Слике страница
PDF
ePub

ARTICLE 9.

The concurrent regulations hereby determined with a view to the protection and preservation of the fur seals, shall remain in force until they have been, in whole or in part, abolished or modified by common agreement between the Governments of the United States and of Great Britain..

The said concurrent regulations shall be submitted every five years to a new examination, so as to enable both interested Governments to consider whether, in the light of past experience, there is occasion for any modification thereof.

And whereas the Government of Her Britannic Majesty did submit to the Tribunal of Arbitration by article VIII of the said Treaty certain questions of fact involved in the claims referred to in the said article VIII, and did also submit to us, the said Tribunal, a statement of the said facts, as follows, that is to say:

Findings of fact proposed by the Agent of Great Britain and agreed to as proved by the Agent for the United States, and submitted to the Tribunal of Arbitration for its consideration."

“1. That the several searches and seizures, whether of ships or “goods, and the several arrests of masters and crews, respectively “mentioned in the Schedule to the British Case, pages 1 to 60 inclu“sive, were made by the authority of the United States Government. “The questions as to the value of the said vessels or their contents or “either of them, and the question as to whether the vessels mentioned “in the Schedule to the British Case, or any of them, were wholly or in

part the actual property of citizens of the United States, have been so withdrawn from and have not been considered by the Tribunal, it “ being understood that it is open to the United States to raise these “questions or any of them, if they think fit, in any future negotiations

as to the liability of the United States Government to pay the "amounts mentioned in the Schedule to the British Case;

"2. That the seizures aforesaid, with the exception of the “Path“finder” seized at Neah-Bay, were made in Behring Sea at the distances from shore mentioned in the Schedule annexed hereto marked “C”;

“3. That the said several searches and seizures of vessels were made “by public armed vessels of the United States, the commanders of “which had, at the several times when they were made, from the “Executive Department of the Government of the United States, “instructions, a copy of one of which is annexed hereto, marked "A" "and that the others were, in all substantial respects, the same: that “in all the instances in which proceedings were had in the District “Courts of the United States resulting in condemnation, such proceed"ings were begun by the filing of libels, a copy of one of which is “annexed hereto, marked "B", and that the libels in the other pro“ceedings were in all substantial respects the same: that the alleged “acts or offences for which said several searches and seizures were “made were in each case done or committed in Behring Sea at the “distances from shore aforesaid; and that in each case in which sen“tence of condemnation was passed, except in those cases when the “ vessels were released after condemnation, the seizure was adopted

[ocr errors]

"by the Government of the United States: and in those cases in which *the vessels were released the seizure was made by the authority the United States; that the said fines and imprisonments were for alleged breaches of the municipal laws of the United States, which “alleged breaches were wholly committed in Behring Sea at the dis"tances from the shore aforesaid:

“4. That the several orders mentioned in the Schedule annexed *hereto and marked “C” warning vessels to leave or not to enter * Behring Sea were made by public armed vessels of the United States “the commanders of which had, at the several times when they were "given, like instructions as mentioned in finding 3, and that the ves"sels so warned were engaged in sealing or prosecuting voyages for

that purpose, and that such action was adopted by the Government "of the United States;

"5. That the District courts of the United States in which any proceedings were had or taken for the purpose of condemning any ves"sel seized as mentioned in the Scheldule to the Case of Great Britain, ** pages 1 to 60, inclusive, had all the jurisdiction and powers of Courts “of Admiralty, including the prize jurisdiction, but that in each case “the sentence pronounced by the Court was based upon the grounds “set forth in the libel”.

“ANNEX A.

"TREASURY DEPARTMENT, OFFICE OF THE SECRETARY,

Washington, April 21, 1886. "Sir,

Referring to Department letter of this date, directing you to proceed with the "revenue-steamer Bear, under your command, to the seal Islands, etc., you are

hereby clothed with full power to enforce the law contained in the provisions of ** Section 1956 of the United States' Revised Statutes, and directed to seize all vessels "and arrest and deliver to the proper authorities any or all persons whom you may "detect violating the law referred to, after due notice shall have been given.

