No. 107. Colonial Office to Foreign Office.-(Received March 29.) Sir, Downing Street, March 28, 1888, WITH reference to the letter from this Department of the 24th instant, and to yours of the same date, relating to the alleged clearing for Behring's Sea of certain Canadian sealing schooners with armed Indian crews, for the purpose of resisting the American Revenue cutters, should the commanders of the latter attempt to molest them, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a telegram received from the Governor-General of Canada, from which it appears that this rumour is not unfounded. Lord Knutsford desires to call the attention of Lord Salisbury to the suggestion of the Governor-General that the Admiralty should instruct the Admiral commanding on the station to watch the proceedings on the spot. His Lordship would also suggest that this matter should be brought under the immediate notice of the United States' Government in order that a definite announcement of their intentions during the present season with reference to the Behring's Sea sealers may be obtained; with such information Her Majesty's Government would be better able to consider how further complications may best be avoided. I am, &c. I AM informed by Lieutenant-Governor of British Columbia that sealers on the point of departure for Behring's Sea are arming the vessels and crews to resist capture by American Revenue cutters. We think it desirable that Admiral should be instructed to watch proceedings on the spot. I have telegraphed to Lieutenant-Governor to issue notice cautioning sealers to refrain from any assertion of right by force of arms, and pointing out grave results which might ensue from resort to arms whilst negotiations still in progress. It seems to us impossible to prevent fishermen taking on board the arms and ammunition usually required for their own protection and for use in seal-fishing. Reports reach us from Victoria that United States' Government has issued orders for the seizure of all sealers found this season in Behring's Sea. Let me again urge necessity of obtaining from United States' Government definite announcement of its intentions during present fishing season in those waters. Sir, No. 108. The Marquis of Salisbury to Sir L. West.-(Substance telegraphed.) Foreign Office, March 30, 1888. I INCLOSE, for your information, a copy of a letter from the Colonial Office,* inclosing a telegram from the Governor-General of Canada, from which it appears that the British vessels and crews now fitting out for the approaching seal-fishing season in Behring's Sea are being armed with a view to offering resistance to their capture by American cruizers when so occupied. Lord Lansdowne also reports that it is rumoured in Victoria that orders have been issued by the United States' Government for the seizure of all sealers found this season in Behring's Sea. I request that you will inform Mr. Bayard of the report in question, and that you will earnestly represent to him the extreme importance that Her Majesty's Government should be enabled to contradict it. Sir, No. 109. Foreign Office to Colonial Office. Foreign Office, March 30, 1888. I HAVE laid before the Marquis of Salisbury your letter of the 28th instant, inclosing a telegram from the Governor-General of Canada, from which it appears that the vessels and crews now preparing for the seal-fishing season in Behring's Sea are being armed with a view to offering resistance to their capture in that sea. I am to request that you will inform Lord Knutsford, in reply, that Sir L. West has been instructed to call Mr. Bayard's attention to the rumour current in Victoria that orders have been issued by the United States' Government to capture British ships fishing in Behring's Sea, and he has been further directed to represent earnestly the extreme importance that Her Majesty's Government should be enabled to contradict the rumour in question. On receipt of Sir L. West's reply a further communication will be addressed to you. I am, &c. JULIAN PAUNCEFOTE. (Signed) No. 110. My Lord, Sir L. West to the Marquis of Salisbury.-(Received April 2.) Washington, March 19, 1888. I HAVE the honour to inclose to your Lordship herewith copy of a telegram which I have received from Mr. Foster, the Canadian Minister of Marine and Fisheries, as well as copy of a despatch which I have addressed to the Marquis of Lansdowne in reply thereto, and which is based on unofficial communication with the State Department. I have, &c. (Signed) (Telegraphic.) Inclosure 1 in No. 110. Mr. Foster to Sir L. West. L. S. SACKVILLE WEST. Ottawa, March 6, 1888. IT seems that Canadian sealers are required to carry appeal to United States' Court, or, by failure to do that, will forfeit bonds. Can they be allowed, pending definite settlement between United States and Great Britain, to bond vessels and skins without obligation to appeal? (Extract.) Inclosure 2 in No. 110. Sir L. West to the Marquis of Lansdowne. Washington, March 19, 1888. I HAVE the honour to inclose to your Excellency