states the principle as follows: There are two principles bearing on the subject which are universally admitted: (1) that the sea is open to all nations; and (2) that there is a portion of the sea adjacent to every nation over which the sovereignty of that nation extends, to the exclusion of every other political authority. A third principle bearing on the subject is that the exclusive sovereignty of a nation abridging the universal liberty of the seas extends no further than the power of the nation to maintain it by force stationed on the coast extends.'

"Terræ 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; that the territorial authority only extends to a marine league, or, at all events, not further than a force on shore can protect the coasts.

"It also appears that the United States, in claiming sovereignty over the Behring's Sea, is claiming something beyond the well recognized law of nations, and bases her claim upon the pretensions of Russia, which was successfully repudiated by both Great Britain and the United States. A Treaty is valid and binding between the parties to it, but it cannot affect others who are not parties to it. It is an agreement between nations, and would be construed by law as an agreement between individuals. Great Britain was no party to it, and therefore was not bound by its terms.

"It is therefore contended that the proceedings taken against the present defendants are ultra vires and without 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 an Act defining a criminal offence, and an Act which abridges the privileges and immunities of citizens must be most strictly construed, and nothing but the clearest expression can or ought to be construed against the interest of the public in applying this principle to the 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 the coast, and within the territorial jurisdiction of the country. This language, then, does not apply to these defendants, who were 50 miles from the nearest coast. In section 1956 the language is, the waters of Alaska.' must also be construed by the universal law as applying to the territorial limit only. And in a letter from Mr. Evarts to Mr. Foster, in April 1879, referring to a case in which certain American 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 be an international offence, and was not cured by a Decree in favour of the assailants by the Mexican Court.

This

"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 defendants, in filing their demurrer and submitting this argument, do not thereby waive their rights or submit to the jurisdiction of the Court."

No. 69.

Sir L. West to the Marquis of Salisbury.—(Substance telegraphed, October 14.) My Lord,

Washington, October 11, 1887. WITH reference to the note from the Secretary of State, copy of which was inclosed in my despatch of the 12th instant,* I have the honour to inclose to your Lordship herewith copy of a further reply to my note of the 28th ultimo, expressing regret that misconception of the intentions and orders of the President for the release of the sealers "Onward," "Carolina," and "Thornton" should have delayed their prompt execution, and stating that renewed orders have been forwarded.

I have communicated copy of this note to the Marquis of Lansdowne, the substance of which I telegraphed to your Lordship this day.

I have, &c. (Signed)

L. S. SACKVILLE WEST.

*See No. 73.

Sir,

Inclosure in No. 69.

Mr. Bayard to Sir L. West.

Department of State, Washington, October 13, 1887. CONTINUING my reply to your note of the 29th ultimo, inquiring the reason for the delay in complying with the order issued in January last for the release of British vessels seized last year in Behring's Sea, I beg leave to inform you that I have this day received a communication from my colleague the Attorney-General, informing me that his telegram to the United States' Marshal at Sitka of the 26th January last, ordering the release of the British schooners "Onward," "Carolina," and "Thornton," owing to some misconception and mistake on the part of the official to whom it had been addressed had not been acted upon.

A renewed order has gone forward for their release, as had been distinctly directed last January, and which I had no reason to doubt had been promptly obeyed.

In my note to you of the 11th instant I stated it to be my impression that no hindrance to their repossession by the owners of the vessels named existed.

This impression, it now appears, was not well founded, and as my object is to give you the fullest information within my power in relation to all transactions touched in our correspondence, I hasten to communicate the latest report made to me from the Department of Justice.

I take leave also to express my regret that any misconception of the intentions and orders of the President should have delayed their prompt execution.

I have, &c.

Sir,

Colonial Office to Foreign Office.-(Received October 18.)

Downing Street, October 17, 1887.

I AM directed by Secretary Sir H. Holland to transmit to you, to be laid before the Marquis of Salisbury, copy of a despatch from the Governor-General of Canada, dated the 26th September, with its inclosures, respecting the seizure in Behring's Sea of the British schooner " Alfred Adams."

These papers appear to Sir H. Holland to point to a serious state of things, which seem to make it necessary that some decided action in the matter should be taken by Her Majesty's Government. And he would suggest, for the consideration of Lord Salisbury, whether it would not be desirable to instruct Sir L. West, unless he has already done so, formally to protest against the right assumed by the United States of seizing vessels for catching seals beyond the territorial waters of Alaska.

I am to add Sir H. Holland makes this suggestion, as Mr. Bayard is reported in the newspapers to have stated that no protest against their right to seize had been made, and to have assumed, therefore, that Her Majesty's Government did not really dispute it.

I am, &c. (Signed)

JOHN BRAMSTON.

Sir,

Inclosure 1 in No. 70.

The Marquis of Lansdowne to Sir H. Holland.

Citadel, Quebec, September 26, 1887.

IN continuation of my despatch of the 27th August and in reference to previous correspondence, I have the honour to inclose herewith a copy of an approved Minute of the Privy Council of Canada, covering copies of a Report of my Minister of Marine and Fisheries relating to the seizure and detention of the Canadian sealing schooner "Alfred Adams," and of other Canadian sealing vessels by the United States' authorities in the Behring's Sea.

