294 APPENDIX TO CASE OF GREAT BRITAIN. 
the United States touching the Belring’s Sea, taken with the seizures of British ves- 
sels already referred to, atlord a reasonable ground for the belief that the Revenne- 
cutters of the United States Governmert in the waters in question will continue to 
treat these waters as closed. Great damage has therefore not only been sustained, 
but is now being suffered, by British subjects in consequence of their not daring to 
risk their persons and property in these waters in the absence, not only of a set- 
tlement of the claims already existing, but without any positive assurance from the 
British Government that, in the event of loss or damage again occurring to them in 
the open waters of the Behring’s Sea at the hands of the United States authorities, 
ample redress will be obtained therefor. 
The Minister observes that the lease granted by the United States to the Alaska 
Commercial Company in August 1870 gave that Company the right to take seals on 
the Islands of St. George and St. Paul only. 
It appears that it is claimed by the United States authorities that the supply on 
these islands began to diminish in consequence of the number killed and taken in 
the open sea.* 
In 1879 a Notice was published by the Treasury Department at Washington, call- 
ing attention to section 1956 of the Revised Statutes of the United States for the 
purpose apparently of prohibiting American citizens from interfering with the rights 
of the Alaska Commercial Company under its Contract with the United States.t 
Notwithstanding the statement in the Report of the Committee of the House of 
Representatives t hereinafter referred to, ‘‘that American citizens respected the law 
and the published notice of the Secretary of State of the Treasury, and made no 
attempt to take seas,” the list of seizures appended to that Report§ shows that an 
American schooner was seized in 1886 and seven American schooners were seized in 
1887 for the violation of the section of the Revised Statutes mentioned in the Notice. 
The bold attempt of the United States to make Behring’s Sea a mare clausum 
occurred in 1886 by the seizure of the British schooners ‘‘‘Thornton,” ‘‘Carolena,” 
and ‘¢Onward.” 
It will be remembered that in 1887 Mr. Bayard wrote to Sir L. S. Sackville West 
referring to the Alaskan waters and the Regulations and Orders to United States 
vessels to protect them as follows: 
“The Laws of the United States in this behalf are contained in the Revised. Stat- 
utes relating to Alaska in sections 1956 to 1971, and have been in force for upwards 
of seventeen years. 
‘The question of instructions to Government vessels in regard to preventing the 
indiscriminate killing of fur-seals is now being considered, and I will inform you at 
the earliest day possible what has been decided, so that British and other vessels 
visiting the waters in question can govern themselves accordingly.” 
The Minister is not aware that any information has been communicated by the 
Secretary of State Department of the United States Government as promised, ‘so 
that British and other vessels visiting the waters in question could govern themselves 
accordingly,” but the following Circular appears to have been issued in Washington 
in the year 1888: 
“TREASURY DEPARTMENT, OFFICE OF THE SECRETARY, 
** Washington, D. C., March 5, 1888. 
“Dear Sir: Referring to the Department’s létter to you of the 16th March, 
1886, concerning the scope of the jurisdiction of the United States over the waters 
of the territory of Alaska, and the prevention of the killing of fur-seals and other 
fur-bearing animals within such, and as described by Chapter 3 of Title 23 of the 
Revised Statutes, you are again requested to give publicity to the matter, so 
266 that any parties who may be contemplating the fitting out of expeditions 
to kill fur-seals in the said waters, may have due and timely notice of the 
requirements of the Statute in the premises, as construed by the Department. 
(Signed) “LL. H. MAYNARD, 
‘Assistant Secretary. 
“COLLECTOR OF CustToMs, San Francisco, California.” 
Attention is called to the last words of the foregoing Cireular. 
The ‘‘constiuing of the Department” may be ascertained by the seizures under 
consideration. 
The Minister would further draw attention to the Report of the Governor of Alaska 
for the year 1888, || wherein he argues that the monopoly of the seal fishery in Behring’s 
Sea will be lost if the Government of the United States does not assert exclusive 
jurisdiction beyond the 3-mile limit. 
* Report No. 3883 H. R.,50 Congress, Session 2, Appendix (A). 
t Appendix (B), April 21, 1879. 
{ Report No. 3883 H. R., 50 Congress, Section 2, p.5, Appendix (A). 
§ Appendix (C), Exhibit C, to above Report. 
| Appendix (D), “‘ Report of Governor of Alaska for fiscal year 1888,” 
