in the United States' District Court at Sitka, on the 30th August, 1886. The evidence given by the officers of the United States' Revenue cutter went to show that this vessel was seized for the offence of taking seals in that portion of Behring's Sea ceded to the United States by Russia in 1867, being then at a distance of from 60 to 70 miles from St. George's Island. The Judge charged the jury to the effect that, if they believed the defendants to have been sealing in the Behring Sea, east of the 193rd degree of longitude west, they should bring in a verdict of "Guilty," and assess separate fines or imprisonment. The jury brought in a verdict of "Guilty." The master of the "Thornton" was sentenced to thirty days' imprisonment, and to pay a fine of 500 dollars, and the mate to thirty days' imprisonment and a fine of 300 dollars. The masters and mates of the "Onward" and "Carolina" were mulcted in similar penalties. On the 23rd and 24th September, 1886, Orders in Council were approved by his Excellency, the Governor-General, setting forth the above facts, and representing the injustice to which Canadian citizens engaged in a peaceable and lawful occupation on the high seas had been subjected, in spite of admitted principles of international law, and in direct opposition to the United States' contention of what constitutes common waters on the Atlantic coasts, and copies thereof were forwarded to Her Majesty's Government, with a request that immediate reparation be demanded from the United States' Government.. On the 12th November, 1886, Mr. Bayard informed Sir L. West that he was awaiting full and authentic reports of the trial and Judgment in the cases of these seizures before further discussing the matter. On the 8th January, 1887, the Earl of Iddesleigh addressed Sir L. West, deprecating the delay which had taken place in securing the particulars, calling upon him to urge, with all the force which the gravity of the cases demanded, the immediate attention of the United States' Government to the action of the American authorities in their treatment of these vessels, mates, and crews, and directing him to seek assurance that pending a settlement of the question, no seizures of British vessels would be made beyond the territorial waters of Alaska. On the 9th January, 1887, Sir L. West wrote to Mr. Bayard, reviewing the whole case, and urging immediate action. On the 12th of the same month Mr. Bayard replied, explaining the reasons of the delay, and stating that every possible dispatch had been made in order to procure the necessary papers. On the 3rd February Mr. Bayard informed Sir L. West that the documents relative to these seizures left Sitka on the 26th January, and might be expected to reach him within a fortnight. In the meantime, he informed the British Minister that orders had been issued for the discontinuance of all pending proceedings, the discharge of the vessels, and the release of all persons under arrest in connection with these seizures, and that the conclusion of any questions involved must be reserved until the papers relating thereto had arrived. On the 4th February Sir L. West communicated the above information to his Excellency the Governor-General. The Minister further states that from information received from the owners of the seized vessels, and from the Collector of Customs at Victoria, British Columbia, he learns that James Ogilvie, an old man and master of the "Carolina," was arrested along with the masters and mates of the "Onward" and "Thornton," and brought into Court for trial, but that before sentence was pronounced he was suffered to wander away in the woods, where he died from want and exposure; that the other masters and mates after remaining several months in prison were released by order of the Governor of Alaska, and turned adrift literally destitute to find their way as best they could to their homes 1,500 miles distant, and which could be reached only by a long and costly sea voyage; that the owners of the condemned vessels have received no intimation from the United States' authorities of the release of their vessels or the restoration of the valuable cargo of sealskins and equipments on board, and that they have no information as to the condition in which their property is at the present time. The owners are thus left in complete uncertainty as to when or where their property is to be restored, and anticipate serious damage, if not total loss, to their vessels from the tremendous gales which during the past winter have swept the North Pacific coasts. They also state that, knowing well as they do the character of the Indians in that vicinity, and apprehending that no very vigilant watch has been kept over their property, they fear that everything movable will have been carried away. If they are compelled to receive the vessels at Oonalaska, where they have been detained, it will necessitate the chartering of a steamer, with men and supplies, at great expense and a round voyage of some 3,000 miles in order to bring them to Victoria. The consequent damage and loss to vessels and cargoes through detention, and the heavy cost which will be entailed in bringing them to the home port, the owners consider good grounds for claiming consideration from the United States' authorities when the question of reparation is being settled. The Committee concurring in the foregoing Report of the Minister of Marine and Fisheries advise that your Excellency be moved to call the attention of Her Majesty's Government again to the grave injustice done by the United States' authorities to British subjects, peaceably pursuing their lawful occupations on the high seas, and to the great delay which has taken place in inquiring into and redressing the wrongs committed to the severe, inhospitable, and unjustifiable treatment of the officers and crews of the vessels seized, and to the serious loss inflicted upon owners of the same, in order that full and speedy reparation may be made by the United States' Government, All which is respectfully submitted for your Excellency's approval. JOHN