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FUR SEAL ARBITRATION.

PROCEEDINGS

OF THE

TRIBUNAL OF ARBITRATION,

CONVENED AT PARIS
UNDER THE

TREATY BETWEEN THE UNITED STATES OF AMERICA AND GREAT
BRITAIN CONCLUDED AT WASHINGTON FEBRUARY 20, 1892,

FOR THE

DETERMINATION OF QUESTIONS BETWEEN THE TWO GOV-
ERNMENTS CONCERNING THE JURISDICTIONAL
RIGHTS OF THE UNITED STATES

IN THE

WATERS OF BERING SEA.
VOLUME VII.

WASHINGTON: .
GOVERNMENT PRINTING OFFIOE,
1895.

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Pin ceAL AESeITRATION.

foe COUNTER CASE

OF

moet) NITED STATES

BEFORE THE

TRIBUNAL OF ARBITRATION

TO CONVENE AT PARIS
UNDER THE

PROVISIONS OF THE TREATY BETWEEN THE UNITED
STATES OF AMERICA AND GREAT BRITAIN,
CONCLUDED FEBRUARY 29, 1892.

INCLUDING APPENDIX.

WASHINGTON, D. C.:
GOVERNMENT PRINTING OFFICE.
1893.

PABLE-OF CONTENTS

COUNTER CASE.

INTRODUCTION.
Page.
THE COUNTER CASE OF THE UNITED STATES:
GSO DICE ete rs eee eee ee oe re amecisec nae soseeie cecticbe Se deeecceae i
Oniginal British Case and: supplemeat 7-222... 32 ses -asenic st secces 2
PART FIRST.
REPLY OF THE UNITED STATES TO THE BRITISH CASE FIRST PRESENTED.
THE TRUE ISSUES IN THE PRESENT CONTROVERSY:
Difference of views as to the object of the present arbitration.......-..-- 7
Protection of seals the main object of the arbitration.-...........---.---- 7
Origin of the controversy as to jurisdiction........-.-------------- Pees 8
Lord Salisbury’s reference to the Russian ukase............------------- 8
Mr. Bayard invites international codperation............---------------- 9
Mr. Blaine’s statement of the issues............--.----------2- 222+ ---0- 10
Justification of seizures of sealing vessels. .....-..-.----.--------------- 11
Lord Salisbury again introduces the ukase..-.....---.--.-.------------- 12
The United States sought international agreement.......--..---.-------- 13
THE ERRONEOUS TRANSLATION OF CERTAIN RUSSIAN DOCUMENTS:
Imposition practiced upon the United States Government.........--...-- 13
Partial restatement of its case necessary -........-....------------------ 14
THE SITUATION ABOUT BERING SEA AND ON THE NORTHWEST COAST DOWN 10
_ THE TREATIES OF 1824—25:
HSS It 8 COLONTAIS VR LGM 2 See eles Setciaein Seats </aeis oa eraie male h-feieim ersiereisje.oe. 15
AUS GLO tpel OS™ cre eee pte ae oe eee ets ee es Ge ye Rg aS ta SE 15
ChaptemlotorihishiCasGsen 2 sees see te eens Snes Sass eot eee bee 15
Distinction between Bering Sea region and Pacific Ocean ...-......-..---- 16
HUIS Chole Guilssee cn acceso se cei c ne aeee ee etre nS ce wale ae Oecd mee = Sk Bae 18

IV TABLE OF CONTENTS.

Tur SITUATION ABOUT BERING SEA, ETC.—Continued. Page.
Character of control claimed over Bering Sea .----..---------<- ----<-a-e- 18
No exclusivé territorial jurisdiction claimed .2..-.. 2... -2.- -<2 5-5 ses5eese 19
Protests against ukase and resulting treaties .............-.--...---.---- 9
Caseof the Pearls. -5...Scce es tac enc ss = eee eee eee 20

PERIOD FOLLOWING THE TREATIES:
Continuation.of the colonial system .-=-2- >) 2a4esee eo eee eee 21
Case of the Loriote 225-7 25 j-s.cs cos ise Sess Lee ee ee ee ee 22
Chapter-IV ofthe’ British (Case. 2 3 )25-).2 3/22 ~ os seen eee eee 23
Visits of whalers to Bering Sea..2-.2 2. .-22- .ss=00-¢0ecueeee- 2 - ee 24
Rishts to protect sealsnot relinquished -2=----= 4. 522 oo eae = ee ee 25
Evidence of surveillance over Bering Sea... ...--.<2.-22 S24. idscess eee 26
Conclusions from foregoing evidence ~--. 22 -44--5-54-23-5-0-- ---.-0 225s 29
RUSSia’S action-in W892) 4... Sloe secs eee Oe Oe Ee as ee eee 29
Final] observations on historical and jurisdictional questions...........-- 30
First, Russian sealskin industry. ..........-.--- see Sener oo ¥ 30
Second, Russia never renounced her right to protect such industry.--..-.. S 31
Third, United States’s right to protect, in accord with rights asserted by

RRUSBIS he Pack cee ooe we Sec cose Shes = ok cee eee eee Ree ee eee 31

Tur RIGHT OF PROTECTION AND OF PROPERTY IN THE ALASKAN SEAL HERD.
British view of protection and property claims -.............-.---.-2---- 32
History of protection and property claims.-.............---2.--20e---ees 32
Mr. Blaine insisted on right of protection.....-..........-..----ce-- see 32
Mr. Blaine-asserted ownership in seals) .-255- ..2-s- <5. => ac0 see eee 33
Jurisdictional questions not the true issues’........---.-.---------.------ 33
Mareclausum doctrine inapplicable. -=... 2-2. 5--- s.22c- se esoseeese ee ones 34
Mr. Phelps asserted ownership in the sealeries............----.--..------ 34
All acts not justifiable because committed on high S€A8 ---.----. +222 22+ 35
Growth of ‘international awe 202s 2.) Ie A ee eee 35
The United States adopt Mr. Phelps’s views..-............---.-----.--- 35
Lord ‘Salisbury gm error: 32 28 22 2. Sars. See eee 36
Rights arising out of ownership of islands and habits of seals.......-..-- 36
All facts relating to property claim fully discussed............---.------ 37
Claim of protection and ownership not new...........-- LU eae 38
Case of. the Hurriet ..2.22 0.22 =2-5 cote pastes k lst See eee 38

PART SECOND.

REPLY OF TILE UNITED STATES TO THAT PORTION OF THE CASE OF GREAT BRITAIN
CONTAINED IN THE REPORT OF THE BRITISH COMMISSIONERS,

Tut Britist COMMISSIONERS AND THEIR REPORT:

The Bering .Sea:Conmmission: 2222-8526. st etecece cere. oo seeeeen eee eeeeae "4S
The British Commissioners..........--.-.- ae Cote k. <3 45
Secretary Blaine’s note to the British Minister............-.-.......-.... 45
Meetings of the Joint Commission. <.. 2222255 22.20 32. eb hae canene pees 46
Report of the British Commissioners: 2... 2001. 5202 226ece ae cae - == cee . 46

TABLE OF CONTENTS.

First, NEw PROPOSITIONS ALLEGED ON MATTERS ALREADY CONSIDERED:
Habits of the fur-seals.

1. Distribution of seals in Bering Sea and intermingling of herd:
Intermingling of the Alaskan and Russian herds...........-....-
Charts: Nos. JIT and:1y of the-Report,....-. + 00s sesodie web nnn ace <
Chariton Ti of the MeperGieseng. = gescr. an set yo xaw Soae ott a
Data from which the charts were compiled ................-.----
Priemincmenty OF Gata, 2s sees a hoa hws os oes odo Semawasctbc
Principal data relied upon in Report ..................---..---.-
Chart of cruises in Bering Sea in 1892 _..................-.-..-..
Bearer CORTE OE NBO are 52 eG ie BN ahs ane Gas a hiale «

2. Alleged promiscuous nursing of pups by female seals:
Promiscuous Wursing denied: 2... 2s ca. 2+ oe ose pw nnee vacates
Elliott and Bryant as authorities in the Report............-...--
Owes aeCtiOn TOR HOWV OAS ooo scd hones nel segcenGn dieu nile
CALS Oy NE OMEN AAMAS < S25 oros0 a0 cine os «ine <ougie’ ao dosent Soda
Authorities relied upon in the Report..............-...-.-..----
Mr. C. H. Jackson a questionable authority .................----
Sri pCO as PA MIDNORI Uy =~ oo. Soc So ate os oss oom oon

3. Period at which the female seals go into the water..............-.
Position taken by the Report and the authorities...............-
Papin Mate NUAICMOMIS. 2.25. - coco cna ose Le eo ocse atc een aoe
The one authority for the Report’s position..................-...
PeRINIOMy OL. Hl UG WHSENUM go 0 5 ou cc copes Soe ctocs soc eke coke
Lestimony, OF S.(Stainoy-ErOWwl. .-22-4.ts-<ccs soc) 2... vee ce ee

4 Aquatic coition:

Affirmation of its possibility by the Report.............-...--.-.
The evidence in favor of aquatic coition .........................-
Capt oryanuies am amenoriiy 4.258. 5 -.ck-scc--. .-- coco eee eke
itl ams aT AMENOtby 222. osteo ces aoe oe eae
Insufficiency of the evidence advanced by the Report..........-.
PHCONsisrencies er one mOpoOrt.12) 5-25 cee obese cn... 22ce feb
Late arrival of the cows at the islands.................----.-.---

Management as an alleged cause of decrease.

The methods admitted to be almost perfect..........................
xrersiveski ine aero - oe het seer uss ot BN siaGshs. cliswch «clk
Proof must be limited to period, 1870-1880................-....-...

Admission as to period after decided decrease.......................
innelevaney: olsuchy AdMISSION =. —= ac55252 2522 cee eee 2G Geek
Failure of the Report to show change of management after 1880... ...
Reservation aso charges of frand ...... 22.2.0 .00cece coos seus ---- ee
Foundation of charge of excessive killing.-.....- Pate Be is bck SS
Capt. Bryant as a witness for the Commissioners -...............---.
Ppaspnde tor NG eteBOlG 4. =/5452 == arden este cua esiek asian d «se ool
Diyasions of syidence mm the Report. .c< /.2-.5.....--<ces2-.s-b--cec-

v

Page.

VI TABLE OF CONTENTS.

First, New PROPOSITIONS, ETC.—Continued.

Management as an alleged cause of decrease—Continued. Page
Irrelevancyn of the firstidryision So see ee ae eee eee = ee ee ee 71
Unfairness of statements as to Russian period..........-.---.------- 71
The number of seals killed from 1860 to 1865--:- ---2.. 2122-2 2-2. 22 73
Second diyisionjofsevidences-.*-..- 26 --sceee aces te eee eee 73
Comparisons of harems, 1870 and 1890, irrelevant.-.........---..---- 73
The curtailment of H. W. Elliott’s statement....-......-..---.-+---- 74
Harenis in: 189s s i. ea eee eck eee ee eee eee eee 74
Surplus ofgvirileimalés.< <2 0224 ce Soe eee ee ee oe eee 74

= #Size-of harems tn 139262 2 ao. fee ee tec ate = ne Sees eee ere ‘15
Alleged summary of a report of H. W. Elliott in 1890............----- 75
Alleged recognition of decrease by lessees “_....-...-....---....-.---- 76
Average weights of Alaskan catch, 1876-1889 ................------.- 77
Number of seals taken from Northeast Point....--....-....---..--.-- 77
Alleged resort to reserved areas.in 1879) 22-22 222 ee 2 eee 78
No haulino croundsieyer weserved=o2- +2) eee - eee eee eee ee - 79
Overdriving and redriving subsequent to 1880, irrelevant .......----- FE
Menwalol@ectease prier,to. 188092). 225s Cee se ee ee eee 79

Pelagic sealing.
The Report, an apology for pelagic sealing ...-..........-.---.-----! 80
1. That the percentage of female seals in pelagic catch is not large.

The Indian evidence submitted]. 225) ates e a oseneans sae eee 80
Testimony of interested parties submitted...............--.....- 81
Percentage of females admitted to be taken.........--...---.---- 81
Statements inconsistent with the Report .-........-...--...---.- 81
The statements in the Report denied .---...--...-.....---..----- 82
Capt. Hooper’s investigations, summer of 1892.............-.---- 83
Catches of vessels seized by Russia, 1892; 90 per cent females --.. 83
Examination of pelagic catches, 1892/2225 o. seer soe se esse eee eee 83
Proportion of females taken at sea prior to 1870.....-..-.-------- 84

2. That pelagic sealing in Bering Sea is not as destructive to seal life
as pelagic sealing in the North Pacific.

Grounds for the Report’s statements....---...:.....-....--..-..- 84
Preonant. females: .oc2ccssee sews feces ee awe Sctints omen ciate noe 85
Nursing: females: 222-22 bes cs ee eee ee OS ee re ee 85
Capt: Hooper's investigations, 1892222 eee se ate Soe ae ee 85
Examination of seals by C. H. Townsend, 1892. ......-....--.---- 86
Dead pups,on the rookertesy22 2.22 -225-/s2 et eek = ee eee 86
Cause. of death... 2222252 ogee cn SE Be oe ee 87
Mr; Blaine’s moteiof March ly s90 2282 e sss eee ye. ee eee 88
Causes of death alleged in the Report.....--...-.-- gis JS 89
1. Driving and killing of the mothers.-2- 22-22-20 2-2 fs. 2. one 89
2. An epidemic: 22Ulc Cee cask 2. Cee sees tae eee 89

3. Pups ‘crushed an jstampedes 2c. 53--ee)- cee eee sane eee eee 90

oe

TABLE OF CONTENTS. VII

First, NEw PROposITIONS, ETC.—Continued.
Pelagic sealing—Continued. Page.
‘2. That pelagic sealing in Bering Sea is not destructive to seal life as
pelagic sealing in the North Pacific—Continued.

Ab Ossible raids asia CAaMsene aes a= - asso ce Coe SSeS sd aoe een 90
All theabodresyemaciated we sass cere eee tnt oe sci dea fe eee ae Hal
Great, decrease. of dead! pupsin 1892 42.22.2222 oy 2 2 2S s eee. 91
Causerof decrease of. dead\pups 2-25 eons see gece ese. ees te See 93
Increased mortality on Russian rookeries............--.--------- 93
Comparative sizes of Bering Sea and Pacific catches ..-........-- 93
Sealing season in Bering Sea and Pacific compared.-............-- 94
Average daily catch in Bering Sea and Pacific compared-.....--. 94
3. That the waste of life resulting from pelagic sealing is insignifi-
eant.
Wasterot life insionificanb sa. <ce.<so2 2/5 sceciecies a ass,caa Soe ee 95
The evidence advanced in the Report..............-...-.-.-2--<- 95
Percentage of seals lost by Indians............ ..-....----------- 95
Percentage of seals lost by white hunters..-.......-....--------- 95
Tabulated statements of white hunters.--.-...-.--.---.---------- 96
Inconsistencies of statements..-....... .---- OS Say ay daketataiageh scoot 96
NOurces Ofc Luibe: Mun tersasebaDles so. 2 = choccy Secret ton Serene 97
Table only gives seals lost by sinking.----.-..---. .......------- 97
Bealselost wy swOUnM Gin Oe oe ne ees wee se Ras oe iam \aasaiee en a 98
The bases for the apology unwarranted ..--.....--..----.---..-.-- 99

SErconD, New MArrer ALLEGED NOT HERETOFORE RBC HEC R
Habits of the fur-seals.
1. That the Alaskan seal herd has a defined winter habitat.

The. “winter habitat? theorye. <2 3.2. Ss os alco! cian os Sete ere pease 100
Objecivof, proposing this) theory. 225-2 52 ee ie oe ee eS 101
The bulls do not resort to the ‘‘ winter habitat” -....-...-------.- 101
Theidataunsuticient to establish -— 2s... 25-5.) 25--/<26=-- de s- 0 102
MESHIMOIMY, IMs OPPOSLULONG = ssc eee rere leas 2 hic ee monies 103
Seals followed along Vancouver Island ........-.........---.---. 104.
Seals scattered during winter months .-...-......----..-..-./.--. 104
deals found) in dat, 40° IN. and lone. 1722 Wie a5 522 -25-2.-5------1- 105
New migration chart presented with Counter Case. ......-.-.---. 105

2. That the Alaskan seal herd has changed its habits as a result of
disturbance on the breeding islands and of pelagic sealing.

Increased: pelagic nabute alleged =. <..222 2-6 ------)---5--scce n-ne = 106
spwbareyes Seals talon ab SOdjacm cts ee = oe Se ee aS casa 106
Table of average catch per boat and per man ......-.-- SEEN pain 107
Why averages for 1885 and 1886 are not used ..--.....--.-------- 107
DRC ANOES&GS OF HO WAIN Gest ema nae ca econ Seek e ea cess = Se3 107
Average per boat in ‘‘spring catch,” 1886-1891..............-..-. 108
Increase pelagic nature, an assumption ..................-.-.-.-- 109
Change of rookeries based on hearsay ...-....-..---..-.----.---- 109

INGIW AIST ATT CEROOKMELION ts toate ce phan eee ae ore erNeire es ccm alecis) 2 bide ec oS 110

VIII TABLE OF CONTENTS.

SrconD, NEw MATTER ALLEGED NOT HERETOFORE Discuss—ED—Continued.
Habits of the fur-seals—Continued. Page.
2. That the Alaskan seal head has changed its habits, ete.—Continued.

One home of Alaskan séal herd i222s0ht Ah ash usa se Saat ee eee 110
Pribilof Islands inhabited for one hundred years.......--..------ 111
Slaughter on Robben Island, 1851-’53..-...--.-.- 3o Agee re Sens 111
Error in statement relied on by the Report....-..----..----.----- a Bul
Alleged fraudulent administration on the Pribilof Islands:
Indirect charees of fraud im the Report.o--. - 22-22-24 eee eee eee 112
The parties Charged... cc2. -- vanes e soe en + 5 ost ae eo 112
Great Britain and the frauds charged.---.. - Co pe on ee ee, oe 113
Reason the United States consider the charge. ...--.....-....---.----- 113
Hrand;:as allered in the Report. -o- ---- 2h ee ecr eens -e eee ee 114
No authoriby-for charres- oc 2s. 2s see aes oe eee eee ee eee 115
H. W. Elliott’s statements distorted ..-....-....---.---- ---- --seece- 115
Counting skins on/Pribilof Islandse-e--as-4- | sao eee ee. — ee eee 115
Recount at'San Francisco-2-02 ~~ seat e sae soe eee oe ee ee 116
‘A tew' bundles opened: 332. 2k ee eee eeeee poet oe ee ee ee 116
Packingvand shipment. 222% chon. came Ce ne a 116
Only tivo skins in a’bumile -: 323i. 2 oe eee 117
Three skins in a bundle would be detected ...--.......:..--.....--.-- 117
Implied fraud in weight of. bundles .-2 2. 522-2 eee ee eee 118
explanation of weight 52222. 24225 S22 aoe ee eae eee 118
Various counts of skins compareil’...:-_.ceoce <2 eee dese ee eee 118
Practical agreement ‘of ‘counts. 220.22 oe eee ee 119
Moare’s report of 1875: 2... 2624.c. ee ee ee 119
Employés of lessees as Government agents ........---.-------------- £20
THIRD, REGULATIONS PROPOSED IN THE REPORT.
The.only reculations suflicienh=:5.2. oss. 2..ce see. oo oe ee ae oe eee ee 121
PUurisdiction of Lribunal of Arbitration. +5 2. sss ssee tee eee 121
Uniarnessrot reculations proposed... -.< 55-52 steeees oe oe eee 122
(a) Improvements in the methods of taking seals
On.-Pribilofislands 24 hassectse 2 ot a5 ae Soe cok wae cca bee ee ee 122
PAG SOB ate sf ee ee Sua a's Cohas Seen foe ee bie ee 123
Use of the rifle obsolete.......... Soin See ge as8 «4s ere ee ee 123
Licenses applied to only one-half of the hunters...........--.-------- 123
Increased licenses of steam vessels of no value............----.------ 124
(b) Restriction in the number of seals to be taken.
Untairness of limitations proposed. . . <<. 553-45. ase eee 125
(c) Specific scheme of regulations recommended.
Regulations recommended 5 oo. <c.c.- con n'cmeine dans Loe See ee 125
Limitationjof quotaion-PribilofIslands-...:-..--<--.22- 22a see eee 125
Precvective zone-praposed.. <5 02280-2252 5. t)52s oa ee ee 125
Closevseason proposed.ccsc. 2 sc. Aon cton see cook ees eee oe 126
Basis:of proposed close season 23-5: . 22 sence: 176 oe eee 126
Close season would have little effect. :............:--Jesae-----er eee 126

‘
Se ee

TABLE OF CONTENTS. 10.4
Turrp, REGULATIONS PROPOSED IN THE RePORT—Continued.

(c) Specific scheme of regulations recommended—Continued. Page.
‘‘Compensatory adjustments” proposed ....-...----------------+---- 127
Supposed pelagic catch, 10,000 a week..--.-...-...----..------------ 128
Wrrtati ness O11 OMmMISSIONGrS SHOW, 225-5 a= [2 = sere = afte) Som ice min 128
Miterma ite mMeraods OL Tet ulahONSes sco. sep acs. sae as a= = =ine ae = aie = 128

REPLY OF THE UNITED STATES TO THE BRITISH CLAIMS FOR DAMAGES.

Seine AGU beds sera. jo aieinw ome t lee inetd Ren neon nae See one Ber 129
Prokrihiom Of Sealine IM Bering SCaies 2-6. 2 <= «zc 2 anne aoe wie oo = = 129
Reasons witysselzures: were made. ----.- =. -222----- seecne wae anl---=-- a= 2 130
Vessels seized, owned by United States citizens........---.-.---.-------- 130
Relations of Boscowitz, Warren and Cooper. ......---.------------------ 131
Joseph Boscowitz, United States citizen, owner.. .--..-.----.------------ 131
A. J. Bechtel, United States citizen, owner......-..-----.----.---------- 131
A; Frank, United States citizen, Owner-..2.-<- -2-=:-..--2-22--.+--- 55+. 132
No damages can be awarded for prospective prolits....-..----.---------- 133
WeersiomMM Geneva AMD Ubl ailil Olle. \itiaieie = lino =anmi5 ass = sini elimi im ln 135
Pbaamraced CladMed GX COSShy Goria - acu wae an nan nn Sewn ees a enine canis ceeiass 134
Questions submitted under Article VILL --:....-.-...------------------- 134
COUNTER CASE REASSERTS THE POSITIONS TAKEN IN THE CASE..---..------ 135

APPENDIX.

Page.
DIPLOMATIC CORRESPODENCE :
Relating to the interpretation, of the Treaty of Arbitration-......-..-..-- 139
Relating to erroneous translations of certain Russian documents referred
oun the: @ase; of vnenWiniueds Sbales oo steet ae teste e cin -ete ames 3 feet MeaiGal
Amencdedsiranslablongsoss)ssct ee pe saa te team sere sePara ae mate 2 eas ok 154
Relating to Cases of the Pearl, Loriot, and Harriet.........---..---.---- 175
(Qhisevay eae eH geee ae nee er coeerccosee seo. nga oF pet Bos Sete ates 2 sae 175
Wake Of UNO) VIOTIOE an amen Se atte ee an ah moysais o, 1 )2p5 c\e,0,=,555 180
@asolotthecHaprielne- 2 asieeent ace Scie ees +e alae setae e-em oe 3 alee 184
Russian DOCUMENTS
Relating to the number of seals killed on St. Paul Island, 1860-1866..-... 193
Relating to the visits of foreign whalers to Bering Sea. -~.-.-.-.-----.---- 199

SEIZURES OF AMERICAN AND BRITISH VESSELS BY RUSSIA IN 1892......-..-- 201

x TABLE OF CONTENTS.

Page.
OMEICTAT:, TIEPORTS 2. S25 0)5 o.5 igen ane cee’ tine Soe See eee ae ee 207
Reports of (Capt: sHooper 22 lenns oss.505 oer ee Be eee eee 207
Orders ‘to‘Capt. Hoopert. sis.) 5 eae oe ee ieee se aoe eae eee 207
Report, dated Augustl7 1892... 2 52-2 sae seeee eee eer ses See eee 208
Report; dated September 6, 1892. -2 3257 2assee gece eee ae ee 214
Report, dated November 21, 1892: aac seme eee ee ee ere eee 228
Reportiol Capt, ‘Coulson. 2-233. - 4.03.22 ao eee eee ae eee 234
Reportiot Special’ Agent Henry.2c .-- soc'.-- So - oe oe eee ee ee eee 245
Report of United:States' Consul Miyets.:2..:-22./--c2-2ceseeeee ++ ase eee 255
Report of Treasury, Avent lavender->.2_----- 2225 5-.- eee eee - aoe eee 263

Notes on the Fur-seal Rookeries of the Pribilof Islands, July 18 to 31, 1892,
by IBeowWs sh vermant’. 2 ssocce. ses ccsccee es ce Lek eee eee oe oe 264
EXTRACTS HROM VARIOUS bUBLICATIONS .-2- 2st ace + ae eceetens oes Seer eee 275
Report: of Capt. Bryant, 1869-52-25. sos sc. - kee e ae es Hoenn: eco ee 275
Testimony of Charles Bryant before Congressional Committee, 1876 ...--. 280
Report of Lieutenant Maynard, 1874. -cs.. ce s2s sesso eeeers oo ee eeeeee 280
ReporbwotdiassMoore: 1Bibec sn ete ase cee Reet Cae eee on eee 282
“Fisheries and Fishery Industries of the United States” (James G.Swan) 284
Testimony of James G. Swan before Senate Committee..............----- 286
“Tiist of Reported Dangers in the North Pacific Ocean” ........-.-------- 288
Raper prepareduDy William ie almen 2-2. - ots. seco clecee 2 eas sober] aaeeete 289
<SProdromus ofthe A00logy OL WV CtOla” wan-ose.2 eee oo eo eae aoe ee eee 292
Fanning’s “ Voyages Round the World, 1792 to 1832”. ....-.......---.---- 293
‘Marine Mammals of the Northwest Coast” ............-.--------------- 293
Veniaminoff’s ‘Notes on the Islands of the Unalaska District”. . aes 294

MATTER RELATING TO CERTAIN SEALING VESSELS SEIZED BY THE ined
STATES :
Extracts from notes made at the trial of Warren vs. Boscowitz and Cooper 301
Extracts from evidence in the case of Warren vs. Boscowitz et alios and

BOScowibz.08.. Warren et GU082 22 o.oo aca es oes Ce ee 304
Extracts from ‘‘Case on Appeal” in the case of Warren et alios vs. Dosco-
Wile 6b GUiO8 Ra eee Ee ee eh ee UR ie ee eS eee 313
Pleadinges—=Counterie) aime seis ce oniet ee oe ee eee 315
ANS WOE ssid Seog Sole 6 be oe ASR Rieck See eee ela eee 316
Decree 2o 5255 ee ee ee a A a SER pa AE 316
Special proceeding instituted in regard to certain claims against the
United States 72252522 ssaee ee eek oc oe Se ee ea, Be Be ee eee 320
HIBELS FILED AGAINST SEATING VESSELS... 55 Sfoc52 5-02 oe eee eee 327
APPRAISEMENTS OF SEALING. ViSSELS 2 2k) 2G ee a ok eee eee 329
TaBLES RELATING TO CLAIMS OF BRITISH SUBJECTS AGAINST THE UNITED
STATES’. 22sc sn edcc Seeley ae Shs Se eee Sea ee EE Ee oe 339
TESTIMONY:
Relating to claims of British subjects against the United States ......... 341
Relating to fur-seals and seal-skin industry.........--. .-cee. eeee- wees 353

(For list of deponents see Index to Appendix, post.)

TABLE OF CONTENTS. XI

MISCELLANEOUS: |
Sealskins from the Pribilof Islands entered at San Francisco, 1872 to 1889 409
Salesiom Goal oy SCHOONCIS 4. - =. oes ee ars == oem peereaaew cae ae.) | 410
ROMO NaE GRO co fa Sat wae an Sta Se eetarte uate ace do eae fone ttee cs PALE
Title page of a London catalogue of fa Séalskins® 2: 325s sth ieee 2
Mhettorsito the secretary, Of Stabt@es.-.<. ccs - cae ss wales see seeicese nas sao) 413
Dr. J. A. Allen - Bae ee oreo es aie e Soe seis ees Hane Mececciss sect, | SANS

Capt. Charles Beeantae poandots NEE sleet es a Sl
Letter from Judge James G, Swan concerning ae ee amma nee
areal Jee ive DUNO ap ee coAe coco Re Oo CGC HOHE RAC Or COE Se COOS See eae a eeE asc 414
Statements as to sealskins:
CPNViEN aS OM) Wa One eram anisole See ciee = oie enle -wis ee isinic is aeleioeeeyenes 415
DORM EHMOR Se <4 Ste epee ee Sac to LORS oh esa 2a ae Seek een 415
Crea Manin Go SONS. sec noes creo coiee oe ew ee ihe oboe eee aeeee 417

Report of speech made by one of the British Bering Sea Commissioners... 418
Declaration of seizure of the British schooner Mountain Chief......----. 419

Certificates as to sale of schooners seized ...-.....--..-..--..-.---------- 421
Tables of annual killings, Pribilof Islands, 1871-1889 ........-....-------- 445
Nixa © OUND Rs CASK Packers cicicticceicacicee eweccisijses Sci8c.oaa nce eircionwiedies 431

IN DE SOKREA TD POND IRciieces Cassese coclscecbe acting ceca atime sow einaecciateaslen 447

ce hare ‘eat ae "eis aes

“Ny is

“ 2 ~~ a ’- 52-9; mee oy = es
i Faas . .
Bey sak Wiss \. b. sas
yaaa gee Ne: oy .
. . re Tiga bey We
ogy Sale © le
shh a we 5.5 Rei Wa \

COUNTER CASE

OF

THe UNITED STATES.

