In the meantime, in acknowledging your note I take occasion to state my impression that if the three vessels seized and ordered to be released have not been repossessed by their owners, it is not because of any hindrance on the part of any official of this Government, or failure to obey the order for release, but probably because of the remoteness of the locality (Sitka) where they were taken after arrest for adjudication, and the proceedings having been in rem, the owners have not seen proper to proceed to Alaska and repossess themselves of the property in question.

Accept, sir, etc.,

T. F. BAYARD.

No. 23.

Sir L. S. Sackville West to Mr. Bayard.

WASHINGTON, October 12, 1887. (Received October 13.)

SIR: In connection with the representation which I was instructed to make to you respecting the seizure of the British schooners Onward, Carolena, and Thornton, by the United States cruiser Corwin, in Behring's Sea, I have the honor to inform you that I am now further instructed to make similar representations in the cases of the British Columbian vessels Grace, Dolphin, and W. P. Sayward, seized lately by the United States revenue-cutter Richard Rush, and at the same time, as in the cases of the Onward, Carolina, and Thornton, to reserve all rights to compensation on behalf of the owners and crews.

I am also instructed to point out to you that according to the deposi tion of the mate of the W. P. Sayward, a copy of which is inclosed, no seals had been taken by her crew in Behring's Sea, as is alleged in the libels of information filed on behalf of the United States district attor ney in the district court of Alaska.

I have, etc.,

[Inclosure.]

L. S. SACKVILLE WEST.

Deposition of Andrew Lang, mate of the schooner W. P. Sayward.

DECLARATION.

I, Andrew Lang, of Victoria, mate of the British schooner W. P. Sayward, do solemaly and sincerely declare

That I left Victoria, British Columbia, in the schooner W. P. Sayward on the 16th day of May, 1887, bound on a sealing voyage, with a crew of seven men and sixteen Indian hunters, with eight canoes.

We commenced sealing off Cape Scott, on the north of Vancouver Island, and killed 479 fur seals in the Pacific Ocean, and entered the Bering's Sea on July 2, 1887, passing between Umnak Island and the Island of the Four Mountains. The weather was very thick and foggy, and we did no sealing in Bering's Sea in consequence.

On the 9th July we were captured by the United States steamer Richard Rush, being then from 30 to 40 miles off the nearest land. We were taken in tow to Ounalaska, where we arrived on the 10th of July, and they laid us alongside the steamer St. Paul, belonging to the Alaska Commercial Company. They removed the seal skins and took them ashore to the wharf and put them in the company's warehouse, and they resalted the skins with salt taken from our vessel. They put an officer from the Rush on board and towed us out to sea and told us to go to Sitka.

We arrived there on the 22d July, and on the next day an investigation was held before Judge Dawson, who bound us over to appear on the 22d of August for trial.

The vessel was left in charge of the United States officers, and we were only allowed to remove our clothing. The Indians were left to find their way home as they could. They were about 700 miles from their villages.

I further say that when we were taken I spoke to the captain of the Rush, and told him we had not taken a seal in Behring's Sea. He replied, "I am sorry for you; I have to obey orders, and take everything I come across in Behring's Sea."

And I make this solemn declaration by virtue of the act passed in the thirty-seventh year of Her Majesty's reign, entitled “An act for the suppression of voluntary and extra-judicial oaths."

Taken and declared before me at Victoria this 8th day of August, 1887.

A. LANG.

M. W. TYRWHITT DRAKE,

No. 24.

Notary Public.

Mr. Garland to Mr. Bayard.

DEPARTMENT OF JUSTICE,

Washington, October 12, 1887. (Received October 13.)

SIR: In reply to your letter of the 3d instant, inclosing copy of let ter from Hon. L. S. Sackville West, with reference to the vessels Carolena, Onward, and Thornton, yesterday I received a letter from the mar shal, Barton Atkins, stating in substance that my telegram of the 26th of January had been thought to be not genuine, and had not been acted upon. To-day I sent him the following telegram:

As the seal skins at San Francisco are perishable, have sale made. Thirty days' leave is granted for that purpose. Let the vessels Carolena, Onward, and Thornton be released, as ordered in mine of the 26th of January ultimo.

I trust this will be obeyed, and the vessels released as directed.

Yours, etc.,

A. H. GARLAND,

Attorney-General.

No. 25.

Mr. Bayard to Sir L. S. Sackville West.

