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Correspondence respecting the agreement with Russia relative to the seal fishery in the North Pacific.… Great Britain. Foreign Office 1895

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 RUSSIA.    No. 1 (1896).
CORRESPONDENCE
RESPECTING THE
AGREEMENT   WITH   RUSSIA.
RELATIVE  TO  THE
f I        SEAL  FISHERY   IN   THE  NORTH  PACIFIC.
[In continuation of " Russia No. 3 (1893):" C. 7029.]
Presented to both Houses of Parliament by Command of Her Majesty.
June 1895.
LONDON:
PRINTED FOR HEK MAJESTY'S STATIONERY OFFICE
BY HARRISON AND SONS, ST. MARTIN'S LANE,   ;
PRINTERS  IN   ORDINARY TO   HER MAJESTY.
And to be purchased, either directly or through any Bookseller, from
EYRE  and   SPOTTISWOODE,  East   Harding Steeet,  Fleet  Street,  E.C., and
. -.VI .32, Abingdon Street, Westminster, S.W.; or
JOHN'MENZIES  & Co.,   12,   Hanover  Street,  Edinburgh,  and
90, West Nile Street, Glasgow;  or
HODGES, FIGGIS, and Co., Limited, 104, Grapton Stbket. Dubliw.
[C\—7713.]    Price Qd.
 ^m
TABLE OE CONTENTS.
No.
Name.
10
11
16
17
18
20
21
22
1 I To Sir R. Morier
2
3 I To Mr. Howard
4 Council Office
5 To Mr. de Bunsen
6 I To Mr. Howard
Admiralty  .
8    Mr. Howard
» >»
To Admiralty
12     Colonial Office
13
» ?>
14    Mr. de Bunsen
15     Mr. Howard
Date.
Subject.
Telegraphic   July    1, 1893
Telegraphic
Telegraphic
Telegraphic
4,
4,
5>
5,
6,
5,
5,
6,
11,
n
24,
To Mr. Tupper
Mr. Howard
Mr Tapper
■ o i    »»
Mr. de Bunsen
To Colonial Office
Colonial Office
June 10,
July 26,
Aug. 4,
July 31,
Aug.   7,
July 13,
Aug. 15,
23,
Eoyal Assent given to Seal Fishery (North
Pacific) Act, and Order in Council to be
parsed at once, when instructions will be
sent to naval officers. Similar instructions
should be sent to Russian officers
Transmits Order in Council and instructions
to cruisers .. • •
1 Rosie (Jlseu " case. To obtain chart used
by Russian Special Commission, and state
exact position of Island of Aria referred
to   ..- -
Transmits " Seal Fishery (North Pacific) Order
in Council, 1893" .. .. ••
Order in Council passed. To issue necessary
warnings at Japanese ports
Order in Council and instructions to cruisers
to be communicated to Russian Government
Regulations under Seal Fishery Act. Transmits telegram to Admiral
Instructions to Russian cruisers. Transmits
newspaper extract, giving substance
" Rosie Olsen " case. Chart used by Russian
Special Commission. Transmits note to M.
Chichkine, asking for   .. ..
Order in Council and instructions to cruisers.
Transmits note informing Russian Government .. ..
Transmits copies of Order in Council and
instructions to cruisers to be issued by
Admiralty     ..
Transmits despatch from Governor-General
cf Canada.    Steps taken to warn sealers   ..
Seizure of sealing-vessels by Russian cruisers
in ^92. Comments on note from Russian
Government with respect to ill-treatment of
crews and legality of seizures. Before
putting forward claims, they should be
referred to Canadian Minister of Marine
and Fisheries
Russian Minister has telegraphic instructions
to inform naval officers of Agreement, and
give them instructions as to seizures
" Rosie OUen" case. Refers to No. 9.
Transmits note from M. Chichkine, forwarding copy of chart used by Russian
Special Commission
Russian seizures in 1892. Transmits No. 13,
for expression of views
Protection of fur-seal industry. Transmits
new Ru=sian Law
Russian seizures in 1892. Answers No. 16.
Suggests Russian Government should be
asked to supply Protocols, logs, and charts,
and other documents. Joint Commission
might then be appointed
Russian Sealing Law, It should be explained
to Russian authorities that Great Britain
does not assent to application outside
Russian jurisdiction
Warning to sealers.    Consuls informed
Protection of fur-sealing industry.    New Russian Law.    Transmits   despatch  from  Mr.
Tupper and draft despatch to Mr. Howard
in sense of No   19
Fur-sealing   industry.
Answers No. 21
Howard ..
Page
New   Russian    Law!
Concurs in draft to Mr!
[366]
1
l
2
2
3
3
3
4
12
14
14
15
15
16
1?
17
18
18
 TABLE   OF  CONTENTS.
in
No.
23
24
25
26
Name
Date.
31
36
To Mr. Howard
Mr. Howard
Colonial Office
To Mr. Howard
■27     Mr. Howard
2S     Colonial Office
29     To Colonial Office    ,.
-30 i  Mr. Howard
?>        >»
■32 | To Mr. Howard
33 ! Mr. Howard
34 „
35
Colonial Office
Aug. 30, 1893
Sept. 13,
21,
Nov. 15,
25,
29,
Dec.    8,
Felegraphic 1 20,
Telegraphic ■ 21,
Telegraphic
37 To Colonial Office
38 Colonial Office
39 To Mr. Howard
40 j Colonial Office
41 i To Mr. Howard
24,
20,
24,
29,
30,
Jan.    2, 1891
Telegraphic
Subject.
New Russian Law. Answers No. 17- To
make reservation as to any interference with
British subjects and vessels outside Russian
' 'territorial waters ..
New Russian Law.    Answers No. 23.    Conversation  with  M.  Chichkine.     It   is not
' intended to apply to foreigners.     View of
Russian Government with regard to Award
of Behring Sea Tribunal of Arbitration
'Russian seizures. Transmits despatch from
Canada, pointing out contradictions between
statements of British sealers and findings of
Commission. Further information should be
obtained from Russian Government ..
Russian seizures. Contradictions between statements of sealers and of Russian Government.
To apply for copies M Protocols, logs, charts,
&c. Main questions of principle involved.
Claims cannot at present be abandoned
Russian seizures. Refers to No. 26. Transmits note addressed to Russian Government,
asking for Protocols and for permission to
inspect logs, &c.
Transmits despatch from Governor-General,
inclosing Minute of Canadian Privy Council
dissenting from M. Chichkine's view respecting extension of the Behring Sea Award
Regulations to the Western Pacific. Has
Russian Government made any overtures in
this sense or for continuance of Agreement 1
Refers to No. 28. Russian Government have
made no overtures tor international arrangement or for continuance of Agreement
Russian seizure. Conversation with Count
Kapnist. Request for Protocols, &c, has
been transmitted to Minister of Marine
Interview with Count Kapnist. No details of
working of sealing arrangement yet received,
but Russian Government ask whether Her
Majesty's Government would agree to prolonging Sealing Agreement till further notice
Refers to No. 31. Authorizes him to consent
to interchange of notes for prolongation of
Agreement conditionally on Russian Government making similar arrangement with the
United States' Government
Russian Government will take steps to make
arrangements with the United States' Government without delay. Prolongation of
Agreement officially proposed. Conversation with M. de Giers   ..
Conversation with Count Kapnist. Proposal
to renew Agreement
Incloses note from Russian Government officially proposing prolongation of Agreement
Prolongation of Agreement. Transmits telegrams to Governor-General of Canada
Prolongation of Agreement. Transmits copv
of No. 35, inclosing formal proposal of
Russian Government' and' draft reply for
concurrence. Fresh Order in Council will
be necessary
Refers to No. 37. Concurs in terms of reply
to Russian Government
Refers to No. 35. Transmits note to be
addressed to Russian Government respecting
prolongation of Agreement
Transmits telegram to Governor-General of
Canada, desiring him to give publicity to tact
that Agreement is about to be renewed
Refers to No 39. Words to be added to
note, consenting to prolongation of Agreement, which make it clear that no reply is
necessary from them    ..
Pag,
18
19
19
*20
21
22
23
23
24
24
24
25
25
26
27
27
2S
28
28
 IV
TABLE  OF  CONTENTS.
No.
42
43
44
45
o/
58
59
60
61
e-2
N
ame.
Mr. Howard
Extract from "London
Gazette™
Mr. Howard
46 .    >     nial Office
47
48
To Mr. Fraser
To Admiralty
49     To Mr. Howard
.50     Colonial Office
Date.
Jan.   10, 1894
11,
JO,
Feb.   14,
28,
Telegraphic    Mar.   S,
3,
51 To Colonial Office    ..
52 Mr. Howard
Colonial Office
54 Sir J. Pauncefote
55 Colonial Office
56 Mr. Howard
6,
6,
To Sir F. Lascelles
Sir F. Lascelles
Colonial Office
»> »>
To Colonial Office
Colonial Office
10,
H,
May 10,
June   4,
15,
July 19,
Aug.   U
14,
Sept.
' 8,
Oct.
■ik
Dec.
29,
Jan.     1, 1895
7,
Subject.
Refers to Nos. 39 and 4l. Prolongation of
Agreement. Transmits copy of note
addressed to Russian Government
Russian Government have already commenced
negotiations for a similar Agreement with
the United States' Government
" Order in Council (Seal Fishery, North Pacific)
1894," for giving effect to the Agreement
with Russia
Conversation with Count Kapnist. Russian
Minister at Washington of opinion that
United States' Government will consent to
an Agreement
Transmits despatch from Governor-General,
inclosing Minute of Canadian Privy Council.
Steps taken to notify to British Columbian
sealers probable prolongation of Agreement
with Russia   .. .. ..
Prolongation of Agreement. To issue warnings as in 1893
Transmits Order in Council (see No. 44),
giving effect to renewal of Agreement. Desirable that instructions to naval officers
similar to those sent in 1893 should again
be issued, and that instructions as to warning
sealers should be telegi aphed       .. .,
Transmits copies of Order in Council and of
letter to Admiralty. To communicate former
to Russian Government
Refers to No. 40. Transmits despatch from
Governor-General, inclosing Minute of Canadian Privy Council reporting steps taken to
give publicity to renewal of Agreement.
Presumes Her Majesty's Minister at Tokio
has been instructed to acquaint seaiing-
vessels similarly
Refers to Nr>. 50. Instructions sent to Her
Majesty's Minister at Tokio to issue necessary warnings respecting renewal of Agreement
Refers to No. 49. Order in Council communicated to Russian Government  ..
Refers to No. 50. Transmits despatch from
Governor-General, inclosing Minute of Canadian Privy Council, showing steps taken to
announce prolongation of Agreement
Transmits copy of Agreement between the
United States and Russia
Despatch from Government of Canada respecting steps taken to publish Agreement with
Russia
Refers to No. ?0. Seizure of sealers by
Russian cruisers in 1S92. Requests for
Protocols, &c.
Answers No. 56. Russian seizures. To give
hi« early attention to the matter of obtaining
evidence as to ,. ..
Russian seizures. Has applied for documentary evidence
Russian seizures. Renewed apolication for
documentary evidence. Note to M. de
Giers
New Russian   Sealing  Law.
Government of Canada..
Agreement    with     Russia.
Canadian   Government   to
giving   effect   to.     Proposed   amendments.
Proposed measures for insuring observance of
Agreement with Russia    ..
Concurs in proposed measures to inpure
observance of Agreement with Russia. Inquiry as to prolongation of Agreement
between Russia and United States. Calls
attention to expirv on the 1st July of "Seal
Fishery Act, 1893"     ..
Despatch  from
■. «.
Objections     of
legislation    for
Page
29-
3a
31
31
32
32
32
34
34
35
36
37
39
39
39
40
40
41
42
42
 TABLE OP CONTENTS.
No.
65
66
67
68
69
70
71
72
73
74
75
76
77
Nan
64    To Mr. Trench
To Admiralty
To Colonial Office
Telegraphic
Date.
To Sir J. Pauncefote. •
To Sir F. Lascelles ..
Colonial Office ..
Admiralty.. ..
Sir F. Lascelles ..
Sir J. Pauncefote ..
Sir F. Lascelles ..
To Colonial Office ..
Colonial Office ..
Communicated by
Colonial Office
Jan.    8, 1895
10,
10,
",
12,
15,
17,
23,
24,
26,
Feb.    9,
Mar.    6,
20,
20,
Subject.
Her Majesty's Consols should warn sealers
that Agreement with Russia remains in
force .. .. ••
Her Majesty's naval officers should warn
sealers that Agreement with Russia remains
in force        .. .. .. ..
Answers No. 63. Transmits telegram to Mr.
Trench (see No. 64). Informs of letter to Admiralty (see No. 65). Concurs in proposed
telegram to Canadian Government. United
States' Agreement with Russia. Her Majesty's Ambassador will ascertain whether
United States' Government have any intention of terminating      .. ..
Transmits copies of correspondence respecting
measures to insure observance of Agreement with Russia. To communicate substance to Mr. Gresham, and inquire whether
United States' Government have any intention of terminating their Agreement with
Russia .. . „ .. ..
Transmits copies of correspondence respecting
measures to insure observance of Agreement. To communicate instructions to M.
de Criers, aud to inquire whether any Russian
ships will be detailed for patrol   »..
Telegram to Governor-General of Canada
respecting warning of sealers. That Agreement remains in force  .. ..
Telegrams to Commanders-in-chief on China
and North Pacific Stations respecting continuance of Agreement
Transmits copy of note to M. de Giers respecting measures for insuring observance of
Agreement    .. .. .. ..
United States' Government have no intention
of terminating their Agreement with Russia
Note from M. Chichkine, inclosing documents
respecting seizure of sealers in 1892 ..
Transmits copy of above  ..
"Seal Fishery (North Pacific) Act, 1898."
Modifications suggested .. ..
Memorandum forwarded by the Governor-
General of Canada respecting the operation
of the Agreement with Russia
Amendments in " Seal Fishery (North Pacific)
Act, 1893," suggested by the Governor-
General of Canada
42
43
43
43
44
44
44
45
45
46
47
47
48
49
'(36$)
  Correspondence respecting the Agreement with Kussia relative to
the Seal Fishery in the North Pacific.
[In continuation of " Russia No. 3 (1893):" C. 7029.]
No. 1.
The Earl of Rosebery to Sir R. Morier.
(Telegraphic.) Foreign Office, July 1, 1893.
THE Queen's assent was given on the 29th ultimo to the Act of Parliament
passed in pursuance of the Sealing Arrangement with Russia. The Order in Council
which is required for carrying out the provisions of the Agreement will also he passed
without delay. Her Majesty's cruisers have already heen directed to warn British
sealing-vessels that an Agreement has been made with Russia, and formal instructions
will be sent for the guidance of our naval officers as soon as the Order in Council is
issued.
Copies of these instructions will be forwarded to your Excellency, and you will
be requested to communicate them to the Russian Government.
Her Majesty's Government trust that corresponding orders will be given to the
Russian officers with regard to the formalities to be observed in making seizures, and
in recording evidence for the purpose of eventual prosecution.
No. 2.
The Earl of Rosebery to Sir R. Morier.
Sir, Foreign Office, July 1, 1893.
WITH reference to my telegram of to-day, I transmit to your Excellency
herewith copies of the draft Order in Council, which will be issued on the 4th instant,
for giving effect to the Act of Parliament relating to the Sealing Arrangement with
Russia.
I also inclose copies of the instructions for the guidance of Her Majesty's cruisers
in the neighbourhood of the Russian seal islands, which will be sent to the Commander-in-chief on the China Station as soon as the Order in Council has been passed.*
A summary of them will be forwarded by telegraph.
As soon as the Order in Council is passed, I will inform your Excellency by
telegraph, in order that the documents may be communicated to the Russian Government.
I am, &c.
(Signed) ROSEBERY.
* See No. 11.
|366] B
 No. 3.
The Earl of Rosebery to Mr. Howard.
(Telegraphic.) Foreign Office, July 4,1893.
SEIZURE of sealers.
With reference to the Report of the Special Com%fM6'n* which was sent home in
Sir R. Morier's despatch of the 12th ultimo, please endeavour to obtain a copy of the
chart used by the Comtriission, arid state the exact position of the Island of Aria which
is referred to in the case of the " Rosie Olsen."
It has been found that the distances of the points of seizure from the shore, as
given in the Russian Report/show considerable divergence from those distances as
marked on the charts which we have here.
No. 4
Council Office to Foreign' vyice.—(Received July 5.)
Sir, Whitehall, July 4, 1893.
I AM directed bVjthe Lord President of the Council to transmit tp you the
acCompLan^.m^(^^ or Her Majesty, in Council of this day's date, entitled, Jtlie Seal
Mlffe?^ (Norm Facile! OfdeWn Couffcil, 189fff'^WM i^ral ,to request Ih'at you will
famine sffin^TOTOr^tbe SeG^f^^.^^^sJMrB^^ A^nifs^
THe* Oraer will bl^p%ufffiis'ne'a m the " .London wale'tte " of the'Tm Irfs^Eiit.
I am, &c.
(SiPed) /fif*   C. L. PEEL.
Inclosure in No. 4.
G& fUUJtt&iffl0%'..fill '■'&,     _~i$$k J iu. '• a
Order tn Council, dated July 4, 1893.
At the Court at Windsor, the 4th day of July, 1893.
Present:
The Queen's Most Excellent Majesty.
Lord President.
Lord Steward,
vfjbrd Ke'nsrn^fen.
Lord Yivian.
. WHEREAS bv. "The Seal Fishery (North Pacifo) Act, 1893," it is enactef^i
fie'i- $B^&vf the Qdeeri may, tif Ora^ Hr\CoWc'ii prohibit during the peifl&d spebified
^ritre Uraer the catching of seals^^ Britifn ships in sjucli parts of the' se^s to wlfidH
that Act applies as Mre sp'ebirlett by the Order • and tMt fb'r' carrying into feffebt M
arrangement with any foreign State a'ff Order in t!b'uhcil in'ay pfbvide that such bffife'ers
bf that Sta%' as a're^p'ecined hi the Order may exercise the like powers' niftier tlib Act
as ffl§ty bb exefcisea by a Cbrrirhissibned o'fficei' on flill pay ih! the fiavSl Service b'f JEEer
Majesty in relation to a British ship, and the equipment and crew and certirtcTa^er
thereof; and th^t any such Order may contain any limitations, conditions, qualifications? aritt expeditions wffifen appear to Her Majesty in Council expedient for carrying
into effect the object of the said Act:
And whereas the said Act applies to the seas within that part of the Pacific
Ocean known as Behring Sea, and within such other -parts of the North Pacific Ocean
as are north of the 42nd parallel of north latitude :
And whereas an arrangement has been made between Her Majesty the Queen
and His Imperial Majesty the Emperor of Russia, whereby British ships engaged in
* See « Russia No. 3 (1893)."
 hunting seals within such parts of the said seas as are hereinafter specified may be
seized by Russian cruisers:
Now, therefore, Her Majesty, in virtue of the powers vested in her by the said
recited Act, and of all other powers .enabling h.er in that behalf, is hereby pleased,
by and with the advice of her Privy Council, to order, and it is hereby ordered, as
follows:—
1. From and after the 4th day of July, 18,93, until the 1st day of January, 1894,
the catching of seals by British ships is hereby prohibited within such parts of the
seas to which the recited Act applies as are comprised within the following zones, that
is t,0 say (1) a zone of W marine miles on all the Russian AQasts of Behring Sea and
the North Pacific Ocean; and (2) a zone of 30 marine miles round the Kornandprsky
Islands and Tulenew (JKiPbben Island).
2. The powers which, under the recited Act, may be je^ejeised bjr any/$pi&mis-
sioned officer on full pay in the naval service of Her Majesty may foe exercised by the
Captain or other officer in command of any war-vessel of His Imperial Majesjby .the
Emperor of Russia in relation to a British ship, and the equipment aftd crew and
certificate thereof.
3. This 0$$er m#y 3$ fM&L as " The Seal Eighery (North Pacific) X)jc$gp in
Council, 1893." H'sfe
<§jgne^ C. L. PEEL.
The Earl of Rosebery to Mr. de ^Eiinsm.
(Telegraphic.) .-Fsre^9n Office, July 5, 18^3.'
ON the 12th May you were instructed to warn British sealers that an Agreement
had been made with the Russian Government to proMb^ seating within certain
distances of the Russian coast and islands.
The Order in Council for enforcing this Agreement was passed yesterday, and
British sealers who infringe its provisions are nowHable lo be seized\by British or
Russian cruisers.
The necessary warnings should be given at Japanese ports.   The Admiralty have
sent instructions to British aaval offices*.- •
N/o.£.
The Earl of Rosebery to Mr. Howard.