J. McGEE, Clerk, (Signed) Inclosure 3 in No. 40. Mr. Hamley to Mr. Tilton. Privy Council, Canada. Sir, Custom-House, Victoria, April 23, 1887. IN reply to your letter of the 15th instant, I beg to state that none of the masters or mates of the vessels seized in Behring's Sea in August last remain now in imprisonment. When the vessels were condemned the Judge, Mr. Dawson, sentenced masters and mates to fines, which were never paid, and to different terms of imprisonment. Ogilvie, master of the "Carolina," an old man, was arrested and brought into Court, but before the sentence was pronounced he wandered away into the woods and died there. The others, after serving a time in prison, were released by an order of the Governor and turned loose literally destitute, to find their way home in any way they could. The vessels themselves, "Carolina," "Onward," and "Thornton," are now, as far as we know, in Oonalaska, but unless they have been properly taken care of, which in such a place seems scarcely probable, they must during the winter months have suffered greatly, even if they are still in existence. The skins taken from them are, we believe, stored in the Alaska Fur Company's warehouses at Oonalaska; the guns and ammunition were taken to Sitka, and are in the care of the United States' Marshal. The chronometers and charts of two of the vessels were left in Oonalaska with the vessels. The chronometer of the other, with one or two boats, was taken, we were told, as evidence to Sitka. No notice whatever respecting the release of the vessels or the delivery of their equipments or of the skins has been received by the owners. No word of any description has been conveyed to them by the United States' authorities. I have, &c. (Signed) W. HAMKEY. Inclosure 4 in No. 40. Messrs. Carne and Mansie to Mr. Tilton. Victoria, B.C., April 14, 1887. Dear Sir, YOUR advice of 2nd instant is to hand. In reply, would say we have not been advised whether the vessels are to be returned to us at Victoria, or are we to incur the expense and risk of taking them from Oonalaska, and accept the skins in the condition. they may be found, as an offset in full against the amounts set opposite them in our claims. The expense and risk of getting them to Victoria will be great, as there is no direct way transferring men and supplies a distance of 1,500 miles. of It will necessitate the chartering of a steamer, and, owing to the tremendous gales in the North Pacific the past winter, the vessels may be very seriously damaged, if not totally lost. Knowing the Indians as we do we anticipate everything movable will be carried The vessels and skins are left in the care of not too friendly a concern, namely, the Alaska Commercial Company's agent, alias the United States' Marshal. Remaining, &c. (Signed) CARNE AND MANSIE. No. 41. Foreign Office to Colonial Office. Foreign Office, July 8, 1887. Sir, I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 27th ultimo relating to the case of the seizure of certain British vessels when engaged in seal-fishing last autumn in Behring's Sea. In reply, I am to request that you will state to Sir H. Holland that, in Lord Salisbury's opinion, it is very desirable that, before any further representations are made to the United States' Government with a view to obtaining reparation, Her Majesty's Government should be in possession of the records of the judicial proceedings in the District Court in Alaska, and instructions have been sent by telegraph to Sir L. West directing him to request that he may be furnished with these documents by the United States' Government for the use of Her Majesty's Government. I am further to request that this Department may be supplied with a copy of the papers which have been laid before the Canadian Parliament in regard to this question. I am, &c. (Signed) No. 42. JULIAN PAUNCEFOTE. Sir, The Marquis of Salisbury to Sir L. West. Foreign Office, July 9, 1887. REFERRING to your despatches of the 13th April and the 6th and 30th May last, and to previous correspondence, I transmit, for your information, a copy of a further letter from the Colonial Office relating to the question of the seizure last autumn of certain British vessels when engaged in seal-fishing in Behring's Sea.* Before giving you further instructions in regard to this matter, I should be glad to have the opportunity of examining the records of the judicial proceedings in the District Court in Alaska, and I request that you will at once apply to the United States' Secretary of State, and ask that these documents may be furnished to you for the use of Her Majesty's Government. I am, &c. Sir L. West to the Marquis of Salisbury.-(Received July 22.) Washington, July 12, 1887. My Lord, I have, &c. Inclosure in No. 43. IN THE UNITED STATES DISTRICT COURT, FOR THE DISTRICT OF ALASKA. The United States, Libellant, v. The Schooner "Thornton," her Tackle, &c.-On Libel of Information for being engaged in the Business of killing Fur-seal in Alaska. Transcript of Record. ON the 28th day of August, 1886, was filed the following Libel of Information :— IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA. AUGUST SPECIAL TERM, 1886. To the Honourable Lafayette Dawson, Judge of said District Court: THE libel of information of M. D. Ball, Attorney for the United States for the District of Alaska, who prosecutes on behalf of said United States, and being present herc in Court in his proper person, in the name and on behalf of the said United States, against the schooner "Thornton," her tackle, apparel, boats, cargo, and furniture, and against all persons intervening for their interest therein, in a cause of forfeiture, alleges and informs as follows: That Charles A. Abbey, an officer in the Revenue Marine Service of the United States, and on special duty in the waters of the district of Alaska, heretofore, to wit, on the 1st day of August, 1886, within the limits of Alaska territory, and in the waters thereof, and within the civil and judicial district of Alaska, to wit, within the waters of that portion of Behring Sea belonging to the said district, on