therein in the same manner and with the like effect as if such cases had arisen within the district or territory where the proceedings are brought. SEC. 1958. In all cases of fine, penalty or forfeiture embraced in the act approved the third March, one thousand seven hundred and ninety-seven, chapter thirteen, or mentioned in any act in addition to or amendatory of such act, that have occurred or may occur in the collection district of Alaska, the Secretary of the Treasury is authorized, if, in his opinion, the fine, penalty or forfeiture was incurred without willful negligence or intention of fraud, to ascertain the facts in such manner and under such regulations as he may deem proper without regard to the provisions of the act above referred to, and upon the facts so to be ascertained he may exercise all the power of remission conferred upon him by that act, as fully as he might have done had such facts been ascertained under and according to the provisions of that act. SEC. 1959. The islands of Saint Paul and Saint George, in Alaska, are declared a special reservation for Government purposes; and until otherwise provided by law it shall be unlawful for any person to land or remain on either of those islands, except by the authority of the Secretary of the Treasury; and any person found on either of those islands, contrary to the provisions hereof, shall be summarily removed; and it shall be the duty of the Secretary of War to carry this section into effect. SEC. 1960. It shall be unlawful to kill any fur-seal upon the islands of Saint Paul and Saint George, or in the waters adjacent thereto except during the months of June, July, September, and October in each year; and it shall be unlawful to kill such seals at any time by the use of fire-arms, or by other means tending to drive the seals away from those islands, but the natives of the islands shall have the privilege of killing such young seals as may be necessary for their own food and clothing during other months, and also such old seals as may be required for their own clothing and for the manufacture of boats for their own use; and the killing in such cases shall be limited and controlled by such regulations as may be prescribed by the Secretary of the Treasury. SEC. 1961. It shall be unlawful to kill any female seal, or any seal less than one year old, at any season of the year, except as above provided; and it shall also be unlawful to kill any seal in the waters adjacent to the islands of Saint Paul and Saint George, or on the beaches, cliffs, or rocks where they haul up from the sea to remain; and every person who violates the provisions of this or the preceding section shall be punished for each offense by a fine of not less than two hundred dollars nor more than one thousand dollars, or by imprisonment not more than six months, or by both such fine and imprisonment; and ali vessels, their tackle, apparel, and furniture, whose crews are found engaged in the violation of either this or the preceding section, shall be forfeited to the United States. SEC. 1962. For the period of twenty years from the first July, one thousand eight hundred and seventy, the number of fur seals which may be killed for their skins upon the island of Saint Paul is limited to seventy-five thousand per annum; and the number of fur-seals which may be killed for their skins upon the island of Saint George is limited to twenty-five thousand per annum; but the Secretary of the Treasury may limit the right of killing, if it becomes necessary for the preservation of such seals, with such proportionate reduction of the rents reserved to the Government as may be proper; and every person who knowingly violates either of the provisions of this section shall be punished as provided in the preceding section. SEC. 1963. When the lease heretofore made by the Secretary of the Treasury to "The Alaska Commercial Company" of the right to engage in taking fur-seals on the islands of Saint Paul and Saint George, pursuant to the act of the first July, chapter one hundred and eighty-nine, or when any future similar lease expires, or is surrendered, forfeited, or terminated, the Secretary shall lease to proper and responsible parties, for the best advantage of the United States, having due regard to the interests of the Government, the native inhabitants, their comfort, maintenance, and education, as well as to the interests of the parties heretofore engaged in trade and the protection of the fisheries, the right of taking fur-seals on the islands herein named, and of sending a vessel or vessels to the islands for the skins of such seals, for the term of twenty years, at an annual rental of not less than fifty thousand dollars, to be reserved in such lease and secured by a deposit of United States bonds to that amount; and every such lease shall be duly executed in duplicate, and shall not be transferable. SEC. 1964. The Secretary of the Treasury shall take from the lessees of such islands in all cases a bond, with securities, in a sum not less than five hundred thousand dollars, conditioned for the faithful observance of all the laws and requirements of Congress, and the regulations of the Secretary of the Treasury touching the taking of fur-seals and the disposing of the same, and for the payment of all taxes and dues accruing to the United States connected