APPENDIX TO CASE OF GREAT BRITAIN. 105 
BAYARD’S OPINION. 
The following telegram is another unofficial announcement, and seems to be rather 
out of harmony with the official acts of the commanders of the Revenue cutters: 
“WASHINGTON, July 20. 
“Secretary Bayard, when he was shown to-day a despatch from Ottawa, stating 
that ‘the Dominion Government is protesting against the discourtesy shown by the 
United States authorities in ignoring its demand for reparation for the seizure and 
detention of the British Columbia sealers seized in Behring’s Sea last year,’ said :—‘ In 
the first place, no demand was ever made to our Government by any body, either for 
the release of the vessels in question or for damages for their detention; and, in the 
second place, if any such demand had been made, it could not have come by any 
possibility from the Dominion Government, with which we have absolutely no diplo- 
matic relations whatsoever. The vessels in question were released upon representa- 
tions of the British Government that they were British vessels. ‘They were released, 
because our right to hold them was deemed too doubtful to be enforced. Our Gov- 
ernment did what it believed to be right in the matter, without constraint from any 
quarter. The probability is that the ‘‘Anna Beck,” alleged to be a British steam 
schooner from Victoria, the arrest of which by the Revenue cutter ‘‘ Rush” for alleged 
violation of our Alaska Revenue Laws was reported yesterday, will be released the 
same wayif the facts areas alleged. The claim that Behring’s Sea is a mare clausum 
upon which the seizure ot foreign vessels for violating our Revenue Laws proceeds 
seems to be untenable. We contended that it was not when Russia owned all the 
territory on both sides of it. Now that we own half and Russia half, it seems im- 
possible to maintain the mare clausum theory.’” 
What course 6f action will be followed by the people here is not yet determined, 
but some steps should be taken by the Local and Civic Governments in order to 
convey the deep feeling of indignation entertained against the repeated acts of law- 
lessness on the part of the American authorities, and their regret that better pro- 
tection is not afforded our fishing interests. 
A. Laing, mate of the “W. P. Sayward,” arrived down from Nanaimo last evening, 
having left the ‘‘ Idaho” at that point. He corroborates the fact that the “Rush ” 
was entering Sitka as the steamer left, having in charge a number of schooners, the 
names of which were unknown. The Americans evidently intend to make a clean 
sweep of the schooners sealing north this season. Portions of the crews of the 
seized schooners are on the ‘‘Idaho” and will arrive over from Port Townsend to-day. 
A number of sailors and Indians have started for Victoria in boats. 
88 It was reported that Captain Miner, of the schooner ‘‘ Penelope,” had over- 
powered the men put on his schooner as a prize crew, and was now on his way 
to Victoria with his unwilling passengers. 
No. 53. 
The Marquis of Salisbury to Sir I. West. 
FOREIGN OFFICE, September 10, 1887. 
Str: By a despatch of the 30th October last the late Earl of Iddes- 
leigh instructed you to call the attention of the United States Secre- 
tary of State to the circumstances of the seizure in Behring’s Sea, by 
the American cruizer “Corwin,” of some British Canadian vessels; and 
his Lordship directed you to state to Mr. Secretary Bayard that Her 
Majesty’s Government felt sure that if the proceedings which were 
reported to have taken place in the United States District Court were 
correctly described, the United States Government would admit their 
illegality, and would cause reasonable reparation to be made to the 
British subjects for the wrongs to which they had been subjected and 
for the losses which they had sustained. 
By a previous despatch of the 9th September you had been desired 
to ask to be furnished with any particulars which the United States 
Government might possess relative to the seizures in question; and on 
the 20th October you were instructed to enter a protest on behalf of 
Her Majesty’s Government, and reserve for consideration hereafter all 
Tights to compensation. 
