great expense, and not at all before next summer can this be done. I verily believe, from the inspection I then made, that it would cost over 6,000 dollars to take the "Thornton" from Ounalaska to Victoria aforesaid, the nearest port at which the repairs could be made, and put her in as good order and condition as she was in when seized. 10. That at the time of her seizure the "Thornton " was in good repair and condition and perfectly seaworthy, excepting only that her mainmast-head had been carried away during the voyage she then was on. 11. That for and during the said voyage the "Thornton " was insured by Lloyd's underwriters in the sum of 1,2007. on the hull and machinery, and in the sum of 1,000l. on the outfit and cargo. 12. That hereto annexed, marked (A), is a detailed Statement of the outfit of the "Thornton" for the voyage on which she was seized as above set out, and all of which, excepting only what had been consumed in the regular course of the voyage, was on board the "Thornton" at the time of her seizure; also of the amount of premiums paid by me for insurance upon the hull, machinery, outfit, and cargo of the "Thornton" during the said voyage, and also for wages paid by me to the hunters and crew of the said "Thornton" of said voyage for the time of said voyage up to the said seizure. Also, a Statement of the sums paid by me for passage money of the crew from San Francisco to Victoria, and passage money and expenses of the captain and mate at and from Sitka after their release to Victoria aforesaid. 13. That also in said Statement (A) are charged 403 seal-skins taken from the “Thornton” at the time of seizure, and which, so appears from the Report of the officers of the United States' steam-ship " Corwin," submitted to the Court at Sitka on the trial of the said captain and mate of the "Thornton," and the price there charged, namely, 7 dollars per skin, was the market value per skin at Victoria aforesaid, on or about the 1st October, A.D. 1886, when the said skins, had not such seizure taken place, would have been placed on the market at Victoria. 14. That the value placed upon the various articles and groups of articles in the outfit mentioned in Exhibit (A) is the actual cost of the said articles at the city of Victoria aforesaid at the time of their purchase in the spring of 1886. 15. That hereto annexed, marked (B), is a Statement showing the number of seal-skins taken by each one of thirteen sealing-schooners in and about Behring's Sea during the season of 1886. The said Statement is based upon the Report of the Inspector of Fisheries for the Province of British Columbia for the year 1886, as contained in the Report of the Minister of Marine and Fisheries for Canada for said year at pp. 248 and 249. The schooners "Carolina," "Onward," and said steam-schooner "Thornton" were seized on the 1st and 2nd August of said year when the sealing season was not half over, and the schooners "Mary Taylor," "Mountain Chief," "Rustler," and "Kate" were not in Behring's Sea during the season of 1886, so that in calculating the average catch for the Behring's Sea fleet, the catch of the seven above-mentioned schooners was not included. With one or two exceptions the thirteen sealing-schooners, mentioned in Exhibit (B), left Behring's Sea, or the best fishing grounds therein, long before the end of the said season, as their masters feared seizure by the United States' authorities, and the said average catch, so found by Exhibit (B), is therefore fully 500 less than it otherwise would have been. 16. That hereto annexed, marked (C), is a Statement of the amount of legal expenses paid and incurred by me at Sitka and elsewhere, and also of the amount of my personal expenses incurred by reason of the said seizure. 17. That hereto annexed, marked (D), is a Statement showing the estimated loss incurred by me as owner of the said "Thornton," by reason of the said seizure and detention, and of the seizure and detention of the seal-skins then on board the "Thornton," and the breaking up of the said sealing voyage. Also, the estimated loss incurred by me during the present year by reason of the non-release of the "Thornton ;" and in view of the fact that it is now too late to put the "Thornton" in repair and condition to engage in next year's business, the estimated loss for next year. And I verily believe that the said estimates of the losses incurred by me by reason of the seizure and detention of the said "Thornton" for the years 1886, 1887, and 1888, are fair and reasonable estimates, and rather under than over the actual losses so sustained. 