information. Meanwhile the vessels remain under seizure, the seal skins are forfeited, and the property of Canadian citizens forcibly withheld from them under circumstances which involve very great loss and damage. The minister further observes that with a view of guiding the action of Canadian citizens interested in sealing in the northern seas, repeated attempts were made previous to the commencement of the present season to obtain an official expression from the United States Government of the policy they proposed to pursue in their treatment of foreign vessels sealing in Behring Sea, but that these efforts proved altogether unavailing. From Mr. Bayard's communication of February 3, 1887, above referred to, the fair inference, however, was to be drawn that until the question in dispute between the two Governments as to the legality of the previous seizures had been finally disposed of, no further seizures would be made. And there is no doubt that on the strength of this communication, and in the absence of any explicit statement of policy to the contrary, Canadian citizens did, in the beginning of the present season, embark upon their customary sealing expeditions to Behring Sea, under the reasonable impression that they would not be interfered with by the United States authorities so long as they conducted their operations in the open sea; only, however, to find their vessels seized, their property confiscated, and their ventures completely ruined. It is respectfully submitted that this condition of affairs is in the highest degree detrimental to the interests of Canada, and should not be permitted to continue. For nearly two years Canadian vessels have been exposed to arbitrary seizure and confiscation in the pursuit of a lawful occupation upon the high seas, and Canadian citizens subjected to imprisonment and serious financial loss, while an important and remunerative Canadian industry has been threatened with absolute ruin. course of action has been pursued by United States officers in opposition to the contention in the past of their Government in regard to the waters in which these seizures have taken place, in violation of the plainest dictates of international law and in the face of repeated and vigorous protests of both the Canadian and British Govern ments. This The minister advises that Her Majesty's Government be again asked to give its serious and immediate attention to the repeated remonstrances of the Canadian gov ernment against the unwarrantable action of the United States in respect to Canadian vessels in Behring Sea, with a view to obtain a speedy recognition of its just rights and full reparation for the losses sustained by its citizens. The whole respectfully submitted. GEO. E. FOSTER, Minister of Marine and Fisheries. [Inclosure 2.] Mr. Hamley to Mr. Foster. CUSTOM-HOUSE, Victoria, July 26, 1887. DEAR SIR: Captain Carrol, master of the American steamer Olympian, has been taking parties of excursionists to Sitka and I asked him to see the judge, Mr. Dawson, and find out something we could trust respecting the seized vessels. Dawson told him he had received no orders whatever for the release of the vessels-they have not been sold-and remain as they were, under seizure. Captain Carrol told Dawson of the telegram dated last January, purporting to have been sent by Mr. Garland. Attorney-General at Washington, in the President's name, ordering the vessels to be released. Dawson said he had heard of it before and that it must have been, as he termed it, a "put up thing," as nothing of the kind had reached either himself or the United States marshal at Sitka. The serious part is that our people, trusting to the story of the order for release, have sent thirteen vessels again this year to the sealing grounds. One has been seized already and if the others fall in the way of the revenue cutters they will probably be seized also. I may perhaps learn something more from the admiral when he returns from Alaska, and if so I will write to you again. Yours, very truly, W. HAMLEY. [Inclosure 3.-Copy of telegram.] Judge LAFAYETTE DAWSON and M. D. BALL, WASHINGTON, D. C., January 26, 1887. United States district attorney, Sitka, Alaska: I am directed by the President to instruct you to discontinue any further proceedings in the matter of the seizure of the British vessels Carolena, Onward, and Thornton, and discharge all vessels now held under such seizure and release all persons that may be under arrest in connection therewith. BARTON ATKINS, [Inclosure 4.-Copy of order.] A. H. GARLAND, United States marshal for the district of Alaska: You are hereby directed to release the vessels Carolena, Onward, Thornton, and San Diego, which were seized in Behring Sea for violation of section 1956, United States Statutes, together with their tackle, apparel, skins, guns, ammunition, small boats, and everything pertaining to said vessels, this 19th day of February, 1887. LAFAYETTE DAWSON, District Judge, District of Alaska. SIR: On the 7th of August the master of the United States revenue cutter Rush, seized in Behring Sea, 60 miles from any land, the Canadian schooner Alfred Adams. Her register, clearance, guns, and ammunition, and the seal-skins she had taken, 1,386, were all taken from her and the vessel herself ordered to Sitka. No one from the revenue-cutter was put on board by Captain Shepard, and the