in the waters thereof;" and the President, after reciting the section in question and the section of the Salmon Act in which it is referred to, proceeds by his Proclamation, to "warn all persons against entering the waters of Behring's Sea within the domain of the United States for the purpose of violating the provisions of the said section 1956, Revised Statutes," &c.

I am directed by Marquis of Salisbury to request that, in laying the inclosed papers before Lord Knutsford, you will point out to his Lordship that the Act and Proclamation, taken strictly, do no more than assert the rights of the United States in their territorial waters. In fact, the discussions in the Senate and the House of Representatives, recorded in Inclosure 4 to Mr. Edwardes' despatch of the 25th ultimo, show that the majority in the Senate desired to avoid committing themselves by any words in the Act to an interpretation of the Treaty rights of the United States in Behring's Sea, and that the House of Representatives acquiesced in that intention,

I am, &c.

(Signed)

P. CURRIE..

Sir,

The Marquis of Salisbury to Sir J. Pauncefote.

Foreign Office, April 13, 1889. WITH reference to Mr. Edwardes' despatch of the 15th ultimo, I have to request that you will report to me, for the information of the Secretary of State for the Colonies, what is the present position of the appeal in the case of the steam-ship "W. P. Sayward," last reported on in Sir L. West's despatch of the 15th September, 1888.

Mr. Edwardes to the Marquis of Salisbury.-(Received April 16.)

My Lord, Washington, April 2, 1889. ALTHOUGH the Bill introduced by Mr. Dunn into the House of Representatives to amend section 1963 of the Revised Statutes, and to provide for the better protection of the fur seals and salmon fisheries of Alaska, and for other purposes, did not become law, I think it right to submit a Report as to the proceedings in the House which took place in regard to it, on account of its connection with the Act passed on the 2nd. March for the protection of the salmon fisheries of Alaska.

The first section of Mr. Dunn's Bill related to the leasing to any person or Company, by the Secretary of the Treasury, of the right to take fur-seals on certain islands.

The second section extended to all the waters of Behring's Sea. The prohibition contained in section 1956 of the Revised Statutes to kill fur-bearing animals (except to those authorized), and calls on the President to issue a Proclamation every year warning all persons against entering the waters of the Behring's Sea for that purpose; and to cause vessels of the United States to police those waters, to arrest all found in such illegal hunting, and to seize their vessels, &c.

The other sections referred to the protection of salmon in Alaska waters.

The Bill was referred to the Committee on Merchant Marine and Fisheries, and reported back by Mr. Dunn. The Report, copy of which is herewith inclosed, is most interesting, and gives the result of investigation into the subject of the fur-seal fisheries of Alaska, and of the leases granted by the Government to persons or Companies for the rights of taking fur-bearing animals in those parts, &c.

Mr. Dunn opened the discussion on the Bill by reviewing the rights of the United States in the waters of Alaska, which were acquired by the Treaty with Russia in 1867. Every right, every privilege, every immunity which, he said, Russia had had in the territory of Alaska, the United States now have. Chief among the interests acquired by the United States by their purchase from Russia was the seal rookery of the Pribyloff

Islands.

He then went on to give an account of the lease held by the Alaska Commercial

Company of the amount of seals allowed to be killed under its provisions, and of the amount of revenues obtained by the United States from this territorial acquisition,

It was most important, he said, that the seas should be patrolled by United States' vessels, and that unlawful hunters should know that if found they will be arrested and, their vessels seized.

Several vessels had thus been seized last season, the legality of the seizure being contested on the grounds that the United States' Government had no jurisdiction over that sea. The Courts had sustained the right of jurisdiction of the Government over the sea, and their right to protect the fisheries. If there had been any leniency in releasing the seized vessels on the part of the Executive, it was pending some negotiations about the Eastern Fisheries question.

However, in no case have the rights of the United States been waived. The State Department has taken no decision conceding that the Behring's Sea is an open sea. The Committee have been satisfied that the policing of the sea must be more rigid, and that no indulgence must be shown to violators of the law. The existence of the inhabitants of the Alentian Islands and of other parts in the United States' possessions in those latitudes depends on the continuation of the legitimate killing of seals. They get all their means of existence from those employed in it. The Committee have therefore considered it advisable that the President should issue a Proclamation yearly, warning all persons from entering Behring's Sea with the intention of violating the existing laws; and, moreover, he should be called upon to see to the closer patrolling of that sea.

