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Correspondence relative to the seizure of British American vessels in Behrings Sea by the United States… Canada 1888

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Array   RETURN of the House of Commons, dated the 9th April, 18 88:—For
if all papers, correspondence, Orders in Council, and Depart-
• Orders, not already brought down with reference to :—
The refusal of the United States authorities to allow Canadian wrecking vessels and machinery to assist Canadian vessels while
i    distress in United States waters.
2. The refusal of the Canadian authorities to allow United States
Tecking vessels and machinery to assist United States-vessels while
in distress in Canadian waters.
By Command.
ttawa, 18th April, 1888.
J. A. CHAPLBAU,
Secretary of State.
CONTENTS.
m
•r i? ^pondence relating to wrecked  vessels in  waters conterminous to Canada
and the United States,
elyar to Lord Lansdowne, No. 17, March 1, 1886.
insoowne to Lord Granville, No. 60, March 6,1886.
T5r L.  West to Lord Lansdowne, No. 47, April 24, 188b*.
Sir R. Herbert to do No. Ill, April 27, 1886,
if   $ -hope to do No. 222, Oct. 15, 1886.
.^sdowne to Sir H. Holland, No. 100, April 2, 18rf7.
st  to Lord  Lansdowne, No. 49, May 27, 1887.
rbert to do No. 142, June 11, 188^r.
olland to do No. 178, July 1, 1887.
est to do No. 19, March 28, 1888j
No. 17.
.H. A, Helyar (H.M. ChargS d'Affaires) to Lord Lansdowne.
"Washington, 1st March, 1886.
MtYord,—I have the honor to forward to Your Excellency herewith a copy of
note from the United States Government, and also of its enclosure calling atten-
>n to the question of wrecked vessels in the waters oonterminous to the United
(flea and Canada.
■Mr. Bayard suggests that the adoption of the measure of reciprocity proposed
Bfcgkit of Congress of 19th June, 1878, would remedy existing evils, and pro-
interests of good neighborhood and humanity, and adds that the President ,5% o4f
is desirous that the subject may be re-submitted to the consideration of Her Majesty s
Government with the hope that some understanding may be arrived at
The statement made by Sir E. Thornton in his note to Mr. Seward of 19th
August, 1878, was based on a report of the Canadian Privy Council, forwarded in
Lord Dufferin's despatch No. 58, of 15th August, 1878, in which it was stated that
the subject would receive consideration before the next Session of Parliament.
A subsequent Despatch of the Marquis of Lome, No. 75, of 22nd November, 1880,
which was communicated to the United States Government, bears directly on the
question, for in the Privy Council's report, therein inclosed, it is stated that the
Canadian Customs Department had always carried out " the principle of reciprocity
in facilitating aid to disabled vessels of whatever flag," &c, &o.
I have the honor to inform Your Excellency that I have forwarded a copy of
Mr. Bayard's note to Her Majesty's Government.
I have, &c,
H. A. HELYAR, H. M. Charg6 d'Affaires,
(In the absence of Sir L. S. S. West.)
His Excellency .the Marquis of Lansdowne, &c, &c, &o.
T. F. Bayard to Sir L. S. S. West.
Department of State, Washington, 26th February, 1886.
Sir,—On the 15th of July, 1878, Mr. F. W, Seward, Acting Secretary of State,
transmitted to Sir E. Thornton a copy of an Act of Congress, approved 19th June,
1878, entitled : | An Act to aid vessels wrecked or disabled in the waters conterminous to the United States and the Dominion of Canada."
Mr. Seward, in submitting said Act of Congress for the information of Her
Britannic Majesty's Government, called attention to the fact that it could not take
effect until the President should issue a proclamation declaring that reeiprocal privileges would be granted to American vessels in Canadian waters, and he therefore
requested that he might at as early a day as might be convenient, be placed in possession of the information necessary to enable this Government to carry the above
mentioned Act into effect in accordance with its provisions.
Sir E. Thornton, in reply to Mr. Seward's note, on the 19th of August,  1878,
stated that no provision had yet been made by the Government of the Dominion of
Canada for extending reciprocal privileges to American vessels, but that the subject'
would receive consideration.   Here, however, the matter appears to have rested, do
formal reply having ever been made to the proposal communicated to Her Britannic
Majesty's Government by Mr. Seward.   Meanwhile, experience has shown that theJ
want of the proposed reciprocal arrangement has been the source of much avoidable s
hardship to the interests of American commeroe on the great lakes, and that Ameri-3
can vessels and property have been subjected to great and unnecessary losses and
the lives of our mariners to needless dangers.
It is thought that the adoption of the measure of reciprocity proposed by the
Act of Congress of 19fch June, 1878, would remedy the evils in question as well as promote the interests of good neighborhood and humanity. The President, therefore, is
desirous that the subject may be re-submitted to the consideration of Her Britannio
Majesty's Government with the hope that some understanding may be arrived at for
the mutual benefit of the important interests ooncerned.
Enclosing for your use copies of the Act of Congress in question,
I have, &c.,
T. F. BAYARD.
The Hon. Sir L. S. West, K. C. M.G. [Public—No. 129.]
An Act to aid vessels wrecked or disabled in the waters conterminous to the United
States and the Dominion of Canada.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, that Canadian vessels of all descriptions may
render aid or assistance to Canadian or other vessels wrecked or disabled in the
waters of the United States contiguous to the Dominion of Canada: Provided, that
this Act shall not take effect until proclamation by the President declaring that the
privilege of aiding American or other vessels wrecked or disabled in Canadian waters
contiguous to the United States has been extended by the Government of the Dominion of Canada and declaring this Act to be in force: And provided further, that this
Act shall cease to be in force from and after the date of proclamation by the President to the effect that said reciprocal privilege has been withdrawn or revoked by
the said Government of the Dominion of Canada.
Approved 19th June, 1878.
No. 60.
Lord Lansdowne to Earl Granville.
Ottawa, 6th March, 1886.
My Lord,—I have the honor to forward herewith, for Your Lordship's information, a copy of a despatch which I have received from Her Majesty's Charge d'Affaires at Washington, enclosing a copy of a note from the United States Government,
dated 26th February, in which the Secretary of State draws attention to the Act of
Congress of 19th June, 1878, which proposes a measure of reciprocity between the
United States and Canada, having for its object the aiding of vessels wrecked or disabled in the waters conterminous to both countries. This Act of Congress has already been under the consideration of the Dominion Government without, however,
any definite action having been taken with a view to an understanding with the
United States authorities on the subject, and Mr. Bayard now states that the President " is desirous that the subject may be re-submitted to the consideration of Her
Britannic Majesty's Government with the hope that some understanding may be
arrived at for the mutual benefit of the important interests concerned."
2. I have caused a copy of Mr. Helyar's despatch and of its enclosures to be communicated to my Government for consideration.
I have, &c,
LANSDOWNE.
Earl Granville.
No. 47.
Sir L. S. West to Lord Lansdowne.
Washington, 24th April, 1886.
My Lord,—With reference to Mr. Helyar's despatch, No. 17 of the 1st of March,
I have the honor to enclose to Your E ccellency herewith copy of a note which I
have received from the Secretary of State expressing the hope that an early and
favorable agreement may be reached in regard to aid to vessels = wrecked or disabled
in the waters conterminous to the United States and the Dominion of Canada.
I have, &o.,
L. S. SACKTiLLEiWEST.
His Excellency the Marquis of Liusdowae, G.C.M.G., &o., &o., &e.
65-1 i r
T. F. Bayard to Sir L. S. West.
Department op State, Washington, 22nd April, 1886,
gia _With reference to my note to you of the 26th at February^ last on the
subject of aid to vessels wrecked or disabled in the waters conterminous to the
United States and the Dominion of Canada, and to your reply of the 1st ultimo, stating that you had submitted the matter to the Dominion Government for its consideration I have the honor to state that the representatives of the American shipping
interests on the great lakes, have just made urgent representations to this Depart?
ment as to the necessity of arriving at an understanding in relation to the matter as
soon as possible, in view of the fact that the season for navigation is again opening.|
Hoping that it may be found practicable to reach an early and favorable agree-f
ment in regard to this important subject,
I have, &c,
T. F. BAYARD.
The Hon. Sir L. S. West, K.C.M.G., &c, &c. &c.
No. 111.
Robert G. W. Herbert to Lord Lansdowne.
Downing Street, 27th April, 1886.
My Lord,—I have the honor to acknowledge the receipt of your despatch, No.-
60, of the 6th ulto., respecting wrecked vessels in the waterB conterminous to the
United States and the Dominion of Canada.
I shall be glad to receive an early expression of the views of your Government
on the subject.
I have, &c,
ROBERT G. W. HERBERT,
for Earl Granville.
Governor General, the Most Honorable the Marquis of Lansdowne, G.C.M.G., &c
No. 222.
Edward Stanhope to the Officer Administering the Government of Canada.
Downing Street, 15th October, 1886.
My Lord,—I have the honor to transmit to you a copy of a letter and of its-
enclosure from the Foreign Office on the subject of extending to American tugs in
Canadian waters the privileges now enjoyed by Canadian tugs in United States waters.
I should be glad to be favored with the views of your Government upon this
point at their early convenience.
I have, &c,
EDWARD STANHOPE.
The Officer Administering the Government of Canada;
The Foreign Office to the Colonial Office.
Foreign Oepioe, 12th October, 1886.
Sir,—I am directed by the Earl of Iddesleigh to transmit to you, to be laid
before the Secretary of State for the Colonies, copy of a note addressed to Her
Majesty's Minister at Washington by the United States Government, enquiring I whether or not Her Majesty's Government are willing to extend reciprocally to
i American tugs in Canadian waters the privileges which Canadian tugs now enjoy in
the waters of the United States; and I am to request that you will move Mr. Secretary Stanhope to cause His Lordship to be informed what answer should be returned
I to this enquiry.
I am, &c,
JAMES FERGUSON.
I The Under Secretary of State, Colonial Office.
Mr. Bayard to Sir L. West.
Department op State, Washington, 24th September, 1886.
Sib,—I have the honor to state for the information of Her Britannic Majesty's
Government, that, under a decision by the Treasury Department of the 17th of July,
1883, a Canadian tug which towed into the port of Oswego four Canadian barges, was
allowed to detach one barge from the rest and, after the barge was laden with coal, to
tow it to any point within the harbor. The Collector of Customs at Oswego was
then informed by the Secretary of the Treasury, | that the penalty of 50 cents
per ton of the towed vessels attached to tugs not of the United- States, by section
4370 of the Revised Statutes, for plying within our waters, affects such tugs only for
towing documented vessels of the United States; and that if a foreign tug drops a.
tow ot foreign vessels and resumes the same in our waters, the penalty in question
does not affect her."
The Treasury Department is informed that a different practice exists in Canada,
as to the towing of vessels by American tugs whereby the latter are placed at a disadvantage as compared with Canadian tugs.
In a letter dated the 28th of July, 1886, the Assistant Commissioner of Customs
at Ottawa, wrote to Messrs. J. K. Post & Co., of Oswego, New York, as follows, in reply to a statement by them that Canadian tugs were allowed to tow Canadian barges
from Kingston to Oswego, Fairhaven, Sodus and Charlotte, viz.:
$ We are not aware that the American Government allow any such towing on
the part of Canadian tugs as stated in your letter, it never having been brought to
the attention of this Department that such was permitted. If such is the case we
would be very glad to have some official notice of the same."
Messrs. J. K. Post &Co., are extensive owners of steam tugs in the United States
and desired permission for one of their tugs to proceed to Canadian waters towing
five American canal barges, two of which were to be dropped at Belleville in Canada,
two at Kingston and one at Picton. Permission was refused by the Canadian Customs authorities.
The foregoing circumstance makes it proper for me to officially bring to the notice of Her Britannic Majesty's Government the fact that American Collectors of
Customs are accustomed to grant to foreign tugs when towing foreign vessels in our
waters the privilege of going to and from the different ports in this country and
from one point to another in the harbors, provided the tugs originally towed said
vessels into United States waters.
It is alleged that under the rulings of the Canadian authorities an American teg
must cross the lakes several times to accomplish in Canadian waters what a Canadian
tug can do in our waters in a single trip.
A case in point has been reported to the Treasury Department by Joseph
Bichards, master of the steam tug, " Wm. Rector," who states that in June last he
requested permission of the collector of the port of Toronto to remove a vessel of his
tow from one dock to another to complete her cargo, buo was refused the privilege*.
In bringing this subject urgently to your attention, I beg to request you to do
me the favor to inform me as soon as practicable as to whether or not Her Britannic r
Majesty's Government is willing to extend, reciprocally, to American tugs in Cans*
dian waters the privileges which  Canadian tugs  now  enjoy in the waters of the
United States.
I have, &c,
The Hon. Sir L. S. S. West, K.C.M.G., &c.
T. F. BAYARD,
No. 100.
Lord Lansdowne to Sir H. Holland.
Ottawa, 2nd April, 1887.
Sir,—With reference to your predecessor's despatch, No. 222, of the 15th October
last, transmitting copy of a letter and of its enclosure from the Foreign Office on the
subject of extending to American tugs in Canadian waters the privilegesnow enjoyed
by Canadian tugs in United States waters, I have the honor to forward to yon
herewith a certified copy of an approved Report of the Privy Council for Canada on
the subject.
I have, &c,
LANSDOWNE.
Sir H. Holland.
Certified Copy of a Beport of a Committee of the Honorable the Privy Council,
approved by His Excellency the Governor General in Council on the 31st of Marchh
1887.
The Committee of the Privy Council have had under consideration a despatch
<No. 222) dated 15th October, 1886, frcm the Right Honorable the Secretary of
State for the Colonies, transmitting a copy of a letter from the Foreign Office " on
the subject of extending to American tugs in Canadian waters the privileges now
enjoyed by Canadian tngs in United States waters," enclosing a despatch from the
Bon. T. F. Bayard, Secretary of State at Washington, of 24th September, 1886, in
which it is aeked " whether or not Her Britannic Majesty's Government is willing
to extend recipiocally to American tugs in Canadian waters, the privileges which
Canadian tugs now enjoy in the waters of the United States ? "
The sub-committee, to whom the question was referred, are unable to find airy
evidence that Canadian tugs in United States waters have any privileges which
have not been conceded to United States tugs in Canadian waters, as will be seen on
reference to departmental instiuctions and Orders in Council hereunto attached
except in the cage referred to by the Hon. Mr. Bayard in his despatch of the 24th
September, 1886, to Sir Lionel Sackville West, British Minister at Washington, in
which he states " that the penally of 50 cents per ton of the towed vessel attached
to tugs not of the United States, by section 4,3'iO of the Revised Statutes, for plying
within our waters, affects such tugs only for towing documented vessels of the
United States, and that if a foreign tug drops a tow of foreign vessels and resumes
the same in our waters, the penalty in question does not affect her."
The sub-committee state that the privilege covered by this decision has not, the
inspector of Customs of Canada after investigation reports, been extended to Canadian tugs when visiting American harbors in the upper lakes of the Dominion.
The sub-committee interpreting the order above quoted as extending to all harbors in the United States situated in Lakes Ontario, Erie, Huron, and Superior, and
©n the rivers connecting said lakes, recommend that the regulations governing tugging in Canada be amended so as to extend to American tugs when in Canadian
waters the same rights and privileges granted by the United States Government to
Canadian tugs when in American waters. The Committee concurring in the foregoing, recommend that Your Excellency
be moved to transmit a copy of this Minute, if approved, to the Eight Honorable the
Secretary of State for the Colonies.
All which is respectfully submitted for Your Excellency's approval.
JOHN J. MoGEE, Clerk Privy Council.
Government House, Ottawa,
Wednesday, 10th day of November, 1886.
Present:
His Excellency the Governor General in Council.
On the recommendation of the Minister of Customs and under the authority of
the 3rd sub-section of the 230th section of the Act of the Parliament of Canada, 46
Victoria, chapter 12, known and cited as " The Customs Act, 1883,"—
His Excellency in Council has been pleased to qrder and it is hereby ordered,
that all foreign vessels trading on the coast and entering the harbors of Canada from
sea or inland waters, shall be, and they are hereby governed by the following rules:
1. Foreign vessels may transport cargo and passengers from a foreign port and
land the same at two or more Canadian ports, clearing from each in succession until
all of said caigo and passengers are landed.
2. Foreign vessels may take cargo and passengers from two or more Canadian
ports and transport the same to a foreign port, clearing from each in succession, but
taking final clearance for such foreign port at the last Canadian port which they
enter on such voyage.
3. Foreign vessels shall not take freight or passengers at one Canadian port and
land the same at another Canadian port, and the master or owner of any vessel found
to have violated this rnle shall be subject to a penalty of $400 for each such offenGe,
- and the vessel may be detained until the same is paid.
4. Foreign vessels bringing cargo or passengers from a foreign port may, after
landing the same, be permitted to clear light to another Canadian port for the purpose of loading cargo for a foreign port, and may clear from port to port to complete-
such cargo, taking final clearance as above.
5. Foreign vessels may tow other vessels or things from a foreign port to  a
Canadian port, but if they drop or part from any suoh vessel or thing in Canadian .
waters, they shall not again take such vessel or thing in tow for the purpose of
moving the same further in Canadian waters.
6. Foreign vessels may tow other vessels or things from a Canadian port to a
foreign port, but having parted from such vessels or things, or any of them in Canadian waters, they cannot again take such vessels or things in tow to  move them
further in Canadian waters; but this and the preceding rule are not to apply to an
accidental parting of such vessel by breaking hawser or other temporary damages.
7. Foreign vessels shall be entitled to the foregoing privileges only on condition
of strict compliance with the provisions of the "Customs Act, 1883," respecting
reporting inwards and outwards on entering and leaving Canadian ports by the
masters of such vessels.
8. Where vessels bring cargo or passengers from a foreign port consigned to
more than one Canadian port, the masters of such vessels must make a full report of
the whole contents at the first port of entry and distinguish therein the items to be
there landed and the ports at which all other items are to be landed. Such report
must be made in duplicate, with an additional copy for each succeeding port at which
there are goods to be landed; and the Collector or proper officer of Customs shall
mark each item in such report with the entry number, if entered, and in case of any
item landed and placed in sufferance warehouse without entry, it shall be marked
with the letter " L " in said report; duplicate copies to be filed at said first port of entry, and the others to be carried with the vessel, and one to be filed at each succeeding port of entry.
9. As required by section 234 of the Act 46 Victoria, chapter 12, before cited,
the fee of 50 cents for each vessel not over 50 tons and j&l if over 50_ tons shall be
paid by each such vessel on reporting inwards, and the same on obtaining clearance
outwards, at each port she enters above the port of Montreal.
10. For any violation of the requirements of these regulations the master or
owner of any such vessel shallba subject to a fine of $400, or such other fine or
penalty provided by the Act 46 Yictoria, chapter 12, before cited, as may be applicable to the case, and the vessel may be detained until suoh fine or penalty is paid.
11. Vessels fitted for and engaged in the deep sea fisheries are not included in
these regulations.
JOHN J. MoGEE, Clerk Privy Council.
Circular No. 375.
Customs Department, Ottawa, 17th November, 1886.
Sir,—Referring to the regulations respecting the rights of foreign vessels in
Canadian waters, approved by Order in Council passed on the 10th inst., copies of
which are mailed herewith to your address, I have to remind you that they do not
establish any new rule or principle of action, but are intended to secure uniformity
in practice at all ports, and to prevent the frequent misunderstandings heretofore
arising on the questions involved. The regulations are in strict conformity with the
rulings of this Department for many past years, and will be found also to accord with
the customs and navigation laws.
I have further to inform you that these regulations do not invalidate, or alter in
any respect, the coasting regulations heretofore in force, as the latter are appropriate to Canadian and British or other vessels which have a right to the coasting trade
of Canada, and the former only apply to foreign vessels.
I would express the hope that you will carefully study so as to familiarize yourself with these regulations, and that you will intelligently enforce their provisions.
I am, sir, your obedient servant,
mu   „ „ J- JOHNSON.
The Collector of Customs, Port of	
No. 49.
Sir L. S. S. West to Lord Lansdowne.
Washington, 27th May, 18&I.
My Lord,—With reference to the report of a Committee of the Privy Council
of Canada, approved by Your Excellency on the 31st March last, copy of which was
transmitted to me by the Marquis or Salisbury for communication to the United States
Government, I have the honor to enclose to Your Excellency herewith copies'of a
Treasury circular which has been issued regulating towing by American and Canadian tugs.
I have, &o.,
L. S. SACKVILLE WEST.
His Excellency the Marquis of Lansdowne, G.C.M.G., &o. ■^
Circular.—Towing by American and Canadian Tugs.
Treasury Department, Bureau of Navigation,
Washington, D.C., 23rd May, 1887.
To Collectors of Customs on the Northern, North-eastern and Northwestern Frontiers
of the United States:
Reoent correspondence with the Canadian Government has resulted in an understanding that the Canadian regulations in regard to the towing of vessels in
Canadian waters and at Canadian ports by American tugs, shall be amended so as to
extend to American tugs when in Canadian waters, " the same rights and privileges as
are granted to Canadian tugs in American waters." Complaint is made by the
British Minister that the privileges covered by section 4370, Revised Statutes, have'
not been extended to Canadian tugs when visiting American harbors in the upper
lakes.    The law upon the subject is as follows:—
I All steam tug-boats not of the United States, found employed in towing
documented vessels of the United States plying from one port or place in the same
to another, shall be liable to a penalty of fifty cents per ton on the measurement of
every such vessel so towed by them respectively, which sum may be recovered by
way of libel or suit. This section shall not apply to any case where the towing, in
whole or in part, is within or upon foreign waters. Any foreign railroad company
©r corporation, whose road enters the United States by means of a ferry or tug-boat,,
may own such boat, and it shall be subject to no other or different restriotSens or
regulations in such employment than if owned by a citizen of the United States."
The attention of the Customs officers is invited to the provisions of the statute,,
and said officers are hereby instructed to allow Canadian tugs, when visiting
American harbors of the upper lakes, such privileges as are accorded to them by the
section.
C. B. MORTON, Commissioner.
Approved:
Hugh S. Thopmson, Acting Secretary.
No. 142.
Robert G. W. Herbert to the Officer Administering the Government of Canada.
Downing Street, 11th June,, 1887,
My Lord,—I am directed by the Secretary of State to transmit to yomfor communication to your Ministers with reference to his despatch No. 105, of the 4th of
May, the documents specified in the annexed schedule.
I have, &c,
ROBERT G. W. HERBERT.
The Officer Administering the Government of Canada.
Date;
2nd June, 1887.
Description of Document.
Foreign Office to Colonial Office.
Transmits despatch and its enclosures from Minister at Washington
respecting towing rights on Canadian lakes. 10
Foreign Office to thefiolonial Office.
Foreign Ofeicb, 2nd June, 1887.
Sib,—I am directed by the Secretary of State for Foreign Affairs to transmit to
you to be laid before Secretary Sir H. Holland with reference to your
!r£ la^68*'   letter of 28tn April the accompanying despatch and enclosures as marked
in the margin giving correspondence with the United States Government respecting towing rights on Canadian lakes.
I am, &c,
I. Y. LISTER.
The Under Secretary of State, Colonial Office.
Sir L. S. West to the Marquis of Salisbury.
Washington, 20th May, 1887.
Mt Lobd,—I have the honor to acknowledge the receipt of Your Lordship's
despatch No. 29 of this series of the 30th ultimo and to enolose to Your Lordship
herewith copy of a note which I addressed to the Secretary of State communicating
the substance of a report from the Privy Council of Canada on the subject of extending to United States tugs in Canadian waters the privileges now enjoyed by Canadian
tugs in United [States waters, as well as copy of the reply thereto expressing
satisfaction at the recommendation of Privy Council in this respect.
I have, &c,
L. Si SACKViLLE WEST.
The Marquis of Salisbury, K.G., &c.
Sir L. S. West to the Hon. T. F. Bayard.
Washington, 10th May, 1887.
Sib,—With reference to your note of the 24th of September last in whioh you
requested to be informed whether or not Her Britannic Majesty's Government is
■willing to extend reciprocally to American tugs in Canadian waters the privileges
which Canadian tugs now enjoy in the waters of the United States, I have the honor
to inform you that a Sub-Committee of the Privy Council of Canada to whom the
question was referred has reported as follows :
The Sub Committee are unable to find any evidence that Canadian tugs in United
States waters have any privileges which have not been conceded to United States
tugs in Canadian waters except in the case provided for under section 4370 of the
Revised Statutes of the United States. The Sub-Committee state however that the
privilege covered by this section has not been extended to Canadian tugs when
Tisiting American harbors in the upper lakes of the Dominion, but the Sub Committee interpreting the section above quoted as extending to all harbors in the United
States situated in Lakes Ontario, Erie, Huron and Superior, and in the rivers connecting faid lakes, recommend that the regulations governing tugging in Canada be
amended so as to extend to American tugs when in Canadian waters the same rights
and privileges granted by the United States Government to Canadian tugs when in
American waters.
I have, &c,
The Hon. T. F. Bayabd. L* WEST" 11
The Hon. T. F. Bayard to Sir L. West.
Department oe State, Washington, 18th May, 1887.
Sir,—I have the honor to acknowledge with cordial satisfaction the receipt of"
your note of the 10th instant, in which with reference io previous correspondence on
the subject you inform me that the regulations governing tugging in Canada are to
be amended so as to extend to American tugs when in Canadian waters the same-
rights and privileges granted by the American Government to Canadian tugs when
in American waters.
This Government trusts that the promised amendment of the Canadian regulations may be soon perfected, so that the commerce of the two countries on the lakes
may enjoy the mutual benefits of the arrangement fully during the present season.
. I have, &c,
T. F. BAYARD.
The Hon. Sir L. S. West, JLC.M.G.
No. 178.
Sir H. Holland to Lwd Lansdowne.
Downing Street, 1st July, 1887.
My Lord,—With reference to my despatch .No. 142 of the 11th ultimo, and to
previous correspondence, I have the honor to transmit to you, for the information
of your Government, a copy of a United States Treasury circular respecting towing
by American and Canadian tug boats, which has been received from Her Majesty's
Minister at Washington.
I have, &c,
H. T. HOLLAND.
Governor General, The Most Hon. the Marquis of Lansdowne, G.C.M.G.
No. 19.
Sir L. S. West to Lord Lansdowne.
Washington, 28th March, 1888.
My Lobd,—I have the honor to enclose to Your Lordship herewith copy of a-
despatch which 1 have addressed to the Marquis of Salisbury based on a private letter
from Mr. Bayard.
I have, &c,
L. S. SACKVILLE WEST.
His Excellency the Marquis of Lansdowne, G.C.M.G., &c.
Sir L. S. West to the Marquis of Salisbury.
Washington, 28th March, 1888.
My Lord,—I have the honor to inform your Lordship that I have received a
private letter from Mr. Bayard referring to correspondence relative to the establishment of a reciprocal arrangement for rendering aid to vessels wrecked in the waters
between the United States and Canada upon the terms proposed by the Act of Congress of the 19th of June, 1878, and informing me in view of the fact that a Bill is
now pending in the Canadian Parliament relative to this subject, that the President
is ready to issue the proclamation contemplated by the above mentioned Act as soon
as he shall be officially notified of the readiness of Her Majesty's Government to-
accept the reciprocal arrangement tendered by the Act in question.
I have forwarded copy of this despatch to the Marquis of Lansdowne.
I have, &c,
Marquis of Salisbury, E.G., &o. -k WEST.
1 12
CORRESPONDENCE
(65a)
^Relating to the seizure of British vessels in Bekring's Sea.
CONTENTS.
Lord Lansdowne to Sir H. Holland, Telegram, 31st March, 1887.
Sir H. Holland to Lord Lansdowne, 23rd April, 18&7.
do do do No. 115, 12th May, 1887.
Sir R. G. W. Herbert to Lord Lansdowne, 27th May, 1837.
Sir H. Holland to Lord Lansdowne, No. 206, 14th July, 1887.
do do do       ' No. 279, 15th August, 1887.
Lord Lansdowne to Sir H. Holland, No- 325, 19th August, 1887.
Sir H. Holland to Lord Lansdowne, 1st September, 1887.
do do do        No. 308, 1st September, 1887.
do do do lfcith September, 1887.
Sir L. West       do do No. 66,23 August, 1887.
Lord Lansdowne to Sir H. Holland, No. 338, 27th August, 1887.
Sir H. Holland to Lord Lansdowne, 14th September, 1887.
Lord Lansdowne to Sir H. Holland, Telegram, 23rd September, 1887.
do do do No. 372, 26lh September, 1887.
Sir H. Holland to Lord Lansdowne, 8th October, 1887.
•Sir L.   West       do do No. 81, 14th October, 1887.
Lord Lansdowne to Sir H. Holland, No. 408, 20th October, 1887.
do do do No. 409,20th October, 1887.
Sir H. Holland to Lord Lansdowne, No. 356, 20th October, 1887*
do do do 4th November, 1887.
do do do 16th November, 1887.
do do do No. 399, 24th November, 1887.
do do do 7th December, 1887.
Lord Lansdowne to Sir Henry Holland, 19th January, 1887.
Lord Lansdowne to Sir H. Holland.
31st March, 1887.
"Vessels now being fitted out for this year's trip to Behring's Sea.   Owner*
enquire whether, when not near land, they may depend upon  being unmolested by
United States cruisers.
Please reply by cable.
LANSDOWNE.
Sir H. T. Holland to Lord Lansdowne.
Downing Street, 23rd April, 1887.
My Lobd,—With reference  to previous  correspondence, I have the honor to
transmit to you for communication to your Ministers, copy of a letter from the 13
Foreign Office enclosing copies of two despatches from Her Majesty's Minister at
Washington on the subject of the Alaska fisheries question.
1 have, &c,
H. T. HOLLAND.
Governor General, the Most Honorable the Marquis of Lansdowne, G.C.M.G., &Cs
From Foreign Office to Colonial Office.
Foreign Oeeioe, 13th April, 1887.
Sir,—With reference to your letter of the 2nd instant, I am directed by the-
Bir L. S. West, No. 84   Secretary of State for Foreign Affiairs to transmit to you, to be
March, 29,188T. No. 88,'   laid before Secretary Sir Henry Holland, copies of two des-
April 2, 1887. patches, as marked in the margin, on the subject of the Alaska
fisheries question.
I am, &c,
J. PAUNCEFOTE.
The Under Secretary of State, Colonial Office.
Sir L. West to the Marquis of Salisbury.
Washington, 2nd April, 1887.
My Lord,—I have the honor to inform Your Lordship that the Commander of
the United States revenue cutter " Gallatin " has been cited to appear before the
Admiralty Court in the Boston District to answer to the allegation that in June last
while in command of the United States steamer " Corwin " be took by force from
the American schooner "Sierra" her arms and ammunition at a point in the open
sea thirty miles north of Ounalaska, while she was navigating the waters of the
North Pacific Ocean on a hunting and fishing expedition, thus breaking up her
voyage to the damage of the plaintiffs of $22,500.
I have instructed Her Majesty's Consul at Boston to watch this case and report
the decision of the court.
I have, &o.,
L. WEST.
The Marquis of Salisbury, K.G., &c.
Sir L. West to the Marquis of Salisbury.
Washington, 29th March, 1887.
My Lord,—I have the honor to report to Your Lordship that the United States
steamship " Thetis " has sailed from New York and will proceed round Cape Horn
and up the west coast to Alaska. It is reported that the Secretary of the Treasury
has received a letter from the Alaska Commercial Company complaining that private
parties are taking seals in the waters about Alaska, and asking for more revenue
cutters to be sent for their protection. The company further ask that the United
States Government should prohibit all killing of seals within the eastern half of
Behring's Sea, or from a point beginning at Behring's Straits and passing from the
north-west end of St. Lawrence Island in a south-westerly direction to the island of
Alton at the extreme westerly point of the Aleutian Archipelago.
I have, &c,
L. S. S. WEST.
The Marquis of Salisbury, K.G., &c.
No. 115.
Sir H. T. Holland to Lord Lansdowne.
Downing Street, 12th May, 1887.
My Lord—I have the honor to transmit to you, for communication to your
Ministers, with reference to previous correspondence, a copy of a letter from the 1
14
Foreign Office, enclosing a copy of a despatch from Her Majesty's Minister at Washington, respecting the seizure of British vessels engaged in seal  fishing m Behnnga
Sea last autumn.
1 have, &c.
H. T. HOLLAND.
'Governor General, the Most Honorable the Marquis of Lansdowne, G.C.M.G.
[Enclosure No 1.1
The Foreign Office to the Colonial Office.
Foreign Office, 5th May, 1887.
Sib,—With reference to the letter from this offioe of the 15th ultimo, I am directed by the Marquis of Salisbury to transmit to you, to be laid before secretary Sir
Henry Holland, a copy of a despatch, No. 97, dated 13th April, 1887, with its
enclosures from Her Majesty's Minister at Washington, relative to the question of
the seizure last autumn in Behring's Sea of three British schooners engaged in seal
fishing.
Copies of the laws of the United States relating to Alaska to which reference ia
Vide U. S. statutes re made in Mr. Bayard's note of the 12th ultimo to Sir L. West, are
Alaska, sec. 1956-1971. also enclosed.
I am, &c.
P. W. CUKEIB.
The Under Secretary of State, Colonial Office.
[Enclosure No. 2. J
Sir L. S. West to the Marquis of Salisbury.
Washington, 13th April, 1887.
My Lobd,—With reference to Your Lordship's telegram No. 7 of 2nd instant, I
have the honor to enclose to your Lordship, herewith, copy of a note which I addressed to the Secretary of State, as wall as copy of reply thereto, stating that the
records of the judicial proceedings in cases of the British vessels seized in Behring's
Sea, were received at the State Departmeat on Saturday last, and are now under
examination; and that the remoteness of the scene of the fur seal fisheries has delayed the Treasury officials in framing appropriate regulations, and issuing orders to the
United States police vessels, which information I had the honor to telegraph to
Your Lordship this day.
I have, &ov
L. S. WEST.
The Marquis of Salisbury, K.G., &c., &c, &c.
[Enclosure No. 3.]
Sir L. S. West to Mr. Bayard.
Washington, 4th April, 1887.
Sib,—In view of the approaching fishing season in Behring's Sea, and the fitting
out of vessels for fishing operations in those waters, Her Majesty's Government have
requested me to inquire whether the owners of such vessels may rely on being unmolested by the cruisers of the Uaifced States when not near land.
Her Majesty's Government are also desirous, to know whether the documents
referred to in your noto of 3rd February last, connected with the seizure of certain
British vessels beyond the three-mile limit, and legal proceedings conneoted therewith,
have been received, and I have the honor, therefore, to request you to be apod
enough to enable me to reply to their inquiries on the part of Her Majesty's Government with as little delay as possible.
I have, &o,,
The Hon. T. F. Bayard, &c, &o., &c. L< S' WEST' 15
[Enclosure No. 4.]
Mr. Secretary Bayard to Sir L. West.
Depabtmknt of State, Washington, 12th April, 1887.
Sib,—I have the honor to acknowledge your note of 4th instant, relative to the
-fisheries in Behring's Sea, and inquiring whether the documents referred to in my
note of 3rd February, relating to the cases of seizure in those waters of vessels
charged with violating the laws of the United States regulating the killing of far
seals, had been received. The records of the judicial proceedings in the oases in the>
District Court in Alaska referred to were only received at this department on Saturday last, and are now under examination.
The remoteness of the scene of the fur seal fisheries, and the special peculiarities
•of that industry, have unavoidably delayed the Treasury officials in framing regulations and issuing orders to United States vessels to police the Alaskan waters for the
protection of the fur seals from  indiscriminate slaughter and   consequent speedy
extermination.
The laws of the United States in this behalf are contained in the Kevised
Statutes relating to Alaska, in section 1956-1971, and have been in force for upwards
of 17 years, and prior to the seizures of last summer but a single infraction is known
to have occurred, and that was promptly punished.
The question of instructions to Government vessels in regard to preventing the>
indiscriminate killing of fur seals, is now being considered, and I will inform you at
the earliest day possible what has been decided, so that British and other vessels
visiting the waters in question can govern themselves accordingly.
I have, &c,
T. F. BAYABD.
Hon. Sir L. West, &c, &c, &c.
ANNEX.
Chapteb III.
Provisions relating to the Unorganized Territory of Alaska.
Section.
