492 APPENDIX TO CASE OF GREAT BRITAIN. 



On the 21st January last I received a reply, a translation of which I 

 inclose herewith, stating that the "Henrietta" was confiscated by the 

 Judgment of a Commission sitting on board the Imperial corvette 

 " Kreysser," for the oftence of illicit trading on the Eussian coast. 



On the 24th January T had a personal interview with General Vlan- 

 galy, the Assistant Minister of Foreign Affairs, in which I asked him 

 how tlie Commission that sat on board the corvette was constituted. 

 He informed me that it was composed of certain officers of the corvette, 

 acting under the orders of the Government of Eastern Siberia, within 

 whose general jurisdiction such matters were vested. 



I also called his attention to the fact that his note to me failed to 

 specify in what the "illicit commerce" consisted, and asked him for 

 further information. He replied that he was not then able to give me 

 tlie desired information, but said an answer in respect to the seizure and 

 condemnation of the American schooner " Eliza" was in preparation, 

 and would be sent to me in a few days, and he thought that perhaps 

 I might thereby receive the information sought. 



On the 1st February I received the i)romised communication respect- 

 ing the "Eliza," a copy of which will accompany the despatch which 

 will immediately follow the present one. 



It will be seen that the seizure and condemnation of the schooners 

 rest on the provisions of an administrative Order ("d'une disposition 

 administrative") prohibiting, after the first of the year 1882, all trading, 

 liunting, and fisliing on the Eussian Pacific coasts without special 

 licence from the Governor- General. 



It is claimed that very extensive publicity of this Eegulation was 

 given in 1881-83 through the newspapers of Yokohama, in the Eussian 

 Consulates of the Pacific, and at the American custom-houses. 



Upon the receipt of this last note I at once, for greater celerity, wrote 

 to General Vlangaly asking him for a copy of the Trading Eegulation 

 or Order. 



I also asked if I was right in my understanding that the Commission 

 was composed of the officers of the vessel that made the capture. 



I supposed this last note would be answered at once, but as it has 

 not been, L have concluded not to wait any longer before reporting the 

 case to you. 



The feature that strikes me as very peculiar in these cases is the fact 

 that the captors are also the judges of their own acts. The Commis- 

 sion seems to sit at once at the place of capture, and the evidence on 

 which it acts would seem to be that which the captors derive from their 

 own observation on the spot. It is, perhaps, a fundamental and equi- 

 table maxim of jurisprudence that no one can be a judge of his own 

 cause, and it will probably be worthy of consideration how far the 

 decisions of a Tribunal so constituted can be considered as valid. 

 I am, &c. 



(Signed) Geo. Y. N. Lothrop. 



[Inclosure in l^o. 18 Translation.] 



General Vlangaly to Mr. Lothrop. 



Ministry of Foreign Affairs, Asiatic Department, 



Jaiiuarii S{^S0),1887. 

 Mr. Envoy: In consoqiiouco of tlie note iuldrossed by yon to nie on tlie lOtli (22nd) 

 December, I hasten to ask inroniiiition of the Maritime Province, by telegraph, in 

 regard to the seizure of the '' Henrietta." 



