The Marquis of Salisbury to Mr. Edwardes.

[Left at the Department of State by Mr. Edwardes.]

Sir: In my dispatch No. 176 of the 17th August last I furnished you with copies of a correspondence which had passed between this department and the colonial office on the subject of the seizure of the Canadian vessels Black Diamond and Triumph in the Behring’s Sea by the United States revenue cutter Rush.

I have now received and transmit herewith a copy of a dispatch from the governor-general of Canada to the secretary of state for the colonies, which incloses copies of the instructions given to the special officer placed on board the Black Diamond by the officer commanding the Rush, and of a letter from the collector of customs at Victoria, together with the sworn affidavits of the masters of the two Canadian vessels.

It is apparent from these affidavits that the vessels were seized at a distance from land far in excess of the limit of maritime jurisdiction which any nation can claim by international law.

The cases are similar in this respect to those of the ships Caroline, Onward, and Thornton, which were seized by a vessel of the United States outside territorial waters in the summer of 1387. In a dispatch to Sir L. West dated September 10, 1887, which was communicated to Mr. Bayard, I drew the attention of the Government of the United States to the illegality of these proceedings, and expressed a hope that due compensation would be awarded to the subjects of Her Majesty who had suffered from them. I have not, since that time, received from the Government of the United States any intimation of their intentions in this respect, or any explanation of the grounds upon which this interference with the British sealers had been authorized. Mr. Bayard did, indeed, communicate to us unofficially an assurance that no further seizures of this character should take place pending the discussion of the questions involved between the two Governments. Her Majesty’s Government much regret to find that this understanding has not been carried forward into the present year, and that instructions have been issued to cruisers of the United States to seize British vessels fishing for seals in Behring’s Sea outside the limit of territorial waters. The grounds upon which these violent measures have been taken have not been communicated to Her Majesty’s Government, and remain still unexplained.

But in view of the unexpected renewal of the seizures of which Her Majesty’s Government have previously complained, it is my duty to protest against them, and to state that, in the opinion of Her Majesty’s Government, they are wholly unjustified by international law.

I am, etc.,

Salisbury.
[Inclosure 1.]

Mr. Bramston to the undersecretary of state for foreign affairs.

Sir: With reference to previous correspondence respecting the seizures of Canadian sealers in Behring’s Sea, I am directed by Lord Knutsford to transmit to you for communication to the Marquis of Salisbury a copy of a dispatch from the governor-general of the Dominion with its inclosures on the subject.

I am, etc.,

John Bramston.
[Page 363]
[Inclosure 2.]

Lord Stanley of Preston to Lord Knutsford.

My Lord: With reference to previous correspondence respecting the seizure of the Black Diamond and the detention of the Triumph in Behring Sea, I have the honor to forward herewith a copy of an approved minute of the privy council submitting copies of the instructions given to the special officer placed on board the Black Diamond by the captain of the United States revenue cutter Rush, and of a letter from the collector of customs at Victoria, together with the affidavits of the masters of the two vessels.

I have, etc.,

Stanley of Preston.
[Inclosure 3.]

Certified copy of a report of a committee of the honorable the privy council, approved by his excellency the governor-general in council, on the 22d of August, 1889.

On a report dated the 13th of August, 1889, from the minister of marine and fisheries, submitting, in reference to the seizure in the Behring Sea of the schooner Black Diamond and the boarding of the schooner Triumph, the original instructions given to the special officer placed by the captain of the United States revenue cutter Rush on board the Black Diamond at the time of the latter’s seizure, and also a letter from the honorable Mr. W. Hamley, collector of customs at Victoria, British Columbia, together with the following affidavits:

1.
Affidavit of Owen Thomas, of Victoria, British Columbia, master of the British sealing schooner Black Diamond.
2.
Affidavit of Daniel McLean, of Victoria, British Columbia, master of the British sealing schooner Triumph.

The minister recommends that copies of the inclosures herewith be immediately forwarded for the information of Her Majesty’s Government.

The committee concurring advise that your excellency be moved to forward this minute, together with copies of the inclosures, to the right honorable the secretary of state for the colonies.