INTRODUCTION.

Pursuant to Article IV of the Treaty of Ar-
bitration of 1892, between the United States
and Great Britain, the Agent of the United States
herewith presents to the Tribunal of Arbitration
the Counter Case of his Government, accom-
panied by certain additional documents, corre-
spondence, and evidence, in reply to the Printed
Case, documents, correspondence, and evidence
heretofore submitted by Great Britain.

The United States conceive it to be the main
object of the Counter Cases to present matter in
rebuttal of such points raised by the Cases as
have not already been sufficiently dealt with, and
could not reasonably have been so dealt with,
therein. They do not, therefore, regard them-

selves as now called upon to traverse all the posi-
12364 ——1

Counter Case.

Object of same.

2 INTRODUCTION.

Object of same. tions maintained by Great Britain in its Printed
Case, and, where any of such positions not dis-
cussed or refuted herein are at variance with those
assumed by the United States in their Printed
Case, the Tribunal is respectfully referred to that
document for a sufficient expression of their views
concerning the matters in controversy.

The United States will deal more fully and
at later stages of-this controversy, through the
printed and oral arguments of their Counsel, with
all matters requiring argumentative discussion.

- eae On the 5th day of September, 1892, the Agent
ment. of the United States received from the Agent of
Her Britannic Majesty copies of the Printed Case
of Great Britain. The United States considered
that the Case thus presented was not a full com-
pliance with the terms of the Treaty. A diplo-
matic correspondence between the two Govern-
ments followed, in which the position of the
United States in regard to this matter was fully
set forth,’ and, as a result of this correspondenee,
Her Majesty’s Government delivered to the Agent
of the United States and to the Arbitrators the
Report of its Bering Sea Commission, accompa-
nied by the statement that the Government of
the United States was at liberty to treat this
Report as a part of the British Case. The United

1 Post, p. 139.

INTRODUCTION. : 3

States have accordingly notified Her Majesty’s Original British
Case and supplo-
Government that they regard the Case first pre- ment.
sented and the above Report, taken together, as
the whole of the British Case, and that no further
opportunity is afforded under the Treaty for the
introduction of matter not properly in reply to
the Case of the United States.’
For the sake of more convenient reference
the term “British Case,” when standing alone,
will refer to that portion of the same first pre-
sented. The term “Report” will refer to the
portion last presented, consisting of the Report
aforesaid.

1 Post, p. 147.

Pee hee ERS TS.

pPePLhy .OFf THE UNITED STATES TO THE
BRITISH CASE FIRST PRESENTED.

‘Lemaitre

PART FIRST.

heey OF THE UNITED STATES TO THE
_- BRITISH CASE FIRST PRESENTED.

THE TRUE ISSUES IN THE PRESENT CONTROVERSY.

It appears, from an examination of the British Difference of
Case and the diplomatic correspondence above of Arbitration
referred to, that a different opinion is entertained
by the two Governments as to the object and
scope of the present Arbitration. That Case is
devoted almost exclusively to showing that the
Government of the United States is not entitled
to exercise territorial jurisdiction over the waters
of Bering Sea or to exclude therefrom the vessels
of other nations. On the other hand, the Case of
the United States makes it plain that the main
object had in view by the latter Government is
the protection and preservation of the seal herd
which has its home on the Pribilof Islands.

The distinction between the right of general Protection of

seals the main ob-
and exclusive jurisdiction over Bering Sea andject of Arbitra-
the right to protect the seals from extermination

is wide and obvious. In order, therefore, to show

8 THE TRUE ISSUES.

Protection ofthat the latter, and not the former, is the main
seals the main ob-

ject of Arbitra- question before the Tribunal, the Agent of the
United States deems it proper to place clearly
before it some important considerations touching
the manner in which the controversy resulting in
the Treaty of Arbitration arose, and to indicate
what have at all times been regarded by the
United States as the essential issues.
Origin of juris) The diplomatic correspondence shows that as
meg poe early as the year 1887 the United States claimed
a property interest in the seals of the Pribilof
Islands; that the question of sovereignty over
Bering Sea was first introduced by Her Majesty’s
Government and was not touched upon by the
United States in the correspondence until three
years after the first seizures of British vessels
had taken place; and that the subsequent discus-
sion of that question has been at all times inci-
dental to the main question,’ viz, the proper pro-
tection of the seals.
Lord Salisbury On the 10th of September, 1887, Lord Salis-
ote eae bury, in a note to the British Minister at Wash-
ington calling attention to the transcript of the
judicial proceedings in the cases of the Carolena,

Onward, and Thornton, referred to the ukase of

IMr. Blaine to Sir Julian Pauncefote, June 4, 1890, Case of the
United States, Appendix, Vol. I, p. 218, and also closing portion
of Mr. Blaine’s note to Sir Julian Pauncefote, December 7, 1890,
ibid., pp. 286, 287.

THE TRUE ISSUES. 9

1821 and the treaties of 1824 and 1825, and in-
sisted that they were conclusive in favor of Great
Britain’s right to take seals throughout Bering
Sea.”

The United States Government did not reply mr. Bayard in.
to the point thus raised. On the contrary, on ti win T eognaee
the 19th of August, 1887, Mr. Bayard, Secretary sae
of State, had already sent out to various foreign
governments a note,” in which he said: ‘‘ Without
raising any question as to the exceptional meas-
ures which the peculiar character of the property
in question may justify this Government in tak-
ing, and without reference to any exceptional
marine jursdiction that might properly be
claimed for that end, it is deemed advisable. . .
to obtain the desired ends by international co-
operation.”

This was followed on the ‘th of February,
1888,° by a note addressed to Mr. Phelps con-
taining general suggestions for international
action, which, in principle, appear to have been
assented to by Lord Salisbury.‘

! Appendix to Case of the United States, Vol. I, p. 162.
2? Appendix to Case of the United States, Vol. I, p. 168.
3 Appendix to Case of the United States, Vol. I, p. 172.
4 Appendix to Case of the United States, Vol. I, pp. 175, 212, 218,

10 THE TRUE ISSUES.

Mr. Bayard in- On the.2d of March, 1888, Mr. Bayard again

vites interna-| |. ‘ 5
tional codpera- insisted on the necessity of protecting the seals

on “by an arrangement between the governments
interested, without the United States being called
upon to consider what special measures of its
own the exceptional character of the property in
question might require it to take, in case of the
refusal of foreign powers to give their codpera-
tion.”* At pages 168 to 194 of Volume I of the
Appendix to the Case of the United States will
be found the correspondence relating to the pro-
posed international measures.

ate tines On the 22d of January, 1890, Mr. Blaine, Sec-

eae retary of State, wrote to Sir Julian Pauncefote,
Her Majesty’s Minister: ‘In the opinion of
the President, the Canadian vessels arrested
and detained in the Behring Sea were engaged
in a pursuit that was contra bonos mores, a
pursuit which of necessity involves a serious
and permanent injury to the rights of the Goy-
ernment and the people of the United States.
To establish this ground it is not necessary to
argue the question of the extent and nature of
the sovereignty of this Government over the
waters of the Behring Sea; it is not necessary to
explain, certainly not to define, the powers and
privileges ceded by His Imperial Majesty the

1 Appendix to Case of the United States, Vol. I, p. 175.

THE TRUE ISSUES.

Emperor of Russia in the treaty by which the

At

Mr. Blaine’s
statement of the

Alaskan Territory was transferred to the United issues.

States. The weighty considerations growing

out of the acquisition of that Territory, with all
the rights on land and sea inseparably connected
therewith, may be safely left out of view, while
the grounds are set forth upon which this Gov-
ernment rests its justification for the action com-
plained of by Her Majesty’s Government.”?

The grounds set forth were these:

(1) The value of the sealeries and the absence
of any interference with them down to 1886.

(2) That the taking of seals in the open water
rapidly leads to their extermination, because of
the indiscriminate slaughter of the animal, espe-
cially of the female; with which slaughter Mr.
Blaine contrasts the careful methods pursued by
the United States Government in killing seals
upon the Islands.

(3) That the right of defense by the United
States against such extermination is not confined
to the three-mile limit, and Mr. Blaine remarks
as follows: ‘Does Her Majesty’s Government
seriously maintain that the law of nations is pow-
erless to prevent such violation of the common
rights of man? Are the supporters of justice in

1 Appendix to Case of the United States, Vol. I, p. 200.

J ustification of

Seizures,

ve

THE TRUE ISSUES.

Justification of all nations to be declared incompetent to prevent

seizures,

Lord Salisbury
again introduces

ukase.

wrongs so obvious and so destructive?

“Tn the judgment of this Government, the law
of the sea is not lawlessness. Nor canthe law of the
sea, and the liberty which it confers, and which
it protects, be perverted to justify acts which are
immoral in themselves, which inevitably tend to
results against the interests and against the wel-
fare of mankind.”

These were the questions involved, according

to the view of the Government of the United
States. But, notwithstanding the clear manner
in which they were presented, and the explicit
statement of Mr. Blaine that the right of the
United States to protect the seal does not depend
upon the nature of their sovereignty over the

waters of Bering Sea, Lord Salisbury in his note

of May 22, 1890,” again recurs to that subject by
quoting Mr. Adams’s protest against the ukase of
1821, relying thereon to establish the right of
British subjects to fish and hunt throughout Ber-
ing Sea outside the three-mile limit, which right,
granting it to exist, Mr. Blaine had already stated,
would not afford the requisite justification.®
1 Appendix to Case of the United States, Vol. I, p. 200.

* Appendix to Case of the United States, Vol. I, p. 207.
3 Appendix to Case of the United States, Vol. I, p. 202.

,
—.

THE ERRONEOUS TRANSLATIONS. 13

It thus appears that at the inception of this suns States
controversy the United States asserted no right tional agreement.
to sovereignty over Bering Sea, but souglit the
concurrence of Great Britain in an international
agreement for the protection of the seals, and that
it was not until after this effort had failed, on ac-
count of the opposition of the Canadian Govern-
ment,! that the Government of the United States
undertook a reply to Lord Salisbury’s assertion
that the treaties of 1824 and 1825 with Russia
precluded it from protecting the seals in Bering
Sea beyond the three-mile limit. It was in this
manner that the first four questions stated in the
Treaty of Arbitration were raised. It is not in-
tended to say that they did not occupy a promi-
nent place in the diplomatic correspondence, but
only to point out that, long before they had
arisen, the other and more important issues sub-
mitted to this Tribunal had been the subject of
elaborate discussion between the two Govern-
ments.

THE ERRONEOUS TRANSLATIONS OF CERTAIN
RUSSIAN DOCUMENTS.
.

Sometime after the United States Govern- Imposition prac-
i s ticed upon United
ment had delivered its Case to the Agent of Her States Govern-
: ‘ ment,
Britannic Majesty, it learned that an imposition

1 Appendix to Case of the United States, Vol. I, pp. 215, 216, 218,

14

THE ERRONEOUS TRANSLATIONS.

Imposition prac- had been practiced upon it by a faithless official,

ticed upon United

States Govern-gnd that it had relied on certain translations of

ment.

Partial restate-
ment of its Case

necessary.

Russian documents made by him, appearing in
the first volume of the Appendix to its Case,
which translations had in reality been falsified to
a considerable extent. Notice of this was im-
mediately given to the Agent of Her Britannic
Majesty, and as soon as possible he was furnished
with specifications of the false translations and
with revised translations of those documents
which the United States now retain as a part of
their Case. Copies of the revised translations
and of the notes sent by the Agent of the United
States to the Agent of Her Britannic Majesty in
connection with this matter have already been
delivered to each of the Arbitrators.

Some evidence which the United States Goy-
ernment had relied on, to prove that for many
years prior to the time of the cession of Alaska
Russia had prohibited the killing of fur-seals in
the waters frequented by them in Bering Sea,
thus turns out to be untrue; and it now becomes
necessary for the United States to restate, in part,
their position in respect to some of the questions
submitted to this Tribunal. In so doing they will
atthe same time introduce such criticisms upon,
or rebutting evidence to, the British Case as may

seem to be called for.
1 Post, pp. 151-174.

PERIOD PRECEDING THE TREATIES. 15

THE SITUATION ABOUT BERING SEA AND ON THE
NORTHWEST COAST DOWN TO THE TREATIES OF
1824-5.

Russia appears to have first definitely asserted Russia s colo-
her rights to the territory surrounding Bering nek see
Sea, and to the Northwest Coast of America bor-
dering upon the Pacific Ocean, in the ukase of
1799. It was clearly the intention of the Russian
Government, as manifested both by this ukase
and by its subsequent action down to the time of
the cession of Alaska to the United States, to
maintain a strict colonial system in the regions
above mentioned. And the records show that
down to a period as late as 1867, the year of the
cession of Alaska, Russia persisted in this policy,
although the control she exercised over those
distant regions was not always vigilant enough
to prevent a certain amount of unlawful trade
with the natives from being carried on there in
disregard of her prohibition.

The ukase of 1799 was directed against for- Ukase of 1799.
' eigners. Upon this point a quotation is given
from a letter from the Russian American Com-
pany to the Russian Minister of Finance under
date of June 12, 1824, as follows:' “The ex-
clusive right granted to the Company in the year
1799 imposed the prohibition to trade in those

1A facsimile of this document was delivered to the British Gov-
ernment on November 12, 1892.

16

Ukase of 1799.

Chapter I of

British Case.

Distinction be-
tween Bering Sea
region and Pacific
Ocean.

PERIOD PRECEDING THE TREATIES.

regions, not only upon foreigners but also upon
Russian subjects not belonging to the Company.
This prohibition was again affirmed and more
clearly defined in the new privileges granted in
the year 1821, and in the regulations concerning
the limits of navigation.” This interpretation of
the ukase of 1799 is sustained by the subsequent
history of those same regions.

In Chapter I of the British Case an endeavor
is made, however, to show that under the ukase
of 1799 Russia reserved to the Russian American
Company no exclusive rights as against foreign-
ers, and that for many years prior to 1821 the
waters affected by the ukase had been freely
used for all purposes by vessels of all nations.
This is sought to be made out by treating the
waters of Bering Sea and those adjoining the
Northwest Coast of America as a single area;* and
numerous instances are referred to in which
portions of this area, namely, the shores and
waters of the American coast east and south of .
Kadiak, were visited by foreigners for trade
with the natives.

The territories and waters which the British
Case thus confounds the United States have
carefully distinguished, and they take issue with
Her Majesty’s Government upon the point that

| British Case, p. 13.

PERIOD PRECEDING THE TREATIES. 17

“no claim has been advanced by Russia which Distinction be-
tween Bering Sea
could possibly render a distinction between a aaa
Behring Sea and the main Pacific of the slightest
importance” (British Case, p. 60). The United
States have devoted a portion of their Case,
under the title ‘Claims to the Northwest Coast”
(pp. 26 to 33), to showing that the part of the
American continent which is washed by the
North Pacific Ocean was being constantly visited
by vessels of all nations, and that serious con-
flicts arose as to the trading rights there. Indeed,
of all the voyages of foreign vessels, whether
for discovery or trade, enumerated at pp. 14 to
20 and 29 to 31 of the British Case, not more
than two or three relate to the shores and
waters of Bering Sea. The fact is, that, while
Russia’s title to everything south and east of the
Alaskan Peninsula was, in the early part of this
century, in serious dispute, her title to the
coasts north of this peninsula and to the Aleutian
Islands, based upon prior discovery and occupa-
tion, was admitted on all sides, and her rights
there were respected by all nations. This has
already been pointed out.
The British contention (British Case, pp. 33,
35, 64) that the United States contested Russia’s

1Appendix to Case of the United States, Vol. I, pp. 12, 13,
especially the extracts from the Quarterly Review and the North
American Review.

12364

2

18

PERIOD PRECEDING THE TREATIES.

Distinction be- title to any portion of the North American con-

tween Bering Sea

region and Pacific tinent is sufficiently disposed of by a remark -

Ocean,

Ukase of 1821.

Character of
control claimed

over Bering Sea.

made by Mr. Middleton, in which he shows that
he is merely denying her claims to any portion
of the coast east and south of Prince William
Sound, or thereabouts. He says, speaking of
the early Russian discoveries: ‘From these dis-
coveries Russia derives her rights to that long
chain of islands intervening between the western
and eastern continents, and even to a very con-
siderable portion of the continent of America—
rights which have never been contested.”*

The ukase of 1821, which was a renewed deec-
laration of the colonial system already referred
to, prohibited to foreign vessels the approach
within one hundred miles to the shores of Bering
Sea and to a large portion of the Northwest
Coast of America bordering on the Pacific Ocean.
The objects thereby sought to be accomplished
are set forth at pp. 38 to 40 of the Case of the
United States.

Much misconception exists in the British Case
as to the character of the control which the United
States claim was exercised or intended to be ex-
ercised by Russia within this limit. The Govern-
ment of the United States has already shown, at
p- 57 and pp. 295 to 303 of its Case, that it does

‘Appendix to Case of the United States, Vol. I, p. 13, and Amerie
can State Papers, Foreign Relations, Vol. V., p. 450,

PERIOD PRECEDING THE TREATIES. 19

not impute to Russia an intention to treat the one- ee
hundred-mile belt as territory belonging to her, over Bering Sea.
with the right to exclude therefrom vessels of

other nations for all purposes. Nor have the

United States any wish to dispute the construc-

tion given by the British Government at pp. 38

to 40 of its Case, so far as it is designed to show

that the main purpose of the ukase of 1821 was

the protection of Russian interests upon the

shores of the colonies, and that its maritime pro-

visions were only intended to serve the purpose

of effectually carrying out such protection.

The distinction between the right of exclusive Peeters ee
territorial jurisdiction over Bering Sea, on the diction claimed.
one hand, and the right of a nation, on the other
hand, to preserve for the use of its citizens its
interests on land by the adoption of all necessary,
even though they be somewhat. unusual, meas-
ures, whether on land or at sea, is so broad as to
require no further exposition. It is the latter
right, not the former, that the United States con-
tend to have been exercised, first by Russia, and
later by themselves.

The ukase of 1821 evoked strong protests, eee ond eae
and the character of these protests is explained at is teaties.
pages 50 and 51 of the Case of the United States.

It is further pointed out at pages 52 and 53
that in the treaties resulting from these protests

20

Protests against
ukase, and result-
ing treaties.

Case of the
Pearl.

PERIOD PRECEDING THE TREATIES.

a clear distinction is intended to be drawn be-
tween the Pacific Ocean and Bering Sea, and
that by formally withdrawing the operation of
the ukase as to the Pacific Ocean, but not as to
Bering Sea, a recognition of its continued opera-
tion over the latter body of water was necessa-
rily implied. The chief evidence, aside from that
contained in the treaties themselves, upon which
the United States rely to establish this conclusion,
is the seventh paragraph of the conference report
of the Russian imperial committee, appointed in
1824, which report is referred to at page 54 of their
Case.’

At pages 57 and 73 of the British Case an
incident arising out of a voyage of the American
brig Pearl is cited to prove that, in the year fol-
lowing the promulgation of the ukase, Russia
acknowledged the maritime jurisdiction claimed
therein to be without warrant as to any of the
waters to which it related. The facts of the case
are not, however, susceptible of such an inter-
pretation, as will appear from the following:

(1) The Pearl was in the year 1822 suddenly
ordered out of the harbor of New Archangel,
where she had been lying for nearly a month?

(2) The day following she was boarded by the

1 The revised translation of this report appears in the Appendix
to the Counter Case, p. 157, and should be consulted,
2 Post, p. 175,

PERIOD FOLLOWING THE TREATIES. at

Russian cruiser Apollo, but there is no evidence oe
to show that this boarding occurred in extrater-

ritorial waters; on the contrary, the just inference

from the words used in the protest ‘Ordered to

leave the coast immediately,” and from the single

casual mention of the occurrence, is that it took

place near the shore.’

(3) The owners not only pleaded complete
ignorance of the ukase (and in this they were
sustained by the fact that the vessel had sailed
before the United States had received notice of
the same), but they distinctly admitted that they
would have obeyed its injunctions had they
known of it.? 2

(4) The Russian Government insisted up to

the very last that the Pearl had violated Rus-
sian law, and that the indemnity was paid only
with a view ‘‘to cement those amicable relations
to which the convention of April 5-17 has Be

added new value. ne

PERIOD FOLLOWING THE TREATIES.

The strict colonial system, inaugurated by continuation of
colonial system.

Russia through the ukase of 1799 and recognized
in express terms to exist by the treaties of 1824
and 1825, was continued throughout the period

2 Post, p. 177.
3 Post, p. 180.

22 PERIOD FOLLOWING THE TREATIES.

following the celebration of those treaties, and
clear evidence of this is furnished by the case of
wigs? °F the Lethe Loriot, cited at pp. 79 to 83 of the British
Case. Deeming this incident only indirectly
relevant to the question of right in and about.
Bering Sea, the United States dismissed it in
their Case with a very brief mention ;’ but the
importance given it by the British Government
now requires a more complete statement of the
facts and issues involved.

The ‘treaty of 1824 granted for a term of ten —
years certain trading privileges‘upon the coast
between Yakutat Bay and latitude 54° 40’ north.’
On May 19, 1835, the United States were noti-
fied by the Russian Minister that the privileges
had come to an end and that the captains of two
American vessels at Sitka had been requested to
take notice of this fact. The United States there-
upon initiated strenuous efforts to obtain a re-
newal of the privileges in question, and while
doing so news was received of the seizure by the
Russians of the Zoriot, an American vessel, for —
trading upon the Northwest Coast, in latitude 54°
55’ north, 7. e., just above the southernmost limit
referred to in the treaty of 1824.

1 Case of the United States, p. 59.
2 Case of the United States, p. 58.

PERIOD FOLLOWING THE TREATIES. 23

Vigorous protests followed on the part of the Case of the Lo.
United States and compensation was.demanded,
the protests being used to strengthen the claim
already put forward for a renewal of the ten years’
privileges. A summary of the diplomatic corre-
spondence will be found in the Appendix hereto.
It is sufficient to say here that the Russian Govern-
ment was so obdurate in its refusal to recede
from its position, that the United States Govern-
ment was eventually compelled to recognize the
correctness of the same and to completely aban-
don its claim. In so far, then, as the Loriot case
has any bearing upon the questions here in-
volved, it shows that the United States Govern-
ment recognized and acquiesced in the colonial
system which Russia maintained, even to the
south of Sitka.

Chapter1V of the British Case treats ofthe waters, Chanter IV of
of Bering Sea and the Pacific Ocean adjacent to
the Northwest Coast during the period following .
the treaties. Some of the vessels referred to as
having made voyages to those regions visited the
Northwest Coast only where, it is to be remem-
bered, for ten years after the treaties trade was car-
ried on by American and British citizens with the
express consent of the Russian Government. After
1835, however, most of the voyages that extended
OSCE er Se ges fo Jay a 2 YR

24 PERIOD FOLLOWING THE TREATIES.

gCbapter TF \ of to the coast north of latitude 54° 40’ were in
violation of Russian law. All violations may not
have been punished, but that the law was none
the less in force is shown by the seizure of the
Loriot, by the proclamation of the United States
Government in 1845,’ and by the proclamation
of the Russian Government in 1864.”

Wale ei Later, however, especially in the years follow-
ing 1840, Bering Sea was actually visited, as
pointed out at pp. 83 to 90 of the British Case,
by numerous vessels, mostly whalers. But it
is shown by Bancroft, the author so frequently
quoted by the British Government, that the
whaling industry was not, for the Russians, a
profitable one,’ and there appears to have been
no motive for protecting that industry by the
imperial ukase or the regulations of the colo-
nial government. Bancroft is also referred to
in the British Case (pp. 83 and 84) to show

that in 1842 the Russian Government refused
Ktholin’s request that Bermg Sea be protected
against invasions of foreign whalers, on the
ground that the treaty of 1824 between Russia
and the United States gave to American citi-
zens the right to engage in fishing over the
"A Gase of the United States, p59.

® Post, p. 164.
3 Bancroft’s Alaska, p. 584.

PERIOD FOLLOWING THE TREATIES. 25

whole extent of the Pacific Ocean. From what Visits of whal-
is said, however, by this same author immedi- ear
ately following the above citation, it appears

that, through the endeavors of Etholen, ‘the
Government at length referred the matter to a

committee composed of officials of the navy

department, who reported that the cost of fitting

out a cruiser for the protection of Bering Sea

against foreign whalers would be 200,000 roubles

in silver and the cost of maintaining such a craft

85,000 roubles a year. ‘To this arecommendation

was added that, if the company were willing to

assume the expenditure, a cruiser should at once

be placed at their disposal.”* Hence, accord-

ing to Bancroft, the failure to protect Bering

Sea can not be traced to the fact that the Russian

Government considered it had lost the right to

do so by the treaties of 1824 and 1825.

The position of the United States does not, | Risht to protect

ale not relin-
however, depend on the foregoing explanation 4uished.

being the true one. Why Russia claimed to

guard her coasts for a distance of 100 miles has

already been pointed out; and from the fact that,

for whatever reason, she may have suffered the

carrying on of whaling or of any sort of fishing

in Bering Sea, it does not follow that she relin-

1 Bancroft’s Alaska, p. 583. e

26

PERIOD FOLLOWING THE TREATIES.

quished her clear right to protect her seal herds
on their way to and from their breeding grounds.

Evidence of Kyenas to the whalers this much is certain:

surveillance over
Bering Sea.

their movements were, after the year 1850, or
thereabouts, closely watched; and in support of
this, and of the broader proposition that a
general surveillance was exercised over the colo-
nial seas, the following evidence is offered.

It appears that in 1849 foreign whalers visited
the Pribilof Islands. This evoked from the
board of administration of the Russian American
Company a letter to the chief manager, dated
July 13, 1850, in which it is said: ‘At the
same time the board of administration ex-
pects that you, like your predecessor, have
taken all necessary measures for guarding the
Pribilof Islands, which are of such importance to
the Company, from a repetition of similar attempts
on the part of foreigners. In future, and until
the clearing of those waters from whalers by
means of a cruiser, of whose sending the
board has already received information, you are
directed to order the Company’s cruisers to pay
particular attention to the Pribilof Islands.”?

On the 18th of April, 1852, the board of admin-.
istration again wrote the chief manager concern-
ing the visits of foreign whalers, and stated that

1 Post, p. 199.

PERIOD FOLLOWING THE TREATIES. 27

it had requested the governor-general of East- Evidence of
surveillance over

ern Siberia, ‘‘in order to save the Company from Bering Sea

injury caused by such occurrences, to issue in-

structions, making it the duty of such armed

cruisers as his excellency may have at his dispo-

sition to patrol the colonial seas, especially

around the Commander Islands,” where the for-

eign whalers were reported to assemble in great

numbers in the summer season. Continuing, the

board directed the chief manager “to fit out a

Company’s cruiser, independently of the naval

cruiser, and to instruct it to cruise in those places

where, on close investigation, it may appear nec-

essary.”*

On the 20th of March, 1853, the board of
administration of the Russian American Com-
“pany wrote to the chief manager, giving full
directions as to the disposition to be made of
the colonial fleet in that year. One vessel was
to ‘be sent at the end of April to cruise and
keep a watch over the foreign whaling vessels
in the southern part of Bering Sea and along the
Aleutian group,” and this vessel was to cruise
throughout the above district continually, enter-
ing port only in cases of necessity. Another
vessel was to proceed to the northern part of
Bering Sea and there do duty as a cruiser ‘‘to

keep watch over the foreign whalers and the
1 Post, p. 200.

28 PERIOD FOLLOWING THE TREATIES.

pet ed cameae f Englishmen with regard to the trade carried on
Bering Sea. by them with our savages.”? |
One of the concluding injunctions of this letter
to the chief manager is as follows: ‘That the co-
lonial seas, so far as possible, be visited in every
part by the Company’s cruisers for the pur-
pose of keeping watch over the foreigners, and
for this purpose, in giving instructions to our crui-
sers, that you conform yourself to the intended
movements of the Company’s whaling vessels,
which can also do duty as cruisers if they are
carrying on their fishery in Bering Sea, and pro-
vide that the Company’s vessels designated for
visiting the many islands of the colonies be, so
far as possible, under the command of naval
officers.” *

On the 20th of June, 1861, the chief manager
wrote to Benzeman, of the imperial navy: ‘It
has come to my knowledge that two whal-
ing vessels have been sent this year from San
Francisco to trade on the Pribilof Islands. I
therefore request your excellency, during the
time appointed for your voyage, to do duty as a
cruiser on the exact basis of the instructions
herewith inclosed, which have been approved by
the Emperor.””

