Sir Julian
Pauncefote to Mr. Gresham.
British
Embassy,
Washington, May 11,
1895.
Sir: In an informal note dated December 15,
1894, you were good enough to transmit to me, for my information, a copy
of “Regulations approved by the Secretary of the Treasury for the
government of vessels that may be employed in fur sealing in the season
1895.” As it was desirable that regulations on that subject by our
respective Governments should be substantially in accord, it was
arranged that I should discuss the matter personally with the Secretary
of the Treasury,
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as I had
previously done with respect to the regulations for the season 1894. The
result of my discussion with Mr. Secretary Carlisle was that on the 17th
of January last I received from him a modified draft of regulations
which he proposed to recommend to the President, and which I promised to
transmit to my Government for their concurrence.
For convenience of reference I have the honor to inclose a copy of that
draft. I submitted it at the time to Her Majesty’s Government who have
most carefully considered it with reference, more particularly, to the
proposed renewal and extension of the arrangement of last year for the
voluntary sealing up of arms, etc., under articles 4, 5, and 6.
As regards articles 1, 2, and 3, which relate to the special license, the
distinguishing flag, and the fitness of the men to be employed in the
fishery, sufficient provision has already been made on the side of Great
Britain (in pursuance of articles 4 and 7 of the award regulations) by
“the Behring Sea order in council 1895,” of which I had the honor to
communicate a copy to you in my note of the 6th of March last. As
regards the renewal and extension, under articles 4, 5, and 6 of the
draft regulations, of the provisions of last year for the voluntary
sealing up of arms, etc., I have now received the observations of my
Government thereon, and I am instructed to inform you that, in their
opinion, the arrangement in question has not in practice been worked for
the protection of British sealers from interference, as Her Majesty’s
Government had hoped would have been the case. This is proved by the
seizure of the British sealing vessels Wanderer
and Favourite.
The possession of arms, etc., by a sealing vessel within the area of the
award during the close season is not, as you are aware, forbidden by the
award regulations, and for the above reasons Her Majesty’s Government
are not prepared to renew the arrangement. No necessity, therefore,
arises, for any further concurrent regulations such as are proposed by
Mr. Secretary Carlisle.
It appears from the cases of the Wanderer and of
the favourite, the particulars of which were laid
before Congress (see Ex. Doc. No. 67, pp. 341, 386 [383]), that the
United States naval officers who effected the seizures were under the
erroneous impression that they were empowered to apply the legislation
of the United States to those vessels. Thus, in the case of the Wanderer, Commander Goodrich writes: “My action
is based on section 10 of the act of Congress of April 6,” and in the
case of the Favourite, Commander Clark attempts
to justify the seizure under the same section of the act of
Congress.
It is hardly necessary to point out that United States naval officers
have no authority to seize British sealing vessels except under the
British order in council of 1894 (No. 1) for offenses against the
British act of Parliament (the Bering Sea award act, 1894), which
embodies the Paris award regulations.
It is hoped that instructions in the above sense will be issued to the
United States naval officers employed in the duty of enforcing those
regulations.
I have, etc.,
[Inclosure.]
Draft of proposed regulations for the government
of vessels employed in fur-seal fishing.
Article I.
Every vessel employed in far-seal fishing shall have, in addition to
the papers now required by law, a special license for fur-seal
fishing.
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Article II.
Before the issuance of the special license required by the fourth
article of the award, the master of any sailing vessel proposing to
engage in the fur-seal fishery shall produce satisfactory evidence
to the officer to whom application is made that the hunters employed
by him are competent to use with sufficient skill the weapons by
means of which the fishing may be carried on.
Article III.
Every sailing vessel provided with special license shall show under
her national ensign a flag not less than 4 feet square, composed of
two 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 that part to the right
and below to be yellow.
Article IV.
In order to protect from unnecessary interference sealing vessels
within the area of the award during the close season (that is to
say, between April 30 and August 1), but which have not violated the
law, any sealing vessel lawfully traversing or intending to traverse
the area of the award during the close season on her way to her home
port, or to or from the sealing grounds, or for any other legitimate
purpose, may, on the application of the master, have her sealing
outfit secured under seal and an entry thereof made on her clearance
or log book, and such sealing up and entry shall be a protection to
the vessel against interference or detention during the close season
by any cruiser, so long as the seals so affixed shall remain
unbroken, unless there be evidence of any violation of the fishery
articles of the award notwithstanding.
Article V.
Such sealing up or entry may be effected in port or at sea by any
naval, consular, or customs officer of the nation to which the
vessel belongs.
It may also be effected in the case of British sealing vessels at the
island of Attou by any naval or customs officer of the United States
in the absence of any British naval or consular officer.
It may also be effected at sea as regards British vessels by the
commander of a United States cruiser, and as regards United States
vessels by the commander of a British cruiser.
If the master shall so desire, the officer effecting the sealing up
and entry shall deliver to him a certificate of the number of seals
and seal skins on board at that date, keeping a copy of the
same.
Article VI.
And whereas, by the sixth fishery article of the award, the use of
nets, firearms and explosives is forbidden in the fur-seal fishery,
but that restriction does not apply to shotguns when such fishing
takes place outside of Bering Sea during the season when it may
lawfully be carried on. Any sealing vessel having shotguns and
ammunition on board may, before entering Bering Sea, on the
application of the master, have the same secured under seal, and an
entry thereof made on her clearance or log book; and such sealing up
and entry may be effected in the same manner, and shall afford the
same protection against interference or detention in Bering Sea
during the season when the fishery may lawfully be carried on there
as the securing of sealing outfits under the last preceding
regulation.
Article VII.
Any vessel of the United States may obtain a special license for
fur-seal fishing upon application to the chief officer of the
customs in any port of the United States or to the United States
consular officer of any port in Japan, and complying with the
requirements of these regulations.
Article VIII.
The foregoing regulations are intended to apply only to the season of
1895.