If this be not done the seal rookeries will be open to every one, and the herds of seals will not last three years. No Government would wish for this result. On the contrary, it is understood that other Governments are more than willing that the seals should be protected. The United States' Government have but to be firm, positive, and unmistakable in their policy.

Mr. Dingley also spoke strongly in favour of the Bill, the most noteworthy portion of his speech being that in which he refers to the claim of Russia, before the cession by her of Alaska to the United States, to exclusive jurisdiction in the Behring's Sea, to the controversy that took place between Russia and the United States when the former attempted to extend that jurisdiction, and to the Treaties between Russia and the United States and between Russia and Great Britain, whereby the rights of Russia were recognized to control the Behring's Sea north of 55°.

Several amendments were offered to the Bill, which was ultimately recommitted, the last stage it reached before Congress expired.

As I had the honour to report to your Lordship, in my despatch of the 23rd ultimo, the House seeing that Mr. Dunn's Bill could not possibly pass before the closing of Congress, added an amendment to the Senate Bill (which was ultimately accepted, and the Bill was passed) in the shape of an addition of a section 3 of the same import as section 2 in Mr. Dunn's Bill, and it has been in response to this amendment of the House that the President has issued his Proclamation of the 22nd March.

Foreign Office, April 18, 1889.

I HAVE laid before the Marquis of Salisbury your letter of the 10th instant, in which you call attention to the Proclamation issued by President Harrison on the 22nd ultimo for the protection of the fur seals in Behring's Sea, and to the Act recently passed by the United States' Congress on which that Proclamation is based.

In view of the previous action of the United States' authorities on the spot, and of the meaning which may be attached by the Government of the United States to the words "all the dominion of the United States in the waters of Behring's Sea," employed in section 3 of the Act, Lord Knutsford suggests that an intimation should be made to that Government, that Her Majesty's Government cannot require the masters of British vessels, when fishing in Behring's Sea beyond the 3-mile limit, to recognize the law of the United States.

In reply, I am to request that you will state to his Lordship that Sir J. Pauncefote,

who has been appointed to succeed Lord Sackville as Her Majesty's Representative at Washington, left London for his post on the 13th instant.

It would, in Lord Salisbury's opinion, be advisable to wait until he has had time to examine into the question on the spot, and to report upon the situation, before making any communication to the United States' Government on the subject.

No. 194.

I am, &c.

(Extract.)

Foreign Office to Colonial Office.

Foreign Office, April 18, 1889.

IT will be seen, on reference to the correspondence respecting the seizure of Canadian schooners by United States' Revenue cutters in Behring's Sea, that Mr. Bayard, in a letter addressed to Her Majesty's Minister at Washington on the 12th April, 1887,* a copy of which accompanied the letter from this Department of the 5th May of that year, stated that "the laws of the United States regulating the killing of fur seals have been in force for upwards of seventeen years, and, prior to the seizure of last summer, but a single infraction is known to have occurred, and that was promptly punished."

On the other hand, Lord Lansdowne, in his despatch of the 27th November, 1886,† of which a copy was forwarded in your letter of the 4th January, 1887, states: "This is, as far as I have been able to ascertain, the first occasion upon which claims of the kind now advanced have been enforced. Sealing-vessels from British Columbia have for some years past frequented the waters of Behring's Sea without molestation."

Lord Salisbury observes, however, that, in the Minute by the Department of Marine and Fisheries, inclosed in Lord Stanley's despatch of the 3rd August, 1888 (of which a copy was forwarded in your letter of the 18th of that month), it is stated that, by the proposed arrangement for a close time, "Canada would lose the enjoyment of a lucrative right long possessed, and this loss would be fatal to the prosecution of the seal industry."

In Lord Salisbury's opinion it would be interesting, with a view to possible further negotiations, to know for how long, and to what extent, Canadian vessels have been in the habit of killing seals in the waters of Behring's Sea before 1886.

I am to request that, in laying this letter before Secretary Lord Knutsford, you will move him to endeavour to obtain such statistical information bearing on these points as can be furnished by the Canadian Government.

Sir,

No. 195.

Colonial Office to Foreign Office.-(Received April 20.)

Downing Street, April 20, 1889.

