Mr. Wharton to Sir Julian Pauncefote.
Washington, May 21, 1892.
Sir: In the note which I addressed to you on the 12th instant, in referring to vessels with sealing outfit which might be seized by American vessels in Behring Sea and handed over at Unalaska to a British naval officer, it was not intended to convey the impression that the [Page 641] Government of the United States would approve of the release of such seized vessels by the British naval officer, although under the orders which your note of the 11th instant indicated such officer would receive lie would seem to have the right to do so.
I understand that, in accordance with the terms of the modus convention of the 18th ultimo, both Governments have prohibited seal-killing in Behring Sea; that the laws enacted to enforce said prohibition make the presence of a vessel in that sea with a sealing outfit a prima facie offense; and that under article iii of the convention, when seized, it is the duty of the respective naval officers to hand the vessel over to the authorities which “shall have jurisdiction to try the offense and impose the penalties for the same.” Under the circumstances attending the renewal of last year’s modus, with the full assurance received by the sealers before they put to sea that it would be continued in force, it can hardly be claimed that any of them found this season in Behring Sea are entitled to a further warning. I submit that the only proper course for the naval officers to pursue is, when a vessel has been seized, to deliver her over, in accordance with the terms of the convention, to the judicial authorities for a legal determination of the facts of the case.
It may not be inopportune to recall the fact that, so far as I am advised, the only seizures made last season in the Behring Sea were by the American naval officers, and that the two British vessels seized and turned over to the British naval officers (one of which having been cleared by the British customs authorities after the publication of the modus) were released at Victoria without any judicial investigation. In view of the fact that both Governments have united in the earnest effort to prevent this season the unprecedented slaughter of the seals in Behring Sea which occurred last year, all sealing vessels found in those waters should be taken therefrom by force and delivered over to the judicial authorities. In no other way can the prohibition decreed by the two nations be made effective.
I have, etc.,
Acting Secretary.