waters navigable from the sea by vessels of 10 or more tons burden, seized the ship or vessel, commonly called a schooner, the "Thornton," her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons to the said Attorney unknown, as forfeited to the United States, for the following causes: That the said vessel or schooner was found engaged in killing fur-seal within the limits of Alaska Territory, and in the waters thereof, in violation of section 1956 of the Revised Statutes of the United States. And the said Attorney saith that all and singular the premises are and were true, and within the Admiralty and maritime jurisdiction of this Court, and that by reason thereof, and by force of the Statutes of the United States in such cases made and provided, the afore-mentioned and described schooner or vessel, being a vessel of over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became and are forfeited to the use of the said United States, and that said schooner is now within the district aforesaid. Wherefore the said Attorney prays that the usual process and monition of this honourable Court issue in this behalf, and that all persons interested in the beforementioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture may, for the cause aforesaid, and others appearing, be condemned by the definite sentence and decree of this honourable Court, as forfeited to the use of the said United States, according to the form of the Statute of the said United States in such cases made and provided. (Signed) M. D. BALL, United States' District Attorney for the District of Alaska. Whereupon forthwith issued the following monition : District of Alaska, Sct., The President of the United States of America to the Marshal of the District of Alaska, greeting : Whereas a libel of information hath been filed in the District Court of the United States for the District of Alaska, on the 28th day of August, in the year 1886, by M. D. Ball, United States' Attorney for the district aforesaid, on behalf of the United States of America, against the schooner "Thornton," her tackle, apparel, boats, cargo, and furniture, as forfeited to the use of the United States for the reasons and causes in said libel of information mentioned, and praying the usual process and monition of the said Court in that behalf to be made, and that all persons interested in the said schooner "Thornton," her tackle, apparel, boats, cargo, and furniture, &c., may be cited in general and special to answer the premises, and all proceedings being had, that the said schooner "Thornton," her tackle, apparel, boats, cargo, and furniture may, for the causes in the said libel of information mentioned, be condemned as forfeited to the use of the United States. You are therefore hereby commanded to attach the said schooner "Thornton," her tackle, apparel, boats, cargo, and furniture, to detain the same in your custody until the further order of the Court respecting the same, and to give notice to all persons claiming the same, or knowing or having anything to say why the same should not be condemned and sold pursuant to the prayer of the said libel of information, that they be and appear before the said Court to be held in and for the District of Alaska, on the 4th October, 1886, at 10 o'clock in the forenoon of the same day, if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and there to interpose a claim for the same, and to make their allegations in that behalf. And what you shall have done in the premises do you then and there make return thereof, together with this writ. Witness the Honourable Lafayette Dawson, Judge of said Court, and the seal thereof affixed at the City of Sitka, in the District of Alaska, this 28th day of August, in the year of our Lord 1886; and of the Independence of the United States, the 111th. On September 6, 1886, was filed the following affidavit : IN THE UNITED STATES' DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA, UNITED STATES OF AMERICA. The United States of America v. the Schooner "Thornton." United States of America, District of Alaska, ss. C. A. Abbey, being duly sworn, deposes and says: That he is, and at all times hereinmentioned was, a Captain in the United States' Revenue Marine, and in command of the United States' Revenue-cutter "Corwin." That affiant and the following named officers of said "Corwin" are material and necessary witnesses for the United States in the above entitled action: J. C. Cantwell, Lieutenant; J. U. Rhodes, Lieutenant; J. H. Douglass, pilot. That owing to scarcity of provisions and fuel upon said cutter "Corwin," the said "Corwin" and deponent and said witnesses will be obliged to and are about to go to sea within five days, and out of the district in which the said case is to be tried, and to a greater distance than 100 miles from the place of trial of said action before the time of said trial. That there is urgent necessity for taking the depositions of affiant and said witnesses forthwith. That Hans Guttormsen was master, and in possession of said schooner "Thornton " at the time of seizure thereof. Subscribed and sworn to before me, this 6th day of September, 1886. (Signed) ANDREW T. LEWIS, Clerk. On the same day was entered the following order : In the Matter of the United States v. Schooner "Thornton," Case No. 50; Schooner Case No. 51; Schooner "Onward," Case No. 49; Schooner "San Diego," Case No. 52. "Carolina, In the above entitled actions urgent necessity and good cause appearing therefor from the affidavits of C. A. Abbey, now on motion of M. D. Ball, United States' District Attorney for Alaska, and Counsel for the United States herein, it is ordered that the depositions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cantwell, J. U. Rhodes, J. H. Douglass, C. T. Winslow, Albert Leaf, C. Wilhelm, Thos. Singleton, and T. Lorensen be taken before the Clerk of the said District Court on Tuesday, the 7th day of September, 1886, at 7 o'clock P.M., or as soon thereafter as the matter can be reached at the office of said Clerk at Sitka, Alaska; and if not completed on said evening, then |