I AM directed by Lord Knutsford to acknowledge the receipt of your letter of the 11th instant, transmitting copies of despatches from Her Majesty's Chargé d'Affaires at Washington relative to the Act of the United States' Congress of the 2nd March, 1889, providing for the protection of the salmon fisheries of Alaska, and the Proclamation which has been issued by the President of the United States in pursuance of its provisions.

In reply, I am to acquaint you, for the information of the Marquis of Salisbury, that Lord Knutsford, while accepting the construction put upon the Act and Proclamation in your letter, would have been glad if an opportunity could have been found of placing that construction officially on record.

I am, &c.

(Signed)

R. H. MEADE.

See Inclosure 2 in No. 37.

See Inclosure 1 in No. 22.

Sir,

No. 196.

Colonial Office to Foreign Office.—(Received April 30.)

Downing Street, April 29, 1889. I AM directed by the Secretary of State for the Colonies to transmit to you, with reference to your letter of the 18th instant, a copy of a despatch which he has addressed to the Governor-General of Canada inquiring as to the extent to which British Columbian vessels were engaged in seal hunting in Behring's Sea prior to 1886.

I am, &c.

(Signed)

ROBERT G. W. HERBERT.

Inclosure in No. 196.

Lord Knutsford to Lord Stanley of Preston.

My Lord,

Downing Street, April 27, 1889. I HAVE the honour to transmit to you, for communication to your Ministers, a copy of a letter from the Foreign Office requesting to be supplied with information as to the extent to which vessels belonging to British Columbia were engaged in seal hunting in Behring's Sea prior to 1886.

I should be obliged if your Ministers could supply the information desired by the Marquis of Salisbury at an early date.

No. 197.

I have, &c. (Signed)

KNUTSFORD.

My Lord,

Sir J. Pauncefote to the Marquis of Salisbury.—(Received May 13.)

Washington, April 26, 1889.

IN reply to your Lordship's despatch of the 13th instant, I have the honour to inform you that I learn on inquiry that the record of the appeal of the schooner "W. P. Sayward" was filed on the 30th October, 1888, but has not yet been printed. If it is not printed when the case is called the appeal will be dismissed.

But it appears the case will not be reached for call for some three years, the business of the Supreme Court of the United States being, as I am told, nearly or quite four years in arrear.

I AM directed by the Secretary of State for the Colonies to transmit to you, for the information of the Marquis of Salisbury, a copy of the Annual Report of the Canadian Department of Fisheries for the year 1888.

I am to call attention to the remarks at p. 241 as to the seal-hunting in Behring's Sea.

I am, &c. (Signed)

ROBERT G. W. HERBERT.

Inclosure in No. 198.

RETURN showing the Number of Vessels, Boats, and Men engaged in the Marine Fur Fishery of British Columbia, with the Products and Value, for the Season of 1888.

The decrease in the fur seal catch in Behring's Sea is still more noticeable; it was caused principally by the unsettled state of affairs with the American Government, several of the schooners being afraid to enter these waters at the risk of seizures.

A great deal has been written on the life and habits of the fur seal. It is contended by some that all the fur seal in the North Pacific have their rookeries on St. Paul and St. George Islands in Behring's Sea. Others claim that many of the fur seals of the Pacific never enter Behring's Sea, but pup on large kelp fields in the ocean, and may perhaps have regular hauling grounds outside of Behring's Sea. Extracts from a Circular of C. M. Lamsen and Co., of London, England, will give the reader some idea of where the fur seals are caught. From October 1886 to January 1888 the following number of skins were sold :

3,500
100

3,500

3,500 100 3,500

35,000

7,500

2,625

21

21

378

:

::

:

100

:

280,433

It has been estimated that 16,000,000 seals haul out annually on St. Paul, and 3,000,000 on St. George Islands. The Commercial Alaska Company controls these and other islands by lease from the American and Russian Governments. I am of opinion that many fur seal pup on kelp fields along the British Columbia coast. I have had reliable information from practical hunters and fishermen who bear me out on this point. Morris Moss, of Victoria, states that during the year 1870 he was engaged trading on the coast near Bella Bella during the months of March and April, when he saw hundreds of fur seal pups from 3 to 5 months old, which had become separated from their mothers, and on account of a heavy storm were blown on shore and caught by the natives. Captain Alexander McLean, of Victoria, states that he killed a number of fur seal pups off Cape Cook, which had likewise been blown ashore during a storm. James G. Swan's Report for 1880 and 1883 goes to show that the Indians of Cape Flattery