Слике страница
PDF
ePub

Inclosure 6 in No. 222.

Deposition of Daniel McLean.

I, DANIEL MCLEAN, of the city of Victoria, in the province of British Columbia, Dominion of Canada, being duly sworn, depose as follows:

That I am master and part-owner of the British schooner "Triumph," registered at the port of Victoria, British Columbia; that, in conformity to laws of the Dominion of Canada, I regularly cleared the said schooner "Triumph" for a voyage to the North Pacific Ocean and Behring's Sea, and that, in pursuance of my legitimate business, did enter the said Behring's Sea on the 4th day of July, 1889, and did in a peaceful manner proceed on my voyage, and being in latitude 56° 05' north, longitude 171° 23′ west on the 11th day of July, 1889. At the hour of 8.30 A.M. was hailed by Commander of United States' Revenue-cutter "Richard Rush," the said Revenue-cutter being a vessel belonging to the Government of the United States and regularly commissioned by the same; a boat having been lowered by officer and crew, I was boarded by the same, the officer in charge of the boat heing one Lieutenant Tuttle, who demanded the official papers of my vessel, and, after reading the same, proceeded to search my vessel for seals, and finding no evidence of the same informed me that orders had been issued by the Secretary of the United States, under the Proclamation of the President, instructing the Commanding Officer of the said Revenue-cutter "Rush" to seize all vessels found sealing in Behring's Sea; he also told me that should he again board me and find sealskins on board, that he would seize and confiscate the vessel and catch; he furthermore informed me that he had already seized the British schooner "Black Diamond" of Victoria, British Columbia, and that she had been sent to Sitka, and that, therefore, by reason of his threats and menaces, I was caused to forego my legitimate and peaceful voyage on the high seas and return to the port of my departure, causing serious pecuniary loss to myself, crew, and owners, for which a claim will be formulated and forwarded in due course.

And I make this solemn affidavit, conscientiously believing the same to be true, and by virtue of the Oaths Ordinance, 1869.

(Signed)

DANIEL MCLEAN, Master of Schooner "Triumph."

Sworn before me this 8th August, 1889, at Victoria, British Columbia.

[blocks in formation]

Colonial Office to Foreign Office-(Received September 12.)

Sir, Downing Street, September 10, 1889. IN reply to your letter of the 9th instant, I am directed by Lord Knutsford to acquaint you, for the information of the Marquis of Salisbury, that the Governor-General of Canada has to-day been requested to send immediate information if any further stoppage of vessels takes place in Behring's Sea.

I am, &c.

(Signed)

JOHN BRAMSTON.

No. 224.

Sir,

Colonial Office to Foreign Office.-(Received September 14.)

Downing Street, September 13, 1889.

I AM directed by the Secretary of State for the Colonies to transmit to you, for communication to the Marquis of Salisbury, with reference to previous correspondence, a copy of a telegram from the Governor-General of Canada, containing information in respect of the recent seizures in Behring's Sea, and stating that affidavits were being forwarded.

[blocks in formation]

(Telegraphic.)

[ocr errors]

Inclosure in No. 224.

Lord Stanley of Preston to Lord Knutsford.

(Received September 29, 1889.)

SEIZURES of British vessels in Behring's Sea. "Black Diamond" seized 11th July; "Minnie," 15th July; "Juanita," 31st July; Pathfinder," 27th August; "Triumph" warned off, being threatened with seizure, 11th July. Official information recently received at Ottawa respecting "Minnie,' "Juanita," "Pathfinder." Affidavits being forwarded. Seizure of "Lily" reported; affidavit when received at Ottawa will be forwarded. Seizing officers removed skins, ammunition, arms, and ship's papers.

No. 225.

(Extract.)

Colonial Office to Foreign Office.-(Received September 14.)

Downing Street, September 13, 1889. WITH reference to your letter of the 2nd instant, and to previous correspondence respecting the seizures of Canadian sealers in Behring's Sea, I am directed by Lord Knutsford to transmit to you, for communication to the Marquis of Salisbury, a copy of a telegram which has been sent to the Governor-General of the Dominion on the subject.

(Telegraphic.)

Inclosure in No. 225.

Lord Knutsford to Lord Stanley of Preston.

Downing Street, September 6, 1889. HER Majesty's Government communicating with United States' Government with a view to preventing further seizures in Behring's Sea.

No authentic and detailed information received as to seizures during the present fishing

season.

Appeal in case of 1886 seizures might be expedited by motion on meeting of Supreme Court October, but case could not be heard till spring.

No. 226.