(T^egraphic.) Foreign Office, July 5, 1893.
WITH reference to my despatch of the 1st instant," you are authorized to
communicate to the Russian Government " 'Thp Seal Fishery (North Pacific) Order in
Council," which was issued yesterday, and also the Admiralty instructions.
No. 7.
Admiralty to Foreign Office.—(Received July 7.)
Sii*, Admiralty, July 6, 1893.
I AM coinmandm by my .Lords Commissioners of the 'Admiralty to transmit, for
the information of the Secretary of State for Foreign Affairs, copies of telegrams,
d^ted the 4jfch and 6th instant, sent to the Commander-in-chief, China.
I am, &c.
(Signed) EVAN MACGREGOR.
[366] B 2
 Inclosure 1 in No. 7.
Admiralty to Rear-Admiral Sir E. Fremantle.
(Telegraphic.) Admiralty, July 4, 1893.
REGULATIONS under Seal Fishery Act are as follows, but do not act without
further instructions:—
British cruisers to co-operate with Russian in preventing persons belonging to
British ships killing or hunting seals within zones 10 marine miles Russian coast,
and 30 marine miles round Commander and Robben Islands.
Warn British ships they are liable to capture for contravention.
British or Russian cruiser may stop and examine British ship contravening.
British Commander examining ship should draw up written statement of
circumstances and grounds.
If evidence in statement taken on oath in presence of person charged having
liberty to cross-examine and reply, Commander should certify accordingly.
British Commander seizing ship should take her for adjudication to Yokohama or
Shanghae, or British Colonial port having competent Court.
Instead of seizing British Commander may retain certificate, giving provisional
one, or return certificate indorsed with grounds for seizure, and direct ship in provisional certificate or indorsement to proceed forthwith to specified port.
British Commander should in any case remove sealing equipment, and send it
with certificate or copy of indorsement, and statement and witnesses, to specified port
to British Consul if Yokohama or Shanghae, Collector of Customs if colonial port.
When Russians stop ship Commander will at first opportunity hand over ship or
documents to British cruiser or authority.
British Commander receiving ship or documents from Russians to proceed as if
himself had examined ship.
In every case British Commander should record name of ship and master, and
inform Commander-in-chief of action.
Russians alone will exercise jurisdiction within 3-mile limit.
Send necessary cruisers to carry out above. Full text of instructions and documents follow by mail.
Inclosure 2 in No. 7.
Admiralty to Rear-Admiral Sir E. Fremantle.
(Telegraphic.) Admiralty, July 6, 1893.
SEALING Order in Council dates 4th July.    Act on telegram of 4th.
No. 8.
Mr. Howard to the Earl of Rosebery.—(Received July 10.)
My Lord, St. Petersburgh, July 5, 1893.
I HAVE the honour to inclose herewith a translation of an extract from the
" Cronstadt Gazette," giving the substance of the instructions issued to the Captain
of the Imperial cruiser, the "Nayezdnik," recently dispatched to the north of Russia
for the protection of the Russian sea fisheries along the Murman coast and White Sea.
Your Lordship will perceive that, according to these instructions, foreign vessels
may only be stopped by the Russian cruiser on the high seas when the pursuit shall
have commenced within territorial waters, or when such foreign vessels, keeping
beyond the limits of the latter, shall hava sent boats out to capture fish, &c, within
them. This is the same doctrine which was applied in the cases of our vessels seized
last year in the North Pacific Ocean.
I have, &c>
(Signed) HENRY HOWARD.
 Inclosure in No. 8.
Substance of Article in the ff Cronstadt Gazette " of June 9 (21), 1893.
ACCORDING to the "Cronstadt Gazette" of the 9th (21st) June, 1893, the
Captain of the | Nayezdnik " cruiser, recently dispatched to the north of Russia for
the protection of the Russian sea fisheries along the Murman coast and White Sea, has
received the following instructions for his guidance:—
He is to stop foreign vessels found in Russian territorial waters, to warn them
against pursuing their calling in such waters, and to obtain from their Commanders a
written undertaking to the effect that they will not capture fish or other marine
animals in Russian waters.
He may search all vessels, excepting men-of-war, of a suspicious character, in
order to convince himself that a vessel has not poached in Russian waters. Should it
prove that such poaching has taken place, or that the vessel has been overtaken in the-
act, the cruiser is to arrest such vessel, and to send her in proper charge to the police
officer at Kola for legal prosecution before the Murman Magisterial Tribunal.
Suspicious vessels may be stopped in territorial waters, and only in two cases
beyond the limits of the same, viz.:—
1. When the pursuit shall have commenced within the territorial limit, and the
vessel, paying no attention to signals or shots, shall have escaped beyond such limit.
2. When a foreign fishing-vessel, keeping beyond the territorial waters, shall send
boats out to capture fish, &c, in them.
In both cases the captain of the cruiser shall proceed as if he were in territorial
waters, and, in case of necessity, pursue the poaching vessel to the outside limits of
the territorial waters of another country.
Detailed instructions are given as to the preliminary arrest and release of a vesser
temporarily detained; how the crews of arrested vessels are to be distributed, victualled, &c.
The Commanding Officer of the cruiser is bound to keep a journal, in which each
case of stoppage of a vessel for inquiry, search, or arrest is to be entered.
No. 9.
Mr. Howard to the Earl of Rosebery.—(Received July 10.)
My Lord, St. Petersburgh, July 5,1893.
1 HAVE the honour to report that on the receipt of your Lordship's telegram
of yesterday's date I went to the Ministry for Foreign Affairs in the hope of seeing
Count Kapnist, and asking him to furnish me with a copy of the chart used by the
Imperial Special Commission in the preparation of their Report on the cases of the
British sealers seized last year by the Russian cruisers, as all the questions relating to
these cases have been dealt with by his Excellency's Department; but I found that he
had gone to Germany, so I spoke to M. Chichkine on the subject of my request, who
begged me to address him a note which he could submit to the Minister of Marine, as
the latter, he said, had complete control of all matters, relating to charts.
I have the honour to inclose a copy of the note which, in compliance with
M. Chichkine's request, I have this day addressed to his Excellency.
I have, &c.
(Signed) HENRY HOWARD.
Inclosure in No. 9.
Mr. Howard to M. Chichkine.
M. le Conseiller Prive, St. Petersburgh, June.23 (July 5), 1893.
WITH reference to our conversation of this afternoon, I have the honour to
inform your Excellency that it appears that the distances as to the positions where
British sealing-vessels were seized, as mentioned in the Report of the Imperial Special
Commission inclosed in your Excellency's note to me of the 29th May (10th June)
last, differ greatly from those given in any charts possessed by Her Majesty's
Government.
 I
Under these circumstances, the Earl of Rosebery expresses the hope that it may
be found possible to furnish him with a-copy of the chart used by the Imperial Commissioners in the preparation of their Report.
It has occurred'to me that the Russian chart may be based on-the meridian of
Pulkova instead of. that of Greenwich, which may account for the aboye-mentioned
difference, but it is likewise more than probable that the chart used by the Commission
is more complete than those in our possession, as Lord Rosebery states that it had not
been possible to place the Island of Aria which is mentioned by the Imperial Commission in the case of the British vessel " Rosie Olsen," and it therefore seems all the
more necessary that Her Majesty's Government should be furnished with a copy of
the Russian chart, so as to enable them to properly understand all the details contained
in the Report in question.
• I avail, &c.
(Signed) HENRY HOWARD.
No. 10.
Mr. Howard to the Earl of Rosebery.—(Received July 10.)
My Lord, St. Petersburgh, July 6, 1893.
WITH reference to your Lordship's telegram and despatch of the 1st instant, and
to your telegram of yesterday's date, relating to the Sealing Arrangement with Russia,
I have the houour to inclose herewith copies of the two notes which, in obedience to
the instructions contained in the above-named communications, I have addressed to
the Russian Government on the subject of the Order in Council issued on the
4th instant and the instructions for the guidance of Her Majesty's cruisers.
I have, &c.
(Signed) HENRY HOWARD.
Inclosure 1 in No. 10.
Mr. Howard to M. Chichkine.
(Extract.) St. Petersburgh, June 22 (July 4), 1893.
I AM directed by the Earl of Rosebery to acquaint your Excellency that Royal
Assent has been aecoMed ,to-the Act of Parliament passed for giving effect to the Sealing
Aj^ngemepii. jrecently .come to between our two Governments, and that the necessary
Qrdgpjjin pomicil w^ll at once be issued, as also .jkhat the proper Jufbructions wffl be
giyen to th^,pommanders of Her Majesty's cruisers, who, as your Excellency is aware,n
have already been directed to warn British vessels of the terms' of the Arrangement.,'
Qopigs of these jns,tr;iicti.pns are to be sent to me as soon as possible for.eommunication.'
tgjjthe Imge^fal Government, who, Lord Rosebery does not obubt, will give corre^
sppnding orders to^their officers .,on the subject of the formalities to be adoptel
rggpjgDjfc^ng the seizure ,of vessels and the taking of evidence.
Inclosure 2 in No. 10.
Mr. Howard to M. Chichkine.
M. le Conseiller Prive, St. Petersburgh, June 24 (July 6), 1893.
WITH reference to my note of the 22nd June (4th July) last, I have the honour
to transmit herewith to your Excellency a copy of the Order in Council which was
issued on the 22nd June (4th July) for giving effect to the Act of Parliament relating
to the Sealing Arrangement come to between our two Governments.
J havevthe honour likewise to inclose a copy of the instructions for the guidance
of Her Mageggf s cruisers in the neighbourhood of the Russian seal islands, which have
been sent ,to the Commander-in-chief of Her Majesty's ships on the China Station and
a summary of which has been forwarded to him by telegraph.
I avail. &c.
(Signed) SENRY HOWARD.
 7
No. 11
Foreign Office io-\
Sir, Foreign Office) July 11, 1893.
I AM directed by the Earl of Rosebery to transmit herewith twelve copies of
fl The Seal Fisb&ps (North Pacific) Order in Council, 1§93,"* and of the instructions
to be issued" by the Lords Commissioners of the Admiralty for the guidance of Her
Majesty's naval officers. •
I am, &c.
(Signed) T. H. SANDERSON,
Inclosure in No. 11.
" Seal Fishery (North Pacific) Act, 1893."
Admiralty Instructions.
IN accordance with an arrangement concluded between Great Britain and Russia
on the 30th May, 1893, and in conformity with the powers vested in Her Majesty's
Government by "The Seal Fishery (North Pacific) Act, 1893," and the Order in
Council, dated the 4th day of July, 1893 (copies of which are attached), the following
Regulations have been made :—
1. British cruisers are to co-operate wffK vessels of the Russian1 TnTperial'navy of
Government in p'revefiting persons belonging to British ships from killing or hunting
seals during the period and within the zones specified in the said Order in Council.
2. British ships likely to be affected should be warned that they will be liable to
capture fi found killing or hunting^ seals witMn: those zones.
3. If any person belonging to a British ship kills, takes, hunts, or attempts to
kill or take, any seal during the said period or within the said zones, or if any British
ship, or the equipment or crew thereof, is or are used or employed in such killing,
taking, hunting, or attempt, a British or a Russian cruiser may stop and examine the
ship.
4. Where the Commander of a British cruiser stops and examines a ship, he
should draw up and_„§ign a statement, in writing^of the circumstances under which
and the grounds on which he stopped and examined the ship. If evidence contained
in the itgttbmefit bb tiken bit bath in the presence of the person charged in the
e^iSeifle'eV and the person so chsirged has an oppfrrtttrfity of cross-examining the person
giving the evidence, and of making his reply to the evidence, the Commander should
Eertify^ that the e^Mbnbe was so taken, and that there was subh opportunity of cross-
el^mirhng ^fid bf making a reply.
5. If the Commander of a*British cruiser decides to seize the ship^ihb is to take
her for adjddibatibn to one of the specified ports, that is to say, either Yokohama or
ShSrighae, or a British Colonial port at which there is a competent Court. In ordinajrj
cases, the most convenient port will be Yokohama.
6. Instead of seizing the ship, the Commander of the British cfulser fn#y, if he
thinks fit, either retain the certificate and give a provisional certificate in lieu thereof,
or return the certificate^J»fith ah indorsement of the grounds on which it was seized,
and in either case may direct the ship by an addition to the provisional certificate, or
to the indorsement, to proceed forthwith to one of the specified ports to be named
in the certificate or indorsement. Forms of provisional certificate and of indorsement
are sent herewith.
7. Where the Commander of a British cruiser seizes or indorses a ship's certificate,
he should on the fiijst opportunity send the certificate or copy of the indorsement, and
also the above-mentioned statement and the witnesses, to the specified port, addressing
.thb documents to the prbp'er officer there. IJJhe proper officer will be the British
.feoifeul if the &pieeinea port is Yokohama or Shanghae, and the Collector of Customs
if it is a colonial port.
8. The Commander of a Russian cruiser authorized by the Order in Council
* Inclosure in No. 4.
 to stop and examine a British ship will be instructed at the first opportunity (where
feasible) to hand over the ship and documents, or the documents, as the case may be,
to a British cruiser or other British authority.
9. Where the Commander of a British cruiser receives such ship and documents,
or such documents, from a Russian cruiser, he is to proceed in like manner as if he
had himself stopped and examined the ship.
10. Where the Commander of a British ship either seizes a ship or deals with her
certificate as above directed, or receives a British ship from a Russian cruiser, all the
equipment for sealing is to be removed from the ship, and taken or sent to the proper
officer at the port to which the ship is taken or sent for adjudication.
11. In any case, the Commander of a British cruiser is to record the name of
every ship in respect of which he performs any act hereinbefore directed or authorized,
and of her master, and he is at the first opportunity to inform the Commander-in-
chief of the action taken by him.
12. In the event of a British Agent visiting the Komandorsky Islands and
Robben Island to confer with the authorities there, and to inquire into the working
of the arrangement, British cruisers are to co-operate with the said Agent, and to
give him any assistance in their power.
13. It is to be understood that these Regulations do not apply to those parts of
the zones which consist of Russian territorial waters, and that within those waters the
Government of Russia will alone exercise jurisdiction.
1.
(A.)—Form of Provisional Certificate of Registry.
No.
Date of Registry.
Name of Ship.
British or Foreign built.
Port of Registry.
How     pelled.
2. The original certificate of the said ship, containing the above particulars, is
dated at , the day of , 18 , and purports to be signed
by                              as Registrar.
3. The said original certificate has been seized, and this provisional certificate has
been granted by the Undersigned, in accordance with the provisions of " The Seal
Fishery (North Pacific) Act, 1893."
4. The said ship is hereby directed to proceed forthwith to the port of
for adjudication, and the master is directed to report himself forthwith on arrival there
to the British Consul [or Collector of Customs, as the case may be].
Dated at [give ship's position] , the day of ,
189    .
(Signed)
Commanding Officer, H.M.S.
(B.)—Form of Indorsement on Certificate of Registry.
In accordance with the provisions of "The Seal Fishery (North Pacific) Act,
1893," the said ship has been stopped and examined, and this certificate has been
seized by the Undersigned on the following grounds :—[Shortly state grounds.]
This certificate is with this indorsement returned to the master.
 The said ship is hereby directed to proceed forthwith to the port of
for adjudication under the said Act, and the master is hereby directed to report
himself forthwith on arrival there to the British Consul [or Collector of Customs, as
the case may be].
Dated at [give ship's position] , the day of ,
189    .
(Signed)
Commanding Officer, H.M.S.
No. 12.
Colonial Office to Foreign Office.—(Received July 12.)
Sir, Downing Street, July 11,1893.
WITH reference to previous correspondence respecting the Agreement recently
concluded with Russia relative to the prohibition of sealing within certain limits in the
North Pacific Ocean, I am directed by the Marquess of Ripon to transmit to you, for the
information of the Earl of Rosebery, a copy of a despatch from the Governor-General
of Canada, with its inclosures, on the subject.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure 1 in No. 12.
The Earl of Derby to the Marquess of Ripon.
My Lord, Government House, Ottawa, June 8, 1893.
WITH reference to your Lordship's telegram of the 11th ultimo, announcing the
conclusion of an Agreement between Her Majesty's Government and that of Russia
relative to the prohibition of sealing within certain limits in the North Pacific Ocean,
I have the honour to inclose copy of an approved Minute of the Privy Council
embodying the observations of the Acting Minister of Marine and Fisheries upon the
matter.
Your Lordship will observe that the Minister gives particulars of the steps taken
to warn sealers, and draws attention to the request of owners of sealing-vessels that
Her Majesty's Government would send a cruiser to prevent the unnecessary annoyance
of British ships in the carrying out of the Agreement.
I have, &c.
(Signed) DERBY.
Inclosure 2 in No. 12.
Report of a Committee of the Honourable the Privy Council, approved by the Governor-
General in Council on the 2nd June, 1893.
THE Committee of the Privy Council have had under consideration a telegram,
hereto attached, dated the 11th May, 1893, from the Marquess of Ripon, announcing
that an Arrangement has been consummated between Her Majesty's Government and
that of Russia affecting the seal fisheries adjacent to the territory of the latter country
during the year 1893.
The Acting Minister of Marine and Fisheries, to whom the despatch was referred,
observes that by this Arrangement it has been agreed that, on condition of a limitation
of the take of sealsuon the Russian seal islands, viz., Commander Islands and Robben
Islands or Reef, to 30,000 during the present year by the Russian Government, Her
Majesty's Government will prohibit sealers from sealing within 10 miles from the
coasts of Russia and 30 miles from the Commander Islands and Robben Islands during
the same period.
The Minister further observes that Lord Ripon expressed the hope that the Agreement would be signed in the course of a few days, but, in the meantime, he desired
that warning should issue to sealers to observe the prohibition.
The Minister desires to state that on receipt of the Colonial Office despatch of the
[366] "< C
 1©
3rd March, announcing Russia's proposal of the Arrangement just confirmed, the
Collector of Customs at Victoria was informed of the terms thereof, a&d directed to
warn the sealers of their liability^ approaching Russian ter$#®Pf within the prescribed
distances.
The Minister further reports that, in accordance with the request contMned in the
despatch under review, he has caused the following telegram to be sent to the Collects
of Customs at Victoria:—
I Referring to my telegram of 10th March and Mr. Pharmelee's of l7th, I have
now to advise that English and Russian Governments have agreed to prohibit sealing-
vessels from fishing within 10 miles of Russian coasts, and within 30 miles of Robben
Island and Commander Islands, during the present year.
I Warn sealers to observe this prohibition, communicating with those who have
already sailed whenever possible. Give copy of thife to Officer Commanding Her
Majesty's ships at Esquimalt."
The Minister submits the Report of the Collector, together with a communication
addressed to him by the Senior Naval Officer commanding Her Majesty's ships at
Esquimalt; also copies of letters sent by him to Her Majesty's Consuls at Yokohama
and Hakodate.
The Minister observes from these communications that the terms of the Arrangement arrived at regarding sealing in the vicinity of Russian Waters Were communi-
cated to the Senior Naval Officer at Esquimalt, as well as to Her Britannic Majesty s
Consuls at Yokohama and Hakodate, Japan, where the sealing-schooners are expected
to return in June to deliver their catch, obtained in Japanese waters, and to procure
supplies before their departure to the Russian side of Behring Sea. It will also be
observed that copies of the Notification were likewise sent to the master of each British
sealing-vessel belonging to Victoria now in Japanese waters, of which there are twenty-
four.
The Minister desires to invite attention to the statement in the letter of the
Collector of Customs, to the effect that Captain J. G. Cox, a person largely interested
in sealing-vessels, who had just returned from Japan, and who was there when the
Notification of March last, of the proposal now confirmed, advised the masters of the
sealing-schooners to keep correct log-books and reckonings, and have their daily
position marked on the charts, in order to guard against accident of being within the
zone unintentionally through the action of currents, and during the dense fogs which
prevail in the locality of the Russian islands during the sealing season.
The Minister desires also to direct attention to the closing portion of the Collector's letters, in which he intimated that the owners of sealing-vessels had expressed
the hope that Her Majesty's Government would send a cruiser to the scene of their
operations to see that British vessels were not unnecessarily harassed, and to see justice
done them if they could establish the fact that they were within the zone by unavoidable circumstances.
The Committee advise that your Excellency be moved to forward a certified copy
of this Minute, together with its Appendices, to the Most Honourable the Principal
Secretary of State for the Colonies, for the information of Her Majesty's Government.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council'
Inclosure 3 in No. 12.
The Marquess of Ripon to the Earl of Derby.
(Telegraphic.) Downing Street, May 11, 1893.
RUSSlAN^Government have stated that if is necessary to prohibit sealin^-vessels
from fishing within 10 miles of their coasts and within 30 miles of Robben Isfandand
the Commander Islands for protection of their seal rookeries.