1 Post, p. 161.
2 Post, p. 162.

PERIOD FOLLOWING THE TREATIES. 29

While it does not appear from any of the fore- ae aes 8 tae
going documents to what distance from the shores evidence.
of Bering Sea Russia actually sought to protect
her colonies against inroads from foreigners, yet
there is nothing to show that she had in the
meanwhile receded from the position taken in the
ukase of 1821 and sanctioned, as the United
States claim, by the resulting treaties. On the
contrary, the broad language in which a patrol
of the colonial seas is directed to be instituted,
especially about the Pribilof and Commander
Islands, strongly suggests that even at this late
period Russia was still safeguarding her colonial
interests by all necessary means.

It is true, no instance appears to have been
recorded where a vessel was warned or seized
for actually killing fur-seals in the waters of
Bering Sea. But in view of what we know of
Russia’s solicitude and care for her sealeries,
especially in the years following 1836, it can not
be doubted that such killing, had it occurred,
would have been regarded as unlawful. In mak- cn ;

Russia’s action
ing this assertion the United States believe they iv 189.
are fully sustained by Russia’s action during the
summer of 1892. In that year sealing vessels
assembled in great numbers about the Com-
mander Islands and killed fur-seals in the extra-
territorial waters surrounding this group. Russia,

30 PERIOD FOLLOWING THE TREATIES.

coe ph ee anticipating that her seal herd would be thus
preyed upon, had dispatched to those waters in
the early part of the season two cruisers, which
seized six vessels, five of them British and one of
them American, carrying them in from a distance
greater than three miles from any land.
Final observa- In conclusion, and by way of final observation

tions upon histori- : :
eal and jurisdie-wzpon this branch of the controversy, the United

tional questions.

States Government has only to say that in its
view the whole subject of the character and ex-
tent of the Russian occupation and assertion of
right in and over Bering Sea, and all the diplo-
matic discussion which has taken place in refer-
ence thereto, is of secondary and very limited
importance in the consideration of the case sub-
mitted to the Tribunal, and it relies upon the
evidence submitted in respect to that subject as
showing only:

First. That soon after the discovery by Russia
of the Alaskan regions, and at a very early pe-
riod in her oécupancy thereof, she established a
fur-seal industry on the Pribilof Islands and
annually killed a portion of the herd frequenting
those islands for her own profit and for the pur-
poses of commerce with the world; that she car-
ried on, cherished, and protected this industry
by all necessary means, whether on land or at

1 Post, p. 201.

PERIOD FOLLOWING THE TREATIES.

sea, throughout the whole period of her occu-

ol

Final observa
ions upon histori

pancy and down to the cession to the United eal and jurisdic-

States in 1867; and that the acquisition of it was
one of the principal motives which animated the
United States in making the purchase of Alaska.

Second. That by no act, consent, or acquies-
cence of Russia was the right renounced to carry
on this industry without interference from other
nations, much less was a right in other nations
to destroy it in any manner admitted or recog-
nized; and that no open or known persistent
attempt had ever been made to interfere with it
down to the time of the cession of Alaska to the
United States.

Third. That the claim now made by the United
States Government of a right to protect and de-
fend the property and interest thus acquired, and
which it has ever since sedulously maintained,
while in no sense dependent upon any right pre-
viouly asserted by Russia in the premises, is,
nevertheless, in strict accordance with, and in
continuation of, the industry thus established and
the rights asserted and maintained by Russia in
connection therewith.

tional questions.

32 PROTECTION AND PROPERTY RIGHTS.

THE RIGHT OF PROTECTION AND OF PROPERTY
IN THE ALASKAN SEAL HERD.

British view of At pages 11 and 135 of the British Case the
protection and e% : j :
property claims. proposition submitted in the fifth question of

Article VI, viz, whether the United States have
any right of protection or of property in the fur-
seals of the Pribilof Islands when found in extra-
territorial waters, is described as new in the

present discussion and as being of an unprece-

dented character; all of which the United States
deny.

peistory. Gaus Tn view of the correspondence which has re-

erty claims. sulted in the submission of the fifth question to
arbitration, this. declaration is most surprising.
As early as August 19, 1887, Mr. Bayard, in his
note, sent out with the hope of obtaining the co-
operation of all governments in the protection of
the seals, speaks of the ‘exceptional measures
which the peculiar character of the property in
question” might justify the United States in
taking toward its preservation.’ A similar state-
ment was again made by him March 2, 18882

3 oS Mr. Blaine, in his note to Sir Julian Paunce-

protection, fote of January 22, 1890, insisted on the right of
the United States to protect the seals, quite irre-
spective of any peculiar rights in Bering Sea.

1 Appendix to Case of United States, Vol. I, p. 168.
2 Appendix to Case of United States, Vol. I, p. 175.
3 Appendix to Case of United States, Vol. I, p. 200.

PROTECTION AND PROPERTY RIGHTS. chek

This note has already been referred to at some pee rine, Me
length (ante, p. 10), and some of the grounds have protection,
been pointed out upon which the United States
Government deemed itself justified in its action.

My. Blaine assimilated this right of protection to

that conferred upon Great Britain by her ‘‘owner-

ship” of the Ceylon pearl fisheries. Although

it is not specifically claimed therein that the

United States own the seals, yet the point is

strongly suggested, while the right of protection,
irrespective of strict ownership, is asserted in

clear terms.

On June 4, 1890, Mr. Blaine wrote to Sir Mr. Blaine as-
Julian Pauncefote: ‘‘May I ask upon what rh ladle
grounds do the Canadian vessels assert a claim,
unless they assume that they have a title to the
increase of the seal herd? If the claim of the
United States to the seals of the Pribilof Islands
be well founded, we are certainly entitled to the
increase as much as a sheep-grower is entitled to
the increase of his flock.”*

On the 17th of December, 1890, Mr. Blaine Jurisdictional
addressed to the British Minister an exhaustive true co oa
note in relation to the construction of the ukase
of 1821 and the treaties of 1824 and 1825.?
Notwithstanding the earnestness and vigor with

1 Appendix to Case of United States, Vol. I, p. 219.
2 Appendix to Case of United States, Vol. I, p. 263,
12364——3

34

Jurisdictional
questions not the
true issue.

Mare clausum

doctrine inappli-
cable.

Mr. Phelps as-
serts ownership in
sealeriecs.

PROTECTION AND PROPERTY RIGHTS.

which he had defended his position based upon
those documents, he insisted at the close of his
note that he had not been dealing with the true
issues in the case; and he forthwith proceeded to
state those issues by quoting the following from
a dispatch written by Mr. Phelps when United
States Minister at London to Mr. Bayard, Secre-
tary of State, on the 28th of September, 1888:*
‘Much learning has been expended upon the dis-
cussion of the abstract question of the right of
mare clausum. I do not conceive it to be appli-
cable to the present case.

“Here is a valuable fishery, and a large and, if
properly managed, permanent industry, the prop-
erty of the nation on whose shores it is carried
on. It is proposed by the colony of a foreign
nation, in defiance of the joint remonstrance of
all the countries interested, to destroy this busi-
ness by the indiscriminate slaughter and exter-
mination of the animals in question in the open
neighboring sea, during the period of gestation,
when the common dictates of humanity ought
to protect them, were there no interests at all
involved. And it is suggested that we are pre-
vented from protecting ourselves against such
depredations because the sea, at a certain dis-
tance from the coast, is free.

1 Appendix to Case of United States, Vol. I, p. 287.

PROTECTION AND PROPERTY RIGHTS. 35

“The same line of argument would take under _ AM acts not jus-

tifiable because

its protection piracy and the slave trade, when poeeateal eh
prosecuted in the open sea, or would justify one
nation in destroying the commerce of another by
placing dangerous obstructions and derelicts in
the open sea near its coasts. There are many
things that can not be allowed to be done on the
open sea with impunity, and against which every
seais mare clausum. And the right of self-defense
as to person and property prevails there as fully
as elsewhere. If the fish upon Canadian coasts
could be destroyed -by scattering poison in the
open sea adjacent, with some small profit to those
engaged in it, would Canada, upon the just prin-
ciples of international law, be held defenseless
in such a case? Yet that process would be no
more destructive, inhuman, and wanton than this.

“Tf precedents are wanting for a defense so_ Growth ofinter-

national law.

necessary and so proper, it 1s because precedents
for such a course of conduct are likewise un-
known. The best international law has arisen
from precedents that have been established when
the just occasion for them arose, undeterred by
the discussion of abstract and inadequate rules.”

The views thus expressed by Mr. Phelps were The United

A ‘ if States adopt Mr.

declared by Mr. Blaine, in his note, to be the Phelps’s views.

views adopted by the Government of the United

States.

a6 PROTECTION AND PROPERTY RIGHTS.

_Lord Salisbury On the 14th of April, 1891, Mr. Blaine wrote

aie to Sir Julian Pauncefote: ‘In the opinion of
the President, Lord Salisbury is wholly and
strangely in error in making the following state-
ment: ‘Nor do they (the advisers of the Presi-
dent) rely, as a justification for the seizure of
British ships in the open sea, upon the contention
that the interests of the seal fisheries give to the
United States Government any right for that
purpose which, according to international law, it
would not otherwise possess.’

oeients arcing ~=—“The Government of the United States has

of Islands an steadily held just the reverse of the position which
Lord Salisbury has imputed to it. It holds that
the ownership of the islands upon which seals
breed; that the habit of the seals in regularly
resorting thither and rearing their young thereon;
that their going out in search of food and regu-
larly returnmg thereto, and all the facts and in-
cidents of their relation to the islands, give to the
United States a property interest there; that
this property interest was claimed and exercised
by Russia during the whole period of its sover-
eignty over the land and waters of Alaska; that
England recognized this property interest so far
as recognition is implied by abstaining from all
interference with it during the whole period of
Russia’s ownership of Alaska and during the

PROTECTION AND PROPERTY RIGHTS. S|

first nineteen years of the sovereignty of the Rights arising
out of ownership

United States. Itis yet to be determined whether of Islands _ and
habits of seals.

the lawless intrusion of Canadian vessels in 1886
and subsequent years has changed the law and
equity of the case theretofore prevailing.”
The correspondence also shows that the habits, Al! fets relat-

ng to property

of the seals, all the details as to their life on the Gaim, ly dis

Pribilof Islands, the character of their annual
migration, and all the facts necessary to support
the claims of protection and of property set up
by the United States, have been the subject of
careful investigation and discussion between the
two Governments.’

1 Appendix to British Case, Vol. III, Part 1, pp. 424-453, and
House Ex. Doc., No. 450, 51st Cong., Ist sess., pp. 15-51. At pp. 45
of Vol. III and 48 of the Ex. Doc. aforesaid, Dr. Dawson, one of
the British Bering Sea Commissioners, under date of March 5,
1890, discusses fully the facts upon which the property claim is
based.

See also Debates House of Commons, Dominion of Canada, 1888,
Vol. XXVI, p. 976. In aspeech made April 25, 1888, Mr. Baker,
M. P , quoted the following from the tenth census (1880) of the
United States: ‘‘The fur seals of Alaska collectively and indi-
vidually are the property of the general Government. * * *
Every fur seal playing in the waters of Bering Sea around about
the Pribilof Islands, no matter if found so doing 100 miles away
from the rookeries, belongs there, has been begotten and born
therein, and is the animal that the explicit shield of the law pro-
tects; no legal scepticism or quibble can cloud the whole truth of
any statement (sic).” Commenting on the foregoing, Mr. Baker
says: ‘‘It would appear that the United States revenue cutters are
going on some absurd contention of this kind in their seizure of
British vessels in the Behring Sea.”

38

Claim of protec-
tion and owner-
ship not new.

Case of the
Harviet.

PROTECTION AND PROPERTY RIGHTS.

The foregoing completely disproves the state-
ment at page 135 of the British Case that the
claim of protection and of ownership by the
United States in the fur-seals is new; and also
the statement at page 140 relating to the “ab-
sence of any indication as to the grounds upon
which the United States base so unprecedented
a claim.”

The British Case refers at page 136 to the case
of the American schooner Harriet for the purpose
of showing that the United States have denied to
other nations a right of protection and property
in seals when on the high seas. A careful exami-
nation, however, of the facts will readily show
that they fail to bear in any way upon the point
to prove which they were cited.

In 1831 one Vernet, who had been appointed
by the Republic of Buenos Ayres governor of the
Malvinas (Falkland) Islands, seized the Harriet,
charged with the taking of seals on those islands.
The American Chargé at Buenos Ayres protested
against the seizure, and a lengthy correspondence
ensued, all the material parts of which are given
in the Appendix hereto.’ From this correspond-
ence it is apparent:

First. That it was not the intention of either
Government to raise any question as to the juris-

1 Post p. 184-191.

PROTECTION AND PROPERTY RIGHTS. 39

diction over the high seas, or as to the rights of Case of the
protection or property in seals when found on

the high seas. Seals were never taken at the

Falkland Islands otherwise than on land, and the

Harrict was not charged with the offense of tak-

ing them on the high seas.

Second. The real question in the dispute was
whether the Republic of Buenos Ayres owned
the coasts upon which sealing had been in-
dulged in by the captured schooner, and upon
this point issue was actually joined by the two
Governments. The position assumed by the
American Chargé was that the Falkland Islands
were unoccupied and under the sovereignty of
no nation, and that, therefore, sealing on them
was open to all.

Third. It is true, the American Chargé asserts
that “the ocean fishery is a natural right,” and
that “every interference with it by a foreign

” and these assertions

power is a natural wrong ;
appear to be relied on at page 137 of the British
Case to defeat the claims of protection and prop-
erty now put forward by the United States. The
context’ shows, however, that, so far as sealing is
concerned, the Chargé was merely laying a foun-
dation for the proposition that, granting the title

of Buenos Ayres to the coast in question to be

1 Post, p. 190.

40

PROTECTION AND PROPERTY RIGHTS.

Case of theperfect, yet it was bare and uninhabited, and,

Harriet.

therefore, justice required that ‘the shores, as
well as the body of the ocean, ought to be left
common to all ;” which proposition, if established,
would have justified the act of the Harriet. The
accuracy of this proposition the United States are
not now called upon to discuss, since it has no
bearing upon the present issues.

In dismissing the case of the Harriet the United
States again insist that it is wholly irrelevant to
the present controversy, for the reason that no
occasion had arisen for the assertion of any right
to protect seals when away from land, and no
such right was, in fact, either asserted or denied
by either party.

Pet) SECOND.

Pedic, OF ie UNIEBED:STATES TO THAT
PORhION. OF THE GCASE- OR GREAT BRIT-
Palen OO NEAT rb iN. PEE «REPORT. ‘OF
THE BRITISH -COM MISSIONERS.

4}

PART SECOND.

Pet oY OF THE UNITEDSTATES TO THAT
Sen PON Or Nine \CASH MOF’ GREAT
BRITAIN CONTAINED IN THE REPORT
OF THE BRITISH COMMISSIONERS.

THE BRITISH COMMISSIONERS AND THEIR REPORT.

The Report, bearing date June 21, 1892, of the
Commissioners of Great Britain, which is herein
treated as the second part of the British Case, was
delivered to the Agent of the United States and
to the Arbitrators in pursuance of an agreement
reached by a diplomatic correspondence between
the two Governments, already cited (ante, p: 2),
but not until the 25th of October, 1892, and after
the lapse of seven weeks from the delivery of the
original British Case.

The character of the Report will be discussed ,,
somewhat in detail in the following pages, and
it is considered to be proper that some observa-
tions should be made at the outset as to the
composition of the Commission. In 1891, when
the subject of a Modus Vivendi, as preliminary to
the contemplated Treaty, was under discussion,

The Bering Sea
ommission.

43

A4

THE BRITISH COMMISSIONERS -

The Bering Seait was proposed in the course of the correspond-

Commission.

ence that a “‘ Jomt Commission” be appointed to
investigate the facts in relation to seal life, with
a view of obtaining beforehand information .
which might be useful to the contemplated Tri-
bunal of Arbitration in the discussion of meas-
ures for its protection and preservation, should
that subject be submitted to the Tribunal;* and,
while the formal constitution of the Commission
was reserved as a subject to be disposed of in
the contemplated Treaty, it was deemed expedi-
ent that, in the meantime, two agents should be
designated on the part of each Government, im-
mediately after the signature of the Modus
Vivendi, to begin such an investigation.

The Modus Vivendi was signed on the 15th of
June, 1891, and as early as the 3d of July of
the same year the Acting Secretary of State
proposed to Her Majesty’s Minister in Washing-
ton “that arrangements be made to have these
agents of the respective Governments go together,
so that they may make their observations con-
jointly.” On July 6, 1891, the Minister
answered that, having communicated this pro-
posal to Lord Salisbury, his lordship replied
“that a ship had already been chartered to take
the British Commissioners to the seal islands,”

1 Appendix to Case of the United States, Vol. I, pp. 305, 311, 312,

AND THEIR REPORT.

but that they would be instructed “to codperate
as much as possible” with the United States
Commissioners." It appears from the Report of
the British Commissioners that the only inter-
course had by them with the Commissioners of
the United States was during ‘several days” on
the Pribilof Islands (See. 12), while “the cruize
in the North Pacific occupied nearly three
months” (Sec. 20).

The manner in which the British Commission-
ers conducted their investigations and the spirit
which actuated them may in part be inferred from
the account which one of them, then a member
of the British Parliament, gave publicly to his
constituents after his return to England*. The
agreement for the constitution of the Joint Com-
mission was actually made and signed on Decem-
ber 18, 1891, before the Treaty was executed,
and Secretary Blaine, on being advised, Febru-

45

The Bering Sea
ommission.

The British

Commissioners.

Secretary

Blaine’s note to

ary 6, 1892, by Her Majesty’s Minister of the Sir J. Pauncetote.

names of the British Commissioners, and that they
had arrived in Washington and were ready to
enter into conference with the Commissioners of
the United States, felt it necessary to address the
Minister a note, expressing regret that the British
Government had selected persons who seemed

1 Appendix to Case of the United States, Vol. I, p. 322,
2 Post p. 418.

46 :

Secretary
Blaine’s note to
Sir J. Pauncefote.

THE BRITISH COMMISSIONERS

“disqualified for an impartial investigation and
determination of the questions to be submitted

Meetingsof theto them.” The Commissioners of the two Gov-

Joint Comnnission.

Report of British

Commissioners.

ernments, after conferences during the period
from February 8 to March 4, 1892, adjourned,
and the Report now under consideration is the
one subsequently prepared by the British Com-
missioners and which has been delivered to the
United States and the Arbitrators as a part of the
British Case.

The bulk of the matter contained in this Report
relates to points considered with considerable
fullness in the Case of the United States, and
may so far be regarded as presenting questions
to be dealt with by the printed and oral argu-
ments provided for-by the Treaty; but it also
embraces matters of allegation, in support of the
positions taken upon the part of Great Britain,
which have not been dealt with by anticipation
in the Case of the United States; and also mat-
ters of evidence, bearing upon points dealt with
in that Case, the truth or sufficiency of which
are denied by the United States.

1 Appendix to Case of United States, Vol. I, p. 348; and Dr.
Dawson’s paper, Appendix to British Case, Vol. 3, United States
No. 2 (1890), p. 450.

AND THEIR REPORT.

These subjects and also the schemes of regu-
lations proposed in the Report' constitute matter
which should be dealt with in this Counter
Case. It will be treated of under appropriate
heads.

1 NotEe.—The term ‘‘ Report” as used herein refers to the Report
of the Bering Sea Commissioners, unless otherwise specified; and
the term ‘‘Case” refers in the same manner to the Case of the
United States. All references in the text of this portion of the
Counter Case to sections or pages refer to sections or pages of the
Report of the British Bering Sea Commissioners, unless otherwise
specifically stated,

47

Report of British

Commissioners.

Intermingling of

the Alaskan
Russian herds.

48

anit

FIRST.

MATTERS IN RELATION TO WHICH THE REPORT
AND THE CASE OF THE UNITED STATES MATE-
RIALLY ‘CONFLICT, AND CONCERNING WHICH
PROPOSITIONS OR FACTS ARE ALLEGED IN THE
REPORT WHICH HAVE NOT BEEN CONSIDERED IN
THE CASE OF THE UNITED STATES.

HABITS OF THE FUR-SEALS.
1. Distribution of seals in Bering Sea and the sug-
gested intermingling of the Pribilof and Comman-
der seal herds.

The British Commissioners, in considering the
intermingling of the two herds, after stating the
fact that the Pribilof herd enters aud leaves Ber-
ing Sea by the eastern passes of the Aleutian
Islands and referring to certain statements made
in the Report as to migration, continue: ‘These
circumstances, with others which it is not neces-
sary to detail here, are sufficient to demonstrate
that the main migration routes of the seals fre-
quenting the Commander Islands do not touch
the Aleutian chain, and there is every reason to
believe that, although the seals become more or
less commingled in Bering Sea during the sum-
mer, the migration routes of the two sides of the
North Pacific are essentially distinct.” (Sec.
198.)

DISTRIBUTION IN BERING SEA. 49

Again, in considering this question, after mak- _Interminglingof

the Alaskan and

ing practically the same statement, that the mi- Russian herds.

gration routes are distinct, the Commissioners

add ‘“* * * it is believed that, while to a

certain extent transfers of individual seals or of

small groups occur probably every year between

the Pribiloff and Commander tribes, that is

exceptional rather than normal” (Sec. 453). In

spite, however, of these admissions that all inter-

mingling of the two herds is abnormal and infre-

quent, they still assert that such interchange takes

place (Sec. 170). In support of such an assertion

two charts are presented in the Report (Nos. [I] Charts Nos. II
and IV of the Ke-

and IV, facing p. 150) purporting to give the pert.

distribution of seals in Bering Sea during two

periods, namely, July 15 to August 15 and Au-

gust 15 to September 15 (Sec. 213). The chart jou Ne II of

also, which purports to show the resorts and

migration routes of fur-seals in the North Pacific

(No. I, facing p. 150), assumes a similar distri-

bution.

The data, from which these charts as to the bee ch
distribution of seals in. Bering Sea were con- compiled.
structed, are stated in the Report to be the seal-
ing logs kept by the American and British
cruisers in Bering Sea during the season of 1891
and ‘‘information on the same subject * * *
sought in various other ways, such as by inquiry

123644

50 HABITS OF THE FUR-SEALS.

bats from which from the captains and hands of sealing vessels
compiled. met.in Victoria and-Vancouver and from the in-
habitants of various places touched at during the
ayRsniliciency ofsummer” (Sec. 210). The United States deny
that the data collected by the American and
British cruisers warranted such construction of
the charts Nos. III and IV or of that part of
chart No. II which purports to give the summer
resort of the two great seal herds. And the
United States claim that the “information” ob-
tained “‘in various other ways” should have no
influence upon the Tribunal, inasmuch as the
evidence or statements thus relied upon are not
presented and the Commissioners have even
failed to give the names of their informants.
Hips as data Jtis evident, from the particular manner in
which the Report describes the way in which
the data collected by the war ships of the two
nations were taken (Secs. 210, 212, 213), that
such data were their principal source of informa-
tion; but it is contended that the observations
of seals, reported by the vessels, do not sustain
the assumed density and distribution of seal life
in Bering Sea which is made to appear by the
charts above referred to. In support of these
denials the United States produce the copies of
the data relied upon, compiled from the seal logs
of the British cruisers by the British Commis-

DISTRIBUTION IN BERING SEA. 51

sioners, and by their courtesy furnished to this sepapetpal. data
Government, and the data compiled from the seal
logs of the American vessels.1| The attention of
the Arbitrators is particularly directed to the
area of sea between the Pribilof and Commander
Islands, the extent covered by the cruises in that
section, and the number of seals there observed.

The United States also present in support of | Chart of cruises
their contention on this question a chart showing i aaa
the cruises of American vessels in Bering Sea
during the summer of 1892, which vessels made
particular observations as to the density and
locality of seals in Bering Sea.? This chart is
compiled by the Navy Department of the United
States from the logs of the American Bering Sea
squadron on file in that Department, and it dem-
onstrates how completely the sea areas about
the Pribilof Islands were covered by the obser-
vations of 1892.

The United States also present in support of PE LNs
their position on this question a chart, compiled ;
from the seal logs of said vessels, kept in the
same manner as those of 1891 by each vessel
of the squadron, which chart shows the num-

1Charts of cruises and seals seen, 1891, Nos. 1 and 2. Portfolio
of maps and charts appended to Counter Case of the United States,

2 Chart of cruises, 1892. Portfolio of maps and charts appended
to Counter Case of the United States,

52

HABITS OF THE FUR-SEALS.

Sealing chart, ber of seals seen, the locality where observed,

=e

and the date of the observations.’ A comparison
of this chart with the sealing chart submitted
with the Case of the United States,’ the charts
giving the data from which the British Commis-
sioners drew their inferences,’ and the chart show-
ing the cruises of the American squadron in
1892,* demonstrates conclusively the lack of
evidence to sustain the Commissioners’ assertion,
and shows that the assumed distribution of seals
in Bering Sea, exhibited by charts Nos. I, III,
and IV of the Report, is unwarranted and mis-
leading.’ It may also be noted that the Com-
missioners in chart II make it appear that the
Commanderand Robben Island seals intermingle;
this is, however, specifically denied by Mr. Greb-
nitzki, the Russian official so often quoted in the
Report.°

‘Seal Chart, 1892. Portfolio of maps and charts appended to
Counter Case of United States.

2Sealing chart. Portfolio of maps and charts appended to Case
of the United States. No. 4.

3 Charts of cruises and seals seen 1891, Nos. 1 and 2. Portfolio
of maps and charts appended to Counter Case of the United States |

4Chart of cruises, 1892. Portfolio of maps and charts appended
to Counter Case of United States.

5See also Capt. Hooper’s investigations in 1892 as to range of
Pribilof seal herd in Bering Sea. Report September 6, 1892, post
p. 216.

6 Post p.363. Mr. Grebnitzki, the Russian military chief on the
Commander Islands, is so often cited by the British Commissioners
that the attention of the Arbitrators is particularly directed to his
statements, hereto appended, post pp. 362-367,

ALLEGED PROMISCUOUS NURSING OF PUPS. 53

2. The alleged promiscuous nursing of pups by
Female seals.

The United States deny that the statements | Promisonons
made in the Report, in support of the assertion
that a cow will nurse pups other than her own,
are based on evidence sufficient to establish the
facts alleged.

The two most prominent authorities relied on , Plliott and Bry-
in the Report are Mr. Henry W. Elliott andi the Report.
Capt. Charles Bryant, the former being quoted
over fifty times in the first one hundred and forty-
five pages, and the latter forty times in the same
space. Yet the opinions of these two observers
are to. the contrary on this point; and, while
their opinions are taken without reservation on all
points favorable to the conclusions of the Com-
missioners, they are, in respect to this question,
characterized as a “theory” (Secs. 320, 322, 323)
and “not proven” (Sec. 821).?

The Report attempts to disparage Mr. Elliott's , Cow’ See
opmion by quoting him to the effect that the
female seems to possess no natural affection for
her offspring (Sec. 322), but fails to state that
Sir F. McCoy, F. R.8., also quoted in this con-
nection (Sec. 324), publishes, in his article
referred to in the Report, a letter from an in-

"See also N. A. Grebnitzki, post p. 366; Dampier’s statement,
Report, Sec. 848.

54 HABITS OF THE FUR-SEALS.

Se a formant, on whom he relies for his knowledge of
seal habits, in which the following statement is
made: ‘They [the cows] keep good watch and
care affectionately for their offsprmg. * * *

-T have seen three pups washed off the rocks and
the cows have immediately followed and brought
them on the rocks again in an astonishingly
rapid manner.”’ The attention of the Arbitra-
tors is also called to the testimony presented on
this point in the Appendix herewith submitted.?

plese y ree The Report admits that ‘analogy with most
other animals appears to favor this view” (See.
317), and that it “may hold in the case of the fur-
seal” (Sec. 318), but insists that the observers
have been misled by this analogy (Sec. 317) and
by the circuinstance that they have seen a cow
refuse to take the first pup she meets and select
another to be nursed (Sec. 323), adding that
such selection may be the mere act of finding a
pup which does not have the smell of fresh milk
about it (Sec. 323). And it is further suggested
that this selection may be made “perhaps by
monies ies sound” (Sec. 323). ‘Two authorities are particu-

Report. larly quoted in support of the position taken in

the Report: “Sir Samuel Wilson, M. P., the

1 Prodromus of the Zoélogy of Victoria, by Sir F. McCoy, F. R.S.,
decade VIII, p. 9.

2J.Stanley-Brown, p. 388; W. H. Williams, p. 398; C. H. Town-
send, p. 393.