2. The letter directed to the United States' District Attorney at Sitka, marked D in the Minister's Report, which came into the possession of my Government under the circumstances described in the Declaration of Captain Dyer, of the "Alfred Adaras,”

has been forwarded, together with copies of the papers, to Her Majesty's Minister at Washington.

3. The circumstances under which the "Adams" was seized do not differ materially from those attending previous seizures in the same waters. I have already laid before you the reasons which have led my Government to protest against the assumption that the Statutes under which other seizures, and I presume this also, have been made, Statutes governing the conduct of persons fishing within "the territory of Alaska" or "in the waters thereof" (vide United States' Revised Statutes, 1955, 1956), are applicable to the whole of the waters of the Behring's Sea, and in cases where, as in those under discussion, the vessels seized were found fishing at a great distance from the nearest land.

4. I trust that the earnest attention of Her Majesty's Government will be given to the statements contained in the Minister's Report. No satisfactory explanation. has yet been given of the action of the United States' Government subsequent to Mr. Bayard's announcement of the 3rd February of the present year, when it was stated by him to Her Majesty's Minister at Washington that "orders had 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 connection therewith."

5. You will observe from Mr. Foster's recapitulation of the evidence which he has been able to collect, and the documents attached to his Report, that an impression prevails upon the spot to the effect that orders such as those described by Sir Lionel West were actually issued from Washington. There appears at all events to be some reason for believing that a telegram authorizing the release of the vessels then under detention was in fact received by the District Judge, and that instructions were thereupon issued by him for the purpose of carrying out these orders. The circumstances under which those instructions are said to have been subsequently rescinded by the District Judge have not unnaturally given rise to the gravest suspicion.

6. The Minister has called attention with great force in his Report to the injury sustained by persons engaged in the sealing industry from the suspense and uncertainty in which they have been kept during the past season owing to the refusal of the United States' Government to give any explicit assurances as to the treatment which they might expect at its hands.

I have, &c.

Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Governor-General in Council on the 21st September, 1887.

THE Committee of the Privy Council have had under consideration the annexed Report of the Minister of Marine and Fisheries with reference to the seizure and detention of Canadian sealing-vessels by the United States' authorities in Behring's Sea.

The Committee concur in the said Report, and they advise that your Excellency be moved to transmit a copy of this Minute and the annexed papers to the Right Honourable the Secretary of State for the Colonies.

All which is submitted for your Excellency's approval.

(Signed)

JOHN J. McGEE,

Clerk, Privy Council, Canada.

Inclosure 3 in No. 70.

Report of the Minister of Marine and Fisheries.

WITH reference to previous correspondence concerning the seizure and detention of Canadian sealing-vessels by the United States' authorities in Behring's Sea, the Minister of Marine and Fisheries begs to submit, for the consideration of his Excellency the Governor-General in Council, the following papers:

(a.) A letter from Collector Hamley, of Victoria, British Columbia, dated the 1st September, 1887, inclosing certain papers in reference to the seizure of the Canadiar sealing-schooner "Alfred Adams" in Behring's Sea.

(b.) The Declaration of William Henry Dyer, of Victoria, British Columbia, master of the Canadian schooner "Alfred Adams."

(c.) A certificate of seizures of the "Alfred Adams," signed by L. G. Shepard, captain of the United States' Revenue steamer" Rush."

(d.) A sealed and unopened letter directed to the United States' District Attorney and United States' Marshal, Sitka, Alaska.

(e) A letter from Collector Hamley, of Victoria, British Columbia, dated the 26th July, relating to the detention of the Canadian schooners "Onward," "Carolina,’ and "Thornton," seized in August 1886, by the United States' cutter "Corwin,” in Behring's Sea.

(f) Copy of a telegram and order purporting to be from the United States' Attorney-General and Judge Dawson respectively, relating to the release of the abovenamed vessels; and

(g.) A letter dated the 3rd September, 1887, from the law firm of Drake, Jackson, and Helmcken, of Victoria, containing additional information relating to the

same.

From the above-mentioned papers, it appears that on the 6th August, 1887, the Canadian schooner "Alfred Adams," whilst engaged in catching seals in the open sea, more than 50 miles distant from the nearest land, was forcibly seized by an armed vessel of the United States, her ship's papers taken, her cargo of seal-skins, 1,386 in number, together with all her arms, ammunition, and fishing implements transferred to the United States' cutter, and her captain ordered to proceed with sealed orders to Sitka, and to deliver himself, his vessel, and men into the hands of the United States' Marshal at that place.

This treatment of the "Alfred Adams" whilst peaceably pursuing her lawful calling on the high seas is but a repetition of the unjustifiable seizures of Canadian vessels made by the United States' authorities in Behring's Sea, and which have been dealt with at length in previous Reports to Council.

The Minister, therefore, does not consider it necessary in this instance to traverse the ground already so fully covered, and recommends that a copy of this Report with the papers attached be forwarded to Her Majesty's Government for their earnest and immediate consideration, and that a copy thereof be sent to the British Minister at Washington, together with the sealed letter given by Captain Shepard to the master of the "Adams," with the request that it be forwarded to Mr. Secretary Bayard.