On condition of limitation of take of seals on islands to 30,000 during present
year, Her Majesty's Government have expressed their willingness to agree3 to these
measures.
In the course of a few days we hope Agreement will be signed.    Meanwhile
ssue warning to sealers to observe this prohibition, communicating with those which
Jm-ye alre^y Sailed wherever possible. ; "*■• - ■
 11
Inclosure 4 in No. 12.
Mr. Mime to Mr. Par melee.
Sir, Customs, Canada, Victoria, B.C., May 18, 1893.
I HAVE the honour to state that, in compliance with your telegram, dated the
13th instant, and the Deputy Minister of Marine and Fisheries of the same date,
copies of the same were promptly sent to Captain H. Hughes Hallett, Senior Naval
Officer commanding Her Majesty's ships at Esquimalt, British Columbia, and for your
information I inclose you his reply, also copies of letters sent to Her Britannic
Majesty's Consuls at the port of Yokohama and Hakodate, Japan, where the
sealing-schooners will return in June to deliver their catch obtained in Japanese
waters, and to obtain supplies before their departure to the Russian side of Behring
Sea.
As suggested by Captain Hallett, that as the proscribed district is beyond the
limits of the Pacific Naval Station, a similar Notification has been sent to the Senior
Naval Officer at Yokohama.
Separate copies were likewise sent in separate envelopes to the master of each
British sealing-vessel in Japanese waters, twen'^fbur belonging to this port being
now there.
Captain J. G. Cox, a person larger^'interested in sealing-vessels, has just returned
from Japan, and being there when the terms of vour Notification on the 17th Mareh
last, which reached Japan first from this port, many of the schooners being then m
Yokohama, he advised all the masters to keep good log-books and reckonings, and
have their djaily positions marked on their charts, in case they were by accident wit am
the limited zone, to show that they were there unintentionally, which might be the case,
as it ha^'been found that currents set northwards on the Russian side, drifting the
vessels towards the Commander Islands, and this, with the dense fogs which prevail
there during the sealing season, sealers might accidentally be within the 30 miles
without knowing the fact.
Several? of the owners here have expressed the hope that the British Government
woultf send a cruiser to see that the vessels were not unnecessarily harassed, and to
see jiisfrob done tfrem if they couid establish the fact that they were wrffiin the zone by
unavoidable circumstances.
Every endeavour will be made to communicate with the sealing fleet that are now
working northwards on tfeis coast, and I feel satisfied that all will be notified before
any depart for. the Russian, side.
I have, &c.
■(Kgned) A. R. MILNE, Collector.
Inclosure 5 in No. 12.
Captain Hallett to Mr. Milne.
Sir,, " Garnet," at Esquimalt, May 15, 1893.
I BFjG to acknowledge the receipt of your communication of _the 13th M%y,
together with copies of telegram, relative to Agreement between the British and
Kussian Governments, which I shall make known to all Her Majesty's ships.
1 sfiBuld feel obliged if you could furhish me with the names of those sealiflg-
vessels that have been already warned, and also from time to time of those who may
be warned hereafter.:
I would suggest that as the proscribed district is beyond the limits of the Pacific
Naval Station, a similar Notification be sent to the Senior Naval Officer, Yokohama,
Japan.
I have, &c
(Signed) H. H. HALLETT
[366] 0 2
 :;"~ 12 1
Inclosure 6 in No. 12.
Mr. Milne to Consul Hall.
Sir, Customs, Canada, Victoria, B.C., May 15,1893.
I HAVE the honour to transmit herewith envelopes containing copies of
telegram received from the Deputy Minister of Marine and Fisheries and Deputy
Minister of Trade and Commerce for the Dominion, which I will thank you to be
caused to be delivered to the several schooners named, which all belong to this port.
I beg to inclose you several other copies, for your information and for distribution
should other schooners call at your port, whom the owners inform me are expected to
do during next month.
I would thank you to give every publicity to the terms of the Agreement entered
into for this year between the two Governments.
I have, &c.
(Signed) A. R. MILNE, Collector.
Inclosure 7 in No. 12.
Mr. Milne to Consul Troup.
Sir, Customs, Canada, Victoria, B.C., May 15, 1893.
I HAVE the honour to transmit herewith a number of copies of a telegram
received from the Deputy Minister of Marine and Fisheries and Deputy Minister of
Trade and Commerce, advising me of the Agreement entered into between Her
Britannic Majesty's Government and Russia, prohibiting sealing-vessels from fishing
within 10 miles of Russian coast and within 30 miles of Robben Island and Commander Islands during the present year.
I beg to ask that you will give publicity to the terms conveyed in the
telegram, and I will thank you to hand copies to the masters of all British sealing-
vessels that may be in. Yokohama this season, and which the owners inform me are
likely to return to Yokohama or Hakodate before departing for the Russian side of
Behrmg Sea.
I have, &c.
(Signed) A. R. MILNE, Collector.
No. 13.
Colonial Office to Foreign Office.—(Received July 25.)
Sir, Downing Street, July 24, 1893.
I AM directed by the Marquess of Ripon to acquaint you, for the information of
the Earl of Rosebery, that he has had under consideration the despatch from Her
Majesty's Ambassador at St. Petersburgh containing the note from the Russian
Government relative to the sealing-vessels captured by Russian cruisers in the North
Pacific last year.*
The first part of the Russian note deals with the question of the alleged ill-treatment
of the crews of the captured vessels while on the way to Petropavlovsk and during their
stay in that place.
Lord Ripon observes, with regard to the statements in the affidavits of the masters
of the seized vessels, corroborated by the officers and crews, as to the inadequacy and
entire unsuitability of the building allotted to the crews during their stay in
Petropavlovsk, that the argument that the town had no buildings sufficiently large to
provide lodgings for the men is scarcely conclusive, as the captured vessels themselves
as well as the H Zabiaka " were lying in the harbour, and accommodation for some
portion at least of the crews might have been provided on board these vessels.
The further complaint that no subsistence allowance was granted until the 3rd
August was made, not in respect of the | Rosie Olsen," but of the " Willie McGowan,"
the crew of which were landed destitute on the 21st July, and received no subsistence
allowance till the 3rd August,
* See " Russia No. 3 (1893)."
 13
No notice is taken of the statements in the affidavits of the captain and officers of
the " Ariel" as to the robbery of their effects by the prize crew, a matter as to which,
in the interests of the reputation of the Russian navy, some inquiry should have been
made.
The suggestion that those interested can appeal to the superior naval authority or
to the competent Tribunal in respect of the matters of which these complaints are
made cannot be regarded as a satisfactory way of disposing of these complaints, as,
so far as Lord Ripon is aware, there is no legal Tribunal, and the only appeal lies to
the authorities whose conduct is in question, and as the Russian Government has
admitted that the "Ariel" and the "McGowan" from which the complaints
emanated were illegally seized, Lord Ripon has no doubt that, in considering the
question of compensation in respect of the seizure of these vessels, the Russian
Government will not overlook the hardships and losses inflicted on the crews of these
vessels.
M. Chichkme's note deals with the question of the legality of the seizures, and
states that the Commission "a reconnu a bonne prise tous les bailments dont les
chaloupes avait ete apercues ou arret^es dans nos eaux territoriales. II est ind^niable,
en effet, que les chaloupes constituent juridiquement parlant une d^pendance du
schooner auquel elles appartiennent. Leur saisie dans des eaux territoriales rend
par consequent parfaitement legale Parrestation du batiment dont elles font en
quelque sorte partie."
The question is one of great importance, and even assuming the facts to be as
stated in the above extract, Lord Ripon doubts whether it would be universally
admitted that they form an exception to the general rule, that a ship on the high seas
outside the 3-mile limit is subject to the exclusive jurisdiction of the nation to which
it belongs. Lord Ripon believes the principle of hot pursuit to be generally recognized
in cases where there is no room for doubt either as to the fact of an offence having
been committed, or as to the identity of the offender.
Bluntschli, indeed, lays it down that " lorsque le navire a echappe" aux poursuites,
il ne peut plus etre attaque en pleine mer par les navires de TFtat les6," and he adds
in a note, " la poursuite en pleine mer ne se justifie que comme continuation de la
poursuite commencee dans la partie de la mer dependant de l'Jfitat riverain (mer
voisine). Cette extension est necessaire pour assurer l'efficacite de la justice p6nale;
mais elle cesse aussitot que la poursuite vient a etre suspendue."
Mr. W. E. Hall, in his " International Law," after stating that the pursuit must
be commenced " while the vessel is still within territorial waters, or has only just
escaped from them," adds that " the restriction of the permission within the bounds
stated may be readily explained by the abuses which would spring from a right to
waylay and bring in ships at a subsequent time, when the identity of the vessel or of
the persons on board might be doubtful."
The principle asserted by M. Chichkine as applied in the cases of the
I C. H. Tupper," the "Walter P. Hall," and other vessels is put forward to justify the
search- of vessels on the high seas on the mere suspicion that their boats may at some
time' previously have committed an offence within territorial waters.
Such a proceeding appears to Lord Ripon to be totally inadmissible, and to be
contrary to the established Rules of international law.
The Russian Government may be expected in support of their present Argument
to appeal to the case of the " Araunah," captured near Copper Island in 1888, which
was not pressed by the British Government, though there was room for doubt whether
the vessel was actually within the territorial waters of Russia when pursuit commenced ; but there was at all events no doubt as to the commission of an offence, by
the boats, as to the connection between the offending boats and the vessel, or as to the
identity of the vessel. .
As regards the seizures now in question, there is much uncertainty as to the facts,
and it must be observed that the evidence upon which the Commissioners rely, and
which in every case they take as conclusive, is simply the ex parte and apparently
Unsworn statement of the captors of the vessels, Whose own conduct is being investigated, that that evidence has not been furnished to Her Majesty's Government, and
was given in the absence of all persons in any way connected with the vessel seized, and
apparently without any cross-examination whatever, but with full knowledge of the
evidence submitted by Her Majesty's Government; so that it is not testimony to
which primd facie much weight could be attached. Moreover, not only does the
account given of the various seizures  differ widely from that contained in the
 u
affidavits submitted by Her Majesty's Government, but is inconsistent with itself
and with the earlier official accounts given by the Russian Government.
In these circumstances, Lord Ripon thinks that the claims for compensation
should be again pressed upon the Russian Government, but he would suggest that,
before doing so, the papers should be referred to Mr. Tupper, the Canadian Minister
of Marine and Fisheries, for an expression of his views as to the course wliich should
be followed.
I am, &c.
(Signed) JOHN BRAMSTON.
No, 14.
Mr. de Bunsen to the Earl of Rosebery*—(Received July 26-.)
My Lord, T8ki6, June 10, 1893.
I HAVE the honour to report that M. Hitrovo, Russian Minister at this Court,
read to me yesterday a telegram from St. Petersburgh, informing him of the Agreement with England establishing protective zones off the Commander Islands and
Robben Island, and off the Russian coasts in the Behring Sea and other parts of the
North Pacific, and directing him to make this arrangement known to the Commanders
of Russian vessels of war in these waters.
He was likewise to instruct them to hand over,, if possible, any British sealing-
vessel captured within the above limits to an officer commanding a British vessel of
war, or,, if no British vessel of war should be within reach, to take possession of the
papers of the sealihg-vessel, and to forward them to the Russian Consulate at
Yokohama for transmission, through the Russian Legation*, to Her Majesty's Legation
at T6ki6.
M. Hitrovo was to expect full details by post.
I have, &c.
(Signed) M. DE BUNSEN.
No. 15.
Mr. Howard to. the Ep%l of Basebery.—(Renewed July, 29.)
Hy Lord, St. Petersburgh, Judy, 26, 1893.
WITH reference to my despatch of the 5th instant, I have the honour to
transmit herewith a copy of a note which I have received from the Russian Government, inclosing, a copy of the chart used by the Imperial Special Commission, in* the
preparation of their Report on the cases of the British sealers; seized last year by the
Russian cruisers, and in which M. Chichkine explains that the difficulty experienced
by your Lordship in placing the spot where the " Rosie Olsen" was seized, as mentioned
in the above-named Report, arose from a clerical error in the same as to the longitude
and latitude of the. spot in question.
The Russian chart is based on the meridian of Greenwich, but. likewise, indicates
those of St. Petersburgh and Paris.
I have thanked M. Chichkine for his courtesy in this;matter.
I have, &c.
Signed) HENRY HOWARD-
Inclosure. in- No. 15.
M. Chichkine to Mr. Howard.
Minister.e. des Affaires. Etrangefes,. Departement Asiatique,
M. le Charge d'Affaires, U 13 (25) Juillet, 1893.
PAR suite de la note que vous avez bien voulu m'adresser en date du 23 Join
(5 Juillet) dernier, je me fais un devoir de vous transmettre ci-pres un exemplaire de
la carte dont. s'est servie la. Commission d'Examen de raffaire de la saisie da navires
Anglais se Iivrant a la peche aux otaries dans la Mer de Behring.
 15
Je m'empresse de vous informer a cette oecasdon que l'erreur que Lord Rosebery
a reiev^e quant a la position du schooner " Rosie Olsen " lors de sa saisie n'est qu'une
simple erreur d'6criture; le lieu de saisie du navire en question est fixe dans la Notice
No. 2 qui avait accompagnee ma note du 29 Mai, annee courante, a 53° 23' latitude
nord sur 185° 27' longitudej,est, tandis que cette position doit etre definie ainsi:
53° 25' latitude nord sur 165° 27' longitude est.
Veuillez, &c.
(Signe) CHICHKINE.
No. 16.
The Earl of Rosebery to Mr. Tupper,
Sir, Foreign Office, August 4, 1893.
I TRANSMIT copy of a letter from the Colonial Office, commenting on the
reply of the Russian Government relative to the sealing-vessels captured last year by
Russian cruisers in the North Pacific.
It will be seen that Lord Ripon considers that reply to be unsatisfactory in some
respects. His Lordship suggests that the claims for compensation of the owners of
the several vessels should be again pressed upon the Russian Government.
But before any steps are taken in this direction^ Lord RipOn is of bpiBloli that the
correspondence should be forwarded to you for an expression of your views as to the
course which should be followed.
This I should be glad to receive at your early convenience.
I am, &c.
(Signed) ROSEBERY.
No. 17.
Mr. Howard to the Earl of Rosebery.—(Received August 7.)
My Lord, St. Petersburgh, July 31, 1893.
I HAVE the honour to transmit herewith a translation of a new Law published
in the | Bulletin des Lois " on the 16th (28th) instant, for the protection of the fur-seal
fishing industry.
By its provisions pelagic sealing is formally prohibited, and the capture, slaughter,
and pursuit of fur-seals on land is only authorized with the permission of the State
under special conditions.
The-penalties'-for offences Against this Law are imprisonment of from two to
sixteen months, and the confiscation of instruments of capture, the catch, as also
the vessel serving for the pursuit of the industry, with all their appurtenances and
cargo.
The District Court of Vladivostock is to h&ve jurisdiction in all criminal and CTvii
cases arising in the Commander and Tulenew Islands, as also in all charges of illegal
seal fishing on the high seas.
I have, &c.
(Sighed) HENRY HOWARD.
Inclosure 1 in No. 17.
Mtravtfrom the "Bulletin des Lois " of July 16 (28), 1893*
(Translation.)
HIS Imperial Majesty was pleased to confirm and order tb be carried into ex^eu*
tion the following-opinion of the Council of the Empire recorded in the Minutes of iW
proceedings on the 19th April (1st May) and 18th (30th) May respecting thefsjotectieoii
of theaf unseal ^dustcy;:—
I. In modification and amplification of existing Laws, it shall be ordained: The
pelagic pursuit of fupbearing seals is entirely fdrbjdden; the slaughter} eapttire^ and
 16
generally the pursuit of fur-seals on land can be carried on only with the permission
of the Government, and in a manner prescribed by it.
II. Section 3 of chapter 2, sub-section 8, of the Code of Criminal and Corrective
Punishments, edition 1885, shall be amplified by the following Ordinance :—
§ 921. Persons guilty of pelagic pursuit of furs-eals, as also of their arbitrary
pursuit inland, shall be liable to imprisonment from two months to one year and four
months.
The instruments of capture, the catch, and the vessel serving for the pursuit of
the industry, with all their appurtenances and cargo, shall be confiscated.
III. Paragraph 103 of the Regulations for the Administration of the Governor-
Generalship of the Amur region (Special Appendix relating to Siberian Institutions,
vol. ii, Part II of the Code of Laws, Continuation 1889) shall be amplified by the
following observation:—
| To the jurisdiction of the Circuit Court of Vladivostock shall also belong all
criminal and civil cases arising in the Commander and Tulenew Islands, as also cases of
accusation of pelagic fur-seal catching."
St. Petersburgh, August 3, 1893.
Inclosure 2 in No. 17.
Extract from the "Journal de Saint-Pe'tersbourg " of July 18 (30), 1893.
EN vertu d'un Avis du Conseil de l'Empire approuve par Sa Majeste l'Empereur
le ler Juin, les dispositions suivantes sont prises, en sus de celles qui existent deja,
pour la protection de l'industrie de la peche des phoques a, fourrure (otaries).
L'industrie de la p6che des otaries en pleine mer est formellement interdite; la
prise, l'abatage, et en general l'industrie de la peche en question sur terre ferme n'est
autorisee qu'avec la permission de l'Etat et a des conditions specialement indiqu^es.
Les personnes qui se livreront a la peche de l'otarie ou a la prise de cet amphibie
sur terre ferme sans y avoir 6te autorisees, sont passibles d'un emprisonnement de deux
a seize mois.
Le Tribunal d'Arrondissement de Vladivostock aura a juger les affaires criminelles
et civiles qui se produiront aux lies du Commandeur et aux lies des Phoques, ainsi
que toutes celles que souleveront les accusations de se livrer illicitement a la peche des
otaries en pleine mer.
No. 18.
Mr. Tupper to the Earl of Rosebery.—(Received August 9.)
My Lord, Paris, August 7, 1893.
I HAVE the honour to acknowledge the receipt of your Lordship's despatch
of the 4th instant, transmitting copy of a letter from the Colonial Office, relative
to the capture last year of certain British sealing-vessels by Russian cruisers in the
North Pacific.
In response to your Lordship's request for an expression of my views as to the
course which should be followed in this matter, I have the honour to state as
follows.
An examination of the Report of the Russian Commission upon the seizures of
British vessels certainly reveals strong contradiction between the affidavits the British
subjects forwarded to Her Majesty's Government and the statement of facts set out in
the Report.
There are many circumstances detailed in that Report which render the account
sriven bv it untrustworthy and unsatisfactory-
Many of the important principles of international law involved are satisfactorily
stated by the Russian Government in the recent correspondence, but issue is now
clearly joined on the facts touching all the seized vessels except the " McGowan " and
the "Ariel."
The facts in dispute cannot, in my opinion, be settled by an appeal, either to the
affidavits on one side or to the ex parte evidence on the other.
With regard to the principle of international law asserted by the Commission
 17
namely, that the seizure of a ship outside the 3-mile limit for offences committed
against municipal law by its boats within territorial waters, I beg to recall to your Lordship's recollection certain observations of Sir Charles Russell before the Behring Sea
Arbitration at Paris.
After stating that there exists a general consent by acquiescence on the part of
nations to the propriety of such seizures, he qualifies his remarks by saying that the
pursuit must be a hot one, that it must be immediate, and that it must be within the
limits of moderation.
And, with reference to the Hovering Acts, Sir C. Russell said it was doubtful
whether their true justification does not rest upon implied assent according to the
circumstances of each case.
I have the honour to suggest that the Russian Government should be requested
forthwith:—
1. To supply the Protocols containing the circumstances of the seizure of the
following schooners: the "Olsen," " Marie," " Carinolite," "Vancouver Belle," and of
the boats of the " W. P. Say ward."
2. To give permission to inspect and take copies of the logs and charts of the
foregoing vessels.
3. To furnish the reports on the courses of the " Zabiaka," § Vitiaz," and
" Kotik," together with copies of the evidence given by the Commanders of those
vessels before the Commission.
So soon as this information has been obtained, I venture to suggest that a
proposal should be made for the constitution of a Joint Commission to take evidence,
both in Canada and in Russia, touching the facts in dispute, so that, in the event of
the Governments not being able to agree after consideration of the evidence so taken,
the evidence may be referred to arbitration, and the various points in difference so
settled.
I have, &c.
(Signed) CHARLES H. TUPPER.
No. 19.
Mr. Tupper to the Earl of Rosebery.—(Received August 12.)
My Lord, Paris, August 9, 1893.
