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such propositions could by no means be admitted. The vessels had not entered within the waters over which the laws of the United States extend, and over which the Executive or Judiciary of that country have any authority.

The vessels in question were molested in a lawful occupation on the high seas, and were seized by vessels in the service of the United States but possessing no right whatever to molest the people of Canada or their property on the ocean.

Similar outrages have been committed in the preceding year, and the vessels seized then were ordered to be surrendered by the United States' authorities. In the present cases, therefore, the repetition of such acts of violence was a proceeding for which the owners of the vessels have a right to expect that Her Majesty's Government will demand and exact redress.

They should not be asked to seek that redress in the Courts of any foreign country whatever, and the Courts of the United States have no more cognizance of their complaint than the Courts of any other foreign country.

The Committee, concurring in the above Report, advise that your Excellency be moved to transmit a copy of this Minute to the Right Honourable the Secretary of State for the Colonies, and also to the British Minister at Washington. All which is respectfully submitted for your Excellency's approval.

(Signed)

JOHN J. MCGEE, Clerk,

Privy Council, Canada.

Inclosure 3 in No. 148.

Sir L. West to the Marquis of Lansdowne, March 19, 1888.
[See Inclosure 2 in No. 110.]

Inclosure 4 in No. 148.

Mr. Fosier to Sir L. West, March 6, 1888.

[See Inclosure 1 in No. 110.]

(Extract.)

Inclosure 5 in No. 148.

The Marquis of Lansdowne to Sir L. West.

Government House, Ottawa, March 23, 1888. I HAVE the honour to inclose herewith, for your information, copy of a despatch which I have addressed to the Secretary of State for the Colonies* upon the subject of the Canadian sealing-vessels seized by United States' cruizers in the Behring's Sea.

Should you be able to obtain any information in regard to the action likely to be taken during the present year by cruizers of the United States in the Behring's Sea against vessels frequenting those waters, I shall be much obliged if you will put me in possession of it.

Sir,

Inclosure 6 in No. 148.

Lord Stanley of Preston to Sir L. West.

The Cascapedia, New Richmond, July 21, 1888. WITH reference to your despatch of the 19th March, inclosing a copy of a telegram which you had received from my Minister of Marine and Fisheries relative to the pending proceedings in the cases of Canadian sealing-vessels seized in Behring's Sea, and in reply thereto, setting forth the opinion of the Attorney-General that Rule X of the practice in Admiralty and Rules of the Supreme Court (1887) make it plain that confiscated ships can be bonded pending appeal, I have the honour to

* See Inclosure in No. 114.

forward herewith a copy of an approved Minute of the Privy Council concurring in a report of the Sub-Committee to whom the question was referred.

I have communicated a copy of the inclosed Minute of Council to the Secretary of State for the Colonies.

I have, &c.

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My Lord,

Inclosure 7 in No. 148.

Lord Stanley of Preston to Lord Knutsford.

Citadel, Quebec, August 4, 1888. WITH reference to my telegram of the 30th ultimo requesting that the Imperial authorities may urge the United States' Government to take steps for postponing the sale of the sealing schooners "Anna Beck," "Dolphin," "Grace," and Ada," which were seized last year in Behring's Sea, pending the settlement of the question concerning the legality of their seizure, I have the honour to forward herewith a copy of an approved Minute of the Privy Council, upon which my telegram was founded.

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Report of a Committee of the Honourable the Privy Council, approved by His Excellency the Governor-General in Council, on July 30, 1888.

THE Committee have had under consideration a telegram dated the 20th July, 1888, from the Lieutenant-Governor of British Columbia with respect to the bonding of the sealing-schooners "Anna Beck," "Dolphin,' Dolphin," "Grace," and "Ada," seized in Behring's Sea in 1887.

The Minister of Marine and Fisheries, to whom the said telegram was referred, recommends that the Imperial Government be moved to request the interposition of the United States' Government to have the sale of the condemned vessels postponed pending the settlement of the question as to the legality of their seizure.

The Committe submit the above for your Excellency's approval, and advise that your Excellency be moved to communicate by cable to the Colonial Secretary the request of the Lieutenant-Governor of British Columbia, and to urge upon Her Majesty's Government the necessity for immediate communication with the United States' Government with a view to save from further and disastrous loss the owners of the condemned vessels.