1954. Customs, &c, laws extended to Alaska.
1956. Importation of fire-arms and distilled spirits may be prohibited.
1956. Killing of fur-bearing animals prohibited.
1957. What courts to have jurisdiction of offences.
1958. Bemission of fines, &c.
1959. Saint Paul and Saint George Islands declared special reservations.
1960. Killing of seal upon them prohibited except in certain months.
1961. Killing of certain seal prohibited.
1962. Limit to number of seals to be killed.
1963. Bight to take seal may be leased.
1964. Bond.
1965. Who may lease.
1966. Covenants in lease.
1967. Penalty.
1968. Penalty upon leases.
1969. Tax upon seal skins.
1970. Lease may be terminated.
1971. Lessees to furnish copies to masters of their vessels.
1972. Certain sections may be altered.
1973. Agents and assistants to manage seal fisheries.
1974. Their pay, &c.
1975. Not to be interested in right to take seals.
1976. Agents may administer eertain oaths and take testimony. 16
Sec 1954. The laws of the United States relating to customs, commerce, and
navigation, are extended to and over all the mainland, islands, and waters of the
territory ceded to the United States by the Emperor of Bassia by Treaty concluded
at Washington on the 30th day of March, A.D. 1867, so far as the same may be
applicable thereto.
Sec. 1955. The President shall have power to restrict and regulate or to prohibit the importation and use of fire-arms, ammunition, and distilled spirits, into and
within the Territory of Alaska ; the exportation of the same from any other port
or place in the United States, when destined to any port or place in that territory,
and all such arms, ammunition, and distilled spirits, exported or attempted to be
exported from any port or place in the United States and destined for such Territory, in violation of any regulations that may be prescribed under this section, and
all such arms, ammunition, and distilled spirits, landed or attempted to be landed or
used at any port or place in .the territory, in violation of such regulations, shall be
forfeited; and if the value of the same exceeds $400 the vessel upon which the
same is found, or from which they have been landed, together with her tackle;
apparel and furniture, and cargo, shall be forfeited ; and any person wilfully violating
such regulations shall be fined not more than $500, or imprisoned not more than
eix months. Bonds may be required for a faithful observance of such regulations
from the master or owners of any vessel departing from any port in the United-
States having on board fire-arms, ammunition, or distilled spirits, when such vessel
is destined tetany place in the territory, or if not so destined, when there is reasonable ground of suspicion that such articles are intended to be landed therein in
violation of law; and similar bonds may also be required on the landing of any such
articles in the territory from the person to whom the same may be consigned.
Sec. 1956. No person shall kill any otter, mink, marten, sable, or fur-seal, or
other fur-bearing animal, within the limits e^ Alaska Territory, or in the waters
thereof; and every person guilty thereof shall, for each offence, be fined not less
than $200 nor more than $1,000, or imprisoned not more than six months, or
both ; and all vessels, their taokle, apparel, furniture, and cargo, found engaged in
violation of this section shall be forfeited ; but the Secretary of the Treasury shall
have power to authorize the killing of any suoh mink, marten, sable, or other fur-
bearing animal, except fur-seals, under such regulations as he may prescribe; and it
shall be the duty of the Secretary to prevent the killing of any fur-seal, and to provide for the execution of the provisions of this section until it is otherwise provided
by law; nor shall he grant any special privileges under this section.
See. 1957. Until otherwise provided by law, all violations of this chapter, and
of the several laws hereby extended to the Territory of Alaska and the waters thereof, committod within limits of the same, shall be prosecuted in any district court of
the United States in California or Oregon, or in the district courts of Washington ;
and the collector and deputy collectors appointed for Alaska Territory, and any person authorized in writing by either of them, or by the secretary of the Treasury,
shall have power to arrest persons and seize vessels and merchandize liable to fines,
penalties or forfeitures under this and the other laws extended over the territory,,
and to keep and deliver the same to the marshal of some one of such courts; and
BUch courts shall have original jurisdiction, and may take cognizance of all cases
arising under this Act and the several laws hereby extended over the territory, and
shall proceed therein in the same manner and with the like effect as if such cases
had arisen within the district or territory where the proceedings are brought.
Sec. 1958. In all cases of fine, penalty or forfeitui-e embraced in the Act approved
the 3rd March, 1797, ch. 13, or mentioned in any Act in addition to or amendatory
of such Act, that have occurred or may occur in the collection district of Alaska the
secretary of the Treasury is authorized, if, in his opinion, the fine, penalty or forfeiture was incurred without wilful negligence or intention of fraud, to ascertain the
facts in such manner and under such regulations as he may deem proper without
regard to the provisions of the Act above referred to, and upon the facts so to be
ascertained he may exercise all the power of remission conferred upon him by that
I 17
Act, as fully as he might have done had such facts been ascertained under and
according to the provisions of that Act.
Sec. 1959. The islands of Saint Paul and Saint George, in Alaska, are declared a
special reservation for Government purposes ; and until otherwise provided by law
it shall be unlawful for any person to land or remain on either of those islands, except
by the authority of the Secretary of the Treasury; and any person found on either
of those islands, contrary to the provisions hereof, shall be summarily removed; and
it shall be the duty of the Secretary of War to carry this section into effect.
Sec. 1960. It shall be unlawful to kill any fur-seal upon the 1 slands of Saint
Paul and Saint George, or in the waters adjacent thereto except during the months
of June, July, September, and October in each year; and it shall be unlawful to kill
such seals at any time by the use of fire-arms, or by other means tending to drive the
seals away from those islands ; but the natives of the islands shall have the privilege
of killing such young seals as may be necessary for their own food and clothing
during other months, and also such old seals as may be required for their own clothing, and for the manufacture of boats for their own use; and the killing in such cases
shall be limited and controlled by such regulations as may be prescribed by the Secretary of the Treasury.
Sec. 1961. It shall be unlawful to kill any female seal, or any seal less than one
year old, at any season of the year, except as above provided; and it shall also be unlawful to kill any seal in the waters adjacent to the Islands of Saint Paul and Saint
George, or on the beaches, cliffs, or rocks where they haul up from the sea to remain;
and every person who violates the provisions of this or the preceding section
shall be punished for each offence by a fine of not less than $200 nor more than
$1,000, or by imprisonment not more than six mouths, or by both such fine
and imprisonment; and all vessels, their tackle, apparel, and furniture, whose crews
are found engaged in the violation of either this or the preceding section, shall be
forfeited to the United States.
Sec. 1962. For the period of twenty years from the 1st July, 1870, the
number of fur seals which may be killed for their skins upon the Island of Saint Paul
is limited to 75,000 per annum ; and the number of fur-seals which may be killed for
their skins upon the Island of Saint George is limited to 25,000 per annum; but the
Secretary of the Treasury may limit the right of killing, if it becomes necessary for the
preservation of such seals, with such proportionate reduction of the rents reserved to
the Government as may be proper; and every person who knowingly violates either
of the provisions of this section shall be punished as provided in the preceding section.
Sec. 1963. When the lease heretofore made by the secretary of the Treasury to
| The Alaska Commercial Company," of the right to engage in taking fur-seals on
the islands of Saint Paul and Saint George, pursuant to the Act of the 1st July, ch.
189, or when any future similar lease expires, or is surrendered, forfeited or terminated, the secretary shall lease to proper and responsible parties, for the best advan-
tage of the United States, having due regard to the interests of the Government, the
native inhabitants, their comfort, maintenance and education, as well as to the interests of the parties heretofore engaged in trade and the protection of the fisheries, the
right of taking fur-seals on the islands herein named, and of sending a vessel or vessels to the islands for the skins of such seals, for the term of twenty years, at an
annual rental of not less than $50,000, to be reserved in such lease and secured
by a deposit of United States bonds to that amount; and every such lease shall be
duly executed in duplicate, and shall not be transferable.
Sec. 1964. The Secretary of the Treasury shall take from the lessees of such
islands in all cases a bond, with securities, in a sum not less than $500,000
conditioned for the faithful observance of all the laws and requirements of congress,
and the regulations of the Secretary of the Treasury touching the taking of fur seals
and the disposing of the same, and for the payment of all taxes and dues accruing to
the United States connected therewith.
Sec. 1965. No persons other than American citizens shall be permitted, by lease
or otherwise, to occupy the islands of Saint Paul and Saint George, or either of them,
C5-2 18
for the purpose of taking the skins of fur-seals therefrom, nor shall any foreign vessels
be engaged in taking such skins; and the Secretary of the Treasury shall vacate and
declare any lease forfeited if the same be held or operated for the use, benefit or
advantage, directly or indirectly, of any persons other than American citizens.
Sec. 1966. Every lease shall contain a covenant on the part of the lessee that he
will not'keep, sell, furnish, give or dispose of any distilled spirits or spirituous liquors
on either of those islands to any of the natives thereof, suoh person not being a
physician and furnishing the same for use as medicine; and every revenue officer,
officially acting as such on either of the islands, shall seize and destroy any distilled
or spirituous liquors found thereon ; but such officer shall make detailed reports of
his doings in that matter to the collector of the port.
Sec. 1967. Every person who kills any fur seal on either of those islands, or in
the waters adjacent thereto, without authority of the lessees thereof, and every person
who molests, disturbs, or interferes with the lessees, or either of them, or their agents
or employees, in the lawful prosecution of their business, under the provisions of this
chapter, shall for each offence be punished as prescribed in section 1961; and all
vessels, their tackle, apparel, appurtenances, and cargo, whose crews are found engaged
in any violation of the provisions of sections 1965 to 1968, inclusive, shall be forfeited
to the United States.
Sec. 1968. If any person or company, under any lease herein authorized, kown
ingly kills, or permits to be killed, any number of seals exceeding the number for
each island in this chapter prescribed, such person or company shall, in addition to
the penalties and forfeitures herein provided, forfeit the whole number of the skins
of seals killed in that year, or, in case the same have been disposed of, then such person or company shall forfeit the value of the same.
Sec. 1969. In additional to the annual rental required to be reserved in every
lease, as provided in section 1963, a revenue tax or duty of 2 dollars is laid upon each
iur seal skin taken and shipped from the Islands of Saint Paul and Saint George,
during the continuance of any lease, to be paid into the Treasury of the United States -t
and the Seoretary of the Treasury is empowered to make all needful regulations for
the collection and payment of the same, and to secure the comfort, maintenance, education, and protection of the natives of those islands, and also to carry into full effect
aU the provisions of this chapter except as otherwise prescribed.
Sec. 1970, The Secretary of the Treasury may terminate any lease given to any
person, company, or corporation on full and satisfactory proof of the violation of any
of the provisions of this chapter or the regulations established by him.
Sec. 1971. The lessees shall furnish to the several masters of vessels employed
by them certified copies of the lease held by them respectively, which shall be presented to the Government revenue officer for the time being who may be in charge
at the islands as the authority of the party for landing and taking skins.
Sec. 1972. Congress may at any time herf after alter, amend or repeal sections
from 1960 to 1971, both inclusive, of this chapter.
Sec. 1973. The Secretary of the Treasury is authorized to appoint one agent
and three assistant agents, who shall be charged with the management of the seal
fisheries in Alaska, and the performance of suoh other duties as may be assigned to
them by the Secretary of the Treasury.
Sec. 1974. The agent shall receive the sum of $10 each day, one assistant agent
the sum of $8 each day, and two assistant agents the sum of $6 each day while so
employed; and they shall also be allowed their necessary travelling expenses in
going to and returning from Alaska, for which expenses vouchers shall be presented
to the proper accounting officers of the Treasury, and such expenses shall not exceed
in the aggregate $600 each in any one year.
Sec. 197o. Such agents shall never be interested, directly or indirectly, in any
lease of the right to take seals, nor in any proceeds or profits thereof, either as owner
agent, partner or otherwise.
Sec. 1976. Such agents are empowered to administer oaths in all cases relating
to the service of the United States, and to take testimony in Alaska for the use of
tne trovernment in any matter concerning the public revenues. 19
Sir P. G. W. Herbert to the Officer Administering the Government of Canada.
Downing Stbeet, 27th May, 1887.
My Lobd,—I am directed by the Secretary of State to transmit to you for communication to your Ministers with reference to previous correspondence the documents specified in the annexed, schedule.
I have, &o.,
B. G. W. HERBERT.
The Officer Administering the Government of Canada.
Date.
Description of Document.
6th May.
Sir L. S. S. West to Foreign Office.
The seizures in BehriDg's Sea.
Sib,
SirL. West, No. 113
May 6, 1887.
The Forc'gn Office to the Colonial Office.
Fobeign Office, 19th May, 1887.
I am directed by the Secretary of State for Foreign Affairs to transmit to
you, to be laid before Her Majesty's Secretary of State for the
Colonies, copy of a despatch, as marked in the margin, from Her
Majesty's Minister at Washington, relative  to the seizures  in
Behring's Sea
The Under Secretary of State, Colonial Office.
I am, &c,
J. PAUNCEFOTE.
Sir L. West to the Marquis of Salisbury.
Washington, 6th May, 1887.
My Lobd,—With reference to my despatch No. 88, of April 2nd last, I have the-
honor to inform Your Lordship that the case of the owners of the American ships
seized for sealing in Behring's Sea, against the captain of the United States cruiser
." Corwin," has been postponed until the Government is prepared for the defence.
I have, &c.
The Marquis of Salisbury, &c, &c, &c.
L. S. WEST.
No. 206.
Sir H. Holland to Lord Lansdowne.
Downing Stbeet, 14th July, 1887,
My Lobd,—I referred to the Secretary of State for Foreign Affairs a copy of
Tour Lordship's despatch, No. 169, of the 21st of May last, enclosing a copy of an
approved report of your Privy Council, respecting the action of the United States
authorities towards British subjeots, in connection with the seizure of Canadian
sealing schooners in Behring Sea.
I now enclose, for communication to your Government, a copy of a letter
received from the Foreign Office in reply, from which it will be seen that the
Marquis of Salisbury is of opinion that it will be desirable, before any further representations are made ;to the United States Government, with a view to obtaining
reparation, that Her Majesty's Government should be in possession of the record of
65—2i 20
the judicial proceedings in the District Court in Alaska,.and that instructions have
been sent by telegraph to Sir L. West.
You will be so good as to transmit to me a copy of any printed papers wUtcn
have been laid before the Parliament of the Dominion on this subject.
I have, &c,
H. T. HOLLAND.
Governor General,
The Most Honorable the Marquis of Lansdowne, G.C.M.G., &c, &C, <&c
[End03ure No. 1.]
The Foreign Office to the Colonial Office.
Fobeign Office, 8th July, 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 whioh have been laid before the Canadian Parliament in regard to this
question.
I am, &c,
J. V, LISTER.
The Under Secretary of State, Colonial Office.
279
Sir H. T. Holland to Lord Lansdowne.
Downing Street, 15th August, 1887.
My Lord,—I have the honor to transmit to you, for communication to your
Ministers with reference to previous correspondence, copy of a letter from the
Foreign Office, enclosing copies of two despatches whioh have been addressed to Her
Majesty's Minister at Washington, respecting the seizure of British sealing schooners
in Behring Sea by an American revenue vessel.
I have, &,c,
H. T. HOLLAND.
Governor General, the Most Honorable the Marquis of Lansdowne, G.C.M.G., &c.
L Enclosure No. 1.]
Foreign Office to the Colonial Office.
Foreign Office, 12th August, 1887.
Sib,—With reference to your letter of 28th July last, I am directed by the
Marquis of Salisbury to transmit to you for the information of Sir H. Holland copies
of two despatches, Nos. 193 and 194, 10th instant, which have been addressed to Her
Majesty s Minister at Washington in regard to the seizure of British sealing
schooners m Behring Sea by the United States authorities. S
I am, &c,
The Under Secretary of State, Colonial Office. J' V' LESTER' 21
[Enclosure No. 2.]
The Marquis of Salisbury to Sir L, West.
Fobeign Office, 10th August, 1887.
Sib,—I have to inform you that a telegram has been received from the Commander-in-Chief of Her Majesty's Naval Foi ces in the Pacific, dated Yictoria, hi itish
Columbia, on the 7th instant, from which it appears that an American revenue
vessel had seized three more British Columbian sealing schooners when a long
distance from land, and that 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 cruiser "Corwin, " Mr. Bayard stated in a note dated the 3rd February (a copy of which accompanied your despatch No. 34 of the following day),
that " without conclusion at this time of day of any questions which may be found to
be involved in these caees of seizure, orders have been issued by the President's direction for the discontinuance of all pending proceedings, the dischargo of the vessels
referred to, and the release of all persons under arrest in connection therewith."
I request that you will at once communicate with the United States Government
as to 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 assurance 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.
I am, &c,
SALISBURY.
[Enclosure No. 3.]
The Marquis of Salisbury to Sir L. S. West.
Fobeign Office, 10th August, 1887.
Sib,—I have to acknowledge the receipt of your despatch, No. 196, of the 12th
•ultimo, enclosing 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 endeavor to ascertain and report to me
when it is probable that the appeals referred to in your despatches Nos. 88 and 113
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 new, 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 tnbunals 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 ot
these vessels in the American courts, and would in no degree limit the right ot iler
Majesty's Government, after all such legal remedies were considered to be exhausted 22
to intervene through-diplomatic channels and on international grounds on behalf of
8U0^fp"eSsum°eI tS the records of the proceeding, in the cases of the seizures of
the British schooners which accompanied your despatch No 196 were cornmuuicated
officially to Her Majesty's Lagation, and, if so, I request that you will furnish me
with a copy of the note by which they were accompanied.
I am, &c, „
SALISBURY.
Sir L. West to the Marquis of Salisbury.—(Received July 22.)
Washington, 12th July, 1887.
My Lobd,—With reference to your Lordship's telegram of the 8th instant, I
have the honor to transmit herewith printed copies of the judicial proceedings in the
United States District Court for the district of Alaska in the several cases of the
schooners " Onward," " Carolina " and Thornton," proceeded against on a charge of
killing fur 6eal in Alaska.
I have, &c,       .
L. S. SAOETILLE WEST.
[Enclosure in No. 55.]
In the United States District Court for the District of Alaska.
The United States, Libdlant,Yi. the Schooner " Thornton," her tackle, dsc.—On Libel of
Information for being engaged in the Business of Killing Fur Seal in Alaska.
Transcript of Record.
On the 23th day of August, 1886, was  filed the following libel of information',—
In the District Court of the United States fob the Distbiot of Alaska.
' August Special Tebm, 1886.
To the Hod. 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 here 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 distriot, 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 aforementioned and described schooner or vessel, being a vessel of
over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became and are
lorfeited to the use of the said United States, and that the said schooner is now
within the district afoiesaid.
. Wherefore the said attorney prays that the usual process and monition of this
honorable court issue in this behalf, and that all persons interested in the before-
mentioned and described schooner or vessel may ba 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 honorable 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.
M. D. BALL,
United States District Attorney for the District of Alaska.
Whereupon forthwith issued the following monition:
District of Alaska, Set.,
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, &c, 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 Honorable Lafayette Dawson, Judge of the 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. M
(Seal.J ANDREW T. LEWIS, Clerk.
On September 6, 1886, was filed the following affidavit:—
In the United  States Distbict Coubt in and fob the District of  Alaska,
United States of America.
The United States of America vs the Schooner " Thor
United States of America, District of Alaska, ss.
C. A. Abbey, being duly sworn, deposes and says : —
That he is, and at all times herein  mentioned was,
rnton.
a captain
in  the United
revenue cutter
States Revenue Marine, and in command   of  the United States
"Corwin." I    ,1 „_      .   „ ,    . ,
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 J. U. Rhodes, lieutenant; J. H. Douglas, pilot. 1
21
That owing to scarcity of provisions and fuel upon the 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. m .
That there is urgent necessity for taking the depositions of affiant and said wit- ,
nesses forthwith. .
That Hans   Guttormsen   was   master,  and   in   possession   ot   said schooner
"Thornton " at the time of seizure thereof. ^Jl^
C. A. ABBEY.
Subscribed and sworn to before me, this 6th day of September, 1886.
ANDREW T. LEWIS, Clerk.
On the same day was entered the following order :
In the Matter of the United States vs. Schooner " Thornton,"  Case No. 50 ; Schooner
" Carolina,"  Case No. 51 ; Schooner " Onward," Case No. 49 ; Schooner " San
Diego," Case No. 52.
In the above entitled actions urgent necessity and good cause appearing there"
for 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. Douglas, C T. Winelow, Albert Leaf, C. Wilhelm, Thomas
Singleton, and T. Lorenson, 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 oh said evening, then the taking of said depositions to be continued by
said clerk, from time to time, until completed. That notice of time and place of
taking said depositions be served by the marshal of said district on Hans Guttormsen,
James Blake, Daniel Munro, and Charles E. Raynor, and upon W. Clark, Esq.,
attorney-atiaw, on or before the 7th of September at 12 a m., and that such shall be
due and sufficient and reasonable notice of the taking of said depositions.
Done in open court this 6th day of September, 1886, now at this time W. Clark,,
Esq., being present in court, waives service of notice.
On the 7th day of September, 1886, was filed the following notice and return:—
In the United States District Court in and for  the District of Alaska,
United States of America.
The United States of America vs. the Schooner " Thornton,"
To Hans Guttormsen greeting: you are notified that by order of Lafayette
Dawson, Jud^e of the said District Couit, the depositions of C. A. Abbey, J. C.
-Cantwell, J. U. Rhodes, and J. H. Douglas will be taken before the clerk of the said
District Court at his office in Sitka in said district on Tuesday, the 7th September,
1886, at 7 o'clock, p.m., or as soon thereafter as the matter can be reached, and if not
completed on said evening, the taking of said depositions will be continued by said
clerkfromtime to time until completed.
Dated the 7th September, 1886.
TT ., J 0i It ANDREW T. LEWIS, Clerk.
United States of America, District of Alaska, ss.
This is to certify that on the 7th day of September, 1886, before 12 o'clock noon
of that day, I served the annexed notice on the within named Hans Guttormsen, at
Sitka, District of Alaska, by then and there personally delivering to the said Hans
truttormsen, copy of said notice; and then and there gave him the privilege of beine
present at the taking of said depositions. 5
Dated the 9th of September, 1886.
BARTON ATKINS, United States Marshal. On the 10th September, 1886, were filed the following depositions:—
In the United States  District Court in and for the District of Alaska*-
United States of America.
The United States vs. the Schooner " Thornton]" No. 50.
Depositions of witnesses sworn and examined before me on the 7th day of September, 1886, at 7 o'clock p.m. of said day, and on the 8th and 9th September, 1886,
thereafter, at the clerk's office of said court in Sitka, district of Alaska, United States
of America, by virtue and in pursuance of the order of the said court, made and entered in the above entitled astion on the 6th September, 1886, directing that the
testimony and depositions of said witnesses be taken before me at said first-mentioned
time and place, and at such subsequent times as the taking of the same might be
continued to by me, in said action then and there pending in said district court
between the United States as plaintiff and the schooner "Thornton " as defendant, on
behalf and at the instance of the said plaintiff the United States, and upon notice of
the time and place of the taking of the said depositions served upon Hans Guttormsen, the captain of the said schooner, and in possession thereof at the time of
seizure, and upon W. Clark, Esq., his attorney, the owners thereof being unknown
and without the jurisdiction of this court.
Captain C. A. Abbey, being duly sworn, deposes and says: —
Q. State your name and occupation. A. Captain C. A. Abbey, in the United
States Revenue Marine Service, at present in command of the United State*
Revenue steamer "Corwin," on special duty in Alaskan waters, for the protection of
the seal islands and of the Government interests in Alaska generally.
Q. What were you doing and what occurred on the 1st day of August last in
the line of your duty ? A. I was cruising in Behring Sea about 70 miles south-southeast from St. George Island, in about latitude and longitude • I
found the four boats of the British steam schooner " Thornton," of Victoria, British
Columbia, engaged in killing fur seal. Each boat had in her from three to eight
freshly killed seal, arms, and ammunition, rowers, and hunters, who stated that they
belonged to the said schooner " Thornton," and were engaged in taking or killing
fur seal. Some of them, if not all, were seen shooting at the fur seal which were
swimming in their neighborhood. On this evidence, I caused the vessel to be
seized by Lieutenant Cantwell, took her in tow, and proceeded with her to Oona-
laska, where I placed the vessel, cargo, tackle, furniture, and appurtenances in
charge of Deputy United States Marshal Isaac Anderson, of Oonalaska, the cargo of
fur seals being stored in " Keuch," in one of the warehouses of the Alaska Commercial Company, and under seal. One boat of the " Thornton " was sent to Sitka by
the schooner " San Diego," and placed in custody of the United States Marshal at
Sitka. All of this property is now in the custody of the United States Marshal at
Sitka, including her arms and ammunition, which I brought to Sitka on the " Corwin."
Q.  Was this the vessel against which the libel of information is filed ?    A. It is.
Q. Did this all occur within the waters of Alaska and the territory of Alaska,
and within the jurisdiction of this court ?   A. It did.
Q. Did thid occur within the waters of the sea navigable for vessels of 10  tons
burden or over ?    A. It did. 1
C. A. ABBEY.
Subscribed and sworn to before me this 9th day of September, A.D. 1886, after
having been read over by me to deponent.
(Seal.) Andrew T. Lewis, Clerk,
United States District Court.
Lieutenant John C. Cantwell, being duly sworn, deposes and says :—
Q. State your name, occupation and age?   A. John C. Cantwell, Third Lieutenant United States   Revenue   Marine Service, at present on duty United States-
Revenue steamer "Corwin," and over the age of 21 years. 26
Q. Were you so on the 1st day of August last ?    A. I was.
Q. State what occurred on that day in the line of your duty. A. I saw a small boat
on the port bow; we came up to her, and found she had about eight fur seal aboard.
The men in the boat were armed with breech loading rifles. In answer to the commanding officer, the men admitted they were killing far seal. Shortly after we
picked up a second boat, and then sighte i the schooner '■' Thornton." There were
dead seal in the second boat. I did not examine the other boats; I was sent on
board the schooner, saw Hans Guttormsen apparently acting as captain, and Henry
Norman as mate. I asked them what they were doing ? The captain replied,
':• Catching seals." I signalled this to Captain Abbey, who directed me to seize her,
which I did, and the " Corwin " took the schooner in tow. The fur seal in the boats
were bleeding, and must have been killed within a few hours.
Q, How many men were on board of the " Thornton " at the time of seizure ?
A. About fifteen.
Q. Was this a reasonable number for ordinary purposes of commerce and navigation ?   A. It was an unusually large number for the siz3 of the vessel.
Q. Do you recognize this paper ? A. 1 do. It is the official inventory made
by me of the furniture, tackle, and cargo of the schooner " Thornton " (inventory
embraces the usual furniture, rigging, nautical instruments, boats and stores of a
vessel of this class, with a cargo of 408 seal skins, 3 seal pup skins, and 1 hair seal
skin and they are receipted for by I. Anderson, Deputy United States Marshal,
Oonalaska, the 14th August, 1886) ; the item 403 seal skins mentioned in the inventory are fur seal skins; this inventory gives a full and correct list of all the furniture, tackle, and cargo of said vessel, with the exception of the following: arms and
ammunition, octant, and one chronometer. There is one boat belonging to the
,~n ti1^ fas sent down on the " San Diego " and included in the inventory
of the " San Diego."   The 8 Thornton " had four boats. *
JOHN C. CANTWELL, 3rd Lieutenant,
United States Revenue Marine.
w?UbKCribed ?nd sw,orn t0 before me this 9th day of September, A.D. 1886, after
naving been read over by me to deponent.
(Seal.) Andrew T. Lewis, Clerk,
United States District Court.
John U. Rhodes, being duly sworn, deposes and says :—
«f a<2* «??r y?Uf n?Dae' »«*■ *nd occupation ?    A. John U. Rhodes, over 21 years
^S'ne B^me^.^?* ^ **** J?6™rae MariM> and Cached ^Zl
revenuei steamer    Corwm,   and was so on the 1st August, 18-S6
''Th".'ntour'    a' TaSTedr *»last"red d»y in connection with the schooner
and one hafr S TheJ IZZIZ ^^l *?T ",1 iW6nt* dead fnr 8eal on deck
killed. The M^in andLvi;! ffK^Bt f ^bleediDS "d evidently recently
think it was%ursel^ **"* had killed twenty one, I
light and if8thecSuttt hS noT co™ u^ ^ g0t m°re if *"* had had — day-
is ^1^ ™8 w~ marked (*■ ■
tish steam schooner « Thornton "Hans fWi       (     8 PaP80r0represent8 the Bri- same date and place with clearance). I found these papers in the schooner " Thornton " at the time of seizure, and then took possession of them.
Q. What was the list of arms and ammunition found aboard the schooner
I Thornton " at the time of seizure ? A. Four rifles, 6 shot-guns, 867 shot-gun cartridges, 420 rifle gun, cartridges, 108 lbs. powder, 1 keg powder partly filled, 2 bags
bullets, 11 bags buck-shot, 5 boxes wads, 3J boxes primers.
Q. What has become of these arms and ammunition ? A. They were delivered
to the United States Marshal at Sitka, and are now in his custody.
JOHN U. RHODES, Lieutenant,
United States Revenue Marine.
Subscribed and sworn to before me this 8th day of September, A. D. 1886, after
having been read over by me to the deponent.
(Seal.) Andrew T. Lewis, Clerk,
United States District Court.
John U. Rhodes, being duly sworn, deposes and says :—
Q. State your name, age and occupation ? A. John. U. Rhodes, Lieutenant
United States Revenue Marine, at present on duty on the United States Revenue
steamer " Corwin," and over the age of 21 years.
Q. State what nautical instruments, if any, were seized on "the schooner "Thornton " except such as are included in her general inventory ? A. One chronometer,
No. 1,3*74, made by Kessels, and one octant.
Q. What has become of this property ? A. I turned it over to the United
States Marshal at Sitka, and it is now in his custody.
JOHN U. RHODES.
Subscribed and sworn to before me this 9th day of September, A. D. 1886, after
having been read over by me to deponent.
(Seal.) Andrew T. Lewis, Clerk,
United States District Court.
J. H. Douglas, being duly sworn, deposes and says:—
Q. State your name, age, and occupation? A. J. H. Douglas, am over the
age of 21 years, am a pilot in the Revenue Marine Service of the United States, and
have been so for the seven years last past. I am now and on the 1st August, 1886,
was pilot on the revenue steamer " Corwin."
Q. State what occurred on the last-named day in connection with the schooner
"Thornton"? A. We sighted a boat on our port bow and soon after saw another
bo^*., steamed to the first boat and ordered her to come alongside, which she did.
The name " Steamer Thornton " was on the stern of the boat. There were two or
three men in the boat with arms, and six or eight dead fur seal, which had the appearance of having been lately killed. I asked the men what luck they had. One of
them replied, " We have six or eight, but not as good as some days." We took possession of the boat and contents by .order of Captain Abb9y. We then picked up the
second boat, finding it engaged in the same business, then we sighted a schooner
drifting without sail or steam, which proved to be the steam-schooner "Thornton."
On coming up with her, she was seized by order of Captain Abbey, and taken in tow.
We then picked up two more boats belonging to the " Thornton." having dead fur
seal on board. This was in Behring Sea, about 65 miles southeast from St. George's
Island, and about 500 or 600 miles to the eastward of the western boundary line of
Alaska Territory.
Q. State what experience you have had in the fur sealing business, and your
knowledge of the habits of the fur seal ?— A.. I have been cruising for more than fif-
teen years off and on in Alaskan waters, always as an officer or pilot, and have
visited the Pribiloff Islands, St. Paul and St. George, several hundred times, and am
perfectly familiar with the sealing business as conducted on those islands, and understand the migrating habits of the lur seals. From about the first May to about the first 28
July of each year the fur seal is migrating north, and mostly through the Unimak
and Akutan Passes to these islands for breeding purposes. They go to no other place
in the known world except these islands and Copper Island for breeding purposes.
After the breeding season of about a month they begin to migate south,
and until November of each year are migrating south through Behring Sea. During
this season, from May to November, the fur seal are plenty in the waters adjoining
the Pribiloff Islands, and are migrating to and from these islands, and are at all
times very plenty between Unimak Pass and said islands in a track about 30 miles
wide, which seems to be their highway to and from said islands. The schooner
"Thornton " and her boats when seized were directly on this track.
J. H. DOUGLAS.
Subscribed and sworn to before me this 8th day of September, A. D. 1886, after
having been read over by me to deponent.
(Seal.) Andrew T. Lewis, Clerk,
United States District Court.
In the United States District Court in and for the District op Alaska,
United States cf America.
The United States vs. the Schooner " Thornton," No. 50.
Whereas, on the 6th day of September, 1886, the said District Court duly made
and entered in the journal of said court an order in'the above entitled action, directing
that the testimony and depositions of the witnesses : C. A. Abbey, J. C. Cantwell,
J. U. Rhodes and J. H. Douglas be taken before me, the clet k of said court, at the
time or times and place, and upon such notice as was specified in said order.
Now, therefore, this is to certify ;—That in pursuance of said order, on the *7th
September, 1886, at 1 p. m., each and all cf the above-named witnesses appeared
before me at the clerk's office of said court at Sitka, District of Alaska, United
States of A merica: that M. D. Ball, Esq., District Attorney of said Court and District, and W. H. Payson, Esq., appeared then and there'on behalf of and as attorneys
and proctors for the United States, the libellant herein ; and W. Clark, E-iq., then
and there appeared on behalf of, and as attorney and proctor for the said t-chooner
and her owners herein; and Hans Guttormsen then and there appeared in pursuance
of notice served upon him.
That I was unable to complete the taking of said depositions on said 7th day of September, 1886, and I continued the taking thereof on the 8th and 9th September, 1886,
and completed the same on said last-named day. That the said parties by their said
attorneys and proctors then and there appeared, and were present on each of said last-
named days, and at all times during the taking of said depositions. That each of
said witnesses was first duly cautioned and sworn by me, then and there, that the
evidence he should give in said action, should be the truth, the whole truth and
nothing but the truth, and thereafter each of said witnesses was then and there examined before me, and I then and there took down the statement and testimony of
each of said witnesses, and reduced the same to writing in his presence, and then and
there read the same over to him, and he then and there, after the same had been so
reduced to writing and read over to him, subscribed the same in my presence, and
swore to the truth thereof.
That the foregoing depositions are the depositions of said witnesses then and
there taken before me as aforesaid. That due notice of the taking of said depositions
was given as required by said order.
In witness whereof I have hereunto set my hand and the seal of said District
Court, this 9th day of September, 1886.
ANDREW T. LEWIS,  Clerk, United States District Court in and
for the District of Alaska, United States of America.
On the 20th day of September, 1886, was filed the following claim of master for
owner: — In the United States District Court for the District of Alaska.
(In Admiralty.)
In the matter of the Libel of Information against the Schooner " Thornton," her Tackle,
Apparel, Furniture, and Cargo—Clam of Master for Owner.
And now Hans Guttormsen, master of schooner "Thornton " intervening for the
interest of J. D. Warren, of Victoria, British Columbia, the owner of the said schooner
I Thornton," her tackle, apparel, furniture, and cargo, as set forth in the libel of information herein, appears before this honorable court and makes claim to the said
schooner "Thornton," her tackle, apparel, furniture, and cargo, as set forth in the
said libel of information, and as the same are attached by the marshal under process
of this court at the instance of M. D. Ball, Esq., United States District Attorney for
the District of Alaska.
And the said Hans Guttormsen avers that the said J. D. Warren was in possession of the said schooner at the time of the attachment thereof.
And that the said J. D. Warren above named is the true and bond fide owner of
the said schooner, her tackle, apparel, cargo and furniture as seized by the said
marshal as aforesaid and that no other person is the owner thereof. Wherefore he
prays to defend accordingly.
HANS GUTTORMSEN.
Subscribed and sworn to before me this 18th day of September, A.D. 1836.
(Seal.)       Andrew T. Lewis, Clerk of United States
District Court for the District of Alaska.
W. Clark and D. A Dinglet,
Proctors for Claimant.
On the same day was filed the following amended libel of information.
In the United States District Court, in and for the District of Alaska.,
United States of America.
(August Special Term, 1836.)
To the Honorable Lafayette Dawson, Judge of said District Court:
The amended 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 here in court in his own proper persou, in the name and on behalf of the
said United States, alleges and informs as follows, to wit; -
That C. A. Abbey, an officer in the Revenue Marine Service of the United States,
duly commissioned by the President of the United States, in command of the United
States Eevenue cutter " Corwin," 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 Judical District of
Alaska, to wit—within the waters of that portion of Behring's Sea belonging to the
United States and said district, on waters navigable from the sea by vessels often or
more tons burden, seized the schooner " Thornton," her tackle, apparel, boats, cargo,
and furniture, being the property of some person or persons unknown to said
att'orney.    The said propery is more particularly described as follows, to wit:—
One schooner "Thornton " of Victoria, British Columbia, four boats with oars,
sails and gear ; carpenter's and caulking tools and materials : five tons of coal, ten
yards of canvas, clock, chronometer, nautical instruments, provisions, sails and
running gear, ropes, tvine, lamps, oil, casks, buckets, engine and gear, twenty sacks
salt, 403 fur seal skins, one hair seal skin, three pup seal skins, tour rifles, six shot
gun's, and arms and ammunition for same and all other property found upon or
appurtenant to said schooner.
