CASE OF GREAT BKITAIN. 91 



VIEWS OF MR. BAYARD. 



ISTevertlieless, Mr. Bayard, writing to Mr. Lotbropoii the 

 ICtli March, 1887, observed: 



If, as I am to conclude from your despatch, the seizure of the "Heu- Papers relat- 

 rietta" was luade in Russian territorial waters, then the Russian 1"= -J? -Behring 

 authorities had jurisdiction; and if the condemnation Avas on pro- pjj{,iig]jg(\^^f\i;^; 

 ceedings duly instituted and administered before a competent Court Go ve rum e nt 

 and on adequate evidence, this Department has no right to complain. Printing 01 flee 

 But if either of these conditions does not exist, the condemnation can !oo-^^ ashington, 

 not be internationally sustained. The first of these conditions, viz, ' ^^" 

 that the proceedings should have been duly instituted and adminis- 

 tered, could not be held to exist if it should ajjpear that the Court 

 before whom the proceedings were had was composed of jiarties 

 interested in tins seizure. On general principles of international law, 

 to enforce a condemnation by such a Court is a denial and perversion 

 of .justice, for which this Government is entitled to claim redress. 



The same right to redress, also, would arise if it should appear 

 that, while the seizure was within the 3-mile zone, the alleged offence 



was conmiitted exterior to that zone and on the high sees. 

 119 You are therefore instructed to inquire, not merely as to the 



mode in which the condemning Court was constituted, but as to 

 the evidence adduced before such Court, in which the exact locality 

 of seizure should be included. 



NO ASSERTION BY UNITED STATES OF EXTRAORDINARY .IFIUSDIC- 

 TION PREVIOUS TO 1886. 



Tlie instructions given from time to time to (Jommanders 

 of the Ivevenue Service, or of ships of Avar of the United 

 States cruizing in Behring Sea, and guarding the interests 

 of the Ahiska Commercial Companj' upon the islands 

 leased to the Company, do not even suggest the intention 

 of that Government to assert a chdm so vehemently dis- 

 puted when advanced by IJussia. 



On the contrary, while vessels from British Columbia 

 and elsewhere were trading and tishing generally in the 

 Behring Sea, and while vessels — chietiy those of the United 

 States — were actually raiding the rookeries, the instruc- 

 tions relating to the tisheries given to Bevenue Marine ves- 

 sels by the United States Government, until 1886, were 

 confined, as has been shown, to the immediate protection 

 of the seal islands. 



REl'ORT OF CRUIZE OF THE " CORWIN," 1885. 



The seizure of British sealers in the open sea followed 

 the report on the cruize of the Revenue Marine steamer 

 "Corwin" in the year 1885. 



In this report, it is among other things stated, that "^^liilei.H-R^.Es.Doc. 

 shaping a course for St. Paul a special lookout was kept ist'sess.' ""^'' 

 for vessels sealing. 



The Captain writes: 



While we vv^ere in the vicinity of the seal islands a lookout was kept 

 at masthead for vessels cruizing, sealing, or illicitly trading amoiuj 

 those iNhiiuls. But no such vessels were seen. 



Having drawn attention to the number of vessels which 

 had taken, or had endeavoured to take seals on the shores 

 of the islands, and illustrated the great difficulty of pre- 



