Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 7, 1896, and the Annual Report of the Secretary of State

Sir Julian Pauncefote to Mr. Olney.

British Embassy,
Washington, March 19, 1896.

Sir: Her Majesty’s Government have had under their consideration reports from British officials respecting the sealing season of 1895, in which complaint is made of the proceedings of the United States revenue cruisers in searching and seizing British vessels without sufficient cause.

I am desired by Her Majesty’s principal secretary of state for foreign affairs to communicate to your Government the inclosed documents and to submit the following observations thereon. The documents consist of—

1. A letter from the collector of customs at Victoria of the 15th October last.

2. A declaration of Isaac A. Gould, master of the sealing schooner Katherine, detailing the methods of boarding and searching vessels and of the examination of seal skins.

3. A statement of the names of British vessels boarded by United States patrol vessels during the season of 1895 outside the 60-mile zone around the Pribilof Islands, with the latitude and longitude at the time of each visit.

4. Copy of a “clearance certificate” issued to the British sealing vessel E. B. Marvin by Lieutenant Carmine, United States acting customs officer at the Island of Attou.

It appears from those papers that out of twenty-nine vessels which had then returned from Bering Sea, no less than twenty-six had been boarded by United States officers, and these, in the aggregate, eighty-two times. The average was therefore more than three boardings for each vessel, and in one case, that of the Sapphire, the vessel was boarded six times in the course of twenty-four days. In nearly every instance the sealskins were overhauled and examined and left in confusion, and on each occasion they had to be repacked in salt by the crews. The net result of all this labor and annoyance was that the entries in the log book of the Beatrice were found to be a few days in arrears, and that a hole was discovered in one sealskin out of a cargo of 386 on board the E. B. Marvin, which, in the opinion of the United States naval officer, had the appearance of being a shot wound. Both these vessels were seized and were subsequently sent to Victoria for trial.

Admiral Stephenson and the officer commanding H. M. S. Pheasant have also commented on the frequency with which the vessels were visited, and on the manner in which the search was conducted. These two officers state, moreover, that the men who command the sealing schooners are most anxious to carry out all regulations to the letter.

Her Majesty’s Government have also been informed that the United States naval officers considered themselves authorized by their instructions to board indiscriminately all British sealers.

It will be observed from the foregoing summary that the complaints of the sealing vessels against the United States revenue cruisers belong to three different categories: (1) the seizure of vessels for alleged offenses on evidence obviously insufficient; (2) the exercise of the right of search in cases where no suspicion exists as to an offense having been committed; (3) vexatious and inquisitorial interference.

With regard to the question of seizure, it was pointed out in my note to Mr. Gresham of April 30, 1894, and it has since been notified to your Government on several occasions that the United States cruisers are only empowered by the British order in council to seize British vessels contravening the pro visions of the British act of Parliament, which contains no provision similar to section 10 of the United States act, and that the United States naval officers have therefore no power to seize British vessels merely on the ground that they have sealing apparatus or implements on board. The British act of Parliament only gives a power to seize when an offense has been committed, and the order in council authorizes the seizure and detention of any British vessel which has become liable to be forfeited. Even by the United States law no general power is conferred to board and search vessels without specific grounds of suspicion.

Accordingly, by direction of the Marquis of Salisbury, I had the honor in my note of the 14th of October last to inform you that British naval officers would in future decline to take over any British vessel seized by an American cruizer unless the declaration alleged a specific offense which is a contravention of the British act of Parliament.

There appears to have been some misconception on the part of the United States naval officers, who have attempted to apply United States law to British vessels, as is shown by the clearance certificate granted to the E. B. Marvin by Lieutenant Carmine, United States Navy, in which the proclamation of the President and the United States regulations are quoted.

A copy of this certificate is among the documents inclosed and I am directed to bring it to the notice of your Government, with the request that the United States naval officers may be informed that their powers, as far as British vessels are concerned, exist solely in virtue of the British act of Parliament, and the order in council issued under it, and are restricted within the limits of the provisions by which those powers are therein defined.