That said C. A. Abbey was then and there duly commissioned and authorized
by the proper Department of the United States to make said seizure.
That all of the said property was then and there seized as forfeited to the United
States for the following causes :— 30
That the said vessel,  her captain, officers and crew were then and there found
engaged in killing fur seals within the limits of Alaska  Territory and within the.
waters thereof, in violation of section 1956 of the  Revised Statutes of the United
States. .        ,
That all the said property, after being seized as aforesaid, was brought into tne
port of Oonalaeka in the said territory, and delivered into tho keeping of Isaac
Anderson, a Deputy United States marshal of this district, with the exception of the
said arms and ammunition, which latter were brought into the port of Sitka in said
district and turned over to the United States marshal of this district, and all of said
property is now within the Judicial District of Alaska, United States of America.
And the said M. D. Ball, Attorney as aforesaid, further informs and alleges:—
That on the 1st day of August, 1886, Henry Norman, and certain other persons
whose names are to said United States attorney unknown, who whore then
and there engaged on board of the said schooner "Thornton " as seamen and seal
hunters, did, under the direction and by the authority of Hans Guttormsen, then
and there master of said schooner, engage in killing and did kill, in the Territory
and District of Alaska, and in the waters thereof, to wit, tventy fur seals in violation
of section 1,956 of tho Revised Statutes of the United States, in such cases made and
provided.
That the said 403 fur seal skins, three pup. skins, one hair seal skin, and other
goods so seized on board of said, schooner " Thornton " constituted the cargo of said
schooner at the time of the killing of said fur seals, and at the time of said seizure.
And said attorney saith that all and singular the premises were and are true
and within the admiralty and maritime jurisdiction of the United States and of this
honorable court, and that by reason thereof, and by force of the statutes in suoh
cases made and provided, the aforementioned schooner, being a vessel of over twenty
tons burden, and her said tackle, apparel, boats, cargo and furniture, became and are
forfeited to the use of the United States.
Wherefore the said attorney prays that the usual prooef s and monition of this
honorable court issue in his behalf against said schooner and all said hereinbefore
described property to enforce the forfeiture thereof, and requiring notice to bo given
to all persons to appear and show cause, on the return day of said process why said
foifeiture should not be deoreed; and that after due proceedings are had, all of said
property be adjudged, decreed, and condemned as forfeited to the use of the United
States; and for suoh other relief as may be proper in the premises.
Dated the 20th September, 1886.
M. D. BALL,
United States District Attorney for the District of Alaska.
On the same day was filed the following demurrer: —
In the United States Distbict Court for the District of Alaska.
United States vs. J. D. Warren, and Schooner " Thornton."—Demurrer.
The demurrer of J. D. Warren, claimant of the property proceeded against in
the above cause to the information fited herein.
1. The said claimant by protestation, not confessing all or any of the matlers
m said amended information contained to be true, demurs thereto and says that the
said matters in manner and form, as the same are in the information stated and set
forth, are not sufficient in law for the United States to have and maintain their said
action for the forfeiture of the property aforesaid.
2. The said claimant by protestation denies that this oourt has jurisdiction to
determine or try the question hereby put in issue.
3. And that the said claimant is not bound in law to answer the same.
Wherefore claimant prays that said information may be dismissed with costs.
W. CLARE and D. A. D1NGLEY,
Proctors for Claimant. 31
Which demurrer was overruled by the court, and on the same day was filed the
following answer : —
In the United States District Court for the District of Alaska.
United States vs. J. D. Warren and Schooner " Thornton"—Answer of Claimant.
The answer of J. D. Warren, owner and claimant of the said schooner " Thornton," her tackle, apparel,  cargo,  and furniture,  as  the same  are set forth in the
information filed herein in behalf of the United States.
And now comes J. D. Warren, claimant as aforesaid and for answer to the said
information against the said schooner "Thornton," her tackle, apparel, furniture and
cargo, as set forth in said information says that the said schooner " Thornton," her
tackle, apparel, furniture, and cargo as set forth in the information mentioned, did
not nor did any part thereof become forfeited in manner and form as in said information in that behalf alleged, or at all.
Wherefore, the said claimant prays that said information be dismissed with costs
of this claimant attached.
W. CLARK and D. A. DINGLEY, Proctors for Claimant.
On the 22nd September, 1886, were filed the following exceptions to answer:—
United States District Court, District of Alaska, United States of America „
United States of America v. the Schooner " Thornton."—No. 50.
The said libellant hereby excepts to the sufficiency of the defendant's answer
herein, on the following grounds:—
1. Said answer is not properly or at all verified as required by rule 27 of the
United States Admiralty rules;
2. Said answer is not full, explicit or distinct to each or any allegation of the
libel herein, as required by said rule;
3. Said answer does not deny or admit any of the allegations of fact in said libel
but merely denies a conclusion of law.
M. D. BALL and W. H. PAYSON, Proctors for Libellant.
2let September, 1886.
Which exceptions were sustained by the court, and on the same day was filed
the following amended answer:—
In the United States District Court for the District of Alaska.
United States vs. J. D. Warren and Schooner " Thornton."—Amended Answer.
To the Honorable Lafayette Dawson,
Judge of the United States District Court for the District of Alaska.
Hans Guttormsen, master of the schooner " Thornton," intervening for the
interest of and in behalf of J. D. Warren, owner and claimant of said schooner
" Tornton," her tackle, apparel, furniture and cargo for amended answer to the libel
of information herein, against said sohooner, her tackle, apparel, furniture and cargo,
alleges as follows:—
1. That he denies each and every material allegation in said libel of information
contained;
2. Denies that the said schooner "Thornton," her tackle, apparel, furniture,
cargo, and the property appertaining thereto, as set forth and described in said libel
of information or any part thereof became forfeited to the United States ;
3. Denies that said schooner, her captain, officers, and crew, or any one of them
were found engaged in killing fur-seal within the limits of Alaska Territory, and
within the waters thereof, in violation of section 1,956 of the Revised Statutes of the
United States, as set forth in said libel of information or at all;
4   Denies that they killed any number of fur-seal, or other fur-bearing animals
within the waters of Alaska, or the Territory of Alaska, or in any part thereof; r
32
5. That all and singular the premises herein are true.
Wherefore said master prays that this honorable court will be pleased to pronounce against the libel herein and that the same may be dismissed with costs to
the claimants to be taxed.
W. CLARK and D. A DINGLEY, Proctors for Claimant.
United States District of Alaska, ss.
Hans Guttormsen, being first duly sworn, says he is master of the schoone
u Thornton," that he has heard read the foregoing answer, and knows the contents
thereof, and that the same is true of his own personal knowledge.
H. GUTTORMSEN.
Subscribed and sworn to before ma this 22nd day of Septembar, A.D. 1886.
Andrew T. Lewis,
Clerk of the United Statis District Court for the District of Alaska.
On the 4th day of October, 1886, the motion cited p. 54 was returned with the
following indorsement: —
Sitka, District of Alaska, ss.
Be it remembered, that, in obedience to the annexed monition, I have attached
the within-described property and now hold the same in my possession subject to the
order of this honorable court;
And I have given due notice to all persons claiming said property to be and
appear before this District Court on the 4th day of October, 1886, at 10 o'clock a.m.,
if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction
thereafter, then and there to make their claims and allegations in that behalf:—
And I have caused said notice to be published, and the same has been published
in the Alaskan, a newspaper published at Sitka in said district, on the 4th day of
September, 1886, and in each issue of said newspaper subsequent thereto, until 4th
day of October, 1886.
BARTON ATKINS, Marshal, District of Alaska.
Sitka, Alaska, 4th October, 1886.
On the same day was filed the following decree:—
In the United States District Court in and for the District of Alaska,
United States of America.
United States vs. the Schooner " Thornton"—No. 50.
The marshal having returned on the monition issued to him in the above
entitled action that, in obedience thereto, he has attached the said schooner " Thornton," her tackle, apparel, boats, cargo and furniture, and has given due notice to
all persons claiming the same to appear before this court on this 4th day of
October, 1886, at 10 o'clock, a.m., at the District of Alaska, United
States of America, then and there to interpose their claims and make
their allegations in that behalf; and Hans Guttormsen, the oaptain of said
vessel having heretofore filed a claim to all of said property on behalf of
J. D. Warren, of Victoria, British Columbia, the owner thereof, and no other person having appeared, and no claims or allegations having been made or filed herein
by any other person or persons, and the usual proclamation having been made, and
said cause having been heard upon the pleadings and proofs, M. D. Ball, Esq., and
W. H. Payson, Esq., appearing as advocates for said libellant, and W. Clark as
advocate for said claimant, and said cause haviug been submitted to the court for
decision, and due deliberation being had in the premises, it is now ordered, sentenced,
and decreed as follows:—
1. That all persons whatsoever other than said claimant be, and they are, hereby
declared in contumacy and default.
I 33
e.
2. That the said schooner ' Thornton," her tackle, apparel, boats, and furniture
and her cargo of 403 fur seal skins, and  all other property found upon and appur
tenant to said schooner, be, and are hereby condemned as forfeited to the use of the
United States.
3. That unless an appeal be taken to this decree, within the time limited and
prescribed by law, and the rules of this court, the usual writ of venditioni exponas
be issued to the marshal, commanding him to sell all of the said property and bring
the proceeds into this court to be distributed according to law. Costs to be taxed
are awarded against said claimant.
Dated October 4, 1886.
LAFAYETTE DAWSON, District Judge.
Done in open court, this 4th day of October, 1886,  at Sitka, District of Alaska,
United States of America.
, Clerk.
On the same day was filed the following motion to set aside Decree:	
In the United States District Court for the District of Alaska.
United States vs. J. D. Warren and Schooner " Thornton."—Motion to set aside Decree:
Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf
of the claimants herein, and moves the court to set aside the decree rendered herein
for the reason that the evidence produced on behalf of the United States is wholly
insufficient upon which to base said decree.
W. CLARK and D. A. DINGLEY, Proctors for Claimant.
Which motion was over-ruled by the court, and on the same day was filed the
following notice of appeal:—
In the United States District Court for the District of Alaska.
United States vs. J. D. Warren and Schooner " Thornton."—Notice of Appeal.
And now come W. Clark and D. A. Dingley, proctors for and in behalf of the
claimant herein, and notifies this honourable court that they hereby appeal from the
decree rendered herein to the Circuit Court having appellate jurisdiction over this
district, and that said appeal is taken on questions of law and fact, and prays the
court for an order on its clerk to prepare a complete transcript of the record herein, as the law requires.
W. CLARK and B. A. DINGLEY, Proctors for Claimant.
M
On the 9th day of February, 1887, was entered the folowing order:—
M the matter of the United States vs. Schooner " Onward," Case No. 49 •  Schooner
" Thornton," Case No. 50; Schooner " Carolina"  Case No. 51;   Schooner " San
Diego," Case No. 52; Arms and Ammunition Schooner "Sierra" No. 57; Arms
and Ammunition Schooner '■ San Diego," No. 58.
In the above causes, upon motion of the attorney for the  United States  and
argument of counsel for the United States, and for the interveners in said causes, and
consideration by the court, it is this day ordered that writs, of venditioni exponas do
issue from the olerk of said court to the marshal of said district,   tor the sale of the
attached vessels, with their tackle, cargoes, and furniture, of whatever description,
and of the arms and ammunition attached in said causes.
And as to the said attached vessels, that the sale of the same (except the schooner
« San Diego," which shall be sold at Sitka) shall be made at Port Townsend, m the
District of Washington Territory, and as to the seal skins, part of the cargoes of said
vessels attached, that sale of the same shall be made at San Francisco, in the District-
of California, and that sale of said schooner "San Diego," and all the other attached
property be made at Sitka, in the District of Alaska. Thirty days' notice of such sale
65—3 '   34
to be given at each of the places where the same are to be made, by posting such
notice or by publication in some newspaper published at such places respectively.
And that said marshal do have the moneys arising from such sales, together
with the writ commanding the same, at a District Court of the United States for this,
the said District of Alaska, to be held on the first Monday in September, 1887, and
that he then pay the same to the clerk of said court.
Clerk's Office, United States District Court, District of Alaska,
Sitka, 10th March, 1887.
I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing transcript of the record in the case of the United States vs. the schooner "Thornton," her
tackle, apparel, &c, on libel of information, pending in said court, has been compared
by me with the original, and that it is a correct transcript therefrom and of the
whole of such original, except the full text of the exhibits referred to in the testimony therein, the purport of which only is stated, and that the purport of said exhibit is correctly stated, as the same appears of record at my office and in my custody.
Witness my hand and the seal of said court,  this 10th day of March, 1887.
(Seal.)   j      ANDREW T. LEWIS, Clerk.
No. 325.
Lord Lansdowne to Sir Henry Holland.
19th August, 1887.
Sir,—I have the honor to enclose herewith for your information copies of a
report reseived by my Minister of Marine and Fisheries from the Collector of Customs at Victoria, B.C., dated 9th instant, in regard to the seizure of the sealers
" Grace Dolphin " and " W. P. Sayward," by United S tates Revenue Cutter " Richard
Eush."
I beg to call your special attention to the deposition, enclosed in Mr. Hamley's
report, of Captain Laing, of the " W. P. Sayward." You will observe that Captain
Laing states particularly that the seals of which the skins were found on board his
vessel were not taken in the Behring Sea;
It is scaroely necessary to dwell upon the grievous hardships occasioned by
these seizures, for which, as far 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.
LANSDOWNE.
[Enclosure No. 1.]
Custom House, Victoria, B.C., 9th August, 1887.
Sir,—On the 5th instant I sent you word by telegram that three more Canadian
vessels had been seized in Behring 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 statements
in some particulars were so important that 1 thought it desirable that it should be
taken down before a notary publie and the deposition forwarded to you. I enclose
it herewith. The seizure was made on the 9th July by the master of the revenue
cutter " Rush " in Behring Sea, from 30 to 40 miles from any land. The skins 479
in number, all taken, he says, in the Pacific, were lodged in the Alaska Company's
warehouse at Oonalaska 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 35
openly on the deck of the " W. P. Sayward " that, in seizing this and the 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
forms and terms, the complaint being that they had killed fur seals in Behring 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 " was allowed out on bail in $500, and returned
last night for the trial.
I have the honor to be, sir, your obedient servant,
W. HAMLEY.
-"Hon. Geo. E. Foster, Minister of Marine and Fisheries.
[Enclosure No.2.]
I, Andrew Laing, of Victoria, mate of the British schooner 1W. P. Sayward,'*
•do solemnly and sincerely declare that I left Victoria, B.C., in the schooner " W. P.
-Sayward," on the 16th day of May, 1887, bound on a sealing voyage with a crew of
seven men and sixteen Indian hunters with eight oanoes.    We commenced sealing
•off Cape Scott on the north of Vancouver Island, and killed 479 fur seals  in the
Pacific Ocean and entered the Behring Sea on the 2nd of July, 1887, passing between
Unimak Island and the Island of the Four Mountains.   The weather was very thick
land foggy, and we did no sealing in Behring Sea in consequence.    On the 9th July
we were captured by the United States  steamer  " Richard Rush," being then from
■thirty to forty miles off the nearest land.    We were taken to Oonalaska, where we
•arrived on the 10th July^and they laid us alongside the steamer "St. Paul," belonging to the Alaska Commercial Company.    They removed the seal skins and took
them ashore to the wharf and put them in the company's warehouse, and they
resalted the skins with salt taken from our vessel.   They put au officer from the
I Rush " on board and towed us out to sea and told us to go to Sitka.   We arrived
there on the 22nd July and on the next day an investigation was held before Judge
Dawson, who bound us over to appear on the 22nd August for trial.   The vessel was
left in charge of the United States officers, and we were only allowed to remove our
clothing.    The Indians were left to find their way home as they  could; they were
about 700 miles from their villages.
I further say that when we were taken I spoke to the captain   of the | Rush |
Land told him we  had  not taken a seal  in Behring Sea; he replied that,  "I am
•sorry for you, I have to obey orders and take everything I come across in Behring
Sea."
And I make this solemn declaration by virtue of the Act passed in the 37th
year of Her Majesty's reign, intituled: " An Act for the suppression  of voluntary
and extra iudicial oaths."
J A. LAING;
Taken and declared before me at Victoria, 1
B.C., this 8th day of August, 1887.        J
M. W. Trywhitt Drake, Notary Public.
[Enclosure No. 3.]
In the District Court of the United States for the District of Alaska.
The United States ")
VSi v Information.
George R. Ferrt and A. Laing. j
District of Alaska, s.s.
George R. Ferry and A. Laing are accused by M. D. BalLUnited States district attorney for Alaska, by this information, of the crime of killing fur seals within the waters of Alaska Territory—committed as follows :—
65— 3% 36
m
The said George R. Ferry and A. Laing, on the 8th day of July, A.D. 1887,
the District of Alaska, and within the jurisdiction of this court, to wit, in the Behring
Sea within the waters of Alaska Territory, did kill ten fur seals, contrary to the
statutes of the United States in such cases made and provided, and against the peace
and dignity of the United States of America.
Dated at Sitka the 23rd day of July, 1887.
District of Alaska, s.s.
I, M. D. Ball, United States district attorney for Alaska, being duly sworn, eay
the within information is true, as I verily believe.
M. D. BALL.
Subscribed and sworn to before me this 23r<3 day of July, A.D. 1887.
H. E, HAYDON, Clerk.
By A. A. Meter,'Deputy Clerk,
[L.S.]
I certify that the within is a true copy of the information filed in the cause.
H. E. HAYDON,
Clerk.
By A. A. Meter,
Deputy Clerk.
Personally appeared before me, Montague W. Tyrwhitt Drake, notary public^
duly authorized, admitted and sworn, residing and practising in Victoria, B.C., Andrew
Laing, mate of the British schooner " W. P. Sayward," who stated that the above
written information was served upon him by Mr. M. D. Ball, on the 23rd July, 1887.
M. W. TYRWHITT DRAKE, Notary Public.
[L.S.]
No. 66.
Sir L. S. Sackville West to Lord Lansdowne.
Washington, 23rd August, 1887.
Mt Lord,—With reference to Your Excellency's telegram of the 8th instant, I
have the honor to inclose herewith for the information of Your Excellency's Government, copies of the reports of Captain Shepard of the United States cruiser " Bush,"
respecting the seizure of the British sealing vessels "Anna Beck," "Sayward,"'
* Dolphin," and " Grace."
I have, &c,
L. S. SACKVILLE WEST.
His Excellency the Marquis of Lansdowne, G.C.M.G., &o., &c.
[Enclosure No. 1.]
Mr. Fairchild to Mr. Bayard.
Treasury Department, 19th August, 1887.
Sir,—I have the honor 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 cruisers 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
enclose herewith copies of the reports of the captain of the revenue cutter " Bush ""
dated the 4th, 11th and 18th ult., reporting the seizures of the British steam schooner
" Anna Beek " on +1 !    '     '        '
the British steam
" Grace " on the 17th ultimo
on the 2nd, the British steam schooner " W. P. Sayward " on the 9th
tm s«hooner " Dolphin " on the 12th, and the British steam schooner-
I am, &c.
„,,   „        WW& C'S- FAIBCHILD, Secretary.
lhe Honorable the Secretary of State, &o„ &e., &c. [Enclosure No. 2.]
Captain Shepardt U. M R. M., to Mr. Fairchild.
United States Revenue Marine Steamer " Bush,"
Ounalaska, A. T., 4th July, 1887.
Sir,—I have the honor to report to the department the seizure on 30th June
of the schooner " Challenge," of Seattle, Washington Territory, H. B. Jones, master,
and Albert Douglas, of Seattle, W. T., President of the Douglas Fur Company.,
1 managing owner," for violations of section 1,961 R. S., they having skins of female
fur seals 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 Akantan Island, Alaska. I took
her in tow of the | Bush " 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 " Bush " for safe keeping.
The crew, consisting of fifteen men all told, were shipped at Port Townsend,
W. T., by H. Bash, United States shipping commissioner, and were found present,
excepting W. 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 2nd July, in lat. 54° 58' 00" N., and long. 157° 28' 00" W., Cape Cheerful,
Ounalaska Island, bearing S. E. £ E. 66 miles, i boarded and examined the British
steamer schooner | Anna Beck," of Victoria, B. C, Louis Olsen, master, Joe Bosquit, of
Victoria, B. C, managing owner, on a sealing voyage, and having about 334 seal
skins on board, 19 of which the captain admitted were taken in Behring 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 1,956 B. S., took her in
tow and proceeded to Ounalaska.
This vessel was seen on 30th June in nearly the same position as when we
found her, by Capt. Page of the steamer " Dora," with several boats out hunting;
seal.
I found on board a crew of 19 men all told (7 white and 12 Indians), and the
captain reported that on 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 ammunition 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 despatched Benjamin Lorenyen, 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, Lorenyen to remain at
fSitka until the arrival of the "Bush " at the end of the season*
I am, &c,
L. G. SHEPARD, Captain U.S.R.M.
The Honorable C. S. Fairchild, Secretary of the Treasury.
[Bnclosnre No. 3.]
Captain Shepard, U. S. R. M., to Mr. Fairchild.
U. S. Revenue Marine Steamer " Rush,"
Ounalaska., Alaska, 11th July, 1887.
gIR i have the honor to inform the department that on 9th July, in the
Behring Sea, lat. 54° 43'N., long. 167° 51' W., Cape Cheerful,   Ounalaska Island, I
38
and'found her to be on a sealing
taken in the
tearing S. E  true 59 miles distent, I boarded and examined the British eohooner
?%!¥. layward,.. 59-79 tons register, ofVictoria, B.C., a_eo. RFerry, »•«*-*
W. D. Warren, of Victoria, B.C., managing owner,
voyage: had been four days in the Behring Sea.
The captain reported 485 seal skins on board, 64 of which were
Behring Sea; found the vessel under short sail and one canoe and two Indians out
tUn HfrTew consisted of six white men all told, and 17 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 vesselIs papers and
seized her for violation of sec. 1,956 R. S , took her in tow and proceeded to Ounalaska, arriving at midnight. __ , ,
I have delivered the 485 seal skins found on board to the U. S. deputy marshal
at this place, and will send the vessel and her crew to Sitka, Alaska, in charge ot
one of the crew of this vessel, duly qualified as a U. S. deputy marshal, wito
instructions to deliver the vessel with her outfit, the captain and mate, to the U. b.
marshal at Sitka, on arrival at that port, and to set the crew at liberty.
I am, &e,,
L. G. SHEPARD, Captain U. S. R. M.
[Enclosure No. 4. ]
Captain Shepard, U. S. R. M, to Mr. Fairchild.
United States Revenue Marine Steamer " Bush,"
Ounalaska, Alaska, 18th July, 1887.
12th July,  in   the
Ounalaska Island,
the British steam
D. Warren, master
The vessel had been
Ten canoes and one
Sib,—I have the honor to inform the department that on
Behring Sea, lat. 51p 38' N, long. 157° 03' W., Cape Cheerful,
bearing S. E. J S., 40 miles distant, I boarded and  examined
schooner " Dolphin," 60'10 tons register, of Victoria, B. O, J.
and managing owner, and found her to be on a sealing voyage.
three days in the Behring Sea and had 618 seal skins on board.
boat were out hunting seal at the time.
From the canoes 12 or more dead seal were taken on board the schooner while
we were near her, and three skins from seal recently killed were found in the boat.
Seized the vessel for violation of section 1,956 B. S., and transferred her arms and
ammunition on board the " Rush," namely, 4 breech-loading rifles, 26 breech-loading
shot-guns, 10 muzzle-loading shotguns, 1 bomb gun, 4 revolvers, 3,404 rounds
ammunition for breech-loading rifles, 250 rounds ammunition for shotguns, 4 kegs
powder, 50 lbs. shot, and other small ammunition. Seized the 4 breech-loading
rifles and ammunition for same for violation of sec, 1,955 R. S., and sec. 4, Executive Order, paragraph 53, dated 4th May, 1887. I placed Lieutenant Dun woody in
charge, with instructions to take her into Ounalaska, where she arrived the following
day.    The crew consisted of 7 white men and 26 Indians from British Columbia.
On July 17th, in the Behring Sea, lat. 55°, 03' N., long. 168°, 40' W., Cape
Cheerful, Ounalaska Island, bearing S. E. j E., 96-miles distant, I boarded and examined the British steam schooner " Grace," 76.87 tons register, of Victoria B. C.
Wm. Petit, master, and J. D. Warren, of Victoria, B. O, managing owner, and found,
her to be on a sealing voyage; had been ten days in the Behring Sea, and had 769
seal skins on board. When boarded she had 12 canoes and one boat out hunting
Saw one seal shot and taken into the boat while we were near her.    Counted
seal.
12 seal taken on board the schooner from one canoe, and all the canoes contained
more or lees seal recently killed. The captain reported taking 90 seal during the
day, and 150 the day previous. Seized the vessel for violation of section 1,956
V'cSk' aodc,2 breech-loaaing rifles and ammunition for same for violation of section
1,905, K. S., and section 4, Executive Order, paragraph 53, dated 4th May 1887
The crew consisted of 6 white men, 24 Indians and 1 Chinaman. Placed Li
Benham m charge, and after waiting seven hours for her  canoes to return
eut.
some ot 39
whioh had been a long distance from the vessel, took her in t ow and  proceeded to
Ounalaska arriving at 9.30 this a.m.
I have delivered the seal skins from these vessels to the United States deputy
marshal at this place and will send the vessels in charge of men from this vessel
duly qualified as United States deputy marshals to Sitka to be delivered to the
United States marshal for the District of Alaska.
By request of Captain J. D. Warren, of the "Dolphin," managing owner of the
schooner " Anna Beck " (seized 2nd July, as previously reported), I will send  her
to Sitka in like manner.
Also, on 16th July, in the Behring Sea, lat. 55° 46' N., long. 170° 38' W.;
Delnoi Point, St. George Island, showing N. 30 E., 63 miles distant, I boarded and
examined the schooner " Lily L.," 63-42 tons register, of San Francisco, California, J. W. Todd, master, and C. D. Ladd, of San Francisco, managing owner, and
found her to be on a sealing voyage; at the time had three boats out, one of which
on returning to the vessel contained two seal recently killed. Captain Todd and
Mr. Ladd representing the owner, admitted they came into these waters for the purpose and had taken seal in the Behring Sea and claimed a right to do so anywhere
outside the 9-mile limit from the shore.
I seized the vessel for violation of section 1,956, Bevised Statutes. There being
only two commissioned officers on board this vessel I placed boatswain Winslow on
board the Bchooner to represent the United States and instructed her captain to take
her into Ounalaska, which he agreed to do, there being too much Bea running at the
time to undertake to tow her to that place. On her arrival I will make further
report to the department.
I am, &o,
L. G. SHEPABD, Captain.
No. 338.
Lord Lansdowne to Sir H. Tx Holland.
Quebec, 27th August, 1887.
Sir,—With reference to my despatch, No. 325, of the 19th instant in regard to
the seizure of the sealers "Grace," "Dolphin," and " W. P. Sayward," by
"°' 9" the U. S. revenue cutter "Richard Rush," I have the honor to forward
herewith copy of an approved Minute of the Privy Council of Canada, dated 23rd
inst., to which are appended copies of the following documents :—
Enclosure No. l 1. A letter from W. Hamley, Collector of Customs at Victoria,.
of No. 9. B.C., to the Minister of Marine and Fisheries.
Enclosure No. 2 2. The affidavit of Andrew Laing, mate of the seized schooner
of No. 9. " Sayward," sworn to at Victoria on the 8th August, 1887.
3. The information filed in the District Court  ot  the United
Enclosure No. 3   g^gg for the District of Alaska against the master and mate of the
of No. 9. a , , °
" Sayward.
It is requested that these papers, copies of whioh were enclosed in my despatch
above mentioned may be transmitted to the Foreign Office in order that a remonstrance may be addressed to the U. S. 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.
I have, &c,
LANSDOWNE.
Sir H. Holland.
[Enclosure No. 1.]
Cbbtipied Copy of a Report of a Committee of the Honorable the Privy Council approved
by His Excellency the Governor General in Council on the 23rd August, 1887.
On a report, dated 17th August,  1887, from the Minister of Marine and Fish-
eries,   submitting with reference to the seizure by the United States steamer 40
" Richard Bush," on the jth July last, in the Bearing
" W. P. Sayward," of Victoria, the following papers :-
Sea, of the British schooner:
Enclosure No. 1
of No. 9.
Enclosure No, 2
of No. 9.
Enolosure No. 3
of No. 9.
1. A letter from W. Hamley, Collector of Customs at Victoria,
B.C., 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
echooner " Sayward," it appears that all the seals on board the vessel were taken in
the Pacific Ocean, and before the vessel entered Behring Sea, so that even the alleged
claim on the part of the United States Government to jurisdiction in the Behring
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 " Bichard Bush," in which
he states hiB orders were " to take everything he  came across in the Behring Sea."
The Committee recommend that Your Excellency be moved to forward copies
of the annexed papers to the Bight Honorable 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 Bush," 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 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 Tour Excellency's approval.
JOHN J. MoGEE, Clerk of the Privy Council.
Sir H. Holland to Lord Lansdowne.
Downing Street, 1st September, 1887.
My Lobd,—I have the honor to transmit to you for communication to your
Government with reference to previous correspondence, a copy of a despatch from
Her Majesty's Minister at Washington, enclosing correspondence with the United
States Secretary of State relative to the recent seizure of sealing vessels in Behring
Sea, which has been received from the Foreign Office.
I have, &c,
H. T. HOLLAND.
Governor General the Most Honorable the Marquis of Lansdowne, &o.
Sir L. S. West to the Marquis of Salisbury.
Washington, 15th August, 1887.
My Lord,—In obedience to the instruction contained in Tour Lordship's telegram, No. 31 of the 10th inst., I informed the Secretary of State that three British
Columbian schooners had been seized in Behring Sea by United States cruisers 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 of February last, Her Majesty's Government had assumed that, pending
the conclusion or dincussions between the two Governments on general questions int
volved, no further seizures would be made by order of the United States Government. Copy of my note is herewith enclosed. I have likewise the honor to enclose
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 tho executive to direct the
release of the vessels mentioned in his note of 3rd February.
I have, &c,
L. S. SACKVILLE WEST.
Sir L. West to Mr.^Bayard.
Washington, 11th August, 1887.
Sir,—I have the honor to inform you that  Her   Majesty's Government have
received a telegram from the oomraander-in-chief of Her Majesty's naval forces in
the Pacifio, dated Victoria, B.C., 7ih August, reporting the seizure by United State*
cruisers of three British Columbia sealing schooners in Behring Sea a long distance
from Sitka, and that several other vessels were in  sight  being towed in.   In con-
, veying 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 of
February last, Her Majesty's Governmont had assumed that pending the conclusion
of discussions between the two   Governments on general questions involved, no>
farther seizures would be made by order of the United States Government.
I have, &c,
L. S. S. WEST.
The Hon. T. F. Bayard, &c, &c.
Mr. Bayard to Sir L. S. S. West.
Washington, 13th August, 1887.
Sir,—I have the honor 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, 7th August, reporting the seizure of three British.
Columbian sealing schooners " in Behring 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 of February last, whioh 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 11 th 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 endeavor 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 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 oases of
seizure, orders have been issued by the President's direction for the discontinuance,
of all pending proceedings, the discbarge 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 tha
subject any grounds for such an understanding as you inform me had been assumed
to exist by Her Majesty's Government.
A short time since when you called upon me and personally obtained copies of
the record of the judioial proceedings in the three cases of seizure in August last in. 42
Behring 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 wniob
induced the executive to direct the release referred to, remains  hereafter to be
ascertained, and this with as little delay as the circumstances will permit.
, I have, &c,
T. F. BAYARD.
Sir Ii. S. Sackville West.
No. 308.
Sir H. T. Holland to Lord Lansdowne.
Downing Street, 1st September, 1887.
My Lobd,—I have the honor to transmit to Your Lordship, for communication
to your Ministers, with reference to previous correspondence, a copy of a letter from
the Admiralty, with one from the Commander-in-Chief in the Pacific, respecting the
capture of the sealing schooner "Anna Beck" by an American revenue vessel in
JBehring Sea.
I have, &c,
H. T. HOLLAND.
Governor General the most Honorable the Marquis of Lansdowne, G C.M.G, &c.
"Triumph" at Esquimalt, 5th August, 1887.
(Extract).—I did not visit Sitka, thinking it as well whilst the Behring Sea
sealing question is unsettled that I should not do so.
Since my return I hear that the "Anna Beck," a sealing schooner, has been
seized by an American revenue vessel in Behring Sea, it is reported 60 miles northeast from St. George Island, but no reliable information as to the spot has yet
reached me; as scon as it does I will forward particulars.
I have, &c,
M. C. SEYMOUB, Rear Admiral and Commander in Chief.
The Secretary to the Admiralty.
[Enclosure No. 1.]
Admiralty to Colonial Office.
Admiralty, 24th August, 1887.
(Extract).—I am commanded by my Lords Commissioners of the Admiralty
"to transmit the accompanying extracts from a letter, dated 5th August, No. 127,.
from the Commander-in-Chief, Pacific, reporting the state of affairs at Metlakatla,
and the seizure of a sealing schooner named the " Anna Beck " by an American
revenue vessel in the Behring Sea.
I am, &c,
m   gg  , B. D. AWDBY.
!The Under Secretary of State, Colonial Office.
Sir Henry Holland to Lord Lansdowne.
Downing Street, 14th September, 1887.
My Lobd,— With reference to previous correspondence, I have the honor to-
acquaint you for ihe information of your Ministers, that the Marquis of Salisbury
caused to be referred to the law officers the correspondence whioh has passed respecting the seizure of the three British sealing vessels, the " Thornton," the " Carolina ""
and the " Onward " by the United States revenue cruiser " Corwin," in Behring
Sea, and that they advised that a claim for compensation might properly be made
against the United States Government. I telegraphed to you on the 7th instant that it was proposed to prefer a claim
for compensation against the United States Government, and enquiring what answer
your Ministers would suggest, but as at present advised it does not seem to me desirable to put forward the claims which accompanied your despatch N o. 9 of the 15th
of January, as some of them are apparently much exaggerated and a new issue
would be raised as to the reasonableness of the claims.-
In the meantime the Marquis of Salisbury shas addressed the despatch, of which
I enclose a copy, to Her Majesty's Minister at Washington, desiring him to communicate it to the Secretary of State.
Your Ministers will, no doubt, take this matter into consideration at the earliest,
moment.
I have, &c,
H. T. HOLLAND.
Governor General the Most Honorable the Marquis of Lansdowne, &c, &c., &c.
[Enclosure No 1.]
The Marquis of Salisbury to Sir L. West.
Fobeign Office, 10th September, 1887.
Sir,—By a despatch of the 30th October last (No. 214), the late Earl of Iddes-
leigh instructed you to call the attention of the United States Secretary of State to
the circumstances of the seizure in Behring Sea, by the American cruiser " Corwin," of some British Canadian vessels; and his Lordthip directed you to state to
Mr. Secretary Bayard that Her Majesty's Government felt sure that if the proceedings which were reported to have taken place in the United Stateb District Court
were correctly described, the United States Government would admit their illegality,
and would cause reasonable reparation to be made to the British subjects for the
WTongs to which they had been subjected and for the losses which they had sustained.
By a previous despatch of the 9th September, you had been desired to ask to
be furnished with any particulars which the United States Government might possess relative to the seizures in question; and on the 20th October you were instructed to enter a protest on behalf of Her Majesty's Government, and reserve for consideration hereafter all rights to compensation.
Nearly four months having elapsed without any definite information being furnished by the United States Government as to the grounds of the seizures, my predecessor instructed you, on the 8th June last, to express to Mr. Bayard the concern
of Her Majesty's Government at the delay, and to urge the immediate attention of
the United States Government to the action of the American authorities in their
treatment of these vessels and of their masters and crews.
On the 3rd February Mr. Bayard informed you that the record of the judicial
proceedings which he had called for was shortly expected to reach Washington, and
that, without conclusion at that time of any questions which might be found to be
involved in these cases of seizures, orders had 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.
On the 4th April, under instructions from me, you inquired of Mr. Bayard, in
view of the approaching fishing season in Behring Sea, whether the owners of
British vessels might rely when not near land on being unmolested by the cruisers-
of the United States, and you again asked when the record of the judicial proceedings
might be expected.