DEPARTMENT OF STATE,

Washington, October 13, 1887. SIR: Continuing my reply to your note of the 29th ultimo, inquiring the reason for the delay in complying with the order issued in January last for the release of British vessels seized last year in Behring Sea, I beg leave to inform you that I have this day received a communication from my colleague, the Attorney-General, informing me that his telegram to the United States marshal at Sitka, of January 26 last, ordering the release of the British schooners Onward, Carolena, and Thornton, owing to some misconception and mistake on the part of the official to whom it had been addressed, had not been acted upon.

A renewed order has gone forward for their release, as has been distinctly directed last January, and which I had no reason to doubt had been promptly obeyed.

In my note to you of the 11th instant, I stated it to be my impres sion that no hindrance to their repossession by the owners of the vessels named existed. This impression it now appears was not well founded; and as my object is to give you the fullest information within

my power in relation to all transactions touched in our correspondence, I hasten to communicate the latest report made to me from the Department of Justice.

I take leave also to express my regret that any misconception of the intentions and orders of the President should have delayed their prompt execution.

I have, etc.,

No. 26.

T. F. BAYARD.

Mr. Bayard to Sir L. S. Sackville West.

DEPARTMENT OF STATE,
Washington, October 13, 1887.

SIR: I have the honor to acknowledge your note of yesterday, in relation to the cases of seizure of the British schooners Onward, Carolena, and Thornton, in Behring Sea, by United States revenue vessels, in August, 1886, and also your instructions to include by similar representations the cases of the British Columbian vessels Grace, Dolphin, and W. P. Sayward, seized by the United States revenue authorities in Behring Sea, with notification that Her Britannic Majesty's Government reserves all right to compensation on behalf of the owners and crews of the above-mentioned vessels. The affidavit of the mate of the W. P. Sayward has been read, and the facts therein stated will be at once investigated.

I have, etc.,

No. 27.

T. F. BAYARD.

Mr. Bayard to Mr. Graland.

[Extract.]

DEPARTMENT OF STATE,
Washington, October 13, 1887.

SIR: I beg to acknowledge your communication of yesterday's date, by which I am surprised to learn of the failure of the United States marshal at Sitka to obey the instruction of the President of January 26 last, for the immediate release of the British sealers Onward, Carolena, and Thornton. I have felt it to be my duty at once to communicate this information to the British minister at this capital.

I have, etc..

No. 28.

T. F. BAYARD.

Mr. Garland to Mr. Bayard.

DEPARTMENT OF JUSTICE,

Washington, October 15, 1887. (Received October 17.)

SIR: I have the honor to say, in reply to your letter of the 13th instant, in relation to the release of the vessels Carolena, Onward, and Thornton, that before your request was received I had repeated the in

structions by telegraph to the marshal for Alaska, and since its receipt have, as you suggested, supplemented the telegram by a letter, both of these communications directing that the instructions of January last be carried out.

Very respectfully,

No. 29.

A. H. GARLAND.

Sir L. S. Sackville West to Mr. Bayard.

WASHINGTON, October 19, 1887. (Received October 21.)

SIR: I have the honor to inform you that I am instructed by the Marquis of Salisbury, Her Majesty's principal secretary of state for foreign affairs, to protest against the seizure of the Canadian vessel Alfred Adams, in Behring Seas, and against the continuation of simi lar proceedings by the United States authorities on the high seas. I have, etc.

No. 30.

L. S. SACKVILLE WEST.

Mr. Bayard to Sir L. S. Sackville West.

DEPARTMENT OF STATE,

Washington, October 22, 1887.

SIR: I had the honor of receiving last evening your note of the 19th instant, conveying the instruction to you by the Marquis of Salisbury that you should protest against the seizure of the Canadian vessel Alfred Adams in Behring Sea, and against the continuance of similar proceedings by the United States authorities on the high seas; and I have, etc., T. F. BAYARD.

No. 31.

Sir L. S. Sackville West to Mr. Bayard.

WASHINGTON, October 26, 1887. (Received October 27.)

SIR: With reference to my note of the 19th instant, protesting against the seizure of the British schooner Alfred Adams, I have the honor to transmit to you herewith copy of the report of the Canadian minister of marine and fisheries and other papers relating thereto.

I have, etc.,

L. S. SACKVILLE WEST.

[Inclosure 1.1

report of George E. FOSTER, CANADIAN MINISTER OF MARINE AND FISHERIES, DEPARTMENT OF FISHERIES-CANADA, Ottawa, September 15, 1887.