The exercise of the right of search is likewise subject to restrictions. The British act of Parliament contains no section enabling an officer to stop and examine any vessel such as existed in the seal-fishery acts of 1891 and 1893. The arbitration award required that the offenses specified in Articles I and II should be prohibited, but did not require any preventive action before the commission of the offense. If an officer has reasonable cause to suspect a vessel of having committed an offense, it is open to him to stop and examine her, but he is clearly not justified, in the absence of any specific ground for suspicion, in stopping and examining every vessel he meets as a purely precautionary or preventive measure.

In any case the vexatious and uncalled for interference reported during the past season gives just cause for complaint. Among the points agreed to by the Secretary of the Treasury, when I had the honor to discuss the subject with him by desire of Mr. Gresham, with reference to the instructions to the United States naval officers in May, 1894, were the following:

That the masters of the sealing vessels should be protected from inquisitorial examination; that no sealing vessel should be seized by reason of the absence of a license or of fishery implements being found on board; that the United States naval instructions as to the mode of dealing with sealing vessels should be similar to the British naval instructions; and that the naval officer who examines a sealing vessel shall leave a certificate with her master for protection against interference.

I would refer you also to the memorandum of arrangements agreed upon and recorded in my note to Mr. Gresham of May 10, 1894, and in his reply of the 11th.

These provisions, which had special reference to the arrangement for sealing up arms in 1894, show the spirit in which the instructions for carrying out the award were issued, and it is essential that an international agreement involving questions of so delicate a nature should be administered with mutual forbearance and moderation.

Her Majesty’s Government feel sure that it is not the intention nor desire of the United States Government that men engaged in a perfectly legitimate occupation, who, according to both British and American reports, are most anxious to observe strictly the regulations imposed for public reasons on that occupation, should be treated as if they were continually engaged in trying to evade and break the law, and subjected to unnecessary loss and trouble. The right of searching British vessels was conferred on United States officers on the assumption that they would exercise their powers with the same consideration as would in like circumstances be shown to such vessels by Her Majesty’s naval officers, and Her Majesty’s Government have no doubt that, when the matter is brought to the notice of your Government, they will issue such orders as will put an end to an interference with British vessels on the high seas, which has given rise to so many complaints, and which is not warranted by the provisions of British law.

I have, etc.,

Julian Pauncefote.

[Inclosure 1.]

The Collector of Customs at Victoria to the Canadian Minister of Marine and Fisheries.

Customs, Canada,
Victoria, British Columbia, October 15, 1895.

Sir: I have the honor to forward herewith, for your information, a statement giving the names of the sealing vessels, the latitude and longitude of each at the time the schooners were boarded in Bering Sea while engaged in seal fishing outside of the 60-mile zone around the Pribilof islands.

I beg to say that all the vessels have not yet returned, there being eight still out. All those that have arrived report having been boarded, with only three exceptions.

The boarding officers certified on the official log book the time of boarding, the position of the vessel, and also the number of seal skins then on board.

The examination of the sealskins and the opening out of them, shaking the salt from the skins, tossing and heaving them about the hold of the vessel, and leaving the skins on each occasion without salt, and at no time offering to repack the skins as they found them, seems to be the only cause of complaint of the majority of the masters and crews during their voyage to Bering Sea this year.

There were only two schooners seized in Bering Sea for alleged contravention of “the Bering Sea award act, 1894” viz:

Schooner Beatrice, of Vancouver, British Columbia, Louis Olsen, master, seized in latitude 55° 1ʹ north, longitude 168° 55ʹ west, by U. S. ship Rush, for not entering catch of seals in her official log book.

Schooner E. B. Marvin, of Victoria. British Columbia, seized in Bering Sea by the U. S. ship Rush in latitude 56° 25ʹ north, and longitude 172° 59ʹ west, for violation of article 6 of the regulations of the Paris award—that is, for having one skin which appears to have a shot hole in it. At the time of seizure the E. B. Marvin had on board 386 fur-seal skins.

