Section 3 of the Act entitled "An Act to provide for the Protection of the Salmon Fisheries of Alaska," approved 2nd March, 1889, provides that: "Section 3. That section 1956 of the Revised Statutes of the United States is hereby declared to include and apply to all the dominions of the United States in the waters of Behring's Sea; and it shall be the duty of the President, at a timely season in each year, to issue his Proclamation and cause the same to be published for one month at least in one newspaper (if any such there be) published at each United States' port of entry on the Pacific coast, warning all persons against entering the waters for the purpose of violating the provisions of said section; and he shall also cause one or more vessels of the United States to diligently cruize the said waters and arrest all persons and seize all vessels found to be, or to have been, engaged in any violation of the laws of the United States therein." Now, therefore, I, Benjamin Harrison, President of the United States, pursuant to the aboverecited Statutes, hereby warn all persons against entering the waters of Behring's Sea within the dominion of the United States for the purpose of violating the provisions of said section 1956 Revised Statutes; and I hereby proclaim that all persons found to be, or to have been, engaged in any violation of the laws of the United States in said waters will be arrested and punished as above provided, and that all vessels so employed, their tackle, apparel, furniture, and cargoes, willbe seized and forfeited. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this 21st day of March, 1889, and of the Independence of the United States the 113th. By the President, (Signed) BENJAMIN HARRISON. (Signed) JAMES G. BLAINE, Appendix (F). Extract from Report of Committee on Marine and Fisheries, p. 12. IT having been claimed by the Canadian authorities in their brief relating to the seizure of Canadian vessels in Behring's Sea by our Revenue cutters, that ex-Secretary Boutwell had decided that the United States had no jurisdiction over Behring's Sea outside of the 3-mile limit, the attention of Mr. Boutwell was called to the matter by Honourable W. W. Eaton, late Chairman of the Foreign Affairs Committee, United States' Senate, to which Mr. Boutwell made the following reply: "Sir, Washington, January 18, 1888. Since the receipt of your letter of the 16th instant, I have examined with care the letter addressed to me as Secretary of the Treasury by T. G. Phelps, Esq., then Collector of Customs at the Port of San Francisco, dated the 25th March, 1872, and also my official reply thereto, dated the 19th April, 1872, in relation to the purpose of certain parties to capture fur-seals on their annual migration to the Islands of St. Paul and St. George, through the Onimak Pass, and through the neighbouring approaches to the islands. Upon the examination of the correspondence, my recollection is in a degree refreshed, and my knowledge of the circumstances revived. "The fourth sentence of Mr. Phelps' letter appears to proceed upon the idea that it was the purpose of the hunters, as their purpose was then understood by him, to take the seals upon the Pacific Ocean side of the Aleutian range of islands, and near the passes mentioned, and through which the animals were destined to move, and such was the view taken by me on which my reply was based. "Nor can I now see that there is ground for any other reasonable construction of the correspondence. "Mr. Phelps appears to have apprehended a diversion of seals from the Onimak Pass and the narrow straits near that pass, and his suggestion of a remedy was limited to the same field. Therefore, neither upon my recollection of facts as they were understood by me in 1872, nor upon the present reading of the correspondence, do I admit the claim of Great Britain that my letter is an admission of any right adverse to the claims of the United States in the waters known as Behring's Sea. My letter had reference solely to the waters of the l'acific Ocean, south of the Aleutian Islands. "Hon. W. W. Eaton, Washington, D.C." "Very respectfully, (Signed) "GEORGE S. BOUTWELL Appendix (G). Extract from "Papers relating to Behring's Sea Fisheries," Washington Government Printing Office, 1887 PART V. THE following correspondence shows the position assumed in 1872 by the Treasury Departinent in relation to the extent of jurisdiction of the United States in Alaskan waters : " 'Sir, "Mr. Phelps to Mr. Boutwell. "Customs House, San Francisco, Collector's Office, "March 25, 1872. "I deem it proper to call the attention of the Department to certain rumours which appear to be well authenticated, the substance of which appears in the printed slip taken from the Daily Chronicle of this date, herewith inclosed. "In addition to the several schemes mentioned in this paper, information has come to this Office of another which is being organized at the Hawaiian Islands for the same purpose. It is well known that, during the month of May and the early part of June in each year, the fur-seal, in their migration from the southward to St. Paul and St. George Islands, uniformly move through Onimak Pass in large numbers, and also through the narrow straits near that pass which separate several small islands from Aleutian group. "The object of these several expeditions is unquestionably to intercept the fur-seals at these narrow passages during the period above mentioned, and there, by means of small boats manned by skilful Indians or Aleutian hunters, make indiscriminate slaughter of those animals in the water, after the manner of hunting sea-otters. "The evil to be apprehended from such