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No. 5.

Sir L. West to the Earl of Iddesleigh.-(Received October 4.)

My Lord,
Washington, September 21, 1886.
WITH reference to my preceding despatch, I have the honour to inclose to your
Lordship herewith copies of correspondence, as published in the newspapers, relative to
the seizure of British sealers in Alaska waters.

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Extract from the "New York Herald" of September 21, 1886.

THE BRITISH SEALERS-OFFICERS OF SOME OF THE TRESPASSING SCHOONERS FINED AND IMPRISONED.

Washington, September 20, 1886. ACTING SECRETARY FAIRCHILD has received a telegram from Captain Abbey, commanding the Revenue steamer "Corwin," dated at Nanaimo, British Columbia, which is as follows:

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"Respectfully report Corwin' here at request of Governor Swineford and Judge Dawson. Have brought here twenty-two British seamen, released from seized sealers. Am to land remaining released American 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 have been received at the Navy Department from Lieutenant-Commander Nichols, commanding the "Pinta," from Sitka, Alaska, relating to the seizure of the British sealers. In the despatch dated the 28th August he says:

"On the 24th instant the Revenue steamer Corwin' came in, bringing the American vessel San Diego,' of San Francisco, seized for catching seals unlawfully. She also reported the seizure of three English schooners for the same offence. The latter were left at Ounalaska in charge of the United States' Deputy Marshal, the officers, crews, and cargoes being brought here. A large quantity of arms and ammunition was also seized. The matter comes up before the District Court here next week, and it is probable that interesting international questions will come up, as well also as the jurisdiction of the United States over the entire seas in the Arctic and Behring's Seas east of the boundary.. line."

In a despatch dated the 2nd Septeinber he says that two of the cases have been disposed of as follows:

"The captain and mate of the British schooner Thornton' were tried by jury, found guilty, and sentenced each to imprisonment for thirty days and fined, the captain 500 dollars and the mate 300 dollars. The captain and mate of the American schooner 'San Diego' waived a jury, and were tried before the Court. Both were found guilty and sentenced, the captain to two months' imprisonment, and the mate to one month's imprisonment.

"The cases of the two other British schooners will come up in a day or two. The captain of one of them has disappeared, and, it is supposed, has committed suicide" From an inclosure in one of these despatches it is learned that the " Corwin," when conveying her prizes to port, sighted five other vessels, all doubtless engaged in unlawful sealing. They made sail with all possible haste as soon as the Revenue vessel was sighted, and the latter was unable to follow them without abandoning her prizes.

Sir,

No. 6.

Admiralty to Foreign Office.-(Received October 11.)

Admiralty, October 7, 1886. WITH reference to my letters of the 26th August and the 20th September,* relative to the seizure of British Columbian sealing schooners, I am commanded by my Lords Commissioners of the Admiralty to transmit to you, for the perusal of the Secretary of State for Foreign Affairs, copy of an Act to prevent the extermination of fur-bearing animals in Alaska, together with copy of the lease of the United States to the Alaska Commercial Company to take fur-seals in the Territory of Alaska.

A similar letter has been sent to the Colonial Office.

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An Act to prevent the Extermination of Fur-bearing Animals 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 fur-seal upon any the Islands of St. Paul and St. George, or in the waters adjacent thereto, except during the months of June, July, September, and October in each year, and it shall be unlawful to kill such seals at any time by the use of fire-arms, or use other means tending to drive the seals away from said islands.

Provided that the natives of said islands shall have the privilege of killing such young seals as may be necessary for their own food and clothing during other months, and also such old seals as may be required for their own clothing and for the manufacture of boats for their own use, which killing shall be limited and controlled by such Regulations as shall be prescribed by the Secretary of the Treasury.

Section 2. And be it further enacted, that it shall be unlawful to 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 be unlawful to kill any seal in the waters adjacent to the said islands, or on the beaches, cliffs, or rocks where they haul up from the sea to remain; and any person who shall violate either of the provisions of this or the first section of this Act shall be punished on conviction thereof for each offence by a fine of not less than 200 dollars, nor more than 1,000 dollars, or by imprisonment not exceeding six months, or by such fine and imprisonment both at the discretion of the Court having jurisdiction, by taking cognizance of the offence; and all vessels, their tackle, apparel, and furniture, whose crew shall be found engaged in the violation of any of the provisions of this Act, shall be forfeited to the United States.

