they had been taken to Sitka. He further stated that several other vessels in sight from Sitka were being towed in. It will be within your recollection that in the correspondence which has recently taken place in regard to the previous seizures of three British vessels by the United States' Revenue cruizer "Corwin," Mr. Bayard stated in a note dated the 3rd February copy of which accompanied your despatch of the following day), that "without conclusion at this time of day of any questions which may be found to be involved in these cases of seizure, orders have been issued by the President's direction for the discontinuance of all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in connection therewith." I request that you will at once communicate to the United States' Government the nature of the information which has reached them in regard to these further seizures of British vessels by the United States' authorities. You will at the same time say that Her Majesty's Government had assumed, in view of the assurances conveyed to you in Mr. Bayard's note of the 3rd February last, that pending a conclusion of the discussion between the two Governments on the general question involved, no further similar seizures of British vessels would be made by order of the United States' Government. Foreign Office, August 10, 1887. I HAVE to acknowledge the receipt of your despatch of the 12th ultimo, inclosing printed copies of the records in the United States' District Court for the District of Alaska in the cases of the British Columbian sealing schooners "Onward," "Carolina," and "Thornton." I should be glad if you would inform me whether the owners or masters of any of these vessels have entered an appeal against the Judgments delivered by the Court, and whether, if they have not already done so, such a course is still open to them. It is also desirable that Her Majesty's Government should be furnished with a full Report of the proceedings at the trials of the masters, which resulted in their conviction, and sentence to imprisonment and fine. I have further to request that you will endeavour to ascertain and to 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 such masters or owners. It is presumed that the records of the proceedings in the cases of the seizures of the British schooners which accompanied your despatch were communicated officially to Her Majesty's Legation, and, if so, I request that you will furnish me with a copy of the note by which they were accompanied. No. 48. I am, &c. (Signed) SALISBURY. My Lord, Sir L. West to the Marquis of Salisbury.-(Received August 26.) Washington, August 15, 1887. IN obedience to the instruction contained in your Lordship's despatch of the 10th instant, I informed the Secretary of State that three British Columbian schooners had been seized in Behring's Sea by the United States' cruizers a long distance from Sitka, and that several other vessels were in sight being towed in. I also intimated to Mr. Bayard that, in view of the assurances given in his note of the 3rd February last, Her Majesty's Government had assumed that, pending the conclusion of discussions between the two Governments on general questions involved, no further seizures would be made by order of the United States' Government. Copy of my note is herewith inclosed. I have likewise the honour to inclose to your Lordship copy of a note which I have received in reply to the above communication, in which Mr. Bayard states that he can discover no ground whatever, from the expressions contained in his note referred to, for the assumption by Her Majesty's Government that it contained any such assurances, but that he will ascertain without delay whether the circumstances attendant upon the cases of the seizures in question are the same as those which induced the Executive to direct the release of the vessels mentioned in his note of the 3rd February. 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 in the Pacific, dated Victoria, British Columbia, 7th August, reporting the seizure by United States' cruizers of three British Columbian sealing schooners in Behring's Sea, a long distance from Sitka, and that several other vessels were in sight being towed in. In conveying this information to you, I am requested at the same time by the Marquis of Salisbury to state that, in view of the assurances given in your note of the 3rd February last, Her Majesty's Government had assumed that pending the conclusion of discussions between the two Governments on general questions involved, no further seizures would be made by order of the United States' Government. Sir, Department of State, Washington, August 13, 1887. I HAVE the honour to acknowledge the receipt of your note of the 11th instant. received yesterday afternoon, informing me of a telegraphic communication from the Commander-in-chief of Her Majesty's naval forces in the Pacific, dated at Victoria, British Columbia, August 7th, reporting the seizure of three British Columbian sealing schooners "in Behring's Sea, a long distance from Sitka," and that "several other vessels were in sight being towed in." The reference to my note to you of the 3rd February last, which you make under the instruction of the Marquis of Salisbury, has caused me to examine the expressions contained therein, and I can discover no ground whatever for the assumption by Her Majesty's Government, that it contained assurances "that, pending the conclusion of discussions between the two Governments on general questions involved, no further