I HAVE the honour to acknowledge the receipt of your Lordship's despatch
of the 8th instant, transmitting further correspondence respecting the Sealing
Regulations issued by the Russian Government.
Inasmuch as these Regulations are not in terms confined to Russian subjects> I
venture to suggest that an intimation of some kind should be conveyed to the Russian
authorities which will prevent its being supposed that Great Britain had in any way
assented to the application of these laws outside the ordinary jurisdiction of Russia.
I have, &c.
(Signed) CHARLES H. TUPPER.
No. 20.
Mr. de Bunsen to the Earl of Rosebery.—(Received August 15.)
"My Lord, Tokio, July 13, 1893.
I HAVE the honour to inform your Lordship that, on receipt of your
telegram of the 5th instant relative to the recent Agreement with Russia for a
1 rotective zone round the coasts and islands of the North Pacific, I at once informed
Iter Majesty's Consuls, in order that they might warn British ship-masters that an
Order in Council has been passed, rendering British ships infringing the Agreement
jable to seizure by British as well as Russian vessels.
I have, &c.
(Signed) M. DE BUNSEN.
[8661 D
 18
No. 21.
foreign Office to Colonial Office.
Sir, Foreign Office, August 15, 1893.
WITH reference to the new Law promulgated by the Russian Government for
the protection of the fur-sealing industry, I am directed by the Earl of Rosebery to
transmit a copy of a despatch which has been received from Mr. Tupper on this
subject.*
I am also to forward, for the concurrence of the Marquess of Ripon, a draft of a
despatch which, in compliance with Mr. Tupper's suggestion, it is proposed to address
to Her Majesty's Charge d'Affaires at St. Petersburgh, instructing him to call the
attention of the Russian Government to the terms of the last paragraph-of his note
of the 30th April (12th May) last,t pointing out that Her Majesty's Government must
reserve to themselves full freedom to object to any interference with British subjects.
and vessels outside Russian territorial waters, according to the usual acceptation of
the term, which is not based on an express Agreement between the two Governments.
I am, &c.
(Signed) P. CURRIE.
No. 22.
Colonial Office to Foreign Office.—(Received August 23.)
Sir, Downing Street, August 23, 1893.
IN reply to your letter of the 15th instant, I am directed by the Marquess of
Ripon to state tiiat his Lordship concurs in the terms of the draft despatch which it is
proposed to address to Her Majesty's Charge- d'Affaires at St. Petersburgh with
reference to the new Russian Law forHie protection of the fur-sealing industrrr-
I am, &c.
(Signed) EDWARD WINGFIELD.
No. 23.
The Earl of Rosebery to Mr. Howard.
Sjir, Foreign Office* August 30, 1893.
I HAVE received your despatch of the 31st ultimo, inclosing a translation/
of a new Law promulgated by the Russian Government for the prMekstion of the;
fur-sealing industrv.
It is evident that this Law, outside the territorial jurisdiction, can only apply to
Russian subjects and vessels, unless in virtue of an International Agreement it is
made applicable to the subjects and vessels of other countries.
Inasmuch as no such Agreement exists, and as the Law in question is not in terms |
confined to Russian subjects, I have to request you to draw the attention of the
Imperial Government to the concluding paragraph of your note to M. Chichkine of
the 12th May last,! in which, acting on instructions, you informed the Russian
Government that Her Majesty's Government must reserve to themselves full freedom
to object to any interference with British subjects and vessels outside Russian
territorial waters, according to the usual acceptation of the term, which is not based
on an express Agreement between the two Governments.
I am, &c.
(Signed) ROSEBERY.
• No. 19. f See " Russia No. 1 (18y3)," p. 25.
Ct 18081
 19
No. 24.
Mr. Howard to the Earl of Rosebery.—(Received September 18.)
My Lord, St. Petersburgh, September 13, 1893.
WITH reference to your Lordship's  despatch of the 30th ultimo, I have the
honour to report that when I called upon M. Chichkine this afternoon the convert
. sation happened first to turn upon the Award of the Behring Sea Commission, wliich
his Excellency said was an excellent decision, and a good basis for an international
sealing arrangement.
I then alluded, to the recent Russian Law for the protection of fur-seals, and said
that although the Law did not mention Russian subjects, yet it prohibited pelagic
sealing, but I did not suppose that in that regard it was intended to apply to
foreigners; and I reminded M. Chichkine of the reservations made on that point by
us at the time of the conclusion of our Sealing Arrangement with the Imperial
Government.
His Excellency replied that, although as a matter of fact there were no Russian
sealers, it was found necessary to have a law on the subject, but that as regards
sealing on the high seas it did not apply to foreigners, as there was no question,,as far
as concerned the latter, of extending Russian jurisdiction beyond territorial waters.
i   n fi v o   csTiC*
(Signed) HENRY HOWARD.
No. 25.
Colonial Office to Foreign Office.—(Received September 22.)
Sir, Downing Street, September 21, 1893.
WITH reference to the letter from this Department of the 24th July, I am
directed by the Marquess of Ripon to transmit to you, to be laid before the Earl of
Rosebery, a copy of a despatch from the Governor-General of Canada, inclosing cojiy
of an approved Minute of Council respecting the seizure of British vessels by the
B.iissians in Behring Sea.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure I in No. 25.
Administrator Moore to the Marquess of Ripon.
My Lord, ^ujk Halifax, Nova Scotia, September 6, I8.93jtu<
WITH reference to your Lordship's despatch of the 29th June last, forwarding a
Parliamentary paper containing the Report of the Russian Commission upon .the;
seizures of British vessels in Behring Sea, I have the honour to forward hscCjWith copy
of an approved Minute of the Privy Council, embodying a Report by the Minister of
IN^arine and Fisheries, who points out the contradictions between the affidavits of the
British sealers and the findings of the Commission, and suggests certain measures for
satisiactorily determining the actual state of the facts in dispute.
I have, &c.
(Signed) A. MONTGOMERY MOORE.
Inclosure 2 in No. 25.
Report of a Committee of the Honourable the Privy Council, approved by the Governor-
General in Council on the 22nd August, 1893.
(Extract.)
ON a Report dated the 15th August, 1893, from the Minister of Marine and
Fisheries, submitting that an examination of the Report of the Russian Commis"*
6J©n upon the seizgire of British vessels  reveals  strong  contradiction between the
[366] D 2
 20
affidavits of the British subjects forwarded to Her Majesty's Government and the
statement of facts set out in the said Report, and there are many circumstances
detailed therein Avhich render the account given by it unsatisfactory and untrustworthy.
The facts in dispute cannot be settled by an appeal either to the affidavits on one
side or to the ex parte evidence on the other.
The Minister, under the circumstances, recommends that steps be taken to bring
before Her Majesty's Government the following suggestions as to the course to be
adopted:—
That the Russian Government should be requested (1) to supply the Protocols
containing the circumstances connected with the seizures of the following schooners :
the " Olsen," " Marie," " Carmolite," and " Vancouver Belle," and of the boats of the
" W. P. Sayward ; " (2) for permission to inspect and take copies of the logs and charts
of the foregoing vessels; (3) for the Reports on the courses of the " Zabiaka,"
" Vitiaz," and " Kotik," and copies of the evidence given by the Commanders of these
vessels before the Commission. So soon as this information is obtained, it is recommended that a proposal should be made for the constitution of a Joint Commission to
take evidence, both in Canada and in Russia, touching the facts in dispute, so that, in
the event of the Governments not being able to agree upon consideration of the
evidence so taken, the evidence may be referred to arbitration.
The Committee advise that your Excellency be moved to forward a certified copy
H this Minute to the Most Honourable the Principal Secretary of State for the
Colonies.
All of which is respectfully submitted for vour Excellency's approval.
(Signed)* JOHN J. McGEE,
Clerk of the Privy Council.
No. 26.
The Earl of Rosebery to Mr. Howard.
Sir, Foreign Office, November 15, 1893.
SIR R. MORIER'S despatch of the 12th June last, forwarding the reply of
the Russian Government with regard to the seizure of British sealing-vessels by
Russian cruisers in the North Pacific, has been under the careful consideration of
Her Majesty's Government.
The facts of these seizures, as represented by the Russian Government on the
one side and by the Canadian sealers on the. other, are contradictory in some
material points.
Under these eircumstances, it seems necessary to apply to the Russian Government for copies of the Protocols containing the circumstances of the seizure of the
I Rosie Olsen," | Marie," " Carmolite," and " Vancouver Belle," for permission to
inspect the logs and charts of these vessels upon which the cases against them are
founded, and for the Reports on the courses of the " Zabiaka," " Vitiaz," and
" Kotick," I have accordingly to instruct you to address an application to the Russian
Government to this effect, in which you may explain that Her Majesty's Government
are also endeavouring to obtain through the Canadian Government further information
which is necessarv to arrive at a clear knowledge of the facts.
It will not be necessary for the present that you should enter into any discussion
of the merits of the various cases, but in any observations which may pass on the
subject, it will be well to bear in mind the views of Her Majesty's Government as to
the main questions of principle involved in this matter.
These questions appear to be as follows:—
1. In what cases may a vessel which has committed an offence within territorial
waters be captured outside such waters ?
2. May the boats of a vessel ,be regarded as forming part of the vessel ? and
3. Is a seizure in non-territorial waters made on suspicion of an offence within
such waters justifiable if the subsequent search affords evidence of the offence ha vino-
been committed ?
With reference to the first question, it is the opinion of Her Majesty's Government that such an offending vessel can only be arrested if there has been a hot and
continuous pursuit from the time of the offence to the time of the arrest, and that
the pursuit cannot properly be described as hot and continuous unless it has been
 21
carried on so that (apart from any evidence found upon arrest) there can  be no
reasonable doubt that the vessel arrested was the one that committed the offence.
It appears doubtful whether the Russian Government clearly recognize this
principle, which, however, Her Majesty's Government believe to be in accordance with
international law and practice.
With respect to the second question, Her Majesty's Government are ready to
admit, for the purposes of the present case, that the boats of a vessel which commit an
offence render the vessel herself liable to seizure for such offence whenever it appears
that the boats were acting with the consent, expressed or implied, of the master of the
vessel, and provided that the pursuit of such vessel be hot and continuous.
It does not seem to them that the Russian Government substantially take a
different view, though M. ChichMne's reference to this principle in his note of the
29th May is perhaps rather loosely worded.
With reference to the third question, Her Majesty's Government cannot admit
the principle that vessels may be searched on suspicion, and that seizures may be
justified by the result of the search.
No doubt by Convention such rights of search are in special cases allowed, as, for
instance, in the Conventions relating to the Slave Trade, and the results of such search
may justify the seizure, but this principle cannot, apart from Convention, be
admitted.
If, however, the Government of Her Majesty are satisfied that the vessel in
question bad committed offences against a friendly Power, it is no doubt a matter for
them to consider how far it is politic or wise to protect the offenders. This is a.
principle of policy which largely affects, for example, international dealings in relation
to the Hovering Acts.
Until fuller information is received, Her Majesty's Government do not feel that
the claims in respect of any of the seizures can at present be abandoned. It is only
when these particulars are received that it will be possible to discriminate between the
cases, and to decide whether a Commission of Inquiry should be demanded, and, if so,
in relation to which of them.
I am, &o.
(Signed) ROSEBERY.
No. 27.
Mr. Howard to the Earl of Rosebery.—(Received November 30.)
My Lord, St. Petersburgh, November 25, 1893.
WITH reference to your Lordship's despatch of the 15th instant relative to the
reply of the Russian Government of the 29th May (10th June) on the subject of the
seizure last year of certain British sealing-vessels by Russian cruisers in the North
Pacific, I have the honour to transmit herewith a copy of the note which, in obedience
to the instructions contained in the above-named despatch, I have this day addressed
to the Imperial Government, asking for copies of the Protocols containing the circumstances of the seizure of the " Rosie Olsen," " Marie," " Carmolite," and " Vancouver
Belle," for permission to inspect the logs and charts of these vessels upon which the
cases against them are founded, and for the reports on the courses of the " Zabiaka,"
" Vitiaz," and " Kotik."
I have, &c.
(Signed) HENRY HOWARD.
Inclosure in No. 27.
, Mr. Howard to M. de Giers.
M. le Ministre* St. Petersburgh, November 13 (25), 1893.
IN obedience to the instructions which I have received from the Earl of Rosebery,
I have the honour to inform your Excellency that the note which the Imperial
Ministry of Foreign Affairs was so good as to address to the late Sir Robert Morier on
the 29th May (10th June) last relative to the seizure of certain British sealing-vessels
 /
99
by Russ"an cruisers in the North Pacific, together with its inclosures, lias been under
the careful consideration of Her Majesty's Government.
T As a result of this examination, it appears to them that the facts of these seizures,
as represented by: the Imperial Government on the one side and by the Canadian
sealers on the other, are contradictory in some, material points.
Under these circumstances, I am directed to explain that Her Majesty's Government, with the object of arriving at a clear knowledge of these facts, are endeavouring
to obtain additional information from the Government of Canada; but that, they find
it necessary at the same time to request the Russian Government to kindly furnish
them with copies of the following documents referred to in the Report of the Special
Commission, which formed the second inclosure in the above-named note from the
Imperial Ministry, viz.:—
The Protocols containing the cireumstauces of the seizure of the " Rosie Olsen,"
"Marie," "Carmolite," and " Vancouver Belle," and the reports on the courses of the
Imperial cruisers " Zabiaka," " Vitiaz," and " Kotik."
Her. Majesty's Government further request that permission may be granted for an
inspection of the. logs and charts of the four above-named Canadian vessels, upon
which the cases against them are founded.
In submitting this request to the Imperial Government, T avail myself, &c.
(Signed) HENRY HOWARD.
No. 28.
Colonial Office to Foreign Office.—(Received November 30.)
Sir, Downing Street, November 29, 1893.
WITH reference to the despatch from Mr. Howard,* recording a conversation with
M. Chichkine on the subject of the 'Award of the Behring Sea Arbitration Tribunal, I
am directed by the Marquess of Ripon to transmit to you, to be laid oefore the Earl
of Rosebery, A ,-copy of a despatch from the Governor-General of Canada, inclosing
copyMr'ii mfnure of the "Dominion Privy Council on the subject of M. Chichkine's
suggestion, that the^ Award of the Tribunal was a good basis for an international
sealing arrangement.
Lord Ripon would be glad to be informed whether the Russian Government has
made any overtures for an international arrangement embracing the Russian seal
islands, or for the. continuance of the provisional arrangement of lasfeyear.
lam, &c.
(Signed) JOHN BRAMSTON...
Inclosure 1 in No. 28.
The Earl of Aberdeen to the Marquess of Ripon.
IcCy Lord. Government House, Ottawa, November 9, 1893.
WITH reference to your Lordship's despatch of the 3rd ultimo, containing a
report oi.-a conversation between Her Majesty's Representative at St. Petersburgh and
the Russian Minister for Foreign Affairs upon the subject of the Behring Sea AAvard,!
I have the honour to forward copy of an approved Minute of the Privy Council,
embodying., the observations of the Minister of Marine and Fisheries upon the despatch
in question.
Your Lordship will observe that the Minister, dissents from the suggestion that
the Regulations laid down by the Arbitration Tribunal for extra-territorial waters in
the eastern half of Behring Sea should be extended to the western half of that sea
on the ground that such an extension would unnecessarily interfere with Canadian
sealers, and seriously prejudice British interests on the high seas in the waters of the
Pacific.
I have, &c. •
(Signed) ABERDEEN.
So. 34.
 Q2,
Inclosure 2 in No. 28.
Report of a Committee of the Honourable the Privy Council, approved by the Governor-
General in CounciVon the 28th October, 1893.
THE Committee of the Privy Council have had under consideration a despatch,
hereto attached, dated the 3rd October, 1893, from the Colonial Office, transmitting a
copy of a communication from Mr. Howard to the Earl of Rosebery respecting the
recent Russian Sealing Regulations.
The Minister of Marine and Fisheries, to whom the matter was referred, observes
that it appears from this despatch that his Excellency M. Chichkine,, in the course of
a conversation with Mr. Howard, remarked that the Award of the Behring Sea
Commission was an excellent decision, and a good basis for an international sealing
arrangement.
The Minister desires to express his dissent from the suggestion of M: GMehkittH
that the Regulations adopted by that Tribunal for the eastern waters of Behring Sea,
outside of territorial jurisdiction, should be extended so as to cover the western
waters also ; and he therefore takes the earliest opportunity of stating tmtt, to ajCCept
those Regulations as a basis for any such sealing arrangement between Great
Britain and Russia would, in his opinion, unnecessarily interfere with -Cana'diaii
sealers, as well as affect most seriously British interests on the high seas in the waters
of the Pacific.
The Committee, on the recommendation of the Minister of Marine and Ereheriesi
advise that your Excellency be moved to forward a certified copy of this Minute, if
approved, to the Right Honourable the Principal Secretary of State for the Colonies,
for the information of Her Majesty's Government.
All of which is respectfully submitted.
(Signed) JOHN J. McGEe,
Clerk of th
No. 29.
Foreign Office to Colonial Office.
Sir, fcjng Foreign Office, December 8, 1893.
I AM directed by the Earl of Rosebery to acknowledge the receipt of your letter
of the 29th ultimo, forwarding observations by the/- Canadian Government on the
suggestion made by M. Chichkine, that the Regulations laid down by the Behring
Sea Arbitration Tribunal wouldform a good basis'for-an international sealing'arrangement.
In reply to the inquiry contained in the last paragraph of your letter, I am to
state, for the information of the Marquess of Ripon, that the Russian Government
have not made any overtures for an international"arrangement embracing the Russian
seal islands, or for the continuance of the provisional arrangement of last.year for the
protection, of these fisheries.
I am, &c.
(Signed) T. H. SANDERSON.
|Cf    -i"4,*^r :     * _.., rr„„
No. 30.
Mr. Howard to the Earl of Rosebery.;—(Received December 11.)
My Lord, St. Petersburgh, December 7, 1893.
WITH reference to my despatch of the 25th ultimo, I have the honour
to inform your Lordship that when at the Ministry for Foreign Affairs one day last
week I inquired of Count Kapnist whether he had seen my note to M. de Giers of the
13th (25th) November, requesting that Her Majesty's Government might be furnished
with cer-taiar-documentary evidence relative to the seizure of the Canadian sealers by
Russian cruisers last year in the North Pacific. —'
His Excellency replied that the note in question had come under his notice, and
 24
had already been transmitted to the Ministry of Marine, as that Department had
charge of these cases, and the documents, &c, connected with the same.
I have, &c.
(Signed) HENRI HOWARD.
No. 31.
Mr. Howard to the Earl of Rosebery.—(Received December 20.)
(Telegraphic.) St. Petersburgh, December 20, 1893.
IN course of an interview I had with Count Kapnist this afternoon his Excellency
informed me, in the name of the Russian Government, that no precise details as to
the working of our Sealing Arrangement had been received as yet, but that they saw
that some sort of arrangement was necessary. The Russian Government are therefore,
under these circumstances, anxious to know whether Her Majesty's Government would
consent to the continuation of the present arrangement until further notice, especially
seeing that the arrangement in question terminates on the 31st proximo.
I was begged by Count Kapnist to make this inquiry of your Lordship by
telegraph, who said further that this proposed prolongation could be arranged by a
simple exchange of notes. His Excellency added that his Government would send
their note to me at no distant date should Her Majesty's Government agree to this
proposal.
No. 32.
The Earl of Rosebery to Mr. Howard.
(Telegraphic.) Foreign Office. December 21, 1893.
I HAVE received your telegram Of yesterday respecting the Sealing Agreement
between Great Britain and Russia.
Previous to its receipt I was just about to instruct you to ascertain the wishes of
the Russian Government as to the prolongation of the measure.
I authorize you to consent at once to an interchange of notes with the object of
prolonging the arrangement until further notice is given by either party. Such consent
should, however, be conditional on the Russian Government making arrangements with
that of the United States, by which similar restrictions shall be enforced against sealing-
vessels belonging to citizens of the United States.
No. 33.
Mr. Howard to the Earl of Rosebery.—(Received December 24.)
(Telegraphic.) St. Petersburgh, December 24, 1893.
T HAD a conversation on the 22nd December with M. de Giers, who shares the
view expressed in your Lordship's telegram of the 21st instant, that American sealing-
vessels should be subjected to restrictions similar to those enforced against British
vessels under our existing arrangement with Russia.
The prolongation until further notice of the modus vivendi is officially proposed by
the Russian Government in a note which I have received from them this mornino*, of
which a copy goes to your Lordship to-day by post. The Russian Government undertake that they will without delay take all the necessary steps in order to arrive at an
understanding with the United States' Government for the application to American
sealing-vessels of the restrictions in question; and they express the opinion that it
will be sufficient, in order to keep our present arrangement in force, that we on our
part return a simple affirmative reply to their note.