All which is respectfully submitted for your Excellency's approval.

(Signed)

JOHN J. MCGEE, Clerk,

Privy Council, Canada.

(Telegraphic.)

Inclosure 9 in No. 148.

Lieutenant-Governor Nelson to the Hon. C. H. Tupper.

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Victoria, British Columbia, July 20, 1888. THE following sealing schooners, seized in Behring's Sea in 1887, "Anna Beck,' "Dolphin," "Grace," and " Ada," are now being taken from Sitka to Port Townsend, Puget Sound, to be sold by United States' Marshal of Alaska. Judge of District Court of Alaska has refused bonding to owners, giving as reason application too late. Under present circumstances, owners willing and anxious to bond vessels for appraised values:

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"Anna Beck," 2,600 dollars; "Dolphin," 7,750 dollars; "Grace," 10,404 dollars; Ada," 2,900 dollars; or, pending settlement of question, have sale postponed. Will Dominion Government take necessary steps to secure if possible from United States Government that this arrangement shall be acceded to?

No. 149.

Sir L. West to the Marquis of Salisbury.-(Received August 27.)

My Lord, Beverley (Massachusetts), August 6, 1888. WITH reference to your Lordship's telegram of the 2nd instant, I have the honour to inclose herewith copy of a note which I addressed to the Secretary of State, asking that the sale of the four British vessels seized last year in Behring's Sea may be postponed pending the settlement of the question of the legality of the seizure.

I have, &c.

(Signed)

L. S. SACKVILLE WEST.

Sir,

Inclosure in No. 149.

Sir L. West to Mr. Bayard.

Beverley (Massachusetts), August 6, 1888.

I HAVE the honour to inform you that Her Majesty's Government have received intelligence to the effect that the four British ships seized last year in Behring's Sea are being taken to Port Townsend for sale by the United States' authorities. It would seem that this action has been taken in consequence of the Judge of the District Court of Alaska having refused to bond the owners upon the ground that their application was too late.

The Marquis of Salisbury has now requested me to ask the United States' Government to postpone the sale of the said vessels pending the settlement of the question of the legality of the seizure.

I have, &c.

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My Lord,

No. 150.

Sir L. West to the Marquis of Salisbury.-(Received August 31.)

Beverley (Massachusetts), August 16, 1888. WITH reference to your Lordship's telegram of the 2nd August, I have the honour to inclose to your Lordship herewith copy of a note which I have received from the Secretary of State, stating that, in pursuance of your Lordship's request conveyed through me, the Acting Attorney-General has directed by telegram and letter the postponement of the sale of the vessels in question, and has also instructed the United States' Marshal in charge to receive bonds in lieu of the vessels.

I communicated the substance of this note to your Lordship this day by telegraph, and have informed the Governor-General of Canada to the same effect.

I have, &c. (Signed)

L. S. SACKVILLE WEST.

Sir,

Inclosure in No. 150.

Mr. Bayard to Sir L. West.

Department of State, Washington, August 13, 1888.

WITH further reference to your note of the 6th instant, conveying the request of the Marquis of Salisbury for a postponement of the sale of four British vessels seized in Behring's Sea last year, I have now the honour to state that I have just received a letter from the Acting Attorney-General, informing me that, in pursuance of the request so made, he had directed by telegram and letter the postponement of the sale of the vessels in question, and has also instructed the United States' Marshal in charge to receive bonds in lieu of the vessels.

Accept, &c.

(Signed)

T. F. BAYARD.

Sir.

No. 151.

The Marquis of Salisbury to Sir L. West.

Foreign Office, September 1, 1888. WITH reference to your despatch of the 16th ultimo, I transmit herewith a copy of a letter from the Colonial Office,* inclosing copies of two despatches from Lord Stanley of Preston to the Secretary of State for the Colonies relative to the proposed sale of four of the British vessels seized when engaged in seal-fishing last year in Behring's Sea.

Before taking any further action with regard to these seizures by the American authorities, I request that you will inform me when the appeal to the Supreme Court of the United States in the case of the "W. P. Sayward " is likely to come on, and to report generally on the progress of the case.

