We set sail for Oonalaska where the captain hoped to fall in with a British man-ofwar, and arrived at that place on the 15th day of July. There being no man-of-war there, and the Indians having become very mutinous, and threatening to throw us overboard if they thought we were going to Sitka, we set sail for the port of Victoria, reaching the latter place on the 3rd day of August, 1889, at about the hour of 7 P.M. The man Hawkinsen, during the voyage, did not attempt to give any directions or suggestions as to the course to be taken by the schooner, and on arrival at Victoria was placed on shore by one of the schooner's boats.

And I make this declaration conscientiously believing the same to be true, and by virtue of the Oaths Ordinance, 1889.

Declared before me at the city of Victoria, this 8th day of August, 1889.

This is the statutory declaration of Alexander Gault referred to as marked (X) in the declaration of Morris Moss made before me the 19th day of November, 1889. A. L. BELYEA, Notary Public.

(Signed)

Inclosure 10 in No. 269.

My Lord,

Lord Stanley of Preston to Lord Knutsford.

Government House, Ottawa, December 17, 1889. WITH reference to the Deputy Governor's despatch of the 24th September last relating to the seizure in Behring's Sea of the British schooner "Lily," I have the honour to transmit to your Lordship a copy of an approved Report of a Committee of the Privy Council, submitting formal statements and claim to compensation advanced by the owners of that vessel against the United States' Government for ioss 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 December 2, 1889.

ON a Report dated the 28th November, 1889, from the Minister of Marine and Fisheries, submitting, in connection with the seizure in the Behring's Sea of the British schooner "Lily," the circumstances attending which were detailed in the Minute of Council approved by your Excellency on the 18th September, 1889," formal statements and claims by the owners to compensation for loss incurred by reason of the seizure of said vessel, and the forcible removal to the United States' Revenue cutter "Richard Rush" of 333 sealskins, as well as for the value of the estimated catch for the balance of the season had the vessel not been interfered with in the legitimate pursuit of her calling, which claim, with incidental expenses, aggregates the sum of 17,167 dollars.

The Minister 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 Exceilency be moved to forward copies hereof to the Right Honourable the Secretary of State for the Colonies.

All which is respectfully submitted.

Inclosure 12 in No. 269.

Declaration of Morris Moss.

Canada, Province of British Columbia,

City of Victoria.

I, MORRIS MOSS, of the city of Victoria, in the Province of British Columbia, Dominion of Canada, fur dealer and ship-owner, do solemnly and sincerely declare as follows:

1. I am a British subject by birth, and the duly registered owner of the schooner Lily" of the port of Victoria aforesaid.

2. On the 20th day of May, A.D. 1889, the said schooner "Lily" cleared at the Customs-house, Victoria aforesaid, for a fishing and hunting voyage in the North Pacific Ocean and Behring's Sea.

3. On the 1st day of September, A.D. 1889, the said schooner "Lily" returned to the said port of Victoria, and hereto annexed, marked (X), is the statutory declaration of John Reilly, the master of the said schooner "Lily" on said voyage, setting forth the cause and manner of the return to Victoria of said schooner from such voyage, which said statement I verily believe to be true.

4. The value of the sealskins taken from the said "Lily," as set out in said John Reilly's statement, was, on or about the 1st day of October (when in due course the said vessel would have delivered her cargo of skins at Victoria aforesaid), 8 dollars per skin. The salt so taken as aforesaid was worth 5 dollars, and the Indian spears 4 dollars each.

5. From the actual catch of seals made in said sea during said season by other vessels, I verily believe that had the said "Lily" not been seized, and her hunting voyage broken up, as set out in said statement of John Reilly, the said hunters on said schooner "Lily" would have captured at least 2,100 sealskins in Behring's Sea during the season of 1889.

6. I for myself and the crew and hunters of the said "Lily" claim damages against the Government of the United States of America for the seizure of the said "Lily," and for the taking and detention of said 333 sealskins, and for 1,767 sealskins, the balance of the estimated catch of 2,100 in Behring's Sea for the full season of 1889; also for the salt and Indian spears and ship's papers taken as aforesaid, and for legal and other expenses incidental to, and arising out of, such seizure, and the preparation and submission of this claim therefor and interest thereon, at the rate of 7 per cent. per annum until paid.

7. Hereto annexed, marked (A), is a statement in detail of such claim for damages. And I, Morris Moss, make this solemn declaration conscientiously believing the same to be true, and by virtue of the Act respecting Voluntary and Extra-Judicial Oaths. (Signed) MORRIS MOSS. Declared by the said Morris Moss at the city of Victoria, the 19th day of November, A.D. 1889.

BY owner of schooner 66

Lily" against the Government of the United States of America for seizure in Behring's Sea on the 6th August, A.D. 1889.

333 sealskins (seized).

