218 ARGUMENT OF THE UNITED STATES. 



not enter into claims for compensation against the United States under 

 the Treaty. 



And we contend — 



First. That only claims properly due to subjects of Great Britain 

 should be submitted on the part of that nation and findings of facts 

 asked in relation thereto; and in the application of this principle we 

 insist that it is shown by the Counter Case of the United States and 

 the Appendix thereto that the schooner W. P. Sayward and the steam 

 schooners Thornton, Anna Beclc, Grace, and Dolphin, with all their sup- 

 plies and outfits, were in fact owned by one Joseph Boscowitz, a citizen 

 of the United States at the time these vessels were respectively seized 

 by the United States officers; 1 that for sometime prior to the fall of 

 1885 said schooner and steam schooners had been engaged in the seal- 

 ing business in the joint interest of said Boscowitz and one James 

 Douglas Warren; that Warren had no capital, and although nominally 

 interested in said vessels and their catch as half owner, yet in fact 

 the money representing his share in the vessels was loaned to him by 

 Boscowitz, and secured by mortgages to Boscowitz on the vessels; 

 that in the fall of 1885 Warren became insolvent and made an assign- 

 ment for the benefit of his creditors, and in order to transfer the title 

 to these vessels a sale of them was made under the Boscowitz mort- 

 gages, and one Thomas H. Cooper bid the vessels off at such sale for 

 the sum of $1, Cooper being a brother-in-law of Warren and a British 

 subject, residing in San Francisco, Oal.; that on becoming such pur- 

 chaser Cooper executed mortgages to Boscowitz on the vessels for 

 their full value, which mortgages Boscowitz held at the time of the 

 seizures, the whole transaction being had solely for the purpose of 

 securing a British registration for said vessels, and thereby enabling 

 Boscowitz and Warren to carry on the sealing business under the 

 British flag. 2 



The testimony showing Boscowitz was a citizen of the United States 

 is found in the affidavits of T. T. Williams 3 and a report of Levi W. 

 Myers, United States consul at Victoria, B. C, dated November 10, 

 1S9:2. 4 While the proof as to the relations between Boscowitz and 

 Cooper is found in the deposition of Thomas H. Cooper, the alleged 



'Counter Case of the United States, p. 30; App., pp. 255,351. 

 8 Counter Case of the United States, App., pp. 321-325. 

 *Ibid,, p. 351. 

 * Ibid., p. 255. 



