No. 251. The Marquis of Salisbury to Sir J. Pauncefote.-(Substance telegraphed.) Foreign Office, December 7, 1889. Sir, I HAVE been informed that a telegram has been received by the Secretary of State for the Colonies from the Governor-General of Canada, reporting that his Council have expressed the following views in regard to reopening negotiations with the United States' Government on the subject of the Behring's Sea seal fishery. It is held by the Government of Canada, on evidence which they deem sufficient, that If, however, the renewal of negotiations is considered expedient by Her Majesty's 1. That the United States' Government shall first abandon any claim to regard the 2. That there shall be a direct Representative of Canada on the British Commission entrusted with the negotiations, in the same manner as at the negotiations for the Treaty of Washington in 1871, the Fisheries Commission under that Treaty, and the Treaty of Washington of last year. 3. That any conclusions which may be the result of the negotiations shall be referred to the Dominion Government for approval. 4. That Great Britain and Canada, without Russia, shall conduct any negotiations for compensation for losses to British subjects arising out of the action of the United States' authorities. I have to request you to inform me whether you consider that these proposals will furnish the bases of possible negotiation. No. 252. I am, &c. (Signed) SALISBURY. Sir J. Pauncefote to the Marquis of Salisbury.-(Received by telegraph, December 10.) My Lord, Washington, December 12, 1889. IMMEDIATELY on the receipt of your Lordship's telegram of the 7th instant, containing certain proposals of the Dominion Government in relation to the Behring's Sea question, and instructing me to report whether, in my opinion, those proposals furnished a basis of possible negotiation, I obtained an interview with Mr. Blaine, and I sounded him on the subject of Canada being directly represented in any diplomatic negotiations which might be renewed for the settlement of the controversy. Mr. Blaine at once expressed his absolute objection to such a course. He said the question was one between Great Britain and the United States, and that his Government would certainly refuse to negotiate with the Imperial and Dominion Governments jointly, or with Great Britain, with the condition that the conclusions arrived at should be subject to the approval of Canada. I did not touch on the other proposals, for the following reasons. As regards the abandonment of the mare clausum claim, no such claim having been officially asserted by the United States' Government, they would naturaily object to withdraw it; and as regards the suggested amendment of their legislation, such a proposal would gravely embitter the controversy, and is hardly necessary, as I conceive that there is nothing in the terms of such legislation, if correctly interpreted, with due regard to international law, which supports the mare clausum claim. Lastly, it has never been suggested that Russia should intervene in the question of compensation, but on that question also the United States' Government will insist on In my opinion, therefore, the proposals of the Dominion Government do not furnish a basis of possible negotiation. Sir, No. 253. Colonial Office to Foreign Office.-(Received December 10.) Downing Street, December 10, 1889. WITH reference to previous correspondence, I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a telegram from the Governor-General of Canada, containing the views of his Government as to the proposed negotiations at Washington for the establishment of a close time for seals in Behring's Sea. As at present advised, Lord Knutsford is disposed to think that the conditions (b), (c), (d), upon which the Dominion Government are willing to enter upon the negotiations, may be acceded to; and his Lordship trusts that the point referred to in (a) may prove capable of arrangement. I am to take this opportunity of transmitting to you, for Lord Salisbury's information, copies of the despatch and the telegram to which this message replies. I am, &c. My Lord, Inclosure 1 in No. 253. Lord Knutsford to Lord Stanley of Preston. Downing Street, November 23, 1889. HER Majesty's Government have been informed that a proposal to renew at Washington the diplomatic negotiation commenced last year between the Governments of the United States, Great Britain, and Russia, with a view to prevent the extermination of seals in Behring's Sea by their wholesale destruction during the breeding season, would be acceptable to the Government of the United States. In commencing negotiation it would be desirable to obtain, in the first place, an admission from the United States' Government that they have no right to claim the Behring's Sea as a mare clausum, and thus admission will of course remove a serious impediment