Sir, No. 303. Colonial Office to Foreign Office.-(Received March 15.) Downing Street, March 11, 1890. I AM directed by Lord Knutsford to acknowledge the receipt of copies of despatches from Her Majesty's Minister at Washington respecting communications which have passed with the United States' Secretary of State as to the compensation for the seizure of British vessels in Behring's Sea.* I am to observe that the terms on which Mr. Blaine would propose to submit the question of compensation to arbitration, as stated in his Memorandum, taken together with his further statement that no established principles of international law would be brought into dispute, appear to indicate that he would abandon, before the arbitrator, not only the mare clausum doctrine, but also the claim of an exclusive right of fishery in Behring's Sea, and would rely on the contention that the United States are charged with the duty of repressing acts done in that sea, contra bonos mores, to the injury of a fishery open to all nations. Lord Knutsford cannot doubt that an impartial arbitrator, whether all the three issues or only one of them be placed before him, would confirm the opinion that the owners are entitled to compensation for the ill-treatment to which they have been subjected. Lord Knutsford, however, desires me to observe that the question whether recourse should be had to arbitration on this subject, and the precise issues to be submitted to au arbitrator, are matters on which it is important to ascertain the views of the Government of Canada. Sir, The Marquis of Salisbury to Sir J. Pauncefote.-(Substance telegraphed.) Foreign Office, March 15, 1890. HER Majesty's Government have had under their consideration your despatches of the 7th and 11th ultimo, reporting the substance of conversations you had had with Mr. Blaine on the question of the claims for damages on account of seizures of British vessels by American cruizers in Behring's Sea, and on his proposal to refer the question of the liability of the United States' Government to the decision of some eminent jurisconsult. I transmit, for your information and guidance, a copy of a letter from the Colonial Office, containing Lord Knutsford's observations on your Reports above referred to.t I am, &c. My Lord, Sir J. Pauncefote to the Marquis of Salisbury.---(Received March 17.) Washington, March 1, 1890. I HAVE the honour to report that the Honourable Charles H. Tupper, the Dominion Minister of Marine and Fisheries, arrived here on the 25th ultimo, and on the 27th was presented by me to the Secretary of State. He was this day presented by Mr. Blaine to the President. On the occasion of our visit to the Secretary of State we had some informal conversation with him as to the procedure to be followed in the tripartite negotiation. Mr. Blaine apparently considere.! that we should commence at once to discuss the limits of the proposed close season as regards its area and duration. I pointed out, however, that I deemed it essential, in the first place, to examine the evidence on which the United States' Government base their contention as to necessity for a close season. Mr. Blaine objected that such an inquiry would cause a delay of several months, and that it was unnecessary, as the case for a close season had been established by the evidence of numerous United States' officials and experts, and that the result of their researches and practical experience during the last twenty years had already been published to the world. I replied that their evidence had been contested, and that, in my opinion, it was of the highest importance that a conclusion on the point should, if possible, be arrived at in the course of the present negotiation, for the satisfaction not only of my Government, but of all the other Governments who, if an arrangement should be concluded, will be invited to accede to it. I urged that no delay would be occasioned, as I could not see any reason why we should not proceed provisionally and concurrently with the other questions involved, such as the area and duration of the close season, the consideration of which would be materially assisted by the inquiry I proposed. After some further discussion, in which Mr. Tupper took part, Mr. Blaine agreed to furnish extracts from the evidence already published by his Government, on which they relied as establishing the case for a close season, and it was arranged that the first meeting of the negotiators should take place at the State Department on Monday, the 3rd instant, at 11 o'clock. I have, &c. JULIAN PAUNCEFOTE. (Signed) No. 306. Sir J. Pauncefote to the Marquis of Salisbury.-(Received March 17.) My Lord, Washington, March 4, 1890. WITH reference to my despatch of the 26th December, I have the honour to inclose an extract from the "Washington Post," in which it is stated that the North American Commercial Company of New York and San Francisco have been granted a lease for taking fur seals upon the Islands of St. Paul and St. George, Alaska, for a period of twenty years from the 1st May next. I have, &c. Extract from the "Washington Post" of March 1, 1890. ALASKA FISHERIES LEASE.