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this country, and Her Majesty's Government now consider it incumbent on them to bring to the notice of the United States' Government the facts of the case as they have reached them from British sources.

It appears that the three schooners, named respectively the "Carolina," the "Onward," and the "Thornton," were fitted out in Victoria, British Columbia, for the capture of seals in the waters of the Northern Pacific Ocean, adjacent to Vancouver's Island, Queen Charlotte Islands, and Alaska.

According to the depositions inclosed herewith from some of the officers and men,* these vessels were engaged in the capture of seals in the open sea out of sight of land, when they were taken possession of on or about the 1st August last by the United States' Revenue cutter "Corwin," the "Carolina," in latitude 55° 52′ north, longitude 168° 53′ west, the “Onward" in latitude 50° 52′ north, longitude 167° 55′ west, and the "Thornton" in about the same latitude and longitude.

They were all at a distance of more than 60 miles from the nearest land at the time of their seizure, and on being captured were towed by the "Corwin" to Ounalaska, where they are still detained. The crews of the "Carolina " and "Thornton," with the exception of the captain and one man on each vessel detained at that port, were, it appears, sent by the steamer" St. Paul" to San Francisco, California, and then turned adrift, while the crew of the "Onward" were kept at Ounalaska.

At the time of their seizure the "Carolina" had 686 seal-skins on board, the "Thornton" 404, and the "Onward" 900, and these were detained, and would appear to be still kept at Ounalaska along with the schooners by the United States' authorities. According to information given in the "Alaskan," a newspaper published at Sitka, in the Territory of Alaska, and dated the 4th September, 1886, it is reported :

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" went to show that the "Thornton" was seized while in Behring's Sea, about 60 or 70 miles south-south-east of St. George Island, for the offence of hunting and killing seals within that part of Behring's Sea which (it was alleged by the "Alaskan " newspaper) 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, went 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 193° 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."

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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.

There is also reason to believe that the masters and mates of the "Onward" and “Carolina" bave since been tried, and sentenced to undergo penalties similar to those now being inflicted on the master and mate of the "Thornton."

You will observe, from the facts given above, that the authorities of the United States appear 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 concluded between the United States and Russia in 1867, by which Alaska was ceded to the United States, and

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

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

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 Wm. Munsie, owner of the "Carolina;

which includes a stretch of sea extending in its widest part some 600 or 700 miles easterly from the mainland of Alaska.

In support of this claim, those authorities are alleged to have interfered with the peaceable and lawful occupation of Canadian citizens on the high seas, to have taken possession of their ships, to have subjected their property to forfeiture, and to have visited upon their persons the indignity of imprisonment.

Such proceedings, if correctly reported, would appear to have been in violation of the admitted principles of international law.

I request that you will, on the receipt of this despatch, seek an interview with Mr. Bayard and make him acquainted with the nature of the information with which Her Majesty's Government have been furnished respecting this matter, and state to him that they do not doubt that, if on inquiry it should prove to be correct, the Government of the United States will, with their well-known sense of justice, at once admit the illegality of the proceedings resorted to against the British vessels and the British subjects above mentioned, and will cause reasonable reparation to be made for the wrongs to which they have been subjected, and for the losses which they have sustained. Should Mr. Bayard desire it, you are authorized to leave with him a copy of this despatch.

I am, &c.

(Signed)

IDDESLEIGH.

No. 12.

My Lord,

Sir L. West to the Earl of Iddesleigh.-(Received November 1.)

Washington, October 21, 1886. UPON the receipt of your Lordship's despatch of the 9th ultimo I immediately addressed a note to the Secretary of State, in accordance with the instructions therein. contained, and copy of which is herewith inclosed, requesting to be furnished with any particulars which the United States' Government may possess relative to the seizure of certain British Columbian seal schooners by the United States' Revenue cruizer "Corwin," but to which I have received no reply.

Upon the receipt of your Lordship's telegram of yesterday's date I addressed the note copy of which is likewise inclosed, protesting, in the name of Her Majesty's Government, against the said seizures, and reserving rights to compensation.

I have, &c. (Signed)

Inclosure 1 in No. 12.

L. S. SACKVILLE WEST.

Sir L. West to Mr. Bayard.

Sir,

Washington, September 27, 1886.

I HAVE the honour to inform you that Her Majesty's Government have received a telegram from the Commander-in-chief of Her Majesty's naval forces on the Pacific Station respecting the alleged seizure of three British Columbian seal schooners by the United States' Revenue cruizer "Corwin ;" and I am, in consequence, instructed to request to be furnished with any particulars which the United States' Government may possess relative to this occurrence.

Sir,

I have, &c. (Signed)

Inclosure 2 in No. 12.

Sir L. West to Mr. Bayard.

L. S. SACKVILLE WEST.

Washington, October 21, 1886.

