210 DIPLOMATIC CORRESPONDENCE. 



Mr, Blaine lias been misinformed as to the history of tlie operations in 

 Behring Sea during that period. 



The instances recorded in inclosure 1 in this dispatch are siilhcicnt 

 to prove from oflicial United States sources that from 1807 to 18S(> 

 British vessels were engaged at intervals in the fur-seal lisheries with 

 the cognizance of the United States Government. I will here by way 

 ot example quote but one. 



In 1872 Collector Phelps reported the fitting out of expeditions m 

 Australia and Victoria for the purpose of taking seals in Behring Sea, 

 while passing to and from their rookeries on St. Paul and St. George 

 Islands, and recommended that a steam cutter should be sent to the 

 region of Unimak Pass and the islands of St. Paul and St. George. 



"Mr. Secretary Boutwell informed him, in reply, that he did not con- 

 sider it expedient to send a cutter to interfere with the ojierations of 

 foreigners, and stated: "In addition, I do not see that the United 

 States would have the Juiisdiction or power to drive off parties going 

 up there for that purpose, unless they made such attempt within a 

 marine league of the shore." 



Before leaving this part of Mr. Blaine's argument, I would allude to 

 his remark that •' vessels from other nations passing from time to time 

 thr<mgh Behring Sea to the Arctic Ocean in pursuit of Avhaleshave 

 always abstained from taking part in the capture of seals," wdiich he 

 holds to be proof of the recogiiition of rights held and exercised first 

 by Kussia and then by the United States. 



Even if the facts are as stated, it is not remarkable that vessels 

 l)usliing on for the short season in which whales can be captured in the 

 Arctic Ocean, and being fitted especially for the whale fisheries, neg- 

 lected to carry boats and iuinters for fur seals or to engage in an en- 

 tirely different pursuit. 



The whalers, moreover, pass through Behring Sea for the fishing 

 gronnds in the Arctic Ocean in April and May as soon as the ice 

 i»reaks up, while the great bulk of the seals do not reach the Pribilof 

 Islands till June, leaving again by the time the closing of the ice com- 

 pels the whalers to return. 



The statement that it is "a fact now held beyond denial or doubt 

 that the taking of seals in the open sea rapidly leads to their extinc- 

 tion" would admit of reply, aiid abundant evidence could be adduced 

 on the other side. But as it is proposed that this part of the (juestion 

 should be examined by a committee to be api)ointed by the two Gov- 

 ernments, it is not necessary that I should deal with it here. 



Her Majesty's Government do not deny that if all sealing were stopped 

 in Behring Sea exce])t on the islands in possession of the lessees of the 

 United States, the seal nuiy increase and nndtii>ly at an even nn»re ex- 

 traordinary rate than at present, and the seal fishery on the island may 

 become a monopoly of increasing value; but they can not admit that 

 this is suftlcient gronnd to justify the United States in fi)rcibly de[)riv- 

 ing other nations of any share in this industry in waters which, by the 

 recognized law of nations, are now^ free to all the Avorld. 



It is from no disrespect that I refrain from replying S])ecifi<'ally to the 

 subsidiary questions and arguments put forward by Mr. Jilaine. Till 

 the views of the tAvo Governments as to the obligations attaching, on 

 gronnds either of nH)rality or necessity, to the United States CJovern- 

 ment in tliis matter, ha\'e been brought into closei' harnuuiy, such a 

 course would appear needlessly to extend a controversy which Iler 

 Miyesty's Government are anxious to keep within reasonable limits. 