-Secretary Windom has directed a lease to be made with the North American Commercial Company of New York and San Francisco, I. Liebes, President, for the exclusive privilege of taking fur seals upon the Islands of St. Paul and St. George, Alaska, for a period of twenty years from the 1st May next. The following are the names of the Directors of the North American Commercial Company: Lloyd Trevis, Henry Cowell, Mathias Meyer, and Isaac Liebes, all of San Francisco, and Albert Miller, of Oakland, California. Mr. David O. Mills, of New York, is a Director of the Company. Its capital stock is 2,000,000 dollars. The annual revenue to the Government under this lease on the basis of 100,000 seals per annum will be about 1,000,000 dollars, as against about 300,000 dollars under the present lease to the Alaska Commercial Company. No. 307. Sir J. Pauncefote to the Marquis of Salisbury.-(Received March 17.) Washington, March 7, 1890. My Lord, I HAVE the honour to acknowledge the receipt of your Lordship's despatch of the 12th ultimo, in which you request me to bear in mind that all proposals from the United States' Government for the settlement of the Behring's Sea should be received by me ad referendum, and I beg to state that I shall strictly adhere to your Lordship's instructions. I have, &c. No. 308. Sir J. Pauncefote to the Marquis of Salisbury.—(Received by telegraph, March 18.) (Extract.) Washington, March 18, 1890. WITH reference to my despatch of the 1st instant, I have the honour to report that the Behring's Sea negotiations have come to a deadlock, owing to a conflict of evidence in regard to the necessity for a close season for the fur-seal fishery. Mr. Blaine and M. de Struve both agree that the preservation of the fur-seal species is the sole object in view; but they insist, at the same time, that it will necessitate the total exclusion of sealing vessels from Behring's Sea during the close season. Mr. Tupper, on the other hand, maintains that no close season is necessary at all; but I believe the Canadian Government are ready to give way to some extent on this point. Mr. Blaine says that the arguments on his proposal are exhausted, and has called upon me to put forward a counter-proposal. I have accordingly prepared a draft Convention, which, I venture to state, offers the only prospect of a possible arrangement. Mr. Tupper left for Ottawa last night, taking with him a copy of it, which he will submit for the consideration of the Canadian Government. I will not fail to telegraph the reply of the Canadian Government to my proposal, and shall then await further instructions from your Lordship. In the meanwhile, negotiations are suspended. Sir, No. 309. The Marquis of Salisbury to Sir J. Pauncefote. Foreign Office, March 19, 1890 HER Majesty's Government approve your proceedings in connection with the negotiations for the establishment of a close season in the Behring's Sea seal fishing, as reported in your despatch of the 1st instant. No. 310. I am, &c. Colonial Office to Foreign Office.-(Received March 20.) Sir, Downing Street, March 19, 1890. WITH reference to previous correspondence, I am directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, forwarding a Schedule of the claims for compensation for damages resulting from the seizure of British vessels in Behring's Sea. I am, &c. (Signed) JOHN BRAMSTON. My Lord, Inclosure 1 in No. 310. Lord Stanley of Preston to Lord Knutsford. Government House, Ottawa, February 3, 1890. I HAD the honour to send to your Lordship to-day the following telegraphic message in code: One additional claim for compensation Minnie' 16,460 dollars. Summary of claims by post. Have sent copy, for his information, to Minister at Washington.' I have now the honour to transmit a copy of a Privy Council Order on which my telegram was based. A copy of this Minute has been forwarded to Her Majesty's Minister at Washington, for his information. I have, &c. Inclosure 2 in No. 310. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on the 3rd February, 1890. THE Committee of the Privy Council have had before them the cablegram from the Right Honourable the Secretary of State for the Colonies, dated the 30th January, 1890, of which the substance is as follows: "Are there any further claims for compensation for Behring's Sea seizures, and can you state their amount ?" The Minister of Marine and Fisheries, to whom the cablegram was referred, observes that my despatch of the 6th January inclosed a copy of an Order in Council of the 28th December, 1889, in reference to the compensation claimed by the owners of the "Kate," and that a claim on behalf of the owners of the "Minnie" has, since the date of the despatch alluded to, been formally made and forwarded to the Right Honourable the Secretary of State for the Colonies. The Minister further, in order that no claim relating to the seizures in Behring's Sea may escape the attention of Her Majesty's Government, recommends that the appended reply to the above message be forwarded by your Excellency to the Right Honourable the Secretary of State for the Colonies, for the information of Her Majesty's Government. The Committee advise that your Excellency be moved to cable the reply as herewith submitted. JOHN J. MCGEE, Clerk, (Signed) Appendix. Privy Council. Proposed Reply from his Excellency the Governor-General to the Right Honourable the THE following claims have reached my Government, and have been duly forwarded: 1886. "Corolena," 40,739 dollars; and personal claims, 5,000 dollars. 