the natives, which
should he reimbursed. It seems likely, therefore, to have a nice little claim upon the
Government for l,00i>,000 dollars or more.
The Company, through its counsel, has some remarks to make about the inter-
national and jurisdictional aspects of the case, which are sheer iin])erlinenee. .'\s to its
legal claims, not being familiar with the exact terms of the Contract, we shall not under-
take to pass an opinion, Ajjparently, the Secretary of the 'i'rcasury assumes that his
discretion to fix the number of seals to bo taken from year to year, and to supervise and
regulate the killing, includes the right to reduce the number at any time during the
season, while the Company denies this. But one thing is very dear, if it was found
necessary last year to stop the Company's operations in .July, when only '.: 1,000 seals
had been taken, it was very poor jiolicy tliis year to fix the limit again, before Ihe season
opened, at 60,000, and that, too, after the ijrojiosal for a closed >eason had been made and
negotiations were on foot for giving it effect. iOoes it not look as th;nigli the Govern-
ment itself had preimred the way for this claim lor a large indemnity in case an
Agreement for a closed season should be made? Is not this protest another step in Ihe
process of laying the basis for a 'laim upon the Guvemmenl e(|uivalcnt to the profits of
a full sealing season of which the order permitting a catch of 00,000 seal.'? was the fiist
step ? If so, it may be that Mr. HIaine, by his delays and his influence, succeeded in
doing his friends of the North American Commercial Company a very substantial service
after all.
No. 7>^.
Sir J. Pauncefote to the Marquis of Siilishunj. — {Receired July 2.)
(Extract,) Washington, June 23, 1801,
Wrril reference to your Lordship's telegram of yesterday's date, containing the
instructions issued to the British crui/.crs in Belning's Sea, I have the h'/nour to inele-^e
copy of a Memorandum which I this day personally delivered to the Acting Secretary
of State.
49
Inclosure in No. 78.
I Company
?nt to llie
linis to bo
st yoar, in
t cut down.
!<rc.s of the
May, 18'.)0,
niiinlaininf^
ted qiiite a
ssor. Tlic
Ictormininf;
,vas fixoil at
pcd by the
he allotted
lin, on the
jroparations
■cement the
itaining the
reduce the
, and it will
,000 dollars,
as.serts that
itives, which
im u))on the
t the iutcr-
. .\s to its
II not under-
ics that Ilia
upervisc and
B during t'lf^
it was found
^ 1,000 seals
e the season
jn made and
the Govern-
in ease an
r stej) in the
lie profits (if
was the first
.succeeded in
intial service
Memorandum,
THE following instructions have been issued to the British Senior Naval Officer at
I''si|uiinalt : —
He is to proceed to Behring's Sea with Tier Majesty's steani-sliips " Xymphc " and
" Plieasant," and cruize to the eastward ot the line of demarcation mentioned in
Articles 1 and 2 of the modus vivrncli, warning all British vessels found .acting in
ignorance of the prohibition.
He is to conli.scate the scaling equipment of any Britisii vessel found deliberately
offending, recording her name and the name of her master, for prosecution afterwards.
He is to arrest any American vessel found deliberately offending, and record her
name and the name of her captain, together with the proof of the offence for which she
is arrested, informing the United States' cruizers.
Her Majesty's ship "Porpoise" will be ordered from China to join the other ships
under his command.
Her Majesty's Government are of opinion that there s'lould he an understanding
between the two Governments for mutual indemnities.
A cruizer of one nation arresting a vessel of the other can only be justified in doing
so as the agent of such other nation, and should therefore act in tliat (iharactcr.
Uer Majesty's Government therefore suggest that the two Governments should
agree to indemnify each other in respect of any nets committed in pursuance of such
agency by the cruizers of one nation against the vessels of the other in e.>;ecntion of the
modus livendi.
No. 79. ■ • - ■
Sir J. Pauncefote to the Marquis of Salisbury. — {Received July 4.)
(Telegraphic.) Washinglon, July 4, 1891.
I HAVE the honour to inform your Lordship that Mr. Wharton, the Acting
Secretary of State, has addressed to mo a note stating that the President is about to
designate two persons to visit the Behring's Sea for the purpose of examining all
questions connected with seal life in that sea and the adjacent waters. Mr. Wharton,
therefore, proposes that arrangements should he made to have the Agents of the
respective Governments go together, so that they may make their observations conjointly.
He awaits suih communications as Her Majesty's Government may desire to make on the
subject.
Mr. Wharton informs mc by word of mouth that the Agents whom the President is
about to appoint will bo nominated as members of the Joint Commission, and as he
presumes that the same course will he followed by Her Majesty's (Jovernmcnt with
regard to Sir G. Baden-Powell and .Mr. Dawson, tiie object of tlie proposal is that all the
members of the Joint Commission should have the advantage of making the necessary
investigations and inquiries in the course of the present seal fishery season.
I await instructions from your Lordship as to the reply I should address to the
United States' Government.
No. 80.
)
2.^ 1801.
)nlaining tlio
ur to incliisc,
ing Secrcliiry
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreir/n Office, July 5, 1891.
I HAVE received your telegram of ycsterd.iy, forwarding the proposal of the
United States' Government that the in(iniries respecting seal life in Behring's Sea should
lie conducted conjointly by the British and United States' Commissioners.
Her Majesty's Government have already chartered a shii) to convey the British
Commissioners, and they could not now cancel the enga;::'.Mnent. Instructions will,
however, he sent to the British Commissioneis to eo-o|>erate as much as possible on their
arrival at the seal islands with the American Coinniissioners in their inquiricis into the
matters to be investigated.
[5,2J
60
No. 81.
Sir J. Paunccfole to the Marquis of Salisbury. — (Received July 6.)
My Lord, Wiixhiuyloii, June 2C,, ISfll.
IN my tck'pi'.im of tlic 15tli inslanl. I bad the honour to r('i)ort the signature
of the Agreement between Her Majesty's Government and tliat of tlic Uniled States for
a modus vivendi during tlie present fur-seal fishery season in Beliring's Sea, and I added
that F was awaiting an appointment to proceed with tlic discussion of tlie terras of
arbitration.
Imuicdiately after the signature of tlie modus vivendi, I had requested the Acting
Secretary of State (the Honourable William Wharton) to appoint an early day for
resuming the above negotiations, and lie promised to use .all expedition for that
purpose.
The next day (the 16th) Mr. Wharton invited me to call at the State Department,
and to my surprise informed me that the President was compelled to devote the next few
days to other urgent matters of Stated and had made arrangements to leave Washington
immediately afterwards for his sea-side residence at Cape T.lay, but that he would return
on the 23rd, and would be prepared to proceed with the remaining subjects of
negotiation.
I expressed my concern at this unexpected delay, which I feared might prevent the
appointment of the Commission in time to commence its labours during the prcKcnt
iishery season. 1 reminded Mr. Wharton of his assurances that the President «as
anxious to expedite the conclusion of the Arbitration Convention in order that the Joint
Commission should not lose this season, and I strongly urged that he should obtnin
authority to proceed with the negotiations during the aiisence of the President, whereby
a whole week might be (*aved .nt a time when every day gained would be of imporlance.
Mr. Wharton promised to report my observations to the JVesident, and 1 called
again at the Department of State on the 18th in the hope of obtaining a favourable
reply to my proposal, but I was informed that my re))reseiitations had been of no avail,
and that the President would not consent to the negotiations being resumed until his
return from Cape May.
The President returned to V/ashiiigton on the 23rd, and on the followipg day I
called on Mr. Wliarton to urge the immediate resumption of the negotiations. Ho
promised to see the President at once on the subject, and yesterday evening I received
from him the official note of which I at once telegrai>lied the substance to your Lord-
ship, and of which a copy is inclosed in my se])arate despatch No. Ill of this date.
In that note Mr. AVharton submits, on behalf of the President, the text of two new
clauses in the proposed Arbitration Convention with reference to the questions of an
international close season, and of the claims for compensation, and also proposes a foim
of a separate and contemporaneous agreement for a Joint Commission.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 82.
Sir J. Pauncpfote to the Marquis of Salisbury, — (Received July G.)
My Lord, W'ashini/lon, June 2(>, 1891.
WITH reference to my telegram of yesterday's date, I have the honour to inclose
herewith a copy of a note which 1 received yesterday evening from the Acting Secrelarv
of State, in answer to the Memorandum (see my despatch of the 5tlj June) which 1 eom-
municateJ to him on the fird instant in conformity with the iii.structions contained in
your Lordsbiii's telegram of the L'nd instant, on the subject of the Ik'hriiig's Sea Arlii-
tration.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
61
Inclosure in No. 82.
Mr. Wliarlon to Sir J. Paiincefote.
Sir, Waxhiiiijloii, June 25, 1891.
THE correspondence between tliia Government and that of Her Majesty has liappily
resulted ia an Afircenient upon tlio first five propositions whicli are to constitute the basis
of a proposed Arbitration relatinj^ to th'j controversy which lias arisen as to the respective
rijiilits of the two (Joverninenis in Ikhring's Sea.
In liie note of Lord Salisbury of tlie 21st February last he states his objection to the
sixth proposition, as presented in the letter of Mr. Blaine of the 17th December, 1800, in
the following words : —
" The sixth question, which deals with the issues that will arise in case the contro-
ver.sy sliould be decided in favour of Great Britain, would perhaps more fitly form the
substance of a separate reference. Iler Majesty's Government have no objection to
referring the general question of a closed time to arbitration, or to ascertain by that
means bow far the enactment of such a provision is necessary for the preservation of the
seal s|)ecies, but such reference ought not to contain words appearingjto attribute special
and abnormal right in the matter to the United States."
r am now directed by the President to submit the following, which he thinks avoids
ihe objection urged by Ijord Salisbury : —
" No. G. If the determination of the foregoing questions as to tiie exclusive juris-
diction of the United States shall leave the subject in such position that the concurrence
of Great Britain is necessary to the establishment of ileguiations for the proper protection
and preservation of the fur-seal in, or habitually resorting to, the Behring's Sea, the
Arbitrators shall then deierminc what concurrent Regulations outside the jurisdictional
limits of the respective Governments are necessary, and over what waters such Regula-
tions slio\dd extend, and to aid them in that deterniination the Report of a Joint
Conmiission to be a[)i)ointed by the respective Governments shall he laid before them,
with such other evidence as either Government may submit.
"The Contracting Powers furthermore agree to co-operate in secuiing the adhesion
of other Powers to such Regulations."
In your note of the Srd instant you proposed, on bohalt of Her Majesty's Govern-
ment, Ihe following Additional Article : —
" It shall he comiietent to the Arbitrators to award such compensation as, in their
judgment shall seem c(iuitable, to the subjects and citizens of either Power who shall be
shown to have been damnified in pursuit of the industry of sealing by the action of the
other Power."
The President cannot give iiis assent to this form of submitting the question of
compensation. It entirely omits notice of the important fact, that the Government of
the United States, ;is the owner of the seal fisheries on liic I'ribyloll' Islands, has interests
wiiich have been injuriously aflected by the pelagic sealing of which complaint has been
made in tiiis correspondence.
This Government has derived a very large annual income from this property, and
this income has, in the opinion of the Presitlent, been very seriously imi)aired and
imperilled by the destruction of the seal in the sen while passing to and from the
breeding grounds on these islands. The Government of Her Mnjesty has directly
interposed to supjiort the Canadian sealers, and will not, the President assumes, desire to
avoid responsibility for any dania;.;es which have resulted to the United States or to its
citizens if it shall be found h} the Arbitrators that the jnirsuit of seals by these
Canadian ve-sels in the sea was in i. li'Mction of the rigiits and ati injury to the property
of this Government. The propos'il submitted by you distinctly limits the liability of
Her Majesty's Government in ca> -jf a decision in favour of the Uniteil States to com-
pensation to the citizens of this country.
It will be apparent to Lord Salisbury that whatever damage's have resulted from
pelagic sealing as pursued by vessels Hying the British flag have accrued to the United
States or to its lessees. The President does not di-ubt that the purpose of Her
Majesty's Government in the ))roposal under discission was to seciu'c to the party
injured equitable compensation for injuries resulting from what may be found by tiie
Arbitrators to have been the unlawful and injuiious act of either (Government.
From the note of liord Salisliiry of the 2 1st I'Vbruary, to wiiicii reference has
been made, I quote the following:—
"There is one omission in the^e (luestions which I have no doiiht the Government
of the President will be very glad to repair, and that is the reference to the Arbitrator
[572] . H 2
62
of the question what damages are due to the persons who have been injured in case it
shall be determined by him that tlie action of the United States in eeizing British
vessels has been without warrant in international law."
I am directed by the Tresident to propose the following 7th and final clause in the
basis of arbitration : —
"7. It shall be competent to the Arbitrators to award such compensation as in
their judgment shall seem ciiuitable to the sui)jccts or citizens of Great IJritain whose
vessels may have been seized Ijy the United Slates in the Hetiring's Sea, if such seizures
shall be found by the Arbitrators to have been nnwairnnteil, and it shall also be
competent to the Arbitrators to award to the Uisiteil States sneh compensation as in
their judgment shall seem e(|uitable for any injuries resulting to the United States or to
the lessees from the Government of the ])rivilege of taking seals on the Vribyloti'
Islands, by reason of killing seals in the Hehring's Sea by jjcrsons acting under tiie
protection of the Hritish Hag ()nt>i(leof the ordinary territorial limits and since tiie 1st day
of January, 1880, if such killing shall be found to have been an infraction of the rights
of the United States."
It being understood that an arrangement for a Joint Commission is to be made
contemporaneously with the conclusion of the terms of arbitrat'^n, I am directed by the
President to propose the following seiiaratc agreement : —
"Each Government shall appoint two Connnissioners to investigate conjointly with
vhe Commissioners of the other Government all the facts liaving relation to seal life in
Behring's Sea, and the measures necessary for its proper protection and preservation.
"The four Commissioners shall, so liir as they may bo able to agree, make a joint
Keport to each of the two (Jovernnients. and they shall also report, either jointly or
Bcverally, to each Government on any [loiiits u|)on which they may be unable to agree.
" 'i'he Keports shall not be made public until they shall be submitted to the
Arbitrators, or it shall appear that the contingency of their being used by the Arbitrators
cannot arise."
I have, -ic.
(Signed) AVILIJAM F. WIF.MITON.
No. S3.
Sir G. Baden-Powell to the Marquis of Salislntry. — {Received July G.)
(Teleijrapliic.) July G, 1891.
IN my opinion it is essential that in order to avoid delay I should take with me to
the North Pacific (^cean a permission from the Russian Goveiimient to visit their islands
should it seem necessary to do so.
I should be glad if it could he sent to me, if possible, by post on the 7tlj instant.
No. 84.
Tiie Marquis of Salixburij to Sir J. Pauncefote.
(Telegraiihic.) Foreign Office, July 0, 1801.
IIER Majesty's Government njiprove the wording of the 7th Article respecting
compen.salion in the j)rop()sed Arhitruiion Agreement suggested in your telegram of tlie
27tl) ultimo. They have been awaiting the assent of the Canadian Government, which
has now been given.
Her Majesty's Government accejjt the (itli Article as i)roi)osed by the United States'
Government, and communicated in your telegram of the L'5th ultimo.
No. So.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received July 0.)
(Telegraphic.) Washington, July C, 1891.
WITH reference to telegram from the Foreign Office of the Gth instant, are the
terms of agrcimient as to the Joint Commission referred to in my telegram of the
25th ultimo accepted Ity Her Majesty's Government ?
53
, No. 80. . •■
The Marquis of Salisbury to Sir G. Badnn-Poiiell and Dr. Dawson.
Gentlemen, Forciyn Office, .hihj 7, 1*^03
I 'J'RANSMIT bercttith, for your information, paraphrases of tolcfjrams wliicli have
passed hutwccn Her Majesty's Minister at Washinijjton and this Departmeid,* relative to a
proposal made by the Government of the United Stales timtthe Coniinissioners appointed
liy Her Majesty's Government and by that of the United States to visit Hehring's Sea
for tile purpose of exaniininj^- into tlie conditions of seal life should do so together, so as
to make their observations conjointly.
You will already have been informed of the contents of these telegrams by the
Governor-General of Canada, to whom they have been repeated by telegraph. In
accordance with the assurance given to tiie United States' Government, I have to
request that on your arrival at the seal islands you will as much as possible co-operate
with the Commissioners appointed by the Government of the United States to inquire
into tbia subject.
I am, &c.
(Signed) SALISBURY.
^0. 87.
Colonial Office to Foreign Office. — {Receiced .July 8.)
Sir, Downing Street, .Juli 1, 181) I.
I AM directed by Lord Knutsford to transmit to you, for the information of the
Marquis of Salisbury, the inclosed " Supplement No. 1 to tiio Annual Report of the
Department of Fisheries," which has been received from the Govcrnor-Genoral of
Canada.
I am to request that you will call his Lordship's attention to the passages relating
to the seal fisheries contained at pp. 182-4 of this volume.
[ am, &c.
(Signed) JOHN BEAMSTON.
Inclosure in No. 87.
Extract from Supplement No. 1 to the Annual Report of the Department of Fisheries.
FisuEKiES Statemekt-s and Inspectors' Reports for tue Year 1890.
[Printed by order of the Canadian Parliament.]
Marine Furs.
Tile value of the marine fur products is 510, 111 dollars, l)eing an increase of 157.061
dollars over the past year, due to the following causes: — An advance of 1 dollar per
sitin in the price of fur seals, an increase of 11,181 skins in the catch, and an increase of
3,200 in the catch of liair-seais.
I append a schedule, showing the detailed catch of the scaling lleet for the season of
1890:— •
Nos. 7!) aii.l 80.
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Retdbn showing Fur-Scals caught by Foreign Vessels and ilisposed of in Victoria,
British Cohimbia.
1
Niinic of Vr■^(•l. N:nn<' of ()*viicr.
t
Number of
l?aM(l Point
Culeh.
Niini' cr ()f
Belirin;; Sea
Cauh.
Tot;i!
N'umlxT.
Mnttie T. Dyrc . .
San Diego
Geo. R. While ..
Harry Davia . . . . . .
Venture
Adcle
Araericnn
Dilto ..
Ditto . .
Ditto..
Ditto . .
German
7^
220
579
400
1,50U
564
431
74
57U
400
1,500
564
051
Total ..
291
3,464
3,768
It will he noticed that the names of vessels and owners arc given, together with the
tonnage, as in previous reports, while the number of boats and canoes is kept separate
and the total values given. The value of vessels comprises tlie fit-out with firearms,
ammunition, &c., when prepared for a hunting voyage.
The calcli of seals lias been divided into three classes, viz. —Spring catch, Siind
Point catch, and liehring's Sea catch. The Spring catch comprises the seals c.iptured
after tiie vessels have left Victoria, say the It February, bunting as for south as Lower
California ; Sand Point catch includes the skins taken oif the west coast of Vancouver
Island; and the Bebring's Sea catch those killed in Behring's Sea proper. It will be
noticed that the two fiist-nanied kinds exceed the Behring's Sea catch by 3,'J17 skins,
and, as is usually the case, I learn from dealers that the percentage of grey pups is larger
in the Sand Point catch than in that of the Behring's Sea.
On comparing the schedule with that of 1889, it will be seen that the sealing fleet
was increased by six vessels; and, from present outlook, there will likely be a much larger
increase during the coming season. 1 understand that there have already been purchased
three American, a Japanese, and five Nova Scotia schooners for this trade. The names
of the Nova Scotia vessels now on their way arc — " Union," " Geneva," " Maud S,"
" Otto," and " Annie M. Paint," besides a steamer recently fitted up for the same
purpose.
I was informed that the seals in Behring's Sea changed their feeding.grounds last
season from the south-west to the north-east of St. George and St. Paul's Islands, the
large catches being made at the north-cast end. The cause of this change is said to be
on account of submarine volcanic eruptions, which drove away the feed from the banks.
I understand that Customs Collector Alilne, of Victoria, has given a detailed Report on
this fishery, and there is no need of my dwelling further on it. As I am situated here,
and so seldom able to visit Victoria, I find it extremely difficult to get reliable
information.
' No. 88.
The Marquis of Salisbury to Sir R. Morier.
(Telegraphic.) . . Foreign Office, July 6, 1S91.
IT is thought hy the two Commissioners whom Her Majesty's Government are
sending to investigate the conditions of seal life in the North Pacific Ocean and
in Behring's Sea tliat, in order to complete their inquiry, it may be necessary for them
to visit the seal islands belonging to Russia. One of the principal reasons for their
doing 80 is that they will have to ascertain how far the alleged diminution in the
number of seals is merely due to tbeir emigration to other rookeries.
I have to request you to apply for the necessary permission to the Russian Govern-
ment, and it is desirable, if possible, that before they leave Vancouver the Commissioners
may be able to receive tlie permission by telegraph. Their names arc Sir George BaJen-
Powell and Professor Dawson, A steamer has been specially chartered for them in
which they will visit the islands.
66
No. 80.
•S/V J. Paunce/ote to the Marquis of Salisbury. — (Received July 9.)
My Lord, ' n'ashimjton, June 27, 1891.
WTl'H n-fcri'iicu to my despatch of tlio 23r(l instant, I havu the honour to report
that I ImvL' recoiveil a communication from the Slate Department, dated yesterday,
inl'orniini; mi; that the Memoraniluni, copy of which was inclosed in my despatcii nhove-
mentioned, relative to tiie instructions given to Her Majesty's vessels in Behring's Sea,
was immediately connnunitatgd to the United States' Navy Department for their
information.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 90.
The Marquis of Salisbury to Sir J, Pauncefote.
(Telegraphic.) Foreign Office, July 9, 1891.
IN reply to the inquiry contained in your telegram No. 97, of the 6th instant, I
have to inform you that the terms of Agreement as to a Joint Commission, contained in
your telegram of the l,'5th ultimo, arc accepted by Her Majesty's Government.
No. 91.
The Marquis of Salisbury to Sir R, Morier, ' -
Sir, Foreign Office, July 9, 1891.
I TRANSMIT herewith, for your Excellency's information, copies of a despatch
from Her .Majesty's Minister at Washington,* inc osing the Agreement signed at
Washington on the 15th ultimo between Her Majesty's Government and that of the
United .States for establishing a viodus vivendi in relation to the fur-seal fisheries in
Behring's Sea.
I am, &c.
(Signed) SALISBURY.
No. 92.
Colonial Office to Foreign Office. — {licceived July 10.)
Sir, Downing Street, July 9, 1891.
I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis
of Salisbury, n paraphrase of a telegram from the Governor-General of Canada respecting
the suggestion that the members of the Joint Commission should proceed to the islands
together.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
Inclosure in No. 92.
Lord Stanley of Preston to Lord Knutsford.
(Telegraphic.) _ {Received July 8, 1891, 4,-20 p.m.)
THI] follow ing message was sent to-day to Sir J. Pauncefote: —
" 'i'hc Prime Minister of Canada suggests that the United States' Government
should be inl'oniied that the British Commissioners are ready to start, and hope to leave
Ottaua en tlie 10th instant.
"Will I'nitcd States' Commissioners accompany them?"
• So. (U.
67
No. 93.
Colonial Office to Forciijn Office. — {Received July 10.)
Sir, Dovmlmj Street, July 9, 1891.
WITH rcfV'icnce to the letter from this Department of the 9lli instiint, I am
directed liy Lord Kniit.sford to trnnsmit to you, for tlie iiiformntioii of the MarquiH of
Snlisljury, a C()|)y of a fele<;ram wliifli he has Hi-iit to the (iovernor-Gcncral of Canada
respcctinf; the siij^postion tliat the Hritish ond United StatuH' members of the Joint
Commission of Expert.s sliould proceed to Behrin^^'s Sea together.
I am, &c.
(Signed) EDWAUD WIUGFIELD.
IncIoBurc in No. 93.
Lord Knutsford to Lord Stanley of Preston,
(Telegraphic.) _ Downintj Street, July 0, 1891,
WE have no ohjeclion to Commissioners of United States' Government accom-
panying Britis!) Commissioners, who should proceed in vessel chartered for them without
avoidable delay.
No. 94.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, July 10, 1891.
THE Secretary of State for the Colonics communicated to me the telegram sent to
you by the Governor-General of (.. anada on the 8th instant, suggesting that the United
States' Commissioners should accompany the British Commissioners to Behring's Sea.
Her Majesty's Government have no ol)jection to the proposal, but the British
Commissioners must go in the ship which has been chartered for them, and should not
postpone their departure.
No. 95.
Sir J. Pauncefote to (he Marquis of Salisbury. — {Received July 10.)
(Telegraphic.) IVashimjton, July 10, 1801.
With reference to your Lordship's telegram of the Oth instant on the suliject of
Behring's Soa arbitration, I have sounded the United States' (iovernnieiit unoiriciaily on
tiie subject of the new clause No. 7 respoclinLj damages, which I submitted to your
Lordship in my tclograin of the l.'Tth iiIiii.,o,
Before arriving at any decision on tliis suliject. the President wishes to be ollicially
informed of tiie precise grounds on which Her .Majesty's t^Jovernmcnt object to clause 7
as proposed by him. \\ ith your Lordship's approval, 1 |)ropose to inlorin him that Her
Majesty's Government are of opinion that in a case like the present, it is unusual and
inexpedient to make use of terms providing that coniiiensation nhall be awarded on an
hypothetical state of facts, and thus prejudging the ([uestion of liability ; that, further,
they consider that the (piestion whether any legal lialiilily arises out of any particular
state of focts is a matter which should be adjudged upon by the Arbitrators after
discussion iieforc them. Her .Majesty's (Jovenmient would therefore propose that, in
order to place i)otli Governments in this resjiect on the same footing, a new clause in
the form submitted in my telegram of the L'7tb June should be substituted for clause 7
as jiroposed by the President.
I have the honour to request that I may be infonned as soon as possible as to
whether the above reply receives your Lordship's approval.
[572]
Bf<
No. !)tj.
Colonial Office to Foreign Ol/ice. — {IteceiveU July 1 1.)
Sir, biiwnimj Slrrrl, Jiili/ ](i, IKOl.
I A.M (iirc'cted by Lord Knutsford to ncknowledj^u the ri'd-ipl of your lettor of tho
Sill instant, inclosinu; ii iiarajilinise of a tcleijirain of tlio (illi instunl from llcr Miijusty's
Ambassador at St. l'clerslmri;ii ndaliiij^ to the Iteliriny's Si'a ((iiostion.
In ro(tly, I niii to state, for the information of tlie Mnr(iui« of Salisbury, that Lord
Kuutsl'ord is of ojiinion that, in foiisiderin^ whetlier tiie Russian proposals should be
accepted, it siiould be borne in mind that, unless the United States ajj;ree to them also.
United States' sealers would be free to catch seals to the west of tiie line of demarcation
in the Treaty of iHtJT, >.o that the asBciit of Her Majesty's (Jovernment would appear to
be necessarily conditional upon the agreement of the United States.
1 am, &c.
(Signed) EDWARD WINGFIELD.
No. 'J7.
Sir R, Morier to the Marquis of Salisbury. — {Received July 13.)
(Extract.) St. Prlerslmnjli, .July 7, I8'.)l,
I HAVE the honour to transmit to your Lordship herewith the inclosed copy of a
note, dated tlie 1 tth (lilith) .Tune, in which M. de Giers replies to n)y two notes of the
-3rd May (tth dune) and '_'!)th May (lutb June), transmitted in my of the lOlh ultimo.
Owing to some accident in transmission, which is not yet exi)lained, this note only
reached my hands yesterday. In it M. de Giers ])oiiits out, in relercnce to my second
note, that it would be diflicult to accede to i>ro]iosilions the otficial text of which is not
known to him otherwise than througls the public news[)a[)crs, and whicli have been
brought to his notice by one only of the two Contracting Parties. Nevertheless, tlie
Imperial Government would i)robal)ly see nothing in the way of prohibiting Russian
subjects from bunting seals to the cast of the maritime line of l^OT if Her Majesty's
Government, in a spirit of just reciprocity, would etjually prohibit British subjects from
fishing to the west of that line. The cruizers of both countries eoidd, in that cu.se, be
authorized to stop on the high seas En .'-"iio,!! and ]{ussian subjects alike found contravening
this arrangement in the waters of the iiehring's Sea and the Okhotsk.
The note closes by the signiii'tant iiiiit ;hat, under any circumstances, the (iovernor-
Genoral of the Amoor bad been inst'uct' d to take all necessary measures for protecting
the Russian Inmting-grounds agair.-i'. an , dangers that might tlireaten them on the part
of foreign Imnters.
When I saw M. de Giers on Saturday he did not advert to the question, being
probably under the impression, as be must have supposed that I had received liis note,
that I would be the lirst to introduce it. I iiavc therefore not had the opportunity of
obtaining from his Excellency any elucidation of the note.
Inclosure in No. 97.
M. de Giers to Sir R. Morier.
M. I'Ambassadeur, Saint-Pe'tembourg, le 14 (2G) Juin, 1891
J'AI eu riionneur de recevoir les deux notes de votre Excellence en date du 23 Mni
(4 Juin) et du 29 ]\Iai (10 Juin) relativement a la chassc des otaries.
Par la premiere de ces notes vous voulcz bien m'informcr que le Gouyernement de
Sa Majcste Rrilanniquc est lombe d'accord avec le Gouvernement des I'Jtats-Unis de
l'Ami'ri([ue du Mord quant a la prohibition de la cbas.sc des otarica jus([u'au mois do Mai
de I'annec procliaine ct invite le Cabinet Imperial a s'associer h cette mcsure. Lord
Salisbury a bien voulu ajoutcr que sans I'assentiment de la Russie il ne saurait fitre
question de la mise en pratique de cet arrangement. Dans la seconde des deux notca
susmentionnees votre Excellence modilie la proposition de son Gouvernement dans ce
sens que la prohibition de la cbasse des otaries ne s'etendrait plus qu'i Test de la ligne
maritime du Traitd de 18G7 conclu entre la Russie ct les Ktats-Unis. Le Gouvernement
de Sa Majesto Uritannique nous demanderait en consequence d'intordire de notre c6t^ la
chassp proliibt'O ii I'cst de ('{'(to liirnc a dcs siijcts Uiissos ot d'aiitoriscr les nroisuurs
Ai\j. 'lUH 11 siiisir les lij'iliniciits (jiii sc livrcraicnt ii (icttc itidiistrii* sous notn pavilion.
'out (Ml rcini'iciMiit votrc; lOxcolloiici' do ds ('iiniimiiiicatioiis jc crois (Icoir ohsiTver
qii'il iKiiis scrait ditlicilc (rnccrdcr a dcs |)ri>ii(j-iti()ii^ rlont Ic tcxie otlicicl no nous (wl,
connii (|iic par les idiiriiaiix ct i|iii d'aillcms iic iioiis ■^oiit failcs ()iii' p.if rune do^ doiix
I'lirlics C'ontractaiitcs. (^iiaiil a hi liiiiic iiiarilinio dii 'I'railr (!(• IsCi". Ic (lotivcnicnient
Imperial no vciniil |ir()!'Hi)li'nicnt ]ms ircinia'cluMncnl ii inlcidirc anx siijids linsscs la
ciinHsc di's ofarics a IVst dc ci'tic rc^'ion si Ic (iimvcincnicnt dc Sa Miijcslu iSriliinniiiuc,
daiiH un esprit th; juste riripmcitc', intcrdisait c};alcnicnt a ses snjots la cliasse susnicn-
tionnee a I'ouest du la memo lii;rie. Les croisturs dcs deux pays pourniiont, en co ens,
etrc nntoriseH a nrrcter les eontroveiumts on plcinc nior, Anfjinis ou ){u-scs, sans
disliiictiim, dans les oaiix de IJelirinfc *-'' <r<'lilii)t»k, ot dc IcH livrer aux antoritd-s
na(i< males compclcntcs.
]''n ])()rlant co (pii precede ik la coniuiissance de votre Ivxcellence je in'empressc
d'nionter (pie le (iouvernour-dcni'ral dc la I'rovinco do rAinour recevra dam tons les cas
I'ordre de jirondro los niesiircs n(''ccssaires pour la protection dcs eliasses J{ussos d'otaries
coiitre los dangers (lui j^'jurraicnt les inenacur de la part des chasseurs (.'Iraiifvcrs.
Vciiillez, &c.
(Sign(;') GllillS.
(Translation.)
M. TAinhnssadeur, St. Pelcrshunjli, .lunc 1 1 (26), 1891.
( HAVK had tlio hoi>our lo receive your I'lxcellency's two notes, dated the 23rd
May (1th June) iind the LMHli May HUh June), relatini; to the hnnliii!;' ol' seals.
In the lirst oi these notes yon arc •rand enoMi;h to acqnainl inc that the (ioverninont
of Her liritannic .Majesty have come to an .Agreement with tin • Jovcrninent of the
Uniti'd Stales of North .Vmeric.a with rcnard to the ]iroliiliition of al-huntini: until the
month of -May of next year, and that they invite; the Imperial Cahinel to join in that
measure. Lord Salisbury was good enouuli to add that without the .nssent of Kiissia
there could he no (picstion of putting this arraniienient into praeciee. In the second of
the two notes above mentioned, your Kxcellency modifies the proposal of your Govern-
ment in the sense that the prohibition of stal-hnnting would only ludd good to tbe east
of the maritime line of the Treaty of l.^d? coiiclmled hetwcn liussia and the United
S^tates. The (Jovernnient of Ilcr Britannic Majesty cnnsei|nently a'-ks us to ])rohibit
Kussiiin subjects on our .--ide from tin' seal-bunting wbicii is forbidden to the oast of that
line, and to authorize J'^nglish criuzors to seize such vessels as may pursue that industry
under our Hag.
While thanking your i'",xcellency i'or those comniuniealions, I thick it right to
remark that it would he dillicult lor us lo agree to projiosals .)f which the oHicial text is
(udy known to us through the nous]ia|icrs, and which, moreover, have only been nuido to
us by one of the two Contracting Parties. With regard to the niarilin e line of tie
Treaty of 1807, the Imperial (jovcnim'iit wuuld probaid^ see no diilieulty in pmiibiting
Uu'^sian subjects from hunting seals to the east of ihat region if tlic (iover::nieiit, of Mcr
P)rilannic .M.ijesty would, in a spiri' of just reciprocity. ei|ually prcdiibit their subjects
from hunting to the we-t of the sam<' line. The cruizers oi' the two cdinitries cnuld in
that case be authorized lo arrest the oil'cnders in the ojien sea. I'jiigli-h or l\u»ian.
without distinction, in the wate;s of iKhring'^ Sea and the Sea of Okhoi>k, and to haiul
them over to the competmit natiidial authorities.
In making the above coininunication to your Hxcollcncy, I hasten to add that the
Governor-tieiieral of the I'rovinco of the Amoorwill in any case receive ordeis to take the
necessary moiisuros for the ])rotection of the Itnssian seal-hunting grounds against the
dangers by which they may be threatened on the part of foreign hunters.
I have, &c.
(Signed) GIEllS.
No. 98.
fe'ir R. Moricr to the Marqiilx of Salisbury. — {Received Jul;/ l.'i.)
My Lord, .S/. Petvrslmrgli, July 9, 1891.
I UECI'MVEI) your Lordship's telegram of the Stli instant early this morning, and
at once addressed a note, of which I have the honour to transmit a copy herewith, lo
M. de Giers.
[672] 12
«()
Xot \)cing able to spare the time, owing to the dispatch of my messenger, I
requested Mr. Howard to take it liiinaelf to JI. Chichkine and to urge on his Excellency
that tlie matter might be at once taken in hand, so that a telegram of consent might
be dispatched to Vancouver's Island before the departure of the Commissioners.
M. Cliichkine, who has a strong opinion on the subject of the extinction of the fur-seal
species, expressed his full concurrence with the mission of Her ^Majesty's Commissioners,
and said he would do all he could to obtain the necessary permission at once. There
always remained, however, the difficulty of the three Ministers to be brought into
connected action.
I have, &c.
(Signed) R. B. D, MORIEll.
Inclosure in No. 98.
Sir R. Morier to M, de Giers.
M. le Ministre, St. Pelersburgh, June 27 (July 9), 1891.
IN the Agreement between Her Majesty's Government and that of the United States,
signed on the loth June last, in connection with the question of seal-hunting in the
Behring's Sea, it was stipulated that suitable ])ersons designated by Great Britain should
be permitted upon application to visit or remain upon the American seal islands during
the jjresent sealing season for the purpose of making such inquiries as might assist Her
Majesty's Government iu presenting their case to the Arbitrators, should an agreement
for arbitration be arrived at, and with the ultimate view of arriving at such data with
regard to seal life as might facilitate a general agreement for the preservation :^f the
species.
I have now been instructed by Her Majesty's Government to inform your Excellency
that' Sir George Baden-Powell and Professor Dawson, men pre-eminently fitted for the
purpose, have been selected by Her Majesty's Government to go out to the Behring's Sea
and Noith I'acilic for the ])urpose of investigating the conditions of seal life in those
sous; and they are very desirous that, in a<ldition to the American islands, these
gentlemen should be permitted to complete their inquiry by a visit to the Russian seal
islands, an impin-tant reason for this being that it will be nc-oessary to ascertain how far
the alleged diminution of seals is due merely to migration to other rookeries.
Her Majesty's Government, in instructing me to make this application to the
Imperial Government, express their strong wish that the permission might be granted as
quickly as possible, in order that they may be in a position to telegraph it to the
Commissioners before they leave Vancouver's Island.
I avail, &c.
(Signed) R. B. D. MORIER.
No. 99.
The Marquis of iialisbunj to Sir J. Pauncrfote,
(Telegraphic.) b'oreiijn Office, July 13, 1891.
I HAVE received your telegram of the 10th instant relating to the Agreement for
arbitration in tlie Behring's Sea question, and I approve the reply you propose to make
to the United States' Government as to the objections entertained by Her Majesty's
Government to the proposed wording of clause 7 of the Agreement.
No. 100.
Colonial Office to Foreign Office. — (Rcceiced July 14.)
Sir, Downvuj Street, July 14, 1891.
WITFi reference to your letter of the 19th Juno, I am directed by Lord Knutsford
to transmit to you, to be laid before the Manpiis of Siilisbury, a copy of a despatch from
the Governor-tieneral of Canada, forwarding a copy of a letter addressed to the Minister
of Marine and Fisheries on behalf of the Hritisli C(dunibia Sealers' Association, setting
forth their objections to the passing of the Behring's Sea Seal Fishery Act.
61
I am also to inclose the draft of a reply which his Lordship proposes, with Lord
g.ilisbiirj's concurrence, to return to this despatch.
I am, &c.
(Signed) ROBERT G. W. JLERBERT.
- luclosure 1 in No. 100.
Lord Stanley of Preston to Lord Knutsford.
My Lord, Government House, Ottawa, Jttnn 21, 1891.
I HAVE the honour to transmit herewith a copy of an approved Minute of the
Privy Council, submitting copy of a letter addressed to the Minister of ilarine and
Fisheries on behalf of the British Columbia Sealers' Association, setting forth the
objections of that body to the passing of the Bill of the Imperial Parliament to prohibit
sealing in the Behring's Sea.
I have, &c.
(Signed) STANLEY OF PKESTON.
Tnclosure 2 in Xo. 100.
Report of a Committee of ths Uonouraltle the Priry Council, approved by his Excellency the
Governor-General in Council, on the 'I'lnd June, 1891.
ON a Report, dated the 17th June, 1891, from the Minister of Marine and Fisheries,
stating that he has recuivi'd from Messrs. I']. B. Marvin and Co., of A'ictoiia, British
Coluinljia, ii letter on bclialf of the Hrilisli Columbia Soalcis' .Association, detailing
the objci'tions to the Bill tlieii before the Jinperial I'm-liaiiiont to prohibit sealing in
Bchriiiir's Sea, which a meeting of tlie oivneis of sealing-vessels r.nd other interested
parties discussed.
The Minister observes that (he Associalioii anticipate the cll'ect of the Bill passing
in its present form will be ruinous to British subjects hitherto partici])ating iu the
industry.
They arc much opposed to the stipulation allowing tiie lessees to take 7,500 seals
for food for tiie natives. ..ml assert tliat tlic natives emploved ])y the lessees are taken
from Oonalaak<v to tlie seal islands, and after the ex])iry of the killing-season are taken
back to Oonnlaska, a limit i number only Ijoing left on the islands during the winter.
If allowed to tak.^ 7,500, it is fec.red this permission would be used as a cloak to
unlimited killing. Tiiey consider iny close season adopted should be general, without
any exception.
The Minister further (.bserves that in the last paragraph of the coiniAunirition
appended, the Association ask to be allowed to send two competent men to ioprcsent
tlieir case before the Arbitrators.
The Minister appends a copy of the letter iu 'juestion, together with a copy of his
rnply thereto.
The Committee, on the recommcmlation of the Minister of Marine and Fisheries,
.idvise that your ICxcellency be moved to transiuil, a copy of this Minute to the Right
Hoi.ourable the Secretary of State for the Colonies for the information of Her Majesty's
Government.
All which is respectfully submitted for your Hxceiloney's api)rovaI.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
luclosure 3 in No. 100.
Messrs, ilurvin and Co. to Mr, Tapper.
Dear Kir. Vic'oria, British Cnlumbia, .lane 5, 1S91.
A Ml'IETlNG of owners of sealing-vessels and others interested was held last
evening to take into consideration ilie present Bill, now before the livpi rial I'.irliament,
and tlie hardships that, would arise from the Bill passing in the jiicsent form, and if
carried into effect will be ruinous to those British subjects engaged in the business.
62
There are some matters in connection with tlie passing; of the Bill, and also the
demand made by the American Government for the jjrivilege of takinj? 7,''J00 seals for
the natives' food, which \\c stronfily ol)jcct to. AVo therefore lay our views before you
(vith the object of future information and guidance of the Arbitrators in the settlement
of this question, matters that are of vital importance to all those engaged in the sealing
business.
In taking up the demands made by the American Coverninunt for 7,500 seals for
food, for your information we bog to slate that the natives employed l)y the lessees of the
Pribylotf Islands are taken from Oonalaska to the Islands of St. Paul and St. George
about the 1st June, and remain there during the killing soas(», which continues until
about the 1st i^eptember, when they are removed back to Oonala;;ka. Alxiut six men
aic left on each island during the winter, to prevent any raiil being made alter the
Company have taken their seals. 'I'he natives living at Oonalaska live as wll s cry
white man can live. Those on tlic islands are also provided witli food for t.ie sv.'>5oi.'
The pica set up by the American Government, that lliey want "iJM) seals t ■ ^eeJ i'.
natives, is a blind, and only to gain that advantage over the liniierial Governu; ; ' i
privilege being allowed them, wliat is to prevent them from taking 70,000 r 'J'lv>re will
be no check to prevent them doing so.
The principal lessees of the islands, Leibcs and Co., have a large cannery at Kodiak,
also a fast steamer running between there and the seal islands. They can carry away
any quantity of seals when they want them. The facts are not generally known, only to
those engaged in the business. In the settlement of this question, should any such
advantage be allowed the American Government, it will be all they would ask, for, as
they would be in a posilion to kill all the seals they recjuire regardless of preserving life ;
if it is decided to have a close season, let it be general. Give no advantage to any one,
under no plea, especially that set up by the American Government, viz., food for
natives.
The British Columbian sealers have exactly the same grounds to work on that the
American Government claim in regard to feeding our natives. We have in all 1,000
natives em[)Ioyed on our vessels that live princii)ally on the seal during the sealing season,
and earn through their own industry IVoni 500 dollars to 7 '>() dollars while employed seven
to eight months in the year, 'i'hey formerly were hostile to all Whitemen. Life was
not safe among them, but since the sealing industry has become a legitimate business and
profitable, the Indians have become civilized and industrious, and look forward to the
sealing season the same as our I'^astern lisbernien look forward to theirs. The change
in their habits and mode of living is most remarkable when compared with the s.-vage
state they lived in before the sealing business commenced. They have now comfoitaMe
clothing, good homes, and plenty to eat, all earned by their own industry. If our own
Indians cnn earn their own living iind m.'ike money in this business, tlie natives of
Behring's Sea, emplo\e(l by the Sealing Conqiany, can ilo the same, and do so, altliough
not so well paid as our Indians. Tlie plea set up by the Anu'iiean (Jovernment, •' food lor
the natives," we strongly ]irotest ntrainst, as a dodge on the part of (he Government to
get ihu small end (d' the wedge in. Another (piestion in regard to the matter.
Supposing there should be a close season ? AVe have iit'ty vrssels I'ligaged in this business,
emjiloying about 2,000 men, liiilf of them being natives, and bringing in a revenue to Ihosi^
emiiloyed suflieieiit to make them eomtortable, and support their families well: also the
supjdies required for the vessels adds largely to tl^ revenue of the DominiMii, and helps
to make uji the huge amount of duty collected at ^'ictoria. What will become of tli<
natives if Ibis industry is closed, it may cost the Dominion millions tc provide for the.
and keep them in order; now they are liii)i]iy and contented, having coml'orts ihe same a:
Whitemen. if deprived of their living by the closing of sealing, a man's life would not
be safe among them; also, what eniplo\ment are we going to give our Whitemen, a
majority of them young men, that have taken up this I "mucss for (heir future living,
nearly all belonging to the I^astern ])rovinces. It is t» icrious :i i,:".tter to settle in
haste, especially fo the future prosperity of ISritish Colun/i" i and the Dominion generally.
It not only gives emi)loyment to men on vessels, but has jeen the ri^t ;!i ■ i some ten new-
vessels being built liere last year, and a further inciv ise prov;;! hi no interference is
allowed to closing the sea.
If the Americans arc allowed their 7,000 senis, they will gain the main point they
have been seeking, while our vessels will be laid up to rot, and starvation to those
employed in the business. 'I'ho seal is a niigratcu'y animal and does not belong to any
one nation. 'I'liis outcry by the American (iovernment of preserving seal-lile is veil
understood by us as meaning funds for Uncle Sam. Ia'I the Dominion of Canada have
a share. They have as much right as the other nations. If Canada will only protect
^
seals for
cos of the
Cicorge
lilies until
t .six men
filttr the
P PPV
iC >-v-'S«jil.'
03
her subjects in matters of this kind, and not allow Uncle Sam to take all the lopves and
tislies, she will he a prosperous country. Having laid the matter hefore you in rather a
rough manner, we kindly ask your earliest consideration in this matter, and would call
your attention to the facts stated, not prejudicially, hut in a calm and deliherate manner,
fully realizing our position to ho hankruptcy and ruin to all engaged, if carried out.
We therefore iuimhly ask, on hehalf of the scalers, that you will kindly use your
inlluence to iiave the Arhitration Committee allow the Sealers' Association to send two
competent men, selected by them, as representatives on our behalf.
Wc have, &c.
(On behalf of the Sealers' Association),
(Signed) E. B. MARVIN and Co.
Inclosure 4 in No. 100.
Mr. Tapper to Messrs. Marvin and Co,
Gentlemen, Ottawa, June 13, 1891.
I BKG to acknowledge the receipt of your letter of the ')th instant. I observe
what you .say touching the proposal that the lessees of the United States' Government
may, pending a close season, take 7,'">00 seals for food for the natives on the Pribyloft
Islands, and your suggestion that abuses might follow the concession of such a privilege,
and liie expression of your desire that, if a close season be adopted, it siiould be general
willioiit any exeei)tion.
f have coiisitlered the arrangements which you advance in support of this contention.
I also note your views toucliiug the proposed compensation of Britisii citizens, who
may suffer from tlie enforcement of a dose season, and have to inform you that I have
inclosed a copy of your communication to his ICxccllency the Governor-General, and
liiive re((uested his Excellency to cause your views to be communicated to tiie Imperial
authorities as soon as possilde.
Yours, &c.
(Signed) CHARLES H. TUPPER.
Inclosure 5 in No. 100.
Draft of Despatch to Lord Stariley of Preston.*
'v ", a-d, Dnu-niiirj Slrrrt, .Tiihj ,1891.
1 II.WR the honour to acknowledge the roreipl of your despatch of the 24th ultimo,
transmitting copy of an approved .Minute of the I'rivy CouniMl, inclosing copy of a letter
addressed to the Minister of Marine and Fisheries by the Britisii Columbian Sealers'
Association, in which eir objections to the imperial iJchring's Sea Seal Fishery Act
are set forth.
With regard to the anticipations of the Association as to the loss likely to
be suffered by British subjects through the operation of the Act, I have already informed
your Lordship of the decision of Her Majesty's Government with regard to the payment
of compensation in such cases, and need only refer you to the commuiiicatious which have
already p;;.ssed on the subject.
The o dy other (luestion raised in the letter from the AKsociation which appears to
call for no.ice is their wish to ijc heard before the Arbitration C'ominission.
As y )ii are aware, a Joint Commission of Rx])erts has been ap])ointed to examine all
(juestioiis connecteil with seal life and the fur-seal industry for submission to the
Arhitralors, and I request that you uiil cause the .Association to be informed tiiat they
should lay any stalenuMits tlw'v may wish to make before this Cnmmis^iou of Experts in
the first instance, and thai, in (lie cvout of ils being found neccs'-ary lo call evidence
before the Ari)iirat(ns in addiiion to tiiat whicii will be presented by the t'ommiosiou of
Experts, Her Majesty's Government will not fail to bear their wishes in mind.
1 have, tkc.
This deipatch wis sent on .)uly 16, lij9l.
64
No. 101.
The Marquis of Salisbury to Sir R. Morier.
Sir, ' Foreign Office, July 15, 1891.
I HAVE to .acknowledge the receipt of your Excellency's despatcii of the
9th instant, inclosinu; a copy of a note wliioli you had addressed to the Russian Govern-
ment on tlie Beliriiig's Sua question, and to state that your action, as reported in that
despatch, is approved hy Her Majesty's Government.
I am, &c.
(Signed) SALISBURY.
No. 102.
Foreign Office to Colonial Office.
Sir, Foreign Office, July 15, 1891.
I AM directed by the Marquis of Salisbury to acknowledge the receipt of your
letter of the 14th instant, with its inciosures relating to the objections entertained
by the British Columbian Sealers' Association to the passing of " The Seal Fishery
(Behring's Sea) Act. 1»91."
I am to state, for Lord Knutsford's information, that Lord Salisbury concurs in the
reply which it is proposed to return to Lord Stanley of Preston's despatch on this
subject.
I am, &C.
(Signed) T. H. SANDERSON.
No. 103.
Sir G. Baden-Powell to the Marquis of Salisbury. — {Recei':ed July 16.)
My Lord, New York, .My 5, 1891.
1 HiVVE the honour to inform your Lordship that I have this day transmitted to
you a telegraphic despatch, of which the following is a paraphrase : —
" I have tlie honour to inform your Lordship that [ am of opinion tliat it is neces-
sary that I should take with nie in Behring's Sea, so as to avoid delay, the permit of the
Russian Government to visit their islands should occasion arise.
" I should be glad if this permit wore forwarded to me — care of the Admiral,
Esquimiilt — if possible, by the mail leaving England on the 7th July."
I may add, in explanation of the above telegram, that as the Russian islands arc as
much as 2,iiOO miles from civilized ports, 1 deemed it advisable to carry wiili me the
necessary permit in case I found it expedient to make inquiries on those islands in
accordance wit!) clause (j of your Lordship's letter of instructions.
1 have. Sec.
(Signed) GEORGE BADEX-POWELL.
No. lot.
Sir R. Morier to the Marquis of Salisbury. — {Received July 1
7.)
(Telegraphic.) St. Petersburi/li, July 17, 1891.
1 HAVE been informed i>y the Under-Secretary of State for Foreign Ail'airs that
he felt certain that, jis tooii as a decif-ion had been come to by the three Ministries
interested in the (|uestion of the visit of our Commissioners to tiie liussian seal islands
in the Bohiing's Sea, tek;ir.i|)hic instructions would be sent to the Governor of
Vladivostok to see that all hieililies for the investigations required shall be accorded
to them.
My
63
No. 106.
The Marquis of Salisbury to Sir R. Morier.
Sir, Foreign Office, July 17, 1891.
1 HAVE received your Excellency's despatch of the 7th instant, inclosing
a note from the Russian Goveriiinent on the suhject of the Ajjrceraent which has
recently been concluded between this country and the United St.ates for preventing the
Killing of seals during the present season in a ceitain specified portion of Behring's
Sea,
In the course of this note M. de Giers alludes to the fact that the text of the
Agreement is not known to him otherwise than through the pui)lic pres.-- .
Copies of the Agreement in the form in which it was ;iigncd were forwarded to you
in my despatch of the 9th instant. I have to request your Excellen-y tn com-
municate a copy to M. de Giers, and to state that, in order to guard against anv :..ssible
inaccuracies, Her Majesty's Government were awaiting the receipt of the signed ''riginal
from Her Majesty's Minister at Washington before instructing you to place its text in the
bands of the Russian Government.
With regard to the conditions on which M. de Giers states that Russia would be
willing to become a party to the Agreement, you are authorized to state that, although
Her Majesty's Government. would be very willing to enter into an airangement with
Russia and the United States to proliibit sealing during this season to the west as well
as to the east of the line of demarcation mentioned in the Agreement, they understand
that the United States' Government are unable to do so without fresh legislation, which
is not possible at this moment, as Congress is not in session. Any agreement of this
nature for the present season could therefore only be made by Russia and England alone,
and it wr.uld have the effect of leaving the western portion of Behring's Sea open to
United States' citizens, while closing it to British and Russian subjects.
For this reason Her Majesty's (jovernment do not think that sueh an arrangement
as M. tie Giers proposes would be desirable, and they believe that his Excellency, on
consideration, will concur in their view.
I am, &c.
(Signed) SALISBURY.
No, lOG.
The Behrini/'s Sea Commissioners to the Marquis of Salisbury. — {Received July 20.)
My Lord, Ottawa, July 7, 1891.
WE have the honour to acknowledge the receipt of your Loidsliip's despatch
of the 24tli .lune, informing us that the Queen has I)een graciously pleased to appoint us
to be her Commissioners for the purpose of inquiring into the conditions of seal life in
Behring's Sea and other ])arts of the North Pacific Ocean, and inclosing Her Majesty's
Commission under the sign nianuiil to that efi'ect.
We have carefully noted the several instructions contained in your Lordship's
despatch under reply, ar.d trust that, acting under these instructions, wc shall successfully
bring to a conclusicn the matters intrusted to our charge.
We may add, that Mi. Ashley Fronde commenced his duties as Secretary to the
Commission on the L'5th June.
We have, &c.
(Signed) GEORGE HADEN-POWELL.
(JKORtJE M. DAWSON.
No. 107.
The Behring's Sea Commissioners lo the Marquis of Sulisbury. — {Received July 20.)
My Lord, Oltawa, July 7, IbOl.
AS your Lordship has been alieady informed by a telegram from Queenstown, dated
the 26th June, your Lordship's despatch of the J7tli .June, staling that formal permission
to visit the Prihylolf Islands will be handed to us by the United States' authorities, has
been duly received.
j072J E
66
We bave also to report that Mr. Consul Fraser handed to us at New York, on the
6lh instant, a letter from the Treasury Departtnent at Washington, of which a copy is
inclosed, for your Lordship's information, empowering us to visit the Pribylolf Islands for
the purposes of our mission.
We have, &c.
(Signed) Gp:ORGE BADEN-POWELL.
GEORGJE M. DAWSON.
Inclosure in No. 107.
Mr. Spaxdding to Mr. Williams.
Sir, Treasury Department, Washington, June 25, 1891.
THE 4th section of the modus civendi respecting the fur-seal fisheries in Jiehring's
Sea, concluded on the 15th instant, provides as follows: —
" In order to facilitate such proper inquiries as Her Majesty's Gov( ament may
desire to make with n view to the presentation of the case of that Government before
Arbitrators, and in expectation that an agreement for arbitration msiy be arrived at, it is
agreed that suitable persons designated hy Great Britain will be permitted at any time,
upon application, to visit or to remain upon the seal islands during the present sealing
season for that purpose."
As it appears from a communication, dated the 23rd instant, from the Honourable
the Secretary of State, that Sir George Baden-Powell, M.P., and Professor George
Mercer Dawson have been appointed Commissioners on behalf of Her Britannic Majesty
to proceed to the Pribylofl" Islands for the purpo.se of examining into the fur-seal
fisheries in Behring's Sea, and that the British Minister at this capital has requested that
the necessary peru.ission may '-e granted to the above-named gentlemen to visit and
remain on the islands during the current fishing season, you are directed to afford Sir
George Baden-Powell, M.P., and Professor George Mercer Dawson every facility to
enable them to accomplish the object of their mission.
I am, &c.
(Signed) 0. L. SPAULDING, Acting Secretary.
No. 108.
, ' Colonial Office to Foreign Office. — (Received July 22.)
Sir, Downing Street, July 21, 1891.
1 AM directed by the Secretary of State for the Colonies to transmit to you, for the
information of the Marquis of Salisbury, a copy of a desi)atch from the Governor-
General of Canada, reporting the publication of the Agre '"lunt between Her Majesty's
Government and the (Jovernment of the United States for a modus vivendi in relation to
the fur-seal fisheries in Behring's Sea.
I am, &c.
(Signed) ROBERT G. W. HERBERT.
Inclosure 1 in No, 108.
Lord Stanley of Preston to Lord Knutsford.
My Lord, ^ Government House, Ottawa, .Tune 2G, 1891.
I HAVE the honour to inclose herewith a copy of an iipprcjvod Minute of the Privy
Council, authorizing the issue of a Proclamation giving publicity to the Agreement
between Her Majesty's Government and that of the Uiiiled States of the 15th instant
for a modus vivendi in relation to the fur-seal fisheries in Behring's Sea.
1 have, &c.
(Signed) STANLEY OF PRESTON.
67
Tnclosurc 2 in No. 108.
Report of a Committed of the Honourahle the Privy Council for Cannda, approved by Aw
Excellency the Govcrnor-Genrral in Council, on the \Qth June, 1891.
THE Committee of the Privy Council for Canada, on the recommendation of the
Minister of Marino and Fisheries, advise that your Excellency do cause a Proclamation
to issue giving publicity to the Agreement between the Imperial Government and that
ol the United States of the lotli June instant for a modus vivendi in relation to the fur-
seal fisheries in Behring's Sea.
(Signed) JOHN J. McGEE,
Clerk of the Privy Ccndl.
Inclosure 3 in No. 108.
Extract from the " Canada Gazette" of June 20, 1891.
(L.S.)
Proclamation.
Stanlev of Preston.
Victoria, by the Grace of God, of the United Kingdom of Great Britain and Ireland
Ouccn, Defender of the Faith, &c.
To all to whom these presents shall come, or whom the same may in any wise
concern, greeting,
A Proclamation.
(Signed) Jno. S. 1). TiioiirsoN-,
Altorney-General, Canada.
WHKIJI'L^S an Agroomeut for a modus virendi between our Government and the
Government of the United States in relation to the fur-seal ii-bories in Boliring's Sea
was concluded on the i5tli day of June, in the year of our Lord l.S',)l, on the following
terms, that is to say : —
"Agreement hehrcen the Government of Her Britannic Majesty and the Government of
the Unitfd States for a ^lodns Vivendi in rrlulion to the Fur-seal Fisheries in
Behring's Sea.
'• For the purpose of avoiding irritating dilicrcnccs, and with a view to promote the
friendly settlement, ol' the (piostions jjcnding between the two Governments touching
their respective rights in Heliriiig's Sea, and for the preservation of (he seal species, the
following Agreement is made without prejudice to the rights or claims of either
party :—
" 1. Tier Majesty's Government will prohibit, until May next, seal-killing in that
part of Behring's Sea lying eastward of the line of demarcation described in Article I
of the Treaty of 18()7 between the United States and Russia, and will promptly use its
best efforts to insiu'e the observance of ibis prohibilion by Britisli subjects an<l vessels.
" 2. The United States' Government will prohibit seal-killing for the same period
in the same part of Behring's Sea, and on the shores and islands thereof, the property of
the United States (in excess of 7,r>0() to be taken on the islands for the subsistence and
care of the natives), and will jiromptly use its best fforts to insure the observance of
this prohibition by United States' citizens .and vessels
" .'5. Every vessel or person ofl'ending against this prohibition in the said waters of
Behring's Sea, outside of the ordinary territorial iiniits of the United States, may he
seized and detained by the naval or other duly commissioned officers of cither of the
High Contracting Parties, but they shall be iianded over as soon as ])racticable to the
ivuthorities of the nation to which they respectively belong, who shall alone have
jurisdiction to try the off'enee and impose the penalties for the same. The witnesses and
proofs necessary to establish the olfcnce shall also be sent with tbenj.
[572] K 2
68
" 4. In order to facilitate such proper inquiries as Her Majesty's Government may
desire to make, with a view to the presentation of the Case of that Government before
Arbitrators, and in expectation that an agreement for arbitration may be arrived at, it is
agreed that suitable persons designated by Great Britain will be permitted at any time,
upon application, to visit or to remain upon the seal islands during the present sealing
season for that purpose.
"Signed and scaled in duplicate at Washington, this 15th day of June, 1891, on
behalf of their respective Governments, by Sir Julian Pauncefote, G.C.M.G., K.C.B.,
Her Britannic Majesty's Knvoy Extraordinary and Minister Plenipotentiary, and
William F. AVharton, Acting Secretary of State of the United States.
(Signed) "Julian Patjncefotk.
(Seal.)
" William F. Wharton."
(Seal.)
fsTow know ye, that we have by this our Royal Proclamation caused the said
Agreement to he made public, to the end that the same and every part thereof may be
observed and fulfilled with good faith by all our loving subjects.
Of all which our hiving subjects and all others whom these presents may concern
are hereby required to take notice, and to govern themselves accordingly.
In testimony whereof we have caused these our Letters to be made Patent, and the
Great Seal of Canada to be lioreunto affixed. Witness, our right trusty and well-beloved
the Right Hdnourabie Sir Frederick Arthur Stanley, Baron Stanley of Preston, in the
county of Lancaster, in the PiHM-age of the United Kingdom, Knight Grand Cruss of
our Most Honourable Order of the Bath, Governor-General of Canada.
At our Government House, in our city of Ottawa, this 10th day of June, in the year
of our Lord 1891, and in the fifty-fourth year of our reign.
By command,
(Signed) J. A. CHAPLEAU,
Secretaiy of IState.
No. 109.
The Behring's Sea Commissioners to the Marquis of Salisbury. — (Received July 23.)
My Lord, Ottnva, July 9, 1891.
WE have the honour to request that your Lordship will be good enough to move
the Japanese Governnu'nt to supply us with information on the following points : —
1, IJecords of fur seal-skins brought to Japan for any years in the present century.
2. Localities where seal-skins are taken.
,*?. Whether taken at sea or on shore.
4. Details of any known breeding places.
5. Whether, and if so what, Kegulations are in force on breeding grounds.
6. List of vessels fitted out in Japan for fur-seal fishery in this and past seasons,
and from what ports
7. Whether seal fishery has increased or decreased in recent years, with causes of
such increase or decrease.
8. Any other information concerning Japanese seal fisheries, especially documentary
evidence.
AVe would venture to suggest to your Lordship that the Japanese Government
should be requested to send such information on the above points as they may be able to
procure direct to us, care of the Postmaster, Victoria, Jiritish Columbia.
We have, &c.
{Signed; GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
P.S. — 1 iiave ventured to send a copy of this despatch, pri\ vtcly, to Mr. de Bunsc u
(Legation, Japan) to-day, in order to save valuable time.
G. B-P.
69
No, 110.
Sir .7. Paunce/ote to t'f Marquis of Salisburi/. — {Received July 23.)
My Lord, Washington, July 14, 181)1.
IMMEDIATELY on tlie receipt of your Lordship's telegram of tlie 13tli instant,
respeeting the proposed compensation chiuse in tlie iiehriiig's Sea Arbitration Agree-
ment, I addressed a note on the subject to the Acting Secretary of Stale, of which 1 have
the honour to inclose a copy,
I have, &c
(Signed) JULIAN FAUNCKl'OTE.
Inclogure in No. 110.
Sir J. Pauncefote to Mr. Wharton.
Sir, Washington, July 13, 1891.
SINCE the receipt of your note of the 25th ultimo, of which I transmitted a copy
to the Marquis of Salisbury, I have been in telegraphic communication with liis Lordship
respecting the two clauses (0 and 7) which, by direction of the President, you have
proposed for adoption in the Hchring's Sea Arbitration Convention, and also respecting
the form of agreement for carrying out the arrangement for the npi)i)intnient of a .Joint
Commission to inquire into the cmiditions of seal life in Behriiig's .Sea.
I desire at present to confine inyseif to the clause proposed in your note which deals
with the question of compensation, namely, clause 7.
It is the only one which a])peavs to me to raise any serious dilliculty, and I trust
that, after considering the following observations, and with a view to nx| editing the
conclusion of this negotiation, the President will not object to the sub-^titution of a clause
in the form which I shall presently liavc the honour to submit. Her .Majesty's (iovern-
mcnt have no desire to exclude from the consideration of the Arbitrators any claim of
compensation in relation to the Hehring's Sea fisheries which the United .Stales' Govern-
ment may believe themselves entitled to i)refer consistently with the recognized
principles of international law Hut they are of opinion that it is inexpedient, in a case
involving such important issues and presenting such novel featiu-es, to prejudge, as it
were, the question of liability by declaring that cnm])ensation shall be awarded on a
hypothetical slate of facts. Her Majosty'.s Government consider that any legal 'lability
arising out of the facts as proved and established at the arbitration should bo as much a
question for argument and decision as tiie facts themselves; and, in order that this should
be made quite clear, and that both Governments should be placed, in that respect, on the
same footing, I am authorized by Lord Salisbury to submit the following clause in
substitution for the Vth clause proposed by the President: —
" 7. Either Government may submit to the Arbitrators any claim for compensation
which it may desire to prefer against the other Government in respect of any losses
or injuries in relation to the fur-seal fishery in Ikliring's Sea, for which such other
Government may be legally liable.
"The Arbitrators shall decide on the legalitv of every such claim, and, if it shall he
established, they may award such coiupeusatiou as i'- their judgment shali seem
equitable."
I iiave, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 111. , . :
Sir J. Pauncefote to (he Maniuis of Suii.ibiiry. — {Received Jul^ Li3.)
(Telegr.apliic.) Wnshimjlon, Jnlu 2'A, 1S9I.
WITH reference to my despatch of the 14th instant, on the subject of the liebring's
Sea compensation clause, 1 have the lionour to state that after long discussions, in the
course of which I have insisted on the principle contended for in my above-mentioned
despatch, I have to-day received a note from the United States' Government which is
to the following effect : —
[See Inclosurc in Sir J. Pauncefote's despatch of the 24th July, 1801 :
Inclosure in No. llt^, infra.]
70
No. 113.
The Marquis of Salishury to Mr. Fraser.
(Telegraphic.) Foreign Office, July 24, 1801.
THE following is urgent: —
The British Commissioners in Bchring's Sea arc anxious to recoivo information on
the following points : —
[Sec despatch from Bchring's Sea Commissioners of the 0th July, 1891 :
No. 109.]
You should forward any information you can obtain to the Bchring's Sea Commis-
sioners, addressed to the care of the Postmaster, Victoria, British Columbia, with as
little delay as possible.
No. 114.
Sir R. Morier to the Marquis of Salisbury. — (Received July 27.)
My Lord, St. Petersburgh, July 22, 1891.
I HAVE this day received your Lordship's despatch of the 17th instant, in reference
to the Fur-seal question and the Bchring's Sea, and have addressed to M. de Giers the
note of which I have the honour to inclose a copy herewith.
I have, &c.
(Signed) R. B. D, MORIER.
Inclosure in No. 114.
Sir R. Morier to M. de Giers.
M. le Ministre, St. Petersburgh, July 10 (22), 1891.
1 HAVE not failed to transmit to Her Majesty's Principal Secretary of otate for
Foreign Affiiirs the note which your Excellency did me the honour to address to mo on
the 14tli (2Gth) .June last, with reference to the Bchring's Sea Agreement concluded
between Her Majesty's Government and that of the United States.
With reference to tlie conditions on which your Excellency states that Russia would
be willing to become a party to this Agreement, I am instructed to inform you that,
although Her Majesty's Government would be very willing to enter into an arrangement
with Russia and the United States to prohibit sca,ling, during this season, to the west as
well as to the east of the line of demarcation mentioned in the Agreement, they
understand tiiat the United States' Government are unable to do so without fresh
legislation, which is not possible at this moment, as Congress is not in session.
Any Agreement of this nature for the present season could, tlicrcfore, only be
made hy Russia and Hlngland alone, and it would have the effect of leaving the western
portion of i'ehrinn's Sea open to United States' citizens while closing it to British and
Russian subjects.
For this reason Her Majesty's Government do not think that such an arrangement
would be desirable, and they believe that your Excellency, on consideration, will concur
in their view.
I avail, &c.
(Signed) R. B. D. MORIER.
71
No. 115.
The Marquis of Salishunj to Sir J. Pauncefote.
Sir, Forpi<jn Offire, Jultj 27, 1891.
