Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 3, 1888, Part II
No. 31.
Sir L. S.
Sackville West to Mr. Bayard.
Sir: With reference to my note of the 19th instant, protesting against the seizure of the British schooner Alfred Adams, I have the honor to transmit to you herewith copy of the report of the Canadian minister of marine and fisheries and other papers relating thereto.
I have, etc.,
report of george e. foster, canadian minister of marine and fisheries.
Ottawa, September 15, 1887.
With reference to previous correspondence concerning the seizure and detention of Canadian sealing vessels by the United States authorities in Behring Sea, the minister [Page 1799] of marine and fisheries begs to submit for the consideration of his excellency the governor-general in council, the following papers:
- (a)
- A letter from Collector Hamley, of Victoria, B. C., dated September 1, 1887, inclosing certain papers in reference to the seizure of the Canadian sealing schooner Alfred Adams in Behring Sea.
- (b)
- The declaration of William Henry Dyer, of Victoria, British Columbia, master of the Canadian schooner Alfred Adams;
- (c)
- A certificate of seizure of the Alfred Adams, signed by L. G. Shepard, captain of the United States revenue steamer Rush.
- (d)
- A sealed and unopened letter directed to the United States district attorney and United States marshal, Sitka, Alaska.
- (e)
- A letter from Collector Hamley, of Victoria, British Columbia, dated July 26, relating to the detention of the Canadian schooners Onward, Carolena, and Thornton, seized in August, 1886, by the United States cutter Corwin in Behring Sea.
- (f)
- Copy of a telegram and order purporting to be from the United States Attorney-General and Judge Dawson, respectively, relating to the release of the above-named vessels, and
- (g)
- A letter dated September 3, 1887, from the law firm of Drake, Jackson & Helmcken, of Victoria, containing additional information relating to the same.
From the above-mentioned papers it appears that on the 6th August, 1887, the Canadian schooner Alfred Adams, whilst engaged in catching seals in the open sea more than 50 miles distant from the nearest land, was forcibly seized by an armed vessel of the United States, her ship’s papers taken, her cargo of seal skins, 1,386 in number, together with all her arms, ammunition, and fishing implements transferred to the United States cutter, and her captain ordered to proceed, with sealed orders, to Sitka, and to deliver himself, his vessel and men, into the hand of the United States marshal at that place.
This treatment of the Alfred Adams whilst peaceably pursuing her lawful calling on the high seas is but a repetition of the unjustifiable seizures of Canadian vessels made by the United States authorities in Behring Sea, and which have been dealt with at length in previous reports to council.
The minister, therefore, does not consider it necessary in this instance to traverse the ground already so fully covered, and recommends that a copy of this report, with the papers attached, be forwarded to Her Majesty’s Government for their earnest and immediate consideration, and that a copy thereof be sent to the British minister at Washington, together with the sealed letter given by Captain Shepard to the master of the Adams, with the request that it be forwarded to Mr. Secretary Bayard.
With reference to the attached papers E, F, and G, the minister observes that from the first (E) it appears that inquiries made by the collector of customs at Victoria, British Columbia, in July last, resulted in his obtaining the information that Judge Dawson had up to that date received no orders for the release of the Canadian sealing vessels seized in 1886, that the vessels had not been sold, and remained still under seizure, and that Judge Dawson, when questioned as to the report that a telegram had been sent to him by the Attorney-General of the United States ordering the release of the vessels, had replied that he had heard of this report before, but that nothing of the kind had reached either himself or the United States marshal at Sitka. The paper marked F purports to be a copy of a telegram dated January 26, 1887, from the United States Attorney-General Garland to Judge Dawson, ordering him to release the vessels seized in August preceding, and of an order founded thereon from Judge Dawson to the United States marshal at Sitka bearing date February 19, 1887, directing him to “release the Carolena, Onward, Thornton, and San Diego, together with all their tackle, apparel, skins, guns, ammunition, small boats, and everything pertaining to said vessels.” The third paper, marked G, is a copy of a letter from the law firm of Drake, Jackson & Helmcken, of Victoria, British Columbia, to the minister of justice, informing him that they are advised that a telegram was received by Judge Dawson from the United States”Attorney-General, ordering the release of the vessels above referred to; that Judge Dawson did issue an order accordingly, but that he afterwards rescinded the order on the assumption that the telegram was a forgery, and that since “no official letters of any sort, either confirming the telegram or respecting the affair, has been received at Sitka.”
