SEIZURES OF 1886 AND 1887. 163 



United Stafces Governineiit to the action of tlie American authorities iu 

 their treatment of these vessels and of tlieir masters and crews. 



On the 3d February Mr. Bayard informed you that the record of the 

 judicial proceedings which he had called for was shortly expected to 

 reach Washington, and that, without conclusion at that time of any 

 questions which might be found to be involved in these cases of seizures, 

 orders had been issued by the President's direction for the discontinu- 

 ance of all pending proceedings, the discharge of the vessels referred to, 

 ami the release of all persons under arrest in connection tlierewith. 



On the 4th of April, under instructions from me, you inquired of Mr. 

 Biiyard, in view of the approaching fishing season in Beliring's Sea, 

 Avhether the owm^rs of British vessels might rely when not near land on 

 being unmolested by the cruisers of "the United States, and you again 

 aslvcd when the record of the judicial proceedings might be expected. 



Mr. Bayard informed you, in reply (12th April), that the papers re- 

 ferred to had reached him and Avere being examined; that there had 

 been unavoidable delay in framing api>ropriate regulations and issuing 

 orders to the United States vessels to police the Alaskan waters; that 

 the Revised Statutes relating to Alaska, sections 1950 and 1971, con- 

 tained the laws of the United States in relation to the matter; and that 

 the regulations were being considered, and he would inloim you at the 

 earliest day possible what had been decided, so that British and other 

 vessels might govern themselves accoidingly. 



In view of the statements made by Mr. Bayard in his note of the 3d 

 February, to which I have rcferr(Ml al)ove. Her Majesty's Government 

 assumed that, pending a conclusion of the discussion between the two 

 Governments on the general (inestion involved, no further similar seiz- 

 ures of British vessels Avould be made by order of the United States 

 Government. Tliey learn, however, from the contents of Mr. Bayard's 

 note of the 13th ultimo, inclosed iu your dispatch, No. 245, of the 15th 

 ultimo, that such was not the meaning wiiich he intended should be 

 attached to his communication of the 3d February; and they deeply 

 regret to find a proof of their misinteri)retation of the intentions of the 

 United States Government from an announcement recently received from 

 the commander-in-chief of Her Majesty's naval forces in the Pacific, that 

 several more British vessels engaged in seal hunting in Behring's Sea 

 have been seized when a long distance from land by an American rev- 

 enue vessel. 



Her Majesty's Government have carefully considered the transcript 

 record of the judicial proceedings in the United States district court 

 in the several cases of the schooners Carolina, Onward, and Thornton, 

 which were communicated to you in July, and were transmitted to me 

 in your dispatch, No. IDG, of tlie 12th of that mouth, and they can not 

 fintl iu them any justification for the condemnation of those vessels. 



The libels of information allege that they were seized for killing fur 

 seal within the limits of Alaska Territory, and in the waters thereof, iu 

 violation of section 195C of the Revised Statutes of the United States; 

 and the United States Naval Commander Abbey certainly afiirmed that 

 the vessels were seized Avithin the waters of Ahiska and the Territory 

 of Alaska, but according to his own evideriCe, they Avere seized 75, 115, 

 and 70 miles, respectively, south-soutliAvest of St. George's Island. 



It is not disputed, therefore, that the seizures in question Avere effected 

 at a distance from land far in excess of the limit of maritime jurisdic- 

 tioii, which any nation can claim by interiiatio'ial law, and it is hardly 

 necessary to add that such limit can uot be enlarged by any municii^al 

 law. 