I HAVE received your despatch of the 14th instant, inclosiu;? copy of your note
to the United States' Government respecting the compensation clause to be inserted in
the proposed Agreement for arbitration on the Behring's Sea (luestion.
The terms of your note are approved by Her Majesty's Government.
I am, &c.
(Signed) SALISBURY.
No. 116.
Mr. Howard to the Marquis of Salisbury. — {Received July 29.)
(Telegraphic.) St. Petersburgh, July 29, 1891.
Wri'H reference to Sir Robert Morier's telegram of the 17th instant respecting
the visit of the British Commission to the Russian seal-fisheries, I have the honour to
state that I have received a note from the Russian Gi)vernment giving them the
necessary permission and stating that instructions had been sunt to the Governor-
General of the Amoor Province to facilitate the object of tlieir mission.
No. 1 17.
The Marquis of Salisbury to Mr, Howai d.
Sir, Foreign Office, July 31, 1891.
I HAVE received your telegram of the 20th instant, reporting that the Ru.ssian
Government have authorized the British Commissioners in Behring's Sea to visit the
Russian seal fisheries, and that the Governor-General at Amoor has been requested
to afford them every facility.
I have to request you to convey to the Russian Government the thanks of Her
Majesty's Government for their action in this matter.
I am, &c.
(Signed) SALISBURY.
No. 118.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received August 3.)
My Lord, Washington, July 24, 1891.
IN my despatch of the 14th instant I had the honour to transmit to your
Lordship a copy of the note of the 13th which I addressed to the United States'
Government, submitting the new clause in the Arbitration Agreement which I had been
authorized by your Lordship to propose on the subject of damages. I have had several
discussions at the State Department, in the course of which I have strongly contended for
the principle that the validity of any claim put forward by either party should be left to
the decision of the Arbitrators.
This I consider a most important point, for it is highly improbable that the United
States' Government should succeed in establishing their claim to an exclusive right of
fishery on the high seas, except under a new rule of international law, based on excep-
tional circumstances, and which the Arbitrators may lay down a.s applicable to the
present case. If so, it would seem inequitable that Great Britain should pay damages
for the infraction of an ex post facto rule of law. Moreover, a claim of damages for
injury caused to the property of the United States in the seal islands alleged to have
been caused by pelagic sealing may be open to objection ou the ground of its remoteness
and of the impracticability of fixing any correct measure of compensation.
I have felt much anxiety lest the President should persist in the endeavour to obtain
a previous admission of liability on the part of Her Majesty's Government in a ca:i«!
72
involviiif,' (as 1 stated in my note to the United States' Government) such importAnt
issues and prcsciitiiii^ such novel t'eatiires.
It WHS not until yesterday that I received tlie oftieial reply of the United States'
Government to my note of the llitli instant, of which I telegraphed the Hnbstance to
your Lordship.
I have the luniour to inclose a copy of that reply, from which your Lordship will
perceive that tlie President, while maintaining that the United States would he justified
in insisting that Her .Maje>ty\ (jlovernment should admit responsibility in certain events,
is willing to wuivi- that point, and to modify his proposals with a view to remove what
seems to lie the last point of ditfereiice in tiiis protracted discussion.
The President urges that th'.' ehiuse should contain a statement in general terms of
the elai.iis ivnicii each (Government desires to prefer, and, in his reply, he proposes a new-
form '.n which ihf claims are so stated and left for the decision of the Arbitrators, thus
conceding the principle for which I have contended.
The statement of the British claim in this new clause appears to me to he too
restrictive, as it would seem to exclude losses and injuries arising from interference with
our vessels as distinguished from actual seizures, and takes no avcount of the personal
claims of the JJritish subjects imprisoned and otiierwise damnified in the proceedings
resisting from tiiose seizures.
J do not apprehend that the United States' Government will ohject to our
being stated in our own terms ; and, subject to that modification, I venture to th"
the clause now proposed by tie I'resident will be acceptable to Her Majesty's
nient, and will practically brinjv this long negotiation to a satisfactory terminatii,...
I have, &c.
(Signed) JULIAN PAUNCKFOTE
aim
lat
Inclosure in No. 118,
Mr, Wharton to Sir J. Pauncefnte.
ir, Washington, July 23, 1891.
THE President directs me to say, in response to your note of the 13th instant,
that lie noticed with pleasure the good progress towards a full agreement upon the
terms of ;irbitralion indicated by your statement that only the 7th clause, as proposed
by this Government, appears to you "to raise any serious difficulty."
That clause was thus stated in my note of the 25th June : —
" It shall be competent to the Arbitrators to award such compensation as, '"n their
judgment, shall seem equitable, to the subjects or citizens of Great I'ritain whose vessels
may have been seized by the United Si ates in the Behring's Sea, if such seizures shall
be found by the Arl)itrators to have 1''^ -n unwarranted; and it shall also be competent
to the Arbitrators to award to the iijd States such comliensation as, in their judg-
ment, shall seem equitable for any injuries resulting to the United States, or to the
lessees from that Government of the privilege of taking seals on the Pribyloff Islands,
by rca.son of the killing of seals in the Behring's Sea by persons acting under the
])rotection of the British flag, out.ide of the ordinary territorial limits, and since the
1st day of -laniiary, 18S6, if such killing shall he found to have been an infraction of
the rights of the United States."
The objection you make to thin clause is thus stated by you : —
"Her Majesty's Government have no desire to exclude from the consideration of
the A rbitrators any claim of compensation in relation to the Behring's Sea fisheries
which the United States' Government may consider themselves entitled to prefer
consistently with the recognized principles of international law ; but they are of opinion
that it is inexpedient, in a case involving such important issues, and presenting such
novel features, to prejudge, us it were, the question of liability by declaring that
com))ensation shall be awarded on a hypothetical stale of facts. Her Majesty's Govern-
ment cou.iid'T that any legal liability arising out of the facts as proved and established
at the arbitration sho'-.lu bo as much a (|uestion for argument and decision as the facts
themselves, and in order that this should be made quite clear, and that both Govern-
ments sliould he i)lace<l in that respect on the same footing-," &c.
The I'resident was not prepared to anticipate this objection, in view of the fact
that Lord Salisbury, in his note of the 31st February last, had asked a specific submis-
sion to the Arbitrators of the British claim for seizures made in the Behring's Sea. His
language, which was quoted in my note of the 2oth Jiine, was as follows :—
7S
aim
" There, is one omission in these questions wliich I liavc no doubt the Government
of tlie Trcsidcnt will be very f>lft<l lo rcpiiir, and that is the ret'eience (o the Arbitrator
of the question, What dania;;e» are due to tiie persons who have been injured, in case it
shall be determined by him tliat the action of the United States in seizing British
vessels has been ^^ithout wariant in international law ;-"
This could only be understood as a siijjitestion that the claims of tiio respective
Governments should be stated and {,'iven a speeific reference. And so, in the 7th clause
proposed, the claim of Great Hritain for seizures made is defined and referred in
terms so correspondent to the request of Lord Salisbury that it cannot i)e supposed
objection would have been made to it if it bad stood alone. lint a particular statement
of the Hritish claim for eom])ensation certainly made proper, and even necessary, a like
statement of (he claims of the United States, and the President is not able to see tiiat
the reference jiroposed was in any respect une([ual. If it should be found by the
Arbitrators that the United States had without riu;ht seized British vessels in the
Behrin>j;'s Sea, the Arbitrators were authdrized to ;;ive compensation; and if, on the
other hand, these and other I'ritish vessels were found to have visited that sea, and to
have killed seals therein in violation of the riju'lits of the United States and to the injury
of its ])roperty interest, the Arbitrators weie authorized to give compensation. One is
not more subject to the objection that it presents a hypotlu'licai statq of facts ihan the
otlier, and both submit the question of the lawfulnes or unlawfulness of the acta
complained of.
The President believes that Her Majesty's Government may justly be held
responsible under the attendant circumstances for injuries done to the jurisdictional or
property rights of the United States by the sealing-vessels flying the British Hag, at
least since the date when the right of these vessels to invade the Ik-hring's Sea and to
pursue therein the business of pelagic sealing was made the subject of diplomatic
intervention by Lord Salisbury. In his opinion, justice requires that Her Majesty's
Government should respond for the injuries done by those vessels, if their acts are found
to have been wrongful, as fully ,is if each had borne a commission from that Government
to do the acts complained of. The presence of the master, or even of a third person,
under circumstances calculated and intended to give encouragement, creates a liability
for trespass at the common law, and much more If hi:' presence is accompanied with
declarations of right, protests against the defence wliijii the owner is endeavouring to
make, and a declared purpose to aid the trespassers if they are resisted. The justice of
this rule is so apparent that it is not seen how in the less technical Tribunal of an
international arbitration it could be held to be inapplicable.
The United States might well insist that Her Majesty's Government should admit
responsibility for the acts of the Canadian sealers which it basso direitly encouraged
and promoted, precisely as in the proposal the United States admits responsibility for
the acts of its revenue vessels. But with a view to remove what seems tj be tlie last
point of ditrerencc in a discussion which has been very much protracted, the President is
willing to modify his proposal, and directs me to oti'er the following : —
"The Government of Great J$ritain having presented the claims of its subjects for
compensation for the seizure of their vessels by the United States in Behring's Sea, and
the Government of the United States having presented on its own behalf, as well as of
the lessees of the privilege of taking seals on the Pribylolf Islands, claims for
compensation by reason of the killing of seals in the Behring's Sea by persons acting
under the protection of the British flag, the Arbitratoi.n shall consider and decide upon
such claims in accordance with justice and (H|uity and the respective rights of the High
Contracting Parties, and it shall be competent for the Arbitrators to award such
compensation as in their judgment shall seem equitable."
The President thinks that a particular statement of the claims of the respective
Governments is more likely to lead to a satisfactory result than the general reference
proposed by you. It is believed that the form of reference now proposed by him removes
the objections urged by you to his former proposal.
I llQiTC &C
(Signed) ' W. F. WHARTOX,
Acting Secretary.
[572]
7*
No. 119. •
Mr, Howard to the Marquis of Salisbury. — (Received August 3.)
My Lord, St. Petersburgh, July 29, 1891,
"WITH reference to my tclefrram of this day's date, I liavc tlie honour to transmit
herewith to your Lordship a copy of a note of the ICth (28t)i) instant from M. do Giers
to Sir Robert Moricr, acquainting Her Majesty's Amhassador that Sir George Baden>
Powell and Professor Dawson are authorized to visit the Russian fisheries in the Behring's
Sea, and statins that 15aron KorlT, Governor-General of the Amoor Province, has been
informed ot this fact, and has heen requested to facilitate, as much ag possible, the object
of the mission of the above-named Commissioners.
I have, &o.
(Signed) HENRY HOWARD.
Inclosure in No. 119.
M. de Giers to i>ir R. Morier.
M. I'Ai.ibassadeur, Saint-Pe'tersbourg, le Ifi (28) Juillei, 1891.
EX reponse h la note dc votre Excellence on date du 27 Juin (9 Juillet), je
m'empressc de rinfonner que Sir George Powell et le Professeur Dawaon sont autoris^s
a visiter nos pethcries d"olaries dans la i\Ier de Behring.
Je n'ai pas m>uupu'' de porter cette autorisation a la connaissance du Gouverneur-
Goneral dc la Province de I'Amour, Baron Kortf, en I'engageant a faciliter, autant que
possible, nux savants susmentionnes, laccomplissement de leur tache.
Vcuillez, &c.
(Signe) GIERS.
(Translation.)
M, I'Ambafisadeur,
St. Petersburgh, July 16 (28), 1891.
IN reply to your Excellency's note of the 27th June (Otii July), I hasten to inform
yon tiiat Sir G. Powell and Professor Dawson have been authorized to visit our seal
fisheries in Bchrinn's Sea.
I have not failed to inform Baron KorlT, the Governor-General of the Province of
tl Amoor, of tiiis authorization, and to rcqticst him to assist the above-mentioned
gentlemen as far as possible in the accomplishment of their task.
I avail, &c.
(Signed) GIERS.
No. 120.
Colonial Offict to Foreign Office.-
-(Received August 3.)
Downing Street, Augtist 1, 1891.
Sir, , .....
^\ nil reference to your letter of the !)tli May last, forwarding copies of a com-
munication from Mr. C. Hawkins rc:-prrting the seal fishery in the ^ortil Pacific, I am
directed by Lord Knutsford to transmit to you, for the infornnition of the Manjuis of
Salisbury, copy of a despatch from the Governor-General of Canada, inclosing copy of a
Minute of the Privy Council on the subject of Mr. Hawkins' statements.
I am, &c.
(Signed) JOHN BUAMSTON.
Inclosure 1 in No. 120.
Loi'd Stanley of Preston to Lord Knutsford,
My Lord, Cascapedin River, New Richmond, P.Q., July 3, 1891.
" AVITH reference to your Lordship's despatch of the £Oth May last, transmitting a
copy of n letter from Mr. Hawkins on the subject of the seal fishery in Behring's Sea,
I have the honour to forward herewith a copy of an approved Minute of the Privy
76
Council, embodyiog a fieport of the Miaister of Marine and Fisheries dealing with the
question.
I have, &c.
(Signed) STANLEY OF PRli'STON.
Inclosure 2 in No. 120.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on the 27th June, 1891.
TFIE Committee of the Privy Council nave had under consideration certain papers
from the Ctdonial Office on the sulijeet of the seal iisliery in Boliring's Sea.
The Minister of Marine nnd Fisiieries, to whom tlie matter was referred, observes
that Mr. Hawkins states "since nlxmt the yeiir 18S.5 wc liavo received in this country
(England) large numbers of seal-skins, known in the trade as the north-west coast skins,
the same having been taken in tlic open sea, and. from appearances that are unmis-
takable to the initiated, are exclusively the skins of female seals prei;nant ; tliese are all
shot, and I have been informed that for every skin recovered five or si.t are lost through
sinking when struck by the shot "
The Minister further observes, in view of the numerous reports in which evidence of
practical hunters and of otlier well-qualilled imtliovities was submitted, refuting state-
ments similar to the a.s.sertion made in the letter under review touching the percentage of
seals struck and secured by the sealers, it would seem tliat no necessity e.Kists for a
reiteration of the evidence embodied in the Minute of Council approved by your
Excellency on the 4th November, 1889.
The Afinister, regarding the statement contained in Mr. Hawkins' communication as
to what he termg tlio "norlli-west coast skins,'' would advert to the contention of the
Canadian Government to the effect that real danger to seal life is to be found in the
operations upon tlie haulini.f-grouiids and rookeries increased by the catch of seals when
slowly moving along or sojourning on the north-west coast of America, the females being
then unquestionabl)' in pup, before the ulliinaie swift and direct journey to tlie rookeries
has begun. Tliese seals arc the first taken by the sealing fleet on their way to the
Behring's Sea, and are distinguished by the sealers ns the "coast catch," and by
Mr. Hawkins as the " nc-tli.west coast skins."
The Minister tubniitg tliat the testimony produced by Mr. Hawkins in this con.
nection is quite in accord with the information hitiierto obtained, and is most valuable in
support ' f the contention of Canada. It has been previously pointed out that although
great stress had been placed by the United States' Government on the alleged necessity
for prohibiting pelagic scaling in the Behring's Sea, Vti ;■ attempt had ever been made
by that Government for an arrangement to curtnii simii.ir operations along the coast
previous to the entry ot seals into that sea.
In an attempt to vindicate the methods ot the lessees of the seal islands,
Mr. Hawkins proceeds: "We, on the other hand, durinir my experience have had
annually large numbers of seal-skins from Ala'^ka, and also from ll.o Copper Islands,
which are killed by being clubbed on land, and are selected with judgment, being the
the skins of young male seals : the older figliting or breeding males are spared.''
This is anoMier presentation of the case of tlie T'niled States' Covcrhineut for the
prohibiting of cveiy other eliarncter of sealing but that .•idopled by the lessees, so
fre(piently combated )iy your Kxcelleney's advisers. While the .Minister ot .\iariiie and
Fisheries does not deeii, it nece.s.sary to dwell at any length upon the point, lie would, in
pg6.sing, invite attention to the fact that notwithstanding this statement, the United
States' Trca-uiy agents now assert the contrary, and tho Govcrnir.ent of the United
tlatos appear to be act'iig on the Kepoits of their Ageiiis.
The Minister further observes that a ]\linute of Council dated (he (Ah .Innc, i8',)l,
dealt at considerable length with this snbject, and it included the Annual liejiort (1800)
of Special Agent C. .J. Gofl', in which an alarming state of atlairs at the rookeries was
revealed, due, it was stated, to the indisctiininatc slaughtev of seals and improvident
operations of the lessees, in the opinion of the Agent and his a., .istants it had become
neecsbary to enforce a total prohibition of the killing of seals for an indefinite period.
Tlie Minister submits that wliatever s gniticance .Mr. Hawkins' statement may have
upon the abstract question ot the prolecti(m cf seal life in the I'acific waters, it can have
but little, If any, on the controversy between CJreat Britain and the United States, as
[672] L 2
76
the evil complained of, even if as great as alleged, occurs outside the disputed nrca, as
he himself implies in his reference to the " north-west coast skins."
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Excellency be moved to forward a copy of this Minute to the Riirbt
Honourable the Principal Secretary of State for the Colonies, for the information of Her
Majesty's Government.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEB, *
. Clerk, Privy Council.
No. 121.
The Behring's Sea Commissioners to the Marquis of Salisbury. — (Received August 3,)
Steam-ship "Danube," at Victoria, British Columbia,
My Lord, July 10, 1S91.
WE have the honour to report that we met at Ottawa on the 6th instant, and on
the same evening consulted with t! s Premier of Canada, Mr. Abbott, and the Miniater
of Marine, Mr. Tuppcr, on the subject of onr mission.
Th2 Govcrnor-Gencial was absent from Ottawa, but kindly placed Government
House at our disposal.
Wc spent the 7th, Stb, and Oth July in Ottawa in consultation with Ministers and in
collecting information and evidence.
On the evening of the 9th instant we left Ottawa by train direct for Vancouver,
where we arrived on the 15th instant, and found the chartered steam-ship " Danube "
awaiting us at the wharf according to our instructions.
Admiral Hotham, C.B., had crossed from Esquimalt to meet us, and informed us as
to the very complete arrangements lie had made for Her Majesty's ships in Behring's Sea
to assist us in every way.
Shortly after our arrival a deputatinn, bended by Mr, Oppenheimer, Mayor of
Vancouver, waited upon us on behalf of the scaling-vessel owners in the city, with whom
we had a most .satisfactory conference.
We left Vancouver at G r.M., and ai rived at Victoria tliis day at 1 a.m. At 10 a.m.
we received, as by previous arrangemont, an important dei)utation of the Board of 'j'rade
and Sealers' Association, who gave us most valuable information, and willingly promised
to procure more on certain points pending our return. We have also consulted other
authorities in Victoria, and completed the e(|uipnient of the " Danube."
Wc leave the port this evening bound for the Pribylolf Islands.
We have, &c.
(Si;ncd) GEORGE BADEX-POWELL.
GEORGE M. DAV/SON.
No. 122.
The ifarquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, August 12, 1891.
I HAVE received your despatch of the 24th ultimo.
The modification of the 7th Article of the Arbitration Agreement proposed by the
President of tlie United States, and connnunicated in Mr. Wharton's note to you of the
23rd ultimo, contains the following word;!: —
"The Government of the United States liaving presented on its own behalf, as well
as of the lessees of the i;rivilogc of taking seals on the PriljylofF Islands, claims for
compensation by reason of the killing of seals in Jiehring's Sea by persons acting under
the protection of the British tiag, the Arbitrators shall consider and decide upon such
claims "
These words involve the doctrine that Her Majesty's Government are liable to make
good losses resulting from the wrongful action of persons sailing outside their jurisdiction
under the British ilag.
It would be impossible for Her Majesty's Government to accept such a doctrine
even at the hands of an Arbitrator. Nor can they admit that, by having asserted
77
diplomatically the right of any persons to do that which an Arbitrator subsequently
decides such persons cannot do, tliey are made liiible in damages.
This 7th Article, wliich deals with the question of compensation, is therefore liijely to
give occasion for lengthy nei:otiations, and t!ie question arises wUctlicr it would not be
better, if the Government of the United States will agree to such a course, to sign the
other six Articles as to which an agreement has been arrived at, and to proceed with the
arbitration, leaving the 7th Article to be treated separately ?
No. 123.
The Marquis of Salisbury to Sir J. Pauncefote.
(Tclegrnpbic.) Foreign Office, August 22, 1891.
I AM of opinion tliat it will be better for you to clearly recapitulate the grounds,
as sot forth in the telegram from this Office of the 12th instant, on which Her
Majesty's Government cannot agree to the wording of the 7th Article proposed by
the President, and that, in lieu of it, you should propose one somewhat as follows ; —
" Either of the two Governments may submit to the Arbitrators any question of
fact which it may wish to put before them in reference to the claims for compensation
which it believes itscif or its nationals to jjossess against the other.
"The question whether or not, and to what extent, those facts, as determined by
the Arbitrators, and taken in connection witli their decision upon the otiier questions
subuiitted to them, render such clninis valid according to the principles of international
law, shall be a matter ot subse(|ueiit negotiation, antl may, if the two Powers agree, be
referred in whole or in part to the Arbitrators."
This is not to be taken as a delinitive wording, and the proposal should be so made
as to leave either side free to amend it.
No. 123*.
Sir G. Baden-Poivell to the yiarquis of Salisbury. — (Received August 23.)
(Telegraphic.) Seal Island, Auijui^t 5, 1891.
HAVE ascertained that this year's take of .seals is already considerably in excess of
7,500, On the assumption Unit the limilalion of catch begins only from the date of the
signature of the modus vitcndi, the United States' Agent continues to kill the seai I
am posting despatch on this sutyect.
No. 124.
Sir J. Pauncefote to the yfarquis of Salisburi/, — (Received August 23.)
(Telegraphic.) Xewporl, August 23, 1S!)1.
WITH reference to your Lordship's telegram of yesterday respecting the clause in
the Behring's Sea Agreement on the question of ilainnges, I have the honour to inform
your Lordship that I am writing an unollicial letter, marked Private, to the Acting
Secretary of State, based on the telegram above mentioned.
No. 12o.
The Marquis of Salisbury/ to Sir J. Pauncefote,
(Telegraphic.) Foreign Office, August 20, 1891.
1 HAVE to request you to communicate to the United States' (iovernment Sir
G. B. I'owell's telegram of the oth instant, repeated in my preceding telegram, stating
that the United States' Agent at Seal Island continues to kill seals, although the number
already killed this year is materially in excess of the limitation agreed upon by the
modus viinidi of the l;Jth June last.
You should slate that Her Majesty's (iovernment are convinced tliat the President
will not permit any depiulure from the tiiic s[iiril of the .Agree\nenl, uiid will lake such
measures to insure its strict observance as may seem to him to be requisite.
78
No. 126,
Sir J. Pauncefote to the Marquis of Salisbury, — {Received August 31.)
My Lord, Newport, August 20, 1891.
I TUANSMITTED to your Lordship in my despatch of the 23nl June last a copy
of till' ireuiorandura which I comiuunicatcd on the 24th of that month to tho Acting
Secrutary of Statu, embodying tlie substance of instructions issued to tlie British
criii/.i-rs in 15i>hring's Sea in pursuance of tlu; modus viinndi, and sui,'r;estin!^ that an
AgrecMuent should he come to between the Governments of Great Britain and tho
United States for mutual indemnities in respect of acts committed by tlie eruizers of
one nation ai^ainsl the vessels of the other in execution of that modus vivendi.
As I inl'oi'uied your Lordship in my despatch of tho 27th June, I received a com-
nninieution from the Actini,^ Secretary of State in reply, ae(|uaintin£? me that the above
Memorandum had been immediately transmitted to tlic United States' Navy Depart-
ment, for their information.
No answer, however, beinij received to tho proposal contained in the latter portion
of the -Memorandum, I addrosscMl a note on the 8th instant to Mr. Wharton, copy of
which I have the honour to inclose, requcstinq; to bo informed, at his earliest con-
venience, of the views of the United States' Government with respect to the suggested
Agreement, and I have now received a note from him, in reply, of which I have also
the honour to inclose a co{)y.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 120.
Sir J. Pauncefote to Mr. Wharton,
Sir, Ncuiport, August 8, 1891.
ON the 2.3rd June last I had the honour to place in your hands a Memorandum,
embodying the substance of the instructions issued to British crnizers in Beliring's Sea
in pursuance of the modun vivnidi signed on the l.")th of that month.
The ^femorandum also ef)ntaincd a proposal for an Agreement between the Govern-
ments of Great Mritain and of the United States for mutual indemnities in respect of
acts committed l)y the eruizers of one nation against the vessels of the other in
execution of the mndiis rlrrii'li. 'I'o tliat ]M'.)i)osal [ have not as yet been favoured with
a reply, and I should be extremely oi)li.;ed if you would bo good enough to inform me,
at your earliest convenience, of the viiws of your dovernment with respect to the
suggested Agreement.
I have, &c.
(Signed) JULIAN I'AUNCEFOTE.
Inclosure 2 in No. 120.
Mr. Wharton to Sir .J. Pauncefote.
Sir, • Dcjuirlmont of Slate, Washington. August 17, 1891.
T HAVE the jionour to acknowledge the receipt of your note of tiu> !<rd instant,
in which you refer to a .'femorandum of the 'I'M June, left witli me the 2l.tli June,
in wiiicii you subniitt(>d a pro))(>s:il for an Agreemmt l)etween the (iovernments of
(treat Britain and tiio United States for mutual indemnities in ri-speet of act*; com-
mitted by tlie eruizers of oiu; nation agains? the msscIs of tlie otbcr in execution of
the Hindus vivvndi.
'I'he i'resident desires me to say, in icply. liial it seCiiis to him to be quite
unnatural tiiat the two (Joverninents, iiaving eonic to a liicndly understanding as to a
modus vivendi: and tlie method of its enforcemeni, should anticipate or attempt to
provide ag.ainst ])()ssilile breaches or violations of duly by the vessels of eitliev country.
It will be time enough, in the President's opinion, wlii'ii ritber (iovernmcMt lodi^'cs
against the other a complaint in tliis I'cgjird, to cmisider iho iiuestiim of indemnity.
The I'resident desires me to state that he hopes tli;i( no such (]uestion may arise, but
th;it be will be prepared to meet it in a friendly spirit, if, unl'ortunatoly, differences
should develop. • •
' ' ' ' I iiave, &c.
' ' • . (Signed) W. WTTARTON.
79
No. 127.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received September 7.)
My Lord, Xevport, Aurjust 28, 1891.
WITH referenoe to your Lordship's telcffrnm of tho 22nd instant, I iinve tyic honour
to inclose copy of the priviitc and iinoliicinl letter which I liave addressed to the Acting
Secretary of State, relating to the compensation clause in the Behring's Sea Arbitration
Agreement.
I have, &c.
(Signed) .JULIAN PAUNCEFOTE,
Inclosure in No. 127.
Sir J. Pauncefote to Mr. Wharton.
(Private and Unofficial.)
Dear Mr. Wharton, Newport, August 20, 1891.
IN my reply to your official note of tho 22nd instant I stated that I hoped to be
able to send an answer to your note of the Sfird ultimo in a few days.
Before doing so, however, I am anxious to e.\])hiin to you privately and unofficially,
as I would do verbally wore I in Washington, the objection whioh niv CJovernment
entertain to the latest form of clause rolatini;- to con))iensatioii, which lias been proposed
by the President for adoption as Article 7 in the JJehring's Soa Arbitration Aareeuient.
Such a private" and unollicial oxclinii,i;o of views at this point of the ncirotiations may
abridge the official correspondence, and fac'iil ite a solution of the ]ire<cnt diilicultv, on
the basis of a suggestion whicli you made when we discussed tho question iuforuiaily at
Washington. My Government are unable to accept the form of clause proi)osed by the
President, because it appears to them, taken in connection witii your note of the
2ord ultimo, to imply an admission on their part of a doctiine respecting the liability of
Governments for the acts of their nationals or otlior persons sailing under their flag on
the high seas, which is not warranted by international law, and to which they cannot
subscribe.
I need hardly say that (he discussion of such a point (which after all m,ay never
arise) must prolong the negotiation indefinitely. .Moreover, it seems premature to enter
into such a discussion before the other questiniis to bo submitted to the Arbitrators h.ave
been determined, and all the facts on which any liabilily can aii-e have been
ascertained.
Your suggestion, to which I have referred, was to leave out altogether the question
of damages from the Arbitration Agreement, and you may remember that, at the tio-.c,
I did not encourage the idea, not apiireliouding that the clause would givi rise to such
protracted discussion, and being, nuireover, anx'ous that the settlement to 1." a.rivcd at
should embrace and finally dispose of every point in controveisy.
There is a middle course, however, which appears to me to commend itsell', from
every point of view, as a practical and logical solution of the present difficulty. It is to
omit the 7th clause as to conipensalion. and to iuseil, in its iihice, a clausi; referring to
the Arbitrators any question of fact which either CJovernmenl may put to them with
reference to the claims for compensation it believes itself to possess. The application of
the facts to international law might be a nuitter for negotiation after they are
determined, and, if the two Governiuents agree, mi^ilit be referred, in whole or in part,
to the Arbitrators. The clause might be worded as follows : —
"Clause 7. ICither of the two (Jovorrunenls may >td)uiit to the Arbitrators any question
of fact which it may wish (o put het'ore them in ret'oreiice to tin- claims for compensation
which it believes itself or its nationals to possess against the other.
" The question whether or not, and to what extent, these facts as determined liy the
Arbitrators, and tjikcn in connection with their decision upon the otlior (luostions
submitted to them, render such claims valid, according to the principles of international
law, shall be a matter of subsequent nci^otiation, and may, if the two Powers agree, bo
referred, in whole or in part, to the Arbitrators."
I do not, of course, pniposo the above wording as definitive. It should bo open to
amendment on either side. But if, after submitting it to the President, you should bo
able to inform me privately that such a clause, under the circumstances, would be
acceptable to your Government, I would then address you otlicially in reply to your
note of the 23rd ultimo, and formally uiaLo the above proposal, stating the ground on
which it is based.
80
Hoping that this mode of settlement of the last point in dispute will meet with your
approval, and that tliis elfort, on my part, to hiinii; the negotiation at once to a satis-
factory termination may be successful, I reiuiiin, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 128.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received September 7.)
My Lord, Newf^orl, August 28, 1891.
WITH reference to my other despatch of this date, I have the honour to transmit
herewith copy of the note of the lOlh instant from the Acting Secretary of State,
referred to in the inclosure to my above-mentioned de.s|);itch, in whicli Mr. Wharton
inquired when an answer may he expected to his note of the :^3rd ultimo, relating to
the proposed compensation clause in the Behring's Sea Arbitration Agreement.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 128.
Mr. Wharton to Sir J. Pauncefote.
Sir, Department of Slate, Washington, August 22, 1891.
EEFERRING to my note to you of the 23rd ultimo, relative to the proposed
agreement of Arbitration of certain matters atiecting the seal fisheries in Hehriiig's Sen,
I would be extremely obliged if you would be kind enough to inform me when an answer
to the same may be expected,
1 have, &c.
(Signed) WILLIAM F. AVHAKTON,
Acting Secretary.
No. 129.
Behring's Sea Commissioners to the Marquis of Salisbunj. — (Received September 8.)
Steam-ship " Danube," at St. Paul Island, Alavka,
My Lord, August 5, 18"i.
Wl"i venture to think it desirable that we should at once report to your Lordship on
certain points which liavc come to our knowledge in relation to Article 2 of the modus
Vivendi, and we inclose copy of a letter wliicli we deemed it right to address to the
Treasury Agent representing the United States' CJovernment on the Pribyloll' Islands.
We send with this despatch to the nearest telegraph olKcc, wliich is 2,000 miles
distant, a telegram of «liicli the following is a i)inMi)hiase : —
" Prihtjloff' Islands, 5ih August. — Have the honour to inform your Lordship that
this year's take of seals already considerably exceeds 7,500.
" The Agent of tlic United States' Treasury continue'-, to allow seals to be killed on
the assumption that the limited catch is lo commence from the date of the signing of
the modus vivnidi. Despatch follows by mail."
Immediately on our arrival heie wc established relations with the oflicials of the
Government and of the North American Commercial Company of a most friendly
character, and they have given us every aid and assistance in our inquiries. ]5ut no
sjiecdily discovered tliat before the date of our arrival here (28th July), at the lowest
estimate 8,800 seals had been killed this season, and that it was in contemplation to kill
at least several hundred more.
We had understood especially from Mr. Wharton's letter to Sir J. Pauncefote of
the Cth June, 1S(J1, that the Agents of the Treasury Department had been instructed
by order of tlie President to stoj) the killing when 7,''00 seals had been taken, and that
the Government of the Uniteil Stales bad taken every piccaution to insure the observa-
tion of the stipulation to limit the catch to 7,500.
At St. Paul wc were informed that the Treasury Agent had been instructed on the
81
27lli Mi>v Id I;i".'p tlic (|U()(;i of shins liiken i),v tlie Company under 7.'"i'>0, and that en
ruult' to till- i Jams liu \v;is advised l)_v teleiini])]! to iiitcrprel liis instriKlions in accordance
with the United Slates' Proclamation. He arrived at tlio I'rihvloff' Islands on the
Kitli June, hnt tlie said Proclamation did not reach the islands nnlil the L'nil July. In
llie meantime, we (ind that «licn the <|uota of 7,.')00 seals had been killed (by tlie
•JOth June), all killinj;' for the 1,'ompany was stopped.
The Treasury .\i>-ent explained to us thai he had much difficulty i?i ini<r|irctinjr the
Proelanialion when it arrived, as he received no supplementary in^triu'tioiis with it.
.After lull consideration !;e decided to jiermil killiuij "for food " to coniiniio ap|iarently
on the assumption that the limit of catch to 7,o()() was to commence froni the date of
signin;j the umdu.^ liveiidi, that is on the L^-tli June.
We have heen informed that alrea^v i,-lOU seals liave been killed in excess of the
above number as "food seals," and that oi tlie same assumption it is contemplated that
periiajis 2,(KJi» more will be killed this seascn.
'i'hc ag:ent has given orders that no killing shall take place during the coming
" stagey " season (which lasts from the beginning of August until the end of October),
the skins being then of little value, but he bos exnlained that the killing would be again
resumed after that interval.
We may add that the skins killed for f.iod become the property of the Lessee
Company, and that therefore the total number of seals to be killed and placed to the
credit of the Company during this season would exceed by ;).000, the 7,500 contemplated
under the modus tiiendi.
We n-.ay observe that the market value of 7,')00 skins would probably roach a total
lif ;}0,0'- 0/. The Lessee Company are bound to provide dwcliiii'is, ciiurc'n, school
accoiniiiodation, and 10 i tons of coal for the natives, and to support the willows and
orphans and the aged and iiiUrm, hut tiiey are under no legal obligation to furnish food
for the inhabitants generally. Wo learned, however, that they have made every prepara-
tion to provide the iicccs>:ary food, and that the vhole expenditure on all counts until
next spring would not exceed 5.00(1/.
We e.xainined the stores on the two islands and found ample supplies for all demand?
of the coming winter. Wliether the ultimate charge of feeding the natives will fall on
the Government of tlie United States or on the Lessee Company, it is equally certain
tli.at in addition to the llcsli of 7,. 000 seals, the value of their skins will far more than
repay any exiienditure incurred in default of the wages earned when the full quota of
seals is killed.
We feel it to be our duty, in view of the submission of the whole question to
arbitration, to take the speediest means of drawing your Lordship's attention to the
manner in which we have found that clause 2 of the tiwdiis rlrendi is being dealt with on
ttic Prilnloff Islands, in order that, if necessary, the jiromptest steps may be taken to
draw the attention of the authorities at AVashington to the matter.
We may add that as our means of communication are very uncertain, we have
inclosed a copy of the telegram, as (|Uoted above, in a despatch to the Ctovornor-General
of Catjada, with a request that ho will he good enough to inquire by telegraph whether
it has duly reached your Lordship, and in the event of its not having done so. that he
will transmit it in cypher through the Secretary of State for the Colonies,
We have, &c.
(Signed) GEO]?GE B.VDEN-POWELL.
GEORGE M. DAWSOX.
Inclosurc in No. 129.
on the
Be!iri»g's Sen Commissioners to Major fVilliams.
Dear Sir. Steamship " Danube," at St. Paul, Julij .^0, 1S91.
WITH reference to our conversation ■ of the 2Sth instant, relative to the limitation
of the number of seals to be killed under the agreement conu! to by the (Jovernnienls of
the United States and (ireat Britain, we think you may be glad to receive this expression
of our opinion, based upon the information in our possession, tliatthe intention of the
two Governments as conveyed by Article 2 of the mndua viremli was, that on the part of
the United States the stipulation would he strictly observed to limit the catch this
season to 7,500 seals, iind U; stop the killing when that number had been taken.
As you were good enough to invite our opinion on the above subject, we venture to
[572] M
8» ' ^ '
place it in your hands, although the question is apart from the immediate scope of our
inquiry.
We remain, &c.
(Signed) OEOIJGI': nADEN-POWKLL.
GEORGE M. DAWSON.
No. 130.
Behring's Sea Commissioners to the Marquis of Salisbury. —{Received September 8.)
Steam-ship " Danube," at St. Paul Island, Alaska,
My Lord, Aurjusl 6, 1891.
IN continuation of our despatch of the 16th July, wo have the honour to report
that after a pnssago of seven and a-half days from Victoria we rcaehoil Kiuliuk
Harbour, Oonalaska Island, on the 24th ultimo. There wc gathered information from
various residents, and nrrangcd future plans with the Senior Naval Officer in Behring's
Sea, Captain Turner, R.N"., of Her Majesty's ship " Nymi)he."
As we were leavin;;- for tlie Pribylolf Islands, the United States' surveying-vessel
" Albatross " arrived at Ooimlaska, having on board Professor .Mendenliall and
Dr. Merriani ; we therefore delayed our departure for a few hours in order to make
their ;ic(|iiaiiitnncc. We then proceeded direct to the Pribylolf Islands, being accom-
panied by V.r. Tingle, Snperintendent of the Nortii American Commercial Company,
whom we met at Oonalaska, and to whom we offered a passage to St. Paul Island.
AVe investigated all the seal rookeries and iiauling-grounds on the island, and
obtained a large mass of i\ idence from tiie officers of the United States' Government
and of the Company, as well as from the natives, on the subject of seal life.
The "Albatross" arrived at St. Paul on the evening of the -8th July, and in a
conference with Professor Mendenhall and Dr. Merriam, we explained to them the terms
of our commission ; they, however, informed us that, having as yet received no formal
commission from their Government, they were unable to enter into any form.il discussion
with us on the subject of our inquiry, but that they hoped at some future date to meet
UB for this purpose at W'ashingtim or elsewhere, their object in the meantime being to
acquire for themselves such local knowledge as would enable them better to understand
the large quantity of documentary evidence respecting seal life in the possession of the
United States' Government.
On the .'31st July we left for St. George Island, taking with us Dr. Merriam. We
examined all the breeding-grounds on that island and obtained much additional informa-
tion from the Government Agents and employe's of the North American Commercial
Company there.
After full and careful inquiry into the various questions connected with the habits
and treatment of the seals on the Pribyloff Islands, we are this day proceeding to cruize
at sea for the purpose of examining the habits of the fur-seals in those parts of Behring's
Sea, where we gather from the information we have received that 'here will be the best
opportunities for such observations.
Her Majesty's ship " Pheasant " has been detailed to cruize with us, and we shall
thus obtain valuable assistance in our investigations, while at the same time she will
have the h st opportunities of falling in with any schooners still remaining in Behring's
Sea.
^^c hftvc Sec*
(Signed) ' GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 131.
Sir J. Pauncefote to the Marquis of Salisbunj, — (Received September 8.)
(Telegraphic.) Newport, September 8, 1891.
I HAVE the honour, with reference to my despatch of the 28th ultimo on
the subject of the compensation clause in the Behring's Sea Arbitration Agreement,
to inform your Lordship that I have received a private and unofficial answer from the
Acting Secretary of State to the following effect :
[See Mr. Wharton to Sir J. Paimcefote, September 7, ISOl, Inclosurc in No. 135.]
83
No. 132.
Colonial Office to Foreiyn Office. — (Received September 11.)
Sir, Downing Street, September 10, 1891.
WITH reference to previous correspondence, I am directed by Lord Knutsford to
transmit to you. to be laid before the Mnrquis of Salisbury, a copy of a despatch from the
Governor-General of Canada, inclosin": copy of a despatch from Sir Julian Pauncefote,
toffcther witii an approved Minute of bis Privy Council, concurring in a Report by the
Minister of Marine and Fislieries on the subject of certain Reports and papers relating
to the conditions of seal life in the Pribyloff Islands.
I am, &c.
(Signed) K. H. MEADE.
Inclosure 1 in No. 132.
Lord Stanley of Preston to Lord Knutsford.
My Lord, Stanley House, New Richmond, P.Q., August 18, 1S91.
I CAUSI'3D to be referred, for the consideration of my Government, a copy of a
despatcli from Her Majesty's Minister at Washington, coverin>r cojiies of Reports of tlie
United States' Government Agents ^stationed on the Triiiyloir Islands, wliicb were laid
before Congress in February lust ; also an extract from the " Cleveland News and
Herald " of the 4tl! May, 1891, containing the introduction to Professor Elliot's
voluminous Report on the condition of seal life in the rribyloff l.slands during the
summer of 1890, which did not >'uciimpany those presented to Congress; and I have now
the honour to transmit to your J^ordship a copy of an ap])roved Minute ol' the Privy
Council concurring in a Report appended thereto by the Minister of i\larine and Fisheries
on the subject.
I have also the honour to inclose a copy of the above despatch from Sir Juli
Pauncefote ; and for the inclosures I would refer your Lordship to the Britiaii pri n
"United States No. 2 (ISOl):" " Further Correspondence respecting the Lehring's Sea
Seal Fisheries," p. 12, Appendix, Inclosure in No. 1 ; also p. 53, Inciosu;e 2.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 132.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on the 3rd August, 1891.
THE Committee of the Privy Council have had under consideration a oespatch,
dated the 2:.'nd May, 1891, from Her Majesty's Minister at Wasliington, covering
copies of Rei)orts of the United States' Government Agents stationed in the Pribylotf
Islands, which weie laid before Congress in February last; also an extract from the
"Cleveland News and Herald" of the Ith May, 1891, containing the inirouuclion to
Profe.ssor Elliot's voluminous Report on the condition of ;',enl life on flie Pribyloff Islands
during the summer of 1 S'.iO, whicli did not accompany those (.veseuted to Consress.
The Minister of Mirine ami F^isheries, to whom the de:^patch was rererrcil, submit
the annexed Report, da.ed tlie -'5th .July,"^SiJl, upon the subject under consideration.
The Committee concur therein, and on the recommendation of the Minister o
Marino and F'isheries advise that your Excellency be moved to forward a eopy of this
Minute to the Right Honourable the Secretary of State for the Colonies, for the informa-
tion of Her Majesty's (lovernment.
All which is respectfuUv submitted for vour Excellencv's approval.
(Signed) JOHN J. McGEE,
Clei'k of the Privi/ Council,
L672J
M
H
Inclosurc 3 in No. iii'2.
Report.
To his Excellency the Governor-General in Council.
THl'] Undersigned has had referred to liiiu a ilo-ipatch from Her Majesty's Minister
at "Wasliiiii^lon. dated tlie '22nd May, lyOl. coverinu' copies of Ro])orts of ilio United
States Government Auents stationed on the Prihylot!' Nhmds, whidi were laid liefore
Conjfress in Fehniary last ; also an extract from (lie "('lev(dand .\"ws and Hi raid" ot
the 4tli ^^!ly, IS',)], containiiifr the introduction to Professor I'^lliot's vohnniiious Report on
the condition of seal life on the I'rihylotf Islands durinjr the summer of 18'J0, which did
not accompany those presented to C(mgress.
It will ite rememhcred that on the 'JTth May last the Undcrsiffncd had the honour of
roportini; to )our Kxcellonoy upon tlic statement of Special Aircnt Golf and his assis-
tants, in which he at some lenj;th reviewed the statements therein contained, 'i'his
l{eport was a])|iroved hy your Excellency on the t'tli June, 18U1. and the Undersigned
■would n(nv invite attention thereto.
He had at that time occasion to regret that the nx parte Kepurt of Mr. Henry AV.
Elliot, to which reference had frequently heen made, had heen withiield from pu'ilicaiiin,
and not communicated to the Canadian (lovernment.
Tiie newspa])er extract now referred to the Undersig.ied, hovever. contains a
lengthy introduction to this IJeport of Mr. l']lliot, apparently emhracing tiie principal
features dealt with in detail in the hoiiy of his Report.
This article is prefaced hy the statement that Mr. Blaine is, through tliis Report, in
possession of information not previously at liis disposal, whicli, it is argued c mnot fail to
imjiress upon all concerned the necessity tor immediately preventing the killing of seal.s
in the open waters of Behring's Sea ; but it is to he notic(nl that the pvepDuderance of the
evidence referred to in the Report is entirely op])osed to liiat, particular view. It is
8ul)nntted that the Report really aims at the operations on tiie lireeding islands by the
lessees of the United States' Government.
Mr. IClliot says : —
" I eiiiharkcd upon this mission with only a faint apprehension of viewing anything
more than a decided diminution of the Prihylotf rookeries. cause<l by pelagic sealing
during ilie last five or six years, but from the moment of my Innding at St. Paul's Island
on the 21st of last May, until the close of the breeding season, those famous ' rookeries'
and ' hauling-grnuiids ' of the fur-seals thereon, and of the St. George Island, loo, began
to declare, and have declared, to my astonished senses the fact that their niter ruin and
cxteriiiination is only a questi :n of a few shiu't years iVom date, iin'ess pro;iiiit and
thorough measures of relief and protection are at once onleretl on sea and on land by lb;'
Treasury JJepartment and enforced by it."
He enters into a ieugtiiy explanation of the reasons lor the discrepancy iietweeii his
present statement and the views expressed by him with regard to the inexhaiistiLile sup|)ly
of seals upon the rookeries during the term of 1S72-74, when he was "firmly satisfied
that, as matters were then conducted," there was no reason to fear injury to the regular
annual sujiply of male life necessary to the jierpeluatioii of the rookeries.
lie gives as reasons for his complete change of opinion, and for now finding "only
a scant tenlii of the number of young male seals which I [he] saw there in 18"i'," the
following : —
" 1. From over-driving without heeding its warning first begun in 18TS), dropped
then until 18S2, then suddenly renewed again with increased energy from year to year until
the end is aiiruplly reached, this season of 1S!)0.
'"2 From the shooting of far-seals (chielly females) in the open waters of the
North Pacific Ocean and Behring's Sea, began a business in 188t), and continued
to date."
It will be observed that this second reason is given for the decrease principally of
young males, while further on in the same Report, and throughout the whole controversy,
pelagic sealing is and has been held to be p.irliculaily destructive to females.
Unlike all previous Reports of United ^ lates' Treasury Agents, this takes the initia-
tive in ascribing the alleged enormous decrease of seal life on the rookeries jirimarily
to the les-ees of the breeding-islands; but, like all others, it reiterates the oft-refuted
statement that the shooting of fur..scals (chiefly female.-') in the open waters of Reliring's
iSea and the North Pacific Ocean is responsible, though secondarily, for the alleged
diminution of seals on the breeding-grounds.
85
It is worthy of notice tliat \hU appears to Ut' tlie first occasion upon which United
States' Special Aifciits have altriimtcd tlii- falhim-oll' to the operations of Healers in the
Nortli Pacific Ocean outside iSchriim's Sea ; ami to this, no (louht, is due tlie cstcnsiou
of the i^rouiid iccently propo-ed In .Mi'. Hlaiue to \u- covered hy llic arhitration.
it will not he t'oricoltcn tlial the Uinier-iitijnod, Mhcn refutin;? the statements as to
the killing' of females in jielninu's Sea (tlie only waters under (lispiitc), has frerpiently
shown that it niij;lit oc true tiiat the |)uisuit of seals nlonif tlie coast and outside
Hehrinif's Sea was destnu'tive by reason of the killin;;' of females witli i)up, durinjj tlieir
slow movements liefore tlioy enter tliat sea, liut that, after entering, tlie females made
a swift passanfQ to the rookei'cs in ii hee-Une, and the danger no longer e.xisted
The (piestion in disiiute is not as to the destrncliim of seal life outside Bchring'a
Sea, hut the right of tli(- I'nited Strites lo nionopolijvj the seals in Hehring's Sea to the
extent of excluding other nations IVoni their pnrsiiit in those waters. The authorized
Agents of that (Government have, in the pist, either failed in their duty, or were unable
to appreciate the significance of the gralnal atul certain decline of the seals dwelt upon
by Air. I-illiot; for ho now r^'pnrfs that not initil lf*SO has there been the slightest
intimation in the anninil declarations of (lie oflicers of the fJovernniont of the least
diminution or dccrea^e of seal life cm these islands since ins work of \Al-l: was given to
the world.
lie discredits tiic statements of tlioso Agents as irrcconeilahle with the evidence of
the decrease in the supply of \oung male seals.
The riidersiiined calls attention to the striking fact that the serious decrease now
alleged has occurred, it is stated. piinci|(ally in the case of young males, while the United
Slates' Agents still jjcrsist in hlaming pelagic selling for its alleged disastrous results
to females.
This |)osition wouhi appear lo be as difTicult of reconciliation as the statements of
the otlier Agents are tlioii;;ht hy .Mr. I'.lliot to he.
A glance at his figures, which he states arc so carefully and accurately compiled,
discloses the fact that the percentage of the decrease in foinales is G'2^, while that in
young seal pups is over 75.
Mr. I'^liiot proceeds : " Naturally enough, being .'o long away from the field, on
reading Mr. Charles .f. GofT's Rejiort for the acascni's work of 1889, I at once jumped to
the conclusion that the pelagic saling. the poaching, of 1S8G-8S was the solo cause of
ared manifest on those rookeries and hauling-grou'ids of the
till
irinka:
re whicii lie doc
PribylofI Islands ' .And he goes on lo say that even then, after calculating the
number of skins ]ilaced on the market by pelagic sealers, he could not satisfactorily
charge the whole deciease to tlieni. He states that the class from which 85 per cent,
of llie pelagic calch is drawn are " females and yonng-hoin and unborn ;" and while he
expected this to work damage to the rookeries, he was wholly unprepared for an estab-
lishment of the correctness of Mr. Golf's Ucport.
" After an entire new and lopo^raphical survey and triangulation of tlie landed area
of the seven rookeries (jf St. I'aul l>liiid and those of St. George Island," Jlr. Elliot is
impressed with the bad ellect of " driving' the seals for years, which practice, in his
opinion, reiulers them unfit l\n si rvice on the breeding-rookeries, " being utterly
demoralized in spirit and body," anil tliis i-; now admittedly the principal cause of tho
reported decrease in seal life.
.Vccording to .Mr. Elliot, pelagic sealing, or " poaching," as he terms it, commenced
in 188(). If continued under the harassing and embarrassing interference of the United
States' authorities down to and including the year 1889— just four years. He describes
the rookeries to have been " in s|)eiidid condition," .... when " they passed into the
liands of the ITnilod States." Now, after tnenty-two years of killing operations on the
islands, he sinhh-rdy discovers reasons to fear extermination of the seal species, and
attributes tlic falliiig-otf in a groat degree to four years of pelagic sealing, beginning in
188(3 ; ill the face of this statement, in the same Report, that "that day in 1879 when
it became iicces-aiy to send, a sealing gang from St. Paul village over to Zapodnie to
regularly drive from that hitherto untouclied reserve, was the day that danger first
appeared in tangible form since 1870 — since 1807 for that matter." That is to say,
seven years before miich-ahiised pelagic sealing, according to Mr. Elliot, had begun.
Tims, in the oiiiiiioii of tlie Undersigned, in the light of this and similar Reports, are
his repeatedly expressed views vindicated, as also is tin; fact established that the protec-
tion to seal life on tiie islands, provided hy the United States' Government, is and has
been w holly inadequate.
The Reports, however, reveal anotiier tact entirely opposed to the contentions of the
United States' authorities nnd Agentti, and of Professor Elliot himaelf. This fact is, that
86
the whole nysteni of conducting the scnlinfr industry, on the only places wliere it hog
been held sonls could be protected, bus beeu eouceived and Inised upon luinentablj
erroneous ideas.
Till' stntc of aflhirs tlius recorded affords a fitting;; commentary upon a system of
proteili'iii wiiic'h will ndniit of llie constant interference, dealini; torture and death to
these nuiiuals in a wild state, on orotnids chosen by lliem for aiiiiuHdy perl'orniiriK their
functions of procrentinn. It is ojiposed to the liist iu-itiuct of all aniuiul natuie — that of
sclf-iireservatioii — and is iiiiuirably adapted to drivinj;- the seals from the breeding-
rookeries to seek other haunts.
While the I'lidersiuiicd does ncit consider it necessary in this connection to refer to
the (]uestion of riyht rai^id by the term " poacher," as applied by .Mr. I^lliot to pelagic
sealers, this (|uestioii being one all'ecling an entirely distinct feature in the controversy
in no way connected with the (|uesliou of the preservation of seal life, he desires in
passing to briefly state the following: —
\t has been clearly established that no attempt has ever been made by any of the
(Janadiau sealing licet to operate within the teiriiorial waters of the United States. The
unwarranted inteiference by United Slates' revenue-cutters has in every case been out in
the open waters of the sea. J'ree to them and to the subjects and citizens of all other
nations.
In his Report Mr. I'jlliot dwells at eon>iilerable length upon the history of the
sealing industry of the Pribyloff Islands under the liu-^-iau rule i)revions to the aeipiisi-
tion of these islaiul.-. by the (iovenitneiit of t!'e iJniieil States. Jle argues tliat to the
fact that ivi these earlier days the skins were air-dried (not salted as now) is clue the fact
that the seals were not y(>ars ago exterminated, the work ot sealing being then far slower
and nuicli more diliicult than now.
In his opinio!! the inability to rajjidly cure the skins for shipment alone Haved the
Pribyloff rookeries from utter exlerniination, as at least thirteen trading organizations
were engaged on these islands continuously for seventeen years in taking the fur-seal
skins ; and he believes, bad they jiossessed the knowledge of salt curing now in vogue,
they would have killed every fur-seal which showed itself, Yet farther on he ijuotes
from Jiishop Veniamiiiov, that, in 1803, 8(J0,00O seal skins had accumulated, of which
700, OUU, having spoiled, had to he cut or thrown into the sea 'I'lius on one occasion
enough skins were destroyed to cover seven years of the l^tal take of the former
American lessees, or nearly twelve years' take oi' the prcKent Company, under the terms
of their lease, adopting the basis of 00,000 skins per annum.
The system, or even want of system, which permitted such drains as this upon the
seal life of these islands by so many Conipanics must have been less hurtful to seal life
than the organized methods pursued under the supervision of the United States' Govern-
ment;, for though the earlier sealers did not know how to preserve the skins tvhen they
got them, the present lessees, it is allei^ed. cannot get them to preserve, though only one
organization has been engaged for twenty-two years, as against ....rteen organizations
indiscriminately working for seventeen years; and the one organization began ojierations
with the ro(d<eiies adiidttedly in "splendid condition," and considered by Mr. Elliot to
be piactically inexhaustible.
This opinion of Mr. h'.lliot might have been correct in the main, but it is evident
some other and more provident method of reaping the seal harvest on the islands must *
be devised if the stock is to be perpetuated.
'i he Undersigned sees no reason to reverse his opinion as to the relative ed'ect upon
the rookeries of luinlin;i' seals in the open waters of I^eliring's Sea, nor can he conceive it
possible that such method of sealing eonld niatciially a-sist in bringing a! out the
disastrous results now alleged. In his opinion it could have no more effect upon the
permanency of the sealing industry than would the legitimate pursuit of any other
business in like manner.
Jlr. Elliot concludes by stating that, after a careful review of his investigations, he
is warranted in urging —
" 1. That no driving and killing of fur-seals for tax and shipment on the seal islands
of Alaska be permitted by the Government for a period of at least seven years from date
(1800) ; and
"2. That the co-operation of Great Britain and Kussia be secured in jierfei'ting our
international close time, by which all killing of fur-seals in the open waters of Behring's
Sea will be prohibited during the breeding season of these animals, and in order tiiat the
Representatives of Great Britain and Russia may see the truth of my statement as to
what threatens to exterminate these animals if pelagic sealing as well as terrestrial
sealing is not at once stopped, that a Commission of British, Russian, and American
87
he
experts bo invited to visit the seal islands next summer, and report tairly upon tlic
subject."
Tlie first of tlicse propositions, wliidi does not aflect tlio Ciinudian scalers, tlic
Undersigned considers calls tor no t'urtlu'r reference bevonil the remark (even in the
liilbt of Mr. Klliol's iieport) that it is somewhat reniarkabU' tli.it im\y at this late dale,
aiter over twent}' ^cars of annual operations under (rovcrnnieut siiiiervision, tiiat the
United States' (lovcrnment is possessed of intorniation upon which it bases the necessity
for sucli a drastic measure.
On tlie second propoi^ition the UndeisiLrncd remarks that the recent negotiations,
resultinfj in the present uioilus virondi, and the departure of the liritisb and Canadian
experts tor the s 'al islainls to report upon the conditions of seal life, dispose for the
time bciny: of the main feature contained tlierein.
Before leaving; the subject, however, the Uiulcrsijfned desires to invito the attention
of your Excellency to the words, '• i;i piTtci-tituj our inlertiitlwnal clo.-^r t'.mr, by which
all killinfj of fur-seals in the o])cn waters of Debriujif's Sea will be prohibited during the
breedini,' season of these animals." contained in the second proposition.
The words italicized by tiie rndersigned ai)pear to imply tlie existence of an inter-
national close time for seals in the open waters of Hehrinjr's ^ea, which it is iirojiosi'd to
perfect. Tiiis is misleadinjf, as no such close time exists, and the oidy Ue^ulations
pertaining to the seal fishery of jiehring's Sea are provided by enactment of the United
States' Congress, and a|i[)licable to the citizens of tliat nation alone.
With regard to the lemainiler of the quotation, the 'Jndcrsiincd observes that this
juestion is included in the suliject of tlie in(|iiiry now ])roceeiling. The rndersigned,
however, would again revert to the ]iroposal forwarded by Sir Julian I'auncefote to
Mr. Secretary Blaine, 1 :5th April, ]8!)0, which provided for just and e(|uitalilo close times
for seals in Heliring's Sea. covering the migrations to and from the breeding-grounds;
aiid which was rejected by the 1,'nited States' (Jovernment.
.•\ close season based upon the wording of the present proposition, " during the
breeding seison," might, by a strained or technical interpretation of what length of time
the breeding season coveroil, he made pvactically exclusive by fixing the dates to cover
the whole term, beginning with the first entrance into Heliring's Sea and ending with
the departure of the seals iVom that sea.
Thi.s would be simply an assertion of the doctrine oi mare clnnmm in another form.
The Undersigned therefore desires to impress upon your Excellency this aspect of
the matter, with a view to avoiding, in any close season which might ultimately he agreed
upon, a practical or actual surrender of iiarticipation in the sealing industry by Ilcr
Majesty'.s subjects; and establishing the fact that the carefully considered proposal
already vejected by the United States contained the full measure of close time that
your Kxcellcncy's advisi'i-s are at present prepared to entertain in the interest of Canadian
sealers.
He therefore recommends that a copy of this Report be transmitted to the Right
Honourable the Principal Secretary of Slate for the Colonies, for the information of Her
Majesty's Government.
Respectfully submitted,
(Signed) CllARLE ■ H. TUPPER,
Minister of Mdvine and Fisheries,
Department of Fisheries, Canada, Ottawa, July 2o, 1891,
Inclosuro 4 in No. 132.
Sir J. Pauncefote tu Lord Stanlei/ of Preston,
My Lord, Washington, Maij 2i', 1S91.
IN accordance with instructions which I received last night by telegraph from the
Marquis of Salisbury, I have the honour to transmit herewith to your Excellercy an
extract from the " Cleveland News and Herald " of the 1th instant, containing Pnd'essor
Elliot's introduction to his Report on the condition of seal life at the I'rihyloif Islands
during the summer of 1800. His Report, which I :un informed is very voluminous,
was not included among those of the other (iovernment Agents which were laid before
Congress in February last. 1 take this opportunity of transmitting, at the same time,
copies of the last-mcntioned Reports, in case tliey should not be in the possession of
your Government.
I have, &e.
^Signed;
JULIAN PAUNCEFOTE.
mt
88
No. 133.
Tlif Marquis of Stilisburij to Behring's Sea Commissioners,
Gentlemen. Foreign Office, September 12, 1891.
I.\ reply to j'our de.spatch ol' the oth ultimo, I have to state to you that llor
^[ajcsty'.s Government a])prove your note to the United States' Asi-nt at St. Paul
I'laml respectino; the limitation of the nuniher of seals to he killed under the agreement
eoric to liy the Governments of Great liritain and the United States.
Youf tiu'tiier proceedings, reported in the ahove-mcntioned despatch, arc also
aiiprovcd.
I am, &c.
(Signed) SALISBURY.
No 134.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received September 14.)
My Lord, Netrport, September 4, 1891.
r HAVE the lionour to inform your Lordship that I addressed a note on the
2Gth ultimo to the United States' Government in the sense of your Lordship's telegram
of the 2Gth ultimo,* complaining of the violation of the Agreement <>f the 15th .hine,
1S91, wiih regard to the killing of seals hy the United States' Agent in the seal islands,
iind e.\pre;-sing tlie cnnviction of Her ilajesty's Government that the I'resident will not
countenance any evasion of tl;e true spirit of the Agiec:nent, and will take tiie necessary
measures to insure its strict ohservance.
1 ha\e now received a note from the Acting Secretary of State, in reply, in which
he informs me that my statement will receive the immediate attention of his Government.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 135.
Sir J, Pauncefote to the Marquis of Salisbury. — (Received September 21.)
My Lord, Nevpnrt, Septernber 10, 1891.
WITH reference to my despatcl. of the 28th ultiuto, transmitting copy of the
private and unofficial letter which 1 addressed to the Acting Secretary ot State on
the subject of the compensation clause of the Behring's Sea Arbitration Agreement, I
have now ihe honour to inclose a copy of the re])ly which I received from Mr. Wharton
to that coninumication, and the substance of which 1 reported to your I^urdship in my
telegram of liie Sth instant.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 135.
a
Mr. Wliarlon to Sir J. Pauncefote.
(Private ; nd Unofficial.)
My denv Sir Jtilian, Department of State, Washington, September 7, 1891.
YOUR private and unodicinl note of the 2ijth Augtist was duly received, and I
desire now to reply to it it the same jirivate and uiioflicial manner. The I'resident is
unable to see how the daira. • clause last proposed hy him can be held to imjdy an
admission on the part of G'-jf '. Britain " of a doctrine respei'ling tlie liability of (iovern-
mcnls for the ai*;8 of t'cir . • nals or otlier ])ersons sailing uiider Iheir Hag on the high
seas, which is not wnTanicd by international law." The jiroposition was e.\]]res8ly
framed so r.s to s>:hnv* ti> f: t Arbitrator the (juestion of the lial>'lity of 'ircnt Britain
for the acts of vessels ,;j''ing under its fins. It did not assume a liability, hut was
framed e.\prcssly to avoid this objection, wiiich had been urged against the previous
proposal. I quote from my note of the 23rd July :—
• See No. 123.
also
89
" The United States niifjlit well insist that Mu Majesty's Government should admit
rcsponsiliility for tlio acts of the Canadian Koaleis whicii it has so directly eneourafjed
and promoted, precisely as in tiie })roj)osal tlie I'.iited States admits responsibility for
the acts of the reveime-vessels. But, «itli a vi',n to remove what seems to be tiie last
point of difference in a discussion wjiicli lias been very much protracted, the President is
willinjr to modify his proposal, and directs me to oiler the following "
The claim of the llnited States was stated in my note of the 2-"kd July accom-
panying the proposal, and the President does not see how the claims of the respective
Governments could be more fairly or fully submitted. This Government proposes to
submit to the Arbitrators the question whether Great Britain is liable for the injury done
to th" sea) tisheries, the property of the United States, by the Canadian vessels that
have, under the stimulation and support of the British Government, been for several
years engaged in the liehring's Sea. The proposal of this Government was that the
Arbitrators should consider and decide such claims in accordance with justice and equity
and the respective rights of the High Contracting Parties.
The President is unable to accept the last suggestion whicli you make in your note,
as it seems to him to be entirely inctfectual. The facts connected with the seizure of
Canadian sealers by the revenue-vessels of the United States on the one hand, and with
the invasion of the sea and the taking of seals by the Canadian sealers on tlie other,
are well known, and doubtless could be agreed upon by the respective Governments
without dillieulty. It is over the question of liability to respond in damages for these
acts that the controversy exists, and the President can see no other course for this
Government than to insist upon the submission of the question of the liability of Great
Britain for the acts it complains of to Arbitrators. Tiiis Government does not insist
that Great Britain shall admit any liability for the acta complained of, but it may well
insist, -f tliis arbitration is to result in any elFectual settlement of the ditfcrences between
the two Governments, that the question of Great Britain's liability shall go to the
Arbitrators for decision.
If you have any suggestions to make in support of the objection that the proposal
made by the President a-sumes a liability on the part of Great Britain, the President
will be very glad to receive them and, if necessary, to reconsider the jduaseology ; but
uiion a careful and critical examination of the proposition ho is unable to see that the
objection now made has any support in the terms of the proposal.
I have, &c.
(Signed) WILLIAM F. AVUARTON.
IS'o. 18G.
Sir G, Baden-Powell to the Marquiis of Salisbury. — {Received October 9.)
(Telegraphic.) Victoria, October 8, 1891.
COMMISSION to-day returned Esquiraalt. Await instructions in Victoria.
^'o. 137.
Sir J. Puuncpfole to the Marquis of Suliaburij. — {Received October 12.)
(Telegraphic.) Wusbiiiijloii, October 12, 1801.
tlli'j United States' Goverrment urgently press for a r(.'ply to their note oi
23rd July. Shall I send ollicial reply in the sense of my ])rivate letter of 20th August
to Mr. Wiuvrton?
The middle co\irsc therein proposed, which I presume is acceptable to Canada,
might yet be accepted by tiie President, in order to arrive at a settlement.
No. 138.
The Marquis of Salisburi/ to Sir J, Pauncefole.
(Telegraphic.) Foreiijii OJfice, October 15, 1891.
IN accordance with the suggestion in your ti-le^^ram of the 12th instant, you
are authorized to repeat oincially to (he United States' Government the propo,sal made
[d72j N
90
in your private letter of the i'Oth August to Mr. Wharton respecting the Behring's Sea
arbitration.
No. 139.
Colonial Office to Foreign Office,— {Received October 17.)
Sir, Dnwnimj Street, Octolier IC, 1801.
WITH rofurcuco to your lotlcr of tlic IStli .Inly, res])ecting tlie objcctioiis of the
Britisli Cohiniliiii Sualcrs' Association to the jnissing of the •' fcJeal Fishery ( Id'hiinj^'t!
Sea) /\ct, IS'.U," I ain diroL'tod by Lord Knutsford lo trausinit to you, for the informa-
tion of tlie Martjiiis of Salisbury, a cony of a dc>pa(fli and its inclosurcs from tlie
Govcrnor-Genoral of Canada on tin! subject.
T am, &c.
(Signed) EDWAl^D WINGFIELD.
Iiiclosure 1 in Xo. l^^'J.
Lnrd Stniilri/ of Vre^lou lo Lord KniUxford.
lly Lord, Government Ilniise, Ottawa, Octolier 1, lJ^i)l.
AVI'l'JI reference (o your Lordship's dospalch of tlie Uilli .Tuly last rehitive to the
objections cntcrtf.incd by tlie liritish Columbia Sealers' Association to tlie legislation
proposed by Her Majesty's (iovernmeut uitli the object of eslal)lisbing a close season
for seal in l?oluinii's Sea, I have the lionour to forward to your Lordship herewith copy
of an ai)])rovcd Minute of the Privy Council, to wliich is appended copy of a letter
addressed lo the Scalers' Association by tlie .Minister of .Marine and Fisheries in the
sense of y(nir Lordi-hip's despatch above referred to.
I have, &c. •
(Signed) STANLFA' OF PRESTON.
inclosurc 2 in No. 139.
lieiwrt of a Committee of tin' I lorioi'rclile the Prii'ij Coiineil, approved b>/ liis ExceUency the
dovernor-G'eiteral in Council on tlie 2\.st Septeinher, ISiH.
'\'\IE Committee of tlie I'livy Council have had before (hem a despatch dated the
K'ltli .Inly. Isui. from the l'ii;lit Hououralde the Secretary of Stale for the Colonies
ackiiowled^inu; tlie rt'cei])t of a Minute of tlie Canadian I'rivy Council inclosing copy of
n letter from the liritish Columbia Sealers' Associalioii.
