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No. 57.

Lord Sackville to Mr. Bayard.

BEVERLY, October 12, 1888. (Received October 16.)

SIR: With reference to correspondence which has passed relative to the bonding of the British ships Grace, Dolphin, and Anna Beck, which were seized some time since in Behring Sea, and in connection with the directions given by the United States Acting Attorney-General to postpone the sale of the schooners and to receive bonds in lieu of the vessels, I have the honor to inclose extract from an approved minute of the privy council of Canada, and to inform you that the Marquis of Salisbury has instructed me to ask that the United States authorities may be moved to authorize the re-appraisement of the schooners Grace and Dolphin, and that instructions may be given in the case of the Anna Beck that the proposed bonds of the owner may be accepted subject to a final settlement of the question.

I have, etc.,

SACKVILLE.

[Inclosure.]

Extract from a Minute of the Privy Council of Canada, dated September 30, 1888.

The minister of marine and fisheries observes that copies of the correspondence referred to confirm the intimation conveyed by the above telegram that an order for the postponement of the sale and permitting the bonding of these vessels at the value already appraised, had been made by the Department of Justice at Washington, in compliance with the request of Lord Salisbury.

Subsequent to the receipt of this order, the United States marshal at Seattle, Wash., informed the Attorney-General for the United States that the owners of the schooners Anna Beck, Grace, and Dolphin claimed that not only was the appraisement made at Sitka a year previously, excessive but that the value of the vessels on account of the inclement climate at Alaska had in the mean time been constantly depreciating, and they therefore declined to bond them, with the exception of the Anna Beck, at such appraisement, but requested a new appraisement, and stated that if a new appraisement was not allowed the owner desired the sale should proceed. It further appears from the same communication, that in the case of one of the vessels, the Anna Beck, the owner is willing to furnish satisfactory bonds, at the value already appraised, if this can be done, subject to a final settlement of the matter, and without necessitating an appeal to the Supreme Court of the United States.

The minister further observes that, touching the question of excessive appraisement, the United States marshal states as follows: "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 was excessive."

No. 58.

Mr. Rives to Mr. Garland.

DEPARTMENT OF STATE,
Washington, October 17, 1888.

SIR: Referring to your letter of the 11th instant, in relation to the postponement of the sale of the British schooners condemned for taking seals in Behring Sea in 1887, I have the honor to inclose herewith a copy of a note received yesterday from the British minister, bearing

date the 12th instant, on the same subject; and shall be glad to receive an expression of your views on the arrangement proposed by the British Government in regard to the disposition of the vessels.

I have, etc.,

No. 59.

G. L. RIVES.

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Mr. Garland to Mr. Bayard.

DEPARTMENT OF JUSTICE,

Washington, October 20, 1888. (Received October 22.)

SIR: By your communication of the 17th of October, 1888, you request "an expression of my views on the arrangement proposed by the British Government in regard to the disposal of the vessels" Grace, Dolphin, and Anna Beck. The arrangement referred to is that the United States authorize a re-appraisement of the schooners Grace and Dolphin, and that instructions be given in the case of the Anna Beck that bonds of the owner may be accepted, subject to the final settlement of the question. The libels against the vessels were submitted on a stipulation, dated the 10th day of September, 1887, by W. M. Drake, on behalf of the masters. They were, on or about the 3d day of October, 1887, after hearing, condemned, and, in pursuance of the terms of the stipulation, were ordered to be sold at Port Townsend. The time for appeal to the Supreme Court of the United States has long since expired. On the 25th day of August, 1888, the United States marshal for Alaska reported:

That the owner of the Anna Beck, Grace, and Dolphin, Capt. J. W. Warren, of Victoria, B. C., notified me [him] 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 the journey to Sitka for that purpose.

The aggregate tonnage of the three vessels, with the Ada (for which no owner has been heard from), is but 279 tons. The vessels, if not sold, will soon be substantially valueless. If attempt be made to keep them over the winter a total loss may result. I therefore adhere to the views expressed in my former communication, that the interest of all concerned will be best subserved by an early sale, and earnestly hope I may receive a prompt communication from you concurring therein.

Very respectfully,

No. 60.

A. H. GARLAND.

Mr. Bayard to Mr. Garland.

DEPARTMENT OF STATE,
Washington, October 27, 1888.

SIR Referring to previous correspondence concerning the dispo sition of the British vessels Grace, Dolphin, and Anna Beck, condemned for taking seals illicitly in Behring Sea, I have the honor to acknowl edge the receipt of your letter of the 20th instant on the subject, and

to say in reply that, under the circumstances, the wiser course for all concerned is to let the sale take place at once, as delay is impracticable and can only be productive of loss.

I have, etc.,

No. 61.

T. F. BAYARD.

Mr. Garland to Mr. Bayard.

DEPARTMENT OF JUSTICE,

Washington, November 14, 1888. (Received November 16.)

SIR: I have the honor to acknowledge receipt of your communication of the 27th ultimo, concerning the disposition of the British vessels now lying at Port Townsend, Wash., and to inform you that T. J. Hamilton, deputy United States marshal in charge, has this day been directed to take the necessary steps to effect the sale of the four vessels as speedily as possible.

