CASE OF GREAT BRITAIN. 83 



Afr. Boutwell to Mr. Phelps. 



Treasury Department, 



Washinfjton, D. C, April 19, 1S72. 

 Sir: Your lettci' of the 25th ultimo was duly received, calling the 

 attention of the Department to certain rumours circulating in San 

 Francisco, to the effect that expeditions are to start from Australia 

 and the Hawaiian Islands to take fur seals on their annnal migration 

 to the Islands of St. Paul and St. George through the narrow Pass of 

 Oouiuiak. You recommend — to cut off the possibility of evil result- 

 ing to the interests of the United States from these expeditions — that 

 a revenue cutter be sent to the region of Oonimak Pass by the 15th 

 May next. 



A very full conversation was had Avith Captain Bryant upon this 

 subject while he was at the Department, and he conceived it to be 

 entirely impracticable to make such an expedition a paying one, 

 inasmuch as the seals go singly or in pairs, and not in droves, and 

 cover a large region of water in their homeward travel to these islands, 

 and he did not seem to fear that the seals would 1)e driven from their 

 accustomed resorts, even were such attempts made. 



In addition, I do not see that the United States would have the 

 109 jurisdiction or power to drive off parties going up there for that 

 purpose, unless they made such attempt Avithin a marine league 

 of the shore.* 



As at present advised, I do not think it expedient to carry out your 

 suggestions, but I will thank you to conmiunicate to the Department 

 any further facts or information you may be able to gather upon the 

 subject. 



I am, &c. 



(Signed) George S. Boutwell, 



Secretary. 



In 1.S75 ^[r; Mcliityre, the xVssistant Treasury Agent at ^ 44tii cong., ist 

 the Pribiloff Ishmds, wrote that he had armed the natives doc!'':^'."^]3o^p'. 

 with the intention of repelling by force attempts "tokillJ24, March 'i5, 

 seals in the rookeries or within a ritle shot of the shore.'' 



OPINION OF SKCKETAKV KISIl. 



In 1875, a question having arisen as to Eussia's authority 

 to grant licences for the use of the seas contiguous to her 

 coasts, Mr. Fish, Secretary of State for the United. States 

 of America, gives conclusive evidence as to the interpreta- 

 tion placed upon the Convention of 1821 by the United 

 States, as follows : 



There Avas reason to hope that the practice Avhich formerly pre- Fish to Boker, 

 A-ailedAvith poAverful nations of regarding. seas and bays, iisiialh/ of large^.^.^- ,^' \^7^.' 

 extent, near their coast, as closed to anij foreign commerce or fishery not sect?32°^. ^106. ^' 

 specially licensed by them, was, Avithout exception, a pretension of 

 the past, and that no nation would claim exemption from the general 

 rule of public law Avhich limits its maritime jurisdiction to a marine 

 league from its coast. We should 2)articularly regret if Russia should 

 insist on any such pretension. 



FISHING AND XAA'IGATION BY FOREIGNER.S. 



During the whole period discussed in this chapter, the 

 vessels of various nations were continuously engaged in 



" In 1888 (after the occurrence of the seizures of British A-essels in ExparteT. H. 

 1886 and 1887) Mr. Boutwell, by request, explained, in a letter dated Cooper, owner of 

 the 18th January, that "neither upon my recollection of facts, as they ^^j.j .. ' jjrfef 

 were understood by me in 1872, nor upon the present reading of the for the Uiuted 

 corresp(uidence, do I admit the claim of Great Britain that my letter States, No. 9, 

 is an admission of any right adA-erse to the claims of the United States ?oqn"^''^iq7'^^'™' 

 in the Avaters knoAvn as Behring Sea. My letter had reference solely ' ^' 

 to the Avaters of the Pacitic Ocean south of the Aleutian Islands." 