WITH reference to my note of the 27th ultimo, requesting to be furnished with any particulars which the United States' Government may possess relative to the seizure in the North Pacific waters of three British Columbian seal schooners by the

United States' Revenue cruizer "Corwin," and to which I am without reply, I have the honour to inform you that I am now instructed by the Earl of Iddesleigh, Her Majesty's Principal Secretary of State for Foreign Affairs, to protest, in the name of Her Majesty's Government, against such seizure, and to reserve all rights to compen

sation.

I have, &c. (Signed)

L. S. SACKVILLE WEST.

(Extract.)

No. 13.

Admiralty to Foreign Office.-Received November 5)

Admiralty, November 4, 1886. REFERRING to my letter of the 20th September last and to previous correspondence, I am commanded by my Lords Commissioners of the Admiralty to transmit herewith, for the perusal of the Secretary of State for Foreign Affairs, cuttings from a newspaper called the "Daily British Colonist," at Victoria, respecting the seizure of British Columbian sealing schooners in Behring's Sea.

Inclosure in No. 13.

Extract from the "Daily British Colonist," Victoria, of October 7, 1886.

(From the "Brooklyn Eagle.")

THE ALASKA SEIZURES.-The recent seizure of vessels in Behring's Sea by the United States' Revenue steamer "Corwin," for the alleged illegal capture of seals in the waters of the United States, has attracted a surprisingly small amount of attention, in this quarter at least. This is probably due to the fact that the Cabinet has not had a meeting for some time, and that but one Cabinet Minister remained in Washington, so that there was a lack of information on the subject, which was unfavourable to its discussion. Now, however, we have something like an official Report of what has taken place from the Captain of the "Corwin," and the matter is ripe for the attention of the press of the United States. No one who gives the subject his notice can fail to recognize the fact that it is one of the most important questions this Government was ever called upon to discuss, and that it may involve consequences of the highest

moment.

The Captain of the " Corwin," it appears, was acting under positive instructions received at San Francisco, commanding him to seize and deliver to the United States' District Court of Alaska, for condemnation and seizure, all vessels found engaged in the capture of seals within Alaskan waters, which were defined to include all of Behring's Sea east of the line from Behring's Strait to a point west of the most western of the Aleutian Islands. Under this interpretation a vessel might be more than 500 miles from the mainland of America, and still a trespasser in Alaskan waters, and therefore liable to seizure. The complaints which led to the issuing of these instructions came from the Alaska Fur Seal Company, who lease the seal fisheries from the Government for the payment of 317,000 dollars annually.

The vessels captured were six in number, three of them being described as British, one American from San Francisco, but the nationality of the other two is not given. It is not pretended that any of them was within a marine league of the shore; in fact, the only vessel whose place of capture is specifically stated in the despatch is the British schooner "Thornton," which, the Captain of the " Corwin" says, was captured about 70 miles southsouth-east of St. George. This would bring her 150 miles from the chain of the Aleutian Islands, and 300 from the nearest point of the mainland.

The captured schooners were taken to Ounalaska, where they were libelled for condemnation, and their crews were conveyed to Sitka, where the masters and mates, in addition to the loss of their vessels, were tried before Judge Dawson, and fined and imprisoned. In the case of the "Thornton," the captain was fined 500 dollars. Judge Dawson, in passing sentence, was very severe on the prisoners, and likened their offence to piracy, telling them that they had no more right to go into the waters of another nation to interfere with its industries than they had to go upon another man's land and appropriate his crops. Judge Dawson, although only a District Judge, considers that his jurisdiction

extends over the whole of the waters of Alaska, comprising about 1,000,000 square miles of what would elsewhere be regarded as the high seas, so that he may safely be regarded as the greatest maritime Judge extant.

If it should be reported some days in the papers that a Gloucester fishermen had been captured by a Canadian cruizer 300 miles off the coast of Nova Scotia, and that her master and mate, in addition to the loss of their vessel, had been heavily fined, and were then languishing in a Canadian prison, there would probably be some indignation in New England. Yet that, as regards the maritime aspect of the case, is substantially what the Alaskan seizures amount to. It is maintained, however, that the circumstances of these cases are modified by the fact that Russia claimed the whole Behring's Sea as part of her territory, and that the waters claimed by this Government were ceded as part of Alaska. Judge Dawson is reported to have said on this point that Russia had claimed and exercised jurisdiction over all that portion of Behring's Sea embraced in the boundary-line set forth in the Treaty, and that claim had been tacitly recognized and acquiesced in by the other Maritime Powers of the world for a long series of years prior to the Treaty of the 30th March, 1867. He held that the jurisdiction had been transferred, and that the United States had acquired absolute control and dominion over the area described in the Treaty, and that British vessels, manned by British subjects, had no right to navigate the waters for the purpose of killing fur-bearing seals. If this is good law, that is the end of the matter; but is it good law? Unless we are greatly in error, there are copies of despatches on the files of the State Department, written prior to 1867, in which the Russian claim is distinctly repudiated and denied. Circumstances may have changed since then as to our attitude towards the subject, but the principle has not. And we doubt greatly whether the United States would ever have admitted such a claim if made by another nation. What would be said, for instance, if the British undertook to prevent an American whaler from entering Hudson Bay or traversing the western half of that arm of the Atlantic Ocean which leads to it? Maritime law and international law are the same whether on the Atlantic or the Pacific, and there is certainly something grotesque in the sight of hundreds of American fishermen hovering on the Canadian Atlantic coast just beyond the 3-mile limit, and claiming to enter all bays more than 3 miles wide at the mouth and fish, while, on the Pacific, Canadian vessels are captured 300 miles from the mainland, and the claim is made that a bay more than 1,000 miles wide at the mouth shall be a closed sea to them.