proceedings is not so much in respect of the loss resulting from the destruction of the seals at those places (although the killing of each female is in effect the destruction of two seals), but the danger lies in diverting these animals from their accustomed course to the Islands of St. Paul and St. George, their only haunts in the United States. "It is believed by those who have made the peculiar nature and habits of these animals a study that if they are by any means seriously diverted from the line upon which they have been accustomed to move northward in their passage to these islands, there is great danger of their seeking other haunts, and should this occur the natural selection would be Komandorsky Islands, which lie just opposite the Pribolov group, near the coast of Kamschatka, owned by Russia, and are now the haunts of fur-seals. "That the successful prosecution of the above-mentioned schemes would have the effect to drive. the seals from their accustomed course there can be no doubt. Considering, therefore, alone the danger which is here threatened to the interest of the Government in the seal fisheries, and the large annual revenue derived from the same, I have the honour to suggest, for the consideration of the Honourable Secretary of the Treasury the question whether the Act of the 1st July, 1870, relating to those fisheries, does not authorize his interference by means of Revenue cutters to prevent foreigners and others from doing such an irreparable mischief to this valuable interest. Should the Honourable Secretary deem it expedient to send a cutter into these waters, I would respectfully suggest that a steam-cutter would be able to render the most efficient service, and that it should be in the region of Onimak Pass and St. Paul and St. George Islands by the 15th of next May. "I am, very respectfully, (Signed) "T. G. PHELPS, Collector." Extract from San Francisco" Daily Chronicle," March 21 1872. "It is stated in reliable commercial circles that parties in Australia are preparing to fit out an expedition for the capture of fur-seals in Behring's Sea. The present high prices of fur-seal furs in London and the European markets has acted powerfully in stimulating enterprises of a like character. But a few days ago we mentioned that a Victorian Company was organized for catching fur-seals in the North Pacific. Another party-an agent representing some Eastern capitalists-has been in this city for the past week making inquiries as to the feasibility of organizing an expedition for like purposes.' "Sir, Treasury Department, Washington, D. C., April 19, 1872. "Your letter of the 25th ultimo was duly received, calling the attention of the Department to certain rumours circulating in San Francisco to the effect that expeditions are to start from Australia and the Hawaiian Islands to take fur-seals on their annual migration to the Islands of St. Paul and St. George through the narrow pass of Onimak. You recommend-to cut off the possibility of evil resulting to the interests of the United States from these expeditions-that a Revenue cutter be sent to the region of Onimak Pass by the 15th May next. "A very full conversation was had with Captain Bryant upon this subject while he was at the Department, and he conceived it to be entirely impracticable to make such an expedition a paying one, inasmuch as the seals go singly or in pairs, and not in droves, and cover a large region of water in their homeward travel to these islands, and he did not seem to fear that the seals would be driven from their accustomed resorts, even were such attempts made. "In addition, I do not see that the United States would have the jurisdiction or power to drive off parties going up there for that purpose, unless they made such attempt within a marine league of the shore. "As at present advised, I do not think it expedient to carry out your suggestions, but I will thank you to communicate to the Department any further facts or information you may be able to gather upon the subject. "I am, very respectfully, "GRORGE S. BOUTWELL, Secretary." No. 202. Sir, Colonial Office to Foreign Office.-(Received August 3.) Downing Street, August 3, 1889. I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, an extract of a letter from the High Commissioner for Canada respecting the alleged seizure of the "Black Diamond" in Behring's Sea. Lord Knutsford feels assured that the subject will receive the careful and early consideration of Lord Salisbury. Inclosure in No. 202. I am, &c. (Extract.) The High Commissioner for Canada to Lord Knutsford. 9, Victoria Chambers, Westminster, August 2, 1889. REFERRING to the interview with which I was favoured by Lord Salisbury, yourself, and Sir Julian Pauncefote yesterday, I beg to inclose cuttings from the London "New York Herald," and "Daily News "+ of to-day, which seem to leave no doubt that the seizure of the British schooner the "Black Diamond" took place in the open waters of Behring's Sea, and is therefore in direct violation of the engagement made by the United States that no more seizures of British vessels should take place pending a settlement of the present controversy. Sir, No. 203. Foreign Office to Colonial Office. Foreign Office, August 5, 1889. I HAVE laid before the Marquis of Salisbury your letter of the 3rd instant, with its inclosures, addressed to Her Majesty's Principal Secretary of State for the Colonies by the High Commissioner for Canada, calling attention to the reported seizure in Behring's Sea of the British schooner "Black Diamond" by the United States' Revenue-cutter "Rush." It appears from the newspaper cuttings forwarded by Sir C. Tupper, that despatches from British Colombia, giving details of the case, have arrived at Ottawa, and Lord Salisbury thinks that it would be desirable to obtain by cable some official statement of the case from the Canadian Government before telegraphing to Her Majesty's Representative at Washington. I am to point out that everything seems to depend in this case on the precise position of the "Black Diamond" at the time of seizure. Lord Salisbury would also be glad to be furnished with the details of the case of the "Triumph," to which allusion is made in the newspapers, but of which no information has reached the Foreign Office. The original inclosures accompanying your letter are returned herewith. No. 204. I am, &c. Sir, Colonial Office to Foreign Office.