Mr. Bayard informed you, in reply (12th April), that the papers referred to had
reached him, and were being examined ; that there had been unavoidable delay in
framing appropriate regulations and issuing orders to the United States vessels to
police the Alaskan waters; that the Bevieed Statutes relating to Alaska, Sections
1,956 and 1,971, contained the laws of the United States in relation to the matter;
and that the regulations were being considered, and he would inform you at the 44
earliest day possible what had been decided, so that British and other vessels might
govern themselves accordingly. „ ,
In view of the statements made by Mr. Bayard in his note of the 3rd February,
to which I have referred above, Her Majesty's Government assumed 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 ot
the United States Government. They learn, however, from the contents of Mr.
Bayard's note of the 13th August, inclosed in your despatch No.
Enclosure Nos. l 245 of the 15th August, that such was not the meaning which he
ana a oi wo. it>. inteaded 8houid be attached to his communication of the 3rd
February ; and they deeply regret to find a proof of their misinterpretation of the
intentions of the United States Government from an announcement reoently received
from the commander-in-chief of Her Majesty's naval forces in the Pacific, that
several more British vessels engaged in seal hunting in Behring Sea have been
seized when a long distance from land by an American revenue vessel.
Her Majesty's Government have carefully considered the transcript of record of
the judicial proceedings in the United States District Court in the several oases of
the schooners "Carolina," "Onward " and "Thornton," which were communicated
to you in July, and were transmitted to me in your despatch No. 196 of the 12th of
that month, and they oannot find in them any justification for the condemnation of
those vessels.
The libels of information allege"that they were seized for killing fur seal within
the limits of Alaska "Territory, and in the waters thereof, in violation of section 1,956
of the Bevised Statutes of the United States ; and the United States Naval Commander Abbey certainly affirmed that the vessels were seized within the waters of
Alaska and the Territory of Alaska ; but according to his own evidence they were
seized 75, 115 and 70 miles respectively, south south-east of St. George's Island.
It is not disputed, therefore, that the seizures in question were effected at a
distance from land far in excess of the limit of maritime jurisdiction whioh any
nation can claim by international law, and it is hardly necessary to add that such
limit cannot be enlarged by any municipal law.
The claim thus set up appears to  be founded on the exceptional title said to
have been conveyed to the United States by Bussia at the time of the cession of the
Alaska Territory.   The pretension which the Bussian Government at one time put
forward to exclusive jurisdiction over the whole of Behring Sea was, however,
never admitted either by this country or by the United States of America.    On the
contrary, it was strenuously resisted,  as I shall presently show, and the American
•Government can hardly claim to have received from Bussia rights which they
declared to be inadmissable when  asserted  by the Bussian Government.   Nor does
It appear from the text of the Treaty of 1867 that Bussia either intended or purported
to make any such grant; for, by article 1 of that instrument, Bussia agreed to cede
to the United States all the territory and dominion then possessed by Bussia " on the
continent of America and in the adjacent islands " within certain geographical limits
described, and no mention was made of any exclusive right over the waters of
Behring Sea.
Moreover, whatever rights as regards their respective subjects and citizens may
be reciprocally conferred on the Bussian and American Governments by treaty
stipulation, the subjects of Her Majesty cannot bo thereby affected, except by special
arrangement with this country.
With regard to the exclusive claims advanced in times past by Bussia, I transit to you documents communicated to the United States Congress by President
Monroe in 1822, whioh show the view taken by the American Government of these
pretensions.
In 1821 the Emperor of Bussia had issued an edict establishing " Bules for the
limits of navigation and order of communication along the coast of the Eastern
Siberia, the north-western coast of Amerioa, and the Aleutian, Kurile and other
islands. • ««*«* 45
1
The first section of that edict said: " The pursuit of commerce, whaling and fishery, and of all other industry on all islands, ports, and gulfs, inoluding the whole ot
the north-west coast of America, beginning from Behring Straits to the 51st degree
of northern latitude; also from the Aleutian Islands to the eastern coast of Siberia,
as well as along the Kurile Islands from Behring Sea to the south cape of the
Island of Arup, viz., to the 45° 50' of northern latitude, is exclusively granted to
Bussian subjects;" and section 2 stated: "It is, therefore, prohibited to all foreign
vessels not only to land on the coast and islands belonging to Bussia, as stated above,
but also to approach them within less than 100 Italian miles. The trangressor's
vessel is subject to confiscation, along with the whole cargo."
A copy of these regulations was officially communicated to the American Secretary of State by the Bussian Minister at Washington, on the 11th February, 1822,
whereupon Mr. Quincy Adams, on the 25th of that month, after informing him that
the President of the United States had seen with surprise the assertion of a territorial claim on the part of Bussia, extending to the 51st degree of north latitude on
the American continent, and a regulation interdicting to all commercial vessels other
than Bussian, upon the penalty of seizure and confiscation, the approach upon the
high seas within 100 Italian miles of the shores to which that claim was made to
apply, went on to say that it was expected before any Act whioh should define the
boundary between the territories of the United States and Bussia, that the same
would have been arranged by treaty between the parties, and that " to exclude the
vessels of American citizens from the shore beyond the ordinary distance to which
territorial jurisdiction extends, has excited still greater surprise;" and Mr. Adams-
asked whether the Bussian Minister was authorized to give explanations of the
" grounds of right, upon principles generally recognized by the laws and usages of
nations, whioh can warrant the claims and regulations."
The Bussian Minister in his reply, dated the 28th February, after explaining
how Bussia had acquired her possessions in North America, said :—
" I ought in the last place to request you to consider, sir, that the Bussian
possessions in the Pacific Ocean extend on the north-west coast oi America, from
Behring Straits to the 51st° of north latitude, and on the opposite side of Asia and
the islands adjacent from the same strait to the 45th°. The extent of sea of which
fhese possessions form the limits comprehends all the conditions which are ordinarily
attached to shut seas (mers fermees), and the Bussian Government might consequently judge itself authorized to exercise upon this sea the right of sovereignty, and
especially that of entirely interdicting the entranoe of foreigners; but it preferred
only asserting its essential rights without taking advantage of localities."
On the 30th March, Mr. Adams replied to the explanations given by the Bussian
Minister. He stated that, with respect to the pretension advanced in regard to territory, it must be considered not only with reference to the question of territorial
rights, but also to that of prohibition to the vessels of other nations, including those of
the United States, to approach within 100 Italian miles of the coasts; that from the
period of the existence of the United States as an independent nation their vessels
had freely navigated these seas, the right to navigate them being a part of that
independence; and with regard to the suggestion that "the Bussian Government
might have justified the exercise of sovereignty over the Pacific Ocean as a close
sea, because it claims territory both on its American and Asiatic shores, it may
suffice to say that the distance from shore to shore on this sea in latitude 51° norfih
is not less than ninety degrees of longitude or 4,000 miles." Mr. Adams concluded
as follows: " The President is persuaded that the citizens of this Union will remain
nnmolested in the prosecution of their lawful commerce, and that no effect will be
given to an interdiction manifestly incompatible with their rights."
The convention between the United States and Bussia of the 17th April,
1824, put an etd to any further pretension on the part of Bussia to restrict navigation or fishing in Behring Sea, so far as American citizens were concerned ; for by-
article I it was agreed that in any part of the Great Ocean, commonly called the
Pacific Ocean or South Sea, the respective citizens or subjects of the high contract- 46
ing powers shall neither be disturbed nor restrained, either in navigation nor fishing,
saving certain restrictions whioh are not material to the present issue ; and a similar
stipulation in the convention between this country and Bussia in the following year
•(15th May, 1825), put an end, as regarded British subjects, to the pretensions of
Bussia, to which I have referred, and which had been entirely repudiated by Her
Majesty's Government in correspondence with the Bussian Government in 18^1 ana
1822, whioh for your more particular information I enclose herein.
Her Majesty's Government feel sure that in view of the considerations whioh 1
have set forth in this despatch, whioh you will communicate to Mr. Bayard, the
•Government of tne United States will admit that the seizure and condemnation ot
these British vessels, and the imprisonment of their masters and crewd, was not
warranted by the circumstances, and that they will be ready to afford reasonable
compensation to those who have suffered in consequence, and issue immediate instructions to their naval officers which will prevent a recurrence of these regrettable
inoidents.
I am, &c.,
SALISBURY.
Sir H. T. Holland to Lord 'Lansdowne.
Downing Street, 16th September, 1887.
My Lord,—I have the honor to transmit to you, for communication to Your
Lordship's Ministers, copies of despatches from Her Majesty's Minister at Washington, respecting the seizure of British Columbian vessels in Behring Sea whioh have
been received from the Foreign Office.
I have, &c,
H. T. HOLLAND.
Governor General, the Most Honorable the Marquis of Lansdowne, G.C.M.G., &e.
[Enclosure No. 1.]
Sir L. West to the Marquis of Salisbury.
Washington, 20th August, 1887.
My Lord,—It would appear from reports of Captain Shepard, of the United
•States revenue cutter "Bush," 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 (Pribyloo 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 pass regularly through the channel whioh separates the Island of Ouna'laska
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 manner is in violation of section
1,956 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 protection of these valuable animals on their passage to the breeding grounds
the genus, as in the case of beaver, will gradually become'extinct '
IV' . " is ».known fa^ that few, if any, seals pass outside the Island of Ounalaska to
their breeding grounds, whioh exist only on the Pribyloo Islands and that their
passage is as regular as their breeding season.
I have, &o.,
L. S. S. WEST. 47
[Enclosure No. 2.]
Sir L. West to the Marquis of Salisbury.
Washington, 22nd August, 1887.
My Lord,—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,"
3Ca°nd4eof'He. lb!'"Dolphin " and  "Grace,"  copies of which I have the honor to
enclose to Your Lordship herewith.
The State Department is not in possession of any further information.
I have, &c,
L. S. SACKVILLE WEST.
P. S.—I have communicated copies of Captain Shepard's reportsjto the Governor
General of Canada.
L. S. S. W.
Lord Lansdowne to Sir Henry Holland.
(Telegram.)
23rd September, 1887.
I understand that after Mr. Bayard's announcement of the 3rd February respecting Behring 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. My Government trusts the facts
will be enquired into.
No. 372.
Lord Lansdowne to Sir H. T. Holland.
Quebec, 26th September, 1887.
Sir,—In continuation of my despatch No. 838 of the 27th of August, and in
f„ reference to previous correspondence, I have the honor to enclose herewith
I  °'     '   a copy of an approved Minute of the Privy Council of Canada, dated 21st of
•September, 1887, covering copies of a report of my Minister of Marine and Fisheries relating to the seizure and detention of the Canadian sealing schooner " Alfred
Adams," and of other Canadian sealing vessels by the United States authorities in
|the Behring Sea.
The letter directed to the United States District Attorney at Sitka, marked " D "
in the Minister's report, which came into the possession of my Government under
the circumstances described in the declaration of Captain Dyer, of the " Alfred
Adams," has been forwarded, together with copies of the papers, to Her Majesty's
Minister at Washington.
The circumstances under which the " Adams " was seized do not differ materially
from those attending previous seizures in the same waters. I have already laid
before you the reasons which have led my Government to protest agiinst the
assumption that the statutes under which other seizures, and I presume this also,
have been made. Statutes governing the conduct of persons fishing within " the
territory of Alaska" or "in the waters thereof" [vide U. S. Bevised Statutes,
1,955-1,956J are applicable to the whole of the waters of the Behring Sea; and in
cases where, as in those under discussion, the vessels seized were found fishing at a
great distance from the nearest land.
I trust that the earnest attention of Her Majesty's Government will be given to>
the statements contained in the Minister's report. No satisfactory explanation has
yet been given of She action of the United States Government subsequent to Mr.
Bayard's announcement of 3rd February, of the present year, when it was stated by
Ip 48
him to Her Majesty's Minister at Washington, that "orders had 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 m connection
therewith." ., .      ,     ,
You will observe from Mr. Foster's recapitulation of the evidence which he has
been able to collect and the documents attached to his report that an impression pre-
vails upon the spot to the effect that orders such as those described by Sir L. West,
were actually issued from Washington. There appears at all events to be some reason for believing that a telegram authorizing the release of the vessels then under
detention was in fact received by the district judge, and that instructions were
thereupon issued by him for the purpose of carrying out these orders. The circumstances under which those instructions are said to have been subsequently rescinded
~by the district judge have not unnaturally given rise to the gravest suspicion.
The Minister has called attention with great force m his report to the injury
sustained by persons engaged in the sealing industry from the suspense and uncertainty in which they have been kept during the past year owing to the refusal of the
United States Government to give any explicit assurances as to the treatment which
they might expect at its hands.
I have, &c;,
LANSDOWNE.
The Eight Honorable Sir H. Holland, &c, &c. &o.
[Enclosure No. 1.]
Certified Copy of a Report of a Committee of the Honorable the Privy Council, approved
by His Excellency the Governor General in Council on the 21st September, 1887.
The Committee of the Privy Council have had under consideration the annexed
report of the Minister of Marine and Fisheries with reference to the seizure and
detention of Canadian sealing vessels by the United States authorities in Behring
Sea.
The Committee eoncur in the said report, and they advise that Tour Excellency
be moved to transmit a copy of this Minute and the annexed papers to the Bight
Honorable the Secretary of State for the Colonies.
All which is submitted for Tour Excellency's approval.
JOHN J. McGEE, Clerk Privy Council.
[Enclosure No. 2.]
Ottawa, 15th September, 1887.
With reference to previous correspondence concerning the seizure and detention
of Canadian sealing vessels by the United States authorities in Behring Sea, the
Minister of Marine and Fisheries begs to submit for the consideration of His Excellency the Governor General in Counoil the following papers: —
(a.) A letter from Collector Hamley, of Victoria, B.C., dated 1st September,
1887, enclosing certain papers in reference to the seizure of the Canadian sealing
schooner " Alfred Adams " in Behring Sea;
(6.) The declaration of William Henry Dyer, of Victoria, B.C., master of the
Canadian schooner " Alfred Adams ";
(c.) A certificate of seizure of the " Alfred Adams " signed by L. G.   Shepard
captain of the United States revenue   steamer " Bush " •
(d.) A sealed and unopened letter directed to the United States district attorney
and the United States marshal, Sitka, Alaska.
(«.) A letter from Collector Hamley, of Victoria, B.C., dated 26th July, relating
to the detention of the Canadian schooners " Onward," " Carolina " and " Thornton * \
seized in August, 1886, by the United States cutter " Corwin " in Behring Sea *
(JO Copy of a telegram and order purporting to be from the United States
Attorney General and Judge Dawson respectively, relating to the release of the above
named vessels; and Ej&$«|
v 49
(gr.) A letter, dated 3rd September, 1887, from the law firm of Drake, Jackson
-& Helmoken, of Victoria, containing additional information relating to the same.
From the above mentioned papers, it appears that on the 6th of August, 1887,
the Canadian schooner " Alfred Adams," whilst engaged in catching seals in the
open sea, more than fifty miles distant from the nearest land, was forcibly seized by
an armed vessel of the United States, her ship's papers taken, her cargo of seal
skins, thirteen hundred and eighty-six (1,386) in number, together with all her arms,
ammunition and fishing implements transferred to the United States cutter, and her
captain ordered to proceed with sealed orders to Sitka and to deliver himself, his
vessel and men, into the hands of the United States marshal at that place.
This treatment of the " Alfred Adams," whilst peaceably pursuing her lawful
calling on the high seas, is but a repetition of the unjustifiable seizures of Canadian
vessels made by the United States authorities in Behring Sea, and which have been
dealt with at length in previous reports to Council.
The Minister, therefore, does not consider it necessary in  this instance to traverse the ground already so fully covered and recommends that a copy of this report,
with the papers attached, be forwarded to Her Majesty's'Government for their earnest
and immediate consideration, and that a copy thereof be sent to the British Minister
at Washington, together with the sealed letter given by Captain Shepard to the
master of the " Adams,"  with the request  that it  be forwarded to Mr. Secretary
Bayard.    With reference to the attached papers " E," " F " and " G," the Minister
observes that, ftom the first, " E," it appears that inquiries made by the Collector of
Customs at Victoria, B.C., in July last, resulted in his obtaining the information that
Judge Dawson had, up to that date, receive!  no orders for the release of the Canadian sealing vessels seized in 1886, that the vessels had not been sold and remained
still under seizure, and that Judge Dawson when questioned as tothe report that a
telegram had been sent to him by the Attorney General of the United States ordering the release of the vessels, had  replied  that he had heard of this report before
but that nothing of the kind had reached either himself or the United States marshal at Sitka.    The paper marked " F " purports to be a copy of a telegram dated
26th January, 1887, from  the United States Attorney-General Garland  to Judge
Dawson ordering him to release the vessels seized in August preceding, and of order
founded thereon from Judge Dawson to the United States marshal at Sitka,  bearing
date 19th February,   1887, directing  him to release the " Carolina," " Onward,"
" Thornton," and " San Diego " together with all their tackle, apparel, skins, guns,
ammunition, small boats and everything pertaining to said vessels.   The third paper
marked " G " is a copy of a letter from the law firm of Drake, Jackson & Helmcken,
of Victoria 'B.C., to the Minister of Justice, informing him that they are advised that
a telegram was received by Judge Dawson from the United States Attorney General
ordering the release of the vessels above referred to, that Judge Dawson did issue an
order accordingly, but that he afterwards rescinded the order on the assumption that
the telegram was a forgery and that since "no official letters of any sort, either
eonfirming the telgram or respecting the affair hag been received at Sitka.
The Minister observes that if the information conveyed in the above mentioned
papers is correct, of which there appears no reasonable doubt, it reveals a state ot
affairs by no means satisfactory. \
On the 3rd of February, 1887, Mr. Secretary Bayard informed the British Minister at Washington, that " orders have been issued, by the President s direction, for
Se discontinuance of all pending proceedings, the discharge of the vessels referred
to and the release of all persons under arrest in connection therewith. A telegram
in accordance with Mr. Bayard's communication appears to have been sent to
Alaska%nd an order based thereon to have been issued by the district judge but to
have been afterwards rescinded, and no further action has been taken up tojdate of
latest information. Meanwhile the vessels remain under seizure the seal skins are
forfeitTanTthe property of Canadian citizens forcibly withheld from them under
circumstancas-which involve vary great loss and damage.
65—4 50
The Minister further observes that, with a view of guiding the action of Canadian citizens interested in sealing in the northern seas, repeated attempts were
made previous to the commencement of the present season to obtain an official expression from the United States Government of the policy they proposed to pursue
in their treatment of fpreign vessels sealing in Behring Sea, but that these efforts
proved altogether unavailing. Prom Mr. Bayard's communication of 3rd February,
1887, above referred to, the fair inference, however, was to be drawn that, until the
question in dispute between the two Governments as to the legality of the previous
seizures had been finally disposed of, no further seizures wou'd be made. And there
is no doubt that on the strength of this communication and in the absence of any
explicit statement of policy to the contrary, Canadian citizens did, in the beginning
of the present season, embark upon their customary sealing expeditions to Behring
Sea, under the reasonable impression that they would not be interfered with by the
United States authorities, so long as they conducted their operations in the open
sea, only however to find their vessels seized, their property confiscated, and their
ventures completely ruined.
It is respectfully submitted that this condition of affairs is in the highest degree
detrimental to the interests of Canada, and should not be permitted to continue. For
nearly two years Canadian vessels have been exposed to arbitrary seizure and confiscation in the pursuit of a lawful occupation upon the high seas, and Canadian
citizens subjected to imprisonment and serious financial loss; while an important
and remunerative Canadian industry has been threatened with absolute ruin. This
course of action has been pursued by United States officers in opposition to the contention in the past of their Government in regard to the waters in which these
seizures have taken plaoe, in violation of the plainest dictates of international law
and in the face of repeated and vigorous protests of both the Canadian and British
Governments.
The Minister advises that Her Majesty's Government be again asked to give
its serious and immediate attention to the repeated remonstrances of the Canadian
Government against the unwarrantable action of the United States in respect to
Canadian vessels in Behring Sea, with a view to obtain a speedy recognition of its.
just rights and full reparation for the losses sustained by its citizens.
The whole repectfully submitted.
GEO. E. FOSTEE, Minister of Marine and Fisheries.
[Enclosure No. 3a ]
Hon. Mr. Hamley to Hon. Mr. Foster.
Custom House, Victobia, 1st September, 1887.
Sir,—On the 7th August, the master of the United States revenue cutter
«Bush" seized in Behring Sea, 60 miles from any land, the Canadian schooner
" Alfred Adams."—Her register, clearance, guns and ammunition and the seal skins
she had taken (1,386) were all taken from her and the vessel herself ordered to Sitka.
No one from the revenue cutter was put on board by Captain Shepard, and the master of the " Alfred Adams" instead of going as he was desired to Sitka, returned to
Victoria, arriving here 31st August. I forward the master's deposition before a
notary public and what Captain Shepard is pleased to term a certificate of the
schooner's seizure signed by himself. Mr. Drake, a solicitor, is at Sitka waiting
for the case to be heard in court; the trial was delayed for the arrival of the "Bush "
and she was expected about the beginning of this month. Mr. Drake will no doubt
report direct to the Minister of Justice. ' '
I have the honor to be, Bir, your obedient servant
W. HAMLET.
I enclose also a sealed letter addressed by Captain Shepard  to the district
attorney and United States marshal, at Sitka, whioh the master of the "Alfred 51
Adams" brought down with him and which you can deal with in any way you think
E    „ , W.HAMLET.
The Honorable Geo. E. Foster, Minister of Marine.
[Enclosure No. 45.]
Declaration of W. H. Dyer.
In the matter of the seizure of the sealing schooner " Alfred Adams " by the
United States revenue cutter " Bichard Bush."
I, William Henry Dyer, of Victoria, B.C., master mariner, do solemnly and
sincerely declare that:—
1. 1 am the master of the schooner " Alfred Adams," of the port of Victoria,
British Columbia, engaged in the business of catching seals. On the 6th of August,
1887, while on board the said schooner and in command of the same, being in latitude 54° 48' N. and longitude 167° 49' West, the United States revenue cutter
I Bichard Bush " steamed alongside, lowered a boat commanded by the first lieuten-
ant and boat's crew. The said lieutenant came on board the said " Alfred Adams |
and ordered me to take the ship's register, log-book, articles and all other of the
ship's papers on board the " Bichard Bush." In obedience to his command I took
all said papers and accompanied the said lieutenant on board the " Bush." When I
arrived on board the " Bush " the captain of the " Bush " asked me what was my
business in the Behring Sea. I replied taking seals. He enquired how many skina
I had. I replied 1,386. He then said he would seize the ship, take the skins, arms,
ammunition and spears. I stated I did not think the ship was liable to seizure, as
we had never taken a seal within 60 miles of Ounalaska nor nearer St. Paul's than tO
miles south of it, and that we had never been notified that the waters were prohibited
unless landing and taKing them from the Island of St. Paul's. He stated he must
obey the orders of his Government, and that our Government and his must settle th©
matter, and ordered me to proceed on board the said schooner and deliver up my •
arms, ammunition, skins and spears. He sent two boats belonging to the " Bush "
in charge of the first and second lieutenant of the " Bush " respectively, and manned
; with sailors from the " Bush," who came on board the said schooner (I returning in
company with the first lieutenant). They took from the said schooner 1,386 (thirteen hundred and eighty-six) skins, four kegs of powder (3 triple F and 1 blasting
powder), 500 (five hundred) Bhells, three cases cf caps and primers, nine breech-
{loading double-barrelled shot guns, one Winchester rifle, all in good order, and twelve
Indian spears, and he then gave me a sealed letter addressed to the United States
; marshal and United States district attorney at Sitka; he also gave me an acknowledgment of the goods taken and also gave me a certificate that the said schooner
was under 6eizure,and after being alongside for about three and a half hours, I received
orders in writing to proceed to Sitka and report to the United States district attorney
and marshal.    We then parted company.   My crew consisted of myself, mate, two
"seamen, one Chinese cook and twenty-one (21) Indians. Previous to the said seizure
we had spoken the schooner " Kate," of Victoria, and had been informed by the mate
of that vessel that the crews (and particularly the Indians) taken to Sitka on
schooners previously seized had been very badly treated. The Indians became very
mutinous on learning that we were to proceed to Sitka and report to the United
States authorities, and declared they would not go to Sitka, and to avoid trouble I
came to Victoria instead of going to Sitka.   I arrived in Victoria on the 31st August,
1887, at about 7 p.m.
And I make this solemn declaration conscientiously believing the same to be
true, and by virtue of the Oaths Ordinance, 1869.
' y W. H. DYBB.
Deolared before me this 1st day of ~\
September, 1887, at Victoria, V
British Columbia. J
H. Dallas Helmcken, a Notary Public in
and for the Province of British Columbia.
65—41
■■
1 , )J
52
[Enclosure No. 6c]
Certificate of Seizure.
United States Bevenue Steamer " BasH,'
Behring Sea, 6th August, 1887.
To whom it may concern ;
This will certify that I have this day seized the British schooner " Alfred
Adams," of Victoria, B.C., Captain W. H. Dyer, master, for violation of law, and
have taken charge of his ship's papers, viz : Begister, shipping articles, clearance
bill of health and log book; also her arms and seal skins.
Very respectfully,
L. G. SHEPABD, Captain U.S.R.M.
[Enclosure No. 6e ]
Hon. Mr. Hamley to Hon. Mr. Foster.
Custom House, Victoria, 26th July, 1887.
fDEAR Sir,—Captain Carroll, master of the American steamer "Olympian," has
been taking parties of excursionists to Sitka, and I asked him to see the judge, Mr.
Dawson, and find out something we could trust respecting the seized vessels.
Dawson told him he had received no orders whatever for the release of the vessels ;
they have not been sold, and remain as they were, under seizure. Captain Carroll
told Dawson of the telegram, dated last January, purporting to have been sent by
Mr. Garland, Attorney General at Washington, in the President's name, ordering
the vessels to be released. Dawson said he had heard of it before, and that it must
have been, as he termed it, a " put up thing," as nothing of the kind had reached
either himself or the United States marshal at Sitka.
The serious part is, that our people trusting to the story of the order for release,
have sent thirteen vessels again this year to the sealing grounds—one has been
seized already, and if the others fall in the way of the revenue cutters they will
probably be seized also. I may perhaps hear something more from the Admiral
when he returns from Alaska, and if so I will write to you again*
Tours very truly,
W. HAMLET.
To the Honorable Geo. E. Foster, &c, &c.
[Enclosure No. 7/.]
Attorney General to Judge Dawson.
Washington, D.C., 26th January, 1887.
To Judge Lafayette Dawson and M. D. Ball, United States District Attornev
Sitka, Alaska: J'
I am directed by the President to instruct you to discontinue any further proceedings in the matter of the seizures of the British vessels "Carolina" "Onward"
and I Thornton," and discharge all vessels now held under such seizure and release
all persons that may be under arrest in connection therewith.
A. H. GABLAND, Attorney General.
[Enclosure No. 8/. ]
Judge Dawson to United States Marshal.
To Barton Atkins, United States Marshal for the District of Alaska :
! ™ Tou are hereby directed to release the vessels 1 Carolina " « Onward » and
"Thornton," and "San Diego," which were seized in Behring Sea for vSatton of
section (1,956),   United States statutes, together with their fack?e  Zwll  bM*b
daT^pZuary^S? P *"****« Pertai*inS *> "id vessel  this  19th i
LAFATETTE DAWSON, District Judge, District of Alaska. [Enclosure No. Sty.]
Messrs Drake, Jackson, & Helmcken to Minister of Justice.
Victoria, B.C., 3rd September, 1887.
Sir,—We have the honor to inform you that we are in receipt of a letter from
our Mr. Drake, written from Sitka under date 28th August, in which he states that
a telegram was received at Sitka, relative to the schooners seized last year, from
the United States Attorney General Garland, directing their release and discharge
of the men. The judge gave an order accordingly which was afterwards rescinded
on the assumption that the telegram was a forgery. No official letter of any sort
either confirming the telegram or respecting the affair has been received at Sitka.
The schooners now seized and at Sitka are the " Anna Beck," "W. P. Sayward,"
I Dolphin," and " Grace." The " Alfred Adams," was also seized. The trial of the
present men, Mr. Drake states, would not take place until after the arrival of the
revenue cutter " Bush " ; also that judging from the past and the views held by the
court, the result would most probably be the same and urges that immediate steps
should be taken to prevent the imprisonment of the masters, and that he would
obtain declarations from the masters duly certified, and enter a protest at the trial.
The " Bush " was not expected at Sitka until yesterday,
Begarding the seizure of the " Alfred Adams," we have to state that that
schooner has arrived here safely. The declarations of her captain, Dyer, and his men
have been duly taken, which her owners, Messrs. Guttman & Frank of this city yesterday handed to Hon. Mr. Hamley, Collector of Customs, together with a sealed letter
which the commander of the " Bush " banded to Captain Dyer to be delivered to the
district attorney at Sitka. These papers no doubt Mr. Hamley has already forwarded
to the proper department.
We have since forwarded a copy of this information to the Bight Honorable Sir
John A. Macdonald, K.C.B.
We have, &o.,
DBAKE, JACKSON & HELMCKEN.
The Honorable J. S. D. Thompson, Minister of Justice, Ottawa.
Deputy Minister of Justice to Deputy Minister of Fisheries.
[Enclosure No. 10.]
Department op Justice, Canada, Ottawa, 12th September, 1887.
Sir,—I have the honor to enclose for your information a copy of a letter which
has been received by the Minister of Justice from Messrs. Drake, Jackson &
Helmcken, in which they report with referenoe to the sealing vessels which have
been seized in the Behring Sea by the United States authorities.
I am to state that the Minister of Justice has taken no action with respect to
this communication, but that he is of the opinion that the Minister of Marine and
Fisheries should at his earliest convenience take steps to communicate the substance
thereof to the Colonial Office and to the British Minister at Washington.
I have, &c,
GEO. W. BUBBIDGE,
The Deputy Minister of Fisheries, Ottawa. L). M. J.
Lord Lansdowne to Sir L. S. West.
Citadel, Quebec, 26th September, 1887.
Sir,—With reference to previous correspondence I  have the honor to forward
herewith for your information a copy of an approved Minute of the Privy Council ot
Canada, dated 21st inst., covering copies of a report of my Minister of Marine and
Fisheries aod other papers relating to the seizure and detention
Enclosures of No. 22.    of the Canadian sealing  schooner " Alfred Adams "  and other
Canadian vessels by the United States authorities in Behring Sea. !—I
f
54
The sealed letter addressed to the United States district attorney and United
States Marshal at Sitka, Alaska, came into the possession of my Government under
the circumstances described in the statutory declaration of Captain Dyer, of tne
gj Alfred Adams." I shall be much obliged if you will have the goodness to cause
the letter to be forwarded to Mr. Secretary Bayard. I should add by way of explanation that the envelope of the letter which is described by the Minister m his
report as " sealed and unopened,"  appears to have  been worn  through at one end
during the transmission of the papers by post. „,,,.„
6 v F       | y LANSDOWNE.
The Honorable L. S. Saokville West, K.C.M.G.
Sir H. Holland to Lord Lansdowne.
Downing Street, 2'9th September, 1887.
My Lord,—I communicated on 27th inst. to the Secretary of S'.ate for Foreign
Affairs, copies of your Lordship's despatches Nos. 325 and 338 of the 19th and 27th
of August, respectively, relating to the seizure in Behring Sea by a United States
revenue cutter of the British Columbian vessels "Grace," " Dolphin" and "W. P.
Sayward."
I now have the honor to transmit to you for the information! of your Ministers,
a copy of a letter from the Foreign Office, enclosing a copy of a despatch which the
Marquis of Salisbury has addressed upon this subject to Her Majesty's Minister at
Washington.
I have, &o,
H. T. HOLLAND.
Governor General, the Most Honorable the Marquis of Lansdowne, G.C. M.G., &c.
[ Enclosure No. 1.]
Foreign Office to Colonial Office.
Foreign Office, 27th September, 1887.
Sir,—I laid before the Marquis of Salisbury your letter of the 15th instant, en- j
closing despatches and other papers received from the Government of Canada, relative to the seizure in Behring's Sea by the United States revenue cutter  " Bichard
Bush," of the British Columbian vessels, the " Grace," tho  " Dolphin " and the " W
P. Sayward."
Lord Salisbury has instructed Her Majesty's Minister at Washington to make
representations to the United States Government in regard to these cases, in connection with those of the " Carolina," " Onward " and " Thornton;" and His Lordship
has directed Sir L. West to call attention to the tact that in the case of the " W. P.
Say ward" according to her mate's deposition no seals were taken by her crew in
Behring Sea, as is alleged in the libel of information filed in the United States District Court.
I enclose a copy of the despatch addressed to Sir L. West for the information of
Secretary Sir H. Holland.
I have, &c,
W. P CUBBIP
The Under Secretary of State, Colonial Office,
[Enclosure No. 2.]
Lord Salisbury to Sir L. S. West.
Foreign Office, 27th September, 1887.
Sir,—I transmit to you herewith copies of two despatches No   325  iqth and
No   338, 27th, ultimo, addressed to Her Majesty's Secretary of Stafe for  he Colonies
by the Governor General of Canada, forwarding papers relative to the seizure Sj Behring Sea by the United States revenue cutter " Bichard Bush, " of three British
Columbian 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 crew.
Tou 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 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,
SALISBURT.
The Hon. Sir L. S. West, K.C.M.G., &c, &.c,
Sir H. Holland to Lord Lansdowne.
Downing Street, 29th September, 1887.
My Lord,—I have the honor to acquaint you that I duly communicated to the
Secretary of State for Foreign Affairs, your telegraphic message of the 2hrd instant,
No 21 reporting that the vessels seized in  Behring's Sea last year were
still detained by the United States authorities.
I have now to transmit to you for communication to your Ministers a copy of a
despatch which Lord Salisbury has addressed to Her Majesty's Minister at Washington, dated 27th instant, directing him to enquire the reason why these vessels have
not been released.
I have, &o.
H. T. HOLLAND.
Governor General the most Honorable the Marquis of Lansdowne, &c, &c, &c.
[Enclosure No. 1.]
Lord Salisburry to Sir L. West.
Foreign Office, 27th September, 1887.
Sir,—I transmit to you, for your information, a copy of a letter from the
Colonial Office, dated 24th instant, enclosing 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 No. 34 of the 4th February last have
not yet been released.
In his note of the 3rd February, enclosed 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 enquire the reason why the
directions of the President, as above quoted, have not been carried out.
I am, &c,
S1LISBUBT.
[Enclosure No. 2.]
Colonial Office to Foreign Office.
Downing Street, 24th September, 1887.
Sir —With reference to your letter of the 12th August last, and to recent corres-
Bnclosure No. I.   pondence, I am directed by Secretary Sir Henry Holland, to transmit
of No 8 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, 56
relating to the question of the release of the British Columbia sealing-
No- M       vessels seized by the United States authorities in Behring 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 tne
TJnited States Government in order that a reply may be sent to the Governor General,
I am, &c,
JOHN BBAMSTON.
Sir H. Holland to Lord Lansdowne.
Downing Street, 8th October, 1887.
My Lord,—I have the honor to transmit to you for the information of your Government, with reference to previous correspondence, a copy of a despatch from Her
Majesty's Minister at Washington, dated the 23rd ult., on the subject of Behring Sea
seizures and to the question of brirging before the Fisheries Commission the Alaska
eeal fishery question.
I have, &c,
JOHN BBAMSTON,
For the Secretary of State.
Sir L. West to the Marquis of Salisbury.
Bbitish Legation, Washington, 23rd September, 1887.
My Lord,—I have the honor to acknowledge the receipt of Tour Lordship's
despatch, No. 219, of the 10th instant, and to inform Tour Lordship that I communicated it this day to the Secretary of State and at his request left a copy of it in his
hands.
I have, &c,
The Marquis of Salisbury, E.G., &c,
L. S. WEST.
No. 81.
Sir L. S. West to Lord Lansdowne.
Washington, 14th October, 1887.
My Lord,—With reference to my telegram of this day's date I have the honor to
enclose to Tour Excellency copy of a note which I have received from the Secretary
of State expressing regret that the misconcepiion which has arisen of the intentions
and orders of the President for the release of the British schooners " Onward,"
"Carolina" and "Thornton" should have delayed their prompt execution and
stating that renewed orders have been forwarded.
I have, &Ci,
m  „ L S. SACKVILLE WEST.
JHis Excellency the Marquis of Lansdowne, G.C.M.G., &c.
[Enclosure No. 1.]