With reference to previous correspondence concerning the seizure and detention of Canadian sealing vessels by the United States authorities in Behring Sea, the minister

of marine and fisheries begs to submit for the consideration of his excellency the governor-general in council, the following papers:

(a) A letter from Collector Hamley, of Victoria, B. C., dated September 1, 1887, inclosing certain papers in reference to the seizure of the Canadian sealing schooner Alfred Adams in Behring Sea.

(b) The declaration of William Henry Dyer, of Victoria, British Columbia, master of the Canadian schooner Alfred Adams;

(c) A certificate of seizure of the Alfred Adams, signed by L. G. Shepard, captain of the United States revenue steamer Rush.

(d) A sealed and unopened letter directed to the United States district attorney and United States marshal, Sitka, Alaska.

(e) A letter from Collector Hamley, of Victoria, British Columbia, dated July 26, relating to the detention of the Canadian schooners Onward, Carolena, and Thornton, seized in August, 1886, by the United States cutter Corwin in Behring Sea.

f) Copy of a telegram and order purporting to be from the United States AttorneyGeneral and Judge Dawson, respectively, relating to the release of the above-named vessels, and

(9) A letter dated September 3, 1887, from the law firm of Drake, Jackson & Helmcken, of Victoria, containing additional information relating to the same.

the

From the above-mentioned papers it appears that on the 6th August, 1887, Canadian schooner Alfred Adams, whilst engaged in catching seals in the open sea more than 50 miles distant from the nearest land, was forcibly seized by an armed vessel of the United States, her ship's papers taken, her cargo of seal skins, 1,386 in number, together with all her arms, ammunition, and fishing implements transferred to the United States cutter, and her captain ordered to proceed, with sealed orders, to Sitka, and to deliver himself, his vessel and men, into the hand of the United States marshal at that place.

This treatment of the Alfred Adams whilst peaceably pursuing her lawful calling on the high seas is but a repetition of the unjustifiable seizures of Canadian vessels made by the United States authorities in Behring Sea, and which have been dealt with at length in previous reports to council.

The minister, therefore, does not consider it necessary in this instance to traverse the ground already so fully covered, and recommends that a copy of this report, with the papers attached, be forwarded to Her Majesty's Government for their earnest and immediate consideration, and that a copy thereof be sent to the British minister at Washington, together with the sealed letter given by Captain Shepard to the master of the Adams, with the request that it be forwarded to Mr. Secretary Bayard.

With reference to the attached papers E, F, and G, the minister observes that from the first (E) it appears that inquiries made by the collector of customs at Victoria, British Columbia, in July last, resulted in his obtaining the information that Judge Dawson had up to that date received no orders for the release of the Canadian sealing vessels seized in 1886, that the vessels had not been sold, and remained still under seizure, and that Judge Dawson, when questioned as to the report that a telegram had been sent to him by the Attorney-General of the United States ordering the release of the vessels, had replied that he had heard of this report before, but that nothing of the kind had reached either himself or the United States marshal at Sitka. The paper marked F purports to be a copy of a telegram dated January 26, 1887, from the United States Attorney-General Garland to Judge Dawson, ordering him to release the vessels seized in August preceding, and of an order founded thereon from Judge Dawson to the United States marshal at Sitka bearing date February 19, 1887, directing him to "release the Carolena, Onward, Thornton, and San Diego, together with all their tackle, apparel, skins, guns, ammunition, small boats, and everything pertaining to said vessels." The third paper, marked G, is a copy of a letter from the law firm of Drake, Jackson & Helmcken, of Victoria, British Columbia, to the minister of justice, informing him that they are advised that a telegram was received by Judge Dawson from the United States Attorney-General, ordering the release of the vessels above referred to; that Judge Dawson did issue an order accordingly, but that he afterwards rescinded the order on the assumption that the telegram was a forgery, and that since "no official letters of any sort, either confirming the telegram or respecting the affair, has been received at Sitka."

The minister observes that if the information conveyed in the above-mentioned papers is correct, of which there appears no reasonable doubt, it reveals a state of affairs by no means satisfactory.

On the 3d of February, 1887, Mr. Secretary Bayard informed the British minister at Washington that "orders have been issued by the President's direction for the discontinuance of all pending proceedings, the discharge of the vessels referred to and the release of all persons under arrest in connection therewith." A telegram in accordance with Mr. Bayard's communication appears to have been sent to Alaska, and an order based thereon to have been issued by the district judge, but to have been afterwards rescinded, and no further action has been taken up to date of latest