With reference to the attached papers (e), (f), and (g), the Minister observes that from the first (e) it appears that inquiries made by the Collector of Customs at Victoria, British Columbia, in July last, resulted in his obtaining the information that Judge Dawson had up to that date received no orders for the release of the Canadian sealing-vessels seized in 1886, that the vessels had not been sold, and remained still under seizure, and that Judge Dawson, when questioned as to the report that a telegram had been sent to him by the Attorney-General of the United States, ordering the release of the vessels, had replied that he had heard of this report before, but that nothing of the kind had reached either himself or the United States' Marshal at Sitka.

The paper marked (f) purports to be a copy of a telegram, dated the 26th January, 1887, from the United States' Attorney-General Garland to Judge Dawson, ordering him to release the vessels seized in August preceding, and of an order founded thereon from Judge Dawson to the United States' Marshal at Sitka, bearing date the 19th February, 1887, directing him to "release the Carolina,' Onward,' 'Thornton,' and 'San Diego,' together with all their tackle, apparel, skins, guns, ammunition, small boats, and everything pertaining to said vessels."

The third paper, marked (g), is a copy of a letter from the law firm of Drake, Jackson, and Helmcken, of Victoria, British Columbia, to the Minister of Justice, informing him that they are advised that a telegram was received by Judge Dawson from the United States' Attorney-General, ordering the release of the vessels above referred to; that Judge Dawson did issue an order accordingly, but that he afterwards rescinded the order on the assumption that the telegram was a forgery, and that since "no official letters of any sort, either confirming the telegram or respecting the affair, has been received at Sitka."

The Minister observes that, if the information conveyed in the above-mentioned

papers is correct, of which there appears no reasonable doubt, it reveals a state of affairs by no means satisfactory.

On the 3rd February, 1887, Mr. Secretary Bayard informed the British Minister at Washington that "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 connection therewith."

A telegram in accordance with Mr. Bayard's communication appears to have been sent to Alaska, and an order based thereon to have been issued by the District Judge, but to have been afterwards rescinded, and no further action has been taken up to date of latest information.

Meanwhile, the vessels remain under seizure, the seal-skins are forfeited, and the property of Canadian citizens forcibly withheld from them under circumstances which involve very great loss and damage.

The Minister further observes that, with a view of guiding the action of Canadian citizens interested in sealing in the northern seas, repeated attempts were made previous to the commencement of the present season to obtain an official expression from the United States' Government of the policy they proposed to pursue in their treatment of foreign vessels sealing in Behring's Sea, but that these efforts proved altogether unavailing. From Mr. Bayard's communication of the 3rd February, 1887, above referred to, the fair inference, however, was to be drawn that, until the question in dispute between the two Governments as to the legality of the previous seizures had been finally disposed of, no further seizures would be made; and there is no doubt that on the strength of this communication, and in the absence of any explicit statement of policy to the contrary, Canadian citizens did, in the beginning of the present season, embark upon their customary sealing expeditions to Behring's Sea, under the reasonable impresson that they would not be interfered with by the United States' authorities so long as they conducted their operations in the open sea, only, however, to find their vessels seized, their property confiscated, and their ventures completely ruined.

It is respectfully submitted that this condition of affairs is in the highest degree detrimental to the interests of Canada, and should not be permitted to continue. For nearly two years Canadian vessels have been exposed to arbitrary seizure and confiscation in the pursuit of a lawful occupation upon the high seas, and Canadian citizens subjected to imprisonment and serious financial loss; while an important and remunerative Canadian industry has been threatened with absolute ruin. This course of action has been pursued by the United States' officers in opposition to the contention in the past of their Government in regard to the waters in which these seizures have taken place, in violation of the plainest dictates of international law, and in the face of repeated and vigorous protests of both the Canadian and British Governments.

The Minister advises that Her Majesty's Government be again asked to give its serious and immediate attention to the repeated remonstrances of the Canadian Government against the unwarrantable action of the United States in respect to Canadian vessels in Behring's Sea, with a view to obtain a speedy recognition of its just rights, and full reparation for the losses sustained by its citizens. The whole respectfully submitted.

(Signed)

GEORGE E. FOSTER,

Minister of Marine and Fisheries.

Department of Fisheries, Ottawa, September 15, 1887.

Inclosure 4 in No. 70.

Mr. Hamley to the Minister of Marine and Fisheries.

Dear Sir, Custom-house, Victoria, British Columbia, July 26, 1887. CAPTAIN CARROLL, master of the American steamer "Olympian," has been taking parties of excursionists to Sitka, and I asked him to see the Judge, Mr. Dawson, and find out something we could trust respecting the seized vessels. Dawson told him he had received no orders whatever for the release of the vessels; they have not been sold, and remain as they were, under seizure. Captain Carroll told Dawson of the telegram dated last January, purporting to have been sent by Mr. Garland, Attorney-General at Washington, in the President's name, ordering the vessels to be released. Dawson said he had heard of it before, and that it must have