Mr. Bayard to Sir L. S, West.
Department of State, Washington, 13th October, 1887.
Sir,—Continuing my reply to your note of the 29th ultimo, enauiring the reason
tor the delay in complying with the order issued in January last, for the release of
British vessels seized last year in Behring Sea, I beg leave to inform you that I have
this day received a communication from my colleague, the Attorney General informing me that his telegram to the United States marshal at Sitka, of 26th January
last, ordering the release of the British schooners " Onward,"  " Carolina "  and I Thornton, " owing to some misconception and mistake on the part of the official to
whom it had been addresed, had not been acted upon.
A renewed order has gone forward for their release—as had been distinctly directed last January, and which I had no reason to doubt had been promptly obeyed.
In my note to you of the  11th instant, I stated it to be my impression that no
Enclosure No. 2 of hindrance to their re-possession by the owners of the vessels named
No. 34.        existed.
This impression it now appears, was not well founded, and as my object is to give
you the fullest information within my power in relation to all transactions touched
in our correspoudence, I hasten to communicate the latest report made to me from
the Department of Justioe.
I take leave also to express my regret that any misconception of the instructions and orders of the President should have delayed their prompt execution.
I have, &c.
T. F. BAYABD.
The Honorable Sir L. West, K.C.M.G.
No.  408.
Lord Lansdowne to Sir H. Holland.
20th October, 1887
Sir,—With reference to previous correspondence upon the subject of the seizure
of British sealing vessels in Behring Sea, I have the honor to forward, for your
information, a clipping from the Toronto Mail of the 17th instant, publishing in
full the Canadian brief prepared by Mr. Drake, Q.C., and filed in the Alaska courts
on behalf of the officers of the British sealers seized in Behring Sea.
I also enclose for your information a clipping from the New Tork Herald of
the 13th instant, giving the United States brief filed in the District Court at Sitka, by
Mr. A. K. Delaney, as counsel for the United States Government.
I have, &c,
LANSDOWNE.
The Bight Honorable Sir Henry Holland, Bart., &c,, &c.
[Enclosure No. 1.]
Extract from Toronto " Mail."
BEHBING SEA.
Mr. Drake's Masterly Answer to American Pretensions.
The Russian Claim Discussed—Position  Assumed by the States  Untenable—Going
Beyond the Recognized Law of Nations—The Seizures Entirely Illegal.
(From our own Correspondent.)
Ottawa, 16th Ootober.—Hitherto only a brief resumi of Mr. Drake's brief in the
Alaska courts has been published. As the United States press has recently been
making a great parade over the American Government's case, it may not be out of
place togive in full the brief prepared by Mr. Drake himself, and filed on behalf of
the officers of the British sealers seized in Behring Sea.
THE BRIEF.
United States Court District of Alaska.   The United States Plaintiff, vs. J. D. Warren.
and J. 0. Riley, Defendants.
Brief in support of the demurrer, filed herein the 30th August, 1887,
of the masters and  owners of the British schooners "Anna Beck." «
<' Grace " and " W. P. Sayward," seized by the United States cutter for an alleged
on  behalf
' Dolphin,"
fff
'in p
53
infraction of an Act of the United States Congress, No. 120, being an Act to prevent
the extermination of fur-bearing animals in Alaska. The Act is directed against
killing seals in the waters adjacent to the Islands of St. Paul and St. George, and
does not refer to any other waters in Behring Sea; but on referring to section 1,956
•oftheBevised Statutes, the language used is somewhat different, prohibiting the
killing of fur-bearing animals within the limits of Alaska Territory or the waters
thereof. The first question then to be decided is what is meant by the waters,
thereof. If the defendants are bound by the treaty between the United States and
Bussia ceding Alaska to the United States, then it appears that Bussia in 1822
claimed absolute territorial sovereignty over the Behring Sea, and purported to convey practically one-half of that sea to the United States. But are the
defendants, as men belonging to a country on friendly terms with the United States,
bound by this assertion of Bussia ? And can the United States claim that the treaty
conveys to them any greater right than Bussia herself possessed in these waters ?
In other words, the mere assertion of a right contrary to the comity of nations can
confer on the grantees no rights in excess of those recognized by the laws of nations.
In enquiring what that right was and how far it was submitted to by the other
powers interested, namely, Great Britain and the United States, we find the TJnited
States Minister at St. Petersburg in 1822, combatting the pretensions of Bussia to a
jurisdiction over the waters of Behring Sea lor a distance of one hundred miles from
the coast (for this was the extent of Bussia's- claim in 1822) in the following expressive language: " The existence of tetritorial rights to the distance of 100 miles from
the coast and the prohibition of approaching to the same distance from these coasts
and from those of all intervening-islands are innovations on the law of nations and
measures unexampled." We thus find that the assumption of a limited sovereignty
over the waters of Alaska was challenged by the United States, and in consequence was not persisted in, and on the 17th April, 1824, a convention was concluded
between the United States and Bussia, whereby it was agreed, " that in any part of
the great ocean commonly called the Pacific Ocean, or South Sea, the respective
citizens, subjects of the high contracting powers, should be neither disturbed nor
restrained either in navigation nor in fishing, or in the power of resorting to the
■coasts upon points which might not then already have been occupied for the purpose
of trading with the natives, saving always the restrictions and conditions contained
in certain articles attached to the treaty referring to illicit trade with the Indians."
THE RDSSO-BRITISH   TREATY.
The Government of Great Britian, on the 28th February, 1825, also entered into
a treaty with Bussia in consequence of the same extravagant prehensions of Bussia,
which treaty contains the following provisions :—" It is agreed that the respective
subjects of the high contracting parties shall not be troubled or molested in any part
of the ocean commonly called the Pacific Ocean, either in navigating the same or
fishing therein, or in landing at such parts of the coast as shall not have been already
occupied in order to trade with the natives under the conditions and restrictions
specified in the then following art cles." These restrictions are not dissimilar from
those attached to the treaty with the United States. In order to ascertain what
were the pretensions of Bussia which led to these treaties it is necessary to refer to
the edict of the Autocrat of all the Bussias. By section 1 it is enacted:—" That
the pursuits of commerce, whaling and fishing, and all other industries on all islands
ports and gulfs, including the whole of the north-west coast of America beginning
Irom Behring Straits to 51° of north latitude; also from the Aleutian Islands to
the eastern coast of Siberia, as well as along the Kurile Islands from Behring Straits
to the south cape of the Island of Bruck, namely, 45° 50' northern latitude, is exclusively granted to Bussian subjects. Section 2. It is therefore prohibited to all
ioreign vessels not only to land on the coasts and islands belonging to Bussia, but
Also to approach them within less than 100 Italian miles. The translreasor's vessel
js subject to confiscation along with the whole cargo "
_J I
59
RUSSIA 8 CLAIM.
Thus it appears that Bussia claimed 100 miles from the coasts of all the islands,
as well as the mainland of Behring Sea,  and south to 45° 50'.    It was this claim
that led to the indignant remonstrance of the United States and Great Britain, and
to the treaties before referred to, and shows that Behring Sea was included in the
term " Pacific Ocean."   The pretensions of Bussia were never revived, and the citizens
of Great Britain as well as the United States had free access at all times to these
waters in navigating and fishing without any restriction.   And Bussia's claim was
never revived until she purported to cede to the United States a portion  of Behring
Sea.   Bussia could not sell what she did not own, and the United  States cculd not
claim that which it was not in the power of Bussia to sell.   The treaty with England
has never been abrogated, and was  in force when the cession to the United States
took place, and there was no need to protest against the extravagant pretensions of
BusBia in purporting to dispose of the high seas, as until last year no attempt has
been made to enforce such a claim. The United States have always been the strongest
upholders of the law of nations, and on this head Kent's  Commentaries, page 28 :
" The open sea is not capable of being possessed as private property; the free use of
the ocean for navigation and fishing is common to all mankind, and the publio jurists
generally and explicitly deny that the main ocean can ever be appropriated."    He .
also refers to the claim of Bussia, and in another place he states that " the  United
States have recognized the limitation of a marine league for general territorial jurisdiction  by  authorizing the district courts to take cognizance of all captures made
within a marine league of the American shore."   See Act of Congress, June 5, 1794.
And in Wharton's International Law Digest, page 32, the author says: "The hmitof
one sea league from shore is provisionally adopted as that of the territorial sea of the
United States," and "our jurisdiction has been fixed to extend three geographical
miles from our shore, with the exception of any waters or bays which are so landlocked as to be unquestionably within the jurisdiction of the United States, be their
extent what they may."    Behring Sea is  not a gulf or bay, and is not land-locked
by the lands of the United States.    Wharton again states that " a vessel on the high
seas beyond the distance of a marine league from the shore is regarded as part of the
territory of the nation to which she belongs."    And Mr. Seward in a letter to Mr.
Tassara, December 16, 1862, tersely states the principle as follows:—" 1 here are two
principles bearing on the subject which are universally admitted, (1) that the sea is
open to all nations, and (2) that there is a portion of the sea adjacent to every nation
over which the sovereignty of that nation extends to the exclusion of  every other
political authority. , ,    . •    *_*.<.,
A third principle bearing on the subject is that the exclusive sovereignty of a
nation abridging the universal liberty of the seas extends uo further than the power of
the nation to maintain it by force stationed on the coast extends. " Term dominium
finitur, abifinitur armarumvis " (the sovereignty of the coast ends where the power to
control it by force of arms terminates). It thus appears that by the comity of nations
sanctioned and approved by American jurists, that the high seas a, e» °P^ ^ a", that
the territorial authority only extends to a marine league or, at all events,not further
than a force on shore can protect the coasts. •„T,*„nTTOr t^ Torino-
It also appears that the United States in claiming f^e^^ty over i J* B£™f
Sea is claiming something beyond the well-recognized law of nations, and bases ner
duals.    Great Britain was no party to  it and therefore 1B »2nrt S i^t SSt (
60
corners and not by any extrinsic document. It is an Act defining a criminal offence,
and an Act which abridges the privileges and immunities of citizens must be most
strictly construed ; and nothing but the clearest expression can or ought to be construed against the interest of the public in applying this principle to the present
case. The terms used in the Act itself are " the waters adjacent to the Islands ot
St. George and St. Paul." j Adjacent," in Wharton, page 846, is held to be adjacent
to the coast and within the territorial jurisdiction of the country. This language
then does not apply to these defendants who are fifty miles from the nearest coast*
In section 1,956 the language is " the waters of Alaska." This must also be construed by the universal law as applying to the territorial limit only. And in a,
letter from Mr. Evarts to Mr. Foster in April, 1879, referring to a case in which
certain American merchant vessels were seized by the Mexican authorities for an
alleged breach of the revenue laws, although distant more than three miles from
shore it was held to be an international offence and was not cured by a decree in
favor of the assailants by a Mexican court. So here it is submitted that a decree of
your Honor's court will not give any validity to the seizures here made, and the
defendants in filing their demurrer and submitting this argument do not thereby
waive their rights or submit to the jurisdiction of the court.
No.  409.
Lord Lansdowne to Sir H. Holland.
Ottawa, 20th October, 1887.
Str,—I have the honor to transmit to you a copy of an approved report of a
Committee of the Privy Council, to which is appended a copy of a despatch from His
Honor the Lieutenant Governor of British Columbia, covering a Minute of his
Executive Counail, dated 15th instant, setting forth the value to British Columbia of
the present sealing industry in Behring Sea.
You will observe that the Executive Council of British Columbia consider that
the rights of British subjects, as regards the Behring Sea, should be included in the
scope of the duties of the International Fisheries Commission.
I have, &c,
LANSDOWNE.
The Eight Horn Sir H. Holland, Bart, &c, &c.
L Enclosure No. 1.]
Certified Copy of a Beport of a Committee of the Honorable the Privy Council,
approved by Hs Excellency the Governor General in Council on the Ibth October,
1887.
The Committee of the Privy Council have had under consideration a despatch,
dated 15th September, 1887, from the Lieutenant Governor of British Columbia, enclosing copy of a Minute of his Executive Council on the subject of the seizure of
British sealing vessels in Behring Sea, and pointing out the threatened destruction
of an important and growing industry in British Columbia, by a repetition of outrages on the part of United States cruisers.
The Minister of Marine and Fisheries, to whom the despatch and enclosures
were referred, recommends that the Government of British Columbia be informed
that no opportunity has been neglected on the part of the Dominion Government of
bringing to the attention of the Government of Her Majesty the unlawful seizure of
Canadian vessels in Behring Sea, and requesting that a speedy and satisfactory
settlement of the losses sustained be urged upon the United States Government, and
that the representations made by the Government of British Columbia have been
forwarded to Her Majesty's Government. The Committee advise that the Secretary of State be authorized to transmit- a
copy of this Minute to the Lieutenant Governor of British Columbia for the information of his Government.
All which is respectfully submitted for Tour Excellency's approval.
JOHN J. MoGBE, Clerk Privy Council.
[Enclosure No. 3.]
Harrison Hot Springs, British Columbia, 15th September, 1887.
Sir,—I have the honor to transmit herewith copy of a Minute of my Executive
Council, approved by me on the ninth instant, representing the value to the Province of British Columbia of the present sealing industry in Behring Sea, the number
of vessels, men, &c , engaged in the same, the loss to the Province certain to ensue
from the destruction of this trade by tho feizures and confiscations made by the
United States cruisers. That the rights of British subjects should have the same
protection and consideration on the Pacific as on the Atlantic, and that full compensation and redress for injuries already received, and assurances of future non-interference should be obtained from the United States Government.
That this question should be included in the scope of the duties of the International Fishery Commission now understood to be in process of organization, and that
it is desirable said commission should hold some of its sittings in Victoria, for reasons
therein set forth, &c.
I have the honor to be, sir, your obedient servant,
HUGH NELSON, Lieutenant Governor.
The Honorable the Secretary of State, Ottawa.
[Enclosure No. 4.]
Copy of a Report of a Committee of the Honorable the Executive Council, approved by
His Honor the Lieutenant Governor on the 9th day of September, 1887.
On a memorandum from the Honorable the Minister of Finance and Agriculture, dated the 6th September, 1887, setting forth:—
That there are usually engaged in seal fishing in Behring Sea seventeen vessels
wholly owned by people residing in this city, of the aggregate value of $ 125,000.
That the outfit for each semi-annual voyage of these vessels represents an expenditure of $75,000, equal to $150,000 a year.
That each of these vessels, on an average, employs a crew of five whites and
about twenty Indians or fifteen to eighteen whites as hunters.
That the probable aggregate value of the product of each voyage is $200,000, or
$400,000 a year,
That this industry, though as yet only in its infancy, is a very important one
for so small a community.
That the glaring and unlawful seizures and confiscations in Behring Sea during
last season, and the present year, are completely crushing out this infant industry
and causing ruin, and in several known instances, actual distress to those who have
invested their all in the business and relied upon it for a livelihood.
That the destruction of this industry not only entails ruin and distress upon
those directly engaged therein, but it affects most injuriously the trade of the Province, and drives from these waters a race of hardy and adventurous fishermen, who,
with their families, are large oonsumers, and who would in time become a very
important element of strength, if not the nucleus of the future navy of Canada on the
Pacific ,. ,    ,      .   1 .    .
That the rights and interests of British subjects, whether in fisheries or in commerce are entitled to the same consideration and protection on the Pacific as on the
Atlantic, and that it is, therefore, the duty of the Dominion Government to employ
every proper means for obtaining immediate and full compensation and redress for
past injuries and wrongs as well as to guard against the possibility of a repetition of
these high-handed outrages in the future. r
62
That it is believed to bo desirable that this question should be included in the
scope of the duties of the International Commission now understood to be in process
of organization for the settlement of the fishery disputes existing between Canada
and the United States of America, and it is considered most important that the said
Commission should hold one or more of its sittings in this city, in order that those
more directly acquainted with and interested in the Pacific fisheries may have a
better opportunity of being heard and making the Commissioners more thoroughly
acquainted with the subject than would otherwise be possible.
The Committee advise approval and that a copy of this Minute be forwarded to
the Honorable the Secretary of State for Canada.
Certified.
JNO. BOBSON, Clerk Executive Council.
\ —
No. 356.
Sir Henry Holland to Lord Lansdowne.
Downing Street, 20th October, 1887.
My Lord,—I am directed by the Secretary of State to transmit to you for communication to your Ministers the documents specified in the annexed Schedule.
I have, &c,
The officer Administering the Government of Canada.
H. HOLLAND.
Date.
Description of Document.
4th October.
Admiralty to Colonial Office.
Encloses list of schooners engaged in sealing.
[Enclosure No. 1.]
The Admiralty to the Colonial Office.
Admiralty, 4th October, 1887.
Sir,—I am commanded by the Lords Commissioners of the Admiralty to transmit for the information of the Secretary of State for the Colonies, copy of a letter
from the Commander in Chief on the Pacific Station, dated 14th September, No.
158, enclosing a list of the schooners that have been sealing, extracted from the'
Victoria Colonist newspaper dated 13th September.
A similar letter has been sent to the Foreign Office.
I am, &c,
mu   tt        a WM Ifli EVAN MacGBEGOB.
The Under Secretary of State, Colonial Office.
(Enclosure No. 2.)
Rear Admiral Seymour to the Secretary of the Admiralty—Seizure of Sealing Schooners.
" Triumph " at Esquimalt, 14th September, 1887.
Sir,—The sealing season being now over, I have the honor to enclose a  list of
the schooners that have been sealing, out from  the Victoria   Colonist of vester-
day s date.   It is not yet known whether the five vessels " to   arrive "   have  h™n
seized or not but they are overdue here. 63
With regard to the schooner " Alfred Adams" I am credibly informed she was
boarded by the American revenue cruiser in Behring Sea, her skins, 1,500 in number taken out, as well as her arms, and she was told to proceed to Sitka. No one
being put on board, the captain brought his vessel down here.
No orders whatever have ever been received here with regard to the release of
the schooners seized last year, whioh are now, I believe, high and dry at Ounalaska,,
worm-eaten and worthless,
I have, &c,
M. CALME SEYMOUE,
Rear*Admiral and Commander in Chief.
[Enclosure No. 3,]
From the " Daily Colonist," Victoria, B. C, of Tuesday, 13th S'pt., 1887.
THE SEAL CATCH.
List op Vessels arrived with their total Catch—Schooners seized.
The following is the list of sealing schooners which have arrived in port with
their northern catches, also those to arrive and those seized. The coast catch by
Indians and the spring oatoh by American sealers disposed of in Victoria are also
appended:—
Vessels arrived.
Name. Spring Catch.
Pathfinder	
Penelope	
Mary Ellen	
Lottie Fairfield-
Mary Taylor	
Mountain Chief.
Black Diamond.
Adela	
400
1,000
367
400
200
400
164
Name.
Ada	
Kate	
Favorite..
Theresa..
Triumph.
Vessels to arrive.
Spring Catch.
Northern Catch.
2,377
1,500
2,090
2,600
800
687
9b-4
1,350
Northern Catch.
Total.
2,817
2,500
2,457
3,000
1,000
1,087
1,514
Total.
349
1,030
' SOT*
21
I
Vessels seized.
Dolphin •	
Grace  I
Anna Beck  }► 1,500
W. P. Sayward  I
Alfred Adams • J
The number of seals caught by American schooners  and sold in this city is as
follows;—
Helen Blum	
Sylvia Handy •	
San Jose	
City of San Diego •	
Vanderbilt	
Discovery	
The Neah Bay schooner " Lottie's " northern catch was disposed of the other day
and amounted to 700 skins.
436
139
197
200
617
250
fl 64
This makes the total catch as far as could be gleaned yesterday, 19,046 skins by
British vessels and 2,539 skins disposed of by American sohoonerc.
The catch off the west const by the Indians and sold to storekeepers was 50U.
The total number of skins brought into port for this season will represent in
dollars at $6.50 per skin the handsome sum of $140,302.50.
Sir H. Holland to Lord Lansdowne.
Downing Street, 4th November, 1857.
My Lord,—I have the honor to transmit to you for the information   of your
Ministers, with reference to your despatch, No. 372, of the 26th of September, the
accompanying copy of a correspondence between this department and the
No. 22. F0I.eign office, 12th and 20th Ootober, 1887, respecting the seizures of British
vessels in Behring's Sea.
Her Majesty's Minister at Washington has now been instructed to give to  the
Enclosnre No. 2.    Secretary of State of the United States a copy of Mr. Foster's report
of No. 22.        of the 15th of September on which subject telegraphic  communications have passed between myself and Your Lordship.
I have. &o,
H. T. HOLLAND.
Governor General the Most Honorable the Marquis of Lansdowne, &c, &o, &o.
[Enclosure No. 1.]
The Colonial Office to the Foreign Office.
Downing Street, 17th Ootober, 1887.
Sia,—I am directed by Secretary, Sir H. Holland, to transmit to you to be laid
before the Marquis of Salisbury, copy ef a despatch from the Governor
No.  22.   Qenerai 0f Canada, dated 26th September, with its enclosures, respecting the
seizures in Behring Sea of the British schooner "Alfred Adams."
These papers appear to Sir H. Holland to point to a serious state of things,
which seem to make it necessary that some decided action in the matter should be
taken by Her Majesty's Government. And he would suggest for the consideration
of Lord Salisbury, whether it would not be desirable to instruct Sir L. West unless
he has already done so, formally to protest against the right assumed by the United
States of seizing vessels for catching seals beyond the territorial waters of Alaska.
I am to add that Sir H. Holland makes this suggestion as Mr. Bayard is
reported in the newspapers to have stated that no protest against their right to seize
had been made, and to have assumed therefore that Her Majesty's Government
did not really dispute it.
lam, &c,
JOHNBRAMSTON.
The Under Secretary of State, Foreign Office.
[Enclosure No. 2 ]
The Foreign Office to the Colonial Office.
Foreign Office, 20th October, 1887.
SiR,—I am directed by the Marquis of Salisbury to acknowledge the receipt of
your letter of the 17th instant, enclosing copies of a correspondence received from
the Governor General of Canada, relative to the seizures made by the authorities of
the United States of certain British vessels when engaged in seal fishing in Behrinff
Sea. 6
With reference to the latest case reported, that of the Canadian schooner " Alfred
Adams," I am to request that you will inform Sir H. Holland that a telegram has
been sent to Her Majesty's Minister at Washington, directing him to make°a protest
to the United States Government against the seizure of that vessel and  the con-
i 65
tinuance on the high seas of similar proceedings by the authorities of the United
States. /
With regard to the report that it had been stated by Mr. Bayard that no protest
had been made against the right of those authorities to make the seizures, and that
it had therefore been assumed that Her Majesty's Government did not really dispute
the right, I am to remind you that Sir L. West, acting on the instructions which
were given to him by the late Earl of Iddesleigh on the 20th of October, 1886, addressed a note to the United States Secretary of State protesting in tho name of Her
Majesty's Government against the seizure of the three Columbian schooners '' Thornton," " Onward " and " Caroline " by the United States revenue cruiser " Corwin."
This correspondence was forwarded with my letter of.the 16th of November last.
I am further to point out that the diiections given to Sir L. West in regard to
subsequent seizures of other Biitish vessels in Behring's Sea during the present
_   .        Kir fi8hing season which were embodied in Lord Salisbury's despatches,
NoflTa'nd Eaclo-  Nos- 219 and 229 of the 10th and 2^th ultim° (copies of which were
sure No. 2ofNo. 24.   also communicated to you on those dates respectively) amount to a
protest against the assumption  by the United States Government
of their right to seize British vessels on the high seas in those waters.
I am to request that in laying this letter before Sir H. Holland, you will move
him to ascertain by telegraph whether the report of Mr. Foster (the
tfNo 22'2   Canadian  Minister of Marine and Fisheries) of the 15th ultimo, has
been communicated by Lord Lansdowne, with the papers attached, to
Her Majesty's Minister at Washington as suggested in the report.
On learning that this has been done/Lord Salisbury proposes to authorize Sir L.
West to give a copy of them to Mr. Bayard.
I am, &c,
J. PAUNCEFOTE.
Sir H. Holland to Lord Lansdowne.
Downing Street, 16th November, 1887.
My Lord,—I have the honor to transmit to you, for  communication  to your
Ministers, with reference to your despatches of the numbers and
Nob. 30, 22 and 21.    dates, No. 408, 20th October, No. 37:2, 26th September, telegram^
23rd September, the accompanying printed correspondence received from the Foreign
Office respecting the seizure of the British Columbian sealing vessels in Behring Sea.
I have, &c,
H. T. HOLLAND.
Governor General the Most Honorable the Marquis of Lansdowne, K.C.M.G.
[Enclosure No. 1.]
Sir L. West to the Marquis of Salisbury.
Washington, 12th October, 1887.
My Lord —In accordance with the instructions contained in your Lordship's
telegram, No. 39, of the 27th ultimo, I addressed a note  to the Secretary of State,
copy of which I had the honor to enclose to your Lordship m my despatch, No. 273
of the 28th ultimo, inquiring the reason why the vessels referred torn his note of the
3rd February last had not been released, and I now enelose copy of the reply which
I have received thereto. & I
I have, &c,
L.S.SACKVILLBWEST.
65-5 c
06
[Enclosure No. 2.]
Mr. Bayard to Sir L. West.
Department of State, Washington, 11th of October, 1887.
Sir,—I have the honor to acknowledge your note of the 29th ultimo, stating that
Ber Majesty's Government had been officially informed that the British  vessels referred to in my note to vou of the 3rd February  last had not been released, and asking the reason for the delay in complying with the order of the executive in that regard. . >-,
Upon receiving your note I at once wrote my colleague the Attorney General
. as the head of the Department of Justice, in order that I might be enabled to reply
satisfactorily to your enquiry.
I am still without an answer from him, which, when received, shall be promptly
communicated to you.
In tho meantime, in acknowledging your note, I take occasion to state my impression—that if the three vessels seized, and ordered to be released, have not been
repossessed by their owners it is not because of any hindrance on the part of any
official of this Government, or failure to obey the order for release, but probably because of the remoteness of the locality (Sitka) where they were taken after arrest
Jfor adjudication, and the proceedings having been in rem, the owners have not seen
proper to proceed to Alaska and repossess  themselves of the property in question.
I have, &c,
T. F. BAYABD.
[Enclosure No. 3.]
Sir L. West to the Marquis of Salisbury.
Washington, 12th October, 1887.
My Lord,—With reference to your Lordship's despatch, No. 220. of the 15th
"nltimo, respecting the judicial proceedings in the oases of the schooners " Carolina,"
I Onward " and " Thornton," I have the honor to refer to the memoranda contained in my despatches, No. 261, of the 8th, and No. 263, of the 9th September.
From what I can ascertain, the notice of appeal in these oases is still lying in the
Sitka court, for there is no court to which, under the Act of Congress, the injured
parties could appeal, and as in the case of the American vessel | San Diego " no
further steps can be taken in the matter.
I have, &c,
L. S. SACKVILLE WEST.
[Enclosure No. 4.]
Sir L. West to the Marquis of Salisbury.
Washington, 12th October, 1887.
My Lord,—In accordance with  the   instructions contained in vour Lordship
despatch, No. 229, of the 27th ultimo, I addressed a note  to the Secretary of State
JBnclosure No. 2 copy of which I have the honor to enclose herewith making similar
II ?'v ' »     f.? w eptaS°n8 re^,?cting the 8eizare of the British vessels "Grace,"
Dolphin    and    W   P Sayward," as were made in thj cases of the "Onward"
"Carolina    and    Thornton," and reserving all rights to compensation on behalf of
the owners and crews. r u "A
I have, &c,
L. S. SACKVILLE WEST.
I 67
[Enclosure No. 6.]
Sir L. West to Mr. Bayard.
Washington, 12th Ootober, 1887.
Sir,—In connection with the representation which I was instructed to make to
you respecting the seizure of the British schooners "OawarJ," " Carolina " and
"Thornton," by the United States cruiser "Corwin," in Behring Sea, I have the
honor to inform you that I am now further instructed to make similar representations in the cases of the British Columbian vessels " Grace," " Dolphin," and | W. P.
Sayward,' seized lately by the United States revenue cutter I Bichard Bash," and"
at the same time as in the case of the " Onward," " Carolina " and " Thornton," to
receive all rights to compensation on behalf of the owners and crews.
I am also instructed to point out to you that according to the deposition of the
mate of the " W. P. Sayward," copy of which is enclosed, no seals had been taken
*y her crew in Behring 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,
L. S. SACKVILLE WEST.
[Enclosure No. 6.]
Sir L. West to the Marquis of Salisbury.
Washington, 14th Ootober, 1887.
My Lord,—I have the honor to enclose to Your Lordship herewith, copy of the
reply which I have received to my note of the 12th instant, copy of which was en-
Enclosure No. 2 closed in my despatch of No. 278, of the  12th instant, respecting the
of No. 34.    geizare 0f the " Grace," " Dolphin," and | W. P. Sayward."
I have, &c,
L. S. SACKVILLE WEST.
[Enclosure No. 7.]
Mr. Bayard to Sir L. West.
Department of State, Washington, 13th October, 1887.
Sir,—I have the honor to acknowledge your note of yesterday in relation to the
cases of the seizure of the British schooners " Onward," | Carolina," and" Thornton,"
in Behring Sea, by United States revenue vessels in August, 1886, and also your
instructions to include by similar representations the cases of the British Columbian
vessels " Grace," " Dolphin," and " W. P. Sayward," seized by the United States
revenue authorities in Behring Sea, with notification that Her Britannic Majesty's
Government reserve all right to compensation on behalf of the owners and crews of
tho above mentioned vessels.
The affidavit of the mate of the " W. P. Sayward " has been read, and the facts
therein stated will be at once investigated.
I have, &c,
THOMAS F. BAYABD.
[Enclosure No. 8.]
Sir L. West to the Marquis of Salisbury.
Washington, 14th October, 1887.
My Lord —With reference to the note from the Secretary of State, copy of whioh
Enclosure No l' was inclosed in my despatch, No. 276, of the 12th instant, I have the
of No. 34.     honor to enclose to Your Lordship herewith, copy of a further reply
to my note of the 29th ultimo, expressing regret that misconception of the intention*
and orders of the President for the release of the sealers " Onward," " Carolina
65-5| (
68
and " Thornton," should have delayed their prompt execution  and stating that renewed orders have been forwarded. , T      j ,,        ,
I have communicated copy of this note to the Marquis of Lansdowne, the substance of which I telegraphed to Your Lordship this day.
I have, &c,
L. S. SACKVILLE WEST.
I Enclosure No. 9.]
Mr. Bayard to Sir L. West.
Department of State, Washington, 13th Ootober, 1887.
Sir,—Continuing my reply to your note of the 29th ultimo, enquiring the reason
for the delay in complying with the order issued in January last, for the release of
British vessels seized last year in Behring Sea, I beg leave to inform you that I
have this day received a communication from my colleague the Attorney General,
Enlosure No. 7 informing me that his telegram to the United States marshal at Sitka,,
of No. 22. of the 26th January last, ordering the release of the British schooners
' Onward," " Carolina " and " Thornton," owing to some misconception and mistake
on the part of the official to whom it had been  addressed  had not been acted upon.
A renewed order has gone forward for their release, as had been distinctly
directed last January, and which 1 had no reason to doubt had been promptly obeyed.
In my note to you of the 11th instant, I  stated it to be my impression that no
Enclosure No. 2 of hindrance to their repossession by the owners of the vessels named
No. 34. existed.
This impression, it now appears, was not well founded, and as my object is to
give you the fullest information within my power in relation to all transactions
touched in our correspondence, I hasten to communicate the latest report made to
me from the Department of Justice.
I take leave also to express my regret that any misconception of the intentions
and orders of the President should have delayed their prompt execution.
I have, &c,
T, F. BAYABD.
[Enclosure No. 10.]
Sir L. West to the Marquis of Salisbury.
Washington, 20th October, 1887.
My Lord,—I have the honor to enclose to Your Lordship herewith copy of a
note, which upon the receipt of Your Lordship's telegram of the 19th, I addressed to
the Secretary of State protesting against the seizure of the Canadian vessel " Alfred
Adams," in Behring Sea, and against the continuation of similar proceedings by the
United States authorities on the high seas.
I have, ,&c,
L. S. SACKVILLE WEST.
[Enclosure No. 11.]
Sir L. West to Mr. Bayard.
Washington, 19th October, 1887.
«-r-?R'~:y,aVw^l0th?nSr.t0 -"^ y0U that * am in8tr™t*d by the Marquis of
Salutary, Her Majesty s Principal Secretary of State for Foreign Affairs to protest
against the seizure of the Canadian, vessel "Alfred Adams," in BehrW Sea and
against the continuation of similar proceedings by the United States authorities on
tne nign seas.
I have, &c,
L. S. SACKVILLE WEST.
I ■\
69
No. 399.
Sir H. Holland to Lord Lansdowne.
Downing Street, 24th November, 1887.
My Lord,—With reference to my despatches of the 4th and 16th instant, I have
Nos 33 and 34    the   honor   to   transmit   to you  herewith, for communication  to
•    your Government a copy of a despatch received through the Foreign
Office from Her Majesty's Minister at  Washington with its enclosure relating to the
seizure of the " Alfred Adams," in Behring's Sea.
1 have, &c.,
H. T. HOLLAND,
-Governor General, the Most Honorable the Marquis of Lansdowne, G.C.M.G.
[Enclosure No. 1.]
Sir L. S. West to the Marquis of Salisbury.
Washington, 23rd October, 1887.
My Lord,—With reference to my despatch No. 288 of the 20th instant, in which
Enclosure No. 10 I had the honor to enclose copy of the note which, according to in-
of No. 34. struotions, I addressed to the United States Government on the subject
of the seizure of the " Alfred Adams," in Behring Sea, I have the honor to transmit
herewith copy of Mr. Bayard's reply, in which he acknowledges the receipt of my
above-mentioned communication,
I have, &c,
L. S. SACKVILLE WEST
[Enclosure No. 2.]
Mr. Bayard to Sir L. S. S. West.
Department of State, Washington, 22nd October, 1887.
Sir,—I had the honor to receive last evening your note of the 19th instant, conveying the instruations addressed to you by the Marquis of Salisbury, that you
EnclosureNo.il should protest against the seizure of the Canadian vessel "Alfred
of No. 34.     Adams," in Behring Sea, and against the continuance of similar proceedings by the United States authorities on the high seas.
I have, &c.
T. F. BAYABD.
Sir H. Holland to Lord Lansdowne.
Downing Street, 7th December, 1887.
My Lord,—I have the honor to transmit to your Lordship herewith, for your
information and for that of your Ministers, a copy of a despatch, received through
the Foreign Office, whioh has been addressed by the Secretary of State for Foreign
Affairs to Her Majesty's Plenipotentiaries at the Fisheries Conference at Washington, relative to a proposed International Convention for the  protection of seals in
Behring Sea.
I have, &c,
H. T. HOLLAND.
Governor General the Most Honorable the Marquis of Lansdowne, G.C.M.G., &c, &e.
Lord Salisbury to Her Majesty's Plenipotentiaries at the Fisheries Conference.
Foreign Office, 2nd December, 1887.
Gentlemen,—I received on the 26th instant a telegram from Mr. Chamberlain,
enquiring whether a proposal for an international conference in regard to the
Behring Sea fisheries had been accepted by Her Majesty's Government. —
70
W'i	
You are aware from the correspondence whioh is in your possession, that communications with reference to a proposal which would appear tohave been addressed
to some of the maritime powers by the United States Foreign International Convention for the protection of seals in the Behring Sea, were received last October
from the German and Swedish Charges d'Affaires in London.
No definite invitation, however, for an international understanding on this
question has yet been received from the Government of the United States by Her
Majesty's Government. ,   .
In answer to a question from Mr. Phelps, I have expressed myself as being
favorably disposed to negotiating for an agreement as to a close season in all seal
fisheries to whomsoever belonging, but I carefully separated the question from all
controversies as to fishery rights.
I am, &c,
SALISBUBY.
Her Majesty's Plenipotentiaries.
Lord Lansdowne to Sir Henry Holland,
Ottawa, 19th January, 1888.
Sir,—In reference to my former despatches upon the subject of the seizure of
Canadian sealing vessels, during ihe years 1886-^7 by U.S. cruisers for fishing
in Behring Sea, I have the honor to report that my Minister of Marine and Fisheries
has received from the Customs authorities at Victoria an intimation addressed by
the U.S. marshal at Sitka to Mr. Spring, the owner of the "Onward," one of the
three vessels seized in 1886, to the effect that that vessel as well as the "Thornton"
and | Carolina," with their tackle, apparel and furniture, as they now lie in the
harbor of Ounalaska, are to be restored to their owners. A copy of this intimation
is enclosed herewith.
