The Minister of Marine and Fisheries, to whom the despatch and inclosures wer referred, states that the claims (three in number) referred to in this despatch were sent back to the owners of the vessels for revision. In the cases of two of these, the "Thornton" and "Carolina," a full and detailed revised statement of the losses has already been submitted, and he (the Minister) submits herewith a revised statement of the loss to the owners of the schooner "Onward" on account of the seizure of said vessel. This claim the Minister considers to be a reasonable one. The Committee recommend that your Excellency be moved to forward the claim herein mentioned to the Right Honourable the Secretary of State for the Colonies for transmission to the United States' Government. All which is respectfully submitted for your Excellency's approval. (Signed) Inclosure 3 in No. 89. JOHN J. MCGEE, Clerk, Privy Council, Canada. Declaration of James Douglas Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of British Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and sincerely declare as follows:- 1. That I am the duly authorized agent of Charles Spring, merchant, of the said city of Victoria, and owner of the hereinafter-mentioned schooner "Onward." 2. That the said schooner "Onward" is a British vessel of about 94 tons burden, builder's measurement, and at the time of her seizure, as hereinafter set out, was, and now is, registered at the port of Victoria aforesaid. 3. That about the 10th day of June, A.D. 1886, the said schooner "Onward" sailed from the west coast of Vancouver Island, having previously cleared at the port of Victoria aforesaid, on and for a full-season hunting and fishing voyage in the North Pacific Ocean and Behring's Sea. 4. That on and for said voyage the crew of the "Onward" consisted of Daniel Monroe, of Victoria aforesaid, master; John Margotich, of the same place, mate; and twenty sailors and hunters; all of whom were on board the "Onward" at the time of her seizure hereinafter mentioned. 5. That on the morning of the 2nd August, A.D. 1886, while in said Behring's Sea, in north latitude 54° 32′ and west longitude 167° 55', and about 68 miles from Õunalaska Island, the nearest land, lawfully, as I verily believe, pursuing the objects of her said voyage, the "Onward" was seized by the United States' steam-ship "Corwin," and taken in tow of said "Corwin" to Ounalaska, in the Territory of Alaska, of the United States of America, having then on board 400 seal-skins. 6. That upon the said "Corwin's" arrival at Ounalaska aforesaid with the said "Onward," the "Onward" was, by order of the United States' authorities thereat, stripped of her sails and outfit, the skins on board taken out, her master, the said Daniel Monroe, and mate, the said John Margotich, placed under arrest, and her voyage completely broken up. 7. That the said master and mate, Daniel Monroe and John Margotich, were by the said United States' authorities taken to Sitka, in the said Territory of Alaska, there to be tried on a charge of having violated the laws of the United States respecting seal fishing in the waters of Alaska. On arrival at Sitka the said master and mate were bound over to appear for trial on said charge, and were on or about the 1st of the month of September following so tried, found guilty, and sentenced-the master, Daniel Monroe, to pay a fine of 500 dollars, the mate, John Margotich, to pay a fine of 300 dollars, and each to be imprisoned for the space of thirty days, which imprisonment they suffered. 8. That hereto annexed, marked "(A)," is a statement of the articles comprising the outfit of the "Onward" at the time of her departure on said voyage, and the value thereof, all of which were on board the "Onward" at the time of her said seizure, excepting only what had been consumed in the ordinary course and prosecution of the voyage; also of the amount paid for insurance on said voyage, also the amount of wages paid the crew and hunters on said voyage also the amount paid for fares and expenses of the master and mate in returning to Victoria from Sitka after their release, and also of the number and value of the seal-skins on board the "Onward" at the time of her seizure, and which were taken from the "Onward" at Ounalaska by the United States' authorities. 9. That the prices charged for the various articles and groups of articles comprising the outfit of the "Onward" on and for said voyage are the regular market prices of the said articles at Victoria aforesaid at the time of their purchase for use on said voyage." The price charged in said statement for the seal-skins on board the "Onward" when seized, namely, 7 dollars per skin, was the market price per skin at Victoria aforesaid at the close of the sealing season of 1886, when the catch of the "Onward," had not such seizure taken place, would have been placed on the market. 