ALLEGED PROMISCUOUS NURSING OF PUPS. 55

eminent Australian sheep-breeder,” who says, eigen
“it is common and easy to make ewes suckle Report.
other ewes’ lambs,” and then demonstrates how
difficult it is to do so (Sec. 325); and Mr. C. H.
Jackson, Government Agent in charge of the
Seal and Guano Islands of Cape Colony, who
asserts that ‘‘a cow will suckle any of the young
seal, whether her own or not” (See. 324).
As to the statements of Sir Samuel Wilson,
they are sufficiently in accord with the position
taken in the Case of the United States on this
- question to demand no criticism here. Mr. Jack- Ce Cee athe
son, on the other hand, makes a direct assertion authority.
on the subject which is opposed to the evidence
contained in the Case of the United States and
to the principal authorities of the British Com-
missioners. An examination of the report of this
gentleman (pp. 154, 155) fails to reveal upon what
knowledge he bases such a statement; and there
is no proof that he has ever seen the seal islands
of Cape Colony or even been informed by experi-
enced individuals respecting the habits of the
fur-seals found there. Under such circumstances
the United States insist that his statement is
unworthy of consideration as evidence.
The Report also alleges that “the same state- sir F. McCoy as
; 3 an authority.
ment [as Mr. Jackson’s] is made with respect to
the fur-seal of the Australian coast” (Sec. 324),

56

HABITS OF THE FUR-SEALS,

Sir F. McCoy asreferring in a footnote to the work of Sir F.

an authority.

McCoy, already mentioned herein. The fol-
lowing is the statement as it appears in the arti-
cle referred to and is an extract from the letter
of Mounted Constable Ardill, incorporated in full
in said article and republished in the Appendix
to this Counter Case :* ‘Should a cow die or be
killed, her pup is suckled by the other cows.
This I am told is the case, but I can’t vouch for
it.” This last noted authority, which appears
in the Report as Sir F. McCoy, proves to be a
mounted constable, who makes the statement on
a report so untrustworthy that he will not even
vouch for its truth.

The United States, therefore, claim that the
Commissioners have failed to advance a single
authority whose opinion is of value to support
their contention that a cow will suckle any pup
except her own, and that the contrary position:
taken by the United States and sustained by
ample evidence’ stands uncontroverted.

1 Ante, p. 53.

2 Post p. 292.

3N. A. Grebnitski, post p. 366, and testimony submitted with the
Case of the United States, Appendix, Vol. I, pp. 62, 104, 117,
875, etc.

WHEN COWS ENTER THE WATER.

3. Period at which the female seals go into the water.

The Report, without definitely stating that the ,

Position taken
y the Report and

female seals do not seek the water for from four the authorities.

to six weeks after the birth of their young, practi-
cally adopts the opinion of ‘Snegiloff” [Sniege-
roff], the native foreman on the Russian Islands,
as well as the statement once made by Capt.
Bryant on this subject, and supports these opin-
ions by reference to the Commissioners’ own
observations as to the relative number of cows
and pups on the rookeries at different times in
the season of 1891 (Sec. 306). The “very general
belief among natives on the Pribilof and Com-
mander Islands to the effect that the females do
not leave the land to feed while engaged in
suckling their young” (Sec. 307) can not be
accepted as evidence in the absence of names of
persons holding such belief; and the fact that two
females killed in September in the presence of
the Commissioners had no food in their stomachs
(Sec. 307) may be dismissed without considera-
tion, as at the time when these cows were killed
the Commissioners admit that the majority of the
cows were feeding (Sec. 306); and the number
killed is too small to establish the assertion
advanced in the Report.

The information also given by Her Majesty’s
Minister at Tokio—that ‘It is sometimes stated

58

Position taken
by the Report and
the authorities.

Capt. Bryant’s
statements.

HABITS OF THE FUR-SEALS.

that the breeding cows are in the habit of leav-
ing the rookeries to fish for the support of their
young, but the experienced authority on whose
remarks these notes are founded is not of this
opinion. He has never found food inside the
female fur-seal taken on the breeding grounds.”
(Sec. 307)—must be rejected for the reason that
the statement is based on no actual knowledge.

The reference, given in connection with Capt.
Bryant’s opinion, is to his report, made when he
was special Treasury agent in November, 1869,
and which is published in the Appendix herewith
submitted, so far as the same relates to the Pribilot
Islands. The statement referred to in the Report
is as follows: ‘The females go into the water to
feed when the pups are some six weeks old, leaving
them on the uplands.” In another portion of his
report Capt. Bryant says: “About the middle
of June the males have all arrived and the ground
is fully occupied by them. Soon after this the
females begin to come, in small numbers at first,
increasing as the season grows late, until the
middle of July.’ At another place he states:
“About the middle of July the females go from
the rookeries into the water’”” It is, therefore,

1 Post p. 275.
2 Post p. 278.
3 Post p. 276.

WHEN COWS ENTER THE WATER. 59

evident that the period could not have been six che Sia ep
weeks according to his own statements in 1869.

Ten years later, after eight years of experience

on the Pribilof Islands, he states: ‘‘The females

after giving birth to their young, temporarily re-

pair to the water and are thus never on shore all

at once.”*

He carefully omits to give any definite period
between the birth of the pup and the excursions
of the cow for food. This omission is of impor-
tance in this connection, as he prefaces his state-
ment at this time with the following note to Dr.
Allen: ‘You will understand that where any of
my former statements are omitted or changed, it
is due to correction made necessary by my longer

2

experience.”” It is evident, therefore, that Capt.

Bryant had publicly discarded the opinion used
by the Commissioners to maintain their position.

1 ° The one author-
One native of the Commander Islands is, there-jty for the Ro-

fore, the sole authority for the statement of the iodine
British Commissioners.
The United States deny the sufficiency of this Testimony of C.
H. Townsend.
evidence and offer the testimony of Mr. C. H.
Townsend, of the United States Fish Commission,

to sustain such denial and to prove to what extent

1Monograph of North American Pinnipeds, p. 386.
*Monograph of North American Pinnipeds, p. 382,

60

Testimony of C.
Il. ‘Townsend.

Testimony of J.
Stanley-Brown.

Affirmation of

its possibility by
the Report.

HABITS OF THE FUR-SEALS.

the nursing females had already extended their
food excursions even in the last days of July.*
The same witness states that on the 27th of
July, 1892, large numbers of the females were
away from the rookeries on St. Paul Island, and
that four-fifths of the seals on the breeding
erounds were pups.’ It may be noticed in this
connection that this was the same date at which
the British Commissioners arrived on the Islands
in 1891 (Sec. 759), when they state that ‘the
rookeries were still at their fullest” (Sec. 3). Mr.
Stanley-Brown, whose special study of seal life
on the Islands in 1891 and 1892 has made his
opinions of the utmost value, states that the
females leave the rookeries within fourteen or
seventeen days after the birth of their pups, and
he shows by what observations he became con-
vineed of the fact.?

4, Aquatic coition.

The Report states that ‘‘most writers,” tor cer-
tain reasons, have advanced ‘‘an erroneous state-
ment” that the place where fecundation of the
female seals occurs is on the land (See. 295).
The Commissioners affirm, on the contrary, that it
is not only possible for seals to copulate in the

1 Post p. 393.
2 Post p. 386.

AQUATIC COITION. 61

water,’ but that — act is of great frequency HB os o
when the males are insufficient in number on the the Report.
rookeries (Sec. 297). This allegation as to the

possibility of pelagic coition is stated in the

Report to be established by ‘ample proof”

(Sec. 246).

An examination of this ‘“‘ample proof” shows , The ples ae
that it consists of the following: The opinion of °itio..
Capt. Bryant, contained in his report to the
Treasury Department in 1869 (which, as has
been shown, is entirely superseded by his paper
in the ‘Monograph of North American Pinni-
peds”), and two statements made by him in
the latter work (Sec. 295), the references being
to pages 385 and 405 (footnote, p. 52), both
of which clearly allege the possibility of coition
in the water. Besides these statements of Capt.

Bryant, the Report quotes Mr. W. H. Dall, who
made a statement to Prof. Allen that the female
seal receives the male in the water (Sec. 296, p.
53). The remainder of the ‘ample proof” con-
sists of “special inquiries” made by the Com-
missioners, which “have fully confirmed Bryant’s
original statements, the evidence obtained includ-
ing that of four or five gentlemen who have had
long experience with the Pribilof and Com-

1 Mr. Grebnitzki, an authority recognized by the Report, de-
clares that he believes copulation in the water to be impossible,
Post p. 364,

62 HABITS OF THE FUR-SEALS.

athe pion mander Islands, and several intelligent and

coition. observant hunters who have been engaged in
sealing at sea” (Sec. 296). The latter general-
ization of information, in which neither the
names of the ‘four or five gentlemen” nor those
of ‘‘the intelligent and observant hunters” are
given, can not be considered in the light of proof
to substantiate the position of the Report on this
question.

It is a significant fact in connection with the
proofs advanced by the Commissioners that, not-
withstanding the observations made by these
officials on and about the Pribilof and Commander
Islands, they fail to have seen, or at least to re-
cord, a single instance in which the act of coition
took place in the water, although it would seem
that instances must have been frequent in the
waters about their vessel, if their statements as
to the scarcity of the adult males on the Islands
are to be accepted.

eee hai as As to the opinion of Capt. Bryant, relied upon
by the Commissioners, the attention of the Arbi-

trators is directed to his deposition submitted

with the Case of the United States... The other

W.H. Dallas an authority cited in the Report, namely, Mr. W. H.
pee Dall, gives the following testimony in relation to
pelagic coition, after saying that his statements

1 Appendix to Case of the United States, Vol. II, p. 6.

AQUATIC COITION. 63

“as to copulation in the water rest largely upon ps a as an
assumption,” and after reciting his observations
as to seals seen playing in the water: “I have
never had an opportunity to assure myself that
the pairs of seals seen playing in the water were
of opposite sexes, or, if they were, that their play
was of a sexual nature, or, if it was, that the act

was complete or effective.”*

In view of the facts stated and of the quantity Insu ficiency
; : : : ; “ of the evidence
of testimony on this point published with their advanced in the
Report.
Case,” the United States submit that there is no
proof, ‘‘ample” or otherwise, to support the as-
sertion that coition takes place in the water. (Sec.
246, p. 43.)
The United States further claim that the posi- Inconsistencies
of the Report.
tion taken in the Report on the question of when
the female seals leave the rookeries after the birth
of their young (ante, p. 57) is entirely inconsistent
with the proposition maintained by the Commis-
sioners ‘thatthe time of impregnation of the female
is not necessarily comprised within the period dur-
ing which she seeks the shore for the purpose of
giving birth to her young” (Sec. 297), and the
statement made in the Report that the breeding
females remain for several weeks on shore after
bearing their young (Sec. 30). As the period of
1 Post p. 359.

2Appendix to Case of the United States, Vol, II, pp. 14, 42, 165,
ete,

64

HABITS OF THE FUR-SEALS. ©

Inconsistencies gestation is stated by the Commissioners to be

of the report.

Late arrival of
the cows at the

Islands.

about twelve months (Sec. 434), coition in the
water would necessarily be four or even six
weeks (Sec. 306) later than the arrival of cows at
the Islands, which would necessitate the arrival
of the cows by as many weeks later the follow- —
ing year, since they give birth to their young
immediately upon landing (See. 30).

If the frequency of pelagic coition be as great
as alleged in the Report, the date of the arrival of
the cows would be growing continually later and
would be now much later than in former years. —
No proof is offered in the Report on this important
point. In opposition thereto the United States
Commissioners have appended to their report a
table showing the arrival of the various classes
of seals on the Islands,t and the United States
herewith submit on the same question the further
evidence of Maj. W. H. Williams, Special Treas-
ury Agent in charge of the Pribilof Islands,who
states that 95 per cent of the cows had given birth
to their young by July 12, 1891, showing the
arrivals must have been at the usual time,’ and of
Mr. Stanley-Brown, who arrived on the Islands
on the 9th of June, 1892, and who states that
some cows had arrived previous to that date.’

1 Case of the United States, p. 386.
2 Post p. 397.
3 Post p. 386,

MANAGEMENT. 65

MANAGEMENT OF .THE PRIBILOF ISLANDS AS THE AL-
LEGED CAUSE OF THE DECREASE OF THE ALASKAN
SEAL HERD.

The British Commissioners at several places in ee pounce sac
their Report admit that the regulations in force most perfect.
and the methods employed in taking seals on the
Pribilof Islands are the best that could have been
adopted, having been founded on the long expe-
rience of the Russian Government after nearly
a century of occupation (see Secs. 659, 676).

The Report further states that ‘from a tran-

scendental point of view the methods proposed

were appropriate, and even perfect, but in prac-

tical execution, and as judged by the results of

a series of years, they proved to be faulty and

injurious” (Sec. 662). It is, therefore, not the

methods, but the manner of their execution, which

-is the subject of criticism by the Commissioners.

Other than this general charge of faulty execu-_ Excessive kill-
tion, the one variation from the Russian methods ee
made by the United States which is disapproved
of in the Report is the number of seals allowed
to be taken (Sec. 659).

In establishing their assertion that the number ,, Proof eee
of seals annually killed on the Islands was excess- 1870-1880.
ive, it is insisted by the United States that the
Commissioners should be confined to the first
decade of the lease of the Pribilof Islands to the

Alaska Commercial Company (1871-1880), be-
12364——-5

66 MANAGEMENT.

eat gush be cause pelagic sealing was then too insignificant

1870-1880. to perceptibly affect seal life, and that any con-
sideration of the management subsequent to the
introduction of pelagic sealing, which is admit-
ted to be a factor ‘“‘tending towards decrease”
(Sec. 60), is irrelevant to the question at issue,
unless it can be shown that there was a sufficient ~
increase in the number of seals killed on the
Islands, or sufficient changes in the methods
employed in taking the quota, to materially affect
and deplete the seal herd, even without the intro-
duction of pelagic sealing.

Sane cae The United States admit that, after a decided

cided decrease. decrease in the birth rate of the seal herd has
been caused by pelagic sealing, the number al-
lowed by the lease to be killed was more than
the reduced herd could properly endure; but -
they assert that any evil effects resulting from
the management on the Islands is directly charge-
able to the conditions established by pelagic
sealing.

It was not until the year 1889 that the decrease
in the birth rate of the seal herd (which decrease
had been augmented annually by an ever in-
creasing fleet of pelagic sealers) became suffi-
ciently evident among the young male portion
of the herd to seriously attract the notice of and
to alarm the Government agents on the Islands,"

' Case of the United States, p. 184.

AN ALLEGED CAUSE OF DECREASE. 67

In that year for the first time the weight of skins Admission as to
fell below the average of former years.’ The titled decrease.”
report of the official in charge of the Islands
resulted in an immediate reduction of the quota
allowed by the Treasury Department at Wash-
ington, and in a curtailment of the time allowed
within which to take such quota.” Notwithstand-
ing the endeavors of the United States to meet
the new conditions created” by pelagic sealing
with restrictions upon slaughter, which were made
still more rigid in 1891, the herd continued to
become more and more depleted, and in 1892 a
decrease appears over 1891, though the con-
sensus of opinion of those on the Islands is that
in the last year the male seals have increased to
a limited extent.’
The United States, however, insist that the Irrelevancy of
such admission,
failure, if any, to take into account the ‘new
factor” (viz, pelagic sealing) is wholly irrelevant
to the true issue, and they have presented testi-
mony in relation to the management on the
Islands for the purpose of showing, and which
shows, that such management could not, under
normal conditions, have caused a decrease in the

Pribilof seal herd.

'Max Heilbronner, post p. 369 and table facing.
Case of the United States, p. 153.
3J. Stanley-Brown, post p. 385.

68 MANAGEMENT.

Vailure of Re- The Report fails to establish a single instance
port to show

ES eee where the management on the Islands or the

1380. methods employed thereon have been changed
since 1880 from the “appropriate and even per-
fect” system adopted in 1870, or where the
number of seals killed annually has been in-
creased beyond the annual quota of the first ten
years of the lease.

Reservation as " : . 2
Past) Soa The Government of the United States reserves

ae to another portion of this Counter Case the re-

peated and, as it conceives, very unjustifiable

insinuations of the Commissioners of the malfea- |

sance by United States officers, of fraudulent
practices of the Alaska Commercial Company

when lessees, and of collusion, necessarily im-

plied, by the London firm of C. M. Lampson &
Company; only stating here, that all such evi-
dent attempts to mislead the Tribunal of Arbi-
tration and to obscure the true issue are un-
founded in fact and unsupported by proof or
evidence of any sort.

All reference, therefore, to the management of
the Pribilof Islands subsequent to the introduc-
tion of pelagic sealing, when it became a factor
in the decrease of the seal herd, the United
States repeat, is irrelevant to the true issue—
the cause of the present depleted condition of
the Pribilof rookeries.

a

AN ALLEGED CAUSE OF DECREASE. 69

The alleged excessive killing of male seals y poubtagion of
must rest entirely on the proposition, which the sive killing.
Report endeavors to establish, that, by means of
this license to slaughter 100,000 young males on
the Islands, the breeding males have become so
depleted as to be unable to fertilize the females,
thus creating a decrease in the birth rate suffi-
cient to account for the present condition of the
Alaskan seal herd. 'T'o establish this, the Com-
missioners refer, among other things, to the re-
port to the Treasury Department in 1875 of
Captain Charles Bryant. This official did, as Captain Bryant
stated in the Report (Sec. 678), advise the Secre- aio, Cammanetsae
tary of the Treasury, in view of his observations, es
to reduce the number of the quota to 85,000
skins; but the true reason of this recommendation
is obscured in the Report by a collection of quota-
tions from various writings, of which he is the
author, and by placing an erroneous interpreta-
tion on his language.

The reasons for his report of 1875 are clearly Bs for his
shown by an examination of his testimony before
a committee of the House of Representatives in
1876. Captain Bryant there makes the follow-
ing statement: “In the season of 1868, before
the prohibitory law was passed and enforced,
numerous parties sealed on the Islands at will and
took about two hundred and fifty thousand seals.

70

MANAGEMENT.

Reasons for his They killed mostly all the product of 1866—67.

report.

In making our calculations for breeding seals we
did not take that loss into consideration, so that
in 1872~73, when the crop of 1866~67 would
have matured, we were a little short. These
seals had been killed. For that reason, to ren-
der the matter doubly sure, I recommended to the
Secretary a diminution of 15,000 seals for the
ten years ensuing: I do not, however, wish to
be understood as saying that the seals are all
decreasing—that the proportionate number of
male seals of the proper age to take is decreasing.

“(Q. The females are increasing ?

“A. Yes, sir; and consequently the number
of pups produced annually.”*

In 1872 the seals taken were principally four
and six years old and some of seven years old
were killed (Sec. 812). This was drawing from
the same class of seals killed in 1868,? which
would, had they been spared, have appeared on
the rookeries as breeders in 1873 and the years
thereafter.

The following year (1873) the class of skins
preferred were “three-year-olds” (Sec. 813), or
those born in 1870; the so-called “crops” of
1869 and 1870 would not have been fit to go on

1 Ho. Rep., 44th Cong., Ist Sess., Rept. No. 623, p. 99.
2 Appendix to Case of the United States, Vol. Il, p. 7.

AN ALLEGED CAUSE OF DECREASE.

the breeding grounds till 1875 or 1876, which
would correspond with Captain Bryant's state-
ment that the decrease in male life ceased in
1876 and breeding male seals began to increase
to such an extent in 1877 that he affirmed that
in two years (1879) the loss would be made
good (Sec. 679). This is further and fully ex-
plained by the same witness in his deposition
appended to the Case of the United States.’

The evidence presented in the Report, which
treats of the period from 1870 to 1880, consists
(1) of statements to the effect that 100,000 or
more skins could not be taken on the Islands
without depleting the herd, and (2) of other
statements or conclusions to the effect that the
male seals, both breeding and nonbreeding, had
decreased during the first decade of the lease of
1870. :

As to the first statements mentioned, it is in-
sisted by the United States that it is entirely ir-
relevant how many seals were taken on the
Islands annually, unless it can be shown that the
number killed resulted in a diminution of the
normal number of the seal herd, or at least the
male portion of it. The so-called proof, how-
ever, on this point which the Report presents as
to the Russian period of occupation is so mani-

1 Appendix to the Case of the United States, Vol. II, p. 7.

71

Reasons for his
report.

Divisions of evi-
dence.

Irrelevancy of
the first division.

Unfairness of
statements as to
Russian period.

72

MANAGEMENT.

Unfairness as to festly unfair that attention should be directed to

statements ‘as t

Russian period.

its misleading character. The Commissioners
state that from 1787 to 1806 the number of skins
taken was 50,000 annually; from 1807 to 1816,
47,500; and from 1817 to 1866, 25,000. The
desire is to suggest the inference that the killing
of 50,000 was excessive, the Report giving as a
secondary reason for the evident decrease the
‘nearly promiscuous slaughter (for the first part
of this period) of seals of both sexes and all ages.”

(Sec. 40.)
The United States contend that the ‘nearly

’ mentioned as a second-

promiscuous slaughter,’
ary cause, was the principal cause, and that the
expression ‘‘for the first part of this period” is
intentionally indefinite, though it appears from
the Report that the killing of females was not
prohibited until 1847 (Sec. 37, p. 8). The Report
states that in 1836 an exceptionally severe winter
caused a great mortality among the seals, so that
only 4,100 of all classes were observed on therook-
eries (Sec. 800), which reduced the birth rate for
a number of years and necessarily, also, the
annual number of skins secured. The inclusion
of this time of scarcity in all classes of seals in
the period of 1834 to 1866 is most misleading as
to the question of how many male seals can be
taken when the rookeries are in their normal

AN ALLEGED CAUSE OF DECREASE. 73

condition. An examination of the Russian docu- ee ee rs
ments herewith submitted shows that from 1860 1
to 1865, inclusive (when it may be assumed the
rookeries had recovered from the mortality of
1836 and the slaughter of female seals prior to
1847), the annual quota ranged from 45,000 to
70,000 on St. Paul Island alone, and that the
only reason why more were not taken was the
plethoric condition of the Chinese, Russian, and
American markets.’
The other class of statements or conclusions Second division
of evidence, °
advanced, to show that the breeding and non-
breeding seals decreased during the ten years
following the leasing of the Pribilof Islands in
1870, may be divided into three heads, namely,
(1) an alleged increased proportion of females to
breeding males, (2) an alleged recognition by
the lessees of the decrease of male seals, and
(8) alleged overdriving and resort to new areas
to obtain the quota. The first allegation is Comparisons of
harems 1870 and
based entirely on comparisons between the early 1890 irrelevant.
years of the lease of 1870 and the last two or
three years of the same (1889-1891). The
United States insist that such comparisons are
irrelevant, for, even if the breeding males were

disproportionately few during the latter years, it

1 Post pp. 193-199. Bancroft’s Alaska, p. 582: “In 1851, 30,000
could be killed annually at St. Panl Island alone, and in 1861 as
many as 70,000, without fear of exhausting the supply.”

74 MANAGEMENT.

es os the result of a decreased birth rate caused by —

1890 irrelevant. pelagic sealing. The United States, however,
deny that harems have increased ‘“‘from four to
eight times” over their size in 1870-1874.
(Sec. 54.)

of ne cuttaiiment Mr. Henry W. Elliott, who is relied on as an

Ee ct authority in this matter by the Commissioners to

‘show that the harems averaged from 5 to 20

cows in 1874 (Sec. 293), states, in the same pas-
sage from which the quotation used in the Report
has been extracted, that there are ‘many in-
stances where 45 or 50 females are under the
charge of one male,” and he closes his sentence
by stating that the average given is not entirely
satisfactory to himself.* This curtailment of Mr.
Elliott’s statement is in flagrant violation of the |
Commissioners’ Letter of Instructions, in which
Lord Salisbury says: “I need scarcely remind
you that your investigation should be carried on
with strict impartiality” (p. 2).

Harems in 1891. The Report fails to give any testimony to show
how many females constituted a harem in 1891,
and malses the statement, wholly unsubstantiated
by proof, that the harems have increased in size

“from four to eight fold.” (Sec. 54.)
ettblas of virile The present surplus of virile males has been
fully treated of in the Case of the United States,’

1United States Census Report, 1880, p. 36.
Case of the United States, p. 172.

AN ALLEGED CAUSE OF DECREASE. 75

and a photograph taken by Mr. Stanley-Brown sg Sarpiusio# virile
in 1892, at the height of the breeding season,

shows a number of vigorous bulls located on the

breeding grounds unable to obtain consorts.1. On gize of harems
July 19, 1892, Professor B. W. Evermann, of the oe

United States Fish Commission, a well-known

authority on subjects of natural history, counted

the number of bulls, cows, and pups on a section

of Lukannon Rookery, St. Paul Island, and the re-

sult was as follows: 13 bulls, 90 cows, and 211

pups.” If each cow in a harem was represented

by a pup, the average number to a bull would

be 15, certainly not an excessive number even

according to the Report.

The Commissioners also rely on a newspaper pele Wes
extract, which purports to be a summary of a re- Bee Elliott
port made by Mr. Henry W. Elliott in 1890 to the
Secretary of the Treasury, to establish several
alleged facts (Sec. 832). One of these state-
ments in this alleged summary (Sec. 433) is that
there were 250,000 barren females on the Pribi-
lof Islands in 1890 (Sec. 832, p. 40). This is
cited by the Commissioners to show the lack of
virile males on the rookeries in that year. An
examination of the extract as published in volume

!J. Stanley -Brown, post p. 386.
2B. W. Evermann, post p. 264,

76 MANAGEMENT.

Alleged sum- IIT of the Appendix to the Case of Great Britain

mary of a report

Paget Elliott (Parliamentry Paper C—6368, No. 2, 1891, p.
60) discloses the fact that this statement appears
after the signature of Henry W. Elliott, and it
can not, therefore, be construed as a portion of
such report. Furthermore, how the Commis-
sioners can question Mr. Elliott’s power to com-
pute the number of seals on the Islands, as they
have done, and still rely at all on his computa-
tion as to the number of barren females needs
explanation.

Mlegedrecogni- ‘he second mode by which they endeavor to

ace show a decrease in the seal herd prior to 1880
is by pointing to an alleged recognition thereof
on the part of the lessees in the reduction made
by them of their catch in 1875, and to an alleged
lowering of the standard of weights of | skins.
The Report proceeds as follows: “In the same
year [1875] the number of skins obtained was
considerably reduced in the face of a steady
market and before the decline in prices of the
two succeeding years” (Sec. 44). This state-
ment is clearly incorrect, as is shown by the
references cited. Another allegation as errone-

ous as the foregoing is contained in the state-
1 British Comrs. Rept., p. 182. Appendix to Case of the United

States, Vol. II, pp. 558, 585. Table of seals taken on Pribilof
Islands for all purposes, post p. 427.

AN ALLEGED CAUSE OF DECREASE. C7

ment of the Report that the standard of skins
was lowered from time to time, implying an

ees : gC Average weights
increasing scarcity of males (Sec. 694). In 1876 (Nin eaten,

the average weight of all the skins of the Alaska '*’°"8°:

catch was 8 pounds, which remained about the
average till 1886, the average weight being in
that year 103, pounds; from that time, coinci-
dentally with the increase of pelagic sealing, —
the weight dropped to 92 pounds in 1886, 85
pounds in 1887, 8} pounds in 1888, and finally
in 1889 to Tin pounds, the lowest standard ever
reached.! The United States, therefore, deny
the statements made in the Report as to the
reduction of the “standard of weights” (page
119, C).

The Commissioners also rely upon a statement The number of
alleged to have been made to them by Mr, Northeast Barns.
Daniel Webster that, in 1874 and 1875, from
35,000 to 36,000 skins were taken from North-
east Point rookery and that, since 1879, from
29,000 to 18,000 skins only had been taken
there, thus implying a large decrease in the seals.
resorting to this great rookery (Sec. 677). The
annual killings on Northeast Point are combined
ina table submitted herewith,’ which gives the
numbers annually taken thereon and the percent-

1 Max Heilbronner, post p. 369 and table facing.
? Table of seals killed on Northeast Point, post p. 427.

78

MANAGEMENT.

The number ofage to the whole number killed on St. Paul

seals taken from

Northeast Point. sland. From this table it appears that in 1873

Alleged resort
to reserved areas

in 1879.

26,369 seals.were taken, being 34.9 per cent of
the whole number; in 1874, 34,526, or 37.5 per
cent; in 1875, 35,113, or 39 per cent; in 1888,
33,381, or 39.7 per cent; and in 1889, 28,794, or
33.9 per cent. The average percentage for the
nineteen years during which the lease may be
said to have been in operation (some 3,400 only
having been taken the first year under the same)
is 81.4. The Commissioners give the number
taken in 1889 as 15,076, claiming the same to be
from official records, but the citation given is to
a report to the House of Representatives printed
in 1876 (Sec. 677). Evidently this is a clerical
error, but it deprives the United States of the
opportunity to examine the authority intended
to be cited.

