308 APPENDIX TO CASE OF GREAT BRITAIN. 
eruizing in Behring’s Sea, organizing a Government in Alaska and guarding the 
interests of the Alaska Commercial Company upon the islands leased to the Com- 
pany, any suggestion of the intention of that Government to assert a claim which it 
had so vehemently disputed when advanced by Russia. The Minister, on the con- 
trary, has observed that while vessels from British Columbia and elsewhere were 
trading and fishing generally in the Behring’s Sea, the instructions relating to the 
fisheries given to Revenue marine ships by the United States Government until 1886 
were confined to the protection of the Seal Islands from marauders who were in the 
habit of landing thereon. 
It is to be noted that the seizures of British sealers in the open sea followed the 
Report on the cruize of the Revenue marine steamer ‘‘Corwin” in the year 1885, 
In this Report it is among other things stated that a special look-out was kept for 
vessels sealing when shaping a course for St. Paul’s. The Captain in his Report says: 
‘“While we were in the vicinity of the Seal Islands a look-out was kept at the 
278  mast-head for vessels cruizing, sealing, or illicitly trading among those islands.” 
Having drawn attention to the number of ve ssels which sought the seals on 
the islands, and having illustrated the great difficulty of preventing the so-called 
“‘niracy” thereupon, the Commander concludes as follows: 
*‘In view of the foregoing facts, I would respectfully suggest— 
“(1.) That the Department cause to be printed in the Western Papers, particularly 
those of San Francisco, California, and Victoria, British Columbia, the sections of 
the Law relating to the killing of fur-bearing animals in Alaskan waters, and defining 
in specific terms what is meant by Alaskan waters. 
“(2.) That a Revenue-cutter be sent to cruize in the vicinity of Pribyloff Islands 
and Aleutian group during the sealing season.” 
While the first sugge stion has never been adopted, no notice nor Act having yet 
defined what is meant by Alaskan waters, it seems to be clear that, in accordance 
with this Report and other similar representations, the United States Government 
sent Revenue-cutters in 1886 with instructions for the first time to take sealing- 
vessels found anywhere in the great ocean called the Behring’s Sea. 
Accordingly Mr. George R. Tingle, Special Agent of the Treasury Department, 
reports from St. Panl Island, Alaska, 31st July, 1886, to the Honourable C. 8. Fair- 
child, Acting Secretary of Treasury, Washington, District of Columbia, that the 
Revenue-cutters were then engaged in keeping marauders from landing on the Seal 
Islands, and that the Captain of the Revenue-cutter ‘‘ Corwin,” on the 26th July had 
reported having seized the schooner ‘‘San Diego,” which vessel he calls an ‘old 
offender.” He goes on to say: ‘‘This commencement of captures will do much 
towards breaking up the marauding business about the islands this season; indeed, 
the ‘Corwin’s’ presence here has undoubtedly kept off quite a fleet of schooners and 
destroyed their unlawful business hereabouts. With the cutter ‘Bear’ to remain 
until fall, after coming out of the Arctic, seal life will be protected from pirates 
this season. It is the only means by which good can be accomplished in that direc- 
tion. I do earnestly hope the Department will see the necessity of keeping a cutter 
around the fur-seal islands every season from the 1st July to the Ist November.” 
From the extract in Mr. Bayard’s letter it appears that he was under the impres- 
sion that prior to the seizures of 1886 but a single infraction of the United States 
Law regulating fur-seals as construed by the Commanders of the Revenue-vessels 
which made these seizures, had occurred. 
The particulars already referred to by the Minister of Marine and Fisheries fully 
meet Mr. Bayard’s assertion, whether he refers to the violation of the Statute inside 
of the 3-mile limit or upon the waters of the sea at large. 
Attention may be directed to the Report of Mr. George Davidson, Assistant 
United States Survey on board the United States Revenue-steamer “Lincoln,” to 
Professor Benjamin Pierce, Superintendent United States Coast Survey, Washing- 
ton, District of Columbia, in 1867, wherein he says, when touching upon the fisheries 
of the Behring’s Sea : “Two or three small schooners sailed from Victoria and made 
small eatches.” And again, ‘‘In addition to the already acknowledged success of 
the cod fisheries from San Francisco and Victoria and our own experience, I add that 
of Captain Bryant, formerly a whaler in the North Pacific, and now an influential 
member of the Msacarhinsaits Legislature, quoting from your notes of the 26th May. 
Behring’s Sea is a mighty reservoir of cod and halibut, so that he never threw over 
his lines without bri inging up fish in whatever part of the sea he might happen.” 
It is admitted that Mr. Davidson is not dealing with the fur-seal fisheries to which 
Mr. Bayard specifically refers, yet the extracts from this Report appear to the Min- 
ister to be important, touching the general question of mare clausum, bearing testi- 
mony as they do to the undisputed enjoyment of the fisheries in general in the Beh- 
ring’s Sea by vessels from British Columbia long ago. 
The Minister desires to avail himself of this opportunity to direct attention to 
recent criticisms of one of the most influential and independent organs of public 
opinion in the United States upon the position taken by the Government of that 
country as regards Behring’s Sea. 