The Minister of Marine and iMsherics to whom the matter was referred, now states
that a re]dy lias been I'orwarded In' him to the .\ssocialion in tlic sense indicated (a copy
thereof is aii])ended hereto).
The {'oinmittec, on the recoiiiiiieiulntion of the Minister of Miiriiie and Fisheries,
advise that your lOxcelleiicy be moved to forwaid a ro|iy hereof to tlii' i'riiici]ial Secre-
tary of State Inv (he Colonies for (lie information of Her Majesty's (loveiinnenl.
All of which is respectfully submitted.
(Signed) .lOHN J. Mct)l':F,
Clerk of llie I'riri/ Council,
ineloMire -T in Xo. 1-39.
Mr. Tvpprr to .'^iiilevK' AsifOeidlion.
Oendcmon, Ottawa, Sertemhrr TO, \«.)}.
]l]]\\'Al'V\'SC. to my letter to you of the i;ith .liine on the suljjeet of yiuir comma-
nicntion of the oth of (hat month, on behalf of tiie Sealers' Association of Victoria,
remonstrating against the proposed modus vircudi in Hehring's Sen, I have now the
honour to inform you llint Her Majesty's Govornmont is of oninicn that the total
cessation of sealing in Behring's Sea will greatly enhance the value of the produce of
m
the coast fishery, and docs not anticipate that British ':sealers'''will suffer. to any great
extent by exchision from Beliring's Soa.
Her Majesty's Government, liowevor, will bu jirejiaroil to' con';idcr any case in which
it is clearly establislieil that direct loss lias lieeii s'ld'ercd l)y a l'»ritish subject through the
enforcement of the proliihition against scaling in IJoliring's Sea.
AVith reference to liie wish of the Association that it should he [heard before the
Arbitration Couimission, the Secretary of Binle for the Colonies intimates that, as the
Joint Commission of l-Ixperts has been aiipninlcd to examine all (juestions connected
"ith seal life, and the fur-seal industry, for submission to the Arbitrators, y(ui should lay
any statements yciu (le>irc ti) make befdre the ('ommi-^siou of J'^Kperts in the lirst
instance, and thai, in the event of its being found necessary to call?:evidence before the
Arbitrators, in addition to that which may lie presented to tlie Commission of Experts,
Her jMajcsty's Government wid not tail in bear the wishes of the Association in mind.
1 have, &c.
(Signed) CHARLES II. TUPrER.
Xo 110.
The Behring's Sea Comnmsionvrf-- to Ihc Murqvis ot' Salishiiri/. — {Ixcceircd October 19.)
My Lord, " D/muIie," nl Oundlnnkn, September 17. 1891.
Foil the ]iur]>ose of our iiuuiiry into the conditions of senl,^lito in Behring's Sea
and other parts of the North Facitic Ocean, wo deemed it advisable to vi.-it the Russian
seal islands, and we were pleased to receive at Ounala^ka on the 21st August a telegram
from your Lordship informing us of the rcceii)t of a not.' from the Russian tiovernn-ent
authorizing us to visit their seal llsheries. and stating that tlie Govcruor-Geneial at
Amoor bad been requested to afford us every facility.
'_'. AVe accordingly visited the Connnander Islands, arriving olf l'ehriug"s Island on
the 1st Scplendier.
3. Tlie AdTuinistrafor, M. Grebnit/.ky, had not heard of us from the Amonr, but on
learning of oiu' mi>sion, showed us every courtesy and lios])itality, and from his own
ample exj)ericnce and observations gave us most valuable information as to the conditions
of seal life in Russian waters. Cn Copper Island, the Government Superintendent,
M. 'I'illmaim, acting on instructions from M. Grei)nitzky, gave us full information, and
accom[)anied us to the rookeries, cxtondiiur to us the nio.it friendly courtesy.
4. Wo then ))roceeded to I'l^tropanlovski, and there from the .Commandant,
M. llomyakoll', and Cajilain Hraiult, of the Russian Imperial steam-ship " Aleut," we
again receiwd much conrtesv and assistance in our inipiiries.
5. We venture to hope that the Russian Government will be informed of the
extremely satisfactory character of our visit to the Russian sealing-grcuuuls, and we
w(ni!d take tiiis occasion of expressing our opinion of the great value to the elucidation
of the conditions of seal life, of the iufoitnation and .ippiu'tunitics for ;ohservati()n
which we were afforded by I lie liussian autiiorities on the Commlinder Islands and in
Kamschatka.
G. Wo inclose herewith, for your Lordship's information, copies of (he letters
which we addressed tc the Aclmiidilrrtor of tiie ('(unnvinder Islands and the Com-
matulant at I'etropaulowski, expressing our sense of the valuable i'aeilities they have
afforded us.
We have, &c,
(Signed) (;i:ORGP. HADEN-POWELL.
GEORtJE M. DAWSOX.
Inclosiuv I in Xo. 110.
The IMtr'mifn Sen Commi.isioiiers In the JJmiiii.'-iiViijr of the ('onDiitnnli r lalinuln.
Sir, " l>iuiiibe," III I!ihriiii/s hl'iml, •'•ieplember 2, 1891.
IL\\'IXG bed! a])poinled Her Rritimnic Majesty's Conunissiouer to hold an incpiiry
into the conditions of seal lil'e in l)ehring'^; Sea and other ji.irts ot' tlie Nnilb I'acitic
Ocean, with a view to the arbilration peiuling on the subjecl bolween the Governments
(d' ihe Cnited States anil (.uvU llriiain.we considered it to he of much importance to the
success of our ndssion Ihiit we should olitnin full inroruiation cmii'iu'nin^- the facts of seal
life and the methods of killing adoi)ted on the Comuiander Islands.
[572"; N 2
92
"W'e received a confirmatory telagram from the Secretary of State for Foreign
Affairs in "Eni.^lanil, statin^' tlint tlic IJussian Oovornmcnt liail been good enough to
autliorizo us to visit their seal fisheries, and tliat tlie Governor-tiencral at the Auioorliad
been requested to afl'ord us every facility in the ])r()secution of our inijuiries.
Xot having time to communicate witli the Governor-Gcnerul at the Anioor, we
vcntin-cd to come to Helning's Island, and wo have had tlie good fortune to meet with
you, and now would bog to teniier this expression of our best thanks for the courtesy
with which you have received us and for tlie valuable and full information which yout
long experience and accurate knowledge of all connected with sealing enabled you to
afford us.
We have, &c,
(Signed) GKOROH HADEN-POWELL.
G1]011GE M. DAWSON.
Inclosure 2 in No. 140.
The Behring's Sea Commissioners to Mr llomyakoff.
Sir, " Damihe," at Petropauloirsld, Septtmber 9, 1891.
AVE have the honour, before we leave Petropaulowski, to convey to you our thanks
for the courtesy with which you have received us during our visit to your command, and
for the information which you have so freely ])laced at our dispo.-al.
Having been appointed Her liritannie Alajesfy's Conmiissioners to investigate tl.e
conditions of seal life in the North Pacific Ocean, with a view to the preservation of the
lur-seal, we deemed it specially advisable to obtain full information concerning the
llussian seal islands.
We received a telegraphic despatch from the Secretary of State for Foreign Affairs
in England stating tliat the Russian Government had been good enough to authorize us
to visit their seal fisheries, and that the Governor-General at the Amoor had been
re(inested to afford us every facility in the prosecution of our incjuiries.
As the limited tune at our disposal diil not admit of our communicating with the
Governor-General at tiie Amoor, we would beg you to be good enough to inform his
Excellency of our visit here, and to convey to him our high appreciation of tiic manner
in which you have received us.
Wo have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 141.
The Behring's Sea Commissioners to the Marquis of Salisbury. — {Received October 19.)
My Lord, " Dmiuhr," at Ounalaska, September 17, 1891.
IN continuation of om' despatch of the Olli August last, wc have the honour
to report that since that date our pmceedings have been as follows: —
2. Otu' first cruize was to tlie eastward and northwnrd. with a view to observing the
facts of seal life in those directions, and actjuiring trustworthy information as to the
northern limit of the fur-seal.
;V AVe visited the native and other settlements on Nunivak Island, Cape Vancouver,
St. Matthew Island, St. Lawrence Island, and I'lovcr Pay. On our voyage northwards,
and <m our return journey to the Pribyloff Islands from a north -westerly direction, we
carefully recorded all seals soiMi at son. On this cruize we roceivcul viiluabie assistance
from Fiieutenant-C'cimmaiider Hadley in Ili'r Majesty's ship " I'lieasimt."
4. On reaching St. Paul Island on t le lifth August wc '(gain examined some of
the rookeries to note the dillerence in tlior a|)pcaiance after a fortnight's interval, and
then, proceeding to Plimlink IIarbour,()unalaska, (o consult with the conunandinir olliccrs
of the ]']iigiish and I'nited States' war-ships as to future movements, we left that port
on the LMth August fVir the westward, calling at the Islands of Atkaand Alloo, on which
arc the oidy renniining native settlemenfs of the western part of the Aleutian chain,
5. Our nltimafo object being t'> \W\{ the I'ussiiin seiil islands, Ijrr Majesty's sbi|i
" Porpois(! " was delaiied to accoiripiniy us, she being on her way back to Ihi^ China Station.
G. The " Porpoise," under the comnuvnd of Captain J. LcbUo Burr, from whom wo
received every assistance and attention, kecpinj^ a more northerly course to look for
seals ami scliooners, joined us at Attoo on (lie 2',)th August.
7. AVc proceeded to the Commander Islands and to I'ctropaulowski, and on this
portion of our cruize wo are addressing a separate despatch to your Lordship.
R. Tyoaving Petropaulowski on the lOlii September, wo shaped our course for the
Prihyloif Islands, so as to strike them from a westerly direction, keeping an accurate
record of all seals dhserved.
9. Paying our linal visit to the rookeries on St, Paul Island nfter a further interval
of twenty-si.>L days, we found that Mr. Stanley ]$rown, having completed his full observa-
tions of seal life on behalf of the American Commissioners, luid just left tiie island.
10. Wo thus secured the opportunity of making the latest observations of several
important points in relation to our imjuiry.
AVc noiy ])ropDsc to continue our investigations by the collection, on our return
journey to Victoria, of evidence from those engaged iu sealing on the coast of British
Columbia,
We have, &c.
(Signed) GJ^.OKGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 142,
Sir J. Pouncrfotc to the ifarquis of Halisburij. — {Received October 19,)
(Telegraphic.) Washington, October 19, 1891,
Wrril reference to your Lordship's telegrnm of the 15tli instant, I addressed a note
to the Acting Secretary of State on the 17th instant, in the sense of my private letter to
him, and oflicially repeated the projjosal made by your Lordship.
I called by retjuest at the State Deiwrtment to-day, and Mr. Wharton asked me
informally to submit two alternative clauses to your Lordship.
A disclaimer is contained in the tlrst clause of any admission of the liability of
Great Britain being implied from the terms of the President's clause 7.
The second is a clause to be substituted lor the President's clause, and is in the
scn.se of your Lordship's proposal.
The text of the two clauses follows : —
[See Inclosurc 1 in Sir J. Pauncefote's despatch of October 23, 1891 :
ludosure 1 in No. 100, infra,']
Will your Lordship authorize me to inform the United States' Government that you
accept the second clause, in which case thev will at once propose it in answer to my note
of the 17lh instant?
It will be left to further negotiation to settle the choice of Arbitrators and place
of sitting.
No, 143.
ifemorandnm by f^ir G. Ihulcn-Pnircll on the Limitation of the Number of Fnr-seals to be
taken on the Pribtjlojf Islands in 181)1. — (Received at the Foreign Office, October 20.)
Limitation exceeded.
BY Agreement between the Tnited States and (Jreat Britain not more than 7,500
seals were to bo taken on the PribyloiF Islands in l.^^Iil,
2. On visiting the I'libylnfl Islands in duly and August 1801, the British Commis-
sioners fomul that since the dpening of the season and u)) to the ttli August about 9,100
seals had been taken, and that it «as in C(uitenii)lation to kill about 2,000 more before
the close of the season, making a total for the yenr ol' 12,000.
?>. The cxplauati(ui of this excessive killing is to be found in the interpretation
jilaced by the aulliorilies in the seal islaiuls on the terms of the modus vivendi of Juno
1891.
4. The claiiso (No. 2i of the modus rirendi nnis thus : "The V'nited States' Ciovern-
niexit will prohibit soal-killiug for tlic same period " (until May 1392) " in the same part
94
of Bohvini^'s Soa, ami on the hIiovos and islands (hereof (ho property of the United
States (in excess of 7,500 to be taken on tiie islands for the sul)sistoncc and care of the
natives). ..."
Intention of United Slates* Government in imposing Limit.
.">. The intention of the President of the United States in insistinj,'' n])on tiiis ])roviso
as to 7,500 is evident in tlie various statements ollicially made on liehidf of the United
States.
(i. On tiie 'J5tli April, 1 SOI, the President instructed Mr. Blaino, the Sccretarv of
State, to inform Sir Julian Pauncel'ote : " . . . . Some seals must he killed by the
natives for I'ood ; . . . . the lessees are bound under their lease .... to feed and
care f(n' ilie natives and for Ibis service, .a verv e.^iiensive one the lessees
should liiul their o-noensatiou in takin.:^ a moderate number of seals."
7. .Mr. Jilaino, in his letter to Sir Julian Pauneelbte of the -Itli .May, ISOl, correctly
explains (bat inuier their lease the Company is bound to furnish to the natives —
(L) Dried salmon.
(2.) Salt and barrels for jn-cserving meat.
(;!.) bO tons of coal. * ' « .
(I.) Dwellings in i;ood re))air.
(.">.) Schools anil teachers.
(G.j Church. '
(7.) Physicians and mi'ilieal sinrcs.
(8.) Necessaries of life for widows and orphans, aii'ed find iii!l:'ni, who are miable to
provide for themselves.
S. yir. I'daine adds: "The comfort, jio^sihly (he safety, of all these bnniau beings
is dependent on the Comi)any. ... If the Company shall .... be deprived of all
privilege of takinii' seals, they certainly could not be compelled to minister to the wants
of these oOO inhabitants for an entire year, [f these islands are to be left to charity,
the North .\nierican t,'(iiii])an\- \- under no f;rcater oliliiiation to extend it to (hem than
any other citizens of (he rnited States. It evidently ie<juires a considerable sum of
money to furnish the sui)piies named in the lease. ... If the lcss(!es are not to be
allowed payment in any i'orni for the amount necessary to sui)port these ;50() jieople on
the islands, they will natmally decline to expend it. . . . So appropriation of money
has been made by Conincss lor the purpose."
0. ^Mr. Ulaine continues, in eonclusimi : " In this exigency the President (proposes
to) concede to the Nm'th .American Company the right to take a stithcient mimber of
seals, and no more than sutlicient to recompeu'^e them for their outl.iy in t.iking care of
the natives, and that .... all commercial killing id' seals be prohibited pending the
result of arbitration. . . . The Secretary of the Trea'^ury .... alter full cimsideration
has limited the nundjcr to 7,'"'tiO to be killed by the Cimipaiiv to re[)ay (hem for the
outlay dennrnded for the sup|)ort of the iidO (jcople on (he I'ribylolf Islands.
JO. On the tith .June, IHOl, Mr. Wharton, the Acting Secretary of Slate, writes
to Sir Jidian J'aimcefote : " 1 am directed by the ['resident .... to inform Lord
Salishiny that .... in ord<'r to insure such control ))cncling these negotiations, the
Agents of the 'I'reasury Depart inent who have been dispatclie<l to the seal islands have
been instructed to stop the killing when 7,o"0 have been taiieii, and to await the arrival
of I'urtber onlers ; (lioML',h ordinarily the taking of seals on (he islands does not Iiegin
until about tb'^ 1st .luly The I'rcsident is sure that Lord Salisbm-y will not
(picstiou the absolute good faith of this Ouvernmeid in observing its stipidation to limit
the catch to 7,oOO."
11. It is quite evident, therefore, (bat the total of 7,.''00 v,as to include all seals
killed fer natives' food or for the pmposcs of (he (.'ompnny, as (he skins in both cases
would become the property of th<^ Comjiany, ami by their sale the Company would
recoup itself for (be expenditiu'e it was under obligation to make on behalf of the iintives,
and also for any additimia! expendiiure which it might incur in providing foo<l for the
native- during (he rest of the aucunni and winter. But all commercial lullin;;' of seals
was to be iirohibited. In brief, (he limit of 7,oOO was to inehtde all .seals killeil on the
islands within the year, the skins ibu' obtained being eonsideriMl id' sutlicient value to
])ro\ iile for all expenses incurred Ibr the subsistence and care of the natives over a period
dmiiig wliicli the prohibition of the usual killing uculd deinive the natives of their
means of earning a livelihood,
12. \l is to be noteil that the President ami Mr. Bhiiue had been misinformed as to
the actual obligations of tlie Company under their lease, 'i'he Company is not bound
95
"to feed (he natives," nor is tlie "safety of the natives dependent on the Company."
In reality tlie State alone is rcsponsil)le if by an act of State the natives are deprived of
their means of livelihood and threatened with starvation.
Government Action on Islam/s.
13. It is also to he noted that Colonel Jliiiray, the Suh-Agent of the Treasury in
cIiarKe of the islniids. informed the British Coiiiinissioners t>n the lOtli Aiit;ust, 1801, at
St. I'iiul Island, tlial the Company had already made a c'liarilal)le advance of '.^,700 dollars
to the natives towards their winter's siipiiorl, hnt that he had informed the Company that
he was authorized to provide the natives duiini;' the rest of the year with everything that
tliey really required, at the Govcrnnieiit ex|)ense, and that therefore tlie natives might
spend the Company's advance on whatever they pleased. lie also explained to ihe
Conunissioncrs tliat the 'I'reasnry was fovmiilly coinmitlcd Id such expenditure, and that
the money would he provided out of tlio general vote, which would be pas-scd in the
usual course iiy Coni^rchs in the Apiiropriation Act.
14. Cnloni'l Murray also slated tliat absjlute or<lers had been made to stop this year
nil killing of seal ])Uips, wbicli in ])revious }ears had provided the natives with 1,000 or
5,000 carcasses I'or food, and also to >top all Killing of •' blue " foxes, which had hitherto
ali'orded wajics to the natives during the winter.
1.'). This year there will necessarily be a shorter sui)ply of seal meat, as comparatively
I'eiv seals have been killed ; ))n( there are still man}- to be killed for winter sloraue, and
there,' will be no check on the oilier ordinarv local food supplies, viz., sea lion, lish, and
birds.
Aclion of Companij on Islands.
Hi, I'oth at St, i'aul and St. George I exainiued the stores, and found that the
Company, in anticipation of the winter's needs, had ample stocks of provisions, special
in some cases, including salt salmon, beef . and jiork, ilour, bisi'iiits, sugar, and tea.
17. In regard to the cost id' jn'oviding for the natives, .Mr, 'I'ingle, the Company's
energetic Superintendent, inl'ormcd me tliat he wns authorized to oxiieiid up to
•Jo, 000 dollars f,"i.Oiiii/.\ hut that lie did not anticipate a nuicli greater expenditure
than 10, OIMI dollars (;<,200/.) to 18,0oO dollars (n,(iOO/.) to completely provide for the
natives during the coming winter. This estimate gives about l.v. per day per man,
Wduian, and child foi food and necessaries, and is exclusive of housing and fuel, nor does
it include such wages as may have been earned already or may yet be earned in seal-
killing, hoii^e - paintinu, and other work on which it is contemplated to emjiloy the
natives. Mr. 'I'ingle added thiit if the Company chose to refuse supplies the Govern-
ment was IkuukI to sujiply tlieiii, but that he had special instructions, if necessary, to
provide ftii all the needs of the natives, autl that he was prepared so to do.
Fiiianciiil lii'siills.
15. In regard to the actual number of seal-skins available to meet this exiiendi-
ture, I found, after careful examination of the books of the C'om)iany and Government,
and inquiry of the oliieials, thai the apiuoximate mnnhers were as follows : —
(111 stuck from l:ist yi .'U' (IS'.iO) ..
Killcil licliirc l.jtli .iuiii', IS'.il
K\ll"il IjfUvri 11 ;."tli Mild 'Mn\\ Jinu'
Killril bi'twccii 2111I1 iliiiie 1111(1 llli .\ui,'U»t
To be kilk'il ill autumn ., .,
Toliil skiiiK availublc (IS',0 I ,.
:i,,500
•l,."i(lO
;S,ii()(l
i,i;oo
L','.100
1 0,500
The slock brou,;;l\l over from the iireviotis year comiirises the skins taken in excess
(if that year's ))eniiilted (|U(ila, and is customarily carrit'd to the account of the next
year's quota. The estimaled numlier of ^Jii.O killed before tlie loth .hine, 1801, was
made by the Treasury Agent, and would leave :i,000 kilhd before the L'Otli .lime, on
which day there is entered in the oflicial Government log the note, "This killing tilled
the quota of 7,000."
The Treasury Agent iuforined mo (hat he was permitting a total of 7,oC0 to be
killed niler th.o lolli Juno, so that there remained 2,000 to ho killed in the autumn,
seeing that 1,000 had been killed between the loth June and the commencement of
the "stagey " season early in August.
06
19. Tlic Company will thus have for sale this year not less than 15,000 skins, of a
probable value, at i'U dollars the sUin, of .'(00,000 dollars ((iO,000/.), about one-half of
wliich would accrue to the ( Jovcrniiunt for taxes. Tlie ex]ieiises on the islands, on
bciialf of the natives, would not exceed r),(lf)0 dolhiis (1,000/.). The additional
cx])enses of providing food for the na .'wes, "hitdi the Governuient of the United States
have undertaken, are estimated not to exceed a total of L'0,0(tO dollars (4,000/.).
20. The Government of the I'nited States are ])resumabl_v entitled to insist that
the quota for this year had been fixed at 7,500, with the special objects of defray injj
certain expenses, aiul of preventini;' any killinjj; for purely commercial purposes, and
that therefore any skins accruin;;- to the ('omi)any in excess of this ",')00 must be
stored to the account of next year's quota. J'iven if this riiiid view were taken, the
Company would secure a trade revenue of 1.5,000/. to cover an expenditure of 1,(100/.,
■while tiie Government would receive a tax revenue of l."i,000/. to cover an expenditure
of 4,000/. !5ut if this reservation be not insisted on, the lespective revenues would
yield net ])rotits to the Company' of 29,000/., and to the Government of 20,000/., a
result certainly not contemplated by the President,
Action of Treasury Agent on Islands,
21. In regard to the action of the local United States' authorities, I found that
ilajor AVilliams, the Treasury Agent for the Pribylolf Islands, before leaving San
Francisco for the islands, that is before the 27th Nlay, l.'^Ol, had been instructed to
keep the Company's quota of skins under 7,500 until further orders. Subsequently he
was instructed, by telegraph, to "modify his instructions in accordance with the
Proclamation." On the 20th June ho recorded in the oflicial log that the Comjiany's
quota of 7,500 had been reached. He permitted, liowever, two killings to take ])laee for
" food skins " on l,ie 25th and the 29th June, yielding 009 skins, before he received
the Proclamation on the 2nd July. The 'J'reasiu-y Agent did not seem to be aware
that all aecei)ted food skins are |)laced to the account of the Company's quota.
On receipt of the Proclamation, Major Williams, having no other instructions, stopped
all killing, and, as he told us, thought the matter over for three days, considting with
Captain Cotton, the United States' Senior Naval Ollicer in ]?ehring's Sea, and others.
He came to the conclusion that the limit of catch was to be within the period between
the signing of the modus vivendi and ^[ay 1892. Between the 15th June and the
5th July about 3,600 skins had been taken, and Major Williams decided that ;5,900
more skins were to be taken before next May. Up to the beginning of August, wliea
the skins became "stagey " and unmarketable, about 1,000 more skins had been taken,
leaving a total of 2,900 skins to be taken in the autumn, after the "stagey" season
ends in November.
22. On discu'ising the matter with Professor Mendenhall and Dr. Merriam, the
IJehring's Sea Commissioners (designate) of the United States, we found they had
talked over matters with the local ollicials, bi'f had no previous knowledge of the subject
or of the correspondence in which the President's intention was ex]uessed. On the
5th August, 1S91, Dr. Merriam again opened the subject to me, saying that Colonel
Murray had explained that only 0,000 had as yet been killed, adding, " Of course it only
means after the date of signing the hiodiis vivendi." Professor Mendenhall, chancing to
come up at the same lime, concurred in Dr. Merriam's view. In reply to my in(iuiry
they did not know that Major Williams had been instructed on the 27tli May, on his
way to the islands, to stop killing at 7,500 ; nor that in the otlieial log was the entry on
the 20th June, " This filled the quota of 7,500."
23. It would therefore ajjpear that the United States' authorities on the islands had
not been in any way specially instructed beyond the "lear order given on the 2i'tl! Mtiy,
1891, long antecedent to the 15th June, to stop killing when 7,500 had been liiken— an
order obviously in keeping with the agreement come to preliminary to the signing of the
inodus vivendi, that on the President's suggestion the Company should be permitted this
year to take 7,500 skins and no more, and these only for a specific purpose.
Summary,
24. Mr. Blaine wrote on the 4th May, 1S91 : "The President cannot leave these
worthy and innocent people to the hazard of starvation, even to secure any form of
asjreement with Lord Salisbury touching seal life." 'J'hc President therefore suggestss
and Lord Salisl)ury accepts, the ])roviso that the Com])any siionld be allowed, in the word,
of the President, " to take a sufficient number of seals, and no more than sutlidient, to
97
recompense the Company for tlirlr outlay in taking care of the natives." Major
Williams, tlie particularly able Treasury Agent on the islands, was placed in a position
of much complexity and didiculty, and decided to the best of his judgment. Indeed,
every one concerned has acted in ))erfectly good faUh. It was entirely duo 1o the
meagreness and misunderstanding of instructions that the remarkable results above
detailed have been brought about.
In a word, the Company receives skins of a market value of 30,000/. to defray
expenses not exxeeding ],00OZ. The (iovernment secures a tax revenue of 30,000/. to
meet expenses not exceeding 4,000/.
25. It is a matter for much satisfaction that there are thus secured funds more
than ample to jjrovide for " the subsistence and care of the natives." It is a matter
for regret liiat when, with a view to the preservation of seal life, an agreement had
been come to to prohibit for this year, so far as jiossible, the killing of fur-seals, there
Hhould have been sanctioueil on the Priljylotf Islands the killing of 4,590 seals in excess
of the very liberal limit permitted under the Agreement.
The disposal of the excess of skins thus obtained is a matter for the immediate
consideration of the Governments concerned.
(Signed) GEORGE BADEN-POWELL.
August 10, 1891.
iS'o. 144.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, October 20, 1801.
I HAVl'j received your telegram of the 19th instant, containing the text of
two alternative clauses sui^gested by the United States' Government with regard to the
submission to arbitration of claims for com.pensation arising out of the killing of seals
in Behring's Sea.
You are authorized to accept the second of the two clauses proposed.
No. 145.
Sir J. Pduncrfotr to the ^[nr(jHis of Salisbur)/. — {Received October 20.)
(Telegraphic.) IVashington, October 20, 1891.
KKFERRING to your Lordship's telegram of to-day, I presume that there is no
objection to the Joint Commission Article being also signed by me.
No. 14G.
T%s Marquis of Salisbunj to Sir J. Pauncefote.
(Telegra))hic.) Foreign Office, October 21, 1891.
YOU are authorized to sign the Article providing for ii Joint Commission to
investigate the facts relating to seal life in Behring's Sea, as suggested in your telegram
of the 20th instant.
No. 147.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received October 22.)
My Lord, iVashington, October 12, 1891.
IN my despatch of the 4th September last I had the honour to report that,
in accordance with your Lordship's instructions, I addressed a note to the United
States' Government calling their attention to the violation of Article 2 of the Behring's
Sea Agreement for a modus tivendi, signed on the 15th June last (which limited the
killing of seals on the islands until May 1892 to 7,500), and expressing the conviction
of Her Majesty's Government that the President would not countenance any evasion of
the true spirit of the Agreement, and would take the necessary measures to insure its
strict observance. ,
[672]
96'
T have now the lionour to inclose copies of tlmt note, and of the reply of tlio
United States' Government, which I received on the 10th instant. In tran.sinittiii!^ these
documents I venture to submit to your Lordship the fnllowinpf observations.
No question can reasonably arise as to the meaning of the Aj»reement as imilcrstood
by the two Govornmonts. Your Lordship will remember tiiat when Mr. HIaine first
proposed a reservation of the right to kill a limited number of seals on tiie islands for
the care and subsistence of the natives, I objected to the suggestion as detract inir from
the princi])le of equality which was a feature of the original proposal. Mr. Blaiiio, in
his note to nie of the 41h May, 18!)1 (of which a copy was inclosed in my di!s]iat('li
of the jth of that month),* dwelt at great length on the various grounds, princi-
pally humanitarian, upon which the proposal was based, and concluded as follows: —
'' Ii\ this exigency the President instructs me to propose to Lord Salisbury that he
concede to the Nortii American Company the right to take a sufficient nuiTibcr of seals,
and no more than sufficient, to recompense them for their outlay in taking care of the
natives, and that, in the phrase of the President, all 'commercial killing of seals lie
prohibited ])e!iding the result of arbitration.'
" The Secretary of the Treasury has a right to fix the number necessary to the end
desired. After full consideration, he has limited die number to 7,oOO to l)i> killed liy
the Company to repay them for the outlay demanded for the support of the 300 people
on the Piil)yloff Islands."
Her ]\lajesty's Government consented to the reservation, on the terms and for flic
purposes above mentiimed, and, in tiie com'se of the further negotiations, they pointed
out that, " it was on the tidelity with which the condition of not killing more than 7.j50(»
seals was observed that the eipiality of the ])ro])osed Agreement (lependc(i!" They
therefore asked for tacilities for the sui)ervision by Rritish agents of the proceedings of
the Company on the seal islands. To this the Acting Secretary of State, in his note to
me of the 0th June, 1891 (of which a copy was inclosed in my despatch of the Dth dune),
replied as follows : — •
" He" (the President) "directs me to ask you to remind Lord Salisbury that the
limitation of tiie killing of seals upon the islands is absolutely within the control of the
United States, as a daily count is made by sworn officers, and to inform liim that
alrcad)', in order to insure such control pending these negotiations, the agents of the
Treasury Department who have been dispatched to the seal islands have been instructed
to stop the killing when 7,/JOO liave been taken, and to await the arrival of further
orders ; though, ordinarily, the taking of seals on the islands does not begin until about
the 1st duly. The enforcement of an agreed limitation being so ftdly in the control of
the United States, the President is sure that Lord Salisbury will not (lucstion the
absolute good faith of this Government in observing its stipulation to limit the catch to
7,500."
The two Governments therefore agreed that, up to May 1S!)2, only 7,500 seals
should be killed for the support of the SOit peo])le (ni the Pribylofl' Islands, and that all
"commercial killing'' (to use the language of .Mr. Blaine) should be stopped. It is
ini])ortunt to note that the agents of the United States' Treasury Department, who had
been dispatched to the seal islands long before the signature of the Agreement, had
been instructed as far back as the 27th May " to stop the killing when 7,500 had been
taken."
The following are the Articles of the Agreement relating to the restriction on the
killing of seals : —
"1. Her Majesty's Government will prohibit, imlil May next, seal-killing in that
part of Behring's Sea lying eastward of the line of demarcation described in Article I of
the Treaty of 1807 between the United States and Russia, and will [ironiptly use iis best
etlbrts to insure the observance of this proliibltion by British sul)jects and vessels.
"2. The United States' (lovernment will prohibit seal-killing for the same period in
the same part of Behring's Sea, and on the shores and islands thereof the property of thi;
United States (in excess of 7,500 to be taken on the islands for the subsistence and care
of the natives), and will promptly use its best cft'(>rts to insure the observance of this
nrohibition by United States' citizens and vessels."
It is difficult to understand by what process of reasoning the United Slates'
Treasury Agent at the seal islands can have come to the conclusion that ho was
authorized under the above Agreement to permit the killing of 12,071 seals.
Sir George Baden-Powell and Dr. Dawson, the British Gommissioncrs sent to
Behring's Sea, in a telegram from the Pribyloff Islands dated the 5th August, reported
of
'i'rc!
inci
Agr
• Sec " Unil«d States No. 2 (1891)," p. S,
99
rstood
lirst
■^ for
from
no, in
patch
priiici-
hr.t he
seals,
if the
■als he
seals
that all
, It is
'ho had
lit, hail
1(1 lieen
i':<
to your Lordship that this year's catch of seals had already considerably exceeded the
niiniher of 7,000, the limit fixed in the Agreement ; and, in a despatch of the same date,
they stated that at Ht. Taul they hcd been informed that the Treasury A;;ent had hcen
instructed, as far hack as the 2''th May, to keep the quota of seals taken by the
Company under 7,500, and that en route to the islands he was nl vised by telegram to
interpret his instructions in accordar.ce with the United Stati Proclamation, which
cnibodied the Agreement of the ITith June verbatim. This acconi-, entirely witii what is
slated in the Acting Secretary of State's note to me of the Oth June, which I have
(jiioted above.
The British Behring's Sea Commi'.sioncrs, in their despatch above referred to, state
that th(! Treasury Agent, Major Vv'il.'iams, arrived at the I'ribyloff Islands on the
10th June, and that, on the L'Oth Juiie. the quota of 7,500 seals having been killed, he
htoppid all further killing for the Company.
Up to the 20th Juno, therefore, the Treasury Agent entertained no doubt as to the
limit of seals to be killed, and as to his instructions and his duties under the Agreement,
it was only when a copy of the President's Proclamation arrived at the islands on the
L'nd July that he entertained doubts as to whether he ought not to allow 7,500 seals
to he killed iVom and after the 15th June, the date of the signature of the Agreement,
ignoring all the killing of seals which had taken place prior and U]! to that date. On the
:.'.Sth July he iinjiarted his doubts to the British Comm'ssioners, who replied, on the
•"iOtli, in writing, that, in their opinion, the intention of the two Governments, as
conveyed by Article 2 of the modus vivenili, was tiiat, on the part of the United States'
Oovernmcnl, the stipulation would he strictly observed to limit Ih' eatch this season to
7,.')00 seals, and to stop the killing when that number had been taken. A copy of that
letter is inclosed in the des])atch of the British Commissioners.
Xevertheless, Major Williams read the Agreement otherwise, although it in no way
conflicted with his previous instructions, but, on the contrary, entirely confirmed tin
The consequence of this proceeding on his part is given in detail in the reply ol 'he
United States' ( Jovernment to the complaint of Her Majesty's Government.
The numbers of seals killed are as follows : —
From iKt Mil)' to 10th June ..
From lull to lith June ,.
]->om 1.3th Juno to 2\ul July , •
Fioni 2ri(l July to lOlli August
l'ormitt.siuii j^tvcu tu kill iu .iddition
Total
l.Col
2,920
■1,4"1
l,79li
1,2.13
12,071
The United States' Government do not in terms deny that there has been a violation
of the Agreement. They content themselves with transmitting the explanations of the
Treasury Agent, and expressing the ho])e that they will convince Her Majesty's Govern-
ment that there has been no disposition on his part to violate the stipulations of the
Agreement.
I hare, &c.
(Signed) JULFAX PAUNCEFOTE,
Inclosure 1 in No. H7.
Sir J. Pauncefote to Mr. Blaine.
Sir, Newport, R.I., AiKjust 20, 1891.
IN accordance with instructions which I have received from the Marquis of
Salisbury, I have the honour to inform you that the British Behring's Sea Commis-
sioners have reported, in a communication dated from the seal islands on the oth
August, that they find that this year's eatch of seals already materially exceeds 7,'">00,
aiul that the United States' Agent permits the killing of seals to continue, as.uming
t.lmt the limitation agreed upon commences from the date of the signature of the modus
Vivendi.
In Iniiiging this infoniiiition to your notice, I am at the same lime instnu'ted to
express the convii'tioii of Her ]\Iiijesty's (iovcniment that the President will not
countenance any evasion of tlie true sjiiril ol' the Agreement, and that he will take
whatever measures appear to him to be necessary to insure its strict observance.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
[572]
O
100
' Inclosurc 2 in No. 147. '* '
Mr. Wharton In Sir J. Pauncrfole.
Sir, Ih'ptirlmenl of State, IVashiiigtmi, October 10, 1801.
IT is a source of I'cjjrot tliat an iiiiswor has liecn ho loii}^ (Iciaycii to your note of
the 2(ith Aiijjust last, rclatiny; to tliu I'oininiinicatioii of tlic Uritisii Hohriiif^'B Hea
Cominissioiiers ns to tin- allotted killiii<>' of seals on tlio seal islaruis in excess of the
niunher lixt'd liy tiie A^frocnu'iit of tlic lath .lune Inst. This delay has heeii oecasioned
l)y llie ncci'ssaiT of receivinj; from the United States' .\gent in charge of the islands a
full iJcport on the sul>ji;ct.
Till' Aiicnt re])orts that he reached the islands on the 10th day of .lune last; that
from the 1st .lanuary to the Isl May, ISid.no seals were killed on the islands; and
that from tlie 1st May lo the lOlh .June, the date of the Agent's arrival, there were
killed jiy (he natives for food l,(!fll seals. On the morninp; of the 1 1th .lune the Afccnt
gave i)ermission to the lessees to commence killing; under the Contract with I he Oovern-
nient of tlis United States, and he states that, from the I Ith to the l.'')th June, '_',9.iO
seals were killed ; ami that, from the loth .lune to the 2n(l .Inly, (he date of the arrival
of tlie steamer •' Corwin," l)iin<,'inf^ the Proclamation of the ('resident of the United
States, containing; the notice and text of the modus viicitdi, (hero were killed 4,471
seals. I'rom the 2nd .fuly to the 10th August there were killed, for the use of the
natives a-i food, l,7!)() seals ; and, on leaving the islands, the Agent gave instructions
to limit the numher to he killed hy the natives for food up to the 1st May, 181)2,
to 1,2;5:(.
The instructions of the Secretary of the Treasury to the Agent, received hy the
steamer " Corwin," were that, if in any way his previous instructions were inconsistent
with the President's Proclamation and the Agreement emhraced in it, he should he
governed hy the latter. 'I'he Agent reports that, after careful consideration of the
text of the Agreement, he decided that the seals killed since tlie l.Tth .lune, the date
when that instrument was signed, should he deducted from the 7, .000 named in
Article 2, thus leaving 5,020 seals to he taken " for the suhsistencc and care of the
natives" I'rom the 2n(l .Inly, ISDl, to the 1st May, 181)2. lie says that, in his desire to
carry out with ahsolute correctness the Jitndiis rirei\<li, he consulted the ttvo United
States' Commissioners, ^Messrs. Alendenhall and Merriam, the Commanilers of the
United States' vessels '• Mohican," " 'I'hetis," and " Corwin," the United States' Special
Agent, and the Special Insjiector, and that they all concurred in his interpretation of
paragraph 2 ot the Agreement : that seals killed prior to the loth .lune did not form
part of the 7,500 named in the iii'idiis virciidi. lie further says that, in his first
meeting with the British Commissioners, Sir George liadeii-l'owell and Dr. G. .M.
Dawson, on the 2Sth .luly, he submitted the same (piesticm to them. Their reply was
that it w.MS tlie understanding of the Hritish Government that only 7, .500 seals should
1)e taken during the season, but on examining the text of the Agreement, they admitted
that the .\gent's intcriiri'tation oi' it was correct. 'I'his statement as to the views of the
British Commissioners is conlirmed by the l{eport of Professor Memlenhall.
The Agent claims that his action is not only strictly in accord with the langu.igc of
the Ai;reement, but with the true intent and spirit of the same, as he understood that
intent and spirit in the lii;ht of all the facts in his possession. He understood that the
object of the Agreement in allowing 7,500 seals to lie killed was for the subsistence and
care of the natives." 'J"he 1,0.51 seals killed by the nativi^s for food from the 1st May
to the 10th .June were almost inuiiediately eaten by them, as is their custom after the
.scanty su]iply of meat during the winter and spring months, and no part of these seals
was salted or preserved for I'uture use. During (be killing season by (be lessees, under
their ((Uo(a for eomnicrcial pmposes, the natives are ke|)t very busy, and have no time to
prepare meat for future use, and only so much is used for food as is cut ofl' for present
use; so that the seals killed belweeu the 10th June, when the season commenced, and
the 2nd .luly, when the notice of the modus vivevdl was received, were not available for
the future subsistence of the natives. As stated, there onlv remained !\020 seals to be
taken for (heir subsistence from the 2nd July, IS'Jl, to (he 1st May, 18i)2. The Agent
ci(es the fac( that, from (be close of the commercial killing season of IS'.iO on the
20th .lidy. there were killeil by (he natives for food up to the ;ilst December, 1890,
6,218 seals, including r!,l(>8 pup seals, the further killing of the latter beiiig now
prohibited. It was ])lain to the Agent that, under the construction which he had placed
upon (he modus rlrcndi, the supply of meat for the natives during the coming winter
would be entirely inadequate, and before his departure from the islands lie called upon
101
the IcsHcos to brinp in a KiilTicicnt supply of Halt beef to carry tlic natives tlirougli the
winter and up to the Ist May, 1S92.
Tiic As'cnt had no means of (Ictermininjj; tlio scope and meaninj? of the phrase of
the niitisii (Commissioners as used in your note. " tiiis year's eatrli," or " the calcii of
tiiis season," as used in their eomniunication to liini dated tlie 3()tli July, except l)y the
interpr(?tation to l)e i;iven to tiic text of the inndii.i vircmli, as contained in jjaragraphs
1 and 2. The " same period,'' found in |)ara;;rapii 2, lie understood to refer to tlie period
within uhiel) tlie iiiitisli (Jovernment iindertooit to proiiihit seai-kiliini; in lieliring's Sea.
Tlie Ihitish Commissioners informed tlie Aj^ent that, as to the iiritish (iovernment, this
jieriod did not liej^in until a rcason.ihle time after the 15th .lune (the date of >is;nin;^),
snflieient for the naval vessels to reach the sea. The A;,'ent interpntted the para;;rai)lis
cited as mutually hindin^;, and he could not assume that it wciuid i)e claimed tliat their
provisions were to take effect on one date in tlie interest of the British sealers, and on
another in the interest of the United States.
1 have thus taken [jains to communicate to you in some detail the action of the
Au^ent of the United States on the sui)ject complained of Uy the Hritish Commissioiiers,
and I hope what has been set forth will convince your tTovernment that there has been
no disposition on the part of the Agent to evade or violate the stipulations of the
.Agreement of the loth .lune last,
1 have, &c.
(Signed) WILLIA.M V. WHARTON,
Acliivj Secretary.
No. 148.
Sir J, Paunce/ol)' to the .V(/vy»/,v of Salishury. — {Received October 22.)
My Lon', IVashlnr/ton, October 13, 1891.
WITH reference to my telegram of yesterday, I have the honour to inclose
copy of a semi-olhcial note which I have received from the Acting Secretary of State
pressing for a rejily to his note of the 2;3rd July last, which contained the form of
clause pro[ioscd by tlie United States' Government for the settlement of claims for
dam.Tgcs to he inserted in the Rehring's Sea .\rhitration Agreement, together witl
copy of the semi-otiicial note wiiich I have sent him in reply.
I have, Kc.
(Signed) .lULIAN PAUNCEFOTE
I a
Inclosurc 1 in No. 148.
Mr. IVharlon to Sir J. I'auncef'ote.
My dear Sir .Julian, Department of State, fVashinr/lon, October 12, ISOl.
ON' the 2.Trd .Itdy last I wrote you a note jircsenting a proposal for the settlement
of claims for damages, which was to form part of theprojiosod Agreement of Arbitration
of certain matters affecting the seal fisheries in JJeliring's Sea.
On the 22nd August I wrote requesting you to l)e kind enougli to inform me when
an answer to my note might he expected. On the 2ltb .Viigust you wrote me acknow-
ledging the rec^eipt of mine of the 22nd August, and expressing the hope that you would
be in a ])osition to re])Iy to my note of the 2'3rd .luly in the course of the next few days.
More than ten .veeks have elapsed since sending you my note of the 2;5rd July, and no
answer to it has yet been received.
The l*resident is very desirous to have a conclusion reached in the negotiations
concerning the Hebring's Sea matters, and Inis re(|uestcd me to draw your attention
again to the importance of an early reply to his latest proposal.
Tlie period lix.ed by the Agreement for a iiiofliix rir'it/li expires on the 2nd ^[,ay
next. The time within which it is hoped to obtain a final settlement of the questions in
dispute between the two (iovernments is fast goiug by, and the President feels that if
any effective action is to be had in the matter before the next fishing season opens, all
the terms of the Agreement of Arbitration should be disposed of immediately.
Very truly yours,
(Signed) WILLIAM F. WHAHTON.
102
Inclosure 2 in No. 148. ' <• 1
, Sir J. Pauncefote to Mr. Wharton.
My dear Mr. Wharton, Washington, October 13, 1891.
ON receipt, of your letter of yesterday askinj; for a reply to your note of the
23rd .Tilly last, coiitainiiii^ a fi)rni of elause proposed by your (jovcrnmenl; to he inserted
in the ]5cliriu<>''s Sea Arbitration A<;re(;ment, to sjttle tiie lonj^-dehaied ([uestion of
damages, I telegraphed to Lord Sahsbury for further instructions, informing him of the
substance of your eomniunieation.
I understand flint his fiOrdship is expected in London this week from the south of
Europe, and 1 shall proliably, therefore, receive an answer to my telegram before many
days.
Altliough, as you observe, more than ten weeks have elapsed since the date of your
official note above referred to, I need hardly remind you that the intervening time has
been taken up with informal discussions between us with a view to finding a solution of
the diinculty without unduly lengthening the ollicial correspondence. This informal
interchange of views, which, no doubt, had the approval of the President, has not been
without advantage in tlirowing light on the troublesome (|uestion which still impedes the
conclusion of the Agreement, and I now hope I may soon be in a position to resume the
oUieial correspondence.
I am, &c.
(Signed) ,)ULL\>>' PAUNCEFOTE.
No. 149.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received October 23.)
(Telegraphic.) Washimjton, October 23, 1891.
WITH reference to your Lordship's telegram of the 2()th instant, formal notes have been
exchanced between Mr. Wharton and myself recording the adoption of tiic seven Articles
of the Behring's Sea Arbitr.ation Agreement as formally settled by both Governments.
Copies are sent by post.
No. 1/30.
The Marquis of Salisburij to Mr. Howard.
Sir, For 'ijn Office, October 23, 1«91.
WITH reference to your do.spatch of the 20th July last, 1 transmit herewith
a copy of a despatch from the Ik'hring'.s Sea Commissioners recording their high
appreciation of the manner in which they were received by the Uussinn authorities
at the Commander Islands and I'etropaulowski.* 1 have to reipiestyou to convey to the
Russian Government the thanks of Her Majesty's (jovernment for the courteous
reception accorded to the British Commi.ssionera by the llussian ollicia's.
I am, &e.
(Signed) SALISBURY.
No. .'51.
Colonial Office to Foreign Officii. — {Received October 27.)
Sir, '■■ Downing Street, October 20, 1891.
WI Tit reference to previous correspondence, I am directed by the .Secretary of State
for the Colonies to transmit to you, to he laid before the .Mar ;iiis of b'alisbiirv, a eopv of a
despatch from the tiovcvnor-CcMeial of ('aiiada, iiiclosin;- i .\lemori il to Lord Salisburv
from ihu JiriUsii Goluuibian dealers' .\ssociatioii.
I am, lie.
(Signed) ROBl'^RT G. W. lIERBEliT.
• No. HO.
lOS
1891.
of the
inserted
stion of
n of tlic
of your
ime lias
liition of
in formal
been
)0(ic.s the
;ume the
■OTE.
Inclosure 1 in No. 151.
Lord Stanley of Preston to Lord Knutsford.
My Lord, ^ Government House, Ottaira, October 3, 1891.
I 1IA\K the honour to transmit to your Lordsiiip herewith a copy of an approved
Minute of the Privy Council of Canada, submittin , u Memorial addressed to Her Majesty's
Princi|)nl Secretarv of State for Koreipn Artair- i.r the Sealers' Association of Victoria
with reference to the loss occasioned to Canadian vessels by reason of the enforcement of
the modus viveiidi, together with copy of the reply of the Minister of Marine and Fisheries
to the representations of the Association.
I have, &c.
(Signed) STANLEY OF PRESTON.
Inclosure 2 in No. 151.
Report of a Committee of the llnnournhle the Privy Council, approved hi/ his Excellency the
Governor-Gcncnil in Council on the '29lk Seplemher, 1891.
ON a Report, dated the 19th September, 1891, from the Minister of ^larinc and
rislicries, stating that he has received the ajipcnded letter from Mr. Richard Hall,
Secretary of V^ictoria Sealers' Association, coverini; a Memorial signed by tiie owners,
manaftiii'; owners, and agents of tiie Canadian scaling fleet, addressed to the Right
Honourable Her Majesty's Princijial Secretary of State for Foreign Affairs.
This Memorial represents the ]iosition of the Canadian sealing fleet as aftected by the
modus vivcndi m Hehriiig's vSea during the present season.
'1 he Minister also submits a copy of his answer to the Secretary of the Association
thereto.
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Hxccllency he moved to forward copies heveof, together witii the Memorial
in question, to the U;'ht ilonourable the Principal Secretary of State for the Colonics, for
the information dI Her Majesty's Government.
All which 's rcrpectfuilv submitted for your Exccllencv's api)roval.
(Signed) .)"OHN J. McGEF,
Clerl; of the Privi/ Counril.
Appendix (A).
Oj^rf (if the Vietiirui Sfnlers A.i'Hii'iiition, Vict jrvi, B.C.,
Sir, S.,,/,;nhn- 1, l.S'.U.
iTii lu'liiilf (if tlic Srulcrs' Associ.itiiiii nf Victoria I iln iiiysi'lf Uii' Ikiikiiu' In transniit licrrwilli a
Mi'liiiiri;d aiMicsscd liy lliciii to llio llii|i('nal (iovi'riiiiit'nl. and iihist ri'spci;triilly to rcipicst tlial you
wil! Ill' jiloascil to I'lirward il. in tin; jiropcr ooursi'. arooiiiiiaiiii'd liy such rcjuv'^cmalioiis on the part of
via' UiiMiiuiiin (liivi'niincnt as you may deem jini|ii'r.
L'. Allhini;,'Ii it may a[i|»'ar at first si;;lit tliat n lari,'i' snni wnnlil 1"' iiivolvcil in i.'ianlin',' onr
jiravir — sonn; ul' tlio Vi'ssi-ls having been onlcri'il lionii' lirfnrc ihi'V cnti'ml Hchring's Soa, and conso-
ipii'iiily without any calcli al all, and otlicrs very slioilly allrr cntrrini:, wlu'n tlii'ir catrli was snmll —
simir arc now rctnrnint; witli I'lill average cadlics. wliosc claim will cons('i[ncntly lie 7iil. and it is to bo
[in'sanicil that many nllicrs may follow, cpially I'ortunntc. so tliat in all )irolialiiliiy ll») atnuuiit
rci|nirci| to meet our claims, allliouu'h to ns nt vciymatcri.il im]Hirtaiiii'. will to the llriti.-h (lovcrii-
iiiciit lie eiim]iaralivcly insi^iiiticant,
;!. We eaiinol, of course, give a complete list nt our exact eluinis until al! our vess-cis havi'
rcluiiieil, lint will then foiwaid tliein ]ii-oni|)lly,
•t. rciniit me to iiMuiuil yon that in iss'i. when the ( 'anaili.in (loveriiiuciil ■ \cluileil tlio Tnitcd
States' lishenneii from ]iarlicipatiiiii in Canada lislieries, six n:oiitlis' notice was '_:iven, whereas no such
courtesy was extended to us.
Ci. 1 am further dirceted to convcv to you tlu; e::prpssion of our givitefid a)ipicciatioii of the
full and eiieigeli.' iiianiior in which you luivi; hitherto supported our interests, anil of our hope that
you will feel justilieil in fully iiulorsing and urging; the iiriiyer of our present Meinnrial.
ti. ]f yon will li(! so eoml as to alford us any advice or siigge-cioiis which may occur to you as to
any fiiithcr steiis whi' h we can take in this matter, we will feel duly grateful.
I Inve, &c.
(Signed) KICHAIM) HAT.L,
t^fcndirii !■< the \'ic(<irii( Sadirs' Association.
The Hon. the Minister of Murine and Fisheries
104
Appendix (B).
^femorial.
To the Most Xolilo tlip Miirquia of Sulislmiy, K.G., Her Mnjcsty's Principal Secretary of State for
l'"oreit;u Afluirs, I'lviiiiiT.
Tlie liiiiiiblt: Memorial of tlip uiulursignod British Columbia Ship-owners inturcsted in Fur-seal
huntinj,',
Most r(,'S]ieotfully .shewi'th ;
That your mcuioriiilists ili.'siro to approach your Lordship with assurances of their loyalty to the
British Crown, thoir attachiuont to tlie institutions of their country, and their personal respei-t for your
Lordship.
That, oh rishiii;,' s\icli spMtimciits, your momorinlists have viewed with surprise and pain the recent
action of tlie Iiiipeiial (lovcnimiMit in de.dini,' witli their interests.
That an Ad iiroliiliitirii,' fur-seal huntin;,' in Bohrinii's Sea has been pa.ssed through Parliament,
and has reeeived tlie Itoyal Assent with unusual liaste, wIkj.sc etfeel has been to proteil a hu-f^'e piililico-
ooinmercial monopoly, belunginy to a foroij,'n State, at the expense and to the serious detriment of
British intercuts.
Tliat your memorialists regret that you can have no eonfidonee in the sincerity of the United
States' (ioverument in desirini; the protection of fur-.seals, inasmuch as lliey have never made anv
effort to preserve animal life fioni tlie licence of their own citizens.
That at tin' jireseut time they are <'onnivini^ at the e.xti.'rmination of the wli.de and the sea-ottc.
Canadian lisliermen bavin;,' no jniil or share in those iniUislrie«. and that your memorialists confidrntly
believe that, had not Caiiadi.ins shared in the fur-se.al fishery, no complaint of extermination would
ever have been heard of liy the p\iblic.
That sueli (loveriiineiit, jiicl^'eil by its actions, has established little claim to any generosity or
forbearance on the ]iart of the I'ritish. but more esjieoially of the (,'anadiaii ]ieo]iIe.
That the alle;.;atiou publiely made by a prominent .statesman that the Victoria, British Columbia,
fur-seal industry is largely eouducted by American eajiital and enterprise, is, so far as your memorialists
are coiicenicd. alteolutely erroiieiius anil without foundation.
That y(Mir memorialists have .seen, with humiliation and sorrow, the flag of their countrj', to which
they have ever been aeeustonied to look for protection, jwrverted on the behest of a foreign Power from
its legitimate functions into an instrument of opjiression, and your memorialists have been driven from
their lawl'ul avocations on the high seas with the los.s ot tlu^ entire season.
That in the year ISHti vessels, tla^ jiroperty of your nii:niorialists, were seized by the American
cruizers on the high seas, upwards of (iO miles distant from land, their )iroperfy confiscated and their
crews imprisoned, the hardships and cruelties (unworthy fif a civiliziHl nati<in) siillered by thein resulting
in the death, during his custody, of the captain of one of the vessels, and that to this day the losses and
indiiinities endun'il by your memorialists remain unredressed.
That. Ihi- alleged diminution in the number ot seals is, if true (although ev(>ry evidence iirnvcs the
contrary), far nuire likely to have resulted from the ojieralions <if the lessees of the Pribylolf Islands in
slaughtering them by hundreds ol thousands at their breeding-places, than from the coniparalivcly
insignilicant o]ierations (if your memorialists, scattered over a vast area of tla^ Pacitie Ocean.
That under all the eiriunistanees of the ca.'fc, your memorialists having been de]irived of the profits
of their whole season's business, for which they were liermitted to clear at British Custotn-hou.ses, most
earnestly appeal to your Lordshiji's sense of right and justice to grant them comiiensalion lor their
losses.
That it is the custom of the trade to pay Ininters eng.aged in it at a rate of so mneli ]ipr .skin for
all .skins taken, and sailors at so much per month, the voyage generally lasting until about the end of
September.
That nianv of your memorialists' vessels have been in port for weeks, tiieir voyage endeil, and
crews \ydu\ off at rati's wholly inadeipiafe to their winter maintenance, and in many cases insullicieut
to pav their ]ia.ssages b.aek to Kastern Canada, where their homes are.
'j'hat in asking com|pensation your memorialists have in view the losses of their men as well M
their own, .anil if awarded compensation on the basis hereinafter suggested, will undertake tn ])ay all
hunters and sailors enipluy,-d by them at such ral<'s in they woidd have been entitled to receive had
the usual average number of seals been taken in I'lehriiig's Sea, and the voyage been com]deted at the
end of .v'ptember.
That your memorialists respectfully suggest, as the only equitable method of computing snch
compensation, that they Ik; allowed the value at eurri'lit Jiriees of such )mnib,'r of si'id-skins as they
■would presumably have killed in Hehring's Sea had their voyage not been arrested, estiiiiati'd at the
average l;ike )ier boat or canoe carried for the last three years (exclusive of such vessels as were seized
or driven out of Hehring's .S^a in IHHO).
That suib jiriiiiaple, if accepted by the Imperial (loverninerit, will save the expense ot further
inquiry, and, by obviating a delay in payment, wdl confer a boon upon your me?niirialists.
Your memorialists, therefore, hunihly )iray that your l,orilslii[i will be jilcascd to take siic'h iirompt
action tor their relief as in your wisdom you may deem right and jusl.
And vcair nieiiiorialisls. as in dutv bound, \\\\\ ever jiray.
(Signed) K. B. MAltVIN ANn Co.
Vanconicr. L'nlid ^nlumbia, Septcmbf,- 1, lii?i! (Anil IT otliers.)
105
Appendix (C).
Sir, Ottawa, September 19, 1891.
I have the honour to acknowlndpfi tho rocpiirt of ymw lettor of thr; 1st instant, forwarding, on
bfilmlf of the Sealers' Association of Victoria, i'.ritisli Columbia, a Memorial addressed to the liight
Ilononrable Her Majesty's I'rineipal 8e"retary (jf State for Foreif^i Affairs, signed by the owners,
iuaua^;ing owners, and aijents of the Canadian sealing lleet.
I have brought the Memori.al to the attention of his Exeellency the Govcrnor-fleneral, with the
vifw of communicating the same to Her Majesty's (ioveniment. I m.ay add that any further
re] i-csentations wfiicli it may be deemed necessary to make on any branch of tlie question will at all
times receive my prompt attention.
I may state, lor the infonnation of the Association, that, in the /legotiations leading up to the
present modus vivcndi, the (jlovciment of Canada hiLS njt neglected to represent the great interest of
Canadians engaged in tho fur-seal iiidustry.
Your Association is, I take it, already aware of the views of Her Majesty's Government on the
question of compensation, since they were communicated through another channel, in answer to former
protests.
I will, however, repeat that Her Majesty's fiovcrnment has intimated that, while they incline to
tho belief that the closure of Hehring's Sea to all sealing ojxMations both on land and at sea will so
enhance the value of tlie catch that tlie prices realiz(Ml wiU compensate the sealers for their loss of the
Behring's Sea catch, they will be jirepared to consider claims to recompense where it can be shown that
actual loss has accrued by reason of tlie legislation under review.
Formal protests on behalf of some eight or ten returned vessels have already reached me, and have
been brought to the attention of Her Majesty's Government.
I observe that your letter intimates that in some instances no claims can lie, as the vessels
returned with full catches.
1 have noted your desire that I should advise your Association touching any further steps that
might be taken.
I have, &c.
(Signed) CHARLES H. TUPPEK.
Richard Hall, Esq., Secretary,
Victoria Sealers' Association, Victoria.
No. 152.
Sh J. Pauncefote to the Marquis of Saluihury, — (^Received October 27.)
My Lord, Wasklnglon, October 19, 1891.
I HAVE the honour to transmit a copy of a note in relation to the compensation
clause of the Behrinn;'H Sea Arbitration Agreement which, in accordance with the
instructions contained in your Lordship's telegram of the loth instant, I addressed to the
Acting Secretary of State.
I hdVC, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosurc in No. 152.
Sir J. Pauncefote to Mr. Wharton.
Sir, Wnt:hinglni>, October 17, 1801.
IMMEDIATELY on the receipt of your note of the 2.3rd July last, relative to the
form of compensation clause to he inserted in the Rchring's Sea Arhitrution Agreement,
I transmitted a copy of it to the Maniuis of Salisbury. Since then I have lieon in corre-
spondence with his Lordship respecting the new form of clause on that subject proposed
in your note as Article 7.
I regret to inform you that Her Majesty's Government, after the fullest consideration,
have arrived at the conclusion that this new clause could not properly be assented to by
them.
Ill their opinion it implies an admission of a doctrine respecting tho lial)ility of
Governments for the acts of tiioir nationals, or othfr persons sailing under thcii tlag, on
Ihc high .seas, for which there is no warrant in the law of nations. Thus it contains the
following words : —
" The Government of the United States having presented on its own behalf, as well
as of the lessees of the privilege of taking seals on the I'rihyioli' Islands, claims for
compensation by reason of the killing of seals in Behring's Sea by persons acting under
the protc(;tion of the British flag, tlie Arbitrators shall consider and decide upon such
claims," &c.
[572] f
106
These words involve the proposition that Her Majesty's Govcrnmont arc liable to
make pood losses resiiltiiii;' from the wrongful action of persons Bailing outside their
jurisdiction nnder the ilritisli tlfij;'.
Iler Majesty's (Sovcriniunl could not ncco;d such ii doctrine.
The Article dealing with the quest ion id' c(iui|iensHlion is therefore likely to give
occasion for kns'thy nci;'otiutions, which nmst retard indefinitely the decision of the main
questions of law on which the validity of the claims of either tiovcrnnient entirely
depend.
Both Governments l)cin,i>- equiilly desirous to find a prompt solution of the difhculty
wliich now impedes the conclusiim of the Arhitration Agreement, Lord Salisbury has
authorized mc to make the following i)roposal : —
His Lordship suggests that the six Articles of (he Arbitration Agreement already
accepted by both (Joverninents should be signed now, and also an Article providing for
the reference to the Arltitrators of any (juestion of fact which either Government may
desire to submit to tlicni regarding ihe claims for cornpcnsalioii to whicii it considers
itself to be entithul. Tlie application of international law to those facts would be lett as
a matter for further negotiation after tliey shall have been ascertained, and migiit bo
subsequently reterrcd to tiie Arbitrators, in whole (,r in jiart, if the two Governments
should agree to do so.
'J'lie aijovc i)roposal presents so logical atul practical an issue out of the dillloulty
that I cannot but think that it will commend itselt to llic favourable consideration of the
President, and I hope it will meet with his acceptunce.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 153.
Colonial 0/ficc to Forei'jn Office. — (lieceivcd October 30.)
Sir, Dotrnimj t^tccct. October 29, 1891.
I AM dii( etcd by Lord Knutsford to transmit to ) uu, to be laid before the Marquis
of Salisbury, witii rei'erence to previous corri'S|)ondeuce, a copy of a telegram from the
Governor-General of Canada stating that the liehrinjj's Sea Cotnmissioners are awaiting
instructions at Ottawa.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosurc in No. lo3.
f.nrd Stanley of I'rcaion In Lord Knutsford,
(Telcgniphic.) Ottnira, October 21, 1891.
H ADl'.N-POWI'M^L and Dawson returned an<l await instructions here.
No. l.')4.
The Marqulu of ISalii'iiurii to Ihe Beliriiir/'s Sea Conimimiioneni.
Gcntletnen,
MTI'll reference to vonr
Fnreliiii Office, October .10, 181)1.
dciipfiteh of the Sth August last, I tiansmit to you
herewith a co[)y of a tlesp.ifeb from lice Majesty's Minister at Washington,* inclosing
correspoiulcnce with the United States (ioveniineiit lespecting the nuuittcr of seals Uillod
doling Ihe recent fishing season in Heluin^'s Se.i.
1 shall be glad to reci.-ive any observulions you tuny have to make on this despatch.
I am, &e.
(Signed) SAUSUURT.
• No. 147.
lOT
No, 155.
Foreign Office to Sir G, Baden- Powell.
Sir, Fom(j,> Office, October 30, 1891.
I AIM directed by the Maimiis of Salisbury to aci<no\vlc(l'j:i' the receipt of your
Motnoraiuluni, dated the lO'h AuL,'ust, ou the liiiiitatidii of the number of fur---cals to be
taken on the I'rii'yioll' Islands duriiitr the i^eiisoii of I8!)l.
His liorilsliij) desires me to eonvey to you his timnks for tliis communication.
1 am, Ike.
(Signed) 1
CURllIE.
No. 15G.
Sir J. Pauncefole In the M'unpii.-i of Salinburi/. — (Rccciced October .31.)
(Telegraphic.) Wnnhintjlnn, October 'M, IsOi.
I SAW Mr. Hhiine lo-(i:iy on tlie pubjcot of the i^chrinii's Sea ar'nitratiou. He told
me that he a|i|iroved of my h.;;! [ii'oposid t ) liie eU'oet that ihj .-icvcn Arbitration Articles
and llie Artielo providinij for a Joint Comniis^ion shoid 1 \y.' s'.njned at once pr>.vi#ionally,
with a view to their heiiiir subsctpiently cnilxidi^-d in foni);d documents, lie iiddcd that he
was ready to piDcccd at once t(j diseu.ss witl; inc the .Articles of the .\rbitrat'on Convention
wliieli still reuiained unsettled rc-pectiiiu; tiie iipiiointnieiit of Aibiinit irs and otiier matters,
and lie asl>ed me whetiier I could <_'ive iiini any intormation a.s to your Lordship's views on
this subject. On my e.\pressiuy: my inability to do so, he threw out the suggestion that it
would be bcBt, in view of all the circumstances of the case, if the Court of Arbitrators
were to be composed of Euirlisii and Americsm jurists of repute, two on each side, with an
Umpire to be (chosen by some torei^iu Power to be ni,M-eed on between the two Govern-
ments. He said he would have no objection to Iloiland, Sweden, France, or Switxx'rland.
In his opinion, the appointnuni of Eii!i;lish and American jurists as Arbitratars was
advisable on a'.'count ol the i-oiiununity, not only of lani^uaire, but of tlie principles of law,
of Great. Hritrdu and the I'niicd Slates, lie asked me to inform your Lordship of this
suirgestion, and to ascertain the views taken of it by Her Majcsty'.s Government.
No. 157.
TIte Beliritu/i- Sea Cormni.inioncr.s In the .Vflrr/i/i.i- *./ Salitibujii. — (Receircd November 2.)
My Lord, Vintcouver, October 14, 189L
IN continuation of our desi)ateh of tlu I7tli September last, w(; have the honour
to report that, after leaving lieluini;s Sea, \vc visiuni Ivodiak Island, Sitka, and ShiUau,
making in<pni'ies of both the natives and White rc>idcnts at those place,--.
2. Her Majesty's ship " ^ymijlie," on her wa_v to Ls(juimah. followini;' a uift'erent
cuursu, met uiid assisted us at Sitka.
S. Continuing our cruize of investisrfitiou. \vc called at the followiiit; places on the
coast of British Columbia, viz. : Fort Simpson, Melkiltatla, Port Kssington, Musset
(Queen Cliarlottc Islands), IVII.i Bella, Nawilhi, Cla\ xpiot Sound, and F>arclay Souod,
where, bv personal inquiries, wc amplified tiic written '^tateuicnts which, in eumpl»BCC
with our previous request, had been forwarded to us by the various Iiulian agents on
the coast.
4. We have thus been enabled to ac(pure a Uirect
industi v, both past ajjd present, as it adecl.^ the Iiidi;iii- of South-cn'^t Alas'- 1 am
Colundiui.
;■). We also visited the fudian SetlUnneut at \< all ii.iy
■"•CTaits of Fuea, where we obtained valuable inl'oi-matiou.
fl. Reaching Esi|uinuilt on the Hti; Ottober, we reporici
t-ommnuder-in-chief on the Pnciiic Station.
7. While at Victoria and \ancouver deputations from the Sealers' Associations met
us, and troni them and lioin otheiN we m;ide tiu'd iuipiirics in order tn obtain authoi U.itively
the views of nil ])ersons coimeeti<d with the lur-.seal fishery ou the tacts ol seal l:(e, and on
the protective measures lo which thev would agree.
[572j
knowledge oi the lur-sealing
liritisli
on tiic .Vniciican shore ol the
our arrival to tlie
t i
108
8. Wc also paid a special visit to the American port of Seattle, the chief centre of
the American pelagic scaling industry in Paget Sound.
9. Such is the record of our local inquiries in the North Pacific Ocean, in which we
availed ourselves of every known source of information likely to assist us in arriving at
sound conclusions.