 25
No. 34.
Mr. Howard to the Earl of Rosebery.—(Received December 25.)
My Lord, St. Petersburgh, December 20, 1893.
WITH reference to my telegram of to-day's date, I have the honour to inform
your Lordship that Count Kapnist told me this afternoon that he had been charged
by M. de Giers to make a proposal respecting our sealing arrangements.
The Russian Government had as yet received but imperfect details as to how it
had worked, but they were fully persuaded of the necessity of having some arrangement with us so as to avoid a repetition of the'misunderstandings, &o, which had arisen
before the conclusion of our present one. They knew that England and the United
States of America were negotiating respecting the carrying out of the decisions and
recommendations of the Paris Arbitration Commission, and it was more than probable
that at some date a common Agreement would be come to between England, America,
Russia, and other nations interested in the seal fisheries, but such a common Agreement
would not, of course, be possible within the immediate future, and, in the meantime,
our present arrangement will come to an end on the 31st of this month. In view of
these facts, the Russian Government were anxious to ascertain whether Her Majesty's
Government would be willing to agree to a prolongation of our present arrangement
until further notice (" jusqu'a nouvel ordre "), and they would be greatly obliged if I
would make this inquiry by telegraph.
Count Kapnist said that should. Her Majesty's Government approve this arrangement it could be effected by an exchange of notes, and that in the event of your
Lordship's reply being favourable, the Russian Government were prepared to address
their note to me on this subject at an early date. I replied that I would inform your
Lordship at once, by telegraph, of the proposal in question, but that even if Her
Majesty's Government approved the same I thought that further legislation would be
required which might cause some delay. His Excellency answered that the seal
fishing did not, he thought, commence until April, but that the sooner the Agreement
could he come to the better it would be.
I have, &c.
(Signed) HENRY HOWARD.
No. 35.
Mr. Howard to the Earl of Rosebery.—(Received December 27.)
My Lord, St. Petersburgh, December 24, 1893.
I HAVE the honour to report that I saw M. de Giers the day before yesterday,
and on that occasion communicated to him the substance of your Lordship's telegram
of the 21st instant respecting the prolongation of our present Sealing Arrangement.
His Excellency stated that he shared your Lordship's views as to the arrangement
being made to apply to American vessels, and added that he would return a reply to
my communication as soon as possible.
This morning I have received a note from the Russian Government, of which I
inclose a copy, officially proposing the prolongation of the present modus vivendi until \
further notice. Your Lordship will perceive that the Russian Government deem that
a simple affirmative reply to their note Avill suffice to keep the present arrangement in
force, and that they undertake to take all the necessary steps without delay to conclude an arrangement with the Government of the United States of America, bv which
restrictive measures, similar to those agreed upon with Her Majesty's Government,
shall be applied to American vessels.
I saw Count Kapnist this morning, and he told me that as soon as the United
States' Minister, who is away for the Christmas holidays in Germany, returned to
St. Petersburgh, the Russian Government would commence to negotiate with him on
the subject. He added that in their above-named note to me the Russian Government
had used the term " fur-seal," as he had seen that it had been employed by the Paris
Tribunal of Arbitration.
I have, &c.
(Signed) HENRY HOWARD.
[3661 E
 26
Inclosure in No. 35.
M. de Giers to Mr. Howard.
M. le Charge d'Affaires, Le 11 Decembre, 1893.
NOS arrangements relativement a. la peche des phoques a fourrure expirant le
ler Janvier prochain de l'annee 1894, le Gouvernement Imperial se propose de les
renouveler, avec le consentement du Gouvernement de Sa Majeste Britannique, jusqu'a
nouvel ordre.
Les arrangements en question se trouvent consignes dans la note qui vous a ete
adressee par le Ministere Imperial en date du 10 (22} Mai de l'annee 1893, et dont son
Ipeellence Sir Robert Morier a bien voulu prendre acte par sa note du 18 (30) du
meme mois. II nous semblerait suffisant d'une simple reponse affirmative a la presento
communication pour les considerer comme restant en vigueur.
Je m'empresse d'ajouter qu'en renouvelant les arrangements susmentionnes le
Gouvernement Imperial s'engage a faire sans delai toutes les demarches necessaires
aupres du Gouvernement des Etats-Unis dAmerique pour que des mesures restric-
tives semblables a celles qui sont convenues avec le Gouvernement de Sa Majestb
Britannique quant a la peche des phoques a fourrure soient appliquees aux navires
Americains.
En vous priant, M. le Charge- d'Affaires, de porter ce qui precede a la con-
naissance de votre Gouvernement, et de vouloir bien me faire part de sa reponse, je
profite, &c.
(Sign<§) GIERS.
No. 36.
Colonial Office to Foreign Officei^L(Received December 30.) I
Sir, Downing Street, December 29, 1893.
I AM directed by the Secretary of State for the Colonies to transmit to you, for
the information of the Earl of Rosebery, copies of telegrams from the Marquess of
Ripon to the Governor-General of —Canada on the subjeet-of the Russian Sealing
Agreement.
I am, &c.
(Signed) R. H. MEADE.
Inclosure 1 injNo. 36.
The Marquess of Ripon to the Earl of Aberdeen.
(Telegraphic.) Downing Street, December 26,:d893, 4"50 p.m.
RUSSIAN Government applied for renewal of modus vivendi until further notice.
Her Majesty's Government have agreed on the understanding that United States'
vessels subject to similar restrictions.
Inclosure 2 in No. 36.
The Marque&fr'of Ripon to the Earl of Aberdeen.
(Telegraphic.) Downing Street, December 27, 1893, 1*15 p.m.
REFERRING* to my telegram of the 26th December, Russian Government will
take steps for making similar arrangements with United States.
(bansiBi
 27
No. 37.
Foreign Office to Colonial Office. *
Sir, Foreign Office, December 30,1893.
WITH reference to the prolongation of the arrangement with Russia for the protection of fur-seals, I am directed by the Earl of Rosebery to transmit a copy of a
despatch which has been received from Her Majesty's Charge d'Affaires at St.
Petersburgh, inclosing a formal proposal from the Russian Government that the
arrangement in question, which expires on the 1st January next, should be prolonged
until further notice.
I am to inclose a draft of the note which it is proposed to instruct Mr. Howard to
address to the Russian Government in reply, and I am to inquire whether the Marquess
of Ripon concurs in its terms.
As soon as the exchange of notes is completed steps should be taken for the issue
of a fresh Order in Council-to enforce the arrangement.
I am, &c.
"(SigneaT" T. H. SANDERSONT
Inclosure in No. 37.
Draft Reply to Russian Government.
M. le Ministre,
I HAVE referred to Her Majesty's Government the note which your Excellency
did me the honour to address to me on the 11th December last, stating'that, as the
arrangement entered into between Her Majesty's Government and the Imperial
Government in May 1893 for the regulation of the seal fishery in the neighbourhood
of the Russian coasts and islands expires on the 1st January, your Government are
anxious that it should be renewed until further notice. You were good enough at the
same time to assure me that the Imperial Government would take, without delay,
the necessary steps to enter into a similar Agreement with the Government of the
United States.
I am now instructed by Her Majesty's Government to state that they agree to the
prolongation of the arrangement on the understanding that the Imperial Government
obtain the consent of the Government of the United States to the application of similar
restrictions to the sealing-vessels of the latter country.
No. 38.
Colonial Office to Foreign Office.—(Received January 3.)
Sir. Downing Street, January 2,1894.
I AM directed by the Marquess of Ripon to acknowledge the receipt of your
letter of the 30th ultimo, inclosing copy of a despatch from Her Majesty's Charge"
d'Affaires at St. Petersburgh, forwarding a formal proposal from the Russian Government that the arrangement for the protection of the fur-seals in the North Pacific,
which has now expired, should be renewed until further notice, together with draft of
the reply which Lord Rosebery proposes to return to the proposal.
I am to acquaint you, in reply, for Lord Rosebery's information, that Lord Ripon
concurs in the draft.
I am, &c.
(Signed) JOHN BRAMSTON.
3661 E 3
 IT
Mi
28
No. 39.
The Earl of Rosebery to Mr, Howard.
Sir, Foreign Office, January 3, 1894.
I HAVE considered, in consultation with Her Majesty's Secretary of State for
the Colonies, your despatch of the 24th ultimo, inclosing a note from the Russian
Government, formally proposing that the arrangement between this country and Russia
for the protection of fur-seals in the North Pacific, which expired on the 1st instant,
should be prolonged until further notice.
I now inclose a draft of a note which you are authorized to address to the Russian
Government, accepting their proposal on certain conditions.
As soon as this exchange of notes has been effected, steps will be taken for the
issue of a fresh Order in Council to enforce the arrangement.
I am, &c.
(Signed) ROSEBERY.
No. 40.
Colonial Office to Foreign Office.—(Received January 8.)
Sir, Downing Street, January 8, 1894.
I AM directed by the Secretary of State for the Colonies to transmit to you,
for the information of the Earl of Rosebery, a copy of a telegram which has been
sent to the Governor-General of Canada, desiring him to make public the fact that
the Sealing Agreement with Russia is about to be renewed.
I am, &c.
(Signed) R. H. MEADE.
Inclosure in No. 40.
The Marquess of Ripon to the Earl of Aberdeen.
(Telegraphic.) Downing Street, January 6, 1894, 4 p.m.
DESIRABLE that you should at once give publicity to fact that Agreement with
Russia is about to be renewed until further notice, on the understanding referred to in
my telegram of the 26th December.
No. 41.
The Earl of Rosebery to Mr. Howard.
(Telegraphic.) Foreign Office, January 9, 1894.
MA.KE the following addition to your note to the Russian Government respecting
the Sealing Agreement:—
" Her Majesty's Government will accordingly take the necessary measures for
carrving this arrangement into effect."
Above addition will make the matter quite clear, and show that it is not necessary
that the Russian Government should send a reply.
 29
No. 42.
Mr. Howard to the Earl of Rosebery.—(Received January 15.)
My Lord, St. Petersburgh, January 10, 1894.
WITH reference to your Lordship's despatch of the 3rd instant, I have the
honour to inclose herewith a copy of the note which, in obedience to your Lordship's
instructions, I addressed to-day to the Imperial Government on the subject of the
prolongation of the arrangement between Great Britain and Russia for the protection
of fur-seals in the North Pacific.
I have, &c.
(Signed) HENRY HOWARD.
Jmclosure in No. 42.
Mr. Howard to M. de Giers.
M. le Ministre, St. Petersburgh, December 29, 1S93 (January 10, 1S94).
I HAVE referred to Her Majesty's Government theonote which your Excellency
did me the honour to address to me on the 11th ^23rd) December last, stating that, as
the arrangement entered into between Her Majesty's Government and the Imperial
Government in May 1893 for the regulation of the seal fishery in the neighbourhood
of the Russian coasts and islands expires on the 1st January, your Government are
anxious that it should be renewed until further notice.
You were good enough, at the same time, to inform me that the Imperial Government would take, without delay, the necessary steps to enter into a similar Agreement
with the Government of the United States.
I am now instructed by Her Majesty's Government to state that they agree to
the prolongation of the arrangement, on the understanding that the Imperial Government obtain the consent of the Government of the United States to the application of
similar restrictions to the sealing-vessels of that Republic. Her Majesty's Government will accordingly take the necessary measures for carrying this arrangement into
effect.
I avail, &c.
(Signed) HENRY HOWARD.
No. 43.
Mr. Howard to the Earl of Rosebery.—(Received January 22.)
My Lord, St. Petersburgh, January 11, 1894.
WITH reference to my despatch of the 10th instant, inclosing a copy of
the note which I addressed to M. de Giers on the subject of the prolongation until
further notice of our arrangement with Russia for the protection of fur-seals' in the
North Pacific, I have the honour to report that Count Kapnist, who had read my note,
told me yesterday afternoon that the Imperial Government had already commenced
negotiations through the American Minister at this Court for a similar Agreement
with the Government of the United States.
His Excellency seemed to think that there would be no great difficulty in
obtaining the consent of the United States' Government to the arrangement in
question.
I have, &c.
(Signed) HENRY HOWARD.
 30
No. 44.
Extract from the " London Gazette " of January 30, 1894.
Order in Council.
"Seal Fishery (North Pacific)  Order in Council,„1894."
Osborne House. Isle of Wight, January 29,1894.
At the Court at Osborne House, Isle of Wight, the 29th day of January, 1894.
Present:
The Queen's Most Excellent Majesty.
Lord Steward.
Sir William Vernon Harcourt.
Sir Henry Ponsonby.
Sir John Cowell.
Sir Philip Currie.
WHEREAS by " The Seal Fishery (North Pacific) Act, 1893," it is enacted that
Her Majesty the Queen may, by Order in Council, prohibit during the period specified
by the Order the catching of seals by British ships in such parts of the seas to which
that Act applies as are specified by the Order; and that, for carrying into effect an
arrangement with any foreign State, an Order in Council may provide that such
officers of that State as are specified in the Order may exercise the like powers under
the Act as may be exercised by a commissioned officer on full pay in the Naval
Service of Her Majesty in relation to a British ship, and the equipment and crew and
certificate thereof; and that any such Order may contain any limitations, conditions,
qualifications, and exceptions which appear to Her Majesty in Council expedient for
carrying into effect the object of the said Act:
And whereas the said Act applies to the seas within that part of the Pacific Ocean
known as Behring Sea, and within such other parts of the North Pacific Ocean as are
north of the 42nd parallel of north latitude :
And whereas an arrangement has been made between Her Majesty the Queen and
His Imperial Majesty the Emperor of Russia, whereby British ships engaged in
hunting seals within such parts of the said seas as are hereinafter specified may be
seized by Russian cruisers :
And whereas an Order in Council, intituled I The Seal Fishery (North Pacific)
Order in Council, 1893," was issued on the 4th day of July, 1893, prohibiting the
catching of seals by British ships within the zones as therein defined until the 1st day
of January, 1894:
Now, therefore, Her Majesty, in virtue of the powers vested in her by the said
recited Act, and of all other powers enabling her in that behalf, is hereby pleased,
by and with the advice of her Privy Council, to order, and it is hereby ordered, as
follows :—
1. From and after the date of the present Order until Her Majesty in Council
shall otherwise direct, the catching of seals by British ships is hereby prohibited
within such parts of the seas to which the recited Act applies as are comprised within
the following zones, that, ^ to say :—
(L.) A zone of 10 marine miles on all the Russian coasts of Behring Sea and the
North Pacific Ocean; and
(2.) A zone of 30 marine miles round the Komandorsky Islands and Tulenew
(Robben Island).
2. The powers which, under the jcfi.ci±e.d Act^jnay be exerciser] by any commis=_
sioned officer on full pay in the Naval Service of H er Majesty may be exercised bv
thg Captain or other officer in command of any war-vessel of His Imperial Majesty
the Emperor of Russia in relation to a British ship, and the equipment and crew and
certificate thereof.
 31
3. This Order may be cited as  "The Seal- Fishery (North Pacific)  Order in
Council, 1894."
(Signed) C. L. PEEL.
No. 45.
Mr. Howard to the Earl of Rosebery.—(Received February 19.)
My Lord, St. Petersburgh, February 14, 1894.
WHEN at the Ministry of Foreign Affairs this afternoon I asked Count Kapnist
whethertheUnited States'-Government-had^repTiedr*to the nrvitatioii'Of'MTde GiefsHEo"
join our Sealing Agreement. His Excellency-answered that the Imperial Government
had received a telegram from the Russian i&inister at Washington, stating that
Mr. White's despatch on this subject had not yet reached the State Department, but
that he did not think that the United States' Government would make much difficulty
about consenting to a^similar Agreement.
(Signed) HENRY HOWARD.
No. 46.
Colonial Office to Foreign Office.—(Received March 1.)
Sir, **& DowWhg Street, February 28, 1894.
I AM directed by the Secretary of State for the Colonies to transmit to you, for
the information of the Earl of Rosebery, with reference to the letter from this Department of the 29th December last, copies of a despatch from the Governor-General of
Canada, dated the 31st ultimo, on the Subject o^fhfe^nWal Of the Se&Mng Agreement
with Russia.
I am, &c.
(Signed) R. H. MEADE.
Inclosure .1 in No. 46.
The Earl of Aberdeen to the Marquess of Ripoi
My Lord, Government House, Ottawa, January 31, 1894.
WITH reference to your Lordship's telegraphic messages of the 26th and
27th December last in regard to the renewal of the Agreement with Russia for the
protection of seals, I have the honour to forward herewith eopy of an approved
Minute of the Privy Council, representing that steps have been taken to notify to the
British Columbian sealers that the Agreement will probably be renewed for another
year.
| have, &c;
(Signed) ABERDEEN.
Inclosure 2 in No. 46.
Report of a Committee of the Honourable the Privy Council^ approved by the Governor-
Genera4-in Council on the 2§th January^~r8^4.	
THE Committee of the Privy Council have had under consideration two
telegraphic despatches, dated respectively the 26th and 27th December, 1893, from
the Marquess of Ripon, the former of which announces that the Russian Government
having applied for a renewal of the Agreement for the protection of seals of 1893 until
further notice, Her Majesty's Government have agreed, on the understanding that
United States' vessels would be subject to similar restriction^; and the latter despatch
si&tes that the 'Russian Government willitake steps for making similar arrangements'
with the Government of the United StaJtes. i!
 32
The Minister of Marine and Fisheries, to whom the telegrams were referred,
states that, immediately upon their receipt, he caused telegraphic instructions to be
sent to the Collectors of Customs at Victoria and Vancouver, directing them to notify
sealers that the Agreement with Russia would probably be renewed for.another, year,„.
The Committee advise that your Excellency be moved to forward a certified copy
of this Minute, if approved, to the Right Honourable the Principal Secretary of State
for the Colonies, for the information of Her Majesty's Government.
All of which is respectfully submitted for vour Excellency's approval.
(Signed) JOHN J. McGEE,
!-;jw Clerk of the Privy Council.
No. 47.
The Earl of Rosebery to Mr. Fraser.
(Telegraphic.) Foreign Office, March 3, 1S94.
I SENT you on the  9th ultimo  an Order in   Council prolonging the Sealing
Arrangement with Russia.
>^  You should issue warnings as was done last year.
No. 48.
Foreign Office to Admiralty.
Sir, Foreign Office, March 3, 1894.
WITH reference to the despatch from Her Majesty's Charge d'Affaires at
St. Petersburgh, which has been communicated to you, on the subject of the renewal
until further notice of the arrangement with Russia for the protection of fur-seals in
the North Pacific, I am directed by the Earl of Rosebery to transmit herewith,
for the information of the Lords Commissioners of the Admiralty, copies of an
Order in Council passed on the 29th January last for the purpose of giving effect
to that arrangement.
Copies of this Order have been forwarded to Her Majesty's Minister at T6ki6, and
should he in his hands in the course of a few davs.
He has been instructed by telegraph to issue warnings to the British sealers who
may shortly be expected to appear in Japanese waters of the prolongation of the
arrangement with Russia, and of the restrictions imposed by it.
It is desirable that the same system of co-operation on the part of Her Majesty's
cruisers with the vessels of the Imperial Russian navy as that in force last year for the
policing of the waters affected by the Agreement, and for seizing and dealing with
sealers infringing it, should again be put in force. That system has, so far as Lord
Rosebery is aware, worked satisfactorily, and he would suggest that the instructions to
naval officers which accompanied the letter from this Department of the 30th June
last should again be issued.
His Lordship would further suggest, for the consideration of their Lordships, that
it might be advisable, in view of the near approach of the sealing season, to instruct
the naval authorities in those waters by telegraph to take steps for warning intending
sealers.
I am, &c.
(Signed) H. PERCY ANDERSON.
No. 49.
The Earl of Rosebery to Mr. Howard.
Sir, Foreign Office, March 6, 1894.
WITH reference to your despatch of the 10th January in regard to the
prolongation of the Sealing Arrangement with Russia, I transmit herewith copies of
an Order in Council passed on the 29th January last for giving effect to that
 33
arrangement, and of a letter to the Lords Commissioners of the Admiralty,* suggesting
that similar steps should be taken to those adopted last year for insuring the
co-operation of British cruisers with the vessels of the Imperial navy employed on
this service.
Copies of the Order have been also sent to Her Majesty's Minister in Japan, and
instructions have been given to him by telegraph to issue the necessary warning to
British sealers.
You should communicate the Order in Council to the Russian Government.
I am, &c.
(Signed) ROSEBERY.
No. 50.
Colonial Office to Foreign Office.—(Received March 7.)
Sir, Downing Street, March 6, 1894.
