to say in reply that, under the circumstances, the wiser course for all concerned is to let the sale take place at once, as delay is impracticable and can only be productive of loss. I have, etc., No. 61. T. F. BAYARD. Mr. Garland to Mr. Bayard. DEPARTMENT OF JUSTICE, Washington, November 14, 1888. (Received November 16.) SIR: I have the honor to acknowledge receipt of your communication of the 27th ultimo, concerning the disposition of the British vessels now lying at Port Townsend, Wash., and to inform you that T. J. Hamilton, deputy United States marshal in charge, has this day been directed to take the necessary steps to effect the sale of the four vessels as speedily as possible. Very respectfully, No. 62. A. H. GARLAND. Mr. Bayard to Mr. Garland. DEPARTMENT OF STATE, Washington, November 17, 1888. SIR: I have the honor to acknowledge the receipt of your letter of the 14th instant, stating that Deputy United States Marshal T. J. Hamilton, in charge of the four British vessels now lying at Port Townsend, Wash., has been directed to take steps for their speedy sale, and to say in reply that the Department will be glad to be informed of what may be done by that officer under the order in question. I have, etc., No. 63. T. F. BAYARD. Mr. Herbert to Mr. Bayard. WASHINGTON, November 23, 1888. (Received November 23.) SIR: With reference to your note of September 27 last, respecting the sale of four British vessels condemned for taking seals illicitly in Behring Sea, in 1887, I have the honor to state that I have this day instructions from the Marquis of Salisbury to inform you that the owners of the Ada do not object to the original appraisement. I have, etc. ARTHUR HERBERT For M. H. HERBERT. No. 64. Mr. Bayard to Mr. Garland. DEPARTMENT OF STATE, Washington, November 27, 1888. SIR Referring to the letter of your Department of September 26 last, respecting the sale of four British vessels condemned for taking seals illicitly in Behring Sea, in 1887, I have the honor to inclose a copy of a note of the British chargé ad interim, by which it appears that the owners of the Ada do not object to the original appraisement. I have, etc., No. 65. T. F. BAYARD. Mr. Bayard to Mr. Herbert. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 23d instant, stating that the owners of the Ada, one of the four British vessels condemned for taking seals illicitly in Behring Sea, do not ob ject to the original appraisement, and to say that I have made known the contents thereof to the Attorney-General. I have, etc., T. F. BAYARD. No. 66. Mr. Herbert to Mr. Bayard. WASHINGTON, December 5, 1888. (Received December 5.) SIR: With reference to the case of the seizure of four British sealing ships in Behring Sea, I have the honor to inclose, for convenience of reference, copy of Lord Sackville's dispatch of October 12* (without its inclosure) to your Department, as I have been instructed by the Marquis of Salisbury to call your attention to the fact that up to the present no answer has been received, and to beg the favor of an early reply. I have, etc., No. 67. ARTHUR HERBERT, For M. H. HERBERT. Mr. Bayard to Mr. Herbert. DEPARTMENT OF STATE, Washington, December 10, 1888. SIR: I have the honor to acknowledge the receipt of your note of the 5th instant, in which you call attention to the note of Lord Sackville of * See supra, No. 57. the 12th of October last, in relation to the re-appraisement of three of the four British schooners seized and condemned for illicitly taking seals in Behring Sea in 1887. The note referred to was at once communicated to the Department of Justice, with a request for an opinion upon the question of re-appraisement. Some time previously, upon the request of the Marquis of Salisbury, the sale of the schooners had been stayed by this Government, in order that full opportunity might be given to their owners to make some arrangement whereby they might become repossessed of the vessels. On the 11th of October, the day preceding the date of the note of Lord Sackville, above referred to, the Attorney-General wrote to this Department a letter, copy of which is inclosed, in which he intimated an opinion that the interests of both the United States and of the claimants would be best subserved by a speedy sale of the vessels. By this letter it appears that, although the schooners had long since been condemned, no claims had been filed by their owners, and no bonds given for costs. Nevertheless, the Department again consulted the Department of Justice in regard to the proposition contained in the note under date of the 12th of October. Under date of the 20th of October last a reply from the Attorney-General was received, copy of which is inclosed. To this I made answer on the 27th of October, expressing my concurrence in the view of the Attorney-General that under the circumstances the wiser course for all concerned was to let the sale of the vessels take place at once, as delay seemed impracticable, and could only be productive of loss. On the 14th of last month the Attorney-General