These schooners that have returned have all obtained fair catches, but on the whole the entire catch for the season will be about 33,000 short of last year, owing chiefly to the small British Columbian coast catch and on the coast of Japan, caused chiefly by stormy weather.

Those vessels that were boarded in Bering Sea during the past season will not likely, I think, present any claims for detention, as none actually suffered loss.

All the skins on being landed were found to be in excellent condition, and the price paid here for each skin has been $10.50, but the greater proportion of seal skins has gone forward to London, to be sold at the next sale, that takes place about the 26th proximo.

I have, etc.,

A. R. Milne, Collector.

[Inclosure 2.]

Declaration of I. A. Gould.

By this public instrument of protest hereinafter contained, be it known and made manifest unto all people that on the 15th day of October, in the year of our Lord 1895, personally came and appeared before me, Harry Dallas Helmcken, notary public, duly authorized, admitted, and sworn, residing and practicing in the city of Victoria, Province of British Columbia, and Dominion of Canada, Isaac Archibald Gould, who did duly and solemnly declare and state for truth as follows, that is to say:

1. That I have been captain and registered managing owner of the schooner Katherine since the month of December, 1893.

2. That the said schooner left the port of Victoria on the 25th day of January, A. D. 1895, bound for the west coast, and remained sealing until the 30th day of April, A. D. 1895, when the said schooner returned to the said port.

3. That the said schooner, with a crew of 7 whites and 21 Indians, left for Ounalaska and Bering Sea on the 15th day of June, A. D. 1895, and remained sealing until the 13th day of September, 1895.

4. That the said schooner, when clearing from the port of Victoria, had no shotguns, nor rifles, nor shells, nor ammunition of any kind (except one bomb gun) on board, but had between thirty and forty spears, for the purpose of hunting seals.

5. That the said schooner reached Ounalaska on the 20th day of July, A. D. 1895, and immediately on arrival reported to the customs. While in port the said schooner was boarded by two of the American cutters lying at anchor, and I was cross-examined by their officers strictly as to the nature of the voyage and as to what arms the said schooner carried. They appeared to be satisfied with my replies.

6. That the said schooner left Unalaska on the 31st day of July, A. D. 1895, bound for the Bering Sea.

7. That on the 11th day of August, A. D. 1895, the said schooner was boarded by the U. S. revenue cutter Grant, and against my wish searched by her officers. The catch of skins, numbering 213, which had been carefully salted and put in the hold, were pulled out of the salt and left scattered in the hold. The officers volunteered to have the skins replaced as they were, but as I had no confidence in the man tendered, from my own previous knowledge of him, I was obliged to decline the offer, and in consequence I was compelled to have the said skins resalted and repacked.

8. That I have no fault to find with the personal behavior of the several officers of the Grant toward me.

9. That the said officers made the following entry in my official log book: “Latitude 54° 54ʹ N., longitude 167° 58ʹ W., August 11, 1895. Boarded this 11th day of August, 1895, by officer from United States revenue cutter Grant, and the skins on board found to correspond with entries in official log. D. F. Tozier, captain, U. S. R. C. S.; K. W. Perry, 2nd lieutenant, U. S. R. C. S., boarding officers.”

10. That the said schooner continued sealing until the 24th day of August, A. D. 1895, when the said schooner was boarded by the U. S. revenue cutter Rush.

11. That on this occasion the weather was rough, wind freshening, and indications of bad weather. I was sailing under short sail to hunt three of my canoes, About 5 p.m. I was spoken to heave to and allow them to board. I said I had lost three canoes, and wanted to find them and did not wish to be detained, as I wished to find the canoes. After I found two of the canoes, the boarding officer came aboard to search the vessel. I protested, as I had only found two of my canoes. I was feeling uneasy about the third, and I wanted to find the third canoe, as the weather looked threatening. The officer said he would not overhaul the skins, but would detain me to overhaul the log. He asked me why I did not heave to when spoken to, and I replied that I considered the men’s lives of more importance than his business was, and I wished to protest against the assumption that a sealing schooner must, when on the high seas, heave to when spoken to, and submit to being searched at the will of each and every officer who boards.

