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14 PUBLIC RECORD OFFICE, LONDON
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Appendix to No. 90.
NOTE. This is the Foreign Office Letter of July 18, referred to in the foregoing
Opinion of the Attorney-General.
FOREIGN OFFICE to the ATTORNEY-GENERAL.
Foreign Office, July 18, 1895.
I HAVE the honour to transmit to you, by direction of the Marquess of Salisbury, the accompanying papers relative to the seizure of certain British sealing vessels in Behring Sea by Russian cruisers during the sealing season of 1892.
The previous Reports of the Law Officers of the Crown, dated the 23rd November 1892, and the 3rd November 1893, with the papers which were then referred to them, are annexed for convenience of reference in the packets marked A and B respectively.
With regard to the Report of the 3rd November 1893, I am to state that the Russian Government have furnished copies of the Protocols relating to the seizures of the "Vancouver Belle" and "Carmolite," copies of the sentences of confiscation, and extracts from the Reports of the Russian naval officers. These will be found in the inclosures in Sir F. Lascelles' despatch, No. 23, of the 26th January last (Paper E (2) ).
The views of the Russian Government with regard to the seizures are given in the Report of the Special Commission and in the note from M. Chichkine, inclosed in the late Sir R. Morier's despatch, No. 161, of the 12th June 1893 (Paper D), which has already been submitted to the Law Officers.
M. Chichkine informed Her Majesty's Ambassador that the Imperial Government would not refuse to proceed to an assessment of the indemnity to be paid to the owners of the schooners “ Ariel" and "Willie McGowan," but stated that the Commissioners recognized the legality of the seizures of the "Marie,”
""Rosie Olsen," and "Vancouver Belle."
Carmolite,"
The correspondence which has passed between this Department and the Colonial Office as to the amount at which the two former claims should be assessed is inclosed (Papers L, M, N), and a summary has been prepared showing the various estimates arrived at, and the arguments on which they are founded (Paper 0).
It will be seen that the principal questions for decision are:- 1. Whether any claim should be made for loss of catch. given by the Law Officers in March 1888, is quoted in the letter from the Colonial On this point the opinion Office of the 27th June 1895 (Paper N), and the remarks of Sir J. Pauncefote are also referred to (Paper I).
2. Whether, if such a demand be not made, the loss of interest on the capital invested may not be added.
3. For what period the prospective losses should be calculated. It will be observed that the owners of the "Ariel " claim for the loss of each successive season since 1892.
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4. Whether interest should be charged on the amounts claimed, and, if so, for what period.
The full claims received from the owners amount to 44,016 dollars for the and to 35,409 dollars for the "Willie McGowan," including estimates for the loss of the season next after the capture (1893).
Ariel,"
The latest forms of claim received from the Colonial Office are much reduced in amount. Interest at 7 per cent. from the dates of seizure to the date at which the Russian Government admitted their liability has, however, to be added to the alternative tables submitted.
Lord Salisbury requests that you will take the points mentioned above into your consideration, as well as the items claimed for the value of the schooners, their boats. guns, and other appurtenances, and favour him with your opinion as to what claims should be presented to the Russian Government in respect of the "Ariel" and "Willie McGowan."
The claims of the other schooners have not been admitted in principle by the Russian Government.
⚫ 85965.-17. 25.-9/05.