Mr. Edwardes to the Marquis of Salisbury.-(Received by telegraph, September 20.)

(Extract.)

Washington, September 17, 1889. ON the 11th instant I had the honour to receive your Lordship's telegram informing me that it would be better that I should write privately to Mr. Blaine, saying that Her Majesty's Government were earnestly expecting an answer to their request that the United States' Government would send to Alaska such instructions as would put a stop to the seizures of British vessels, the reports of which seizures were causing much excitement both in England and Canada.

I now have the honour to inclose herewith a copy of the private letter which, in accordance with the terms of your Lordship's above telegrams, I addressed to Mr. Blaine on the 12th instant.

(Personal.)

My dear Mr. Blaine,

Inclosure in No. 226.

Mr. Edwardes to Mr. Blaine.

Washington, September 12, 1889. I SHOULD be very much obliged if you would kindly let me know when I may expect an answer to the request of Her Majesty's Government, which I had the honour of communicating to you in my note of the 24th August, that instructions may be sent to Alaska to prevent the possibility of the seizure of British ships in Behring's Sea. Her Majesty's Government are earnestly awaiting the reply of the United States' Government

on this subject, as the recent reports of seizures having taken place are causing much excitement both in England and in Canada.

[blocks in formation]

My Lord,

Mr. Edwardes to the Marquis of Salisbury.-(Received September 30.)

Washington, September 19, 1889. WITH reference to my despatch of the 17th instant, I have the honour to inclose herewith to your Lordship a copy of a note which I have received from the Secretary of State in reply to my personal note of the 12th instant, in which I inquired of him when I might expect an answer to the request of Her Majesty's Government that instructions may be sent to Alaska to prevent the possibility of the seizure of British ships in Behring's Sea.

Mr. Blaine states that he had supposed that his note of the 24th August, copy of which was inclosed in my despatch of the 26th August, would satisfy Her Majesty's Government that the President was earnestly desirous of coming to a friendly agreement on all matters at issue between the two Governments in relation to the Behring's Sea, and that he had further supposed that my mention to him that Sir Julian Pauncefote would be officially instructed to proceed, on his return to Washington, to a full discussion of the question removed all necessity of a preliminary correspondence touching its merits.

Mr. Blaine then goes on to say that, with reference more particularly to the question to which I had informed him Her Majesty's Government were expecting a reply, a categorical response would have been and still is impracticable, unjust to the United States' Government, and misleading to Her Majesty's Government, and that it was therefore the judgment of the President that the whole question could more wisely be remanded to the formal discussion so near at hand, which Her Majesty's Government have proposed, and to which the United States' Government have cordially assented.

The Secretary of State concludes by stating that he considers it proper to add that any instruction sent to Behring's Sea at the time of my original request, namely, the 24th August, would have failed to reach those waters before the proposed departure of the vessels of the United States.

[blocks in formation]

I HAVE the honour to acknowledge the receipt of your personal note of the 12th instant, written at Washington, in which you desire to know when you may expect an answer to the request of Her Majesty's Government "that instructions may be sent to Alaska to prevent the possibility of the seizure of British ships in Behring's Sea."

I had supposed that my note of the 24th August would satisfy Her Majesty's Government of the President's earnest desire to come to a friendly agreement touching all matters at issue between the two Governments in relation to Behring's Sea, and I had further supposed that your mention of the official instruction to Sir J. Pauncefote to proceed, immediately after his arrival in October, to a full discussion of the question removed all necessity of a preliminary correspondence touching its merits.

Referring more particularly to the question to which you repeat the desire of your Government for an answer, I have the honour to inform you that a categorical response would have been and still is impracticable, unjust to this Government, and misleading to the Government of Her Majesty. It was therefore the judgment of the President that the whole subject could more wisely be remanded to the formal discussion so near at hand, which Her Majesty's Government has proposed, and to which the Government of the Uuited States has cordially assented.

It is proper, however, to add that any instruction sent to Behring's Sea at the time of

your original request, upon the 24th August, would have failed to reach those waters before the proposed departure of the vessels of the United States.

I have, &c.

(Signed)

JAMES G. BLAINE.

Sir,

No. 228.

The Marquis of Salisbury to Mr. Edwardes.

Foreign Office, October 2, 1889.

IN my despatch of the 17th August 1 furnished you with copies of a correspondence which had passed between this Department and the Colonial Office, on the subject of the seizure of the Canadian vessels "Black Diamond" and "Triumph" in the Behring's Sea by the United States' Revenue-cutter "Rush."