10. Wc now proceed direct to Ottawa, completing our Report to Her Majesty, and
awaiting further instructions.
Wc have, &c.
(Signed) GEORGE BADRN-POWELL.
GEORGE M. DAWSON.
No. l.-iS.
The Beliring's Sea Cnmmissioncrs to the Marquis of .Salisbury. — {Received November 2.)
My Lord, Port William, Ontario, October li), I8i)l.
WITH reference (o vour Lordship's despatch of the 12tii Scpleniher last, respecting
the limitation of the number of seals to be killed on the Pribyloff Islands this year,
we have the honour to mt'orni your Lordshiii thai on tiic ISth instant we received a
private letter from Sir Julian Paunc(fote informing us that "The United States' (iovcin-
incnt have replied to our" (Her Majesty's Government's) "complaint of the vu)lation of
the modus vivnidi. They admit that .Major Williams allowed no less than 12,071 seals to
be killed. They do not say that they approve his action, but they merely give his
ex|)Ianations, and hope I !er Majesty's Government will be satisfied that he had no disposi-
tion to violate the Agreement."
Major Williams informed us on the islands early in August that nearly 9,000 seals
had been killed by that date, and that the killing would be stopped until the '' stagey "
season was over, but resumed in October.
We therefore assume lliut .'!,0()0 ot' the 12,071 arc to be killed this autumn, and
have this day addressed to your Lordship a cypher telegram ot which the following is a
paraphrase : —
" October H), 181)1.
" Sir .luliau Pauncefote informs us that the United (States' Government admit that
permission has been given to kill 12,000 seals on the seal islands this year. Wc
understand that about 3,000 of these remain to be killed this autumn; wherefore we hope
that tho United States' Government have agreed to send instructions to the islands to
stop killing at once until May 1392. — Badkn-Powkll."
We noticed in the newspapers a report that the United States' revenue-cruizer
"Rush," on arrival at San Francisco, was uiiex|i(ct'jdly ordered to return to the Pribylotf
Islands in the early part of October. The United States' CJovernment thur, had an
opportunity, of which they possibly availed themselves, of sending to the seal islands the
necessary orders to stop all further killing this year. \Vc can hardly suppose that they
would neirlect so good an occasion, at all events to mitigate the ctFects of the misunder-
standing (if clause 2 of the modus viieiidi, but we had ourselves no int'ormution as to anv
such action liaviug been taken by the United States' (iovernment. and a.i Sir ,)ulian
Pauncefote did iiot mentior> the point we telt it our duty to at once communicate our
views by telegraph to your Lordship.
We have, &c.
(Signed) GEORGE P.ADEN-POWELL
GEORGE M. DAWSON.
No. 159.
The Bebring's Sea Commissioners in the hlurquin of Salis' ury.-^(Received November 2.)
My Lord, Ottawa. October 21, 189L
WE hrvp the honour to transmit, for your Lordship's consideration, a co|)y of a
Memorial which wa^ handrd t(; us on the 14th instant by the Scalers' Association of
Vancouver, statmg tlioir special c'aiins for com[>ens'ition on account of the Proclamation
isBuifd lor tins year against the taking of fur-seal in liehnag'H Sea.
109
\Vc informed the Association that tiic subject was one outside the precise scope of
our Commission, hut that we would have pleasure in laying the Memorial before your
Lorc'sliip.
We have also, in compliance with the request of the Scalers' Association, transmitted
a copy of the Memorial to tlie Governor-General of Canada.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEORGE M. DAWSON.
Inclosurc in No. 159.
The Vancouver Sealers' Association to the Behring's Sea Commissioners.
Gentlemen, [No date.'\
WE, the undcrsitrned owners of the sealinf; fleet of the city of Vancouver, have the
ho'inur to innl\c tlie f'oliowiiii; representations: —
That wliili; all owners of sealinsi-vessels in the province must have sufl'ertd from the
op'.'ration of the nwiliis rivpiidi. we, the owners of the sealing tleet hclonging to the city of
Vi'iicouver, have pvobahly felt the hardship the most severely from the reason that the
industry is c-ntircly a new one, the whole tleet of vessels having been built within the last
few months, and cijuippcd by us for the sole purpose of proceeding to Behring's Sea in the
past season.
'J'liat at the commencement and during the construction of these vessels we had no
reason to suppose that any re.slrictioti would be placed upon their movements.
That, having completed them, we in good faith went to the gical expense of fitting
them out for the lislieries, and in fui bud no intention [? intimation] of the etieets of
the mn(lii>: vir''n(Ii until after their arrival in Belirins's Sea.
That the industry being a new oik- with us, and not having the profitable results of
previous years as an offset, we, as before stated, are the greatest sufferers by the action of
the Government in this respect.
We would ;dso call your attention to the fact that the hunters employed in the above-
named vessels were engaged for the voyage, and received no other recompense tlian an
amount per skin saved, as agreed upon, and c Misequently they have made a claim upon
the owners for compensation based upon eainiiii;^ of Ibrmer years.
We have not thoiit;ht it necess.iry to burden yoi with further details of our ease, as
you must be already lully cognizant of it, but shall be glad at any time to supply any
information in our power.
We have, &c.
(Signed) D. OPPENIIEIMER, President.
(.And others.)
.No. 1(J(.).
Sir ,/, Panncefote to the Marquis of Sahsburii. — (Ixvccivetl November 2.)
My Lord. iYnxiiinylnu. Ortnliir 2i^. 1891.
WITH reference to my telegram of the l!.'th instant, [ have the lionoiir to
inclose copies of notes wliieh I have exchanged wiili the Acting Secretary of State,
recording the adoption by both Govemments of the seven Articles of the IKdiring's Sea
Arbitration .Vi^recnient as llnally settled.
Mr. AVharton int'onned mo yesterday that the Prosidjnt is of opinion that no formal
instrument should be signed until all the other provisions relating to the number
and choice of Arbitrat(>r> and the time and jilaee of their sitting. &:e., have beeii settled,
so (hat the whole may be emliodied in a Convention to be laiil before Congress.
I suggesti " that, in the meanwhile, copies of the seven Articles and of the
Joint Commission .».'icle, which have been agreed to, should be signed by him and me
on behalf of our rcspecii'^'e (Jovernmeuts.
He said that he would . ubmit that course to the President,
1 have, &c.
(Signed) JULIAN PATTNCEFOTtl.
no
Inclosure I in }^o. IGO.
Mr, Uluirlon to Sir J, PaunceJ'otc.
Sir, l)i-pnrlmrnt of l^tn'r. IVashingtov, Orloher 22, 1891.
I HAVE Ifiiil before the Prcsidoiit your iioto of lliu IVth iiislaiit, ami lio directs me
to exjirohs Ills rr^-rct tliiit your Govfrnincnt lias not scon tit to acc('i>t the iiiodilied I'orni
of the 7tli ehiiise wliicii was jirojiosed in my note of the L':'>rd July last.
'i'liis modilication of the chiiise in tjiiestion was made with a view to oliviato
the ohjeellvin injj;cd in your note of tlic l-'Uh July, and ihe ['resident is unahle to
see how it can he held to imply an admission on the part of Great iiritain "of a do(!trine
res))i'Otinj>' the liability of (iovernments for the aets ol their nationals or otlier pi'rsons
sailinjjf under (heir dag; on tiie higli seas for which there is no warrant in international
law."
The proposition was expressly framed, so as to submit to the Arbitrators the question
of the liability of each Government for si)eei(ied acts comphiined of by the otlier, and its
laniruiise no more implies an admission of liability on the jiart of one Government than
on the part of tlie oliier. It i-; |U(cisely becau»;e the two Govornments cannot aj^ree as
to the c|ue>t!<ia of liability that arbitration becomes necessary, 'i'lie facts upon which the
resiii'ctive clnims for compensfition rest are not seriously in dispute ; to wit, the seizure of
ve.s.sels and tlii' killin;;- of seals in ]}eliriiif?"s Sea, and it woulil probably not n (piire the
aid of ^'Irbitrators for their ascertainment. But it is the more important and dilllcult
question of liability respeetin;;; which the two GoNernments find it necessary to invoke
the interposition of iiii)iartial arbitration, it ivas not the intention of this (iovernment to
rci|tiiie of (ireal Hrilain any admission of liability for the acts eomjilainetl of, but it, has
felt lli;il if the arbitration was to result in a full settlement of the diti'erences between
the two GovernmeniK, the (picstion of respective liability for these acts should f;o to the
Arbitrators for decision.
In the informiil Conferen;'e.M which have taken idace between us since ihc date of
my note of the li.Hrd July, you will remember that I have .solicited from you any su<;fjes-
tion;i in sniipoit of the objection that the modilied clause assumes a liability on the part
of your Government, havinj;- in view on my jiart an amendment of the phrascoloiiy to over-
come the objection, and 1 Lave to express di.saiipoinlmenl that no such su,nji;estioiis were
found ill your note ot the ITtb instant. It was for this reasi'ii, and in the hope that the
clause mii;lit be made iicceptable lo your (Jovcrnment, that, alter the recei])t of your note,
I submitted lo you inform.'illy the followiiiL;' amendment to be added to the Tth ehiuse,
as pro|)Osed in my nolo of the 2.'<rd July : —
"The above provision for the; submission to the Arbitrators bv (ho United States of
claims for compensation by reason of the killin;j;- of seals Ik ''s actim; under
the protection of the British flaj^ shall not be eonsiilered as implyinj^ i,M_ admission on
the jiart of Ibe Government of (Jreat iiritain of its liability for the acts of its nationals
or other persons sailin;,'' under its ihii^."
We have now been informcil by you that your (Jovernmeiit is unwilling' to accept
the clause e\en with this aiUlition by way of amendineiit.
When in your note of the L'lst I'V'bruary la-t you ciMiiniunicated the desire of Lord
Salishnrs for a "reference to the Arbitrator of the (|ucslioii ol' clainagi's due to iier.sonc
wlu) have been injured, in case it should be deteniiiiied by him that the action of the
United States in se'ziiiL;' IJritish ve-sels had been without warrant in international law,"
the President cheerhdly accejited the sugjjjestion, and, couplinj;- witii it the claim of
daniai;es preferred by llie United Sti.te.s, ])roposed to submit both queslion.s, as presented
by the res]iective Governments, to arbitration, thus making- a complete and final
settlement of all dilTerences between the two Governments connected with the seal
fisheries. To withdraw this eoinprehensive siibmissimi of specified claiiii,'i, and substitute
for it a mere reference to tlu; Arbit.'ator of (piestions of facts toucliing tl'e same claims,
which are not to be held biiiilii:;;' uiion either ( Iovernment, as you jiropose, is. in the
o;)inion of the ('resident, an imperfeet, and, he fears, may prove, an inell'eclual disposi-
tioii of the (jiiestion of claims. Ikit l.avinn' failed in his ettorts by modilication and
anundiiicnt to secure the acceptance by your (Jovernmetit of the clause for a full adjust,
nient of tlic-^e claims, and heartily participating in the desire e.vpressed in your note for
a pr.inijit solution of the dilllciilty which impedes the conclusion (d' the arbitration, lie
lias thoiiglit it best to terminiile the discussion by pro
constitute the text of clause 7 : —
to you the fidlowiiig,
to
The resiiectivo Go\ernments having found \
iiinselvcs una
hie 1
o aiiree upon a
reference which shall include the question of the liability of each for the iuiuries tvUogcd
to liavc l)0('ii sustained l)y tlic oilier, or liy its citizens, in conncclion with tlic claims
presented and urj,a'd by it, niul bein;;- solieitoiis tlmt this -uliordiiiiilc (|ueslioii should
not iiilrrni|)t <ir hmnor dehiy ilic siihniis-^ion and delirniinatioii of the main (|Uesuons,do
ajTree that either may submit to tho Arbitrators any question of faet involved in said
(!hiini.s and ask for a lindiiijr liioreon, tlu' (pieslion of the liability of either Government
upon the facts found to be tho subject oi further nen;otiation."
I have, iScc.
(Si^jncd) W. F. WUARTON.
Inclosurc 2 in No. IGO.
Sir J. Pauncvfolc to Mr. H'hnrtnn.
Sir, Wnslunr/lnn, October 23, 1S91.
I II A VI] the honour to ackno\vled!,'e the receipt of your note of yesterday's date in
reply to mine of (he ITtii instant, in which 1 slated tlic trrnunds on wiiicli Her .Majesty's
Oovcriiinen! romiil theni-.elves nnaidc Id accept the form of claii-.i' rclaliiii; to (lainai;cs,
])roi)ose([ in your iioto of liie •-'"rd .hdy la>t for insertion in llio lieliriiiLj's Sen Arbitration
Agreement.
In that, note. I informed you llait I bad iiecn authorized by the Marquis of Salisbury,
with a view to a prompt settlement of the difliculty, to mal^o the loliowiiii; sii2-:;estion,
namely, that "the six Articles of the Arliitration Agreement already accepted by both
Governments should be signed now, and also an Article iirovidinc; tor tho reference to the
Arbitrators ol' any question of fact which cither Government may desire to submit to
t'.iem refrardinj;- the claims for comjicnsatioii to which it considers itself to bo entitled.
The application of international law to those facts wo id d be left as a matter for future
ncy:otiation after they shiill have been ascertained, ;ind mi;;'lit be subscipiently rcd'errod to
the Arbitrators in wlade or in part if the two (Jovernmonts should asree to do so."'
In your note; under ackiutwh'dirment, in which you reply to tiic aliovo sugifcstion, you
advert to the discussions and informal conferences, which iiave taken ])lace on the subject
of the cl.'uise deaiin.^;' with the (|n('slion of domaKCs, and you state that the I'residcnt is
unable to .see how the seventh c!iiUs(>, ])roposcd in your note of the 2:'rd July last, can be
lield to imply an adndssion on the part of Great lirilain "of a doctrine icspeetinc; the
liability of Governments for the acts of their nationals, or other persons sailing' under
their i\n^ on the bi^li seas, for which Ibero is no warrant in international law," '1 hose
are, no doubt, the terms in which I stateil i;cncriilly the (dijection of Her Majesty's
Government to the form of clause in (|iiestioii. l!iil I am relieved from explainiiin; their
objection in irreater detail by tlie pro])osal of the I'resi;h,'iit, with which your note
concludes, to substitute a new (dause. which substantially carries out Lord Salisbury's
suggestion,
You state tlmt tiic President has thought it best to terniiiiato the discussion by pro-
po.^injf to me tlie tbllowiui^ to constitute the text ol' (dause 7 : —
"The respective (Governments, having' found themselves unable lo airrce upon a
reference which shall include the question of the liability of each for the injuries alleged
to have been sustained by the other, or by its citizens, in C(mnectimi with the claims
jiresented ami nriied by it. and being solicitous that this subordinate (juesdon should not
interrupt (U' longer deliiy tlie siilimission and determination of the main questions, do
agree that either may submit to the Arbit.alors any que--tiou of fad involved in said
chiims, and ask for a fintling thereon, the (piestion oi' tho liability oi' either Government
upon the facts found to be the subject of further negotiation,"
[ am glad to be able to announce to you that I have received by telegraph the
authority of Lord Salisbury to accejit the above clau.se on Ixdialf of Her .Majesty's
(ioTcrnment, and, in il«i'ig so, I beg to exjirc-s my gratification at this satisfactory
solution of the ditiiculty wliicli has delayeil the conclusion of the Arbitration .\greement.
I have, &c.
(Signed) dULlAxNI PAU2^CEF0TE.
112
No. 161.
Foreign Office to Colonial Office,
Sir, Foreign Office, November 2, 1891.
I AM directed by the Marquis of Salisbury to transmit, to bo laid iicfore Secretary
Lord Kmitsiord. a jjaraplirasi' of n telegram from iler Majesty's Minister at VVasiiin^ton,*
rcportiii',' an interview with Mr. Blaine respectini,' tiie I5eluin;;'s Sea arljitralion.
llis Lordship will b(! jjlad to be favoured with Lord Kiuitsford's opinion on Mr. Mlaine's
suscestion that Mritish and United States' jurists of repute, two on cucii side, should bo
appointed as Arbitrators, and that an Umpire siiould be selected by one of the foreign
Powers named.
Lord Salisbury is of opinion that the proposal to appoint jurists as Arbitrators might
be accepted by Her Majesty's Government, and he is disj)oscd to think that the choice of
the foreign Power with whom tlie selection of the Umpire is to rest should be decided
by lot.
I am, &c.
(Signed) 1'. CURRIE.
No. 102.
The Marquis of Salisbunj lo Sir J. Paunctfote.
Sir, Foreign Office, November 6, 1891.
I HAVE received your despatch of the D.^rd ultimo, inclosing copies of the
notes which you have exchanged with the Acting Secretary of State, recording the
ado])tion i)y the Britisliand American (Jovernments of tiie seven Articles of the Behring's
Sea Arbitration Agreement as finally settled.
In reply, I have to slate that Her Majesty's Government approve the terms of your
note, as well as the suggestion made by you to Mr. Wharton respecting the signature of
the Articles as reported in the last paragraph of your despatch,
I am, &c.
(Signed) SALISBURY
No. 163.
The Marquis of Salisbury to the Behring's Sea Commissioners.
Gentlemen, Foreign Office, November G, 1891.
I HAVE received your despatch of the 21st ultimo, forwarding a co[)y of a
Memorial from the Sealers' Association of Vancouver, in which the latter state their special
claims for com[)ensation on account of the Procla'.nation issued against the taking of fur-
seal in Behnng's Sea.
The answer which you returned to the Association, as reported in the same despatch,
is approved by Her Majesty's Government.
I am, &c.
(Signed) SALISBURY.
, No. 164.
•I
TAe Marquis of Salisbury to the Behring's Sea Commissioners.
Gentlemen, Foreign Office, November 6, 1891.
I HAVE received your despatch of the Nth ultimo reporting your movements,
in the prosecution of the in(]uiry with which you have been charged, between the
18th Scptcndjer and the 14th October.
I have to state that your proceeding? are approved by Her Majesty's Government.
1 am, &C.
(Signed) SALISBURY.
• No. 156.
113
Xo. Kio.
Admirnlti/ to Foreign Office. — {Received November 12.)
Sir, Adiiiiriillii, Nnvnuhrr 10, ]h!)].
I AM coniiuantlod hy the Lords Cotiiinis'^ioiiLTs ol' the Adiniralty to transmit, for
the inforiiiation of the Secretary of State for l''i>rei;;ii Aflairs, copy of tiie remarks of the
Commander-in-ciiief on tlic Pacific Station, dated the 1st Ocioher, in foiwaidiiif,' the
Report of Her Majesty's ships in tlie iJehriii.n's Sea in Ib'Jl, received from Commander
Turner, of Her Majesty's slup "Nyinidie "
My Lords propose, with tiie concurrence of liord Salisliury, to approve of the
proccedinjis of Commander Turner, (d"ller Majesty's ship " Nympiie," Comiiianih?r Harr,
of Her Majesty's ship " I'orpoise," and Lieutenant lladU'v, of Her Majesty's sliip
"Pheasant."
I an), ^c.
(Signed) EVAN MACGUEGOR.
Inulosurc 1 in No. 1G.j.
ReaT'Admind Ilolham to Admiraltij.
(General Report of Proceedings of Her Majesty's ship.s in the Beliring's Sea, 1891.)
" n'lirKpilc," at hlsiiuimull^ October 17, 1891.
FORWARDED, ohscrvinn; 1 am j^lad to lie ahle to hring to their Lordships' notice
the good feeling tiiat existed hetween Her Alajesty's ships and those of the United
States; also that the Coniniissioners of Seal Kisliery (|Uestion (Sir (.}. Hade'i-Powell,
K.C.ALG., M.P., and I'rofessor Dawson, of Canada) have represented to nie by letter
their appreciation of the aid they received from Commander Bui-r, of Her Majesty's
ship " Porpoise," and Lieutenant-Commander Iladiey, Her .Majesty's ship " Pheasant,"
in carrying out their work, under the superintendence of Commander Turner, Senior
British Naval OtUcer.
(Signed) CHAS. F. HOTHAM.
Inelosure 2 in No. 10.5.
Commander Turner to Rfar-Admirnl Ilothum.
Sir, " Xiiiiijib,;" (It Esiiiilnialt, Octnhcr "n, 1891.
I HAVE the honour to report that on arriving at Es([uimalt from a cruize on the
IGth ,lunc, 1 found awaiting me telegraphic orders from the Admiralty to proceed with
Her Majesty's ship " Phea.sant " to the Beliring's Sea as soon as possible, and there
co-operate with the United States' men-of-war in warning sealing-vosscls to leave the
Beliring's Sea, and in seizing those who might fail to heed the warning.
I received later telegrams, ordering me to charter steam-colHer "Costa Rica"
to take to the Beliring's Sea L', <>()() tons of coal for the use of Her Majesty's ships, and
also to charter steam-ship " Danube " for the use of Sir George Baden-Powell, K.C.M.G.,
and Dr. Dawson, Her Majesty's Commissioners.
On tlie 27th .June L proceeded to Uiuliuk Jfarhour, Ounalaska, after leaving
orders for Her Majesty's ship " Piieasant '" and steani-ship " Costa Rica " to leave for
the same port as soon as they were ready for sea, and on my arrival 1 found in harbour
the British schooner •' IC. B. Marvin," which had been seized hy the revenuc-st .nimer
"Rush" for sealing in the Beliring's Sea after being warned.
The United States' force in the Beliring's Sea was United States' ships
"Mohican," "Alert," '•Thetis," and the revenue-steamers "Corwin" and "Rush."
United States' ship " Marion " did not arrive until the 17th August ; steam-ship '• Alki "
was also chartered to bring up a detachment of marines, and they used her as a
receiving-ship for the crews oi captured sealers and as an escort for taking schooners,
which had been seized, to Sitka.
I took from the "E. B. Marvin" all their guns, an unition, and seal-skins, and
sent her down to Victoria with orders to report herself on arrival to the Collector of
Customs.
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Stcnin-ship "Costn Kica " arrived at Ounalnska on the 9tli, Her Majesty's ship
"Plicnsant " on the 12tli, and Her Majestj-'s slup " Porpoise " from the China Station on
the 27th Jnly.
Hei'orc leavinj^ Onnalaska I loft orders for Her Majesty's ships " Porpoise " and
" Pheasant " (o coa' immediately on arrival, and crnizi; on the stations afjrced upon
(llor Majesty's ship '' Xymphe " and United States' ship "Alert" on the eastern,
and Her Majesty's shij) "Pheasant" and United Slates' ship "Moliican" on tho
western side of the Pril)ylotf Islands), and seize all vessels whieh ha'" heen picvimisly
warned, letting {j;o with a warning those whieli hail not heen hoarded hefore.
With my orders, I sent to each ship a letter of warning, to he given to tl'e
masters of schooners hoarded, a form of cortificute to he written in the log or register (jf
eacli vessel warned, and instructions for the hoarding officer, copies of al' of whicli are
inclosed herewith.
t)ii tlie ]2tli .hily, after receiving from United States' ship "Mohican" a list
of all vcsse'ls which had liecn warned, and copies of which I left for IFer Majesty's ships
" Por|)oisc c' and " Plieasant," I sailed for the Prihyloll Islands, and cruized to the north-
cast of them, according to arrangement with Comnuinder Cotton, Senior American
>faval Oflier.
On tiie ISth .Inly I anchored olf St. Paul's village, and Ignited States' ships
"Mohican" and " Thetis " arrived the same 'lay. United States' ship '■ Alert '' jiinl Her
Nfiijesty's ship "Pheasant" arriving on the Utth Cnited States' ship " Moliic.iii "
reported .'i vessels warned hy herseli", 2 hy United States' ship '•Tliolis," (> hy United
States' revenue-stcanier "Corwin," and [\ hy United States' revenue-steamer " Ifusli,"
while I "iirned 1 vessel a\ul ller Majesty's ship '■ Pheasant " 5.
The Captains of all the inen-of-war in jiort culled on the (!o\ernmcnt and Sen!
Company's agents at St. Paul's, and visited the rookeries in comi>any with them. It
was especially pointed out that the seals were decreasing, as on the largest rookery
a great tract of land, which a few years ago had been covered with seals, and the
boulders and rocks on which had heen worn smooth hy them, was now totally deserted, and
no increase of seals had heen observed on other rookeries to compensate for this
deficiency.
On arriving at Onnalaska on the 2oth July I found there stcam-shi]) " Danube,''
with ller Majesty's Commissioners on board, and Ilcr Majesty's slii]) " i'lieasant.''
Steam-ship "Danube" sailed for the J'ribyloff Islands on llie 2(lth .Inly, a-id on
the 2'Jth .hdy 1 sent Her Majesty's ship " Pheasant " to meet her there, so that she might
place projicr boats, itc, at the disposal of Sir CJeorge IJiiden-Powell.
United States' shii) "Albatross" with the United States' Commissioners, Professor
Mendenhall and Professor Dall, arrived at Onnalaska on the Sotli July, and a iaw <hivs
afterwards proceeded to the Prihyloff Islands.
On the 1st August I ordered steam-ship "Costa Rica" to proceed to Sitka, nml
from there fetch mails and stores which steam-ship "Queen" was bringing up for
Her Alajesty's ships in the Hehring's Sea.
On the 1st August, alter leaving sailing orders for Her Majesty's ship " Por))oisc"
to proceed to sea on tiie 7th, cruize around the Prihyloff Islands, and return on the l!i(li,
I left Onnalaska and anchored at St. Paul's on the 8th August, having warned t\M)
'iing-scliooncrs during the cruize.
I ))roceeded from St. Paul's on the 10th August and cruized till the IStli, tonchinn'
at the Islands of St. JIalthew and St. Lawrence, and at the former i)lace I met steam-
ship " Damihc " in con)j)any with Her Majesty's ship " Pheasant."
Ilcr Miijesty's ship " I'orpoise " arrived ;it Onnalaska from her crm"ze on liic
lilth, and steam-ship "Costa J{icii " with mails from Sitka, and Her Majesty's ship
" Plieasant" on the L'Oth August.
Steam-ship " Daniihe" arrived on the 21st August, and .sailed again for the
Island of Alton on the 24th. 1 ordered Her Majesty's ship " Porpoise" to proceed to
the same destinntior.. so that she might render the same help to Her Majesty's Com-
missioners as ller Majesty's ship "Pheasant" had on their last cruize. J also ordi leil
Her Majesty's ship " I'orpoise " to proceed to the China Station as soon as steam-ship
" DaMiilH'"' started to return to Onnalaska.
On the '.iStJi August I sailed from Ounal.tska and proceeded to the mcsIw.iiiI.
anchoring again :i1 Ounalnska on the 0th September. During this cruize, a record of nil
seals Hceii wiw kept for the inlorniiilioii of Her .Maji'sty's Commissioners.
1 ordired Her Mnjesty's ship " I'hcasant " to proceed towards St. (iooige's,
Prihyloff Islands, on the 1st September, to cruize from there to Cape Newenham, and
return on a zigzag course to Ounahiskn,
115
On the Ist September the United States' ship " Mohicnn " towed into port the
British scliooner " Otto," in accordance witli nij letter to Commander C. 8. (.'otton,
United Slates' Navy, dated tlie 20th August, 18!)1, a copy of wiiich is iiercwith inclowvd.
Her Majesty's sliip " I'iieasant " was in i)arhour at tlie time, and after taiting cliargo of
lier jiapers sent her down to ^'ictoria.
On mriving at Ounalaska on (ho Gtli September, I found in port United States'
sliips "Mohican," "Marion," " Ak'rt," and " Tiietis," and as Uiiik'd Stati's' ship
"Alert" iiad received telenrapliic orders for Ciiina, and could not obtain eitluT coal or
oil at Ounalaska, I sold her the amount of each she rc(|uired.
United States' ship " Ahirion " sailed <in the Tlh, anil fbc United States' ship
" Alert " on the 10th August, for China, and later I'liiled States' -liip ■• Muliicaii " and
United States' ship "Thetis" went out lor a cruize, Commaniier Cotton intending- to sail
for San I'rancisco after his return to Ounalaska.
Stcam-sliip "l)anube" arri\ed at Ounalaska on the 17th Sciiteniber. As vessels
coming in brought news that the usual heavy weather hail set in, and I eonsiilered tlierc
was no further cliance of sealing in open boats for the remainder of this year, and as Sir
(Jeorge JJaden-Powell informed me that he intended to proceed to Sitka, I 'ailed fi'om
Ounalaska for tint port on the L'dth September, at the same tiuic as steam-ship
"Danube" and steam-ship "Costarica."
After coaling at Sitka from steam-ship "Costa I'ica," I ordered her to jiroceed
to Es(|ui "lit on the L'Otb Scptemtier. Steam-ship "Danube" left Sitka on tlie liTth
Scptcnibi ., and went down In' the outside route, calling at various jiorts for sealing
inforuuUion.
I sailed from Sitka on the 27th September, and arrived at this port on the 2nd
October.
Hefore leaving the IJehriug's Sea, I thanked Commander ("otton and the odieers
in commaiul of United States' men-of-war for the eflicient nninncr in which they had
co-operatcd with me. ilev Majesty's sbijjs " Porpoise " and '' Pheasant '' also materially
aided nie in my mission.
The weather exjierienced on the whole was very foggy and rainy, and tlie fogs
greatly aided the sealing-schooners iu escaping observation.
I have, &c.
(Signed) CHAR. T. TURNKK.
luclosure 3 in No. 1G5.
Lctlri (if WttniiiKj ndilrrssrd hy Commander Turner to the ^faxlers of Sealinfj Schooners'.
Sir, " Xj/mphe, liehrimjs Sen,
IS acconlance with the I'roclamation of Her Uritannic .Majesty's 'Joverument. a
co|)y of which is herewith handed you, and in coni]iliauci' with the orders of the nrilish
A(lmiraltv, yo\i are lierei)v warned not to cnnage in the killing or takiiii; of seals in that
nart of liebring's Sen lyiugeast of the bou'idary-liiu' between United States aiiil IJiissiaii
waters, referred to in the Proclamation, and the position of which, traced tipoM a Cliart,
will be shown you by the olilcer who delivers this.
'['be name of your vessel will be furnished to all vessels of war (^lirilish and United
States') and revenue-vessels in this sea, and you "ill he subject to seizure if you fail to
heed tins warning, and are found to be, or to have been, engaged in sealing in the
lirobiliited waters since its delivery to v<ni.
I have, \c.
(Signed) CHAS. T. TIJKNKU.
Inelosurc 4 in No. 105.
Form of Cerlifivdlt lo be copied in A'ci/i.*/"/' or Loij by lioiirdimj Ojlicer.
H.M.S tiKtiMi- •
Date
I CKHTIKY that 1 have this day delivered the Pioclaniation of Her i?ritaiinie
Majesty and letter of warning of to leave thcsi' waters
tortliwitb to this vessel, and tliat there arc now skin.son board.
[672] Q 2
116
Dnla.
Date. IMaeo or i)osifioii (when boanlcil), nanii' of vessel, name of owner,
name of master, nationality, port of refjister, toniia;?i', number of skins tiiken,
number of skins ou board. Ileinarks,
Sir,
Inclosure 5 in No. 10.'.
Instructions for Ilounliinj O/h'crr.
" Xi/wiilie," lit (hiniiliishii, Jiihj 12, 1S!)1.
'i'lIK boardinn ofiieer nil! deliver tiie Proclamation of Her ISritar.iiic .Majesty and
llie letter of warnings to masters of vo'<sels, read the letter to them, and make entry on
reiristcr or lofj (preferably the register) of all vessels engac^ed in, or eqnipi)eil for,
sealing, eertifying to the delivery.
He will ascertain, if possible, the number of skins taken, and the number on board,
if the vessel be a .scaler or equipped as one. If tlie master states there are none, he
will lake bis statement os correct, bi:t if he stales that n certain number are on board,
he will satisfy biinself that the number is not less than that slated. If the nuistcr
declares any intention as to his future movements, the boarding ollieer will make a
note of it.
A tracing showing tlic line of demarcation between the United Slates' and
Ihissian waters is lo be furni.shcd for his information, and that of masters of vessels
boarded.
(Signed) ('HAS. T. TUKNIiR,
The f'ommanding Oflicers, Commiiniler iinil Senior Officer.
Her Majesty's ships "Porpoise" and " I'lieasant."
Inclosure fi in No. 1(15.
Comtiiander Turner to Commaiuirr Cotton, V.S.N.
Sir, " Xymplie," at Ottnataslia, August 2(!, 1891.
1 HAVI'i the honour to inform you that since I told you by word of mouth only
that I considered .schooner "Otto " to be a .jus( and lawful capltn'e lor any vessel of war
of either nation, as she had sailed for the heliiing's Sea for sealing purposes after I had
told the Collector of Customs, Mr. Milne, of the Proclamation, I now put this in writing
for your guidance.
I have, &c.
(Signed) fllAS. T. TURNKK.
No. 1(10.
f>ir J. Pauncefote to the Marijuls of Snlislniri. — (Rcceivcil November 16.^
(Telegraphic.) IVnsliimjIim, Nnrrmher 10, 1H!)1.
MH. BLAINK itifornied me to-day flmt he was ready to .'igree to the rollowing
arrangements : — ■
'I'he Arbitrators, who must all be jurists of repute, and undoi'stflnd Knglisii, arc to
bo seven in number. Two Pritish subjc^ets (one may be a Canadian) shall be appoi.ited
by Her Majesty's (jovernnient. Two Americjins shall be appointed by the United
States' (iovernnu'nt. The other three shall be !ip|K)inted by foreign (iovernmeiits.
lie has no objection to selection by J''rance, Holland, Sweden, Switzerland, ife.vico. or
Brazil.
He thought Paris would not bo objected to as place u[ sitting, but he could not
pled'.;!' himsell', as he bad omitted to consult the I'rcsident.
Copies of the Articles of the .Arbitration Agreement nu<l the .loint Cemunission
Article, as agreed on in correspondence, are being pre|iared for signature.
117
owner,
taken.
|v.)l.
ji'sty and
entry on
)[)e(l for,
liouril,
noiic, lie
hoard,
niaslor
make a
No. 107.
Foreiyn Office to Admirnlly.
Sir, Foreii/n Of/irc, Noveinbn- 10, 1801.
I AM directed I>y tlie Marfpiis of Salisliiny to ueknowledife the receipt of your
letter of the lOlh instant, ineiosin;; a general IJeport of the proeecdinfjs of'ller
Majesty's ships in the |{chrinv;'s Sea, whieh lias heen sent home hy the Commander-in-
chief on the Pacific .Station.
I am to slate tiint Lord Salisbury concurs in the pro])osnl of tiie Loids Oonimissionerfl
of the -Admiralty t(/ ,ii)provc the proceedings of Commanders 'I'urner and Harr and
Lieutenant lladley, of Her .Majesty's ships •• Nymphe," '• I'oipoise," and " Pheasant."
1 nm, kc.
(Siffncd) T. II. SANJJKRSON.
No. KiS.
Sir ./. Piiinirrfnlr In (he Miir(jui.\ nf Siilishurij. — {lirreiird Sovember 21.)
(Teletrraiihic.) Wnshintjton, November 21, 1891.
W I I'll ref(>renee to the last, paraijrni)li c)f my ttdcitram of the KJtii instant,
Monday next lias l)een .-ippointed liy .Mr. Ulaine for siirnatiirc. 'I'lie followint; headings
Imve been agreed upon : —
"Tile followinjj; is the text of Articles for insertion in the Bclirint;'s Sea
Arliitratioii Af^reement, as settled in the diplomatic correspondence bcU''ccn (the two
(jovernments respectively)."
J'or lh(! Joint Commission Article the same bending, mutatis mutandis.
Arc tbey approved by your JiOnlship ?
No. 109.
The Marquis of Satisbwy to Sir J. Pnuncefole.
(Tolo!»rapliic.) Foreiijn Offire, November 22, 1891.
YOr arc authorized tosii^n tbo Arbitration Ai,'reein(Mit and the Joint Commission
.■Vrtide with the headinjrs suu'ircsfcd in your telci^raui of ycstenlay ; but yuu should
band in a note contaiiiini; the foUowini; ri'servations at the time of doing so : —
firstly, that it is understood by Article <! that tlic ((ucstiou of the necessity of
any Itegulations for the proper jiroteclion and the jireservation of fur-seals in, or
habitually rcs<irtini,' to, the Hehriiiir's Se;i is left to tbo (l(>cision of the Arbitrators, as
well .MS the iiaturi- of tboso Kcgulations, if the necessity, in their judgment, is proved
to exist.
Seciindly, that the ol)Scrvance of ihe Regulations will not Iicconie obligatory
on tli(! United Slates and Orcat Britain until the other Maritime Powers also shall
have acce|ited thcni.
(ircat Urilaiu and the rnile<l Slates would otherwise simply baud over the
nationals of other countries the right of cxtfirminating the seals.
No. 170.
.Sir ./. I'auiiccfote to the Marquis of Sali.sbury. — {Received November 23.)
(I'^xtract.) Wnshinijton, Novemlier IS, IS'Jl.
I II A\'l') the honour lo transmit lierewitb eojiies i>f a narrative by a corrospdndeiit
(d' the "New York Herald" (published in that journal cm the bth instant) of liis
voyiigc! to Hebring's Sea during the last seal lishery st-ason, uudertakcu for the purpose
of'iiKiniriug into the fads connected with Ibat industry.
A part of Ihe narrative whieb is of specrial interest is that which appears at the
close under the Leading, " How to save the Seal."
IIH
Int-insuro in No. 170.
I-Ulnirls from the " A'rw York Herald" of S'oremhiT H, IS'.ll.
It.i.icir Skamno. — Its Hi.sk and Incukask in tub Last 'I'ks Ykaiim in
HKiiitiNd's Ska. — 'riicrc arc two systi'iiiH i ' sea' liiiiitiii:; : oiif with Iiuli.'iti Ininlt'rs,
will) \ii'\ |>iiiil I'i'Din '1 iliilliirs til i (Idllai's fitr rvcry skin a c'liiiin liriiit;s in, and tin- otiicr
witli \\ liitc liniiltT.s, who arc paiii a little less. The Indians hunt in canoes, two in
<'.'ich, and use the spear almost evelnsively ; the While hunter has ii stecrer and a
boat, iiuller, and uses the t;un, lo.adcd with live drains id" tfunpowih-r and ahout twenty
lilickshof. It is the latter inellmil that is so conipl.'iined of liy those \N)\()wi><hto
prevent the extermination of the seal, ;is they say with truth a very lart,'e pern-ntaifc
arc shot !ind cither killed or mortally wounded, without heini; recovered.
On the 2nd .Inly we left \'ictoria, inteiidinir to ni.ake our lirst rail .at a Heltleincnt
of Indiiuis called Clayo(|U<)t. It seemed strantje that, althou^'h the (Queen's I'riM'lama-
tion t'orhiddiuL; the killin<; of seals hy l<riti>h suhjcL'ts had .already lieen .announced,
no dillieulty w.as niaih' hy the authorities in u'ivint; the captain of thc"(ltto" his
clearance lor the I5ehrini;'s ,Se;i. Neither wus he oHicially iiil'ornied of the i'melamn-
tion, not wilhstandiuL; the tact that Her Majesty's steamships " I'heas.ant '' and
"Nyrnphe" had alrciiiy saili-d I'roni l']s(|uimait to the sea tc) carry out the ordeiN of
the (Queen's (Jovernment. Hel'orc i,'i>in^ into the history of the cruise of the "Otto,"
a short account of the rise and developnient of the seaU|ioaehin<^ industry will he
n("crssary. .\lthouL;h the poachers, to L,'ive them tin; name accorded to them hy the
public ijcncrally, an- styled Canadian, a larp; niimher hail from !San Francisco,
Seattle, I'ortland, and I'orl 'I'ownsend, in tin' I'nitcd States; and many of those
saiiint? from A'ictoria and ^'.•ulcouver, Hritish Colomhia, under the Uritish lia(», are
partly owned hy Amcrii-au citi/.cns.
'I'he lirst stdiootu'r on rrcord to enter the H(>lirini''s .Se;i in pursuit of seals \>as
the .\nieric;in-owned " .Santiatjo," of San J'rancisco, in |si7!'. It was not until tin'
fall of iSS.'i that the " I'avouritc," with the ]iri'sent captain of the "()lto" on ho.ard,
pioneered the way for the ('.anadian seah-rs. In l^'S |. there were only si\ scJiooners
from San I'r.ancisi'o ami \'ietoria comhined that entered the sea. Year hy year tin-
seals have Iieen driven further north, and ca(di successive year has seen an increase
in the luimhcr of ]>i)a(dicrs. Last year (ISJK)) twenty-three schooners sailed from
Victoria, and this year the number reported had increased out of all proportion.
Lvery i)ort on the Pacific coast, from San I'rancisci) to N'ieloria, appeared to have
sent o\it its (|uota, and on the day (lie "Otto" left the latter jilnee it was stated that
fifty-three scdiooners were .already on their way to the famous sealini; i;rounils I'rora
that port. Tin,' " X'ictorian ("ohrnist '' i,'!ive the names .and ownei-s of that namher.
althoui,'h I at'terwar(N iouii'd out there were o\er eiirlity-nine sealers in the S4'a this year.
It is h;.rd le explain this larufc increase, in the face of both thi- Am<-rican and
Uritish (iovernmcnis proelaimin'.; a cloM- season. One reason driven was th.al neither
the Americans nor Hritish ernizers intended to interfere, .and that the I'nKdamation
ami sendini; of nu'n-of-war to the sea were oiily done to satisfy the American public.
Another rea.son is a most nnacconntable one. Somehow the rumour i»ained currency
tliat a bounty or compensation will be ])aid to the owner of every schooner 'hat is
s1oj)ped from sealing;.
• ' • • • • •
The" Indi.ans, \\ illi their spears, did not lose more than 1 per ciMit. of what they hit,
as the f.aet of losinir their i,'.ame meant losinir their harpoon and lino as well. On the
other hand, the hwlians complained that the NX'hitc hunters with their £;nns had
serred the seals from the coast of the islands, and that they lose al the very least
'2<> |>er cent, of what they shoot and kill or wound, to (;ventnally die. "A few years
ai;o," said the J''.ather, " tin- (."huckidset Indians cau(;lit over l.tJOO seals olT tin; coast of
the isluiiil in their canoes, but they cannot do that now. Thi' i^uiis of the White
Imn'cis have scared them .all away.
" The seal," said l-'iilher Urabnnt, " is a most intclli;,'ent animal; they e'ven wake
the sli'e|)ers when they see dani,'er .appro;ichin<;, .and there is iio doubt they have left
our coast owin.c to the !,'uns. Why, the Indi.ans themselves used to have a law
against the u-^c of (;uns. Another thin;; that I cannot see the cipiity of," sai<l the
Pather, "is that the American (Company liavc been .allowed 7, '»()'• skins this year tor
the su]>|)ort of their Indians. If the .\le\its are to he supported, why should
the Vaneo\iver Indians he debarred from th<'ir chief source of livcdihood. Tlie
Aleuts, as a fact, do not require the Company to look after them. If they wore left
no
filonn on their own islnndu, instead of Ijcing moved about bh they arc, tlioy (•ould liunt
lor llicnisclvcs."
Fatlic-i- Hraliant said he li.Hilly knew liow tho futun; fxtorniinatioii of flic HcaU
\v!)s to III' prcvciitrtl, imli'ss the two < lovcrniiii-iils were to t;il<(' soaliii^ tiiidiT tliinr
mipcrvisioM ; fliat is, luovidi'd the Hcliriiii;'s Sim was not ;\ closed urn. 'I'licy dmld
li<M>ii»c scalers, rcstrici tliciii as to tlic numlicr of mvils caiiiflil, and nnkc m close
«eaHon during' the lireediiij,' time, us there was no chjiiht. tiiat lari;e ntwnliers of lemaleR
Ij^nrincr youni? won* killed,
* • • • • • •
"Wodnesday, the JCith Au}?ust, \va«! a (jrKid spr'in;^ day, and I was for some Iiouin
out in the Indian canoe, '('he residt of' the day's work irives a fair examplo
of the friifhlfnl pereentai^e of seals that .are killed and never reeovercd. The
two hoats and the cimoe started out c;irly in the for<'noon and returned ;it six. 'I'he
e;»|itain hail one seal and had lost six others, either killed or wonnihvl. i'hiilip,
who was doini; the slioolini; in tiic othei' hunt, said that they had irof upon to no less
than seven seals and shot them, hut 1 hey had all sunk. The men said the w.itcr was
covered uith Idood, hnt they ecald not -.'ct the nnimals.
The two Indians, who used nothinir hnt the spear, I'ctnrncil with ten. 'J'hey had
missed n''lecn or twenty, hnt, as one of them philnsophii'ally rcmarki'd to the captain,
" It d'X's not ni.atter, they are not hurt like with the irun, or killed, .and they will do
for !inothcr day or year." AVe manau'cd to take siLfhts this d.'iy, ;ind fomid we were
"■') mile>i west hy north of the volcanoes on the peninsula. ( >m I hi' l27th and
2Sth Anijnst very little w;is done, as the Weather Mils too ron^'h for the hoats to iroout.
Three sciils were I'aptnrcd iti (he forenoon of the liTth helorc it came on lo lilow, wlii^n
we were oiiec atf.ain under storm trysail an<l doiihl(> reefed foresail.
I )n the followini; day. thi- L'^^th, the hoats weri' out all day .and returned wiihout
cato'iin!,' anythin;;, the captain thinkiu!,' we were loo f.ar to the northwanl and
eastward. He said he wanted the wind to ifc* to the west. On the next day the hoats
were out the (rreater part of the day, and oin' eatcli for the day was sevente(<n
seals. The captain hroULcht in three, haviu".' lost (our, killed or wounded. The other
ho!it hriMiirht in threi'. having; killed live, and the Indi.-ms ten. makinu' a total
of seventeen.
Dnrini; the skinnioi: of the se.ils on leek, which is always done al iii!.'lit .'il'lcr the
iKMits rctin'ii, the schooner's decks were covered on this occasion, as on many jire\ious
oi\es. not only with hlood, hut with LirLjc (|nan1itics of milk, showim,' that many seals
that had heeu killed were nourishitii,' their vncnir at the time, the r(>snit hciuir that the
pu])s on the island would starve tor waul of nnrsiui,', as no seal will feed any young
ones eseejit her own.
How TO RAVK TIIK SKVt. : A I'L.VN TO I'UKVENf ITS HXTRKMINATtON IN Till- \i:Ul
I'l'TfllK. .\t presentthe (|Mestion of whetlicr Hehritc's Se.a is open w.ilers or not is
In dIiiIii ijun. In the event, however, of its heinu: declared a |iarl of the iiii,'h si'is hy
the arliitratiun yel to he liidd. it would he .ahsolutcls ccccss.-n'y to propose a |i|,in to
pi-evciit tin- future exli-rniinatiou of the sea.l, which Uiere is little doidit would happen
within ;i few years. nnlc>s some very strenuons measures .ai-e t.aken for its protecliou.
The close season ide.a wcmld hardly he praclic.ahle, as it is duriuL; the seas in of
hri'c<linic that the lessi cs of tlii' islands kill llieir seals, who are then foimd on the
rookeries, and it is only durim; this se;ison that the .se.aN to any larirc extent ar(^ found
there. Of course, on the islands they kill nothim; hnt th youu'j' ImlU. To m.ake ii
(dose season for the open sea, and allow the seids (o he kilii d on th -ir hrecdiui;- pl.aees,
would he almost an impo-siliilily.
The followim; plan, which I Milimilled lo many of the larL,'esl fiu'-lradcis in hoth
Victoria and San l''r;incisco, the memhi'rs of the.Maska Commcrci.al ( 'iniliimy— the
late Icssi-es <d' the island — as well as m.any of those who were ahsidutcly em)doyr(l in
the huntin'^i seems to he ihe nn -I l'ea--ihle mclhod of proleeliMu- thc\ery necessary
animals, whitdi, perhaps, thouu;h they .arc a ..ixnry, are still to a ccrl.iin -xtent .a
n<'ec.ssity. The North American ('onwuerei;il Company, who noiv lease ilie seal-
hreedini,' islands known as the I'rihylolV u'l p. I'l'y the I nited States KlO.onu ([MJI.ars
per vear. and '.» dol. ('>2 i: per skin for I'verythint; tlii-y take from the island.
Whi-n there was no limit to the nundier of seals that they were allowed to kill,
hcfoi'i' the |)resent iikkIus rinnili was atrreed upon hetwi'cn the rnited States .and tire.it
lhil;iin, their i)aymenls hroiiLcht into thc> American (Jovcrnment a ri'venuc ol ahout
;}()0,()0') dollars per yetiv. This is ;i very small item in the revenue of such a i;rea(
120
nation, nnd it 1ms been 8Uf,'i»08to(l that the Governmont of the United States shall
refrain from leasiiii,' tlie FrihylDlT Islands to any Company whatever ; that no seals
shall he killed on the rookeries, whieh shall be retained to allow the fur-bearin;; seal a
safe brcediiit; ])laee.
On eoiisidoration of tlie United ^States refrainint; from leasini? the islands, the
rifjht of (loiii^ whieh they would, of eourse, still lei,'.illy nMain, an international aijreis
ment eonld be entered into between the dilTerent nations, iiiakim; it a eriniinal oti'ence
for any ijoaeher to be found sailing' within a |)rescril)ed distance of the island — say,
from (!0 to S() miles around tiiem — whieh would fjfive female seals lr)ts <i!' spaee to feed
in. Those t(» whom I suf;i;ested this solution, even althoui^h interested in sea
scliooners, said they vould lie |ierfeetly willinir to aeeept siieli a law, and that they
could eatch outside of the hO-milc! limit sullieicnt seals to make seal-huntim,' as |,'ood a
pay ins; business as it was herelol'ore. In ad<lition to this, it has been sui;i;ested that
all se:ilin;,'-sehooners shcnild be licensed, and any vessel found hnutini,' the seal in
Uebrinti's ,Sca or outside of it without a lie<'ruM! should be seized, and no shootinj;
.should he allowed. The cost of maintaining erui/.ers to see that this was done would
be very small, .as there would Ik; a very restriet(!d ;irea of the Hehrinij's Mea to jiatrol.
The above, of course, would only be feasible in the event of the sea bcini? declared
open, for if the Arliitnition Connnittee rule that it is a closed sea, and belon;»s to the
United .States, of eourse all |)oachers would be liable to seizure.
No, 171.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received Sovemher 2.'i.)
(Telegraphic.) U'asliimjlnn, Koicmhrr 21, 1891.
i ADDItESSKl) ;i note to .\fr. Hlaine, as instructed by your Lordship's tidei^ram
of the 22nd instant, .and this mornin<j had a loni; interview with him. lie has
postjioned the sij^ninj; until he has refi'rred the matter to the President and Cabinet,
who sit to-day. J?oth reservations an; objected to by him, especially the second, which
he said imposed a new condition nev(;r before suj^tjested during; the negotiations, lie
said he would .advise the I'lvsidont not to accept it.
1 slated that your Lordship only desired to obviate doubts or differences at a later
stage, and was most anxious for the arbitration. I reneated your Lordship's reasons
for the reservation, and pointed out that it was > ..'y in the event of the Arbitrators,
by their decision, proelaiminj; to the world that ,ielagie fishery was free to all Hags
that the (juestion would arise. In that ea.se vw could not stultify ourselves by
submitting to Regulations not obligatory on all.
Mr. IJlaine then asked me what Iler ^Lajesty's ^iovernmcnt would consent to do
after the 1st May, pending the adhesion of the other Cowers. Would a cessation of
scaling be agreed to by them? I infornn-d him, in reply, that I could not say what
their action would be, but that ])robably the Itegulatio.is recommended by the Joint
Commission or the Arbitrators, jiending the result of the invitation to the Powers,
would be voluntarily conformed to. Mr. Ulaiuc then took my note with him to the
Cabinet, and promised to send nic a reply.
No. 172.
Sir ./. Pauncefote to the Marquis of Salisbiinj. — {Received November 28.) ^
(Telegraphic.) WaMiujton, November 27, 1891.
AVITU reference to my telegram of tin; 21th instant, Mr. Blaine's reply has just
been received. Copy transmitted by post. It is to the following elTcet : —
[Sec Inclosurc in Sir J. Pauncefotes despatch of the 27th November :
Inclosuro in No. 17'J, infra.\
191
No. 173.
Thr Mnrquin of Salinhury to Sir .1. Pnuncrfott.
(Tolcjjrnpliic.) Fo"iijn Offirr Novrmbrr 20, 1H91.
I MAVIO rc"civ(vl your (<^l<'t;mm of the 27tli instant. '
Mr. lUniiK^'s stnt(>ni(;nt, in liis note oi" wliii^li you nport flic riM-cipt, that my first
rcsorvation is uunoccs.sary answers tiu* cnil which that rcsorvatioii was intr'tKlcd to
answer, and it may, tiiereforc, he waived. I did not hy my second reservation intend
to propose that the pinictieal execution of liie lle<;ulationH should hi! (h^'ayed, hut
that the two (lovernnients Khouid protect thenisidves IVom heini; placed iit tlie
mercy (.f some third I'ower, wiiicli, if not j)ie(l<;ed to ol)serve tlie Iteitidations,
mit;lit step in and secure tlio tisiicry at tlie times and places wiiere the United States
and Hn>r|and would hind thi-niselvos hy their Aijrecnient to abstain from it \\ is
necessary that some precaution should he taken in this direction, otherwise the
vessels, hoth British and American, at |)rescnt eniratced in .siialinj;, iniifht all, hy simply
procuring a ilussian re>;istcr. recover their entire freedom.
I should, therefore, wish you to ascertain whether the United States' (iov<'rnment
would he pre[)ared to aijree to some provision of the followin;^ nature : —
ff, afier tin; expiration of one year from the date of any decision of tho
Arbitrators as to the mM'essity of concurrent Reijulations, it should appear to either of
t'lie two Powers that su(di Hernial ions are bein<; violated under tin; flai; of a third
I'ower, to tho serious injury of the lishery, the eomplainiii'; I'owcr shall have the risjht
to Rive notice that the Reijulations will he suspended durincf tho ensuing; year, until
arrangements arc made by wdiich the evil <'an be remedied. If, however, there should
1)0 any dirTerencn of opinion between tho United .Slates and (Jreat Hritain as to the
fact that serious injury is boin;; done to the fishery, or as to any other fa(rt invitlved,
such difference may he decidiil by referrin*; the matter to the arbitration of two
Admirals, one of the Britisii and the other of the United States' navy, who may choose
an Umpire in case they are unable to aijrce.
No. 174.
Sir J, Pauncefote to the Marquis of Salisbury. — (Rfcetvetl December 3.)
My Lord, JTashington, November 2;i, 1891.
WITH reference to your Lordship's tclcf^ram of y(>sterday, I have the honour to
inclose herewith copy of a note which I have this day addressed to Mr. Blaine, stating
the two reservations which your Ivordship desires to make in regard to clause (> of the
Bohrlng's Sea Arbitration Agreement.
I have, &c.
(Signed) JULIAN PAUNCEFOTK.
Inclosurc in No. 174.
Sir J. Pauncefote to Mr. Ulaine.
Sir, IVasltimjton. November 23, ISOl.
I INFOllMKD the Marcjuis of Salisbury of our proposal to sign the text of the
seven Articles to be inserted in the Behring's Sea Arbitration Agreement and of the
.Toint Commission Article, as settled in the diplomatic correspondence, in order to
record the progress made up to tho present time in tho negotiation.
Lord Salisbury entirely apjirovcs of that proposal, but he has instructed me, before
signing, to address* a note to you for the purpose of obviating any doubts which might
hereafter arise .is to the meaning and cl'i'ect of Article VI, which is as follows : —
•' If the determination of tho foregoing (piestions as to tho exclusive jurisdiction
of the United States shall h>ave tho subject in such position that the concurrence of
Groat Britain is necessary to ♦ho establishment of Regulations for the proper j)rotecti<m
and the preservation of the fur-seal in, or habitually resorting to, the Behring's Sea, the
Arbitrators shall then determine what concurrent Regulations outside the jurisdictional
limits of tho respective Governments arc necessary, and over what waters such
Regulations sliould extend ; and to aid them in that determination the Report of the
Joint Commission to be appointed bv the respective Governments shall bo laid before
[572] U
122
thorn, with hucU other ovidenco as cither (Jovornmont may Ruhmit. The Contmctin^
Powt-rs fmtlicrmon? nt^roo to co-opcrato in Hucurini; tlio ac^'icsinn of other I'owem to
8uch Ht>i;iil!iti()iis."
Lord Salisl)urv (h-sires to make the followinif two rcRorvatiotiH on tlie almve
Artieh" : - '
His l/onlship iindcrslands, ilrxt, thnt the neeossity of any Itegiiliitions in loft to
tlie Arliitmtors, as well as the nature of those lletftilations, if the necesity U in tiicir
ju(l<;nient proved; seeonilly, thai the Uei^ulations will not heeome ohlii^atory on (Jrcat
Britain and the Ignited States until they have hcen ace<'pted by the otiier .Maritime
Powers, otherwise, as his j/irdship observes, the two (lovernments would he siiuplv
handiii!; over to others tli<> rii^ht of exterrninalini; the seals.
I have no douht that you will 'lave no ditlh-ulty in eoneurrini; in the above
reservations, and, subject thereto, I shall Imi prepan-d to siijn the Articles as pniposed.
I have, &<•.
(Sifrned) JULIAN rAUNCHFOTi:.
No. 17S.
Sir J, Pauncefote to the Marquis of Sali»bur}/. — {Received December 4.)
(Tclesraphie.') yVaghinglon, December n, lHi)l.
I IlECEIVED last nipht a reply to my note of the 1st instant to ^[r. Ulaiiie.
containinij the stjbstanco of your liordship's teleijram of the 21)th ultimo, copy of
which was forwnnled in my despatch of the same date.
It is to the followini; cffct;t:—
The President of the United States is unabh; to sec danf;(;r of a tliinl Power
cngagini? in fishery regaitlless of Ilegulation.s. The dispute; has been in progress
more than five years. During all that time no European nation has engaged
in sealing while Great Britain was maintaining that, Hidiring's Sea was op<!n to
all eoninieree. A German vessel once appeared, but never returned, presumably lindiu'.;
sealing then' unsuccessful ■>« account of yreat distance, ilus.sia will not dissent,
because such dis.sent would put to hazard her own sealii\g property in JJelirini^'s Sea.
On the contrary, she will sustain and strengthen whatever Agreement (ireat Jh-itaiii
and United Stiites may conjointly ordain. President therefore thinks your Ii(M'dships
apprchensione not well irrounded, but he believes that whatever may be tli<! issue
of the arbitration, " it will be wise for the two GovernnKMits to unite in a note to the
principal Powers of Europe; advising tln'm in full of what has been done, and
confidently asking their approval, lie does not believe,with full explanation, any
attempt will be made to dicturb the Agreement. If, contrary to his firm belief,
the Agreement shall he disturbed by the interfcrcnci; of a third I'ower, Great liritain
and United States can .net conjointly, and they can then far better agree on what
measure may be necessary to prevent the destruction of the seals than they can at this
time;."
President hopes that the arbitration "will be allowed to proceed on the Agree-
ment regularly and promptly. It is of great consequence to both nations tliai
the dispute be ended, and that no delay bo caused by introducing new elements
into the Agreement to which both nations have given their cemsent."
No. 176.
The liehring's Sea Commissioners to the Marquis of Salisbury. — {Received December U.)
-My liord, Government House, Ottawa, November 2.'), lKi)1.
W'Vj have the honour to acknowledge the receipt of your Lordship's des])al(li
of till- .">Oth ultimo, inclosing a copy of a despatch from ll(;r .Majesty's .Ministei'
at AVashin>;ton, transmitting correspondence with the United States' (iovernmcnt
regarding the; number of seals killed on the PribylotT Islands during the season
of W.)l in excess of 7,500, and inviting from us any further observations we may
desire to olTer em the subject.
2. AVe notice that in the said despatch, Sir .Tulian Pauncefote has given a complete
HDBwer to many of the points in Air. Wharton's letter of the 10th October. We
128
would venture, howoTcr, to add some nbsonrations, tho outcome of our nj)Pcinl inquiry,
in cnsn tlir ({uestion is ]iuniucd further.
'.]. AVn would jmint o\it tlint tlic frequont rofunii'ces in Mr. Wlinrton's lottor to
'• killini,' for food" nri' nltoifctlior l)Osi(ic the (luostion. Ail skins of sncli scnls, if of
Iii'o|M!r size »n<l <'ondition, arc ncc('|>t('(l liy the icsscrs, ni.d nn\ iiIwiivh iiifliidcd in tlicir
nniiiial (|unto, wliilo ninoh of tlic llosli is lakrii for the suslcnnni'i' of (lie imfivi's. Mut
tlir 7,r)<M) limit wnN fixed nsnsnUicicnt niinilicrof skins to cover tin- costof the <'are and
Hustonance of tlio nativus, as indeed was aek 'owledijod by the Treasury A','ent, who, n»
re|i(irtiMl by if i. Wharton, called ujMin the lessees to lirin<; in a snllieient supply of
beef Id carry the nritives throui;b the winter, allhou<;-h it n»i>i;hl have been added that
Ibis bei^f would be purcliOHCMl by tho (Joverninent, anil by thein distributed to the
natives.
■t. We obscrvo that Mr. Wharton points out that ibe Treasury Ai;nnt had reported
that up to the 2iid .July, itjOfi seals had been killed. He do«>s not expl.'iin that iiy the
20th •lune, killing Imcl bccu 8to|>pt'd on the cxpn^ssed pica that the 7,riU(l limit had
be(!n rea<'hed.
5. Mr. Wharton point.s out thai !Major Williams consulted several American
!;onllemen, ineludini; the two ITnited Slates' Commissinner) and the Senior Naval
Oflieer, as to the correctness of his decision as to when the 7,">(>0 limit was to Iw
applied. Wo were informed that none? of these f^ciillcMnen had seen the jirovious
correspondence on the subject, so that their advice was merely on the facts as presented
to them oti the snot.
0. We conld do no more than explain to tho Agent that tho Proclamation, correct
as it mi^ht be in it-self, did not contain the whole case. Neither Major Williams nor
any of the Amerit-an gentlenn-n he consulted had any information or instructions
euiiblieu; th('m to inulerstand the conditions to which thi^ I'liited States had previously
iiijreed, and which were eventually embiKlied in the moflii.i vivrnili of the .Ith .lune.
7. J5oth I'rofesso;' .Mendenhall and Dr. ilerriam at the first expressed to us their
decided ai^reement with us in {\w opinion that the "iJiW limit must not lu^ exceeded.
It was only at a second rhanee interview that they explained that after lookintj into
the (juestion, they saw that the ])eriod coidd only beirin on the loth Jiuie.
H. Yroin this view we entirely diK.s(!ntcd, as recorded in our letter to Major
Willi:uns of the UOth .luly, a copy of which was inclosed in our despatch of the
.'ith Au{»ust last.
i). in re<;nrd to the |>hmse "the catch this season" in our letter to Major
Williams above nn-ntioned, this was intended to include the same ])erioil as that
covered in .Mr. Blaine's letter of the 1th May, IH'.il, to Sir .Tiilian I'auncefote, in which
Mr. Ulaine says: " If the Company shall .... be deprived of all privileiri* of taking
seals, they certainly co\ild not be compelled to minister to the wants of these 300
inhabitants for an entire year In this exiijency the I'resident ])ro|)oses to
concede to the* North American Comjjany the ri<;ht to take a sullicient number of
seals, and no more than sutlieient, to rec()m]M'nse them for their outlay in taking' care of
th(^ natives The Secretary of tin' Treasury after full consideration has limited
the number to 7,r>fM), to repay them fin- the outlay demanded for the support of the
;{()() people on the IVibylolf Islands."
10. AVe do not luiderstand that the liiiled States' (iovernment in any way indorse
the action of the Treasin-y AjjenI, who, as we have already pointed out. acted in perfect
s;o<)d faith, but was withotit the necessary instructions.
11. AVe |)resume that all the skins taken this year in excess of 7,oOO will be held
over for next year's (piota, inasmuch as if sold for the ac(!ount of the Com])any this
year they would provide funds very much "more than sullicient to recompense them
for their outlay in takins^ care of the natives" for this cutiro year, which would be
in direct, contravention of the expressed inb-'utions and wishes of the I'resident of the
United States.
Wc hftvc &e
(Signed) ' GKORGE BADKN-POWELL.
GEORGE M. DAWSON.
[672]
R 2
No. 177.
The yfarquis of Sniiithury In Sir J, Paunccfote.
Sir, Forrign Office, Detemher 5, 1891.
I TT.WE rccoivwl your (Icspnfcli of tlio 2.1i(! ultimo, incloHiiif? ••npy of a
noin wliicli, in coniiiliaiicc witli iiistru('ti«)ns contained in my tolcijrani of the
22nfl ultimo, yon liavo addressed to Mr. Ulaiiu', scttini; forth t!:*) two n'servations mado
by Iicr Majesty's (iovcrnmcnt with n-j^anl to clauso of tlie Behrin^'M Sou Arbitration
At?r«'i'm(Mit.
I li.ivc to state, in reply, that tho note addressed by you to Mr. Blaine is approTcd
by Her Majesty's Oovernincnt.
I am, &e.
(Signed) 8ALT8BUUY.
No. 178.
•Sir J. Pauncefole to the Marquis of Salisburij. — {Ueceired December 7.)
My l/ird, Wnshington, November 21, 'U.
Wiril lefercnec to my telei^ram of the 2M\ instant, I have the honour
now to report in s^reatcr detail what took plaee at tlin interview whieh I had with
Mr. Blai'ie on that day respeelin;? tiie two reservations wlv'h your Lordship instrueted
me to niiike before hii^nini? the clunses for insertion in the Bohrini»'s Sea Ai^recment.
Mr. Hlaine.whohad before hin\ thenote wiiich I bad addressed tobinion tho subject,
and of which 1 transmitted a eopy to your Lordship in my despatch of the 23rd instant,
took exception to otii reservations, which ho said In- could not advise the President
to accept. I sai. that theso reservations imposed no new conditions whatever, and
wore intended simply to obviate any doubt as to the meaning and elToct of the
6tb clause, and thus to prevent any disai;recment at a later stai^c.
^Ir. Blaine asked what was tho object of the first reservation. I replied that the
6th clau.se appeared to me to im|)ly that Regulations for tho control of pelagic sealing
were necessary — a proposition which was opposed to tho contention of Canada — and I
prcsunu'd that it was on that groimd that your I>irdsbip desired to make it clear that
it would be open to the Arbitrators to hold that no such lles^ulations at all wore
necessary.
ifr. Blaine observed that be did not think tho lanptinge of the clause precluded
such a tindini;. JIc; proceeded to express the stroni»est objection to the setiond
reservation, which he said was calculated to wri'ck the whole arrangement. How
many maritime I'owers, be asked, Mcrc to be in\itod to adhere to the Retfulations ?
What jirospect was there of obtaining their adhesion, secin<^ that they had declined
the invitation of -Mr. Hayanl to Join in an international arrani^ement for the protection
of the fur-seal fisheries? It had never been sui^jjcsted befoi-e in the course of the
negotiations that the I{(!!^ulations to be framed should not he obliijatory on the two
Governments until they had received the .adhesion of tho other I'owers. What
were Her -Majesty's (lovernment prepared to do pending such a<lhesion ? AVould
they consent to a cessation of pelairic sealin";? To these questions [ replied that if,
after a careful investigation and study by the .Toint Commission, it should bo estab-
lished liy the ('onunission, or, in cas(! of disasxreeraent, by the arbitration, that certain
llci^nlations are necessary for tin- preservation of the seal sjwcios, it would be
unrea.sonahle to do\il>t that the (Jreat I'owers would acquiesce at once in those
Regulations, or that the minor I'owers would hesitate to follow their e.xaniple.
I jiointcd out that no International Begnlations would be made unl(»«s the awanl
of the ArljitratoiN should have previously proclaimed to the world that the fur-seal
fishery in Rehriiig's Sea is free to all flags. In that case, if the other I'owers were, as
Mr. Blaine apiirehendod, to nsfuse tlieir adhesion lo the llegulations, the result would
be, in the words of your Lordship, that the two fiovernmcnts most interested had
simi)ly handed over to others the right of exterminating the seals, iler Majesty'.s
Government could hardly b(! expected to place theniselves in such a position. Thev
could not stultify themselves by submitting permanently or for any length of time to
Regulations whieh were not equally obligatory on other Governments, What they
would do, pending the adhesion of the I'owers, I was not prepared to say, but I
thought it probable that they would voluntarily obscnre tho Regulations pending tho
Its
rrmilt of flic inTttntion of (Jroat Hritnin nnd tJio United Stnton to tho Powers, or no lonjf
an rir(Mitn«tnnc(!ii, in tlicir jiidsfmcnt, m\fi\)i render it prncticalile.