2. The information received by my Minister is to the effect that the condition of
these three vessels owing to the length of time during which they have been lying
on the shore is now such as to render it questionable whether they could under
present circumstances be repaired and removed with advantage. The difficulty of
doing this would be increased from the fact that the vessels have been released at a
season of the year in which, owing to the great distance between Victoria and
Ounalaska, it would be scarcely possible for the owners to fit out steamers for the
purpose of going up to Ounalaska to repair their vessels and bring them home.
3. I also enclose herewith a copy of an extract from a British Columbia newspaper (the name and date of the publication are not given; from which it would appear that the district judge has made an order for the sale of arms and ammunition
taken frcm the three schooners in question, upon the supposed ground that as the
instructions sent by the United States Government to Sitka for the liberation of the
vessels, made no mention of the arms and ammunition on board of them, tho court
concluded that these shonld be confiscated and sold. It would seem from the same
extract, that the remaining vessels held in Alaska are not included in the order sent
by the United States Government for the release of the "Thornton," "Carolina"
and " Onward," and are therefore likely to be sold with their contents and equipment. r
5. I have already dwelt at sufficient length upon the extent of the hardships involved to the crews and the owners of these vessels by the action of the United States
Government, and I will only upon the present occasion remind you that another
fishing season is approaching, and that as far as my Government is aware, no declaration has been made by that of the United States in regard to the policy which
it intends to adopt during the course of the year which has just commenced.
I have, &c,
oh,   t?- ^+rr        i.,   1   tt rr LANSDOWNE.
J tie Bight Honorable SirJEENRY Holland, Bart., &c, &c, &c. Mr. Barton Atkins to Mr. C. Spring.
District of Alaska, Office of U. S. Marshal.
Sitka, 6th December, 1887.
Sia»—I take pleasure in informing you and the other owners of the schooners seized
in the Behring Sea by the U. S. S. | Corwin," that I am in receipt of orders from
Washington to restore to their owners the schooners "Onward," "Thornton" and
"Carolina," their tackle, apparel and furniture, as they now lie in the harbor of
Ounalaska. Orders for their release have been forwarded to their custodian at
Ounalaska. Very respectfully,
BARTON ATKINS,
Mr. C. Spring, Victoria, B. C. U. S. Marshal, District of Alaska.
[Extract from an American newspaper (name and date unknown).]
ALASKA NEWS.
The Sealers and what will be done with them.
Judge Dawson has made an order for the sale at Juneau of the arms and am-
' munition taken from the British schooners " Thornton," " Carolina " and "Onward "
captured last year by the " Corwin." Attorney GeneralGurland sent instructions to
Sitka to have the three vessels liberated, but as he made no mention of the arms and
ammunition the court concluded that they must be sold, and gave directions accordingly.
The marshal has further been authorized to sell the schooner " W. P. Sayward "
(British) and the "Alpha," " Kate,'? " Anna" and "Sylvia Handy" (American), together with their boats, tacklo and furniture. By stipulation entered into last September between Mr. Delaney, acting for the United States, and Mr. Drake, Q. C,
representing the Canadian Government, the remaining British schooners cannot be
sold until the expiration of three months from the 11th of January next, and then
only by the district attorney giving the owners ninety days' notice.
Application Granted.
In the cases of the schooners "Lily L.," " W. P. Sayward," "Annie," " Allie J-
Alger," "Alpha," "Kate and Anna,'-' and "Sylvia Handy," an application made by
Attorney W. Clark, counsel for the owners, for leave to appeal to the Supreme Court
of the United States was granted.
A motion presented by the same attorney, for a stay of proceedings for three
months in the cases of the " W. P. Sayward," "Alpha," "Kate and Anna and the
f'Svlvia Handy," was refused by the court on the ground that the owners had had
ample time in which to prepare for their appeals, and it was entirely their own fault
if they had not done so*
I
m r
72
FUKTHER CORRESPONDENCE
(65&)
delating to the Seizure of British. Vessels in Behring Sea.
Sir L. West to Mr. Bayard.
Washington, 28th September, 1887.
Sir,—I have the honor to inform you that Her Majesty's Government have been
officially informed that the British vessels mentioned in your note of the 3rd
February last have not been released, and that I am instructed to inquire the reason
for the delay in complying with the orders sent to this effect, as stated in your above
mentioned note.
I have, &.O.,
L. S. SACKVILLE WEST.
Sir L. West to Mr. Bayard.
Washington, 2nd February, 1887.
Sir,—I have the honor to inform you that, under date of the 27th ultimo, the
Marquis of Salisbury instructs me to inquire whether the information and papers
relative to the seizure of the British sohooners "Carolina," "Onward" and
" Thornton " have reached the United States Government.
I have, &c,
L. S. SACKVILLE WEST.
The Earl of Iddesleigh to Sir L. West.
Foreign Office, 30th Ootober, 1886.
Sir,—Her Majesty's Government are still awaiting a report on the result of the
application which you were directed by my despatch, No. 181, of the 9th ultimo, to
make to the Government of the United States for information in regard to the reported seizure by the United States revenue cutter " Corwin " of three Canadian
schooners while engaged in the pursuit of seals in Behring Sea.
In the meanwhile, further details in regard to these seizures have been sent to
this country, and Her Majesty's Government now consider it incumbent on them to
bring to the notice of the United States Government the facts of the case as they
have reached them from British sources.
It appears that the three schooners, named respectively the "Carolina," the
"Onward," and the "Thornton," were fitted out in Victoria, British Columbia, for
the capture of seals in the waters of the Northern Pacific Ocean, adjacent to Vancouver's Island, Queen Charlotte Islands, and Alaska.
According to the depositions enclosed herewith* from some of the officers and
men, these vessels were engaged in the capture of seals in the open sea out of sight
of land, when they were taken possession of on or about the 1st August last by the
United States.revenue cutter " Corwin," the "Carolina" in latitude 55° 52'  north,
T    I See prfpted correspondence, p. 4,5 and 6, letters of Ogilvie and Munroe, depositions of Delias, Mc-
Lardy and Munsie. ' longitude 168   53' west; the "Onward " in latitude 50° 52' north, longitude 167°55*
west, and the " Thornton " in about the same latitude and longitude.
|     They were all at a distance of more than 60 miles from the nearest land at the
time of their seizure, and on being captured were towed by the " Corwin " to Ounalaska, where they are still detained.   The crews of the " Carolina " and " Thornton "
-  _3pt t_   -	
At the time of their seizure the " Carolina " had 686 seal skins on board, the
"Thornton" 404, and the "Onward" 900, and these were detained, and would
appear to be still kept at Ounalaska, along with the schooners, by the United State*
authorities.
According to information given in the Alaskan, a newspaper published at
Sitka, in the territory of Alaska, and dated 4th September, 1886, it is reported :—
1. That the master and mate of the schooner "Thornton " were brought for
trial before Judge Dawson, in the United States District Court at Sitka, on the 30th.
August last.
2. That the evidence given by the officers of tho United States revenue cutter
W, Corwin " went to show that the " Thornton " was seized while in Behring Sea,
.about-sixty or seventy miles south south-east of St. George Island, for the offence of
hunting and killing seals within that part of Behring Soa, which (it was alleged by
the Alaskan newspaper) was ceded to the United States by Bussia in 1867.
3. That the judge in his charge to the jury, after quoting the first article of the
treaty of the 30th March, 1867, between Bussia and the United States, in which the
the western boundary of Alaska is defined, went on to say : " All the waters within
the boundary 6et forth in this treaty, to the western end of the Aleutian Archipelago and chain of islands, are to be considered as comprised within the waters of*
Alaska, and all the penalties prescribed by law against the killing of fur-bearing;
animals must therefore attach against any violation of law within the limits heretofore
-described. If, therefore, the jury believe from the evidenoe that the defendants, by
themselves or in conjunction with others, did, on or about the time charged in tha
information, kill any otter, mink, marten, sable, or fur-seal, or other fur-bearingc
animal or animals, on the shores of Alaska, or in the Behring Sea, east of 193° of
west longitude, the jury should find the defendants guilty, and assess their punishment separately, at a fine of not less than $200 nor more than $1,000,.or imprisonment not more than six months, or by both such fine, within the limits herein set
forth, and imprisonment.
4. That the jury brought in a verdict of guilty against the prisoners, in accordance with which the master of the " Thornton," Hans Guttormsen, was sentenced to
imprisonment for thirty days and to pay a fine of $500, and the mate of the M Thornton," Norman, was sentenced to imprisonment for thirty days and to pay a fine of
■$300, which terms of imprisonment are presumably now being earried"into effect.
There is also reason to believe that the masters and mates of the " Onward " and
" Carolina " have since been tried, and sentenced to undergo penalties similar to
those now being inflicted on the master and mate of the " Thornton."
You will observe from the facts given above, that the authorities of the United
States appear to lay claim to the sole sovereignty of that part of Behring Sea lying;
east of the westerly boundary of Alaska, as defined in the 1st article of the treaty
concluded between the United States and Bussia in 1867, by which Alaska was.
ceded to the United States, and which includes a stretch of sea extending in its
widest part some 600 or 700 miles easterly from the mainland of Alaska.
In support of this claim, those authorities are alleged to have interfered with
-the peaceable and lawful occupation of Canadian citizens on the high seas, to have
taken possession of their ships, to have subjected their property to forfeiture, and to
have visited upon their persons the indignity of imprisonment. i
Such proceedings, it correctly reported, would appear to have been m violation.
of the admitted principles of international law. (
if
74
I request that you will, on the receipt of this despatch, seek an interview with
Mr. Bayard and make him acquainted with the nature of the information with
which Her Majesty's Government have been furnished respecting this matter, and
state to him that they do not doubt that, if on inquiry it should prove to be correct,
the Government of the United States will, with their well known sense of justice,
at once admit the illegality of the proceedings resorted to against the British vessels
and the Britii-h subjects above mentioned, and will cause reasonable reparation to be
made for the wrongs to which they have been subjected, and for the losses which
they have sustained.
Should Mr. Bayard desire it,  you are authorized to leave with him a copy of
this despatch.
I am, &c,
IDDESLEIGH.
Sir L. West.
ADDITIONAL  CORRESPONDENCE,
(65c)
IRelaCting to the seizure of British. Vessels in Behring Sea.
Sir L. West to Mr. Bayard.
Washington, 4th February, 1887.
Sir,—I have the honor to acknowledge the receipt of your note of the 3rd instant, informing me that without conclusion at this time of any questions which
may be found to be involved in the cases of seizure of British vessels in Behring^
Sea, 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 have, &c,
L. S. S. WEST.
The Honorable T. P. Bayard, &c, &c, &c.
Sir L. West to Mr. Bayard.
Washington, 8th July, 1887.
Sir,—With reference to your note of the 17th April, stating that the records of
the judicial proceedings in the cases of the British vessels seized in Behring's Sea
had been received, I have the honor to inform you that the Marquis of Salisbury
has instructed me to request you to be good enough to furnish me with a copy of
the same for the information of Her Majesty's Government.
I have, &c,
„    £g L. S. S. WEST.
The Honorable T. F. Bayard, &c„ &o.
Sir L. West to Mr. Bayard.
Washington, 26th October, 1887.
Sir,—With reference to my note of the 19th instant, protesting  against the
LaStoSnefdS 6e'ZUre °flhe Britieb 8chooDer "Alfred Adams," I have the honor
Mo. 66 of 26 Septj to transmit to you herewith copy of the report of the Canadian
188?. Minister of Marine and Fisheries and other papers relating thereto..
I have, &c,
L S   S   WffST1
She Honorable T. F. Bayard, &c., &c. Mr. Bayard to Sir L. West.
Department op State, Washington, July 11th, 1887.
SiR,j-Complying with the request contained in your note of the 8th instant,
conveyed to me under the instruction of your Government, I have the honor to  enclose you two printed copies of the judicial proceedings in the United States District
Court tor the District of Alaska, in the several cases of libel against the schooners-
Onward,      Carolina," and " Thornton," for killing fur seal in Alaska waters.
Accept, &c,
mu   xr u,   «.   .   ttt T- F. BAYAED.
The Honorable Sir L. West, &c, &c.
IN   THE  UNITED STATES   DISTRICT COURT FOR THE   DISTRICT   OF
ALASEA.
The United States, Libellant,
vs.
the Schooner | Onward," her tackle, &c.
On libel of informaiicn for being engaged m the business of killing fur-seal in Alaska waters*.
TRANSCRIPT OP RECORD.
On the 28th day of August, 1886, was filed the following libel of information :—
In the District Court op the United States por the District op Alaska.
August Special Term, 1886.
To the Honorable Lapayette Dawson, judge of the 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 the said United States, against the
schooner " Onward," 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 second day of AuguBt, 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 said district, on waters Eavigable
from the sea^by vessels of ten or more tons burden, seized the ship or vessel commonly called a schooner, the " Onward;" her tackel, apparel, boats, cargo and
furniture, being the proj erty of some person or persons unknown to the said attorney,
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 statute of the United States in such case made and provided, the beforementioned and described schooner or vessel, being a vessel of over
Itwenty tons burden, her tackel, 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
honorable court issue in this behalf, and that all persons interested in the before-
mentioned schooner or vessel may be cited in general and (.pedal to answer the
premiees, and that all due proceedings being had, that the said schooner or vessel,
W tackle, apparel, boats, cargo and furniture, may for the cause aforesaid, and
others appearing, be condemned by tho definite sentence and decree of this honor- r
76
«ble court, as forfeited to the use of the said United States according to the form o
the statute of the said United States in such case made and provided.
M. D. BALL, U. S. District Attorney for the District of Alaska.
Whereupon forthwith issued the following monition:
District op Alaska, Sot.
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 " Onward," her tackle, apparel, boats, cargo
-and furniture, as forfeited to the use of the United States for the reasons and causes
in the said libel of information mentioned, and praying that the usual process and
monition of the said court in that behalf be made, and that all persons interested in
the said schooner " Onward," her tackle, apparel, boats, cargo and furniture, &o,
may be cited in general and special to answer the premises and all proceedings being
had, that the said schooner " Onward," 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 " Onward,"
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 day of October, 1886, at 10 o'elock 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 Honorable Lafayette Dawson, judge of said court, and the seal thereof
affixed at the city of Sitka, in the District of Atlaska, this 28th day of August,
in the year of Our Lord one thousand eight hundred and eighty-six, and of the
Independence of the United States the one hundred and eleventh.
[Seal.] ANDREW T. LEWIS, Clerk.
On the 6th day of September, 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 op America.
vs.
The Schooner " Onward.".
TTnited States op America, \ qq
District of Alaska. }  b*
C. A. Abbey being duly sworn, deposes and says :
That he is and at all times herein mentioned 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 and men of said "Corwin" are
material aod necessary witnesses for the Uoitei States in the above entitled action,
to wit: J W. Howison, lieutenant; C. F. Window, boatswain; Albert Leaf, seaman ; J. C. Cantwell, lieutenant; J. H. Douglas, pilot; and J. U. Rhodes, lieutenant. •. T^towinSto 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 one hundred 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 Daniel Monroe was master and in possession of the said schooner " Onward "
at the time of seizure thereof.
o u     * ,     I °- A- ABBEY.
Subscribed and sworn to before me ")
this 6th day of September, 1886. j
Andrew T. Lewis, Clerk.
On the same day was entered the following order:
In the Matter op the United States
vs.
Schooner "Thornton," Case No. 50.
do       " Carolina,"       do 51.
do       " Onward,"         do 49.
do       "San Diego,"    do 52.
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. Douglas, C. T. Winslow, Albert Leaf, C. Wilhelm, Thomas
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 the taking of said depositions to be continued by said
clerk, from time to time, until completed. That notioe of the time and place of
taking said depositions be served by the marshal of said district on Hans Guttormsen,
James Blake, Daniel Munroe and Charles E. Raynor, and upon W. Clark, Esq.,
; attorney at law, on or before 7th September, at 12, m., and that such shall be due
and sufficient and reasonable notice ot the taking of said depositions.
Done in open court this 6th day of September, 1886, now at this time W. Clark,
Esq., being present in court waives service of notice.
On the 7th day of September, 188b', was filed the following notice and return of
service:—
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
The United States op America
vs.
The Schooner "Onward."
To Daniel Monroe greeting:    You are notified that by order of Lafayette Daw-
Tuesday, 7th September, 1886, at 7 o'olook, p.m., or as soon thereafter as the matter
can be reached, and if not completed on said evening, the taking of said depositions
•wiU be continued by said clerk, from time to time, until completed.
ANDREW T. LEWIS, Clerk.
Dated 7th September, 1886. (
78
United States op America, \ gg
District of Alaska. j
This is to certify that on the 7th day of September, 1835, before 12 o'clock noon
of that day, I served the annexed notice on the within named Daniel Monroe, at
Sitka, District of Alaska, by then and there personally delivering to said Daniel
Monroe a copy of said notice. And then and there gave him the privilege of being
present at the .taking of said depositions.
BARTON ATKINS, United States Marshal.
Dated 9th September, 1886.
On the 10th day of September, 1886, were filed the following depositions :—
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA., UNITED STATES AMERICA.
United States
vs.'
The Schooner " Onward."—No. 49.
Depositions of witnesses sworn and examined before me on the 7th day o f
September, A D. 1886, at 7 o'clock p.m., of said day, and on 8th and 9th September,
1886, thereafter, at the clerk's office of said court, in Sitka, District of Alaska, United
States of America, by virtue and in pursuance of the order of said court, made and
entered in the above entitled action on 6th September, A.D. 1836, directing that the
testimony and depodtions of said witnesses be takau before ma at said first mentioned time and place and at suoh subsequent times as the taking of the same might
be continued to by me, in said action then and there pending in said District Court
between the United States as plaintiff and the schooner " O award " as defendant, on
behalf of and at the instance of the said plaintiff, the United States, and upon notice
of the time and place of taking said depositions, served upon Daniel Monroe, the
-captain of said schooner, and in possession thereof at time of seizure, and upon W.
Clark, Esq., his attorney, the owners thereof being unknown and without the jurisdiction of this court.
Captain C. A. Abrey, being duly sworn, deposes and says:—
I am a captain in the United States revenue marine service, at present in command of the United States revenue steamer " Corwin, " on special duty in Alaskan
waters, for the protection of the seal islands and of the Government interests generally.
Q. What were you doing and what occurred on 2nd of August last in the line of
your duty ? A. Cruising in Behring Sea, about 115 miles south south-east from St.
•George Island and in about latitude and longitude ; between
four and five o'clock in the morning, when 1st Lieut. J. W. Howison reported to
me that there was a schooner alongside of us, which in answer to his hail replied that
she was taking fur seals here in Behring Sea. 1 then directed him to seize her and
place her in charge of C. T. Winslow, boatswain of the "Corwin," I having no commissioned officer to spare at that time. I then got a hawser to her and proceeded to
Oonalaska harbor whare I placed the vessel, cargo, tackle, furniture and appurtenances in charge of Deputy United States marshal Isaac Anderson, of Oonalaska;
the cargo of fur seal skins being stored in " Keuch," in one of the warehouses of the
Alaska Commercial Company and under seal.
The arms and ammunition I took aboard the " Corwin " and brought to Sitka,
and delivered them to the United States marshal there; the said vessel °tackle, furniture and cargo are now in the custody of the United States marshal of this district.
Q. Was this the vessel against whioh the libel of information is filed 1    A. It is.
Q, Did this all occur within the waters of Alaska and the Territory of Alaska
and within the jurisdiction of this court ?    A. It did. 79
Q. Did this occur within the waters of the sea'navigable for vessels of (10) ten
tons burden or over ?   A. It did.
C. A. ABBEY.
Subscribed and sworn to before me this 9th day")
of September, A.D. 1886, after having been >
read over by me to deponent. 3
Andrew T. Lewis, Clerk U. S. Dist. Court.
J. W. Howison, being duly sworn, deposes and says :—
Q. State your name, age and occupation? A. J. W. Howison, am over 21
years of age, 1st Lieutenant in the United States revenue service and executive
officer on the United States revenue steamer "Corwin " and was suoh on the 2nd of
August of this year.
Q. State what happened on 2nd August, 1886, in the line of your duty? A.
Between 4 and 6, a.m.,S[ spoke to the schooner " Onward," of Victoria, B.C., and
asked if they were catching seal in Behring Sea and they answered yes. I reported
the same to the commanding officer of the " Corwin," who ordered the ve33el seized.
I lowered the boat with the boatswain, C. T. Winslow, and two men and a line, pulled to the schooner and put the boatswain and two men on board, told the captain of
the schooner, Daniel Monroe, that I seized him for catching fur seal in Bahring Sea.
I ran a line from the " Onward " to the schooner " Carolina," already in tow, and
returned to the 4 Corwin."
Q. State the place of this seizure as near as you can recollect? A. T
tion is given as latitude 55° nortn, and longitude 167 ° 40' west, that is abou
115 miles to the south and east of St. George.
J. W. HOWISON.
"Subscribed and sworn to before me this 9th day 1
of September, A.D. 1886, after having V
been read over by me to deponent. )
Andrew T. Lewis, Clerk U. S. Dist. Court.
Lieut. John C. Cantwell, being duly sworn, deposes and says •—
Q. State your name, occupation and age ?    A. John C. Cantwell, 3rd Lieutenant
United States revenue marine service, at present on duty United States revenue
steamer " Corwin," and over the age of twenty-one years—and was so during two
vears last past. I  . ".-,".        . .
O Do vou recognize this paper ? A. I do. It is the official inventory made
bv me'on or about the 12th of August, 18.6, of the furniture, tackle, appurtenances
and cargo of the schooner " Onward."    This inventory was made in consequence of
ct?   A. The posi-
t 110 or
the seizure of the vessel and gives a true and complete list of the furniture, tackle,
appurtenances and cargo of said vessel, with the exception of the arms and
ammunition. (Said inventory contains the usual ship's furniture of a vessel of the
cEsToAhe « Onward," navigLig instrumenhs, lights, tools, sads   ^iSTcSL
ro" seal^"fff^^of I?AS^ftnV United States ma shal at Oonalaska   i4th August, 1886, for said furniture, stores and cargo is attached thereto.).
«'«By wrtness" the item "400 seal skins" in said inventory means fur sealskins.
JOHN C. CANTWELL, 3rd Lieutenant, U. S. R. M.
•^Subscribed and sworn to before me this 9th day ~\
of September, 1886, after having been read V
over by me to deponent.   ^^     ^ ^ ^ & ^ ^
John U. Rhodes, being duly sworn, deposes and^J^ | the
O  State vour name, age and occupation ?   A. John U. Rhodes.    1 am over tne
a.etft^^^anS-^^M^  United Statos re7eQQe  marine and
attached to the revenue steamer " Corwin. r
80
Q Do you recognize this paper ? A. I do. This paper marked (Ex. " M ) is
the clearance paper of the schooner " Onward," Victoria, B.C. I found this paper
on the said schooner at the time of her seizure and then and there took possession of
it. (Said clearance describes the " Onward " as a British schooner of 35.20 tons,
navigated with four men, wood built, and bound for Pacific Ocean and Behring Sea,
having on board ballast for fishing and huntirg voyage.) It is dated at Victoria,
B.C., 12th April,   1886.
Q. What arms and ammunition, if any, did you find aboard the schooner
"Onward " at the time of her seizure ? A. Twelve guns, one keg powder, partly
filled, one can of powder, half a bag of buck-shot, two small bags caps.
Q. What was done with these arms and ammunition ? A. They were brought
to Sitka on the " Corwin " and turned over to the United States marshal at Sitka,
and are now in his custody.
JOHN U. RHODES.
Subscribed and sworn to before me this 9th day \
of September, A. D.  1886, after having     £■
been read over by me to deponent. 3
Andrew T. Lewis, Clerk U. S. Dist. Court.
John U. Rhodes being duly sworn, deposes and says:—
Q. State your name, age and occupation ? A. John U. Rhodes, lieutenant.
"United States revenue marine, at present on the United States revenue steamer
" Corwin," and over the age of twenty-one years.
Q. Was any other property seized upon the schooner "Onward " except what is
included in the general inventory ? A. There was a box containing clothing and
nautical instruments, the box was marked Daniel Monroe, master of the schooner
" Onward."
Q Wbat was done with this property ? A. I turned it over to the United
States marshal at Sitka, and it is now in his custody.
JOHN U. RHODES.
Subscribed and sworn to before me this 9th day")
of September, A. D.  Ife86, after having     [■
been read over by me to deponent, J
Andrew T. Lewis, Clerk U. S. Dist. Court.
Charles T. Winslow, being duly sworn, deposes and says:—
Q. State your name, age and occupation. A. My name is Charles T.
Winslow, 48 years of age. I am a boatswain on the revenue cutter " Corwin," and
was soon 2nd August, 1886.
Q. State what occurred on the last mentioned day. A. At about 5 or 6, a.m. I
was ordered by Lieut. Howison to go on board the schooner " Onward," which he
had seized, and I did so.
Q. What did you see on board, if anything ? A. About amidships on deck I
saw 20 or 30 dead fur seal that had not been skinned, and some of them were
bleeding. There were nine canoes on board with bloody water in them and with
spears and outfit suitable for seal killing. Captain Monroe, of the " Onward " then
told me he had caught 25 fur seal the day before the seizure and 125 the day before
that. This was in answer to my statement that the " Carolina " had 75 seal in her
boats.
CHARLES T. WINSLOW.
Subscribed and sworn to before me this 8th day")
of September,  A.D.   1886, after having     C
been read over by me to deponent. j
Andrew T. Lewis, Clerk U. S. Dist. Court. 81
Albert Leaf, being duly sworn, deposes and says •	
Q. State your name, age and occupation. A. Albert Leaf, over 21 years of age
and a seaman employed on the revenue cutter "Corwin," and was so on the 2nd day
of August last. J
«n ^' T» o1 naPPened on the la8t named day in connection with the schooner
Onward ? A. I was placed on board the schooner " Onward " by Lieut. Howison
when the vessel was seized, I saw dead fur seal with fresh blood on them on the
^forward deck and fresh fur seal skins on the deck, and there were salted fur seal
skins in the hold. I saw nine canoes with blood in them, and spears equipped for
seal killing.    All this was upon the schooner " Onward " at the time of her seizure
or.     IH     , ALBERT LEAF.
Subscribed and sworn to before me this 8th day )
of September, A.D. 1886, after having     [■
been read over by me to deponent. j
Andrew T. Lewis, Clerk U. S. Dist. Court.
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
The United StAtes
vs.
The Schooner " Onward."—No, 49.
Whereas on the 6th day of September, 1886, the said District Court duly made
and entered in the journal of said court an order directing that the testimony and
depositions of the witnesses: C. A. Abbey, J. W. Howison, J. C. Cantwell, J. U.
Rhodes, C. T. Winslow and Albert Leaf be taken before me, the clerk of said court,
at the time or times and place and upon such notice as are specified in said order.
Now, therefore, this is to certify—that in pursuance of said order, on 7th September, 1886, at 7 o'clock, p.m., each and all of the above-named witnesses appeared
before me at the clerk's office of said court at Sitka, District of Alaska, United States
of America; that M. D. Ball, Esq., district attorney of said court and district, and
W. H. Payson, Esq., appeared then and there on behalf of and as attorneys and
proctors for the United States, the libellant herein; and W. Clark, Esq., then and
there appeared on behalf of and as attorney and proctor for the said schooner and
her owners herein, and Daniel Munroe then and there appeared in pursuance of
notice served upon him.
That I was unable to complete the taking of said depositions on said 7th day of
September, 1886, and I continued the taking thereof on the 8th and 9th of September,
lfc86, and completed the same on said last named day. That the said parties by
their said attorneys and proctors then and there appeared and were present on each
of said last named days and at all times during the takings of said depositions. That,
each of said witnesses was then and there duly cautioned and sworn by me, that
the evidence he should give in said action should be the truth, the whole truth, and
nothing but the truth, and thereafter each of said witnesses was then and there
examined before me, and I then and there took down the statement and testimony
of each of said witnesses, and reduced the same to writing in his presence, and then
read the same over to him ; and he then and there, after the same had been so-
reduced to writing and read over to him, subscribed the same in my presence, and
.swore to the truth thereof.
That the foregoing depositions are the depositions of said witnesses then and
there taken before me as aforesaid.   That due notice of the taking of said depositions
was given as required by said order.
Witness my hand and the seal of said District!
Court this 9th day of September, A.D. 1886. j
l*L.S 1 Andrew T. Lewis, Clerk of the United States District Court
L      'J in and for the District of Alaska, United States of America.
65—6 /
82
On 20th September was filed the following amended libel of information :—
In the United States District Court, in and for the District of Alaska,
United States of America.
August Special Term, 1886.
To the Honorable Lafayette Dawson, Judge of said District Court.
The amended libel of information of M. D. Ball, attorney for the United States
for the District of Alaska, who prosecutes on behalf of the said United States and
being present here in court in his own proper person, in the name and on behalf of
the said United States, alleges and informs as follows, to wit:—
That C. A. Abbey, an officer in the revenue marine service of the United States,
duly commissioned by the President of the United States, in command of the United
States revenue cutter " Corwin," and on special duty in the waters of the District of
Alaska heretofore, to wit, on the 2nd 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
United States and said district, on waters navigable from the sea by vessels of ten or
more tons burden, seized the schooner " Onward," her tackle, apparel, boats, cargo
and furniture, being the property of some person or persons unknown to said attor-^
ney.   The said property is more particularly described as follows, to wit :—
One schooner " Onward," of Victoria, B.C., nine canoes, carpenters' tools, caulking implements, three anchors, chronometer, clock, nautical instruments, sails, running rigging, rope, twine, lamps, oil, three tons of salt, casks and buckets, 400 fur
seal skins, provisions, twelve guns and ammunition for same, and all other property
found upon or appurtenant to said schooner. That said C. A. Abbey was then and
there duly commissioned and authorized by the proper department of the United I
States to make said seizure.
That all of said property was then and there seized  as forfeited to the Unitedl
States for the following causes :—
That said vessel and her captain, officers and crew  were then and there founds
engaged in killing fur seals within the limits of Alaska Territory and in the waters
thereof, in violation of section 1956 of the Revised Statutes of the United States.
That all the said property, after being seized as aforesaid, was brought into the
port of Oonalaska in said territory, and delivered into the keeping of Isaac Ander-^
son, a deputy United States marshal of this district, with the exception of said arms
and ammunition, which latter were brought into the port of Sitka in said district and,
turned over to the United States marshal of this district and all said property is now -
within the judicial district of Alaska, United States of America.
And the said M. D. Ball, attorney aforesaid, further informs and alleges:—
That on the 2nd day of August, 1886, James Marketich and certain other persons whose names are unknown to said United States attorney, who were ihen and
there engaged on board of the said schooner " Onward" as seamen and seal hunters
did, under the direction and by the authority of Daniel Munroe, then and there master
of said schooner, engage in killing and did kill, in the Territory and District of
Alaska, and in the waters thereof, to wit, 20 tur seal, in violation of section 1956 of
the Revised Statutes of the United States, in such cases made and provided.
That the said 400 fur seal skins, and other goods so seized on board of said
schooner " Onward " constituted the cargo of said schooner at the time of the killing
of eaid fur seals, and at the time of said seizure.
And said attorney saith that all and singular the premises  were  anc
id within the admiralty and  maritime jurisdiction of the United Sta
id are true
and within the admiralty and maritime jurisdiction of the United States, and of
this honorab'e court, and that by reason thereof, and by force of the statutes in
such cases made and provided, the aforementioned schooner, being a vessel of over
20 tons burden, and her tackle, apparel, boats, cargo and furniture, became and are
forfeited to the use of the United States.
Wherefore the said attorney  prays that the usual process and monition of this
honorable court issue in this benalf against said schooner and all said hereinbefore 83
described property to enforce the forfeiture thereof, and requiring notice to be given
to all persons to appear and show cause, on the return day of said process why said
forfeiture should not be decreed ; and that after due proceedings are had, all of said
property be adjudged, decreed and condemned as forfeited to the use of the United
■ btates; and for such other relief as may be proper in the premises.
Dated 20th September, lc86.
M. D. BALL, United States District Attorney for the District of Alaska.
On the same day was filed the following claim:—
In the United States District Court for the District of Alaska.
In Admiralty.
In the matter of the libel of information against the schooner " Onward" her
tackle, apparel, furniture and cargo.
Claim of Master for Owner.
And now Daniel Monroe, master of the schooner " Onward," intervening for the
interests of Charles Spring & Co., of Victoria, B. C, the owners of the schooner
" Onward," her tackle, apparel, furniture and cargo, as set forth in the libel of information herein, appears before this honorable court and makes claim to the said
-schooner " Onward," her tackle, apparel, furniture and cargo, as set forth in the said
libel of information and as the same are attached by the marshal under process of
this court at the instance of M. D. Ball, Esq., United States district attorney for the
District of Alaska.
And the said Daniel Monroe avers that the said Charles Spring & Co. were in
possession of the said schooner "Onward" at the time of the attachment thereof, and
that the said Charles Spring & Co , above named, are the true bona fide owners of the
said schooner, her tackle, apparel, furniture and cargo as seized by the marshal
aforesaid and that no other person is the owner thereof.
Wherefore he prays to defend accordingly.
DANIEL MONRO B.
•Subscribed and sworn to before me this 1
18th day of September, A.D. 1886   j
f L.S.] Andrsw T. Lewis, Clerk of U. S. District Court for the District of Alaska*
W. Clark & D. A. Dingley, Proctors for Claimant.
On the same day was filed also the following demurrer:—
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT
OF ALASKA.
United States
vs.'
Charles Spring and Schooner " Onward."
Demurrer.
The demurrer of Charles Spring & Co., claimants of the property proceeded
against in the above cause to the amended information filed herein.
1st The said claimants by protestation, not confessing all or any of the matters
in said amended information to be true, demurs thereto and says that the said matters
in manner and form, as the same are in said information stated and set forth, are not
sufficient in law for the United States to have and maintain their said action for the
forfeiture of the property aforesaid. ,,,.,. . i.     •   • lilll +~
2nd. The said claimants by protestation deny that this court has jurisdiction to
determine or try the question hereby put in issue.
3rd. And that said claimants are not bound by law to answer the same.
65—6£ 84
Wherefore the said claimants, Charles Spring & Co., pray that the said information may be dismissed with costs.
W. CLARK and D. A. DINGLEY, Proctors for Claimants,
Which demurrer was overruled by the court.
On the same day was filed the following answer of claimants:—
IN THE  UNITED  STATES  DISTRICT  COURT  FOR  THE  DISTRICT  OF
ALASKA.
United States
vs.
Charles Spring & Co., and Schooner "Onward."
An'swer.
The answer of Charles Spring & Co., claimants and owners of said  schooner-
| Onward," her tackle, apparel, furniture and cargo, as the same are set forth in the
information filed herein in behalf of the United States.
And now comes Charles Spring & Co., claimants as aforesaid and for answer to-
the said information against the said schooner " Onward," her tackle, apparel, furniture and cargo'as set forth in said information says that the said schooner " Onward,"
her tackle, apparel, furniture and cargo as set forth in the information mentioned
did not, nor did any part thereof become forfeited in manner and form as in said information in that behalf alleged, or at all.
Wherefore, the said claimants pray that  said  information be  dismissed with
costs to these claimants attached.
W. CLARK and D. A. DINGLEY, Proctors for Claimants.
United States,     \ gg
District of Alaska. }
Personally appeared before me, W. Clark, who being first duly sworn upon his-
oath, says:—
I am the duly authorized proctor for the claimants above named, that the foregoing answer is true as I verily believe.    That the reason this affidavit is made by-
me and not by claimants, is because said claimants are non-residents and are   absent
from the District of Alaska.
(This was treated as subscribed and sworn to by Daniel Monroe, master.)
Subscribed and sworn to before me this 1
day of September, A. D. 1886. j
On 22nd September, 1886, were filed the following exceptions to answer ;—
UNITED  STATES  DISTRICT  COURT,  DISTRICT   OF ALASKA   UNITED*
STATES OF AMERICA.
United States
vs.
The Schooner | Onward."—No. 49.
The said libellant hereby excepts to the sufficiency of the  defendant's answer-
herein, on the following grounds:—
1st. Said answer is not properly or at all verified as required by rule 27 of the
United States Admiralty rules:
S ! 2°d* .Said an8wer is not full, explicit or distinct to each or any allegation of the
libel herein, as required by said rule.
L 85
 i  -#
HI 3ht ^ fT^ d°es DOl,deny or ad^it ™Y of the allegations or facts in said
libel, but merely denies a conclusion of law.
21st September, 1886.