No. 152.

I am, &c.

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Sir,

Foreign Office to Colonial Office.

Foreign Office, September 1, 1888.

I HAVE laid before the Marquis of Salisbury your letter of the 18th ultimo inclosing copies of two despatches from the Governor-General of Canada on the subject of the legal proceedings pending before the United States' Courts with regard to the British vessels seized by the American authorities when engaged in seal-fishing in Behring's Sea, and the claims for damages raised by the owners of the vessels.

I am to request that you will state to Secretary Lord Knutsford, in reply, that before taking any action on the Minute of the Canadian Government inclosed with Lord Stanley's despatch of the 26th July, 1888, Lord Salisbury has instructed Her Majesty's Minister at Washington to state when the appeal to the Supreme Court of the United States in the case of the "W. P. Sayward" is likely to come on, and to report generally on the progress of the case.

No. 153.

I am, &c.

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Sir,

The Marquis of Salisbury to Sir L. West.

Foreign Office, September 3, 1888. WITH reference to my despatch of the 16th April last, relative to the proposals received from the Government of the United States for concerted action on the part of the Powers interested in the matter, with a view to the establishment of a close season for the preservation of the fur seals resorting to Behring's Sea, I have to inform you that I have recently had a long conversation with Mr. Phelps on the subject. He stated that his Government were very anxious that an agreement should be arrived at as soon as possible.

I pointed out the difficulties felt by the Canadian Government, and said that, while the scheme was favourable to the industries of the mother country, considerable apprehension was felt in Canada with respect to its possible effect on colonial interests. I added that I was still sanguine of coming to an arrangement, but that time was indispensable.

* No. 148.

I am, &c. (Signed)

SALISBURY.

Sir,

No. 154.

Foreign Office to Colonial Office.

Foreign Office, September 3, 1888.

I HAVE laid before the Marquis of Salisbury your letter of the 18th ultimo, inclosing a copy of a despatch from the Governor-General of Canada, with a Minute of his Privy Council on the proposal made by the United States' Government for the establishment of a close time for fur seals in Behring's Sea.

With reference to Lord Knutsford's suggestion that the Government of the United States should make some modified proposal, I am to request that you will inform his Lordship that Lord Salisbury has recently had a long conversation with Mr. Phelps on the subject.

Mr. Phelps stated that his Government were very anxious that an agreement should be arrived at as soon as possible.

The difficulties felt on the subject by the Government of the Dominion were pointed out to him, and he was informed that, while the scheme was advantageous to the industries of the mother country, considerable apprehension was felt in Canada as to its possible effect on colonial interests.

Lord Salisbury added that he was still sanguine of coming to an arrangement, but that time was indispensable.

No. 155.

I am, &c.

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My Lord,

Sir L. West to the Marquis of Salisbury.—(Received October 1.)

Beverly (Massachusetts), September 13, 1888. WITH reference to my despatch of the 16th ultimo, I have the honour to inclose to your Lordship herewith copy of a note which I have received from the Secretary of State, together with copy of the correspondence which accompanied it, relative to the sale of certain British vessels seized in Behring's Sea, which sale had, at your Lordship's request, been postponed, and to request your Lordship's instructions as to the answer to be returned.

I have forwarded copies of this correspondence to the Governor-General of Canada.

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Sir,

Inclosure 1 in No. 155.

Mr. Bayard to Sir L. West.

Department of State, Washington, September 10, 1888. REFERRING to previous correspondence in relation to the sale of the four British vessels condemned for taking seals illicitly in Behring's Sea in 1887, I have the honour to inform you that I have received a communication from the Acting AttorneyGeneral of the 3rd instant, in which an expression of my views is requested upon the propriety of an immediate sale of the vessels in view of certain statements made in regard to them.

As an order for the postponement of the sale and the bonding of the vessels was issued by the Department of Justice in compliance with the request of Lord Salisbury communicated to this Department, I inclose herewith a copy of the letter of the Acting Attorney-General, together with its inclosures, and will be glad to learn whether, in the light of the facts now disclosed, it is still the desire of his Lordship that the sale should not be proceeded with.

I have, &c.

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