is as great as that caused by the rejection of skins after being clubbed by the Alaska Commercial Company on the islands, to which reference is made in the Tables of Elliot's Report.

The Americans themselves in 1824 repudiated Russia's claim to the Behring's Sea when Russia seized the Boston brig "Pearl" for whaling. Two years later Russia had to give the vessel up, and paid damages.

In conclusion, I may say that the seized skins are liable to be valueless on account of neglect.

Captain Ogilvie's body has been discovered; a jury was empanelled, and a verdict was given in accordance with the facts of the case.

Hoping you may be pleased to advise us in this matter before our vessels sail, you will confer a great favour on your most obedient servant.

The Honourable George E. Foster,
Minister of Marine and Fisheries.

(Signed)

WM. MUNSIE.

No. 23.

The Earl of Iddesleigh to Sir L. West.-(Substance telegraphed.)

Sir, Foreign Office, January 8, 1887. REFERRING to previous correspondence in regard to the case of the three Canadian schooners engaged in the seal fishery in Behring's Sea, I transmit to you herewith a copy of a letter from the Colonial Office, with a despatch, and its inclosures, from the Governor-General of Canada, explaining the views of the Dominion Government in the matter.*

Nearly four months have now elapsed since my despatch of the 9th September last was addressed to you, in which you were directed to invite the Government of the United States to furnish you with any particulars they might possess relative to the occurrence; and further instructions were sent to you in my subsequent despatches of the 20th, 21st, and 30th October and the 18th November, but up to the present date no reply has been received from that Government as to the alleged proceedings of their officials.

I have now to instruct you to express to Mr. Bayard the concern of Her Majesty's Government at receiving no reply to the serious representations which they have felt compelled to make on the information which has reached them respecting the proceedings of the United States' cruizer "Corwin" in seizing British sealing schooners on the high seas, and to urge, with all the force which the gravity of the case requires, the immediate attention of the United States' Government to the action of the American authorities in their treatment of these vessels, and of their masters and crews.

No. 24.

I am, &c.

My Lord,

Sir L. West to the Earl of Iddesleigh.-(Received January 21.)

Washington, January 10, 1887. I HAVE the honour to acknowledge the receipt of your Lordship's telegram of the 8th instant, and to inclose to your Lordship herewith copy of a note which I immediately addressed to the Secretary of State, referring to my notes of the 27th September, 21st October, and 7th December last, and to your Lordship's despatch of the 30th October, copy of which I placed in his hands on the 12th November, and expressing the sense in which Her Majesty's Government viewed his silence with regard to the communications which had been made to him respecting the seizure of British vessels in Behring's Sea.

Sir,

of

I HAVE the honour to inform you that I have received instructions from the Earl Iddesleigh, Her Majesty's Principal Secretary of State for Foreign Affairs, again to

bring to your notice the grave representations made by Her Majesty's Government respecting the seizure of the British vessels "Carolina," "Onward," and "Thornton in Behring's Sea, by the United States' cruizer" Corwin," to which no reply has as yet been returned.

On the 27th September last I had the honour to address to you a note in which I stated that Her Majesty's Government requested to be furnished with any particulars which the United States' Government might possess relative to this occurrence.

On the 21st October last I had the honour to inform you that I was instructed by the Earl of Iddesleigh to protest, in the name of Her Majesty's Government, against such seizures, and to reserve all rights to compensation.

In a note dated the 12th November last you were good enough to explain the delay which had occurred in answering these communications, and, on the same day, I had the honour to communicate to you a despatch from the Earl of Iddesleigh, a copy of which, at your request, I placed in your hands.

On the 7th ultimo I again had the honour to address you, stating that vessels were equipping in British Columbia for fishing in Behring's Sea, and that the Canadian Government were desirous of ascertaining whether such vessels fishing in the open sea, and beyond the territorial waters of Alaska, would be exposed to seizure, and that Her Majesty's Government would be glad if some assurance could be given that, pending the settlement of the questions, no such seizures of British vessels would be made in Behring's Sea.

The vessels in question were seized at a distance of more than 60 miles from the nearest land at the time of their seizure. The master of the "Thornton" was sentenced to imprisonment for thirty days, and to pay a fine of 500 dollars, and there is reason to believe that the masters of the "Onward" and "Carolina" have been sentenced to similar penalties.

In support of this claim to jurisdiction over a stretch of sea extending in its widest part some 600 or 700 miles from the mainland, advanced by the Judge in his charge to the jury, the authorities are alleged to have interfered with the peaceable and lawful occupation of Canadian citizens on the high seas, to have taken possession of their ships, to have subjected their property to forfeiture, and to have visited upon their persons the indignity of imprisonment. Such proceedings therefore, if correctly reported, would appear to have been in violation of the admitted principle of international law. Under these circumstances, Her Majesty's Government do not hesitate to express their concern at not having received any reply to their representations, nor do they wish to conceal the grave nature which the case has thus assumed, and to which I am now instructed to call your immediate and most serious attention.