66 66 1887. "Anna Beck," 43,764 dollars; personal claims, 3,000 dollars. 1887. 1887. 1889. 66 "Black Diamond," 17,185 dollars. 1889. "Pathfinder," 26,765 dollars. 1889. Kate," 11,210 dollars. "Minnie," 16,460 dollars. No. 311. Foreign Office to Colonial Office. Foreign Office, March 20, 1890. Sir, WITH reference to my letter of the 15th instant, I am directed by the Marquis of Salisbury to transmit herewith, for the information of Secretary Lord Knutsford, a copy of a telegram from Sir J. Pauncefote,* reporting on the present state of the negotiations on the Behring's Sea question. I am at the same time to say that, before taking any further action in regard to this telegram, Lord Salisbury proposes to wait for information from Sir J. Pauncefote as to whether the Canadian Government are disposed to take a favourable view of the # No. 308. Convention which he has drafted for the protection of the fur seals resorting to Behring's Sea. Sir J. Pauncefote to the Marquis of Salisbury.-(Received by telegraph, March 26.) My Lord, Washington, March 26, 1890. I HAVE the honour to report that some of to-day's newspapers announce the publication of the Proclamation relating to the seal fishery in Behring's Sea, which the President of the United States is bound by law to issue "at a timely season in each year. Mr. Blaine told me a few days ago that it was ready for publication. I have, &c. Sir J. Pauncefote to the Marquis of Salisbury.-(Received March 31.) My Lord, Washington, March 21, 1890. IN continuation of my despatch of the 1st instant relating to the Behring's Sea fisheries, I have the honour to report that the first formal meeting of the Conference between the Secretary of State, M. de Struve (the Russian Minister), and myself took place on the 3rd instant, and that Mr. Tupper, the Canadian Minister of Marine and Fisheries, was present on the occasion. A long discussion took place on the subject of a close season. Mr. Blaine and M. de Struve contended that not only was a close season indispensable for the preservation of the fur-seal species, but that no close season would be effectual for securing the object in view unless during the period of its duration all sealing vessels of whatever nationality were absolutely excluded from the Behring's Sea. The Russian Minister stated that since the date of our preliminary meeting of the 22nd ultimo (reported by me to your Lordship on the same day), at which a line of demarcation for a close season had been informally proposed by Mr. Blaine and himself, he had received instructions from his Government to press that the line should commence on the west from a point at the southern extremity of the Island of Saghalien, in order to protect the rookery or breeding place on Robin Reef in the Sea of Ochotsk. On the other hand, Mr. Blaine seemed disposed to agree that on the east the line should terminate at the 160th meridian of longitude west from Greenwich, as originally proposed by the United States' Government. Mr. Tupper, who was then invited to express his views, strongly contended that a close season was not necessary for the preservation of the fur-seal species. All that was really required for that purpose was to use greater vigilance for the protection of the rookeries against the destruction of seals on shore by marauding parties. This would be effectually carried out by the United States' Government by the employment of additional cruizers, without necessitating the exclusion of all sealing vessels from the Behring's Sea for any period. A great deal of argument ensued on the evidence of particular witnesses and the reports of officials and experts, in the course of which Mr. Blaine laid great stress on a passage in the Report of Mr. Mowatt, Inspector of Fisheries for British Columbia, which is cited in Mr. Bayard's despatch to Mr. Phelps of the 7th February, 1888. It is to the effect that the enormous catch of fur seal in Behring's Sea by schooners from San Francisco and Victoria consisted principally of "cows" or female seals, and that, in view of the increase of vessels fitting out every year, there was reason to apprehend, in the opinion of the writer, that unless some measure of protection were adopted, the furseal fishery would soon be depleted. It was agreed to adjourn the meeting until we had examined a Memorandum of the evidence relied on by the United States' Government which Mr. Blaine had promised to furnish, as reported in my despatch of the 1st instant. This Memorandum was delivered the same day, and Mr. Tupper immediately prepared a counter-Memorandum in support of his views. Both documents are in course of printing, and copies will be transmitted to your Lordship as early as practicable. |