The question of driving in 1879 from areas,
before reserved and untouched, is used in the
Report to show that the male seals had decreased
to such an extent as to compel the resort to these
hauling grounds. The Commissioners refer to
this in the following words: ‘‘ Whatever may
have been the detailed history of the seal inter-
ests on St. Paul in the intervening years, the
fact that in 1879 it became necessary for the first
time to extend the area of driving, so as to in-

vse

AN ALLEGED CAUSE OF DECREASE. a9

clude Zapadnie and Polavina rookeries, or the vt eee
hauling grounds adjacent to them, shows con- in 1879.
clusively that a great change for the worse had
already occurred at that date” (Sec. 684).
This statement is not in accord with the facts. No hauling
Prior to 1879 Polavina had been driven from served)
every year but two, and Zapadnie had supplied
its portion to the quota of skins every year of
the lease prior to 1879, as is shown in the
table cited.1| The United States, therefore, insist
that this statement in the Report should not be
considered, in examining the question as to the
cause of the decrease of the seal herd. The overarivingana
question of overdriving and redriving has already me He ae He
been fully treated of in the Case of the United sa
States;? it may be noted, however, that Mr.
Elliott is quoted as stating that overdriving was
first begun in 1879 (Sec 714), which is the year
mentioned in the erroneous statements, above
referred to, as to the commencement of driving
from Polavina and Zapadnie.
It is insisted by the United States that driving
and redriving after the introduction of pelagic
sealing, if any occurred, are directly chargeable
to the condition created by open-sea hunting.
The United States, therefore, deny that any penial of do-

: 5 crease prior to
valid evidence has been advanced by the Com- 1ss0." *

1 Appendix to Case of the United States, Vol. II, pp. 117-127.
2Case of the United States, p. 158.

80 PELAGIC SEALING.

Denial of de- missioners sufficient to establish that any portion

crease prior to %

1880. - of the seal herd decreased prior to 1880, or that
there was a paucity of male life during that
period on the breeding grounds, or that the man-
agement and methods in force on the Pribilof
Islands have been a cause of decrease in the

Alaskan seal herd.
PELAGIC SEALING.

ise Seer oe That portion of the Report of the British Com-
lagic sealing. missioners which considers the effects of pelagic
sealing upon the Alaskan herd is in the nature of
an apology and an attempted justification, for the
Commissioners specifically admit that pelagic
sealing is indiscriminate (Sec. 633) and tends
towards decrease (Secs. 60, 71). The apology
rests upon three propositions which they endeavor
to establish by evidence principally obtained
from interested parties at Victoria and which are
herein treated in the order of their importance as

recognized in the Report.

1. That the percentage of female seals in the pelagic
catch is not large.

The Indian evi- The Report first cites in this connection so-
dence submitted. : ’

called ‘‘ evidence,” alleged to have been obtained

from Indian hunters at various points along the

Northwest Coast (Secs. 635-641), and in which

there is a careful avoidance of names of inform-

PERCENTAGE OF COWS IN CATCH. 81

ants. It is insisted by the United States that The Indian evi-
dence submitted.
such testimony is valueless for the purpose of
establishing any conclusion worthy to be relied
upon in this controversy.
The second class of testimony presented to. Testimony of
= interested parties
sustain the position of the Report is obtained submitted.
from sworn statements of Canadian sealers, which
the Commissioners admit are not “ entirely untine-
tured by motives of personal interest” (Sec. 634).
These alleged statements of Indians, whose
names are not made known, and of other wit-
nesses, admitted to be subject to suspicion, are
the sole foundation, so far as matters of fact are
concerned, for the defense by the British Com-
missioners of pelagic sealing.
The largest percentage of females admitted , Percentage of
by these ‘‘most experienced and intelligent pe- tbe taken.
lagic sealers” (Sec. 642) to have been taken by
them along the Northwest Coast is fifty out of
one hundred seals, and but three men make
this admission (Secs. 644, 645, 646). The other
witnesses quoted (fifteen in number) vary con- —
siderably in their opinions as to the number of
females taken in a catch, the percentage alleged
ranging from two and a half to over forty, the
majority giving it as from twenty to thirty (Secs.
644, 645, 646). It is difficult to understand how Statements

‘ , consistent with
these statements can be harmonized with the de- the Report,

123646

82 PELAGIC SEALING.

_Btatements _in- pleted condition of the male life of the Pribilof seal

the Report. herd, so often alleged in the Report, and with the
statement that “‘the persistent killing of young
males has led of late years to the existence of a
very large surplus of females, and that, there-
fore, the proportion of females to the whole num-
bers of seals, whether at sea or ashore, is, at the
present time, according to the information ob-
tained by us, quite abnormal” (Sec. 635). As
this information last referred to has evidently not
been published by the Commissioners in connec-
tion with their discussion of pelagic sealing, un-
less it is embodied in the statements obtained at
‘‘a conference held with a number of representa- |
tive pelagic sealers” (Sec. 648), at which con-
ference ‘“‘no degree of reticence was shown in
answering direct questions on all points involved”
(Sec. 648), it is impossible to draw any conclu-
sions therefrom, except that this information is in
direct contradiction to the testimony of the wit-
nesses named in the Report.

faa onde In view of the admitted untrustworthiness of

nied. the evidence advanced, and in view of the con-
clusive proof presented in the Case of the United
States on this question, the United States deny
that the percentage of females in the pelagic
catch has been exaggerated in their Case, and
present herewith as corroborative evidence on

a

PERCENTAGE OF COWS IN CATCH. 83

this subject the report of Capt. C. L. Hooper, _ Capt. Hooper's
investigations,
U.S. R. M., who cruised in Bering Sea during summer of 1892,
the summer of 1892 and under the direction of the
Government of the United States made a series of
systematic observations as to the distribution and
classes of seals found in those waters, for which
purpose he took a limited number of seals at sea.’
The result of his observations and experiments
was that, of 41 seals shot and secured, 29

f Catches of ves-
were females. Mr. Malowanski, the agent of selsseized by Rus-

sia, 1892, 90 per
the Russian Sealskin Company on the Com-°?# females.
mander Islands, examined about 2,700 skins
taken from sealing schooners, seized in the
neighborhood of those islands by the Russian
authorities during the summer of 1892, and
found that over 90 per cent were the skins of
female seals.”
This is also verified by Mr. Grebnitzki,* the
Russian official in charge of the Commander
Islands, and by an examination of over 1,000 of
the same skins specially made in London.*| The Examination of
pelagic catches,
depositions of the expert furrier Mr. Behlow, 189:
who has examined the catches of a number of
sealing schooners entered at the port of San

Francisco during the summer and fall of 1892,

1Report of Capt. C. L. Hooper, post table facing p. 219,
2 John Malowanski, post p. 374.

3N. A. Grebnitzki, post p. 366.

‘Statement by C. W. Martin & Sons, post p. 417.

84 PELAGIC SEALING.

Examination of confirm the fact that a very large proportion of
polar catche
892. * the pelagic catches consist of female seals.
Proportion of ‘This large ratio of females taken at sea does
females taken at
sea prior to 1870. not differ from that observed before the Pribilof
Islands were leased. In the official report on
the seal question made by a special agent of
the United States on November 30, 1869, the
following appears: ‘Nearly all the 5,000 seals
annually caught on the British Columbian coast
are pregnant females * * *,”? and Capt.
Bryant, in 1870, also states that “formerly in
March and April the natives of Puget Sound

took large numbers of pregnant females.”*

2. That pelagic sealing in Bering Sea is not as de-
structive to seal life as pelagic sealing in the
North Pacific.

There is an evident attempt on the part of
the British Commissioners to establish that the
principal harm to the seal herd resulting from
pelagic sealing is inflicted during the herd’s

Grounds for the migration in the Pacific Ocean. This is based,
Report’s state- Bre ae
meats. primarily, on the assumption thet no gravid

females are taken in Bering Sea (Sec. 648), and

that the alleged occasional deaths of ‘a few

'C. J. Behlow, post pp. 353-358.
2Ex. Doc. No. 32, 41st Cong., 2d Sess., p. 39.
3Bull. 2, Mus. Comp. Zodlogy, p. 88.

IN BERING SEA AND NORTH PACIFIC. 85

females in milk” (Sec. 649) does not destroy _ Grounds for the
Report’s state-
the offspring of such females (Secs. 355, 356). —_ ments.
It will be seen, on an examination of the state-
ments of the pelagic sealers quoted in the Report
(Sees. 645, 646), that but eight refer to the num-
ber of females taken in Bering Sea, and these
give percentages which are practically the same
as those given for the catch in the North Pacific.
It is, therefore, conceded that the destruction of
female life in Bering Sea is as great as along the
Northwest Coast. The distinction is made, how- Pregnant fe
ever, that no gravid females are taken in Bering ce)
Sea. It must be recollected, in this connection,
that the admitted period of gestation of the fur-
seal is “nearly twelve months” (See. 434), and
that, therefore, an adult female which has been
fertilized is pregnant at all times when found
in the water, and certainly so if the fact alleged
in the Report, that the female remains on the
rookeries from four to six weeks after giving
birth to her young, could be established (Secs.
306, 307).
The designed implication that very few nursing Nursing females.
female seals are taken by pelagic sealers (Sec.
649) is based on pure assumption, no evidence capt. Hoopers
being advanced to support it. Capt. Hooper, oh ieiebaete
already referred to, states that of 29 female seals
taken by him in 1892 in Bering Sea, 22 were

86

seals C.
Be rican: 1892.

Dead pups on

the rookeries.

PELAGIC SEALING.

airy of nursing females;* and Mr. C. H. Townsend, of the

U.S. Fish Commission, the well-known naturalist
who accompanied him, includes in his deposition
a photograph of two half-skinned cows taken
August 2, 1892, 175 miles from the Pribilof Is-
lands,” exhibiting the distended mammary glands,
“which in all cases were filled with milk.”?
That the pups of these nursing cows are de-
pendent solely upon their mothers for nourish-
ment has already been discussed both in the Case
of the United States and in this Counter Case.’
The Commissioners, to support their position,
endeavor to explain away the obvious inference
derivable from the fact that a large number of
dead pup-seals were observed by them on the
Pribilof rookeries during their cursory examina-
tion of seal life on the Islands. It is evident,
from the efforts made and theories advanced to
explain this mortality, that the Commissioners
considered the presence of these bodies prima
facie evidence of the fact they endeavor to dis-
prove (Secs. 344-356). These officials have,
through some strange circumstance, been led
into the belief that they were the first to

2C. H. Townsend, post p. 394,
3 Ante p. 53.

IN BERING SEA AND NORTH PACIFIC.

observe this mortality among the pups on the %

v

rookeries (Sec 83), from which belief they draw
the inference that “the death of so many young
seals on the Islands in 1891 was wholly excep-
tional and unprecedented” (Sec. 355). The dep-
ositions, however, of many witnesses appended
to the Case of the United States show not only
that dead pups had been observed on the rook-
eries as early as 1885, but that the numbers had
after that year annually increased.’ Mr. J.
Stanley-Brown testifies that he had already seen
and noted the dead bodies before the Commis-
sioners arrived at the Islands in 1891, and that
the cause of death had been fully discussed by
those on the Islands.’

The same opinion as to the cause of this mor-
tality, which “in no instance was * * * at
first voluntarily advanced” (Sec. 83) to the Com-
missioners, namely, ‘the killing of the mother at
sea.” (Sec. 83), existed for several years before
the British officials examined the Pribilof rook-
eries.’ It is unfortunate for the position taken
by the Commissioners, to the effect that the mor-
tality was unusual and that the cause assigned

1 Appendix to Case of the United States, Vol. I, pp. 32, 39, 51,
71, etc.

2 Appendix to Case of the United States, Vol. LI, p. 19.

Appendix to Case of United States, Vol. II, pp. 32, 39,51,
71, ete.

87

Dead pups on
e rookeries,

Cause of death.

88 PELAGIC SEALING.

Cause of death. ]yy those on the Islands a day or two after the
investigations by these officials was a novel sug-
gestion, that, notwithstanding the ‘‘care” asserted
by them to have been taken to complete their per-
sonal knowledge of all documentary evidence
obtainable, ‘including the previous official cor-
respondence” (Sec. 8), they should have over-

Mr. Blaine’slooked a note from Mr. Blaine to Sir J. Paunce-

1390. peta e fote, dated March 1, 1890 (Parliamentary Paper
[C, 6181], 1890, p. 424), in which were inclosed
extracts from an official report made to the House
of Representatives in 1889, which document is
so often quoted in the British Report. Among
these extracts appears the following statement-
made by Dr. H. H. McIntyre ibid (p. 430):

“The marauding [pelagic sealing] was exten-
sively carried on in 1885 and 1886, and in pre-
vious years, and of. course the pups that would
have been born from cows that were killed in
1885, or that perished through the loss of their
mothers during that year, would have come upon
the islands in 1888. * * * IJ would say, fur-
ther, that if the cows are killed late in the season,
say in August, after the pups are born, the latter
are left upon the island deprived of the mother’s
care and, of course, perish. The effect is the same
whether the cows are killed before or after the
pups are dropped. The young perish in either

IN BERING SEA AND NORTH PACIFIC.

case” (ibid., p. 430). At another place, quoting

89

Mr. Blaine’s

note of March 1,

from the testimony of Jacob H. Moulton, the 1890.

following appears: ““Q. When a female is nurs-
ing her young and goes out for food and is
killed or wounded, that results also in the death
of her young?—A. Yes, sir” (¢bid., p. 482).

This explanation of the cause of the death of,

Causes of death

alleged in the Re-

pup-seals is not recognized by the Report, except porte

to contradict it. In place of it four specific causes
are advanced, ‘‘to which the mortality noted may
be attributed with greatest probability” (See.
356): First, the killing of the mothers by taking
them in ‘‘drives” from the borders of the breed-
ing grounds; second, an epidemic disease; third,
crushing of the pups in stampedes; and, fourth,
raids on the rookeries (Sec. 356, a, b, ¢, d).

The first cause alleged, namely, the driving and , 1. Driving ana

killing of the

killing of the mothers, is unsupported by any mothers discussed.

proof whatsoever, and will not account for the
deaths on Tolstoi Rookery, where the greatest
number of bodies were seen by the Commission-
ers (Sec. 350), because no “drive” was had in
1891 within a quarter of a mile of that rookery.’

The second cause alleged, an epidemic disease,
is mere hypothesis, and has already been treated
in the Case of the United States.’

1J. Stanley-Brown, post p. 388; W. H. Williams, post p. 399.
2 Case of the United States, p. 216.

2. Anepidemic.

90

3. Pups crushed

in stampedes,

4, Possibleraids
as a cause dis-

cussed.

PELAGIC SEALING.

The third alleged cause, the crushing of the
pups in stampedes, has no evidence to support it.
The only instance of even a supposed stampede
on any breeding grounds is mentioned in the
Report in the following words: ‘ During the
summer of 1891 a panic was caused on the Reef
Rookery of St. Paul Island by the drifting over
it of the smoke from a steamer which was en-
tering the anchorage there” (Sec. 332). The
Commissioners do not specify the information .
upon which this statement is made, and Mr. J.
Stanley-Brown testifies that no one saw such an
alleged stampede.* The difficulty and practical
impossibility to cause a stampede or create a
panic on a breeding ground are clearly shown by
Dr. H. H. McIntyre,’ Mr. J. Stanley-Brown,’ and
others conversant with seal life’® Ifa stampede
ever did take place among the breeding seals, no
evidence has been advanced to prove it.

The fourth and last cause, which is stated to be
“within the bounds of probability” (Sec. 356,
p- 64), is that the female seals were killed by
raiders, or by a stampede resulting from a raid.
The Report offers no evidence whatever of such

2 Post p. 371.
3W. H. Williams, post p. 398.

IN BERING SEA AND NORTH PACIFIC. 91

a supposed raid, and even alleges that it must a
have been unknown to those on the Islands cussed.
(See. 355, p. 64), and the further fact that num-
bers of dead pup-seals were observed by the
Commissioners on rookeries miles apart ne-
cessitates the assumption that there were sev-
eral distinct raids, of which no traces could be
found. At this time, also, when so many dead
pups were found, the waters about the rookeries
were patrolled by American and British war
ships... On what this assumed cause of death is
based, it is, therefore, difficult to comprehend.

All the bodies of pups exammed by Dr. , All the bodies
Ackerly (‘‘Acland,” in the Report, Sec. 352)
and by Dr. Gunther (Sec. 354) were without
food in the stomachs, and the testimony pre-
sented in the Case of the United States? shows
that these bodies were all very much emaciated.
It seems an extraordinary circumstance that all
the young seals destroyed by stampedes, epidem-
ics, or raids, if any of these were the cause,
should have been starvelings.

_ Great decrease
The reports from the Islands show an enor- ,,"303! ast

mous falling off in the number of dead pups on ‘®+

the rookeries in 1892 as compared with 1891.
Those who visited the Islands in 1892 make the

1 Charts of cruises, 1891, Nos. 1, 2, and 3.
2 Case of the United States, p. 213.

92

PELAGIC SEALING.

Great decrease following statements. Mr. Stanley-Brown, who

of dead pups in
1892.

was also on the Islands in 1891, says: ‘Dead
pups were as conspicuous by their infre-
quency in 1892 as by their numerousness in
1891.” Col. Joseph Murray, who has been
Assistant Treasury Agent on the Pribilof Islands
from 1889 to the present time, states: “I went

over the rookeries carefully in 1892 looking for
dead pups. The largest number on any rook-

ery occurred on Tolstoi; but here, as on the
rookeries generally, but few of them were to
be seen, as compared with last year. This
was the first time in my four seasons’ resi-
dence on the Islands that the number of dead
pups was not greater than could be accounted
for by natural causes.”” And Mr. A. W. Laven-
der, the Government agent in charge of St.
George Island, made an actual count of the
dead pups on the rookeries of that Island August
29,1892. He found on the five rookeries 41
dead pups, ‘‘all of which were near the water.”?
Professor Evermann, the expert naturalist of the
Fish Commission, estimates the number of dead
pups on Polavina Rookery in 1892 at less than
250, and states that there were more dead pups
here than on all the other rookeries combined.‘

'J. Stanley-Brown, post p. 388. 2 Joseph Murray, post p. 378.
3A. W. Lavender, post p. 263. 4B. W. Evermann, post p. 271.

IN BERING SEA AND NORTH PACIFIC. 93

In consequence of the zealous and efficient ef- Cause of de:
forts of the naval vessels charged with the pro- P"P®
tection of the seal herd and the enforcement of
the Modus Vivendi, few sealing vessels entered the
eastern half of Bering Sea in 1892, and those
waters were practically free from open-sea:
hunters. If the cause of the mortality of 1891
among the pups was any of those advanced by
the Report, it is a remarkable and, for the opin-
ion of the Commissioners, an unfortunate cir-
cumstance that with the decrease of sealing in

Bering Sea dead pup-seals have decreased like-

Increased mor-
lity on Russian
rookeries,

wise. On the other hand, the increase of sealing ,,

in Asiatic waters about the Commander Islands

has been followed by a large increase of deaths

among young seals on the Russian rookeries.’
The destructiveness of the Bering Sea catch, Comparative

as compared with that in the North Pacific, is Sea and Pac sie

further shown by the relative sizes of such

catches. A compilation made from the. state-

ments of yearly catches of the Victoria. sealing

fleet, attached to the Report of the British Com-

missioners (pp. 205-212), shows that the average

catch per vessel for three years (1889-1891)

along the Northwest Coast was 587, while the

Bering Sea catch for the same period of time was

783.” It is impossible to compute accurately the

1 John Malowanski, post p. 374; N. A. Grebnitski, post p. 366.
2?Tables compiled from Commissioners’ tables, post p. 411,

94 PELAGIC SEALING.

_Comparativeratio between the North Pacific and Bering Sea
sizes of Berin

ms : :

Sea and Pacific catches for a longer period, as prior to 1889 the

catches,
Bering Sea catch included a portion of the catch
in the North Pacific (p. 211, note).

in Bering goeson ~The Report, in treating of pelagic sealing

Pacific compared. alone the coast, states that the season extends
from February to June, inclusive, and that in Ber-
ing Sea it includes July and August (Secs. 1382,
212, 308, 582). It can be assumed, therefore,
from the statements in the Report, that the coast
catch occupies four and one-half months in taking
and the Bering Sea catch but two months. On
the authority of these statements above noted a
table has been compiled, which shows the aver-

Average daily age daily catch per vessel for three years (1889-

catch in_ Bering :
Sea and Pacific] 891) along the coast to have been 4.3 and in

compared.
Bering Sea 13.1. This includes 1891, when the
enforcement of the Modus Vivendi seriously cur-
tailed the season in Bering Sea. The United
States, therefore, contend that pelagic sealing in
Bering Sea is at least three times as destructive
to seal life as that along the Northwest Coast.

8. That the waste of life resulting from pelagic seal-
ing 1s insignificant.

This third proposition is advanced in the

Report in defense of the method employed in

1Table compiled from Commissiouers’ tables, post p. 411,

RESULTING WASTE OF LIFE. 95-

taking seals in the open sea; and the Commis- i Waste 98 Tifesin-
sioners, in order to establish their position, col-
lect and quote the statements of a number of
persons who disagree with the proposition which
the Report endeavors to substantiate (Secs. 613,
614). These statements are all characterized as
being made by persons ‘presumably interested
in, or engaged in protecting the breeding islands,
but without personal experience in the matter” abet)
(Sec. 615). The Report then proceeds to array stay te
against these opinions a number of statements
“for the most part made by persons directly
interested in pelagic sealing,” but which, it is al-
leged, ‘‘must be considered as of a much higher
order of accuracy” (Sec. 616) than the former
statements. These interested parties thus quoted
in the Report (Secs. 616-621) state that the rs ees As
Indians lose of the seals killed by them “very oe
few” (Sec. 618), ‘‘at most, a few” (Sec. 619),
and ‘fone per cent.” (Sees. 617, 621); the white Percentage lost
hunters, on the other hand, are credited with losing ” ee eae
from 3 to 6 per cent (Secs. 616-621). The
Commissioners then present a number of state-
ments (Secs. 623-626) collected from inexpe-
rienced individuals, which are open to the same
criticisms as the adverse statements first quoted

in the Report.

36

PELAGIC SEALING.

Tabulatedstate “An endeavor is then made ‘to elucidate the

ments of white
hunters.

question” under consideration by tabulating a
number of statements made by white hunters
and Indians, some of which are supported by
their depositions and others not. ‘The results
of this method of treatment” show that the white
hunters affirm that they lose but 4 per cent of
the seals they kill, while the Indians give their

Inconsistencies logs as 8 per cent (Sec. 627). The table en-

of statements.

titled ‘White Hunters” (p. 107) is averaged,
while the table entitled “‘Indian Hunters” (p. 108)
is not, for the obvious reason that these Indians
(Sec. 627) appear to have lost twice as many |
seals as the whites, which is in direct contradic-
tion of the statements quoted in the Report,
where the witnesses speak of both classes of
hunters (Secs. 616-621). If the Indian state-
ments are to be accepted that 8 out of 100 seals
killed by them are lost, and also the statements
of Captains Warren, Petit, and others (Sees.
616-621) that the white hunters lost five times
as many as Indian hunters, then the former are
admitted to lose at least 40 per cent of the seals
they kill. It is difficult to harmonize this con-
clusion with the table entitled ‘‘White Hunters”
(p. 107), and the evidence thus presented is so
contradictory that it is hard to see how any con-
clusions could have been reached by the Com-
missioners,

RESULTING WASTE OF LIFE. 97

The table entitled “White Hunters” is made Sources of
“White Hunters”
up from the statements of sixteen witnesses; table.
five of these (Nos. 1, 7, 20, 26, and 27, p. 107)
state specifically that the loss of seals they refer
to are seals lost by sinking; six others, examined
at the same time as the former witnesses, do not
state what they mean by “seals lost,” but it is
to be presumed their meaning is the same; the
statements of three others whose evidence “ was

” can not be examined on

personally obtainec
this point, as such statements have not been
published; Abel Douglass’s ratio of loss is given
‘in the table without reference to where it was
obtained, so that what he means by “seals lost”
is impossible to determine; the one remaining
hunter used in the compilation of the table
(William Fewing) is the only one who definitely,
or impliedly, states that ‘seals lost” refers to
those escaping as well as to those that sink, and
this is particularly noted in the table under
‘¢ Remarks.”
It can be fairly assumed, therefore, that this Table only gives
seals lost by sink-
table only represents the seals lost by sinking. ins.
The whole question, so important to this contro-
versy, as to how many seals are lost by wound-
ing is summed up in the vague admission, that
‘“‘a certain proportion of the seals shot of course

escape” (Sec. 628), and is dismissed by calculat-
12364-———7

98 PELAGIC SEALING.

Breas gives ing the number of encysted bullets found in
ing. male seals killed on the Islands in 1890, showing
an average of one bullet to 280 seals killed
(Sec. 628). The notion that the carcass of every
seal killed on the Islands is searched for encysted
bullets is sufficiently absurd, but it seems to be
assumed in the reasoning of the Commissioners.
Bee st by ‘The necessarily large percentage of seals which
lose their lives by wounding is shown by Mr.
Townsend in his account of his experience as a
pelagic hunter." He states that ‘many times the
animal is wounded sufficiently to get out of reach

” and, again, ‘‘it id’

of the hunter before it dies;
from the instantly killed the seals are secured;
the wounded animal uses its death struggle to

”1 Tt is evident how much this

get out of reach.
class of ‘seals lost” must outnumber those which,
killed outright, snk before they can be secured ;?
and yet the Commissioners have, presumably
through oversight, ignored this important factor
of waste of life and have dealt solely with the
seals which pelagic hunters lose by the sinking
of the carcass.

1 Post p. 395.
® See also reports of Capt. C. L. Hooper, post pp. 208-219.

RESULTING WASTE OF LIFE. 99

The United States, having reviewed these three ; ine ae ee ae

propositions set forth in the Report, namely, (1) ficient.

that the percentage of female seals in the pe-

lagic catch is not large, (2) that pelagic sealing

in Bering Sea is not as destructive to seal life as

in the North Pacific, and (3) that the waste of life

resulting from pelagic sealing is insignificant,

deny that any one of these grounds for the Com-

* missioners’ apology have been, or can be, estab-

lished.

SECOND.

MATTERS UPON WHICH THE REPORT RELIES TO
ESTABLISH CONCLUSIONS ADVANCED THEREIN
AND TO FORMULATE THE REGULATIONS RECOM-
MENDED, WHICH MATTERS HAVE NOT BEEN
DEALT WITH IN THE CASE OF THE UNITED
STATES.

HABITS OF THE FUR-SEALS.

1. That the Alaskan seal herd has a defined winter
habitat.

The Commissioners have advanced a most ex-
traordinary theory as to the life history of the
Alaskan seal herd. It is presented in the follow-

The “wintering words: ‘The fur-seal of the North Pacific may

habitat” theory.

100

thus be said, in each case [referring also to the
Commander herd], to have two habitats or homes
between which it migrates, both equally necessary
to its existence under present circumstances, the
one frequented in summer, the other during the
winter” (Sec. 28). Again, the Report states that
the portion of sea lying off the West Coast, be-
tween the 56th and 46th parallels of north lati-
tude, which limits include the whole length of
the British Columbian coast, ‘‘is the winter habi-
tat of the fur-seal of the eastern side of the North
Pacific” (Sec. 192, p. 31), and that Bering Sea
may be named “their swmmer habitat” (Sec. 192,

p- 31).

WINTER HABITAT THEORY. 101

This theoretical proposition of an animal pos- — Object of pro-
sessing two homes is contrary to what has been theory. cae
observed in respect to the habits of animals in
general, and is advanced for the sole purpose of
establishing a property interest in the Alaskan
seal herd, resulting from the alleged presence
of seals for several months in the waters con-
tiguous to Vancouver Island.’ This object is
shown from the following statement in the Report:

“This independent native hunting [by the

Indians of British Columbia] is undoubtedly a

primitive vested interest of the coast tribes,

and its character in this respect is strengthened

by the fact, now made clear, that the winter home

of the fur-seal lies along, and is adjacent to, the

part of the coast which these seal-hunting tribes

inhabit” (Sec. 113).

An examination of the evidence (if statements The bullsdo not
resort tothe ‘‘win-

made by the Commissioners without giving the" habitat.”
names of their informants can be so called) on

which this remarkable proposition is advanced

shows an important fact, which seems to have

been entirely overlooked by the Commissioners.

It is, that “the full-grown males, known as
‘beachmasters’ or ‘seacatchie,’ have seldom or

never been reported to the south of the 50th

parallel” (Sec. 193). Itis evident that the Com-

missioners never heard of a bull seal below that

102 HABITS OF THE FUR-SEALS.

et parallel, nor do they anywhere state that they

ter habitat.” ever heard of a full-grown male below the 56th
parallel, the assumed northern limit of the winter
habitat (Sec. 192, p. 31) which they have created,
and Capt. Hooper particularly states that bulls
are seldom seen below Baranoff Island, the lower
extremity of which is above the said parallel.’
This southern ‘‘home” is, therefore, according to
the Report, resorted to by but a portion of the
seal herd; and that essential part of all animal life,
the virile male, has, as is practically admitted,
no home but the Pribilof Islands. The new and
peculiar habitat alleged by the Commissioners
is, therefore, only the winter resort of adult fe-
males and the young of both sexes, the remainder
of the herd being confined to one home, the
Pribilof Islands.

gerbe, data insnt- ‘It is, however, denied by the United States

ooh that the seals, during any portion of their migra-
tion, can be said to remain within any limits,
such as are assumed in the Report, or that suf-
ficient data have been produced, of any sort what-
soever, to warrant the construction of Chart II
(facing p. 150), especially the area to the right
of such chart marked in a blue color, which is
stated to represent the ‘winter habitat” of the
fur-seal.

