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Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of Iddesleigh, copies of three despatches from the Officer administering the Government of Canada on the subject.

Mr. Stanhope would be glad to be informed whether Lord Iddesleigh has directed any action to be taken on the letter above referred to.

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I HAVE the honour to forward herewith, for transmission to the Foreign Office, a copy of an approved Report of a Committee of the Privy Council, submitting depositions from some of the officers and men of the Canadian schooners "Onward," "Thornton," and "Carolina," relative to the seizure of those vessels in Behring's Sea by the United States' Revenue cutter "Corwin," and their subsequent detention at the port of Ounalaska, in the Territory of Alaska.

2. You will observe from the accompanying papers that it appears that the schooners mentioned are Canadian vessels, fitted out in Victoria, British Columbia, for the capture of seals in the waters of the Northern Pacific Ocean adjacent to Vancouver Island, Queen Charlotte Islands, and Alaska, and that at the time of their seizure by the "Corwin on the 1st August last they were taking seals in the open sea at a distance of more than 60 miles from land.

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3. My Minister of Marine and Fisheries has taken steps to get further depositions from the owners, masters, and crews of the above-mentioned vessels in order that a claim may be made upon the United States' Government for damages for the unwarranted seizure of British vessels on the high sea.

4. I have communicated a copy of this Order in Council, with the accompanying papers, to Her Majesty's Minister at Washington.

Inclosure 2 in No. 7.

I have, &c.

Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Administrator of the Government in Council, on the 3rd September, 1886.

ON a Report dated the 18th September, 1886, from the Minister of Marine and Fisheries, submitting the accompanying papers relative to the seizure of the Canadian schooners "Onward," "Thornton," and "Carolina," in Behring's Sea, by the United States' Revenue cutter "Corwin," and their subsequent detention at the port of Ounalaska, in the Territory of Alaska

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1. Copy of a letter from James Ogilvie, master of the Canadian sealing schooner Carolina ;"

2. Copy of a letter from Daniel Munroe, master of the Canadian sealing schooner "Onward;"

3. Deposition of John Dallas, seaman on board the "Thornton;" of Thomas McLardy, cook on board the " Carolina;" of Edward Shields, seaman on board the "Carolina ;" and of William Munsie, owner of the "Carolina;" all of the Province of British Columbia:

The Minister observes that from these papers it appears that the schooners mentioned are Canadian vessels fitted out in Victoria, British Columbia, for the capture of seals in the waters of the Northern Pacific Ocean, adjacent to Vancouver Island, Queen Charlotte's Islands, and Alaska; that at the time of their seizure by the "Corwin" they were taking seals in the open sea out of sight of land, the "Carolina" in latitude 30° 50′ north, longitude 168° 53′ west; the "Onward" in latitude 54° 52′ north, longitude 167° 55′ west; and the "Thornton " in about the same latitude and longitude; and all of them at a distance of more than 60 miles from the nearest land; that they were taken possession of by the United States' cutter on the 1st August, 1886, and towed to the port

of Ounalaska, where they are 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 the steamer "St. Paul" to San Francisco, California, and then turned adrift, while the crew of the "Onward" was kept at Ounalaska.

At the time of their seizure the "Thornton " had 404 seal-skins on board, the "Onward 900, and the "Carolina" 686, and these are detained and kept at Ounalaska along with the schooners by the United States' authorities.

The Minister states that he has taken steps to get further depositions from the owners, masters, and crews of the 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 the papers herein mentioned, to the Right Honourable the Principal Secretary of State for the Colonies, for transmission to the Foreign Office, and also copies to Her Majesty's Minister at Washington, All of which is respectfully submitted for your Excellency's approval.

(Signed)

JOHN J. MCGEE,

Clerk, Privy Council, Canada.

Inclosure 3 in No. 7.

Mr. Ogilvie to Mr. Munsie, August 6, 1886.

[See Inclosure 5 in No. 3.]

Dear Sir,

Inclosure 4 in No. 7.

Mr. D. Munroe to Mr. C. Spring.

Schooner "Onward," at Port Ilioluk, Ounalaska,
August 7, 1886.

ON the 2nd, while the "Onward" was in latitude 54° 52′ north, longitude 167° 55' west, and about 70 miles from the nearest land, the United States' Revenue cutter "Corwin," having the schooners "Thornton" and "Carolina" in tow, boarded us, and sent a crew on board and towed us in here, where we are lying at present 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'Lean was on board of us; we gave him 508 skins, and they had 1,290 they took themselves, making them about 1,800 total, and as we were in sight of each other until the 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 sealers.

I believe all 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 up 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 dispose of us, but I am in hopes they made false steps, and that they can do nothing more than spoil the season.

They took the schooner "San Diego" in here 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," except the captain and one man of each, but they took none of our crew.

There are rumours afloat that the three schooners are to be laid up here all winter, and that we 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 being late. We sent a protest on board the cutter against the action of the authorities in seizing the vessel on the high seas, but I do not know if it will amount to much. There is no Notary Public here

to sign it. I have nothing more to write to you, trusting things will turn out better than we expect,

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Declarations of John Dallas, William Munsie, Thomas McLardy, and Edward Shields.

My Lord,

[See Inclosure 10 in No. 3.]

Inclosure 6 in No. 7.

Administrator Lord A. E. Russell to Mr. Stanhope, September 27, 1886.
[Substance of telegram of September 22. See Inclosure I in No. 3.]

Inclosure 7 in No. 7.

Administrator Lord A. E. Russell to Mr. Stanhope.

Halifax, Nova Scotia, September 27, 1886. I HAVE the honour to inclose herewith a copy of an approved Minute of my Privy Council, to which is appended a Report by my Minister of Marine and Fisheries, 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 pursuit of their lawful occupation on the high seas.