therewith. SEC. 1965. No persons other than American citizens shall be permitted, by lease or otherwise, to occupy the islands of Saint Paul and Saint George, or either of them, for the purpose of taking the skins of fur seals therefrom, nor shall any foreign ves sels be engaged in taking such skins; and the Secretary of the Treasury shall vacate and declare any lease forfeited if the same be held or operated for the use, benefit or advantage, directly or indirectly, of any persons other than American citizens. SEC. 1966. Every lease shall contain a covenant on the part of the lessee that he will not keep, sell, furnish, give or dispose of any distilled spirits or spirituous liquors on either of those islands to any of the natives thereof, such person not being a physician and furnishing the same for use as medicine; and every revenue officer, officially acting as such on either of the islands, shall seize and destroy any distilled or spirituous liquors found thereon; but such officer shall make detailed reports of his doings in that matter to the collector of the port. SEC. 1967. Every person who kills any fur seal on either of those islands, or in the waters adjacent thereto, without authority of the lessees thereof, and every person who molests, disturbs, or interferes with the lessees, or either of them, or their agents or employés, in the lawful prosecution of their business, under the provisions of this chapter, shall for each offense be punished as prescribed in section 1961; and all vessels, their tackle, apparel, appurtenances, and cargo, whose crews are found engaged in any violation of the provisions of sections 1965 to 1868, inclusive, shall be forfeited to the United States. SEC. 1968. If any person or company, under any lease herein authorized, knowingly kills, or permits to be killed, any number of seals exceeding the number for each island in this chapter prescribed, such person or company shall, in addition to the penalties and forfeitures herein provided, forfeit the whole number of the skins of seals killed in that year, or, in case the same have been disposed of, then such person or company shall forfeit the value of the same. SEC. 1969. In additional to the annual rental required to be reserved in every lease, as provided in section nineteen hundred and sixty-three, a revenue tax or duty of two dollars is laid upon each fur-seal skin taken and shipped from the islands of Saint Paul and Saint George during the continuance of any lease, to be paid into the Treasury of the United States; and the Secretary of the Treasury is empowered to make all needful regulations for the collection and payment of the same, and to secure the comfort, maintenance, education, and protection of the natives of those islands, and also to carry into full effect all the provisions of this chapter except as otherwise prescribed. SEC. 1970. The Secretary of the Treasury may terminate any lease given to any person, company, or corporation on full and satisfactory proof of the violation of any of the provisions of this chapter or the regulations established by him. SEC. 1971. The lessees shall furnish to the several masters of vessels employed by them certified copies of the lease held by them respectively, which shall be presented to the Governmeut revenue officer for the time being who may be in charge at the islands as the authority of the party for landing and taking skins. SEC. 1972. Congress may at any time hereafter alter, amend, or repeal sections from nineteen hundred and sixty to nineteen hundred and seventy-one, both inclusive, of this chapter. SEC. 1973. The Secretary of the Treasury is authorized to appoint one agent and three assistant agents, who shall be charged with the management of the seal fisheries in Alaska, and the performance of such other duties as may be assigned to them by the Secretary of the Treasury. SEC. 1974. The agent shall receive the sum of ten dollars each day, one assistant agent the sum of eight dollars each day, and two assistant agents the sum of six dollars each day while so employed; and they shall also be allowed their necessary traveling expenses in going to and returning from Alaska, for which expenses vonchers shall be presented to the proper accounting officers of the Treasury, and such expenses shall not exceed in the aggregate six hundred dollars each in any one year. SEC. 1975. Such agents shall never be interested, directly or indirectly, in any lease of the right to take seals, nor in any proceeds or profits thereof, either as owner, agent, partner, or otherwise. SEC. 1976. Such agents are empowered to administer oaths in all cases relating to the service of the United States, and to take testimony in Alaska for the use of the Government in any matter concerning the public revenues. No. 13. Sir L. S. Sackville West to Mr. Bayard. WASHINGTON, July 8, 1887. (Received July 9.) SIR With reference to your note of the 12th April, stating that the records of the judicial proceedings in the cases of the British vessels seized in the Bering Sea had been received, I have the honor to inform you that the Marquis of Salisbury has instructed me to request you to be good enough to furnish me with a copy of the same for the information of Her Majesty's Government. I have, etc., No. 14. L. S. SACKVILLE WEST. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, Washington, July 11, 1887. SIR: Complying with the request contained in your note of the 8th instant, conveyed to me under the instructions of your Government, I have the honor to inclose you two printed copies of the judicial proceedings in the United States district court for the District of Alaska in the several cases of libel against the schooners Onward, Carolena, and Thornton, for killing fur seals in Alaskan waters. Accept, etc., T. F. BAYARD. [Inclosure.] Transcript of record in the case of the schooner Carolena. The United States, libellant, vs. The Schooner Carolena, her tackle, etc. On libel of information for being engaged in the business of killing fur seal in Alaska. On the 28th day of August, 1886, was filed the following libel of information. IN THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF ALASKA, AUGUST SPECIAL TERM, 1886. To the honorable LAFAYETTE DAWSON, Judge of said District Court: The libel of information of M. D. Ball, attorney for the United States for the district of Alaska, who prosecutes on behalf of said United States, and being present here in court in his proper person, in the name and on behalf of the said United States, against the schooner Carolena, her tackle, apparel, boats, cargo, and furniture and against all persons intervening for their interest therein, in a cause of forfeiture, alleges and informs as follows: That Charles A. Abbey, an officer in the Revenue Marine Service of the United States, and on special duty in the waters of the District of Alaska, heretofore, to wit, on the first day of August, 1886, within the limits of Alaska Territory and in the waters thereof, and within the civil and judicial district of Alaska, to wit in the waters of that portion of Bering's Sea belonging to said district, on waters navigable from the sea by vessels of ten or more tons burden, seized the ship or vessel commonly called a schooner, the Carolena, her tackle, apparel, boats, cargo, and furniture, being the property of some person or persons to said attorney unknown, as forfeited to the use of the United States, for the following causes: That the said vessel was found engaged in killing fur seal within the limits of Alaska Territory and in the waters thereof in violation of section 1956 of the Revised Statutes of the United States. And the said attorney saith that all and singular the premises are and were true and within the admiralty and maritime jurisdiction of this court, and that by reason thereof, and by force of the statutes of the United States in such cases made and provided, the aforementioned and described schooner or vessel, being a vessel of over twenty tons burden, her tackle, apparel, boats, cargo, and furniture, became and are forfeited to the use of the said United States, and that said schooner is now within the district aforesaid. Wherefore the said attorney prays that the usual process and monition of this honorable court issue in this behalf, and that all persons interested in the beforementioned and described schooner or vessel may be cited in general and special to answer the premises, and all due proceedings being had, that the said schooner or vessel, her tackle, apparel, boats, cargo, and furniture, may, for the causes aforesaid and others appearing, be condemned by the definite sentence and decree of this honorable court, as forfeited to the use of the United States, according to the form of the statutes of the said United States in such case made and provided. M. D. BALL, U. S. Dist. Attorney for the Dist. of Alaska. Thereupon issued forthwith the following monition: DISTRICT OF ALASKA, SCT. The President of the United States to the Marshal of the District of Alaska, greeting: Whereas a libel of information hath been filed in the district court of the United States for the District of Alaska on the 28th day of August, in the year 1886, by M. D. Ball, United States attorney for the District aforesaid, on behalf of the United States of America, against the schooner Carolena, her tackle, apparel, boats, cargo, and furniture, as forfeited to the use of the United States for the reasons and causes in the said libel of information mentioned, and praying the usual process and moni tion of the said court in that behalf to be made, and that all persons interested in the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, etc., may be cited in general and special to answer the premises, and, all proceedings being had, that the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, may, for the causes in the said libel of information mentioned, be condemned as forfeited to the use of the United States. You are therefore hereby commanded to attach the said schooner Carolena, her tackle, apparel, boats, cargo, and furniture, to detain the same in your custody until the further order of the court respecting the same, and to give notice to all persons claiming the same, or knowing or having anything to say why the same should not be condemned and sold pursuant to the prayer of the said libel of information, that they be and appear before the said court to be held in and for the district of Alaska, on the 4th day of October, 1886, at 10 o'clock in the forenoon of the same day, if the same shall be a day of jurisdiction, otherwise on the next day of jurisdiction thereafter, then and there to interpose a claim