1 Appendix to Case of the United States, Vol. I, p. 504.

WINTER HABITAT THEORY.

103

Capt. Kelley, one of the witnesses whose testi- ala eae
ev $1t10n,

po
mony is submitted with the Report (p. 219), states

that he has sealed south of Cape Flattery ‘and
has followed the seals all along the coasts of Brit-
ish Columbia to Bering Sea” (p. 219, Question 3),
Capt. Petit also makes the same statement (p.
220, Question 5). It is evident from these state-
ments that sealing below the area termed “winter
habitat” in the Report was a matter of common
occurrence, and not unusual, as would be inferred
from the chart heretofore referred to. This is
also supported by the statement of every witness
whose deposition is submitted with the Report
and who was questioned on this point (pp. 231,
237).

A quantity of testimony may also be found in
the Case of the United States proving that sealing
begins off the Californian coast.1 The Commis-
sioners state that “it would appear no large
catches have been recorded south of the Columbia
River, and much of what has been classed in the
returns as ‘south coast catch’ has been obtained
off the entrance of the Straits of Fuca” (See.
190). This statement is entirely unsupported by
evidence of any sort, and seems to have been ad-
vanced for the sole purpose of establishing the
“winter habitat” theory. It may also be noted in

1 Appendix to Case of the United States, Vol. II, pp. 330, 331,
344, 346, etc.

104 HABITS OF THE FUR-SEALS. -

Pages followed this connection that both Capt. Kelley and Capt.
Island. Petit, above mentioned, state that they have
followed the seals “along” the coast of British
Columbia, which is evidence of the fact that the
seal herd was moving northward when hunted off
. Vancouver Island.

oe scattered “he distribution of the Alaskan seal herd is
months. much more scattered during the winter months
than is implied by the Report, and the range of
portions of the herd is much farther south and
west than appears on the Commissioners’ chart
of migration. Capt. Hooper, R. M., who ex-
tended his observations of 1892 in Bering Sea
into September and continued his investigation
of seal life and the migration of the herd until
some time in November, states: “Those that
leave [the Pribilof Islands] earliest go farthest
south, arriving on the coast of California, and
those leaving later reach the coast further up.
* * * They appear at about the same time
off a long line of coast, reaching from California
to Washington. When they are so found they
are known always to be moving northward up
the coast.”* This is also more fully treated in

his report of November 21, 1892.?
Capt. Walter H. Ferguson, who has followed

_ 1C, L. Hooper, post p. 870.
2Report of Capt. Hooper, November 21, 1892, post p. 228.

WINTER HABITAT THEORY. 105

the sea as a profession for twenty years, apse ote
who made a careful investigation for six years long. 172° W.
of the winter resorts of the Alaskan seals for the

purpose of hunting them during that season, says:

‘All reports tend to show there must be an im-

mense feeding ground between latitude 40° and

42° north and extending from longitude 172°

west to 135° west. * * * The reports of

these vessels all show for the months of Novem-

ber, December and January, large bodies of fur-

seal in this locality.”* In a volume entitled

“Vist of Reported Dangers in the North Pacific

Ocean,” compiled by the United States Hydro-

graphic Office and published in 1871, mention

is made of an hrea about 40° north latitude and

150° to 151° west longitude where the sea

swarmed with seals.” It is evident, therefore,

that the limited range of the fur-seal during its
migration, as depicted by the Commissioners, is
erroneous.

From the further data collected and mentioned See eee cel
above a new migration chart has been con- With Counter
structed, correcting and modifying the one sub-
mitted with the Case of the United States. The
attention of the Tribunal of Arbitration is here-
with directed to this chart, which the United

1 Walter H. Ferguson, post p. 362.
2 Post p. 288.

106 HABITS OF THE FUR-SEALS.

New migration States insist is more accurate and based on fuller
chart presented

poe Counter data than the chart contained in the Report.’

2. That the Alaskan seal herd has changed its habits
as a result of disturbance on the breeding islands
and of pelagic sealing.

Increased pe (a) The first assertion advanced by the Report
fone. nature a under this head is that the seals, for the reasons
above stated, have become more pelagic in their

nature (Secs. 44, 85, 86).

This assumption is resorted to, as it appears,
to show that land is not a necessity to the fur-
seal and in order to harmonize the sworn state-
ments of the pelagic sealers appended to the
Report, that at sea the seals havenot decreased,
with the acknowledged decrease on the Islands.
To support this proposition the evidence of these
interested sealers is advanced to show that there
has been no decrease at sea similar to the de-
crease on the Islands, but rather a possible
increase (Secs. 87, 89, 94, 402). At the same
time it is asserted (Sec. 281) that no “stagey”

penirey seals seals are taken at sea, that the “stagey” period
on the rookeries lasts about six weeks, and that
this period of hair shedding is caused by pro-
longed resort to land. All seals must at some

1 Chart of migration, Portfolio of maps and charts, appended
to the Counter Case of the United States.

ALLEGED CHANGES. 107

period each year shed their hair, and it is a fact ee as
that many taken in the water are “stagey,”’ the
cause alleged by the Report being undoubtedly
thetrue one. A seal must, therefore, of necessity
be on the Islands each year at some period, and
it is insisted by the United States that observa-
tions on the rookeries and hauling grounds are
the only criterion of the numerical condition of
the seal herd.
The Commissioners also present a table giving Tabloofaverage
catch per boat and
the average catch per man and per boat to show perman.
that the number taken respectively from year to
year has not materially changed, notwithstanding
the continual decrease (Sec. 409, p. 74). This
compilation begins with 1887 and includes 1891.
The years 1885 and 1886 are not used, for a

5 . $e Why averages
reason which becomes obvious when the statistics Fe oa iiesn

in the Report are examined, namely, the average ?°* "°°"

_ per man in 1885 was 127 seals, or 68 more than
in any year given in the table, and in 1886, 77
seals, or 18 more than the highest number in any
following year. Inthe year 1886 the average
per boat was 241, or nearly one-third more than Such averages

3 of no value,
in any year thereafter.2 It must also be recol-

‘Charles Behlow, post p. 357; C. W. Preiss, post p.3884; Walter
E. Matin, post p. 376; see, also, title-page of London catalogue of
sales, post p. 412.

2These averages are taken from the tables of catches trans-
mitted with the Report, pp. 209, 210.

108 HABITS OF THE FUR-SEALS.

Back Beer tecteny in considering this question that the seal-
ing captains have each year become more and
more familiar with the migration route of the
seals in the North Pacific and their feeding
grounds in Bering Sea, which naturally tends to
increase annually the catches in these localities ;
and it is, therefore, only by the comparison of
the catches taken in the older hunting areas, with
which pelagic sealers have been familiar for
twelve or fifteen years, that any evidence of value

can be obtained.

tee oes For this purpose a table has been prepared

catch,” 1886-1891. from the Commissioners’ tables, giving the aver-
age per boat for the “spring catch,” which is
obtained in and about the alleged ‘ winter
habitat” of the fur-seal. As there is only one
hunter to a boat, the average per man is of no
value. This table shows an average of 118
seals per boat in 1886, and a constant decrease
each following year until in 1891 it was but 153.7
The United States deny, therefore, in view of
evidence already presented in their Case” and the
facts above stated, that the seals have not de-
creased at sea in a like ratio to that observed on
the Islands.

1 Table of average catch per vessel and per boat, post p. 411.
2 Case of the United States, p. 169.

ALLEGED CHANGES. 109

The Commissioners also assert that the seals Independent
pelagic herds
found in Bering Sea are not seals which have alleged.
temporarily left the rookeries to feed, but are
practically independent pelagic herds (Sec. 219).
The only evidence referred to for this is some
alleged observations of the direction of the wind
and the locality where seals are found, together
with the assertion that the locality must be
affected by the weather; but these observations
are not given, and, even if true, are quite too
slender to furnish a foundation for any conclu-
sion."

This suggestion of increased pelagic nature is Increased pe-
based on mere assumption, for which no proof, sumption, oe
reliable or otherwise, is advanced by the Com-
missioners, and the United States insist that itis
unworthy of serious consideration in this contro-
versy.

(b) That the location of the breeding rook-
eries is dependent solely upon the fact that the
seals while there are not disturbed by man.

This assertion (Secs, 523, 524), implying also Change of rook-
the possibility of a change of rookeries when the hearsay. .
seals are harassed, is partly founded on Indian
legends and statements by J. W. Mackay and
J.G.Swan, based on hearsay (Sees. 447, 448,449),
that rookeries formerly existed on the North-

1C, L. Hooper, post p. 370.

110 HABITS OF THE FUR-SEALS.

ore oF Took west Coast, and they are summarized in the sec-
Reamiay- tions referred to; but such statements the Com-
missioners have failed to authenticate. By way
of further proof of the same assertion the Report
‘presents the allegation that new breeding rookeries
had been at times noted on the Kamchatka coast
(Sees. 518, 519), which, however, were not visited
ae. the British officials. Mr. Malowanski, who is
the agent of the Russian Sealskin Company, was
induced by the “various good authorities on the
Commander Islands,” on whom the Commis-
sioners rely for this statement (Sec. 518), to visit
a reputed fur-seal rookery on the Kamchatka
coast, and found the reported fur-seals were sea-
lions.’ If all the incipient breeding rookeries
alleged to exist on the Asiatic coast were exam-
ined, doubtless they would be found to be similar
to the one above noted. Mr. Grebnitzki, already
referred to, states that he deems it to be wholly
improbable that the Commander herd visits any
land other than the Commander Islands.”
PEcnemsiet The United States deny that the Alaskan seals
have any other home than the Pribilof Islands,
or that, even if constantly disturbed by man while
on the rookeries, they would seek a new habi-

tation. In this connection, the attention of the

1 John Malowanski, post p. 376.
2N. A. Grebnitzki, post p. 363.

ALLEGED CHANGES. 111

Arbitrators is called to the fact that the Pribilof eee Ape
Islands have been inhabited by man for a cen-¥°"*
tury, and the seals have not deserted their home
though slaughtered indiscriminately in the early
years of the Russian occupation; and to the fur-_ Slaughter on
Robben Island,
ther fact that in 1851-53 the rookeries of Robben 1851~ss.
Island were cleared of fur-seals (Sec. 510), but
the few that escaped returned to the rookeries
in the years following (Sees. 510, 511).
The Commissioners have endeavored to estab- Error in Bae
lish their position as to the change of habits of the Repo
seal herd, through the undue disturbance of the
rookeries, by citing the fact that Capt. Bryant
referred to the abundance of fur-seals along the
coasts of Oregon, Washington, and British Co-
lumbia in 1869 (Sec. 422); and they seek to
create theimpression thereby that this was directly
the result of the great numbers killed in 1868 on
the Pribilof Islands. ‘The Commissioners, through
no error of their own, have been led into making
this incorrect statement. The “Monograph of
North American Pinnipeds,” quoted by them, so
states; but Dr. J. A. Allen, the author of the work,
says that the year was 1870, instead of 1869, as
erroneously printed.’ The statement as to the
abundance of seals off the Oregon coast was
first published by Dr. Allen in the “Bulletin of

1 Letter of Dr, Allen, post p. 413,

112

Error in state-
ment relied on by
Report.

Indirect charges

of fraud in Report.

The parties

charged.

MANAGEMENT.

the Museum of Comparative Zodlogy”, page 88,
wherein he quotes from a letter received by him
from Capt. Bryant, ‘under date of June 14,
1870,” as follows: “The present year unusually
large numbers have been seen off the coasts
of Oregon, Washington Territory, and British
Columbia. * * * They were mostly of
very young seals, none appearing to be over a
year old.” An examination of the ‘ Bulletin”
on this point by the Commissioners would have
revealed the error in the later publication, used
by them in their Report, and the further fact
that these pup-seals could not have been of
sufficient age, while on the Islands, to have
been affected by any slaughter whatsoever.

ALLEGED FRAUDULENT ADMINISTRATION ON THE PRIB-
ILOF ISLANDS.

As already noted (ante p. 68), the British
Commissioners have, without making actual
charges of fraud, insinuated and apparently en-
deavored to give the impression that fraud was
perpetrated on the Pribilof Islands by the former
lessees, the Alaska Commercial Company, in
taking sealskins therefrom over and above the
number allowed annually by the lease. This
covert charge of maladministration is a reflec-
tion upon the integrity of the United States

FRAUDS CHARGED IN REPORT. 113

officials at San Francisco and those who have at The parties
different times for twenty years had the charge pe
and management of the Alaskan rookeries. And,
inasmuch as no such increased numbers of skins
appear in the reports of sales by Messrs. C. M.
Lampson & Company, of London, it involves a
reflection, also, upon the integrity of that well-
known house.
The Government of the United States is loath Great Britain
and the frauds
to believe that Her Majesty’s Government inten- ¢htsed.
tionally and knowingly adopted. these charges
against the officials of the United States and cit-
izens of both nations, which are entirely unsub-
stantiated by evidence, when it incorporated the
Report of its Commissioners in its Case before
the Tribunal of Arbitration, confidently believ-
ing that all such matter, if it had been previously
observed by the Agent of Great Britain, would
have been expunged from the Report before its
submission as a portion of the British Case.

= R 2 aye _ Reason United
Inasmuch, however, as such charges have be- g,8eason | inion

come a part of the Case of Her Majesty’s Goy- ° cbse
ernment before the Tribunal of Arbitration, the
United States consider it a duty to deal there-
with, not because the same are sufficiently defi-
nite or important to establish any facts material
to this controversy, but for the sole purpose of
vindicating the officials of the United States;
12364—8

114 MANAGEMENT.

thay oe nevertheless, always insisting that all such

the charge. charges of fraudulent practices are irrelevant to
the present issue, and are introduced by the
Commissioners for the purposes of distracting the
attention of the Arbitrators from the true issue
and of throwing a general discredit upon the ad-
ministration of the seal rookeries by the United
States.

penn we ee The charges referred to are presented in the
Report in the following words: ‘‘Statements have
been made to the effect that during the lease of
the Alaska Commercial Company frauds were
perpetrated in regard to the number of skins
taken on the Islands and counted for taxation.
No direct evidence of this seems to have been
produced, but as the official counting of the skins
both on the Islands and in San Francisco was
done in bundles, each of which was supposed to
consist of two skins, it is obvious that, but for
observed difference of size and weight, three or
even four skins might have been bundled and
corded together and counted as two.” (Sec. 670.)
And, again, the Report states that there were
‘“‘several instances of the same individual, now in
the capacity of an employé of the Company and
again as a supervising officer of the Government”
(Sec. 52), and the latter assertion is connected

FRAUDS CHARGED IN REPORT. 115

with the statement that the reports made to the Frand as alleg-
; ; ed in the Report.

Treasury Department by the officials in charge

of the Islands are ‘often contradictory” and

)

‘“‘manifestly inaccurate;” one of the reasons for

“these discrepancies” being the alleged fact above

No authority for

quoted. The Commissioners give no authority garce
ges.

for the last-mentioned statement, nor do they
recite the sources of information for their insinu-
ations as to fraud of any kind. It would not be
too strong an expression in relation to them to say
that they are an inexcusable libel.
The Commissioners have, with the usual H. W. Elliott's
statements dis-
“care” employed in their examination of ‘all terted.
documentary evidence” (Sec. 8), culled out of
the Census Report of Mr. Henry W. Elliott a
statement which gives the impression that the
skins taken by the lessees were only counted in
bundles on the Islands, and that they were
recounted in the same bundles by the customs
authoritiesin San Francisco. Mr. Elliott, how-
ever, intended no such conclusion to be

drawn, as is evidenced by the following quo-

“The Counting skins

tation from the same report, page 106: Le painilet sland

skins are counted four times on the island,
as follows: by the company’s agent and the
native chiefs, when they are put into the salt-
houses, the latter giving their accounts, after
each day’s killing, to the government agent;
again when they are bundled by the natives, who

116 TANAGEMENT.

on ounting skins do the work, as each is paid for his labor by the
ands. bundle; by the government agent when they are
taken from the salt-houses for shipment, and the
fourth time by the first officer of the company’s

steamer, as they are delivered on board.”

The bundles were then transported by the
steamer to the port of San Francisco and never
opened on board the vessel, excepting to re-
bundle those which had become loose, and then
only two skins were placed in a bundle.’ On

eon "ab: San reaching San Francisco the bundles were counted
by a United States custom-house official and
also by an employé of the Alaska Commercial

2

A few bundles Company.” A few bundles were then opened

opened, E °
by an agent of the company, to examine into

their condition, the number thus opened being
Packing anafrom twelve to twenty in the whole cargo.’ All
ee the Pribilof sealskins, bundled as when they
were received, were immediately packed in
casks (such packing since 1878 being done at
the wharf where the skins were unloaded),*
taken to the railway station, and shipped to C. M.
Lampson & Company, of London.’

1M. C. Erskine, post p. 360.
2\Louis Sloss, jr., post p. 384.
3Gustave Niebaum, post p. 382; Louis Sloss, jr., post p. 384.

4Gustave Niebaum, post p. 382; Martin Myer, post p. 380; J.B.
Brown, post p. 358.
5Gustaye Niebaum, post p. 382.

FRAUDS CHARGED IN REPORT.

117

If these bundles had contained more than two | Only two skins

skins, such fact would have been known to the
London firm; but it is specifically stated by them
that they never found more than two sealskins
in any of the bundles consigned to them by
the Alaska Commercial Company during the
nineteen years of the lease." This evidence is
further supported by the testimony of the vice-
president of the Alaska Commercial Company,
who made the annual examination of a few
skins from each cargo when the quota arrived at
San Francisco ;? by the sworn statements of the
packer of the sealskins;* by the foreman of the

stevedores who unloaded the company’s steamer;*

and by Capt. Erskine, who has commanded
the company’s steamer for over twenty years.°

in a bundle.

Those who are familiar with the handling of raw Three skins ina
| F bundle would be
sealskins state that three skins could not be detected.

rolled in a bundle without exposure of such fact,
and that it would be impossible to roll four skins
together under any circumstances.® This fact
was further verified by Maj. W. H. Williams,
who made a special investigation on this point
in 1892.’

‘Letter from C. M. Lampson & Co., post p. 415; Alfred Fraser,
post p. 415.

2Gustave Niebaum, post p. 382.

3Martin Myer, post p. 380.

4 James B. Brown, post p. 358.

5M. C. Erkine, post p. 360.

6 Martin Myer, post p. 380; Gustave Nicbaum, post p. 882.

™W. H. Williams, post p. 399.

118 MANAGEMENT.

Se frond in The Commissioners further rely upon Mr. Elli-
ott’s statement, that skins weigh from 54 pounds
to 12 pounds (Sec. 671), and upon the compari-
son of such statement with that of Lieut. May-
nard, ‘‘an independent observer,” who gives the
average weight of bundles as 22 pounds and the
weight of the largest as 64 pounds (Sec. 672).
This “appears” to the Commissioners to require _
“some explanation” (Sec. 673). The implication
is evident, and the United States offer the expla-
nation in vindication of the officers of the Gov-
Explanation ofernment who are thus charged. A bundle con-
cen tains not only the two sealskins proper, but. salt
and blubber, with which they are packed for their
preservation; this naturally adds greatly to the
weight, as does also the moisture collected by
the salt and fur. A bundle will, therefore, some-
times weigh as much as 60 or 70 pounds, if the
two pelts are large, and even when consisting of
only two skins of ‘yearling pups,” weighing
when dry probably 5 pounds, the bundle weighs
sometimes 20 pounds.’ It is also a fact that in
the early years of the lease some exceptionally
large skins were taken on the islands.’
: ee Se A comparative statement of the counts of the
sealskins for the entire term of the lease, made,
respectively, by the Government official on the Is-

————

1W. H. Williams, post p.399; Louis Sloss, jr., post p. 384.
211. H. McIntyre, post p. 373.

FRAUDS CHARGED IN REPORT. 119

lands, the custom-house inspector at San Fran- Various counts
n : of skins compared.

cisco, the Alaska Commercial Company’s packers

before shipment to London, and by C. M. Lamp-

son & Company, shows that but 900 more skins

~were sold during twenty years in London than

appear in the original count made when the

bundles were loaded on thesteamer at the Pribilof

Practical agree-

1 1a] 7er 1 .
Islands.’ ‘This is an average of 45 skins per year ont of counte,

out of a quota of 100,000, which quota was fully
taken in seven years only. ‘To this extent, and
to this extent alone, can fraud be charged.

In 1875 Special Agent J. 5S. Moore made a re- ootoore’® Teport
port to the Secretary of the Treasury, embodying
the result of certain investigations made by him
as to the number of skins taken by the lessees of
the Pribilof Islands. He found that 559 more
skins had been sold in London than those ac-
counted for in the tax receipts from the Treasury
Department, and he submitted a table, compiled
by him, giving the number of skins on which
tax was paid, the number accounted for as shipped
to C. M. Lampson & Company, and the number
sold by them. He summarizes the result of his
investigation as follows: ‘I am perfectly satis-
fied that these figures are correct, unless not only
the company, but the customs officers on the
Islands, the officers of the ships that bring the

1 Max Heilbronner, post p. 368.

120

MANAGEMENT.

Moore’s report skins, the customs officials at San Francisco, and

ot 1875.

the great house of Messrs. Lampson & Com-
pany in London are one and all in collusion and
conspiracy to defraud the Treasury of the United
States. There would, besides, be another diffi-
culty to overcome, as it would be necessary to
keep false books and false entries, while in fact
nothing is so easily detected as false bookkeep-

ing.” il

Employés of As to the allegations in the Report that Gov-

lessees as Govern-
ment agents.

ernment officials were formerly employés of the
lessees, the United States admit that in one in-
stance a Government agent (John M. Morton),
who had charge of the administration of the
Pribilof Islands, was formerly in the employ of
the Alaska Commercial Company,” but deny
that any similar case has occurred, and assert
that the imputation of fraud from such a circum-
stance is unwarranted.

Further vindication of the officials and citizens
of the United States, to whom the Commission-
ers have seen fit to impute fraudulent practices
and conspiracy to defraud the Government of
the United States, is considered to be unneces-
sary.

1 Post p. 283.
2 Gustave Niebaum, post p. 283.

~~ —

Lok D:
REGULATIONS PROPOSED IN THE REPORT.

The Commissioners of Great Britain have in-
troduced in their Report a number of schemes
for the future regulation of taking fur-seals be-

longing to the Alaskan herd. The United States |

insist, as claimed in their Case, that they have,
upon the facts established by the evidence, such
a property and interest in the seal herd frequent-
ing the Islands of the United States in Bering
Sea, and in the industry there maintained arising
out of it, as entitles them to protection and to
be protected by the award of this Tribunal
against all pelagic sealing, which is the subject
of controversy in this Case. And, quite irre-
spective of any right of property or of self-
defense in respect of their territorial interests,
they claim to have clearly shown that no regu-
lations short of prohibition will be sufficient to
prevent the early destruction of the Alaskan
seal herd.

The only regu-
ations sufficient.

In a consideration of these regulations Sg Sensi a 20k

ribunal of Arbi-

gested, it is apparent that the principal curtail- tration.

ment of seal-killing, in each of the various plans —

proposed, is to be applied to the Pribilof Islands.

121

122

REGULATIONS PROPOSED.

Jurisdiction of All recommendations applying to the territory of

Tribunal of Arbi-
tration,

Unfairness of

regulations pro-
posed.

the United States, even if the property of that
Government in the seal herd is not considered,
as seems to be the case from the proposals ad-
vanced by the Commissioners, are irrelevant in
this Arbitration. The jurisdiction of the Tri-
bunal of Arbitration does not, according to the
understanding of the Government of the United
States, extend to territory or territorial waters,
which are not in dispute and the rights over
which have not been submitted to this Tri-
bunal.

The manifest unfairness, however, of the regu-
lations suggested calls for the attention of the
United States, as the proposals submitted by the
Commissioners demonstrate most clearly the spirit
of partiality which is a feature of the whole Re-
port. For this purpose the United States will
give brief attention to these suggested regula-
tions; nevertheless, always insisting that all
proposals affecting the unquestioned territorial
rights of the United States are without the
jurisdiction of this Tribunal and are irrelevant to
the present contention.

(a) Improvements in the methods of taking seals.
(Secs. 147-150.)

On Pribilof The first suggestions advanced by the Com-

Islands.

missioners are in relation to improvement in the

METHODS OF TAKING SEALS.

methods of taking seals on the breeding islands ;
all of these proposed improvements are already
in force on the Pribilof Islands, though the
United States admit that in some minor details
a change may be beneficial.

The second suggestions are as to improvements

in the methods employed at sea. The first pro-

123

Ons Rribihot

slands.

At sea,

Use of the rifle

posal is to prohibit the use of the rifle. The fol- obsolete.

lowing statements in the Report show the little
importance of sucha regulation: “The rifle was
introduced, though soon superseded by the shot-
gun, which has now become the usual hunting
weapon” (Sec.584, p. 100); ‘if killed, as happens
in the majority of cases, especially now that the
shotgun has superseded the rifle,” etc. (Sec. 604);
“the use of the shotgun for the purpose of kill-
ing seals at sea has now become so nearly univer-
sal that it is doubtful,” etc. (Sec. 657). . It does
not seem that the Commissioners can seriously
advance a proposition to prohibit a weapon the
use of which in pelagic sealing has become ob-
solete.

The second improvement is the adoption of a, Vicenses apply

o only half of

system of licenses for White hunters, there being hunters

no suggestion made for such licenses for Indian
hunters. In 1891, according to the Commis-
sioners’ table (p. 205), 715 whites and 368 In-
dians were employed on the vessels constituting

124

Licenses apply
only to half o
hunters.

Increased li-
cense for steam
vessels ofno value.

REGULATIONS PROPOSED.

the Victoria sealing fleet. Of all these vessels
but three had white seamen (p. 205). It can,
therefore, be assumed that at least 360 of the In-
dians were hunters or canoemen; and, as but two
Indians go in a canoe,’ 180 of the 369 boats and
canoes given in the table contained Indian hunt-
ers, so that this general “improvement” proposed
would only affect one-half of the hunting force
of the Victoria fleet. Besides this, the system of
licenses proposed, the United States contend,
could not be made effective, even if it covered all
classes of hunters.

The third “improvement” suggested is to in-
crease the license fee for ‘‘vessels propelled by
machinery.” As but two out of fifty of the Vic-
toria fleet appear, by the table in the Report
(p. 205), to have used machinery in 1891, and as
their catches were but 50 and 385 skins, respec-
tively, while the average per vessel is shown by
the table to have been nearly 1,000, it is impossi-
ble to see how such a restriction would be par-
ticularly beneficial. It has also been stated by
those interested in pelagic sealing at Victoria
that the steam vessels used in seal-hunting have

never paid expenses.”
1 Appendix to Case of the United States, Vol. I, pp. 498, 504;

Vol. II, pp. 317, 326, 369, ete.
?Report of Special Agent Henry, post p. 246.

SPECIFIC SCHEME SUGGESTED. 125

(b) Restriction in the number of seals to be taken.
(Secs. 151-154.)

The Report presents suggestions whereby itis Unfairness of
ste limitations pro-
proposed to limit the number of seals taken. It posed.
is observable that the limitations proposed for the
Islands are for a fixed number and class of seals;
while the restrictions for pelagic sealing are pro-
hibitions as to time and place, no provision being
made as to number or kind of seals taken. The

unfairness of such proposals is manifest.

(c) Specific scheme of regulations recommended.

The Commissioners, after this generalization poten ence: rec-
as to the methods of restriction necessary, present
specific limitations ‘‘at shore and at sea,” which
they believe would afford the requisite degree of
protection, in view of the actual condition of seal
life as it presents itself to them at the present
time. (Sec. 155.) |

The first restriction proposed is to limit the Limitation of
number of seals to be taken on the Pribilofislands
Islands to a fixed maximum of 50,000 (Sec.
155a). This proposed regulation, being appli-
cable to the territory of the United States is, as
already noticed, without the jurisdiction of this
Tribunal.

The second proposition is to create a zone about Protective zone

the Pribilof Islands with a radius of 20 nautical?” oi

126 REGULATIONS PROPOSED.

4 a leting zone miles, within which pelagic sealing shall be pro-
hibited (Sec. 155b). The Case of the Umted
States has fully dealt with this plan of zonal pro-
tection,’ and the Report itself practically admits
the difficulty of enforcing such a prohibition
(Secs. 160, 768).