Mr. HIaine Raid lu; would send a reply to my nolc after inyint? the matter before
the I'rrsident and the Caliitiet wliidi was then Kittinjj, and, in the meanwhile, the
sig!intiire of tho elauscs was pontpom-d.
I have, Ac.
(Signed) .Il'LIAN PAUNCKFOTE.
No. 179.
Sir J, I'auncefole to the Marqui.^. / Salisbury.* — (Received December 7.)
My f.ord, IVashington, Sorember 27, IHOl.
IN my despatch of the 2^iM instant I tnuisinitted i\ eopy of llii' note
which I addressed to Mr. Ulai' irifor.i., :tf liim '.i the reservation ivhich your
liordsliip had instruetiHl me to ni..i.i' respeetinjj r' uise (5 of the proposed Hidi"iti'.;'s Sea
.\rl)itnition Agreement, before 8i!.;nin!; th«^ fext of tlio seven clauses iw sctth^d in the
dipldiiiittie eoricst'ondence.
I now have tho honour to Inclos^ a copy of Mr. Illaino's reply to that note, wliich
I received to-day.
He appears to nttaeh some Wfii;ht to "• • f.ict of my havini? left with him, at his
re(|uest, u jiiipcr coiituiniii^ the tevl of tln' .seven <'liiuse» a.s they appear in my eojiy of
the diploMuitic eorrespmdence, and which I had caused tu bo T>n'»>iired for the ])urpose
of comparison and verification. He li;id himself handed me a lew days before, and for
the same purpose, a similar paper eimtainin^' the text of the clauses taken from his
copy tif the diplomatic correspondence.
I am at a loss to underst.-ind ho\\ that exehanfje of courtesies, which is a
common practice under similar circumstances, can possil)ly alTcct the questions under
considerat ion.
I have, &c.
(Signed) JULIAN I'AUNCErOTE.
Inclosnrc in No. 179.
Mr. niaine lo Kir J. Ptinneefolf.
Sir, Depnrlmotil of Sidle, Wn.ihinijton, November 27. 1^01.
IN the early part of last week you furnished the exact ])oints whiidi had beeu
affi'ecd u])on for arbitration in the matt<'r of the Hehriuir's Sea nei^otiatioii. i'ou
called later, and corrected the lanifiiai;e which introduced the a'^reemcnt. In fact, the
two c.pies framed W(;re taken entirely from your Miiuites. If was done with a view
that you aiul [ should sij^n them, and thus authenticate the points for the Arbitrators
to consider.
Vou inform me now that l>ord Salisbury asks to make two reservations in the
(Jtb Article. Jlis (ii-st reservation is that " the necessity of any itegulation is left to
th(^ Arbitrators as \vc ■ as the nature of those Regulations, if the necessity is in their
judi^mi'ut i)roved."
What reason has Lord Salisbury for alterinij; tho text of the Article to which he
had aifrced ? It is to be prestimetl .isat if Kei^idatiiins aro needed they will be made.
If they are not needed, the .Arbitrators will not make them. The agreement leaves the
Arbiliators free upon that point. The first reservation, tberelbn-, has no special
meanini;.
The second reservation which l/ird Salisbury makes is that "the lleijulations
shall not become oblif^atory on Ore.it ltritaii\ and the United States until they have been
■iceepted by the other Maritime l'ow(>rs." l)o(>s Lord Salisbury mean that the United
States and Great Britain shall refniin from takini.; seals until every Maritime Power joins.
in the {{emulations? Or does he mean that sealinij shall be resumed on the 1st May
next, and that we shall proceed, as before the arbitration, until the Utgulations have
been accepted by the other " Maritime Powers "?
* Subttiore telrgropbcd.
126
" Maritime Powers " may mean one thing or another. Lord Salisbury did not
say the j)rincipal maritime Powers. France, Spain, Portus^al, Italy, Austria, Turkey,
Russia, Germany, Sweden, Holland, Belgium are all Maritime Powers in the sense
that tlioy maintain a navy, great or small. In like manner, Brazil, the Argentine
Confederation, Chile, Peru, Mexico, and Japan are Maritime Powers. It would
require a long time, tliree years at least, to get the assent of all these Powers.
Mr. Bayard, on the lOtli August, 1887, addressed Great Bkitain, Germany, l-'rance,
Russia, Sweden and Norway, and Japan, with a view to seeiu'ing sonn' Regulations in
regard to the seals in Behring's Sea. France, Japan, and Russia replied with languid
inditt'erenco. Great Britain never replied in writiug. Germany did not reply at all.
Sweden and Norway said that the matter was of no interest to them. Thus it will he
again. Such a proposition will postpone the matter indefinitely.
The President regards Lord Salishm-y's second reservation, therefoi-e, as a material
change in the terms of the arhitration agreed upon hy this Government, and he
instructs me to say that he does not feel willing to take it into consideration, lie
adheres to every point of agreement which has l)cen made hetween the two Powers,
according to the text which you furnished. He will regret if Lord Salishury shall
insist on a suhstantially new agreement, lie sees no ohjection to suhmitting the
agreement to the principal Maritime Powers for their assent, hut he cannot agree that
Great Britain and the United States shall make their adjustment dependent on the
action of third parties who have no direct interest in tlie seal lisheries, or that the
settlement shall be j)ostj)oned until those third parties see fit to act.
I have, &c.
(Signed) JAMES G. BLAINE.
No. 180.
The Marquit of Salisbury to Sir J. Pnuncefote.
(Telegraphic.) Foreign Office, December 7, 1891.
i HAVE received your tclegrani of the 4th instant.
The President of the United States does not, I think, rightly understand the
exact nature of the danger against which I tliink it necessary to make provision.
Her ^fajesty's Go»'ernment do not fear that Regulations whicli liave been made
by the Arbitrators will he rejected hy any of tiie Maritime Powcra ; hut they think
there is much ground for apprehension that those Powers may refuse to acee])t
IVeaties framed for the purpose of enabling our cruizers to arrest ships which are
violating the Regulations while sailing under their flag. It must l)c expected that,
under these circumstances, scaling will be pursued under their Hags during the close
times.
• In signing the proposed Agreement, it certainly is not the intention of the two
Powers to arrive at such a result. But should you tind, after making a representation
in the abovti sense, that the I'rcsident continues to hold the opinion that the danger 1
have indicated is too remote to justify our incurring delay hy guarding against it now,
Her Majesty's Government are willing to yield to liis appeal, and will not at this
stage press for further discussion of tin- point. In that case, you are authorized to
sign t!>e Agreement as already settled.
Her Majesty's Government will, of course, retain their right of raising the ])oint
before tlie Arbitrators when the time arrives for deiermining the question of the
Regulations ; and it is understood tliat full discretion will bo vested in the Arbitrators
to attach to any Regulations they may decide upon such conditions as, in view of this
difliculty, they may judge to be necessary and just to the interests of this country and
of the linitcd'States.
No. 181.
StV J. Pauncefote to the Marquis of Salisbury. — {Received December 9.)
My Lord, fVashington, December 1, 1801.
I HAVE the honour to inclose copy of a rote which, on receipt of your
liordship's telegram of the 29th ultimo, I addressed to the Secretary of State m reply
■•■xpiBapao
"mmmfm
127
to his note of the 27th ultimo, objectinp^ to reservations which Her Majesty's Govern-
ment desire to make with respect to the 6th clause of the propose<l Behring's Ses
Arbitration Agreement.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 181.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, December 1, 1891.
I COMilUNICATED by telegram to the Marquis of Sallsl)ury the sul)stancc of
your note of the 27th ultimo resi)ecting the two reservations wl'.lch Her Majesty's
Govcrnuient desire to make in relation to the 0th clause of the proposed Behring's Sea
Arbitration Agreement, as stated in my note of tlie 2.3r;l ultimo, and I liavo now the
honour to inform you that I have received a reply from his Lordship to the following
effect.
As regards the first reservation, Lonl Salisbury observes that the statement
contained in your noti", that the clause leaves the Arbitrators free to decide whether
Regulations arc needed or not, assures the same end as the proposed reservation,
which tiu^refore becomes xmneressary, and may bi' put aside.
With respect to tlie second reservation, his Lordsiiip states that it was not the
intention of ller Majesty's Government to defer ))utting into execution any Regula-
tions which the Arbitrators may prescribe. Its object is to prevent the fur-seal
lisliery in Behring's Sea from being placed at the mercy of some thin! Power. There
is nothing to prevent such thiixl Power (Russia, for inst^ince, as the most neighbouring
nation), if unpledged, from stopping in and securing the lisbcry at the very seasons
and in the very ))laces which may be closed to the s-ealers of (ireat Britain and the
United States by the Regulations. Great circumspection is called for in this dinnttion,
as British and American scalers might recov(>r their freedom, and evade all Regula-
tions by sim])ly hoisting the ting of a non-adhering Pow(U'.
How is this difhculty to be met ? Lord Salislmry suggests that, if after the lapse
of one year from the date of the decree of IJegulations it shall appear to either
Government that serious injury is occasioned to tlu^ tisiiery from the causes above
mentioned, tin? (iovernment ecmiplaining may give notice of the suspension of the
Reguliitions during the ensuing year, and in such case the Regulations shall be
suspended until arnmgemenis are made to remedy the complaint.
liOrd Salisbury further ])roj)oses that, in ease of any dispute arising between the
two Governments as to the gravity of the injury caused to the tislurry, or as to any
other fiU't, the (|uestion in controvei-sy shall he referred for decision to a British and an
Americun Admiral, who, if they should be unable to agree, may select, an Umpire.
liOrd Salisbury desires nu> to ascertain whether some provision of the above
nature would not meet the views of your Goverrmient.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 182.
•Sir J. Pauncefote to the Marquis of Salisbury. — (Received December 1 1 .)
(Telegraphic.) Washington, Di'crmber 10, 1891.
liMMliDIATELY on receipt of your Lordship's telegram of the Ttli instant relative
to. Behring's Sea I addressed a note to Mr. Blaine, as instructed, in the sense of the lirst
pari of the telegram above mentioned, concluding with the words " at such a
result."
1 referred to a previous conversation which 1 hnd held with him on the same subject,
and added that 1 did not understand him to deny my contention that if tiie arrangement
arrived at between the two Governnicnts were, «s your Lordship apijrehendcd, violated hy
ships under foreign flags, to the serious injury of the seal-fishery, the Agreement must in
that case collapse, as tiic two (iovernmeiits could not he exp'fted to cntbree tlie IvCLjula-
tions on their nationals while such violiitions were Inking place. For these rcii-iuiis I
expressed the hope that, on further consideration, the President would rcconuize the
128
suggested
by your
importance of arriving at some understanding of the nature
Lordship.
I have to-day received a reply from Mr. Blaiiic to tlie following cflect (see inclosure
in Sir J. Paunccfote's despatch of the lOth December).
Shall I now reply to .Mr. Blaine in the sense of the second part of your Lordship's
telegram above mentioned, and ofTor to sign the Agreement, subject to the reservation
and understanding set forth in the last paragraph ?
1 await your Lordship's instructions.
No. 183.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegrnphic.) Foreign Office, December 11, 1801.
IN reply to the iiiquiry in the last paragraph of your telegram of the 10th instant,
I have to inform you that you arc niithorized to sign the Articles providing for the
Behring's Sea Arbitration and Joint Commission, as already settled, subject to the
understanding explained in my telegram of the 7th instant.
No. 184.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received December 15.)
(Telegraphic.) Washinyton, December li, 1891.
I ADDRESSED a note to Mr. Blaine on receipt of your Lordship's telegram
of the 11th instant, as proposed in the last paragraph of my telegram of the 10th instaut.
Following reply has just been received : —
[See Inclosure 1 in Sir J. Paunccfote's despatch of December 15 : Inclosure 1 in
No. 192, infra.]
I will of course let Mr. Blaine know that, pt.nding further instructions, I cannot
sign.
No. 185.
The Marquis of Salisbury to Sir J. Pauncefote,
(Telegraphic.) Foreign Office, December 16, 1891.
1 HAVE received your telegram of yesterday.
Owing to the difficulties of carrying on negotiations by telegraphic commuuication,
I am afraid that the President of the United States has imperfectly understood my
meaning.
At his request I have consented to defer any fnrther discussion for the present as to
the course to be pursued in the event of the Regulations determined on by the Arbitrators
for the preservation of the senl species being evaded by means of a change of flag.
It was neces.sary in so doing that I siiould guard myself against the supposition of
having narrowed by that consent the rights which accrue to the litigants or the
Arbitrators under the Arbitration Agreement. But I did not, as the President appears
to think, make a reservation in my last conmiunication, or use that word. That a
reservation may be operative in respect to an Agreement, it must have the assent of both
parties to that Agreement, and I have not asked for any such assent in the present
instance of the United States' Government.
I am in entire accord witli tiic President in objecting to the submission of any
points to the Arbitrators which the Agreement does not embrace.
Whenever Mr. Blaine is willing to do so you are authorized to sign the Agreement.
12'J
No. 18G.
Sir J. Pauncefole to the Marijuis of Salinhurij. — {Received December 17.)
(Telcffrapliic.') Mnsliini/lnn, December 17, 1891.
YOUR Lordship's tclcp^rani of yesterday received last nigiit.
I am addressing a note to .Mr. IMaine in tiiat sense, and expressing my willingness
to wign.
1891.
instant,
for the
to the
No. 187.
Sir J. Paunccfote to the ^fal■(|ui.1 of Sulixhurij. — (Received December 18.)
(Telegraphic.) Washington, Decembe' 18, 1891.
I HAVI'] the hononr to report, with reference to my telegram of yesterday, that
Mr. Blaine and I signed this morning the text of the seven Articles to he inserted in the
Behring's Sea Arbitration Convention, and also the te.\t of the Joint Couiraission
Article.
No. 1S8.
Sir J. Pauncefole to the Maniuis of Salisbury. — {Received December 19.)
My Lord, Washington, December 10, 1891.
ON receipt of your Lordship's telegram of the 4th instant I sought an inter-
view with .Mr. IJlaine. Owing to the pressure of husinci^s connected with the
opening of Congress, I was unable to see him until the morning of the Btli, when I had
a long discussion with him at the State Department on the subject of his note of the
2nd instant respecting the Gtli Article of the proposed Hehring's Sea Arbitration
Agreement. I ])ointcd out to iiim that the danger which your Lordship apprehended
was not so much from the non-acceptance by other Governments of the Fishery
Regulations as from the practical diliiculty of enforcing them without the power being
given to liritish and American ci uizcrs of arresting vessels under foreign lings found to be
violating the Regulations. That was a jjower which foreign Governments would be
unlikely to grant in view of the Jealousy which exists respecting the right of search on
the high seas. If your Lordship's appreliensions should be realized to such an extent as
to cause serious injury to tiie fishery, the Agreement must necessarily collapse, as it
could not !)C expected that either Government should continue to enforce on its nationals
Regulations which were i)einur violated witli impunity under foreign Hags,
Mr. lilaine readily admitted that in sucii case there would be an end of the
AgreenuMit, and said that every one would then be free to go in and make havoc of the
t:al fisliery; but lie jjcrsisted in treating it as a most remote contingency, lie
deprecated making arrangements to meet the evil bef<ire it arose, and thought the mere
suggestion of such interference by otlier I'owers would lie mischievous. The point had
not been raised liefore, and he could not understand why it should be introduced at tlii.s
lute hour when we were on the point of signing the Agreement.
\ replied that tlie ditliculty of protecting the M'al tishery otherwise than on the l)asis
of an international iiirre&ment among all tiie Powers had been repeatedly pointed out in
the press of both couniries, niul by every writer on the subject, it was, •ndceii, admitted
by the Inst parngra|)li of the Gtii Article itself, whereby tiie two (iovernments agreed to
invite the adhesion of the other Powers to the Hegulalions. ICven ii' the contingency in
view were so remote, ns Mr. JJIaine contended, I could not see what liarm it c(udd do to
have «uch understanding as thnt suggested by your f.oidsbip, and propo-ed in my note
of the 1st instant, wliich would jiroviile for the case o( any ditrereiice of opinion arising
as to the gravity of the injury caused to the lishery by the violation of the Regulations
under foreign tings.
Mr. Ulnine .said that lie could not einisent to add a new term to the (ith Arlick' as
already agreed to after so much correspondence imd discus-ion.
1 replied thnt there eoul.l be no agree.i ent if the two Governments were not ii I idem
as to its meaning. Tiie arrnngemeni jiroposed by your Lordship was in no way inconsistent
with the (ith Article. It was merely intended to make it clearer, and to regulate
[672] 3 ^
130
the iiction of the two Governments in certain events which might cause difficulties
heronftcr.
Mr. niainc, however, insisted that it would he time enough to deal with those
difTicultios if and when they should arise.
T then hrouijht the interview to a clo.sc, and on the same day I addressed a note to
Mr. Klaino, of which a copy is transmitted herewith.
I ri'ccivcd tiiis.day a rcpiy thereto, of whicli I have the honour to inclose a copy.
'i'his corresiioiulcnci' does not carry tlie matter any fiirtlier, hut ii ])laces on record
the fiii'l that wiiilc the Uiiitel States' (Jovi'mment admit tliat ilic projjosed Uejiulations
may hv rendered nuijatory hy their violation under the flag.s of other Powers, they
decline tlie reasonahle proposal of ITer Majesty's Government to settle heforeliand the
conditions under which the Regulations shall he deemed to have lapsed or to he
suspended.
The conclusion would seem to he that each Government will he free to form its
own judgment of the situation, and to take such action as it shall think fit under the
circumstances. .
I have, &c.
(Signed) JULIAN PAUNCRFOTE.
Inclosurc 1 in No. 188.
Mr. Blaine to Sir J. PnuncefoU.
Sir, Drpartmrnt of State, Wiishington, December 2. \f^'.)l.
I HAVFi attentively read your note of the Isl instant, and sul)mitted it to the
President. The President is unahle to see the danger whicii liord !»alisl)ury apprehends,
of a third nation eniiiiging in taking seals rejrardless of the .Vgreemcnt hetween (Sreat
Ikitain and tiie United States, '{"lie (lis|)nte hetween the two nations .has now heen in
progre-s lor more tiian tive years. During all that lime, while Great Britain was main-
taining that the Heliring's tiea was open to all coTiiers, at any time, as of right, not
anotlier Hurojiean nation has engaged in sealing.
A tierman vessel once made its api)earance in Behring's Sea, but did not return,
being satislied, I suppose, that at the great distance they have to sail, the (Jermnns eou d
not successfully engage in sealing. Russia, wiiose interference iiord Salisbury seems to
sjiecially ap|)reliend, »ill not dissent from tlie Airreeuient, because sucii dissent would put
to hazard lier own sealing jiroperly in the Heliring's Si'a. On the contrary, we may
conliilently look to Hussia to sustain and strengthen whatever agreement Great Britain
and the I'nited States may conjointly ordain.
it is the judgment of tlie President, therefore, that the ap])rehension of T ord
Salisbury is not well grounded. He believes (hat, however the arbitrntion betweei. v...at
Britain and the I'nited States may terminate, it will be wise t'or the two nations to unite
in a note to the ])riiu'i])al Powers of I'jurope, advising them in full oi' what has been done
and conlidenllv askiiii;- their ai)i)roval. He does not believe that, with full explanation,
any attempt "ill be made to disturb the Ai;reenient. if. contrary to his firm belief, the
Agreement shall be disturbed by the interference of a third Power, (jreat Britain and the
United States can act conjointly, and they can then far better iigree upon what measure
may be necessary to prevent the destruction of the seals llian they can at this time.
The President hopes that the arbitration between Great Hriliiin and the United
States will be allowed to jirocced on the Agreement regularly and ])romptly. It is of
great conse(pience to both nations that the disjiufe be ended, and that no delay be caused
by introducing new elements into the Agreement to which both nations have given their
consent.
I have, &c.
(Signed) JAMES G. BLAINE.
Inclosurc 2 in No. 188.
Sir J. Pauncefole to Mr. Blaine.
Sir, Washington, December 8, 1891.
'ITIE .\far(jiiis of Salisbury, to whom I telegraphed the coutciils of your note of the
2nd instant on the subject of the Gth Article of the proiiosed Behring's Sea Arbitration
131
Agreement, is under the impression that the President has not riglitly understood liis
Lordsiiip's apprehension with reference to the llegulations to he made hy the Arliilratora
under that Arlicle, His fear is, not tliat the otlier IVuveis will roji'ct tlio lie'^ulalions,
but tiiat they will refuse to allow the arrest hy British and AincriiMn cruizers of ships
under Ihcir llaj^ which may I'nfrnjre in tiie i'ur-»cal tisiicry in violatiim of tiio JJei^iilalions,
Such refusal is hifriily prohahle in \icw of tiie jonlousy which exists iis to tlu' risrlit of
search on the hitjli seas ; and the C()tisc(|ucnce niiiRt inevitably ho tiiat, duriii;^ the close
season, scaiinj; will jjo on under other flairs.
It cannot he the intention of the two (iovernnient-, in siirnin^ the jiroposed
Agreement, to arrive at such a result. I do not ui> )erstand you to dispute (hat, slumld
such a state of thinjis arise, the Agreement must coll. ipse, as the two (Joveinnu'iits could
not he cxi)eeted to enforce on their respective nationals lic^uhilions which are violated
under i'orciiin flags to the serious injury of the lishery. 1 hope, therefore, that, on
further consideration, the President will recognize the importance of arriving at some
understanding of the kind suggested in my note of the 1st instant.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 3 in No. 188.
Mr, Blaine to Sir J. Pauncefote,
Sir, Department nf State, Washinglnn, Decciiihcr 10, 1891
IN reply to your note of the Bth instant, I have the following ohservatiims to
make:--
1. Ever since the Behring's Sea queslion has hecii in disi.uie (now nearly six
years), not one shij) from France or Germany has ever engaged in sealinji. This alibrds
a strong presumption that none will engage in it in the I'titure.
2. A still stronger grottnd against their taking part is that they cannot afford
it. From France or Oennany to Behring's Sea hy tlie sailiiur Hues is nearly 20,0(iO
miles, anil they would have to make the voyage with n larger ship tlian can he ])r()lital)ly
employed in .sealing. They wotdd have to start from home the winter jirccediiiL'' tiic
scaling season and risk an uniisiialiy hazardous voyage. When they reach the tisliinfr
grounds they have no territory to whidi they could resort for any piir|iose.
.'). If we wait until we get iMance to agree that her ships shall lie searciied by
American or British cruizers we will wait until tiie last seal is taken in Beliiiiig's Sea.
'i'hus much for France and (u'rinany. Other JMiropiim cmmtvies li::vi' thr siinie
disabilities, liussia, citi'<l hy Lord Snlishitry as likely to eiiiliarriiss the I'liiteil Stales
and England by interference. 1 shoidd rt ::ard as an ally, and not an (Mieiiiy. Nor is it
probable that any American country will loan its ih\[x to vcs>els rngiiged in violating the
Ueliring's Sea ItennlaMons.
To stop the aibilration a whole month on a (|Ui'stion of this cliaiactcr promises ill
for its success. Some other less important tpiestion even tlian this, if it can Ik- I'ouinl,
may ])robably he started. The ellect can only be to exhaust the time allotted for
arbitration. We must act mutually on what is ]trobable, not on what is remotely
possible.
The President suggests again that the proper mode of pr<ice<'(liiig 1- Inr licgnlations
to he agreed upon between tin- rnitcd Stales and t'lreat Britain, and thrti >ul)niitled to
the priiM'ipnl Maritime Powers. Thiil is an intelligent ami intelliuible jirocess. To slop
now to consider the iicu'dations for ontsidc nations is to imIetinlU'ly [losipoiu' llic whole
question. The i'nsidcnl, therefore, ailheres to his gnaiml tirsi announced, thai wc
must have the arbitration as already agreed. He suggests to Lord Salisbury that any
other process might nuike the arbitration impracticable within the time specified.
1 have, SiC.
(Signed) JAMES (!. BLAINE.
No. ISO.
Sir J, Pauncefote to the Marquis of Salishurii. — {nrceivnl Drvemher i!h)
(Extract.) Washinqlnn, Deamhir \0. \fi'^\.
1 HAVE the honour to inform your Lordshij) that, in alluding to the llebrin^i's
Sea question, the Piesident's Mes,sage states that he i.< glad to be able to annonuce that
[5721 H 2
188
terms of arbitration satisfactory to tlic United States' Government have been arrived at,
and tiint an asjroeniont as to tlio Arbitrators is all that is necessary to tlie coni))letion of
tlic Convention. Jle also adds tliat, "in view of ilu; advaneed position which tliis
(Joveniinent lias lakrii upon the subject of international arbitration, this renewed
c.\|ires>ii)n of our adherence to Ibis method for the settlement of disputes >ueh s
have arisen in the IJebring's Sea iviil, I douiit. not, meet with tlie concurrence of
Congress."
No, 190.
Sir J. Pauncefote to the Marquis of Saimbury. — {lieceived December 19.)
My Lord, Wnshimjton, December 11, 1801.
WITH reference to your Lordship's telegram of to-day. I have the honour
to inclose copy of a note which 1 have addressed to Mr. lliaine in the sense of the
second ])art of your Lordship's telegram of the 7tli instant, offering to sign the Rehring's
Sea .Arbitration Agreement and iloint Commis.sion Article on the understanding
mentioned in that telegram.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 190.
Sir J. Pauncefole to Mr. Blaine,
Sir, Washington, December 11, 1891.
I HAVE the honour to inform you that I telegraphed to the Manjuis of Salisbury
the sul)stancc of your note of yesterday respecting the Gtli Article of the proposed
Helirinir's Sea .\rbitration Agreement, and that I have received a reply from his Lordship
to the followinu clfeet : —
In view of flic strong ojiinion of die President, reiterated in your note of yesterday,
that llio danger iipjirehendcd i)y Lord Salisbury, and explained in my note of the
8lh instant, is too remote to justify the delay which might be incurred by guarding
against it now, his Lordship will yield to the President's appeal, and not press for further
discussion at this stage.
Her Majesty's (Jovernmcnt of course retain the right of raising the point when the
question of framing the liegulations comes before the Arbitrators, and it is understood
that the latter will have full discretion in the matter, and may attach such conditions to
the Regulations as they may a priori judge to be necessary and just to the two Powers,
in view of the diHiciilfy jiointed out.
With the above observation Lord Salisbury has authorized me to sign the text of
the seven Articles and of the Joint C'omrnis>i(>n Articles referreil to in my note of the
23rd ultimo, and it will give me much jjloasure to wait upon you at the State Department
for that purpose at any time that you may appoint.
I have, &c
(Signed) JULIAN PAUNCEFOTE.
No. I'Jl.
^/r J. Pauncefote to the Marquin of Salisbury. — (Received Decnnlier 2^.)
(Telegraphic.) WashirKjton. Dpccmber 22,W.n.
Til I'll question of tlio number of Arbitrators was reopened to-day hy Mr. Blaine.
He stated that he was of opinion, as was also the President, that seven was too
large a number, and that it would sutiice, as three are to be appointed by foreign
Governments, if the United States and Great Britain should each appoint one. He was
anxious that the above consideration should be urged on your Lordship, and he
expressed the hope that efforts might be made to expedite as much as possible the
remaining arrangements.
vcd at,
tion of
:li this
'iiewed
uc'h s
nte of
133
No, 192.
Sir J. Pauncefote to the Marquis of linlishury. — [Received December 28.)
My Lord, Washington, Deccmlur 15, 1891.
WITH rcfcroncc to my tclesjrnm of ycstcnlny, I liavt; the honour to inclose
copy of a note whicli I liiivu n'ceivcil from Mr. IMuliic, in wliidi lie states that the
President objects to your Ijordsliip makin;; uny reservation at ail in rc;.'.ird to the
Beliriii<;'s Soa Arbitration Agreement ; together witli a copy of the reply which 1 have
returned tiiereto.
I have, &c.
(Signed) JULIAN PAUNCIiFOTE.
Inclosure 1 in No. 192.
^fr, Blaine to Sir J. Pauncefote.
Sir, Drpartmrnt of Sliilr, Washiiirjlon, Derfiiilm 14, 1891.
I II.WR tlic honour to advise you tliat I huhaiilteil your note of the'llth instant
to the President. After mature deliheratinn, lie has instructed me to say tliat he'objects
to Lord Salisbury makinu; any reservation at all, and tliat he cannot yield to him the
right to a])pcal to the .Arbitrators to decide any ])()iiit not embraced in the Articles of
Arbitration. Tiic President does not admit that Lord Salisbury can reserve the riiihl in
any way to aflect the uecisiim of the Arbitrators. We understarid that the arbitration
is to jiroceed on the .seven points which are contained in the .Articles whicli you and I
certify were the very jioints ajrrced u])on by the two (Governments.
For (jord Salisbury to claim the right to submit this new point to the Arliitrators is
to entirely cliange the arbitration. The President might, in like manner, submit several
<luestions to the Arbitrators, and thus enlarge the subject to such an extent that it
would not be the same arbitration to which we have agreed. The President claims the
right to have the seven pi)ints arbitrated, and rcs])ectfully insists that Lord Salisbury
shall not cbaiige their inciiiiiiig in any jiarticuhir. The matters to be arbitrated must be
distinctly understood before the .Arbitrators are chosen. And, after an arbitration is
agreed to, neither of the jiarties can enlarge or contract its scope.
1 am jircpareii now, as I have been lieretofore, to sign the .Articles of Agreement
without any reservation whatever, and for that purjiose 1 shall be irlad to have you call
at the State Lieimrtment on Wednesday, the 10th instant, at 1 1 o'clock a.m.
I have, &c.
(Signe<l
JAMES G. BLAINK.
Inclosure 2 in No. 192.
Sir J. Pauncefote to Mr. Blaine.
Sir, i\'a.ihiii(ilon, December 15, 1891.
I HAVE the honour to acknowledge the receipt of your note if yesterday's date,
in reply to mine of the 11th instant, respecting the signature of the seven Articles of
the proposed Hehring's Sea Arbitration Agreement therein rou'rred to.
I will transmit a copy of that reply to the Martinis of Salisliury by to-day's mail,
but I beg to state that, pending his Lordship's further instruciiuns, it is not in my
power to proceed to the signature of the .Articles in <piesli()ii, as [iroposed at the close of
your note.
I have, ikC.
(Signed) JULIAN' PAUNCEKuTE.
134
No. 198.
Sir .7. Pnuncefote to the Marquis of Salisbury, — (Received December 28.)
My Lord, Wasliinylon, Dernmhrr IS, 1891.
IMMEDIATELY on receipt of your Lordship's tdcsinni of tlie IGtli instant I
addresseil a note to Mr. Blnine, of wliicli I have the honour to inclose n copy, and I
delivered it to him in person yesterday.
After reading it, he at once made an ai)poinlinent for this morninn; at 1 1 to sij,'n the
text of the seven Articles of the JJchriiiff's Sea Arhitration A<,'reeinent and of the .Foint
Commission Apjrecment, as settled in the di))loniatie oorrespondence.
Accordingly, 1 proceeded to the State Department at the appointed time, and, after
the usual verification, the document was signed in duplicate by Mr. Blaine and my.self.
I shall have the honour to transmit a copy of it to your Lordship by this mail in a
separate despatch.
I hare, &c.
(Signed) JULLiN PAUNCEFOTE.
Inclosure in No. 193.
Sir J. Pauncefote to Mr, Blaine,
Sir, Washington, December 17, 1891.
I HAVE the honour to inform you that I conveyed to the Marquis of Salisbury, by
telegram, the substance of your note of the 11th instant respecting the 6th Article of
the proposed Beliring's Sea Arbitration Agreement, and that I have received a reply from
his Lordship in the following sense.
Lord Salisbury is afraid that, owing to the difficulties incident to telegraphic
correspondence, he has been imperfectly understood l)y the President, lie consented, at
the President's request, to defer for the ])resent all further discussion as to what course
the two Governments should follow in the event of the I'ugulations prescribed liy the
Arbitrators being evaded by a change of flag. It was necessary that, in doing so, he
should guard himself against the supposition, that by such consent he hud nurro-vcd
the rights of the contending parties or of the Arbitrators under the Agreement. Hut
in the communication which was embodied in my note of the 11th instant, his Lordship
made no reservation, as the President seems to think, nor was any such word used. A
reservation would not be valid unless assented to by the other side, and no such assent
was asked for. Lord Salisbury entirely agrees with the President in his objection to
any point being submitted to the Arbitrators which is not emljraced in the Agrecmont,
and, in conclusion, his Lordship authorizes me to sign the Articles of the Arbitration
Agreement, as proposed at the close of your note under reply, whenever you may l>e
willing to do so.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 194.
Sir J, Pauncefote io the Marquis of Salisburij. — {Received December 28.)
My Lord, fVanhinglnn, December 18, 1891.
WITH reference to my immediately preceding despatch of to-day, I have the
honour to inclose herewith the text of the seven Articles of the Behring's Sea Arbitration
Agreement and of the Joint Commissiou Article, as signed by Mr. Blaine and myself.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
136
Inclosure in No. 194.
Text of Arlielex for in.^ertion in the Rehrimj':^ Sea Arbilrnlion Agreement «» sHlled in
the Diplomatic Correspondence between the Government of Great llriinin and the
Government of the United Stales.
I.
WHAT exclusive jurisdiction in the sea, now known as the Hehrincf's Sea, and what
exchisivc rights in the seal fisheries therein, did Russia assert and exercise prior and up
to the time of the cession of Alaska to the United States ?
II.
How far were these claims of jurisdiction as to the seal fisheries recognized and
conceded by Great Britain ?
III.
Was the body of water, now known as the Bchriiig's Soa, included in the phrase
" Pacific Ocean," as used in the Treaty of 1825 between Great Britain and Russia; and
what rights, if any, in the Behring's Sea, were held and exclusively exercised by Russia
after said Treaty ?
IV,
Did not all the rights of Russia as to jurisdiction, and as to the seal fislierie-i in
Behring's Sea east of tlie water boundary, in the Treaty between the United States and
Russia of the 30th .March, 1S(>7, pass unimpaired to the United States junder that
Treaty?
V.
lias the United States any right, and, if so, what right of ])rotccti()n or property in
the fur-seals frc(iuenting the islands of the United States in Uuhring's Sea when such
seals are found outside the ordinary three-mile limit ?
VI.
If the determination of the foregoing questions as to the exclusive jurisdiction of
the United States shall leave the subject in such position that the concurrence of Great
Britain is necessary to the establishment of [{egulations for the proper protection and
preservation of the fur-seal in, or habitually rosorting to, the Behring's Sea, the
.Arbitrators shall then determine what concurrent Regulations outside the jurisdictional
limits of the respective (governments are necessary, and over what waters such Regula-
tions should extend, and, to aid them in that determination, the Report of a Joint
Commission, to be appointed by tiip respective Governments, shall be laid before them,
■»ith such other evidence as either (iovernmont may subntit.
The Contracting Powers furlhermore agree to co-operate in securing the adhesion
of other Powers to such Rcjjulations.
VII.
The re^])ective Governments having found themselves unable to agree upon a
reference which shall include the question of the liability of each for the injurios alleged
to have been sustained by the other, or by its citizens, in connection with the claims
presented and urged by it ; and, being solicitous that this subordinate (juestion should
not interrupt or longer delay the .subnission and determination of the main questions,
do agree that cither may submit to the Arbitrators any question of fact involved in said
claims and ask for a finding thereon, the question of the liability of either Government
npon the facts found to be the subject of further negotiation.
(Signed) JAMKS G. BLAINE.
JULIAN PAUNCEFOTE.
December 18, If 91.
130
Ttxt of the Behring'i Sea Joint Comminsion Agreement as settled in the Diplomatic
Correspimdenee between the Governvunt oj Great Britain and the Government of the
United Utates.
Knell riovernnient shnll appoint two Conitnissioncrs to iiivcstiirntc conjointly with
the C'oniinissioncrs i>t' tlic otlior (iovornnii'iit nil the fiiets Imvin^j relation fo .soul life in
Helninj; s Sea, and the nieasurus mcessaiy tor its proper iirotcetioii and preservation.
The tour (.'ommissioncrs hlmll, so far ns they may he able to nt^ree, make a joint
Report to each nf the t»o Ciovi'rnnu'iits, and ihv\ shall also rejiort, either jointly or
Beverally, to each Government on any points upon which they may be unable to iifcree.
These Kejiorts shall not he n.ade public until tlioy shall be submitted to the
Arbitrators, or it shall appear that the continjrency of their beinj; u.ied by the Arbitrators
cannot arise.
(Signed) JULIAN PAUNCKFOTE.
JAMES G. BLALNB.
December 18, 1^91.
No. 195.
The Marquis of Salisbury to Sir J. Pauncefote.
(Teleffraphic.) Foreign Office, December i"J, 1891.
YOUR telegram of the 22nd instant.
You should make it clear to Mr. Blaine that Her .Majesty's Government urge the
appointment of seven Arbitrators.
No. I'JG.
The Marquis of Salisbury to Sir J. Pauncefote.
Foreign Office, December 30, 1891.
(Telep:raphic.)
HEiiRING'SSEA.
I have been asked by Sir G. Baden-Powell to ascertain whether any date can
be fixed for the nieetiui; of the Joint Commission.
He is ready to start on the Gth January if necessary.
No. 197.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received January t.)
(Tclpirraphic.) Washintjlon, January '2, 1892.
AViril rcfemice to yoiir I/>rdship's telegram of the ItOlh ultimo, relative to
the Bchrimr's .Sc;i .loiut Coininission, .Mr. Blaine has no ohjcctioii to its nicctini,' at
the earliest date which may be permitted by the other public duties of the American
Commissioners. \\'hat that date will be he iiopcs to be in a position to inform mt on
the Ith instant.
No. 108.
Sir ./. Pauncefote to the Marquis of Salisbury. — {Received January 4, 1892.)
:My Lord, IVashlnqlon, December 23, 1891.
1 HAVIC the honour to inclose hercnvitli Census Bulletin No. \'2:\ relativt
to the (isliirifr industry of the Unit(!(l States connected with m;u'inc mamnuilia.*
The business pursued l)y the .Alaska Commercial Company is not given in the
Report.
Kxclusive of the operations of this Company, it appears that the capital
invested in (he fur-seal .-ind sea-otter (isbery in 18!^!) w.ns l.')J,7.')7 dollars; the value
tif the products landed in the same industry was 124,983 dollars; tlic number
• N'ot printed.
plomatic
It of the
Iv with
life in
tion.
a joint
nuily or
iifrrec.
to the
)itraturs
137
of pi;s(iiis (•n;;.i;j:c(l, 4'_'.'. OC the (iir-Koal and oticr (Ipl-I, II vessels hailed from
Sail F raiiciseo, 7 IVom I'ort 'rownsend, Wnshinjjtoii ; 1 fniin Santa IJarharn,
Cnlif()iiii;i ; and 1 from Salcni, Massacliuselts.
Of the einploves. 'JN.'i were natives of the United States, 5 of Canada, 18 of
Great Hrilain, '_'!) of Japan, and Ct] of Norway and Sweden.
Tiie number of the fur-seal Hkins tai\en was 2'28.
I have, &.C.
(Sii;nc(l) JULIAN I'AUNCEFOTE.
No. 199.
Sir J. Pauncefote to the Marquis of Salisbunj. — {Received January 4.)
(Telcfiraphic.) IVashington, January'^, 1892.
\\'iril reference to my telofjram of the "nd instant, I have the honour to
state that I was informed to-day by Mr. Blaine that the President cannot consent
to the meeting of the .Joint Commission until a definite settlement has been arrived
at us to the remaining details of the Arbitration Agreement, which formed the
subject of my telegram of the '2nd instant.
No. 200.
Sir J. Pauncefote to the Marquis of Salisbury.— (Received January 13.)
(Tfle^rajihie.) \S nahinijlon, January \',\, 1S9J.
I IIAVK the hor.our to inform vour Lordship that Mv. lilaine is now most
an\i(.us for the inmiediate meetiiii;- of the Joint Commission, and begs that
instructions may be sent to the two |{ritisii ( onimissioners to proceed with as little
delay as possible to Washington, whieii, in his opinion, taking all the circumstances
into consideration, is the most convenient place of meeting. I should be ghul to be
informed whether Sir George Uaden-Powell has left for America.
No. 201,
Sir J. Pauncefote to the Marquis of Salisbury. — (Received January 14.)
(Telegraphic.) Washington, January 14, 1&92.
BKl I RING'S SEA Joint Commission.
I think it of the greatest importance that Sir (i. Haden-I'owell and
Dr. Dawson should be authorized to proceed to Washington at once. I will
telegraph to Lord Stanley, begging him to request the latter gentleman to hold him-
self in readiness to start.
No. 202.
Foreign Office to Sir CI. Baden- ell.
Sir, Foreign Office, January 14, 1892.
I .\M directed by tli? Marcpiis of Salisbury to inform you that Sir J. Pauncefote
has reported, by telegraph, that the United States' Government are now anxious
that the Joint Commission should commence its sittings at once.
it is therefore desirable that you should proceed to Washington as soon as vcu
conveniently can.
I am, &c.
(Signed) T. V. LISTER.
CWl
188
No. 203.
TAff Afarqnis of Salinbunj to the Ueltrintj'.s Sen Commiaiiontrg.
GentliMiicn, Fureiipx Oflicr, Jninwrii 1."), 1»!)2.
I IIAVK to iiirorni you tluit Ilcr Mrijcslv's .Minister at N\':i.sliins;ton li;is srnt
home tlip text of spven Articles, sip;niMi hv liimscH' arul Mr, Hiaiiir on the
18lh ultimo, whieli are to hu omixxlied in a formal Aiireement between Her Majesty's
Government and that of the United Stales for referring;- to Arhiliators ecrlain
questions at issue between tlic two (iovernmenls in regard to the jiirisdicliou
claimed by the latter over the waters of Belli ing'a Sea in connection with the
fur-seal fisheries therein.
Sir J. Paunoefote lias also forwarded the text of an A^jreenient sillied on the
same (lav for the appointment of two Cominissioners liy il"r .M.ajesty's liovernmeiit
and tliat of the rnitcd States respectively, to investii;ate, conjointly with the
("onimissioiiers of the other (ioveriinicnt, all the facts relatiiifj to seal life in
Bchriii^'s Sea, and the necessary measures for its proper protection and preservation.
\ copv of Sir .f. Pauncefote's dc.spjitcli, iiiclo-sing; l?oth these ducuinenls, is
forwarded herewith for your informtition*
I now transmit the Queen's rommission ii T the Sifjn Manual ajipointiiiff you
to be Her Majesty's Comiiiissioners in ■■iccorti 'c with the jirovisions of the .Foint
Commission .\jj;reement, and 1 request that \ .i will proceed to \V.ishiti;;ton an
soon as you can conveniently do so, in order to draw up the llepoit indicated in the
second paragraph of the Aiirecmcnt.
'riic ini'oinialion wliicli has been obtained by your .\niericaii colleagues and
yourselves durin;:; your recent visit to ikhrin^'s Sea will au|)ply you with material
for the iireparatioii of your Report.
'I'here arc, however, a few jioints to which Her Majesty's Government consider
it desirjible that your special attention should he directed.
Y(ai will observe that it is intended that the Keport if the Joint Commissioners
shall embrace recommendations as to all measures that should be adopted I'or the
preservation of seal life. For this purjiose, it will be necessary to consider w-h.-it
Rofjfulations may seem advisable, whether within the jurisdictional limits of the
United States and Canad.a, or outside those limits. The Roii;ulations wiiicli the
Commissioners may recommend for adoption within the respective jurisdictions.
of the two countries will, of course, bo matter tor the consideration of the respective
Governments, while the ll.njiilations atfectinu; waters outside the territorial limits
will have to lie considered uiuhn' clause t> of the Arbitration Aj;reement in the event
of a decision beiiin' given iiy the .Vibitrators aufainst the claim of exclusive jurisdic-
tion put forward on behalf of the United States.
'J'he Keport is to be presented in the first iii'^tance to tho two (loverntnents for
their consideration, •■ind is subsetpienlly to be laid by tho.e (iovrnmenls bcfon; the
Arbitrators to assist tlieiii in deleriniiiina; the more restricted (piesiioii as to what, if
any, Re^ulatiiins are essetitial for tiie protection of the I'tir-beariiii^ seals outside the
territorial jurisdiction of the two countries.
in the event of any points aiisinjj on which the Commissioners arc unal)le to
arrive at tin undcrslaiidinj;', they shoulil rejiort jointly or severally to each Govern-
ment on such points.
In conclusion, I have to state that Iler Majesty's (iovernnient pl;ice (-very
reliance on your tact and discretion in the conduct of your investigations with your
-American colleagues, who will, no (i.)ubt, lie ecjually desirous with yourselves
of arriving at a common agreement on the questions to be discussed.
I am, &c.
(Signed) SALISBURY.
No. 201.
iS'iV G. Baden-Pouwll to the Marquis of Salkbury. — {Received February 1.)
(Telegraphic.) Waahimjlon, February 1, 1892.
ARRIVED Washington with Dawson Slst January.
• .No. ia4.
1S9
No. 205.
Sir J. Paunrffolf to the .Uwrryui* of Halinhunj. — {Received Februanj 1.)
(Toli-'.-niillic.) Uimhinr/trn, Fchniiin/ 1, 1^*02.
I IIAVI-; llic lionimr loiiirorni vmir '.ordshiji tliat Sir (ii-oitte Hailuii-I'iiwoll .■iriil
Dr. Dawson have arrived licpf. I callcMl with lliciu to-day on .Mr. Uiainc, who
protiiisi'd tluil the place uiiil time of incctin;; ol the Joint C'otniniiisioii should be
arraii":cd at oticc.
No. 200.
Sir J. Pauncefole to thr Marquis of ISatisbury. — (Received February 7.)
My TiOril, Washington, January 20, 1892.
I ll.\\'l". tlic honour to inclose herewith copv of a note which I addre^sed to
-Mr. IHaine, inforniini;' liitn of the ucce;>taiicc hy llcr .Majesty's (ioverninent of hia
propo.sal that ihc l{(?lirini;'.s Sea f()reiq;n .Vrbitrators shall he chosen hy Trance,
Ital), and Sweden.
1 have, &e.
(Signed) .JULIAN TAUNCEFOTE.
Inclosurc in No. 2(»0.
tiir J. Pauncpfote to Mr. Blaine.
Sir, IVnfhington, January 21. 1892.
1 ii.WI''. the honour to inform you that immediately after my interview witli
you on the I jth inutant in rcj^ard to the question of the countries who are to name
the .Arbitrators in the Hehrinj^'s Sea controversy, I telegraphed to the .Manpiis of
Saiisl)nry that you did not insist on the knowleil<;c of English hy liie Arbitrators
as a condition, hut merely as a dcHir.'ible (jualilieaiion.
1 have now rei-eived a teleL;rani from his Lordship, stating that Her Majesty's
Government accept your proposal that the Arbitrators iihall be chosen hy h"" ranee,
Italy, and Sweden.
I have, &e.
(Signed) JULIAN PAUNCEFOTE.
No. 207.
Sir J. Pauncrfote t' the Marquis of Salisbury. — {Received February 8.)
(Tclosrapliic.) IVashmgton, February 8, 1802.
I K()RWARI)KIX bv bag', <in tiie ")th instant, f')r voiir Lordship's apjiroval, a
draft HehriiiK's Sia .Vrbilration Convention w'licii has been [jroposed by Mr. Hhiine.
The Joint Commissifdi is embodied in it, and .Mr. Hhiine insists that the proceedings
of Ihc .Joint Commissioners sli.dl he informal until it is siiined. After much delay,
thc\ mc(!t to-dav for tlic lirst tinu". A )»or/H,v r/rf«(/i durini:' the next lishcry season
is pressed for bv Mr. Hlaine, and he hopes that tier Majesty's (iovi'rmnent will be
prepared to put into I'orccanv Regulations which may be recommended by the Joint
Commission for immediate application.
No. 208.
Uehring's i>ea Comwissioncrs to the Marquis of Saliabury. — (Received February 10.)
(Tcle<j:i'a])hic.) irnsliington, Fchriianj '.), 1802.
\VI'^ beg to report, for your Loidship's information, that we have commenced
to hold mei^tings of an informal nature with the American ( (immissiiincis, clearing
the ground where possilile, but until tiie Arbitration Convention is s gned we have
[672] T 2
140
decided that it is not expedient to commence formal work, or exhibit any of the con-
clusions at which we have arrived.
No. 209.
Colonial Office to Foreign Office. — {Received February 10.)
(Extract.) " Downing Street, February 10, 1S92.
I AM directed by Lord Knutsford to acknowledge tlie receipt ol' j'our letter of the
9th instant, inclosing paraphrase of a telegram from Her Majesty's Minister at
Washington respecting the Bchring's Sea negotiations.
Lord Knutsford desires nie to slate tlmt he thinks it desirable, if the IMarquis
of Salisbury sees no objection, to consult the Canadian Government as to the proposals
for a renewal of the modus vivendi, and the enloicemcnt of such Kegulations as the Joint
Commission may recommend for immediate application.
No. 210.
The Behring's Sea Commissioners to the Marquis of Salisbury. — {Received February 1 1 .)
My Lord, Qllawa, January 129, 1892.
WE have the honour to acknowledge the receipt of your I^ordships despatch
of the 15th instant, inclosing" the Queen's Commission under the Sign Mnnual
appointing us to be Ilcr .Majesty's Comuiissioners in accordauce with the |)r()visi()ns
of the Joint Commission Agreement of tiie ISth December, 1891, between iler
Majesty's Government and that of the United States.
We are not a«are whether the United States' Commissioners iiave as yet been
appointed, but we were informed on the liSth instant by Sir Julian Paiincefote that
Mr. Blaine agrees to the meeting of the Joint Commission on the 1st February.
We are therefore proceeding at once to Washington, wlierc we will endeavour
to the best of our ability to carry out the instructions embodied in your Lordship's
despatch under acknowledgment.
"^To llIlVG &tC
(Signed) ' GEORGE BADEN-POWELL.
GEOilGE M. DAWSON.
No. 211.
The Behring's Sea Commissioners to the Marquis of Salisbury. — {Received February 1 1.)
My Lord, IVashingtnn, February 1, 1892.
WK have the honour to report that we arrived here on the evening of Sunday,
the 31st January.
We called on Sir Julian Pauncefote the same evening, and he courteously
arranged for an interview with the Secretary of State on Monday, the 1st February.
This morning Sir J. Pauncefote formally introduced us to Mr. Blaine, who told
us that he would at once make the necessary arrangements for us to meet our
fellow Commissioners, but he did not anticipate that a meeting could take place
before Wednesday, the '3rd instant.
We took the opportunity of explaining that we were fully prepared to commence
work to-day.
We have, &c.
(Signed) GEORGE BADEN-POWELL.
GEOllGE M. DAWSON.
II.MJHP1|,UWI
le con-
141
No. 212.
Sir J. Pauncefote to the MarquLi of Stdisburij. — (Received February 1 !).)
(Extract.) Washington, Fdminry l-, 1892.
AS I had the honour to report in my tlcsp.iti'h of the 'JHth ultinu), 1 inlor ned
Mr. Blaitie, in a note dated the 21st ultimo, tliat llcr Majesty's (ioverniiictit had
accepted his proposal, that tlic tiirce f'orcinjri nieiniiers of the Jieiiiing's Sea
Arbitration Tribunal shoidd lie chosen by France, Italy, and Sweden.
On the J50th vdtimo, not havini; received any further communication fioin
Mr. Blaine on the subject, 1 addressed a note to him (of whieli a cojiv is inclosed),
inquirini^ whether he was: now prepared U) prijcccd at once to tiie preparation and
signature of the Ai'i)itration ('onve;.uo:i.
On the 'Jnd instant Mr. HIaine invited me to call on him, wiicn lie placed in my
hands the dral't of a ('onvenliim \,liich l;C re(|ueste(i me to examine, and which is
based on the Arijitration Articles of the 'rrcaty of Washington, and iiu oiporates
the Articles already signed, and also the .Joint Commission ,\i;reement.
It was arranged tiiat 1 should go over tiie <lraft the following day with
Mr. Alvey A. Adce (."second Assistant Secretary of State), bv wiioin it had been
prepared, so that It shoidd l)e put into such a form as I should a))prove bel'ore
submitting it to your Lordship. i accordingly iiad several interviews with
Mr. Adee, at which I suggested various alterations whicii were adopted, and [ now
have the honour to inclose a copy of the draft, as amended, for your Lordship's
consideration.*
The reason assigned for including the .Joint C'ommis--sion Agreement in the
Arbitration Convention is thai, as it entails an expenditure of public nionev, it must
he laid before the Senate, as well as tlu; Arbitr.ition Convention, .■uid it is more
convenient that the whole arrangement shoidd l)e comprised in the same instru-
ment.
If your Lordship should approve substantially of tii(! draft, Mr. Ulaine suggests
that it would save a great deal of time if 1 were instructed, by telegraph, to sign the
Convention (with such modihcatioiis as your Lordship may desire) nunc pro tunc,
and without awaiting the arrival of m\ lull powers, which can be communicated
later on.
Inclosurc in No. 21l'.
Sir J. Pauncffotr to Mr. Blainr.
Sir, fViishington, Janunrii 30, 1S92.
ALL the details of the Ikliring's Sea Arbitration having now been finally
settled by the understanding arrivcil at a^i to the (iovernments who shall Ise invited
to select the three foreign Arbitrators, 1 have the honour tt) re()uest you to Ik; gciod
enough to inform me whether you are prepared to proceed at once to ilie prepara-
tion and signature of the formal Arbitration ('onventioii and of the .Joint t.'oiuniission
Agreement, in accordance with tlu; text of the Articles to be inserted therein, which
was signed by us on the Ibth Decendjcr last.
I liavc, i^:c.
(Signed; JULIAN I'AUNCErOTE.
No. 213.
Sir J. Paunce/ote to the Marquis of Salisbury. — (Received February 15.)
My Lord, Washington, February 5, 1892.
AT the interview which I had with .Mr. Blaine on. the subject of the draft
Arbitration (."onvention transmitted in my previous des[)atch of tliisdate, he strongly
pressed upon nie the importance of being prepared to put in ibrco during the next
* For CoDVention at lignoil, nee No. 346 .
143
fishery season in Behring'a Sea such Regulations as miglit be recommended by the
Joint Coniniission which is about to commence its sittings in Washington.
He oljserved that it was now quite certain that tiie arbitration would not be
concluded for many months, and no time, tliercfore, should be lost in devising
another vwdus rivendi, to take cd'ect from the expiration of the present one.
In answer to his incpiiry as to the power of Her Majesty's (lovernment to put
in force any Regulations whicii might temporarily be agreed upon, 1 stated that for
such purpose it would be necessary to have recourse again to Parliament.
He then requested me to invite \()ur Lordship's immediate atleiuion to the
importance of taking immediate ])owers for that [)urposc, as the sealing fleets were
already reported to be clearing out.
I Lave, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 214.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreiijn Office, Febninry IG, 1892.
THE draft Convention, inclosed in your despatch of the .')tii instant, for
referring to arbitraticm the questions at issue between Her Majesty's Government
and that of the United States in connection with the seal fisheries iri Hehring's Sea,
has been referred to the Law Ollicers of the Crown, w iio have been asked to lurnish
a Report on its terms at their earliest convenience.
Her Majesty's Government cannot express an opinion upon Mr. Hlaine's
proposal for a fresh modus rivendi > luring the present year until they are birther
informed as to what the provisions of the modus rivendi are to be. It does not seem
to be at all necessary for the preservation of the fur-seal species that sealing should
be entirely prohibited.
No. 215.
Sir J. Pauncefote to the Marquis of Salisbury. — (Ucceived February 18.)
(Telegraphic.) ICns/iny/on, February 17, 1892.
\V1TH reference to your Lordshi[)'s tck'p;ratn of the IGth instiint, Mr HIaine presses
that the question of the modus rivendi should he considered and rt'|u)rttd on by the Joint
Commission. 1 have informed him that, in my opinion, it lias no jjower to <]o so under its
present mandate. Will your J^rdshij) inform me whether you arc willing that the
necvBSiiry authority shall be i,dvcn to the Commission, provided that no obligations will be
imposed upon either Government by its report r
No. 216.
The Marquis of Salisbury to Sir J. Pauncefote. ■
(Telegraphic.) Foreign Office, Fibruary 18, 1H{)2.
IIKR Majesty's Government have ha(i under their consider.-ition Mr. Hlaine's
proposal, reported in your telegram of yesterday, that the Joint Commission
should exauiine and report on the (juestion of arranging a fresh modus rivendi during
the next seal-lishing season in Behring's Sea.
They have no objection to its being considered by the Comniission whether, in
case the dw-ision of the Arbitrators is not obtained before .June on the points to be
submitted to them, any modus vivendi will be necessary, and, in that case, what
should be its provisions.
Her Majesty's Government must, however, reserve absolutely their right of
action in respect to any recommendations that may be made by the Commis-
sioners.
In the present state of Parliamentary business, it seems unlikely that it would
be possible to obtain any frosh powers from Parliaiiienl.
143
"The Seal Fishery (Behiing's Sea) Att, 18!)1," is still in force, but it only gives
power to ()roiiii)it sealing in Beiiring's Sea l)y Order in Council within limits and for
a period to be specified in the Order itself.
You should communicate to tlie Canadian Ciovernraent the substance of your
telegram of the 17th instant, and of my reply.
No. 217.
The iJarquis of SaUfihury to Sir J. Pauncefotc.
(Telo,!,'mph)C.) hhrelgn Office, Febrnnrii 20, 1802.
\\VAi Majesty's Government have iiad under their consideration the drai't of
a Convention, forwarded with your despatch of the 4th instant, for arbitration
on the (juestion of lht» seal lisheries in IJehrinj's Sea.
Tliev are |)rcpared to accept it, subject to certain amendments which I
have telegraphed to you.
No. 218. '
The Behring's Sea Commissioners in the Manjuis of Salisbury. — {Received February "25.)
My Lord, Arliiujioii Hotel, Wushimjlon, February 19, 1892.
IN continuation of our despatch of the l&t instant, we have tiie honour to report
that after inforniins; the Sccrt;tary of State ot our readiness to couunence work on
the .loint Commission on the 1st February wc received no further intimation as to our
conferences until Sir Julian Paunecfote connnunicatcd to us the information that in letters
dated the 4th and (ith February Mr. Blaine had |iciintpd out to him that wo could not pro-
ceed othcially to the discharge of our duties or Ibrnuilute our Reports until the Arl)itration
Convention was siijned, hut that he would inter|)ose no objection to our holdiuj,' preliminary
and inlormal conferences.
2. On the ath February we accordingly held our first preliminary conference, and
much pre|)aratory work was got through. It was then arranged to hold a second con-
ference on the I Itii instant.
.'i The decision on Mr. Blaine's suggestion that, pending the signature of the Arbi-
tration Convention, the meetings of the .Joint Commission were to be informal, we eom-
munieated to your Lordship on the Dlh instant, i;i ;i telegram ot which a paraphrase is
inclosed herewith.
4. On the lUtii February, however, Sir J. Pauncefote received and comnmnicated to
us afurtiier letter iVom trie Secretary of State, dated the previous day, in which .Mr. Blaine
unexpeeteilly look up ipiite a lu-w position, stating that the United States' Commissioners
had now been instructed to maki- known to us their readiness tbrmally to arrange tor a
joint conlereuce, and proceed without lurther di'layto the discharge of the duties assigned
to them.
J, We venluK'il to suggest to Sir Julian I'auncefote tliat in view of the strong opinion
expressed by Mr. Blaine in his letters of the Ith and (ith February it might be well it notes
were exchanged hetueeu the two tiovernnients, drelaring that all work and conferences of
the .loint (^onuni^sion uiulertakeu hcfore the signing of the Arhitration Convention would
be regarded hv them as Ibrmal and ellicient in character.
(>. On Thursilay, the 1 1th iii>tant, after consultation with Sir .F. I'auneelbte, we held
the second conference, at, which we ('omniunieated our respective powers, and decided to
regard thai and future meetings as formal pending the signing of the Arbitration Con-
vention, and on the understanding that the respective Governments have so determined.
7. We have now decided to meet de die in tlieiii, ami there secins to l)e every prospect
of our piogressing well with our work.
8. The United States' tiovernment have very courteously provided aceonnnodatiou t'""^'*
our conferences in rooms at the State Department. y-one
AVc have, &e.
(Signed) liKORGli BADKN-l'OV
GKORGE M. DAWii: ■
/
U
144
■^
\o. 219.
Lord Stanlrij of I'retton to Lord Kvutsford.'' — {Rvcciicd Fehruary 24.)
(T(.-U-'r,'ii)liic.) Ottiiwa, February 23, 1892.
"WrriT rclVroiicc to vdiir tclcLjiam of tlu> lOtli iustiril i'('s])('ctiiii; the modus viiendi
in JU'lirins^'s f>ca, luy ^linistcrs do not jjo'iscss iiny inrormatioii to show that a inoduis
rivendi is necessary, or tliat it can 1)0 reasoimtily (lenian(U'(I. If, however, such
information lias reachcil Ifor Majesty's Government, the (ioverument of the Don\inion
would not oppose such a modus lirnidi ])rovi(le(l thr.t it were confined to a zone of
niodei'nfe limits, say, 25 miles, around the seal islands, and provided that it is
aceoinpanieil hy sfriuKCMit restrictions against the killinic of seals on land, witii l)(>tter
su]iervisi()n than during tlic modus virendi of last year. Any arran!;;eraent of a
ni()r(> ex1<'nded cliaraetcr would invcdve compensation to tin? sealing-vesscls, and for
this, of oours(>, Canada could not he expected to make provision from the funds of the
Dominion.
No. 220.
Sir J. Paunccfole to the Marquis of SaUshurij. — {Received February 25.)
(Telegraphic.) Washington, February 25, 1892.
RKIIHING'S SEA modus Vivendi.
With reference to your Lordship's telegram of the 16th instant, I have informed
Mr. Hlaine that your Lordship could not give an opinion until you learned what vwdus
virindi was proposed.
Followiiia: is the substance of a note which I have received in reply: —
The arlijtraiion cannot possibly be concluded within the period of time which was
contemplated orisinaliy. Tiie delays which have occurred iiave been much more by Great
liriliiiii tluui by tiie I'nitcd States.
'i'hc President su^'Lrests that the modus sliould be similar in terms to that of last year,
but that it should be more fully executed. More eflicient measures on the part of Her
Majesty's Government will be |)ractical)le tlds year owiui; to the earlier date. More seals
than ever were taken last year, the depaituie of the scalinj^-vcssels having taken place pre-
vious to the agreement as to the modus virendi. The |)revention of sealing in the North
Pacific Ocean would bo the most effective measure for Ilcr Majesty's Government to
adopt. The large number of sealers preparing to go forth from IJritish Columbia would
have to receive notice of this. The number of sealers is reported to be larger than ever,
and without regulations there will be an immense des! ruction of females heavy with young.
Mr. Blaine urgently rccjuests nic to send the contents of the note to your Lordship by
telegraph. 1 have not yet mentioned the question of authorizing the Joint Commission to
report on the modus rivendi on the conditions mentioned in your Lordship's telegram of
the 18l!i instant.
No. 221.
/S'ir J. Puuncefote to the Marqvis of Salisbury. — (Received February 26.)
(Telegraphic.) Washington. February 26, 1892.
MY tekgram of yesterday.
Mr. niainc specially desire s me to telegraph to your Lordship verbatim tlie following
paragraph contained in his note o( the 21tb instant respecting the modus vlvendi: —
" Holding an arbitratitni in iiuard to the rightful mode of taking seals, while their
destruction goes forward, would bf as if while an arbitration to the title to timber-land
were in progress, one party were to cut remove all the trees."
He attaches much importance to this illustration.
No. 222.
'• Sir ,/. Pauncefote to the Marquis of Salisbury. — {Received Fehruary 27.)
( I'clcgraphic.) Washinrjton, February 26, 1892.
WITH reference to your Lordship's telegram of the 25th instant, the opinion of the
Uritish Behring's Sea Commissioners as to a modus vlvendi mav be convenient to your
Lordship at this juncture. They re|)ort as follows ; —
* Repeated to Sir J, PauncefoU,
892.
Vivendi
iiiodux
such
million
one of
t it is
bottcr
of a
ml I'or
ol' the
14S
" We do not apprehend any danger of serious further depletion of the fur-seal resort,
ing to the Pribylofi Islands, as the result of hunting this year, unless excessive killing be
permitted on the breeding islands. As a judicious temporary measure of precaution, how-
ever, for this season, and looking to permanent regulations for the fishery as a whole being
established in time for the season of 1893, we would recommend the prohibition of all
killing al sea during this seiison, within a zone extending to, say, not more than 30
nautical ii:iles around the Pribyloff Islands, such prohibition being conditional on the
restriction to a number not to exceed 30,000 as a maximum of the seals killed for any
purpose on the islands."
I believe that the necessity for the total cessation of pelagic sealing will be insisted on
by the American Commissioners, if tlic question be referred to the Joint Commission; but
I submit that it is not necessary for us to go beyond the opinion of our own experts,
pending arbitration.
No. 223.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, February 27, 1892,
HER Majesty's Government have had under their consideration your telegrams
of the 26th and 2Cth instant, dealing with the question of the modus vivendi proposed by
Mr. Blaine for the approaching seal-hunting season.
They cannot admit in any degree the correctness of Mr. Blaine's statement that
there have been greater delays on the part of this country in the negotiations for settling
the Behring's Sea difficulty than there h.ive been on that of the United States.
The consent of Her Majesty's Govetnment was given last year to a modus vivendi
tiolely on the ground that the preservation of the seal species in those waters was supposed
to be endangered unless some interval were given during which there would be a cessation
of hunting both on land and sea.
No information has reached Her Majesty's Government to lead them to suppose
that so drastic a measure is requisite for two successive seasons.
Indeed, they are informed by the British members of the Joint Commission now
sitting at Washington that there is no danger, so far as the sea fishery is concerned, of
any serious diminution or the numbers of the fur-seal species as a consequence of hunting
them during the approaching season.
You are, however, authorized to offer to the Government of the United States the
compromise suggested by the British Commissioners, and reported in your telegram
of the 2bth instant, viz., that during the present \ear the killing of seals nt sea
should be prohibited within a given radius not exceeding cO nautical miles round the
Pribyloff islands on condition that the number of seals to be killed for any purpose on
the islands shall be restricted to a definite amount, not exceeding 30,000 at tlie utmost.
A speedy decision is necessary, as we are informed that the sealing vessels are already
leaving port.
Mr. Blaine's comparison of the present situation to a ()uestion of ownfrsliij) of timber
land does not appear to me to be applicable. 'I'he case rrsemblcs rather an arbitration on
the title to a meadow. While the arbitration is pending the party in actual possession
cuts the grass, and lightly so, inasmuch as next year the grass will be reproduced. This
will equally be the case with the seals. •
No. 224.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received February 28.)
(Tclcjuphic.) n'ashington, February 2G, 1892.
1 AM requested by Mr. Blaine to inform your Lordship that ho has reci-ived the
following Report from the United States' Consul at Victoria : — " Foi ty-six sealiiiLT vessels
.^leurcd to date. Six or seven more to go. At the same date last year only thirty-one
cleared," , ' . .
[672]
V
146
'.•"/'■ " " No, 22.5.
iSi> J. Pauncefote to the Marquis of Salisbury, — (Received February 28.)
(Telesrapliic.) Washington, February 27, 1892.
J THE Convention will be signed on Monday, at 11 A.M.
No. 226.
Sir J. Pauncefote to the Marquis of Salisbury. — (Received March 1.)
My Lord, Washington, February 18. 1892.
I II.WE the honour to inclose herewith copies of a correspondence which has
taken place between Mr. Blaine and myself on the subject of the Behring's Sea Joint
Comniission.
^ our Lordship will remember that the British Commissioners were summoned to
Washington at the request of Mr. Blaino, who, after having persistently refused to njrrco
to the meeting of the Joint Commission until after the signature of the Arbitration
Conventiim, informed me on the 13th J;' ary (as I had the honour to report to your
Lordship by telegraph on the same d.iy) that he was now anxious that the Comniission
should sit at once, and he proposed Washington as the most convenient place of meeting.
Accordingly Sir George Baden-Powell, who was then in England, started by the first
opportunity for New York, and, after visiting Ottawa, arrived in Washington with his
Canadian colleague, Dr. Dawson, on the 31st ultimo. On the following day (AFonday.
the 1st instant) I presented them formally to Mr. Blaine at the State Department as the
Britisii Commissioners, and I understood from him that they would be placed immediately
in communication with their American colleagues with a view to proceeding at once with
the business of the Joint Comnii.ssion.
It was not, however, until the jvening of Friday, the 5th, that I received a note from
Mr. Blaine informing me of the formal appointment of the American Commissioners,
and stating that as soon as he should have been " officially advised " by me of the
appointment of Commissioners on the part of the British Government, the Ihiited States'
Commissioners would be ready to confer with them " informally," but that until the
Arbitration Convention should have been signed, the Commissioners wotdd not be
expected to agree upon or formuhite any Report. This communication, which I received
with surprise under the circumstances above mentioned, led to the correspondence which
I have the honour to inclose, from which your Lordship will perceive that Mr. Blaine
ultimately agreed that the Commission shoidd proceed formally to business. But the
first meeting of the Commission did not take place until the 15th instant, and a whole
fortnight was lost by delays, for which it appears to me that the United States'
Government are alone responsible.
