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No. 122.

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

Sir, Foreign Office, April 17, 1888. HER Majesty's Government have had under consideration the particulars received by them in regard to the claims of British sealing-vessels seized in Behring's Sea, and warned off by the United States' authorities.

They consider that it would be difficult to arrive at a just estimate of the amount of the claims in question without an investigation by a Mixed Commission into the circumstances under which these claims have arisen, which require verification.

I have accordingly to request you to ascertain whether the United States' Government would agree to the appointment of a Mixed Commission, whose functions should be restricted to inquiring whether any compensation is due, and, if so, how much in each case.

No. 123.

I am, &c.

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Sir,

Foreign Office to Colonial Office.*

Foreign Office, April 20, 1888.

I AM directed by the Marquis of Salisbury to transmit to you a copy of a despatch which his Lordship has addressed to Her Majesty's Ambassador at St. Petersburgh and Her Majesty's Minister at Washington,t recording a conversation he has had with the Russian Ambassador and the United States' Chargé d'Affaires at this Court, on the subject of the measures which might be adopted to check the indiscriminate slaughter of seals in Behring's Sea.

I am to request that, in laying the inclosed despatch before Her Majesty's Secretary of State for the Colonies, you will move him to favour Lord Salisbury with any observations he may have to offer upon the proposals discussed therein.

I am, &c.

(Signed)

JULIAN PAUNCEFOTE.

No. 124.

Colonial Office to Foreign Office.-(Received April 21.)

Downing Street, April 20, 1888.

Sir, WITH reference to your letter of the 14th instant, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, for any observations which he may have to offer, a copy of a telegram from the Governor-General of Canada respecting the cases of the British sealers captured last year.

I am, &c.

(Signed)

JOHN BRAMSTON.

Inclosure in No. 124.

The Marquis of Lansdowne to Lord Knutsford.

(Telegraphic.) April 18, 1888. IT seems very desirable time for appeal be extended as long as possible. United States' Government should, in the interim, release vessels and skins on security abide by conditions of negotiations. Owners would desire to appeal as last resort should negotiations fail.

No. 125.

Sir L. West to the Marquis of Salisbury.-(Received April 23.)

My Lord,
Washington, April 11, 1888.
WITH reference to my despatch of the 6th instant, I have the honour to
inclose to your Lordship herewith copy of a private note which I have received from
Mr. Bayard, repeating what he had told me on the 6th instant, that no orders had been
issued this year for the seizure of British sealing-vessels in Behring's Sea.

I have forwarded copy of Mr. Bayard's note to the Marquis of Lansdowne.
I have, &c.

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Dear Sir Lionel, Department of State, Washington, April 10, 1888. REFERRING to our conversation held on the 6th instant in a personal interview in relation to the Treasury orders for the seizure of British sealing-vessels in Behring's Sea by United States' Revenue cutters, I now repeat, at your request, what I then told you in reply to the memorandum of inquiry by Lord Salisbury, that no orders on the subject referred to had been issued this year by the Treasury Department.

No. 126.

Very truly yours, (Signed)

T. F. BAYARD.

Sir,

Colonial Office to Foreign Office.-(Received April 24.)

Downing Street, April 24, 1888.

WITH reference to the previous correspondence relating to the seizure of British fishing-vessels in Behring's Sea by United States' cruizers, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a confidential despatch received from the Governor-General of Canada, inclosing copies of telegrams which have passed between his Lordship and the Lieutenant-Governor of British Columbia respecting the arming of sealing-vessels to resist capture by the United States' cruizers.

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The Marquis of Lansdowne to Lord Knutsford.

My Lord, Government House, Ottawa, March 29, 1888. I HAVE the honour to transmit, for your Lordship's information, copies of telegrams which I have received from the Lieutenant-Governor of British Columbia, dated the 27th and 29th instant, stating that the owners of sealing-vessels now on the point of departure for the Behring's Sea are arming their vessels and crews to resist capture by United States' cruisers. I also inclose a copy of my reply to the former of these telegrams.

(Telegraphic.)