for the same and to make their allegations in that behalf. And what you shall have done in the premises do you then and there make return thereof together with this writ. Witness the honorable Lafayette Dawson, judge of said court, and the seal thereof affixed at the city of Sitka in the district of Alaska, this 28th day of August, in the year of our Lord one thousand eight hundred and eighty six and of the Independence of the United States the one hundred and eleventh. [SEAL.] ANDREW T. Lewis, Clerk. On the 6th day of September, 1886, was filed the following affidavit: IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA, UNITED STATES OF AMERICA. The United States of America vs. The Schooner Carolena. UNITED STATES OF AMERICA, District of Alaska, 88: C. A. Abbey, being duly sworn, deposes and says: That he is, and at all times herein mentioned was, a captain in the United States Revenue Marine, and in command of the United States revenue cutter Corwin. That affiant and the following-named officers and men of said Corwin are material and necessary witnesses for the United States in the above-entitled action, to wit: J. C. Cantwell, lieutenant; Thos. Singleton, seaman; J. U. Rhodes, lieutenant; T. Lorensen, seaman; and J. H. Douglass, pilot. That owing to scarcity of provisions and fuel upon said Corwin, the said Corwin and deponent and said witnesses will be obliged to and are about to go to sea within five days, and out of the district in which the said case is to be tried, and to a greater distance than one hundred miles from the place of trial of said action before the time of said trial. That there is urgent necessity for taking the depositions of affiant and said witnesses forthwith. That James Blake was the mate of said schooner at the time of its seizure, and is the only person or officer of said schooner now within the jurisdiction of this court, or upon whom service of notice can be made as affiant is informed and believes. C. A. ABBEY. Subscribed and sworn to before me this 6th day of September, 1886. Clerk. On the same day was entered the following order: In the matter of the United States vs. Schooner Thornton, case No. 50; schooner Carolena case No. 51; schooner Onward, case No. 49; schooner San Diego, case No. 52. In the above-entitled actions urgent necessity and good cause appearing therefor from the affidavits of C. A. Abbey, now, on motion of M. D. Ball, United States district attorney for Alaska, and counsel for the United States herein, it is ordered that the depositions of the witnesses C. A. Abbey, J. W. Howison, J. C. Cantwell, J. U. Rhodes, J. H. Douglass, C. T. Winslow, Albert Leaf, C. Wilhelm, Thos. Singleton, and T. Lorensen be taken before the clerk of the said district court on Tuesday, the 7th day of September, 1886, at 7 o'clock p. m., or as soon thereafter as the matter can be reached at the office of said clerk at Sitka, Alaska, and if not completed on said evening, then the taking of said depositions to be continued by said clerk, from time to time until completed. That notice of the time and place of taking said depositions be served by the marshal of said district on Hans Guttormsen, James Blake, Daniel Munroe, and Charles E. Raynor, and upon W. Clark, esq., attorney-at-law, on or before September 7th at 12 m., and that such shall be due and sufficient and reasonable notice of the taking of said depositions. Done in open court this 6th day of September, 1886. Now at this time W. Clark, esq., being present in court, waives service of notice. On the 7th day of September, 1886, was filed the following notice and return thereof: IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRCT OF ALASKA, UNITED STATES OF AMERICA. The United States vs. The schooner Carolena. To James Blake greeting: You are notified that by order of Lafayette Dawson, judge of said district court, that the depositions of C. A. Abbey, J. C. Cantwell, J. U. Rhodes, and J. H. Douglass will be taken before the clerk of said district court at his office at Sitka in said district on Tuesday, September 7th, 1886, at 7 o'clock p. m., or as soon thereafter as the matter can be reached, and if not completed on said evening, the taking of said depositions will be continued by said clerk from time to time until completed. Dated September 7th, 1886. UNITED STATES OF AMERICA, District of Alaska, 88: ANDREW T. LEWIS, Clerk. This is to certify that on the 7th day of September, 1886, before 12 o'clock noon of that day, I served the annexed notice on the within-named James Blake, at Sitka, district of Alaska, by then and there personally delivering to said James Blake a copy of said notice. And then and there gave him the privilege of being present at the taking of said depositions. Dated September 9th, 1886. BARTON ATKINS, On the 9th day of September, 1886, were filed the following depositions: IN THE UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ALASKA, UNITED STATES OF AMERICA. The United States of America vs. The schooner Carolena. No. 51. Deposition of witnesses sworn and examined before me on the 7th day of September, A. D. 1886, at 7 o'clock p. m. of said day, and on September 8th and 9th, 1886, thereafter, at the clerk's office of said court in Sitka, district of Alaska, United States of America, by virtue and in pursuance of the order of said court, made and entered in |