APPENDIX TO CASE OF GREAT BRITAIN. 323 
further letter from the High Commissioner for Canada inclosing a copy 
of a Petition to the President of the United States from the owners of 
the American schooner “San Diego,” which appears to support the 
Canadian view respecting such seizures. 
The Orders in Council of the Canadian Government referred to Sir 
Charles Tupper were forwarded to the Foreign Office in the letters from 
this Department of the 18th August last year and the 9th instant 
respectively. 
lam, &c. 
(Signed) RoBert G. W. HERBERT. 
[Inclosure 1 in No. 207.] 
Sir C. Tupper to Lord Knutsford. 
9, Victoria CHAMBERS, Westminster, London, August 9, 1889. 
My Lord: With reference to my letter of the 2nd instant on the subject of the 
seizure of British vessels in the Behring’s Sea by the United States, I now have the 
honour to transmit, for your Lordship’s information, a copy of a Petition to the Presi- 
dent of the United States from the owners of the American schooner ‘‘San Diego,” 
-which seems to support the Canadian view of the matter. 
With regard to the American proposal for the establishment of a close time for the 
Behring’s Sea in relation to the seal-fishing, I should like to refer your Lordship to 
the Order in Council of the Canadian Government, dated the 4th July, 1888, which 
deals very fully with this part of the question. 
I think both Lord Salisbury and your Lordship, after a careful perusal of this 
document, will come to the conclusion that the adoption of the proposal that is dis- 
cussed would practically mean the exclusion of our fishermen from the Behring’s Sea, 
while, at the same time, it would operate entirely to the benefit of the Alaska Com- 
mercial Company, with whose privileges it would not interfere. It also demon- 
strates, in my opinion, that there is no scarcity of seals; that any indiscriminate 
slaughter that takes place oceurs on the islands on which the American Company 
pursues its operations, and that the seal-fishing industry might be extended con- 
siderably without any appreciable effect upon the supply. Supposing, however, 
that a necessity was found for some measures for protecting the seals, a proposition 
of the kind should be made upon a proper basis, which would operate equally against 
all, and not be a partial measure such as that suggested by the American Govern- 
ment, the adoption of which would be tantamount to the exclusion of British vessels 
from participation in the industry. 
Ihave no doubt that your Lordship has seen by this time the further Order in 
Council of the Canadian Government approved by his Excellency the Governor- 
General on the 29th June, 1889. This also contains information, much of it from 
American sources, proving beyond doubt the justice of the British claim to equal 
rights with the United States in the open waters of Behring’s Sea. The right of the 
American Government to make Regulations with regard to the fishing on 
991° the islands and the mainland, and in the waters within the 3-mile limit from 
the shore, is not disputed, but before the purchase of the territory, the United 
States dissented in the strongest possible manner to any claim of exclusive jurisdiction 
by another Power in the open waters of the sea in question, andit is only comparatively 
recently that they have advanced their claim to regard the open sea as United States 
property. Her Majesty’s Government have always resisted such a contention, and I 
cannot doubt that they will now take such steps as will insure the prompt settlement 
of the question by the withdrawal of the United States Government from the posi- 
tion they have taken up, and not only thus enable British vessels to engage peace- 
fully, without molestation in the fishery industry, in accordance with the rights 
conceded by international law, but also demand reparation in favour of those persons 
whose vessels, equipment, and cargo have been seized, and of those who have in other 
ways suffered injury in consequence of the harsh, arbitrary, and unjust acts of the 
United States Revenue cruizers, 
Ihave, &c. 
(Signed) CHARLES TUPPER, 
