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5126.

PUBLIC RECORD OFFICE

Reference :-

LIC.O.8

885

13 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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No. 114.

(CANADA.)

LAW OFFICERS to COLONIAL OFFICE.

MY LORD,

Royal Courts of Justice, March 14, 1888. We were honoured with your Lordship's commands signified in Sir Robert Herbert's letter of the 9th ultimo, stating that in the month of August last the Marquis of Salisbury explained to us the circumstances in which certain British Columbian sealing schooners, named the "Thornton," the " Carolina," and the "Onward," were seized by the United States revenue cruizer "Corwin" in Behring's Sea, and the respective masters of those vessels tried, convicted, and sentenced to fine and imprisonment by the United States tribunals for killing fur-bearing animals in contravention of United States statute law in waters, as was alleged, within American jurisdiction.

That having considered the case submitted to us by Lord Salisbury, we reported to his Lordship on the 20th August last* that the seizure of the vessels in question was entirely unwarranted, and that a claim for compensation might properly be made and pressed without further delay.

That Sir Robert Herbert was now desired by your Lordship to transmit to us copies of despatches from the Governor-General of Canada, enclosing revised statements of claims against the United States Government in the case of those vessels. That the Gov.-Gen. claims had been revised in the circumstances shown in the correspondence noted in the of Canada margin.

to Sec. of That Sir R. Herbert was also to enclose copies of three further despatches from the e, Governor-General of Canada, forwarding claims against the United States Government Sec. of State in the cases of the vessels" W. P. Sayward," "Grace," "Anna Beck," "Dolphin," to Gov.-Gen. "Alfred Adams," and " Ada," seized in the Behring's Sea during the season of 1887, for secret,

15 Jan. 1887

the alleged offence of illegally capturing seals, and in the case of the schooner 14 Sept.1887|

Favorite," which vessel was on the 2nd of August 1886, while sealing in Behring's

44

Sea about 68 miles from land, ordered by the United States cruizer "Corwin," under threat of seizure, to cease operations and leave the Behring's Sea forthwith.

That a copy of a letter from the Foreign Office, having reference to the claims inclosed in the Governor-General's secret despatches of the 2nd and 23rd of December 1887, and advanced in respect to the vessels "Thornton," " Carolina," and " Onward," was also enclosed, together with a printed copy of our report of the 20th August 1887 above referred to, and of the reference with the accompanying documents on which that report was founded.

That Sir R. Herbert was further to enclose a copy of a despatch from the Governor- General of Canada, dated the 19th of January 1888, reporting that orders had been issued for the return to their owners of the vessels "Onward," "Thornton," and

Carolina."

"

That Sir R. Herbert was to request that we would take the papers transmitted with his letter into our consideration, and inform your Lordship how far, in our opinion,

the various claims advanced in respect of the above-mentioned vessels could be properly urged by Her Majesty's Government against the Government of the United

States.

In obedience to your Lordship's commands, we have the honour to

Report

That we have considered the claims which have been presented in respect of the seizure of the vessels "Thornton," Carolina," and "Onward," and the observations thereon in the letter of Sir Julian Pauncefote of the 21st January 1888.

We think it desirable to lay down, in the first place, certain considerations which must be borne in mind and applied in dealing with all the claims in question. We observe that the seizure of the vessels took place in the year 1886, during the fishing

A 59950.-14. 25.-3/68.

No. 99.