266 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



British Case, pages l,to 60, inclusive, were made by the authority of the United 

 States Government. The questions as to the vahie of the said vessels or tlieir con- 

 tents or either of them, and the (luestions as to whether the vessels mentioned in the 

 schedule to tlie British Case, or jiny of them, were wholly or in i)art the actual prop- 

 erty of citizens of the United States, have heen withdrawn from and have not been 

 considered by the Tribunal, it beiiirj understood that it is open to the United States 

 to raise these questions or any of them, if they think lit, in any future negotiations 

 as to the liability of the United States Government to jiay the amounts mentioned 

 in the schedule to the British Case. 



2. That the seizures aforesaid, with the exception of the "Pathfinder" seized at 

 Neah Bay, were made in Behring Sea at the distances from shore mentioned in the 

 Schedule annexed hereto marked "C". 



3. That the said several searches and seizures of vessels were made by public armed 

 vessels of theUnited States, the conunanders of which had, at the several tinies,wheu 

 they were made, from the Executive Uepartment of tlie Government of the United 

 States, instructions, a copy of one of which is annexed hereto, marlvcd "A" and that 

 the otliers were, in all substantial respects, the same: that in all the instances in 

 which proceedings were had in the District Courts of the United States resulting in 

 condemnation siich proceedings were begun by the tiling of libels, a copy of one of 

 which is annexed hereto, marked "B", and that the libels in the other proceedings 

 Avere in all substantial respects the same: that the alleged acts oroftences for which 

 said several searclies and seizures were made were in each case done or committed 

 in Behring Sea at the distances from shore aforesaid : and that in each case in which 

 sentence of condemnation was passed, except in those cases when the vessels were 

 released after condemnation the seizure was adopted by the Government of the United 

 States; and in those cases in which the vessels were released the seizure was ma<le 

 by the authority of the United States. That the said tines and imprisonments were 

 for alleged breaches of the municipal laws of the United States, which alleged 

 breaches were Avholly committed in Behring Sea at the distances aforesaid from the 

 shore. 



4. That the several orders mentioned in the Schedule annexed hereto and marked 

 " C " warning vessels to leave or not to enter Behring Sea were made by public armed 

 vessels of the United States the connnanders of which had, at the several times when 

 they were given, like instructions as mentioned in Finding 3, above projiosed, and 

 that the vessels so warned were engaged in sealing or prosecuting voyages for that 

 purpose, and that such action was adopted by the Government of the United States. 



5. That the District Courts of the tlnited States in which any proceedings were 

 had or taken for the jmrpose of condemning any vessel seized as mentioned in the 

 Schedule to the Case of Great Britain, pages 1 to 60, inclusive, had all the jurisdic- 

 tion and powers of Courts of Admiralty, including the prize jurisdiction, but that in 

 each case the sentence pronounced by the Court was based upon the grounds set 

 forth in the libel. 



Annex "A". 



[See BritisL Counter Case, Appendix, Vol. I, p. 72.] 



Treasury Department, Office of the Secretary, 



WasMngton, April 21, 1SS6. 



Sir: Referring to Department letter of this date, directing you to proceed with 

 the revenue-steamer " liear," under your command, to the Seal Islands, etc., you are 

 hereby clothed with full power to enforce the law contained in the provisions of 

 Section 19.56 of the United States Revised Statutes, and directed to seize all vessels 

 and arrest and deliver to the proper autlioriiies any or all persons whom you may 

 detect violating the law referred to, after due notice shall have been given. 



You will also seize any liquors or tire-arms attempted to be introduced into the 

 country without proper permit, under tlie provisions of Section 1955 of the Revised 

 Statutes, and the Proclamation of the President dated 4th February 1870. 

 Resjiectfully yours, 



C. S. Fairchild, Acting Secretary. 

 Captain M. A. Healy, 



Commanding Revenue- Steamer "Bear" San Francisco, California. 



Annex "B". 



[See British Case, App., Vol. Ill, U. S. No. 2. 1890, p. 65.] 



In the District Court of the United States for the District of Alaska, August Special 



Term, 1886. 



To the Honourable Lafayette Dawson, 



Judge of said District Court: 



The libel of information of M. D. Ball, Attorney for the United States for the Dis- 

 trict of Alaska, who prosecutes on behalf of said United States, and being present 



