Inclosure 8 in No. 237. Captain Shepard, U.S.N., to the United States' District Attorney. United States' Revenue-steamer "Rush," Behring's Sea, Sir, 1 have taken his arms and sealskins, 333 in number, on board the "Rush," for better security, and as I have no officer to spare to place in charge, I have directed the captain to proceed with his vessel to Sitka, Alaska, and on his arrival to set his crew, three white men and twenty-five Indians, at liberty, and to report in person to you; and I have to request that you will take charge of this vessel and her officers, Captain John Reilly and mate, George McDonald, until I can appear in the United States' District Court at Sitka against them. My Lord, Deputy Governor Sir W. Ritchie to Lord Knutsford. Ottawa, September 23, 1889. I HAVE the honour to transmit herewith a copy of an approved Minute of the Privy Council of Canada, to which is appended a copy of the sworn statement of the master of the British schooner "Pathfinder," giving particulars of the seizure of his vessel by the United States' Revenue-cutter "Richard Rush," in Behring's Sea, on the 27th August last. The Canadian Government, as your Lordship will observe, call attention to the irritating and unjustifiable nature of the seizure, and request that suitable redress be demanded from the United States' Government for the wrong inflicted on loyal subjects of Her Majesty. I have, &c. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, on the 14th September, 1889. ON a Report, dated the 7th September, 1889, from the Minister of Marine and Fisheries, submitting, in connection with the Behring's Sea seizures, the sworn statement of the master of the British schooner "Pathfinder," giving the particulars of the seizure of this vessel by the United States' Revenue-cutter Richard Rush," in the Behring's Sea, on the 27th August last, and the removal thereto from the "Pathfinder" of 854 sealskins, together with all the rifles, shot-guns, and ammunition on board; the Minister submits also the instructions given the special officer placed on board the "Pathfinder" by the commander of the "Richard Rush," and it will be noticed, however, these were disregarded by the master and crew, as the vessel was navigated to Victoria, British Columbia, instead of Sitka. The Minister observes that the circumstances which characterize this seizure are no less irritating and unjustifiable than those which have preceded it. The Committee recommend that your Excellency be moved to transmit a copy of this Minute, together with the papers herewith, to the Right Honourable the Principal Secretary of State for the Colonies, in order to bring to the notice of Her Majesty's Government the particulars of the seizure in question, with a view to seeking from the Government of the United States redress commensurate with the wrong which has in this case been inflicted upon loyal subjects of Her Majesty. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Inclosure 11 in No. 237. Statement of Captain O'Leary. Victoria, British Columbia, August 30, 1889. CAPTAIN O'LEARY states that he sailed as master on board the British schooner "Pathfinder," owned by Carne and Munsie, of Victoria. We cleared at Custom-house on the 17th April for a sailing expedition to the North Pacific Ocean and on Behring's Sea. We had fair success, and shipped the early season's catch to Victoria. We entered Behring's Sea on the 1st July, and up to the 27th of that month had taken about 860 skins, the weather being rather unfavourable for sealing up to that time. On the morning of the 29th we sighted the United States' cutter "Richard Rush" in about 57° 24' north latitude, 172° 14' west longitude. Commander Shepard ordered me to heave-to; I did so: as there was no wind, escape was impossible. First Lieutenant Tuttle came on board with a boat's crew, and asked me if I was sealing; I told him I was. He asked me how many skins I had on board; I told him I had about 854. He then returned to the Revenue-cutter, and in a short time returned and told me he was going to seize my vessel. I asked him what he was going to seize me for; he said for sealing in Behring's Sea. His men then searched my vessel, and took all the ship's papers, 854 sealskins, 12 rifles and shot-guns, also all shells, cartridges, &c., which were transferred to the cutter "Rush." He put one of his crew on board my vessel, and told me to proceed to Sitka with the "Pathfinder." The "Rush" then steamed away, and I headed the "Pathfinder" south. After we were well out of the Behring's Sea, some of my crew informed the American officer that we were bound for Victoria. He said nothing to me, nor did he offer any objection. As the month of August is our best sealing month, 1 consider we could easily have taken 3,000 seals in all to the end of the sealing season. W. O'LEARY. Sworn before me this 31st day of August, 1889. (Signed) (Signed) J. W. SHOTBOLT, Justice of the Peace. Inclosure 12 in No. 257. Sir, Captain Shepard, U.S.N., to Mr. Hunter. United States' Revenue-cutter "Rush," Behring's Sea, Lat. 57° 24′ N., Long. 171° 55′ W., July 29, 1889. YOU are hereby appointed a special officer, and are directed to proceed on board the schooner "Pathfinder." of Victoria, British Columbia, this day seized for violation of section 1956 Revised Statutes of the United States, and assume charge of the said vessel, her officers and crew, twenty white men, all told; excepting the navigation of the vessel, which is reserved to Captain O'Leary, and which you will not interfere with unless you become convinced he is proceeding to some other than your port of destination, in which event you are authorized to assume full charge of the vessel. Everything being in readiness, you will direct Captain O'Leary to make the best