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Lieutenant-Governor Nelson to the Marquis of Lansdowne.

Victoria, British Columbia, March 26, 1888. MY Government has received information that sealers, on point of departure for Behring's Sea, are arming their vessels and crews to resist capture.

(Telegraphic.)

Inclosure 3 in No. 126.

The Marquis of Lansdowne to Lieutenant-Governor Nelson.

Ottawa, March 27, 1888.

IN reply to your telegram of the 26th, public notice should be issued by your Government, cautioning persons going on sealing expeditions to refrain from assertion of their rights by force, and from taking on board arms and ammunition in excess of their usual requirements. The whole matter forms the subject of diplomatic negotiations now in progress. Any intemperate action in the meanwhile would be most detrimental to British Columbian interests, and might lead to serious complications, and be fclowed by grave consequences.

Inclosure 4 in No. 126.

(Telegraphic.)

Lieutenant-Governor Nelson to the Marquis of Lansdowne.

Victoria, British Columbia, March 29, 1888. IT is reported that, with a view to protecting their vessels and property from lawless designs of United States' Government, some persons, fitting out here for sealing, are arming their vessels and crews, and unless protection is afforded by Imperial Government, serious loss of property, and possibly human life, may result. Dominion Government are therefore urged to take such steps for the protection of British interests in Behring's Sea as may be deemed advisable.

Sir,

No. 127.

Admiralty to Foreign Office.-(Received April 26.)

Admiralty, April 25, 1888.

MY Lords Commissioners of the Admiralty have had under their consideration your letter of the 20th instant, inclosing a copy of a despatch, dated the 16th instant, which has been addressed by Lord Salisbury to Her Majesty's Ambassador at St. Petersburgh and Her Majesty's Minister at Washington in regard to the adoption of measures to check the indiscriminate slaughter of seals in Behring's Sea.

2. My Lords request that you will state to Lord Salisbury that their Lordships full concur in the views set forth in the inclosure to your letter now under reply.

I am, &c.

(Signed)

EVAN MACGREGOR.

No. 128.

Sir,

Colonial Office to Foreign Office.-(Received April 26.)

Downing Street, April 25, 1888.

I AM directed by Lord Knutsford to acknowledge the receipt of your letter of the 20th instant, transmitting a copy of a despatch addressed to Her Majesty's Ambassador at St. Petersburgh respecting the proposed establishment of a close time for seals in Behring's Sea.*

In reply, I am to inclose, for the information of the Marquis of Salisbury, a copy of the extender of a telegram which was sent to the Governor-General of Canada, on his Lordship's suggestion, inquiring whether the Dominion Government were aware of any objection to the proposed arrangement.

I am also to inclose a copy of a despatch from Lord Lansdowne, in the two concluding paragraphs of which he points out that the probable effect of the proposed close time on the operations of the Canadian sealers would be to exclude them completely from the rights which they have until lately enjoyed without question or molestation.

In these circumstances, it is probable that the United States' proposals may not be

accepted by Canada without reserve, and Lord Knutsford would suggest that, pending the receipt of the observations of the Dominion Government in response to the invitation contained in his despatch of the Sth March, referred to by Lord Lansdowne, no final action should be taken in the matter.

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My Lord,

Inclosure 1 in No. 128.

Lord Knutsford to the Marquis of Lansdowne.

Downing Street, April 21, 1888. I HAVE the honour to acquaint you that I have this day telegraphed to you, with reference to your despatch of the 9th instant, that negotiations are proceeding between Russia, the United States, and Great Britain with regard to the establishment of a close time, during which it would be unlawful to kill seals at sca, in any manner, to the north of the 47th parallel of latitude between the coasts of Russia and America, and inquired whether your Government was aware of any objection to the proposed arrangement. I added that, of course, as regards Canadian waters, Canadian legislation would be

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(Extract.)