All of which is respectfully submitted.

John J. McGee,
Clerk Privy Council.
[Inclosure 4.]

Captain Shepard to Mr. Hankanson.

Sir: You are hereby appointed a special officer, and directed to proceed on board the schooner Black Diamond, of Victoria, British Columbia, this day seized for violation of law (Section 1956, Revised Statutes of the United States), and assume charge of the said vessel, her officers and crew, twenty-five in number, all told, excepting the navigation of the vessel, which is reserved to Capt. Owen Thomas, and which you will not interfere with unless you become convinced that he is proceeding to some other than your port of destination, in which event you are authorized to assume full charge of the vessel. Everything being in readiness, you will direct Capt. Owen Thomas to make the best of his way to Sitka, Alaska, and upon arrival at that port you will report in person to the United States district attorney for the district of Alaska, and deliver to him the letter so addressed, the schooner Black Diamond, of Victoria, British Columbia, her outfit, and the persons of Capt. Owen Thomas and Mate Alexander Gait, and set her crew at liberty. After being relieved of the property and persons entrusted to your care, you will await at Sitka the arrival of the Rush.

Very respectfully, etc.,

L. G. Shepard,
Captain U. S. Revenue Steamer Rush.
[Page 364]
[Inclosure 5.]

Mr. Hamley to the minister of customs.

Sir: I forward herewith, in original, the orders given by Captain Shepard, of the United States revenue cutter Rush, to J. Hankanson, special officer, to proceed on board the British schooner Black Diamond, seized in Behring Sea, and to take her to Sitka. The master of the schooner reports to me that the Indians employed as hunters in the schooner would, he believes, have murdered Hankanson if an attempt had been made to take her to Sitka. The master got out of the sea and sailed at once for Victoria without any of position on the part of Hankanson, and I think it is very probable that the orders given him privately by the captain of the Rush were not to interfere in any way with the destination of the vessel.

She arrived here on Saturday evening, the 3d of August. The object of the revenue cutter was no doubt attained in taking her skins, rifle, and Indian spears away and sending the vessel out of Behring Sea. Her certificate of registry was also taken away. Shall I give her a fresh certificate?

I have, etc.,

W. Hamlby.
[Inclosure 6.]

Declaration of Owen Thomas.

In the matter of the seizure of the sealing schooner Black Diamond by the United States revenue cutter Richard Rush on the 11th day of July, 1889.

I, Owen Thomas, of the city of Victoria, British Columbia, master mariner, do solemnly and sincerely declare that:

1.
I am a master mariner and was, at the time of the occurrences hereinafter mentioned and still am, the master of the schooner Black Diamond, of the port of Victoria, British Columbia.
2.
On the 11th day of July, 1889, whilst I was on board and in command of the said schooner, and she being then on a sealing expedition, and being in latitude 56° 22′ north, and longitude 170° 25′ west, and at a distance of about 35 miles from land, the United States revenue cutter Richard Rush overhauled the said schooner, and having hailed her by shouting a command which I could not distinctly hear, steamed across the bows of said schooner, compelling her to come to. A boat was then lowered from the said cutter and Lieutenant Tuttle and five other men from the United States vessel came aboard the said schooner. I asked the lieutenant what he wanted, and on his stating he wished to see the ship’s papers, I took him down to my cabin and showed them to him. He then commanded me to hand the papers over to him; this I refused to do and locked them up in my locker.

At this time there were 131 seal-skins aboard the schooner, 76 of which had been salted and 55 of which were unsalted, and Lieutenant Tuttle ordered his men to bring up the skins and to take the salted ones on board the Richard Rush. The cutter’s men accordingly transferred all of the salted skins from my schooner to the Richard Rush and also took aboard the cutter two sacks of salt and a rifle belonging to the schooner. Lieutenant Tuttle then again demanded me to give up the ship’s papers and told me that if I would not give them up he would take them by force. As I still declined to part with them he signaled to the cutter and a boat came off with the master-at-arms, who came on board the schooner. Lieutenant Tuttle asked me for the keys of the locker, so that he might get the papers, and upon my refusing to give them to him he ordered the master-at-arms to force open the locker. The master-at-arms then unscrewed the hinges of the locker, took out the ship’s papers, and handed them to Lieutenant Tuttle. Lieutenant Tuttle then returned to the Richard Rush and came back to the schooner again, bringing on board with him one whose name I have since heard to be John Hawkinson and who I believe to be a quartermaster of the Richard Rush. Lieutenant Tuttle then told me to take the schooner to Sitka. I told him that I would not go unless he put a crew on board to take the schooner there. He gave Hawkinson directions to take the ship to Sitka and gave him letters to give to the United States authorities on arrival.

