ORAL ARGUMENT OF JAMES C. CARTER, ESQ. 15 



and the British subjects above lueiitioued, and will cause reasonable reparation to 

 be made for the wrongs to which they have been subjected and for the losses which 

 they have sustained. 



Should Mr. Bayard desire it, you are authorized to leave with him a copy of thi» 

 dispatch. 



1 am, etc., Iduesleigh. 



The learned arbitrators will thus perceive the ground which the 

 British Government were at first disposed to take — and a copy of this 

 dispatch was eveutually communicated, no doubt, and therefore they 

 did take this ground originally — that tliis business of pelagic sealing 

 was a peaceful and lawful occupation on the high s-ias, and that, being 

 such, it could not be interfered with, nor could those who were engaged 

 in it be taken and their property confiscated, by the action of the 

 American Government. The ground was, that these seizures by the 

 American Government were made at a greater distance than three 

 miles from the shore, outside of its jurisdiction, and were, therefore^ 

 unauthorized and unlawful. The grounds are two : First, that the occu- 

 pation of pelagic sealing is a peaceful and lawful one; second, that out- 

 side, upon the high seas, the Government of the United States has noi 

 authority to arrest British vessels. 



These requests from the representative of the Government of Great 

 Britain upon Mr. Bayard for information were from time to time 

 repeated during the delay which occurred, and Avhich was made neces- 

 sary, by the great remoteness of the scene of the difficulties from the 

 city of Washington ; and on the 4th of April 1887, the following note was 

 addressed to Mr. Bayard, which will be found on page 159 of the first 

 volume of the Appendix to the American Case: 



Sir L. S. Sackville West to Mr. Bayard. 



Washington, April 4, 1887. (Received April 4.) 

 Sir: In viex^ of the approaching lishing season in Behring Sea and the fitting out 

 of vessels for fishing operations in those waters, Her Majesty's Government have 

 requested me to inquire whether the owners of such vessels may rely on being unmo- 

 lested by the cruisers of the United States when not near land. 



Her Majesty's Government also desires to know whether the documents referred to 

 in your note of the 3d of February last connected with the seizure of certain British 

 vessels beyond the three-mile limit and legal proceedings connected therewith have 

 been received. And 1 have the honor therefore to request you to be good enough to 

 enable me to reply to these inquiries on the part of Her Majesty's Government with 

 as little delay as possible. 



I have, etc., L. S. Sackville West. 



In that note, as you will perceive, two points are made; first, that 

 some instructions should be given to CJnited States cruisers, so that 

 British sealers should not be molested in the forthcoming season; and, 

 second, an inquiry whether the information desired had been received. 



On the 113th of April, Mr. Bayard replies to that note as follows. 



Mr. Bayard to Sir L. S. Sackville West. 



Department of State, Washington, April 12, 1887. 



Sir: I have the honor to acknowledge your note of the 4th instant relative to the 

 fisheries in Behring Sea, and inquiring whether the documents referred to in my 

 note of February 3, relating to the cases of seizure in those waters of vessels charged 

 with violating the laws of the United States regulating the killing of fur-seals, laad 

 been received. 



The records of the judicial proceedings in the cases in the district court in Alaska 

 referred to, were only received at this Department on Saturday last, and are no\\r 

 under examination. 



The remoteness of the scene of the fur-seal fisheries and the special peculiarities 

 of that industry have unavoidably delayed the Treasury officials in framing appro- 

 priate regulations and issuing orders to United States vessels to police tli© Alaskan 



