300 ALASKA INDUSTRIES. 



Special Agent Williams; Nu7nher of ideals hilled, 1891. 



Treasury Department, 



Office of the Secretary, 



Washington, D. C, September 7, 1891. 



Sir: Referring to Department's letter of the 5th instant (A. K. T.), 

 with copy of a letter from the honorable the Secretary of State, of the 

 2Gth ultimo, wherein it is alleged that Her Majesty's Bering Sea com- 

 missioners have reported to their Government that the present year's 

 catch of seals already materially exceeds 7,500, and urging that the 

 provisions of the agreement of June 15, 1891, shall be strictly observed, 

 I have the honor to submit the following report: 



Replying to that portion of the communication which states that 

 more than 7,500 seals were killed "this year," I have to say that if the 

 period covered by the expression "this year" is intended by the com- 

 missioners of Her Majesty's Government to begin July 28, 1890, the 

 assertion is correct. As stated by said commissioners, I did, and do 

 now, construe the proclamation of the President of the United States 

 to forbid the killing of more than 7,500 seals from the date of said 

 proclamation and the modus vivendi, viz, June 15, 1891, to May 1, 1892. 

 I arrived at the islands June 10, 1**^91. The proclamation of the Presi- 

 dent was received by me July 2, 1891. From June 15 to July 2 there 

 were 4,471 seals killed. By my order this number was to be regarded 

 as a portion of the 7,500 authorized to be taken to May, 1892. Since 

 July 2 there have been 1,796 seals killed, making a total of 6,267 seals, 

 or 1,233 seals short of the limit. 



It is probable that, in making their statement, the commissioners of 

 Her Majesty's Government took cognizance of the number of seals 

 killed subsequent to July 23, 1890, and prior to June 15, 1891. The 

 skins of these seals, in number 7,215, were in the salt houses on the 

 islands, awaiting shipment, on the last-named date. With reference to 

 the comment of the commissioners on the construction placed by me on 

 the modus vivendi and the President's proclamation, I am of theopin 

 ion that my action, in including the seals killed from the date of both 

 instruments above referred to as a portion of the 7,500 allowed to be 

 killed, is evidence of my desire to comply strictly with the letter and 

 spirit of the international agreement. It would seem to be the conten- 

 tion of the commissioners that skins shipped from the islands after June 

 15, 1891, should not exceed 7,500, without reference to the time wlien 

 taken. It is not clear by what process of reasoning skins taken prior 

 to June 15, 1891, should be counted as a portion of the number of seals 

 authorized to be killed by the modus vivendi and the President's procla- 

 mation. Unless some portion of the skins of seals taken prior to June 

 15, last, is included, I am absolutely safe in saying that the statement 

 of the commissioners to the effect that the number to be killed this year, 

 as fixed by the President's proclamation, has been exceeded is erro 

 neons. Department's instructions of June 15, 1891, and received by me 

 at the same time of the proclamation, July 2, were as follows: "If, in 

 any way, your instructions are inconsistent with the proclamation, 

 be governed by the latter." I herewith inclose copy of proclamation 

 received by me, and call especial attention to articles 1 and 2 of the 

 modus vivendi contained therein. 



It may be proper to remark here that, in conversation with the com- 

 missioners concerning the time when the provisions of article 1 of the 

 modus vivendi took effect, it was claimed by them and admitted by me 

 that said article became operative on the date when the modus vivendi 



