that in pursuance of the request therein conveyed I have directed by telegram and letter the postponement of the sale of the four British vessels seized in Behring Sea, and instructed the United States marshal in charge to receive bonds in lieu of the vessels. SIR: With further reference to your note of the 6th instant, convey. ing the request of the Marquis of Salisbury for a postponement of the sale of four British vessels seized in Behring Sea last year, I have now the honor to state that I have just received a letter from the Acting Attorney-General, informing me that, in pursuance of the request so made, he has directed by telegram and letter the postponement of the sale of the vessels in question and has also instructed the United States marshal in charge to receive bonds in lieu of the vessels. Accept, etc., T. F. BAYARD. No. 51. Sir L. S. Sackville West to Mr. Bayard. BEVERLY, MASS., August 16, 1888. (Received August 21.) SIR: I have the honor to acknowledge the receipt of your note of the 13th instant, informing me that in pursuance of the request of the Marquis of Salisbury, made through me, the Acting Attorney-General has directed by telegram and letter the postponement of the sale of the vessels in question, and has also instructed the United States marshal in charge to receive bonds in lieu of the vessels. I have, etc., No. 52. L. S. SACKVILLE WEST. Mr. Jenks to Mr. Bayard. DEPARTMENT of Justice, Washington, September 3, 1888. (Received September 4.) SIR: I have the honor to send you copies of letters of the 23d and 25th ultimo from Mr. Atkins, United States marshal for the district of Alaska, and to ask for an expression of your views upon the propriety of an immediate sale of the vessels mentioned by the marshal on consideration of the statements he makes in relation to them. Very respectfully, G. A. JENKS, Acting Attorney-General. [Inclosure No. 1.] Mr. Atkins to Mr. Garland. DISTRICT OF WASHINGTON TERRITORY, SIR: In reference to the four condemned British vessels now in my custody, I have the honor to report: That the owner of the schooners Anna Beck, Grace, and Dolphin claims that the appraisement made at Sitka one year ago was at the time excessive, and that their value, on account of the inclement climate of Alaska, has in the meantime been constantly depreciating, and therefore declines to bond them at such appraisement, but requests a new appraisement, which, if not granted, they desire the sale to proceed. The owner says, however, that he will furnish satisfactory bonds for the schooner Anna Beck at her present appraised value if it can be effected, subject to a final settlement of the matter, and without the expense of an appeal to the Supreme Court. Having myself a practical knowledge of the value of such property, I fully coincide with the claimant that the valuation put on the schooners Grace and Dolphin at Sitka was excessive. The schooner Ada is owned and registered at Shanghai, China, and her owner, whoever he may be, has not as yet made claim or appearance. In the meantime the vessels are remote from my district, thus greatly increasing the responsibility of their safe custody, and the expense thereof constantly increasing. I desire to be instructed, in case vessels are not soon sold or bonded, what further action to take in reference to returning to my district and leaving the vessels in charge of a special deputy. Very respectfully, Inclosure No. 2.1 Mr. Atkins to Mr. Garland. BARTON ATKINS, DISTRICT OF ALASKA, OFFICE OF UNITED STATES MARSHAL, SIR: In view of the present situation relative to the British vessels in my custody, now moored at Port Townsend, W. T., I beg leave to stato as follows: That all of said vessels, owing to the length of time they have been out of commission, are in a dilapidated condition, and that their depreciation in value is constant and rapid. That they are small in size, the combined tonnage of the four being only 249 tons. That the owner of the Anna Beck, Grace, and Dolphin, Capt. J. D. Warren, of Victoria, B. C., has notified me that he prefers that the Grace and Dolphin should be sold without further delay, and the Anna Beck also, unless he can bond that vessel without instituting an appeal to the Supreme Court or making a journey to Sitka for that purpose. That if longer held in custody they will have to be removed from Port Townsend to some place secure from the fall and winter winds for permanent moorings. All of which will be attended by much greater expense comparatively than has heretofore been required for their safe custody. I do not hesitate to recommend, in interest of all concerned, that the vessels, if not bonded, should be sold without delay. It is my purpose soon to repair to Port Townsend, there to await Department orders. Very respectfully, your obedient servant, BARTON ATKINS, United States Marshal. No. 53. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, Washington, September 10, 1888. SIR: Referring to previous correspondence in relation to the sale of the four British vessels condemned for taking seals illicitly in Behring Sea in 1887, I have the honor to inform you that I have received a communication from the Acting Attorney-General of the 3d instant, in which an expression of my views is requested upon the propriety of an immediate sale of the vessels in view of certain statements made in regard to them. As an order for the postponement of the sale and the bonding of the vessels was issued by the Department of Justice, in compliance with the request of Lord Salisbury communicated to this Department, I inclose herewith a copy of the letter of the Acting Attorney-General, together with its inclosures, and will be glad to learn whether, in the light of the facts now disclosed, it is still the desire of his lordship that the sale should not be proceeded with. I have, etc., No. 54. T. F. BAYARD. Mr. Jenks to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, September 26, 1888. (Received September 27.) SIR: I have the honor to transmit herewith a copy of a letter of the 7th instant, from the United States attorney for Alaska, relative to the bonding of the condemned sealing vessels Dolphin, Grace, Anna Beck, and Ada, also a copy of a letter of the 10th instant from T. J. Hamilton, United States marshal for Washington Territory, whom Marshal Atkins, of Alaska, has appointed as his deputy in the case. Hamilton reports that the four vessels are safely moored at Port Townsend, and will be held subject to further instructions touching their sale. Suggesting that as the season advances the probability of realizing a fair price for the vessels will be correspondingly diminished, and that the expenses attending their retention by the marshal are constantly accruing, I