It is unnecessary for me to allude further to the information with which Her Majesty's Government has been furnished respecting these seizures of British vessels in the open seas, and which, for some time past, has been in the possession of the United States' Government, because Her Majesty's Government do not doubt that if, on inquiry, it should prove to be correct, the Government of the United States will, with their wellknown sense of justice, admit the illegality of the proceedings resorted to against the British vessels and the British subjects above mentioned, and will cause reasonable reparation to be made for the wrongs to which they have been subjected, and for the losses which they bave sustained.

In conclusion, I have the honour again to refer to your note of the 12th November last, and to what you said verbally to me on the same day, and to express the hope that the cause of the delay complained of in answering the representations of Her Majesty's Government on this grave and important matter may be speedily removed.

I have, &c.

Sir L. West to Her Majesty's Secretary of State, Foreign Office.-(Received January 26.) My Lord, Washington, January 13, 1887. WITH reference to my despatch of the 7th instant, I have the honour to inclose to your Lordship herewith copy of a note which I have received from the Secretary of State in answer to my communication expressing the concern of Her Majesty's Governmeht at receiving no reply to their representations respecting the seizure of British vessels in Behring's Sea.

I have, &c. (Signed)

L. S. SACKVILLE WEST.

Sir,

Inclosure in No. 25.

Mr. Bayard to Sir L. West.

Department of State, Washington, January 12, 1887. YOUR note of the 9th instant was received by me on the next day, and I regret exceedingly that, although my efforts have been diligently made to procure from Alaska the authenticated copies of the judicial proceedings in the cases of the British vessels "Carolina," "Onward," and "Thornton," to which you refer, I should not have been able to obtain them in time to have made the urgent and renewed application of the Earl of Iddesleigh superfluous.

The pressing nature of your note constrains me to inform you that on the 27th September last, when I received my first intimation from you that any question was possible as to the validity of the judicial proceedings referred to, I lost no time in requesting my colleague the Attorney-General, in whose Department the cases were, to procure for me such authentic information as would enable me to make full response to your application.

From week to week I have been awaiting the arrival of the papers, and to-day, at my request, the Attorney-General has telegraphed to Portland, in Oregon, the nearest telegraph station to Sitka, in Alaska, in order to expedite the furnishing of the desired

papers.

You will understand that my wish to meet the questions involved in the instructions you have received from your Government is averred, and that the delay has been enforced by the absence of requisite information as to the facts.

The distance of the vessels from any land, or the circumstances attendant upon their seizure, are unknown to me, save by the statements in your last note, and it is essential that such facts should be devoid of all uncertainty.

Of whatever information may be in the possession of Her Majesty's Government I have, of course, no knowledge or means of knowledge, but this Department of the Government of the United States has not yet been placed in possession of that accurate information which would justify its decision in a question which you are certainly warranted in considering to be of grave importance.

I shall diligently endeavour to procure the best evidence possible of the matters inquired of, and will make due response thereupon when the opportunity of decision is afforded to me.

You require no assurance that no avoidance of our international obligations need be apprehended.

No. 26.

I have, &c.

Sir,

The Marquis of Salisbury to Sir L. West.

Foreign Office, January 27, 1887.

WITH reference to your despatch of the 13th instant, I have to request you to make a point of inquiring from time to time whether the United States' Government have received the expected information with regard to the seizures of British vessels engaged in seal-fishing in Behring's Sea.

I am, &c.

Sir L. West to the Marquis of Salisbury.-(Received by telegraph, February 4.)

My Lord,

Washington, February 4, 1887.

HAVING reason to believe that the President was about to take some action in the case of the seizure of British vessels in Behring's Sea, I addressed a note, copy of which is inclosed, to the Secretary of State, after the receipt of your Lordship's telegram of the 27th ultimo, inquiring whether the United States' Government had received the information and papers connected therewith; and I now have the honour to inclose copy a note which I have received in reply thereto, stating that the papers in question were expected within a fortnight, and informing me that in the meanwhile, without conclusion at

of

this time of any questions involved, orders have been issued by the President for the discontinuance of all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in connection therewith, which information I telegraphed to your Lordship this day.

Since the receipt of the Earl of Iddesleigh's telegrain of the 6th December last I have from time to time endeavoured to obtain a decision in the sense of the note now addressed to me, which, as far as it goes, will, I trust, be considered by Her Majesty's Government as a satisfactory result.