Sec. 3. And be it further enacted, that for the period of twenty years from and after the passage of this Act the number of fur-seals which may be killed for their skins upon the Island of St. Paul is hereby limited and restricted to 75,000 per annum; and the number of fur-seals which may be killed for their skins upon the Island of St. George is hereby limited and restricted to 25,000 per annum. Provided that the Secretary of the Treasury may restrict and limit the right of killing if it shall become necessary for the preservation 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 of the provisions of this section, he shall, upon due conviction thereof, be 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 enacted, that immediately upon the passage of this Act the Secretary of the Treasury shall lease, for the rental mentioned in section 6 of this Act, to proper and responsible parties, to the best advantage of the United States, having due regard to the interests of the Government, the native inhabitants, the parties heretofore engaged in trade, and the protection of the seal fisheries, for a term of twenty

* See Inclosure 1 in No. 1, and Inclosure 2 in No. 3.

years from the 1st day of May, 1870, the right to engage in the business of taking furseals on the Islands of St. Paul and St. George, and to send a vessel or vessels to said islands for the skins of such seals, giving to the lessee or lessees of said islands a lease, duly executed, in duplicate, not transferable, and taking from the lessee or lessees of said islands a bond, with sufficient sureties, in a sum not less than 500,000 dollars, conditioned for the faithful observance of all the laws and requirements of Congress, and of the Regulations of the Secretary of the Treasury touching the subject-matter of taking furseals and disposing of the same, and for the payment of all taxes and dues accruing to the United States connected therewith; and in making said lease the Secretary of the Treasury shall have due regard to the preservation of the seal-fur trade of said islands, and the comfort, maintenance, and education of the natives thereof. The said lesseesshall furnish to the several masters of vessels employed by them certified copies of the lease held by them respectively, which shall be presented to the Government Revenue officer for the time being who may be in charge at the said islands as the authority of the party for landing and taking skins.

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Sec. 5. And be it further enacted, that at the expiration of said term of twenty years,. or on surrender or forfeiture of any lease, other leases may be made in manner aforesaid for other terms of twenty years; but no person other than American citizens shall be permitted by lease or otherwise to occupy said islands or either of them, for the purpose of taking the skins of fur-seals therefrom, nor shall any foreign vessel be engaged in taking such skins, and the Secretary of the Treasury shall vacate and declare any lease forfeited if the same be held or operated for the use, benefit, or advantage, directly or indirectly, of any person or persons other than American citizens. Every lease shall contain a covenant on the part of the lessee that he will not keep, sell, furnish, give, or dispose of any distilled spirits or spirituous liquors on either of the said islands to any of the natives thereof, such person not being a physician and furnishing the same for use as medicine and any person who shall kill any fur-seal on either of the said islands, or in the waters adjacent thereto, without authority of the lessees thereof, and any person who shall molest, disturb, or interfere with said lessees, or either of them, or their agents or employés, in the lawful prosecution of their business, under the provisions of this Act shall be deemed guilty of a misdemeanour, and shall for each offence, on conviction thereof, be punished in the same way and by like penalties as prescribed in the 2nd section of this Act; and all vessels, their tackle, apparel, appurtenances, and cargo, whose crews shall be found engaged in any violation of either of the provisions of this section, shall be forfeited to the United States; and if any person or Company, under any lease herein authorized, shall knowingly kill, or permit to be killed, any number of seals exceeding the number for each island in this Act prescribed, such person or Company shall, in addition to the penalties and forfeitures aforesaid, also forfeit the whole number of the skins of seals killed in that year, or, in case the same have been disposed of, then said parties or Company shall forfeit the value of the same; and it shall be the duty of any Revenue officer, officially acting as such on either of said islands, to seize and destroy any distilled spirits or spirituous liquors found thereon, provided that such officer shall make detailed report of his doing so to the Collector of the port.

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Sec. 6. And be it further enacted, that the annual rental to be reserved by said lease shall not be less than 50,000 dollars per annum, to be secured by deposit of United States" bonds to that amount, and in addition thereto a revenue tax as duty of 2 dollars is hereby laid upon each fur-seal skin taken and shipped from said islands during the continuance of such lease to be paid into the Treasury of the United States; and the Secretary of the Treasury is hereby empowered and authorized to make all needful Rules and Regulations for the collection and payment of the same, for the comfort, maintenance, education, and protection of the natives of said islands, and also for carrying into full effect all the provisions of this Act. Provided, further, that the Secretary of the Treasury may terminate any lease given to any person, Company, or Corporation on full and satisfactory proof of the violation of any of the provisions of this Act, or the Rules and Regulations established by him. 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 shipped away by said owners.

Sec. 7. And be it further enacted, that the provisions of the 7th and 8th sections of "An Act to extend the Laws of the United States relating to Customs, Commerce, and Navigation over the Territory ceded to the United States by Russia, to establish a Collection District thereon, and for other purposes," approved 27th July, 1868, shall be deemed to apply to this Act, and all prosecutions for offences committed against the provisions of this Act, and all other proceedings had because of the violations of the provisions of this Act, and which are authorized by said Act above mentioned, shall be in

accordance with the provisions thereof, and all Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

Sec. 8. And be it further enacted, that the Congress may at any time hereafter alter, amend, or repeal this Act.

Approved 1st July, 1870.

Inclosure 2 in No. 6.

Mr. Boutwell to Mr. Phelps, April 19, 1872.

[See Inclosure 6 in No. 3.]

Inclosure 3 in No. 6.

Lease of the United States to the Alaska Commercial Company to take Fur Seals in the Territory of Alaska.

