No. 68.
Mr. Stevens to Mr. Rives.
Consulate of the United States of America,
Victoria, British Columbia,
December 31, 1888.
(Received January 12,
1889.)
No. 388.]Sir: Information casually received this morning
leads me to believe that this dispatch, with inclosures, may prove of
interest.
I am the more induced to make the report inasmuch as my No. 374, of
October 8 last, upon the same subject, the seizure off Copper Island on
July 1 last of the British sealing schooner Araunah gives but a brief account thereof, obtained from the
owners of the Araunah, and from the public press,
before the arrival here of the master of the vessel, and was
consequently ambiguous in some minor particulars.
I am now enabled to give a more circumstantial account of the seizure, as
Captain Sieward, late master of the Araunah, has
recently given
[Page 1820]
me full
particulars of the seizure of the vessel and his subsequent proceedings,
and has left with me for perusal all papers in his possession concerning
the case, being letters—one from the Marquis of Salisbury—copies of
telegrams, diagram showing the position of the Araunah with reference to Copper Island, at the moment of
seizure, copy of treaty of March 30, 1867, between the United States and
Russia, and copy of the captain’s statement to Her Britannic Majesty’s
ambassador at St. Petersburg, signed by the captain and part of crew,
and sworn to before Her British Majesty’s consul at Nagasaki; of which I
send only copies of those most pertinent, especially the last-named
paper.
Captain Sieward informs me that the agents of the British Government
provided fully for the expenses—save those paid by the Russian
Government at Petropolovski—and transportation of himself and the crew
of the seized vessel to this point, except a very small personal
outlay.
I am, etc.,
[Inclosure 1 in No.
388.—Extract.]
Sir R. B. D.
Morier to Messrs. Hall and
Goepel.
St.
Petersburg, November 30,
1888.
Gentlemen: Having received the final
communication which you had announced from the master of the Araunah, I have submitted the whole case to a
careful examination with a view of laying it before the Russian
Government.
* * * * * * *
Much is made by Mr. Sieward of the statement of Groburtzky that he
would have seized the Araunah had she been
fitted out with apparatus for seal-catching anywhere within 100
miles south of Commander Islands. Had he assigned this as his true
motive for capturing the ship the case would be a very grave one,
but as he has given his motives for capturing the ship in a written
declaration, we are bound to go by that, and are not at liberty to
go outside this declaration and supersede a document signed and
sealed by anything he may have said viva
voce.
It appears to me that it is of extreme importance to note the exact
words of this certificate, which does not state that he confiscated
the schooner for being within customs limit,
but for seal-hunting* within the customs limit of Meday
(Medway) Island.
* * * * * * *
The conversation between Sieward and Captain Gronberg, of which an
affidavit is given in Mr. Sieward’s letter of October 18, throws no
light upon the subject, because all that Captain Gronberg vouchsafes
to say is that the schooner was “about east by south and a half
south distant 3 miles from the southeast point of the island,” which
might leave her just inside or just outside the limit. It is
therefore perfectly clear that the ground they will take up will be
that the canoes and not the schooner were within the limits.
* * * * * * *
I am, etc.,
[Inclosure 2 in No.
388.]
Captain Sieward
to Mr. Behring, Her British
Majesty’s Chargé d’ Affaires, St. Petersburg.
Dear Sir: Regarding the seizure of the
British sealing schooner Araunah, of
Victoria, British Columbia, by M. Groburtzky, on the Russian
merchantman Alexander II, for alleged
violation of the fishing and hunting laws of the Imperial Russian
Government, of which I informed you in my dispatch of August 9,
1888, from Vladivostock, I now respectfully submit the following
facts: On July 1, 1888, at 6.30 a.m., during a heavy fog and calm, I
calculated the schooner’s position to be 16 miles south by west
[Page 1821]
of the southern extreme
of Copper or Med way Island. Judging myself in the open waters of
the North Pacific Ocean, I ordered the canoes out for hunting. At
about 7.30 a.m. the fog lifted, when the schooner was found to be
east by south about 6 to 8 miles distant from the southern extreme
of island, with the canoes out to the south and west of schooner.
