Office of the Historian

Sir Julian Pauncefote to Mr. Gresham.

British Embassy,
Washington, March 6, 1895.

Sir: I am instructed by Her Majesty’s principal secretary of state for foreign affairs to transmit to you a copy of an order of Her Majesty [Page 591] in council, dated the 2d February, entitled “The Bering Sea award order in council, 1895.”

I would observe that “the Bering Sea order in council, 1894,” of which a copy was inclosed in my note of 11th July last, was of a temporary character to regulate the fur-seal fishery for that year, whereas the present order in council will remain in force until modified or repealed by a further order. It is substantially similar to the previous order, though a slight amendment has been introduced in the form of license, it being provided by Article I of the new order that the license may be issued not only by the Secretary of State, but by any person duly authorized by him for that purpose.

I have the honor to inform you that—

(1)
The collector of customs at Victoria, British Columbia, and Her Majesty’s consular officers in Japan are the persons duly authorized under the order to grant and revoke licenses.
(2)
That in view of the fact that many sealing vessels will no doubt have already taken out licenses for the ensuing season, as provided by the order of 1894, before the new order can be brought into operation. Her Majesty’s Government have decided to recognize the licenses thus taken out as valid during the present year and as entitling the holders to engage in the seal fishery under the prescribed conditions.

I have, etc.,

Julian Pauncefote.
[Inclosure.]

order in council.

Osborne House,
Isle of Wight, February 2, 1895.

The Bering Sea award orders in council, 1894 and 1895.

At the court at Osborne House, Isle of Wight, the 2nd day of February, 1895.

Present, the Queen’s Most Excellent Majesty, Lord President, Marquess of Ripon, Lord Chamberlain, Lord Kensington, Mr. Cecil Rhodes.

Whereas by “the Bering Sea award act, 1894,” it is enacted that Her Majesty the Queen in council may make orders for carrying into effect the provisions of the Bering Sea arbitration award set out in the first schedule to that act, and therein referred to as the scheduled provisions;

And whereas arrangements have been made between Her Majesty and the Government of the United States for giving effect to articles 4 and 7 of the said scheduled provisions, and it is expedient that effect should be given to those arrangements by an order in council under the said act;

Now, therefore, Her Majesty, in virtue of the powers vested in her by the said recited act, and of all other powers enabling her in that behalf, is hereby pleased, by and with the advice of her privy council, to order, and it is hereby ordered, as follows:

1.
On the application of the owner or master of any British sailing vessel intended to be employed in fur-seal fishing under the provisions of the recited act, a secretary of state, or any person duly authorized by him for the purpose, may, if satisfactory evidence as required by the said article 7 has been given by such owner or master of the fitness of the men to be employed by him on the said vessel in the said fishing, grant a special license in the form in the schedule hereto, authorizing that vessel (for the year mentioned in the license) to fish for fur seals during the period in the manner and in the waters in which fur-seal fishing is allowed by the recited act; and the said special license when so granted shall be carried on board the said vessel at all times while so employed.
2.
Every British sailing vessel provided with a special license under this order shall show, under her national colours, a flag not less than four feet square, of two equal triangular pieces, yellow and black, joined from the right-hand upper corner of the fly to the left-hand lower corner of the luff, the part above and to the left to be black, and the part to the right and below to be yellow.
3.
If in the case of any vessel there is any contravention of these regulations, a secretary of state, or any person duly authorized by him for the purpose, whether [Page 592] any penalty has been recovered under the recited act or not, may revoke the special license, whether the same was granted by a secretary of state or by such person.
4.
This order may be cited as “The Bering Sea award order in council, 1895,” and “The Bering Sea award order in council, 1894,” and this order may together be cited as “The Bering Sea award orders in council, 1894 and 1895.”

And the right honourable the Earl of Kimberley, K. G., and the most honourable the Marquis of Ripon, K. G., two of Her Majesty’s principal secretaries of state, and the lords of the admiralty, are to give the necessary directions herein as to them respectively appertain.

schedule.

[Form of special license. “The Bering Sea award act, 1894.” “The Bering Sea award order in council, 1895.”]

Special license.

Whereas the British sailing vessel (name of vessel) is intended to be employed in fishing for fur seals under the provisions of “The Bering Sea award act, 1894;”

And whereas satisfactory evidence of the fitness of the men who are to be employed on board the said vessel in the said fishing has been given by A. B., the owner [or A. B. and others, owners, or C. D., the master], of the said vessel;

[And whereas I (name and description) have been duly authorized by a secretary of state to grant special licenses under the provisions of the above-mentioned act and order in council;]

Now, therefore, in pursuance of the above-mentioned act and order in council, I hereby authorize the said vessel for the year (eighteen hundred and ninety-five, or as the case may be) to be employed in fur-seal fishing during the period of time in the manner and in the waters in which fur-seal fishing is allowed by the above-mentioned act.

This special license is subject to revocation in case of any contravention of the above-mentioned act or order in council.

Given under my hand this —— day of ——, 189—.

(
Signed
.) —— ——