I beg to draw your Lord.ship's particidar attention to Mr. Blaine's remarks in his
letter of the 6th February on the selection of Commissioners made by Her M.ijesty's
Government, ond I trust that the answer which I returned to that letter will meet with
your Lordship's approval.
T have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 226. . "
Mr. Blaine to Sir J. Pauncefote.
Sir, Department of State, Washington, February 4, 1892.
I HAVE the honour to inform you that the President has this day appointed and
commissioned Thomas Corwin Mcndenhall and Clinton Hart Merriani to act as Com-
missioners on the part of the Government of the United States in accordance with the
Agreement which I .signed with you on the 18th December, 1891, to investigate and
report, conjointly with Commissioners to be appointed by the British Government, upon
the facts having relation to the preservation of seal life in Behring's Sea, and the
measures necessary for its protection and preservation, with a view to the submission
of their conclusions to the Board of Arbitrators, whoso conatitutiou has already been
agreed upon by us.
Until the Convention for Arbitration shall have been signed the Commissioners will
not be expected to agree upon or formulate any Reports, but after I shall be officially
adviaeri by you of the appointment of Commissioucrs on the part of the British Govern-
147
ment, the Commissioners on the part of tlic United Slates will hold themselves readv
to confer informally with their British colleaf^ues at such time as may suit their con-
venience.
I have, &c.
(Signed) JAMES G. BLAINE.
IncloBure 2 in No. 226.
Sir J. Pauncefote to Mr. Blaine.
Sir, Washington, February 6, 1892.
I HAVE the honour to acknowledge the receipt of your note dated the 4th
February (but only delivered yesterday cveninc;), in which you inform nic that the
President has appointed Mr. Mendenhall and Mr. Merriam Commissioners, on the part
of the Government of the United States, on the .Joint Commission therein referred to.
Sir George Baden-Powell and Professor Dawson, whom I iiad the honour to present
to you on the 1st instant, have been duly appointed Commissioners on the part of Her
Majesty's Government, and, as I have already stated to you verbally, they are furnished
with tlieir credentials in due form.
On the 13th ultimo, at your request, 1 communicated to the Marquis of Salisbury,
by telegraph, your desire that the British Commissinners should proceed at onco to
Wasliington. Accordingly, Sir G. Baden- Powell left England for that i)urpose by the
first steamer, and arrived here with Dr. Dawson on the 1st of the mnntii. Thiy have
bLcn awaiting ever since to be placed in communication with the United States' Com.
missioners, and I trust that arrangements will be made for the meeting of the
Commission on Monday next for t'.io purpose indicated in the last paragraph of your
note under reply, although the British Commissioners came prepared, not for an informal
conference, but to proceed officially to business.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 3 in No. 226,
Mr. Blaine to Sir J, Pauncefote.
Sir, Department of State, Washington, February 6, 1892.
I AM in receipt of your note of this date, in which you give me the official notifica-
tion of the appointment of Sir G. Baden-Powell and Professor Dawson as Commissioners
on the part of the British Government on the .Joint Commission created in view of the
projjoscd fur-seal Arbitration.
In acknowledging your note, I deem it important to direct your attention to the
fact that the Government of the United States, in nominating the Commissioners on
its part, selected gentlemen who were especially fitted by their scientific attainments,
and who were in no wise disqualified for an impartial investigation and determination
of the questioi's to be submitted to them by a public declaration of opinion previous or
subsequent to their selection. It is to i)0 regretted that a similar course does not seem
to have been adopted by the British Government. It appears, from a document which
you transmitted to me under date of the 9th March, 1890 (Inclosure 4), that one of the
gentlemen selected by your Government to act as a Commissioner on its part has fully
committed himself in advance on all the questions which are to [be ?J submitted to
him for investigation and decision.
I am further informed that the other gentleman named in your note had, previous
to his selection, made public his views on the subject ; and that verj- recently he has
announced, in an address to his Parliamentary constituents, that the result of the
investigation of this Commission and of the proposed Vrbitration would be in favour of
'.lis Government.
I trust, however, that these circumstances will not impair the candid and impartial
investigation and determination which was the object had in view in the creation of the
Commission, and that the result of its labours may greatly promote an equitable and
mutually satisfactory adjustment of the questions at issue.
The Commissioners on the part of the United Slates have been instructed to put
themselves in communication with the British Commissioners, to tender them an apart-
[572] U 2
■ I r
148
ment at the Department of State for tlic joint conference, and, if it shall suit their
conveiiienci", to afjrce with them upon an hour for their first conference on Alonday
next, the i)tli instant.
It is proper to add that, «lion I indicated to you on the 13tli ultimo tiiat theBiitigh
Commissioner then in London niiji^ht come at once to Washington, T supposed that we
shouhl hcfore this date have signed the Arhitration Convention, and tlius have cnai)led
the Commissioners to proceed olliciaily to a discharge of their duties. Hut as it became
nccessaiv to await the approval of tiie ilrnft of tiiat instrument, wliicli you have forwarded
to London, I have interposed no olijection to preliminary conferences of the Cunimis-
sioner.s, anticipating the signaiure of tlie Convention williin a very brief period.
1 have, &c.
.■' ..,,•.• (Signed) JAMES G. BLAINE.
Inciosure 4 in No. 22G.
iS'ir J. Pauncefole to Mr. Blaine.
Sir, Washington, February 8, 1892.
I HAVE the honour to acknowledge the receipt of your note of the Gtii instant,
in which you observe upon the selection made by our respective Governments of the
members of the Joint Commission which is about to sit at Washington for the purpose
of investigating and reporting upon the facts b'vving relation to seal life in Behring's Sea
with a view to the proposed Arbitration.
The second paragraph of your note contains the following passage : —
"I deem it important to direct your attention to the fact that the Government of
the United States, in nominating the Commissioners on its part, selected gentlemen who
were especially fitted by their scientific attainments, and who were 'n no wise disqualified
for an impartial investigation and determination of the questions to be submitted to
them by a public declaration of opinion previous or subsequent to their selectiim. It is
to be regretted that a similar course does not seem to have been adopted by the British
Government."
While I have much pleasure in congratulating your Government on having secured
on their side the services of two such distinguisi ed gentlemen as Professor iMendenhall
and Dr. Merriam, I must express my surprise and regret that you should have thought
fit to refer in terms of disparagement to the choice made by Iler Majesty's Govern-
ment.
The British Commissioners, Sir G. Baden-Powell and Dr. Dawson, are gentlemen
whose scientific attainments and special qualifications for the duties intrusted to them
are too well known to require any vindication on my part. But you complain of the
fact that Dr. Dawson in 1890 wrote a ])aper on the protection of the fur-seal in the
North Pacific, in which he committed himself to certain views. This shows that he has
made the subject his special study, and it appears to me that he is all the more qualified
on that account to take i)art in the labours of the Joint Commission, which, I beg leave
to point out, is not a Board oi Arbitration, but one of Invesiigation.
Dr. Dawson's note on the fur-seal, to which you refer, was merely based upon such
published material as was at the time available, and 1 have his authority for stating that
he does not feel himself in any way bound to the opinions expressed from the study of
that material, in the light of subsequent personal investigation on the ground.
You likewise complain that Sir George Baden-Powell had, previously to his selection
as Commissioner, made public his views on the subject, and also that he is reported to
have stated in an address to his Parliamentary constituents that the result of the
investigation of the Joint Commission and of the proposed Arbitration would be in
favour of bis Government. Sir G. Baden-Powell is particularly qualified to take part in
the inquiry by reason of his personal investigation into the industrial part of the
question which he pursued in ISS? and 1889 in San Francisco and British Columbia.
From tlie first he has advocated in all his public statements a full iiuiuiry into the facts
of seal life in Behring's Sea before any final agreement should be arrived at, in order
that tlic views of all parties should he tested as to the best method of protecting seal
life. There is no just ground, therefore, for charging him with partiality. As regards
the language imputed to him on the occasion of an address which be recently delivered
to his constituents in England on the labonr question., it appears that some introductory
remarks, in which he referred to the Behring's Sea question, were inaccurately reported.
What he did state was that, thanks to the arrangement arrived at between the two
149
Govornments, the Behring's Sea difficulty would now be settled in the true interests of
all concerned, and not oi' any one side or the other.
I may inentii)n that the ()))iniuns of Professor Alendenhall and Dr. Merriam on the
fiir-seal question were ))ul)lishc(l in several journals in this country shortly alter their
return I'roui IJehrinjj's Sea, and were stated (I know not with what accuracy) to be
opposed to the views which have been urged on tlie side of Her .Majesty's Govern-
ment.
15ut I do not sufjjjest that the United States' Commissioners on that account are
disqualiried from lakiiii? part in the labours of the Joint dininiission ; I claim that all
the Coininissioners, British and American, arc c(iually entitled to the confidence of both
Governments as men of science, honour, and impartiality.
The course which has been adopted for ascertaininif what measures may be
necessary for the protection of the fur-seal species i'» substantially the! same as that
wiiich r had the honour to propo.se to you, on behalf of Her Majesty's Government,
nearly two years ago in the form of a draft Convention, inclosed in my note of the 29th
April, 1S<(0.
I rejoice that the proposal I then made is now to be carried out, and I cordially
unite in the hope, expressed in your note under reply, that the result of the labours of
the .loint Commission will promote an equitable and mutually satisfactory adjustment oi
the questions at issue.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure H in No. 226.
Mr. Blaine to Sir J. Pauncefote.
Sir, Department of State, Washington, February 9, 1892.
I HAVE been informed by the American Seal CommisMoners that, in an informal
meeting with their British colleagues yesterday, the latter expressed an unwillingness to
enter upon conferences of any other than an official character, and they therefore
proposed that their joint conferences be postponed until after the Arbitration Convention
shall have been signed.
I beg to state to you that the Government of the United States is very anxious to
e.Kpeditc as much as possible tiie consideration of the important questions submitted to
the Commissioners ; and in view of the fact that it regards the Arbitration Convention
OS substantially agreed upon, the American Commissioners have been instructed to
make known to the British Commissioners their readiness to formally arrange the
joint conference and proceed without further delay to the discharge of the duties
assigned to them.
I have, &c.
(Signed) JAMES G. BLAINE.
Inclosure 6 in No. 220.
Sir J. Pauncefote to Mr. Blaine,
Sir, Washington. February 11, 1892.
I HAD the honour to receive yesterday your note of the 9th instant, in which you
state that you have been infonned by tiie .\merican Seal Commissioners tiiat, in an
informal meeting with their British colleagues on the 8th instant, the latter expressed
an unwillingness to enter upon conferences of any other than an official character, and
they therefore proposed that their joint conferences be postponed until after the Arbitra-
tion Convention has been signed.
The British Commissioners, to whom I communicated your note, have informed me
that, at the prcUminnry conference ef the Commissioners on the 8th instant, they
discussed with their colleagues what work of a preparatory character could be got
through at once. The meeting was informal, according to the conditions laid down in
the hist paragraph of your note to me on the 'Ith instant ; and it was arranged by the
Commissioners to hold a second preliminary conference this d.ay at the State Depnrt-
ment, at 3 o'clock, at which they could discuss certain matters which they had undertaken
to consider ia the interval, and to do other preparatory work.
In consequence of your note oi the 0th inntant, the British Commissionera hope, at
tlio cnnfcrcnec to-day, to nrrangc with their colleagues that the joint conference HJiall
proceed to business foromlly.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No. 227.
Sir .7. Pauncefotr to the Marquis of Salisbury. — {Received March 1 .)
My Lord. fVashinrjton, February 18, lSf)2.
WITH reference to my p-occdinjj despatch of to-day. rclatinj,' to tlio Bchring's
Sell Joint Commission, I have the honour to inclose copies of an inforninl note
wliicli I received from 5Ir. Bhiine on the 12th instant respecting the refusal of the
British Commissioners to deal with the question of a modus vivendi, and of the reply
which I returned thereto. Also a copy of a letter addressed to me on the IStli instant
hy the British Commissioners, inquiring whether the Commission is authorized to
consider and report on measures of seal preservation within the territorial jurisdiction
of either Power.
I took the opportuity of a visit to the State Dep.iitmcnt on Monday, the 15th
instant, to sliow the last-mentioned letter to Mr. Blaine, who, after reading it, expressed
his surprise that, looking at the wide terms of the Joint Commission Agreement, the
(iommissioncrs should entertain any doubt as to the scope of tlieir powers ; and he
suggested that they should all be invited to meet him and me at the State Deiiartment
the following morning to explain their dilliculty. The meeting accordingly took place,
but ill! discussion was rendered unnecessary by the announcement that the American
Commissi(mers had, .since the date of the letter, arrived at the conclusion that they were
free to consider all meo-surcs, cen though they might relate to matters within national
jurisdiction.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 227.
Mr. Blaine to Sir J. Pauncefote.
My dear Sir Julian, 17, Madison Place, TTashington, Fcbiuary 12, 1892.
THK motive you have always urged upon me for assembling the Commissioners
on Seal Ki.sheries at an early date was th.nt they could provide a modus vivendi that would
be sufficient, wnile the Arbitration should go on with plenty of time to consider the
various points.
I w.ns surprised to hear that your Commissioners yesterday declined to discuss the
modus tioendi, on the allegation that that wius a subject reserved for you and me. This
puts an entirely new phase upon the work of the Commission, and largely diminislies its
vjilue.
Will you have the goodness to advise me of the precise scope of the work which
you have assigned to your Commissioners P
Very truly, &c.
(Signed) JAMES G. BLAINE.
Inclosure 2 in No. 227.
Sir J. Pauncefote to Mr. Blaine.
Dear Mr. Blaine, Washington, February 13, 1892.
IN reply to your letter of yesterday, I beg to state that, in my opinion, the British
Commissioners are right in holding that they have no power under their present mandate
to discuss the question of a modus vivendi for the next fishery season. Their authority
is limited by the terms of the Joint Commission Agreement, the text of which we signed
on the 18th December last. That authority is confined to reporting their views on
what Fishery '
arbitration. 1
one for the t
reason for th(
our Governnic
contended thai
autliority fron'
proposal you i
should a;;rec t(
Sir,
WE have
Commission hi
lapsed, and th
their (!ommisa
We are i
discussing ma
presume, be id
We agree
of State inter
authorixcd to (
vation in gem
jurisdiction of
Sit
(Telegraphic.)
bi:hri]S
this morning,
take place in '
(Telegraphic.)
IN reply
the Behring's
London than
by the Senate
ISl
whnt Fishery Regulations of a permanent character niny he necessary with a vioiv to
orbitrntion. The question of a modus vivendi peniiinjf the result of the Arbitration is
one for the two Oovcrnnicnts to discuss. I Imve certainly uriicd, as an additional
reason for the early mcctinj; of the Joint Commission, tiiat its Ifcports would furnish
our Governments with valuable materials for such discussion ; but it can hardly be
contended that the Commissioners can properly deal with such a cpiestion without s]i(.'cial
authority from their respective (Jovernments. I communicated to Lord Salisbury the
proposal you made to mo at our interview of the 2nd instant, tliat our two Govcruuicnts
should agtco to a modus vivendi, and I am awaitinjj his Lordship's reply.
Very truly, &c.
(Signed) JULL\N PAUNCEFOTK.
Inclosurc 3 in No. 227.
The Behring's Sea Commissioners to Sir J. Pauncefote.
Sir, Arlinijlon Hotel, Washington, February 13, 1892.
WE have the honour to inform you that our C()lleaa;ues on the Behiins's Sea .loint
Commission have to-day explained to us that their (iriginal letter of instructions has now
lapsed, and that they have no further instructions than those contained in the text of
their Commission.
We are now holding daily conferences, and are anxious not to waste time by
discussing matters outside the scope of our mutual instructions, which should, wc
presume, be identical.
We agreed with our colleagues to ask whether you would obtain from the Secretary
of State iiilormation as to wlielher the United States' Commissioners are, like ourselves,
authorised to consider, and, .if they see fit, to report in favour of, measures of seal |)resor-
vation in general, or whether they are rcstricied to measures outside the territorial
jurisdiction of either Power.
Wc have &c.
(Signed) ' GKORGE BADEN-POWELL.
GEORGE M. DAWSON.
No. 228.
Sir J. Pauncefote to the Marquis of Salisbury. — {Received March 1.)
(Telegraphic.) Washington, February 29, 1 Mt2.
BKH RING'S SEA. The Arbitration Convention was signed by Mr. Blaine and inyscll
this morning. Is it desired by your Lordship that the exchange of ratifications should
take place in Washington or in London ?
No. 229.
The Marquis of Salisbury to Sir J. Pauncefote.
(Telegraphic.) Foreign Office, March 1, 18'J2.
IN reply to your telegram of the 29th ultimo, the exchange of ratifications of
the Behring's Sea Convention could be carried out more expeditiously if made in
London than at Washington. You should telegraph when the Convention is approved
by the Senate.
US
• ■■ . No. 230.
TA*- Marquis of lialisbury to Sir J. Paunce/ote, ' ' '
Sir, Foreiyn Office, March X 1892.
1 HAVK received your (irspntcli of tlie IRtli ultimo, ineiosiii!; copies ol corre-
siiondcncc ^itii Mr. Hlaine in regard to tiie meeting of the .Joint Coininissioncrs appointed
under the Agreement of tlie I81I1 Deccinlier la-t to report on tiie facts having rila li( no
th'! preservation of seal lite in Beiirinp's Sea.
Your ])roeee(lings, us reported in tliai despatch, and tlie terms of your note to
Mr. Blaine of the 8th February, arc approved by Her .Majesty's Government.
I am, &c.
(Signed) SALISBURY.
No. 231.
Sir J. Pauncefole to the Marquis of Salisbury. — {Received March 5.)
My Lord, Washington, Februartj 1',\, 1S92.
I H AYE the honour to report that on the I5tli instant the President issued the
usual Behring's Sea Proclamation in the same terms as heretofore.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 231.
By the President of tue United States op America.
A Proclamation,
THE foiiowiiig ; rovisions of the Laws of the United States arc hereby published for
the information of I'li concerned : —
Seetior 1 •';.' f , Revised Statutes, Chapter 3, Title 23, enacts that : " No person shall kill
any otter, ir.iiil., marten, sable, or fur-s^eal, or other fur-bearing animal within the limits of
Alaska Territory, or in the waters thereof; and every person suilty thereof siiall, for each
ofTencc, be fined not less than 200 nor more than 1,000 dollars, or imprisoned not more
than si\ months, or bolh ; and all vessels, their tackle, apparel, furniture, and cargo, found
angaged in violation of this section shall be forfeited ; but the Secretary of the Treasury
shall have power to authorize the killing of any sueii mink, marten, sable, or other fur-
bearing animal, excej)! fur-seals, under such regulations as he may prescribe; and it shall
be the duty of the Secretary to prevent the killing of any fur-seal, and to provide for the
execution of the provisions of this section until it is otherwise provided by law; nor shall
he grant any special privileges under this section."
Section 3 of the Act entitled "An Act to provide for the Protection of the Salmon
Fisheries of Alaska," approved Mareii 2, 1889, provides that: —
" Section 3. That section 19.^0 of the Revised Statutes of the United States is hereby
declared to include and npfily to all the dominion of the Uniicd States in the wiiters of
Behring's Sea ; and it shall be the duty of the President, at a timely season in each year,
to issue his Proclamation and cause the same to be published for one month in at least one
newspaper, if any such there be, published at eacli United States' port of entry on the
Pacific coast, warning all persons against entering said waters for the purpose of violating
the provisions of said section ; and he shall also cause one or more vessels of the United
States to diligently cruize said waters and arrest all persons, and seize all vessels found to
be, or to have been, engaged ia any violation of the laws of the United States therein."
Now, therefore, I, Benjamin Harrison, President of the United States, pursuant to
the above recited Statutes, hereby warn all persons against entering the waters of Behring's
Sea within the dominion ol the United States for the purpose of violating the provisions of
taid section 1 956, Revised Statutes ; and 1 hereby proclaim that all persons found to be, or
to have been, engaged in
will be arrested and piinll
tafkle, a|)pari'l, liniiitiire
In testimony wliii('(
States to be ntlixcd.
Done at the city of
pendence of the United S
By the Presii
(Signed)
Sir G. Raden-I
(Telegraphic.)
WE have to-day, 4t
Unless instructed to
Sir J. Paunce^
My Lord,
Wnil reference to
of the notes exehanged b
therein referred to.
Sir,
ON the occasion o
draft of the Behring's S(
consideration of Her M:i
agree to a modus vivendi
the draft of the Arbitratii
him of your inquiry, and
Her Majesty's Governm
what modus vivendi you
Sir,
I AM in receipt of
bury cannot express any
we desire to propose.
1 am glad to hear tl
is impossible to conclude
hardly be able to enter u
Britain than on the part
In reply to your inq
same as last year in tern
[672]
TT
1/53
to have been, ongagcd in nny violntinn of tlic I. us nf tlic Unitpd Slates in said waters
will be arrested and pnnislied as aliinc piovidcil, o'ld tliiit all vessels so employed, tiieir
ta''l<le, apparel, (iirnitiire, and c'art{o('>, wdl lie .sci/cil ai"' I'lirreilcd.
In ti'stiinony wlicreoi' I have lieieuiito set iriy liaiid and eaiised tiie seal of the United
States to he nliixed.
Done at tlie city of \Vnsiiint;lon thi-i !"iili day ol' {'"ehruary, W.)'2, and ot tin' Inde-
pendence of the United States tiie 1 Itith.
(Signed) m':NJ. IIAHIIISON.
By tlic President :
(Signed) Ja:mi-,s G. ni,AINM:, Srcrrlnrii of !<IiiIp.
No. 2.12.
Sir G. Badrn'Powell to the Marquis of Salishuri/. — {Rpceiied March .1.)
(Telepraphic.) fVashimjlon, March A, 18'J2.
Wi'i have to-day, 4tlj Marcli, signed our Joint Report.
Unless instrncted to remain, we shall leave Washington next week.
No. 2.3.-?.
Sir J. Pauncefole to the Marquif o/ Salisbury. — (Received March 7.)
My Lord, Washimjlnu, Fchritari/ 20, ;S92.
WITH reference to my telegram of yesterday, I have the honour to inclose copies
of the notes exelianged between Mr. Blaine and myself on the subject of the modus virendi
therein referred to.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 1 in No. 2.3.3.
Sir J. Pauncefole to Mr. litnine.
Sir, n'ashington, February 19, 1892.
ON the occasion of our interview on the 2nd instant, when you handed me the
draft of the Pehring's Sea Arbitration Convention, which 1 forwarded to London for the
consideration of Her ATajesty's (iovernment, you asked me whether they were prepared to
agree to a modus vivendi for the next fishery season in Bchriiig's Sea. In transmitting
the draft of the Arbitration Convention to the Mar(|iiis of Salisbury I did not fail to inform
him of your inquiry, and I have now received a ri';)ly from his J,ordship to the effect tha*:
Her Majesty's Government cannot express any opinion on the subject until they know
what modus vivendi you desire to propose.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure 2 in No. 233.
Mr. Blaine to Sir J. Pauncefole.
Slf, Department of State, Washington, February 24, 1892.
I AM in receipt of your note of the 19th. You therein inform me that Lord Salis-
bury cannot express any opinion on the subject of the modus vivendi until he knows what
we desire to propose.
I am glad to hear that Lord Salisbury contemplates a modus, for it is obvious that it
is impossible to conclude the Arbitration within the time originally set. Indeed, we shall
hardly be able to enter upon it. The delays have been much greater on the part of Great
Britain than on the part of the United States.
In reply to your inquiry, the President suggests that the modus should be much the
same as last year in terms, but that it should be better executed. It was very ineffective
[672] X
i yrer2^^^
154
last year, for there was a larger number of seals in Behring's Sea taken then than ever
before. The vessels had already set out before tlie moihts was asreed to, and it was impos-
sible to give them notice in time to avoid their takins; seals, tier Majesty's Government
did not take such efficient measures as an earlier date tliis year will render practicable.
If Her Majesty's Government would make their ett'orts most elfective, the seaiin'^ in
the North Pacific Ocean siiould be forbidden, for there the slautrhter of the mothers heavy
with young is the greatest. This would require a notice to the large number of sealers
which are preparing to go forth from British Columbia. The number is said to be greater
than ever before, and without any law to regulate the killing of seals the destruction will
be immense. All this suirgests the great need of an effective modus, Holdinir an Arbitra-
tion m regard to the rightful mode of taking seals while their destruction goes forward
would be as if, while an Arbitration to the title to timber-land were in progress, one party
should remove all the trees.
I shall have to ask you to transmit the contents of this note to Lord Salisbury by
telegraph. Every day that is lost now entails great trouble upon both Governments.
I have, &c.
(Signed) JAMES G, BLAINE.
No. 234.
Sir J, Pauncefote to the Marquis of Salisbury. — (Received March 9, 11 'IS A.m.)
(Telesraphic.) Washington, March 8, 1892.
THE Acting Secixlary of State has to-day d('livi>red \r uu- on behalf of Mr. Blaine
(who is unwell) a note »u the subject of tlu; renewal of the modus Kivciidi, with a
request from the President that I should telegraph it to your Lordship. I accordingly
send a full summary ; —
[Ei'.r text of the Note sec luelosure 1 in Sir J. Paunccfotc's despatch of March 10:
infra. No. 243.]
No. 235.
The Marquis of Salisbury to Sir J. Pauncefote,
(Tele!»raphic.) Foreign OJ/icr, March 9, 1892, 6-30 p.m.
1 SIIOULD wish you to repeat to Lord Stanley your telegram of yesterday, about
Behrmff's Sea.
No. 23(5.
Sir J. Pauncefote to the Marquis of Saiisbury, — (Received March 9, lOv'
f.)
(Telc'jraphic.') Washington, March 9, IS99,
BEIIRING'S SEA Convention sent to Senate yesterday, and referred to Committee
on Foreifirn Affairs.
No. 237.
Sir J. Pauncefote to the Maujuis of Salisbury, — (Received March 10.)
My Lord, yVashingtnn, March ], 189; .
A\ ri'll reference to the (|Ucstion of the lenewal of the modus vivindi in Bebring's
Seo, I have the honour to inclose eG])y of the note which, upon receipt of your Lordship's
telegram of the 27tli ultimo, 1 addressed to Mr. Illiiine on the subject,
I have, &e.
(Signed) JULIAN PAUNCEFOTE,
Sir,
IMMEDl
renewal of tin
expressed, I tc
In that n
the time origii
Britain than o
of the Preside
terms ; that o
that " if Her I
the North Pac
After poi
an Arbitration
forward, wouh
one party slioi
1 have til
the following (
In the ti
delays have hi
States.
As regarc
senled to that
be daniier to t
the slauL'hter (
inent have ree(
consecutive si
Joint Commis
is eonecrned, t
sequence of tl
Nevertbo
for tills seasoi
i.l-an 30 nau;
^he restrictioi
niaxinnnn of
Lur.t Sal
tc an Arbitrat
parties, obscr\
that the case
Arbitration
be reproducet
Sir (
(Telegiai)hic.
WITH
season's limit
renewal of I
As the
Government
seals taken tli
The alt(
catch subject
20.000 (ill B
islands, ineiv:
heinir also in
I 572 )
166
Inclosure in No. 2 7.
Sir J. PauHceJ'ote tn Mr. Blaine,
Sir, Washington, February 29, 1892.
IMMEDIATELY upon the receipt of your note of tl;e 24tli instant, respecting a
renewal of the modus vivendi in Heliring's Sea, and in accordance with tlie wish therein
expressed, I tclcgra]ihed its contents to tiie Miinjuis of Salisbury.
In that note, after observing that it is impossible to coneiado the iVrbitration within
the time originally set, and thr.t the delays have been much greater on the part of (jreat
i3ritain than on the part of the United States, you proceed to inform me that in the view
of the President the new modus vivendi should be mucii the same as that of last year in
terms ; that owing to tlie earlier date this year it could be more effectively executed ; but
that "if Her Majesty's Government would make their efforts most effective, the sealing in
the North Pacific Ocean should be forbidden."
After pointing out " the great need of an effective modus," you state that " holding
an Arbitration in regard to the riglilful iriode of taking seals while tiieir destruction goes
forward, would be as if, while an Aibitration to the title to timber-land were in progress,
one party should remove all the trees."
I have the honour to inform you that I have received a ro[)ly fron Lord Salisbury to
tiie following effect: —
In the first place, his Lordship states that lie Ciuiuot in any decree admit that the
delays have been greater on the part of tJreat IJritain than on the part of the United
States.
As regards the necessity tor another modus rirendi, Her Majesty's Government con-
sented to that measure last year solely on the .ground that it was su])p()scd that there would
be (ian'.;er to tiie preservation of the seal species in ]5ehring's Sea unless some interval in
the slaughter of seals were prescribed both at sea and on lantl. But Her Majesty's Govern-
ment have received no information to show tiiat so drastic a remedy is necessary for two
consecutive seasons. On the contrary, the Uritish Commissioners on the Behring's Sea
Joint Commission have infornuHl Her Majesty's Government that, so far as pelagic scaling
is conecrned, there is no danger of any serious diminution of the fur-seal species as a con-
sequence of this years hunting.
Nevertbel; ss, Lord Salisbury would not objeet, as a tcnijiorary measure of precaution
for this season, to tiie proliibiiiuii of all killing at sea within a zone extending to not more
i.l-an 30 nau'.ieal miles aiouiul tiie I'lyliiiolf Islands, such jirohibition being conditional on
the restriction of the number of seals to be killed for any purpose on the islands to a
maximum of .'jO,flOO.
Lor.l Salisbury, referring to the passage in your note in which you compare the case
tc an Arbitration about tiinber-land from which the trees are being removed by one of the
parties, observes that he hardly thinks the simile (juite apposite. His Lordshij) suggests
that the case is more like one of Arbitration respecting the title to a meadow. While the
Arbitration is in progress, he adds, we cut the grass, <ind quite riuhtly, for the grass will
be reproduced ne.\t year, and so will the seals.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
ill
liV
.io-
No. '238.
Sir G. Jiudcn- Powell to the Muniuis of Salisbun:. — {Received March 10.)
(Telcgrapliie.) fVa shiny ton, Jlarcli t), 18!)'J.
WITH reference to (he modus vivendi, I am of opinion that the taking of one
season's limitetl crop cauiiot injure the seal herd, hut thai, although not necessary, the
renewal of h.^t year's prolnbilioii and the 7,500 limit would be iioiii'ticial.
As the Ailiitration Convention conililions ocean rights, 1 hope tlial tiie Canadiuu
Government has wa;;ic,l the British Coluinbian sealers that the ultimate owiiershii) o' the
seals taken this year in Hehrings Sea depends upon the verdict of the Arliitraturs.
The alternatives for the sealers appear to be either to incur the e.\peiise of the
catch subject to this risk, or to forego, vvilhoiil eomiiensatioii, one season's catch of, say,
20,000 (in Behring's Sea), on condition that 7,.>00 instead of .'^0,000 are taken on the
islands, increased numbers nl seals in future seasons, and enhanced prices for this spring,
being also insured by sucli restrictions.
167-')
\ 2
156
No. 239.
Sir J. Pauncefole to the Marquis of Salisbury. — {Received March 14.)
My Lord, Washimjlon, March 4, 1892.
I HAVE tlie lioiiour to iTieloso horcwith tlie Beliriii^'s Sc.-i Arljitratioii Conven-
tion, wliieli was sit^ncd by Mr. Hlainu and inys(>ir on tlio 2'.)tli February.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inelosurc in No. 239.
Treaty hctiieen Her Majes;ty and the United Stales of Aiurnc. /■
the Seal Fisheries in Behritu/s Sea. Signed at Washi ?■,
■''itration cjncerning
; ury'2<J, 1892.
JIER irajosty the Queen of the United Kingdom of i.ioat Britain and Ireland
and the United States of Anieriea, beins? desirous to j)rovideforan amicable settlement
of the questions wliieb have arisen between their respeetivo Governments coucernini»
the juris lictional rii^lits of the United States in tlie waters of Bebriug's Sea, and
eoneerniuE: also tlie preservation of tlie i'ur-se.'il in (u- baliitually resorting to the said
sea, and the riglitsof tlie citizens and subjects of eitlier country as regards the taking of
fur-seal in or habitually resort iui; to tlie said waters, have resolved to submit to
arbitration the questions involved, and to tlie end of concluding a Convention for that
purpose have ajipoiiited as tlieir resjieclive I'lenipotentiaries :
Her ilajesty tiie liueen of the United Kingdom of Great Britain and Ireland,
Sir .Tulian Pamieefote, G.C.^l.G., K.C.B., ller Majesty's Envoy E.xtraordinary and
^Minister J']eiii])oleiitiary to tlie United Stales; and (lie President of tlie United Stales
of Anieiifii, James G. Blaine, Secretary of State of the United States ;
AJ'ho, after having eommuiiieated to each other their respective Pull Povers. which
were iouiid to be in ilue and projicr form, have agreed to and concluded the fuilowiug
Articles : —
AR'J'ICLE r.
The questions which liave arisen between the Governn. 'iit oi Tlei' i>iinnnic
Majesty and the Government of the United States concerning the jurisdiciu d rights
of the United States in the waters of Behring's Sea, and concc-'Miig .'so ' iiu
preservation of the fur-seal in or habiliially reporting to the said s(?a, and tlio i'ii;ii s of
tlie citizens and subjirts of either eouiitry as resjards the faking of fur-seal in or
haliitually resorting to llie .said waters, sh;ill bi; Mibmilted to a Tribunal of Arbitration,
to be composed of seven Arbitrators, who shall lie apiiointed in the following
manner, that is to say: two shall lie named by Her Britannic Majesty; two sliail
be named liy the I'resident of the Unileil Slutes ; his E.xei^Ueney the President of
tlic i'reneli I'ejiublic shall be jointly re(piested by the High Contracting Parties to
name one; ills Majesty the King of Ualy shall hi! so reipiested to nanu! one; and Uis
ilajesty the King of Sweden and Norway shall be so re(|iiested t.' aame one. The
seven Arbitrator.s to be so named shall .le jurists of distinguished ■ : Jation in their
respective eoiintries.
In (ase of the dfath, absence, or ineajiaeity to serve of any or rii'. ,■ of ilie said
Arbitrators, or in the event of any or eillici'of Ce said .Arbifratois oniU,i.,w; oi'd( I'lining
or eeasiiig to act as such, Her Britainiie Majesiy, 'ir the I'ri'sidint of IIk Inited States,
or his E.xcelle'icy the President of I'reiudi 'U piiblie, or Hi.-'. Alajesty the King of
Italy, or His Majesty the King ol .-^.tedeii and >.'orway, as the case may be, shall
name, or shall be requested to nan .• iivtiiwith, r r,ther person to act as Arbitrator
in the ])laee and stead of the ArbiMiior origii.Mly /.imed by such liead of a State.
And in tli(> event of therefnsi.' or oriission f ir two months after receipt of the
joint request from the High Contracting Parties nf his Excellency the President of
the rrench Ilepiiblie, or Jlis ^Majesty ihe King of Italy, or His Majesty the King of
Sweden and Norway, to name an Arbiliator, either to fill the original appointment
or to fill a vacancy as aboM' provided, Ihcii in suili ease the a]ipoiiitinent shall bo
made or the vacancy shall be tilled in such manner as the High Contracting Parties
sliall agree.
The Arbi
counter-cases
examine and i
provided on 1
States respee
decision, shall
Each of
Tribunal as i
arbitration.
The prini
oflieial corrcs
duplicate to (
may be afttr
e.\eeeding tin
Treaty.
Within t
party may, in
the Agent of
and evidence
presented by 1
If, bowel
to be |H'esent
receipt by its
it requires ac
spondence, an
days bevond t
If "ill 1h(
alluded to an;
copy, such ]);
furnish that
through the
addiici.'d as e
dilivery of tli
may be, and
It shall
expiration of
deliver in dii
party a prin
which his Gi
Arbitrators 1
further eliieii
argiinient, or
shall be cut it
In d(>ei<
following fiv
embraee a di,-
1. What
what exclusix
aud up to the
FT"
157
ARTICLE II.
The Arbitrators shall nioct at Paris within twenty days after tlie delivery of the
counter-cases mentioned in Article IV, and shall ])ro('ee(l im])artially and carefully to
e> amine and decide the (jucstions that have Ix'eii or siiall he laid hefore them as herein
provided on the jjart of the Governments of Her Britannic ilajcsty and the United
Stales rcsnectively. All (|iiestions consider; d hy the Tribunal, including the fhial
decision, shall he determined hy a majority of all the Arhitrators.
Each of the High Contracting Parties shall also name one person to attend the
Trihunal as its Agent to represent it generally in all matters connected with the
arbitration.
, AllTICLE III.
The printed case of each of <he two ])arties, accompanied by the documents, the
ofiieial correspondence, and other evidence on which each relies, shall he delivered in
du])lica(c to each of the Arhitratuis and io the Agent of the other party as soon as
may be afttr the appointment of the members of the Trihunal, but within a period not
exceeding three mouths from the date of the exchange of the ratiflcations of this
Treaty.
ATiTICLE IV.
Within three momhs after the delivery on Iwth sides of the printed ease, either
]iarly may, in like manner, deliver in dujdicate to each of the said Arhitralors, and to
the Agent of the other ])arty, a tounter-case, a:ul additional docunients, correspondence,
and evidence, in reply to the case, ddcii'ncuts, correspondence, and (,'vidcuce so
presented by thi' other ]iarty.
If, however, in consecnienci- of the iiist.'iiiee wf the jilnee froju which tlu? evidence
to hi' ])resenled is to lie jirocnred, either parly shall, within thirty days after the
receipt hy its Aiiiiit of the ease of the other party, gi\e notice to the other jiarty that
it requires additional time for the delivery .if snob counter-ease, documents, corrc-
sj)ond(>nce, and evidence, such additional time so indicated, but not exce(>ding sixty
days beyond the three months in this Article provided, shall be allowed.
If in the ease submitted to the Arbitrators eitlier party shall have s])ocilied or
alluded to any report or document in its own i-xehisive possession, without annexing a
cojiy, such jiarty shall be l:(iund, if the other party tiiinks proper to ap]dy for it, to
furnish that jiarty with :>. copy tlu'i'i-of; and either [inrly may call upon the other,
through the Arhitrators, to pronuce the originals or certilieil coi)ies of any papers
adduced as evideiu'c, giving in each instance notiv'i" thereof within thirty days after
delivery of the ease; and the < riglnal (r cojiv so requrstcKl shall be delivered as soon as
may be, and within a period not exceeding forty dayts aitci recei])t of notice.
Mao^
AltTlt'Li: V.
It shall he the duly of I lie Vgeiit of each Jiarly, within one mfintli after the
expiration of the tinu; li'inled for the delivery of the cousilei-case on both sides, to
deliver in duplicate to each of the said Arhitrators and to the AgiMit of the other
party a printed argnnuMit shoving the jxiints and referring to the evidence upon
which his (ioveriiment i-elies, and either parly may also support the same before the
Arhitrators hy oral aigument of counsel; and the Arhilratoi's snay, if they desire
further elucidation with regard to any point, iiuiuire a wrillen or jiiinted statement or
argument, or oi'mI aiguinent hy counsel, ujion it; hut in such case the other 2)arty
shall be entitled to reply cither orally or in writing, as the ca.sc may he.
AKTICLE VI.
In deciding the matters suhinilted to the Arbitrators, it is agreed thaf the
foUowiuir live ])()iiits shall he suhniitted ti: them, in order that their award shall
embrace a dislinct decision upon each of said live points, to \^ it ; —
1, "What exclusive jurisdietion in the sea now known as the liehring's Sea. and
what exclusive rights in the seal lisheries therein, did Russia assert and exercise prior
aud up to tlie time of the cession of Alasku (o the United States r
!■
158
2. ITow far -woro these claims of jurisdiction as to the seal fisheries recognized
aud conceded hy Great Mriiain ?
3, AVas the hndy of water now known as the Uehrin!:,''s Sea included in the
])hras(' •' I'a'iifie Ocean," as used in the Treaty of 1825 hetween (Jreat Britain aud
Russia ; and what riu;hts, if any, in the IJeliring's Sea, were held and exclusively
exercised hy Russia alter said Treaty r
'1. Did not all the ri<!;hts of J{ussia as to jurisdiction and as to ihe seal fisheries
in Eehring's Sea east of Ihe water houudary, in the Treaty i)et\veen the United Slates
and I'ussia of the SOth ilareh, 18(37, pass unimpaired to the United States under
that Treaty r
5. Has the United States any rii^ht, and, if so, what rit^ht, of protection or
•roperty in the fur-seals frecjuentiui,' the islaiuls of tiie Unite<l States in Uehring
ea wheii such seals are fouiul outside the ordinary 3-mile limit r
ARTICLE Vll.
If the determination of the foregoing questions as to the exclusive jurisdiction
of the United States shall leave the suhject in such position that the concurrence
of Great Ihitain is necessary to tiic estahlishnient ol' Regulations for the ])r()per jjro-
tection and ])reserva<i()n of the fur-seal in, or hahitually resorting to, the Hehrijig Sea,
the Arhitrators shall then dct<'rniine Avhat concurrent Regulations outside the juris-
dictional limits of the respeetivi" Governments are necessary, and over what waters
such Kegulations sliould extend, and to aid tli(>in in that determination, tli(\ Report of
a Joint Commission, to he a|)])oinled hy the respective Governments, shall he laid
hefore them, with such other evidence as either Goveriunent may suhmit.
'Jhe High Contracting Parties Inrtliermore agree to co-operate in securing the
adhesion of other Powers to such llegulatious.
ARTICLE VIII.
The High Contracting Parties having found themselves unahlc to agree upon a
reference which shall inehuk! the (ineslion of tlie liahility of each for the injuries
alleged to have heen sustained hy tlu; other, or hy its citizens, in eoinieetion with the
claims presented ai'd lu-ged hy it; and, heiiii,' solicitous that this suhordiuate (piestion
should luit interrupt or loiig(>r delay tlie sui)mission and determination of the maiii
questions, do agree that either may suhmit to th(> Arhitrators any (|uestion of fa(!t
involved in said claims and a.sk for a iinding tiieri'on, the question of tlie liahility of
either Government upon the facts found to he the suhject of further negotiation.
ARTICLE IX.
The High Contracting j'arties having agreed to a])poiiit two Commissioners on
the part of each (Joverimient to make ihe joint investigation aiul Rc^port contemplated
in th(! preceding Article VII, and to include the terms of tin- said Agreement in the
present Convention, to the end that the joint aud several Reimrts and recommenda-
tions of said Commissioners may he in due form suhmitted to the Arhitrators, shoidd
the contingency therefor arise, the said Agreement is accordingly herein included as
follows : —
Each Government shall appoint two Commissioners to investigate, conjointly
with the Commissioners of the other Ciovernment, all the facts having relation to seal
life in Rehring's Sea, and the measures necessary for its ])ro|)er prohiction aud
preservation.
The four Commissioners shall, so far as they may he able to agnic, make a
joint Re))ort to each of the two Governments, and tliey shall also rejiort, ei(h( r jointly
or severally, to each Government on any points upon whi(;li they may he uiiahlf lo
asrree,
made public until tlu;y shall he submitted to the
that the eontiugeucy of their being used by the
These Reports shall not
Arbitrators, or it shall
Arhitrators cannot arise.
■ippcar
ARTICLE X.
Each Government shall pay tin; ex[)enses of its miMuhers of the Joint Commission
ui the investigation referred to in the preceding Artich-.
The decif
from the close
It shall 1
who may assei
Th(! deeis
Agent of Grci
the Agent of t
Each Gov
tion of the cr
the expense ot
connected wit
moieties.
The Arl)
appoint and e
The Higl
of the Tril»n
questions refc
The pres
President of '
Senate thereo
London withi
In faith
and have here
Done in
(Telegraphic.
I SlIOl
rec(!ived from
(Tele2;raphic.
iii;k "
consulted thf
renewal of i
8th instant. 1
of reference
The inf(
to helieve tin
any necessity
Reyond
States consid
claim to jur
to he protect
169
ARTICLJ'] XL
Tlic decision oi' tlio Tribunal slmll, if possible, 1)C made witbin three months
from tbe (dose of (lie arf,nimeiit on both sides.
It kIi.mU be made in vritinu; and dated, and shall be sii^ned by the Arbitrators
who may assent to it.
Till! decision sliall be in duplicate, one co])y whereof shall bo delivered to the
Agent of (rreat Ih'itaiii for his Government, and the other copy shall ho delivered to
the Agent of the United States for his Government.
ARTICLE XII.
Each Government shall pay its own .Vgent and jirovidc for the proper remunera-
tion of the counsel employed by it and of the Arbitrators ap|)ointed by it, and for
the expense of preparing and submitting its case to the 'i'lilmnal. All otlier expenses
connected with the arhitrntion shall be defrayed by the two Governments in equal
moieties.
• ARTICLE XIII.
Tlio Arbitrators sliall keep an accurate record of their proceedings, and may
appoint and employ the necessary officers to assist them.
ARTICLE XIV.
The High Contracting Parties engage to consider the result of the proceedings
of tli(! Trilmmal of .\rbitratioii, as a full, perfect, and final settlement of all the
questions referred to the Arbitrators.
ARTICLE XV.
Th(> present Treaty shall he duly ratified by Tier Britannic Majesty and by the
President of the United States of America, liy and with the advic(> and consent of the
Senate thereof ; and the ratifications shall be exchanged either at Washington or at
London within six months from the date hereof, or earlier if possible.
In faith whereof, we, the respective Plenii)otentiaries, hav(> signed this Treaty,
and have hereunto affixed our seals.
Done in duj)licate, at "Washington, the 29th day of F(>bruary, 18i)2,
(L.S.) JULIAN PAUNCEFOTE.
(L.S.) -TAMES G. BLAINE.
No. 210.
The Marquis of Halishury to Sir J. Pauncefote.
Washington, March 15, 1892
(Telegraphic.)
I SHOULD wish you to repeat to the Governor-General the telegram I
received from Sir G. Baden-Powell, dated the; '.)th March.
have
No. 241.
The Marquis of Salishunj to Sir J. Pauncefote.
(Telegraphic.) Forelijn Office, March 18. 1802.
llEI{ Majesty's Governnient have had under their consideration, aiul have
consulted the (jovernor-General of Canada in icgaril to, the ar,zunients in favour cf a
renewal of the modus riremli oi hist year, contained in ]Mr. Wharton's note of the
8th in.stant. the substance of which is given iii your telegram of that day. The necessity
of reference to Ottawa has caused a delay in retiirniiii; an ansi -.
The information which has reached ilei' .Majesty's Governnient does not lead them
to believe that, in order to pr(!\ent an undue ilimiimtion of the number of fur-seals,
any necessity exists I'or the suspension of sealing lor another yi ar.
Beyoiul this question, however. ] nnderstand that the Government of the United
States consider that, should frei' sealing be permitted this year, and tlie United States'
claim to jurisdiction in Behring's Sea be u])beld by the .Arbitrators, they have a right
to be protected from the loss that they will liavc suffered by the scaUug operations,
ir.0
ITcr Jliijcsfy's Oovornment do not dispiito that tlicvc will l)o some foundation for
tills fiiiilciitioii w !i('u tin; Arbitral ion ALrrcfinciit lias been riitilicd.
But tlicri- i.s this dcrcct in tlio prohibition of all scalint,' as a romody, that if tlip
British contention shall he uphold liy the Arbitrators, there may bo i^rouiid tir)r
complaint on the part of the Britisli sealers who will have he(!n excluded from
BehriiiEf's Sea.
rurther, no security exists that the Arbitrators will have given their decision
before the; sealing seasoTi of 1893 arrives.
As you are awai-e, there has been an arbitration pending for four yt s betiveon
this country, the United States, and Portugal, which is not yet approaching ».onelasion.
Serious damage would bo caused to the sealing industry by a suspension of
hunting for a prolonged period.
As a more equitable arrangement, might it not l)e agreed that sealing-vcssels shall
be at liberty to hunt in Behring's Sea on condition that security is given by the owner
of each vessel for satisfying the award of damages, if iiiy, which the Arbitrators may
eventually pronounce ?
No. 212,
Lord Knut.iford to Lord Stanley of Preston. . •
(Telegraphic.) Downing Street, March 18, 1892.
1' LEASE direct the proper port authority at all harbours on tlie Pacific coast to
inform owners who are clearing oi- have cleared this year for Behring's Sea that Her
Majesty's Government and tlie United States' (lovernment have agreed, 8ubj(;ct to the
ratification of the Senate, to submit to arbitration tlie (luestion wlietlier seal(>rs iiavc
a right, without permission of tin; United States, to seal in the eastern half of
Behring's Si'a, east of the Ihissian line, and that it is ])ossii)le the sentence of the said
Tribunal may b<' given within the present fishing season, Moreover, that both ller
^lajesty's Government and the United States' Government have made propositions for
intermediate Eegulations restraining the catch of seals in (he said waters in ease the
said Arbitration Agreement should be ratified. Neither the Arbitration Agreenumt nor
any intermediate Agreement have yet l)een definitively ado])ted between the two
Governments, and whether they are adojited, and at what date, is n(>cessarily a matter
of uncertainty. But notice is hereby given to all sealers proposing to seal in the said
waters that tiiey do so at their own risk, and after warning of tlie liability to inter-
ruption to which they may be exposed in consequenci; of either of the said
Agreements.
::o. 213.
Sir J, Pauncefote to t'>e Marquis of Salisbury.* — {Received March 21.)
My Lord, Wushington, March 10, 1892.
WITH reference to my telegram of the 8tli instant, I have the honour to
inform your Lordship that I called by recpiest at the State Department on 'i'uesday
afternoon, where, owing to the illness of iMr. Blaine, I was received by Mr. Wharton, the
Acting Secretary of State, who put into my hands a note, copy of which is inclosed
herewith, containing the reply of the United States' Government to my notes of the
29th ultimo and 7th instant respectively, on the subject of tlie renewal of the modus
Vivendi in Behring's Sea.
Mr. Wharton informed me at the same time that he had been instructed by
the President to request me to telegraph the whole of this note to your Lordsliip.
1 pointed out to Mr. Wharton tliat I could hardly telegraph verbatim a note of such
great length, and he replied that he thouglit it would be sufficient to telegraph all tlio
leading arguments contained in the note, wiiicli I promised I would do.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
* Subitance tetrgraphed.
Sir,
I AM di;
29th February
Her Majesty's
seals in the I
Government ar
seal tishcrics tl
The Unit
Behring's Sea,
take the seals
controversy, it
a Tribunal of I
The judgment
time to control
the sealing sea
nothing of in
contention of i
by the Canadii
ment in its ju
but affects the
AVas it ev
an individual,
less the body (
Usually a Con
income of iht
Salisbury, reje
like one of ar
we cut the gri
will the seals."
He can h
regarding the
any standard i
gains of a ha
was afterwardi
will have an
the use of tin
meadow is to
United States
not iloat ovci
the seals not
lost.
This Go\
Great Britain
of its jurisdi<
The attempt
failed, becati^
liability to ii
should be sub
attitude of th
In my ii
Governmont
injuries done
vessels flying
invade the 15^
the subject
requires that
vessels, if th
commission t
master, or ev
cncouragcnic
his presence
[572''
if!
161
Inclosure in No. 243.
ActiiKj Secretary Wharlon to Sir J, Pauncefote.
Sir, Department of Slate, Washington, March 8, 1892.
I AM directed liy the President to ssiy, in respotise to your two notes of the
29th Fehninry iind Ttli Alarcli, that he notices witli the deei)est rejiret tlie indisposition ot
Her Majesty's GoverniiKMit to ajjree upon an ell'eetive modus- for the jireservation of the
seals in the IkdiriiiK s Sea pcndin'; the settlement of the respective rif^hts of that
Government and of the Government of tlie United States in these waters and in the fur-
seal fisheries therein.
The United States claims an exclusive rijj;ht to take seals in a portion of the
Behring's Sea, while Her Majesty's Government claims a coiimiou right to pursue and
take the seals in those waters outside a -'i-mile limit. This .serious and protracted
controversy, it has now been liajjpily agreed, shall he sulimitted to the determination of
a Tribunal of Arbitration, and the Treaty only awaits the action of the American Senate.
The judgment of the Arbitration Tribunal cannot, however, he reached and stated in
time to control the conduct of the respective Governments and of their citizens during
the sealing season of 1892; and the urgent question now is, What does good faith, to say
nothing of international comity, re(iuire of the parties to the arbitration ? If the
contention of tiiis Government is sustained by the Arl)itrators, then any killing of seals
by the Canadian sealers during this season in these waters is an injury to this Govern-
ment in its jurisdiction and property. The hijury is not measured by the skins taken,
but affects the permanent value of our jirojierty.
AVas it ever heard before that one jiarty to such a <;ontroversy, whether a nation or
an individual, could ap))ropriate the whole or any ])art of the income and profits, much
less the body of the contested jtroperty, pending the litigation, without accountability?
Usually a Court of Chancery would place a receiver or trustee in charge, and hold the
income of the property for the benefit of the prevailing party. You say that Lord
Salisbury, rejecting the illustration used by Mr. Hlaine, "suggests that the case is more
like one of arbitration respecting title to a meadow. While the arbitration is going on
we cut the grass ; aiul ()uite rightly, for the grass will be reproduced next year, and so
will the seals."
He can hardly mean by this illustration that, being in contention with a neighbour
regarding the title to a meadow, he could by any precedent in the Equity Courts or by
any standard of common honesty be ju.stified in pocketing the whole or any part of the
gains of a harvest without accountability to the adverse claimant whose exclusive title
was afterwards established. It is no answer for the trespasser to say that the true owner
will have an undiminished harvest next year. La.st year's harvest was his alsc If by
the use of the plural pronoun his Lordship means that the harvest of the contested
meadow is to be divided between the litigants, I beg to remind him that the title of the
United States to the I'ribylofF Islands has not yet been contested, and that our flag does
not float over any sealing-vessel. The illustration is inapt in the furtlier particular that
the seals not taken this year mav be taken next, while the grass must be harvested or
lost.
This Government has already been advised in the course of this correspondence that
Great Britain repudiates all obligations to indemnify the United States for any invasion
of its jurisdiction, or any injury done to its sealing property by the Canadian .sealers.
The attempt to make a damage clause one of the Articles of the Arbitration Agreement
failed, because Her Majesty's Government would not consent that the question of its
liability to indemnify the United States for the injuries done by the Canadian sealers
should be submitted. Two extracts from the correspondence will sufficiently recall the
attitude of the res])eclive Governments.
In my note of the 2;5rd July I said ; ''The President believes that Iler Majesty's
Government may justly be held responsible, under the attendant circumstances, for
injuries done to the jurisdictional or property rights of the United States by the sealing-
vessels flying the Briti>h Hag, at least since the date when the right of these vessels to
invade the Behring's Si i and to ]iursue therein the business of pelagic sealing was made
the subject of diplom.itic intervention by Lord Salisbury. In his oi)inion, justice
requires that Her Majesty's Government should respond for tiie injuries done by those
vessels, if their acts arc found to have been wrongful, as fully as if each had borne a
commission from the Government to do the act complained of. The presence of the
master, or even of a third person, under circumstances calculated and intended to give
encouragement, creates a liability for trespass at the comnum law, and much more, if
his presence is accompanied with declarations of right, protests against the defence
L572T Y
n li
w^O-
162
which tlif owner is I'lideavourin^ to make, and a declared purpose to aid the
trespassers if they are resisted. I'lie justice of this rule is so ajjparent that it is not seen
how, in tiie less technical 'l''rii)una] of an international arhitration. it could be held to be
inapplicable.
"The United States iniu;ht well insist that Her Majesty's (JoveniniiMit should admit
responsibility for the acts of the Canadian sealers, which it luis so directly encouraj^ed
and promoted, precisely as in the proposal the United States admits responsibility for the
acts of its revenue vessels. But, with a view to remove what .seems to be the last point
of difference in a discu.ssion whicli has been very much [jrotracted. the President is willing
to modify his proposal, and directs me to oiler the f()llo»in<;: —
"The Government of (ireat Britain havinj^ presented the claims of its subjects for
compensation for the seizure of their vessels by the United States in Behrinjjj's Sea ; and
the Government of the United States havin;^ jjresentod, on its own behalf as well as of
the lessees of the privilege of taking seals on the Paibyloif Islands, claims for compensa-
tion by reason of the killinji^ of seals in the BelirinKS Sea by persons acting under the
protection of the British flag, the Arbitrators shall consider and decide uijon such claims
in accordance with justice and eciuity, and the respective rights of the High Contracting
Powers, and it shall be comjietent for the Arhitriitors to award such compensation as, in
their judgment, shall seem equitable."
In your note of the 17th October you say : —
" 1 regret to inform you that Her Majesty's Governmeiu, after the tulle.st con-
sideration, have arrived at the conclusion that this new clause could not properly be
assented to by them. In their ojtinion, it implies an admis.sion of a doctrine respecting
the liabilities of Governments for the acts of their nationals or other ])ersons sailing
under their flag on the high seas, for which there is no warrant in the law of nations.
Thus it contains the following words : —
"'The Government of the United States having presented on its own behalf, as
well as of the lessees of the privilege of taking seals on the Pribylylf Islands, claims for
compensation by reason of the killing of seals in Behring's Sea by persons acting under
the protection of the British flag, the Arbitrators shall consider and decide upon such
claim.'
"These words involve the jn'oposition that Her Majesty's Government are liable
to make good losses resulting from the wrongful action of persons sailing outside their
jurisdiction under the British flag. Her Majesty's Government coidd not accept such a
doctrine."
The President cannot believe that, while holding this view of its accountability, the
Government of Great Britain will, pending the arbitration, coimtcnance, much less
justify or defend, the continuance of ])elagic sealing by its subjects. It should either
assume responsibility for the acts of these sealers, or restrain them from a pursuit
the lawfulness of which is to be determined by the arbitration.
In your note of the 29th February you state that Her Majesty's Government has been
ih/ormed by the British Commissioners "that, so far as pelagic scaling is concerned, there
is no danger of serious diminution of the fur-seal species as a conseciuence of this year's
hunting," and upon this groimd Lord Salisbury places his refusal to renew the vwdus
of last year. His Lordshi]) seems to assume a determination of the arbitration against the
United States and in favour of Great liritain, and that it is already only a ([uestion
of so regulating a common right to take seals as to preserve the sj)ecies ; by what right
does he do this ? U])on what ])rinciple does he assume that if our claims are established,
any diminution of the seals, whether .serious or not, during this season, or indeed, i>ny
taking of seals, is to be without recompense r In the ojiinion of the President, it is not
consistent with good faith that either ])arty to an arbitration should, pending a decision,
in any degree diminish the value of the subject ot arbitration (>r take any profit from
the use of it without an agreement to account.
Before an agreement for arbitration hud been reached, the prohibition of j)elagic
sealing was a matter of comity ; from the moment of the signing of that Agreement it
became, in his opinion, a matter of obligation.
During the season of ISiil, notwithstanding the restrictions resulting from the modus
adopted, the Canadian sealers took, in the J>ehring's Sea alone. l.'8,7();} .skins, or nearly
four times as many as the restricted catch u])on our island. This Government is now
advised that fifty-one vessels from British '' uimbia and si.xteen from Js'ova Scotia have
sailed, or are about to sail, for the Behrin; :'ea to eiignge in taking seals. This large
increase in the fleet engaged maUcf it certain, in the absence of an elVcctive restrictive
agreement, that the destruction of seal life during this season by pelagic sealing will
be unprecedented, and will, in the opinion of our Commissioners, so nearly destroy the
ralue of the set
be a worthy sul
The propoi
zone extending
obviously inade
tain it. In the
method was tei
Mr. Blaine,
inadequate, ant
furnished by y
that if seal hun
open ocean, wli
many cases to
tackle."
This was i
but it is quite i
of fogs in thcs(
Lordship again
The Presi
that the rcstric
to be appropi
controversy wa
consent to renc
demands, and i
prohibited wat(
cleared.
This Gov(
has been agrei
not seek to av(
to be unlawfu
defence, by su
claimed by it ]
if awarded, shi
(Telegraphicl
U.VST n
note eniliodyi
th(! Behring's
your liordshii
Tlu> Prci
e.xtreine grav
vitendi will b(
by much I'lir
uicating with
have linst('ne(
vivciidi being
measures be
seals to the v
arbifration pi
larger percet
ami (lisnpiioii
suspension o
the iindn."
should eon (in
of the Unite(
President is
agreed to h\
submil them
of the other
57
[572]
163
value of the seal fisheries as to make what will rcmnin of so little value as scarcely to
be a worthy subject for international arbitration.
The proposition of Lonl Sal'shui v. to jiroliiliit the killing of seals at sea •' within a
zone extenilini; to not more than ;!(» nautieal miles aroiiml the Prilivloli' Islands," is so
obviously iiiaile(|Uate anil so ini|)ossiii|c ot' excculioii that this (iovernnient cannot enter-
tain it. In the early part ol' the discussion of the suliject of a ninilux for last year this
method was tentatively suijifested, amon^ others, in conviTsation between yourstdf and
Mr. Blaine. But it was afterwards, in eil'eet, aiireed by l)otli (Joverunients to he
inadequate, and was not nfjain referred to in the correspondence. In the Memorandum
furnished hy you with y()ur note of the Otii .lime you say. • Lord Salisbury points out
that if seal huntinj; be ])rohibited on one side of a jmrely imaginary line drawn in the
open ocean, while it i.s permitted on the other siile of the line, it will be imjiossible in
many cases to prove unlawt'ul .sealing, or to infer it from tin; possession of skins or fishing
tackle."
This was srid with reference to the water boundary of our purchase from Russia,
but it is quite as applicable to the .'5()-mile zone wliich he now suirRcsts. The prevalence
of fogs in these waters gives increased force and conclusiveness to the point made by his
Lordship against an imaginary water-line.
The President cannot agree, now that the terms of arbitration have been settled,
that the restrictions imposed shall he less than those which both (Jovernmcnts deemed
to be appropriate when it was still uncertain whether an early adjustment of the
controversy was attainable. He therefore hopes that Her .Majesty's Government will
consent to renew the arnMigement of la-t year with the i)romi)tiu'ss which the (exigency
demands, and to agree to enforce it by refusing all clearances to s^.tiliner-vcssels for the
prohibited waters, and by recalling from those waters all such ve-i-els as have already
cleared.
This Government will honourably abide the judgment of the High Tribunal which
has been agreed upon, whether that jiidgmeiit be favourable or unfavmirable ; and will
not seek to avoid a just responsibility for any of its acts which hy that judgment are found
to be unlawful. But certainly the T'nited States cannot be e.vpected to suspend the
defence, hy such means as are within its power, of th(> property and jurisdictional rights
claimed hy it pending the arbitration, and to consent to receive theni from that Tribunal,
if awarded, shorn of much of their value by the acts of irresjiousible persons.
I ha\ V, &c.
(Signed) AVll.LIAM F. WHARTON.
No. 21.1.
.Vi> J. Pauncefote tn the Mmquis nf Snli/<hurii. — {Received March L!4.)
(Telegraphic.) Wnshiiujtoi,. Mnrch 23, 1S!)2.
L.AST iiiirht I received the i 'jily of the Viiited Statrs' Goveriiinent to my
note eiiibodyiiig the subslanc.' of -.our Lordship's ti'lcii'i'aiii of thel^th instant on
the Behring's Sea (|uestioii. The I'n'siilenl nM|uesti'ii that it should he leleuraplied to
vour Lordship. The sii!).-<iaiice of it is as follows : —
The President iiad givee. iinniediate attention to my noic, on Mceoiuit of the
extreme gravity and ui'gency of the mat ter, growing out of the fact that any modus
Vivendi will be maih- inelVectiial for the jiroteelion of the interests of the United States
1)V much further jn'oti'aelion. and that, hy reason of the impossibility of cominii-
nicatiiiii: with the Canadian sealers, immunity will be given to tluMii. These vessels
have hastened tli("ir departure, as is known, in ordi'r to escape notice i)\' i\n\ iiiodui--
vivpiidi being served upon them. rorty-se\('ii vessels have already cleared, and if
measiiri's he not taken to slo|) them, they will pursue the slaiinliler of gravid female
seals to the very shores of I be hrci'ding islands. This is a eriinc against iiatiin'. If the
arbitration [n'oceeds, the Inited States' Government (^xjiect to be able to show that the
larger jiercentage of the pelagic catch consists of female seals. It is surprising
and disappointing, in view of the above, that your I^ordship should assume that
suspension of such sealing for another year is not necessary, in order to jirevent
the uiuli).' diminution of the soal-herds, and that you should insist that it
should eonlinue. If Her M.ajesty's (iovernmeut pays so little regard to the conten'ions
of the liiiled Stales' (iovernnu'iit as to refuse to respi'ct iheni for a single seaso i, the
President is unable to understand for what reason it should have been ])r()('~ . and
a"reed to hy your liordship to give them the status iin|died liv the agtvenicnl to
submit them to arbitration. It was open to ni'llbei- pai'ty to disregard the conleiitiim
of the other from the date of the siu:nature of the above .\greemeiit. It must he
[572] V 2
>0-
l(il
nssimu'd tliiit tin- oljjcct wliicli tlu" two (iovfniiiiciits liiul in view was tlic iiroinotion of
{;o()(l-will ,'111(1 iii'acc liiit ; il'. wliilc iirMtratiou is pciiiHiit,', tlif siiliji'ct-mattcr is dealt
with iiv citiicr of tiicm on tlii' liasi-^ of its own coritciitioM only, this purpose is not
attained; on tlie contrary, anil even if it should he possilile under sueli ciirunistances
to ])roceed with tlu> arhitnition, ti new sense of injiirv and injustice is added.
if Her Jlajesty's Cioverniiient ])rocee(ls this season on the hasis of its contention as
to the riu;hts of the Canadian sealers, no choice remains for the United Slates Init to
proceed on the basis of their ow n conlident content ion, that pelaific sealing is an infraction
of its jurisdiction and projirietary rights. This, in the opinion of the President,
constitutes the !,'ravity of the situation, and lie is not willinf; to lie found
responsilde for such results as may follow from im insistance on the part of either
Government duriiuj; this huntiny: season on the extreme ritfhts claimed by it. The two
s^rent Uovernments interested in the question would be discredited in the eyes of the
world if the friendly adjustment of their dilliculties, which is so nearly concluded,
were to lie thwarted, or even disturbed, on account of the paltry profits of a siiiijle
season. But if your Lordship jiersists in refusiiii; to join the Government of the
United States in stoppint; pchii^ic sealinj; promptly, and insists upon the maintenance
of free sealiiii; for British subjects, tlie (|uestion no loiifjer is om' of pecuniary lo.-'s or
ijain, hut ow. of honour and self-respect, so far as it alTects the Government of the
United Stjites.
'['111! I'nited States have proposed to take no profit from the island catch, notwith-
staiidiiii,' that their rii,'lit to taki; seals on the isl.'iiids is neither disjiuted nor invoJviHl
in the arbitration, and to enj,'ai;e that the lake slioiild be limiteil to the necessities of
the natives. "Whether with or witiiout indemnity, they an; unable to consent that the
riijlits of liritish subjects in Behrintc's Sei, which are contested, shall continue to be
exercised while arbitration is pendini;. Tlie President finds it dilficult to believe that
your Jiordslii|i is serious in ]iriiposini; that bonds ai,'ainst the injury which may be
inflicted on the jurisdieticin or ]iro|ierty of the United States shall be taken by th(^
United States' Government from the owners of about lO') ("anadian vessels, and he
must decline to discuss a sutfu;estion which only his respect for your Lordship, and his
belief tlifit the ''ravitv of this diseiissicjii is fulh realized liv voiir Uordship, (>nal)lus him
♦:o treat seriously.
In order to secure tlii' ]iroposed bonds, the United States wnuld have to pursue
o\iiers iip(>n the sea, and as tlie condition is to be that "any damaijes which the
Ai'l)itrators shall adjudt;(^" shall be jiaid by the owners, while no power to adjudi^o
su";!) (lamai;es is f^iven to the Arbitrators by the Treaty, the transaction would be of
no rahie to the United States, and without risk to the owners. Kut however adequate
the security olfered, the U'nited States' Government cannot consent to have its rit^hts
impfi.red, pendini; their determination by a Tribunal of Arbiti'ation. Tli(> reference in
Mr. JMaine's last note to the inconsistency of Her .Majesty's (.iovernment in denying;
responsibility for the acts of Canadi.an sealers was nrit meant to iinjily that tin? United
States would be willing to consent to the conversion of their property into a (daim for
damages, ]iarticularly as the Arbitrators cannot determine such a claim unless the
Treaty be revised. Your Lor(lslii[) should bear in mind, whilst making your present
proposal, that the fact of the Arbitrators not having jurisdi('tion as to damages is the
result of concessions made by the l.iiited States' Govcu'iimi'iit to your views.
