Russia's rights are attacked on the very simple ground that she might as well have annexed the open ocean as Behring's Sea. Russia's position was that the Aleutian Isles, scattered along in a chain between Asia and America, cut off that northern portion of the Pacific Ocean and made it an interior sea, like Hudson's Bay, in British North America, or like the Gulf of California. The claim would be more readily conceded if the Aleutian Isles were more contiguous. As matter of fact, 900 miles of blue water separate the westernmost island from the most eastern extension of Russian mainland. But between the two most separated islands the distance, it must be admitted, is considerably less. Still, it would be enough to overthrow the mare clausum theory were the attack made by any other nation than England. That "closed sea" theory is briefly an agreement among nations that so many of them as have sea-coasts may annex so much of the ocean as they can control, and control is construed to extend as far as a cannon-ball can reach. That is the antiquated theory on which exclusive maritime jurisdiction is conceded by nations to one another over the occan 3 miles from shore. Of course, if two capes were only 3 miles apart the interior sea beyond them would, on the strict mare clausum contention, be conceded to the nation owning the capes, but not otherwise.

But neither England nor the United States should push this closed sea argument too hard or too far. England once claimed to own the entire ocean surrounding the British Isles, and in 1806 the United States thought it ought to be conceded a right to exclude belligerents from the Atlantic Ocean between the Gulf Stream and the mainland. To abandon extreme positions and come down to the contentions of to-day, England, which denies to Russia the right to define its possessions by imaginary lines drawn from island to island, assumes to itself the right to exclude Americans from the open ocean included by an imaginary line from headland to headland. Who seeks equity must do equity. The English must not both keep their codfish and grab our seals. On the other hand, by the strictest technical argument it might be that we could both keep what Russia sold us and get what England unjustly denies us. Secretary Bayard has given abundant intimation of his opinion that a plenary Council would limit the rights which the Czar assumed to convey to us. It is given out that the proper thing would be to arrange upon rules for all to observe regarding seal-fishing. Perhaps so. But that leaves the dispute of right and title untouched, and who can say in what form it may return to plague us? Moreover, while Americans are doubtless prepared to yield what others justly claim, still, there should be no surrender before challenge.

No. 56.

The Marquis of Salisbury to Sir L. West.

Foreign Office, September 15, 1887.

Sir, IT appears from the transcript of the record of the judicial proceedings in the cases of the schooners "Carolina," "Onward," and "Thornton," forwarded in your despatch of the 12th July last, that in each case notice was given of appeal from the finding of the District Court.

I have to request that you will ascertain whether the owners of the vessels have taken steps to prosecute the appeal, and if so, when such appeal may be expected to come on for hearing.

I am, &c.

Sir,

Colonial Office to Foreign Office.-(Received September 16.)

Downing Street, September 15, 1887. WITH reference to previous correspondence, I am directed by the Secretary of State for the Colonies to transmit to you, to be laid before the Marquis of Salisbury, copies of two despatches from the Governor-General of Canada, forwarding papers respecting the recent seizure of British sealing-vessels by a United States' Revenue cutter in Behring's Sea.

Sir,

Inclosure 1 in No. 57.

The Marquis of Lansdowne to Sir H. Holland.

New Derreen, New Richmond, P.Q., August 19, 1887.

I HAVE the honour to inclose herewith, for your information, copies of a Report which has been received by my Minister of Marine and Fisheries from the Collector of Customs at Victoria, British Columbia, in regard to the seizure of the sealers "Grace," "Dolphin," and "W. P. Sayward" by the United States' Revenue cutter "Richard Rush."

2. I beg to call your especial attention to the deposition inclosed in Mr. Hamley's Report of Captain Laing, of the "W. P. Sayward." You will observe that Captain Laing states positively that the seals of which the skins were found on board his vessel were not taken in the Behring's Sea.

3. It is scarcely necessary to dwell upon the grievous hardship occasioned by these seizures, for which, as far as I am aware, no justification has yet been forthcoming, not only to the owners and to the officers and crews, but to the Indian hunters on board who were, it appears, left to find their way home as they could from Sitka to their own villages, distant about 700 miles from that place.

I have, &c.

(Signed)

LANSDOWNE

Inclosure 2 in No. 57.

The Marquis of Lansdowne to Sir H. Holland.

