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PUBLIC RECORD OFFICE

9

C.O.

Reference :-

885

14 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

2

In accordance with the suggestion made in November 1893, by the then Law Officers, a statement has been drawn up with regard to each of these vessels, which, as finally revised, will be found in the Colonial Office letter of the 10th April (Paper L).

The "Marie" was seized by the orders of the Governor of the Commander Islands, M. Grebnitzky, who was on board the Russian steamer "Kotik," at a distance of 7 miles from Copper Island, on the ground that her boats had been hunting for seals within Russian territorial waters. The master denied this, and declined to sign the act of arrest drawn up to that effect. There are, it is believed, no rookeries on the east side of Copper Island where the vessel was seized, and there was therefore no special inducement to send the boats into territorial waters. The Russian account states that, before the schooner was arrested, two boats belonging to her were seized at a distance of 1 miles from the shore; the latest Canadian affidavit positively denies that the boats were captured before the schooner had been seized (see Paper H).

The claim of the owners of the "Marie" amounts to 29,450 dollars, and there is a further claim of 11,368 dollars for the loss of the season of 1893. The reduced claim suggested by Mr. Anderson is 17,567 dollars (see Paper E (1)). Mr. Anderson observes that the claim for outfit, boats, &c., is absurdly exaggerated.

The Rosie Olsen 21

was also seized by the "Kotik." The Russian account states that the schooner had been seen in territorial waters, but, having caught sight of the smoke of the pursuing vessel, she succeeded in gaining the open sea, after having given the signal of recall to her boats. Nevertheless, four of her boats were seized in terri torial waters, after which the schooner herself was seized. It appeared from her log- book that she had been hunting for thirteen days in the neighbourhood of Copper Island, and had sent her boats into territorial waters. The Canadian account is that the vessel was boarded about 38 miles from land. She was becalmed, and had been so for four hours. No attempt was made to escape.

The master refused to admit that he had been in Russian waters, and in an affidavit swore that at no time had he been within 15 miles of Russian territory, and that his schooner was always nearer to land than his boats when out sealing.

The master and mate aver that M. Grebnitzby expressed doubts as to seizing the vessel. If this be correct, the boats cannot have been caught flagrante delicto. It is, moreover, improbable that the vessel had been hanging round the island for thirteen days sending her boats into territorial waters to hunt.

The claim of the owner of the "Rosie Olsen" is for 22,809 dollars. In this case there is no claim for the schooner itself, which was restored by the Russian authorities. Mr. Anderson reduces it to 7,719 dollars (see Paper E (I) ).

The "Carmolite " was seized by the Russian cruiser "Vitiaz." The evidence relating to this seizure is more complete than in the two previous cases, and is carefully sifted in column 3 of the statement in Paper L. It is specially to be noted that, even according to the statement of the officers of the " Vitiaz," the vessel was not within territorial waters when sighted. She was not sealing at the time, nor is it alleged that she had been doing so just before.

The papers received from the Russian Government are inclosed in Paper E (2). The Law Officers reported on the 3rd November 1893, that on the evidence before them, the seizure not justifiable (Paper B).

J

on the

The claim of the "Carmolite amounts to 28,649 dollars, and a further claim is made for the ensuing seasons. Mr. Anderson reduces the amount to 18,633 dollars.

The "Vancouver Belle" appears to have been seized by the "Zabiaka assumption that the boats of the "W. P. Sayward," which had just previously been seized, were her boats. She was not in territorial waters on the day of seizure. The Report of the Commander of the "Zabiaka" states that it appeared from the log-book that some of the seals had been killed in the strait between the islands. This was three days before the pursuit took place.

The Law Officers on the 3r1 November 1893, also reported, with reference to the "Vancouver Belle," that, on the evidence before them, the seizure was not justifiable.

The "Vancouver Belle" claims 36,030 dollars. Mr. Anderson suggests 26,080

dollars.

The papers received from the Russian Government will be found in Sir F. Lascelles' despatch, No. 23, of the 26th January 1895 (Paper E (2) ).

The boats of the "W. P. Sayward" were seized by the "Zabiaka.”

There is little

to be said in their defence, as they appear to have been sealing within 3 miles of the

shore.

They claim 610 dollars.

3

Mr. Anderson reports that the case appears to be of rather

a doubtful character.

The boats of the “ E. P. Marvin ” and “ Annie Moore "

and there is, therefore, no defence.

The Marvin" claims 320 dollars.

»

were seized on the rookery,

The "C. H. Tupper was boarded by the "Zabiaka," according to the Russian account, 47 miles from Behring Island, on suspicion that some of the boats seized in territorial waters belonged to her. The claim in this case is for the loss of the season, and not for skins seized. It amounts to 10,500 dollars. Mr. Anderson estimates it at 3,000 dollars.

The "W. P. Hall" was boarded by the "Zabiaka" merely on suspicion. There was, admittedly, no proof that the schooner had been sealing in territorial waters. The claim is for loss of season, as the master was ordered to leave Russian waters by the Captain of the “Zabiaką," and the definition of "Russian waters was such as to include the whole area where seals were to be found.

W. P. Hall" claims 10,644 dollars. Mr. Anderson says 3,000 dollars would be sufficient.

The "

I am to request your opinion as to whether any of the foregoing claims, and, if so, which of them may properly be supported, and to what extent. In the cases of the Marie," "Rosie Olsen," "Carmolite," and "Vancouver Belle," the point to be settled

**

is, whether the vessels or their boats were in territorial waters when first sighted by the Russian ships. The claims for the boats of the "W. P. Sayward' and E. P. Marvin " seem difficult of defence. With regard to the "C. H. Tupper" and "W. P. Hall" it appears that they are entitled to some compensation for having been boarded on suspicion and forced to proceed homewards.

Lord Salisbury would also be glad to receive your opinion as to the sums which can fairly be asked for on account of these claims. Mr. Anderson's reduced estimates have been quoted above, but it must be borne in mind that they were only prepared with a view to the possible offer of a lump sum by the Russian Government, and that, on reference to the Colonial Office, it was found that there was a strong objection to the adoption of these minimum amounts in prosenting the claims severally to the Russian Government.

The figures which have been suggested in the cases of the "Ariel" and "Willie McGowan' will doubtless assist you in computing the remaining claims, which should, presumably, be calculated on a similar basis.

(A.) Law Officers' Report (with papers) (B.) Ditto (with papers)

(E.) (2) Sir F. Lascelles

(F.) Colonial Office

I have, &c.

FRANCIS BERTIE.

November 23, 1892.

November 3, 1893.

List of Papers.

(C.) Blue Book Russia No. 2 (1893)," (C.—7028).

(D.) Sir R. Morier

(No. 161)

-

(E.) (1) Colonial Office

(No. 23)

June December January January 31,

12, 1893.

29, 1894.

26, 1895.

33

March

4.

"

March

9.

23

-(No. 89) March

15,

22

(J.) To Colonial Office

-

March

27,

(K.) Colonial Office

April

3,

April

10,

May

13.

June

27.

July

12,

(G.) Ditto

(H.) Ditto

(1.) Sir J. Pauncefote

(L.) Ditto

(M.) To Ditto -

(N.) Colonial Office

(0.) Memorandum