Lieutenant Tuttle before leaving my schooner ordered twenty Indian spears which were aboard for sealing purposes to be taken on to the Richard Rush. I asked the lieutenant to give me a receipt for the papers, skins, etc., he had taken; this he refused to do, and he then returned to the Richard Rush, taking the said spears with him [Page 365] and leaving the man Hawkinson in charge of the schooner; shortly afterwards the cutter steamed away without returning the ship’s papers, seal skins, and other goods before mentioned.

After the departure of the United States vessel, I directed my course to Ounalaska, hoping to meet with an English man-of-war. We arrived there on the 15th of July. My crew at this time consisted of a mate, Alexander Gault, two white seamen, deck hands, and a white cook and twenty Indians. The Indians, thinking we were going to Sitka, became mutinous, and told me the best thing I could do to avoid trouble was to take the schooner home; they also warned the other white men on board that if they thought I meant to take the schooner to Sitka they would throw us all overboard.

There being no man-of-war at Ounalaska, I left there and directed my course to Victoria, and arrived at that port at about 7 p.m. on Saturday, the 3d of August last, having on board the said John Hawkinson, who during the cruise to Victoria had not tried to give me any directions or made any suggestions as to the course to be taken by the schooner. On arrival at Victoria, Hawkinson was put on shore by one of my boats.

And I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the oaths ordinance 1869.

Owen Thomas.

Declared at the city of Victoria, British Columbia, the 7th day of August, 1889, before me,

Ernest V. Bodwell,
A Notary Public for the Province of British Columbia.
[Inclosure 7.]

Affidavit of Daniel McLean.

I, Daniel McLean, of the city of Victoria, in the province of British Columbia, Dominion of Canada, being duly sworn, depose as follows:

That I am master and part owner of the British schooner Triumph, registered at the port of Victoria, British Columbia; that in conformity with the laws of the Dominion of Canada I regularly cleared the said schooner Triumph for a voyage to the North Pacific Ocean and Behring Sea, and that in pursuance of my legitimate business did enter the said Behring Sea on 4th day of July, 1889, and did in a peaceful manner proceed on my voyage, and being in latitude 56° 05′ north, longitude 171° 23′ west, on the 11th day of July, 1889, at the hour of 8.30 a.m., was hailed by commander of the United States revenue cutter Richard Rush, the said revenue cutter being a vessel belonging to the Government of the United States and regularly commissioned by the same; a boat having been lowered by officer and crew, I was boarded by the same.

The officer in charge of the boat being one Lieutenant Tuttle, who demanded the official papers of my vessel, and after reading the same proceeded to search my vessel for seals, and finding no evidence of the same, informed me that orders had been issued by the Secretary of the United States under the proclamation of the President, instructing the commanding officer of the said revenue cutter Rush to seize all vessels found sealing in Behring Sea; he also told me that should he again board me and find seal skins on board he would seize and confiscate the vessel and catch; he furthermore informed me that he had already seized the British schooner Black Diamond, of Victoria, British Columbia, and that she had been sent to Sitka, and that therefore, by reason of his threats and menaces, I was caused to forego my legitimate and peaceful voyage on the high seas and return to the port of my departure, causing serious pecuniary loss to myself, crew, and owners, for which a claim will be formulated and forwarded in due course. And I make this solemn affidavit, conscientiously believing the same to be true, and by virtue of the oaths ordinance 1869.

Daniel McLean,
Master of schooner Triumph.

G. Morison, J. P.,
A Justice of the Peace for the Province of British Columbia.