Mr. Wharton to Sir Julian Pauncefote .

Sir: I have the honor to transmit to you herewith copies of the instructions that have been issued by the Secretary of the Navy, in pursuance of the proclamation of the President of June 15, 1891, relative to the modus vivendi respecting the fur-seal fisheries in Behring Sea.

This Government would be pleased to receive in exchange copies of such instructions as may be issued by Her Britannic Majesty’s Government on the same subject.

I have, etc.,

William F. Wharton,
Acting Secretary.
[Inclosure.]

Mr. Tracy to Mr. Wharton .

Sir: I have the honor to transmit herewith a copy of the instructions which have been issued by the Navy Department, in pursuance of the proclamation of the President of June 15, 1891, containing a modus vivendi, with a view to their exchange, should it he deemed desirable, for a copy of such instructions as may be issued by the British Government on the same subject.

Very respectfully,

B. F. Tracy,
Secretary of the Navy.
[Inclosure A.—Telegram.]

Mr. Tracy to commanding officer of the Thetis .

Commanding Officer U. S. S. Thetis,
San Francisco, Cal.:

Proclamation of President closing Behring Sea has been telegraphed to collector of port of San Francisco. Make immediate application for copies as soon as received; proceed with Thetis to Sand Point, Popof Island; distribute the proclamation among the sealing vessels. Warn master of each vessel to whom you may deliver proclamation that name of vessel has been taken, and that vessel will be liable to capture if found to have been or to be sealing in Behring Sea east of line of demarcation after [Page 572] notice. Furnish all United States and British vessels of war and revenue cutters with lists of vessels warned. Remain in neighborhood of Sand Point until receipt of further instructions, which will be sent by Marion. Receive on board and transport to Sand Point, C. H. Bullard, deputy collector of customs, but do not delay sailing on his account.

Tracy.
[Inclosure B.—Telegram.]

Mr. Tracy to commanding officer of Mohican .

Commanding Officer U. S. S. Mohican,
San Francisco, Cal.:

Obtain immediately from collector of customs, San Francisco, printed copies of President’s proclamation in reference to Behring Sea. On receipt of such copies, proceed with all dispatch to the vicinity of the Pribyloff Islands, St. Paul and St. George. Notify all American and British persons and vessels you meet of the proclamation, and give them copies of the same. Warn all persons and vessels of either nationality engaged in sealing in Behring Sea east of the line of demarcation, as shown on hydrographic office chart No. 68, to leave those waters forthwith. Make entry of warning on register or log of sealer. Seize any American or British persons and vessels found to be or to have been engaged in sealing, after notice, within the prohibited waters, and bring or send them, in charge of a sufficient force to insure delivery, to nearest convenient port of their own country, together with witnesses and proofs, and there deliver them to proper officer of court in said port. Send at least the master of the seized vessel, her mate or boatswain, all her cargo, and such of her crew as you deem safe in the seized vessel. At the time of seizure draw up declaration in writing showing condition of seized vessel, place and date of seizure, giving latitude and longitude, and circumstances showing guilt. Sign declaration and send, with ship’s papers and seized vessel, to officer of court. Deliver to master of seized vessel signed and certified list of papers found on board. Officer in charge of seized vessel will, at time of delivering vessel’s papers to court, sign a certificate stating any changes that may have taken place in respect to vessel, crew, or cargo since seizure.

Keep a list of all vessels to which notice of proclamation has been given, and furnish all United States and British war or revenue vessels with copies of list. Before sailing, get order from Alaskan Commercial Company, San Francisco, to coal at Unalaska. After two weeks’ cruising in neighborhood of Pribyloff Islands, rendezvous at Sand Point, Popof Island, one of the Shamagin group, with Thetis and Alert, and await there further instructions by Marion.

Furnish copy of this order to commanding officer of Alert, and direct him to comply with it.

Tracy.
[Inclosure C.—Telegram.]

Mr. Tracy to commanding officer of Mohican .

[Confidential.]

Commander C. S. Cotton,
Commanding U. S. S. Mohican, San Francisco, Cal.:

Until further instructed, you are placed in command of all United States vessels of war cruising in the neighborhood of Behring Sea, and you will distribute the force in such manner as, in your judgment, will best enable you to comply with the orders of the Department and the requirements of the President’s proclamation. Instruct vessels under your command to send all seized persons and vessels to Unalaska, to which point chartered steamer will be sent from San Francisco with marine guard. Steamer will be at your disposal. Instructions have been sent to revenue cutters to turn over persons and vessels seized by them to you at Unalaska. Utilize the chartered steamer to the best advantage to assist in executing the proclamation and [Page 573] to hand over as soon as practicable all seized persons and vessels to authorities of nation to which they respectively belong. Orders directing Thetis, Alert, and Mohican to rendezvous at Sand Point revoked. Thetis will proceed to Sand Point, as directed, to distribute proclamation and give notice, and will proceed thence to Unalaska immediately after departure of British steamer which visits Sand Point about July 1 to bring home coast catch of seal. Mohican and Alert, after cruising two weeks, as previously directed, in Behring Sea, will rendezvous with Thetis at Unalaska, instead of Sand Point. Marion will sail later and join your command at Unalaska at about same time. Has Thetis already sailed? If so, you must communicate with her at Sand Point, where her orders of yesterday directed her to await your arrival. On receipt of this order, proceed immediately to Behring Sea with Thetis, Mohican, and Alert. Telegraph departure.

B. F. Tracy.