M. D. BALL and W. H. PAYSON, Proctors for Libellant.
.*u   ^hie^ excePlion8 were sustained by the court and on the same day was filed
the following amended answer:—
IN  THE  UNITED  STATES  DISTRICT  COURT  FOR  THE  DISTRICT  OF
ALASKA.
United States
vs.
Charles Spring & Co., and Schooner " Onward."—No. 49.
Amended Answer—In Admiralty.
To the Honorable Lafayette Dawson, Judge of the United States District Court
for the District of Alaska.
Daniel Monroe, master of the schooner " Onward," intervening for the interests
-and in behalf cf Charles  Spring & Co., owners  and   claimanis of said schooner
" Onward," her tackle, apparel, furniture and cargo for amended answer to the libel
of information herein against said schooner, her tackle, appaiel, furniture and cargo,
• alleges as follows:—
1st. That he denies each and every material allegation in said libel of information contained;
2nd. Denies that the said schooner " Onward," her tackle, apparel, furniture,
and cargo, and the property appertaining thereto as set forth and aescribed in said
libel of information or any part thereof became forfeited to the United States;
3rd. Denies that said schooner, her captain, officers and crew or any one of them
were found engaged in killing fur seal within the limitR of Alaska waters and within
the territory of Alaska in violation of section 195b of the Revised Statutes of the
United States as set forth in said libel of information or at all;
4th. Denies that they killed any number, great or less, or any number at all, of
fur seal or other fur bearing animals within the waters of Alaska, or within the said
territory of Alaska or in any part thereof.
5th. That all and singular the premises herein set forth are true.
Wherefore said master prays that this honorable court will be pleased to pronounce against the libel herein and that the same may be dismissed with costs to
•these claimants attached.
W. CLARK and D. A- DINGLEY, Proctors for Claimants.
United States,     ) gg
/District of Alaska, j
Daniel Monroe, being first duly sworn upon his oath, says :—
I am the master and  captain of the schooner " Onward."   That I have heard
read the foregoing answer and know the contents thereof and that the same is true
-of my own personal knowledge.
DANIEL MONROE.
■ Subscribed and sworn to before me this >
22nd day of September, A.D. 1886. j
Andrew T. Lewis, Clerk of the U. S. District Court for the District of Alaska.
On the 4th day of October, 1886, was filed the following return to the monition
issued on the 28th day of August, 1886, cited on page 3 of this transcript: Sitka, \ gg
District of Alaska, j |
Be it remembered, that, in obedience to the annexed monition, I have attached
the within described property and now hold the same in my possession subject to the
order of this honorable court;
And 1 have given due notice to all persons claiming said property to be and
appear before this District Court on the 4th day of October, 1886, at 10 o'clock, a.m.,
if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction
thereafter, then and there to make their claims and allegations in tbat behalf;
And that I have as ordered by said court caused said notice to be published, and
the same has been published in the Alaskan, a newspaper published at Sitka, in
said district, on the 4th day of September, 1886, and in each issue of said newspaper
subsequent thereto, until the said 4th day of Ootober, 1886.
BARTON ATKINS, Marshal, District of Alaska.
Sitka, Alaska, 4th October, 1886.
On the same day the following decree was entered :
IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT
OF ALASKA. UNITED STATES OF AMERICA.
United States
vs.
The Schooner " Onward*"—No. 49.
The marshal having returned on the monition issued to him in the above entitled action that in obedience thereto he has attf ched the schooner " Onward," her
tackle, apparel, boats, cargo and furniture and has given due notice to all persons-
claiming the same to appear before this court on this 4th day of October, 1886, at
10 o'clock, a.m., at the District of Alaska, United States of America, then and there to
appear and make their allegations in that behalf; and Daniel Monroe, the captain of
said vessel, having heretofore filed a claim to all said property on behalf of Charles
Spring & Co., of Victoria, B. C, the owners thereof, and no other persons having appeared and no claims or allegations having been made or filed herein by any other
person or persons, and the usual proclamation having been made, and said cause-
having been heard upon the pleadings and proofs, M. D. Ball, Esq., and W. H. Payson,
Esq., appearing as advocates for the said libellant, and W.JClark, as advocate for said
claimants; and the cause having been submitted to the court for decision, and due
deliberation being had in the premises, it is now ordered, sentenced and decreed as
follows:—
1st. That all persons whatsoever other than said claimants be and they are
hereby declared in contumacy and delault,
2nd. That said schooner | Onward " her tackle, apparel, boats and furniture and
her cargo of 400 fur seal skins, and all other property found upon or appurtenant to j
said schooner, be and the same are hereby condemned as forfeited to the use of the
United States.
3rd. That unless an appeal be taken to this decree within the time limited and
prescribed by law and the rules of court the usual writ of venditioni exponas be issued
to the marshal, commanding him to sell all of said property and bring the proceeds,
into this court to be distributed according to law.   Costs to be taxed are awarded
against said claimants.
Dated 4th October, 1886.
LAFAYETTE DAWSON, District Judge.
. Mm, in open court this 4th day of October, 1886, at Sitka, District of Alaska,
United States of America.
ANDREW T. LEWIS, Clerk.' On the same day the following motion was filed :—
IN THE UNITED STATES DISTRICT COURT FOR THE   DISTRICT   OF
ALASKA.
United States
vs.
Charles Spring & Co. and Schooner "Onward."
Motion to set aside Decree.
Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf
\ of the claimants herein, and moves the court.to set; aside the decree entered herein
; for the reason that the evidence produced on behalf of the United States is wholly-
insufficient upon which to base said degree.
W. CLA.RK and D. A. DINGLEY, Proctors for Claimants.
Whioh motion was, by the court, overruled and thereupon tbe following notice
\ of appeal was filed :
IN   THE UNITED STATES DISTRICT   COURT  FOR THE DISTRICT OF
ALA.SK A.
United States
vs.
Charles Spring & Co. and Schooner 1 Onward."
.  _ Notice of Appeal.
And now come W. Clark and D. A. Dingley, proctors for and in behalf of the
claimants herein, and notifies this honorable court that they hereby appeal from the
decree rendered herein to the Circuit Court having appellate jurisdiction over this
district and that said appeal is taken on questions of law and fact, and pray the
[ court lor an order on its clerk to prepare a complete transcript of the record herein,
as the law requires.
W. CLARK and D. A. DINGLEY, Proctors for Claimants.
On the 9th day of February, 1887, was entered the following order :—
In the Matter of the United States
vs.
Schooner " Onward,"
do       " Thornton,"
do       " Carolina,"
do       " San Diego,"
Arms and Ammunition Schr. " Sierba,"
Arms and Ammunition Schr. " City of San Diego,"
In the above causes, upon motion of the attorney for the United States and argument of counsel for the United States and for the interveners in said causes, and
consideration by the court, it is this day ordered that writs of venditioni exponas do
issue from the clerk of the said court to the marshal of the said district, for the sale
?of the attached vessels, with their tackle, cargoes and furniture of whatsoever des-
kription and of the arms and ammunition  attached in said causes ; and as to said
[attaohed vessels that the sale of the same (except the schooner " San Diego," which
shall be sold at Sitka) shall be made at Port Townsend, in the district of Washington
[Territory, and as to the seal skins, part of the cargoes of said vessels attached, that
sale'of the same shall be made at San Francisco, in the district of California, and
Rnat feale of said tchooner "San Diego," and all the other attached property be
No.
49.
do
50.
do
51.
do
52.
do
57.
do
58.
If
i\ 88
made at Sitka, in the district of Alaska. Thirty days' notice of such sales to be
siven at each of the places where the same are to be made, by posting such notice,
or by publication in Tome newspaper published at such places respectively. And
that said marshal do have the moneys arising from Mich sales together with the
writ commanding the same, at a district court of the United States for this the said
district of Alaska, to be held on the first Monday of September, 1887, and that he
then pay the same to the clerk of said court.
Clerk's Office, U. S. District Court, District of Alaska,
Sitka, 10th March, 1887.
I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing transcript of the record in the case of the United States vs. the schooner " Onward," her
tackle, apparel, &c, on libel of information, &c, pending in said court, has been compared by me with the original, and that it is a correct transcript therefrom and of
the whole of such original record, except the full text of the exhibits referred to in
the testimony therein, the purport of which only is stated, and that the said
purport of exhibits is correctly stated, as the same appears of record at my office and
in my custody.
[Seal.] ANDREW T. LEWIS, Clerk.
IN THE UNITED STATES DISTRICT COURT, FOR  THE DISTRICT OF
ALASKA.
The United States, Libellant,
vs.
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 Honorable 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 the said United States, and being present here 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 seryice of the United
States and on special duty in the waters of the district of Alaska, heretofore, to wit,
on the first 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 ten 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 oases made and pro- m
89
 _^ '
 a
vided, the aforementioned and described schooner or vessel, being a vessel ot over
twenty 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
honorable court issue in this behalf, and that all persons interested in the before-
mentioned 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
honorable 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.
M. D. BALL, United States District Attorney for the District of Alaska.
Whereupon forthwith issued the following monition:—
District of Alaska, Sot.
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
StateB 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, &o.,
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.
Yon 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 sam«, 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 sa;d court to be held in and for the
District of Alaska, on the 4th day of 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 Honorable 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 one thousand eight  hundred and eighty-six, and of the
Independence of the United States the one hundred and eleventh.
j-geaiT ANDREW T. LEWIS, Clerk. 90
On 6th September, 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
vs.
The Schooner | Thornton."
United States of America, \ gg
District of Alaska.        J
C. A. Abeey, being duly sworn, deposes and says:—
That he iB and at all times herein mentioned 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. Douglas, 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 one hundred 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  saicL
witnesses forthwith.
That Hans Guttormsen was master and in possession of said schooner " Thornton " at the time of seizure thereof.
C. A. ABBEY.
Subscribed and sworn to before me this \
6th day of September, 1886. j
Andrew T. Lewis, Clerk.
On the same day was entered the following order:
In the matter of The United States
vs.
Schooner "Thornton," Case No. 50.
do "Carolina," do 51.
do       " Onward," do       49.
do       I San Diego,"     do       52.
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. Douglas, C. T. Winslow, Albert Leaf, C. Wiihelm, 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 the taking of said depositions to be continued by said clerk, from
time to time, until completed. That notice of the time and place of taking said
depositions be served by the marshal of said district on Hans Guttormsen, James
Blake, Daniel Munroe and Charles E. Raynor, and upon W. Clark, Esq., attorney at
law, on or before 7th September, at 12, m., and that such shall be due and sufficient
and reasonable notice of the taking of said depositions.
Done in open court, this 6th day of September, 1886, now at this time W.
Clark, Esq., being present in court waives service of notice. 91
e=  ^^
On the 7th day of September, 1886, was filed the following notice and return-:—
IN THE UNITED SATES DISTRICT COURT, IN AND FOR THE DISTRICT^
OF ALASKA, UNITED STATES OF AMERICA.
The United States of America
vs.
The Schooner "Thornton."
To Hans Guttormsen, greeting: You are notified that by order of Lafayette
ttt^M ge °f Said Di8trict Court> the depositions of C. A. Abbey, J. C. Cantwell,
J. U. Rhodes  and J. H. Douglas will be taken  before the clerk of said District.
Court at his office, in Sitka, in said district, on  Tuesday, 7th September, 1886, at 7
o clock p. m., or as soon thereafter as the matter can be reached, and if not completed on said evening, the taking of said depositions will be continued by said clerk,
from time to time until completed.
Dated 7th September, 1886.
ANDREW T. LEWIS, Clerk.
United States of America, ) gg
District of Alaska.      J
This is to certify that on the 7th day of September, 1886,  before  12  o'clock,.
noon, of that day, I served the annexed notice on the within named Hans Guttormsen, at Sitka, District of Alaska, by then and  there personally delivering to said.
Hans Guttoimsen a copy of said notice; and then and theie gave him the privilege
trf being present at the taking of said depositions.
Dated 9th September, 18t6.
BARTON ATKINS, U. S. Marshal.
On 10th September, 1886, were filed tbe following depositions :—
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT'
OF ALASKA, UNITED STATES OF AMERICA.
The United States
vs.
The Schooner " Thornton."—No. 50.
Depositions of witnesses sworn and examined before me on the 7th day of September, 1886, at 7 o'clock, p.m., of said day and on 8th and 9th September, 1886, thereafter, at the clerk's office of said court in Sitka, District of Alaska, United States
of America, by virtue and in pursuance of tbe order of said court, made and entered
in the above entitled action on September 6th, 1886, directing that the testimony
and depositions of said witnesses be taken before meat said first mentioned time
and place and at such subsequent times as the taking of the earne might be continued to by me, in said action then and there pending in said District Court between
the United States as plaintiff and the schooner " Thornton " as defendant, on behalf
and at tbe instance of the said plaintiff, the United States, and upon notice of the
time and place of the taking of said depositions, served upon Hans Guttoimsen, the
captain of the schooner and in possession thereof at time of seizure, and upon W.
Clark, Esq., his attorney, the owners thereof being unknown and without the-
jnrisdiction of this court.
Captain C. A. Abbey, being duly sworn, deposes and says:—
Q   State your name and occupation ?   A. Captain C. A. Abbey, m the United
States revenue marine service, at present in command of the United States revenue
Steamer " Corwin | on special duty in Alaskan waters, for the protection of the seal
islands and of the Government interests in Alaska generally. 92
Q. What wore you doing and what occurred on the 1st day of August last in
the line of your duty? A. I was cruising in Behring Sea about 70 miles south
south-east from St. George Island in about latitude and longitude '      .   1
found the four boats of the British steam schooner " Thornton," of Victoria, B.C.,
engaged in killing fur seal. Each boat had in her from three to eight freshly killed
seal, arms and ammunition, rowers and hunters who stated that they belonged to
the said schooner " Thornton" and were engaged in taking or killing fur seal.
Some of them, if not all, were seen shooting at the fur seal which were swimming in
their neighborhood. On this evidence I cauted the vessel to be seized by Lieut.
Cantwell, took her in tow and proceeded with her to Oonalaska where I placed the
vessel, cargo, tackle, furniture and appurtenances in charge of Deputy United States
Marshal Isaac Anderson of Oonalaska; the cargo of fur seal skins being stored in
"Keuch," in one of the warehouses of the Alaska Commercial Company and under
seal. One boat of the " Thornton " was sent to Sitka by the schooner San Diego
and placed in custody of the United States marshal at Sitka. All of this property
is now in the custody of the United States marshal at Sitka, including her arms
and ammunition which I brought to Sitka on the '' Corwin."
Q. Was'this the vessel against which the libel of information is filed ?   A. It is.
Q. Did this all occur within the waters of Alaska and the Territory of Alaska
-and within the jurisdiction of this court ?   A. It did.
Q. Did this occur within the waters of the sea navigable for vessels of ten tons
burden or over ?   A. It did.
C. A. ABBEY.
Subscribed   and   sworn   to before   me   this")
9th  day of September, A.D. 1886,  after [•
having been read over by me to deponent. J
[Seal J Andrew T. Lewis, Clerk United States District Court.
Lieut. John C. Cantwell, being duly sworn, deposes and says :—
Q. State your name, oooupation and age?    A. John C. Cantwell, 3rd lieutenant
United States revenue marine service, at present on duty  United States revenue
steamer " Corwin " and over the age of twenty-one years.
Q   Were you so on the 1st day of August last ?    A. I was.
Q. State what occurred on that day in the line of your duty? A. I saw a small
'boat on the port bow; we came up to her and found she had about 8 fur seal on
board. The men in the boat were armed with breach-loading rifles. In answer to
the commanding officer the men admitted they were killing fur seal. Shortly after
we picked up a second boat and then sighted the schooner " Thornton." There
were dead seal in the second boat. I did not examine the other boats, I was sent on
board the schooner, saw Hans Guttormsen apparently acting as captain and Henry
Norman as mate. I asked them what they were doing. The captain replied,
Catching seals. I signaled this to Captain Abbey, who directed me to seize her,
which 1 did and the " Corwin" took the schooner in tow. The fur seal in the
'boats were bleeding and must have been killed within a few hours.
Q. How many men were on board of the " Thornton "   at the time of seizure ?
A. About fifteen.
Q. Was this a reasonable number for ordinary  purposes of commerce and
navigation ?   A. It was an unusually large number for the size of the vessel.
Q. Do you recognize this paper ? A. I do. It is the official inventory made
by me ot the furniture, tackle, and cargo of the schooner " Thornton." (Inventory
embraces the usual furniture, rigging, nautical instruments, boats and stores of a
vessel of this class with a cargo of 4U3 seal skins, 3 seal pup skins and one hair seal
• skin, and they are receipted for by L Anderson, Deputy United States marshal,
Oonalaska, 14th August, lb86.) The item 403 seal skins mentioned in the inventopy
are fur seal skins. This inventory gives a full and correct list of all the furniture,
tackle and cargo of said vessel, with tho exception of the following:—Arms and
^ammunition, octant and  one chronometer.   There is  one  boat belonging to the 93
«^k*S«U "t?** Wa^fnt US*11 °* the "San DieS°" and included in the inventory-
of the " San Diego.   The " Thornton " had four boats. y
JOHN C. CANTWELL, 3d Lieut. U. S. R. M.
Subscribed and sworn to before me this 9th day \
of September, A.D. 1886, after having been C
read over by me to deponent. J
[Seal.]
Andrew T. Lewis, Clerk U. S. Dist. Court.
John U. Rhodes, being duly sworn, deposes and says:—
Q. State your name, age and occupation ?   A. John U. Rhodes, over 21 years
of age and lieutenant in the United  States revenue marine   and attached to the-
Revenue steamer "Corwin," and was so on the 1st day of August, 1886.
Q. State what happened on the last named day in connection with the schooner
*' Thornton " ? A. I was on the " Corwin " at the time tbe " Thornton " was seized
on that day. We first picked up a boat bearing the name | Thornton," it had about
8 dead fur seal in it, the men in the boat had breech-loading rifles, we afterwards
picked up another boat and then sighted the schooner " Thornton " and went on
board and was put in charge of her. We afterwards picked up two more boats, the
men in the boats claimed that the boats belonged to the | Thornton " and were put
on board of her. There were between 15 and 20 dead fur seal on deck and one
hair seal. These seal were most of them bleeding and evidently recently killed.
The captain and several of the hunters said they had killed 21,1 think it was, fur
seals that day, and would have got more if they had had more daylight and if the
cutter bad not come up.
Q. Do you recognize these papers ? A.I do. This paper marked (Ex. " G")
is the clearance paper of the schooner " Thornton " (this paper represents the British
steam schooner " Thornton," Hans Guttormsen, master, 22*30 tons, navigated with
15 men, bound for the Pacific Ocean, Behring Sea and Okhotsk Sea, on a hunting
and fishing voyage, as having oleared from Victoria, British Columbia, 15th May,
1886). This paper marked (Ex. " H ") is her bill of health (issued same date and
place with clearance). I found these papers in the schooner " Thornton " at the
time of seizure and then took possession of them.
Qv What was the list of arms and ammunition found aboard the schooner
" Thornton " at the time of seizure ?. A. 4 rifles, 6 shot guns, 867 shot gun cartridges, 420 rifle gun cartridges, 108 lbs. powder, 1 keg powder, partly filled, 2 bags
bullets, 11 bags buckshot, 5 boxes wads, 3J boxes primers.
Q. What has become of these arms and ammunition ? A. They were delivered
to the United States marshal at Sitka and are now in his custody.
JOHN U. RHODES, Lieut. U. S. R. M.
Subscribed aEd sworn to before me this 8tb day "^
of September, A.D. 1886, after having been >•
read over by me to the deponent. )
[Seal.]
Andrew T. Lewis, Clerk U. S. Dist. Court.
JohnU. Rhodes, being duly sworn, deposes and says: —
Q. State your  name,  age    and   occupation?    A. JohnJJ. Rhodes, lieutenant
Q State your name, age and occupation ? A. Jonn u. itnooee, lieutenant
United States revenue marine, at present on duty on the United States revenue
steamer "Corwin," and over the age of 21 years.
O   State what nautical   instruments, if any,  were seized on the  schooner
"Thornton" except such as   are   included in her general   inventory?   A. Oi
chronometer, No. 1374, made by Kessels and one octant, 94
Q. What has become of this property ?   A. I turned it over to  the   United
•--States marshal at Sitka, and it is now in his custody.
JOHN U. RHODES.
Subscribed and sworn before me this 9th "^
day of September, A.D. 1886, after having V
been read over by me to deponent. J
, [Seal.] Andrew T. Lewis, Clerk U. S. District Court.
J. H. Douglas, being duly sworn, deposes and says :—
Q. State your name, age and occupation? A. J. H Douglas; am over the
age of 21 years; am a pilot in the revenue marine service of tho United States, and
have been so for the seven years last past. I am now, and on the first of August,
1886, was pilot on the revenue steamer 4 Corwin."
Q. State what occurred on the last named day in connection with the schooner
"Thornton ?" A. We sighted a boat on our port bow and soon after saw another
boat; steamed to the first boat and ordered her to come alongside, which she did.
The name f Steamer Thornton " was on the stern of the boat. There were two or
three men in the boat with arms, and six or eight dead fur seal whioh bad the appearance of having been lately killed. I asked the men what luek they had had. One
of them replied: " We have six or eight, but not as good as some days." We took
possession of the boat and contents by order of Captain Abbey. We then picked up
the second boat, finding it engaged in the same business; then we sighted a schooner
drifting without sail or steam, which proved to be the steam schooner " Thornton."
On coming up with her she was seized, by order of Capt. Abbey, and taken in tow.
We then picked up two more boats belonging to the " Thornton," having dead
fur seal on board. This was in Behring Sea, about 65 miles south east from St.
-George's Island, and about 500 or 600 miles to the eastward of the western boundary
line of Alaska territory.
Q. State what experience you have had in the fur sealing business,  and your
knowledge of the habits of the fur seal ?    A. I have been cruising for more than
'fifteen years off and on in Alaskan waters, always as an officer or pilot,  and have
-visited the Pribiloff Islands, St. Paul and St. George, several hundred times, and am
perfectly familiar with the sealing business as conducted on those islands and understand the migrating habits of the fur seals.   From about the 1st of May to about the
1st of July of each year the fur seal is migrating north and mostly through the
"Unimak and Akutan Passes to these islands for breeding purposes.    They go to no
other place in the known world except these islands and Copper Island for breeding
purposes.
After the breeding season of about a month they begin to migrate south
and until November of each year are migrating south through Behring
Sea. During this season, from May till November, the fur seal are plenty in
the waters adjoining the Pribiloff Islands, and are migrating to and from these
islands, and are at all times very plenty between Unimak Pass and said islands, in a
track about thirty miles wide, which seems to be their highway to and from said
dslands. The schooner " Thornton " and her boats when seized were directlv on this
track. J
J. H. DOUGLAS.
-Subscribed and sworn to before me this 8th )
day of September, A.D. 1886, having been C
read over by me to deponent. )
[Seal.] A. T. Lewis, Clerk U. S. District Court. 95
JN THE UNITED STATES DISTRICT- COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
The United States
vs.
The Schooner " Thornton."—No. 50.
Whereas on the 6th day of September, 1886, the said District Court duly made
and entered in the journal of said court an order in the above entitled action, directing that the testimony and depositions of the witnesses : C. A. Abbey, J. C. Cantwell, J. U. Rhodes and J. H. Douglas, be taken before me, the clerk ot said court, at
the time or times ana place and upon such notice as was specified in said order :
Now therefore this is to certify that in pursuance of said order, on 7th September, 1886, at 7 o'clock, p.m., each and all of the above-named witnesses appeared
before me at the clerk's office of said court at Sitka, District of Alaska, United
^States of America ; that M. D. Ball, Esq., district attorney of said court and district,
and W. H. Payson, Esq., appeared then and there on behalf of and as attorneys and
proctors for the United States, the libellant herein ; and W. Clark, Esq., then and
there appeared on behalf of and as attorney and proctor for the said schooner and
her owners herein ; and Hans Guttormsen then and there appeared in pursuance of
notice served upon him.
That I was unable to complete the taking of said depositions on said 7th day of
-September, 1886, and I continued the taking thereof on the 8th and 9th of September, 1886, and completed the same on said last named day. That the said parties by
their said attorneys and proctors then and there appeared and were present on each
of said last named days and at all times during the taking of said depositions. That
each of said witnesses was first duly cautioned and sworn by me, then and there,
that the evidence he should give in said action should be the truth, the whole truth,
and nothing but the truth, and thereafter each of said witnesses was then and there
examined before me, and I then and there took down the statement and testimony
of each of said witnesses, and reduced the same to writing in his presence, and then
and there read the same over to him; and he then and there, after the same had
been so reduced to writing and read over to him, subscribed the same in my presence,
and swore to the truth thereof-
That the foregoing depositions are the depositions of said witnesses then and
there taken before me as aforesaid. That due notice of the taking of said depositions
was given as required by said order.
In witness whereof I have hereunto set my hand and the seal of said District Court,
this 9th day of September, 1886.
ANDREW T. LEWIS,
Clerk U. S. Dist. Court in and for the Dist. of Alaska, United States of America.
On the 20th day of September, 1836, was filed the following claim of master for
owner:—
Is the United States District Court for the District oe Alaska.
In Admiralty.
In  the  matter of the libel of information against the schooner " Thornton,"  her
tackle, apparel, furniture and cargo.
Claim of master for owner.
And now Hans Guttormsen, master of the schooner " Thornton " intervening
for the interest of J. D. Warren, of Yictoria, B.C., the owner of the said schooner
" Thornton," her taokle, apparel, furniture and cargo, as set forth in the libel of information herein, appears before this honorable court and makes claim to the said
schooner " Thornton," her tackle, apparel, furniture, and cargo, as set forth in the
said libel of information and as the same are attached by the marshal under process 96
of this court at the instance of M. D. Bail, Esq., United States district attorney for
the District of Alaska. ,,_,._.'
And the said Hans Guttormsen'avers that the said J. D. Warren was in possession of the said schooner at the time of the attachment thereof.
And that the said J. D. Warren above named is the true and bond fide owner of
the said schooner, her tackle, apparel, cargo and furniture as seized by the said
marshal as aforesaid and that no other person is the owner thereof. Wherefore he
prays to defend accordingly. j ^^ GUTT0RMSEN>
Subscribed and sworn to before me this )
18th day of September, A. D. 1886. j
Andrew T. Lewis, Clerk of the U. S. Dist. Court for the District of Alaska.
[Seal.]
W. Clark and D. A. Dingley, Proctors for Claimant.
On tbe same day was filed the following amended libel of information:—
In the United States District Court, in and for the District op Alaska,,
United States of America.
August Special Term, 1886.
To the Honorable Lafatette Dawson, Judge of said District Court:—
The amended 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 here in court in his own proper person, in the name and on behalf of the said
United States, alleges and informs as follows, to wit:—
That C. A. Abbey, an officer in the revenue marine service of the United States,
duly commissioned by the President of the United States, in command of the United
States revenue cutter " Corwin," 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 United States and said district, on waters navigable from the sea by
vessels of ten or more tons burden, seized the schooner " Thornton," her tackle,
apparel, boats, cargo and furniture, being the property of some person or persons
unknown to said attorney. The said property is more particularly described as
follows, to wit: —
1. Schooner '-Thornton" of Victoria, B.C., 4 boats with oars, sails and gear;
carpenters' and caulking tools and materials; 5 tons of coal, 10 yds. of canvas, clock,
chronometer, nautical instruments, provisions, sails and running gear, ropes, twine,
lamps, oil, casks, buckets, engine and gear, 20 sacks of salt, 403 fur seal skins, 1 hair
seal skin, 3 pup seal skins, 4 rifles, 6 shot guns, and arms and ammunition for same,,
and all other property found upon or appurtenant to said schooner.
That said C. A. Abbey was then and there duly commissioned and authorized
by the proper Department of the United States to make said seizure.
That all of said property was then and there seized as forfeited to the United
States for the following causes:—
That said vessel, her captain, officers and crew were then and there found engaged in killing fur seals within the limits of Alaska Territory and within the waters
thereof, in violation of section 1956 of the Revised Statutes of the United States.
That all the said property, after being seized as aforesaid, was brought into the
port of Oonalaska in said territory, and delivered into the keeping of Isaac Anderson, a deputy United States marshal of this district, with the exception of the said
arms and ammunition, which latter were brought into the port of Sitka, in said
district, and turned over to the United States marshal of this district, and ail of said
property is now within the judicial district of Alaska, United States of America. 97
And the said M. D. Ball, attorney as aforesaid, further informs and alleges:—
That on the 1st day of August, 1886, Henry Norman, and certain other persons
whose names are to said United States attorney unknown, who were then and
there engaged on board of the said schooner "Thornton " as seamen and seal-hunters,
did, under the direction and by the authority of Hans Guttormsen, then and there
master of said schooner, engaged in killing and did kill, in the Territory and District
of Alaska, and in the waters thereof, to wit, 20 far seals, in violation ot section 1956
of the Revised Statutes of the United States, in such cases made and provided.
That the said 403 fur seal skins, 3 pup skins, 1 hair seal skin, and other goods so
seized on board of said schooner " Thornton " constituted the cargo of said schooner
at the time of the killing of said fur seals, and at the time of said seizure.
And said attorney saith that all and singular the premises were and are true and
within the admiralty and maritime jurisdiction of the United States and of this
honorable court, and that by reason thereof, and by force of the statutes in such
cases made and provided, the aforementioned schooner, being a vessel of over 20 tons
burden, and her said tackle, apparel, boats, cargo and furniture, became and are
forfeited to the use of the United States.
Wherefore the said attorney prays that the usual process and monition of this
honorable court issue in this behalf against said schooner and all said hereinbefore
described property to enforce the forfeiture thereof, and requiring notice to be given
to all persons to appear and show cause, on the return day of said process, why said
forfeiture should not be decreed; and that after due proceedings are had, all of said
property be adjudged, deoreed and condemned as forfeited to the use of the Unite
States; and for such other relief as may be proper in the premises.
Dated 20th September, 1886.
M. D. BALL, U. S. Dist. Attorney for the District of Alaska.
On the same day was filed the following demurrer: —
IN  THE UNITED STATES DISTRICT COURT FOR  THE   DISTRICT   OF
ALASKA,
United States
vs.
J. D. Warren and Schooner | Thornton."
Demurrer.
The demurrer of J. D. Warren, claimant of the property proceeded against in the
above cause to the information filed herein.
1st The said claimant by protestation, not confessing all or any of the matters
in said amended information contained to be true, demurs thereto and says that tho
said matters in manner and form, as tbe same are in the information stated and set
forth, are not sufficient in law for the United States to have and maintain their said
action for the forfeiture of the property aforesaid.
2nd. The said claimant by protestation denies that this court has jurisdiction to-
determine or try the question hereby put in issue.
3rd- And that the said claimant is not bound in law to answer the same
Wherefore the claimant prays that said information may be dismissed with costs.
W. CLARK and D. A. DINGLBY, Proctors for Claimant.
Which demurrer was overruled by the oourt, and on the same day was filed the
following answer:—
65—7 98
IN THE   UNITED   STATES DISTRICT  COURT FOR THE  DISTRICT  OF
ALASKA.
United States
vs.
J. D. Warren and Schooner | Thornton."
Answer of Claimant.
The answer of J. D. Warren, owner and claimant of the said schooner " Thorn-
•ton," her tackle, apparel, cargo and furniture, as the same are set forth in the information filed herein in behalf of the United States.
And now comes J. D. Warren, claimant as aforesaid, and for answer to the said
information against the said schooner "Thornton," her tackle, apparel, furniture
and cargo as set forth in said information eays that the said schooner "Thornton,"
her tackle, apparel, furniture and cargo as set forth in the information mentioned,
did not nor did any part thereof become forfeited in manner and form as in said
information in that behalf alleged, or at all.
Wherefore, the said claimant prays that said information be^dismissed with costs
to this claimant attached.
W. CLARK and D. A, DINGLEY, Proctors for Claimant. \
On the 22nd of September, 1886, were filed the following exceptions to
answer :—
UNITED STATES  DISTRICT   COURT,   DISTRICT  OF  ALASKA, UNITED
STATES OP AMERICA.
United States
vs.
The Schooner " Thornton."—No. 50.
The said libellant hereby excepts to the sufficiency of the defendant's answer
herein, on the following grounds :—
1st. Said answer is not properly or at all verified as required by rule 27 of the
United States Admiralty rules;
2nd. Said answer is not full, explicit or distinct to each or any allegation of the
libel herein, as required by said rule;
3rd. Said answer does not deny or admit any of the allegations of faot in said
libel, but merely denies a conclusion of law.
21st September, 1886.
M. D. BALL and W. H. PAYSON, Proctors for Libellant.
Whioh exceptions were sustained by the court, and on the same day was filed the
following amended answer :—
IN THE UNITED STATES   DISTRICT   COURT FOR   THE DISTRICT OF
ALASKA.
United States
vs.
J. D. Warren and Schooner | Thornton."
Amended Answer.
To the Honorable Lafayette Dawson, Judge of the United States District Court
for the District of Alaska.
Hans Guttormsen, master of the schooner " Thornton," intervening for the
interest of and in behalf of J. D. WarreD, owner and claimant of said schooner The Schooner " Thornton."—No. 50.
The marshal having returned on the monition issued to him in the above entitled aotion that in obedience thereto he has attaohed the sam schooner    Thornton,
65—7J
99
"Thornton," her tackle, apparel, furniture and cargo for amended answer to the libel
ot information herein, againstsaid schooner, her tackle, apparel, furniture and careo
alleges as follows:— rr e *
1st. That he denies each and every material allegation in said libel of informa-
tion contained ;
2nd. Denies that the said schooner " Thornton," her taokle, apparel, furniture,
cargo, and the property appertaining thereto as set forth and described in said libel
-of information or any part thereof became forfeited to the United States ;
3rd. Denies that said schooner, her captain, officers and crew or any one of them
were found engaged in killing fur seal within the limits of Alaska Territory and
within the waters thereof in violation of section 1956 of the Revised Statutes of the
United States as set forth in said libel of information or at all;
4th. Denies that they killed any number of fur seal or other fur bearing animals
within the waters of Alaska or the Territory of Alaska or in any part thereof.
5th. That all and singular the premises herein are true.
Wherefore said master prays that this honorable court will be pleased to pronounce against the libel herein and that the same may be dismissed with costs to the
■claimants to be taxed.
W. CLARK and D. A. DINGLEY, Proetorsfor Claimant.
United States,  ")««
District of Alaska. }
Hans Guttormsen being first duly sworn, says he is master of the schooner
" Thornton," that he has heard read the foregoing aaswer and knows the contents
thereof and that the same is true of his own personal knowledge.
H. GUTTORMSEN.
Subscribed and sworn to before me this )
22nd day of September, A.D. 1886. j
Andrew T. Lewis, Clerk of the U. S. Dist. Court for the District of Alaska.
On the 4th day of Ootober, 1886, the motion cited, page 5, was returned with the
following endorsement :—
Sitka, ) gs
District of Alaska, j
Be it remembered, that, in obedience to the annexed monition, I have attached
the within described property and now hold the same in my possession subject to the
order of this honorable court;
And I have given due notice to all persons claiming said property to be and
appear before this District Court on the 4th day of Ootober, 1886, at 10 o'clock, a.m.,
if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction
thereafter, then and there to make their olaims aud allegations in that behalf: —
And I have caused said notice to be published, and the same has been published
in the Alaskan, a newspaper published at Sitka in said district, on the 4th day of
September, 1886, and in each issue of said newspaper subsequent thereto, until 4th
day of October, 1886.
Sitka, Alaska, 4th October, 1886.
BARTON ATKINS, Marshal, Dist. of Alaska.
On the same day was filed the following decree :—
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
United States
vs. f
100
her tackle, apparel, boats, oargo and furniture, and has given due notice to all persons claiming the same to appear before this court on this 4th day of October, 1886,
at 10 o'clock, a.m., at the District of Alaska, United States of America, then and
there to interpose their claims and make their allegations in that behalf; and Hans
Guttormsen, the captain of said vessel, having heretofore filed a claim to all of said
property on behalf of J. D. Warren, of Victoria, B. C, the owner thereof, and no
other persons having appeared and no claims or allegations having been made or filed
herein by any other person or persons, and the usual proclamation having been
made, and said cause having been heard upon the pleadings and proofs, M.D. Ball,
Esq., and W. H. Payson, Esq., appearing as advocates for said libellant, and W.