Very respectfully,

No. 62.

A. H. GARLAND.

Mr. Bayard to Mr. Garland.

DEPARTMENT OF STATE,

Washington, November 17, 1888.

SIR: I have the honor to acknowledge the receipt of your letter of the 14th instant, stating that Deputy United States Marshal T. J. Hamilton, in charge of the four British vessels now lying at Port Townsend, Wash., has been directed to take steps for their speedy sale, and to say in reply that the Department will be glad to be informed of what may be done by that officer under the order in question.

I have, etc.,

T. F. BAYARD.

No. 63.

Mr. Herbert to Mr. Bayard.

WASHINGTON, November 23, 1888. (Received November 23.) SIR: With reference to your note of September 27 last, respecting the sale of four British vessels condemned for taking seals illicitly in Behring Sea, in 1887, I have the honor to state that I have this day instructions from the Marquis of Salisbury to inform you that the owners of the Ada do not object to the original appraisement.

I have, etc.

ARTHUR HERBERT For M. H. HERBERT.

No. 64.

Mr. Bayard to Mr. Garland.

DEPARTMENT OF STATE,

Washington, November 27, 1888.

SIR Referring to the letter of your Department of September 26 last, respecting the sale of four British vessels condemned for taking seals illicitly in Behring Sea, in 1887, I have the honor to inclose a copy of a note of the British chargé ad interim, by which it appears that the owners of the Ada do not object to the original appraisement.

I have, etc.,

No. 65.

T. F. BAYARD.

Mr. Bayard to Mr. Herbert.

DEPARTMENT OF STATE,
Washington, November 28, 1888.

SIR: I have the honor to acknowledge the receipt of your note of the 23d instant, stating that the owners of the Ada, one of the four British vessels condemned for taking seals illicitly in Behring Sea, do not object to the original appraisement, and to say that I have made known the contents thereof to the Attorney-General.

I have, etc.,

T. F. BAYARD.

No. 66.

Mr. Herbert to Mr. Bayard.

WASHINGTON, December 5, 1888. (Received December 5.)

SIR: With reference to the case of the seizure of four British sealing ships in Behring Sea, I have the honor to inclose, for convenience of reference, copy of Lord Sackville's dispatch of October 12* (without its inclosure) to your Department, as I have been instructed by the Marquis of Salisbury to call your attention to the fact that up to the present no answer has been received, and to beg the favor of an early reply. I have, etc.,

ARTHUR HERBERT, For M. H. HERBERT.

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SIR: I have the honor to acknowledge the receipt of your note of the 5th instant, in which you call attention to the note of Lord Sackville of

*See supra, No. 57.

the 12th of October last, in relation to the re-appraisement of three of the four British schooners seized and condemned for illicitly taking seals in Behring Sea in 1887.

The note referred to was at once communicated to the Department of Justice, with a request for an opinion upon the question of re-appraisement. Some time previously, upon the request of the Marquis of Salisbury, the sale of the schooners had been stayed by this Government, in order that full opportunity might be given to their owners to make some arrangement whereby they might become repossessed of the vessels. On the 11th of October, the day preceding the date of the note of Lord Sackville, above referred to, the Attorney-General wrote to this Department a letter, copy of which is inclosed, in which he intimated an opinion that the interests of both the United States and of the claimants would be best subserved by a speedy sale of the vessels. By this letter it appears that, although the schooners had long since been condemned, no claims had been filed by their owners, and no bonds given for costs. Nevertheless, the Department again consulted the Department of Justice in regard to the proposition contained in the note under date of the 12th of October. Under date of the 20th of October last a reply from the Attorney-General was received, copy of which is inclosed. To this I made answer on the 27th of October, expressing my concurrence in the view of the Attorney-General that under the circumstances the wiser course for all concerned was to let the sale of the vessels take place at once, as delay seemed impracticable, and could only be produc tive of loss.

On the 14th of last month the Attorney-General informed me that he had that day directed the United States marshal in charge of the vessels at Port Townsend, Wash., to take the necessary steps to effect a sale of the four vessels as speedily as possible. Since that time no correspondence on the subject has taken place with the Department of Justice, except a request from this Department on the 17th ultimo that it might be informed of the proceedings of the marshal under the order above stated. When a response to this request shall have been received you will be duly advised of its contents.

I have, etc.,

No. 388.]

No. 68.

Mr. Stevens to Mr. Rives.

T. F. BAYARD.

CONSULATE OF THE UNITED STATES OF AMERICA,
Victoria, British Columbia, December 31, 1888.
(Received January 12, 1889.)

SIR: Information casually received this morning leads me to believe that this dispatch, with inclosures, may prove of interest.

I am the more induced to make the report inasmuch as my No. 374, of October 8 last, upon the same subject, the seizure off Copper Island on July 1 last of the British sealing schooner Araunah gives but a brief account thereof, obtained from the owners of the Araunah, and from the public press, before the arrival here of the master of the vessel, and was consequently ambiguous in some minor particulars.

I am now enabled to give a more circumstantial account of the seiz ure, as Captain Sieward, late master of the Araunah, has recently given

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