of his way to Sitka, Alaska, and upon arrival at that port you will report in person to the United States' District Attorney for the District of Alaska, and deliver it to him, the letter so addressed, the schooner, her outfit, and the persons of Captain William O'Leary and mate, A. Davidson, and set the crew at liberty. After being relieved of the property and persons intrusted to your care, you will. await at Sitka the arrival of the "Rush." Respectfully, &c. (Signed) L. G. SHEPARD. Inclosure 13 in No. 237. My Lord, Deputy Governor Sir W. Ritchie to Lord Knutsford. Ottawa, September 24, 1889. I HAVE the honour to forward herewith a copy of an approved Minute of the Privy Council, submitting a copy of the affidavit of the master of the British sealing-schooner "Lily," which vessel was seized in Behring's Sea by the United States' Revenue-cutter "Richard Rush" on the 6th ultimo, about 60 miles from the nearest land, together with a copy of the certificate of seizure signed by the captain of the "Richard Rush," and a sealed communication addressed to the United States' District Attorney at Sitka. Inclosure 14 in No. 237. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, on the 18th September, 1889. ON a Memorandum, dated the 18th September, 1889, from the Minister of Marine and Fisheries, submitting the affidavit of the master of the British sealing-schooner "Lily," which vessel was on the 6th day of August last in the Behring's Sea (latitude 55° 29′ north, longitude 166° 15′ west), distant about 60 miles from the nearest land, with her cargo of 333 sealskins, seized by the United States' Revenue-cutter "Richard Rush," also the certificate of seizure signed by L. G. Shepard, captain of the "Richard Rush," and a sealed communication addressed to the United States' District Attorney, District of Alaska, Sitka, given to the master of the "Lily" for delivery on his arrival at Sitka, whither he was ordered to proceed, which order, however, he disregarded, and sailed to Victoria. The Committee advise that your Excellency be pleased to forward copies of the inclosures to the Right Honourable the Principal Secretary of State for the Colonies, for submission to Her Majesty's Government. All which is respectfully submitted for approval. (Signed) JOHN J. MCGEE, Clerk, Privy Council. Inclosure 15 in No. 237. Declaration of John Reilly. In the matter of the seizure of the sealing schooner "Lily" by the United States' Revenue-cutter "Richard Rush," on the 6th day of August, A.D. 1889. I, JOHN REILLY, of the city of Victoria, British Columbia, master mariner, do solemnly and sincerely declare that: I am a master mariner, and was at the time of the occurrences hereinafter mentioned, and still am, the master of the schooner "Lily," of the port of Victoria, British Columbia. On the 6th day of August, A.D. 1889, whilst I was on board and in command of the said schooner, and she then being on a sealing expedition, and being in latitude 55° 29′ north and longitude 166° 15′ west, and at a distance of about 66 miles from nearest land, the United States' Revenue-cutter "Richard Rush" overhauled the said schooner. I was first boarded by the First Lieutenant, who was armed, and who asked me how many skins I had on board. I replied that he should find out himself, and said that if he wanted to see the schooner's papers I would show them to him, and would render him assistance should he want to search the schooner for contraband goods; but I would not acknowledge his right to seize me for sealing on the high seas. The First Lieutenant then returned to the cutter, and in a short time returned, accompanied by another boat of the cutter, which was in charge of the Second Lieutenant. They both came on board, and the First Lieutenant demanded of me the surrender of the schooner, and asking at the same time for the schooner's papers. This I at first declined to do, and the First Lieutenant said unless I gave the schooner's papers to him at once, he would take them by force. I then gave him the schooner's papers, consisting of registry, coasting licence, and clearance. The First Lieutenant then ordered both boats' crew to search the schooner, and they took from my schooner 333 sealskins, all in good order. He then asked me if I would give him two sacks of salt. I told him that it would be useless for me to refuse, as he could take them by force, so I told him to go ahead and help himself. He then gave me two letters, the contents of which were unknown to me at the time, one of them being sealed, and the contents of which is still unknown to me, the other certifying that he had seized the schooner "Lily" for violation of the United States' laws, and taken possession of the schooner's papers. He then told me to proceed to Sitka, Alaska. I asked him if he wanted me to go to Victoria or Sitka, Alaska; to which he replied that he had nothing to say, but had simply told me his orders. My crew at this time consisted of a mate, George McDonald, and three white men and twenty-five Indian hunters. The Indian hunters said they would not proceed to Sitka, and, to avoid further trouble, I directed the schooner's course for Victoria, and arrived here the 1st day of September, at 7 o'clock P.M. And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of "The Oath Ordinance, 1869." (Signed) JOHN REILLY. Declared at the city of Victoria, British Columbia, this 11th day of September, 1889, before me. J. W. SHOTBOLT, Justice of the Peace. (Signed) I hereby make oath that the above declaration is true as far as I know of. Declared at the city of Victoria, British Columbia, this 11th day of September, 1889, before me. (Signed) To whom it may concern. J. W. SHOTBOLT, Justice of the Peace. Inclosure 16 in No. 237. Certificate of Seizure. United States' Revenue-cutter "Rush," Behring's Sea, THIS will certify that I have this day seized the British schooner "Lily," of Victoria, British Columbia, John Reilly, master, for violation of law (section 1956 Revised Statutes), and taken possession of his ship's papers, viz., certificate of registry, coasting licence, and clearance. (Signed) L. G. SHEPARD, Captain, United States' Revenue Marine. (Extract.) No. 238. Colonial Office to Foreign Office.