Clark as advocate for said claimant; and said cause having been submitted to the
court for decision, and due deliberation being had in the premises, it is now ordered,
sentenced and decreed, as follows:—
1st. That all persons whatsoever, other than said claimant, be and they are
hereby declared in contumacy and default,
2nd. That the said schooner "Thornton," her tackle, apparel, boats and furniture and her cargo of 403 fur seal skins, and all other property found upon and appurtenant to said schooner, be and the same are hereby condemned as forfeited to
the use of the United States.
3rd. That unless an appeal be taken to this decree within the time limited and
prescribed by law and the rules of this court, the usual writ of venditioni exponas
he issued to the marshal commanding him to sell all of the said property and bring
the proceeds into this court to be distributed according to law. Costs to be taxed
are awarded against said claimant.
Dated 4th October, It-86.
LAFAYETTE DAWSON, District Judge.
Done in open court this 4th day of Ootober, 1886, at Sitka, District of Alaska.
United States ot America.
Clerk.
On the same day was filed the following motion to set aside decree:—
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
ALASKA.
United States
i vs.
J. D. Warren and Schooner " Thornton."
Motion to set aside Decree.
Now come W. Clark and D. A. Dingley, proctors intervening for and in behalf
of the claimant herein,  and moves the court to set aside the decree rendered herein
for the reason that the evidence produced on behalf of the United States is wholly
insufficient upon which to base said decree.
W. CLARK and D. A. DINGLEY, Proctors for Claimant.
Which motion was overruled by the court, and on the same day was filed the
following notice of appeal :
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
ALASKA.
United States
vs.
J. D. Warren and Schooner " Thornton."
Notice of Appeal.
«i«- And now come W. Clark and D. A. Dingley, proctors for and in behalf of the
claimant herein and notifies this honorable court that they hereby Ippeal from the Case No
49.
do
50.
do
51.
do
52.
do
57.
do
58.
f 101
-decree rendered herein to the Circuit Court having appellate jurisdiction over tins
district, and that said appeal is taken on questions of law and fact,  and pravs the
•court for an order on its clerk to prepare a complete transcript of the record herein
as the law requires. '
W, CLARK and D. A. DINGLEY, Proctors for Claimant.
On the 9th day of February, 1887, was entered the following order :—
In the Matter of the United States
vs.
Schooner " Onward,"
do     " Thornton,"
do     " Carolina,"
do     " San Diego,"
Arms and Ammunition Sohr. " Sierra,"
Arms and Ammunition Schr. " San Diego,"
In the above causes, upon motion of the attorney for the United States and argument of counsel for the United States and for the interveners in said causes, and
consideration by the court, it is this day ordered that writs of venditioni exponas do
issue from the clerk of said court to the marshal of said district, for the sale of the
attached vessels, with their tackle, cargoes and furniture of whatsoever description,
And of the arms and ammunition attached in said causes ; and as to said attached
vessels that the sale of the same (except the schooner " San Diego," whioh shall bo
sold at Sitka) shall be made at Port Townsend in the district of Washington Territory, and as to the seal skins, part of the cargoes of said vessels attached, that sale
of the same shall be made at San Francisco, in the district of California, and that the
sale of said schooner " San Diego," and all the other attached property be made at
Sitka in the district of Alaska. Thirty days' notice of such sale to be given at each
of the places where the same are to be made, by posting such notice, or by publication in some newspaper published at such places respectively. And that said
marshal do have the moneys arising from such sales, together with the writ commanding the same, at a district court of the United States for this, the said district
of Alaska, to be held on the first Monday in September, 1887, and that he then pay
the same to the clerk of said court.
Clerk's Office, U. S. District Court, District of Alaska,
Sitka, 10th March, 1887.
I, Andrew T. Lewis, clerk of the said court, do certify that the foregoing transcript of the record in the case of the United States vs. the schooner " Thornton,"
her tackle, apparel, &c, on libel of information pending in said court, has been
compared by me with the original, and that it is a correct transcript therefrom and
of the whole of such original, except the full text of the exhibits referred to in the
testimony therein, the purport of which only is stated, and that the purport of
said exhibits is correctly stated, as the same appears of reoord at my office and in
my custody.
Witness mv hand and the seal of said court this 10 th day of March. 1887.
[geal--]       * ANDREW T. LEWIS, Clerk.
IN  THE UNITED  STATES  DISTRICT  COURT  FOR  THE  DISTRICT  OP
ALASKA.
The United States, Lirellant,
vs.
Jee Sohooner " Carolina," her tackle, &o.
On libel of information for being engaged in the business of killing fur-seal in Alaska.
TRANSCRIPT  OF  REOORD.
On the 28th day of August, 1886, was filed the following libel of information |
i
J 102
In the District Court of the United  States for  the  District of Alaska.
August Special Term, 1886.
To the Honorable 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
here in court in his proper person, in the name and on behalf of the said United
States, against the schooner " Carolina," her taokle, apparel, boats, cargo and furniture and againBt 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 first day of August, 188e>, within the limits of Alaska Territory and in the
waters thereof, and within the civil and judicial district of Alaska, to wit, in the
waters of that portion of Behring Sea belonging to said district, on waters navigable from the sea by vessels of ten cr more tons burden, seized the ship or vessel
tsommonly called a schooner, the "Carolina," her tackle, apparel, boats, cargo and
furniture, being the property of tome person or persons to said attorney unknown,
as forfeited to the u6e of the United States for the following causes:
That the said vessel 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 aforementioned and described schooner or vessel, being a vessel of over
twenty tons burden, her tackle, apparel, boats, cargo and furniture, became and are
forfeited to the use ot 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
honorable court issue in this behalf, and that all persons interested in the beforemen-
tioned 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 causes aforesaid, and others
appearing, be condemned by tbe definite sentence and decree of this honorable court,
as forfeited to the use of the said United States according to the form of the statutes
of the said United States in such case made and provided.
M. D. BALL, U. S. Dist. Attorney for the Dist. of Alaska.
Thereupon issued forthwith the following monition; —
District of Alaska, Sot.
The President of the United States to the marshal of the District of Alaska,
greeting :
Whereas a libel of information bath been filed in the District Court of the
United States for the District of Alaska, on the 28th day of August, in the year
I8b6, by M. D. Ball, United States attorney for the district aforesaid, on behalf of
the United States of America, against the schooner "Carolina," her taokle, apparel,
boats, cargo and furniture, as forfeited to the use of the United States for the reasons
and causes in the 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 " Carolina," 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 " Carolina," her taokle, apparel, boats, cargo and
furniture may, for the causes in tbe 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  1 Carolina,""
lier tackle, apparel, boats, cargo and furniture, to detain the same in your custody
I 103
nntil 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 day of 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 frr 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.
Witn ess the Honorable 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 one thousand eight hundred and eighty-six and of the Independence of the United States the one hundred and eleventh.
[Seal.J ANDREW T. LEWIS, Clerk.
On the 6th day of September, 1886, was filed the following affidavit:—
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OK ALASKA, UNITED STATES OF AMERICA.
I he United States of America
vs.
The Schooner " Carolina."
United States, of America, ) qq
District of Alaska. j
C. A. Abbey, being duly sworn, deposes and says:—
That he is, and at all times hereinmentioned was, captain in the United States
revenue marine, and in command of the United States revenue cutter "Corwin."
That affiant and the following named officers and men of said "Corwin" are
material and necessary witnesses for the United States in the above entitled action ;
to wit:—J. C. Cantwell, lieutenant; Thos. Singleton, seaman; J. U. Rhodes,
lieutenant; T. Lorenson, seaman ; and J. H. Douglas, pilot.
That owing to scarcity of provisions and fuel upon said " Corwin," the saM
"Corwin" and deponent and said witnesses will be obliged to, and are about to go u>
sea within five days, and out of the district in which the said case is to be tried, and
to a greater distance than one hundred 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 James Blake was mate of said schooner at the time of its seizure, and is
the only person or officer of said schooner now within tho jurisdiction of this court,
or upon whom service of notice can be made as affiant is informed and believes.
r C. A. ABBEY.
Subscribed and sworn to before me this
6th day of September, 1886.
Andrew T. Lewis, Clerk.
On the same day was entered the following order:—
Dl THE   MATTER OF  THE  UNITED  STATES
vs.
Schooner "Thornton," Case No.
50.
do      " Carolina,"      do
bl.
do      " Onwabd,         do
49,
do W- " San Diego,"   do
52.
3 104
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 ciunsel 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. Douglas, 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 the taking of said depositions to be continued by said cierk, from
time to time, until completed. That notice of the time and place of taking said
depositions be perved by the marshal of said district on Hans Guttormsen, James
Blake, Daniel Monroe and Charles E. Raynor, and upon W. Clark, Esq., attorney at
law, on or before 7th September, at 12, m., and that such shall be due and sufficient
and reasonable notice of the taking of said depositions.
Done in open court this 6th day of September, 1886, now at this time W. Clark,
Esq., being present in court waives servioe of notice.
On the 7th day of September, 1886, was filed the following notice and return
thereof:—
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
The United States
vs.
The Schooner " Carolina,"
To James Blake, greeting: You are notified that by order of Lafayette Dawson,
judge of said District Court, that the depositions of C. A. Abbey, J. C. Cantwell, J.
U. Rhodes and J. H. Douglas wdl be taken before the clerk of said District Court
at his office, at Sitka, in said District, on Tuesday, 7th September, 1886, at 7 o'clock,
p. m., or as soon thereafter as the matter can be reached, and if not completed on
said evening, the taking of said depositions will be continued by said clerk from
time to time uniil completed. )$>*&
Dated 7th September, 1886.
ANDREW T. LEWIS, Clerk.
United States of America, ) „„
District of Alaska.       }
This is to certify that on the 7th day of September, 1886, before 12 o'clock, noon;
of that day, I served the annexed notice on the within named James Blake, atSiika,
Distriot of Alaska, by then and there personally delivering to said James Blake a
•copy of said notice. And then and there gave him the privilege of being present at
the taking of said depositions.
Dated 9th September, 1886.
BARTON ATKINS, U. S. Marshal.
On the 9th day of September, 1886, were filed the following depositions :—
IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
The United States of America
vs.
The Schooner " Carolina."—-No. 5L
Depositions of witnesses sworn and examined before me on the 7th day of Sep-
«?«£ A,J?" 1886'  at 7 O'olook-  P-m" of said day,  and on 8th and 9th September,
Itibb, thereafter, at the clerk's office of said court in Sitka, Distriot of Alaska, United 105
States of America, by virtue and in pursuance of the order of said court, made and
entered in the above entitled action on 6th September, 1886, directing that the testimony and depositions of said witnesses be taken before me at said first mentioned
time and place and at such subsequent time as the taking of tho same might be continued to by me, in said action then and there pending in said District Court between
the United States as plaintiff and the schooner " Carolina" as defendant, on behalf
-of and at the instance of the said plaintiff, the United States, and upon notice of the
time and place of taking of said depositions, served upon James Blake, the mate of
said schooner, he being the only officer of schooner upon whom service could be made,
and upon W. Clark, Ei-q., his attorney, the owners of said schooner being unknown
and without the jurisdiction ot this court.
Capt. C. A. Abrey, being duly sworn, desposes and says: —
Q. State your name and occupation ? A. Captain C. A. Abbey, in the United
States revenue marine service, at prosent in command of the United States revenue
steamer " Corwin" on special duty in Alaskan waters, for ihe protection of the seal
islands and of the Government interests in Alaska generally.
Q What were you doing and what occurred on the 1st of August last in the lino
of your duty ? A. Cruising in Behring Sea, about 75 miles south south-east from St.
George's Island and I found the British schooner 'Carolina," of Victoria, British
Columbia, drifting with sails down. Her boats were absent and she was evidently &
sealer. I saw dead seal lying upon her forward deck, inquired of the schooner in
which direction her boats were.
I then ordered her to be seized by Lieut. Cantwell for killing fur seal in the
waters of Alaska, look her in tow and proceeded to hunt up her boats, all four of
which I found with freshly killed fur seal in them, arms, ammunition and hunters,
some of whom I saw i-hooting at the seal in the water. These boats all went on
board the "Carolina." On this evidence I caused the vessel to be seized by Lieut.
Cantwell, I took her in tow and proceeded with her to Oonalaska where I placed the>
vessel, tackle, cargo, furniture and appurtenances in charge of Deputy United Slate*
Marshal Isaac Anderson, of Oonalaska; ihe oargo of fur seal skins being stored in
■"Keuoh," in one of tbe warehouses of the Alaska Commercial Company and under
seal. The arms and ammunition of this vessel I took on board the "Corwin" and
brought to Sitka and delivered into the custody of the United States marshal  there.
The vessel, taokle, furniture and oargo are now in the custody of tho United
States marshal of this distriot.
Q. Was this the vessel against which this libol of information is filed?    A. It is.
Q. Did this all occur within the waters of Alaska and the Territory of Alaska
and within the jurisdiction of this court ?   A. It did.
Q. Did this occur within tbe waters of the sea navigable for vessels of  (10) ten
tons burdens or over?   A. It did. HiL.	
C. A. ABBEY.
Subscribed and sworn to before me this 9th day "|
of September, A.D. 1886, after having been V
read over by me to deponent. J
Andrew T. Lewis, Clerk.
Lieut. John C. Cantwell, being duly sworn, deposes and says: —
Q. State your name, occupation and age ? A. John C. Cantwell, 3rd lieutenant,
United States revenue marine service, at present on duty on the United States
revenue steamer " Corwin " and over the age of twenty-one years.
Q. Were von so on the 1st day of August last?    A. 1 was.
Q. State what occurred on that day in the lino of your duty? A. A schooner
was sighted from the % Corwin " and 1 was directed by Capt. Abbey to board her I
found her to be the schooner "Carolina," of Victoria British Columbia, James
Ogilvie, captain, and James Blake, mate. I saw dead seal upon her deck^ and the
captain admitted that he was engaged in taking seal and that four of *• /^""JF?
boats were at the time absent from the vessel engaged in killing seals.    I signalled 10J
this fact to Captain Abbey and he directed me to seize the vessel  which I did and
the S Corwin " took us in tow. ((T ,„
Q. Do you recognize these papers ? A. I do. This paper marked (ttx. J. )
is the certificate of registry of the schooner " Carolina," of Victoria, B.C. (Said certificate is dated 21st March, 1870, and represents said schooner as of 31-90 tons burden and owned by Francis Armstrong, of Victoria, B.C.) This paper marked (Ex.
" J ") is the bill of health of the said schooner. (Said bill of health is dated at Victoria, B.C., 19th May, 1886, and represents said schooner " Carolina " as then ready
to depart for Behring Se* and Okhotsh Sea and other places beyond the sea, with
James Ogilvie, master, and eleven persons including said master.) This paper
marked (Ex. "K ") is tbe coasting license of said schooner. (Said license is in the
usual form, to James Ogilvie, master of the schooner " Carolina," dated at Victoria,
B.C., 16th Feb., 1886, and in terms expires on the 30th day of June, 1886.) This
paper marked (Ex. | L ") is the clearance of the said schooner. (Said clearance is
for said schooner as ot 31*90 tons, navigated with eleven men, James Ogilvie, master,
bound for Pacific Ocean, Behring Sea and Okhotsh Sea, on a fishing and hunting
voyage, and is dated at Victoria, B.C., 19th May, 1886.) All of which papers were
iound on board,of the "Carolina" at the time of seizure, and taken possession of by
me.
Q. State how many men the " Carolina " had on board as crew when seized ?
A. Thirteen or fourteen.
Q. State whether this is a reasonable number of men for ordinary purposes of
commei ce and navigation ? A. It is an unusually large number for that purpose on
a vessel of that size.
JOHN C. CANTWELL, 3rd Lieut., U.S.R.M.
Subscribed and sworn to before me this 9th day")
.of  September, A.D.   1886, after   having >•
been read over by me to depondent. )
[Seal.] Andrew T. Lewis, Clerk U.S. District Court.
John U. Bhodes, being duly sworn, deposes and says :—
Q. State your name, age and occupation ? A. John U. Bhodes, lieut. United
States revenue marine, at present on duty on the United States revenue steamer
*'Coiwin," and over the age of 21 years.
Q. State what arms and ammunition was seized on the schooner " Carolina " at
the time of her seizure ? A. 4 rifles, 1 musket, 5 shot guns, 171 shot gun cartridges,
353 rifle cartridges, 14 J bags buck-thot, £ bag of bullets, 40 bags of wads, 21 boxes
wads, 13 boxes primers, 1J boxes of caps, 91 lbs, powder.
Q. Were there any nautical instruments seized on the "Carolina " except what
SB included in the general inventory ?   A. 1 octant, 1 quadrant.
Q. What has become of this property ? A. It has all been delivered to the
United States marshal at Sitka, and is now in his custody.
_ .      L JOHN U. EHODES.
Subscribed and sworn to before me this 9th day")
of September, A.D. 18&6, after having been [■
read over by me to depondent. \
[Seal.] Andrew T. Lewis, Clerk U.S. District Court.
J. H. Douglas, being duly sworn, deposes and says:—
Q. State your name, age and occupation? A. J. H. Douglas, am over the age
©f 21 years, am a pilot in the revenue marine service of tbe United States, and have
been so for 7 years last past. I am now, and on the first of AueuBt, lb86, was, pilot
on the revenue Steamer "Corwin." -
Q. State what experience you have had in the fur sealing business and vour
knowledge of the habits of the fur seal ? A. I have been cruising for more than 15
.years oil and on in Alaskan waters always as an officer or pilot and have visited the ■^
107
Pribiloff Islands, St. Paul and St. George several hundred times, and am perfectly
familiar with the sealing business as conducted on those islands, and understand the
migrating habits of the fur seal.   From about the first oi May to about the first of
July of each year the fur seal is migrating north through the Unimak and Akutan
Passes to these iriands for  breeding purposes.   They go to no other place in the
known world except these islands and Copper Island for breeding purposes.    After
1 he breeding season of about a month they begin to migrate south, and until into
fNovember of each year are migrating south through Behring Sea.   During this
reason, from May till November, the fur seal are plenty in the waters adjacent to-
the Pribiloff Islands, are migrating to and from these islands, and are at all times
very plenty between Unimak Pass and said islands in a track about 30 miles.wide,
| which seems to be their highway to and from said islands. The schooner " Carolina""
I and her boats when seized were directly in this track.   I was present at time of
seizure.
J. H. DOUGLAS.
Subscribed and sworn to before me this 9th ~)
day of September, A.D. 1886, after hav- [•
ing been read over by me to deponent. J
[Seal.] Andrew T. Lewis, Clerk U. S. Dist. Court.
Thomas Singleton, being duly sworn, deposes and says:—
Q. State your name, age and occupation? A. Thomas Singleton, am over the
age of 21 years, and am a seaman. Was employed on the steamer | Corwin " on the
1st day of August, 1886, when the " Carolina" was seized. I was sent on board the
"Carolina " right after the seizure and saw a number of dead fur seal on deck and
some of them had blood on them.    Saw also some fresh fur seal skins in the boats.
THOMAS SINGLETON.
Subscribed and sworn to before me this 8th "•
day of September,  1886, after  having >
been read over by me to deponent. )
[Seal.] Andrew T. Lewis, Clerk U. S. Dist. Court.
• IN THE UNITED STATES DISTEICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
The United States
vs.
The Schooner "Carolina."—No. 51.
Whereas on the 6th day of September, 18*6, the said District Court duly made
and entered in the journal of said court an order in the above entitled action directing that the testimony and depositions of the witnesses: C. A. Abbey, J. 0. Cantwell,
J. U. Rhodes, J. H. Douglas and Thos. Singleton be taken before me, the clerk of
said court, at the time or times and place and upon such notice as are specified in
said order: WSM
Now therefore this is to certify that in pursuance of said order, on 7tn bep-
tember 1886, at 7 o'clock, p.m., each and all ot the above-named witnesses appeared
before me at the clerk's office of said court at Sitka, District of Alaska, United States
of America; that M.D. Ball, Esq, district attorney of said court and district,
and W. H Payson, Esq., appeared then and there on behalf of and as attorneys and
proctors for the United States, the libellant herein; and W. Clark, Esq., then and
there appeared on behalf of and as attorney and proctor for the said schooDer and
her owners, and James Blake then and there appeared in pursuance of notice served
upon him. . . -•, ....   j       ^
That I was unable to complete the taking of said depositions on said 7th day ot
September, 1886, and I continued the taking thereof on the 8th and 9th of September,
J 108
1886, and completed the same on said last named day. That the said parties, by
their said attorneys and proctors, then and there appeared and were present on each
of said last named days, and at all times during the taking of said depositions. That
^ach of said witnesses was then and there first duly cautioned and sworn by me,
that the evidence he should give in said action, should be the truth, the whole truth,
and nothing but the truth, and thereafter each of said witnesses was then and there
examined before me, and I then and there took down the statement and testimony
of each of said witnesses, and reduced the same to writing in his presence, and then
and there read the same over to him; and he then and there, after the same had
been so reduced to writing and read over to him, subscribed the same in my presence,
and swore to the truth thereof.
That the foregoing depositions are the depositions of said witnesses then and
there taken before me as aforesaid. That due notice of the taking of said depositions
was given as required by said order.
In witness whereof I have hereunto set my hand and the seal of said district
■court this 9th day of September, 1886.
[L.S.] ANDREW T. LEWIS, Clerk of the United States District
Court in and for the District of Alaska, United States of America.
On the 20th September, 1886, was filed the following amended libel of information :—
In the United States District Court, in and for the District op Alaska,
United States of America.
August Special Term, 1886.
To the Honorable Lafatette Dawson, Judge of said District Court.
The amended 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 here in court in his own proper person, in the name and on behalf of the
eaid United States, alleges and informs as follows, to wit: —
That C. A. Abbey, an officer in the revenue marine service of the United States,
-duly commissioned by the President of the United States, in command of the United
■States revenue cutter " Corwin," and new 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
United States and said district, on waters navigable from the sea by vessels of ten or
more tons burden, seized the schooner " Carolina," her tackle, apparel, boats, oargo
and furniture, being the property of some person or persons unknown to said
attorney.    The said property is more particularly described as follows, to wit:—
I fachooner "Carolina" of Victoria, B.C., 4 canoes, 1 yawl, carpenters'tools,
elock, chronometer, nautical instruments, sails and running gear, 2 anchors, ropes,
twine, oars, paddles, rowlocks, &c, lamps, tanks, provisions, .685 fur seal skins, 12
pup seal skins, 1 hair seal skin, 4 rifles, 5 shot guns, and ammunition for same, and
•all other property found upon or appurtenant to said schooner.
That said C. A, Abbey was then and there duly commissioned and authorized
by the proper department of the United States to make said seizure.
That all of said property was then and there seized as forfeited to the United
States for the following causes:—
That said vessel, her captain, officers and crew were then and there found
engaged in killing fur seals within the limits of Alaska Territory and in the waters
thereof, in violation of section 1956 of the Revised Statutes of the United States.
That all the said property, after being seized as aforesaid, was brought into the
port of Oonalaska in said territory, and delivered into the keeping of Isaac Anderson, a deputy United States marshal of this district, with the exception of the said
arms and ammunition, which latter were brought into the port of Sitka in said dis- 109
trict and turned over to the United States marshal of this district and all of said-
property is now within the judicial distriot of Alaska, United States of America.
And the said M. D. Ball, attorney as aforesaid, further informs and alleges :—
That on the 1st day of August, 1886, James Blake and certain other persons
whose names are to said United States attorney unknown, who were then and there
engaged on board of the said schooner " Carolina," under the direction and by the
authority of James Ogilvie, then and there master of paid schooner, engage in killing
and did kill, in the territory and district of Alaska, and in the waters thereof, to wit,
20 fur seals, in violation of section 1956 of the Revised Statutes of the United States,
in such cases made and provided.
That the said 685 fur seal skins, 12 pup seal skins and 1 hair sealskin, and other
goods so seized on board of said schooner "Carolina" constituted the cargo of said
aohooner at the time of the killing of said fur seals, at the time of said seizure.
And said attorney saith thai all and singular the premises were and are true and
within the admiralty and maritime jurisdiction of the United States, and of this
honorable court, and that by reason thereof, and by force of the statutes in such
cases made and provided, the aforementioned schooner, being a vessel of over 20 tons
burden, and her said tackle, apparel, boats, cargo and furniture, became and are forfeited to the use of the United States.
Wherefore the said attorney prays that the usual process and monition of this
honorable court issue in this behalf against said schooner and all said hereinbefore
described property to enforce the forfeiture thereof, and requiring notice to be given
to all persons to appear and snow cause, on the return day of said process, why said
forfeiture should not be decreed; and that after due proceedings are had, all of said
property be adjudged decreed and condemned as forfeited to the use of the United
"States and for such other relief as may be proper in the premises.
Dated 20th September, 1886.
M. D. BALL, U. S. Dist. Attorney for the District of Alaska.
On the same day was filed the following claim by proctor for owners :
In the United States District Court for the District of Alaska.
the schooner " Carolina," her
In Admiralty.
In the matter of the libel of information against
tackle, apparel, furniture and cargo.
Claim by Proctor for Owners.
And now W. Clark, the duly authorized proctor for Munzie &Co., owners of the
property above named, intervening for the interest of the said Munzie & Co., of Victoria, B.C., owners of the said schooner " Carolina," her tackle, apparel, furniture and
cargo as set forth in the libel of information herein, appears before this honorable court
and makes claim to the said schooner " Carolina," her tackle, apparel, cargo and furniture as set forth in the said libel of information and as the same are attached by the
marshal under process of this court at the instance of M. D. Ball, Esq., United States
district attorney for the District of Alaska.
And the said W. Clark, proctor as aforesaid, avers that the said Munzie & Go.,,
were in possession of the said schooner " Carolina " at the time of the attachment
thereof and that the said Munzie & Co. above named are the true and bona fide owners
of the said schooner " Carolina," her tackle, apparel, cargo and furniture as seized by
the marshal as aforesaid and that no other person is the owner thereof.
Wherefore he prays to defend accordingly.
W. CLARK.
W. Clark and D. A. Dinqlet, Proctors for Claimant. 110
On the same day was filed the following demurrer:—
IN  THE   UNITED   STATES   DISTRICT COURT FOR THE DISTRICT OF
ALASKA.
United States
vs.
Munzie & Co. and Schooner " Carolina."
Demurrer.
The demurrer of Munzie & Co., claimants of the property proceeded against in
■the above cause to the amended information filed herein.
1st. The said claimant by protestation, not confessing all or any of the matters
in said amended information contained to be true, demurs thereto and says that ihe
said matters in manner and form, as the same are in said information stated and set
forth, are not sufficient in law for'the United States to have and maintain their said
-action for the forfeiture of the property aforesaid.
2nd. The said claimants by protestation deny that this court has jurisdiction to
determine or try the question hereby put in issue.
3rd. And that said claimants are not bound in law to answer the same.
Wherefore the said claimants pray that the said information may be dismissed
with costs.
W. CLARK and D. A. DINGLEY, Proctors for Claimants.
Which was overruled by the court.
. On the same day was filed the following answer:
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF
ALASKA.
United States
vs.
Munzie & Co. and schooner " Carolina."
Answer.
The answer of Munzie & Co., owners and claimants of the said schooner
""Carolina," her tackle, apparel, furniture and cargo, as the same are set forth in the
information filed herein in behalf of the United States.
And now come Munzie & Co., claimants as aforesaid and for answer to said information against the said schooner " Carolina," her tackle, apparel and oargo, as set
forth in said information, says that the said tackle, apparel and cargo, as set forth in
the information mentioned, did not, nor did any part thereof, become forfeited in
manner and form as in said information in that behalf alleged, or at all.
Wherefore, the said claimants pray that said information be dismissed with
costs to these claimants attached.
W. CLARK and D. A. DINGLEY, Proctors for Caimants.
On 22nd day of September, 1886, were filed the following exceptions to answer:	
UNITED STATES DISTRICT COURT, DISTRICT OF ALASKA UNITED
STATES OF AMERICA. '
United States
vs.
The Schooner " Carolina"—No. 51.
The said libellant hereby excepts to the sufficiency of the defendant's answer
herein, on the following grounds :— \ 1st. Said answer is not properly or at all verified as required by rule 27 W the
United States Admiralty rules. V
2nd. Said answer iB not full, explicit or distinct to each or any allegation of the*
libel herein, as required by said rule.
3rd. Said answer does not deny or admit any of the allegations of fact in\said
libel, but merely denies a conclusion of law.
September 21st, 1886.
M. D.  BALL and W. H. PAYSON, Proctors for Libellant. \
Which exceptions were sustained by the court, and on the same day was filed!
the following amended answer:—
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OP\
ALASKA.
United States
vs.
Munzie & Co. and schooner " Carolina."
In Admiralty—Amended Answer.
To the Honorable Lafayette Dawson, Judge of the United States District Courfc
for the District of Alaska.
James Blake, the duly authorized mate of the schooner " Carolina," for Munzie
-& Co., intervening in the interest of and on behalf of tho said Munzie & Co., owners
and claimants of said schooner " Carolina," her tackle, apparel, furniture and cargo
for amended answer to the libel of information herein against said schooner, her
tackle, apparel, furniture and cargo alleges as follows: —
1st, That he denies each and every material allegation in said libel of information contained.
2nd. Denies that the said schooner " Carolina," her tackle, apparel, furniture
and cargo, and • the property appertaining thereto as set forth in said libel of information or any part thereof became forfeited to the United Slates.
3rd. Denies that said schooner, her oaptain, officers and crew or any one of them
were found engaged in killing fur seal within the limits of Alaska Territory and
within the waters thereof in violation of section 1956 of the Revised Statutes of the
United States as set forth in said libel of information or at all.
4th. Denies that they killed any number of fur seal or other fur-bearing animals
within the waters of Alaska or within said territory of Alaska, or in any part
thereof.
5th. That all and singular the premises herein set forth are true.
Wherefore he prays that this honorable court will be pleased to pronounces-
against the libel herein, and that the same may be dismissed with costs to these
claimants to be taxed.
W. CLARK and D. A. DINGLEY, Proctors for Claimants.
United States,     1 gg
District of Alaska, j
James Blake being first duly sworn upon his oath, says:—
I am the mate of said schooner intervening for the within named claimants.
That I have read the foregoing answer and know the contents thereof, and that the
same is true as I verily believe. jAMEg ^^
Subscribed and sworn to before me this 22nd )
day of September, A.D. 1886. j
Andrew T. Lewis, Clerk of the U. S. District Court for the District of Alaska. f
On the 4th day of October, 1886, the following return was made to the monition
kereiofore Cited, page 5 :
Sitka, \ oa
District of Alaska. J
Be it remembered, that, in obedience to the annexed monition, I have attached
the within described properly, and now hold the same in my possession, subject to
the order of this honorable court;
And I have given due notice to all persons claiming said property to be and appear before this District Court on the 4th day of Ootober, 1886, at 10 o'clock, a.m., if
Ihe same fhall be a day of jurisdiction, otherwise on the next day of jurisdiction
thereafter, then and thbre to make their claim and allegations in that behalf;
And I have, as ordered by the said court, caused said notice to be published, and
the same has been published in the Alaskan, a newspaper published at Sitka, in said
district, on the 4th day of September, 1886, and in each issue of said newspaper subsequent thereto, until said 4th day of October, 1886.
BARTON ATKINS, Marshal, District of Alaska.
Sitka, Alaska, 4th October, 1886.
On the same day was filed the following decree:—
IN THE UNITED STATES DISTRICT COURT, IN AND FOR THE DISTRICT
OF ALASKA, UNITED STATES OF AMERICA.
United States
vs.
The Schooner "Carolina."—No. 51.
The marshal having returned on the monition issued to him in the above entitled
action that in obedience thereto he has attached the said schooner "Carolina," her
taokle, apparel, boat's cargo and furniture, and has given due notice to all persons
■claiming the same, to appear before this court on this 4th day of October, 1886, at
10 o'clock, a.m., at the District of Alaska, United States of America, then and there
to interpose their claims and make their allegations in that behalf; and W. Clark,
33sq., proctor for Munzie & Co , of Victoria, B.C., having heretofore filed a claim to
all of said property on behalf of said Munzie & Co., the owners of said property, and
no other persons having appeared, and no claims or allegations having been made or
filed herein by any other person or persons, and the usual proclamation having been
made, and said caute having been heard upon the pleadings and proofs, M. D. Ball,
Esq., and W. H. Payson, Esq., appearing as advocates for said libellant, and W.
Clark, Esq., as advocate for said claimants; and said cause having been submitted to-
the court for decision, and due deliberation being had in the premises, it is now
ordered, sentenced and decreed as follows : —
1st. That all persons whatsoever other than the said claimants be and they are
.hereby declared in contumacy and default.
2nd. ThatBaid schooner "Carolina" her tackle, apparel, boats and furniture, and
her cargo of t>85 fur seal skins, 12 pup seal skins, and 1 hair seal skin, and all other
property found upon or appurtenant to said schooner, be and the same are hereby
condemned as forfeited to the use of the United States.
3rd. That unless an appeal be taken to this decree within the time limited and
prescribed try law and the rules of court the usual writ of venditioni exponas be issued
to the marshal commanding him to sell all the said property and bring the proceeds^
into this court to be distributed according to law. Costs to be taxed are awarded
against said claimants.
Dated 4th October, 1886.
LAFAYETTE DAWSON, District Judge.
Done in open court this 4th day of Ootober, 1886, at Sitka, District of Alaska.
United States of America.
Clerk.
I 113
On the same day was filed the following motion to set aside decree:—
IN THE UNITED STATES  DISTRICT COURT FOR   THE   DISTRICT - OF
ALASKA.
United States
vs.
Munzie & Co., and  Schooner " Carolina."
Motion to set aside Decree.
Now come W. Claru and D. A. Dingley, proctors intervening for and in behalf
of the claimants herein, and move the court to set aside the decree rendered herein
for the reason that the evidence produced on behalf of the United States is wholly
insufficient upon which to base the said decree.
W. CLARK and D. A. DINGLEY, Proctors for Claimants.
Which motion was overruled by the court, and on the same day was filed the
following notice of appeal:—
IN THE UNITED  STATES DISTRICT COURT FOR THE   DISTRICT   OF
ALASKA.
United States
vs.
Munzie & Co. and Schooner " Carolina."
Notice of Appeal.
And now oome W. Clark and D. A. Dingley, proctors for and in behalf of the
claimants herein and notifies this honorable court that^they hereby appeal from the
decree rendered herein to the Circuit Court having appellate jurisdiction over this
district and that said appeal is taken upon questions of law and fact, and pray the
court for an order on its clerk to prepare a complete transcript of the record herein,
as the law requires*
W. CLARK and D. A. DINGLEY, Proctors for Claimants.
On the 9th day of February, 1887, was entered the following order :—
In the matter of the United States,
vs.
Schooner "Onward,"
No. 49.
do       " Thornton,"
do 50.
do       " Carolina,"
do 51.
do       " San Diego,"
do 52.
Arms and Ammunition Schooner " Sierra,"
do 57.
do                     do      " City of San Diego,"
do  58.
In the above causes, upon motion of the attorney for the United States and
argument of counsel for the United States and for the interveners in said causes, and
consideration by the court, it is this day ordered that writs of venditioni exponas do
issue from the clerk of said court to the marshal of said district, for the sale of the
attached vessels, with their tackle, cargoes and furniture of whatsoever description,
and of the arms and ammunition attached in said causes,—And as to said attached
vessels that the sale of the same (except the sohooner " San Diego," which shall be
sold at Sitka) shall be made at Port Townsend, in the District of Washington Territory, and as to the seal skins, part of the cargoes of said vessels attached, that sale of
the same shall be made at San Francisco, in the District of California, and that sale
of said schooner " San Diego," and all the other attached property be made at Sitka,
in the District of Alaska.   Thirty days' notice of suoh sales to be. given at each of
65-8 114
the places where the same are to be made, by posting suoh notice, or by publication
in some newspaper published at such places respectively. And that said marshal
do have the moneys arising from such sales, together with the writ commanding the
same, at a distriot court of the United States for this, the said District of Alaska,
to be held on the first Monday in September, 1887, and that he then pay the same
to the clerk of said court.
Clerk's Office U. S. Dist. Court, District of Alaska
Sitka, 10th March, 1887.
I, Andrew T. Lewis, clerk of the United States District Court for the District
of Alaska, do certify that the foregoing transcript of the record in the case of the
United States vs. the schooner "Carolina," her tackle, apparel, &c, on libel of
information, pending in said court, has been compared by me with the original, and
that it is a correct transcript therefrom and of the whole of said original record,
except the full text of the exhibits referred to in the testimony therein, of which
the purport only is stated, and that the said purport of said exhibits is correctly
stated, as the same appears of record at my office and in my custody.
Witness my hand and the seal of said court the day and year above written.
[Seal.] ANDREW T. LEWIS, Clerk.  

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