herewith copy of a telegram which I have received from Mr. Foster, your Excellency's Minister of Marine and Fisheries, relative to pending proceedings in the cases of Canadian sealers seized in Behring's Sea, and, in reply, to inform your Excellency that the Attorney-General has stated that Rule X of the Practice in Admiralty and Rules of the Supreme Court (1887) make it plain that the confiscated ships can be bonded pending appeal. No. 111. The Marquis of Salisbury to Sir L. West. Foreign Office, April 3, 1888. Sir, He expressed the hope that instructions would soon arrive which would enable the Russian Ambassador to negotiate on the subject of establishing a close time during which the capture of seals in certain localities should not be permitted; and he added that, whenever that Convention could be arranged, it would put an end to all the difficulties which had arisen with respect to the seal-fishery in that sea. Mr. Phelps was very anxious for dispatch because the destruction of the species was enormous, and was increasing in volume every year. But under the peculiar political circumstances of America at this moment, with a general election impending, it would, he said, be of little use, and, indeed, hardly practicable, to conduct any negotiation to its issue before the election had taken place. He held it, however, to be of great importance that no steps should be neglected that could be taken for the purpose of rendering the negotiation easier to conclude, or for supplying the place of it until the conclusion was obtained. He informed me, therefore, unofficially, that he had received from Mr. Bayard a private letter, from which he read to me a passage to the following effect : "I shall advise that secret instructions be given to American cruizers not to molest British ships in Behring's Sea at a distance from the shore, and this on the ground that the negotiations for the establishment of a close time are going on.' But, Mr. Phelps added, there is every reason that this step should not become public, as it might give encouragement to the destruction of seals that is taking place. I suggested to him that it would be desirable for Lord Lansdowne to know of it, as his Excellency was much embarrassed by the measures for self-defence which were being taken by some of the sealing-ships that were fitting out from British Columbia. Mr. Phelps then said that he would have no objection to my communicating this information to Lord Lansdowne confidentially. At the same time he expressed the hope that I would represent to Lord Lansdowne the importance of refusing clearance, if he could do so, to all ships going out from ports in British Columbia to shoot seals in Behring's Sea during close time, that is to say, from the 15th April to the 1st November. He also said he presumed that any Convention for exercising police in Behring's Sea must, in the case of America and Great Britain, be supported by legislation; and he would be very glad if Her Majesty's Government would try to obtain the requisite powers during the present Session. I replied that the matter should have our immediate attention. I am, &c. (Telegraphic.) Sir L. West to the Marquis of Salisbury.-(Received April 4.) Washington, April 3, 1888. I HAVE made representation to Secretary of State as directed in your telegram of the 30th ultimo. He begs me to inform your Lordship that no orders have been issued for capture of British ships fishing in Behring's Sea. Sir, No. 113. Foreign Office to Colonial Office. Foreign Office, April 5, 1888. WITH reference to your letter of the 28th ultimo, I am directed by the Marquis of Salisbury to state to you, for the information of Secretary Lord Knutsford, that a telegram has been received from Her Majesty's Minister at Washington reporting that the United States' Secretary of State has informed him that no orders have been issued by the Government of the United States for the capture of British ships fishing in Behring's Sea. I am, &c. Sir, No. 114. Colonial Office to Foreign Office.-(Received April 11.) Downing Street, April 10, 1888. I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, an extract of a despatch from the Governor-General of Canada respecting the question of bonding the British sealing-vessels captured by the United States' cruizers in Behring's Sea during last season, and again urging the desirability of obtaining from the Government of the United States a distinct intimation of its intentions with regard to the approaching season. I am, &c. (Extract.) Inclosure in No. 114. The Marquis of Lansdowne to Lord Knutsford. Government House, Ottawa, March 21, 1888. I AM given to understand by my Minister of Marine and Fisheries that permission has actually been given to the owners of the British vessels to bond them pending appeal, provided that the sureties are citizens of the United States and resident therein. He has, however, learnt that the British Columbian owners who are concerned in this matter are not willing to bond their vessels if they are thereby bound to carry