12. The said officer did not disturb the skins in salt on account of being called on board the said cutter Rush, but before leaving made the following entry in my official log: “Latitude 54° 47ʹ N., longitude 168° 27ʹ W., August 24, 1895. Boarded and found skins to agree with entries in log. J. G. Ballinger, 2nd lieutenant, boarding officer.”

13. That on the 27th day of August, A. D. 1895 Captain Folger, of the American sealing schooner Webster, visited me in latitude 54° 48ʹ north, longitude 168° 50ʹ west, and in the course of conversation told me that he was sealing near the prohibited zone of the Pribilof Islands. An American cutter came to him about noon and told him his boats were inside the line. He replied that he was just taking the sun, as he himself feared he was inside the line, and was flagging his boats to come on board. The cutter told him he had better get out, as his boats were inside. At the same time he (said Captain Folger) could see American schooner Willard Ainsworth some miles farther in than he was. She was also allowed to go without being seized.

And this appearer doth protest, and I, the said notary, do also protest, against the aforesaid boarding, searching, interference, and occurrences, and against all loss, damage, and expenses occasioned thereby.

And I, the said Isaac Archibald Gould, do solemnly and sincerely declare, that the foregoing statement is correct and contains a true account of the facts and circumstances.

And I make this solemn declaration conscientiously, believing it to be true, and knowing that it is of the same force and effect as if made under oath and by virtue of “the evidence act, 1894.”

I. A. Gould.

Taken and declared before me at Victoria, British Columbia, this 15th day of October, A. D. 1895.

H. Dallas Helmcken,
Notary Public in and for the Province of British Columbia.

[Inclosure 3.]

British vessels boarded in Bering Sea in 1895.