The minister observes that if the information conveyed in the above-mentioned papers is correct, of which there appears no reasonable doubt, it reveals a state of affairs by no means satisfactory.
On the 3d of February, 1887, Mr. Secretary Bayard informed the British minister at Washington that “orders have been issued by the President’s direction for the discontinuance of all pending proceedings, the discharge of the vessels referred to and the release of all persons under arrest in connection therewith.” A telegram in accordance with Mr. Bayard’s communication appears to have been sent to Alaska, and an order based thereon to have been issued by the district judge, but to have been afterwards rescinded, and no further action has been taken up to date of latest [Page 1800] information. Meanwhile the vessels remain under seizure, the seal skins are forfeited, and the property of Canadian citizens forcibly withheld from them under circumstances which involve very great loss and damage.
The minister further observes that with a view of guiding the action of Canadian citizens interested in sealing in the northern seas, repeated attempts were made previous to the commencement of the present season to obtain an official expression from the United States Government of the policy they proposed to pursue in their treatment of foreign vessels sealing in Behring Sea, but that these efforts proved altogether unavailing. From Mr. Bayard’s communication of February 3, 1887, above referred to, the fair inference, however, was to be drawn that until the question in dispute between the two Governments as to the legality of the previous seizures had been finally disposed of, no further seizures would be made. And there is no doubt that on the strength of this communication, and in the absence? of any explicit statement of policy to the contrary, Canadian citizens did, in the beginning of the present season, embark upon their customary sealing expeditions to Behring Sea, under the reasonable impression that they would not be interfered with by the United States authorities so long as they conducted their operations in the open sea; only, however, to find their vessels seized, their property confiscated, and their ventures completely ruined.
It is respectfully submitted that this condition of affairs is in the highest degree detrimental to the interests of Canada, and should not be permitted to continue. For nearly two years Canadian vessels have been exposed to arbitrary seizure and confiscation in the pursuit of a lawful occupation upon the high seas, and Canadian citizens subjected to imprisonment and serious financial loss, while an important and remunerative Canadian industry has been threatened with absolute ruin. This course of action has been pursued by United States officers in opposition to the contention in the past of their Government in regard to the waters in which these seizures have taken place, in violation of the plainest dictates of international law and in the face of repeated and vigorous protests of both the Canadian and British Governments.
The minister advises that Her Majesty’s Government be again asked to give its serious and immediate attention to the repeated remonstrances of the Canadian government against the unwarrantable action of the United States in respect to Canadian vessels in Behring Sea, with a view to obtain a speedy recognition of its just rights and full reparation for the losses sustained by its citizens.
The whole respectfully submitted.
Minister of Marine and Fisheries
Mr. Hamley to Mr. Foster.
Victoria, July 26, 1887.
Dear Sir: Captain Carrol, master of the American steamer Olympian, has been taking parties of excursionists to Sitka and I asked him to see the judge, Mr. Dawson, and find out something we could trust respecting the seized vessels. Dawson told him he had received no orders whatever for the release of the vessels—they have not been sold—and remain as they were, under seizure. Captain Carrol told Dawson of the telegram dated last January, purporting to have been sent by Mr. Garland, Attorney-General at Washington, in the President’s name, ordering the vessels to be released. Dawson said he had heard of it before and that it must have been, as he termed it, a “put up thing,” as nothing of the kind had reached either himself or the United States marshal at Sitka.