WITH reference to the letter from this Department of the 8th January respecting
the arrangement with Russia in regard to the seal fishery in the North Pacific, I am
directed by the Marquess of Ripon to transmit to you, for the information of the
Earl of Rosebery, a copy of a despatch and its inclosure from the Governor-General
of Canada, reporting the steps taken to give publicity to the renewal of this arrangement.
Lord Ripon presumes that Her Majesty's Minister in Japan has been instructed
to take the necessary steps for acquainting sealing-vessels using Japanese ports that
the arrangement in question has been renewed.
I am, &c.
(Signed) JOHN BRAMSTON.
Inclosure 1 in No. 50.
The Earl of Aberdeen to the Marquess of Ripon.
My Lord, Government House, Ottawa, February 13,1894.
WITH reference to your Lordship's telegraphic message of the 6th ultimo,
requesting that publicity might be given to the intention of Her Majesty's Government to renew the Agreement as regards sealing in the North Pacific Ocean with
O CD £J
Russia, I have the honour to inclose copy of an approved Minute of the Privy Council,
which I have this day received, indicating the measures which have been taken to
comply with your Lordship's request.
Your Lordship will observe that attention is directed also to the Minute of Council
which accompanied my despatch of the 31st ultimo with reference to the steps
previously taken with the same object.
I have, &c.
(Signed) ABERDEEN.
Inclosure 2 in No. 50.
Report of a Committee of the Honourable the Privy Council, approved by the Governor-
General in Council on the 8th February, 1»94.
THE Committee of the Privy Council have had under consideration a cable
despatch, dated the 6th January, 1894, from the Marquess of Ripon, stating "that it is
desirable that publicity should be given to the fact that the Agreement with Russia,
providing a 30-mile protective zone around the Russian seal islands, and 10 miles of
Russian coasts, was about to be renewed until further notice, on the understanding
that a similar arrangement was to be applicable to vessels of the United States of
America.
The Minister of Marine and Fisheries, to whom the despatch was referred, desires
attention to his Report on the Privy Council References 2238 H and 2239 H, being
* No. 48.
[366j F
 34j8
despatches dated the 2Gth and 27th December, 1893, respectively, from the Marquess
of Ripon, and approved by your Excellency under date the 29th January, 1894, in
w^chj^e actwn^gk^ by him (th&^pister'qf Marine aqAFisheries) is explained.
n The Minister" stales that, from the'above-mentioned Report, it will be observed
that the Collector of Customs at Victoria and Vancouver had been instructed to
notify' sealers/that it was likely the Agreement, with Russia would be renewed another
year.e
The.j.Mjhiister further states that, on the receipt of the despatch at present under
consideration, he .caused the following further telegraphic despatch to be sent to the
Collectqrrof. Customs at those^ports :—
"The Governor-General has received official information to the effect that the
British~-GoverimrentHhtts~agreed~w^ of Russia for-the renewal of
the modus vivendi in the matter of the Behring Sea seal fisheries until further notice,
on the understanding that vessels of the -Unitell States are subject to similar restrictions."
The Minister further reports that he has caused the following Notice to be
prepared, which will appear in the next issue of the § Canada Gazette: "—
jfeeafj^AorraiNL ^mtS& gj
" Notice to Sealers.
^^Public0 notice is hereby given, that Her Britannic Majesty's Government have
arranged with the Imperial Russian Government for a renewal, until fxlrrflier notice,
of the Provisional Agreement of 1893, providing a protective zone of 30 miles around
the Komandorsky Islands, in the Ko'rth Pacific Ocean, and Tulenew^lsland, or Robben
Reef, ihTri'e Okhotsk Sea ; also a protective zone of 10 miles along the shores of the
Russian mainland.
" All sealers iound within these limits are liable to seizure by Her Majesty's ships
or those of the Imperial Russian Goveffiment."
The Committee recommend. that your Excellency be moved to forward a certified
copy of this Minute, if approved, to the Right Honourable the Principal Secretary of
State for the Colonies, for the information of Her M&festy's Government.
All of which is respectfully submitted for your Excellency's approval.
(Signed) JOHN ^McGEE,
Clerk of the Privy Council.
&mm ;«8pJv.v.-.:s<aTU'. .;:*;:-■-..-- v.-.
No. 51,
Foreign Office to Colonial Office.
.r
SinjforinoO • Foreign Office, March 10, 'L%4.
I LAID before the Earl of Rosebery your letter of the 6th instant, inclosi^ OQ'pM
of a despatch from the Governor-General of Canada, reporting the st^siI'feij(^-n^|gjjg|-\Q.j
publicity to the rejp&wavi)f the arrangement with Russia in regard to the seal'fisherv"
in the NorthiPacific.
In reply to the inquiry contained in the last paragraph of your letter, I am
directed by his Lordship to state that the Order in Council for giving effect to this
arrangement was forwarded to He§g3^j^.sj^^ j^ajg^er in Japan by the mail of the
9th February, and that he was instructed by telegraph to issue the necessary warning
to British sealers in tljo^Wvaters.
1 am, &c.
(Signed) FRANCIS BERTIE.
No. 52. ■
Mr. Howard to the Earl of Kimberley.—(Received- March 18.)
My Lord, St. Petersburgh, March 14, 1894.
I HAVE the honour to transmit herewith to your Lordship a copy of a note
which I addressed to'- M. de Giers in accordance with the instructions contained- in
Lord Rosebery's despatch of the 6th instant, forwarding to his Excellency a copy
 35
of the Order in iC-ounciLrespecting the prolongation bf^the-Sealing Arrangement -with
Russia.
I have, &c.
(Signed) ■        :HENRY HOWARD.
Inclosure in No. 52.
:   ".'"'■...••      -.-■-  .-■ '■'.'■''. ■-'■'-■ ■-:■'■: <-:-'-...---■- -■•;-"   --<-■-- ■  r-'- -.-- — - .,    ■- .-        rcwoliti
.  Mr. Howard to M. de Giers.
M. lc Ministr'e, £# Petersburgh; February 28 (March 12), 1894.
WITH^Bfergfice to the note which I had- the honour to address to your Excellency on the 29th December (10th January) last regarding the prolongation of the
Sealing Agreement concluded for the vear 1893 between our two Governments. I have
been instructed by "Her Majesty's Principal 4Se?retary of ^tate for Foreign Affairs to
forward to your Excellency the inclosed copyh&f/an Order "in Council;' passed "bn the
18th (30th) January, by which? "that"arrangbmeu Lis:- carried7ihtb. effect.' ■
Her Majesty's Government have 'suggested to the Lords of the Admiralty that
similar steps'1 's'hbuld'-he'taken to those adopted last year for insuring the co-operation
of British cruisers with the vessels of the Imperial navy employed on this serviee; and
"' instructions have been 'given "by telegraph to Her Majesty's Minister in Japan to issue
the necessary warning to British sealers^
I avail, &c.
, (Signed) HENRY HOWARD.
No. m
swfi&t ^IjseB^nl^lo r di*r fens; r       asf bfhnfenoa
s.s&olo7iial Office to Foreign Office. ~(Re§gj,ped>l$§g Li.)
1 ^.;:.riccrnoO QrJu hoison sbliin LooiJ.tr.s_" OS       aaos M mdib?r 8jbrijysNv<-%lS--itAsioO^^fitioifi^
Sir, DowJtetfig Strset, May 10, 1S9&I
WITH reference to pre^Qus-fi$)frespondence, I am directed by the Marquess of
Ripon to trafilbiii'ff teJL$ji&Tf$r the if$@j*matioii of the Earl of Kimberley, a copy of a
despatch and its inclosures from the Governor-General of Canada, showing the steps
taken by the Dominion "Government to give publicity 'to "the Agreement with Russia
as to the seal fishery with the No^h<P^cJ.ficfPm
I am, &c.
(Signed).. JOILN BRAMPTON.
':\ r- vm-u
.w      ' ofitofi'T:dhoVL odi haa «s8
Inclosure 1 in No. 53.
o   niifl* $&bpb ins^^ m s-KTO.ri? him fjg&fo fLioi#.;|p.-8.    mq&& &Q%
The Eari'-of Aicfrdeen to the"Marqu'ess of Ripon.
My Lord, Government HoumjOttawa, April 24, 1894>I.>
WITH reference to your Lordship'sidespatch of the 2$th March, transmitting a
copy-'-ef an Order of Her Majesty's Council-of. the 291 h January last for extenditlg
the Provisional Agreement entered into withj.<iR#issia in 1893 in regard to seaji-0@rin
the Nor%h Pacific Ocean, I have the honour .to fbrwanidi herewith) copy of -an app&rirol
Minute of my Privy X^ta&Ltsi04 indicating the steps taken by tlifq-G^jTOment to give
due publicity to tlse-irenfetwal of the Agreement.
5-Irliaye, &c.
(Sighed) n A13ER DEEN. •
iq 3 \bmfal (m&doSL)
Inclosure 2 in No. 53.
"■   ' --- hsih   J    '::\f%-   :   .-■
'Report of a Committee of the Honourable the Piivj/ Council, appro liedrby the. G&cerlior-
General in Council on the '.6th April, '$&&Z'J
THE Committee of the Privy Council have had under Consideration a 'despatch,
hereto attached, dated the 20th March', 189i, from the Colonial Office, transmitting a
copy of aft'Order in Council of the; 29th'-"January-, 18$4, respecting the seal, fisher v in
[866] F 2     '
 36
1 the North Pacific Ocean, extending the Provisional Agreement entered into with Russia
in 1893, providing protective zones of 30 and 10 miles respectively around the Russian
seal islands and along the Russian coasts.
The Minister of Marine and Fisheries, to whom the despatch was referred, states
that, upon the receipt of the announcement that an Agreement had been reached for
a renewal of the arrangement of 1893, the Collector of Customs at Victoria was, on
the 7th January, 1894, notified of the fact. He replied that he had promulgated the
information in every possible way, but that twenty-nine vessels had already sailed for
Japan.
The Minister recommends that, although steps were taken at the time to notify
the sealers that the arrangement had been reached, a copy of the present Order in
Council formally affecting the Agreement be communicated to the Secretary of State
for Canada, for early publication in the " Canada Gazette."
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that a certified copy of this Minute, if approved, be forwarded to the Right
Honourable the Principal Secretary of State for the Colonies.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
No. 54.
Sir J. Pauncefote to the Earl of Kimberley.—(Received June 14.)
My Lord, Washington, June 4, 1894.
I HAVE the honour to inclose a copy of the modus vivendi which has been
concluded between the United States and Russia, for the protection of fur-seals, with a
zone of 10 nautical miles along the Russian coasts of Behring Sea and of the North
Pacific Ocean, as well as within a zone of 30 nautical miles round the Commander
Islands and Robben Island.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
Inclosure in No. 54.
Agreement between the Government of the United States and the Imperial Government of Russia for a modus vivendi in relation to the Fur-seal Fisheries in Behring
Sea and the North Pacific Ocean.
FOR the purpose of avoiding difficulties and disputes in regard to the taking of
fur-seal in the waters of Behring Sea and the North Pacific Ocean, and to aid in the
preservation of seal life, the Government of the United States and the Imperial
Government of Russia have entered into the foUowing temporary Agreement, with the
understanding that it is not to create a precedent for the future, and that the
Contracting Parties mutually reserve entire liberty to make choice hereafter of such
measures as may be deemed best adapted for the protection of the fur-seal species,
whether by means of prohibitive zones, or by the complete prohibition of pelagic
sealing, or by appropriate regulation of seal-hunting in the high seas:—
1. The Government of the United States will prohibit citizens of the United
States from hunting fur-seal within a zone of 10 nautical miles along the Russian
coasts of Behring Sea and of the North Pacific Ocean, as well as within a zone of
30 nautical miles around the Komandorsky (Commander) Islands, and Tulienew
(Robben) Island, and will promptly use its best efforts to insure the observance of this
prohibition by citizens and vessels of the United States.
2. Vessels of the United States engaged in hunting fur-seal in the above-
mentioned zones outside of the territorial waters of Russia may be seized and detained
by the naval or other duly commissioned officers of Russia; but they shall be handed
over as soon as practicable to the naval or other commissioned officers of the United
States, or to the nearest authorities thereof. In case of impediment or difficultv in so
doing, the Commander of the Russian cruiser may confine his action to seizing the
ship's papers of  the offending vessels in order to deliver them to a naval or other
 37
commissioned officer of the United States, or to communicate them to the nearest
authorities of the United States as soon as possible.
3. The Government of the United States agrees to cause to be tried by the
ordinary Courts, with all due guarantees of defence, such vessels of the United States
as may be seized, or the ship's papers of which may be taken, as herein prescribed, by
reason of their engaging in the hunting of fur-seal within the prohibited zones outside
of the territorial waters of Russia aforesaid.
4. The Imperial Russian Government wiU limit to 30,000 head the number of fur-
seal to be taken during the year 189-1 on the coasts of the Komandorsky (Commander)
and Tulenew (Robben) Islands.
5. The present Agreement shall have no retroactive force as regards the seizure of
any seal-hunting vessel of the United States by the naval or other commissioned
officers of Russia prior to the conclusion hereof.
6. The present Agreement, being intended to serve the purpose of a mere
provisional expedient to meet existing circumstances, may be terminated at will by
cither party upon giving notice to the other.
In witness whereof, we, Walter Q. Gresham, Secretary of State of the United States,
and Prince Gregoire Cantacuzene, Envoy Extraordinary and Minister Plenipotentiary of
His Majesty the Emperor of All the Russias, have, on behalf of our respective Governments, signed and sealed this Agreement in duplicate, and in the English and French
languages, in the city of Washington, this 22nd April (4th May), 1894.
(Signed) WALTER Q. GRESHAM. (Seal.)
PRINCE CANTACUZENE.        (Seal.)
No. 55.
Colonial Office to Foreign Office.—(Received June 10.)
Sir, Downing Street, June 15, 1894.
I AM directed by the Secretary of State for the Colonies to transmit to you, for
the information of the Earl of Kimberley, with reference to the letter from this
Department of the 10th ultimo, copy of a despatch from the Earl of Aberdeen to the
Marquess of Ripon, with inclosures, on the subject of the Sealing Agreement with
Russia.
I am, &c.
(Signed) R. H. MEADE.
Inclosure 1 in No. 55.
The Earl of Aberdeen to the Marquess of Ripon.
My Lord, Government House, Ottawa, May 19, ]894.
I HAVE the honour to forward herewith copy of an approved Minute of the
Privy Council, submitting correspondence showing the steps taken by the Collector of
Customs at Victoria to make known to the sealers the renewal of the Agreement
between Her Majesty's Government and Russia providing for protective zones around
the Russian seal islands and along the Russian coasts in the North Pacific Ocean.
1 have, &c.
(Sigded) ABERDEEN.
Inclosure 2 in No. 55.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by
the Governor-General in Council on the 15th May, 1894.
ON a Report, dated the 9th May, 1894, from the Minister of Marine and
Fisheries, submitting, in reference to the approved Minutes of Council of the
29th January, 8tb February, and 16th April, 1894, advising Her Majesty's Government of the steps which had been taken by your Excellency's Government for the
promulgation of the renewal of the Provisional Agreement entered into with Russia
 •38
*Ik»^pro-t8stive zones around the Russian seal islands and along the Russian coasts, in
the North Pacific Ocean and Okhotsk Sea, the appended letter from the Collector of
Customs,at Victoria, explaining the method adopted by him to effect the warning, and
inclo&ng letters from Her Majesty's Consuls at "Yokohama and Hakodate (also
appended) acknowledging the receipts of notices to the sealers, and promising delivery
thereof t&$ie masters of vessels calling at their port as occasion offered.
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Excellency be movedj?to forward a certified copy of this Minute, if
approved, together with its appendices, to the Right Honourable the Principal
Secretary of State for the Colonies.
AU which is respectfully submitted for your ExceUency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
Sir, Customs, Victoria, Canada, April 26, 1894.
I have the honour to acknowledge the receipt of your letter, dated the
12th instant, referring to the telegram of the Honourable the Minister of Marine and
Fisheries, dated the 7th January last, informing me that Her Majesty's Government
had agreed with the Russian Government for a renewal of the Provisional Agreement
c#Fl893, to which I replied to the Honourable the Minister of Marine and Fisheries
that his telegram was promulgated in. every possible way.
I beg to state that, in addition to the notification given to all the masters of
sealing-vessels at that time in port, as well as to all the resident owners, copies in
•sealed envelopes-were sent-to the British-Consul&--at-Y-okohama~and Hakodate; Japan,
the two ports frequented by sealing-vessels while in Japanese waters. The letters
acknowledging the receipt of those notices are herewith inclosed, for your information
I do not think that any further steps are necessary for the promulgation of the.
same, as you can assure tfie Minister that all the sealing fleet "which sailed from this
port fully and perfectly understood the terms of the renewal of the Agreement
providing protective zones around the Russian seal islands and along the Russian
coast,   oj    nact&i
I have, &c.
(Signed^ A. R. MILNE, Collector*.1
tWm. Smith, Esq.,
Deputy Minister of Marine and Fisheries,
•o^:-   Ottawa.
adonis .h .&       (bon^a^.	
Sir, British Consulate, Yokohama, February 6, 1894.
I have the honour to acknowledge receipt of your letter of the ]7th ultimo,
transmitting thirty-four notices to Canadian sealing-vessels concerning the re-establishment of the Agreement of last year between the British; andV Russian Governments
respecting the protection of seals within certain prohibited zones around the Russian
coasts. ifcug
roX,shall cause these copies to be delivered to the masters of the schooners named
as they arrive in this port.
E9M! WsAlwS -*■ am> *c-
(Signed) JAMES TROUP, Consul.
A. BLMilne, Esq.,,j0.rc/ ^:
'^Collector of Customs,
-f^wa u^ejtQria, British Columbia.
Sir, j       . British Consulate, Hakodate, February 12, 1894.
I have the honour to acknowledge the receipt, through Her Majesty's Consul
at Yokohama, of your letter of the 17th ultimo, Avith its thirty-four envelopes to be
'.aelivered to the Canadian sealing-schooners that may arrive here.
It will give me much pleasure to carry out your wishes in respect to this matter.
-.,-   „ I have, &c.
}Jf i    £Srt-#:: (Signed) J. C. HALL, Consul.
A. R. Milne^jBsq1.; ^ Eg*
"'''Collector of Customs,
Victoria, British Columbia. rJM
 3<j&c
No. 5b'.'
Mr. Howard to the Earl of Kimberley.—(Received July 23.)
My Lord. St Petersburgh, July 19, 1894.
WITH reference to my despatch of the 7th December last respecting the
request made to M. de Giers that Her Majesty's Government might be furnished
with certain documentary evidence relative to the seizure of Canadian sealers in 1892,
I have the honour to inform your Lordship that last week I again asked Count
Kapnist whether the Minister of Marine, to whom the request had been referred, had
come to any decision in the matter.
His Excellency's reply wa^tifa't; Admiral Tchikhatchow had not yet sent an
answer to the communication from the Ministry of Foreign Affairs on this subject, but
that the latter would write tojhim.again..._       \^f\«
I have, &c.
(Signed) HENRY HOWARD.
No. 57.
The Earl of Kimberley to Sir F. Lascelles.
Sir, Foreign Office, Au'gjist 1, 1894.
I HAVE received Mr. Howard's despatch of the 19th July, reporting that
no reply had been received from the Russian Government to the application 6f'-*Her
Majesty's Government to be furnished with certain documentary evidence in connection withjthe seizure of Canadian sealers in 1892s1   ^
I have to request your Excellency to give this matter your early attention,
I am, &c.
(Signed) KIMBERLEY.
No. 58.
Sir F. Lascelles to the Earl of Kimberley.—(Received Auojist 20.)
My Lord, St. Petersburgh, August 14, 1894.
IN an interview which I had with Count Kapnist yesterday, I observed to his
Excellency that no answer had yet been returned to the note w^ifen^Mr. Howard had
addressed to M. de Giers on the 13th (25th) November last on Ihe subject of the.
application of Her Majesty's Government to be furnished with certain documentary1
evidence in connection with the seizure of Canadian sealers in 1892.    I added fzhat
Mr. Howard had, in the month of December last, brought the matter to the notice of
his Excellency,-who had replied that''the case had been referred to the Minister of
Marine.     I had now l)een instructed to bring the'matter again before the Rftsslah1'
Government, in the hope thai the documentary evidence might shortly be forthcoming.
I added that Her Majesty's Government had applied for further information from the
Canadian Government hi order to arrive at a clear knowledge of. the facts.
Count Kapnist replied that he could only give me the answer which he had
already given to Mr. Howard, viz., that the Minister of Marine had not yet replied to
the application made to him by the Minister for Foreign Affairs.
