EXHIBIT II.

Decree of the Confiscation of the American Sailing Schooner James Hamilton Lewis off the Commander Islands by the Screw Ship Aleout, Petropaylosk, July 30 (Decree August 11), 1891. No. 383.

On the 21st of July (August 2), 1891, near the Isle of Medney, off the western coast of said isle and 3 miles north of its southern extremity, at 4.40 a.m., a schooner was sighted bearing, as it appeared, to northeast and approaching the island.

For the purpose of inspecting we advanced straight upon her, but, sighting us, she filled away, augmenting sails. While pursuing her we noticed that something was being hurriedly thrown overboard. At 6.15 we neared her and, hoisting our colors, fired a blank shot, on which the vessel hoisted the American flag and lay to. Two officers, sent to board her, returned reporting that she was a sailing vessel from San Francisco bearing the name James Hamilton Lewis, and that on board were guns, many cartridges, powder and shot, slender rods of bamboo with hooks and grappling irons for drawing seals from the water, 6 long boats and a crew of 16 men, a large quantity of salt, and evident signs of the operation of removing the skins from seals. In the official log book which was produced the last inscription was on the 7th (19th) of June. The journal of navigation bore no inscription.

Taking this data into consideration, an officer was sent, with 6 sailors, to inform the captain that his schooner was under detention, and to require him to report with a portion of his crew on board the schooner Aleout The captain refused to comply with this order, and sailed away. Leaving the ship’s boat to follow, the schooner Aleout pursued the vessel, and, in order to compel her to stop, fired a cannon ahead, in spite of which, and the verbal order to come to, the schooner did not lay to, but continued her course. The Aleout passed close under her stern and, repeating the verbal order to stop, fired a second shot into her forward rigging. The James Hamilton Lewis did not lay to, but continued her flight.

The Aleout increasing her speed barred the way, when the James Hamilton Lewis, fouling the starboard side of the Aleout, was seized and taken in tow. Captain MacLean with his entire crew was conducted on board the Aleout and was informed that his vessel was seized and would be taken to Nicolsk, on Bering Island. Being taken in tow, the James Hamilton Lewis was, upon inspection, found to contain a large quantity of seal skins, a bag net for catching sea otters, and two skins of small seals, which from their tender age, according to the opinion of an expert, the chief of the Commander Islands, could not have been killed elsewhere than upon the shore. The ship’s papers were taken, and the captain was informed that the vessel James Hamilton Lewis was confiscated for having engaged in illegal and unauthorized hunting in Russian waters.

(Signed)
  • Ensign Engmann.
  • Ensign Kolioubavine.
  • Ensign Trentovius.
  • Lieutenant Sachs.
  • Lieutenant Lebedew.
  • Captain of Frigate Brandt,
    Commanding Screw Ship Aleout.
  • Alexander MacLean.

I, the undersigned, do hereby protest, in behalf of the schooner James Hamilton Lewis and her owners against the illegal seizure of said vessel, her cargo, and hunting outfit and tackle, made by the Russiam man-of-mar Aleout, the 2d of August, 1891, upon the high seas and neutral waters of the ocean.

All seal skins on board of said schooner were killed upon the water with shotguns, and the pup skins were taken from the inside of the seals after they were taken on board of the vessel, and there had been no seals taken on board of the vessel for forty hours previous to the time of seizure. I hereby hold the Russian man-of-war Aleout and her Government responsible for the detention and losses caused by the illegal seizure of said schooner, with her tackling and cargo and hunting outfit.

Alexander MacLean,
Master of Schooner J. H. Lewis.