informed me that he had that day directed the United States marshal in charge of the vessels at Port Townsend, Wash., to take the necessary steps to effect a sale of the four vessels as speedily as possible. Since that time no correspondence on the subject has taken place with the Department of Justice, except a request from this Department on the 17th ultimo that it might be informed of the proceedings of the marshal under the order above stated. When a response to this request shall have been received you will be duly advised of its contents. I have, etc., No. 388.] No. 68. Mr. Stevens to Mr. Rives. T. F. BAYARD. CONSULATE OF THE UNITED STATES OF AMERICA, SIR: Information casually received this morning leads me to believe that this dispatch, with inclosures, may prove of interest. I am the more induced to make the report inasmuch as my No. 374, of October 8 last, upon the same subject, the seizure off Copper Island on July 1 last of the British sealing schooner Araunah gives but a brief account thereof, obtained from the owners of the Araunah, and from the public press, before the arrival here of the master of the vessel, and was consequently ambiguous in some minor particulars. I am now enabled to give a more circumstantial account of the seiz ure, as Captain Sieward, late master of the Araunah, has recently given me full particulars of the seizure of the vessel and his subsequent proceedings, and has left with me for perusal all papers in his possession concerning the case, being letters-one from the Marquis of Salisburycopies of telegrams, diagram showing the position of the Araunah with reference to Copper Island, at the moment of seizure, copy of treaty of March 30, 1867, between the United States and Russia, and copy of the captain's statement to Her Britannic Majesty's ambassador at St. Petersburg, signed by the captain and part of crew, and sworn to before Her British Majesty's consul at Nagasaki; of which I send only copies of those most pertinent, especially the last-named paper. Captain Sieward informs me that the agents of the British Government provided fully for the expenses-save those paid by the Russian Government at Petropolovski-and transportation of himself and the crew of the seized vessel to this point, except a very small personal outlay. I am, etc., ROBERT J. STEVENS [Inclosure 1 in No. 388.-Extract.] Sir R. B. D. Morier to Messrs. Hall and Goepel. ST. PETERSBURG, November 30, 1888. GENTLEMEN: Having received the final communication which you had annonated from the master of the Araunah, I have submitted the whole case to a careful examination with a view of laying it before the Russian Government. . Much is made by Mr. Sieward of the statement of Groburtzky that he would have seized the Araunah had she been fitted out with apparatus for seal-catching anywhere within 100 miles south of Commander Islands. Had he assigned this as his true motive for capturing the ship the case would be a very grave one, but as he has given his motives for capturing the ship in a written declaration, we are bound to go by that, and are not at liberty to go outside this declaration and supersede a documen: signed and sealed by anything he may have said viva voce. It appears to me that it is of extreme importance to note the exact words of this certificate, which does not state that he confiscated the schooner for being within customs limit, but for seal-hunting* within the customs limit of Meday (Medway, Island. The conversation between Sieward and Captain Gronberg, of which an affidavit is given in Mr. Sieward's letter of October 18, throws no light upon the subject, because all that Captain Gronberg vouchsafes to say is that the schooner was "about east by south and a half south distant 3 miles from the southeast point of the island,” which might leave her just inside or just outside the limit. It is therefore perfectly clear that the ground they will take up will be that the canoes and not the schooner were within the limits. Captain Sieward to Mr. Dehring, Her British Majesty's Chargé d'Affaires, St. Petersburg. DEAR SIR: Regarding the seizure of the British sealing schooner Araunah, of Vietoria, British Columbia, by M. Groburtzky, on the Russian merchantman Alexander II. for alleged violation of the fishing and hunting laws of the Imperial Russian Gover ment, of which I informed you in my dispatch of August 9, 1888, from Vladivostock, I now respectfully submit the following facts: On July 1, 1888, at 6.30 a. m., during a heavy fog and calm, I calculated the schooner's position to be 16 miles south by west The meaning of this is that the seal-hunting being done from canoes, they were within the limit. of the southern extreme of Copper or Medway Island. Judging myself in the open waters of the North Pacific Ocean, I ordered the canoes out for hunting. At about 7.30 a. m. the fog lifted, when the schooner was found to be east by south about 6 to 8 miles distant from the southern extreme of island, with the canoes out to the south and west of schooner. When