-(Received October 25.) Downing Street, October 24, 1889. WITH reference to previous correspondence respecting the seizure of British vessels in Behring's Sea, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, inclosing an approved Minute of his Privy Council submitting a Report of the Minister of Marine and Fisheries on the subject. Inclosure 1 in No. 238. My Lord, Deputy-Governor Sir W. Ritchie to Lord Knutsford. Ottawa, September 23, 1889. WITH reference to your Lordship's telegram of the 18th ultimo, stating that Her Majesty's Government would be in a stronger position for dealing definitely with Behring's Sea cases if the appeals on 1886 seizures were pushed on, I have the honour to forward herewith a copy of an approved Minute of the Privy Council, submitting a Report of the Minister of Marine and Fisheries upon the subject. I have, &c. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, on the 16th September, 1889. THE Committee of the Privy Council have had under consideration a cable despatch, dated the 18th August, 1889, from Lord Knutsford, intimating that Her Majesty's Government considers that it would be in a stronger position for dealing definitely with Behring's Sea cases if appeals in 1886 seizures were pushed on, and the despatch goes on to say: "It is very unusual to press for diplomatic redress for a private wrong as long as there is a reasonable chance of obtaining it from the Tribunals of the country.' The Minister of Marine and Fisheries, to whom the cable despatch was referred, submits the annexed Report, in which the Committee concur. The Committee recommend that your Excellency be moved to forward a copy hereof and the annexed papers to the Right Honourable the Secretary of State for the Colonies. All which is respectfully submitted for your Excellency's approval. (Signed) Privy Council. Inclosure 3 in No. 238. Mr. Tupper to the Governor-General in Council. Ottawa, September 9, 1889. THE Undersigned has the honour to report that he has had before him a cable despatch from Lord Knutsford to your Excellency, dated the 18th August, 1889. This despatch intimates that Her Majesty's Government considers that it would be in a stronger position for dealing definitely with Behring's Sea cases if appeals in 1886 seizures were pushed on. The despatch goes on to say: "It is very unusual to press for diplomatic redress for a private wrong as long as there is a reasonable chance of obtaining it from the Tribunals of the country.' The Undersigned desires to call attention to some of the correspondence which has already taken place upon this subject. It will be recollected that in July 1887 Her Majesty's Principal Secretary of State for the Colonies expressed the desire of the Marquis of Salisbury that before any further representations are made to the United States' Government with a view to obtaining reparation, that Her Majesty's Government should be in possession of the record of the judicial proceedings in the District Court in Alaska.* Copies of records in United States' District Court for the District of Alaska in the cases of "Onward," "Carolena," and "Thornton" were duly forwarded in August 1887.t In acknowledging their receipt, the Marquis of Salisbury said: "I have further to request that you will endeavour to ascertain and report to me when it is probable that the appeals referred to in your despatches of the 2nd April, 1887, and of the 6th May, 1887, respectively, of the owners of the American ships which were seized on similar grounds, will come on for hearing, and whether any arrangement has been or can now in your opinion advantageously be made between the owners of the British and American vessels on the one side and the Government of the United States on the other, that one of these cases should be regarded as a test case, by which, in so far as the American legal Tribunals are concerned, the remaining cases might be held to be concluded. "It must, however, be clearly understood that any such arrangement, if made, would only affect the legal remedies which were open to the masters and owners of these vessels in the American Courts, and would in no degree limit the right of Her Majesty's Government, after all such legal remedies were considered to be exhausted, to intervene through diplomatic channels and on international grounds on behalf of snch masters or owners." The suggestion, that the United States should agree to a test case for submission to the United States' Supreme Court, was never acted upon. The cases of the United States' vessels referred to in this despatch as having been seized under circumstances similar to those of the British vessels were discontinued by consent of Counsel representing both private owners and the United States' Government. No suit is, therefore, now pending before the Tribunals of the United States, with the exception of the case of the "W. P. Sayward," a British ship, as hereinafter explained. In January 1887, it appears the authorities in Washington directed the release of the "Onward," "Carolena," and "Thornton," the 1886 seizures referred to in the cable message under consideration. Upon this subject an extract from a letter, dated the 17th August, 1889, from Mr. A. L. Belyea, Attorney for the owners of the vessels above referred to, and addressed to them, is appended to this Report. ‡ |