CO885-(13-15) — Page 80

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14,561.

PUBLIC RECORD OFFICE

Reference :-

C.O.885

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

13 PUBLIC RECORD OFFICE, LONDON

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No. 124.

(CANADA.)

LAW OFFICERS to FOREIGN OFFICE.

[In Foreign Office Letter to Colonial Office, dated July 20.]

MY LORD.

Law Officers' Department, We were honoured with your Lordship's commands, signified in Sir J. Paunce-

Royal Courts of Justice, July 17, 1888. fote's letter of the 27th ultimo, stating that he was directed by your Lordship to transmit to us the papers noted in the accompanying list in connection with a telegram which had recently been received at the Admiralty from the Rear Admiral Command- ing-in-Chief on the Pacific Station, to the effect that four British sealing schooners, which were captured on the high seas by American revenue cruisers for alleged violations of the United States Seal Fishery Laws in July of last year, were about to be removed by the American authorities from Sitka Island in the United States Territory of Alaska, to Port Townshend in the United States Territory of Washington. That the circumstances attending the seizure of those and other British Columbian sealing vessels in the Behring's Sea, and the grounds on which the United States Government appeared inclined to justify such seizure, formed the subject of a reference to, and report by us on August 20 of last year. That in order to reach Port Townshend it would be necessary for the vessels now in question to pass through the Strait of Juan de Fuca, which separated Vancouver's Island from the opposite United States Territory of Washington. That the Strait was, as would be seen from the accompany- ing chart, which was annexed for convenience of reference of no great width, and that it was thought probable that the vessels might, in their passage through it, pass within the delimiting line of the British territorial waters.

That, although it was conceived that as a matter of strict right Her Majesty's Govern- ment would be justified in ordering the release, by force, of British vessels which were being escorted through British waters in the custody of foreign cruisers, whether the original capture of such cruisers had been rightful or not it was desired on the present occasion to take such a course.

or nct.

But that the further question arose (upon which, as well as upon the view expressed above, your Lordship would be glad to be favoured with our opinion) as to whether, in the event of those vessels re-entering British waters in the custody of United States officials, or under the escort of United States cruisers, a violation of British territory and jurisdiction would not take place sufficient to justify a demand on part of Her Majesty's Government for the subsequent restoration of the vessels, and that indepen- dently of

any question as to whether their capture had in the first instance been rightful That Sir Julian Pauncefote was to mention, as bearing upon that question the case which occurred in 1877. of Peter Martin, an Ainerican citizen, who, while under a sentence of imprisonment for an offence against the laws of British Columbia, was, in the course of his conveyance in custody from Laketown to Victoria, taken through the United States Territory by the Colonial officials. That his release was thereupon demanded by the United States Government, and conceded by that of Her Majesty. That that case formed the subject of a report by the then Law Officers which was enclosed for reference, and of which paragraphs 3-7 seemed specially applicable to the matters at present under consideration.

That Sir Julian Pauncefote was to request that we would take the papers into our consideration, and that we would favour your Lordship with our opinion on the questions submitted in his letter, and with any general observations which we might have to offer on the case.

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

Report

That, in our opinion, as a matter of strict right, Her Majesty's Government would be justified in ordering the release, by force, of British vessels, which were being escorted

A

52950-98, 25.-7/88.