1 expressed the hope that his Excellency might be able to furnSh me shortly with
a reply in this case.
I have, &c.
(Signed) FRANK C. LASCELLES.
 40
No. 59.
Sir F. Lascelles to the Fart of Kimberley.—(Received September 17.)
My Lord, St. Petersburgh, September 8, 1894.
I HAVE the honour to inclose a copy of a note which I have addressed
to M. de Giers, calling his Excellency's attention to the delay which has occurred
in meeting the application of Her Majesty's Government for certain documentary
evidence in connection with the seizure of Canadian sealers in 1892, and
expressing the hope that I may be favoured with the reply of the Imperial
Government.
I have, &c.
(Signed) FRANK C. LASCELLES.
Inclosure in No. 59.
Sir F. Lascelles to M. de Giers.
M. le Ministre, St. Petersburgh, August 27 (September 8), 1894.
ON the 13th (25th) November of last year Mr. Howard had the honour of
addressing a note to your ExceUency, to communicate the request of Her Majesty's
Government to be furnished with certain documentarv evidence in connection with
the seizure of Canadian sealers in 1892.
In the early part of December Mr. Howard reminded Count Kapnist that no reply
had been received from the Russian Government on the subject, and shortly after my
arrival at St. Petersburgh I again brought the matter to the notice of Count Kapnist,
who informed me, as he had previously on more than one occasion informed
Mr. Howard, that the application had been forwarded to the Imperial Ministry of
Marine, from "vlihom no reply had yet been received.
I have been instructed by Her Majesty's Principal Secretary of State for
Foreign Affairs to call your Excellency's attention to the delay which has occurred in
meeting this application of Her Majesty's Government, and to express the hope that I
may be favoured with the reply of the Imperial Government.
I avail, &c.
(Signed) F. LASCELLES.
No. 60.
Colonial Office to Foreign Office.—(Received October 2.)
Sir, Downing Street, October 1, 1894.
I AM directed by the Secretary of State for the Colonies to transmit to you, for
the information of the Earl of Kimberley, a copy of a despatch from the Governor-
General of Canada in regard to the measures to be taken by the Russian Government
for the protection of maritime interests in their north-eastern territories and seas.
I am, &c.
(Signed) R. H. MEADE.
Inclosure 1 in No. 60.
The Earl of Aberdeen to the Marquess of Ripon.
My Lord, The Citadel, Quebec, September 10, 1894.
WITH reference to your Lordship's despatch of the 23rd July last in regard to
the measures to be taken by the Russian Government for the protection of maritime
industries in their north-eastern territ ories, I have the honour to inclose copy of an
approved Minute of the Privy Council, expressing the thanks of the Government for
the information contained in your Lordship's despatch.
I have, &c.
(Signed) ABERDEEN,
 41
Inclosure 2 in No. 60.
Extract from a Report of the Committee of the Honourable the Privy Council, approved by
the Governor-General in Council on the Mh September, 1894.
THE Committee of the Privy Council have had under consideration a despatch,
dated the 23rd July, 1894, from the Colonial Office, covering copy of a communication
from Her Majesty's Representative at St. Petersburgh, dated the 13th September, 1893,
announcing the reported discussion in the Imperial Ministry of the Interior by the
Govern or-General of the Amur Provinces on the question of more energetic measures
being taken for the protection of the whaling and other maritime industries of the
north-eastern territories and seas of the Russian Empire, and more especially of the
Russian coasts of the Okhotsk and Behring Seas against foreign poachers.
The Minister of Marine and Fisheries, to whom the despatch and inclosure were
referred, states that it is asserted that every year some forty foreign ships, principally
American, engage in illicit hunting off Chukotsk Peninsula, and that the extermination
of whales and walrus, and other valuable species, is proceeding in Russian waters with
great rapidity.
The Minister further states that he is unaware of any of Her Majesty's subjects
in Canada frequenting the waters in question for the purposes mentioned, or, indeed,
any of the Asiatic waters of the North Pacific Ocean, for any other purpose than
pelagic sealing, and those engaged in that business do not, so far as he can ascertain,
invade the territorial waters of any nation.
The Minister observes that it is, however, as Her Majesty's Representative
surmises, interesting for your Excellency's Government to learn that the attention of
the Russian Government has been called to the alleged irregularities committed by
foreign ships, as it will enable them, in the event of any ships fitting out for operation
in those waters, to warn them against encroachments of the kind reported.
The Minister further observes that he has read with great satisfaction the closing
paragraph of Mr. Howard's communication, in which he states he used the term
" territorial waters " because all the Russian Regulations for the protection of maritime
industries can, as regards foreigners, only apply to such waters, M. Chichkine having
told him, with reference to the Law for the protection of fur-seals of last year, that
there was no question of extending Russian jurisdiction beyond territorial waters.
The Committee, on the recommendation of the Minister of Marine and Fisheries,
advise that your Excellency be moved to convey to the Right Honourable the
Principal Secretary of State for the Colonies the thanks of the Canadian Government
for the information contained in the above-mentioned despatch.
The Committee, on the same recommendation, advise that a certified copy of this
Minute, if approved, be forwarded to the Right Honourable the Principal Secretary of
State for the Colonies.
All which is respectfully submitted for your Excellency's approval.
(Signed) JOHN J. McGEE,
Clerk of the Privy Council.
No. 61.
Colonial Office to Foreign Office.—(Received December 31.)
(Extract.) Downing Street, December 29, 1894.
WITH reference to previous correspondence, I am directed by the Marquess of
Ripon to inform you that a despatch has been received from the Governor-General of
Canada relative to the Sealing Agreement with Russia.
The Canadian Government do not object to the terms of the Agreement so much
as to the legislation for giving effect to it.
With regard to an objection to section 1 of the Imperial Act urged by the
Dominion Government, Lord Ripon thinks that it might be met to some extent by
limiting the power to detain or seize the vessel or her equipment to cases where the
officer is satisfied that there has been an actual contravention of the Act.
His Lordship considers also that the provision of section 1, which throws on the
master of a sealing-vessel found within the prohibited zone the onus of proving that he
is there with innocent intent, might be omitted.
[366} G
 42
No such provision is inserted in the Behring Sea Act of this year, and his Lordship
is satisfied that the masters of the sealing-vessels generally have no desire to risk their
vessels by contravention of the arrangements, and that in view of the prevalence of
fogs and currents in the seas in question, the provision throws an unfair burden on the
master.
No. 62.
Foreign Office to Colonial Office.
Sir, Foreign Office, January 1, 1895.
I AM directed by the Earl of Kimberley to state that, in his opinion, every
precaution should be taken to insure, during the coming seal fishery season, a strict
observance of the Agreement with Russia, and that it will be desirable to remind the
masters of British sealing-vessels proceeding to the North Pacific that the Arrangement remains in force.
His Lordship therefore proposes, with the concurrence of the Secretary of State
for the Colonies, to address a telegram to Her Majesty's Minister at Tbkio, instructing
him to inform Her Majesty's Consuls in Japan that British sealers should be warned,
as in previous years, not to approach within the limits specified in the Agreement.
I am, &c.
(Signed) FRANCIS BERTIE.
No. 63.
Colonial Office to Foreign Office.—(Received January 8.)
Sir, Downing Street, January 7, 1895.
I AM directed by the Marquess of Ripon to acknowledge the receipt of your
letter of the 1st instant, and to state that he concurs in the proposal of the Earl of
Kimberley to instruct Her Majesty's Minister at Tbkio to have a warning issued to
masters of British sealing/-vessels with the view of securing a strict adherence to the
Agreement with Russia. |§||
Lord Ripon presumes that the Foreign Office will communicate with tfee
Admiralty in order that the officers commanding Her Majesty's ships may also waiffL
any sealers whom they may meet.
I am to inquire whether Lord Kimberley has any information regarding the
intentions of the United States' Government as to continuing their Agreement with
Russia, and I am to observe that, in view of section-5 (6) of "The Seal Fishery
(North Pacific) Act, 1893," fresh legislation in this country will become necessary
hefore the 1st July.
As the sealers will shortly be starting, Lord Ripon proposes to telegraph to the
Governor-General of Canada to remind his Government that the Agreement with
Russia was continued until further notice, and to ask them to warn sealers clearing
for the Russian side of the North Pacific.
I am, &c.
(Signed) EDWARD WINGFIELD.
No. 64.
The Earl of Kimberley to Mr. Trench.
(Telegraphic.) Foreign Office, January 8, 1895, 6'45 p.m.
SEAL Fishery Arrangement with Russia remains in force.
Her Majesty's Corsuls should warn British sealing-vessels as before not to
approach within the limits specified.
I.
 43
No. 65.
Foreign Office to Admiralty.
Sir, Foreign Office, January 10, 1895.
WITH reference to my letter of the 3rd March last, I am directed by the Earl of
Kimberley to state, for the information of the Board of Admiralty, that the arrangement with Russia for the protection of fur-seals in the North Pacific remains in
force.
Her Majesty's Minister at Tbkio has been instructed, by telegraph, to warn
masters of British sealing-vessels that the Agreement continues to be binding.
It is desirable that the Commanders of Her Majesty's Ships should co-operate
with any vessels of the Imperial Russian navy which may be detailed for the policing
of the waters affected by the Agreement, and for seizing and dealing with sealers
infringing it.
Lord Kimberley directs me to suggest that orders should be issued to them with
that object, and that they should be instructed to warn the masters of any sealing-
vessels which they may meet.
I am, &c.
(Signed) FRANCIS BERTIE.
No. 66.
Foreign Office to Colonial Office.
Sir, Foreign Office, January 10, 1895.
WITH reference to your letter of the 7.tftlinstant, I am directed by the Earl of
Kimberley to transmit to you, to be laid before the Marquess of Ripon, a paraphrase of
a telegram addressed to Her Majesty's Minister at Tokio,* informing him that, as the
Agreement with Russia relative to the seal fisheries remains in force, British sealers
should be warned, as in previous years, not to approach within the limits specified is)
the Agreement.
The Lords Commissioners of the Admiralty have been requested to instruct the
Commanders of Her Majesty's ships to warn any British sealers whom they may meet,
and also to co-operate with such vessels of the Russian Imperial navy as may be
detailed for the patrol of the waters affected by the Agreement.
The Agreement between Russia and the United States, Article VI, provides that
it may be terminated at will by either party upon giving notice to the other.
No intimation has been received of such notice being likely, but copies of this
correspondence will be forwarded to Her Majesty-'s- Ambassador at Washington, and
his Excellency wiU be instructed to ascertain from Mr. Gresham whether the United
States' Government have any intention of altering or terminating the arrangements by
which they are at present bound.
I am to add that Lord Kimberley concurs in the telegram which Lord Ripon
proposes to address to the Governor-General of Canada on the subject.
1 am, &c.
(Signed) FRANCIS BERTIE.
No. 67.
The Earl of Kimberley to Sir J. Pauncefote.
Sir, Foreign Office, January 11, 1895.
I TRANSMIT to you copies of correspondence with the- Colonial Office and
Admiralty, and of a telegram to Her Majesty's Minister at T6ki6,f relative to the
measures necessary to ..insure, if. possible, during the coming season, a strict adherence
to the Agreement between Great Britain: and Russia' respecting the fur seal .fisheries.
The Agreement between' the United States and- Russia provides iArticle 6) that
it may be terminated at wiR by either party upon giving notice to tlu' othvr.
No intimation has been received of such notice being likely, but it is desirable
* No. 64. f $yj 62, 63, 64, 63, and 66.
[366] G 2
 44
that your ExceUency should mention to Mr. Gresham the instructions issued with
regard to British sealers, and that you should ascertain whether the United States'
Government have any intention of altering or terminating the arrangements by which
they are at present bound.
I am, &c.
(Signed) KIMBERLEY.
No. 68.
The Earl of Kimberley to Sir F. Lascelles.
Sir, Foreign Office, January 12,. 1895.
I TRANSMIT to your Excellency copies of correspondence^ marked in the margin,*
relative to the measures necessary to insure, if possible, during the coming season, a strict
adherence to the Agreement between Great Britain and Russia respecting the fur-seal
fisheries.
I request that your Excellency will take an opportunity of communicating to M. de
Giers the instructions issued by Her Majesty's Government, and of inquiring whether any
vessels of the Russian Imperial navy will be detailed this year for the patrol of the waters
affected by the Agreement.
I am, &c.
(Signed) KIMBERLEY.
No. 69.
Colonial Office to Foreign Office.-—(Received January 16.)
Sir, Downing Street, January 15, 1895.
I AM directed by the Secretary of State for the Colonies to transmit to you, for
the information of the Earl of Kimberley, with reference to the letter from your
Department of the 10th instant, a copy of a telegram from the Secretary of State
for the Colonies on the subject of the Agreement with Russia regarding the seal
fisheries.
I am, &c.
(Signed) R. H. MEADE.
Inclosure in No. 69.
The Marquess of Ripon to the Earl of Aberdeen.
(Telegraphic.) Downing Street, January 12, 1895, 5*25 2.M.
AS Russian Sealing Agreement was renewed until further notice, Her Majesty's
Government would be obliged if your Ministers would remind sealers that Agreement
is in force stiU.
No. 70.
Admiralty to Foreign Office.—(Received January 18.)
Sir, Admiralty, January 17,1895.
WITH reference to your letter of the 10th instant, I am commanded by my Lords
Commissioners of the Admiralty to acquaint you, for the information of the Secretary
of State, that the following telegrams have been sent to the Commanders-in-chief on
the China and Pacific Stations respectively:—
* Nos. 62, 63, 64, 65, 66. and 67.
 45
To Commander-in~chief at Chefoo.
" Admiralty, January 17,1895.
| Sealing arrangements with Russia, and instructions 1893, remain in force next
season.   Arrange accordingly."
To Commander-in-chief at Callao.
" Admiralty, January 17, 1895.
" Sealing arrangements with Russia, and instructions 1893, remain in force next
season.   Arrange accordingly.''
I am, &c.
(Signed) EVAN MACGREGOB.
No. 71.
Sir F. Lascelles to the Earl of Kimberley.—(Received February 1.)
My Lord, St. Petersburgh, January 23, 1895.
I HAVE the honour to transmit herewith a copy of the note which, in compliance
with the instructions contained in your Lordship's despatch of the 12th instant, I have
addressed to M. de Giers, communicating to his Excellency the instructions issued by
Her Majesty's Government to insure, as far as possible, during the coming season, a
strict adherence to the Agreement between Great Britain and Russia respecting the
fur-seal fisheries, and inquiring whether any vessels of the Russian Imperial navy would
be detailed this year for the patrol of the waters affected by the Agreement.
I have, &c.
(Signed) FRANK C. LASCELLES.
Inclosure in No. 71.
Sir F. Lascelles to M. de Giers.
M. le Ministre, St. Petersburgh, January 9 (21), 1895.
I HAVE the honour, in obedience to the instructions which I have received from
Her Majesty's Principal Secretary of State for Foreign Affairs, to take this opportunity
of communicating to your Excellency the instructions issued by Her Majesty's Government to insure, as far as lies in their power, during the coming season, a strict adherence
to the Agreement between Great Britain and Russia respecting the fur-sealing fisheries
in the North Pacific.
Her Majesty's Minister at T6ki6 has been instructed, by telegraph, to issue through
Her Majesty's Consuls a warning to masters of British sealing-vessels not to approach
within the limits specified in the Agreement. The requisite steps have likewise been
taken to ask the Governor-General of Canada to warn British sealers clearing for the
Russian side of the North Pacific; the Commanders of Her Majesty's ships will further
be instructed to convey a warning to the masters of any sealing-vessels which they may
meet, and to co-operate with any vessels of the Imperial Russian navy which may be
detailed for the policing of the waters in question.
In communicating the above to your Excellency, I am further requested to inquire
whether any vessels of the Russian Imperial navy will be dispatched this year for the
patrol of the waters affected by the Agreement.
(Signed) FRANK C. LASCELLES.
i     ■•	
No. 72.
Sir J. Pauncefote to the Earl of Kimberley.—(Received February 2.)
My Lord, Washington, January 24, 1895.
WITH reference to your Lordship's despatch of the 11th instant, inclosing copies
of correspondence relative to the measures necessary to insure, if possible, during
 f
46
the coming season, a strict adherence to the Agreement between Great Britain and
Russia respecting the fur-seal fisheries, and instructing me to ascertain whether the
United States' Government have any intention of altering or terminating the similar
arrangement between the United States and Russia, I have the honour to inform your
Lordship that the Secretary of State assures me that the United States' Government
have no present intention of altering or modifying that arrangement. In accordance
with your Lordship's direction, I mentioned to Mr. Gresham the instructions issued
with regard to British sealers.
I have, &c.
(Signed) JULIAN PAUNCEFOTE.
No, 73.
Sir F. Lascelles to the Earl of Kimberley.—(Received February 4.)
My Lord, St. Petersburgh, January 26, 1895.
WITH reference to Mr. Howard's despatch of the 19th July last and to previous
correspondence respecting the seizure of Canadian sealers in 1892, I have the honour
to transmit herewitHa to your Lordship a copy of a note which I have received from
M. Chichkine, inclosing the logs of the schooners " Vancouver Belle " and " Carmolite,"
copies of the Protocols relating to the seizure of these vessels, copies of the sentences
of confiscation, an extract from the Report of the Commander of the squadron in the
Pacific concerning the seizure of the " Carmolite," an extract from the Report of the
Commander of the " Zabiaka " concerning the seizure of the "Vancouver Belle," and,
lastly, a copy of a map drawn up at the Russian Admiralty, indicating, according to
Russian and English data, the place where the seizures were effected.
The above map is furnished, as no charts were found on board the seized
schooners, and it is requested that the log-books may eventually be returned.
M. Chichkine concludes by stating that the competent local authorities have been
instructed to communicate to the Imperial Ministry the documents concerning the
seizure of the "Rosie Olsen" and the "Marie" (these papers being still in the
possession of the Vladivostock Prize Court), and that as soon as they have been received
they will be forwarded to Her Majesty's Embassy.
I have, &c.
(Signed) FRANK C. LASCELLES.
Inclosure in No. 73.
M'. Chichkine to Sir F. Lascelles.
HS£. TAmbassadeur, Saint-Pe'tersbourg, le 11 (23) Janvier, 1895.
EN response a la note de votre Excellence du 22 Aout (8 Septembre), j'ai 1'honneur
de vous faire parvenir ci-joint les documents se rapportant a la saisie operee par nos
croiseurs dans la Mer de Behring des schooners Canadiens " Vancouver Belle " et
" Carmolite," se livrant a- la peche aux phoques a fourrure dans nos eaux, documents
dont Mr. Howard nous avait demande la communication par sa note du 13 (25) No-
vembre, 1893.    Ce dossier se compose des pieces suivantes :—>
1 et 2. Les journaux de bord des deux schooners susinentionnbs;
3 et 4. Des copies des Protocoles de saisie des dits batiments;
5 et 6. Des copies de l'arr&t de leur confiscation:
7. Un extrait du RappQr$du Chef de l'Escadre du Pacifique concernant la saisie
du schooner ^6aTmbliffe; "
8. Un. extrait du Rapport du Commandant du " Zabiaka " concernant la saisie du
schooner " Vancouver Belle;"
9. La copie d'une carte dressed par l'Etat-Major de la Marine Imperiale, et
indiquant, d'apres les donnbes Russes et Anglaises, le point ou les saisies ont'e'te
operees.
Le Ministere de la Marine croit devoir communiquer cette derniere piece, aucune
carte n'ayant. 6te trouvee a bord des schooners saisis. En nous envoy ant tous les
documents pretttbs, il demande que les livres de bord qui en font partie puissent nous
 47
etre restitu^s apres que le Gouvernement Britannique   en  aura pris connaissance,
demande que je me fais un devoir de transmettre a votre Excellence.
Quant aux pieces qui se rapportent a la saisie de la" Rosie Olsen " et de la " Marie,"
et se trouvant entre les mains du Tribunal de Prises de Vladivostock, le Ministere
Imperial en a demande communication aux autorites locales competentes, et ne manquera
pas de vous les faire tenir aussitdt qu'elles lui seront par venues.
En vous informant de ce qui precede, je saisis, &e.,
(Signe) CHICHKINE.
No. 74.
Foreign Office to Colonial Office.
Sir, Foreign Office, February 9, 1895.
I AM directed by the Earl of Kimberley to transmit to you, to be laid before the
Marquess of Ripon, a despatch from Her Majesty's Ambassador at St. Petersburgh,
transmitting a note from M. Chichkine,* in which he incloses documents relative to
the seizure of some of the Canadian sealing-vessels in Behring Sea by Russian cruisers
in 1892.
