court in Alaska from decrees in cases of British vessels seized by the United States revenue officials in Behring Sea under charges of having violated the laws of the United States regulating the killing of furseals. I must excuse myself for the delay in making reply to your note of April 30, which was caused by my desire to obtain from you a verbal explanation of what appeared to me an inadvertent expression contained therein, from which it appeared that the "skippers" were held under arrest as well as the sealing vessels. In my personal interview with you to-day it became mutually understood that there has been and is no such personal detention in any of the cases, but the proceedings have all been in rem against the vessels so employed and their outfits. The suggestion of the Marquis of Salisbury that the time limited for the prosecution of the appeals (entered already or proposed to be entered) in the cases referred to should be extended in order to give an opportunity for a diplomatic settlement will meet with favorable consideration within the limits of the statutory provision in relation to the docketing and prosecution of appeals. While it is not within the power of the Executive branch to alter or extend the statutory limitation in respect of the time of entering such appeals, yet so far as agreement of both parties may prevail in procuring postponements of the arguments and pleadings after the appeal has been duly taken, I apprehend that there will be every disposition on the part of the prosecution to give time for diplomatic arrangeш.ent. Accept, sir, etc.. No. 42. T. F. BAYARD. Sir L. S Sackville West to Mr. Bayard. [Memorandum.] WASHINGTON, May 28, 1888. (Received May 29.) In the cases of the condemned Behring Sea sealing vessels and their cargoes, it appears that the proctors for some (and possibly all) of the British sealers failed to take an appeal from the decrees of condemnation entered by the district court at Sitka; consequently they have lost the benefit of the Attorney-General's order permitting release of the property on bond pending decision of the appeals, and as the decrees have become final, have no other than a diplomatic remedy left. No. 43. Personal.] Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, DEAR SIR LIONEL: I have just sent you a reply to your notes (official) of April 30 and May 25 relating to appeals in the cases of seizure in Behring Sea. I have this moment received your note of to-day inclosing a memorandum to the effect that by reason of the failure of the proctors of the vessels so seized, no appeals from the decrees of condemnation have been entered, and the time fixed by law for doing so having expired, none other than relief through diplomatic channels remains. It is much to be regretted that the order of the Attorney-General respecting acceptance of security and release of these vessels had not been availed of by these parties. I will, however, write at once to my colleague, the Attorney-General, and see what remains to be done in his Department. Very truly, yours, No. 44. T. F. BAYARD. Mr. Bayard to Mr. Garland. DEPARTMENT OF STATE, SIR: I have just received a note from the British minister at this Capital, inclosing a memorandum in relation to the case of seizure of British vessels by United States revenue officials in Behring Sea. I inclose a copy of this memorandum and will ask you to inform me whether there still remains any mode by which the decrees of condemnation can be reviewed. I have, etc., No. 45. T. F. BAYARD. Mr. Garland to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, May 31, 1888. (Received June 1.) SIR: I have the honor to acknowledge the receipt of your letter of the 29th instant, inclosing a copy of a memorandum from the British minister, in relation to the cases of seizure of British vessels in Behring Sea, and to say that I know of no mode remaining by which the decrees of condemnation can be reviewed. Very respectfully, A. H. GARLAND. No. 46. Sir L. S. Sackville West to Mr. Bayard.' BEVERLY, MASS., August 6, 1888. (Received August 8.) SIR: I have the honor to inform you that Her Majesty's Government have received intelligence to the effect that four British ships seized last year in Behring Sea are being taken to Port Townsend for sale by the United States authorities. It would seem that this action has been taken in consequence of the judge of the district court of Alaska having refused to bond the owners, upon the ground that their application was too late. The Marquis of Salisbury has now requested me to ask the United States Government to postpone the sale of the said vessels pending the settlement of the question of the legality of the seizure. I have, etc., L. S. SACKVILLE WEST. No. 47. Mr. Bayard to Mr. Jenks. DEPARTMENT OF STATE, SIR: I hand you inclosed a copy of a note this day received by me from Sir Lionel S. S. West, the British minister at this capital, in which on behalf of his Government he asks for a postponement of the sale of four British vessels seized last year in Behring Sea and condemned for violation of the United States Statutes regulating the killing of fur seal. Although the right of statutory appeal may have been lost by lapse of time, yet I suppose that the proceedings in execution of the decree are within the discretionary control of your Department, and unless the delay asked for should cause irreparable loss, I hope you may find the power and disposition to grant it. Will you acquaint me with your decision, and in case you have ordered a stay in the proceedings, to so inform me, that I can communicate it to the British minister? Very respectfully, yours, No. 48. T. F. BAYARD. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge your note, dated at Beverly, Mass., on the 6th instant, by which I am informed that in the case of four British sealing vessels condemned last year for killing fur seal in Alaskan waters in violation of the laws of the United States, you are instructed to ask for a postponement of the time for the sale of the vessels referred to, in execution of the decree. I have already transmitted a copy of your note to my colleague, the Attorney-General, and will communicate his reply as soon as it shall have been received. Accept, etc., T. F. BAYARD. No. 49. Mr. Jenks to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, August 10, 1888. (Received August 13.) SIR: I have the honor to acknowledge receipt of your letter of August 8, with its inclosure from the British minister, and to inform you H. Ex. 1, pt. 1———114 that in pursuance of the request therein conveyed I have directed by telegram and letter the postponement of the sale of the four British vessels seized in Behring Sea, and instructed the United States marshal in charge to receive bonds in lieu of the vessels. Very respectfully, No. 50. G. A. JENKS, Acting Attorney-General. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT of State, SIR: With further reference to your note of the 6th instant, convey. ing the request of the Marquis of Salisbury for a postponement of the sale of four British vessels seized in Behring Sea last year, I have now the honor to state that I have just received a letter from the Acting Attorney-General, informing me that, in pursuance of the request so made, he has directed by telegram and letter the postponement of the sale of the vessels in question and has also instructed the United States marshal in charge to receive bonds in lieu of the vessels. Accept, etc., T. F. BAYARD. No. 51. Sir L. S. Sackville West to Mr. Bayard. BEVERLY, MASS., August 16, 1888. (Received August 21.) SIR: I have the honor to acknowledge the receipt of your note of the 13th instant, informing me that in pursuance of the request of the Mar quis of Salisbury, made through me, the Acting Attorney-General has directed by telegram and letter the postponement of the sale of the vessels in question, and has also instructed the United States marshal in charge to receive bonds in lieu of the vessels. I have, etc., No. 52. L. S. SACKVILLE WEST. Mr. Jenks to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, September 3, 1888. (Received September 4.) SIR: I have the honor to send you copies of letters of the 23d and 25th ultimo from Mr. Atkins, United States marshal for the district of Alaska, and to ask for an expression of your views upon the propriety of an immediate sale of the vessels mentioned by the marshal on consideration of the statements he makes in relation to them. Very respectfully, G. A. JENKS, Acting Attorney-General. [Inclosure No. 1.] Mr. Atkins to Mr. Garland. DISTRICT OF WASHINGTON TERRITORY, SIR: In reference to the four condemned British vessels now in my custody, I have the honor to report: That the owner of the schooners Anna Beck, Grace, and Dolphin claims that the appraisement made at Sitka one year ago was at the time excessive, and that their value, on account of the inclement climate of Alaska, has in the meantime been constantly depreciating, and therefore declines to bond them at such appraisement, but requests a new appraisement, which, if not granted, they desire the sale to proceed. The owner says, however, that he will furnish satisfactory bonds for the schooner Anna Beck at her present appraised value if it can be effected, subject to a final settlement of the matter, and without the expense of an appeal to the Supreme Court. Having myself a practical knowledge of the value of such property, I fully coincide with the claimant that the valuation put on the schooners Grace and Dolphin at Sitka was excessive. The schooner Ada is owned and registered at Shanghai, China, and her owner, whoever he may be, has not as yet made claim or appearance. In the meantime the vessels are remote from my district, thus greatly increasing the responsibility of their safe custody, and the expense thereof constantly increasing. I desire to be instructed, in case vessels are not soon sold or bonded, what further action to take in reference to returning to my district and leaving the vessels in charge of a special deputy. "Very respectfully, Inclosure No. 2.1 Mr. Atkins to Mr. Garland. BARTON ATKINS, DISTRICT OF ALASKA, OFFICE OF UNITED STATES MARSHAL, SIR: In view of the present situation relative to the British vessels in my custody, now moored at Port Townsend, W. T., I beg leave to state as follows: That all of said vessels, owing to the length of time they have been out of commission, are in a dilapidated condition, and that their depreciation in value is constant and rapid. That they are small in size, the combined tonnage of the four being only 249 tons. That the owner of the Anna Beck, Grace, and Dolphin, Capt. J. D. Warren, of Victoria, B. C., has notified me that he prefers that the Grace and Dolphin should be sold without further delay, and the Anna Beck also, unless he can bond that vessel without instituting an appeal to the Supreme Court or making a journey to Sitka for that purpose. That if longer held in custody they will have to be removed from Port Townsend to some place secure from the fall and winter winds for permanent moorings. All of which will be attended by much greater expense comparatively than has heretofore been required for their safe custody. I do not hesitate to recommend, in interest of all concerned, that the vessels, if not bonded, should be sold without delay. It is my purpose soon to repair to Port Townsend, there to await Department orders. Very respectfully, your obedient servant, BARTON ATKINS, United States Marshal. No. 53. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, Washington, September 10, 1888. SIR: Referring to previous correspondence in relation to the sale of the four British vessels condemned for taking seals illicitly in Behring |