1,767 sealskins, balance of estimated catch by "Lily" for full season of 1889
in Behring's Sea.

Dollars.

This is the Statement of Claim referred to as marked (A) in the declaration of Morris Moss, made before me the 19th November, 1889.

In the matter of the seizure of the sealing schooner "Lily" by the United States' Revenue cutter "Richard Rush," on the 6th day of August, A.D. 1889.

I, John Reilly, of the city of Victoria, British Columbia, master mariner, do solemnly and sincerely declare that :-

1. I am a master mariner, and was at the time of the occurrences hereinafter mentioned, and still am master of the schooner "Lily" of the Port of Victoria, British Columbia.

2. On the 6th day of August, A.D. 1889, whilst I was on board and in command of the said schooner "Lily," and she being then on a sealing expedition, and being in latitude 55° 29′ north, and longitude 166° 15′ west, and at a distance of about 66 miles from the nearest land, the United States' Revenue. cutter "Richard Rush" overhauled the said schooner.

3. I was first boarded by the First Lieutenant, who was armed, and who asked me how many skins I had on board. I replied I replied that he should find out himself, and said that if he wanted to see the schooner's papers I would show them to him and would render him assistance should he want to search the schooner for contraband goods, but I would not acknowledge his right to seize me for sealing on the high seas.

4. The First Lieutenant then returned to the cutter, and in a short time returned accompanied by another boat of the cutter which was in charge of the Second Lieutenant.

5. They both came on board, and the First Lieutenant demanded of me the surrender of the schooner, and asking, at the same time, for the schooner's papers. This I at first declined to do, and the First Lieutenant said unless I gave the schooner's papers to him at once he would take them by force. I then gave him the schooner's papers, consisting of registry, coasting licence, and clearance.

6. The First Lieutenant then ordered both boats' crew to search the schooner, and they took from my schooner 333 sealskins, all in good order.

7. He then asked me if I would give him two sacks of salt. I told him it would be useless for me to refuse, as he could take them by force, so I told him to go ahead and help himself.

He then gave me two letters, the contents of which were unknown to me at the time, one of them being sealed, the contents of which is still unknown to me, the other certifying that he had seized the schooner "Lily" for violation of the United States' laws, and taken possession of schooner's papers.

8. He then told me to proceed to Sitka, Alaska. I asked him if he wanted me to go to Victoria or Sitka, Alaska, to which he replied that he had nothing to say but simply told me his orders.

9. My crew, at this time, consisted of a mate, George McDonald, and three white men, and twenty-five Indian hunters. The Indian hunters said that they would not proceed to Sitka, and to avoid further trouble I directed the schooner course to Victoria, and arrived here the 1st day of September at 7 o'clock P.M.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths Ordinance, 1889.

(Signed)

JOHN REILLY.

Declared at the city of Victoria, British Columbia, this 11th day of September, 1889. Before me,

This is the statutory declaration of John Reilly, referred to as marked (X) in the declaration of Morris Moss, made before me the 19th November, 1889.

Sir,

(Signed)

A. L. BELYEA, Notary Public.

No. 270.

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

Downing Street, January 18, 1890.

1 AM directed by Lord Knutsford to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch and its inclosures from the Governor-General of

Canada, forwarding a claim for compensation from the owners of the schooner" Ariel " for loss incurred by reason of its being interfered with by the United States' Revenue cutter "Richard Rush" while engaged in a sealing voyage in Behring's Sea.

I am, &c.

(Signed)

Inclosure 1 in No. 270.

Lord Stanley of Preston to Lord Knutsford.

R. H. MEADE.

My Lord, I HAVE the honour to transmit to your Lordship a copy of an approved Minute of the Privy Council submitting a declaration and formal statement of claim to compensation on behalf of the owners of the British schooner "Ariel" for loss incurred by reason of the said vessel being interfered with by the United States' Revenue cutter "Richard Rush" while engaged in a sealing voyage in Behring's Sea.

Government House, Ottawa, December 31, 1889.

I have, &c.

Report of a Committee of the Honourable the Privy Council, approved by his Excellency the Governor-General in Council, on December 28, 1889.

ON a Report, dated the 27th December, 1889, from the Minister of Marine and Fisheries submitting the appended declaration and formal statement of claim to compensation on behalf of the owners of the British schooner " Ariel," which vessel was, on the the 30th day of July, 1889, while engaged in a sealing voyage in the Behring's Sea (so called) boarded by three officers from the United States' Revenue cutter "Richard Rush." The officer searched and examined the schooner "Ariel," and questioned the master as to his voyage, crew, and catch; and also warned him against taking seals in the Behring's Sea under threat of seizure of the vessel and the arrest of himself and mate.