10. That the value of the schooner "Onward," as given in Exhibit (A), namely, 4,000 dollars, is a fair and reasonable value for the said schooner at the time of her seizure; she was then, and had always been, kept in first class order and condition, and was always a staunch, seaworthy vessel, and for the said voyage had been refitted with new sails and sailing gear. 66 11. That hereto annexed, marked "B," is a statement of the catch of thirteen sealingvessels, in and about Behring's Sea, during the season of 1886; the said statement is compiled from the Report of the Inspector of Fisheries for the Province of British Columbia for the year 1886, as contained in the Report of the Department of Fisheries for Canada for that year at pp. 248 and 249, and from personal knowledge of the facts therein set out, I verily believe the said statement to be substantially true and correct. The steam-schooner "Thornton," the schooners "Carolena" and "Onward," meaning the "Onward" herein mentioned, were seized on the 1st and 2nd August, 1886, in Behring's Sea, at the beginning of the best sealing period; and the schooners "Mary Taylor,” Mountain Chief," "Rustler," and "Kate" were not in Behring's Sea during the season of 1886, so in estimating the average catch per vessel in Behring's Sea for 1886, the catch of the above-named_seven vessels is not included in Exhibit (B); all of the thirteen vessels named in Exhibit (B), with only one or two exceptions, left Behring's Sea long before the end of the sealing season of 1886, because of the seizures which had been made by the United States' steam-ship "Corwin," fearing to remain lest they also should be seized; by reason of such departure from the said sea, or the best sealing grounds therein, before the close of the season, I verily believe that the catch per vessel, as found in Exhibit (B), namely, 2,381 seal-skins, is fully 500 less than it would have been had the said vessels remained the full season in said sea. 12. That hereto annexed, marked " (C)," is a statement of the legal expenses incurred at Sitka and elsewhere by reason of the said seizure of the "Onward," the arrest and imprisonment of the said master and mate, and the claims arising therefrom, and also of the personal expenses of the said owner and said agent in the same connection. 13. That the Exhibit (D), hereto annexed, is a statement of the estimated loss and damage resulting to the owner of the "Onward" by reason of her seizure and detention in A.D. 1886, A.D. 1887, and A.D. 1888. The estimated loss for the year 1886 is based upon the average catch per vessel, as found in Exhibit (B), less the number of skins on board the "Onward" when seized, the balance being valued at 7 dollars per skin, the price per skin at Victoria at the close of the season 1886. The claim for A.D. 1887 and A.D. 1888 is based upon the same average catch as for A.D. 1886, valued at 5 dol. 50 c. per skin, which was the market value per skin at Victoria aforesaid at the close of the season 1887, after deducting therefrom the cost of outfit and wages of crew and hunters for each year, based on the "Onward's" said voyage of A.D. 1886. The said claim of 5,000 dollars for each of said years A.D. 1887 and A.D. 1888 is a fair and reasonable estimate of the earnings of the "Onward" in hunting and fishing for the said years. 14. That Exhibit (E), hereto annexed, is a statement of the principal sums on which interest at 7 per cent. per annum is claimed, and the time for which said interest is so claimed. At the time when the catch of the "Onward" for 1886 would have, in the ordinary course of events, been realized on, namely, on or about the 1st October in said year, the minimum rate of interest on money for commercial purposes was, has since continued to be, and now is, 7 per cent. per annum. 15. That hereto annexed, marked "(F)," is a statement of the articles, and the value thereof, as given in Exhibit (A) of the "Onward's" outfit on said voyage of 1886, including insurance premiums and wages, which would necessarily be wholly, or almost wholly, consumed in the course of a full season's hunting and fishing, such as contemplated by the "Onward" in 1886. 16. That on the 13th day of July last past I was at Ounalaska aforesaid, and was then on board of the said schooner "Onward." She was then lying side-to on a gravel beach, in the harbour at Ounalaska, partially embedded in the gravel, and generally in a very bad condition. Her standing rigging was much weather-beaten, also her deck and side-seams were in a very bad state, the long exposure and severe frosts of the previous winter having broken out the pitch, and, judging from their appearance, they were very leaky From what I then saw of the condition of the "Onward," I verily believe that she could not be floated and put in a fit state for sea without extensive repairs, which at Ounalaska, where there is neither the requisite workmen nor material, would involve very large expenditure, and that to float the said "Onward," take her to Victoria aforesaid, the nearest port where the requisite facilities exist, and where she could be repaired and refitted at least cost, and there repair and refit her, would cost at least 4,500 dollars. And I, Douglas Warren aforesaid, make this solemn declaration, conscientiously believing the same to be true, and by virtue of the "Act respecting Extra-judicial Oaths." J. D. WARREN. (Signed) Declared and affirmed before me at the city of Ottawa, in the County of Carleton, in the Province of Ontario, this 9th day of December, A.D. 1887, and certified under my official seal. (Signed) D. O'CONNOR, Notary Public for Ontario. Exhibit (A). Ammunition Dry goods.. Three iron water-tanks 19 07 68 25 251 59 61 00 57 00 Insurance premium and survey on hull 21 00 445 50 52 57 13 80 56 63 140 00 24 00 97 58 1,778 69 260 00 Wages paid to hunters and crew for voyage 1,820 00 200 00 2,800 00 Exhibit (B).