consisted of James Gaudin, master, a mate, and twenty sailors and hunters, with two sealing-boats and seven canoes, and fully equipped and provisioned for such voyage. 4. The "Ada" entered Behring's Sea on or about the 16th day of July, A.D. 1887, and continued therein lawfully pursuing the objects of her voyage until the 25th day of August then next following, when, while so lawfully pursuing the objects of her voyage in said sea about 15 miles northward from Ounalaska Island, which said island was the nearest land, the said schooner was seized by the United States' steam-ship "Bear," and taken to Illoolook Harbour at said Ounalaska Island, in the United States' Territory of Alaska, and her voyage completely broken up. 5. At the time of said seizure the "Ada" had on board 1,876 seal-skins, which upon arrival at Illoolook Harbour aforesaid were taken from on board the "Ada” and stored on shore, after which, by order of the United States' authorities, the "Ada” was taken to Sitka, in said Territory of Alaska, together with the master, mate, and crew. 6. That the said " Ada" arrived at Sitka on the 6th day of September, A.D. 1887, and on the 9th day of the said month her master and mate were, without being tried for any offence whatever, unconditionally released, but the "Ada" kept at Sitka, where she still remains. 99 " 7. That hereto annexed, marked "(A)," is a statement showing the value of the "Ada at the time of her said said seizure, and the value of her outfit on and for said voyage, 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 returning from Victoria to Sitka. 8. The value placed on the "Ada" by her said owner at time of seizure, namely, 7,000 dollars, is a fair and reasonable value for the "Ada" when seized. She is a substantially built craft in every respect, and is one of the best sailing-vessels engaged in the sealing trade. The value of the "Ada's" outfit given in said Exhibit, namely, 2,500 dollars, is less than that of any of the other seized vessels from the fact that the "Ada's" hunters were mostly Indians, whose canoes and outfits were returned after such seizure, and said outfit not including wages. 9. The price charged for the seal-skins taken from the "Ada" when seized is the current market price of seal-skins at Victoria at the close of the sealing season of 1887. 10. That the Exhibit (C), hereto annexed, shows the legal and personal expenses incurred by the owner of the "Ada" by reason of the seizure and detention of the said schooner "Ada," and the arrest and detention of the master and mate, and the claims arising therefrom. 11. That Exhibit (D), hereto annexed, is a statement of the estimated loss and damage to the owner of said schooner" Ada" by reason of her said 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-skins as the probable additional catch of the "Ada" for the balance of the sealing season, had she not been seized, is a fair and reasonable estimate, and with her actual catch, making a total for the season of 2,876, which, as she carried two boats, seven canoes, and twenty hunters, cannot be considered an excessive estimate. 13, During the months of October, November, December, and January following the close of the sealing season, or the greater part thereof, had the "Ada" been in her owner's possession, she would have been engaged in the general coasting and freighting trade on and about the coasts of British Columbia, and the fair and reasonable earnings of the "Ada" during said months, after deducting from the gross amount thereof the cost of wages and running expenses, would be at least 500 dollars per month. 14. In case the "Ada " be not delivered into her owner's possession at Victoria on or before the 1st day of February, A.D. 1888, it will be impossible to give her the necessary repairs and refitting in time to start out at the usual date, about the 1st March, on a full season's hunting and fishing. As during the summer months there is little coasting and freighting trade in which the "Ada" could be employed, her owner would, in the event of her not being ready in time for a regular hunting and fishing voyage, practically lose the greater part of the season, and the earnings of the "Ada" for such full season, after deducting therefrom the cost of outfit, wages, and other running expenses, would be at least, under circumstances, 6,000 dollars. 15. That hereto annexed, marked "(E)," is a statement of the principal sums on which interest at 7 per cent. is claimed, and the time from and to which it is so claimed. At the close of the sealing season of 1887, when the catch of the "Ada," in the ordinary course of events, would have been realized on, the minimum rate of interest on money for commercial purposes was, has continued to be, and now is, 7 per cent. per annum. And I, James Douglas Warren aforesaid, make this solemn declaration, conscientiously 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 December, A.D. 1887, and certified under my official seal. (Signed) D. O'CONNOR, Notary Public for Ontario. Exhibit (A). Dol. c. Value of the schooner "Ada" at the time of her seizure by the United States' 7,000 00 Value of "Ada's" outfit at the same time 2,500 00 Value of seal-skins on board at seizure, viz., 1,876 skins, at 5 dol. 50 c. per 10,318 00 100 00 Estimated additional catch of seal-skins by schooner "Ada" had she not been Loss to owner of "Ada" by reason of her detention during the months of If owner not put in possession of " Ada" on or before the 1st February, 1888, Dol. c. 5,500 00 2,000 00 Exhibit (E).