respectfully refer the correspondence for your consideration and such recommendations as you deem proper as to the propriety of their speedy disposal by sale. Very respectfully, G. A. JENKS, Acting Attorney-General. [Inclosure No. 1.] Mr. Hamilton to Mr. Garland. DISTRICT OF WASHINGTON TERRITORY. SIR: I have the honor to state that on the 7th instant Barton Atkins, esq., United States marshal for Alaska, transferred to me the custody of the condemned schooners Grace, Dolphin, Anna Beck, and Ada, and appointed me his deputy in the usual form, and delivered to me the original writs of venditioni exponas issued from the United States district court of Alaska for the sale of said schooners. The vessels are safely moored at Port Townsend, and will be held subject to instructions from the Department touching their sale, or other disposition of the same. Very respectfully, T. J. HAMILTON, [Inclosure No. 2.] Mr. Grant to Mr. Garland. DISTRICT OF ALASKA, DISTRICT ATTORNEY'S OFFICE, SIR: Yours of August 10, received and noted, directing me to take such steps as will lead to the bonding of the four English vessels, Dolphin, Grace, Anna Beck, and Ada. I don't know that you understand the situation of these cases. No defense was made in them, except the demurrer of Mr. Drake's, which was never filed at a pleading. No claim was ever made on the records. In fact no action ever taken that justified them in appearing at all. Two terms of court have passed since, and no action taken. Of course if they come in and ask to appear and make defense and to bond, etc., I will act according to your suggestion; but it will be a queer-looking record if the court allows them to come in now. The property was all appraised. I am informed that they bonded one vessel on the sound, but refused to bond the others because appraised too high. In the meantime the order for sale will be recalled when the marshal returns. Mr. Drake filed a stipulation with Mr. Delaney, acting for the United States, that if a decree of forfeiture was entered the vessel should be sold below. That is the only paper filed. Drake wouldn't let his name appear as attorney. If the parties appear here, however, I will try and help them make a record as desired. Respectfully, No. 55. WHIT. M. GRANT, District Attorney. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, Washington, September 27, 1888. SIR: Recurring to the subject of the four British vessels condemned for taking seals illicitly in Behring Sea in 1887, I have the honor to inform you that I have received from the Acting Attorney-General a letter dated the 26th instant, inclosing copies of letters from the United States attorney for Alaska and the United States marshal for Washington Territory of the 7th and 10th instants, respectively, in relation to the same matter. The four vessels, the schooners Grace, Dolphin, Anna Beck, and Ada, have been transferred by the United States marshal for Alaska to the custody of the United States marshal for Washington Territory, and are now at Port Townsend, subject to instructions from the Department of Justice touching their sale or other disposition. The Department is informed that none of the vessels have been bonded, and that the owners of three of them have refused to take that step, on the ground that their appraisement was too high. As the season advances the probability of realizing a fair price for the vessels will diminish, and the expenses incident to their retention by the marshal are necessarily accruing. These considerations make it proper that a decision in regard to the disposition of the vessels should speedily be reached, and I have the honor to request that, if it is desired to postpone the sale still further, the Department may be assured at an early day that an arrangement will be made whereby the vessels may be saved from becoming a loss. I have, etc., T. F. BAYARD. No. 56. Mr. Garland to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, October 11, 1888. (Received October 12.) SIR: I herewith inclose copies of communications received from W. M. Grant, United States attorney for Alaska. From the facts submitted by him, in connection with those contained in my letter of the 26th of September, I submit whether it will not be expedient and for the best interest both of the United States and adverse claimants, if there be such, that the vessels referred to be speedily sold. An answer is desired at your earliest convenience. Very respectfully, A. H. GARLAND. [Inclosure No. 1.] Mr. Grant to Mr. Garland. DISTRICT OF ALASKA, DISTRICT ATTORNEY'S OFFICE, SIR: Marshal returned from Port Townsend says no vessel was bonded, and now the parties have concluded not to bond and want the sale to go on, but I shall instruct the marshal to await instructions from you. How long shall I wait for the parties to act? No owners have appeared on the record; the record does not show who they No claims are filed or bond for costs given. The cases were submitted on the agreement signed by Mr. Drake for "the masters,” and on his demurrer as representative of Canadian Government. are. Very respectfully, Agreement between the United States and the masters of the schooners seized in 1887. IN THE DISTRICT COURT OF THE TERRITORY OF ALASKA. [The United States vs. the British schooners Dolphin, Anna Beck, Grace, and Ada.] It is hereby stipulated and agreed between the plaitiffs and the masters of the defendant schooners that the demurrer filed in the matter of the information against J. D. Warren, and the agreement therein, shall apply to the libels filed or to be filed against the above vessels. It is further stipulated and admitted as a fact that the masters of the above-named vessels did kill seals during the month of July, 1887, in that portion of Behring Sea claimed by the United States under the treaty of 1867 between Russia and the United States and beyond the limit of 10 miles from the nearest land. It is further stipulated that in case the vessels or any of them shall be condemned by any order of the court that the same shall not be sold until the expiration of three months from the publication of any order ordering such sales, and that such sales shall take place at Port Townsend or some other point on Puget Sound. It is further stipulated that the defendants may give security for appeal to the Supreme Court of the United States or such other court as may have jurisdiction by bonds of any qualified bondsman in Washington Territory, Oregon, or California. Upon the question of facts thus agreed upon the parties submit the cases to the court upon the law question raised by the demurrer. On behalf of the masters of the above schooners. M. W. DRAKE. A. K. DELANEY, Attorney for the United States. SEPTEMBER 10, 1887. |