Government House, Ottawa, April 9, 1888. IN reference to my despatch of the 29th March, I have the honour to inclose herewith copy of a telegram, dated the 5th instant, from the Attorney-General of British Columbia to Sir John Macdonald, acquainting him that my telegram, of which a copy was sent to you in the above despatch, had been published in the provincial press as a warning to sealing-vessels, and that there was reason to believe that these vessels had, in consequence of the intimation thus given, ceased to arm themselves for the purpose of resisting the cruizers of the United States.

I have forwarded to you by this mail copies of a telegram received from Sir L. West in reference to the probable action of these cruizers during the present season, and of a telegram addressed to him by me in reply.

I observe that the information obtained by Sir Lionel West from Mr. Bayard, which is the same as that communicated to me in your telegraphic despatch of the 6th instant, is merely to the effect that no orders have been issued by the United States for the capture of British ships fishing in the Behring's Sea. I need scarcely point out that this is not equivalent to an assurance that such vessels will not be molested except when found within the 3-mile limit, and that we are not informed whether any orders which have been already issued in this connection are or are not still in force.

I need scarcely point out that the close time for seals, referred to in your telegram, is created under a Statute of the United States, which is not obligatory except upon the subjects of that Power. The proposal contained in the inclosure to your Confidential despatch of the 8th March, 1888, for the adoption of a similar close season by British fishermen is at present receiving the careful consideration of my Government. Such a close time could obviously not be imposed upon our fishermen without notice or without a fuller discussion than it has yet undergone. You are aware that, during the close time enforced by the United States' Statute, the seals, although protected from slaughter by the use of firearms, may be killed in great numbers on their breeding-grounds by the persons who enjoy the monopoly of the trade under Concessions from the United States' Government. The rest of the year these animals are, according to Mr. Bayard's statement in his despatch of the 7th February, 1888, "supposed to spend in the open sea south of the Aleutian Islands," where they are probably widely scattered and difficult to find. It would appear to follow that, if concurrent regulations based upon the American Law were to be adopted by Great Britain and the United States, the privileges enjoyed by the citizens of the latter Power would be little if at all curtailed, while British fishermen

would find themselves completely excluded from the rights which until lately they have enjoyed without question or molestation.

In making this observation I do not desire to intimate that my Government would be averse to entering into a reasonable agreement for protecting the fur-bearing animals of the Pacific coast from extermination, but merely that a one-sided restriction such as that which appeared to be suggested in your telegram could not be suddenly and arbitrarily enforced by my Government upon the fishermen or this country.

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(Telegraphic.)

Mr. J. Robson to Sir J. Macdonald.

Victoria, April 5, 1888.

AS a warning, Lord Lansdowne's telegram to Lieutenant-Governor was published on 29th ultimo, and, I believe, arming has been discontinued, but to avert serious trouble assurance of protection continues [?] essential.

No. 129.

Sir,

Colonial Office to Foreign Office.-Received April 28.)

Downing Street, April 27, 1888.

WITH reference to the letter from this Department of the 25th instant, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a telegram from the Governor-General of Canada, explaining the views of the Dominion Government with regard to the establishment of a close time for seals in Behring's Sea.

Lord Knutsford would be glad to know what reply, if any, Lord Salisbury thinks should be sent.

I am, &c.

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(Telegraphic.)

Inclosure in No. 129.

The Marquis of Lansdowne to Lord Knutsford.

(Received at the Colonial Office, April 25, 1888, 10:10 P.M.) IF proved to be necessary, Canadian Government will be ready to join other Governments in adopting steps to prevent extermination of fur-seals in Northern Pacific Ocean, but, before final agreement, desires full information and opportunity for considering operation of proposed close time.

Establishment of close time at sea only would give virtual monopoly of seal fisheries to Russia and United States; the latter Power owns the most important breeding places, in which close time would not operate.

Rights should be reserved for Canada of terminating arrangement after sufficient notice, not exceeding two years.

Sir,

No. 130.

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

Foreign Office, April 29, 1888. WITH reference to Lord Lansdowne's despatch of the 21st March,* respecting the Behring's Sea question, a copy of which was forwarded to you by his Excellency, I have to request that you will propose to the United States' Government that the limit of time fixed for the prosecution of the appeals in regard to the seizures of British

See No. 114.

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