Sir, The Citadel, Quebec, August 27, 1887. WITH reference to my despatch of the 19th instant, in regard to the seizure of the sealers "Grace," "Dolphin," and "W. P. Sayward" by the United States' Revenue cutter "Richard Rush," I have the honour to forward herewith copy of an approved Minute of the Privy Council of Canada, to which are appended copies of the following documents :

1. A letter from H. Hamley, Collector of Customs at Victoria, British Columbia, të the Minister of Marine and Fisheries.

2. The affidavit of Andrew Laing, mate of the seized schooner "Sayward," sworn to at Victoria on the 8th August, 1887.

3. The information filed in the District Court of the United States for the District of Alaska against the master and mate of the "Sayward."

It is requested that these papers, copies of which were inclosed in my abovementioned despatch, may be transmitted to the Foreign Office, in order that a remonstrance may be addressed to the United States' Government against the unwarrantable action of the Commander of the "Rush," and a claim made for all damages arising from the seizure of the "Sayward," and the detention of her officers and crew.

Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on August 23, 1887.

ON a Report, dated the 17th August, 1887, from the Minister of Marine and Fisheries, submitting, with reference to the seizure by the United States' steamer "Richard Rush" on the 9th July last, in the Behring's Sea, of the British schooner “W. P. Sayward," of Victoria, the following papers :—

1. A letter from W. Hamley, Collector of Customs at Victoria, British Columbia, to the Minister of Marine and Fisheries;

2. The affidavit of Andrew Laing, mate of the seized schooner, sworn to at Victoria on the 8th August, 1887; and

3. The information filed in the District Court of the United States for the District of Alaska against the master and mate of the " Sayward;"

The Minister observes that, upon reference to the affidavit of the mate of the schooner

"Sayward," it appears that all the seals on board the vessel were taken in the Pacific Ocean, and before the vessel entered the Behring's Sea, so that even the alleged claim on the part of the United States' Government to jurisdiction in the Behring's Sea is not available in the case now complained of; and would also call attention to the reply of the Commander of the United States' steamer "Richard Rush," in which he states his orders were "to take everything he came across in the Behring's Sea."

The Committee recommend that your Excellency be moved to forward copies of the annexed papers to the Right Honourable the Principal Secretary of State for the Colonies, for transmission to the Foreign Office, in order that a remonstrance may be made to the United States' Government for so unwarrantable an act as that committed by the Commander of the "Richard Rush," and a claim made for all damages arising out of the seizure of the schooner "W. P. Sayward" in the open sea, and the detention of her officers and crew, and also that copies of the papers be sent to Her Majesty's Minister at Washington.

All which is respectfully submitted for your Excellency's approval.
JOHN J. MCGEE, Clerk,

(Signed)

Inclosure 4 in No. 57.

Mr. Hamley to the Hon. G. E. Foster.

Privy Council.

Sir,

Custom-House, Victoria, August 9, 1887. ON the 5th instant I sent you word by telegram that three more Canadian vessels had been seized in Behring's Sea, and sent to Sitka, "Grace," "Dolphin," and "W. P. Sayward." This news reached us by the steamer " Olympian," and, the day following, the mate of the "W. P. Sayward," one of the seized vessels, came down on the steamer "Idaho." I had him here at the custom-house, and his statement in some particulars was so important that I thought it desirable that it should be taken down before a notary public, and the deposition forwarded to you. I inclose it herewith. The seizure was made on the 9th July by the master of the Revenue cutter "Rush" in Behring's Sea, from 30 to 40 miles from any land; the mate denies that any seal was killed in Behring's Sea; the skins, 479 in number, all taken, he says, in the Pacific, were lodged in the Alaska Company's warehouse at Ounalaska, and the vessel herself sent to Sitka. There is no doubt now, from the declaration of the master of the United States' Revenue cutter made openly on the deck of the "W. P. Sayward," that, in seizing this and other Canadian vessels, he was acting under direct instructions from the United States' Government.

I forward also the information laid in the District Court at Sitka by the United States' Attorney Ball against the master and mate of the "W. P. Sayward." The indictments against the masters and mates of the other vessels are in the same form and terms-the complaint being that they had killed fur-seals in Behring's Sea, contrary to the Statutes of the United States, and against the peace and dignity of the United States of America. The case is to be heard in the District Court at Sitka on the 22nd of this month. The mate of the "W. P. Sayward "W. P. Sayward" was allowed out on bail in 500 dollars, and returned last night for the trial.

Sir,

Inclosure 6 in No. 57.

In the District Court of the United States for the District of Alaska.

