Sir, No. 232. Foreign Office to Colonial Office. Foreign Office, October 5, 1889. I HAVE laid before the Marquis of Salisbury your letter of the 10th ultimo, inclosing a copy of a despatch from the Governor-General of Canada, dated the 26th August last, in which his Excellency transmits copies of the instructions given to the special officer placed on board the "Black Diamond" by the officer commanding the United States' Revenue-cutter "Rush," and of a letter from the Collector of Customs at Victoria, together with affidavits of the masters of the "Black Diamond" and "Triumph." I am directed by his Lordship to state in reply, for the information of Lord Knutsford, that he has addressed to Her Majesty's Chargé d'Affaires at Washington the two despatches of which copies are inclosed.* They have been submitted to, and have received the concurrence of, the Law Officers of the Crown. No. 233. I am, &c. (Signed) T. H. SANDERSON. Mr. Edwardes to the Marquis of Salisbury.-(Received by telegraph, October 13.) My Lord, Washington, October 12, 1889. I HAD the honour to receive on the 11th instant your Lordship's despatches of the 2nd instant on the subject of the seizures of British vessels in Behring's Sea. With the view of carrying out your Lordship's instructions to read the above despatches to the Secretary of State, leaving with him, should he desire it, copies thereof, I called yesterday at the Department of State, but was unable to find Mr. Blaine that day. Accordingly, I called on him the next morning by appointment, read the two despatches to him, and left with him copies of the same. When I came to the passage in your Lordship's despatch which refers to the communication made by Mr. Bayard to Her Majesty's Government, unofficially, of an assurance that no further seizures of the character indicated should take place pending the discussion of the questions involved between the two Governments, Mr. Blaine stopped me and asked me if I could tell him in what manner this unofficial assurance had been given. I replied that I believed it to have been given in a letter from Mr. Bayard to Sir L. West, and that the letter would be found in the printed correspondence relative to the seal fisheries in Behring's Sea which was laid before Congress this year.† When I had concluded the reading of the despatches, Mr. Blaine asked me for copies of them, which I handed to him, and before I took my leave he said that he would send me a reply later on. I have, &c. (Signed) H. G. EDWARDES. No. 234. Sir, The Marquis of Salisbury to Mr. Edwardes.-(Substance telegraphed.) Foreign Office, October 14, 1889. WITH reference to your telegram of the 12th instant, I have to observe that the assurance to which I alluded in my despatch of the 2nd instant was conveyed to me unofficially by Mr. Phelps on the 3rd April, 1888. The conversation was recorded in a letter of the same date to the Colonial Office. There is also an allusion in a similar sense in a despatch from Sir L. West of the 6th April. I am, &c. (Signed) SALISBURY. *Nos. 228 and 229. See Message from the President of the United States of February 12, 1889, p. 12; Mr. Bayard to Sir L. West, February 3, 1887. See Nos. 111 and 120. No. 235. Foreign Office to Colonial Office. Foreign Office, October 15, 1889. Sir, I AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 5th instant, forwarding copy of a letter and inclosures from Mr. T. A. Clarke relative to the seizure of British sealing-vessels in Behring's Sea, with special mention of the case of the "Juanita," and asking what reply should, in Lord Salisbury's opinion, be returned to Mr. Clarke. I am directed by his Lordship to suggest that the answer should be to the effect that the question is at present under discussion between the two Governments, and that Sir J. Pauncefote, who is now on his way out, will at once enter upon the subject on his arrival at Washington. I am, &c. (Signed) T. H. SANDERSON. No. 236. Sir, Colonial Office to Foreign Office.-(Received October 25.) Downing Street, October 24, 1889. WITH reference to the letter from this Department of the 5th instant, I am directed by Lord Knutsford 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 Minute of his Privy Council, with copy of Resolutions passed at a meeting of the citizens of Victoria, British Columbia, on the 31st August last, respecting the seizure of British sealing-vessels in Behring's Sea. Lord Knutsford proposes to reply to the Governor-General, with the concurrence of Lord Salisbury, in terms similar to those suggested as a reply to Mr. Clarke in your letter of the 15th instant. I am, &c. (Signed) R. H. MEADE. Inclosure 1 in No. 236. Deputy Governor Sir W. Ritchie to Lord Knutsford. My Lord, Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, on the 14th September, 1889. ON a Report, dated the 11th September, 1889, from the Minister of Marine and Fisheries, submitting a copy of the Resolutions passed at a meeting of the citizens of Victoria, British Columbia, on the 31st August, having reference to the Behring's Sea seizures, the Committee, on the recommendation of the Minister of Marine and Fisheries, advise that your Excellency be moved to forward a copy thereof to the Right Honourable the Principal Secretary of State for the Colonies, for submission to Her Majesty's Govern ment. All which is respectfully submitted. (Signed) JOHN J. MCGEE, Inclosure 3 in No. 236. Resolutions adopted at a Meeting of the Citizens of Victoria, British Columbia, held August 31, 1889. [See Inclosure 2 in No. 231.] Sir, No. 237. Colonial Office to Foreign Office.