-PRINCIPAL Sums on which Interest is claimed at 7 per cent. per annum, and the Time for which it is so claimed. Value of the probable full catch of "Ada" for season of 1887, viz., 2,876 Cash outlay prior to the 1st October, 1887 Total principal on which interest at 7 per cent. per annum is claimed, from the Dol. c. 15,818 00 200 00 Sir, No. 91. Colonial Office to Foreign Office.-(Received February 3.) Downing Street, February 3, 1888. WITH reference to previous correspondence respecting the British sealing-vessels seized in Behring's Sea, I am directed by the Secretary of State for the Colonies to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, reporting that orders have been issued by the United States' Government for the return to their owners of the vessels "Onward," "Thornton," and "Carolina," seized in 1886. Sir, Inclosure 1 in No. 91. The Marquis of Lansdowne to Sir H. Holland. Government House, Ottawa, January 19, 1888. IN reference to my former despatches upon the subject of the seizure of Canadian sealing-vessels during the years 1886-87 by United States' cruziers for fishing in Behring's Sea, I have the honour to report that my Minister of Marine and Fisheries has received from the Customs authorities at Victoria an intimation addressed by the United States' Marshal at Sitka to Mr. Spring, the owner of the "Onward," one of the three vessels seized in 1886, to the effect that that vessel, as well as the "Thornton" and "Carolina,' with their tackle, apparel, and furniture, as they now lie in the harbour of Ounalaska, are to be restored to their owners. A copy of this intimation is inclosed herewith. 2. The information received by my Minister is to the effect that the condition of these three vessels, owing to the length of time during which they have been lying on the shore, is now such as to render it questionable whether they could, under present circumstances, be repaired and removed with advantage. The difficulty of doing this would be increased, from the fact that the vessels have been released at a season of the year 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 Ounalaska to repair their vessels and bring them home. 3. I also inclose herewith copy 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 Sitka for the liberation of the vessels made no mention of the arms and ammunition on board of them, the Court concluded that these should be confiscated and sold. It would seem from the same extract that the remaining vessels held in Alaska are not included in the order sent by the United States' Government for the release of the "Thornton," "Carolina," and "Onward," and are therefore likely to be confiscated and sold with their contents and equitment. 5. I have already dwelt at sufficient length upon the extent of the hardships involved to the crews and the owners of these vessels by the action of the United States' Government, and I will only, upon the present occasion, remind you that another fishing season is approaching, and that, as far as my Government is aware, no declaration has been made by that of the United States in regard to the policy which it intends to adopt during the course of the year which has just commenced. Sir, Mr. B. Atkins to Mr. C. Spring. Office of United States' Marshal, Sitka, District of Alaska, December 5, 1887. I TAKE pleasure in informing you and other owners of the schooners seized in the Behring's Sea by United States' steamer "Corwin," that I am in receipt of orders from Washington to restore to their owners the schooners "Onward," "Thornton," and "Carolina," their tackle, apparel, and furniture, as they now lie in the harbour of Ounalaska. Orders for their release have been forwarded to their custodian at Ounalaska. (Signed) BARTON ATKINS, United States' Marshal, District of Alaska. Inclosure 3 in No. 91. Extract from American Newspaper (name and date unknown). ALASKA NEWS.