The papers relating to the seizure of the " Rosie Olsen " and the "Marie " will
also be communicated as soon as they are received from the authorities at Vladivostock,
who have been instructed to communicate them to the Imperial Ministry.
I am, &c.
(Signed) FRANCIS BERTIE.
No. 75.
Colonial Office to Foreign Office.—(Reomved March 7.)
Sir, Downing Street, March 6, 1895.
I AM directed by the Marquess of Ripon to state, for the information of the
Earl of Kimberley, that the amendments which he thinks should be made in " The
North Pacific Seal Fishery Act, 1893," are in sub-section (4) of section 1, and in
sub-section (6) of section 1.
The latter sub-section should, he thinks, be entirely omitted, and for the last
clause of the former he would suggest the substitution of some such words as "if
he is satisfied that the vessel has been used or employed in contravention of this
Act."
With regard to the question of the general right of search over sealing-vessels
within the prohibited zone, I am to observe that as sealing is entirely prohibited
throughout the year within the zone, the presence of a vessel equipped for sealing
raises a natural presumption against her which can only be substantiated or removed
by investigation.
To remove the general liabRity to search within the zone, and to allow a vessel
only to be interfered with when caught flagrante delicto, would, his Lordship fears,
offer a temptation to evasion and contravention of the Act, and would afford reasonable
grounds for suspicion that Her Majesty's Government did not desire its effective
execution.
He is not, therefore, prepared to recommend any modification of the Act in this
respect.
With regard to sub-section (1) of section 3,1 am to observe that his Lordship does
not see how it can be omitted or altered without creating insuperable obstacles to the
prosecution of a vessel seized by a Russian cruiser.
I am to add that with the view of collecting information which would be of use
in the discussion of the general Regulation of the seal fishery, it is for consideration
whether power should not be taken by an amendment of subjection (2) of section 4
of the Act to require all sealing-vessels to make the entries in their logs as to the
place and date of each sealing operation, &c., required by Nos. 5 and 6 of the Award
Regulations, and also to prohibit the use of wasteful and destructive weapon^" such as
rifles, in the killing of seals.
* No. 73.
 48
Any such Regulations could not of course be enforced this year, and the Canadian
Government would probably object to them being imposed on British vessels unless
they were also imposed on United States' vessels, but a general power to impose such
Regulations might be obtained, so that it could be at once enforced if agreed to by the
United States and the other nation interested.
Lord Ripon would be glad to have an opportunity of seeing the Bill in draft
before it is introduced into Parliament,
I am, &c.
(Signed) R. H. MEADE.
No. 76.
Memorandum forwarded to the Colonial Office by the Governor-General of Canada, and
communicated to the Foreign Office, March 20.
BY the Agreement with Russia Great Britain engages—
1. To prohibit, during the time specified, her subjects from kitting or hunting seal within certain
zones.
2. British vessels engaged in hunting seals within the limits, outside territorial waters, may be
seized by Russian cruisers and handed over to British authority.
3. To bring to trial the British vessels which may be seized as having been engaged in sealing
within the prohibited zones.
The engagement is entered into without prejudice to the rights and position of either Power.
The only offences, then, under the Agreement, and which appear to be contemplated by its
terms, are:—
Killing, taking, or hunting, or attempting to kill, take, or hunt seals within the zones specified.
The right of passage, or any other right possessed by a British ship on the high seas, are in
no way affected.
The Admiralty instructions to Her Majesty's ships for their guidance under the arrangement
begin by explaining that British cruisers are to co-operate with the Russian naval vessels in
preventing persons belonging to British ships from killing or hunting seals during the period and
within the specified zones.
Section 2 directs: " British ships likely to be affected should be warned that they will be
liable to capture if found killing or hunting seals within those zones."
Section 3 reads: " If any person belonging to a British ship kills, takes, hunts, or attempts to
kill or take any seal during the said period, within the said zones, or if any British ship, or the
equipment or crew thereof, is or are used or employed in such killing, taking, hunting or attempt,
a British or a Russian cruiser may stop and examine the ship."
So far, the instructions'appear to conform to the obligations under the Agreement, for, although
a vessel may be stopped and examined, it would still appear that this could only be done in the
event of the vessel, her equipment or crew, was, or were, being used or employed in killing, taking,
or hunting seals, or attempting to do so, during the period and within the limit specified.
I The Seal Fishery (North Pacific) Act, 1893," was designed solely to give effect to the
Agreement.
It provides—
" (a.) A person belonging to a British ship shall not kill, take, or hunt, or attempt to kill or
take any seal during the period and within the seas specified by the Order; and
" (b.) A British ship shall not, nor shall any of the equipment or crew thereof, be used or
employed in such killing, taking, hunting, or attempt."
Penalties are provided for these specific offences, and they appear to constitute the only
offences recognized by the terms of the Agreement.
Sub-section 4 of section 1 of the Act, however, enacts:—
" Any commissioned officer on full pay in the Naval Service of Her Majesty the Queen shall
have power, during the period and in the seas specified by the Order, to stop and examine a British
ship, and to detain her, or any portion of her equipment, or any of her crew, if, in his judgment,
the ship is being or is prepared to be used or employed in contravention of this section."
Similar power is conferred upon Russian officers.
Sub-section 6 of section 1 enacts:—
"If, during the period and within the seas specified by the Order, a British ship is found
having on board thereof fishing or shooting implements, or seal-skins, or bodies of seals, it shall
lie in the owner or master of such ship to prove that tlie ship was not used or employed in contravention
of this Act."
Obviously, any ship equipped for a sealing voyage may be said not only to be preparing, but
to be at all times prepared to take seals.
Until she has taken seals in an illegal manner, or in protected areas, she should not become
liable, and no offence should be assumed against her.
She is regularly cleared at Customs, and licensed for the sole purpose of prosecuting a sealing
voyage in the North Pacific Ocean.
She is manned and equipped accordingly, and among her equipment are necessarily the
requisite implements for sealing.
 49
She may be legally-within the zone for other purposes than those prohibited by the Agreement or legislation, and the fact of her being a sealing-vessel in no way impairs her right of
passage through the zone from point to point, where the operations for which she is Kcensed are
restricted by no law or regulation.
At all times and in every locality during her voyage from America to Asia, every sealing-
vessel must necessarily and properly have implements, seal-skins, and bodies of seals on board, as
an absolute condition of the industry in which she is engaged.
Hence it would appear to be somewhat exacting that such proof should devolve upon the
master in the fight of the fact that the possession of these articles, even at the time or within the limit,
is not an offence against the Agreement with Russia.
During the year 1893 four British vessels were seized and brought to trial: two at Yokohama,
and two at Victoria.
In the cases of three of these vessels the learned Judges decided that the masters had clearly
discharged the presumption raised against them by their mere presence within the zone, and
dismissed the suits.
In the other case, that of the schooner " Minnie," the vessel was condemned.
In every one of these cases the vessels were seized for mere presence within the zone, and no
other offence was charged against them.
It was fortunate for those vessels which were acquitted that circumstances were such as to
justify the opinion of the Courts that the prima facie case presumed against them had been
removed. Otherwise these vessels, innocent of evil intent, would have been condemned in
addition to having their voyages broken up.
It was not proven that the " Minnie " had committed a breach of the Agreement or Act.
She was condemned merely through the absence of sufficient proof of innocent intention to
remove the presumption raised by her presence in certain waters, which constituted a primd facie
case against her.    The Judge had no alternative.
In respect of the vessels which, after having stood then- trial, and been adjudged innocent of
any evil-doing, it may be said that although their voyages were thus utterly broken up, they had
no recourse whatever, their counter-cases being dismissed by the respective Courts as unsustainable under the conditions of the Act.
The case of the " Minnie," which vessel was not shown to have committed an offence, is still
a harsher one, and it is contended that British ships should not be subjected to such far-reaching
disaster and embarrassment, because it is considered expedient to provide certain protection to
seal life.
Where is conciliation to find its limit if the relinquishment of such time-honoured and
recognized rights is made to depend upon the question of expediency ?
The foregoing remarks treat of some of the practical effects of existing arrangements, but
there is another aspect of the question, dealt with in connection with the machinery provided
under the Behring Sea Award, which, in principle, is of infinitely more vital importance, since it
involves the admission of the right of search over all ships at sea flying the British flag, and the
seizure thereof, on the shallow pretext of mere suspicion.
Ottawa, January 5,1894.
No. 77.
Amendments in H Seal Fishery (North Pacific) Act, 1893," suggested by the  Governor-
General of Canada.—(Communicated by the  Colonial  Office to the Foreign Office,
March 20.)
SEAL FISHERY (NORTH PACIFIC)                              PROPOSED BILL.
ACT, 1893. 	
56 Vict.~-Cap. 23.
[Nora.—The italics signify that the portions so printed are [Note.—The portion* printed in small type are substituted for
eliminated in the proposed Bill.] and added to the present Act.]
An Act to provide for prohibiting the Catching of An Act to provide for prohibiting the Catching of
Seals at certain periods in Behring Sea and Seals at certain periods in  Behring Sea and
other parts of the Pacific   Ocean adjacent to other parts of the Pacific   Ocean  adjacent to
Behring Sea. Behring Sea.
Whereas it is expedient to extend " The Seal Whereas it is expedient to extend " The Seal
Fisheiy (Behring   Sea)  Act,  1891," to other Fishery (Behring Sea) Act,  1891," to   other
-waters of the North Pacific Ocean adjacent to waters of the North Pacific Ocean adjacent to
Behring Sea, and for that purpose to repeal Behring Sea, and for that purpose  to repeal
and re-enact that Act: aml re-enact that Act:
E366] H
 (
50
Be it there#§r& enacted by the1'Queen's Most
ExceUeiat Majesty, by" aUfi with the advice and
consent of the Lords SpfeitUSl 8?id Temporal,
and Commons^ in this present Parliament
assembled, and by the aufhefclty of the same, as
follows:—
1,—(1.) Her Majesty the Queen may, by Order
in Council, prohibit, during the period specified
by the Order, the catching of seak by British;
ships in such parts of the seas to which this Act
applies as are specified by the Order.
(2.) While an Order in Council under this Act
is in force— •
(a.) A person belonging to a British ship shall
not kill, take, or hunt, or attempt to kill or take,
any seal during the period and within the seas
specified by th« Order; and x
(b.) A British ship shall not, nor shall aay of
the equipment or crew thereof, be used or
employed in suGh killing, taking, hunting, or
attempt.
(3.) If there is any contravention of this Act,
any person committing, procuring, aiding,   or
abetting such contravention shall be guilty of
misdemeanour Avithin  the   meaning- of "The    a misdemeanour within the meaning; of "The
Be. ft therefore-enacted by the Queen's Most
Excellent Majesty by and wife the advice and
Gdnsent of tu# Lords Spiritual and Tempor-al,
and Commons, in this present Parliament
assembled, and by the authority of the same, as
follows:—
1.—(1.) Her Majesty the Queen may, by Order
in Council, prohibit, during the period specified
by the Order, the catching of seals by British
ships in such parts of the seas to which this Act
applies as are specified by the Order.
(2.)/.While an Order in Council under this
Act is in force-—
(a.) A person belonging to a British ship
shall not Mil, take, or hunt, or attempt to kill
or take any seal during the period and withm
the seas specified by the Order; and 1
(b.) A British ship shall not, nor shallj^ny of
the equipment or crew thereof, be used or employed hi such killing, taking, hunting, or
attempt.
(3.) If taere is any contravention of this Act,
any person committing, procuring, aiding, or
abetting such contravention shall be guilty of a
Merchant Shipping Act, 1854," and the ship
and her equipment, and everything on board
thereof, shall be forfeited to Her Majesty as if
an offence had been committed under section 103 of
the said Act, and the provisions of sections 103
and 104 and Part X of the said. Act, and of
section 34 of " The Merchant Shipping Act,
1876" (which are set out in the Schedule to
this Act), shall apply as if they were herein
re-enacted, and in terms made applicable to an
offence and forfeiture under this Act, and any
commissioned officer on full pay in the Naval
Service of Her Majesty the Queen may seize the
ship's certificate of registry.
(4.) Any commissioned officer on full pay in
the Naval Service of Her Majesty the Queen
shall have power during the period and in the
seas specified by the Order to stop and examine
any British ship,a,nd to detain her, or any portion
of her equipment, or any of her crew, if in his
judgment the ship is being, or is preparing to be,
used or employed in contravention of tlds
section.
(5.) For carrying into effect an arrangement
Avith any foreign State, an Order in Council
under this Act may provide that such officers
of that State as are specified in the Order may
exercise the like poAvers under this Act as may
be exercised by such a dbmmissioned officer as
aforesaid in relation to a British ship, and the
equipment and crew and certificate thereof, and
that such British officers as are specified in the
Order may exercise, with the necessary modifications, the powers conferred by this Act hi
relation to a ship of the said foreign State, and
the equipment and crew and papers thereof.
(6.) If during the period and within the seas
specified by the Order a JBrwish ship is found
haMng on board thereof fishing or shooting implements or seal-skins or bodies of seals, it shalulie
on the owner or master of such ship to prove that
the ship was not used or employed in contravention of this Act.
Merchant Shipping Act, 1854," and the ship
and her equipment, an4 every thing on board
thereof, shall be forfeited to Her Majesty.
(4.) In order that the above provisions as to forfeitures may
be carried into effect, it shall be lawful for any commissioned
officer on full pay in the Military or Naval Service of Her
Majesty, or any officer of Customs in Her Majisty's dominions,
or any British Consular officer, to seize and detain any ship
which is being employed in contravention of this Act, and to
■bring her for adjudication before the High Court of Admiralty in
England or Ireland, or any Court having Admiralty jurisdiction in
Her Majesty's dominions; and such Court may thereupon make
such order in the case as it may think lit, and may award to the
officer bringing in the- same for adjudication such portion of the
proceeds of the sale of any forfeited ship or share as it may think
Wght.
(5.) No such officer as aforesaid shall be responsible, either
civilly or criminally, to any person whomsoever in respect of
the seizure or detention of any ship that has been seized or
detained by him in pursuance of the provisions herein contained,
notwithstanding that such ship is not brought in for adjudication,
or, if so brought in. is declared not to be liable to forfeiture, if it
is shown to the satisfaction Tjf - the Judge or CotWt before whom
any trial relating to such ship or such seizure or detention is held
that there were reasonable grounds for such seizure or detention;
but if no such grounds are shown, such Judge or Court may
award payment of costs and damages to any party aggrieved, and
make such other order in the premises as it thinks just.
(6.) Part X of " The Merchant Shipping Act,
1854," and of section 34 of "The Merchant
Shipping Act, 1876" (which are. set out in the
Schedule to this Act) shall apply as if they were
herein re-enacted and in terms made applicable
to an offence and fOrMture under this Ae% and
any commissioned officer on full pay in the
Naval Service of Her Majesty the Queen may
seize the ship's certificate of registry.
(7.) Any commissioned officer on full pay in
the Naval Service of Her Majesty the Queen
shall have power, during the period and in the
seas specified by the Order, to stop and
examine any British ship, and to detain her, or
any portion of her equipment, or any of her
oreAv, if the ship is being used or employed in
contravention of this section.
(8.) For carrying into effect an arrangement
with any foreign State, an Order in Council
under this Act may provide that such officers
of that State as are specified in the Order may
exercise the like powers under this Act as may
be exercised by such a commissioned officer as
aforesaid in relation to a Brrfish ship, and the
 61
2.—(1.) Where an officer has poAver under
this Act to seize a ship's certificate of registry,
he may either retain the certificate and give a
- -provisional certfficate'in'lieu thereof, or return
the certificate with an indorsement of the
grounds on which it was seized, and in either
case may direct the ship, by an addition to the
provisional certificate or to the indorsement,
to proceed forthwith to a specified port, being
a port where there is a British Court having
authority to adjudicate in the matter, and
if this direction is not complied with, the owner
and master of the ship shall, without prejudice
to any other habihty, each be liable to a fine
not exceeding 100?.
(2.) Where in pursuance of this section a
provisional certificate is given to a ship, or the
ship's certificate is indorsed, any British officer
of Customs or British Consular officer may
detain the ship until satisfactory security is
given for her appearance in any legal proceedings which may be taken against her in
pursuance of this Act.
3.—(1.) A statement in writing, purporting
to be signed by an officer having power in
pursuance of this Act to stop and examine a
ship, as to the circumstances under which or
grounds on which he stopped and examined
the ship, shall be admissible in any proceedings,
civil or criminal, as evidence of the facts or
matters therein stated.
(2.) If evidence contained in any such statement was taken on oath in the presence of the
person charged in the evidence, and that person
had an opportunity of cross-examining the.
person giving the evidence and of making his
reply to the evidence, the officer making the
statement may certify that the evidence was so
taken, and that there was such opportunity as
aforesaid
4.—(1.) Her Majesty the Queen in Council
may make, revoke, and alter Orders for the
purpose of this Act, and every such Order shall
be forthwith laid before both Houses of
Parliament, and published in the " London
Gazette."
(2.) Any such Order may contain any limitations, conditions, qualifications, and exceptions
which appear to Her Majesty in Council expedient for carrying into effect the object of
this Act.
5.—(1.) This Act shall apply to the animal
known as the fur-seal, and to any marine
animal specified in that behalf by an Order in
Council under this Act, and the expression
"seal" in this Act shall be construed accordingly.
(2.) This Act shall apply to the seas within
that part of the Pacific Ocean known as Behring
Sea, and within such other parts of the Pacific
Ocean as are north of the 42nd parallel of
latitude.
(3.) The expression "equipment" in this
Act includes any boat, tackle, fishing or shooting
instruments, and other things belonging to a
ship.
(4.) This Act may be  cited as *' The Seal
Fishery (North Pacific) Act, 1893."
[366]
equipment and crew and certificate thereof, and
that such British officers as are specified in the
Order may exercise, with the necessary modifications, the powers conferred by this Act in
relation to a ship of the said foreign State, gnd
the equipment and crew and papers thereof.
2.—(1.) Where an officer has power under
this Act to seize a ship's certificate of registry,
he may either retain the,certificate .and give
a provisional certificate in lieu thereof, or return
the certificate with an indorsement of the
grounds on which it was seized, and in either
case may direct the ship, by an addition to the
provisional certificate or to the indorsement, to
proceed forthwith to a specified port, being a
port where there is a British Court having
authority to adjudicate in the matter, and if
this direction is not complied with, the master
of the ship shall, without prejudice to any other
liability, be liable to a fine not exceeding
1001.
(2.) Where in pursuance of this section a provisional certificate is given to a ship, or the
ship's certificate is indorsed, any British officer
of Customs or British Consular officer may
detain the ship until satisfactory security is
given for her appearance in any legal proceedings which may be taken against her in
pursuance of this Act.
3.—(1.) A statement in writing, purporting
to be signed by an officer having power in
pursuance of this Act to stop and examine a
ship, as to the circumstances under which or
grounds on which he stopped and examined
the ship, shall be admissible in any proceedings,
civil or criminal, as evidence of the facts or
matters therein stated.
(2.) If evidence contained in any such statement Avas taken on oath in the presence of the
person charged in the evidence, and that person
had an opportunity of cross-examining the
person giving the evidence and of making his
reply to the evidence, the officer making the
statement may certify that the evidence was so
taken, and that there was such opportunity as
aforesaid.
4.—(1.) Her Majesty the Queen in Council
may make, revoke, and alter Orders for the
purpose of this Act, and every such Order shall
be forthwith laid before both Houses of
Parliament, and published in the "London
Gazette."
(2.) Any such Order may contain any limitations, conditions, qualifications, and exceptions
which appear to Her Majesty in Council expedient for carrying into effect the object of
this Act.
5.—(1.) This Act shall apply to the animal
known as the fur-seal, and to any marine
animal specified in that behalf by an Order in
Council under this Act, and the expression
" seal" in this Act shaU be construed accordingly.
(2.) This Act shall apply- to the seas within
that part of the Pacific Ocean known as Behring
Sea, and within such other parts of the Pacific
Ocean as are north of the 42nd parallel of
latitude.
(3.) The expression " equipment" in this
Act includes any boat, tackle; fishing or shooting
instruments, and other things belonging to a
ship;
(4.) This Act may be cited as "The Seal
Fishery (North Pacific) Act."
H 2
 rr
52
(5.) "The Seal Fishery (Behring Sea) Act.        (5.) "The Seal Fishery (Behring Sea) Act,
1891,"  is hereby repealed, but  any Order in 1891,"  is hereby repealed, but any Order in
'Council in force under that Act shall continue Council in force under that Act shall continue
as if it had been made in pursuance of this as if it had been made in pursuance of this
Act. Act.
| [Notb.—Schedule not printed.] [Notb.—Schedule amended to agree with «ub>section§ 4 and 5
of section 1 of this Bill.]
  

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