APPENDIX TO CASE OF GREAT BRITAIN. eo Fad | 
never stated that assumption in direct terms, and all its official utterances on the 
subject carry the conviction of the Department’s consciousness of inability to estab- 
lish the claim on the basis of any Treaty agreement or international law. Even the 
Acts of Congress do not anywhere assert a claim over the whole of Behring’s Sea, 
but only over Alaskan waters or the waters adjacent to Alaska and to our islands in 
Behring’s Sea. Indeed, the one plea upon which the United States Government cap- 
tures sealing-vessels all over the thousands of miles of water within Behring’s Sea is 
that the welfare of mankind requires that the seal shall be protected from poachers. 
The English Government agrees that the seal should be carefully protected and pre- 
served, but contends that it has a right to be consulted as to the method of protect- 
ing the seal on the open sea. 
The United States Government is unwilling to take other Governments into part- 
nership in the business, because the seal really belongs to the*Pribylov Islands, 
although it sometimes strays to distant waters to spend the winter. Nevertheless, 
when it comes to a crisis, this Government will probably have to admit that it has 
no right to say, independent of other nations, that seal shall not be taken 200 or 300 
miles from shore. It would not be surprising if some serious collisions should occur 
between the seal-hunters and our Revenue-cutters. The sealers are out in numbers, 
and the seizures that are sure to be made this summer must bring things to a crisis 
and lead to a settlement of right in the matter. Sir Julian Pauncefote will have 
big business to attend to “when he returns to Washington. He will doubtless 
298 bring back with him some urgent representations from Lord Salisbury. Sir 
Julian said before sailing for hy ngland that up to that time the subject had not 
been talked of at all between himself and the State Department here. 
The seizure and search of the ‘‘ Triumph,” whieh was afterwards released because 
no sealskins were found on board, may be a more serious matter than the seizure of 
the “Black Diamond,” for it involved the right of the United States to seize and 
search suspected vessels outside of what are conceded to be the limits of the juris- 
diction of the United States. 
Bangor, Me., 1st.—Secretary Blaine passed through this city this evening en route 
to Bar Harbour. <A reporter called his attention to a declaration in a Boston paper 
that it would be impossible for the national Government to ‘‘ sustain the pretension 
of Secretary Blaine that Behring’s Sea is distinctly American water.” ‘The Secre- 
tary of State simply remarked that it might be well for the paper in question to 
indicate the occasion, official or unofficial, where he said anything at all on that 
point. Mr. Blaine added that everything done on the fur-seal question since the 
4th of last March was in literal compliance with the directions contained in the Act 
of Congress which was approved by President Cleveland on the last day of his 
term. 
[Inclosure 5 in No. 211.] 
Extract from the ‘‘ Ottawa Citizen” of August 6, 1889. 
Victoria, B. C., 5th.—The most astonishing thing that has happened here since the 
foundation of the town was the arrival in the harbour yesterday of the ‘‘ Black 
Diamond,” Captain Thomas, which, on the 11th July last, was seized by the Ameri- 
can Revenue-cutter “Rush, ” for the alleged illegal capture of seals in Behring’s 
Sea. Captain Thomas, the moment he stepped ashore, was met by the owners “of 
the schooner, and to them he reported the facts connected with the interr uption of 
his vessel’s sealing trip. He sighted the Revenue-cutter ‘‘ Rush” on the 11th July, 
5 miles away. He was catching seals at the time, and was 70 miles off shore. He 
immediately made sail, intending to elude the cutter and avoid any possible trouble. 
The wind, unfortunately, was rather light, and the ‘‘ Rush’s” engines enabled her, 
inside of an hour, to overhaul the ‘‘ Black Diamond.” The Commander of the 
“Rush” at first signalled the schooner to heave to, but no attention being paid to 
the order by Captain Thomas, the “Rush” steamed almost alongside, her Com- 
mander shouting out his order for her to lay to. This he did three times, but Cap- 
tain Thomas still paying no attention to him, he steamed ahead of the “ Black 
Diamond” and lay across her bows, compelling Captain Thomas to haul his vessel 
up sharply and lay to. 
Then Lieutenant Tuttle, three other officers, and two boat-loads of Yankee sailors 
came aboard and began making an examination of the ‘‘Black Diamond” hold. 
Captain Thomas demanded an explanation, when Lieutenant Tuttle informed him 
that his vessel was under seizure for the illegal catching of seals, and demanding the 
“Black Diamond’s” papers. Captain Thomas indignantly repudiated the ch: Irge 
that he was acting illegally, and refused to give up his papers. Lieutenant Tuttle 
argued, demanded, and threatened, and finally, after three distinct, emphatic refusals 