The serious part is that our people, trusting to the story of the order for release, have sent thirteen vessels again this year to the sealing grounds. One has been seized already and if the others fall in the way of the revenue cutters they will probably be seized also. I may perhaps learn something more from the admiral when he returns from Alaska, and if so I will write to you again.
Yours, very truly,
Judge Lafayette Dawson
and
M. D. Ball,
United States district attorney, Sitka,
Alaska:
I am directed by the President to instruct you to discontinue any further proceedings in the matter of the seizure of the British vessels Carolena, Onward, and Thornton, and discharge all vessels now held under such seizure and release all persons that may be under arrest in connection therewith.
Attorney-General.
Barton Atkins,
United States marshal for the district of
Alaska:
You are hereby directed to release the vessels Carolena, Onward, Thornton, and San Diego, which were seized in Behring Sea for violation of section 1956, United States Statutes, together with their tackle, apparel, skins, guns, ammunition, small boats, and everything pertaining to said vessels, this 19th day of February, 1887.
District Judge, District of Alaska.
Mr. Hamley to Mr. Foster.
Victoria, September 1, 1887.
Sir: On the 7th of August the master of the United States revenue cutter Rush, seized in Behring Sea, 60 miles from any land, the Canadian schooner Alfred Adams. Her register, clearance, guns, and ammunition, and the seal-skins she had taken, 1,386, were all taken from her and the vessel herself ordered to Sitka. No one from the revenue-cutter was put on board by Captain Shepard, and the master of the Alfred Adams, instead of going as he was ordered to Sitka, returned to Victoria, arriving here August 31. I forwarded the master’s deposition before a notary public and what Captain Shepard is pleased to term a certificate of the schooners’ seizure by himself. Mr. Drake, a solicitor, is at Sitka waiting for the cases to be heard in court. The trial was delayed for the arrival of the Rush, and she was expected about the beginning of this month. Mr. Drake will no doubt report to the minister of justice.
I have, etc.,
I also inclose a sealed letter, addressed by Captain Shepard to the district attorney and United States marshal at Sitka, which the master of the Alfred Adams brought down with him, and which you can deal with in any way you think fit.
certificate of seizure of the alfred adams
Behring Sea, August 6, 1887.
To whom it may concern:
This will certify that I have this day seized the British schooner Alfred Adams, of Victoria, B. C., Capt. W. H. Dyer, master, for violation of law, and have taken charge of his ship’s papers, viz, register, shipping articles, clearance, bill of health, and log-book; also her arms and seal-skins.
Very respectfully,
Captain, United States Revenue Marine.
In the matter of the seizure of the sealing schooner “Alfred Adams,” by the United States revenue-cutter Richard Rush.
I, William Henry Dyer, of Victoria, B. C., master mariner, do solemnly and sincerely declare that—
(1) I am the master of the schooner Alfred Adams, of the port of Victoria, British Columbia, engaged in the business of catching seals. On the 6th of August, 1887, while on board the said schooner and in command of the same, being in latitude 54° 48′ north, and longitude 167° 49′ west, the United States revenne-cutter Richard Rush steamed alongside, lowered a boat commanded by the first lieutenant and boat’s crew. The said lieutenant came on board the said Alfred Adams and ordered me to take the ship’s register, log-book, articles, and all others of the ship’s papers on board the Richard Rush. In obedience to his command, I took all said papers and accompanied the said lieutenant on board the Rush. When I arrived on board the Rush the captain of the Rush asked me what was my business in the Behring Sea. I replied, taking seals. He inquired how many skins I had; I replied, 1,386. He then said he would seize the ship, take the skins, arms, ammunition and spears. I stated I did not think the ship was liable to seizure, as we had never taken a seal within 60 miles of Oonalaska nor nearer St. Paul’s tban 60 miles soutb of it, and that we had never been notified that the waters were prohibited unless landing and taking them from the island of St. Paul. He stated he must obey the orders of his Government, and that our Government and his must settle the matter, and ordered me to proceed on board the said schoonerand deliver up my arms, ammunition, and skins, and spears. He sent two boats belonging to the Rush, in charge of the first and second lieutenants of the Rush, respectively, and manned with sailors from the Rush, who came on board the said schooner. (I returned in company with the first lieutenant.)
