been as he termed it, a "put up thing," as nothing of the kind had reached either himself or the United States' Marshal at Sitka.

The serious part is that our people, trusting to the story of the order for release, have sent thirteen vessels again this year to the sealing grounds. One has been seized already, and if the others fall in the way of the Revenue cutters they will probably be seized also.

I may perhaps learn something more from the Admiral when he returns from Alaska, and, if so, I will write to you again.

Yours, &c.

The Attorney-General, Washington, to Judge Lafayette Dawson and M. D. Ball.

(Telegraphic.)

Washington, District of Columbia, January 26, 1887.

I AM directed by the President to instruct you to discontinue any further proceedings in the matter of the seizure of the British vessels "Carolina," "Onward," and "Thornton," and discharge all vessels now held under such seizure, and release all persons that may be under arrest in connection therewith.

Inclosure 6 in No. 70.

Mr. Dawson to Mr. Atkins.

To Barton Atkins, United States' Marshal for the District of Alaska, YOU are hereby directed to release the vessels "Carolina," 66 Onward," "Thornton," and "San Diego," which were seized in Behring's Sea for violation of section 1956, United States' Statutes, together with their tackle, apparel, skins,* guns, ammunition, small boats, and everything pertaining to said vessels, this 19th day of February, 1887. LAFAYETTE DAWSON, District Judge,

(Signed)

Inclosure 7 in No. 70.

District of Alaska.

Sir,

Mr. Hamley to the Minister of Marine and Fisheries.

Custom-house, Victoria, September 1, 1887. ON the 7th August the master of the United States' Revenue cutter "Rush" seized in Behring's Sea, 60 miles from any land, the Canadian schooner "Alfred Adams," her register, clearance, guns, and ammnnition, and the seal-skins she had taken (1,386) were all taken from her, and the vessel herself ordered to Sitka. No one from the Revenue cutter was put on board by Captain Shepard, and the master of the "Alfred Adams," instead of going, as he was desired, to Sitka, returned to Victoria, arriving here the 31st August.

I forward the master's depositions before a notary public, and what Captain Shepard is pleased to term a certificate of the schooner's seizure, signed by himself. Mr. Drake, a solicitor, is at Sitka, waiting for the cases to be heard in Court. The trial was delayed for the arrival of the "Rush," and she was expected about the beginning of this month. Mr. Drake will no doubt report direct to the Minister of Justice.

P.S.-I inclose also a sealed letter addressed by Captain Shepard to the District Attorney and United States' Marshal at Sitka, which the master of the "Alfred Adams" brought down with him, and which you can deal with in any way you think fit.

W. H.

Please note skins.-C. A. M.

Inclosure 8 in No. 70.

Captain Shepard to the District Attorney and United States' Marshal at Sitka.

To whom it may concern,

United States' Revenue steamer " Rush," Behring's Sea,

August 6, 1887.

THIS will certify that I have this day seized the British schooner "Alfred Adams," of Victoria, British Columbia, Captain W. H. Dyer, master, for violation of law, and have taken charge of his ship's papers, viz., register, shipping articles, clearance, bill of health, and log book; also her arms and seal-skins.

Very respectfully,

In the Matter of the seizure of the Sealing-schooner "Alfred Adams" by the United States' Revenue cutter "Richard Rush."

I, WILLIAM HENRY DYER, of Victoria, British Columbia, master mariner, do solemnly and sincerely declare that

1. I am the master of the schooner "Alfred Adams," of the port of Victoria, British Columbia, engaged in the business of catching seals. On the 6th August, 1887, while on board the said schooner, and in command of the same, being in latitude 54° 48′ north and longitude 167° 49′ west the United States' Revenue cutter "Richard Rush" steamed alongside, lowered a boat commanded by the First Lieutenant and boat's crew. The said Lieutenant came on board the said "Alfred Adams" and ordered me to take the ship's register, log-book, articles, and all others of the ship's papers on board the "Richard Rush." In obedience to his command, It took all said papers and accompanied the said Lieutenant on board the "Richard Rush." When I arrived on board the "Rush," the Captain of the "Rush" asked me what was my business in the Behring's Sea; I replied taking seals. He inquired how many skins I had; I replied 1,386. He then said he would seize the ship, take the skins, arms, ammunition, and spears. I stated I did not think the ship was liable to seizure, as we had never taken a seal within 60 miles of Ounalaska, nor nearer St. Paul's than 60 miles south of it, and that we had never been notified that the waters were prohibited, unless landing and taking them from the Island of St. Paul's. He stated he must obey the orders of his Government, and that our Government and his must settle the matter, and ordered me to proceed on board the said schooner and deliver up my arms, ammunition, and skins and spears. He sent two boats belonging to the "Rush" in charge of the First and Second Lieutenant of the "Rush " respectively, and manned with sailors from the "Rush," who came on board the said schooner (I returning in company with the First Lieutenant). They took from the said schooner 1,386 skins, 4 kegs powder (3 triple F and 1 blasting powder), 500 shells, 3 cases caps and primers, 9 breach-loading double-barrelled shot-guns, 1 Winchester rifle, all in good order, and 12 Indian spears, and he then gave me a sealed letter addressed to the United States' Marshal and United States' District Attorney at Sitka; he also gave me an acknowledgment of the goods taken, and also gave me a certificate that the said schooner was under seizure, and, after being alongside for about 3 hours, I received orders in writing to proceed to Sitka, and report to the United States' District Attorney and Marshal: we then parted company. My crew consisted of myself, mate, 2 seamen, 1 Chinese cook, and 21 Indians. Previous to the said seizure we had spoken the schooner "Kate," of Victoria, and had been informed by the mate of that vessel that the crews (and particularly the Indians) taken to Sitka on schooners previously seized had been very badly treated. The Indians became very mutinous on learning that we were to proceed to Sitka and report to the United States' authorities; they declared they would not go to Sitka and, to avoid trouble, I came to Victoria, instead of going to Sitka. I arrived in Victoria on the 31st August, 1887, at about 7 P.M.