‘ Close season pro- The third proposal of the Commissioners is a
close season for pelagic sealing, extending from
the 15th of September to the 1st of May in each
year, with the additional provision that no sealing
vessel shall enter Bering Sea before the 1st of

Basis of pro-July in each year (Sec. 155c). This is based on
tent the assumption that males and barren females
constitute substantially the whole of the pelagic
catch in Bering Sea (Sec. 648). If, however,
this could be established, it is at once evident
that, if the alleged faults in the management of
the Pribilof Islands were corrected, the class of
barren females, alleged as forming a large per-
centage of the Bering Sea catch (which assertion
is advanced as an apology for pelagic sealing),
would entirely disappear. Thus the excuse for
open-sea sealing is based on the alleged mis-
management of the seal rookeries by the United

States.

woe euson ‘The period in which sealing is allowed by the

effect. regulations proposed is substantially the same as |

'Case of the United States, pp. 256-263.

SPECIFIC SCHEME SUGGESTED. L2G

the time occupied by the sealers in taking the Bpeserte ot
so-called “Sand Point” and ‘‘ Bering Sea” catches, eflect.

which in 1891, according to the Commissioners’

table (p. 205), constituted 93 per cent of the total

catch of the Victoria fleet. ‘The Commissioners

thus propose that the Pribilof Island quota be

cut down 50 per cent and the pelagic catch but

7 per cent.

As to the further concession of the Report, Boe dere
that sealing vessels may be prohibited from enter- July 1, ne conces-
ing Bering Sea till the 1st day of July in each
year, it is to be noted that the Commissioners
state that the seais “now usually entered by
pelagic sealers between the 20th of June and 1st
of July” (Sec. 649). It can not be that such
auseless restriction can be suggested in the
Report, except for the purpose of appearing to
make a concession when none is really made.

The Report further proposes that for every “Compensatory

adjustments” pro-
decrease of 10,000 seals taken on the Islands an posed.
increase of 10 nautical miles be given to the
width of protected waters about the islands (Sec.
156). As this is simply an extension of the zonal
question to a larger area, it is considered to be
unnecessary to further discuss this proposed
‘compensatory adjustment.” A second proposal
of the same nature is to curtail the open season
for pelagic sealing by seven days if the quota

128 REGULATIONS PROPOSED.

er ery on the Islands is reduced 10,000. The Commis.

posed. sioners evidently consider that this suggestion is
‘Ca just scale of equivalency as between shore
and sea sealing” (Sec. 156); that is, that one

Sie a week of pelagic sealing equals 10,000 seals killed.

—— As the open season proposed by them consists of
over twenty weeks, this presupposes a pelagic
catch of 200,000 seals, or four times as many as
are contemplated by their regulations to be al-
lowed to the Pribilof Islands. It would also
make the combined number of skins derived |
from the Alaskan herd 250,000, which certainly
would be more damaging to seal life than the
present condition of affairs, even if the United
States allowed 100,000 skins to be taken on the
Islands.

cUnfaimess of ‘The recommendation by the Commissioners

shown. of a series of regulations such as those above
considered is clearly indicative of the bias and
partisan spirit which appear in nearly every
section of their Report.

al aarp: The alternative regulations proposed (Sees.

lations. 163-168), such as entire prohibition of killing
seals on the breeding islands and periods of rest,
with the necessary governmental charge thereby
imposed, are not regarded by the United States
as subjects requiring attention in the Counter

Case. They are manifestly inadmissible.

fPeiacy OF THE UNITED STATES TO THE
BRITISH CLAIMS FOR DAMAGES.

In regard to the schedule of claims for dam-
ages appended to the Case of Great Britain, upon
which findings of fact are asked under the pro-
visions of Article VIII of the Treaty of Arbi-
tration:

The United States admit that a portion of the , Seizures admit-
vessels named in the schedule were seized by their
cruisers at or about the time stated, that the ves-
sels were at the times of such seizures in the
waters of Bering Sea and more than one marine
league from any land owned by or within the
jurisdiction of the United States; but such seizures
were made upon the waters included in the treaty
of cession of March 80, 1867, between Russia and
the United States.

As to others of the vessels mentioned in the, ie ee
schedule, the United States admit that they were 5 "mitted.
ordered by the cruisers of the United States to
leave Bering Sea, where they were unlawfully
engaged in taking fur-seals; and, as to others, that
they were about to enter that sea for the same
unlawful purpose and were warned not to do so
by the cruisers of the United States. But,
whether the vessels so ordered out of Bering Sea,
or warned not to enter the same, left it, or

refrained from entering it, by reason of such
12364——_9 129

130 REPLY OF UNITED STATES

_rrohibition of orders and warnings, the United States are not
Sea admitted. “informed save by the statements accompanying
said claims, and they do not. admit that such
orders or warnings were obeyed.
eeetsons, a The United States charge that each and all of
the vessels when so seized were engaged in the
hunting of fur-seals in the waters of Bering Sea
in violation of the statutes of the United States,
and that such seizures were made in accordance
with the laws of the United States* enacted for
the protection of their property interest in the
fur-seals which frequent Bering Sea and breed
only upon the Pribilof Islands, which Islands
are part of the territory of the United States;
and that the acts of the crews and owners of
these vessels in hunting and catching seals were
such as, if permitted, would exterminate the
Alaskan seal herd and thereby destroy an article
of commerce valuable to all civilized nations.
Vessels seized, It is further insisted, on the part of the United
Bites hacia States, that the steam schooners Thornton, Grace,
Anna Beck, and Dolphin and the schooners Say-
ward, Carolena, Pathfinder, Alfred Adams, Black
Diamond, and Lily, for the seizure of which
claims for damage are made, were at the time of

their seizure owned in whole or in part by citi-

1 Sec. 1956, Revised Statutes of the United States; see Appendix
to Case of the United States, Vol. I, p. 96.

TO BRITISH CLAIMS FOR DAMAGES. 131

zens of the United States, and that, therefore, Vessels seized,
: E . owned by United
no claim for damages can be urged in their be- States citizens.
half by Great Britain; that the steam schooners
Thornton, Grace, Anna Beck, and Dolphin and
one-half of the schooner Sayward were owned

Relations of Bos-

by one Joseph Boscowitz, a citizen of the United cowitz, Warren,
a . and Cooper.

States; that James Douglas Warren, in whose

name the claim is made as to the steam schooner

Thornton, had no real interest therein, but that

the same was mortgaged to her full value to

: z Joseph Bosco-
Joseph Boscowitz, who was in fact the realwitz, United

owner; and that Thomas H. Cooper, in whose a
name the claims growing out of the seizures of
the schooner W. P. Sayward and of the steam
schooners Grace, Dolphin, and Anna Beck are
made, had in fact no interest therein and has in
no respect been damnified or sustained loss by
the seizures thereof, either as owner of these
schooners and steam schooners, their outfits, or
their catches, the same being mortgaged to their
full value to Joseph Boscowitz, above referred
to, and having been conveyed to Thomas H.
Cooper, without consideration, for the sole pur
pose of giving them a registry as British vessels.
It is also insisted by the United States that A. J. Bechtel,

. : nited States citi-
the schooners Carolena and Pathfinder were in en, owner.

1 Deposition of Thomas H. Cooper, post p. 320. Affidavit of T.
T. Williams, Appendix to Case of the United States, Vol. II, p. 491;
post p. 351, Testimony in Warren vs. Boscowitz, post p. 301-320.

132 REPLY OF UNITED STATES

Tey. Beebtel, fact at the time of their seizure owned by one
izen, owner. A. J. Bechtel, then a citizen of the United States,?
and that William Munsie and Frederick Carne,

in whose names the claim for damages growing

out of the seizure of these schooners are made,

had in fact no interest in the schooners or their

outfits and catches; that the schooners Alfred

Adams, Black Diamond, and Lily, for the seizure

of which claims are made in the schedule, were
A.Frank,Unitedin fact at the time they were seized owned by

States citizen, ae
owner. one A. Frank, who was then a citizen of the

United States; that Gutman, in whose name the
schooner Alfred Adams was registered, was not
the actual owner of the schooner, her outfit or
catch, but, on the contrary, that the said schooner,
her outfit and catch, were owned by said Frank ;
that after the release of the Alfred Adams from
seizure her name was changed to Lily, in behalf
of which damages are also claimed in the
schedule, she remaining the property of A. Frank,
and he alone being interested in her outfit and
catch, and not Morris Moss, in whose name the
last-mentioned claim is presented; and that said
Frank was also the owner of the schooner Black
Diamond, her outfit and catch, and that he was
the real person who sustained damage or loss by

1T. T. Williams, post p. 351.

s

cei

ns

TO BRITISH CLAIMS FOR DAMAGES. las

reason of the seizures of the Alfred Adams, Lily, | A.Frank, United
States citizen,

and Black Diamond.* Ss

It is further insisted, on the part of the United No damages can

be awarded for

States, that all the items in the several claims in pee Perel em

the schedule, designated as ‘loss of estimated

catch,” ‘probable catch,” ‘balance of probable

catch,” ‘‘reasonable earnings for months of Oc-

tober, November, and December,” “loss of

profits,” for seasons subsequent to seizure, and

all items in said claims based on future or con-

tingent events, are in the nature of prospective

profits or speculative damages, and are so uncer-

tain as to form no legal or equitable basis for

finding facts upon which damages can be predi-

cated. Claims of the same nature were made on

behalf of the United States before the Tribunal

of Arbitration on the Alabama Claims, which

met at Geneva in 1872, and in passing upon

this class of claims that Tribunal said: “And Decision in
Geneva Arbitra-

whereas prospective earnings can not properly 2.

be made the subject of compensation, inasmuch

as they depend in their nature upon future and

uncertain contingencies, the Tribunal is unani-

mously of opinion that there is no ground for

awarding to the United States any sum by way

of indemnity under this head.’

1W. H. Williams, post p. 352.

2Papers relating to the Treaty of Washington (Alabama Claims),
Congressional publication, Vol. 4, p. 53.

134 REPLY OF UNITED STATES.

Alldamages Jt is further insisted, on the part of the United
claimed excessive.
States, that the value of each and all the vessels
so seized, mentioned in the schedule of claims,
and the detailed accounts in relation thereto, are

grossly exaggerated, and that, in fact, the values

of these vessels and their respective outfits were
far below the amounts stated and claimed; and
the damages claimed are in all respects excessive,!
aside from those which, as stated above, are
wholly untenable.

meuestions sub- ‘The United States do not deem it necessary to
ticle VIII. state in detail wherein the valuations and dam-
ages claimed are excessive and exaggerated, or
submit proofs in relation thereto, further than by
the analysis of said claims found in the Appen-
. dix to this their Counter Case, at page 339, for the
reason that the ‘‘questions of fact involved in the
claim” of either of the parties to the Treaty
against the other, to be submitted to the Tribu-
nal of Arbitration under the provisions of Article
VIII, should, as this Article is understood by the
United States, have relation only to such facts as
tend to fix the liability of one party to the other,
and do not include facts which only relate to the
amounts of such claims.

1 Tables showing values of vessels seized, etc., post pp. 339-340.
Report British Commissioners, pp. 205, 210, and 211.

CONCLUSION. 135

The Government of the United States, in clos- Reasserts the
z ‘ ¢ : positions taken in
ing its presentation of the matters in controversy the case.
by this reply to the printed Case of Great Britain,
reasserts the positions taken in its printed Case
and all of the propositions and conclusions con-
tained therein, and is prepared to maintain the
same by argument before the Tribunal of Arbi-

tration.

ei: Sit wid |
Set hatte eet) HE frig :

ao ‘uate’ & ice ving

alte om ie oY “GE a Seaiager ez Rat

=

; eaetraee k E ory state Es

ae IN LX.

TO

THE COUNTER CASE OF THE UNITED
STATES.

137

DIPLOMATIC CORRESPONDENCE RELATING TO THE INTERPRE-
TATION OF THE TREATY OF ARBITRATION.

Mr. Foster to Mr. Herbert.

DEPARTMENT OF STATE,
Washington, September 27, 1892.

Srr: On the 6th instant, the day after the receipt by me of the
Printed Case of Her Majesty’s Government called for by the provisions
of the Arbitration Treaty of 1892, in a conference which I had the honor
to hold with you at the Department of State, I made known to you the
painful impression which had been created upon me by a hasty and
cursory examination of that Case. I withheld any formal representa-
tion on the subject until I could have an opportunity to lay the matter
before the President. His absence from this capital and the attendant
circumstances have made it necessary for me to delay a communication
to you till the present.

I am now directed by the President to say that he has observed with
surprise and extreme regret that the British Case contains no evidence
whatever touching the principal facts in dispute upon which the Tri-
bunal of Arbitration must in any event largely, and in one event en-
tirely, depend. No proof is presented upon the question submitted by
the treaty concerning the right of property or property interest asserted
by the United States in the seals inhabiting the Pribilof Islands in
Bering Sea, or upon the question, also submitted to the Tribunal of
Arbitration, concerning the concurrent regulations which might be
necessary in a certain contingency specified in the Treaty.

If it were fairly to be inferred from this omission that no proofs on
these important points are intended to be offered in behalf of Her Maj-
esty’s Government, no ground for criticism or objection by the Govern-
ment of the United States could arise, since it is within the exclusive
province of either party to determine what evidence it will submit in
respect to any part of the controversy, or to refrain from submitting
any evidence at all. But such inference as to the course contemplated
by the British Government does not seem consistent with certain state-
ments made by its agent in the Printed Case submitted by him.

In reference to the asserted property rights and interests, it is said,
after a brief discussion of the question upon the assumption that seals
are fere nature: “In the absence of any indication as to the grounds
upon which the United States base so unprecedented a claim as that
of a right to protection of, or property in, animals fere nature upon the
high seas, the futher consideration of this claim must of necessity be
postponed.” (British Case, p. 140.) And in reference to the subject
of concurrent regulations it is said: “The further consideration of the
subject of any proposed regulations, and of the evidence proper to be
considered by the Tribunal in connection therewith, must of necessity
be for the present postponed.” (British Case, p. 157).

It would seem from the foregoing extracts that it is the view of the
Agent of the British Government that he still has an opportunity of

139

140 DIPLOMATIC CORRESPONDENCE.

laying before the Tribunal any matter which he may choose to introduce
by way of proofs or evidence bearing upon the question of property, or
interest in the nature of property, in the Alaskan fur-seals, or upon the
question of concurrent regulations for the protection and preservation
of the same; and, inasmuch as the Treaty provides for the submission of
evidence. only through the Cases and Counter Cases therein mentioned,
such view of the British Agent must be that he may incorporate such
proof and evidence in the Counter Case to be prepared by him, leaving
the United States without any means of contradicting, limiting or quali-
fying them, however open they may be to contradiction, limitation, or
qualification.

It must be evident to the Government of Her Britannic Majesty
that by the provisions of the Treaty the question whether the United
States have any property interest in the seals referred to, and the
question what concurrent regulations in the specified contingency may
be necessary, are directly submitted to the Tribunal; that the Treaty
assumes that each party will or may have allegations to make and evi-
dence to produce upon both questions; that the plain contemplation of
the Treaty is that each party shall state in his case what his proposi-
tions of law are, and the evidence which will be relied upon in support
of them, to the end that the other party may have a fair opportunity of
showing in his Counter Case that such evidence is untrue, or erroneous,
or partial, or subject to qualification or explanation, for which purpose
alone the provision for a Counter Case was framed.

The British Agent and Counsel must well know that the decision of
the two questions above referred to must depend upon the evidence
produced concerning the nature and habits of the fur-seal, and the
methods of capture and killing which are consistent with the preserva-
tion of the species; and that it is mainly upon these points that collision
and contradiction upon matters of fact and differences in respect to
matters of opinion are exhibited by the statements of persons likely to
be made witnesses; that such witnesses are, in many instances, under
the influence of prejudice and bias, and in some, open to the suspicion
of insincerity and untruthfulness; and that the only way by which
either party may protect itself against the consequences of falsehood or
error is by having an opportunity to detect and expose it.

The President can not conceal his astonishment that it should be
assumed that the British Government is at liberty to introduce a whole
body of testimony of this character for the first time in its Counter
Case, and thus shut out the United States from an opportunity of detect-
ing and exposing any errors which may be contained in it. The Gov-
ernment of the United States can not fail to be aware, from the cor:
respondence that has hitherto taken place on this subject between the
two Governments, as well as from full information derived from the
representatives and agents of Her Majesty’s Government and the Cana-
dian Government in the course of the proceedings and discussions that
have already occurred, not only that it is claimed on the part of those
Governments that material evidence exists to contradict the facts as-
serted by the Government of the United States, but that a considerable
part of it has been already taken and prepared by the British Govern-
ment, as to the character, extent, and weight of which, however, the
Government of the United States is wholly uninformed.

The propositions of law and of fact upon which the United States
will rely in the Arbitration are precisely stated in its Case now in the
hands of Her Majesty’s Government, and need not be recapitulated
here. In support of these assertions of fact a large amount of evidence,
and all the evidence the Government of the United States will offer,

a

RELATING TO INTERPRETATION OF TREATY. 141

except in rebuttal of that which may be introduced on the other side,
has been prepared and is printed in the American Case and its Ap-
pendices.

The facts presented in the American Case are not new. They have
been the subject of long discussion and correspondence between the
two Governments. and of prolonged consideration by the Commissioners
of the respective Governments appointed many months before the
Treaty was celebrated, and whose functions, set forth in Article 9 of
-that instrument, were to investigate the subject of seal-life and the
measures necessary for its protection. The opposing claims of the
Governments in respect to these facts have been recognized and under-
stood as constituting in one view to a large extent, and in another view
to the full extent, the controversy for the determination of which the
Tribunal of Arbitration has been created. If the Commissioners could
have agreed in respect to them, as was hoped and desired on both
sides, an arbitration might not have been necessary. It is therefore
impossible for the Government of the United States to believe, unless
it should be so assured by Her Majesty’s Government, that it is the
intention of that Government to bring forward no evidence on these
points in its own behalf.

If such evidence is to be offered hereafter in the British Counter Case,
the result of withholding it in the Case already delivered will be as fol-
lows: When presented in the Counter Case the United States Govern-
ment will have under the provisions of the Treaty no opportunity
whatever to meet it by rebutting proof of any description, but must
proceed immediately to trial without being able to offer any contra-
dictory, explanatory, or impeaching evidence. The Counter Case is
the last chance afforded by the Treaty for the introduction of any evi-
dence at all. It is therefore provided that the Counter Cases shall not
be exchanged until thirty days before the final submission of the ques-
tions for decision. And thus the whole body of the British evidence, if
reserved for the Counter Case, would only come to the knowledge of
the Government of the United States on the eve of the hearing, with-
out the privilege of answering it.

Especially would such a method of trial prove injurious to the United
States Government in respect to that branch of the hearing that refers
to the regulations which the Tribunal is authorized to prescribe in its
discretion for the preservation of the seal herd from extinction, if in
the course of the consideration of the Case they should reach the con-
clusion that the United States Government can not demand such pro-
tection as aright. A strange misconception seems to exist in the mind
of the Agent of Great Britain that a hearing other than that provided
in the Treaty is to be afforded for the consideration of the question of
regulations, should the contingency therefor arise, and that another
opportunity than the Printed Case is to be granted for the submission
of evidence upon this question.

It must be manifest from an examination of the Treaty that only one
opportunity is afforded each party to submit evidence on this question,
and that is to be availed of in the original Case, except so far as evi-
dence in rebuttal may be legitimate in the Counter Case. Should the
Arbitrators, in the course of their deliberations, find it necessary to
consider the question of regulations, the nature, extent, and efficiency
of the regulations to be framed must be determined entirely upon the
evidence already submitted, since the subject is one upon which the
Arbitrators can have no other knowledge than that thus afforded.
_ How far and how gravely the Governments are at issue upon this poiat

may be seen by reference to the correspondence regarding it between

142 DIPLOMATIC -CORRESPONDENCE,

their respective representatives preceding the celebration of the Arbi-
tration Treaty. Can the United States be reasonably expected to dis-
cuss this important question upon a mass of adverse evidence which
it has had no chance to meet by counter evidence and hardly time in-
telligently to peruse?

It is further worthy of remark that, by the proposed method of rake
ing up the Case, the United States Government will not only be deprived
of the means of reply to the British evidence by proof, but also of the
opportunity adequately to discuss it in argument. It will be observed
from the provisions of the Treaty that the written argument upon the
whole case must be complete and delivered within thirty days from the
reception of the Counter Cases. During this time the argument on the
American side must be prepared, printed, and sent across the Atlantic,
although a considerable part of the time must necessarily be occupied
by counsel in reaching Paris from the United States. While this may
be possible, though not easy, in respect to so much of the Case as has
been for several months previously in the hands of counsel, if only evi-
dence strictly in rebuttal remains to be dealt with after the Counter
Cases are exchanged, it would be manifestly impossible, if the bulk and
strength of the British proofs are to be presented for the first time in
the Counter Case, to prepare any argument in respect of them that
would be likely to be useful within a period so short and so interrupted.

To a construction of the terms of the Treaty which leads to results
so grossly unjust and so gravely prejudicial, the Government of the
’ United States can not assent. It would be, in its judgment, such a
perversion of the letter and such a violation of the spirit of the Treaty
as would threaten to defeat its objects and be fatal to its usefulness.
It may safely be asserted that in no judicial proceeding ever invented
for the determination of disputed facts was it allowed that one party
should be at liberty to introduce his whole case in such a manner as to
give his adversary no opportunity to present evidence in reply to it,
although afforded on his own side full means of replying to his adver-
sary’s testimony. Such a method of trial could not be expected to
result in a just decision. Had such a proposal been made in the present
case by either of the high contracting parties, when the provisions ot
the Treaty were being framed, it would have been at once rejected, not
only as inadmissible, but as unworthy of the Government presenting it.

The true intent of the terms of the Treaty in respect to the mode of
trial is, as the Government of the United.States respectfully insists,
obvious and clear. But one Case and one Counter Case are provided
for on each side. No issue is previously formed, and no pleadings in-
terposed. It is manifestly contemplated that both parties shall simul-
taneously submit to the Arbitrators and to each other, in the Case which
is to be exchanged within four months from the ratification of the
Treaty, their propositions, their claims, and their evidence, upon all
points in dispute. Neither goes forward, as in an action at law, neither
is entitled to wait until he receives his adversary’s case before submit-
ting his own. Both understand by long correspondence and negotia-
tion what the controversy is. Then to each is afforded the opportunity
to reply to the Case on the other side in the Counter Case, which is to
be exchanged within three months after the reception of the Case. The
language of Article [v is upon this point decisive. No further oppor-
tunity of submitting evidence and no second hearing are provided for
respecting regulations or any other matter.

To the Counter Case no reply is provided for, except in argument, for
the plain reason that it is supposed to contain no evidence except that
in rebuttal. This method is fair to both sides, and places both on an

——

Ce

RELATING TO INTERPRETATION OF TREATY. 143

equality. And as confirming the intention of the Governments as to
these stages of the proceedings of the Arbitration, it is required that
the decision of the Tribunal on the points submitted to it shall, if pos-
sible, be made within three months from the close of the arguments.

The Government of the United States has entire confidence that in
this view of the requirements of the Treaty it will have the concur-
rence of Her Majesty’s Government.

The Government of the United States has been and is extremely
desirous that the Arbitration should proceed, but only according to the
Treaty, the object of which was to provide a fair trial. To this end it
has made an elaborate preparation and has complied, on its part, with
every requirement of the Treaty. It would be a source of profound
regret to the United States Government and, as it can not doubt, to
Her Majesty’s Government, if the Arbitration should at this stage be
put in peril. Should the assurance be received from Her Majesty’s
Government that the apprehension above expressed is unfounded, and
that it is not intended on the part of that Government to offer in its
Counter Case evidence on the points that have been mentioned herein,
the Government of the United States would accept the British Case as
already delivered as a full compliance with the requirements of the
Treaty.

But in the absence of such an assurance, and in view of the state-
ments made in that Case by the agent of Great Britain herein quoted,
I am directed by the President to state that he would feel constrained
to regard the British Case as submitted as a failure on the part of Her
Majesty’s Government to comply with the terms of the Treaty of Feb-
ruary 29, 1892, and to protest in the most solemn manner against this
noncompliance with its provisions.

But the President entertains the greatest confidence that when the
views herein expressed are brought to the attention of Her Majesty’s
Government it will hasten to correct the errors which have been made
by its representatives in charge of its Case, and he is pleased to give
the assurance in advance that the Government of the United States
will assent to any reasonable means that may be proposed to that end
by Her Majesty’s Government. It is to be noted, however, that if the
date fixed in the Treaty for the closing of the Counter Cases is to be
observed no time is to be lost by the British Government in submitting
such proposition as may seem to it to be called for under the circum-
stances.

It would not be possible to correct the injustice which the Govern-
ment of the United States conceives has already been done by the
manner in which the British Case has been made up. It was an ad-
vantage which, it is conceived, was not intended to be afforded to either
party that, in taking its evidence in chief, it should have the benefit
ot the possession of all the evidence on the other side, as also that in
making up the report of its Commissioners it should first be provided
with that of their colleagues representing the other Government in re-
Spect to those points upon which they have failed to agree. But this
disadvantage the United States Government prefers to submit to,
though quite aware of its importance, rather than that the arbitration
should be put in peril.

I have felt it necessary to enter at some length upon an exposition
of the views of my Government upon this question, because of its
great gravity and of the serious consequences which might result from
a failure of the two governments to agree respecting it, and because
of the earnest desire of my Government to reach a mutually satisfactory
settlement. I deem it proper, however, to add in conclusion that the

144 DIPLOMATIC CORRESPONDENCE.

Government of the United States has entire confidence in its ability to
maintain its position in the controversy submitted ‘to the Tribunal of
Arbitration; but to this end it must be afforded the benefit of those
substantial safeguards against the introduction of error which the
judicial systems of all nations so carefully secure and which were de-
signed to be secured by the provisions of the Treaty. In the absence
of such safeguards no party to a judicial proceeding can be confident
of the protection of his rights; indeed, a trial of a question of right
when one party has no opportunity of meeting aud answering the alle-
gations and evidence of the other does not deserve the name of a judicial
proceeding.

I have the honor to be, with high consideration, your obedient
servant,

JOHN W. FOSTER.

Lord Rosebery to Mr. Herbert.

(Handed to Mr. Adee by Mr. Herbert, October 25, 1892.)
(No. 234.)

CONFIDENTIAL. | FOREIGN OFFICE, October 13, 1892.

Sir: I have received your dispatch, No. 270, of the 28th ultimo, inclos-
ing a copy of the note addressed to you by the United States’ Secretary
of State on the 27th September last respecting the Behring Sea Arbi-
tration.

Its contents, the general purport of which you had previously con-
veyed to me by telegraph, have received the attentive consideration of
Her Majesty’s Government, and it appears to them to be necessary to
examine its various contentions in some detail.

Mr. Foster states :—

(1) That the President “has observed with surprise and extreme re-
gret that the British Case contains no evidence whatever touching the
principal facts in dispute upon which the Tribunal of Arbitration must
in any event largely, and in one event entirely, depend. No proof is
presented upon the question submitted by the Treaty concerning the
right of property or property interest asserted by the United States in
the seals inhabiting the Pribilof Islands in Behring Sea, or upon the
question, also submitted to the Tribunal of Arbitration, concerning the
concurrent regulations which might be necessary in a certain coutin-
gency specified in the Treaty.”

(2) Mr. Foster goes on to affirm that the Treaty provides for the sub-
mission of evidence only through the Cases and Counter Cases therein
mentioned, and he infers that the view taken by the British Agent
must be “that he may incorporate such proof and evidence in the
Counter Case to be prepared by him, leaving the United States without
any means of contradicting, limiting, or qualifying them, however open
they may be to contradiction, limitation, or qualification.”

The Government of Her Britannic Majesty can not admit that there
is any foundation for these complaints, which seem to be based upon a
construction of the Treaty which, in their belief and in the opinion of
their advisers, is erroneous.

The scheme of that Treaty provides that the five questions submitted
in Article vI should be kept distinct from, and that the decision there-
on should be prior to, the consideration of any question of concurrent
regulations, which consideration would only become necessary in the

a

Ritts we, eet Ai

RELATING TO INTERPRETATION OF TREATY. 145

event of the five points being decided unfavorably to the claim of the
United States. The sixth Article requires that a distinct decision shall
be given on each of these points, while the seventh Article provides
that “if the determination of the foregoing questions as to the exclusive
jurisdiction of the United States shall leave the subject in such position
that the concurrence of Great Britain is necessary to the establishment
of regulations for the proper protection and preservation of the fur-
seal in, or habitually resorting to, Behring Sea,” the Arbitrators shall
then determine what concurrent regulations are necessary, and that
“to aid them in that determination, the report of a joint commission,
to be appointed by the respective governments shall be laid before
them, with such other evidence as either Government may submit.”

It will be noted that the seventh Article of the Treaty refers only to
the report of a joint commission, and it is by the ninth Article alone
provided that the joint and several reports and recommendations of
the Commissioners may be submitted to the Arbitrators, “ should the
contingency therefor arise.”

The event, therefore, on the happening of which the report or reports
and further evidence are to be submitted is thus indicated by the
Treaty; that event being the determination of the five points sub-
mitted in the sixth Article unfavorably to the claim of the United
States, and so that the subject is left in such a position that the con-
currence of Great Britain is necessary for the purpose of establishing
proper regulations.