an appeal to the United States' Courts, and if, by not proceeding with the appeal, they would thereby forfeit their bonds. It has, moreover, been suggested that, by giving bonds pending an appeal to the Supreme Court of the United States, the owners might thereby place the matter outside the scope of any diplomatic negotiations which may take place upon this subject, a result which they would naturally be desirous of avoiding. They have now inquired whether it would be possible for them to bond their vessels, &c., pending, not an appeal to the Supreme Court, but the diplomatic settlement of the question which has arisen in connection with the seal fishery in these waters. I shall be glad if Her Majesty's Government will invite the attention of that of the United States to this request, which should be attended to as soon as possible. From information which I have received, there is reason to believe that the seal-skins on board of these vessels will be sold at Sitka on the 19th April. In connection with the subject of this despatch, I venture again to call your attention to the inquiry made in my telegram of the 31st March, 1887, in regard to the action likely to be taken during the present year by cruizers of the United States in Behring's Sea against sealers frequenting these waters. The uncertainty as to this has had a very prejudicial effect upon the fishing interests of British Columbia, and I would urge that, both in order to avoid this inconvenience, and also in order to obviate the risk of further friction between the two Governments, an explicit statement of its intentions should be obtained from that of the United States with as little delay as possible. It is, I think, obvious that an international arrangement whereby a close time would be established for fur-seals within certain limits is not likely to be arrived at in time to provide for the requirements of the fishing season of this year. I have communicated a copy of this despatch to Sir Lionel West. Sir, No. 116. Foreign Office to Colonial Office. Foreign Office, April 14, 1888. I LAID before the Marquis of Salisbury your letter of the 10th instant, together with the despatch from the Marquis of Lansdowne therein inclosed, respecting the bonding of British sealing-vessels captured by United States' cruizers in Behring's Sea during last season, and again urging the desirability of obtaining from the United States' Government a distinct intimation of their intentions with regard to the approaching season. On this latter point my other letter of this day will have made known to the Secretary of State for the Colonies Lord Salisbury's views. With regard to the question of "the bonding for appeal vessels or cargoes condemned to forfeiture by the District Court of Alaska," I am directed by Lord Salisbury to observe that the arrangement proposed in paragraph 5 of Lord Lansdowne's despatch would operate as an abandonment of the right of appeal without any certain prospect of a remedy by diplomatic action. His Lordship would therefore suggest, for the consideration of Lord Knutsford, whether it might not be preferable to propose to the United States' Government that the time limited for the prosecution of the appeals should be extended by consent for such period as may allow of a settlement by diplomatic negotiation, without prejudice to the ultimate legal remedy by appeal, should such negotiation be unsuccessful. As regards the sureties, Lord Salisbury does not think that reasonable objection can be taken to the stipulation that they should be citizens of the United States and resident therein, and therefore within the jurisdiction of the American Courts. JULIAN PAUNCEFOTE. I am, &c. (Signed) No. 117. My Lord, Sir L. West to the Marquis of Salisbury.—(Received April 16.) Washington, March 27, 1888. I HAVE the honour to inclose to your Lordship herewith copies of a letter addressed to Senator Dolph, of Oregon, by Mr. James G. Swan, Assistant Collector of Port Townsend, Washington Territory, relative to fur-seals in the waters of Alaska and in the Behring's Sea. The migration of the New England fishermen to the Pacific coast, and their determination to assert the right to fish or hunt in the American waters of Behring's Sea, outside of 3 nautical miles from any island or the mainland of Alaska, will have an important bearing on the jurisdiction claimed by the United States' for the benefit of the Alaska Commercial Company. I have, &c. (Signed) Inclosure in No. 117. L. S. SACKVILLE WEST. 50th Congress.-SENATE.--Mis. Doc. No. 78. IN THE SENATE OF THE UNITED STAtes. March 15, 1888.-Presented by Mr. Dolph, and ordered to lie on the table and be printed. Letter of James G. Swan, Assistant Collector, Port Townsend, Washington Territory, relative to Fur Seals in the Waters of Alaska and in the Behring's Sea. Senator, Port Townsend, Washington, March 7, 1888. I HAVE the honour to inform you of the arrival here of the first vessel of the Gloucester, Massachusetts, fishing fleet-the schooner "Mollie Adams," Captain Johnson, |
