APPENDIX TO CASE OF GREAT BRITAIN. 125 
The paper marked (f/f) purports to be a copy of a telegram, dated the 26th January, 
1887, trom the United States Attorney-General Garland to Judge Dawson, ordering 
him to release the vessels seized in August preceding, and of an order founded thereon 
from Judge Dawson to the United States Marshal at Sitka, bearing date the 19th 
February, 1887, directing him to ‘‘ release the ‘Carolina,’ ‘Onward,’ ‘Thornton,’ and 
‘San Diego,’ together with all their tackle, apparel, skins, guns, ammunition, small 
boats, and everything pertaining to said vessels.” 
The third paper, marked (g), is a copy of a letter from the law firm of Drake, 
Jackson, and Helmecken, of Victoria, British Columbia, to the Minister of Justice, 
informing him that they are advised that a telegram was received by Judge Dawson 
from the United States Attorney-General, ordering the release of the vessels above 
referred to; that Judge Dawson did issuean orderaccordingly, but that he afterwards 
rescinded the order on the assumption that the telegram was a forgery, and that since 
“no official letters of any sort, either confirming the telegram or respecting the affair, 
has been received at Sitka.” 
The Minister observes that, if the information conveyed in the above-men- 
106 tioned papers is correct, of which there appears no reasonable doubt, it reveals 
a state of affairs by no means satisfactory. 
On the 38rd February, 1887, Mr. Secretary Bayard informed the British Minister at 
Washington that ‘‘ orders have been issued by the President’s direction for the dis- 
continuance of all pending proceedings, the discharge of the vessels referred to, and 
the release of all persons under arrest in connection therewith.” 
A telegram in accordance with Mr. Bayard’s communication appears to have been 
sent to Alaska, and an order based thereon to have been issued by the District Judge, 
but to have been afterwards rescinded, and no further action has been taken up to 
date of latest information. 
Meanwhile, the vessels remain under seizure, the seal-skins are forfeited, and the 
property of Canadian citizens forcibly witheld from them under circumstances 
which involve very great loss and damage, 
The Minister further observes that, with a view of guiding the action of Canadian 
citizens interested in sealing in the northern seas, repeated attempts were made 
previous to the commencement of the present season to obtain an official expression 
from the United States Government of the policy they proposed to pursue in their 
treatment of foreign vessels sealing in Behring’s Sea, but that these efforts proved 
altogether unavailing. From Mr. Bayard’s communication of the 3rd February, 
1887, above referred to, the fair inference, however, was to be drawn that, until the 
question in dispute between the two Governments as to the legality of the previous 
seizures had been finally disposed of, no further seizures would be made; and there 
isno doubt that on the strength of this communication, and in the absence of any 
explicit statement of policy to the contrary, Canadian citizens did, in the beginning 
of the present season, embark upon their customary sealing expeditions to Behring’s 
Sea, under the reasonable impression that they would not be interfered with by the 
United States authorities so long as they conducted their operations in the open 
sea, only, however, to find their vessels seized, their property confiscated, and their 
ventures completely ruined. 
It is respectfully submitted that this condition of affairs is in the highest degree 
detrimental to the interests of Canada, and should not be permitted to continue. 
For nearly two years Canadian vessels have been exposed to arbitrary seizure and 
confiscation in the pursuit of a lawful occupation upon the high seas, and Canadian 
citizens subjected to imprisonment and serious financial loss; while an important 
and remunerative Canadian industry has been threatened with absolute ruin. This 
course of action has been pursued by the United States officers in opposition to the 
contention in the past of their Government in regard to the waters in which these 
seizures have taken place, in violation of the plainest dictates of international law, 
and in the face of repeated and vigorous protests of both the Canadian and British 
Governments. 
The Minister advises that Her Majesty’s Government be again asked to give its 
serious and immediate attention to the repeated remonstrances of the Canadian 
Government against the unwarrantable action of the United States in respect to 
Canadian vessels in Behring’s Sea, with a view to obtain a speedy recognition of its 
just rights, and full reparation for the losses sustained by its citizens. 
The whole respectfully submitted. 
(Signed. ) GEORGE E. FOSTER, 
Minister of Marine and Fisheries. 
DEPARTMENT OF FISHERIES, Ottawa, September 15, 1887. 