which had embarrassed the discussion of the various questions at issue. Another point to be kept in view, would be the consent of the United States' Government to give such directions as may be necessary for the prevention of any further seizures of Canadian vessels in the Behring's Sea, though it may be observed that the negotiations ought to be satisfactorily concluded before April, until which month there would be no question of further seizures. With regard to the compensation payable on account of past seizures, there is reason to believe that the United States' Government would propose that this subject should form a part of the general negotiations. I think I am right in concluding that the Dominion Government is now prepared to concur in any reasonable arrangement for the establishment of a close season in Behring's Sea, and I therefore anticipate that your advisers will agree with Her Majesty's Government in thinking it expedient to commence the suggested negotiation at an early date, Her Majesty's Minister being assisted during the negotiation by an officer or officers of the Canadian Government. You will understand that the conclusions which may be arrived at by the Representatives of the three Powers would be reported to their respective Governments for consideration, and would not be binding upon the subjects of any Power which has not accepted them. I have explained to the High Commissioner for Canada the general nature of this proposal, and I shall be glad to learn by telegraph that your Ministers agree with Her Majesty's Government that Her Majesty's Minister should be instructed to propose formally to the United States' Government the resumption of the tripartite negotiation at Washington in the event of his receiving satisfactory assurances from Mr. Blaine on the subject of the compensation claimed for British subjects, and the cessation of seizures. (Signed) I have, &c. KNUTSFORD. Inclosure 2 in No. 253. Lord Knutsford to Lord Stanley of Preston., (Telegraphic.) Downing Street, December 5, 1889. HOPE that Colonial Government agree to proposal indicated in my despatch of 23rd November on the seal fishery question. Her Majesty's Government anxious for reply by telegraph as soon as possible. Inclosure 3 in No. 253. My Lord, Lord Stanley of Preston to Lord Knutsford. Government House, Ottawa, December 6, 1889. I HAD the honour to send to your Lordship to-day a telegraphic message, of which the following is the substance : "In reply to your telegram Privy Council, at a meeting held to-day, recommend a reply to be sent as follows:--- "1. Satisfactory evidence is held by Canada that the danger of extermination does not really exist. "2. That if United States' Government holds different opinion the proposal should be made by them. "If it is deemed expedient by Her Majesty's Government to initiate proceedings, Canadian authorities consent to a reopening of negotiations on the following conditions: "(a.) That the United States abandon its claim to consider Behring's Sea as a mare clausum, and repeal all legislation seeming to support that claim. "(b.) That as in the cases of the Washington Treaty 1871, the Fishery Commission under that Treaty and the Washington Treaty 1888, Canada shall have direct representation on the British Commission, (c.) The approval of Canada to any conclusions arrived at shall be necessary. (d.) Russia to be excluded from the negotiations in reference to compensation and seizures." Foreign Office, December 11, 1889. 1 AM directed by the Marquis of Salisbury to acknowledge the receipt of your letter of the 6th instant, in which, on behalf of the Committee of the International Arbitration and Peace Association, you call attention to the question of the seal fisheries in Behring's Sea. I am to state, in reply, for the information of your Committee, that this matter is receiving the earnest attention of Her Majesty's Government. I am, &c. Sir, No. 255. Colonial Office to Foreign Office.-(Received December 12.) Downing Street, December 12, 1889. WITH reference to the letter from this Department of the 24th October, relating to the seizure, by the United States' authorities in Behring's Sea, of the British schooners "Juanita" and "Pathfinder," I am directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, for such action as his Lordship may think proper, copies of two despatches from the Deputy Governor of Canada, forwarding claims for compensation for loss sustained by reason of such seizures. I am, &c. My Lord, Inclosure in No. 255. Deputy Governor Ritchie to Lord Knutsford. Ottawa, November 14, 1889. WITH reference to my despatch of the 21st ultimo, dealing with the seizure of the British schooner "Juanita" in Behring's Sea, I have the honour to transmit herewith a copy of an approved Report of a Committee of the Privy Council, submitting the claim to compensation advanced by the owners of that vessel against the United States' Government for loss incurred by reason of her seizure. Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council on the 9th November, 1889. ON a Report, dated the 4th November, 1889, from the Minister of Marine and Fisheries, submitting, in connection with the seizure in the Behring's Sea of the British schooner "Juanita," the circumstances attending which were detailed in a Minute of Council dated the 14th September, 1889, formal statements and claim to compensation for loss incurred by reason of the seizure of said vessel, and the transfer of the United States' Revenue cutter "Richard Rush" of her cargo of sealskins and twelve spears, as well as the estimated balance of sealskins to complete the vessel's catch had she not been interfered with in the legitimate pursuit of her calling, which, with incidental expenses, aggregate 14,695 dollars. The Minister observes that the claim is advanced by Mr. Richard Hall, of Hall, Goepel, and Co., of Victoria, British Columbia, part owners and business managers, and by Mr. Charles E. Clarke, part owner and master of the vessel in question; and he recommends that this claim be forwarded through the proper channel to Her Majesty's Government, for transmission to the Government of the United States. The Committee advise that your Excellency be moved to forward copies hereof to the Right Honourable the Secretary of State for the Colonies for transmission to the Government of the United States, as recommended by the Minister of Marine and Fisheries. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. MCGEE, Inclosure 3 in No. 255. Affidavit of Charles E. Clarke. City of Victoria, Province of British Columbia, Dominion of Canada. I, CHARLES E. CLARKE, of the city of Victoria, in the Province of British Columbia, Dominion of Canada, master mariner, do solemnly and sincerely declare: as follows: 1. I am the duly registered owner of sixteen sixty-fourths of the British vessel "Juanita," schooner-rigged, of the port of Victoria aforesaid, the other owners of said vessel being Richard Hall, merchant, William J. Goepel, merchant, both of the said city of Victoria, and Hans Helgeson, of the same place, fisherman, each owning an equal number of shares in said vessel. 2. On the 7th day of May, A.D. 1889, I cleared the said "Juanita" at the Customhouse at the said port of Victoria for a sealing and hunting voyage in the North Pacific Ocean and Behring's Sea. On the said voyage I was master of said vessel, and had a sailing crew of four men. The "Juanita" sailed from the port of Victoria on the th May last, and was equipped and provisioned for a full season's voyage and purposes above mentioned. 3. On the west coast of Vancouver Island I took on board fourteen Indian hunters, and then sailed northward. 4. On the 2nd day of July last the "Juanita" entered Behring's Sea through the Ounimak Pass. 5. Early in the morning of the 31st July last the United States' Revenue cutter "Richard Rush" steamed up to the "Juanita" and demanded that I heave my vessel to. I did so, and was at once boarded by three officers from the "Rush." The officer in charge asked me if I had any sealskins on board, and asked me if I had taken any seal in Behring's Sea. I told him I had come into the sea on the 2nd July, and had about 600 skins on board. He then reported to the Captain of the "Rush," informing me that he would have to seize my vessel and her cargo. 6. The Captain of the "Rush" ordered the sealskins to be taken from the "Juanita" and put on board the "Rush," which was at once done, the number taken being 600. A demand was made by the boarding officer for my ship's papers, and all guns, ammunition, and spears on board. He obtained the shifp's papers and spears (twelve in number), which were taken on board the "Rush." 7. Hereto annexed, marked "A," is a copy of the certificate of seizure given to me by the officer from the said steamer "Richard Rush," who also instructed me to proceed to Sitka, in the territory of Alaska, and to deliver a sealed letter, which he then handed me to the United States' District Attorney of that place. 8. Being unable to continue sealing and hunting, I sailed out of Behring's Sea, and arrived at Victoria aforesaid on the 30th day of August last. 9. On my arrival at Victoria I handed the said sealed letter to the Collector of Customs. 10. Had the "Juanita" not been seized, and her hunting implements taken away, I verily believe that the said "Juanita" would have made a total catch in Behring's Sea the full season of 1889 of not less than 1,800 sealskins. Declared at the city of Victoria, British Columbia, by the said Charles E. Clarke, the 15th day of October, a.d. 1889. (Signed) Before me, (Signed) ARTHUR LOUIS BELYEA, CHARLES E. CLARKE. A Notary Public by Royal authority in and for the Province of British |