“You will also seize any liquors or fire-arms attempted to be introduced into the country without proper permit, under the provisions of Section 1955 of the Revised "Statutes, and the Proclamation of the President dated 4th February, 1870.”

“Respectfully yours,"
“Signed:

C. S. FAIRCHILD,”

Acting Secretary."Captain M. A. HEALY,

*Commaniling Revenue-Steamer Bear, San-Francisco, California.

“Annex B.

"In the District Court of the United States for the District of Alaska. August

special term, 1886. "To the Honourable LAFAYETTE Dawson,

' Judge of said District Court: "The libel of information of M. D. Ball, Attorney for the United States for the

District of Alaska, who prosecutes on behalf of said United States, and being pres"ent here in Court in his proper person, in the name and on behalf of the said United States, against the schooner Thornton, her tackle, apparel, boats, cargo, and furni"ture, and against all persons intervening for their interest therein, in a cause of for"feiture, alleges and informs as follows:

That Charles A. Abbey, an officer in the Revenue marine Service of the United States, and on special duty in the waters of the district of Alaska, heretofore, to wit, on the 1" day of August, 1886, within the limits of Alaska Territory, and in the waters thereof, and within the civil and judicial district of Alaska, to wit, within

the waters of that portion of Behring sea belonging to the said district, on waters "navigable from the sea by vessels of io or more tons burden, seized the ship or ves"sel commonly called a schooner, the Thornton, her tackle, apparel, boats, cargo, and

a

66

“furniture, being the property of some person or persons to the said Attorney “unknown, as forfeited to the United States, for the following causes:

“That the said vessel or schooner was found engaged in killing fur-seal within the "limits of Alaska Territory, and in the waters thereof, in violation of section 1956 of "the Revised Statutes of the United States.

"And the said Attorney saith that all and singular the premises are and were true, “and within the Admiralty and maritime jurisdiction of this Court, and that by

reason thereof, and by force of the Statutes of the l'nited States in such cases made “and provided, the afore-mentioned and described schooner or vessel, being a veesel

of over 20 tons burden, her tackle, apparel, boats, cargo, and furniture, became "and are forfeited to the use of the said United States, and that said schooner is now “ within the district aforesaid.

“Wherefore the said Attorney prays the usual process and monition of this hon“ourable Court issue in this behalf, and that all persons interested in the before "mentioned and described schooner or vessel may be cited in general and special to "answer the premises, and all due proceedings being had, that the said schooner or “vessel, her tackle, apparel, boats, cargo, and furniture may, for the cause aforesaid, " and others appearing, be condemned by the definite sentence and decree of this

honourable Court, as forfeited to the use of the said United States, according to the form of the Statute of the said United States in such cases made and provided. “Signed:

M. D. BALL, United States District Attorney for the District of Alaska.

“ANNEX C.

“The following Table shows the names of the British sealing-vessels seized or "warned by United States revenue cruizers 1886-1890, and the approximate distance "from land when seized. The distances assigned in the cases of the Carolena, Thornton and Onward are on the authority of U. S. Naval Commander Abbey (see 500 Congress, 2nd Session, Senate Executive Documents No 106, pp. 20, 30, 40). The dis"tances assigned in the cases of the Anna Beck, W. P. Sayward, Dolphin and Grace " are on the authority of Captain Shepard U. S. R. M. (Blue Book, United States No 2, 1890.-pp. 80–82. See Appendix, vol. III.)”

[blocks in formation]

a Neah Bay is in the State of Washington, and the Pathfinder was seized there on charges made against her in the Behring Sea in the previous year. She was released two days later.

And whereas the Government of Her Britannic Majesty did ask the said Arbitrators to find the said facts as set forth in the said statement, and whereas the Agent and Counsel for the l'nited States Government thereupon in our presence informed us that the said statement of facts was sustained by the evidence, and that they had agreed with the Agent and Counsel for Her Britannic Majesty that We, the Arbitra

tors, if we should think fit so to do might find the said statement of facts to be true.

