No. 41.
Mr. Bayard to Sir L. S. Sackville
West.
Washington, May 28, 1888.
Sir: I have the honor to acknowledge your notes of the 30th ultimo and 25th instant, both relating to the appeals taken in the judicial [Page 1807] court in Alaska from decrees in cases of British vessels seized by the United States revenue officials in Behring Sea under charges of having violated the laws of the United States regulating the killing of fur-seals. I must excuse myself for the delay in making reply to your note of April 30, which was caused by my desire to obtain from you a verbal explanation of what appeared to me an inadvertent expression contained therein, from which it appeared that the “skippers” were held under arrest as well as the sealing vessels.
In my personal interview with you to-day it became mutually understood that there has been and is no such personal detention in any of the cases, but the proceedings have all been in rem against the vessels so employed and their outfits.
The suggestion of the Marquis of Salisbury that the time limited for the prosecution of the appeals (entered already or proposed to be entered) in the cases referred to should be extended in order to give an opportunity for a diplomatic settlement will meet with favorable consideration within the limits of the statutory provision in relation to the docketing and prosecution of appeals.
While it is not within the power of the Executive branch to alter or extend the statutory limitation in respect of the time of entering such appeals, yet so far as agreement of both parties may prevail in procuring postponements of the arguments and pleadings after the appeal has been duly taken, I apprehend that there will be every disposition on the part of the prosecution to give time for diplomatic arrangement.
Accept, sir, etc.,