And I make this solemn Declaration, conscientiously believing the same to be true, and by virtue of the Oaths Ordinance, 1869.

(Signed)

W. H. DYER.

Declared before me this 1st day of September, A.D. 1887, at Victoria, British, Columbia.

(Signed)

H. DALLAS HELMCKEN.

A Notary Public in and for the Province

of British Columbia.

(L.S.) ·

Sir,

Inclosure 10 in No. 70.

Messrs. Drake, Jackson, and Helmcken to the Minister of Justice, Ottawa.

Victoria, British Columbia, September 3, 1887.

WE have the honour to inform you that we are in receipt of a letter from our Mr. Drake, written from Sitka, under date the 28th August, in which he states that a telegram was received at Sitka relative to the schooners seized last year from the United States Attorney-General Garland, directing their release and discharge of the men. The Judge gave an Order accordingly, which was afterwards rescinded, on the assumption that the telegram was a forgery. No official letter of any sort, either confirming the telegram or respecting the affair, has been received at Sitka. The schooners now seized and at Sitka are the "Anna Beck," "W. P. Sayward," Dolphin," and "Grace." The "Alfred Adams" was also seized. The trial of the present men, Mr. Drake states, would not take place until after the arrival of the Revenue cutter "Rush ;" also that, judging from the past and the views held by the Court, the result would most probably be the same, and urges that immediate steps should be taken to prevent the imprisonment of the masters, and that he would obtain declarations from the masters duly certified, and enter a protest at the trial.

66

The "Rush" was not expected at Sitka until yesterday.

Regarding the seizure of the "Alfred Adams," we have to state that the schooner has arrived here safely. The declarations of her captain, Captain Dyer, and his men have been duly taken, which her owners, Messrs. Guttman and Frank, of this city, yesterday handed to Honourable Mr. Stanley, Collector of Customs, together with a sealed letter, which the commander of the "Rush" handed to Captain Dyer, to be delivered to the District Attorney at Sitka. These papers no doubt Mr. Stanley has already forwarded to the proper Department.

We have since forwarded a copy of this information to the Right Honourable Sir John A. Macdonald, K.C.B., &c.

We have, &c.

(Signed)

DRAKE, JACKSON, AND HELMCKEN.

Inclosure 11 in No. 70..

Mr. Burbidge to the Deputy Minister of Fisheries, Ottawa.

Sir, Department of Justice, Ottawa, September 12, 1887. I HAVE the honour to inclose, for your information, a copy of a letter which has been received by the Minister of Justice from Messrs. Drake, Jackson, and Helmcken, in which they report with reference to the sealing vessels which have been seized in the Behring's Sea by the United States' authorities.

I am to state that the Minister of Justice has taken no action with respect to this communication, but that he is of opinion that the Minister of Marine and Fisheries. should, at his earliest convenience, take steps to communicate the substance thereof to the Colonial Office and to the British Minister at Washington.

No. 71.

The Marquis of Salisbury to Sir L. West.-(Substance telegraphed.)

Sir, Foreign Office, October 19, 1887. INFORMATION has reached Her Majesty's Government from the Government of Canada that a further seizure has been made of a Canadian vessel, the "Alfred Adams," by the United States' Revenue-cutter "Rush," when engaged in seal-fishing in Behring's Sea in latitude 54° 48′ north, and longitude 167° 49′ west, more than 50 miles distant from the nearest land.

I have to request that you will forthwith address a protest to the Government of the United States against this seizure, and against the continuance of similar proceedings on the high seas by the authorities of the United States.

No. 72.

I am, &c.

Foreign Office to Colonial Office.

Foreign Office, October 20, 1887.