The I'resident fails to sec how claims cm, by law or equity, Ik- brought by subjects
of cither PoAver against their respective Governments, on account of restraints imposed
with a view to the promotion of the public good or of international peace. There is
full provision in the Treaty itself ai;ainst tli(; suggestion, that the conclusion of the
arbitration will not be reached before t Ik; season of lS',);i. As to the Delagoa Bay
Arbiti'ation, your Lordship is in error in thinking that it has been iiroceeding for four
years. It dates from a period of less than oik; year ago. if the 'I'reaty is promptly
ratified, mutual interests will hi" a sullicient guarantee against (l(>lay. The sole obstacle
to such a consummation is the prevalent belii^f, that Great Britain's refusal i'l preserve
the stiilus quo of the projierty, .'ind her insistance on contiinciiee of jielagie sealing
during the arbitration, to the injury of the rights of the United States, largely defeats
the object fo-. which the Treaty was made.
The note ends with the following words : " The I'residint directs m(! to .say,
in conclusion, that the modus vii'di:li of last year is the least that this tjoverninent can
accept. In reason, tlie restraints after a Treaty of .Arbitration should be more
absolute, not less, lie does not desire to protract the discussion, and having now,
in the most friendly spirit, submitted the considerations which support the just demand
of this Government, that the property which is now the subject of an agreed arbitration
shall not iie siil
Lord Salisbury
vivniill. 'I'lie I'l
to assert a rigli
for the settlem
been pointed oi
to use every mi
and jurisdictioi
(Telegraphic.)
IN reply 1
Notice ha
both the Agret
the United St;
ment — may at
notice of their
The quest
Inform I'l
been ratified t
governed by t
ratified both y
other, which li
We think
Ih'itisli sealer^
Slates. AVe a
arrangement s
Arbitrators sIk
damages wliie
during the pi
dreat Britain,
the jiendeney '
As an al'
to prol'i lit se
which jiroduc
Arbitrators m:
to receive tin
slaughter on t
Her Maj
methods of rcj
will he equita
(Telegraphic.
AVITII 1
I am not
objected to t
the i)arty ag.'i
Government 1
a reference oi
That in
that Governi
Government
a wroiiL'ful lo
That in
United States
Government
wrongful loss
incurred ther
16S
shall not ho subject to spoliation pciidini,' the nrbitratioii, lie cxpn-ssos the hope that
jjonl Salisbury will i,'ivi' a pronipt and iVicndly assent to the renewal of tlie modus
vivrnili, 'i'lie {'resident will hear with reijret tliat ller .Majesty's ( ioverninent continues
to assort a riiclit to deal with tliis subject precisely as if no provision had I n niado
for the settlement of the dispute ; and in tb;it event, this (lovernnii-nt, as iias already
been pointed out, will be corn|)(dled to deal wilii tin.' subject upon the same basis, and
to use every nu'ans in its power to protect from destruction or serious injui'V projicrty
and jurisdictional rights which it iias lont; (duinied and cnjoyi^d."
|;
No. 215.
I'hc Mnr(iiits of Siiliahuri/ In Sir ./. Piiiiiiciitilc.
(Telof^raphic.) Foreiijn Office, Mnrrh •21), 1S92.
IN reply to your telegram of the 23rd instant.
Notice has been f^iven to the owners of ships sailing for l{chring's Sea, that
both the i\grccnients which ari' at present under discussion bet we i; (heat Jiritainand
the United States — that as to Arbitration and that as to an intcrnu'diate arrnii^e-
nient — may alfccl the liberty of sealing in Hehring's Sea. Tiiey have, therefore,
notice of their liability to possible interruption, and will sail subject to that notice.
The (picstion of time is not, therefore, urgent.
Inform ['resident that \V(! i^oncur in thinking that when the Treaty shall have
been ratilied tiiere will arise a new state of things. U til it is rititied our conduct is
governed by the language fif your note of tiie 11th .hme, l^Di). Hut when it is
ratified both parties must admit that contingent rights have b-eonie vcsti.'d in the
other, which both desire to protect.
We think that tin; prohibition of sealing, if it stands alone, will be unjust to
Hritish scalers, if lh(! decision of the Arbitrators should be adverse to the United
States. AVc ar<', however, willing, when the Treaty has been I'atilied. to aijrce to an
arranijeinent similar to that of last year, if the United Slates will consent that the
Arbitrators should, in the event of a decision adverse f) the United Stati's, assess tlu;
damages wbiidi the |)roliibition of sealing shall have; inllicled on Uritish scalers
during the pendency of the .Arbitration ; and, in the event of a decisioii adverse to
iireat Britain, should assess tin; damages which the limitation of slauu^hter shall, during
the pendency of the Arbitration, have inflicted on the United St'ites or its lessees.
As an alternative course we arc also willing, after the ratiliealion of the Treaty,
to prohibit sealing in the disputed wati-rs, if vessels be exce[)ted from tin; prohii)ition
which ])ro(lueo certiticate that they have given security for sin'h damages as the
Arbitrators may assess, in cast; of a decision adverse to Great Britain; the Arbitrators
to receive the necessary authority in that behalf. In this case the restriction of
slaughter on the islands will not, in pi)int of en ,_ be necessary.
Her il.ajcsty's (iovernment are tmable ,. (■ any other than one of ihesc two
methods of restricting scal-himting in the disputed waters during tin; Arbitration, whi(di
will be equitable to both parties.
No. 21G.
The Marquis of Salisbury tn Sir ./. Paunrofole.
(Telegraphic.) Forviijn OJ/ir», Mnrrh 20. 1802.
WIT'II further reference to your telegram of the 2.'5rd instant.
I am not pnipartnl to admit, as I gatlHU- that the President thinks, that we have
objected to the Arbitrators having jurisdiction as to damages inllicted in the past by
the party against wliom the award is given. I only objected to make Her Majesty's
Govcmn'ient liable for acts which they have not committed. I am ready to consent' to
a reference on this point in the following terms :
That in case the .Vrbitrators .shall decide in f.avour of th(> JUiiisli (Jovcrnnieut,
that Government may ask them, further, to decide whether the United States'
Government have since ISS.j taken any action in J5ehring's Sea directly indicting
a wrongful loss on Uritish subjects, and, if so, to ass(>ss the daninge incurred thereby
Tliat in ea.se ttie Arbitrators shall decide in f.avour of the Government of 'the
United States, that Government may ask them to decide, further, wlicther the Uritish
(jovernment have since 188.') taken any action in Uehring's Sea directly inflicting a
wrongful loss on the United States or its lessees, and, if so, to assess"^ the damage
incurred thereby.
IflO
APPENDIX.
Colonial Office to Foreiijn Office. — {lieceived March 2.)
Sir, Downimj Street, March 2, 1892.
WITH rofcroiici' to previous rorn'spoiKlcncf, I am dirrcti'tl l)y Lord Kniitsf'ord
to transmit to yoii, to l>i' laid lidorc; the Maniiiis of Salishiiry, a copy ol a despatch
from tlie Governor-Ciciicral of Canada, lorwardiuf;; (■o|)y ol' ;in Order in Council, to
which are appended allidavils taken hel'ure the Collector of Customs at Victoria,
British Columbia, with regard to certain points in connection with pelagic sealing.
I am, &c.
(Signed) JOUN BUAMSTON.
Inclosurc 1.
Lord Stanley of Preston to Lord K 'iford.
My Lord, Gorenment Ho nwa, February 10, 1892.
1 HAVK the honour to transmit herewith, fo. ...■ Lordship's information,
copy of an Order in Council, to which are appiMided .-iirKlavils taken lielore the
Collector of Customs at Victoria, Hritish Coiumhia, witii regarii to certain [)oints
in connection with peia-jic sealinjr.
Copy of the Order in Council has liceii sent to Her Majesty's Minister at
Washington for communication to the Behrins's ^ea Commissioners.
1 have, &c.
(Signed) STANLEY OF PRESTON.
The Comr
advise that y(
Secretary of S
All of whi
Sir,
I MWKi
7th instant, rel
M. Dawson, \^^
I l)('f^ to si
transmit tlie li
and I am cont
to day.
1 trust the
(jucstions so til
the three (juest
1. The pr(
2. The pn
3. The abi
Inclosure 2.
Report of a Committee of the Honourable the Privy Council, approved by his Excellency the
Governor-General in Council on the 9M February, 1892.
ON a Report, c'ated the 1st February, 1892, from the Minister'of Marine and
Fisheries, str.ting that, upon the receipt of a letter from the fk'hring's Sea Commis-
sioners, Sir George Haden-Powell and Dr 'Jeorge M. Dawson, asking for additional
documentary evidetice regarding certain points wiiich have been put forward among
the main indictments of pelagic sealing, he communicated with the Collector
of Customs at Victoria, with a view to eliciting information on the following
points : —
1. The !>ropf>rtion of seals lost as comjiared with those hit in jielagic" sealing.
2. The proportion of females to males in the number killed in the dilferent
fishing seasons.
3. The abstention of Canadians from all raiding on the seal islands.
The appended aliidavits, taken before A. R. Alilne, Collector of Customs at
Victoria, have been received from the following parties: —
Cereno Jones Kclley, master of the sciiooncr " C. EL Tupper."
Captain William Petit, master and part owner schooner " Mischief."
Captain Wentworth Kvclyn Baker, master schooner " (.'. 11. Tupper," and
formerly master of schooner "Viva."
Clarence Nelson Cox, master of schooner " M H. Marvin."
Captain Alfred Bissett, master of schooner " .\nnie K. Paint."
Captain Theodore M. Magnesen, in command of schooner " Walter A. Karl."
Henry Crocker, hunter on board schooner " Annie E. Paint."
George Roberts, hunter on board schooner "Annie K. Paint."
Richard Thomson, hunter on board schooner " Annie E. Paint.''
Andrew Laing, seal hunter.
William Cox, master schooner "Sapphire."
The Minister recommends that copies of these affidavits he transH'itted to the
Behring's Sea Commissioners without delay.
Depositions
CEIIENO
Tupper," of SI
1. Mr. Mi
Kellev -—A.
2. Q. llav
of other vessel
.S. Q. Ila\
and ha\e follov
Sea.
4. Q. Dur
coast to Slinin
tio material dii
5. Q. Did
previous years
dill'erence.
(i. Q. In
unless a seal i>
and appears t(
rapidly close u
nothing had I
olf at a very r;
in other than ;
healtliv coiiditi
7.' Q. So
sink or seek a
alter its cour;-
healing rapidl;
heal. I once
TIk' Committee, on the rccommetulntion of the Minister of Marine and Fisheries,
advise that your Kxcc^llencv ho moved to forward a copv hereof to the Principal
Secretary of State for the Colonies for the itdorniution of Her Majesty's Government.
All of which is resp(!etfullv siihmitted for voiir Jvvecllency's a|)pr()val.
(Signed) JOHN J. McGKI-:,
Cleric of the Privy Council.
Inclosure 3.
Mr. Milne to Mr. Tapper.
Sir, Customs, Canada, Victoria, li.C, January 22, 1892.
I 11 WK the honour to aeknowlcdn;e the receijit of your eommunieatiun of the
7th instant, relative to a joint letter from Sir George Baden-Powell and Ur. George
M. Dawson, H(>hring's >le,i Commissioners.
I l)('g to state that I liave ende.ivoured to sufjply the information, and herewith
transmit the fnsl lot of adida'. its of some oi' the most reliable of our sealing men,
and I am continuing to take all I can ohtain, which will he forwarded from day
to day.
1 trust the information is what is wanted, as I have endeavoured to frame the
(juestions so that the answers would show reasons for their intelligent answers on
the three questions : —
1. The proportion of seals lost as compared with hit.
2. The proportion of females to males killed in the different months.
3. The abstention of Canadians from all raiding, &ic.
I have, &c.
(Signed)
A. R. MILNE. Collector.
Inclosure 4.
Depositions taken before A. R. ^filnr, Collector of Customs, Port of Victoria, B.C.
CKIIKNO .lONKS KKLl.KY, master of the Canadian schooner "C. H.
Tupper," of Shelbourne, Nova Scotia, having been d'uly sworn : —
1. ^[r. Milne. — How many years have you been engaged in sealing, Captain
Kelley ? — A. I have been scaling for two years :is master of the "C. II. Tupper."
2. Q. Have your voyages been reasonably fortunate, in comparison with those
of other vessels? — J. About an average.
.'i Q. Have you gone south of Cajio Flattery in hunt for seals? — A. Yes, Sir;
and have followed the seals all along the coasts of British Columbia to Uehring's
Sea.
•1. Q. During last year, to your observation, were the seals as plentifid from the
coast to Shumagin Islands is thev were the previous year? — A. 1 think there was
no material dilicrence.
;'). Q. Did the seals last year appear to be frightened or more timorous than in
previous years on account of the number of vessels ?— J. I observed no material
difference.
(). Q. In shooting seals, what is your experience? — A. My experience is that
unless a seal is mcu't.'dly wounded — hit in a vital spot — it is practically uninjured,
and appears to be as full of vitality as before it was sl'.ot. The shot-wounds will
ra|)i(llv close up, if not ni.ide in a vital part, and the seal will swim away as though
nothing li;\d h.ippened. Tlie (low of blood stop.-, very quickly, anil the seal moves
off at a very rapid rate. 1 |)icke(l shot from the bodies of seals, |)reviously wounded
in other than a vital part, and the animal in every other way appeared to be in a
healthy cotidition.
7. Q. So you believe that a seal when shot, if not mortally wounded, does not
sink or seek a place — a rookery, or some place to die? — A. A wounded seal will not
alter its course in the slightest. It will go along the same as before, its wound
healing rapidly, very rapidly, too. It is astonishing how quickly such wounds will
heal. I once shot a seal which had been speared by IndiaDS, and the upear had
lf)8
made an apparently mortal wound. There was a cut about 2i by .'^ inches a little
above the side behind the flipper. This wound appeared to have been ma<le
about three days previously, and in that time it had healed iialf an inch all
round.
8. Q. Are there more seals shot slcepinsi; than in motion P—.l. I shoidd say that
the larger proportion of seals are shot wliilst slec|)ing, that is, as Car as my own
experience goes.
9. Q. What do you consider the vital part of a seal? Where do the hunters
aim for generally — the iiead or the iicart? — A. It depends largely upon ihe positicn
of the seal. The vital parts are in the head, in the vicinity of the heart, and, if a
seal is shot so as to bleed internally, the hunters are sure ol securing it. The head
is the usual mark.
10. Q. What is usually a safe shooting distance? — A. It (le|)eii(is largely upon
the circumstances of the case. Somewhere between ID and 30 yards would be
about the distance. 1 siiouid say that it is flu; average with sleeping or travelling
seals. The sleeping seal is often approached to within even less than 10 yards,
but the average is from 10 to 20 yards for sleeping seal, and from 10 to 30 yards for
travellers.
11. Q. The seal is very sensitive, is it not? — A. Yes; we have to approach
them from the leeward always. Their sense of smell is very acute.
12. Q. Do the seals generally travel far when wounded? — A. Thiit will de[)end
upon where it is wounded. If it is vitally wounded in the head, it will hardly move
from its position, for it is liUely to die right there, l)ut it will not sink. This is from
my own observation. There is only one wav that a seal will sink after being shot,
that is, when it is sliot in such a manner ,ns to be thrown backwards, sinking tail
first, thus allowing the air to escape out of its mouth. 1 might sa\', I'urthei-, that I
have never seen a seal sink which was shot while slee|)ing.
13. Q. Will you state the proportion of seals lost as compared willi lho.se hit in
sealing? — A. >!y own personal experience during the past two years is that my
loss by seals sinking would not average 3 per cent. Diu-ing last year (1891) I
actually lost only two seals out of seventv-seven — that is, 1 shot seventy-nine, and
secured seventy-seven.
1-1. Q. In iumting seals, what is the direction in vvhicii they usually travel? —
A. In the s])ring tnoaths Ihev ar(; leisurelv travelling tow.uiih il> ■ iioilli, when lliey
change their poriitio.i.
I";. Q. Ill hunting seals, have vou ever met "ith jiups in the w.itcr .' — A. Not
generally; hue during tlie season of 1S')0, while oil' Midilieloii island, the Imnlcrs
repo; •.•„■(! seeing two seal i)ups, |)rol)ahlv a week old, but they appeared to be oidy
just born.
10. Q. What is your opinion of the proportion of males to females Killed
during the hunting season? Are there anv months in the year when there are
more females than males killed? — A. It depends upon circumstances. My expe-
rience is that groups of bachelor bulls will tr.avel together, and sonietimis groups
of females, iiicbidiiig barren cows, will travel together, and again groups oi \earling
puf)s ^'.pi'arently travel together. That is mv expei ien:'e, ;in(l the experii iice of a
number of olheis. The calch of anv schooner coming into cont.ici with gror.ps of
Dulls, or of females, would he no criterion ol the ealeh of othe:' selio(in<Ts as regards
the nundicr of females. In the \ear ]b'.)0. while in liehriiig's Si.a. oiu- day we took
seventy-live seals, and the next day we took eighty, and in the whole of that nuini)er
I observed only one female, arul the hunters i)articularly inlorm(!il mc> that they did
not see any lemale seals at all ; that thev were all vigorous Noung l)nlls.
17. Q. M'ould anything lead vou to think. Captain Kelley, that there is a
likelihood of nuire females than males being killed between here and Shiimagin
Islands? That is, from .lanuarv to .Inner—./. I can safely say that my persoii.il
ex|)erietice has been on the side of the n\ales, l.irgeK- — both on the coast .-ind in Ihe
Behring's Se;i the nninber of >eais caught is made up l;irgel\ of males.
IM. Q. ,\re ihere ;iiiv months (d'thevcar dnrin;; which there are more females
caught than m.ales? — A. 1 should stiv that, as far as mv own observation has <;one,
there is no ddlerence; but in every month, during my vovages, 1 have had UKUe
males than females.
li). Q. Do you know of anv Canadian vessels who have raided the seal islar.ds
during anv year in which \ou ha\c been engaged in the sealing iiulnstry 1' — A. I
have every reason to believe that none of the Canadian licet have ever ri'.ided, or
attempted to raid, or made any preparations to raid, any seal i:>lands in the
Hchring's Scj
hearfl of it, a
White" and '
That they dii
also heard tl
action met wi
Sworn to
(Sigi
Before
Captain
"Mischief," I
1. Q. (11
sealing? — A.
2. Q. Co
3. 0. W
Savward," in
1889, 1890, a
4. Q. Ml
comparison w
.0. Q. Y(
seals along ti
5«. Q. I
plentiful fron
ibund them i
Cape Flatter
6. Q. M(
Behring's Se;
7. Q. A
nn account o
difference.
8. Q.
unless a sea
shot doe.s no
9. Q.
sink, or see
wounded se
its wounc
10. Q.
generallv ait
It
I)
\h
the seal, but
11. Q.
eircumstanc
12. Q.
shot sleepiii
while sleepii
13. Q.
to 20 vards
lb Q.
10 yards,
10 feet.
15. Q.
the |)osition
IC. Q.
17. Q.
is shot and
18. Q.
by sinking
white hunti
r672
169
Hehrin{;'s Sea. If any such a tliins^ had happened, I should most certainly have
heard of it, and I believe it. to i)e inie that the American schooners "George I{.
White" and " Daniel \Vei)stcr" did raid tiiese islands, as also the " .Mol ie Adams"
That they did raid the seal islands is a I'act well known to all Canadian sealers. I
also heard that the (iernian schooner '• Adcle" raided the PrilnlolF Islands, which
action met with the stron<j disap|>rohation of every Canadian sealer.
(Signed) C. J. KELLEY.
Sworn to at Victoria, British Columbia, this 22nd day of January, 1892.
(Signed) A. R. Milne, ..
Collector of Customs.
Before A. R. Milne, Collector of Customs, Victoria, B.C., January 23, 1892.
Captain William Petit, present master and part owner of tiie steamer
" Mischief," havinp;' been sworn : —
1. Q. {Mr. ^l/i7np.)— Captain Petit, how many years have you been engaged in
sealing!' — A. Si? vears, Sir.
2. Q. Continuously ?~A. Yes, Sir.
3. 0. What vessels did you command? — A. In 1S86 I commanded the " W. P.
Savward," in 1887 the ste.-imcr " tirace," in 188S the schooner " Sapphire," and in
1889, 1890, and 1891 the " Mary Taylor."
4. Q. Have your catches durinir these six years been reasonably successful in
comparison with other vessels? — A. About an average.
.O. Q. Vou have seaiefl south of Cape Flattery, liave you not, and followed the
seals aloirg the coast of British Columbia and into Hehring's Sea? — A. Yes.
5*. Q. Piiring last year, to your observation, were the seals apparentK as
plentiful from the coast to Shuinagin Islands as tlie\ were in previous years? — A. I
ibund them more plentiful last year than I have a!iy other year since 1886, that is,
Cape Flattery, north.
6. Q. How did you find them in Behring's Sea? — A. I found them there in
Behring's Sea as plentiful as in (oi'mer years.
7. Q. Are the seals now more frightened or more timin'ous than they have been
nn account of more vessels, or Irom ar\y other cause? — A. 1 have seen no material
difference.
8. Q. In shooting seals, wii;it is your experience? — A. My experience is tiuit
unless a seal is mortally wounded — hit in the head or in the region of the iieart — the
shot tlocs not ap()ear to injur ■ it.
'.). Q. Do you believe tiir.t a seal, when shot, and not mortally wounded, does not
sink, or seeks some plaee '■■ die — a rookery, or some such jilace'r — A. No, Sir; a
wounded seal will not al^• i its course in the slightest. It will move along as before,
its wound healing rapidK.
10. Q. What do you consi<ier the vital part of a seal ? Where do the iiunters
generally aim for? — .1. For the head or the heart; it depends upon the position of
the seal, but usually the head.
1 1 . Q. What is liie distance at which you shoot seals? — A. It de))en(is U|)Uii
circumstances.
12. (J. .\re more seals siiot while sleeping th:>n in motion ?—A. There are more
shot slee|)ing. Sir. It is my opinion that the larger i)ro[iortion of seals are shot
while sleeping, 'i'he seals taken by the Indians are nearly all killed while sleeping.
L'i. Q. What is the shooting distance ? — .1. It depends upon circumstances ; 10
to 20 yards for sleepers, and a little more, 10 to .'50 yards, for travellers.
14. Q. Vou have seen the hunters and Indians a|)proach even nearer thati
10 yards, have ^vou ? — A. Ves, I have seen them approach to within less than
10 feet.
15. Q. When seals are vitally wounded, say in the head, will Ihoy move far from
the position in which they are shol,'-'—/!. No, Sir.
IC. Q. They are likely to die riirUt there, are they ? — ./. Vcs, Sir.
17. Q. And they will not sink ? — .1. With few exceptions, such as when a seal
is shot and tlirown backwards, thus allowing the air to escafie i)ut of its mouth.
18. Q. Will you state your opinion. Captain Petit, of the proportion of seal lost
by sinking after being shot? — A. My personal experience during last season with
white hunters would not exceed 5 per cent., and with Indians in former years I
r672j Z
170
a niiicli larger
doubt if it amounts to even 1 per cent. Tho reason of this perccntaf^c in favour ot
Indians is because they were caught with a spuar, and consequently could not get
away.
1!). Q. Have you ever seen a seal shot while sleeping sinkF — A. I have never
known one to sink.
20. Q. Then you are clearly of the opinion tliat seals will not sink for some time
unless thrown back\iards? — A. lam. When they do sink, even to 10 (n- 15 feet, they
can be reached with the gaff.
21. Q. When the hunters return i:o the vessel at night, do they usually discuss
their day's ])roceedings, and |)articularly mention the loss of seals, when such loss
occurs ? — A. Yes.
22. Q. Then, Captain Petit, you conscientiously adhere to the statement that
the loss by sinking of seals hit will not exceed :') |)er cimU. ? — A. I certainly do ; but
there are seals hit and not mortally wounded, and these escape, but they are not
"lost," as they are (juite as vigorous as before, because their wounds lieal very
rapidly. 1 have often found shot in the skin.
23. Q. Wlnit is your opinion of the proportion of females to males killed durmg
the last hunting season f — A. Last year, out of my catch of 705, I had oidy 18
females ca rying young — not ([uite 2|, i)er cent. Of cuurse, as in other seasons'
catches, we had a number of barren cows — about tlie usual run, 10 per cent., and 12A
per cent, of grey pups. These grey pups are always bulls, and one year old.
24. Q. Your catch, then, woidd be about 75 per cent, of males last season P —
A. Yes, Sir; including the yearlings it was more than 7;') percent.
25. Q. You say grey pups are always males; will vou explain this? — A. The
Indians called my attention to this fact years ago, but the reason is not ([uite known,
still it is a fact. I have observed very closely, and have never yel seen a female
grey pu|) one year old. I try to account for iliis by the s\ippositiiin tliat th.e yearling
grey male pups are driven early out of Behring's Sea by tiie old bulls.
2G. Q. Last year, did you hear any remarks about the numlier or proportion of the
males to females caught, from any one or anv source? — A. Yes, Sir; 1 heard that
lercentage of males were caught last vear than in any former year.
27. Q. I would ask you, Oaptain I'etit, il' in any former years there was a similar
preponderance of niah's — do you reniendjcr of any such fact? — A. Yes, I do. In
1880, when off Barclay Sound, in one day we had taken 101 seals, of which 3
only were females. In the folloiving year. 1887, when off I'ortlock Hank, we took
79 in one day, and otdy 2 females were found in that nund)er.
28. Q. Mow do seal cows travel? Singly or in pairs? — A. They travel singly
or in pairs.
2'J. Q. IIow do bulls travel ? — A. They travel in bands, as do also the bull pups.
They travel singly too.
30. Q. -Are female seals carrying youn^ very timid? — A. Yes, Sir; they are.
They sink their bodies so that noth'ug biK their noses and eyes are out of water,
and are tlicreforc smaller marks for tlr- iiMiters.
.'51. Q. Barren cows travel with bulls, do they r— .-I. Yes, Sir; barren cows
usually travel with (he bulls.
.'12. Q. -Are there atiy months in the year during which there are n)ore females
than males killed ? .\ny particular time that you have observed ? — A. No, Sir.
3:i. Q. It it your candid opinion that there .are more barren cows killed than
seal-bearing cows? — A. Yes, Sir; I think there are more.
.'i4, Q. Do these barren cows, from the knowledge \()U have of seals — do you
think that they ever become bearing? — A. I think they do.
35. Q. That tln^y will have period.s j)f bearing? — A. 1 don't thiidi that a seal
will bear before she is 4 years old.
30. Q. How long does a seal carry her young? — A. It is understood to be
eleven mont'is.
37. Q. Were there any circumstances occurred to you upon'your last voyage
which would indicate a marked deereiise in the number of seals ? — A. None what-
ever, Sir. (In tiie contrary, I should say there were more. There seemed to lie
more last year, at le.ist we saw more that y<'ar than for several years ju'evionsly.
!i8. Q. in \our observation as to the hal)its of the seals, they appear to he like
the salmon— tliat they return from no kiio\\n cause in larger nund)ers ? — Well, I
don't know, Sir ; I think that they have their annual migrations ; but there is (]uestioii
whether they follow the same track every year. You will find them on some
grounds one year, and in other years on other grounds.
39. Q. Po
matcriallv inju
JO. Q. Ca
females killed,
41. Q. W(
was ordered on
■42. Q. Ik-
land ?—A. 00 I
43. Q. Yo
numbers.
44. Q. Y(
of a very fair c
-15. Q. Y(
Behring's Sea r
40. Q. Y(
miles from lai
A- As plentifu'
47. Q. 1)1-
females over n
48. Q. Ca
Sea?— A l''or
49. Q. I)(
by sinking ? —
.V). Q. Di
Russian side ?
Pass.
61. Q. Di
had raided tl
British or Ca
engaged in sei
52. Q. Ct
" Geo. R. Wh
islanils? — A.
.53. Q. '
.M. Q. 1)
" .1. Hamilton
Diego," raidei
55. Q. I)
the America
history of rai
schooners.
ofi. Q. V
ment and soh
57. Q. i
was seiy.ed b\
Sir ; and serv
58. Q. 1
seal islands,
being aware
it from huntc
50. Q. I
careful in in
ever with tli
been instruct
limit In la(
the 20 miles
Mr. Miln
Sworn I
1892.
(Si.'
L572]
Ill
39. Q. Po you think that the number of female seals killed in the hunt i;-
materially injurini; the reprorluction of seals ? — A. So, Sir.
10. Q. Can you >;ive a reason for that ? — A. From the small percentage o
fcniales killwl, 1 don't think it would injure reproduction in any way.
11. Q. Weri^yoii in Mehrin.';'s.Sea last year,and were you ordered out ? — A. And
was ordered out l)y the United States' ship "Corwin."
■41'. Q. Uelbre heinij; ordered out, what was your usual fishing distance from
land?— .4. GO to 100 miles.
4;j. Q, You found seals all along that distance from land? — A. Yes, in large
nuuihers.
41'. Q. You had the prospects of a fair catch ? — A. Yes, Sir ; I had the prospects
of a very fair catch up ro the tinn; I was warned ?
-1"). Q. You consider it a very material loss, being warned at the time out of
IJehring's Sea ? — A. 1 do, Sir ; I consider it a very heavy loss.
40. Q. You still adhere to the statement that the seals between CO and 100
miles from land were as |)lentiful as in any previous years in your experience? —
A. As plentif'id as they were in any year since 188(j.
47. Q. Did you observe in your catch in IJehring's Sea any jirepondernnce of
females over males, or vice vcr.sd i' — A. Yes, Sir ; the males were in excess.
48. Q. Can you state from recollection an average day's hunt in Behring's
Sea? — A. Forty-eight was about the largest I made while in Behring's Sea.
49. Q. Do you remember hearing any of the hunters speak of losing any seals
by sinking ? — .1. No, Sir ; J don't remember any instances of such loss.
.■)<). Q. Did yo'i cross from tlu; American side of the Behring's Sea into the
Russian side ? — A. No, 1 didn't, I came straigiit home to Victoria through Ounimak
Pass.
51. Q. During the year.did you hear from any source thatany Canadian vessels
had raided the seal ish' ds or any of them? — A. No, Sir; I never heard of any
British or Canadian ve>-ils, not during the past year, or any year I have been
engaged in sealing.
i>2. Q. Captain Petit, do vou believe anv of the stories tli.it are told about the
"Geo. R. White," the "Daniel Web^ilcr," and the " .VIollie Adams " raiding these
islands? — A. Yes, Sir ; I believe those reports.
!'}',i. Q. These were all American vessc's, were they not? — A. Yes, Sir.
.')4. Q. Durmg the Ir.st two years it is reported tiiat the American schooners
"J. Hamilton Lewis," formerly the British schooner "Aula," and the "City of San
Diego," raided tiie (^o[i|)er Islands ? — A. Yes, Sir.
55. Q. Do you believe that is true?— J. I do. Sir; and also in 1886 or 18^7,
the American schooner " Lookamt," raided tin Pribylolf Islands, so that the
history of raiiiing the seal islanils is peculiarly \merican, and solely by American
schooners.
ofi. Q. Was not the British schooner "Aula" sei/.eil by the .American {iovern-
ment and sold? — A. Yes, Sir. In 1887, and renamed the J. Ilatnilton Lewis."
57. Q. Is not this same vessel, the ".I. llaniiki ^ Lewis," the same vessel as
was sei/.ed by the Russians this year, in the vicinitv of Co|)per Island? — A. Yes,
Sir; and served her right too.
58. Q. If any of the Canadian ves.sels had raided either the American or Russian
seal islands, your long experience in the scaling fleet here would have insured your
being aware of it?- A. Yes, Sir; 1 should certainly have heard of it -learned
it from hunters, masters, or seamen. It woidd iiave been sure to have leaked out.
50. Q. Is it \()ur opinion thai ship-masters or ship-owners have been most
careful in instructing their masters or captains to avoid any interference what-
ever with the seal islands ? — A. 1 have served with diirerenl owners, and 1 have
been instructed to carefully avoid approaching the islands within the international
limit In fact, all the sealing 1 have conducted has been done outside at least of
the 20 miles from land.
Mr. Millie. — That will do. Captain Petit. Thank vou vcrv nuicli.
(Signed) AVILLIAM PETIT, Master.
1892.
Sworn to before me, at Victoria, British Columbia, this 23rd day of .lanuarv.
Jo-
it
(Signed) A. R. AIii.Ni:,
Collector of Customs,
L572]
Z 2
172
Before A. R, Milne, Collector of Customs, Victoria, B.C., January 22, 1892.
Captain Wentworth Rvelyn Hakcr, present master of the Cunatlian schooner
"C. H. Tupper," and formerly master of the schooner "Viva," of Victoria, being
duly sworn : —
1. Mr. Milne. — I low many years have you lieen engaged in sealing, Captian
Baker? — A. Koiir years.
2. Q. What Canadian schooners have you commanded during those four
years? — A. The schooner "Viva."
3. Q. During tiie four years have you been more tlian reasonably successful as
a seal-hunler i* — A. Yes, Sir.
4. Q. How many white men would your vessel usually carry ? — A. Twenty-three,
all told.
n. Q. You have hunted all along the coast, and also every year in Hchring's
Sea? — A. Kvcry year except 185)1. During last year I was always outside of the
line of demarcation betAcen Uussian and American waters.
"6. Q. During last vear, to your observation, were seals as plentiful along the
coast to Shumagin islands as they were the year before ? — A. In some places I
found them as i)ientiful ; in others I found thorn more plentiful. In some places
where I never found anv before I found them last year, and I found none where I
had previously found some.
7. Q. Tiien, Captain Baker, you think there is no material difference, on the
average, during the four years? That is to your observation ? — A. I should say, to
my observation, there was no material dilference.
8. Q. Your coast catch last year was e<iual to that of former years, was it? —
A. It was equal to the tirst two years, and better than the third year by almost as
many more skins, iiaving 098 skins in 1890, and in I'^Dl 1 had 1,2()() skins.
9. Q. Owing to the nuinlier of vessels, do the seals appear to be more timorous ?
— A. Well, I did not find them so, except in some places. It is a great deal owing
to the position in which you find them. I found that the nearer the coast the
wilder they are, and the furtiicr at sea you go they don't seem to be any wilder
than jireviously. I think that what makes them wilder along the coast is the
increase of tratlic, steamers and so on being very numerous.
10. Q. It it said that seal travel in groups of females and groups of bachelor
bulls and young bulls — not mixed. Is that so?— .1. i have always found it so.
11. Q. So you think that the number of male or female seals caught would
depend entirelv upon the schooner falling in with groups of males or females?
—A. Entirely.
12. Q. ilou is that? — A. It is much harder to keep the run of fcnialcs than
of the males or barren cows. Females with yount^ appear to be much more timid,
and when you get among them and commence shooting, they disa[)pear very
quickly, and show onlv the nose and eves al)ove water when travelling, and do not
expose their bodies as mucii aliove tiie water as the bulls and l)arren cows do, as
if llie maternal instinct to preserve their youni; was app;irent. This fact is well
known to ail seal-hunters. I iiave oi'tcMi been in a group of cows with pups during
the afternoon, and at night they wouiil all disiippear. ami, apparently from materna
instinct, they will travel away as (juirkly as possible.
13. Q. Do you consider it more diilicult to shoot fiMuales, so little exposed
as they are, than males? — .1. It is decidedly more diflicult, particularly on the
coast.
14. Q. You have observed a numlicr of barren females? — A. Yes; (piitc a [?].
15. Q. How do they tra\(4 ? — /(. Usually hy themselves, or mixed with l)ulls;
I have never found a cow wiili pups among tin! bulls.
II). Q. Have yon anv idea what the percentage would bi> of the number of
barren covvs to the nunibrr of seals caught? — A. J could not say exactly, but the
percentage is considerable.
17. Q. What is the accepted theory among the sealers as to the barrenness of
cows ? — A. I don't know as I have heard of any theory — unless they are like
other animals.
18. Q. When you s|)eak of barren cows, you mean those who have been more
than one season barren ? — A. Yes; becausi; before that tliey ar(! (■alle<l pups. The
barren cows are those who are old enough to have pups, but didn't.
19. Q. You are (|uite of a (4ear opinioti then. Captain Baker, that there is
a considerable percentage of barren cows? — A. Yes, Sir.
20. Q. A
Sir; my expt
is the expcrie
21. Q. \
heart, or in tl
22. Q. I
account of ]
the head, th(
killed, the s!
cannot sink.
23. Q. ''
the distance
be about 10 '
24. Q. (
whilst sleepi
hit, in sealii
for shooting
and being s
before they I
them, as whi
is likely to s
shot again,
its mouth, w
15 feet, and
very seldom
experience, t
not exceed ;
out of that r
25. Q.
years ago, o
and from th
their cxperi(
is always >[
aggregate
average, th
215. Q.^
myself. T
27. Q.
" S " Canac
sive, costin
28. Q.
killed in th
It depends
bull side on
conscientioi
number of ;
29. Q.
the preponi
the coast,
of all cows.
30. Q.
distance in
years it wo
(50 miles.
31. Q.
Behring's
^ 32. Q.
tions will a
the same a
33. Q.
would like
raiding th
heard of a
Canadian e
173
20. Q. Are there more seals shot whilst sleeping than in motion ? — A. Yes,
Sir; my experience has been that there are more seals shot whilst sleeping, and that
is the experience of most of my hunters, by their rcpoi't.
2J. Q. What do you consider the vital part of a seal? — A. The hcafl or the
heart, or in the neck.
22. Q. Do your hunters jircfor to shoot the seal in the head ? — A. Yes, Sir; on
account of preserving the skin, and also that, the moment the seal is shot in
the head, the head sinks and the wind cannot escajie. Then, if the seal is not
killed, the shot will stun it, and its heal will drop below water, so tnat it
cannot sink.
23. Q. What is usually a safe shooting distance? — A. Kor sleeping seals
the distance would be ai)out 10 yards, and for travelling seals the distance would
be about 10 to 30 yards.
2't. Q. Considering that the seals are shot in the head, and the greater portion
whilst sleeping, will you state the proportion of seals lost, as compared with those
hit, in sealing? — .(. The propoiiion is very small, because, as the usual distance
for shooting is about T) yards for ;i sleejiing seal, we most always kill them instantly,
and being so near tiic seal — even if thev are inclined to sink — they are gaffed
before they have time to sink. If thev even did sink 15 feet, say, we could catch
them, as when sinkinji they go very slowly. The only time 1 know of when a seal
is likely to sink is after it has been chased around in the boats and winded, then
shot again, so as to be thrown backwards, allowing the wind to escape from
its mouth, when it sinks t:til first. Kvery Ixiat is supplied with a long jiole, about
15 feet, and a spear and gall' oti the end, so that we can reach that distance. It is
very seldom that a seal will get away. I would say, therefore, from personal
experience, that the percentage of loss, as compared with those hit in sealing, would
not exceed 3 per cent, i^ast year I killed, myself, on the coast, fdty-five seals, and
out of that number I lost oidy one by sinking.
25. Q. As a general thing, is the percentage of loss more now than it was four
years ago, or is it smaller? — A. From personal exjierience, 1 think about the same,
and from the reports of the inmters 1 sitould judge it was the same, as they all report
their experiences on their return to the vessti each night, and when a seal is lost it
is always ^poken about. From a record kept by hunters during two voyages the
aggregate loss by each hunter is shown, and the |)ercentage is not greater, on an
average, than 3 [ler cent.
2lj. Q. How many hunters do you usually carry? — A. Six; and I hunted
myself. Thc^ ship's com|)any consists of twenty-three |)ersons.
27. Q. What sii^e shot do you use in shooting seal ? — A. No. 2 buck-shot, or
"S" Canadian shot; and the guns are of the verv best material and very e>;pen-
sive, costing from 70 to 100 dollars.
28. Q. What do you think is tiie proportion of females to males in the number
killed in the dilferent months of the lishing season? — A. 1 don't know, I an' sure.
It depends upon circumstances. My experience last year was verv largely on the
bull side on the coast ; that is, the proportion taken were largely male seals. I can
conscientiously say that it must have been three bulls to one female, and 1 had a larger
number of seals than any other vessel on the spring catch,
29. Q. In the Hehring's Sea, to youi' observation, were the males or females in
the pre|)onderance ? — A. jM\ ex|)erieiiee is that they are very much as they are on
the coast. Scmietimes I would meet with groups of all bulls, and again with groups
of all cows.
30. Q. While in Hehring's Sea last year, what would be your usual sealing
distance from the land '. — .1. I was not in Hehring's Sea last year, but in previous
years it would be I'rom about 30 to 90 miles Iron) land. The usual distance is about
00 miles. Sometimes we are inside of that, somcitimes outside of it,
31. Q. Ijast year, 1 understand you to say, Cajitain Baker, you were not in the
Behring's Sea on the American side ? — A. No.
_ 32. Q. Do I understand you to say that on the Russian side the same observ
tions will apply to the habits and shooting of seal as on the coast? — A. Preci'
the same as to their grouping and habits.
33. Q. During the h)ur years that you have been sealing, Captain H-
would like you to state explicitly if you saw or heard of any Canadian
raiding the American seal islands? — A. No, Sir. To my knowledge I h
heard of any, and I have every reason to believe that there has neve
Canadian schooner raiding any of them.
174
34. Q. If anything like this had happened, you would have heard of it? —
A. -Most certainly I would have.
3.5. Q. Yoii have never heard any iMl>:rniation of any of our sealers conniving
to raid the seal islands ? — A. I never did.
36. Q. Two years as^o it was reported that sonic American schooners had
raided seal islands. Did you hear sucii a report? — A. Yes, Sir; I heard a report
that certain American schooners had raided Ihese islands. The "(leo. R, White,"
"Daniel Webster," "Mollic Adams,'' and for two years the "J. Hamilton !<ewis,"
have heen raiding the Copjier Islands on the Riissian side, and it is reported that the
American schooner "City of San Diego" also raided the Copper Islands last
year.
37. Q. You have heard of the German schooner " Adele " raiding; these
islands? — A, Yes; in 1889, with poor success. 'J'hese illegal acts meet with the
strong disapprobation of everv Canadian sealer.
3b. Q. And if Canadian sealers had done arts of that Uind, you think it would
most certainly have leaked out? — A. It iiios'. certainly would have.
39. Q. You are quite satisfied, then, I hat not a single Canadian sciiooner at any
time has raided the seal islands? — A. Not to my knowledge. I don't know of one
single case.
40. Q. What was your entire catch 'a-st season? — A. 1,991 for the whole
season.
41. Q. Giving your opinion in confidence, what is your opi:iion of the seals on
the coast and in llehring's Sea? Are they decreasing or increasing?— /J. From my
experience, I have not seen any decrease, but I have; noticed also that they change
their grounds from time to time, and where you find them this year you niav not
find them the next. This was very remarkable during the year 1890, for the seals
were all found to the eastward of Pribylotf Islands, while in former vears thev were
found to the westward.
42. Q. When did you find them to the eastward of St. Paul's Island ? I under-
stand you to say that you found them very numerous ? — A, ^fore so than I ever did
before.
43. Q. Ilav'e you any opinion to offer as to the return of the seals to the coast
last year? — A. I have no direct opinion, but certairdy the seals were more |)lentiful
on the northern coast last vear than the previous years.
(Signed) W. E. BAKER, Master.
803
Sworn to before me, at Victoria, British Columbia, this 2 nd day of January,
(Signed)
A. R. Milne,
Collector of Customs,
January 19, 1892.
Clarence Nelson Cox, master of the schooner " R. B. Marvin," of Victoria,
examined bv Collector Milne: —
1. Q. What vessels have you commanded on this coast and in Behring's Sea,
aptain Cox ?—A. I have been two years master of the "Triumph," and one year
mate of the " Sapphire" with my brother.
2. Q. This makes your fifth or sixth year? — A. This makes my fourth year. I
■was in Behring's Sea so late last year; that is probaoly why it may seem I have
been out oftener than others.
3. Q. 'J'he inquiry. Captain Cox, is to elicit, first, the number of seals lost by
being hit. It is alleged that you lose a large proportion of those that are shot, and
we wish to get at the facts. Also to establisli the number of females caught during
the last and ]irevious years, and also to investigate if there were any Canadian
scalers raiding the seal islands. In the spring of the year, when you leave port,
you go down to meet the seals along the coast ? — A. Yes.
4. Q. I have been given to understand that the seals travel in bands? — A. Yes;
all the cows together, and all the bulls together, and the grey pups together.
5. Q. I suppose they are quite distinctly separated? — A, Yes ; we get the grey
pups closer to shore, always inside of the large seals.
6. Q. As a matter of fact, you do not tind many female seals bearing young
travelling wi
have foiuid t
7. Q. T
carrying thi
occasionally
8. g. "D
compared wi
go out — Feb
9. Q. T
There are al
10. U. '
that it is cai
11. Q. .
shoot the la
travelling ?-
shot while si
12. Q.
weather is r
resting.
lb. Q.
A. Yes; the
M. Q.
upon whcth
l.-"). Q.
groups of ai
bulls the las
before enter
l(i. Q.
the males lu
In fact, I CO
Quien Char
17. Q.
the cows ai
conse()uentl
for it, becau
18. Q.
close range,
think about
19. Q.
the percent
sink ?— ^1.
kill with thi
season with
be more tlu
20. Q.
animal ? — .■
of their seal
neither of \^
21. Q.
uunters w«i
22. Q.
23. Q.
six hunt
24. Q.
IS,
seven huntt
2(), Q.
skins.
27. Q.
think there
28. Q.
per cent.
29. Q.
every year
[572
175
travelling;; with the bull seals ? — A. I have never seen them in company together. I
have found the barren cous and luilis in company.
7. Q. This separation is from natural selection, or instinct? — A. Yes; while
carryinj;- their youn<;' they are never I'ounii with the bulls. The barren cows
occasionally <io travel with the bulls.
b. Q. Duriiif; what months lave you found more I'emak's carryin<;' young as
compared with other months of the seahng- season ? — A. In the winter, when we (irst
go out — February, .March, and .Vjjril.
9. Q. That is, both bearing- cows and barren cows too? — A. No; bearing cows.
There are also grey iju|)s about at that lime.
10. U. What do you mean by "grey pups"? — A. The yearling seal. After
that it is cai ed a "brown pup," then a " two-year-old."
11. Q. J' long the coast, from the time you strike theni in the spring, do you
shoot the larger proportion o[' ilie seals sleeping, or arc? there more shot while
travelling? — A. Yes; the larger portion of the seals killed during tiie season are
shot while sleeping.
I'J. Q. You say you tind the bearing cow." travelling continually? — A. If the
weather is rough, they ar(! travelling, but if line, they are usually seen sleeping or
resting.
13. Q. Is it a fact that the females with young swim low down in the water? —
A. Yes ; the l)ulls and barren cows keep their heads well up, looking around.
11. Q. When you come upon a group of seals, your catch, then, will depend
upon whether the grouj) is composed of males or females? — A. Yes ; very much.
l.'j. Q. As a matter of experience, Ca|)tain Cox, have you come upon more
groups of males than of females during the last year, say ? — A. I have caught more
bulls the last season — a gre;it deal more. 1 had 848 seals coming up the coast
betbre entering Behring's Sea, :;nd (if these about "') per cent, would be males.
l(i. Q. Have you any [irivate opinion as to the reas:)n of this jireponderance of
the males last year as compared with |)revious years? — A. I cannot account for it.
In fact, I could hardly advance any idea of the cause. I get the most of them from
Qui en Charlotte Island coast northwards.
17. Q. Y'ou think, though, with some of the other sealers, that at about May
the cows are well in advance, going to Behring's Sea, to tin; breeding grounds,
consetpiently tlie males would be left behind V — A. That is the only reason I can see
for it, because we get very few females " with pup " in May.
18. Q. What do you consider a sufficient shooting distance, that is suthcientiv
close range, for sleeping seals? — A. A great many are shot inside of 15 vards. I
think about lo yards.
li). Q. As a professional scaler, what is your honest and candid opinion about
the percentage of seals lost, that is, the number lost after being hit — those that
sink ? — A. \\ itii the Indian hunters it would not iunount to one in a hundred. They
kill with the spear, and I know it would not amount to 1 per cent. I was onlv one
season witli Indian hunters. Last year I had whites. Ido not think the loss would
be more than -1 or 3 jier cent, with shooting by the white hunters.
20. Q. The spear of the Indian sealer is harbed, W. it not, and fastens in the
animal? — ./. Yes.it has two barbs, and a line attached, so that they are sure
of their seal unless their line breaks, or the spear is not stuck in far cnougi' t;; l.^IJ,
neither of which happens often.
21. Q. Vou can (juite conlidently state that the loss of seals kill •(! by white
lUinlers would not exceed 1 or ."» per cent. ? — A. I can.
22. Q. This you base upon your own jjcrsonal knosv ledge ? — A. Yti.
2."^. Q. How many of a crew do you carry on your vessel ? — .1. Six joats, that
IS, six hunting boats, and a stern boat, seven in all.
24. Q. Your ship's company would be how many ? — A. Twenty-three 'nen.
2,0. Q. And the number of hunters ? — .(. Six hunters, or, c )uiitingthe st^rii boat,
seven hunters.
20, Q. Your catch last year was how many skins? — A. On the coast, 848
skins.
27. Q. Of that number, iiow many woukl be breeding scalar — A. I do not
think there would be more than !'» i)er cent. — about 12G femai-; skins.
28. Q. What i)ercentage of them would be barren female skins? — A. About 10
per cent.
21). Q. Is the percentage o( bearing cows greater than of barren cows ? — A. Yes;
every ytiar in my experience there have been more bearing cows than barren.
[572] Y
n
176
30. Q. About 15 per cent, then, would be bearing; cows, and 10 per cent, barren
ones ? — A. Yes.
31. Q. — You 8tate<i tliat it would entirely depencl upon the grou|)s you struck
alonji; the coast whether you ^ot males or females ? — A. Yes.
32. Q. And you base your figures upon four years' e.\periei)ce ? — A. Yes.
33. Q. Then you know the percentage of bearing cows would be 15 per cent., and
the barren cows 10 per cent, r'— .4. Yes, The first year I was with my brother I
believe we had not more than 10 per cent, of cow seals ; one of nur seasons we had
at least 90 per cent, bulls.
34. Q. That statement applies to IJehring's Sea?— ^I. Yes.
35. Q. What year was that? — A. 1889, when 1 was with my brother as mate
of the "Sapphire." The catch on the coast up to Behring's Sea was about 90 per
cent, bulls.
36. Q. In the Behring's Sea, what percentage of females had you, as compared
with males — I am told there arc less hulls ? — A. I think the percentage of bulls in
Behring's Sea is less than on the coast.
37. Q. Bachelor bulls ? — A. Yes. "^rhe greater porceiitar;e would be cows —
bearing cows; after they have dropped their voung we don't get them in Behring's
Sea.
38. Q. Do you not find a lot of bachelor bulls hovering about the outskirts of
the groups of seals? — A. Y'es, we get some, but there are more females in
Behring's Sea.
39. Q. Did you find it so last year? — A. Of course I was not in Behring's Sea
lont
"O.
enough to know.
40. Q. Your remarks, then, would not apply to last season ? — A. No.
41. Q. You think there would be about an etpial number of cows and bulls
in Behring's Sea? — A. Yes; I think that the bulls and cows are about equally
divided.
42. Q. It is well known among sealers that the old bulls keep their herds, and
drive the " bachelor" bulls off?—.!. Yes.
43. Q. Do you find many groups of bachelor bulls in Behring's Sea? — A. We
do not find them so much in groups as on the coast.
44. Q. Taking your whole catch for the past year, skin for skin, what percentage
of females had you ? — ^-1, We had not nu)re than 2o per cent, barren and bearing
cows. That would leave us about 75 per cent, bulls.
45. Q. 25 per cent, females, including barren cows ? — A. Yes.
46. Q. In the years before last would that percentage hold good? — A. I think
the previous years would not differ very much.
47. Q. In the months of Februnry, March, and .\pril you think that the females
killed are more numerous than in Behring's Sea? — .1. I think so. We get a great
many more grey pups in the winter.
48. Q. Among all tiie hunter» it is pre \- well known that the average of loss
by being hit wouki not exceo I 3 to 5 per cent, r — A, ^'cs ; that is well known.
49. Q. Wouiuling a seal so it escapes, vou don't consider that lost? — A. No;
they carry a lot of shot, and the hunters don't just shoot at it and leave it if it does
not die on the spot, but give chase, and if wounded badly it has not much cliance
of getting away.
50. Q. Considering the hazardous occupation of sealing, the men get very
expert in it? — A. Yes; 1 have a man aboard wiio does not lose five seals during
the whole season.
51. Q. Is it your opinion that the female seals with young arc somewhat timid,
and more on the alert than thi; old btdls ? — A. Yes; they are.
52. Q. That is one reason why the percentage of females is so small, I
suppose ? — A. Yes.
53. Q. In Bidiring's Sea you say the percentage of loss would be more than on
the coast? — A~ 1 think the [)erccntage of loss in Behring's Sea is less than on the
coast, because the sealers get more seals asleep in the sea. They seem to be right
at home there, and not travelling about so much.
54. Q. Have you at any time known any of our vessels (that is, Canadian
vessels), registereri Canadian ve ,sels, landing on the seal islands for the purpose of
raiding and killing seals ? — A, I can conscientiously say that I have never known of
any of our vessels landing there,
65. Q. And have never heard our masters or sailors encourage that sort of
practice? — A. No.
5G. Q. 1
57. Q.
S. Fowl
5S. Q. •
.')9. Q.
stay long ; 1
(H). Q.
01. Q.
02. Q.
G3. g. I
the order.
04. Q.
A. I have.
65. Q.
Diego " here
who raided i
66. Q.
last vear tha
07, Q.
seals were
except tlial
earlier thosi
closer to the
Sworn 1
(Si
Captaii
Victoria, Br
20. Mr
years ; this
21. Q.
22. Q.
you?— A. '
23. Q.
the coasts ;
24. Q.
noticed no (
25. Q.
travel toge
notice tliat
small seals,
20. Q.
day would
27. Q.
A. Oh, yes
28.' Q.
A. For a si
29. Q.
25 to 30 va
30. g.
being hit ?-
31. g.
32. g.
—A. Yes;
33. g.
killed ?—A.
ship, I shot
[572
177
5G. Q. Have you heard of any vessel havinpf done so ?—A. Yes ; I have.
57. Q. What vessels ^—i^. The " Mollie Adams," " George II. WhiU-," and the
"O. S. Fowler," of San Francisco, I lie.ird, raidt'd tlio I'rihylolf Islands.
58. Q. That fact is well known to tlic whole nvct':'—A. Yes, Sir.
."iO. Q. You were not in Hehrintj's Sea last season ? — A. I was in, but didn't
stay Ion;:; ; I was ordered out of it.
(iO. Q. You left as soon as ordered to leave V — A. I did ; came direct home.
01. Q. Who warned yon ?- .'}. The British steamer " Pheasant."
G2. Q. You didn't try to seal after that':' — A. No.
63. Q. Or lowered your boats ':' — A. 1 didn't lower any boats alter receiving
the order.
04. Q. You have heard of some American schooners raiding Copper Island ? —
A. I have.
6.5. Q. Do you know the .McLean brothers? — A. Yes; and the " City of San
Diego" here, and the "Webster" and "J. Hamilton Lewis," three American vessels
who raided Copper Island.
G(i. Q. Y'ou have no idea of why the seals were more plentiful along the coast
last year thar other seasons':' — A. I have no idea.
07. Q. There has been no practical theory advanced as to why last year the
seals were more plentiful close in shore than in other years':' — A. 1 liavc none,
except that it is on account of their food fish. The seal follows the food. The
earlier those (ish strike along the coast, and the closer in shore, the earlier and
closer to the coast we g'et the seals.
(Signed)
C. N. COX.
Sworn before me, this 18th day of January, a.d. 1892.
(Signed) A. 11. Milne,
Colhctor of Customs.
Captain Alfred BisseU, master of tlie Canadian schooner "Annie E. Paint," of
Victoria, British Columbia, being duly sworn, says : —
20. Mr. Milne. — How many years, have you been engaged in sealing? — A. Two
years ; this is my third year — have been master, mate, aiui hunter.
21. Q. Vou have had about average luck ? — A. Yes, about the average.
22. Q. You have followed the seals from south of Cape Flattery north, haven't
you ? — A. Yes, Sir.
2.3. Q. During last year, to your observation, were the seals as plentiful along
the coasts as they were the previous years? — A. They were.
24. Q. Did the seals appear more frigh'cned than usual? — A. I think not; I
noticed no diflerence.
25. Q. Did you notice last year, or any year, in liunting seals, that tiie cows
travel togetlicr by themselves, and the bulls by themselves, in herds ':■ — A. I did
notice that the bulls, in a general way, travel together, and the cows together, and
small seals, as a rule, pups, travel together.
2t). Q. When hunting, of course, if you struck a band of bulls, the catch that
day would be principally bulls? — A. Yes ; principally bulls.
27. Q. Do )ou think niort seals are shot while sleeping than when in motion ? —
A. Oh, yes; far more, about 80 per cent., I think.
28. Q. What do you consider a safe shooting distance for a sleeping seal? —
A. For a sleeping seal about '2t) to 30 feet is a sure distance.
29. Q. And when thev are on the move, what is the distance? — .-1. Well, from
25 to 30 yards.
30. Q. What is your opinion of the proportion of seals that are lost after
being hit'? — A. 1 think from 3 to 5 per cent, would cover everything.
31. Q. Where do you aim for, in shooting a seal ? — A. 1 aim for the head.
32. Q. So when a seal drops his heail ■' wn, the air is stopped from escaping ?
— A. Yes ; that is the reason we shoot in the head.
33. Q. During last year did you notice the proportion of females to males
killed ? — A. From counting the skins, and noticing the seals coming on board the
ship, I should form 75 to 80 per cent, were bulls, and the remainder females.
[572] A 2
178
34. Q. Do you know the reason of that? — A. I don't know, unless the eows
travel :i little faster than the bulls, who follow the coast. I have always noticed
that there are more bulls killed on tlie coast than there are females.
•3i"(. Q. Have you ever noticed when the number of females predominate V —
A. 1 hardly know, but I have noticed that during the months of March and Apiil
that there were more cows than males in the months of May, June, and July.
.'56. Q. ('an you form any idea, from what you have heard, wliethcr there arc
more lomales killed than males r — A. I should say that there are dcci-lcdly in()r(!
males. That is from what 1 have heard and seen myself. There is no (li)td)t that
the low price obtained in London this yeai is due to the large number of small bull
skins taken, the skins of the females being larger and better.
1?8. (^. During the two years that you have been engaged in sealing have xou
ever known any Canadian vessel to raid any of the seal islaiuls? — A. No, Sir.
39. Q. If there had been any such thing gouig on, it would have leaked out ^ —
A. It would certainly have leaked out, and I would have heard of it. It is almost
impossible to keep it quiet.
(The above having been carefully read over to Captain Bissett, he corroborates
and substantiates the same.)
(Signed) ALFRED BISSETT.
1892.
Sworn liefore me at Victoria, British Columbia, this 18th day of November [.s'l'c],
(Signed) A. R. Milne,
Collector of Customs.
January 19, 1892.
Captain Theodore M. Magneaen, in command of the schooner "Walter .\.
Earl," nf Victoria, examined by Collector Milne: —
1. Q. How many years have you been sealing in Behring's Sea, Captain
Magnesen ? — A. Three years; this will he my fourth.
2. Q. You have had very good success last year ? — A. Yes, very fair success.
3. Q. Did you notice last year any perceptible decrease in the number of seals
com|)ared with previous years? — A. 1 think they were more plentiful last season
than I ever saw them before.
4. Q. Do you mean in Behring's Sea? — A. Yes, both along the coast and in the
Sea. The biggest catch I have ever made was last year, on the coast as well as in
the Behring's Sea.
5. Q. You have noticed the habits of the seals — how they travel? — A. They
travel in batches, the bull seals by themselves, and the cow seals by themselves,
and the yearling pups by themselves.
6. Q. '^s a matter of fact, are there more seals shot while sleeping than while
they are travelling? — A. That is hard to say, but I think there are just as many
shot while moving as there are sleeping seals.
7. Q. When you shoot seals by sleeping, what is the safe shooting distance? —
A. About 25 yards.
8. Q. And when travelling? — A. About 45 to 50 yards.
9. Q. The usual mark you shoot at is the head of the seal ? — A. Yes.
10. Q. When hit in the head, the seal does not sink? — A. No; sometimes he
does, though, if he is shot when short of wind at the moment, and he will sink if
you are too far away to pull it out.
11. Q. You have noticed them sinking? — A. Yes; they generally sink tai.
first.
12. Q. If the seal is shot in the head, he drops his head, and that confines the
breast, and it floats? — A. Yes, that is the way I have accounted for them floating.
13. Q. How many seals, in your experience, do you think a hunter loses out of,
say, 100 shot at? — A. I know my head hunter killed 498 seals last year, and 17 of
them sunk.
14. Q. That wouhl be about 3^ per cent. ? — A, Yes.
15. Q. Do vou consider that a fair average on the number of seals lost? — A. As
an experienced hunter, I think it is a fair average.
or y;roiips
calciics r—
;}7.
of any C;
iicard of
ihe Amcr
doing so.
';w. (,
say you h
A. Not as
3y. c
and tlieir
feeling th;
-!0. C
raided th
R. White
179
16. Q. Would you say that a man who loses, say, 5 per cent, of the seal
he slioots would not be an experienced hunter? — A. He could not lose more thaa
that.
17. Q. Will that percentaji;e of loss apply to the travejlinjj seals as well as to
the sici'pine: seals? — A. Yes, the most of the seals lost are the ones shot by the ones
moviii-; or travelling;.
lb. Q. Your boats carry pole, spear, and gaff? — A. Yes; and if the seal sinks
down 10 or 1 J feet they are easily recovered.
10. Q. If you were on your oath, now, and heard any one say that for every
seal that was killed, male or female, one was lost, you would s.ay it was a misstate-
ment ? — A. Yes ; that is not so.
20. Q. If any one came here and said that for every seal you hit you killed
another seal r — A. That is nonsense.
-I. Q. The highest percentage of loss, you say, would be :> percent, for sinking
seals r — A. Yes ; and I may say tiiat I have taken seals with sliot in them, dropped
out when skinning, and they seemed as strong and licaltliy as ever.
2'2. Q. 'J'hat is to say, that unless you shoot a seal in a vital part, the wound
heals (piickly ':■ — A. Y'es ; and uidess you liit it hard the seal gets away.
'J';, Q. Y'ou have seen females with young? — A. No; I never saw them
carrying their young in the water.
2i. Q. Down tiie coast the seals are pretty well divideil, are they not? —
A. Yes.
25. Q. The cows travel by themselves, and the bulls by themselves ? — A. Y'es.
2C). Q. Did you say that you have caui,'ht more bull seals than cow seals (luring
the season ? — A. Y'es, along the coast; but when I got up and up I got more bulls
than cows,
1:7. Q. What nioiiths have you seen more cows in proportion than other
montiis ? — A. In February, March, and April.
:2S. Q. Hut even when you see more cows the average of the seals killed is in
favour of the bulls, is it not? — A. No; it is about equal.
20. Q. You say the cows travel quicker towards the Rehring's Sea? — A. Y'es;
when we get further up the cow seals seem to leave the bidls behind.
iiO. Q. lias it always been so? — A. Yes; 1 have got 181 seals in a day, and not
a cow amongst them, but you sometimes get one. I think the average is about one
in ninety.
;$1. Q. You always get more bulls than cows? — .'1. Yes, up there.
oL'. Q. llow' many out of ever\ hundred seals you had on board your vessel last
year would be females? — A. I think fully a half of them would be cows.
33. Q. llow many of them would be bearing cows, and how many of them
would be barren cous? — A. Of bearing cows, I think about IS or iH) per cent,
would he bearing (.'ows. I do not think there would be so many as that. I had
2,0(it), and I think there woidd be only about 12 or 14 [)er cent, with pups; the
others would be what are called barren cows, and a lot of them would be dr\
cows.
•34. Q. With the barren cows and llie ones bearing young you say would make
up about half your catch ?—.•(. Y'es; about half ami half.
35. Q. The proportion of males and females, though, diipends upon the crowds
or groups you get into? — A. Yes; it depends upon the baud you strike.
•31). Q. You never, at any time, had more femalts than males in ;iny of your
calclies ? — A. No, never.
.">7. Q. While in Ik-hring's Sea during the last four years had you ever heard
ot any Canadian schooners "raiding" the Pribylolf Islands? — A. No. I never
heard of any of my crew being engaged in such. Several of my crews told me of
llie .American sealers raiding them, but I never heard of a Canadian vessel
doing so.
:!S. Q. If you were bound to maki; a statement on your oath, you would
say you believed no Canailian vessels ever raided the I'ribylolF Islands lor seals ? —
A. Not as far as I know.
•Ml. Q. You believe, as a matter of fact, that the owners of Canadian sealers
and their masters have never countenanced this raiding? — A. 1 believe that is the
feeling that prevails among them all.
-10. Q. You have heard mentioned the names of the .\merican vessels that
raided those islands? — A. Y'es; I heard of the " Mollie .\dams" and "Cicorge
R. White," but not any others.
[572] 2 A 2
180
41. Q. You liavo not heard of any others? — A. No; I have not heard of any
others.
4li. Q. Yoii have lioard ol" vessels riiidin};^ the Copper Islands? — A. Yes;
1 iiavc heard of the " Elaniiltori Lewis " luid " Webster" raiding Copper Island.
43. Q. Tlioi-e vessels you name arc all American vessels? — A. Yes.
44. Q. Manned hy American crews? — A, Yes.
45. Q. Have you any recollection of .seeing any of tiiose vessels in this
(Victoria) Harbour? — A. No.
(Signed) TIIEO. M. MAGNESEN.
Sworn before me, this 23rd day of January, a.d. 1892.
(Signed) A. 1?. Milne,
Collector of Customs.
Henry Crocker, hunter on board the schooner " .^nnie E. Paint," having been
sworn : —
05. Q. How long have you been engaged in sealing? — A. I ha' ■ been hunting
won for three years ; this is m\ fourth.
66. Q. From your observation, do you think that the seals w , ., ilentifid last
year as tliey were during the previous seasons? — A. Yes ; from what I saw of them
I am sure they were just as many as before.
67. Q. In what months do the female seals seem to be the mo.st plentiful In the
sealing-grounds? — A. I believe that from February to May the females seem to
predominate in numbers; that is, when the cows arc getting heavier with young,
they make for the islands sooner than the bulls.
68. Q. Is it more difficult to shoot a female seal than it is a bull? — A. The
males are more easily killed than the females, owing to the inquisitiveness of the
males, and the females being more shy, and also as they move along the water with
only their nose visible.
09. Q. As an experienced hunter, what percentage of loss have you had by
seals sinking? — A. It is very rarely that a seal wil! sink. I have been a whole
season and have not had more than half a dozen sink during the whole season.
70. Q. Can you form any estimate of what your loss has been ? — A. i would
say not more tlian .1 to 4 per cent.
71. Q. Was the loss last year more than in previous years? — A. I could see
no diflerence.
72. Q. As a reason for the small percentagn of loss, you get very near the
seals before shooting? — A. Yes, Sir; the usual distance is within about 20 feet to a
sleeping seal.
73. Q. If a man has a higher percentage of loss than that, he must be careless,
you think? — A. Yes, I should say so, and not a first-class hunter, for there is no
necessity for losing a seal.
71. Q. Does your percentage of loss agree with other hunters with whom vou
have conversed ? — A. Yes.
75. Q. So that on the coast and in Behring's Sea the same percentage would
apply ? — A. Well, on the coast one does not very often sink a seal ; but in Behring's
Sea, if a cow, having delivered her pups, is shot, she will be more apt to sink, as
the blabber is very much thinner. But, on the whole, I think the percentage will
not be more than .3 or l per cent, of loss.
76. Q. Have you taken notice in hunting whether there are more females than
males, or the reverse, taken? — A. There is fully 80 per cent, of bull seals killed off
the coast, as well as in Hehring's Sea. I think the reason for this is that the
younger bulls are driven off by the older ones, who guard their particular herds.
77. Q. In the three years you have been in Behring's Sea has it always been
your experience that there were more males caught than females? And in what
proportion ? — A. 1 say about the same as this year ; I don't see any difference.
78. Q. Does your percentage of females taken agree with that of other hunters
with whom you have conversed ? — A. Yes.
79. Q. As an experienced hunter, then, you adhere to the statement that for
the whole sen
of seals caus
80. Q. 1)
81. Q. 1
predominate i
earlier than t
82. Q. I
islands ? — .(.
s:}. Q. \
inducement t
H-1. Q. 'I
A. No, Sir;
til islands.
85. Q. I
heard of it ?■
86. Q. ""
Islands ? — A
Sand Point j
one vessel w;
87. Q. '
islands ?— ./.