-(Received August 9.) Downing Street, August 8, 1889. WITH reference to your letter of the 5th instant respecting the seizure of the "Black Diamond" in the Behring's Sea, I am directed by Lord Knutsford to transmit to you, for the information of the Marquis of Salisbury, a copy of a telegram which was addressed to the Governor-General of Canada on the receipt of your letter, together with a copy of one received this day from Lord Stanley of Preston in reply. I am, &c. (Signed) JOHN BRAMSTON. Inclosure 1 in No. 204. Lord Knutsford to Lord Stanley of Preston. (Telegraphic.) Downing Street, August 6, 1889. SEIZURE of " Black Diamond" and "Triumph." Telegraph at once full information, specifying precise point where seized, and all the facts connected with these cases. August 2 † August 2, and "Standard" of same date. Not printed (Telegraphic.) Inclosure 2 in No. 204. Lord Stanley of Preston to Lord Knutsford. August 7, 1889. CASES of "Black Diamond" and "Triumph." Newspaper reports appear substantially correct. According to private telegram from Victoria, seizure of "Black Diamond" 70 miles from land. I have not yet received from Ottawa official Report asked for by telegram. Sir, No. 205. Colonial Office to Foreign Office.-(Received August 9.) Downing Street, August 9, 1889. WITH reference to your letter of the 18th April last, requesting to be supplied with information as to the extent to which vessels belonging to British Columbia were engaged in seal-hunting in Behring's Sea prior to 1886, 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, with its inclosures, upon the subject. Lord Salisbury will observe that the last sub-inclosure to this despatch tends to show that the shooting of seals in the open sea is not the wanton and wasteful destruction of seal life which it is alleged to be by the authorities of the United States. I am to request that the inclosures to the Governor-General's despatch, which are forwarded in original, may be returned to this Department when they have been printed at the Foreign Office. I am, &c. (Signed) EDWARD WINGFIELD. My Lord, Inclosure 1 in No. 205. Lord Stanley of Preston to Lord Knutsford. New Richmond, P.Q., July 20, 1889. WITH reference to your Lordship's despatch of the 27th April last, transmitting a copy of a letter from the Foreign Office requesting to be supplied with information as to the extent to which vessels belonging to British Columbia were engaged in seal-hunting in Behring's Sea prior to 1886, I have the honour to forward herewith a copy of an approved Minute of the Privy Council concurring in a Report of my Minister of Marine and Fisheries on the subject. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, June 29, 1889. THE Committee of the Privy Council have had under consideration a despatch dated the 27th April, 1889, from the Right Honourable the Secretary of State for the Colonies, requesting information as to the extent to which vessels belonging to British Columbia were engaged in seal-hunting in Behring's Sea prior to 1886. The Minister of Marine and Fisheries to whom the despatch was referred states that until the return of the sealing fleet, which some time since cleared from British Columbia upon its annual sealing voyage, he is unable to furnish complete information upon the early history of the seal industry in the North Pacific Ocean and Behring's Sea, so far as it relates to vessels belonging to British Columbia. The Minister desires, however, to call attention to the Customs records at Victoria, British Columbia, from which it appears that the schooner "Kate," 58 tons, Dutch Harry, master, H. Ogilvie, navigator, went to Behring's Sea in 1865 and again in 1866 upon a sealing voyage. The Minister observes that it is to be remembered that the sealing industry was carried on by British Columbian vessels, in the waters of British Columbia on the north and north-western coast, as well as in the North Pacific Ocean and Behring's Sea, the seals at certain times of the year spreading over these waters and being captured in great numbers at different points. In 1880 the fur-seal trade of the British Columbia Coast was of great importance. Previously, and even then, it was difficult to obtain absolutely correct Returns regarding it, but it was estimated that 20,000 skins were obtained in the immediate neighbourhood of Vancouver Island alone during that season. There were engaged in this fishery in that year the following British Columbia vessels, sailors, and hunters: It will be observed that of these vessels a number were, in 1886 and 1887, seized by the United States' Government in Behring's Sea, and form the subject of the claims now being pressed. In the season of 1881 between 13,000 and 14,000 skins, worth from 150,000 dollars to 180,000 dollars, were obtained by the following British vessels :- In the next season the catch was valued at 177,000 dollars and the following vessels were engaged in this pursuit : |