master of the Alfred Adams, instead of going as he was ordered to Sitka, returned to Victoria, arriving here August 31. I forwarded the master's deposition before a notary public and what Captain Shepard is pleased to term a certificate of the schooners' seizure by himself. Mr. Drake, a solicitor, is at Sitka waiting for the cases to be heard in court. The trial was delayed for the arrival of the Rush, and she was expected about the beginning of this month. Mr. Drake will no doubt report to the minister of justice. I have, etc., W. HAMLEY. I also inclose a sealed letter, addressed by Captain Shepard to the district attorney and United States marshal at Sitka, which the master of the Alfred Adams brought down with him, and which you can deal with in any way you think fit. W. HAMLEY. [Inclosure 6.] CERTIFICATE OF SEIZURE OF THE ALFRED ADAMS. To whom it may concern: U. S. REVENUE STEAMER RUSH, This will certify that I have this day seized the British schooner Alfred Adams, of Victoria, B. C., Capt. W. H. Dyer, master, for violation of law, and have taken charge of his ship's papers, viz, register, shipping articles, clearance, bill of health, and log-book; also her arms and seal-skins. Very respectfully, L. G. SHEPARD, Captain, United States Revenue Marine. [Inclosure 7.] In the matter of the seizure of the sealing schooner "Alfred Adams," by the United States revenue-cutter Richard Rush. I, William Henry Dyer, of Victoria, B. C., master mariner, do solemnly and sincerely declare that (1) I am the master of the schooner Alfred Adams, of the port of Victoria, British Columbia, engaged in the business of catching seals. On the 6th of August, 1887, while on board the said schooner and in command of the same, being in latitude 54° 48' north, and longitude 167° 49' west, the United States revenue-cutter Richard Rush steamed alongside, lowered a boat commanded by the first lieutenant and boat's crew. The said lieutenant came on board the said Alfred Adams and ordered me to take the ship's register, log-book, articles, and all others of the ship's papers on board the Richard Rush. In obedience to his command, I took all said papers and accompanied the said lieutenant on board the Rush. When I arrived on board the Rush the captain of the Rush asked me what was my business in the Behring Sea. I replied, taking seals. He inquired how many skins I had; I replied, 1,386. He then said he would seize the ship, take the skins, arms, ammunition and spears. I stated I did not think the ship was liable to seizure, as we had never taken a seal within 60 miles of Oonalaska nor nearer St. Paul's than 60 miles south of it, and that we had never been notified that the waters were prohibited unless landing and taking them from the island of St. Paul. He stated he must obey the orders of his Government, and that our Government and his must settle the matter, and ordered me to proceed on board the said schooner and deliver up my arms, ammunition, and skins, and spears. He sent two boats belonging to the Rush, in charge of the first and second lientenants of the Rush, respectively, and manned with sailors from the Rush, who came on board the said schooner. (I returned in company with the first lieutenant.) They took from the said schooner 1,386 skins, 4 kegs powder (3 triple F and 1 blasting powder), 500 shells, 3 cases caps and primers, 9 breech-loading double-barreled shot-guns, 1 Winchester rifle, all in good order, and 12 Indian spears, and he then gave me a sealed letter addressed to the United States marshal and United States district attorney at Sitka. He also gave me an acknowledgment of the goods taken, and also gave me a certificate that the said schooner was under seizure, and after being alongside for about three and a half hours I received orders in writing to proceed to Sitka and report to the United States district attorney and marshal. We then parted company. My crew consisted of myself, mate, two seamen, one Chinese cook, and twenty-one Indians. Previous to the said seizure we had spoken the schooner Kate, of Victoria, and had been informed by the mate of that vessel that the crews (and particularly the Indians) taken to Sitka on schooners previously seized had been very badly treated. The Indians became very mutinons on learning that we were to proceed to Sitka and report to the United States authorities and declared they would not go to Sitka, and to avoid trouble I came to Victoria instead of going to Sitka. I arrived in Victoria on the 31st of August, 1887, at about 7 p. m. And I make this solemn declaration conscientiously, believing the same to be true, and by virtue of the oaths ordinance, 1869. W. H. DYER. Declared before me this 1st day of September, A. D. 1887, at Victoria, British Columbia. H. DALLAS HELMCKEN, A Notary Public in and for the Province of British Columbia. [Inclosure 8.] Messrs. Drake, Jackson, and Helmcken to Mr. Thompson. VICTORIA, B. C., September 3, 1887. SIR: We have the honor to inform you that we are in receipt of letter from our Mr. Drake, written from Sitka, under date August 25, in which he states that a telegram was received at Sitka, relative to the schooners seized last year, from the United States Attorney-General Garland directing their release and discharge of the men. The judge gave an order accordingly, which was afterwards rescinded on the assumption that the telegram was a