I have now received, and transmit herewith, a copy of a despatch from the GovernorGeneral of Canada to the Secretary of State for the Colonies, † which incloses copies of the instructions given to the special officer placed on board the "Black Diamond" by the Officer commanding the "Rush" and of a letter from the Collector of Customs at Victoria, together with the sworn affidavits of the masters of the two Canadian vessels.

It is apparent from these affidavits that the vessels were seized at a distance from land far in excess of the limit of maritime jurisdistion which any nation can claim by international law.

The cases are similar in this respect to those of the ships "Caroline," "Onward,” and "Thornton," which were seized by a vessel of the United States outside territorial waters in the summer of 1887. In a despatch to Sir L. West dated the 10th September, 1887, which was communicated to Mr. Bayard, I drew the attention of the Government of the United States to the illegality of these proceedings, and expressed a hope that due compensation would be awarded to the subjects of Her Majesty who had suffered from them. I have not since that time received from the Government of the United States any intimation of their intentions in this respect or any explanation of the grounds upon which this interference with the British sealers had been authorized. Mr. Bayard did indeed communicate to us unofficially an assurance that no further seizures of this character should take place pending the discussion of the questions involved between the two Governments. Her Majesty's Government much regret to find that this understanding has not been carried forward into the present year; and that instructions have been issued to cruizers of the United States to seize British vessels fishing for seals in Behring's Sea outside the limit of territorial waters. The grounds upon which these violent measures have been taken have not been communicated to Her Majesty's Government, and remain still unexplained.

But, in view of the unexpected renewal of the seizures of which Her Majesty's Government have previously complained, it is my duty to protest against them, and to state that, in the opinion of Her Majesty's Government, they are wholly unjustified by international law.

No. 229.

I am, &c. (Signed)

SALISBURY.

The Marquis of Salisbury to Mr. Edwardes.

Sir, Foreign Office, October 2, 1889. AT the time when the seizures of British ships hunting seals in Behring's Sea during the years 1886 and 1887 were the subjects of discussion, the Minister of the United States made certain overtures to Her Majesty's Government with respect to the institution of a close time for the seal fishery, for the purpose of preventing the extirpation of the species in that part of the world. Without in any way admitting that considerations of this order could justify the seizure of vessels which were transgressing no rule of international law, Her Majesty's Government were very ready to agree that the subject was one deserving of the gravest attention on the part of all the Governments interested in those

waters.

The Russian Government was disposed to join in the proposed negotiations, but they were suspended for a time in consequence of objections raised by the Dominion of Canada,

* Nos. 202, 203, and 204.

† No. 222.

and of doubts thrown on the physical data on which any restrictive legislation must have been based.

Her Majesty's Government are fully sensible of the importance of this question, and of the great value which will attach to an international agreement in respect to it; and Her Majesty's Representative will be furnished with the requisite instructions in case the Secretary of State should be willing to enter upon the discussion.

You will read this despatch and my previous despatch of the same date to the Secretary of State, and if he should desire it you are authorized to give him copies of them.

I am, &c.

[blocks in formation]

I HAVE received your despatch of the 17th ultimo, and I have to inform you that I approve the terms of your letter to Mr Blaine, inquiring when a reply might be expected to the request of Her Majesty's Government that instructions might be sent to the Alaska authorities to prevent the possibility of further seizures of British sealingvessels in Behring's Sea.

I am, &c.

(Signed)

SALISBURY.

No. 231.

Sir,

Colonial Office to Foreign Office.-(Received October 5.)

Downing Street, October 5, 1889.

I AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a letter from Mr. T. U. Clarke, inclosing a Report of a meeting at Victoria, British Columbia, held to protest against the seizure of British sealing-vessels in Behring's Sea, and adverting to the case of the "Juanita."

Lord Knutsford would be glad to be informed what answer Lord Salisbury wishes to be returned to Mr. Clarke.

[blocks in formation]

My Lord,

Inclosure in No. 231.

Mr. Clarke to Lord Knutsford.

Highgate House, Kilsby, Rugby, September 24, 1889.

I BEG to call your attention to the Report of a meeting headed "A Vigorous Protest," in inclosed Victorian (British Columbia) paper, referring to the seizure of British sealing-vessels in the high seas.

Also to the notice, marked on p. 4, referring to the robbery of 620 sealskins from the "Juanita," of which vessel my brother is captain and part-owner.

As the vessel was 80 miles from land at the time of the seizure, I, on my brother's behalf, beg respectfully to ask whether Her Majesty's Government is taking steps to prevent these illegal seizures, and also to obtain compensation for those who suffer thereby.

Your kind attention and advice will oblige.

[blocks in formation]
« ПретходнаНастави »