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venture to suggest for the consideration of the Secretary of State whether this is the usual course, or a convenient course; and, whether the preferable, and, as we believe, the more usual, course is not to offer the assistance of the Law Officers to the Privy Council should they desire to hear argument by them.

(Signed)

Royal Courts of Justice,

C. RUSSELL. JOHN RIGBY,

16597.

23rd November 1892.

MY LORD,

No. 24A.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

Royal Courts of Justice, November 23, 1892. We were honoured with your Lordship's commands, signified in Sir Thomas Sanderson's letter of the 16th instant, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list, relative to the seizure by Russian Government vessels in Behring Sea of six British sealing vessels, named the Ariel," "Willie McGowan," "Rosie Olsen," Vancouver Belle," "Mary," and

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Carmolite," and of three of the boats of the "W. P. Sayward," and to the loss of one boat belonging to the "E. B. Marvin," with three men on board.

That under "The Seal Fishery (Bebring Sea) Act, 1891," Orders in Council were passed on the 24th June 1891, and 9th May 1892, prohibiting the catching of seals by British ships in Behring Sea to the east of certain limits therein described, but that none of the above-named vessels were, at the time they were seized, in the waters affected by those Orders.

That the circumstances under which the seizures of the three first-named vessels took place were given in a letter from the Colonial Office of the 13th October last, which was accompanied by affidavits on the part of the masters and others on board those vessels.

That an affidavit by the master of the "W. P. Sayward" respecting the seizure by the Russians of three of the boats belonging to that vessel formed Enclosure 3 of the Colonial Office letter of the 20th October 1892.

ចម

That it would be observed, on examination of the affidavits in the cases of the "Ariel," "Willie McGowan," and Rosie Olsen," that the crews of those vessels had strongly protested, not only against the treatment they received at the hands of the Russian authorities but also with reference to the alleged illegality of the seizures, which it was asserted were effected outside Russian territorial water, at distances from the nearest Russian land, in the case of the "Ariel" of between 30 and 40 miles, of the "Willie McGowan' of 42 miles, and of the "Rosie Olsen" 30 miles.

That according to the affidavit of the master of the "W. P. Sayward" his vessel was about 20 miles from Copper Island, which was a Russian possession, when three of her boats were seized by a Russian steam launch.

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of

That the case of the "E. B. Marvin " appeared to differ from those of the other sealers, inasmuch as in the affidavit received from the master of that vessel there was no direct evidence that her missing boat had been captured, nor was it distinctly laid down at what distance from land the vessel was situated when the boats left her on the morning of the 5th August for the purpose of seal-hunting (see Enclosure 4 in Colonial Office letter of the 1st November).

G

That in a note addressed to Sir R. Morier by M. Chichkine, the Acting Minister for Foreign Affairs at St. Petersburgh, it was stated that the

Mary," and " Carmolite

Vancouver Belle," were released with a warning by their captors, to whom their officers expressed their gratitude for the treatment received by themselves and their crews while detained on board the Russian cruiser" Vitias K. Morier's No. 251 of the 16th October).

LO

"

(Enclosure I in Sir

That the same document contained a denial of alleged ill-treatment of the crews of the "Ariel," Willie McGowan," and Rosie Olsen," who were said to have been guilty of riotous behaviour after being landed on Russian territory at Petro- pavlovsk.

That M. Chichkine subsequently furnished Sir R. Morier with a translation in French of a "Communiqué" in the Russian "Official Messenger" containing a detailed account of the facts relating to the seizures of the British sealers, which it stated were effected in the cases of the "Willie McGowan," "Ariel,” and distances of 21, 22, and 13 miles from the nearest Russian coast, and in those of the Rosie Olsen," at Vancouver Belle," Mary," and "Carmolite at 18, 8, and 28 miles respectively

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"

"

o 95965.-22.

25.-10,95.

PUBLIC RECORD OFFICE

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بالأسيا

C.O. 885

Reference :-

14 PUBLIC RECORD OFFICE, LONDON

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