There is another aspect to the case, not international but national. One of the vessels captured was an American schooner from San Francisco. All other American vessels, except those of the Alaska Seal Fur Company, are therefore excluded from these waters, which are claimed as belonging to Alaska. Is there any warrant for this in the Constitution of the United States? It has been the evil policy of the nation to give up the whole Territory of Alaska to one gigantic monopoly, to discourage settlement and all legitimate enterprises not connected with the fur trade. Is this policy to be continued? It surely was not for this purpose that the territory was bought, but that its resources might be developed, and such parts of it as are suitable for settlement opened to industrious workers. But for nineteen years Alaska has been nothing but the reserve of a great Corporation, which is even now scheming to obtain a renewal of its franchises there. The matter is one of the greatest interest and importance to the American people, who are not desirous of establishing monopolies in Alaska or elsewhere, but wish to see all their territory opened up and made available for the use of all our citizens.

No. 14.

Messrs. Lampson and Co. to the Earl of Iddesleigh.-(Received November 13.)

My Lord,

64, Queen Street, London, November 12, 1886. WE understand a question of international law has arisen between the Government of the United States on the one hand and the Governments of Great Britain and of the Dominion of Canada on the other hand, respecting the seizure by the United States' Revenue cutter "Corwin" of certain Dominion fishing-vessels engaged in capturing furseals in the waters of Alaska.

As the future existence of the fur-seal skin trade, in which we have for years past been engaged, largely depends upon the settlement of this question, we beg to submit, for your consideration, the following facts:

Situated in the waters of Alaska, latitude 57° north, longitude 170° west, is the Pribylov group of islands, belonging to the United States.

These islands, which are occupied every year from May to October by a large number of fur-seals for the purpose of breeding, have been leased to an American Company, under stringent conditions, which restrict them from killing more than 100,000 young males per annum, and strictly prohibit them from killing any female seals

whatever.

The fur-seal being a polygamous animal, the annual increase is not affected by the killing of this limited number of young males; and it has been found that the wise nursing by these means of this very important fishery has not only resulted in the preservation of the seals during the past sixteen years, but has also given an ample supply of skins for purposes of trade.

During the last few seasons, however, fishing-vessels have been fitted out from ports in British Columbia and the United States, and have been engaged in the wholesale slaughter of female seals, which, during the breeding season, swarm in the waters round the islands for a considerable distance out to sea.

Last summer several of the Dominion vessels were seized by the United States' cutter, and it is stated that a case is being prepared by the Dominion Government, for presentation to the United States' Government, disputing the legality of the said captures.

Should Great Britain deny the right of the United States' Government to protect the fishery in an effectual manner, there can be no doubt that the Alaska fur-seals, which furnish by far the most important part of the world's supply of seal-skins, will be exterminated in a very few years, just as in the South Atlantic the Shetland and Georgia fur-seals, which used to furnish even finer pelts than the Alaskas, have already been.

It is evident, therefore, that the benefit derived by the Dominion fishing-vessels from the slaughter of these female seals will be short-lived.

We would next point out that the 100,000 skins, the annual produce of the islands (worth 350,000l. at present prices), have been shipped to us for sale and manufacture in London for sixteen years past, thus affording in this city employment for a large amount of capital and means of subsistence to some 10,000 people, many of whom are skilled workmen earning wages up to 31. per week.

We need, therefore, hardly suggest that it would be a shortsighted and disastrous policy to allow such an industry to be destroyed, especially at a time when so much distress is already prevalent among the working classes.

We therefore earnestly trust the British Government will, after verifying the above facts, see its way to give its friendly support to the United States in the exercise of their right to protect and preserve an article of commerce equally affecting the interests of both countries. We have telegraphed to New York for the " "Monograph of the Seal Islands," by Professor Elliott, which fully describes the seal life upon the islands. When we have received the book we shall have the pleasure of handing it to your Lordship.

We are, &c.

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WITH reference to previous correspondence, I am directed by Mr. Secretary Stanhope to transmit to you, to be laid before the Earl of Iddesleigh, a telegram which has been received from the Governor-General of Canada respecting the Alaska seizures; and I am to request to be informed of the answer which should be returned to Lord Lansdowne's inquiry.

I am, &c.

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