18. That the estimated loss of 5,000 dollars for each of the years 1887 and 1888, by reason of the seizure and detention of the "Thornton," is based upon an average catch of 2,380 seal-skins valued at 5 dol. 50 c. per skin, the market value at Victoria for the present season, deducting from the gross value thereof the cost of outfit and amount of the wages of hunters and crew, based on the Thornton's" voyage of A.D. 1886. 19. That during and since the year 1886 7 per cent. per annum was, and now is, the minimum rate at which money for ordinary commercial purposes. could be obtained at the city of Victoria aforesaid, and that hereto annexed, marked (E), is an estimate of the principal sums on which interest is claimed at the rate of 7 per cent. per annum, and the time for which it is so claimed. And I, James Douglas Warren aforesaid, make this solemn declaration, conscientiously believing the same to be true, and by virtue of the Act respecting extra-judicial oaths. Declared and affirmed before me at the city of Ottawa, in the county of Carleton, this 25th day of November, A.D. 1887, and certified under my official seal. (Signed) J. D. WARREN. Exhibit (B).-NUMBER of seals taken by the following thirteen sealing schooners during the year 1886 in and about the Behring's Sea, most of the thirteen leaving the sea before the end of the season, fearing capture. Legal expenses at Sitka in connection with seizure of "Thornton Dol. C. 750 00 1,000 00 Exhibit (D).-DAMAGES arising from the seizure and detention of the "Thornton," based upon the average catch of seal-skins per season as given in Statement (B), season of 1886. If the owner of the "Thornton " is indemnified for balance of estimated seal catch for year 1886, there should be deducted from the total claim the sum of 3,379 dol. 58 c. included in Exhibit (A) for outfit, which would necessarily have been consumed in the prosecution of the voyage, and including the sum of 1,370 dollars paid in wages, as per Exhibit (F). Total claim Value consumed on voyage Dol. c. 40,197 23 3,379 58 Exhibit (E).-ESTIMATE of the principal sums on which interest at 7 per cent. per annum is claimed, and the time for which interest is so claimed. Value of "Thornton's " estimated full catch for 1886, namely, 2,381 skins, Actual cash outlay for legal and other necessary expenses incurred by Total principal on which interest is claimed since the 1st October, 1886, to Estimated value of the "Thornton" catch for 1887, less cost of outfit and (Signed) Dol. c. 16,667 00 500 00 17,167 00 5,000 00 6,000 00 D. B. MACTAVISH, Notary Public. Exhibit (F).-DETAILS of items of Thornton's " outfit consumed during the course of full sealing and fishing voyage. My Lord, Wages of crew and hunters 18 tons coal 6 tons salt ITEMS. Sir L. West to the Marquis of Salisbury.-(Received January 16.) Washington, January 5, 1888. WITH reference to my despatches of the 2nd April last and of the 6th May, I have the honour to inform your Lordship that I am advised that the case of the American sealing-schooner "Sierra" will probably be dismissed, on the ground that the Captain of the Revenue cruizer was acting under the instructions of the Government, and that the plaintiff therefore would have to apply to Congress. I have, &c. Sir, Colonial Office to Foreign Office.-(Received January 16.) Downing Street, January 14, 1888. WITH reference to the letter from this Department of the 26th ultimo, relating to the seizure of Canadian sealing-schooners in Behring's Sea, I am directed by Secretary Sir Henry Holland to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch from the Governor-General of Canada, inclosing an approved Report of a Committee of his Privy Council, submitting a revised statement of the loss sustained in the case of the schooner "Onward." Sir, The Marquis of Lansdowne to Sir H. Holland. Government House, Ottawa, December 23, 1887. WITH reference to your despatch of the 14th September last, directing attention to the magnitude of the claims for compensation prepared by the owners of the British. sealing-vessels seized in Behring's Sea by United States' Revenue cruizers, and to my despatch of the 2nd instant, I have the honour to forward herewith, for transmission to the United States' Government, a copy of an approved Report of a Committee of the Privy Council, submitting a revised statement of the loss sustained in the case of the schooner " Onward." You will observe that my Minister of Marine and Fisheries considers that the claim now made is not unreasonable. I have, &c. Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Governor-General in Council, December 20, 1887. THE Committee of the Privy Council have had under consideration a despatch, dated the 14th September, 1887, from the Right Honourable the Secretary of State for the Colonies, on the subject of the seizure of British sealing-vessels in Behring's Sea by United States' Revenue cruizers, and directing attention to certain claims for compensation against the United States' Government. |