The United States v. George R. Ferry and A. Laing.—Information.

[See Inclosure 2 in No. 52.]

No. 58.

Colonial Office to Foreign Office.-(Received September 26.)

Downing Street, September 24, 1887. WITH reference to recent correspondence, I am directed by Secretary Sir Henry Holland to transmit to you, for such action upon it as the Marquis of Salisbury may think proper to take, a telegram received this day from the Governor-General of Canada, relating to the question of the release of the British Columbian sealing-vessels seized by the United States' authorities in Behring's Sea.

This telegram appears to relate to the vessels seized last year.

I am to request to be informed of any communication which may be made to the United States' Government in order that a reply may be sent to the Governor-General.

(Telegraphic.)

I am, &c.

(Signed) JOHN BRAMSTON.

Inclosure in No. 58.

The Marquis of Lansdowne to Colonial Office.

September 23, 1887. I UNDERSTAND that, after Mr. Bayard's announcement of the 3rd February respecting Behring's Sea seizures, instructions were sent in accordance with it to the Alaska authorities by telegraph; that an instrument for the release of the vessels was thereupon issued by the District Judge, but that subsequently, on the assumption that the telegram was forged, he rescinded the order; that no steps have been taken by the Department since; the vessels are still detained.

Sir,

My Government trusts the facts will be inquired into.

*

No. 59.

The Marquis of Salisbury to Sir L. West.—(Substance telegraphed.)

Foreign Office, September 27, 1887.

I TRANSMIT to you, for your information, a copy of a letter from the Colonial Office, inclosing a telegram from the Governor-General of Canada, from which it appears that the British schooners "Carolina," "Onward," and "Thornton," referred to in your despatch of the 4th February last, have not yet been released.

In his note of the 3rd February, inclosed in your above-mentioned despatch, Mr. Bayard stated that "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."

Her Majesty's Government regret to learn that delay has taken place in the release of the three vessels, and I have to instruct you to inquire the reason why the directions of the President, as above quoted, have not been carried out.

I am, &c.

Sir,

No. 60.

The Marquis of Salisbury to Sir L. West.

Foreign Office, September 27, 1897.

I TRANSMIT to you herewith copies of two despatches addressed to Her Majesty's Secretary of State for the Colonies by the Governor-General of Canada,* forwarding papers relative to the seizure in Behring's Sea by the United States' Revenue cutter "Richard Rush" of three British Colombian vessels, the "Grace," the "Dolphin," and the "W. P. Sayward."

I have to request that you will make a representation to the United States' Government on the subject of the seizure and detention of these vessels in connection with the representations which I instructed you to make in the cases of the "Onward," the "Carolina," and the "Thornton," and that you will reserve all rights to compensation on behalf of the owners and crews.

You should point out to Mr. Bayard that in the case of the "W. P. Sayward," according to the deposition of her mate no seals had been taken by her crew in Behring's Sea as is alleged in the libel of information filed on behalf of the United States' District Attorney in the District Court of Alaska.

I am, &c.

Memorandum communicated by Baron Plessen, October 5, 1887.

THE Imperial Government would like to know what are the views of Her Britannic Majesty's Government with regard to the American proposal for an International Convention for the protection of seals in the Behring's Sea.

(Extract.)

No. 62.

Sir L. West to the Marquis of Salisbury.—(Received October 6.)

Washington, September 23, 1887. I HAVE the honour to acknowledge the receipt of your Lordship's despatch of the 10th instant, and to inform your Lordship that I communicated it this day to the Secretary of State, and, at his request, left a copy of it in his hands.

No. 63.

Sir,

Admiralty to Foreign Office.-(Received October 6.)

Admiralty, October 4, 1887.

I AM commanded by the Lords Commissioners of the Admiralty to transmit, for the information of the Secretary of State for Foreign Affairs, copy of a letter from the Commander-in-chief on the Pacific Station, dated the 14th September, inclosing a list of the schooners that have been sealing, extracted from the "Victoria Colonist" newspaper, dated the 13th September.

A similar letter has been sent to the Colonial Office.

I am, &c.

Sir,

Rear-Admiral Culme-Seymour to Admiralty.

"Triumph," at Esquimalt, September 14, 1887.

THE sealing season being now over, I have the honour to inclose a list of the schooners that have been sealing, cut from the "Victoria Colonist" of yesterday's date. It is not yet known whether the five vessels "to arrive" have been seized or not, but they are overdue here.

Inclosures in No. 57.