The Minister observes that the claim amounts to 9,498 dollars for loss incurred by reason of the said vessel being interfered with in the legitimate pursuit of her calling, and is advanced by Mr. Samuel W. Bucknam, of Victoria, British Columbia, managing owner and master of the said schooner " Ariel," on behalf of himself and Messrs. John M. Taylor and Bela R. Lawrence, of the city of St. John, New Brunswick, as joint owners of the vessel in question.

66

The Minister 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 a copy of this Minute to the Right Honourable the Secretary of State for the Colonies, together with the papers mentioned herein.

All which is respectfully submitted for your Excellency's approval.

(Signed)

JOHN J. McGEE, Clerk,

Inclosure 3 in No. 270.

Declaration of Samuel W. Bucknam.

Privy Council.

Canada, Province of British Columbia,

City of Victoria.

I, SAMUEL W. BUCKNAM, of the city of Victoria, in the Province of British Columbia, and Dominion of Canada, master mariner, do solemnly and sincerely declare as follows:

1. The hereinafter-mentioned schooner" Ariel" is a British vessel registered at the port of St. John, in the province of New Brunswick, one of the provinces of the Dominion of Canada.

2. The registered owners of the said schooner "Ariel" are John M. Taylor and

Bela R. Lawrence, both of the city of St. John aforesaid, who each own twenty-four shares thereof, and myself, who own the remaining sixteen shares thereof.

3. I am the managiag owner and master of the said schooner "Ariel."

at

4. On the 9th day of February, 1889, A.D., I cleared the said schooner "Ariel" the Customs at the said port of Victoria for a fishing and seal-hunting voyage in the North Pacific Ocean and Behring's Sea, and on the 11th day of said month sailed from said port of Victoria on such voyage.

5. On and for said voyage I was master of said "Ariel" and one Herman Smith was mate, and said Ariel " on said voyage carried a crew of twenty-two men all told. The said schooner "Ariel" was equipped and provisioned for a full season's voyage. 6. On the 12th day of July following, the "Ariel" entered Behring's Sea. The sealskins which had been taken by the hunters on said schooner in the North Pacific Ocean had been shipped to Victoria before entering Behring's Sea, and no skins were on board on said 12th July.

7. The hunters on the "Ariel" began sealing on the 14th day of said July, and in the sixteen days following captured about 400 sealskins.

8. On the 30th day of said month of July, at about 6 o'clock in the morning, the United States' Revenue cutter "Richard Rush came alongside the "Ariel" and three officers from said "Richard Rush" boarded the "Ariel." The said officers examined and searched the "Ariel," asked the number of my crew, when I entered the sea, and how many sealskins I had on board, and warned and threatened me that if I was caught taking seals, or with fresh sealskins on board, the "Ariel" would be seized, and myself and mate placed under arrest. The said officers also told me that they had seized the schooners" Pathfinder," "Black Diamond," and " Minnie," and searched other vessels in the sea. The officers then left, and shortly after the cutter sailed away.

9. Fearing to remain in Behring's Sea lest I should lose my vessel and be myself put in prison, I at once sailed for one of the passes leading from the sea. On the 31st day of July I lost a boat with three men, and remained some days in the immediate vicinity in order to pick them up. On the 21st August the "Ariel" sailed out of Behring's Sea, homeward bound, with 844 sealskins on board. On the 2nd day of September the "Ariel" arrived at Victoria aforesaid, fully one month earlier than the usual time of arrival for sealers from Behring's Sea.

10. From the actual number of seals captured by the "Ariel" before being boarded as aforesaid and from the number actually captured by other sealing vessels, with about the same equipment of boats and men as the "Ariel," I believe that had the "Ariel" not been molested in Behring's Sea (and but for such boarding and threatening as aforesaid she certyinly would have remained the full season) the said "Ariel" would have made a total catch of not less 2,000 sealskins.

11. The selling price of sealskins at said Victoria on the said arrival of the "Ariel" and on the 1st October, about which time sealing vessels usually arrive at Vietoria from a full season's voyage, was 8 dollars per skin.

12. I for myself, the said John M. Taylor, and the said Bella R. Lawrence, my co-owners in said schooner "Ariel," and likewise for the crew of the said "Ariel on said voyage who were and are entitled to share in the total catch of sealskins by said vessel for the full season aforesaid, claim damages of and from the Government of the United States of America for the illegal boarding as aforesaid of the said schooner, and for having by threats and intimidation broken up the voyage of said schooner "Ariel " and thereby caused the loss of at least 1,156 sealskins to the said vessel, her owners, and crew, and for legal and other expenses incidental to the preparation and submission of this claim.

13. Hereto annexed, marked (A), is a statement of such claim for damages as aforesaid.

And I, Samuel W. Bucknam aforesaid, make this solemn declaration conscientiously believing the same to be true and by virtue of the "Act respecting voluntary and extra-judicial oaths."

Signed and declared by the said Samuel W. Bucknam the 29th day of November, A.D. 1889.

Before me,