THIS indenture, in duplicate, made this 3rd day of August, A.D. 1870, by and between William A. Richardson, Acting Secretary of the Treasury, in pursuance of an Act of Congress, approved the 1st July, 1870, entitled "An Act to prevent the Extermination of Fur-bearing Animals in Alaska," and the Alaska Commercial Company, a Corporation duly established under the laws of the State of California, acting by John F. Misler, its President and Agent, in accordance with a Resolution of said Corporation duly adopted at a meeting of its Board of Trustees, held the 31st January, 1870,

Witnesseth :

That the said Secretary hereby leases to the said Alaska Commercial Company, without power of transfer, for the term of twenty years from the 1st day of May, 1870, the right to engage in the business of taking fur-seals on the Islands of St. George and St. Paul, within the Territory of Alaska, and to send a vessel or vessels to said islands for the skins of such seals.

And the said Alaska Commercial Company, in consideration of their right under this lease, hereby covenant and agree to pay for each year during said term, and in proportion during any part thereof, the sum of 55,000 dollars into the Treasury of the United States, in accordance with the Regulations of the Secretary, to be made for this purpose under said Act, which payment shall be secured by deposit of United States' bonds to that amount, and also covenant and agree to pay annually into the Treasury of the United States, under said Rules and Regulations, a revenue tax or duty of 2 dollars upon each fur-seal skin taken and shipped by them, in accordance with the provisions of the Act aforesaid, and also the sum of 62 cents for each fur-seal skin taken and shipped, and 55 cents per gallon for each gallon of oil obtained from said seals for sale on said islands or elsewhere, and sold by said Company; and also covenant and agree, in accordance with said Rules and Regulations, to furnish free of charge the inhabitants of the Islands of St. Paul and St. George annually during said term 25,000 dried salmon, 60 cords fire-wood, a sufficient quantity of salt and a sufficient number of barrels for preserving the necessary supply of meat.

And the said lessees also hereby covenant and agree during the term aforesaid to maintain a school on each island, in accordance with said Rules and Regulations, and suitable for the education of the natives of said islands, for a period of not less than eight months in each year,

And the said lessees further covenant and agree not to kill upon said Island of St. Paul more than 75,000 fur-seals, and upon the Island of St. George not more than 25,000 fur-seals, per annum; not to kill any fur-seal upon the islands aforesaid in any other month except the months of June, July, September, and October of each year; not to kill such seals at any time by the use of fire-arms or other means tending to drive the seals from said islands; not to kill any female seal or any seal less than one year old; not to kill any seal in the waters adjacent to said islands, or on the beaches, cliffs, or rocks. where they haul up from the sea to remain.

And the said lessees further covenant and agree to abide by any restriction or limitation upon the rights to kill seals under this lease that the Act prescribes, or that the Secretary of the Treasury shall judge necessary for the preservation of such seals.

And the said lessees hereby agree that they will not in any way sell, transfer, or assign this lease, and that any transfer, sale, or assignment of the same shall be void or of no effect.

And the said lessees further covenant and agree to furnish to the several masters of the vessels employed by them certified copies of this lease to be presented to the Government Revenue officers for the time being in charge of said islands, as the authority of said lessees for the landing and taking said skins.

And the said lessees further covenant and agree that they or their agents shall not keep, sell, furnish, give, or dispose of any distilled spirits or spirituous liquors on either of the said islands to any of the natives thereof, such person not being a physician. furnishing the same for use as medicine.

And the said lessees further covenant and agree that this lease is accepted subject to all needful Rules and Regulations which shall at any time or times hereafter be madeby the Secretary of the Treasury for the collection and payment of the rentals herein, agreed to be paid by said lessees, for the comfort, maintenance, education, and protection of the natives of said islands, and for carrying into effect all the provisions of the Act aforesaid, and will abide by and conform to said Rules and Regulations.

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 fulfil all the provisions, requirements, and limitations of said Act, whether herein specifically

set out or not..

In witness whereof, the parties aforesaid have hereunto set their hands and seals the day and year above written.

WILLIAM A. RICHARDSON, Acting
Secretary to the Treasury.

JNO. F. MILLER, President Alaska
Commercial Company..

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I certify the foregoing printed copy of the lease of the United States to the Alaska Commercial Company of the right to take fur-seals in the Territory of Alaska has been compared with the original on file in this Department, and is a true copy thereof.

(Signed)

J. H. SAVILLE,
Chief Clerk, Treasury Department.

Washington, September 3, 1870.

State of California, City and County of San Francisco, Collector's Office, Custom-house, December 23, 1885. I hereby certify the foregoing to be correct copies of original documents on file at this office.

State of California, City and County of San Francisco. John T. Fogarty, being duly sworn, deposes and says that the foregoing are true and correct copies of original documents on file in the office of the Collector of Customs of the port of San Francisco, that he has compared the foregoing with said originals, and knows them to be correct copies to his own knowledge..

(Signed)

JOHN T. FOGARTY,

Subscribed and sworn to before me this 23rd day of December, 1885.
(Signed) JOHN E. HAMILL, Notary Public.

No. 7.

Sir,

Colonial Office to Foreign Office.-(Received October 16.)

Downing Street, October 16, 1886.

WITH reference to the letter from this Department of the 25th ultimo, respecting

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