2. It will be 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 fines, imposed upon them, while their property has been subjected to forfeiture.

3. My Ministers are of opinion that the action of the United States' authorities with respect to these vessels is indefensible, and that immediate reparation should be demanded from the Government of that country therefor.

I have, &c.

Inclosure 8 in No. 7.

Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Administrator of the Government in Council, on the 24th September, 1886.

THE Committee of the Privy Council have had before them the annexed Report from the Minister of Marine and Fisheries with reference to the case of the Canadian schooners "Thornton," "Onward," and "Carolina," seized on the 1st August last by the United States' authorities in Behring's Sea.

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The Committee concur in the said Report, and they advise that the same be carried All which is respectfully submitted for your Excellency's approval.

(Signed)

JOHN J. McGEE,
Clerk, Privy Council.

Inclosure 9 in No. 7.
Report.

IN reference to a Report of Council, under date the 23rd September, referring to the case of the Canadian schooners "Thornton," "Onward," and "Carolina," seized on the 1st August by the United States' authorities in Behring's Sea, the Undersigned has the honour to lay before Council the following additional information.

It is stated in effect in "The Alaskan," a newspaper published at Sitka, in the Territory of Alaska, and bearing date the 4th September, 1886

1. That the master and mate of the schooner "Thornton" were brought for trial before Judge Dawson in the United States' District Court at Sitka on the 30th August last.

2. That the evidence given by the officers of the United States' Revenue cutter "Corwin" attempts to show that the "Thornton" was seized while in Behring's Sea, about 60 or 70 miles south-south-east of St. George's Island, for the offence of hunting and killing seals within that part of Behring's Sea which was ceded to the United States by Russia in 1867.

3. That the Judge, in his charge to the jury, after quoting the Ist Article of the Treaty of the 30th March, 1867, between Russia and the United States, in which the western boundary of Alaska is defined, goes on to say: "All the waters within the boundary set forth in this Treaty to the western end of the Aleutian Archipelago and chain of islands are to be considered as comprised within the waters of Alaska, and all the penalties prescribed by law against the killing of fur-bearing animals must, therefore, attach against any violation of law within the limits heretofore described.

"If, therefore, the jury believe from the evidence that the defendants by themselves, or in conjunction with others, did, on or about the time charged in the information, kill any otter, mink, marten, sable, or fur-seal, or other fur-bearing animal or animals, on the shores of Alaska, or in the Behring's Sea east of the 193rd degree of west longitude, the jury should find the defendants guilty, and assess their punishment 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 Guttounsen, was sentenced to imprisonment 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 fine of 300 dollars, which terms of imprisonment are presumably now being carried into effect.

It also appears, by telegraphic despatch from Nanaimo, British Columbia, dated the 18th September, that the masters and mates of the "Onward" and "Carolina" have since been tried and sentenced to undergo similar penalties to those being inflicted on the master and mate of the "Thornton."

It will appear from 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 Ist Article of the Treaty made between the United States and Russia in 1867, by which Alaska was ceded to the United States, and which includes a stretch of sea extending in its widest part some 600 or 700 miles easterly from the mainland of Alaska.

In pursuance of this claim, they have interfered with the peaceable and lawful occupation 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 imprisonment. They appear to have done this in spite of the admitted principles of international law, and in direct opposition to their own contention of what constitutes common waters upon the Atlantic coast.

In view of the unwarranted and arbitrary action of the United States' authorities, the Undersigned recommends that a copy of this Report be sent to Her Majesty's Government to the end that immediate reparation be demanded from the Government of the United States, and that in the meantime the facts contained therein be telegraphed to the Secretary of State for the Colonies and to the British Minister at Washington.

The whole respectfully submitted.

Department of Fisheries, Canada,
Ottawa, September 21, 1886.

(Signed)

GEORGE E. FOSTER, Minister of Marine and Fisheries.

Sir,

No. 8.

The Earl of Iddesleigh to Sir L. West.-(Substance telegraphed.)

Foreign Office, October 20, 1886. YOU have received from the Canadian Government a protest against the claim advanced by the United States' authorities in seizing three Canadian schooners which were engaged in the capture of seals in what are alleged to be Alaskan waters.

I request that you will lose no time in protesting against these proceedings in the name of Her Majesty's Government; and you will at the same time reserve for consideration hereafter all rights to compensation which may be brought forward. Full instructions in regard to this matter will be sent to you by mail.

No. 9.

I am, &c.

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Sir,

The Earl of Iddesleigh to Sir L. West.

Foreign Office, October 21, 1886.

I HAVE to request you to inform me whether the United States' Government have replied to the communication which you were directed to make in my despatch of the 9th ultimo, regarding the seizure of British vessels in Behring's Sea by a United States' Revenue cutter.

If an answer has been received I should 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 British subjects in connection with this matter.

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Sir L. West to the Earl of Iddesleigh.-(Received by telegraph, October 22.)

My Lord,

Washington, October 21, 1886. WITH reference to your Lordship's telegram of this day's date, I have the honour to inform your Lordship that no answer has as yet been returned to the communication which, in obedience to the instructions contained in your Lordship's despatch of the 9th ultimo, I addressed to the Secretary of State, asking to be furnished with any particulars which the United States' Government may possess relative to the seizures of British vessels in Behring's Sea, and that I have at present no knowledge of any appeal having been made against the decisions of the United States' Courts condemning the parties concerned. The above information was telegraphed to your Lordship this day. I have, &c.

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Sir,

No. 11.

The Earl of Iddesleigh to Sir L. West.

Foreign Office, October 30, 1886. 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 "Corwin" 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

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