When in this position a steamer was sighted, which bore at once down
upon us, proving to be the Alaska Commercial Company’s steamer Alexander II, flying at peak the Russian
merchant ensign and at maintop a green flag with white cross. When
near, the schooner was hailed, and I, the master, was asked to come
aboard steamer, which I did; when on steamer’s deck I was informed
by Mr. Groburtzky that he would confiscate the schooner for being
within the limit. This I denied, but was answered that the boundary
ran from Cape Lapatka to the Island of Atton, and that I could
protest against the seizure to the authorities at Vladivostock,
where the case would be forwarded. As the officer produced no
documentary evidence of his authority, I asked upon what authority
the seizure was made, in answer to which the officer pointed to the
flag at maintop saying, “There is my authority.” The officers and
crew of schooner were then made prisoners and transferred aboard
steamer Alexander. The schooner was towed to
the settlement Glinka, on Copper Island, where the skins, 133, were
landed at company’s warehouse. Here I had to deliver the schooner’s
papers to officer Groburtzky. Before doing so, I demanded a paper
stating the reason of confiscation, which I forward herewith, and a
copy of which I was asked to sign after it having been translated to
me by Mr. J. Mallewansky. It read in substance that this day the
schooner Araunah had been confiscated for
hunting within the limits of the Russian possessions. I here
notitled Mr. Groburtzky, in presence of Mr. J. Mallewansky, of my
protest against this seizure, which protest I would make before
nearest representative of Her British Majesty’s Government, and in
accordance with advice in your T. G. of August 15, 1888, have to
admiral and governor of Valdivostock, the certified copy of which
send herewith. The schooner was then brought to Petropolovsky by a
crew of steamer Alemnder, where upon arrival
of schooner the salt stores, provisions, and also part of personal
property of ere w, were sold by Mr. Groburtzky without the
confiscation having been declared legal by any authority than his
own. I must add that we had no intention whatever to violate the
laws of the Imperial Royal Government, but intended to follow the
hunting in the open waters of the North Pacific Ocean, neither had
we any means to do otherwise, as the hunting outfit of schooner
consisted of six Indian canoes manned by two Vancouver Indians each,
had no fire-arms aboard, save three old muzzle-loading shotguns,
being the property of some of the Indians, also one shotgun and one
rifle, being the personal property of some of the members of the
crew.
From the foregoing it will be seen that the schooner was set by an
unknown current, not marked upon chart, during the fog to the north
and east of her course, and the canoes having left the schooner
during the fog, when there was no land in sight nor any visible sign
to prove the calculated position erroneous, will explain the
position of canoes at time of seizure; also that the schooner was
not less than the estimated 6 miles from land is clearly proven by
the Alexander steaming two hours and forty
minutes at a rate of 6 knots per hour (see steamer engineer’s log)
from point of seizure to Glinka, which is 7 miles from south point
of island. This can be demonstrated on chart or diagram herewith,
showing that it was impossible for schooner to have been, as
alleged, within 3-mile limit or gunshot limit. As to the 133 seal
skins found aboard, I refer to schooner’s fishing log, now in the
hands of Imperial Russian Government. I also beg to call attention
to the fact that the steamer Alexander II is
owned by the Alaska Commercial Company, who are also the lessees of
Copper and Behring Islands.
As to the reliability of the statement of Mr. Groburtzky as to the
true position of schooner at time of seizure I will say that Mr.
Groburtzky is no mariner, and consequently no competent judge to
personally determine the exact position of schooner. Furthermore, I
learned while prisoner aboard of Alexander
that neither the first nor second officer of steamer had been called
upon by Captain Greenburg, of steamer, to witness or verify the
bearing and distance of schooner, so that the judgment of the
schooner’s actual position at time of seizure is but the guess-work
of the captain, Greenburg, of steamer Alexander
II, and of him alone, as a consultation on this serious
point with his officers might have resulted in proving the schooner
beyond the limits. In submitting the above facts to your careful
consideration I beg that you will use every means in your power to
effect a restitution of the unjustly and illegally confiscated
property and payment of damages incurred thereby.
The above sworn to before Her Britannic Majesty’s consul at Nagasaki
by myself; H. P. Bonde, mate; W. Standish, steward; G. Braum; P.
Doering; the 27th day of August, 1888, and forwarded together with
all documents by consul, Mr. Ensby, to St. Petersburg.
Very, etc.,
[Page 1822]
[Inclosure 3 in No.
388.]
Copies of telegrams.
Vladivostock, August 9, 1888.
[Captain Sieward to the British embassy at St.
Petersburg.]
Sealing schooner Araunah, of Victoria, was set
during heavy fog and calm by current within 6 miles of southern
extreme of Copper Island when seized by Russian Merchantman
Alexander. Left here with crew, among them twelve Vancouver Indians,
unprovided. Please advise.
Sieward, Master.
[From British embassy, St. Petersburg, August 13, 1888,
to Sieward, Vladivostock.]
Your telegram received. Steps will be taken with least delay
possible.
[From Sieward to British embassy, August 15, 1888.]
Will forward protest, sworn to before consul at Nagasaki. Also, all
documents pertaining to seizure. Please advise, if necessary to
protest here; also, if other steps required here. Owners names Hall
& Gœpel, Victoria.
[Reply, August 17, 1888.]
Your case has been brought to the notice of Russian Government, who
have telegraphed to inquire into it. You might protest locally.
Forward all documents here.
Dehring,
British Chargé d’ Affaires.