Vessel.	Tons.	Master.	Boarded by United States revenue cutter—	Date.	Latitude north.		Longitude west.		Position and catch certified by—
				1895.	°	ʹ	°	ʹ
Vera	60	W. Shields	Rush	Aug. 24	54	59	168	03	1st Lt. F. M. Dunwoody.
Do	60	do	Grant	Aug. 31	55	05	168	15	2d Lt. F. H. Dunock.
C. S. Cox	76	Charles Harris	do	Aug. 21	55	00	170	24	2d Lt. J. G. Berry.
Do	76	do	Perry	Aug. 28	55	21	170	08	2d Lt. E. V. Johnson.
Triumph	98	Clarence N. Cox	Rush	Aug. 5	55	05	167	05	3d Lt. F. S. VanBoskerck
Do	98	do	Grant	Aug. 9	54	51	167	20	2d Lt. J. G. Berry.
Do	98	do	Rush	Aug. 12	54	57	167	20	1st Lt. F. M. Dunwoody.
Do	98	do	Corwin	Aug. 19	55	32	168	13	1st Lt. D. F. A. de Otte.
Do	98	do	Grant	Sept. 3	55	05	169	25	2d Lt. K. W. Perry.
Katherine	81	Isaac Gould	do	Aug. 11	54	57	167	58	Do.
Do	81	do	Rush	Aug. 24	54	57	168	27	2d Lt. J. G. Ballinger.
Borealis	37	Eagar F. Roobins	Perry	Aug. 26	56	00	172	32	2d Lt. E. V. D. Johnson.
Minnie	46	Victor Jacobson	Grant	Aug. 11	54	54	167	57	2d Lt. J. G. Berry.
Agnes Macdonald	107	M. P. Cutler	Rush	Aug. 5	54	53	167	43	1st Lt. F. M. Dunwoody.
Do	107	do	Grant	Aug. 10	54	59	168	30	2d Lt. K. W. Perry.
Agnes Macdonald	107	M. P. Cutler	Grant	Aug. 14	55	23	168	27	2d Lt. K. W. Perry.
Do	107	do	Rush	Aug. 24	54	55	168	10	2d Lt. J. G. Bollinger.
Libbie	92	Fred Hackett	Grant	Aug. 22	55	59	173	11	2d Lt. J. G. Berry.
Do	92	do	Perry	Aug. 25	56	12	172	12	2d Lt. C. S. Craig.
Do	92	do	Rush	Sept. 2	56	11	172	47	2d Lt. J. G. Ballinger.
Mary Ellena	79	George R. Ferey	do	July 27
Do.a	79	do	Bear	Sept. 19
Maud S	97	Robert E. McKeil.	Rush	Aug. 19	55	03	169	49	1st Lt. F. M. Dunwoody.
Do	97	do	Grant	do	55	00	169	42	2d Lt. F. H. Dunock.
Annie E. Paint	78	Alfred Bissett	Rush.	Aug. 16	55	24	170	18	1st Lt. F. M. Dunwoody.
Do	78	do	Grant	Aug. 19	55	00	170	17	2d Lt. K. W. Perry.
Do	78	do	Perry	Aug. 26	56	03	172	35	2d Lt. C. S. Craig.
Do	78	do	Rush	Sept. 2	56	06	172	12	3d Lt F. S. VanBoskerck
Henrietta	30	W. D. McDougall	do	Aug. 3	55	31	166	18	Do.
Do	30	do	do	Aug. 21	54	27	167	14	2d Lt. J. G. Ballinger
Beatrice (of Vancouver, seized).b	49	L. Olsen	do	Aug. 14	55	10	168	55	Do.
Wanderer	25	Henry Paxton	Grant	Aug. 15	54	09	167	15	Capt. D. F. Tozier; 2d Lt. K. W. Perry.
Do	25	do	Rush	Aug. 24	54	55	168	20	2d Lt. J. G. Ballinger.
Do	25	do	do	Aug. 31	54	55	167	59	1st Lt. F. M. Dunwoody.
Do	25	do	do	Sept. 16	55	27	169	41	2d Lt. F. S. VanBoskerck
Dora Sieward	93	H. F. Sieward	do	Aug. 5	55	12	168	07	2d Lt. J. G. Ballinger.
Do	93	do	do	Aug. 23	55	20	168	02	1st Lt. F. M. Dunwoody.
Do	93	do	do	Sept. 1	55	28	170	26	Do.
Kate	58	Otto Buckholz	do	Aug. 22	54	43	167	19	Do.
Do	58	do	Grant	Sept. 2	55	73	169	53	2d Lt. J. G. Berry.
Aurora	41	Thomas Harold	Rush	Aug. 4	55	30	168	26	1st Lt. F. M. Dunwoody.
Do	41	do	Grant	Aug. 9	55	01	167	30	2d Lt. J. G. Berry.
Do	41	do	Rush	Aug. 23	54	49	167	35	3d Lt. F. S. VanBoskerck
Do	41	do	Grant	Sept. 3	55	13	169	03	2d Lt. J. G. Berry.
Florence M. Smith.	98	Luke McGrath	do	Aug. 11	54	40	167	26	Do.
Do	98	do	Corwin	Aug. 14	54	56	167	15	1st Lt. D. F. A. de Otte.
