No. 35. Sir L. S. Sackville West to Mr. Bayard. WASHINGTON, April 2, 1888. (Received April 3.) SIR: I have the honor to inform you that the Marquis of Salisbury has received intimation from the Canadian Government to the effect that orders have been issued by the United States Government for the capture of British ships fishing in Behring Sea, and that he has telegraphed to me to represent earnestly the extreme importance of enabling Her Majesty's Government to contradict this rumor. I have, etc., No. 36. L. S. SACKVILLE WEST. Sir L. S. Sackville West to Mr. Bayard. [Note verbale.] Her Majesty's Government have just received the particulars of the claims for compensation on account of British sealers seized and warned off by the United States authorities in Behring Sea. A just assessment of these claims appears to them difficult without investigation and verification, and they therefore wish to ascertain whether the United States Government would be disposed to agree to a mixed commission, to be restricted to inquiring in each case whether compensation is due and the amount of such compensation. WASHINGTON, April 18, 1888. No. 37. Mr. Bayard to Sir L. S. Sackville West. [Note verbale.] DEPARTMENT OF STATE, Washington, April 21, 1888. Responding to the note verbale of Sir Lionel West, dated the 18th instant, it is suggested on behalf of the United States that, as the cases of seizure of British sealing vessels in Behring Sea, therein referred to, are now in court pending an appeal from a judicial decision, it is preferable to await the judgment of the appellate court in the premises. No. 38. Sir L. S. Sackville West to Mr. Bayard. WASHINGTON, April 30, 1888. (Received May 2.) SIR: With reference to pending legal proceedings in the cases of British vessels seized by the United States authorities in Behring Sea, I have the honor to inform you that I am instructed by the Marquis of Salisbury to propose to the United States Government that the time limited for the prosecution of the appeals in these cases should, by consent, be extended for such a period as may permit of a settlement of the claims in question by diplomatic negotiation without prejudice to the ultimate legal remedy by appeal, should such negotiation be unsuccessful, and that the vessels and skippers should be at once released on security. It is understood, indeed, that permission has actually been given to the owners of these vessels to bond them, pending appeal, provided the sureties are citizens of the United States and resident therein, and under these circumstances the proposal for an extension of the time limited for such appeal is submitted, in view of any diplomatie negotiations which may ensue having for object satisfactory adjustment of all matters connected with these cases. I have, etc., L. S. SACKVILLE WEST. No. 39. Sir L. S. Sackville West to Mr. Bayard. WASHINGTON, May 25, 1888. (Received May 26.) SIR: On the 30th of April I had the honor to address you, as instructed by the Marquis of Salisbury, on the subject of the appeals pending in the cases of British vessels seized by the United States in Behring's Sea, and Her Majesty's Government have now requested me to ask you for a reply to my above-mentioned communication. I have, etc., No. 40. L. S. SACKVILLE WEST. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, MY DEAR SIR LIONEL: In regard to the inquiry contained in your note of the 25th instant, relating to the British vessels seized in Behring's Sea, I should be glad to have an interview with you this afternoon at 3 o'clock, should that hour be convenient for you to come to the Department. I am, etc., No. 41. T. F. BAYARD. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge your notes of the 30th ultimo and 25th instant, both relating to the appeals taken in the judicial court in Alaska from decrees in cases of British vessels seized by the United States revenue officials in Behring Sea under charges of having violated the laws of the United States regulating the killing of furseals. I must excuse myself for the delay in making reply to your note of April 30, which was caused by my desire to obtain from you a verbal explanation of what appeared to me an inadvertent expression contained therein, from which it appeared that the "skippers" were held under arrest as well as the sealing vessels. In my personal interview with you to-day it became mutually understood that there has been and is no such personal detention in any of the cases, but the proceedings have all been in rem against the vessels so employed and their outfits. The suggestion of the Marquis of Salisbury that the time limited for the prosecution of the appeals (entered already or proposed to be entered) in the cases referred to should be extended in order to give an opportunity for a diplomatic settlement will meet with favorable consideration within the limits of the statutory provision in relation to the docketing and prosecution of appeals. While it is not within the power of the Executive branch to alter or extend the statutory limitation in respect of the time of entering such appeals, yet so far as agreement of both parties may prevail in procuring