-(Received October 25.) Downing Street, October 24, 1889. I AM directed by Lord Knutsford to transmit to you, for the consideration of the Marquis of Salisbury, copies of four despatches, with accompanying papers, received from the Governor-General of Canada, relating to the seizure, by the United States' Revenuecutter "Rush" in the Behring's Sea, of the British sealing-vessels named in the margin.* I have, &c. (Signed) R. H. MEADE. My Lord, Inclosure 1 in No. 237. Deputy Governor Sir W. Ritchie to Lord Knutsford. Ottawa, September 20, 1889. I HAVE the honour to inclose herewith, for your Lordship's information, a copy of an approved Minute of the Privy Council, submitting the affidavit of the owner and master of the British schooner "Minnie," who therein set forth the circumstances under which that vessel with her cargo of sealskins was seized in Behring's Sea on the 15th July last by the United States' Revenue-cutter "Rush." Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, on the 14th September, 1889. ON a Report, dated the 12th September, 1889, from the Minister of Marine and Fisheries, submitting the affidavit of the owner and master of the British schooner "Minnie," which vessel, with her cargo of 421 sealskins, was seized in the Behring's Sea on the 15th July last by the United States' Revenue-cutter "Rush;" the Committee recommend that your Excellency be moved to transmit a copy of this Minute, together with copy of the annexed affidavit, to the Right Honourable the Principal Secretary of State for the Colonies, for submission to Her Majesty's Government. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. MCGEE, Inclosure 3 in No. 237. Affidavit of Victor Jacobson. I, VICTOR JACOBSON, owner and master of the British schooner "Minnie," o. Victoria, British Columbia, make oath and say: I cleared my vessel from Victoria in the early part of May for a sealing voyage to Behring's Sea. My crew consisted of five white men and sixteen Indians. I entered the sea on the 27th June, and commenced sealing on the 15th July. I was hove-to under reefed mainsail and jib, when I perceived a vessel under full steam bearing down upon us. * "Minnie," "Juanita," "Pathfinder," and "Lily." This was about 3 P.M. I made sail and tried to get away, but was soon overhauled by what turned out to be the United States' cutter "Rush." Some one on board shouted out, "Heave-to." I did so, and a boat filled with men came alongside. A Lieutenant came on board and asked me for my papers, which I gave him. He then asked me how many seals I had. I replied about 450. He then took my papers off to the cutter, and returned and ordered his men to take off the hatches, and bring up all the skins they could find. They took off 421 skins to the cutter. I went on board the cutter and interviewed Captain Shepherd, who told me he must obey his orders, which were to seize every schooner found sealing in the Behring's Sea, and send them to Sitka. I returned to the schooner, when the Lieutenant asked me for my guns and spears. He took a breechloading gun and a muzzle-loader, but refused a French musket which I offered him. He then left with his men, leaving one man on board. The cutter then steamed away. The Lieutenant told me before leaving that I was 65 miles south-east by east from Aonimak Pass. After the cutter left the United States' sailor told me he was in charge, but he never attempted to interfere with the working of the vessel. Some time afterwards he showed me his written instructions, which were that the vessel should proceed to Sitka, and there be handed over to United States' Marshal, and that the captain and mate should be arrested. I then concluded I would not go to Sitka, but would continue iny voyage. That night we made some new spears, and next morning commenced hunting as though nothing had happened. We captured fifty seals that day and ninety on the next, kept on hunting until the 17th August, when, having five hundred seals on board, I left for the south. After passing through Aonimak Pass, I told the prize crew I should steer for Victoria. He replied, He replied, "I always thought so." The Indians told me if the United States' sailor attempted to take the vessel to Sitka they would throw him overboard. We arrived in Victoria