seizures would be made by order of the United States' Government." Until your note of the 11th instant was received I had no information of the seizure of the sealing vessels therein referred to, and have no knowledge whatever of the circumstances under which such seizures have been made. I shall at once endeavour to supply myself with the information necessary to enable me to reply to you more fully. The cases of seizure referred to in my note of the 3rd February, 1887, had occurred during the previous August, and upon the basis of the information then obtained I wrote you as follows: "In this connection I take occasion to inform you that, without conclusion at this time of any questions which may be found to be involved in these cases of seizure, orders have been issued by the President's direction for the discontinuance of all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in connection therewith." Having no reason to anticipate any other seizures, nothing was said in relation to the possibility of such an occurrence, nor do I find in our correspondence on the subject any grounds for such an understanding as you inform me had been assumed to exist by Her Britannic Majesty's Government. A short time since, when you called upon me and personally obtained copies of the record of the judicial proceedings in the three cases of seizure in August last in Behring's Sea, nothing was said in relation to other cases. Whether the circumstances attendant upon the cases which you now report to me are the same as those which induced the Executive to direct the releases referred to remains hereafter to be ascertained, and this with as little delay as the circumstances will permit. (Extract.) Admiralty to Foreign Office(Received August 27.) Admiralty, August 24, 1887. I AM commanded by my Lords Commissioners of the Admiralty to send you herewith, for the perusal of the Marquis of Salisbury, extract from a letter from the Commander-in-chief on the Pacific Station, dated the 5th August, reporting the seizure of a sealing-schooner, named the "Anna Beck," by an American Revenue vessel in Behring's Sea. Inclosure in No. 49. (Extract.) Rear-Admiral Culme-Seymour to Admiralty. "Triumph," at Esquimalt, August 5, 1887. SINCE my return I hear that the "Anna Beck," a sealing schooner, has been seized by an American Revenue vessel in Behring's Sea-it is reported 60 miles north-east from St. George's Island; but no reliable information as to the spot has yet reached me. soon as it does I will forward particulars. As No. 50. Sir L. West to the Marquis of Salisbury.-(Received September 1.) (Extract.) Washington, August 20, 1887. IT would appear from Reports of Captain Shepard, of the United States' Revenue cutter" Rush," that the "Sayward" was captured 50 miles and the "Dolphin " 40 miles from Cape Cheerful, while the "Grace" was seized 95 miles from Ounalaska. Cape Cheerful does not appear on any Map or Chart, but is supposed to be the northernmost point of the Island of Ounalaska. The Islands of St. George and St. Paul (Pribylov Islands) are distant 180 miles from Ounalaska, so that at the time of the seizure of the "Grace" that vessel would have been 85 miles distant from them. To reach the breeding-grounds on the Islands of St. George and St. Paul, the seals regularly through the channel which separates the Island of Ounalaska from the Island of Akutan, and that which separates Akutan from the Island of Unimak, called respectively the Akutan and Unimak passes, and it is here that the sealers lay in wait for them on their passage. It is maintained that the capture of seals in this canner is in violation of section 1956 of the Revised Statutes of the United States, and that ships so capturing them are within the limits of Alaska territory or in the waters thereof. But, apart from the question of territorial limit and right to seize vessels in the open sea, it is argued by impartial persons that unless some arrangement is made for the protec tion of these valuable animals on their passage to the breeding-grounds, the genus, as in It is a known fact that few, if any, seals pass outside the Island of Ounalaska to their breeding-grounds, which exist only on the Pribylov Islands, and that their passage is as regular as their breeding season. No. 51. My Lord, Sir L. West to the Marquis of Salisbury.-(Received September 1.) Washington, August 22, 1887. SINCE writing my preceding despatch I have received privately from Mr. Bayard copies of the Reports of Captain Shepard, alluded to therein, respecting the seizure of the British vessels "Anna Beck," "W. P. Sayward," "Dolphin," and "Grace," copies of which I have the honour to inclose to your Lordship herewith. The State Department is not in possession of any further information. (Signed) I have, &c. L. S. SACKVILLE WEST. P.S.