Sir, I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 17th instant inclosing copies of a correspondence received from the GovernorGeneral of Canada relative to the seizures by the authorities of the United States of certain British vessels when engaged in seal-fishing in Behring's Sea.

With reference to the latest case reported, that of the Canadian schooner " Alfred Adams," I am to request that you will inform Sir H. Holland that a telegram has been sent to Her Majesty's Minister at Washington directing him to make a protest to the United States Government against the seizure of that vessel, and the continuance on the high seas of similar proceedings by the autborities of the United States.

With regard to the report that it had been stated by Mr. Bayard that no protest had been made against the right of those authorities to make the seizures, and that it had been therefore assumed that Her Majesty's Government did not really dispute the right, I am to remind you that Sir L. West, acting on the instructions which were given to him by the Jate Earl of Iddesleigh on the 20th October, 1886, addressed a note to the United States' Secretary of State protesting, in the name of Her Majesty's Government, against the seizure of the three Columbian schooners "Thornton," "Onward," and "Carolina" by the United States' Revenue cruizer "Corwin."

1 am further to point out that the directions given to Sir L. West in regard to subsequent seizures of other British vessels in Behring'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 assumption by the United States' Government of their right to seize British vessels on the high seas in those waters.

I am to request that in laying this letter before Sir H. Holland you will move him to ascertain by telegraph whether the Report of Mr. Foster (the Canadian Minister of Marine and Fisheries) of the 15th ultimo has been communicated by Lord Lansdowne, with the papers attached, to Her Majesty's Minister at Washington, as suggested in the Report. On learning that this has been done Lord Salisbury proposes to authorize Sir L. West to give a copy of them to Mr. Bayard.

I am, &c.

Sir L. West to the Marquis of Salisbury.—(Received October 24.)

My Lord, Washington, October 12, 1887. IN accordance with the instructions contained in your Lordship's telegram of the 27th ultimo, I addressed a note to the Secretary of State, copy of which I had the honour to inclose to your Lordship in my despatch of the 28th ultimo, inquiring the reason why the vessels referred to in his note of the 3rd February last had not been released, and I now inclose copy of the reply which I have received thereto.

I have, &c. (Signed)

L. S. SACKVILLE WEST.

Sir,

Inclosure in No. 73%

Mr. Bayard to Sir L. West.

Department of State, Washington, October 11, 1887.

I HAVE the honour to acknowledge your note of the 28th ultimo, stating that Her Majesty's Government had been officially informed that the British vessels referred to in my note to you of the 3rd February last had not been released, and asking the reason for the delay in complying with the orders of the Executive in that regard.

Upon receiving your note I at once wrote my colleague the Attorney-General, as the Head of the Department of Justice, in order that I might be enabled to reply satisfactorily to your inquiry. I am still without an answer from him, which, when received, shall be promptly communicated to you..

In the meantime, in acknowledging your note, I take occasion to state my impression that if the three vessels seized, and ordered to be released, have not been repossessed by their owners, it is not because of any hindrance on the part of any official of this Government, or failure to obey the order for release, but probably because of the remoteness of the locality (Sitka) where they were taken after arrest for adjudication, and the proceedings having been in rem, the owners have not seen proper to proceed to Alaska and repossess themselves of the property in question.

I have, &c. (Signed)

T. F. BAYARD.

No. 74.

Sir L. West to the Marquis of Salisbury.-(Received October 24.)

My Lord, Washington, October 12, 1887. WITH reference to your Lordship's despatch of the 15th ultimo, respecting the judicial proceedings in the cases of the schooners "Carolina," "Onward," and Thornton," I have the honour to state that, from what I can ascertain, the notice of appeal in these cases in still lying in the Sitka Court, for there is no Court to which under the Act of Congress the injured parties could appeal, and as in the case of the American vessel "San Diego," no further steps can be taken in the matter.

I have, &c. (Signed)

L. S. SACKVILLE WEST.

No. 75.

Sir L. West to the Marquis of Salisbury.-(Received October 24.)

My Lord, Washington, October 12, 1887. IN accordance with the instructions contained in your Lordship's despatch of the 27th ultimo, I addressed a note to the Secretary of State, copy of which I have the honour to inclose herewith, making similar representations respecting the seizure of the British vessels "Grace," "Dolphin," and "W. P. Sayward," as were made in the cases of the "Onward," "Carolina," and "Thornton," and reserving all rights to compensation on behalf of the owners and crew.

I have, &c. (Signed)

L. S. SACKVILLE WEST.

Sir,

Inclosure in No. 75.

Sir L. West to Mr. Bayard.

Washington, October 12, 1887.

IN connection with the representation which I was instructed to make to you respecting the seizure of the British schooners "Onward," "Carolina," and "Thornton," by the United States' cruizer "Corwin," in Behring's Sea, I have the honour to inform