-Judge Dawson has made an order for the sale, at Juneau, of the arms and ammunition taken from the British schooners "Thornton," "Carolina," and "Onward," captured last year by the "Corwin." Attorney-General Garland sent instructions to Sitka to have the three vessels liberated, but, as he made no mention of the arms and ammunition, the Court concluded that they must be sold, and gave directions accordingly. The Marshal has further been authorized to sell the schooner "W. P. Sayward' (British), and the “ Alpha," "Kate," and "Anna," and "Sylvia Handy" (American), together with their boats, tackle, and furniture. By stipulation entered into last September between Mr. Delaney, acting for the United States, and Mr. Drake, Q.C., representing the Canadian Government, the remaining British schooners cannot be sold until the expiration of three months from the 11th January next, and then only by the District Attorney giving the owners ninety days' notice. Application granted : In the cases of the schooners "Lily L.," W. P. Sayward," "Annie," "Allie J. Alger," "Alpha," "Kate and Anna," and "Sylvia Handy," an application made by Attorney W. Clark, counsel for the owners, for leave to appeal to the Supreme Court of the United States, was granted. A motion presented by the same attorney for a stay of proceedings for three months in the cases of the "W. P. Sayward," " Alpha," "Kate and Anna," and "Sylvia Handy," was refused by the Court, on the ground that the owners had ample time in which to prepare for their appeals, and it was entirely their own fault if they had not done so. (Extract.) No. 92. Colonial Office to Foreign Office.-(Received February 13.) Downing Street, February 13, 1888. WITH reference to previous correspondence respecting the claims of British subjects against the Government of the United States arising out of the seizure of or interference with certain sealing vessels in the Behring's Sea, I am directed by Secretary Sir Henry Holland to transmit to you, to be laid before Lord Salisbury, copies of two further despatches from the Governor-General relating to further claims in the cases of the vessels "Thornton," "Carolina," and "Onward," and of the vessels "Dolphin,” "W. P. Sayward," "Anna Beck,' ""Grace," and "Ada." Inclosure 1 in No. 92. The Marquis of Lansdowne to Sir H. Holland. Sir, Government House, Ottawa, January 20, 1888. WITH reference to my despatches of the 2nd and 23rd December last, transmitting revised statements of the claims of the owners of the "Thornton," " Carolina," and "Onward," seized in Behring's Sea during the season of 1886 by the United States' Revenue cutter "Corwin," I have the honour to forward herewith, for presentation to the United States' Government, a copy of an approved Report of a Committee of the Privy Council, submitting a revised statement of the claims of the masters and mates of the above-mentioned vessels. and reasonable, and expresses the hope that prompt reparation may be made to those persons for the sufferings and losses they have sustained. I have, &c. Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Governor-General in Council, January 12, 1888. ON a Report dated 5th January, 1888, from the Minister of Marine and Fisheries, stating, with reference to the Minute of Council of the 3rd January, 1887, transmitting claims of the owners, masters, and mates of the sealing-schooners "Thornton," "Carolina," and "Onward," which were seized in the Behring's Sea in August, 1886, by the United States' revenue-cutter "Corwin," and the despatch from the Secretary of State for the Colonies, dated 14th September, 1887, returning these for revision, as well as to the Minutes of Council of the 29th November and 20th December, 1887, transmitting the revised claims of the schooners "Thornton" and "Carolina" and of the "Onward" respectively, so far as the owners are concerned, that, the personal claims for illegal arrest and imprisonment of the masters and mates of the above-mentioned vessels having been referred back to the parties interested, they have consented to accept a reduction of onehalf the original claim as submitted: They would therefore be as follows: The Minister, believing these revised claims to be just and reasonable, recommends that they be forwarded for presentation to the United States' Government, and expresses the hope that prompt reparation may be made to those persons for the sufferings and losses they have sustained. The Committee advise that your Excellency be moved to forward the claims herein mentioned to the Right Honourable the Secretary of State for the Colonies, for transmission to the United States' Government. Sir, All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. MCGEE, Clerk, Privy Council. Inclosure 3 in No. 92. The Marquis of Lansdowne to Sir H. Holland. Government House, Ottawa, January 18, 1888. WITH reference to my despatch of the 5th instant, transmitting detailed statements of the claims of the owners and agents of the Canadian sealing-vessels seized in Behring's Sea during the past season, I have the honour to forward herewith a copy of an approved Report of the Committee of the Privy Council, submitting the personal claims of the masters and mates of the " Dolphin," "W. P. Sayward," "Anna Beck," "Grace," and "Ada.” My Minister of Marine and Fisheries is of opinion that the claims submitted are just and reasonable, and recommends that they be presented to the United States' Government with the hope that prompt reparation may be made to these persons for the sufferings and losses they have sustained. I have, &c. |