356 ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 



Then the enclosures are to be found on page 17. I will read the 

 second and thu^d of those enclosures; the first I need not trouble you 

 with. I think. The second is : 



The subjoined Notice by the Russian Consul at Yokohama, that American vessels 

 are not allowed, without a special permit or licence from the Governor-General of 

 Eastern Siberia, "to carry on hunting, trading, fishing, etc., on the Russian coasts, 

 or islands in the Okhotsk or Behring Seas, or on the north-eastern coast of Asia, or 

 within the sea-boundary line", is published by the Dei^artment lor the information 

 of American ship-masters interested. 



Now, here is the third enclosure. 



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 licence from the Governor-General of Eastern 

 Siberia, foreign vessels are not allow^ed to carry on trading, hunting, fishing, etc., on 

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

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



Mr. Justice Harlan. — What line is that? What does he mean there 

 by the sea boundary line? 



Sir Charles Russell. — The marine league from the shore. You 

 will see that presently, Sir, when I have develoi)ed the corresi)ondence. 



Then it j)roceeds : 



(2) For such permits or licences, foreign vessels should apply to Vladivostock, 

 exclusively. 



(3) In the port of Petropaulovsk, though being the only port of entry in Kam- 

 tchatka, such permits or licenses shall not be issued. 



1147 (4) No permits or licences whatever shall be issued for hunting, fishing, or 

 trading at or on the Commodore and Robben Islands. 



Those are, you will recollect, specially seal islands. Then it goes on : 



(5) Foreign vessels found trading, fishing, hunting, etc., in Russian waters, with- 

 out a licence or permit from the Governor-General, and also those possessing a licence 

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

 both vessels and cargoes, for the benefit of the Government. This enactment 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. 



Then at page 18 follows a letter — the fifth enclosure — from which 

 I must read an extract before I read Mr. Hoffman's reply, in which 

 Messrs. Lynde and Hough state their position and their complaint: 



Sir: You will please pardon ns for this seeming intrusion, but the matter in which 

 we now seek your aid and assistance is of great import to us. 



We now are and have been extensively engaged in the Pacific Coast Cod fisheries, 

 and, in fact, are among the very few who fifteen years ago started in a small way, 

 believing with energy and fair dealing we could work up an enterprise that would 

 be a benefit to the coast. Our ideas were correct. We have been yearly sending 

 vessels to the coast of Kamschatka (Sea of Okhotsk) for fish. We never have 

 been molested in Russian waters from catching cod-fish or procuring bait, which 

 are small salmon in the rivers, or filling fresh water for the use of ship, but it appears 

 now there is a law which has never been enforced against foreigners, the same we 

 have recently noted, and which we have been apprised of, and the substance is that 

 foreign vessels must receive an order from the Governor of Siberia, besides must pay 

 a duty of 10 dollars per ton on all fish caught in Russian waters. This decree, if 

 sustained — 



And so on. 



Now this communication being made to Mr. Hoffman at St. Petersburg, 

 here is his answer. He says: 



I have the honor to acknowledge the receipt of a Circular of the Treasury Depart- 

 ment of the 30th January last upon the subject of fishing, etc, in the Behring Sea anil 

 in the Sea of Okhotsk. 



