210 APPENDIX TO CASE OF GREAT BRITAIN. 
[Inclosure 2 in No. 110.—Extract.] 
Sir L. West to the Marquis of Lansdowne. 
WASHINGTON, March 19, 1888. 
TI have the honour to inclose to your Excellency herewith copy of a telegram 
which I have received from Mr. Foster, your Excellency’s Minister of Marine and 
Visheries, relative to pending proceedings in the cases of Canadian sealers seized in 
Behring’s Sea, and, in reply, to inform your Excellency that the Attorney-General 
has stated that Rule X of the Practice in Admiralty and Rules of the Supreme Court 
(1887) make it plain that the confiscated ships can be bonded pending appeal. 
No. tds 
The Marquis of Salisbury to Sir L. West. 
FOREIGN OFFICE, April 3, 1888. 
Sir: The United States Minister called upon me to-day, previous to 
his return to America. He was anxious to speak to me especially with 
reference to the condition of the seal-fishery in Behring’s Sea. 
189 He expressed the hope that instructions would soon arrive 
which would enable the Russian Ambassador to negotiate on the 
subject of establishing a close time during which the capture of seals 
in certain localities should not be permitted; and he added that, when- 
ever that Convention could be arranged, it would put an end to all the 
difficulties which had arisen with respect to the seal-fishery in that sea. 
Mr. Phelps was very anxious for dispatch because the destruction of 
the species was enormous, and was increasing in volume every year. 
But under the peculiar political circumstances of America at this 
moment, with a general election impending, it would, he said, be of 
little use, and, indeed, hardly practicable, to conduct any negotiation 
to its issue before the election had taken place. He held it, however, 
to be of great importance that no steps should be neglected that could 
be taken for the purpose of rendering the negotiation easier to con- 
clude, or for supplying the place of it until the conclusion was obtained. 
He informed me, therefore, unofficially, that he had received from Mr. 
Bayard a private letter, from which he read to me a passage to the 
following effect: 
“7 shall advise that secret instructions be given to American cruiz- 
ers not to molest British ships in Behring’s Sea at a distance from the 
shore, and this on the ground that the negotiations for the establish- 
ment of a close time are going on.” 
> But, Mr. Phelps added, there is every reason that this step should 
not become public, as it might give encouragement to the destruction 
of seals that is taking place. 
I suggested to him that it would be desirable for Lord Lansdowne 
to know of it, as his Excellency was much embarrassed by the meas- 
ures for self-defence which were being taken by some of the sealing- 
ships that were fitting out from British Columbia. 
Mr. Phelps then said that he would have no objection to my com- 
muniecating this information to Lord Lansdowne confidentially. At the 
same time he expressed the hope that I would represent to Lord Lans- 
downe the importance of refusing clearance, if he could do so, to all 
ships going out from ports in British Columbia to shoot seals in Beh- 
ring’s Sea during close time, that is to say, from the 15th April to the 
Ist November. 