They took from the said schooner 1,386 skins, 4 kegs powder (3 triple F and 1 blasting powder), 500 shells, 3 cases caps and primers, 9 breech-loading double-barreled shot-guns, 1 Winchester rifle, all in good order, and 12 Indian spears, and he then gave me a sealed letter addressed to the United States marshal and United States district attorney at Sitka. He also gave me an acknowledgment of the goods taken, and also gave me a certificate that the said schooner was under seizure, and after being alongside for about three and a half hours I received orders in writing to proceed to Sitka and report to the United States district attorney and marshal. We then parted company. My crew consisted of myself, mate, two seamen, one Chinese cook, and twenty-one Indians. Previous to the said seizure we had spoken the schooner Kate, of Victoria, and had been informed by the mate of that vessel that the crews (and particularly the Indians) taken to Sitka on schooners previously seized had been very badly treated. The Indians became very mutinous on learning that we were to proceed to Sitka and report to the United States authorities and declared they would not go to Sitka, and to avoid trouble I came to Victoria instead of going to Sitka. I arrived in Victoria on the 31st of August, 1887, at about 7 p.m.
And I make this solemn declaration conscientiously, believing the same to be true, and by virtue of the oaths ordinance, 1869.
Declared before me this 1st day of September, A. D. 1887, at Victoria, British Columbia.
A Notary Public in and for the Province of British Columbia.
Messrs. Drake, Jackson, and Helmcken to Mr. Thompson.
Sir: We have the honor to inform you that we are in receipt of letter from our Mr. Drake, written from Sitka, under date August 25, in which he states that a telegram was received at Sitka, relative to the schooners seized last year, from the United States Attorney-General Garland directing their release and discharge of the men. The judge gave an order accordingly, which was afterwards rescinded on the assumption that the telegram was a forgery. No official letter of any sort, either confirming the telegram or respecting the affair, has been received at Sitka. The schooners now seized and at Sitka are the Anna Beck, W. P. Sayward, Dolphin, and Grace. The Alfred Adams ws also seized. The trial of the present men, Mr. Drake states, would not take place until after the arrival of the revenue-cutter Rush; also that, judging from [Page 1803] the past and the views held by the court, the result would most probably be the same, and urges that immediate steps should be taken to prevent the imprisonment of the masters, and that he would obtain declarations from the masters duly certified, and enter a protest at the trial. The Rush was not expected at Sitka until yesterday.
Regarding the seizure of the Alfred Adams, we have to state that that schooner has arrived here safely. The declarations of her captain (Captain Dyer) and his men have been duly taken, which her owners, Messrs. Guttman and Frank, of this city, yesterday handed to Hon. Mr. Stanley, collector of customs, together with a sealed letter, which the commander of the Rush handed to Captain Dyer to be delivered to the district attorney at Sitka. These papers, no doubt, Mr. Stanley has already forwarded to the proper department.
We have since forwarded a copy of this information to the -Right Honorable Sir John A. Macdonald, K. C. B., etc.
We have, etc.,
Mr. Burbidge to Mr. Hardie.
Ottawa, September 12, 1887.
Sir: I have the honor to inclose for your information a copy of a letter which has been received by the minister of justice from Messrs. Drake, Jackson & Helmcken, in which they report with reference to the sealing vessels which have been seized in the Behring Sea by the United States authorities.
I am to state that the minister of justice has taken no action with respect to this communication, but that he is of the opinion that the minister of marine and fisheries should at his earliest convenience take steps to communicate the substance thereof to the colonial office and to the British minister at Washington.
I have, etc.,