In accordance with the instruction contained in the above-mentioned telegram, I have communicated this result to the Governor-General of Canada.

Washington, February 2, 1886.

Sir, I HAVE the honour to inform you that, under date of the 27th ultimo, the Marquis of Salisbury instructs me to inquire whether the information and papers relative to the seizure of the British schooners " Carolina," "Onward," and "Thornton" have reached the United States' Government.

Sir,

Inclosure 2 in No. 27.

Mr. Bayard to Sir L. West.

Department of State, Washington, February 3, 1887.

I BEG to acknowledge your note of yesterday's date, received to-day. Upon its receipt I made instant application to my colleague the Attorney-General in relation to the record of the judicial proceedings in the cases of the three British vessels arrested in August last in Behring's Sea for violation of the United States' Laws regulating the Alaskan seal fisheries.

I am informed that the documents in question left Sitka on the 26th January, and may be expected to arrive at Port Townsend, in Washington Territory, about the 7th instant, so that the papers, in the usual course of mail, should be received by me within a fortnight.

In this connection, I take occasion to inform you that, without conclusion at this time of any questions which may be found to be involved in these cases of seizure, orders have been issued, by the President's direction, for the discontinuance of all pending proceedings, the discharge of the vessels referred to, and the release of all persons under arrest in connection therewith.

No. 28.

I have, &c. (Signed)

T. F. BAYARD.

Colonial Office to Foreign Office.-(Received February 9.)

Downing Street, February 8, 1887.

Sir, WITH reference to previous correspondence respecting the seizure of Canadian sealing schooners in Behring's Sea, I am directed by Secretary Sir H. Holland to transmit to you, to be laid before the Marquis of Salisbury, a copy of a despatch, with its inclosures, from the Governor-General of Canada on the subject.

Sir H. Holland will be glad to be informed of any action which Lord Salisbury may think proper to take upon this despatch, in order that the Marquis of Lansdowne may be apprised accordingly.

I am, &c.

Sir,

Inclosure 1 in No. 28.

The Marquis of Lansdowne to Mr. Stanhope.

Government House, Ottawa, January 15, 1887. WITH reference to previous correspondence respecting the seizure of Canadian sealing schooners in Behring's Sea, I have the honour to transmit to you, in order that reparation may be sought from the United States' Government, a copy of an approved Report of a Committee of the Privy Council of Canada, submitting papers containing full statements of claims for damage sustained and compensation demanded by the owners, masters, and mates of the schooners "Onward," "Thornton," and "Carolina."

Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Governor-General in Council on the 3rd January, 1887.

ON a Report dated the 27th December, 1886, from the Minister of Marine and Fisheries, submitting papers containing full statements of claims for damage sustained and compensation demanded by the owners, masters, and mates of the sealing schooners Onward," "Thornton," and "Carolina," which vessels were seized by the United States' Revenue cutter "Corwin" in Behring's Sea in August 1886, and concerning which full representations have been made to Her Majesty's Government in despatches bearing date respectively the 23rd and 24th September and the 29th November, 1886, and recommending that copies of the same be transmitted to the Right Honourable the Principal Secretary of State for the Colonies, in order that reparation may be sought from the United States' Government for all damages and loss to British subjects consequent upon the illegal action of the United States' officers in the cases referred to:

The Committee, concurring in the above, advise that your Excellency be moved to transmit copies of the papers accordingly.

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

(Signed)

JOHN J. MCGEE, Clerk,

Documents annexed to preceding Report.

Privy Council.

The Claim of Daniel Munroe, Master of the British Schooner "Onward."

I claim against the Government of the United States, or whom it may concern, the sum of 8,000 dollars for loss of wages, lay-out, damages, and indemnity for illegal seizure of the schooner "Onward" by the Commander of the United States' steamer "Corwin " in Behring's Sea on the 1st August, 1886, or thereabouts, and for detention and subsequent wrongful imprisonment in gaol at Sitka.

(Daniel Munroe, by his Attorney in fact),
(Signed)

Victoria, British Columbia, October 20, 1886.

EDGAR CROW-BAKER.

The Claim of Hans Guttormsen, Master of the British Schooner "Thornton."

I claim against the Government of the United States, or whom it may concern, the sum of 8,000 dollars for loss of wages, lay-out, damages, and indemnity for illegal seizure of the schooner "Thornton" by the Commander of the United States' steamer "Corwin" in the Behring's Sea on the 1st August, 1886, and for detention and subsequent wrongful imprisonment in gaol at Sitka.

(Hans Guttormsen, by his Attorney in fact),
(Signed) EDGAR CROW-BAKER.

Victoria, British Columbia, October 20, 1886.