Now, We, the said Arbitrators, do unanimously find the facts as set forth in the said statement to be true.

And whereas each and every question which has been considered by the Tribunal has been determined by a majority of all the Arbitrators;

Now We, Baron DE COURCEL, Lord HANNEN, Mr Justice HARLAN, Sir John THOMPSON, Senator MORGAN, the Marquis VISCONTI VENOSTA and Mr GREGERS GRAM, the respective minorities not withdrawing their votes, do declare this to be the final Decision and Award in writing of this Tribunal in accordance with the Treaty.

Made in duplicate at Paris and signed by us the fifteenth day of August in the year 1893.

And We do certify this English Version thereof to be true and accurate.

ALPH. DE COURCEL
JOHN M. HARLAN
John T. MORGAN
HANNEN
JNO S D THOMPSON
VISCONTI VENOSTA
G. GRAM.

BY

DECLARATIONS MADE THE

TRIBUNAL OF ARBITRATION AND REFERRED TO THE GOVERNMENTS OF THE UNITED STATES AND GREAT BRITAIN FOR THEIR CONSIDERATION.

I

The Arbitrators declare that the concurrent Regulations, as determined upon by the Tribunal of Arbitration, by virtue of article VII of the Treaty of the 29th of February 1892, being applicable to the high sea only, should, in their opinion, be supplemented by other Regulations applicable within the limits of the sovereignty of each of the two Powers interested and to be settled by their common agreement.

II

In view of the critical condition to which it appears certain that the race of fur-seals is now reduced in consequence of circumstances not fully known, the Arbitrators think fit to recommend both Governments to come to an understanding in order to prohibit any killing of furseals, either on land or at sea, for a period of two or three years, or at least one year, subject to such exceptions as the two Governments might think proper to admit of.

Such a measure might be recurred to at occasional intervals if found beneficial.

III

The Arbitrators declare moreover that, in their opinion, the carrying out of the Regulations determined upon by the Tribunal of Arbitration, should be assured by a system of stipulations and measures to be enacted by the two Powers; and that the Tribunal must, in consequence, leave it to the two Powers to decide upon the means for giving effect to the Regulations determined upon by it.

We do certify this English version to be true and accurate and have signed the same at Paris this 15th day of August 1893.

ALPH DE COURCEL

John M. HARLAN I approve declarations I & II

HANNEN
I approve declarations I & III

JNO S D THOMPSON
John T. MORGAN
VISCONTI VENOSTA
G. GRAM.

1892.

CONVENTION FOR THE RENEWAL OF THE EXISTING MODUS VIVENDI

IN BEHRING SEA.

[ocr errors]

Concluded April 18, 1892; ratification advised by the Senate April 19,

1892; ratified by the President April 22, 1892; ratifications ecchanged May7, 1892; proclaimed May 9, 1892. (U. S. Stats., vol. 27, p. 952.)

By this convention of seven articles both Governments prohibited the killing of fur seals by their respective citizens and subjects in the eastern part of Behring Sea during the pendency of the fur-seal arbitration.

1892. TREATY FOR THE RECOVERY OF DESERTERS FROM MERCHANT

VESSELS.

[ocr errors]

Concluded June 3, 1892; ratification advised by the Senate June 30,

1892; ratified by the President July 14, 1892; ratifications exchanged August 1, 1892, proclaimed August 1, 1892. (U. S. Stats., vol. 27, p. 961.)

ARTICLES.

I. Arrests of deserting seamen. II. Ratifications.

III. Duration.

Whereas the Governments of the United States of America and of Great Britain are desirous to make provision for the apprehension, recovery and restoration of persons who may desert from merchant vessels of their respective countries while in the ports of the other country, and to conclude a treaty for the above purpose, the High Contracting Parties have accordingly appointed as their Plenipotentiaries to conclude the said treaty, that is to say:

The President of the United States of America, James G, Blaine, Secretary of State of the United States; and

« ПретходнаНастави »