192 ORAL ARGUMENT OF HON. EDWARD J. PHELPS. 



open sea, but on tlie grouncl of a violation of a territorial regulation in 

 territorial waters. 



JNIr. Phelps. — I perceive, Sir; I see the point, and I will read a little 

 further to see what the fa(;ts were, and then I will consider that. 



But that she was found actually engaged in trading with the natives with the con- 

 traband articles of arms and strong liquors. 



She was coudenmed by a Conuiiission sitting on the Imperial corvette " Ras- 

 Itoiuik", composed of the officers thereof. In this respect the case is ])reciscly like 

 that of the " Henrietta", mentioned on my last preceding despatch No. !•">, and of 

 this date. 



It will be noticed that Mr. Spooner, the owner of the "Eliza", in his statement of 

 his claim, declares that the " lUiza" was " on a trading voyage, engaged in barter- 

 ing with the natives, and cntching walrus, and as such did not come under the 

 Notice of the Russian Governmi-ut, which was directed against the capture of seals 

 on Copper, Robbins, and Behring Islands. 



It will be seen that Mr. Spooner either refers to an Order of the Russian Govern- 

 ment dift'erent from the one mentioned by the Imperial Foreign Otfice, or he under- 

 stood the latter in a very different sense. 



Sir Charles Russell. — Will you kindly read the next sentence of 

 that letter which begins "I may add", and so on. 

 Mr. Phelps. — Yes; but I have read it before: 



I may add that the Russian Code of Prize Law of 1869, Article 21, and now in 

 force, limits the jurisdictional waters of Russia to 3 miles from the shore. 



And the next letter following, enclosed by Mr. Lothrop in that letter 

 is one from the Government of Eussia, — General Vlangaly to Mr. 

 Lothrop, and he says, reading from the second i)aragraph of the letter: 



This information is in snbstnnce to the effect that the "Eliza" was confiscated 

 not for the fact of seal-lninting, but by virtue of an Administrative Regulation pro- 

 hibiting, from the beginning of the year 1882, every kind of commercial act, of 

 hunting, and of fishing on our coasts of the Pacific, without a. special authorization 

 from tiie Governor-General, and carrying with it, against those disregarding it, the 

 penalty of the seizure of the ship as well as of the cargo. 



The order referred to is the one issued by the Russian Consul at 

 Yokohama, and is to be found on page 17 of the same book: 



At the request of the local authorities of Behring and other islands, the under- 

 signed hereby notifies that the Russian Imperial Government publishes, for general 

 knowledge the following. 



(1) Without a special permit or license from the Governor-General of Eastern 

 Siberia, foreign vessels are not allowed to carry on trading, hunting, fishing, etc., 

 on the Russian coast or islands in the Okhotsk and Behring Sea, or on the north- 

 eastern coast of Asia, or within their sea-boundary line. 



(2) For such permits or licenses, foreign vessels should apply to Vladivostok, 

 exclusively. 



(3) In the i)ort of Petropaulovsk, through being the only port of entry in Kam- 

 schatka, sucli permits or licenses shall not be issued. 



(4) No ])ermits or licenses whatever shall be issued for hunting, fishing, or 

 trading at or on the Commodore and Robben Islands. 



(5) Foreign vess(ds tbund trading, lishing, hunting, etc., in Russian waters, with- 

 out ■<i license or permit from the (iovcrnor-General, and also those possessing a 

 license or permit who may infringe the existing bye-laws on hunting, shall be con- 

 fiscated, both vessels and cargoes, for the benefit of the Government. This enact- 

 ment shall be enforced henceforth, commencing with A. D. 1882. 



(6) The enforcement of the above will be intrusted to Russian men-of-war, and 

 also to Russian merchant-vessels, which, for that purpose, will carry military 

 detachments and be provided with proper instructions. 



IS'ow, under the force of that Regulation, three American vessels 

 were successively seized and confiscated, and that confiscation was 

 adopted by the Russian Government, and no satisfaction ever was made 

 for it. For the first two, a letter of enquiry was addressed by the 

 United States' Government, and on the facts being stated as given in 

 ]Mr. Lothroi)'s letter, just now read, that claim of the United States was 

 dropped or abandoned. 