-NUMBER of Seal-skins taken by each of the following thirteen Sealing-vessels during the year 1886, in and about the Behring's Sea, most of the said vessels leaving the Sea before the end of the said Season fearing seizure : Exhibit (C). Legal expenses at Sitka in connection with the seizure of the Onward" Personal expenses other than the above in the same connection Total.. (Signed) Dol. c. 500 00 750 00 250 00 Exhibit (D).-ESTIMATED Damages arising from the Seizure and Detention of the 1886, as given in Dol. C. 2,381 Reasonable and probable profit on operations for the year 1887 5,000 00 23,867 00 Total, Exhibit (D) (Signed) J. D. WARREN. Exhibit (E).-ESTIMATE of the Principal Sums on which Interest at 7 per cent. per annum is claimed, and the Time for which interest is so claimed. Exhibit (F).-VALUE of Articles of "Onward's" Outfit, which would have been wholly or almost wholly consumed on a full Hunting and Fishing Trip. If the full claim for the sealing season of 1886, as set out in Exhibit (B), be allowed, then the amount of this Exhibit, 2,955 dol. 98 c. will properly appear as a credit, and be deducted from the total of Exhibit (A), of which it forms part. Sir. No. 90. Colonial Office to Foreign Office.-(Received January 23.) Downing Street, January 23, 1888. I AM directed by the Secretary of State for the Colonies to transmit to you, to be laid before the Marquis of Salisbury, with reference to previous correspondence, copies of two despatches from the Governor-General of Canada, forwarding statements of claims for losses sustained by certain British vessels engaged in the Behring's Sea seal fishery. I am to request that these claims may be presented to the United States' Government should Lord Salisbury see no objection thereto. I am to request that the sub-inclosures in these despatches, which are sent in original, may be returned. I am, &c. Sir, Inclosure 1 in No. 90. The Marquis of Lansdowne to Sir H. Holland. Government House, Ottawa, January 4, 1888. I HAVE the honour to transmit to you, for presentation to the United States' Government, a copy of an approved Minute of the Privy Council of Canada, submitting a detailed statement of the claim of the owner and agent of the schooner "Favorite," which vessel was, on the 2nd August, 1886, while sealing in Behring's Sea, about 68 miles from land, ordered by the United States' steamer "Corwin," under threat of seizure, to cease operations and leave the Behring's Sea forthwith. You will observe that the circumstances connected with this claim differ from all the others, inasmuch as no actual seizure was effected, but my Minister of Marine and Fisheries considers that the claim for loss of the fishing season is not unreasonable. Report of a Committee of the Honourable the Privy Council for Canada, approved by his Excellency the Governor-General in Council on the 30th December, 1887. ON a Report dated the 19th December, 1887, from the Minister of Marine and. Fisheries, submitting a detailed statement of the claim of the owner and agent of the schooner "Favorite," which vessel was, on the 2nd day of August, 1886, while sealing in the Behring's Sea, not far from where the schooner "Onward" was seized the same day, viz., north latitude 54° 32', west longitude 167° 55', about 68 miles from land, ordered by the United States' steamer "Corwin," under threat of seizure, to cease operations and leave the Behring's Sea forthwith. The Minister represents that the circumstances connected with this claim differ from all the others, inasmuch as no actual seizure was effected, but the Minister believes the claim for loss of the fishing season to be reasonable. The Minister recommends that it be forwarded to Her Majesty's Government for presentation to the Government of the United States. The Committee advise that your Excellency be moved to forward the claim herein mentioned to the Right Honourable the Secretary of State for the Colonies, for transmission to the United States' Government. All which is respectfully submitted for your Excellency's approval. (Signed) JOHN J. McGEE, Clerk, Privy Council. Inclosure 3 in No. 90. Declaration of James Douglas Warren. City of Ottawa, Province of Ontario, Dominion of Canada. I, JAMES DOUGLAS WARREN, of the city of Victoria, in the Province of British Columbia of the Dominion of Canada, master mariner and ship-owner, do solemnly and |