in this position a steamer was sighted, which bore at once down upon us, proving to be the Alaska Commercial Company's steamer Alexander II, flying at peak the Russian merchant ensign and at maintop a green flag with white cross. When near, the schooner was hailed, and I, the master, was asked to come aboard steamer, which I did; when on steamer's deck I was informed by Mr. Groburtzky that he would confiscate the schooner for being within the limit. This I denied, but was answered that the boundary ran from Cape Lapatka to the Island of Atton, and that I could protest against the seizure to the authorities at Vladivostock, where the case would be forwarded. As the officer produced no documentary evidence of his authority, I asked upon what authority the seizure was made, in answer to which the officer pointed to the flag at maintop saying, "There is my authority." The officers and crew of schooner were then made prisoners and transferred aboard steamer Alexander. The schooner was towed to the settlement Glinka, on Copper Island, where the skins, 133, were landed at company's warehouse. Here I had to deliver the schooner's papers to officer Groburtzky. Before doing so, I demanded a paper stating the reason of confiscation, which I forward herewith, and a copy of which I was asked to sign after it having been translated to me by Mr. J. Mallewansky. It read in substance that this day the schooner Araunah had been confiscated for hunting within the limits of the Russian possessions. I here notified Mr. Groburtzky, in presence of Mr. J. Mallewansky, of my protest against this seizure, which protest I would make before nearest representative of Her British Majesty's Government, and in accordance with advice in your T. G. of August 15, 1888, have to admiral and governor of Valdivostock, the certified copy of which I send herewith. The schooner was then brought to Petropolovsky by a crew of steamer Alender, where upon arrival of schooner the salt stores, provisions, and also part of personal property of crew, were sold by Mr. Groburtzky without the confiscation having been declared legal by any authority than his own. I must add that we had no intention whatever to violate the laws of the Imperial Royal Government, but intended to follow the hunting in the open waters of the North Pacific Ocean, neither had we any means to do otherwise, as the hunting outfit of schooner consisted of six Indian canoes manned by two Vancouver Indians each, had no fire-arms aboard, save three old muzzle-loading shotguns, being the property of some of the Indians, also one shotgun and one rifle, being the personal property of some of the members of the crew. From the foregoing it will be seen that the schooner was set by an unknown current, not marked upon chart, during the fog to the north and east of her course, and the canoes having left the schooner during the fog, when there was no land in sight nor any visible sign to prove the calculated position erroneous, will explain the position of canoes at time of seizure; also that the schooner was not less than the estimated 6 miles from land is clearly proven by the Alexander steaming two hours and forty minutes at a rate of 6 knots per hour (see steamer engineer's log) from point of seizure to Glinka, which is 7 miles from south point of island. This can be demonstrated on chart or diagram herewith, showing that it was impossible for schooner to have been, as alleged, within 3-mile limit or gunshot limit. As to the 133 seal skins found aboard, I refer to schooner's fishing log, now in the hands of Imperial Russian Government. I also beg to call attention to the fact that the steamer Alexander II is owned by the Alaska Commercial Company, who are also the lessees of Copper and Behring Islands. As to the reliability of the statement of Mr. Groburtzky as to the true position of schooner at time of seizure I will say that Mr. Groburtzky is no mariner, and consequently no competent judge to personally determine the exact position of schooner. Furthermore, I learned while prisoner aboard of Alexander that neither the first nor second officer of steamer had been called upon by Captain Greenburg, of steamer, to witness or verify the bearing and distance of schooner, so that the judgment of the schooner's actual position at time of seizure is but the guess-work of the captain, Greenburg, of steamer Alexander II, and of him alone, as a consultation on this serious point with his officers might have resulted in proving the schooner beyond the limits. În submitting the above facts to your careful consideration I beg that you will use every means in your power to effect a restitution of the unjustly and illegally confiscated property and payment of damages incurred thereby. The above sworn to before Her Britannic Majesty's consul at Nagasaki by myself; H. P. Bonde, mate; W. Standish, steward; G. Braum; P. Doering; the 27th day of August, 1882, and forwarded together with all documents by consul, Mr. Ensby, to St. Petersburg. Very, etc., H. F. S., Master. |