APPENDIX TO CASE OF GREAT BRITAIN. 293 
The Minister has recently been advised that the schooners ‘‘ Grace,” ‘Anna Beck,” 
“Dolphin,” and ‘‘ Ada” were sold by direction of the United States Government on 
the 26th March last, the cargoes, supplies, and outtits of all the seized vessels having 
been previously disposed of. 
The Minister further submits that in a despatch from the Colonial Office, under 
date the 29th March, 1888, stating that the Law Officers of the Crown were of the 
opinion that ‘in respect of the schooner ‘Favorite,’ warned to cease operations 
under threat of seizure, the simple question is whether the threat was intended to 
be put into force, and whether she bond fide ceased to fish in consequence. ‘There 
ean be little doubt that both questions would be answered in her favour, and in her 
case also, a claim should be pressed, though the measure of damages will be difterent 
from that in the ease of the other vessels and w ould, in the abseuce of special cir- 
cumstances, be the actual loss occasioned by reason of the interruption of the fishing.” 
The same despatch referring to the cases of the ‘“W. P. Sayward,’ ‘‘ Grace,” 
“Anna Beck,” ‘‘ Alfred Adams,” ‘‘ Dolphin,” and ‘‘ Ada,” seized in the Behring’s Sea 
during the season of 1887, says, upon the facts laid before the Law Officers, these 
seizures were, in their opinion, unwarranted, and the claims for compensation can 
be pressed. 
It may here be mentioned that in the case of the ‘‘Alfred Adams” the cireum- 
stances are somewhat exceptional. This vessel was seized, and ordered by the United 
States authorities to report to the United States Marshal at Sitka; instead of which 
the captain sailed for Victoria, thus escaping detention and loss further than that of 
being obliged to relinquish his sealing voyage. 
The Minister desires to draw attention to the concise and forcible presentation of 
the Canadian case against the United States contained in the despatch from his Lord- 
ship the Marquis of Salisbury to Sir Lionel Sackville West, under date the 10th Sep- 
tember, 1887, wherein Lord Salisbury deals with the claim set up by the late Adminis- 
tration of the United States to the authority of that country in the Behring’s Sea, 
under the Treaty of Cession with Russia hereinafter mentioned, including those waters 
at a distance from land far in excess of the ordinary limit of maritime jurisdiction. 
The Marquis of Salisbury, in that despatch, remarks: ‘‘ Nearly four months have 
elapsed without any definite information being furnished by the United States Gov- 
ernment, as to the grounds of the seizures. My predecessor instructed you on the 
8th January last, to express Ho Mr. Bayard the concern of Her Majesty’s Govern- 
ment at the delay, and to urge the immediate attention of the United States Gov- 
ernment to the action of the American authorities in their treatment of these v essels 
and of their masters and crews.” And again: ‘‘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 ‘Carolena,’? ‘Onward,’ 
and ‘Thornton,’ which were communicated to you in July, and were transmitted to 
me in your despatch No, 196 of the 12th of that month, and they cannot find in them 
any justification for the condemnation of those vessels; ” and cone luding his despateh 
his Lordship further stated: ‘Her Majesty’s Government feel sure that in view of 
the considerations which I have set forth in this despateh, which you will commu- 
nicate to Mr. Bayard, the Government of the United States will admit that the seiz- 
ure and condemnation of these British vessels and the imprisonment of their masters 
and crews were not warranted by. the circumstances, and that they will be ready to 
afford reasonable compensation to those who have suffered in consequence, and issue 
immediate instructions to their naval officers which will prevent a recurrence of these 
regrettable incidents.” 
Three years have now almost passed since the American Government were apprised 
of the remonstrance on the part of the British Government against the claim set up 
to exclusive jurisdiction in the Behring’s Sea, with practically no result other than 
the virtual and continual exclusion of Canadian sealers from those open waters by 
the Government of the United States. 
Constant inquiry has been made of the Canadian Government as to the present 
condition of the claims of British subjects in Canada for the damage and loss sus- 
tained by the unjustifiable action of the United States authorities. 
The Minister regrets that he has been able to give no other answer to these 
265 inquiries than to say that the claims are still being pressed upon the attention 
of the United States Government, but that no settlement has been arrived at. 
The Minister of Marine and Fisheries is informed that the failure to obtain satis- 
faction has already resulted in the financial embarrassment and failure of Captain 
Warren, of Victoria, British Columbia, one of the owners most largely interested in 
the seized vessels: while the sealing industry, so far as Canada is concerned, which 
was heretofore prosecuted with considerable ‘advantage to labour and capital, has 
become entirely paralyzed. 
He further observes that while the argument advanced by the British Government 
touching the rights of British subjects in the open waters of Behring’s Sea has not been 
met, recent expressions and actions on the part of officials and of the authorities in 