forgery. No official letter of any sort, either confirming the telegram or respecting the affair, has been received at Sitka. The schooners now seized and at Sitka are the Anna Beck, W. P. Sayward, Dolphin, and Grace. The Alfred Adams was also seized. The trial of the present men, Mr. Drake states, would not take place until after the arrival of the revenue-cutter Rush; also that, judging from the past and the views held by the court, the result would most probably be the same, and urges that immediate steps should be taken to prevent the imprisonment of the masters, and that he would obtain declarations from the masters duly certified, and enter a protest at the trial. The Rush was not expected at Sitka until yesterday. Regarding the seizure of the Alfred Adams, we have to state that that schooner has arrived here safely. The declarations of her captain (Captain Dyer) and his men have been duly taken, which her owners, Messrs. Guttman and Frank, of this city, yesterday handed to Hon. Mr. Stanley, collector of customs, together with a sealed letter, which the commander of the Rush handed to Captain Dyer to be delivered to the district attorney at Sitka. These papers, no doubt, Mr. Stanley has already for warded to the proper department. We have since forwarded a copy of this information to the Right Honorable Sir John A. Macdonald, K. C. B., etc. We have, etc., DRAKE, JACKSON & HELMCKEN. [Inclosure 9.] Mr. Burbidge to Mr. Hardie. DEPARTMENT OF JUSTICE, CANADA, SIR: I have the honor to inclose for your information a copy of a letter which has been received by the minister of justice from Messrs. Drake, Jackson & Helmcken, in which they report with reference to the sealing vessels which have been seized in the Behring Sea by the United States authorities. I am to state that the minister of justice has taken no action with respect to this communication, but that he is of the opinion that the minister of marine and fisheries should at his earliest convenience take steps to communicate the substance thereof to the colonial office and to the British minister at Washington. I have, etc., No. 32. GEORGE W. BURBIDGE, D. M. J. Mr. Garland to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, March 9, 1888. SIR: In examining the question submitted to me informally by you on yesterday, as by the memorandum herewith returned, I beg leave to say that the bond indicated, I am of opinion, can be given in pursuance of rule 10 of the practice in admiralty, as prescribed by the Supreme Court in the collection of its rules published 1887, page 65. The doubt that I had in my mind when the question was first suggested arose not upon the mere matter of the general rules of practice in admiralty cases, but whether the bond could be give in cases for direct forfeiture, as these are. On examining the case of the United States v. Ames (99 U. S., p. 35, et seq.), Judge Clifford, in delivering the opinion of the court, on pages 39 and 40, states that the better opinion is that even in seizures for forfeiture the bond may be executed in the same manner, etc., and I think myself that that is the proper view of the question. The bond to be given must be after appraisement under order of the court where the property is held, and for the amount of that appraisement, conditioned for the return of the property after the final determination of the cases by the courts, and no other kind of bond would be sufficient. Very truly yours, A. H. GARLAND, [Inclosure.] MEMORANDUM. DEPARTMENT OF STATE, Canadian sealers seem required to carry appeal to United States court, or by failure to do that will forfeit bonds. Can they be allowed to bond vessels and skins, without obligation to appeal and pending definite settlement between United States and Great Britain? No. 33. Sir L. S. Sackville West to Mr. Bayard. WASHINGTON, March 26, 1888. (Received March 29.) SIR: With reference to the proposal that concerted action be taken by Great Britain, the United States, and other interested powers, in order to preserve from extermination the fur seals which at certain seasons are found in Behring Sea, I am requested by the Marquis of Salisbury to inform you that the Russian ambassador in London has been communicated with on the subject, and that he has referred to his Government for instructions. But in making this communication to you I am instructed to state that this action on the part of Her Majesty's Government must not be taken as an admission of the rights of jurisdiction in Behring Sea exercised there by the United States authorities during the fishing seasons of 1886-'87 and 1887-'88, nor as affecting the claims which Her Majesty's Government will have to present on account of the wrongful seizures which have taken place of British vessels engaged in the sealfishing industry. I have, etc., No. 34. L. S. SACKVILLE WEST. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 26th instant in which you inform the Department that the action of Her Majesty's Government in respect to the proposal of this Government, for an arrangement to protect the fur seal from extermination in Behring Sea, is not to be taken as an admission of the jurisdiction of the United States over Behring Sea, nor as affecting the claims which Her Majesty's Government will have to present on account of the seizure of certain British vessels in those waters. I have, etc., T. F. BAYARD. |