-I have communicated copies of Captain Shepard's Reports to the GovernorGeneral of Canada. L. S. S. W. Inclosure 1 in No. 51. Mr. Fairchild to Mr. Bayard. Sir, Treasury Department, August 19, 1887. I HAVE the honour to acknowledge the receipt of your letter of the 13th instant, in which you refer to information received through the British Minister as to the recent seizures by United States' cruizers of three British Columbian sealing-schooners in Behring's Sea, and request such information as this Department possesses or can obtain from its Agents relative to said seizures; and, in reply thereto, I inclose herewith copies of the Reports of the Captain of the Revenue cutter "Rush," dated the 4th, 11th, and 18th ultimo, reporting the seizures of the British steam-schooner "Anna Beck" on the 2nd, the British steam-schooner "W. P. Sayward" on the 9th, the British steam-schooner "Dolphin" on the 12th, and the British steam-schooner "Grace" on the 17th ultimo. Sir, Captain Shepard, U.S.R.M., to Mr. Fairchild. United States' Revenue Marine Steamer "Rush," Ounalaska, A. T., July 4, 1887. I HAVE the honour to report to the Department the seizure on the 30th June of the schooner "Challenge" of Seattle, Washington Territory, H. B. Jones, master, and Albert Douglas, of Seattle, Washington Territory, President of the Douglas Fur Company, managing owner, for violation of section 1961, Revised Statutes,-the having skins of female fur-seal and skins of unborn seal on board, which latter the captain and mate admitted were taken from the female seal killed by themselves or the crew of the vessel. The "Challenge" when found was anchored at Akoutau Island, Alaska: I took her in tow of the "Rush," and proceeded to Ounalaska and delivered her skins, 151 in number, to the United States' Deputy Marshal at this place, and have taken her arms and ammunition on board the "Rush" for safe keeping. The crew, consisting of fifteen men all told, were shipped at Port Townsend, Washington Territory, by H. Bash, United States' Shipping Commissioner, and were found present, excepting Wm. Couratz, of Germany, seaman, whom Captain Jones reports was taken sick and sent ashore at Goose Island, British Columbia, and Hines, an Indian of British Columbia, was shipped in his stead at that place. On the 2nd July, in latitude 54° 58′ north and longitude 167° 26' west, Cape Cheerful, Ounalaska Island, bearing south-east east, 66 miles, I boarded and examined the British steam-schooner" Anna Beck," of Victoria, British Columbia, Louis Olsen, inaster, Joe Bosquit, of Victoria, British Columbia, managing owner, on a sealing voyage, and having about 334 seal-skins on board, nineteen of which the captain admitted were taken in Behring's Sea. His boats had recently been taken out of the water, and considerable fresh seal blood and gurry were found on deck, indicating that seal had been skinned and dressed on board that day. I seized the vessel for violation of section 1956, Revised Statutes, took in tow, and proceeded to Ounalaska. This vessel was seen on the 30th June, in nearly the same position as when we found her, by Captain Aage, of the steamer "Dora," with several boats out hunting seal. I found on board a crew of nineteen men all told (seven white and twelve Indians), and the captain reported that on the 30th June two boats containing two Indians each were lost in the fog and could not be found, in addition to the above number. I have delivered the "Anna Beck," with outfit and 334 seal-skins, to the United States' Deputy Marshal at Ounalaska. No arms or aminunition were found on board. As the officers of these vessels have to be taken before the United States' District Court at Sitka for trial, to which place there is no established mode of conveyance from here, I have placed the officers and crews of both vessels on board the schooner "Challenge" and dispatched Benjamin Lorenzen, one of the crew of this vessel, duly qualified as a Deputy United States' Marshal, in charge, to Sitka, with instructions on his arrival at that place to deliver the vessel, captains, and mates to the United States' Marshal, and to set the crews at liberty, Lorenzen to remain at Sitka until the arrival of the "Rush end of the season. at the Sir, Captain Shepard, U.S.R.M., to Mr. Fairchild. United States' Revenue Marine Steamer "Rush," I HAVE the honour to inform the Department that on the 9th July in the Behring's Sea, latitude 54° 43′ north, longitude 167° 51' west, Cape Cheerful, Ounalaska Island, bearing south-east, true 59 miles distant, I boarded and examined the British schooner "W. P. Sayward," 59.79 tons register, of Victoria, British Columbia, Geo. R. Ferry, master, and W. D. Warren, of Victoria, British Columbia, managing owner, and found her to be on a sealing voyage—had been four days in the Behring's Sea. The captain reported 485 seal-skins on board, sixty-four of which were taken in the Behring's Sea. Found the vessel under short sail, and one canoe and two Indians out hunting seal. Her crew consisted of six white men all told, and seventeen Indians from British Columbia, and two Indians belonging to the crew of the British schooner " Anna Beck," who had lost that vessel in a fog. I took charge of the vessel's papers and seized her for violation of section 1956, Revised Statutes; took her in tow and proceeded to Ounalaska, arriving at midnight. I have delivered the 485 seal-skins found on board to the United States' Deputy Marshal at this place, and will send the vessel and her crew to Sitka, Alaska, in charge of one of the crew of this vessel duly qualified as a United States' Deputy Marshal, with instructions to deliver the vessel with her outfit, the captain and mate, to the United States' Marshal at Sitka on arrival at that port, and to set the crew at liberty. I am, &c. Sir, Inclosure 4 in No. 51, Captain Shepard, U.S.R.M., to Mr. Fairchild. United States' Revenue Marine Steamer "Rush," I HAVE the honour to inform the Department that on the 12th July in the Behring's Sea, latitude 54° 38′ north, longitude 167° 30' west, Cape Cheerful, Ounalaska Island, bearing south-east south, 40 miles distant, I boarded and examined the British steamschooner "Dolphin," 60 tons register, of Victoria, British Columbia, J. D. Warren, 10 |