(fhe for
and substani
Sworn I
1892.
(Sii
George
sworn, says
55. Q.
hunting for
:>(■). Q.
A. I'liev we
57; Q.
females tog
bv tliernselv
58. Q.
A. Well, I
more.
59. Q.
.1. Well, fr-
00. Q.
best place,
01. Q.
year ? — A.
1 have be(
females.
02. Q.
months of
There are
time.
63. Q.
seal island
have heard
raiding a s
181
the whole seasons' . itches for tlic years you have been hiintino;, that the percentage
of seals caunht will be about three males to one female?—/!. Ves ; about that.
80. Q. Do you include in that statement barren cows ? — A. Ye.s.
Hi. Q. Have you any i<'ea or reason of your own why the males come to
preiloniinate so much ? — .-/. 1 think it is because the females make for the islands
eailicr than the youri};- bulls and barren cows.
H2. Q. Have you ever heard of any Canadian vessels raiding the seal
islands ? — ./. No, Sir.
S.'J. Q. Vou have never heard of any Canadian master or owner offering any
inducement to hunters to raid the islands? — A. No, Sir.
HA. Q. There has never been atiy bonus offered you to raid the islands ? —
A. No, Sir; while in Hi'hring's Sea we are always too anxious to get away from
th islands.
H5. Q. If an/ Canadian vessels had raided the islands you would have likely
heard of it? — .-/. Yei I think it is impossible to keep it as quiet as that.
8(i. Q. You have i eard of .American vessels raiding the Copper and PribyloflT
Islands? — A. I have heard it. i have known of the American vessels going into
Sand Point just after they had raided the islands, and 1 was in Sand Point when
one vessel was fitted out lor the f)urpose of making a raid.
87. Q. The masters with whom you have sealed all seem to have avoided the
islands ? — ./. Oh, yes ; they keep away from the islands between 50 and 100 miles,
(The foregoing having been read over to the said Henry Crocker, he corroborates
and substantiates the whole of the said statements.)
(Signed) HENRY CROCKER, Hunter.
1892.
Sworn to before me, at Victoria, British Columbia, this 18th day of January,
(Signed) A. 11. Milne,
Collector of Customs.
George Roberts, hunter on board the schooner " Annie E. Paint," being duly
sworn, says : —
55. Q. I low long have you been engaged as a sealer ? — A. I have been at seal-
hunting for three years, one season as a hunter.
."jfi. Q. Were the seals more plentiful last year than in previous years? —
A. They were just about the same as regards number.
57. Q. How do the seals generally travel — in mixed numbers, males and
females together? — A. The seals travel in bands of bulls and bands of cows, both
by tiiernselves.
"j8. Q. What is the proportion of seals lost by sinking after being shot?—
A. Well, I should say that 3 to 5 per cent, would cover the whole loss. It is net
more.
50. Q. What is the distance you are off a seal when you shoot, generally?—
A. Well, fnm 20 to 30 Icet for a sleeper, and for a traveller from 25 to 30 feet.
on. Q. What part of the seal do you aim at? — A. I aim at the head, as the
best place, being the surest.
01. Q. Do you think there were any more female seals shot than males last
year? — A. No; I think there were more males shot; in fact, I think that since
I have been engaged in the business there have been more males killed than
females.
62. Q. What months have you noticed more females than males? — A. In the
inontlis of March and .April there arc more females than at any other time.
There are more females killed during those months than there are any other
time.
63. Q. Have you ever heard of any of the Canadian vessels poaching on the
seal islands? — A. I never did ; I would have heard of it if there had been any. I
have heard of the American raiders ; but I do not know of a single Canadian vessel
raiding a seal rookery.
182
64. Q. If a seal is sinking, does it go quickly or slowly ? — A. If it is not too
far away it can always be secured, as it docs not go too quickly to get it.
(The above liavirg been read to the said George Itoberts, he corroborates and
substantiates all of the foregoing statements.)
(Signed) GEORGE ROBERTS, Hunter.
1892.
Sworn to before me at Victoria, British Columbia, this I8th day of January,
(Signed) A. R. Milne,
Collector of Customs.
Ricliard Tliomson, hunter on board tlie schooner " .Annie E. Painter," being
duly sworn, says: —
40. Q. How hing have you l)een engaged in sealing? — A. I iiave been engaged
as a hunter for two years.
41. Q. Were the seals as plentiful last year as Ihcy were the previous year, to
vour observation? — A. Yes; I believe they w(M-e.
42. Q. Were the seals apparently harder to ap])roaclt than they were in
previous years? — A. No; I can't say that I saw any diH'crence.
43. Q. How do the seals generally travel? — A. As a rule the bulls travel
separately, and quite a distance ajiart generally.
44. Q. What is your experience in hunting as to the number of seals lost
after being hit' — A. I should think from 3 to .0 per cent, would cover all.
45. Q. What is the usual manner in which seals arc lost? — 1. Well, if iho
seal is in a certain i)0sitinn and shot so as to allow the air to cscapt;, the scui will
be lost. As long as the head sinks below the water fn-st, the seal will not sink.
They very rarely sink in any case.
46. Q. You carry a spear on a gaff, don't you ? — A. Yes ; it is carried to spear
the seals when they are going down.
47. Q. From your experience in sealing, you consider that from 3 to .0 per cent,
would cover the total loss of seals, afcer being shot, through sinking? — A. Yes.
48. Q. \\'hen you shoot a seal at a distance, and do not shoot them in a vita!
part, they make off, do they ? — A. Ves.
4'.). Q. You don't consider that lost, then » — A. No; we don't consider the seal
lost unless it sinks.
50. Q. Have \ou handled more males than females during the piist two years?
— A. I should say more males.
51. Q. Have you any idea of the proportion of males — would there be two males
to one female r — A. 1 should say from 70 to ?S0 per cent., or about three males to
one female.
.')2. Q. i'l what months do you consider that there are most females killed r—
/(. During the montlis of April and May. There are apiiaren'tly more females,
but i!C)t as many as males.
o'}. Q, You have never known of any Canadian schooners raiding the seal
islands have you r — /(. 1 have never heard of a Canadian, but [ have of the
American.
ni. Q. During the time that you have beeti to Behring's Sea, you would have
heard of it? — A. i would certaiidy have heard of it.
r).5. Q. You have always sailed out of this port r — .4. Yes, Sir.
(The al)ove having been read over to Richard Thomson, he corroborates and
substantiates the same.)
(Signe<l) R. THOMSON, Hunter.
!■ worn to at Victoria, British Columbia, before me, this 18th day
Janua' , 1892.
(Signed) A. R. ]Milne,
Collector of Customs.
of
Andrew ]
1. Q. Yo
have been ten
2. Q. Yo
the average i
know as muc
:i Q. Y(
sealing busin^
been sealing
4. Q. Y(
—A. Yes.
5. Q. Fr
materi'ii deci
0. Q. it
year before i
than 1890.
7. Q. D(
8. Q. \\
come from t
dillerent |ila
may be. Th
9. Q. NV
A. In the sp
miles. I ha^
10. Q. I
— A. Commc
when you gc
11. Q. -
their food lis
12. Q. '
migration ?-
13. y. ]
schools, froti
14. Q.
15. Q.
—A. They a
coast off Cu
over 100 bu
70 were bul
Ki. Q.
depend enti'
composed o
17. Q.
you seen an
about three
Island, I th
18. Q.
do you finii
The Indiar
Whites.
19. Q.
the leeward
and make
away.
'20. Q.
Yes; h(
21. Q.
No.
22. Q.
hunter ? — j
23. Q.
seal is slcei
A.
A.
183
Victoria, B.C., January 22, 1893.
Andrew Laing. caller] and examined by Collector A. R. Milne: —
1. Q. You are one of the oldest seal-liuiitcrs in the province, Mr. Laiiipjl' — A. I
have been ton years at it.
2. Q. Your knowledjj;e of sealing really goes beyond the present knowledge of
the average sealer? — .'/. I have had as much experience as any of th(Mn ; 1 (hink 1
know as much as any (il'tliem.
'A. Q Your observations on the west coast extend beyond tlic advent of the
scaling business in Behring's Sea r — A. Yes. I went on the coast in 1K71, and have
been sealing with natives for the last twenty-one years.
4. Q. You had ample op|)ortunitv of oi)serving tiie life and habits of the seals?
~A. Yes.
i". Q. From those observations last year did you notice any perceptil)le or
matcri'ii decrease in the number of seals ? — A. None whatever.
(j. Q. It was generally reported last year they were more nunicious than the
year before ? — A. Yes. 1 think if anything they were a little mor ; numerous
thf.n 1890.
7. Q. Does that remark apply to full-grown? — A. To full-grown and mid-si/.ed.
8. Q. What direction do the seals on tlie coast usually come from? — ^-1. They
come from the south, tbllowiui; the herring, which spawn on the west coast and
dilfercnt places, and the seal follow (hose (ish into the shore or far out, as the case
may be. The natives get a great nunilier ot these seals among a school of herring.
9. Q. What is the usual ilistance which the natives hunt away from shore';' —
A. In the spring they will hunt 10 or 15 miles off, later in the season '20 or 12 '<
miles. I have seen them 40 miles from the land.
10. Q. How long (Iocs the hunting of the seal on the west ccast usually last ?
—A. Commences in February, or latter end of .January, and lasts till the 1st .June,
when you get more or less seals ; you can get a few stragglers in .July.
11. Q. And the tendency of the seals is from the south ? — A. Yes, following
their food lisli.
12. Q. You have been down the coast to where you meet the seals in their
migration? — A. I have gone down as far as Siioal Water liay, Columbia Kiver.
13. Q. How do you meet the seals — in large bands or batches? — A. Yes, in
schools, from two to twenty in a school.
1-1. Q. Do they seem to trivel in pairs? — A. No, Sir.
15. Q. Do you iind in these schools, or bunches, they are all males or females ?
— A. Thev are mi.xed. 1 remember an instance — I think in ISHG — when we got on the
coast oil" Ca|>e Flattery citlier lOi or 101), am not positive, and out - r that there wen-
over 100 bull seals, and the next day we got about 86, and out of that number over
70 were bulls. That was in the year 188(5.
If). Q. Would your observation lead vou to suppose that your catch would
depend entirely upon the group of bulls or females as to which your catch would be
com|)osed of principally? —^1. As we get amongst them ; )es.
17. Q. But taking one year with another — from 188() to the present time — have
you seen any n.ore females killed than of l)ulls ? — A. No, Sir. I think we have got
about three males in live, anfl when we get up about the Bank, about Middleton
Island, I think they will average more males tiian females.
18. Q. When you strike the seals on the coast aboiit 40 or 50 miles from sliori.',
do you find a large ftroportion of them sleeping?—^. They are generally sleeping.
The Indians get none but sleeping seals. I have never been working witii
Whites.
19. Q. The natives approach the seals very close ? — A. Yes; and he comes to
the leeward of them, and if there is any sea on they get into the trough of the sea
and make no noise. If he went to windward tliC seal would scent him, and get
away.
'20. Q. When he gets close enough he throws his spear, and seldom misses i" —
A. Yes ; he don't miss one in ten.
21. Q. And when once his spear is fastened, the seal never gets awav V —
A. No.
22. Q. If an Indian loses more than what you say, he would not be a good
hunter ? — A. No good at all. It would not pay to " pack " him.
23. Q. Do the Indians ever ghoot? — A. Soiuetimus, They never shoot if the
seal is sleeping.
vreciCi
ISd,
Q. You mean by "loss" — what? — A. By sinking.
Q. If the seal is wounded so it gets away, you don't consider it lost? —
24. Q. Does that percentage of loss applv to the sleeping seals only ]-
A. Yes.
25.
26.
A. No.
27. Q. If speared and wounded, and scurried off, you don't consider it lost? —
A. Oh, no; not lost.
28. Q. The Itidiaii hunter is very close to tlie quarry, and rarely misses his
aim ?—A. Well, he will get within 25 or :iO yards of it.
29. Q. Have you noticed any marked diH'erence in the manner in which the
females carrying young travel as compared with the males? — A. The only
difference I could see is that they will travel very fast for a little distance, and then
turn up and rest.
30. Q. 1 mean, do they sink their bodies more? — A. No; they do not.
31. Q. Do you think the female is more shy than the male, that is those " with
young"? — A. No. I think tlic\ arc not any niore sliy. The female is always
inclined to be sleepy. The male is always on the watch, and will rise till his head
and shoulders are out of the water.
3'I. Q. One hunter has said that the female lies deep in the water, exposing
only a portion of her head? — A. I have never noticed that. When lying asleep
one-half of the head is under water.
33. Q. Then you will say that the percentage of loss of the Indian hunters is
not more than how many in the hundred? — A. Not more than one in ten ; not more
than 10 per cent.
34. Q. You say you never hunted with white men until this year? — A. No.
35. Q. If any person made a statement that there is a greater amount of loss
than what you say, you would not regard it as correct? — A. I would say it was
not correct, with Indian hunters.
3H. Q. Your statement is based upon actual experience? — A. Yes.
37. Q. In going down the coast in the spring, in February, March, and April,
have you noticed (hat females are more plentiful than in the following months ? —
A. I do not think they are.
38. Q. But as they come from the south, you think they are not? — A. Between
January and .lune, and between the south and the Shumigan Islands, have you
noticed any time or place where there were any more (emales killed than others? —
A. I tliinl: in May, 1 have noticed one thing: vou will not find, take one in ninety,
you will never find a female pup. Where th(! female young go to is something tliat
the Commissioners ought to have found out before they came down from the sea.
39. Q. It has been stated that the Indians say tiiere is no such thing as a
female grey pup? — A. I have nevcT seen one yet, and cannot account for if, unless
the females go one way and tiie males another.
'10. Q. Among all yearling grey pups, there has never been any one known to
have found a female? — A. Yes, it is a fact. I have heard a great deal of talk of
females having young on the kelp, too, but I don't think tiiat is so. Some hunters
report of seeing pii[)s off Middlelon's Island, but I think tiiat is impossible.
41. Q. Have you ever seen them cut a juip out of the female seal ? — A. Yes;
and I have seen the pup so cut out walk or move aiioiil the deck of the vessel, and
I have tried to raise it. I have also thrown it into the water, and have seen it swim
about like a young dot; ; 1 have seen it keep alloat for fifteen minutes, as long as the
vessel was within sight, On the islands, the mother seal will take the young and
force them into the water to teach them to swim. They will never take the water
freely themselves for from six weeks to two months.
42. Q. You think they will swim 'jO yards probably, or ] 00 yards ? — A. Yes;
but don't think they could live continually in the water ii' they were born in it,
43. Q. When you strike tiic seals on the west coast, what would you say was
the usual distance per dav that the seals travel ? — A. That is impossit)le to say ; it
depends upon their food.
44. Q. That is, they lingc- longer over good food than otherwise ? — A. Yes ; I
remember in, I think, 1888, wii. i an Indian threw his spear at a seal, and his line
broke, it was near the Shumigan Islands, and he took the same seal the next day —
we lay-to all night — and he recovered his own iron spear-head. That might show
the distance they move in, say, a night, because it did not travel far.
45. Q. When you lower your boats two Indians go to a canoe ? — A. \es, and
lH)th paddle.
46. Q. '
47. Q. .
difference wl
48. Q. "^
A. It heals \
49. Q. '
A. Not mor
they shoot it
50. Q.
51. Q. I
52. Q. ]
months is a
53. Q. 1
are more ex|
expert.
54. Q. ]
retard them
55. Q. '.
hunter ? — A.
56. Q. ''
aboard in on
57. Q. (
58. Q. ]
Whites, go?-
vessel, till th
59. Q. I
be smooth v
back.
60. Q. I
May and Jui
Charlotte Isl
fil. Att
to the sea ?—
females — the
62. Q.
one gets his
females.
63. Q.
of?— ^. No;
64. Q.
loss of 1 in
A. Yes; 1
uj. Q,
more females
the ocean wc
06. Q
seals travel i
67. Q.
number of fi
68. Q.
you had in
to 2 females.
09. y.
70. Q.
4 males in 5-
71. Q.
account for
when the fen
72. g.
hunting to
— usually 30
island ; we v
73. Q.
made a boas
[572]
186
46. Q. The Indian in tiie how keeps his spear right before ? — A. Yes,
47. Q. And he tlirows it at the animal, and strikes it wliere? — A. It makes no
difTorence where they are hit. They try when shooting to hit in the head.
48. Q. When a seal is struck, or wounded, what time does it require to heal ?—
A. It heals very rapidly.
19. Q. What time does it require to get the seal aboard after it is speared ? —
A. Not more than two minutes when they spear, and not as long as that when
they shoot it.
50. Q. What is the usual lengtii of the scaling-boat? — A. About 20 feet.
61. Q. And the canoe ? — A. About 22 feet.
52. Q. Is it not a fact that sealing in these small boats in the stormy spring
months is a very hazardous undertaking? — A. Yes.
53. Q. It is commonly reported thai our seal-hunters, both Whites and Indians,
are more expert than any others on the coast ? — A. That is so. They are the most
expert.
54. Q. It is said also that unless the weather is very tempestuous nothing will
retard them? — A. Yes; they go out every chance they can get.
55. Q. The loss of a full-sized skin meant the last two years how much to the
hunter ? — A. About 3 dollars per skin.
5(5. Q. What is the largest number which you ever saw an Indian canoe bring
aboard in one day ? — A. Forty-eight in one canoe, in Hchring's Sea.
57. Q. On the coast, how many r — A. Thirty-four; that is over the average.
58. Q. In leaving the schooner, how far do the hunters, both Indians and
Whites, go? — A. They go as far as 10 or 12 miles, sometimes 15 miles, from the
vessel, till they can just see the tops of her sail.
59. Q. And this in pretty rough weather? — A. Yes ; pretty rough. It might
he smooth when they go out, but it often comes on rough before they can get
back.
60. Q. In following the seals up the coast in February, March, and April, and
May and June, where do you bogin to get them in larger numbers? — A. Off Queen
Charlotte Islands.
(51. At this time, are the fem.ales in advance of the males, seemingly hastening
to the sea? — A. They get through as soon as they can, the males in advance of the
females — they haul out first.
62. Q. Some sealers think the cows go ahead ? — A. The males haul out, and each
one gets his batch of females, aiul as the cows come in they make up their herd of
females.
63. Q. Have you ever, when with scalers, heard the percentage of loss talked
of? — A. No; 1 have never heard it mentioned with sealers.
64. Q. You speak from your experience with Indians ? Your percentage of
loss of 1 in 10 would be based on actual experience with Indian hunters? —
A. Yes; 1 in 10.
t)5. Q. You have stated that in the month of May you think there would be
more females than in the other months of the season ? At tluit time what part of
the ocean would you be? — A. Up olf Queen Charlotte Island.
G6. Q You have also stated that the more plentiful the ftxxl, tiie sIow.t tiic
seals travel? — A. Yes; they stay longer where the food is.
67. Q. At the end of any of your seasons, have you aftiiiiJiy counted the
number of females you had in your cargo? — A. 1 have never done s(5.
68. Q. Have you any idea of your last year's catch, what proportion of I'eniales
you had in the coast catch ? — A. I think there would be about 3 males in 5 — 3 males
to 2 females.
69. Q. That applies to the coast catch otdy ? — A. Yes ; up to Kodiak.
70. Q. In the Uehring's Sea, what projiortion would it bear? — .1. I think al)out
4 males in 5 — 4 males to 1 female.
71. y. Were y(>u in Uehring's Sea last year? — A. Tiie vessel was. The way I
account for getting so many males was, during the beginning ol' July and August,
when the females would be ashore nursing their young the greater part of the time.
72. Q. At any time in Uehring's Sea, what lias been your nearest point of
hunting to the seal islands ? — A, I have never been clo.scr in hunting than .'50 miles
usually 30 to 90 miles otf. We got blown in there once, tiie only time 1 saw the
island ; we were vrithin 10 miles of them then.
73. Q. You never saw or heard of any schooners, or spoke any schooner, who
made a boast of raiding the islands ?—A. None belonging to us. I heard of the
[572] 2 B
186
"Webster," "^ Mollie Adams," the "Hamilton Lewis," and the (lerman scliooncr
"Adele" raiding the islands.
74. Q. All these were American schooners? -/4. Yes; except the " Adele."
75. Q. There is no doubt, then, anions^ scalers, that these vessels did actually
raid the islands? — A. It has been coninioiily reported, and I have no reason to
disbelieve it.
76. Q. Did any of those vessels at that time belong to Victoria ? — A. No ; they
did not.
77. Q. Can you advance auN idea as to « hen the seals leave Beliring's Sea ? —
A. To the best oi' my knowledfre, about tiie middle oC ()ctoi)er.
78. Q. fs it the accepted idea that tiiose seals which leave JJehring's Sea in the
fall are the same that ret\irn in tiie spring ? — A. 'J'liat is my opinion.
79. Q. You have never heard at any time any inducement ever otf'ei'cd by a
captain or sailor from \'ictoria to shij) iiu'n or to perform any work with tiie
intention of raidins;' those islancls ? — A. Not from a Canadian vessel.
80. Q. It is a fact that every ship-owner and master of Canadian vessels h.as
deprecated the raiding of the islands, that is, iiave never agreed with it?- J. They
do not agree with it at all. Every one I have; s|)oken to are very ^veil satisfunl to
go into the sea and get iheir catcii legitimately.
81. Q. You thiidi there is ample held for hunting seals witiunit I'aiding the
islands? — A. Yes, 1 do.
82. Q. Is it your opinion, Captain haing, tiiat witii the increased iiuinl)cr of
schooners liere and in San Francisco, tliere will be any material injury to the
sealing industrv ? — -A. I do not think so.
8.'i. Q. I'^rom observalions made last year, you are quite of tiic^ opinion that the
seals were more plentiful tlian you had ever seen tiuMn before ? — .1. They w're more
plentibil last year, 18iM, than the year before, 1S9(».
8-t. Q. Is there any way you can account for that?— .1. None wiiatever, unless
it is the same as with any species of fish ; some years you get more tiiaii (jthers.
There is no accoiuiting for it.
85. (J. Referring to tlie numlier of feniaies caught in tlu' s|)ring, there are (piite
a nundjer of the female seals barren, or have never iiorne young ? Yon have
noticed it ? — A. Yes; some are barren that iiave had \oung, and olheis that have
not borne.
86. Q. \^'hen you speak of tiie proportion of fcmides kiileil, you nu^an the
barren cows as well as those that are bearing voung? -.1. Yes.
87. Q. Have you formed any idea of the general .ueiase or |iercentage of
females carrying young killed in April and Mav ?i— .(. I couhi not form any idea.
88. Q. Nor of barren cows ? — A. No, Sir.
89. (J. Would you ha/.ard a statement that all the females, both bearing and
barren cows, were certainly less tlian the male seals tak<'n .' — ./. Yes; cert.iinlv less
in number.
90. (j. If any one wvvr to m.ike the bold stiitemein that lor every male se.al
killed ther<' is a female killed, v.ould it be correct ? — .1. That would not be eoriect.
91. (J. You liav(' nut heard any estimate of the pei'centage oi barren females ;is
compared with the bearing cows kil'ed?-./. There are less of the barren ciws
killed in the spring than there are in the fall. 1 don't think that they go as far
south as the cows that bear young.
92. Q. You say that in Uehring's Sea the males preponderate ? — ./. Yes.
93. Q. Yon cannf)t account h)r tliis, you say, e\ce|it it be that the females are
all ashore bearing young? — A. The males we get in the sea are all :i- or l-year-olds,
which th(> old wigs would not lei ashore at all.
9-1. Q. .\ie there any " rookeries " along the coast of any extent i* — ./. I hav(!
never heard of one this side of the Sluimig.'in Islands.
9o. Q. Year alter year, hunting tlicn, do you lind them travelling along the
same course? — A. Yes, where their food is, from 1.") to 35 miles out.
9(i. Q, Your <)|)inioii is that the percentage of loss as compared with those
hit would not exceed 10 per cent, with Indian hunters? — A. How do you mean
lost ?
97. Q. You say a seal liit and not killed is not lost if it esca|>es ? — /). Yes,
98. Q. 'J'hen the proportion of loss in pro|)ortion to those killer! is about how
much — 10 ))er cer.t? — //. It does not exceed that.
99. Q. In the number killed during the dilUn-ent months of the season, what is
the proportiou of males to females ? — A. Three males to two females.
100. Q.
you are qu
master.'^, yoi
those inland
knowhidge.
101. Q.
leaked out ?•
it to tliemse
102. Q.
ashore ; — A.
in:!. Q.
they lost ai
would siidv,
l)Ut if they
101. Q.
105. Q.
relative to t
100. Hi
were smalle
107. Q.
better than
better.
108. Q.
better than
I don't knoN
100. Q,
spring mon
winter ? — .(
110. Q
best ? — A. I
111. Q
A. Yes ; a '
112. Q
do the othe
of them."
113. Q
they come i
' 114. Q
A. No, lhe>
that the W
115. (J
you think t
11(1. U
tlie stern b(
117. Q
puller, and
118. Q
outfit ol' gu
so much pc
119. Q
120. Q
outlit ; one
two or thre
121. (,
boat-hel])er
nothing.
122. Q
if tliev get
l'2:i. (,
121. (,
hin). 1 lur
again, bail
125. ',
[67.
187
100. Q. As to the abstention of Canadian sealers from raiding the seal islands,
yon are quite positive th.iL IVom your kimw ledt^^c of scaliiig-vcssel owners and
maslcrs, you give it as your direct opinion tliat no Canadian scaleis ever raided
those i^iiands. Voii woiilii say so ii[)oii oath in Court? — ^J, Tliey never did to my
knowlediie.
ini, Q. It' sucii a tliin>;- had been attempted, it wouhl, as a matter ol' fact, liave
lcai\ed out r — A, Yes ; it stands to reason tiie erews would have been unable to keep
it to tliemselves.
102. Q. They would tell it cither to their associates on board or alter pjetting
ashore ; — A. They could not keeji it.
10;{. Q. After the hunters L;et aboard at night, they usuallv recount whether
they lost any seals, •■uul in speaking of iheii' lo^.s, it would mean (hose seals that
would sink, not those that escape >--./. If they lost an\, they woulil not tell it at all,
but if they sunk ;iny, they would speak of it.
101. Q. \\)u are at |)resent a ship-owner, Captain Laing? — A. Yes.
105. Q, You have had great (jp])ortunities of hearing from all sources matter
relative to the seal lishing V— .1. Yes.
\i)C). Has it been noticed that the skins taken last year in the Hehring's Sea
were smaller than usual r — A. About the same general si/.e.
107. Q. Is it generally known that the seals caught on the Copper island are
l)etter than the averager — .1. I have never seen them, but it is reported they are
better.
108. Q. It is reported also that seals caught in .January, Marcli, and April are
better than any in ik'hring's Sea; they say the fur is better? — A. They say so, but
I don't know that you can see any dilference.
10!). Q. it has been said that the fur of the seals caught during the winter and
spring months is light ■• The fur of all animals in cold climates i^ thicker in
winter 'r — A. 1 have never noticed that with seals.
110. Q. A few years ago it was said that the iieliring's Sea skins were the
best r — A. It has i)cen so reported, but 1 don't think there is any ditl'erence.
111. Q. 'I'he "grey pup" of this year will he a '• brown pup " next year V —
A. Ves ; a " li-year-old " or " brown pup."
112. Q. Do the hunters usually follow the grey pups with the same y.cal as they
do the other seals': — ,1. They can't tell the dilference till thev are actualK "on top
of them."
118. Q. And they are apt to shoot little as well as big 'r' — A. Yes; everything
they come across.
114. Q. Were the Indian hunters more successful last year than Wliites '- —
A. No, they were not. It was a " stand oil" l)etween them. The only dilference is
that the Whites will risk more than the Indians.
ll:"i. (J. Till' expensive wages, cost of outlitting schooners, considered, don't
you think thai -1 dollars per skin a high hgurc for hunters!' — A. Il is,
lltj. Q. How many boats does the average schooner carry 'r — A. Aijout si.x and
the stern boat.
117. Q. And each boat takes (hrcjc white men 'r — A. Ves, a hunter, a boat-
ptdlcr, and a boat-steercr.
118. Q. The ship t'urnishes the boat, [guns, and outfit "r — A. Ves, the whole
oiitlit of guns, aiomunition, provisions, wages for the two men, anil pays the hunter
80 much per skin.
1 19. (j. .\t the present time, how much pel' skin ? — .(. .'i to 4 dollars.
120. <j. With Indian crews 'r — ./. They furnish their own caiuie, spears, and
outfit; one Indian steers; but the vei^sel finds them in provisions only. The last
two or three seasons some vessels lia\c supjilied guns and ammunition.
121. Q. Does the Indian get 1 dollars per skin ; does he out of that pay his own
boat-helper 'r — A. Yes, he pays out of his rate per skin. The ship pays the steerer
nothing.
I'J-'. Q. Therefore, il'thc Indian crews were as profitable, I hey .an: the cheapest ;
if they get as many skins ':-- A. Ves, if you can get them.
12;<. Q. Is the Indian a good liunli'r, in your experience 'i' — A- Ves, Sir.
121. Q. Hold and intrepid 'r* — ,(. Ves, when he is in h!.- 'anoe nothing will scare
him. 1 have seen an old bull seal eapsi/.e a canoe, and tlu^ Indians would get into it
again, bail the water out, and go on hiuiling as though uolhiiig had happened,
125, <J. Is the Indian lasiy, or does lie seem an.xious to |)roceed in the hunt from
[672J 2 a 2
'■I
188
day to Hay ? — A. In fine weather, yes, but when the sea is " choppy " he would
usually rather stay aboard.
126. Q. His canoe is not quite so strong as the sealing-boat ?— i. No, not
quite. .
127. Q. Have there been many accidents among the Indians — loss of life? —
A. Not siiici', 1 think, 1887, when a schooner foundered witli all aboard.
128. Q, Do you tliink that as the years pass along the Indians, as well as tlie
Whites, ;;et more expert in seal-huntinji; ? — A. Yes, they do.
129. Q. Notwithstanding all the ships in the fleet on the ocean, you would
adhere to your statement that you don't think there is any noticeable decrease in the
number of seals ? — A. Yes ; I do not think so. If the vessels had been let alone in
Behring's Sea last year, we would have had a bigger catch than any previous
)ear.
130. Q. Ho you think. Captain Laing, if they would cease killing seals in the
PribylolT Islands it would increase the number of seals on the coast ? — A. I think it
would.
131. Q. If the rookeries were undisturbed by anything, you think the seals would
be more iilentiful? — A. I do.
132. (). Have you any opini(»n to offer as to killing seals on the islands doing
more harm than anything else? — A. I think the American people are doing more
harm by killing seals and interfering with them on their rookeries or seal islands than
we iui liters do on the oast.
133. Q. You have never heard of any rookery along the coast? — A. I never
heard of one. There is a rookery of sea lion off Queen Cliarlotte Island, but I never
hc.ird of any of seals.
(Signed) A. D. LAING.
Sworn before me, this 25th day of January, a.d. 1892.
(Signed) A. II. Milne,
Collector of Customs,
Januari/ 25, 1892.
William Cox, present master of the schooner "Sapphire," of Victoria, called
and (!xamine(l by Collector .Milne :—
1. Q. You are engaged in the sealing business, Captain Cox? — A. Y''es, I have
been master of the sealing schooner "Sapphire" for the last four years.
2. Q. How many boats do you carry in your outfit ? — A. I carry canoes and an
Indian crew.
3. Q. AVith the exception of how many white men to navigate ? — A. Seven
white people I carry for navigating the vessel.
4. Q. The number of Indians ? — A. The last two years I have had twenty-eight
north to Hehring's Sea.
5. Q. And how many canoes ? — A. Fourteen canoes.
6. Q. Had you more canoes on the coast? — A. Yes, F have had twenty-four
canoes while on the coast.
7. Q. Wiicn you finally leave for Hehring's Sea, you (lro|) a number of the
Indians, and oidy take about fourteen canoes with you ? — A. Yes.
8. Q. Do you prefer Indian crews to white men ? — Yes, I do.
9. Q. What are your reasons for the preference ? — A. Well, I get along better
with them for (.ne thing; there is more honour among them than among the average
white crew in this business. They don't make an agreement to-day, and break it
to-morrow if they see a chance to make a little more.
10. And they don't (juarrel amon^ themselves? — A. No; and you can generally
trust them more.
11. Q. They are more profitable too, are they not ? — Yes, a little more.
12. Q, They furnish their own canoes? — A. Yes, and spears and boatmen; and
it is not such a heavy outfit, but their canoes are light and easily broken by the
heavy seas.
13. Q. 1'hey are better then aboard a large vessel ? — A. Yes, but you have to
be very careful — the canoes are "dug-outs" and easily shattered.
14. Q. Apart from getting along easier with the Indians, the experience is
189
just about the same as with a white crew ? — A. Yes, the skins cost about the same
in the end.
15. Q. Do the Indian crews venture out during the stormy weather as much as
the white men ? — A. Yes, almost as freely. I have had the same crow so long now
that they will do anything I wish thorn to do.
16. Q. Do you take them down the coast ?— /i. Yes, and up the coast and on
into Behring's Sea.
17. Q. They spear all their seals? — A. The greater number of them, yes, liut
sometimes shoot ; they spear all the " sleepers."
18. Q. What proportion do you think they shoot ? — A. They shoot, probably,
twenty out of the hundred ; but I think now the (lect is getting so large there arc
more wake seals, that consequently they did more more snooting with me last year
than ever before. They never shoot a sleeping seal.
19. Q. Do you think the seals are getting more shy on account of the larger
fleet of vessels ? — A. Yes, they are much more shy.
20. Q. Do the Indians approach the seals from leeward? — A. No; the Indian
always goes "across on the wind;" he pulls up almost in range of it, and goes
across the wind. They have a sort of idea that the seal sleeps with one eye open,
hence the way they approach.
21. Q. When they heave the spear, the barb holds fast? — A. Yes; if they
strike the seal at all, they cannot lose it.
22. Q. Therefore the percentage of seals killed by Indians and lost would be
very small? — A. I would really count it nothing. If they did lose one by the
spear pulling out of the blubber it would not kill the seal, as it heals so quickly
again.
23. Q. The barb holds them, and they have no chance to sink ? — A. Yes.
24. Q. Therefore the percentage of loss is nothing ? — A. I would not reckon it
anything,
25. Q. The loss they make is only when firing at a travelling seal ? — A, Yes.
26. Q. And that loss would be by the animal escaping ? — A. Yes.
27. Q. You would not consider it lost, then ? — A. No. If not hit in a vital
part it is not lost, for the Indian fires at a close range, and there are two in a boat,
and almost sure of it before the shot is fired, because they can't sink far before they
are right on to it.
28. Q. So the percentage of the seals lost by Indian hunters, " slcejiing " and
not " travelling," would be how much? — A. With sleeping seals there is no loss.
In travelling seals there are none lost, only in escaping. Last year I saw a great
number of seals brought in that had been shot before.
29. Q. From personal knowledge and observation, you are satisfied that a flesh-
wound made in the seal would heal rapidly and not injure the seal ? — A. Yes; the
shot seems to strike in the fatty parts or blubber, and does not seem to hurt the
animal, as it closes over and soon heals.
30. Q, In the months of February, March, and April, have you seen a mariicd
number of female seals bearing young killed? — A. Yes; in winter there are a
number.
31. Q. Does that mean " barren " cows ? — A. No; on the coast we get them
"with young." I have not seen many "barren cows" out here in winter.
32. Q. During the months of February, March, and April, wiiat would you
say was the |)roportion of males to females? — A. I have only done one winter's
sealing, and that winter they would bo fully one-half females during Foi)ruary and
March.
33. Q. That is, there would be as many females as bulls and grey pups? —
A. Yes ; I have never seen a female grey pup on the coast. That is a yearling
grey female seal ; that is corroborated by the Indians. All the yearlings seen t)y
me have been males.
34. Q. That i s well known, you say, by the Indians ?— .J. Oh, yes. They
remark this.
• ••••*«
38. Q. But there is a larger number of males killed than females in April, May,
and June? — A. Yes; In t.hose three months we get a larger number of males ; bulls
from 3 to 4 years old ; all about the same si/.e.
39. Q. Your opinion is that the females, after the month of May, hasten on to
the Behring's Sea ? — A. Yes.
40. Q. Now, from the beginning of the sealing season, when you start out this
k
190
time of year (January), till the time you cntei" HcliriiiLr's Sea, wliat is your opinion
as to tile |ierceiilii;;e of t'eniale seals, ineludin^ both lieariiig and liarren cows,
liilled? \\'iiat would he the proportion of female seals, including liotli hearing;' and
barren cows, killed? What woidd be the pr()portioi\ of females as compared with
the bulls r — .1. |{ii;ht up to the Sliuminan Islands r
41. Q. Ves. Wonlil it be (iO pirecht,. or 70 per cent., or what.' — //. Ves, I
think it would be- about 0") or 70 per cent, of ni;de>, !\nd the remainder mixed cows
— bcarini; and barren cows.
■12. Q. j\bout what percentage of baireii cows'r — ..•(. 1 think about cipially
divided : about i .O per cent, of barren and l.'i pel' cent, of bearing cows, and 70 per
cent. <<f bulls, w(julil prelly near represent (lie cauii on iIk^ np|)er and lower
coast.
4i5. Q. There is an o|)inion expresood that a seal pup will not swim ; some
people say so? — .1. 1 have seen three with their dams in the water du liie Alaskan
coast.
f-.t. Q. How far from shore I — J. 40 or ">() njjles Irom shore, in (he month of
June.
4J. Q. Is it your o|)irdon that they would be born in the w.'i'or r — A. Yes, or
on the kelp. Seals mate in the water, sleep in ihe water, and I have seen |)ups
taken from the dead mother on the vessel, and ihiown overboard and swim aiiout
awhile in the water. I have watched such pups swim about for half-.in-liour or
more. They seemed to have no didiculiy in swimming.
40. Q. Vou have never seen or heard of a Canadian sealing-schooner attempting
to raid the Pribylolf Islands .' — A. 1 have never heard of one.
47. Q. If such a thing had been done or attempted it would be sure to be
known among sealers '—A. Ves; it would be impossible to keep it a secret.
4S. Q. Is it your o|)inion that our sliip-ou ncr.-^ and masters have done every-
thing they could possibly <io to discourage anything of that kind.' — A. Yes;
everything,
41). Q. What has been the general distance sou havcsealed — the distance from
the seal islands-' — A. Fiom 100 to 1 10 miles. 1 was within SO miles of them last
year; that was the nearest I was to them.
50. Q. Of course your men on board would, if thev had ever been engaged in
such raiding ol' the islands, certainly have told their fellows? — A. Yes, it woulil
soon have become known.
r)l. Q. It is well known to all sealers that certain schooners have raided those
islands?—.!. Y'es, during 1889 and 1890.
.'31*. Q. Do you remember what their names are? — .(. Yes; 'the American
schooner '• Mollie Adams," "(Jeorge K. White," and others.
r»2. Q. Do you remember any other schooner raiding the islands? — A. Yes;
the German schooner " Adele."
53. Q. it was well known that it was a German vessel? — A. Oh, yes.
64. Q. Those American vessels that raided the Pribylolf Islands recruited their
crews — where? — A. I think the '■ Mollie Adams " recruited her crew at Gloucester.
fiS. Q. In the Ignited States? — A. Yes; she iitled u|) in i'ort Townsend,
Washingt(jn.
.00. Q. Did you ever hear of any American vessels lifting out at Sand Point to
raiil the islands '!—A. I do not remendier it.
57. Q. Were you ordered out of IJi^hring's Sea last \eai' ? — A. Y'es.
(58. Q. Hy whom?— J. The Hrilish steamer " Porpoise."
59. Q. On being ordered out of the Sea, you immediately compli(!(l ? — A. Yes ; I
came right away.
()0. Q. Did you lower your boats afterwards? — A. I did not. I came right out
of the Sea.
01. g. What month was that?—.!. Olh August.
02. Q. Had vou not been ordered out, were vou in good hunlina- uround ? —
A. Oh, yes.
6;3. Q. Were the seals plentiful at the time you were w:\rned ; that is, as
plentiful as;you had previously seen them? — A. Yes ; just as thick as ever.
04. Q. \\iiat was your catch u|) to the time you were warned out? — A. '2A'M
in Behring's Sea.
(J5. Q. What was your coast catch? — ,(. 1,008 on the coast, and 2,4.14 in
the Sea.
GO. Q. Had you been unmolested lor another thirty days your chances were
101
good for a lai'ge catch ? — A. Yes ; our clinnccs were good for (niitc doiihling our
catch.
Cu, Q. Your |ii'inci|);\l gi-omid for .scalitii;- you lound — where ',' — A. About
100 miles westward of the Islamls of St. (le()r;;e and St. I'aul. I took 1,000 in four
(lays there.
'iw. Q. Duriiie; (liat time, when vou were getting;' seals so quickly, was your jicr-
ccnt;in'e ol' loss f;reater tliere tlian on the coast':* — .1. X<>; they were veiv (|uiet.
• 1'.). <J. "^'ou have stated tlint, I'rom your personal oi)servatiou, you think the seals
were as plenfiliii last vcar as you have ever seen them in 15chrin5z;'s Sea? — ,1. Yes;
niucli more so than I ever saw them before.
70. Q. More so at a distance of 100 to L'iii miles from the nearest seal island? —
A. Yes.
71. Q. What courses would that lie from the PribylofT Islands? — A. About
west.
72. Q. At the time you were sealin"' there were there any other Canadian
schooners in vonr comjiany .' — A. Yc%; the "Annie C. .Moore," the "Carmelite,"
and the "Ariel." 'J'liey had all an averan'c catch.
73. Q. F'.ave vou ever heard of tlie McLeans raiding Cop|)er Islands? —
A. Yes.
74. Q. Do you believe they did actually raid them'-' — .). Yes,
75. Q. Did you hear the storv of their goiui:;, with three boats of the
"Webster"' and ''City of San Dics^o " in a crowd, handing at a passage between
the rocks and the mainl.ind of the island, and standing there, where the water was
swift, and shooting the seals .as they p.tsscd through'.' — A. Yes; li\it they los* a
great many. 'I'he captain of the "San Diego" said that they did'nt get one-tenth
of what they shot.
7G. Q. II is the prevailing opinion among the sealers that the ".I. Il.amilton
Lewis" was seized for landing on the islands? — A. Yes; the Jlussians had been
watching her. She was seized for actually raiding the islands.
77, Q. \cni didn't go to the Copper Island side at all r — A. 1 did not.
78. Q. In leaving Ikdiring's Sea, where did you come out through r —
^•1. Through the four .Nfountain Pass.
70. (j. After yon li;ul been wnined out, did yon speak anv other cutter 'r — .(. I
did not.
>^0. (j. Dill you see any serds fi )m the time you were warned out till the time
you came thi-ough the pass ': — A. They were just ;is thick as ever within It) miles of
the l'"onr Mountain Pass. We were two days sailing through them. It grieved us
verv much, I can tell you, to sail through seals .and couldn't touch them,
Si, Q. 'J'he Kour Mountain Pass is about what longitude 'r — .1. " 17'2 Pass" we
call it.
S2. Q. But you say there were plenty ot seals from the time vou were warned
up to within -40 miles of this |)ass 'r — .1. Yes ; just as thick as where we had lelt.
i^'.i. (^. Will you state in direct evidence, as though in Court, that, as far as
vonr luiowl('dg(> goes, no Canadian sealer, ilircctly or indirectly, ever raided or
atteni|ite(l to r.iid the seal islands 'r — A. I have had ample op()oi-tunity of learning
if such had been the case, and 1 know of none.
Captain Cox, continuing, said : 1 didn't take one "bearing"' feniaU^ seal last
season in Hehring's Hea. I have taken a few which were evidently " with milk."'
SI. Q. 'A'hat |)ercentagc flo you say 'r — A. There; ndght be o per cent, of what
1 took which had h.ad voung; there was evidence of having had young; whether
they had last vear or not I ilo not know.
(Signed) \\ li;LIA:Nr COX.
7A
Sworn bef'oi-c me this 2")th day of .lauuary, 1892.
(Siyn(>d) A. li. ^[TT.^•1^,
Cnllrclnr of Customs.
^iii^
TREATY SERIES. No. 8.
1892,
'VllBArY AND CONVENTION
GREAT iUllTAIN AND THi: UNITED
STATES OF AMERICA
KULATrNU TO
BEIIRING'S SEA.
Signed at Washington, February 29 and April 18, 1892.
Ratijicalions exchanged at London, Mai/ 7, 1892.
Presented to both Houses oj' Parliament by Command oj Her Majeatij.
May 18!I2.
LONDON:
t'lilNTKU FOR Hi;il MAJlvSTY'S STATIONr'UlY OKFICi;,
BY IIAltKISON AND SONS, ST. MAliTINS I.ANK,
FlU>'TfiB8 IN ORDI^rAllY To IIEK HAJKHTY.
And to lio purcbosod, oithor illreotly or through en.v Hooksclhr, from
Kybh a SfomswooDE, Ka-ft llaniing Street, KIcc( Strecl, K.(3., aii'l
3'.:, Altiiigdoit Street, Weatiiiinster, S.W. ; or
Jouit Uenzies & Co., 12 Uuiiovur Sttcet, Kd>iibur^li, and
Uti, West Nile Street, (Ihsgow ; or
ll0£uu, Fioais St Co., 104, Uraltou Street, Uubiin.
TREATY AND CONVENTrOX BETWEEN GREAT
URITAIN AND TllH IIXITKI) STATES OF
AMERICA llELATING TO REUllING'S SEA.
No. I.
Tveiily linlirr,'!! Great firil^iiii iiiiil Ihe Uiiilnl. States (if America.
Arliitrnlion rix/ifrlinr/ the Sral Fhher'ws in IMtrimja Sea.
Siipied at Wash! mil n„, Fihruunj 29, 1S92.
[liiiliflfafionn rrrhniiytil at Limdiin, May ", 1892.]
IIf.fi Majesty tlie (iuceii of tlic Unitc<l Kingdom of Great
Hrila'm ami Irrlaiid niul the I'nitcd States of America, l)eiug
(U'siroiiN 1(1 provide for an amieal)lc sctllenient of the questions
whicli have arisen between their respective (iovernments lon-
ceriiin;,' tlie jurisdictional ri;;hts of the United States in the w.iters
of l!ehrini,''s Sea, and conccridiii,' also tlie preservation of the fur-
seal in or habitually resortin;; to the said sea, and the ri;;hts of
the citizens and subjects of cither country as rcijards the takin;; of
fur-seal in or babituallv resorting; to the said waters, have resolved
to submit to arbitration the (picstions involved, and to the end of
conchidinj; a (,'onvenfn>n for that purpose ha,c ajipointed a-.i their
respective I'lenipolcntiarics :
Her Majestv the (lueen of the United Kingdom of Great
Hrilain ami Ireland, Sir .lulinn I'auncefote, (i.C.M.G., K.C.B.,
Her .Maicsty's Knvoy Kxtraordinary and Minister I'lenipotcnliary
to Ihe United States; and the I'residenI of the United States of
America, James G. Blaine, Secretary of State of the United
States ;
Who, after having conniiunicated to each other their respective
Full Towers, which were found to be in due and proper form, have
Bjirted to ;uul concluded the following Articles : —
[38G]
ARTICLE I.
The questions wliicli have arisen l)etwecn the Government of
Ilor Tiritainiie Majesty aTul tljo (iovernnieiit of the t'niled States
coiieerMiiif; tlie jurisdictional ri^lits of the United States in the
waters of Behrin^'s Sea, and concerning also the preservation of
the fur-seal in or hal)itually resortins; to the said sej, and the
rifjhts of t!ie citizens and svd)jects of either country as rejjards the
takinj; of fur-seal in or hahitually resortint; to the said tvalers,
shall he suhinitted to a 'rril>unal of Arhitration, to he e(iin|Hjse(l of
seven Arhitrators, who sliall he a|i|iointecl in tlie fiillowinc; nianniT,
that is to say: two shall he rianicil hy Her Uritannie Majeslv;
two shall he named hv tlic President of the I'nited Siaies; his
Kxcelleney the President of the I'reneh IJepuhlie shall he jointK'
re(|nested Iiy the lliL'h {"imtraelint; Parties to name one; His
Majesty ihc Kini; of Italy shall he so re(|uested to name one; and
His Majesty the Kint^of Sweden and Norway shall he so requesle<l
to name one. The seven Arhitrators to he s mimed shall he
jurists of distinguished reputation in their respictive countries;
and the selecting Powers shall he requested to choose, if possihie.
jurists who are acquainted with the Knglish language.
In c; se of the death, ahsencc, or incapacity to serve of any or
eitlier of tlie said Arhitrators, or in the event of any or eitlicr of
the said Arhilratin's omitting or declining or ceasing to act as snidi.
Her Uritanirlc Majesty, or the President of the rnited States, or
his ICxcelleney the President of the French Uepuhiic, or His
Majesty the King of Italy, or His Majesty the Ki!\g of Sweden
and iNorway, as the case may he. shall name, or shall he requested
to name forthwith, another i)erson to act as Arl)itrator in the place
and stead of the Arhitrat or originally named hv such head of a State.
.\rul hi the event of the refusal or oirnssion for two months
after rei'cipt of tlie joint recpiestfrom the High Contracting Parties
of his Kxccllency the President of the French Kepuhlie, <n- Mis
Majesty the King of Italy, or His Majesty the King of Sweden
and Xinway, to name an Arhitrator. either to lill tlie original
appointment or to fill a vacancy as ahove |irovided, then in sm h
ease the a|ipointnicnt shall he made or the vacancy shall lie filled
in such manner as the High Contracting Parties ihall agree,
ARTICLK H.
The Arhitrators shall meet at Paris witliin twenty days after
the delivery of the counter-cases mentioned in Article IV, and
shall prori ed iinparlially and carefully to examine and decide the
questions iliat have Inen or shall he laid hefoie them as lienin
jirovided on the pait of the (iovernments of Her llritannic
Majesty and tlie Cnitcd States respectively. All ((Ues'ions (mii-
s. icied liy the Triliniial, including the final deci.sion, shall he
determined hy « majority of all the Arhitrators.
l''aeh of the High ( 'ontiacting Parties shall also name one
jierson to attend tlie Trihunal as its Agent to represent it
generally in all matters connected with the arbitration.
e Govcriiinent of
the t'niled States
ted Stiites ii> the
IP preservation of
^:ii(l sea, .-111(1 tlie
r\ as re^:u"<ls tlic
iIk' siiiil waters,
hi III' ciiniiiiised of
iilliiwiiip; iiiaiiiii'r,
ilaniiic Majeslv;
lited Stales; lii-i
ie sliall he joiiitlv
name one; llis
I name one ; and
II he so requested
named shall be
I'tive countries ;
lioose, if possihle,
uage.
o serve of anv or
t' any or eitliii .;f
iiij; to aet as smli,
I'liited States, or
Ifepubiic, or 1 1 is
Kini; of SHeiii'ii
shall he re(jnested
tratiir in the place
ch head of a State.
for two inontlis
iiitrartinf; I'arlics
llepuhlic, or llis
; Kini; of Sweden
o lill the original
ided, then in such
iiicy shall he til!ed
shall atrree.
twenty days afler
1 Article iV, and
iiie and decide the
le tliem as liei'iin
iif Her Hritannie
Ul ((Ues'ions (mu-
ileeision, shall he
ill al.so name one
to repre.sent it
ration.
ARTICLE IH.
The [irinted Case of c.ich of the two parties, accompanied hy
the documents, the ollicial correspondence, and other evidence mi
which each relics, sh di he delivered in duplicate to each of tlie
Arbitrators and i. I'lC .\;;ent of the other party as soon as may
lie after the apii.- .imeni. of tin? members of the Tribunal, hut
"illiin a period not exeeodinj; four months from the dale of the
excliaiiije of the ratitications of this Treaty.
.MilTCLK IV.
Within three nioiiths after the deliverv on both sides of the
printed case, either party may, in like manner, deliver in duplicate
to each of the said Arbilraton., and to the .V^ent of the other
parly, a eouiiter-ca.se, and additional documents, correspondence,
and evideiic-e, in reply to the case, documeiils, carresponcleiKv, anil
evidence so prcsenteil by the other partv.
If, however, in eoiisequenee of the distance of the place from
wliicli the evidence to be pr.'sunted is to be procured, either party
shall, within thirty days after the receipt by its A^^ent of the
ease of the other parly, !,'ive notice to the other ])arty tliat it
rc(piircs additional lime fur the deliverv of such coiniler-case,
documents, (.•orrcspondence, and evidence, such additional time so
indicaled, liul not, exceeihnii; si.>cly days beyond the three months
in Ibis .Vrlicle provided, shall be allowed.
If ill the case suhmitlcd to the .Arbitrators either parly shall
have specilied or alluded to any b'eport .ir document in its own
exclusive ]iosscssioii, without annexing' a copv, such party shall be
bound, if ihe oilier parly thinks proper to applv for it. to furnish
that |)arty with a copy thereof: and either party may call upon the
other, lbrou;^li the Arbitrators, to produce tin' Oiij;inals or certiticd
copies of any papers adduced as evidence, uiviiiy in each instance
notice thereof within thirty days after delivery of the Case: mid
the orii;inal or copy so re(piested shall be delivered as soon as
may be, and within a period not exceeding forlv da\s after receipt
of notice.
AUriCLF. \.
It shall i;e the duty of llic A;;ent of each party, within one
month after the expiration of the time hiniled for the delivery of
the counter-case on both sides, to deliver in duplicale to each of
the said .Arbilrators and to the .\i;eiit of the other jiartv a jirintcd
arijument showing the points and referring to the evidence upon
which his (JovcriiiiK'Ht relies, and citlier party may also support
the same bef .re the .Vrbitrators by oral argn;neiit of Counsel ; and
the .Vrbitral.irs may, if ihey desire further cluciilalion wuh regard
to any point, require a written nr prinit .1 stalemeul or argument,
or oral argu nent by Counsel, upon it; bul in such case tile other
|iarty shall b.: entitled to re|)Iy cither orally or in w ruing, as the
case may be.
AUTICLK VI.
fii iliiidiiiy tlic iiiattiM-s subinitlL'd In llic Arl)itr;itors. if if
(ii;ii-i'(l tliiit llie f(i|l()\viii;; live points shall he siihniitti'd to them,
ill order tliat their award shall cinhraee a distinet decision upon
each of said live poinK, to wit : -
1. What exclusive jin-isdielidii in the sea mnv known as tlie
Ui'hrin^'s Sea, and what ex<'Uisive riidils in the se d tisheries
llierein. did liiissia assert and exercise prior and up lo he time of
tlie cession of Alaska to the United Stales V
J. How fur were these claims of jurisdiction as to the seal
(ishevies reeoirnized and conceded liv (ireat Uritaiii?
;!. Was the hody of w iter new known as the Hehrinn's Sen
iiicUided in the plirase '• I'acilic Dceaii," as iisul in the 'I'leatv of
I •>!'.'> between Ureal Urilain and Russia; and what ri^ilits, if anv,
in the Uilnin!;'s Sea, were held and exclnsivelv exercised hv
iiiissia after said Treatv"'
■I Did not all tlie rights of linssia us to jnrischction and as t:)
the seal lisheries in HehriiiLj's Sea east of the water himndarv, in
the Treaty hetween the I'nitcd S;..:, ,iiul Itussia of the MH\i
March. ls(!7. pass unimpaired to "i I ■ I'cd Slates under that
'rrciity ?
.). lias the I'niled .States any ri^ilit, and. if so, what ri:;lii,Gf
pidttction or properly in the fur-seals freipienlinf; the islands of
the I'nitcd Stiles in Hehriii;,' Sea when such .seals are found
outride the ordinaiy ,i-iiiile limit ;
AUTIC!
\ II
If the (letprminalion of the foiVi;oiiif; (pieslioiis ax to the
exclusive jurisdieti.)ii of the United .States si all leave the subject,
iu such position that the concurrence ot (Ireat Britain is neeessarv
111 the establislimi'iit of Kei;uliiti(ins for the proper protection itiid
|U'escrvatioii of ll.c fur-seal in, or haliitually rcsoiiiii^ to, the
riclning Sea, the .\rhitrators shall then (leteriniiie what eoii-
rnrreiit Ke;;ulati(iiis outside the jurisdiction. d limits of the respec-
ti\c (iovenimeiits are necessary, and over what waters siii.'b
Ite^ulalions should extend, and to aid them iu that deterniiuatioii,
the iScport of a .Joint C.'oiiimissii;n, to he a])point'.'d by the
lespcclive tioveriinieiits. shall be laid helore them, vvith sudi
other evidence as either (ioveninieiil may submit.
The Iliudi C'ontraitini; Parties furthermore aitree to co-operate
in sccuriut; the adhesion of other Powers to such Ueuulutioiis.
aim'Icm; \iii.
The High Contractiir,' Panics having' fouiul themselves unable
to ai;ree upon a reference which shall include the question of tin-
liability of each for the injuries alleged to have been sustained by
the other, or by its citizens, in connection with the claims pre-
sented and urged by it ; and, bciii:" solicitous that this suburdiiiuto
\il)itrati)rs. if is
Miitlcd to tliciii,
f ilc:'isi(Hi ii|ii)ii
u kllllWIl lis tlic
K' sc il tislii'ric's
i|i I" lio lime of
.1^ to llic scil
' Hcliriii^'s .Sen
n I lie Trcatv of
it ri;ilil>, if iinv,
'ly t\prciM.'(l l)v
liftloii iinil as V.)
•r lioiiiiilai'v, in
^ia of tlio iidtir
atfs iiinliT lliat
I. "Iial n^lit, of
; the isliiiuU of
M'aU are found
.lions M to ilie
leave tlie .subject
fain is neeessarv
1' |ii-ole(.'tion (Old
I'siiilin^ to, the
niinc what eon-
its of tlie irspoc-
hat waters sneh
at (letevinination,
|)|ioiiit','d l)y the
llieni, willi sueh
;ree to eo-o|>eiatc
UunuUitions.
Iieiii.selves iMial)h'
e question of the
ceil sustairn-d hy
llie elainis |ire-
this siihordiiiatc
3uestion should not interrupt or lons^er delay the suhinission and
etcrmination of the main questions, do ii};rec that either may
submit to tlie Arbitrators anv question of fact involved in said
claims, and ask for a findini; thereon, the riucstion of the liability
of either Government upon tlie f.-iets found to be the subject of
further negoti.ation.
ARTICLK IX.
The Iliyh C'ontr.irtin^ I'arties liavin;,' agreed to appoint two
Commissioners on the pait of eaeli (Joierument to make the Joint
investigation ami Report eonteinplaved in the preeedini; Article VII,
and to include the terms of the said Aijreement in the ])reseiit
Convention, to the end ih.it the joint and several Reports and
recomnieiidulions of said ("oriiini>sIoiiers may be In due form
snbmiltc^d to the Arbitrators, sboiihl the i'oiitiiii;eiicy therefor .iri.se,
the said .\','reemeiit is accordiir,'lv herein included as follows: —
Kaeb (i<n'crnmeiit shall appoint two < 'oininiss'oiiers to iiivesti-
l^ate, conjointlv with the ('omuiissioMers of the other Ciovernnient,
all the facts h.ivini; relation to se.il-life in IJehrini^'H ,Sea, and the
measnres necessary for its propi'r protection and preservation.
The fiiur Commissioners shall, so far as they mav be able to
ngrec, make a joint Report to each of the two (joveriimi'nts, and
thev shall also report, either jointly or severally, to each (lovern-
mi'iit on any points upon which they may be unable toaa;ree.
'I'liese Reports shall not be made juihlic until they shall be sub-
mitted to the Arbitrators, or it shall appear that the contingency
(jf their being used by the Arbitrators cannot arise.
ARTICLE X.
Isach (iovernmcnt shall pay the e.'cpcnses of its niembcrs of the
Joint Commission in the investigation referred to in the |)receding
Article.
ARTICLK XI.
The decision of the Tribunal shall, if possible, be made within
three months from the close <if the argauieiit on both sides.
It shall be made in writing and dated, and shall be signed by
the Arbitrators who may assent to il.
The decision sh.ill be iu'diipiicatc. one copy whereof shall be
delivered to the A^eiit of (ireat Britain for his (iovernment, ami
the other copv shall be delivered to the Agent of the Unite 1
Slates fur his (jovernment.
ARTICLE XII.
Kacli Government shall pay its own .\gent, and provide f<n-
the proper reniiiner.ation of the Counsel employed by it and of the
Arbitrators appointed by it, and fur the e.\peiise of preparing and
submitting its case to the Tribunal. .Ml other expenses connected
with the arbitration shall be defrayed by the two (ioveriiments in
e(|ual moieties.
ARTICLE XIII.
Tlio Arbitrators sliall keep an accurate record of their pro-
cccdin(;s, and may appoint and employ the necessary officers to
assist them.
ARTICLE XIV.
Tlic Hiiili Contracting Parties enuacc to consider the rrxult nf
tlip prncccdinics of the Tribunal (;f Arl)itrntion as a full, perfect,
and final settlement of all the iiuestions referred tu the Arlii-
trators.
ARTICLE XV.
The present Treaty shall be duly ratified by Her Hritannic
Majesty and l)y the President of the United States of Amerita, by
arid with the advice and consent of the .Senati' thereof ; and tlic
ratilications shall be exchanfjed either at Wasliini^ton or at
London within six nionlhs from the date hereof, or earlier if
possible.
In faith whereof, we, the respective Plenipotentiaries, have
signed this Treaty, and have hereunto affixed our seals.
Done in duplicate, at Washington, the 29th day of Fcbruarv.
1892.
(L.S.)
(L.S.)
.IllLLVN PAUNCEFOTE.
,IAMi:s (;. BLAINK.
<^(jiivc>it'it»i /ji'firfi'u (I'lrnl llrlliiin uihl llm Uiiiled Slates "f Anwririi.
Modus Vivendi in Hehrimfs Sen.
Signed III U'lm/iiiii/lim, April 18, IR02.
[Halijiriitiun.t exchanged at Lwidon, May 7, 1S02.]
WiiRRKAs, by :i (Convention concluded between Ilcr Majesty the
(lueen of the United Kingd.)ni of lircal Britain an<l Ireland and
the United States of Anicrira on the L'lltli day of Pebriiary. li^!)'.',
the High Contra<'tin;^ Parties bave agr.'ed to submit to arbitration,
as therein stated, tiie (|uestions which have arisen between them
concernii.iT the jurisdictional rights of the United States in the
waters of Helunig's Sea. and nincerning also llie preservation of
the fur-seal in. or habitually resortini; to, the said sea. and the
rights of the subjects and citizens of cither country as regards the
of tlieir pro-
iry officers to
r tlifl result of
I full, perfect,
to the .\rl)i-
ler Hritaiiiiic
if Amerifii, hy
roof; and the
inntoii or nt
or earlier if
ntiarics, have
Is.
of Febriiarv.
CCKFOTi:.
VI NK.
!S nf Atiifiirii.
1802.]
IT Majesty the
i Ireland and
'hniary, IS9'.',
to arhitratxiii,
)cl«een tiiein
States ni the
reservation of
sea. and I he
IS regards xhv
taking of fur-seal in, or ha'ntual'.y r'^sorting to, the said waters;
and whereas the Hi!;h Contraetirv^ Parties, having differed as to
what restrirtivc rei;uhuions for seal hunting are ncee<sarv duriny
the pcii'Jenev of «ueli arliitratiun, have agreed to adjust such ditl'er-
enee in nKiinier hereinafter mentioned, and without prejudice to
the rights of either party :
The said High (Contracting Parties have appointed as their
Plenipotentiaries to eonchide a Convention for this [lurpose, that
is to say : —
Her Majesty the Queen of the Tnited Kingdom of (ireat
RritaiTi and Ireland, Sir Julian Panneefote, Knight (irand Cross of
the most distinguished Order of St. Miehael and St. George,
Knight Conniiander of the most honoral)le ' Irder of the Hath, and
Envoy Kxtraordinarv and Minister Plenipotentiary of Her
firitannie Majestv to the United .States;
And the I're.sident of the United States of America, .lames G.
Blaine, Secretary of State of the United States :
Who, after having eommunieated to each other their respective
Full Powers, fouiul in good and due form, have ai;reed upon and
concluded the following .\rtieles :
ARTICLK I.
Her Majesty's Government will prohibit, during the pendency
of the arbitration, seal killing in that part of Hc'hring's .Seu
lying eastward of the line of dennircation described in .\rticle I
of the Treaty of IS'iJ between the United States and itussia,
and wdl promptly use its best efforts to insure the observance
of this prohibition by British subjects ami vessels.
ARTICLE II.
'the United States' Govenmient will prohibit seal killing for
the same period in the same jmrt of Bebring's Sea, and on the
shores and islands thereof, the pir^'iierty of the United States (m
excess of 7,50(J to be taken on the islands for the subsistence and
care of the natives;, and wdl promptly use its best efforts to
insure the observitiicc of this ])rohibilion by United States'
citizens and vessels.
ARTICLE HI.
Every vessel or person otlending against this prohibition in
the said waters of Behring's Sea. outside nf the ordinary territorial
limits of the United States, ma\ be seized and iletameil by the
naval or other duly connnissioncil officers of either of the High
Contracting Parlies, iiut they shall be handed over as soon as
practicable to the authorities of the nation to which they
respectively belong, who shall alone have jurisdiction to try the
offence and impose the penalties for the same. The witnesses
and proots necessary to establish the offence shall also be scat
with them.
ARTICLE IV.
In order to facilitate sucli proper inquiries as Ilcr Majesty's
Governnu'iil niiiydi'-'irt' to make, with iivicw tii the proseiitutioii of
the irase and arj,iMnei\(.s of tiiat CiDvi'rnMU'nt la'fiirotlio Arbitr;itin's,
it is ai^ired Ihal suilaolc persons disignated hy (jreat Uritain will
he permitted at any lime, npon applicatiun, to visit or remain upon
the seal islands, during the scaling season, for tliat purpose.
ARTICLE V.
If the result of the arbitration l)e to affirni the right (jf
Uritish sealers to take seals in Hehring's Sea within the hounds
claiiueil hy tlie United States, under its |)iiicliase from llussia,
then eonipeiisatioM shall he made hy the IJnited States to (ireal
Britain (tor the use of her snhjeclsi for alistaining from the
e\ereise of that right (hiring the peii<leney of the arhitra'.ion upon
the basis of sneh a regulated and limited eateh or eaVehes as in
the opinion of the Arbitrators might have been taken without an
uiulue diminution of the seal herds ; and. on the other hand, if
the residt of the arbitr.ation shall be to deny the right of British
sealers to take seals within the said waters, then eoinpeusalam
shall be made by (ireal Britain to the United States (for itself,
its eitizens, and lessees) for this agreement to limit the island
eateh to 7, .5(10 a season, ui)on the basis of tiie ditl'erciiec between
this number ,ind such larger eatcdi as in the opinion (,f the
Arl)itrators might have been taken without an undue diminution
of the seal her<ls.
The amount awarded, if any. in either ease, shall be sueh as
tnider all the circumstances is jusl and eipiitahie, and shall be
prom|)tlv paid.
ARTK'LK VI.
This Convention may be denouix'td bv either of the High
Contraeting Parties at iniy time after the ^\st <lay of '. (tuber.
iHD.i, on giving to the other party two inontlis' notiee of its
termination, and at the evpiration of such notiee the Convention
sludl cease to bo in force.
ARTICLE VU,
The present Convention shall be duly ratified by Iler Britannic
Majesty and by the I'resident of the United States (jf America, by
and with the advice and consent of tiie Senate thereof; ami the
rutilieations shall he exchanged, either at London or at Washington,
as early as possible.
In faith whereof, we, the respective Plenipotentiaries) liavc
signed this Coiiventi(m, and have hereunto ullixed our seals.
Done in duplicate, at Washington, the 18th (h'V of .\piil,
I8Ui,
(Signed) ,IUL1.\N PAlNCEFOTlv
JAMES G. BLAINE.
»s llcr Majosty't"
lie iiri'sdiditiDii of
re tlie Ail)itiiili>i;s,
ircilt Uvitiiin will
it or reniiiiii upon
iit purpo'-t'.
Firm tlic rinlit of
vitliiu tlio Ixmiids
iiisi; from liiissin,
■il StiiU's to (iroiit,
itainiiii; from tlio
i- arhitra'ioM mioii
li or caVc-lies as in
I taken without an
tlie otiuT liand, if
le riglit of Brilisli
lion coiiipi'MsalioM
States (for itself,
II limit tlie islainl
(litVereiioe lietwecn
le opinion lif tin:
undue diminutmn
L', shall lie siu'li as
able, and sliall bo
illier of tlio U'ifih
st <!ay of '. (t liber,
lit lis' iKitioe of its
ice the Convention
h1 by Her Brltani-.ic
ates of America, by
.e thereof ; and the
III oral Wasliingtiin,
iiipotentiaries, have
xed our seals.
UJtIi day of x\piil,
I'AlNCKl'OTl-:.
J. BLAINK