last evening, and to-day at noon the prize crew came ashore and reported at the American Consulate. Sworn before me, at Victoria, British Columbia, 2nd day of September, A.D. 1889. (Signed) ROBERT WARD, A Justice of the Peace for the Province of British Columbia. My Lord, Inclosure 4 in No. 237. Deputy Governor Sir W. Ritchie to Lord Knutsford. Ottawa, September 21, 1889. I HAVE the honour to transmit herewith a copy of an approved Minute of the Privy Council, submitting the affidavit of the master and mate of the British schooner "Juanita," which vessel was seized on the 31st July last by the United States' Revenuecutter "Rush," together with a copy of the receipt of the captain of the "Rush" for the ship's papers, and a sealed envelope addressed to the United States' District Attorney at Sitka. Your Lordship will observe that the seizure took place about 80 miles from the nearest land. I have, &c. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, on the 14th September, 1889. ON a Report dated the 12th September, 1889, from the Minister of Marine and Fisheries, submitting the affidavit of the master and mate of the British schooner "Juanita," which vessel, with her cargo of 620 sealskins, was seized in the Behring's Sea on the 31st July last by the United States' Revenue-cutter "Rush," together with the original receipt of the captain of the "Rush" for the ship's papers, and a sealed envelope addressed to the United States' District Attorney at Sitka; and it will be observed that in this case the captain of the "Rush" has fixed the latitude and longitude at which the seizure took place at 55° 42′ north latitude and 170° 40′ west longitude, which is about 80 miles from the nearest land, and, as the captain of the "Juanita" defines it, "on the blue waters of the Great Ocean." The Committee recommend that your Excellency be moved to transmit a copy of this Minute, together with copy of the annexed papers, to the Right Honourable the Secretary of State for the Colonies, for submission to Her Majesty's Government. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. MCGEE, Clerk, Privy Council. Inclosure 6 in No. 237. Affidavit of the Master and Mate of the British Schooner "Juanita." WE, the undersigned master and mate of the British schooner "Juanita," hereby affirm and declare : That the schooner "Juanita" entered the Behring's Sea on the 2nd day of July, 1889, having on board a crew consisting of four white men and fourteen Indians, all told, with seven canoes and one boat, the said schooner being engaged on a fur-sealing voyage. That on the 31st day of July, at about 3 A.M., the schooner being, at that time in latitude 55° 30′ north, longitude 170° 25' west, according to the master's reckoning, the United States' Revenue-cutter "Richard Rush" was discovered a short distance from the vessel. After some delay she (the "Richard Rush ") steamed alongside the "Juanita," and the captain requested that the schooner be hove-to, as he wished to board her. In the course of a very short time the schooner was boarded by three officers, the senior of whom inquired from the master with regard to the length of time the vessel had been in the sea, and the number of skins on board. On learning these particulars he (the officer) informed the master of the "Juanita" that he should have to seize his vessel and catch; after which he instructed his boat's crew to tranship the sealskins (620 in number) to the "Richard Rush," which work was immediately proceeded with. The schooner's master remonstrated with the steamer's officer at the irregularity of this proceeding, pointing out the fact that the vessel was then something like 80 miles from the nearest land, and on the blue water of the Great Ocean, to which the officer replied that he was simply carrying out the orders and instructions of his superiors. He then demanded the schooner's papers and the spears of the Indian hunters, which were given up. The papers consisted of the schooner's certificate of registration and her clearance. After all the skins had been transhipped, two letters were sent on board the schooner; one (addressed to the master) proved to be a certificate of the seizure, and the other was addressed to the District Attorney of Alaska at Sitka. With these came verbal instructions to the master to proceed with his vessel to Sitka, after which the steamer went on her way. During the time of these operations the British ensign was flying at the schooner's peak, nor was it hauled down until after the steamer had resumed her course. To whom it may concern. Certificate of Seizure. United States' Revenue-steamer "Rush," Behring's Sea, THIS will certify that I have this day seized the British schooner "Juanita," of Victoria, British Columbia, C. E. Clarke, master, for violation of law, section 1956 Revised Statutes, United States, and taken possession of his ship's papers, consisting of registry and clearance. |