Do	98	do	Perry	Aug. 15	54	43	167	12	2d Lt. E. V. D. Johnson.
Annie C. Moore	113	Charles Hackett	Grant	Aug. 12	55	00	169	56	2d Lt. K. W. Perry.
Ainoko	75	George Heaton	do	Sept. 2	55	14	166	37	2d Lt. J. G. Berry.
Walter L. Rich	76	Sprott Balcan	Rush	Aug. 12	54	53	167	14	1st Lt. F. M. Dunwoody.
Do	76	do	do	Aug. 18	55	07	170	25	3d Lt. F. S. VanBoskerck
Do	76	do	Perry	Aug. 28	55	24	170	17	2d Lt. C. S. Craig.
Do	76	do	Grant	Aug. 31	55	11	168	08	2d Lt. J. G. Berry.
Do	76	do	do	Sept. 3	55	05	169	16	2d Lt. K. W. Perry.
Do	76	do	Bear	Sept. 20	55	12	167	30	2d Lt. G. M. Daniels.
Sapphire	109	William Cox	Grant	Aug. 9	54	52	167	33	2d Lt. J. G. Berry
Do	109	do	Perry	Aug. 11	54	30	167	06	1st Lt. F. M. Dunwoody
Do	109	do	Rush	Aug. 12	54	48	167	31	Do.
Do	109	do	do	Aug. 17	55	09	170	37	Do.
Do	109	do	Grant	Aug. 21	55	02	170	18	2d Lt. K. W. Perry.
Do	109	do	Rush	Sept. 2	56	46	172	55	1st Lt. F. M. Dunwoody
Labrador	25	John G. Searle	do	Aug. 22	54	47	167	11	Do.
Victoria	63	Reuben Balcan	do	Aug. 24	54	52	167	54	Do.
Do	63	do	do	Aug. 31	54	53	167	45	Do.
Do	63	do	Grant	Sept. 2	55	19	166	54	2d Lt. K. W. Perry.
Do	63	do	do	Aug. 10	55	06	168	16	Do.
Teresa	63	George Myers	do	Aug. 12	55	05	169	22	Do.
Do	63	do	Rush	Aug. 18	55	08	170	26	3d Lt. J. G. Ballinger.
Do	63	do	do	Aug. 24	54	47	168	27	Do.
Do	63	do	do	Aug. 31	54	57	168	20	1st Lt. F. M. Dunwoody.
Do	63	do	Grant	Sept. 2	55	23	167	06	2d Lt. K. W. Perry.
Penelope	69	Wm. Heater	do	Aug. 11	54	44	167	21	2d Lt. J. G. Berry.
Do	69	do	Rush	Aug. 12	54	02	167	06	1st Lt. F. M. Dunwoody.
Do	69	do	Corwin	Aug. 14	54	43	167	13	1st Lt. D. F. A. de Otte.
Do	69	do	Perry	Aug. 15	54	30	166	55	2d Lt. E. V. D. Johnson.
Do	69	do	Grant	Sept. 3	54	58	169	09	2d Lt. K. W. Perry.
E. B. Marvin(seized)	99	W. D. Byers	do	Aug. 21	55	02	170	27	2d Lt. J. G. Berry.
Do	99	do	Perry	Aug. 26	56	00	172	28	2d Lt. C. S. Craig.
Do	99	do	Rush	Sept. 2	56	18	172	47	3d Lt. F. S. VanBoskerck.
Favourite	80	L. McLean	do	Aug. 5	56	16	168	13	1st Lt. F. M. Dunwoody.
Do	80	do	Perry	Aug. 11	55	04	166	07	2d Lt. E. V. D. Johnson.
Beatrice (of Shanghai)	66	D. G. Macaulay	Grant	do	54	52	169	15	2d Lt. K. W. Perry.

a Unalaska Harbor.

b Eighty-three skins found on board in excess of catch in official log.

A. R. Milne, Collector.

Victoria, British Columbia, October 17, 1895.

[Inclosure 4.]

Clearance certificate.

William D. Byers, master of the schooner E. B. Marvin, of Victoria, British Columbia, having declared to the correctness of the accompanying manifest, and delivered a duplicate thereof, permission is hereby granted to the said schooner to proceed in Bering Sea for the purpose of hunting fur seals, according to printed instructions furnished the master, consisting of the President’s proclamation and regulations governing vessels employed in fur-seal fishing for 1895.

G. O. Carmine,
Second Lieutenant, United States Revenue-Cutter Service, Acting Customs Officer.

United States Cutter Service, District of Alaska,
Port of Attou, July 29, 1895.