postponements of the arguments and pleadings after the appeal has been duly taken, I apprehend that there will be every disposition on the part of the prosecution to give time for diplomatic arrangement. Accept, sir, etc.. No. 42. T. F. BAYARD. Sir L. S Sackville West to Mr. Bayard. [Memorandum.] WASHINGTON, May 28, 1888. (Received May 29.) In the cases of the condemned Behring Sea sealing vessels and their cargoes, it appears that the proctors for some (and possibly all) of the British sealers failed to take an appeal from the decrees of condemnation entered by the district court at Sitka; consequently they have lost the benefit of the Attorney-General's order permitting release of the property on bond pending decision of the appeals, and as the decrees have become final, have no other than a diplomatic remedy left. No. 43. Personal.] Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, DEAR SIR LIONEL: I have just sent you a reply to your notes (official) of April 30 and May 25 relating to appeals in the cases of seizure in Behring Sea. I have this moment received your note of to-day inclosing a memorandum to the effect that by reason of the failure of the proctors of the vessels so seized, no appeals from the decrees of condemnation have been entered, and the time fixed by law for doing so having expired, none other than relief through diplomatic channels remains. It is much to be regretted that the order of the Attorney-General respecting acceptance of security and release of these vessels had not been availed of by these parties. I will, however, write at once to my colleague, the Attorney-General, and see what remains to be done in his Department. Very truly, yours, No. 44. Mr. Bayard to Mr. Garland. T. F. BAYARD. DEPARTMENT OF STATE, SIR: I have just received a note from the British minister at this Capital, inclosing a memorandum in relation to the case of seizure of British vessels by United States revenue officials in Behring Sea. I inclose a copy of this memorandum and will ask you to inform me whether there still remains any mode by which the decrees of condemnation can be reviewed. I have, etc., No. 45. T. F. BAYARD. Mr. Garland to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, May 31, 1888. (Received June 1.) SIR: I have the honor to acknowledge the receipt of your letter of the 29th instant, inclosing a copy of a memorandum from the British minister, in relation to the cases of seizure of British vessels in Behring Sea, and to say that I know of no mode remaining by which the decrees of condemnation can be reviewed. Very respectfully, No. 46. A. H. GARLAND. Sir L. S. Sackville West to Mr. Bayard. BEVERLY, MASS., August 6, 1888. (Received August 8.) SIR: I have the honor to inform you that Her Majesty's Government have received intelligence to the effect that four British ships seized last year in Behring Sea are being taken to Port Townsend for sale by the United States authorities. It would seem that this action has been taken in consequence of the judge of the district court of Alaska having refused to bond the owners, upon the ground that their application was too late. The Marquis of Salisbury has now requested me to ask the United States Government to postpone the sale of the said vessels pending the settlement of the question of the legality of the seizure. I have, etc., L. S. SACKVILLE WEST. No. 47. Mr. Bayard to Mr. Jenks. DEPARTMENT OF STATE, SIR: I hand you inclosed a copy of a note this day received by me from Sir Lionel S. S. West, the British minister at this capital, in which on behalf of his Government he asks for a postponement of the sale of four British vessels seized last year in Behring Sea and condemned for violation of the United States Statutes regulating the killing of fur seal. Although the right of statutory appeal may have been lost by lapse of time, yet I suppose that the proceedings in execution of the decree are within the discretionary control of your Department, and unless the delay asked for should cause irreparable loss, I hope you may find the power and disposition to grant it. Will you acquaint me with your decision, and in case you have ordered a stay in the proceedings, to so inform me, that I can communicate it to the British minister? Very respectfully, yours, No. 48. T. F. BAYARD. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge your note, dated at Beverly, Mass., on the 6th instant, by which I am informed that in the case of four British sealing vessels condemned last year for killing fur seal in Alaskan waters in violation of the laws of the United States, you are instructed to ask for a postponement of the time for the sale of the vessels referred to, in execution of the decree. I have already transmitted a copy of your note to my colleague, the Attorney-General, and will communicate his reply as soon as it shall have been received. Accept, etc., T. F. BAYARD. No. 49. Mr. Jenks to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, August 10, 1888. (Received August 13.) SIR: I have the honor to acknowledge receipt of your letter of August 8, with its inclosure from the British minister, and to inform you H. Ex. 1, pt. 1-114 |