It will be noticed further that the inquiries of the commissioners are
confined by articles vit and Ix to the question of regulations, and have
no reference to the points raised by Article VI.

It is clear, therefore, that by the Treaty it was intended that the
report or reports of the Commissioners should be produced, not as part
of the Case upon the questions stated in Article VI, but at a later stage,
and then only in the contingency above referred to.

With regard to point 5 of Article v1, the Government of Her Britannic
Majesty, believing that the alleged “right of property or property
interest” depends upon questions of law, and not upon the habits of
seals and the incidents of seal life, have stated propositions of law which
in their opinion demonstrate that the claim of such right is not only
unprecedented, but untenable. These propositions will be found at

‘pages 135 to 140, 153 to 157, and propositions 15, 16, and 17, on page 160
of the Case of this Government.

This being the view of the Government of Her Britannic Majesty, it
would have been altogether inconsistent with it and indeed, as they
conceive, illogical and improper to have introduced into the British
Case matter which, in the opinion of Her Majesty’s Government, can
only be legitimately used when the question of concurrent regulations
is under consideration.

The Government of Her Britannic Majesty therefore reserved, and in
their opinion rightly reserved, until the time contemplated by articles
vit and 1x of the Treaty, the consideration of the question of concurrent
regulations should the contingency therefor arise, and Her Majesty’s
Government protest against the introduction at this stage of facts
touching seal life, which they contend afford no support to the exclusiye
rights claimed by the United States, which were the original cause and
formed the first object of this arbitration,

With regard to the allegation that the United States will have no
means of contradicting, limiting, or qualifying the proof and evidence
adduced in the British Counter Case, the Government of the United
States appear to have overlooked the provision of article vil, by which

1236410

146 DIPLOMATIC CORRESPONDENCE.

with reference to the question of the concurrent regulations, express
permission is given to each government to submit other evidence.

These are the views of the Government of Her Britannic Majesty,
and they must maintain their correctness. But the Government of the
United States have expressed a different view; they have taken the
position that any facts relevant to the consideration of concurrent
regulations should have been included in the Case on behalf of Her
Britannic Majesty presented under article 111, and that the absence of
any statement of such facts places the United States at a disadvantage.
The Government of Her Britannic Majesty, while dissenting from this
view, are desirous in every way to facilitate the progress of the arbi-
tration, and are therefore willing to furnish at once to the Government
of the United States and to the arbitrators the separate report of the
British Commissioners, with its appendices. The Government of the
United States are at liberty, so far as they think fit, to treat these
documents as part of the Case of the Government of Her Britannic
Majesty.

Her Britannic Majesty’s Government must, however, reserve to thein-
selves the right of dealing in its Counter Case, or at later stages of the
proceedings, as contemplated by the Treaty, with the questions which
have been raised in the Case of the United States. It must also be
understood that Her Britannic Majesty’s Government reserve to them-
selves the right of objecting to the introduction in the consideration of
the five points submitted by the sixth article of the Treaty of matter
which they contend to be irrelevant and which they consider to have
been improperly introduced in that connection.

The Government of Her Britannic Majesty have observed with sur-
prise a suggestion, contained in the concluding paragraphs of Mr.
Foster’s note, that they have derived an advantage in “‘ making up the
report of its Commissioners,” by being first provided “ with that ot
their colleagues representing the other government in respect to those
points upon which they have failed to agree.” This advantage Mr.
Foster further characterizes as important. The Government of Her
Britannic Majesty had taken a different view as to the functions of the
Commissioners from that apparently taken by the Government of the
United States. Her Majesty’s Government had regarded them as in-
dependent and free from control in the preparation of their report, and
the duty of strict impartiality will be found to have been specially im-
pressed upon them in their instructions.

The report and appendices, in the words in which they are now
presented to the United States, were printed on the 21st June, 1892,
and laid before the Queen in pursuance of Her Majesty’s Commission.

As the time for the delivery of the Counter Cases has now been ex-
tended by sixty days, the Government of the United States will prob-
ably concur in thinking that ample time will be afforded to that Goy-
ernment for dealing fully with the report, but the Government of Her
Britannic Majesty would be prepared to concur with the United States
Government in agreeing to a further extension of time, should the
United States Government require it.

You will deliver to Mr. Foster a copy of this dispatch; as forming

the answer of Her Majesty’s Government to his note of the 27th ultimo,

and you will present to him at the same time the accompanying copies

of the volume containing the report of the British Commissioners.
Copies of the volume will be forwarded to each of the arbitrators,

and Her Majesty’s Government propose also to forward to them copies —

of Mr. Foster’s note and of this dispatch.
I am, etc., ROSEBERY.

'

RELATING TO INTERPRETATION OF TREATY. 147

Mr. Foster to Mr. Herbert.

DEPARTMENT OF STATE,
Washington, November 9, 1892.

Srr: I had the honor to receive through you, on the 25th ultimo, a
copy of Lord Rosebery’s dispatch of the 13th of the same month, but
an acknowledgment has been delayed for the reason that the interpre-
tation placed by his lordship upon those provisions of the Arbitration
Treaty of February 29, 1892, which relate to the mode of procedure,
called, in the view of the President, for some response from the Gov-
ernment of the United States, and that this could be more intelligently
framed after the copy of the report of the Bering Sea Commissioners
made to Her Majesty’s Government, and which Lord Rosebery ex-

ressed a willingness to furnish to the Government of the United

tates, had been examined and the extent to which that report would
affect the Case theretofore prepared on behalf of Her Majesty’s Gov-
ernment was more precisely known.

This report having been furnished to the Government of the United
States and carefully examined, I now proceed to state the views enter-
tained by this Government upon the interpretation of the Treaty in the
particulars above mentioned by Lord Rosebery. That interpretation
has been considered with the care which its character demands, and I
aim constrained to say that I can not concur in it. It appears that, ac-
cording to the view of Lord Rosebery, all matters relating: to the nature,
habits, and life-history of the fur-seals, and the modes by which they
are taken and killed, that is to say, substantially, all the matters upon
which questions of fact arise between the parties, are relevant only to
the question of concurrent regulations, and not to the claim of a prop-
erty interest asserted by the United States.

If this view be correct it follows that the treaty. makes no provision
by which the allegations and proofs of the one party upon controverted
questions of fact may be met, considered, and overcome by the other.
Lord Rosebery himself is able to point to no provision affording to the
parties an opportunity so essential to the preservation of their just
rights, except that contained in article vu, which declares that, in the
event that the arbitrators are called upon to consider the subject of
concurrent regulations, ‘the report of a joint commission to be ap-
pointed by the respective governments shall be laid before them, with
‘such other evidence as each government may submit.” If this clause
were to be interpreted as permitting the parties to lay before the arbi-
trators evidence pertinent to the subject of concurrent regulations after
the exchanges of the Cases and the Counter Cases (a view to which
the United States does not assent), it certainly makes no provision for
the furnishing of such evidence by the one party to the other, which the
United States insist upon as the essential condition for the establish-
ment of truth upon the disputed questions of fact.

When we observe the industrious care with which the Treaty pro-
vides for the furnishing of Cases and Counter Cases, the first designed
to contain the allegations and proofs by which the respective parties
may wish to support their contentions, and the last to enable them to
meet and overcome the proofs adduced by their adversaries, is it pos-
sible to doubt that this provision was intended to cover the case of
disputed matters of fact?

I will not repeat the argument urged in my note of September 27,
designed to show the unreasonableness of imputing to the framers of
the Treaty an intention so incompatible with the essential conditions of
a judicial proceeding as that which appears to be attributed to them

148 DIPLOMATIC CORRESPONDENCE.

by Lord Rosebery; but again calling the attention of Her Majesty’s
Government to the views expressed in that note, | venture to suggest
for the consideration of Lord Rosebery that when it appears by the
treaty that industrious care was taken to secure to each party to the
controversy a knowledge beforehand of the allegations and proofs of
the other, to the end that a contest might be the more intelligently
made and the real truth more fully and certainly established, it is not
a sound method of interpretation to nullify the effect of that intent by
attaching large importance to the mode in which particular clauses of
the document are expressed. It would seem to be more consonant with
reason and with the familiar principles of the interpretation of written
documents in such cases, to dispose of any ambiguous language in par-
ticular clauses by a reconciling construction which will permit the known
intentions of the framers of the document to have their effect.

Applying this rule of interpretation to the case in question, I am of
the opinion that the particular expressions upon which Lord Rosebery
relies have nothing in them inconsistent with the plain intention of the
framers of the Treaty, as manifested by the main provisions above re-
ferred to. So far as the particular language of Article VII is concerned
two observations are to be made:

First. Interpreting this language as it stands in the Treaty, and with-
out referring to any fact aliunde, it appears to be equally consistent with
either view. The point at which the Commissioners | Arbitrators] are to
consider the matter of concurrent regulations is fixed; but neither the
time nor the point at which the report or other evidence is to be laid be-
fore them is fixed. The intention may just as well have been that this
should be done in the Cases, and furnished by the parties to each other.
It is a frequent occurrence in judicial controversies that cases present
alternative aspects. Such instances do not call for separate hearing
and decision; but the evidence bearing upon each view is submitted
at the outset, although it is well understood that in certain contin-
gencies parts of the allegations and proofs will not be considered.

Second. As a matter of fact, what now stands as Article vil of the
Treaty was, in the same language, part of an agreement entered into by
the diplomatic representatives of the two nations before the treaty was
concluded, and before the provisions in relation to the exchange of
Cases were framed. It is easy, therefore, to see that all that was nec-
essary at the time the Article was first framed and agreed upon was to
provide for the laying before the Arbitrators of their report and other
evidence, leaving the details of when and how such evidence should be
seasonably furnished by the respective parties to each other to be there-
after settled in framing other provisions of the Treaty.

Touching the language of Article Ix, relating to a contingency in
which it is contemplated that the reports might not be laid before the
Arbitrators, and which contingency Lord Rosebery supposes to be that
of a determination by the Arbitrators upon the five special questions
submitted to them adverse to the United States, I beg to submit that
Lord Rosebery is clearly in error. The substance of Article Ix was
also embraced in the agreement above referred to, which preceded the
treaty and created the Joint Commission. Although at this time it
was contemplated that an arbitration should be provided for, it was yet
hoped by the negotiators on each side that a satisfactory scheme of
protection would be agreed to by the Joint Commission.

The contingency referred to was that of an inability of the members
of the Joint Commission to come to an agreement satisfactory to their
respective Governments, and not as Lord Rosebery supposes that of a

intensities ae
OO

RELATING TO INTERPRETATION OF TREATY. 149

determination upon the five special questions adverse to the contention
of the United States. A communication from Mr. Blaine, one of the
negotiators, is appended hereto showing the circumstances under which
the antecedent agreement was made. It is believed that Sir Julian
Pauneefote, the négotiator on the part of Her Majesty’s Government,

will not dissent from this statement.

_ For the above reasons I can not concur in the reasoning of Lord Rose-

bery based upon a special consideration of the language of particular
clauses of the Treaty. If his interpretation of the Treaty is correct, the
whole matter of the submission of evidence and of argument as to mat-
ters affecting the question of regulations is, as I have already sug-
gested, left without any prescription of methods or limitations as to
time. In view of the care taken in these particulars in the Treaty as to
the Case and Counter Case and argument, it is not to be supposed that
such an omission would have occurred. The provisions made were
plainly intended to cover all matters submitted. Iam clearly of the
opinion that the clauses cited by Lord Rosebery, when properly ex-
amined in connection with the circumstances under which they were
framed, contain nothing inconsistent with the plain general intention of
the Treaty to secure to each party an opportunity to meet and overcome
the allegations and proofs of his adversary upon disputed questions of
fact; and evenif these clauses should seem to contain matter furnishing
some support to the views expressed by Lord Rosebery, a familiar rule
of law would require us to subordinate the inference they may suggest
to the main purpose of the parties.

It is a matter of frequent occurrence where agreements come before
judicial tribunals for interpretation that incongruities are found between
those parts of a writing which express the main purpose of its framers
and those which relate to subordinate details. Such incongruities are
always disposed of by a reconciling construction which secures the
main object which the parties had in view.

I entirely agree to the observation of Lord Rosebery to the effect
that the right of property in fur-seals depends upon questions of law;
but I conceive that the precise questions of iaw can not be known, and
can not therefore be determined, until the facts out of which they arise
are known; and I can not concur with Lord Rosebery in the view
which appears to be entertained by him that the facts concerning the
nature and habits of fur-seals and the modes by which their increase
may be made subservient to the uses of man without endangering the
existence of the stock, are not pertinent to the claim of the United
States to a property interest. On the contrary I regard these facts as
in the highest degree important..

Having thus expressed the views entertained by the Government of
the United States upon the argument of Lord Rosebery in support of
his interpretation of the Treaty, it remains for me to add that I am in-
structed by the President to say that he appreciates the spirit of equity
and liberality in which Lord Rosebery, while insisting upon his own
interpretation, practically, to some extent at least, and I hope fully.
‘yields to the Government of the United States the benefit of its inter-
pretation, by furnishing to the latter the separate Report of Her
Majesty’s Commissioners, with the permission that the same be treated
as part of the original Case on the part of Great Britain. If, as I be-
lieve and assume, this Report coutains substantially all the matter
which Her Majesty’s Government will rely upon to support its conten-
tions in respect to the nature and habits of fur-seals and the modes of

150 ‘DIPLOMATIC CORRESPONDENCE.

capturing them, I entertain a confident hope that all farther difficulty
upon the questions discussed in this note may be avoided.

I deem it necessary, however, to say that the Government of the
United States will, should occasion arise, firmly insist upon its inter-
pretation of the treaty and that it reserves the right to protest against
and oppose the submission to, and reception by, the Arbitrators of any
matter which may be inserted in the British Counter Case, which may
not be justified as relevant by way of reply to the Case of the United
States,

The President is further gratified by the readiness manifested by
Lord Rosebery to coneur with the Government of the United States
in respect to such extension of time as may be needed in dealing with
the Report, of which he has furnished a copy. This friendly offer will
be communicated to the Counsel on behalf of the United States, and
their wishes will be made known to your Legation or the British
Agent.

I have the honor to be, with the highest consideration, sir, your
obedient servant,

JOHN W. FOSTER.

[Inclosure. ]
Mr. Blaine to Mr. Foster.

17 MADISON PLACE,
Washington, November 8, 1892.

Srr: After an arbitration had been resolved upon between the Am-
erican and British Governments, a special correspondence between the
Department of State and Lord Salisbury ensued, extending from early
in July to the middle of November, 1891. The various subjects which
were to be discussed and the points which were to be decided by the
Arbitrators in the affair of the Bering Sea were agreed upon in this
correspondence.

A month later Sir Julian Pauncefote, the British Minister, and my-
self arranged the correspondence and reduced the propositions and
counter-propositions to a memorandum which was signed by us on the
18th of December. Subsequently the questions which had arisen be-
tween the two Governments concerning the jurisdictional right of the
United States in the waters of the Behring Sea were expressed in the form
of a treaty concluded at Washington on the 29th February, 1892. This
treaty was advised by the Senate on March 29, 1892, ratified by the
President on April 22, ratifications exchanged on May 7, and proclaimed
on May 9, 1892.

In all these steps, including the correspondence with Lord Salisbury,
the memorandum concluded between Sir Julian and myself, and the
treaty that was ultimately proclaimed on the 9th May, 1892, and which
was negotiated by Sir Julian and myself, not one word was said or inti-
mated respecting the question now raised by the British Government
as to a secondary submission of evidence after the first five points set
forth in Article v1 had been decided by the Arbitrators. It was never
intimated that any other mode of proceeding should be had than that
which is expressed in Articles 111, Iv, and V of the treaty.

I shall be surprised if Sir Julian Pauncefote shall differ in the slight-
est degree from this recital of facts.

I have the honor to be, sir, your obedient servant,

JAMES G. BLAINE,

COMMUNICATIONS FROM THE AGENT OF THE UNITED STATES
TO THE AGENT OF GREAT BRITAIN,

IN RELATION TO ERRONEOUS TRANSLATIONS OF CERTAIN
RUSSIAN DOCUMENTS REFERRED TO IN THE CASE OF
THE UNITED STATES.

Mr. Foster to Mr. Tupper.

WASHINGTON, November 2, 1892.

Str: I deem it my duty to bring to your attention, without delay,
the fact that it has been discovered by me that a number of the docu-
ments belonging to the archives of the Territory of Alaska, now in the
possession of the Department of State, and referred to in the Case of
the United States before the Tribunal of Arbitration delivered to you
on September 1 last, were incorrectly translated from the Russian
language in which the originals appear. Lithographic reproductions
of the original documents are to be found in Volume I of the Appendix
to the Case of the United States, following page 591, and English
translations of the same are given in Volume I, pages 49 to 90. It has
within the last few days been ascertained that some of these transla-
tions are incorrect, but to what extent I have not yet been able accu-
rately to determine. A thorough examination is now being made, and
at the earliest practicable date I shall furnish you with revised and
corrected translations and indicate the pages in the Printed Case of
the United States where the erroneous translations have been quoted
or referred to. I have, however, not been content to await the result
of that examination, and I hasten to inform you of the above fact, and
to assure you that this announcement shall be followed by a more de-
tailed statement with as little delay as possible.

The nature of the errors referred to seem to make it certain that the
Government of the United States has been grossly imposed upon by a
person employed on the work of translation. What the motive for such
imposition may have been I have no knowledge, and I forbear from
any mention of my suspicions.

I have the honor to be, with the highest respect, your obedient
servant,
JOHN W. FOSTER,
Agent of the United States.
151

152 DIPLOMATIC CORRESPONDENCE
Mr. Foster to Mr. Tupper.

WASHINGTON, November 19, 1892.

Str: Under date of the 2d instant I advised you that I had discov-
ered that a number of documents belonging to the archives of Alaska
and referred to in the Case of the United States before the Tribunal ot
Arbitration were incorrectly translated from the Russian language;
and I promised to give you at the earliest practicable date a detailed
statement of the erroneous translations and to indicate the pages in the
Case of the United States where they are quoted or referred to.

Before complying with that promise I deem it due to my Govern-
ment and to myself to state the circumstances under which these
translations were introduced into the Case of the United States. When
I entered upon the work of preparing the same I learned that there
existed in the archives of the State Department a large collection of
documents entirely in the Russian language, which had been turned
over by the Russian authorities in the Territory of Alaska at the time
of the transfer of that Territory to the United States, in accordance
with the treaty of cession of 1867. These documents I found to be un-
classified and without indices. Desiring to ascertain whether they
contained any information relevant to the work I had in hand, I made
inquiry for a competent person to undertake the needed research.
After considerable investigation my choice fell upon Ivan Petroff. I
learned that hewas a native Russian, educated in St. Petersburg,
that he had several times visited Alaska as an agent of the United
States Government and had been in the employ of this Government for
several years in responsible positions. He was represented to me as
an accomplished linguist and the best-informed person obtainable in
the Russian language and history, and I was also told that he had per-
formed a large part of the labor in the compilation of H. H. Bancroft’s
History of Alaska. Having entire confidence in his capacity and in-
tegrity, I intrusted to him the examination of the Alaskan archives,
with the result shown in the use made of them in the Case of the United
States and Volume I of its Appendix.

Only a few weeks ago my suspicion was for the first time aroused as
to the correctness of some of the passages translated by Petroff, and a
careful examination has revealed an astounding series of false trans-
lations. As soon as I was prepared to do so, I brought Petroff into my
presence and confronted him with the proofs of his infidelity and false
translations. The evidence of his dishonest conduct being overpowering,
he acknowledged his guilt in the presence of witnesses and signed a
full confession, of which I inclose you herewith a copy certified to ‘by the
witnesses. The only motive which he has alleged for his conductis that
he supposed by making the false translations and interpolations he
would so ingratiate himself into favor and impress upon this Govern-
ment the importance and value of the Alaskan archives as to secure
his employment to classify, translate, and index that voluminous col-
lection of documents.

In making this explanation I desire again to direct attention to the
fact mentioned in my note of the 2d instant that photolithographiec
reproductions of all the original documents, of which translations were
cited or made use of, were introduced in Volume I of the Appendix to
the Case of the United States, following page 593, and that the British

Government and its representatives were thus furnished with the means

of testing the correctness of the translations.

RELATING TO ERRONEOUS TRANSLATIONS. 153

I now desire to give notice as agent of the United States that I do
hereby formally withdraw from the Case of the United States in their
entirety the original Russian documents hereinafter designated. These
documents are included in those referred to in the footnote to page 41
of the Case of the United States, of which translations are given in
Volume 1 of the Appendix to said Case, at pages 49 to 90, and facsimiles
in the same Volume following page 593.

Where cited in
Number of document withdrawn. case of the

United States.

Pages.
terete eters a encanta a Solem imei oiete Sislalaic a /soe Ba anise oes tooo ofa sofel Sista cielp alm sincimcle ccs ec alae wal 43, 44
D mnie kore BE a Btn cod BONE SSC SMES He SMR iy Ss SOE eh Tk, aN Hi i a dana ce ie a 45, 46, 47
ee tae eee ania itn 2 xc isteteta stats ae ie Scie iee ob lele cpew'slne Sainie [cies sisi aicis v/eisid srw narmince sie ele. 47, 48
eens SES OE ae ela EP hye SS fe a Re ea ee ea 48, 49

Pieter aetna ia hetaha Meters ere ela easter cist la erate a eiatee acie caret oh win wintsincimiclstae sie wisias Peet bis omieidarnaies Not cited.
CRP aes Ota ER pli En MSA cL aia Ube ha Lae ca elt 44, 45

eee ale a etete win eel as came aula = ahiacinie ciepisaes Gee = ae ans sc msiniawisis sie sic.cie ele eaigtate Not cited.
See ee ROIS, ne ism eee ier ind crate see aae oe chine Come ae vibe eiscioan cick a wuedisieeeacere 41
Oe ee eet ania et aa teta te ate ie iot a alain a Se aire aieiatdin Saraie emis eicinla aciwed werinca ld ccieetecae pis 42
LOVIN GLOSMT Oks = see cto Speen cimisiajas wie main, aapeensin ee os simya Sales mice Pees aime Se lcocinaiare’s Saweraee 53, 54, 60
eee eater ae aataie scree ae ate aie icicle mlaeicie exe diets staleiaje nists on aime Sms vialels Sujetie ovtel.cce eucaseact 60
Le ere teats eee Sitar eae ee clatteleicinate as isis oe oe twie inte teyntaerals civ etelw ie pin Sayers e mie Gee 6 62
NCLOSTITESGOEN Ost cO seme ce te see sat cice eainan saceiece amine neice ceicccucccnctisicsceeceaessc con's 103, 104

JT inclose herewith revised translations of those of the Russian docu-
ments hereinbefore referred to which are retained in the Case of the
United States, and beg to direct attention to the following pages of
this Case, on which there appear falsified translations of portions of
these documents:

On page 61, of document No. 14.

On pages 54, 55, of document No. 14, inclosure.

On pages 62, 66, of document No. 16.

On page 67, of document No. 17.

On page 67, of document No. 20.

I have to advise you that I will send without delay to each member
of the Tribunal of Arbitration duplicate copies of my note to you of
the 2d instant and of the present note, and further that a proper
correction of the errors inserted in the Case of the United States will
be made in the Counter Case and the correspondence relating thereto
included in its Appendix.

I have the honor, with this opportunity, to renew to you the assur-
ances of my highest consideration.

JOHN W. FOSTER,
Agent of the United States.

[Inclosure No. 1.]

WASHINGTON, November 11, 1892.
Hon. Joun W. FostEr,
Department of State:

Str: You employed me during the past summer to examine the
Alaskan records or archives on file in the State Department, with a
view to ascertaining whether they contained information which would
be of use in the Bering Sea Arbitration. Upon my recommendation
you ordered that certain of these records be translated. I hereby ac-

154 DIPLOMATIC CORRESPONDENCE,

knowledge that I misled you in important particulars as to their
contents, and that in making the translations I was guilty of gross
inaccuracies and interpolations, amounting to falsification.
IvAN PETROFF,
Translator.
Witnesses to signature:
W. WILLIAMS.
JOHN H. HASWELL.

We hereby certify that we are the witnesses above named and that
the foregoing is a full and true copy of the original document to which
we signed our names as witnesses.

WASHINGTON, D. C., November 11, 1892.

W. WILLIAMS.
Joun H. HASWELL.

{Inclosure No. 2.]

CORRESPONDENCE RELATING TO THE AFFAIRS OF
THE RUSSIAN AMERICAN COMPANY.

[AMENDED TRANSLATIONS. ]
No. 11.

Letter from the Minister of Finance (Department of Manufactures and In-
ternal Trade) to the board of administration of the Russian American
Company. Written from St. Petersburg April 2, 1824.

I have had a communication from the minister in charge of the Min-
istry of Foreign Affairs in regard to the representation made by the board
of administration, dated February 11, 1824, No. 73, concerning the per-
mission to foreign vessels to enter the harbor of New Archangel for the
purpose of trading with the chief manager of the Russian American
Company only, in order to procure articles which are absolutely nec-
essary.

Count Karl Vasilevitch has informed me that he has made a report
on this subject to His Majesty the Emperor, and “that His Majesty,
finding that the reasons which induced the board of administration of
the Russian American Company to desire the renewal of the trade
which formerly existed in our colonies with foreigners are deserving of
consideration, has been pleased to command that the carrying on of
trade with foreign vessels arriving there be permitted in accordance
with established regulations at one designated port.”

In notifying you of this permission of His Majesty the Emperor, I
suggest that the board of administration, on its part, make the neces-
sary arrangements to accomplish this object.

Lieut. Gen. KANKRIN,
Minister of Finance.
SERGEI UVAROF,
Director.

ae,

AMENDED TRANSLATIONS. 155
No. 13.

Letter from the Minister of Finance to the board of administration of the
Russian American Company. Written from St. Petersburg September
4, 1824,

The communication of June 12, 1824, presented to me by the direc-
tors of the company, containing their remarks on the consequences
which may result from the ratification of the convention concluded
April 5, 1824, between our Court and the North American Republic,
was communicated by me at that time in the original to the minister in
charge of the Ministry of Foreign Affairs. Having now received from
him the information that the recorded protocol of the proceedings of the
special committee which examined this subject by imperial order has
received the full and entire approval of His Imperial Majesty, I think
it necessary to communicate to the board of.administration of the Rus-
sian American Company, for their information, copies of the above-
mentioned communication of Count Nesselrode to me, and also the pro-
ceedings of the committee of July 21, 1824, inclosed in it, together with
a draft of a communication to me, prepared by His Excellency; which
was also read in the above-named committee and was left unsigned
after it had been given final consideration.

From these documents the board will see that, for the avoidance of
all misunderstandings in the execution of the above-mentioned conven-
tion, and in conformity with the desire of the company, the necessary
instructions have already been given to Baron Tuyll, our minister at
Washington, to the effect that the northwestern coast of America,
along the extent of which, by the provisions of the convention, free
trading and fishing are permitted subjects of the North American
States, extends from 54° 40’ northwards to Yakutat (Bering’s) Bay.

Lieut. Gen. KANKRIN,
Minister of Finance.
Y. DRUSHININ,
Director.

No. 14.

Abstract of communication From Count Nesselrode, Minister of Foreign
. Affairs, to the Minster of Finance. Written from St. Petersburg
- August 18, 1824,

I deem it my duty to inform your excellency that His Majesty the
Emperor has been graciously pleased to give his full and entire ap-
proval to the opinion of the majority of the members of the commit-
tee appointed by His Majesty to examine the observations presented
by the Russian American Company on the convention of April 5-17
of this year, in which opinion your excellency was also pleased to
concur.

Therefore, in inclosing with this a copy of the protocol of the deliber-
ations of the committee, I have the honor to inform your excellency
that instructions in entire conformity with the conclusions contained
in that protocol have been sent to our minister, Baron Tuyll.

Lalso inclose with this a draft of a communication to your excellency,
written by me by order of the Emperor, concerning the complaints of
the Russian American Company.

156 DIPLOMATIC CORRESPONDENCE.

I cherish the hope that this document will enable your excellency,
in communicating to the company the resolution of His Imperial Ma-
jesty, to prove to it that the Government has never lost sight of its
interests.

[Inclosure in No. 14.]

Proceedings of the conference held July 21, 1824.

Count Nesselrode opened the conference with a statement as to the
present condition of the matter intrusted by His Majesty the Emperor
to the investigation of the assembled committee.

He called attention to the articles of the treaty concluded with the
minister of the United States concerning the northwest coast of Amer-
ica and to the remonstrances which had been made against that act by
the Russian American Company in two letters communicated by the
Minister of Finance to the Minister of Foreign Affairs. Finally, he pre-
sented a draft of a communication which he intended to forward to
Lieut. Gen. Kankrin, in which were inclosed the replies of the minister
of foreign affairs to the above-mentioned remonstrances. This draft,
having been laid before His Majesty the Emperor, has received the
imperial approval; but His Imperial Majesty imposes upon the mem-
bers of the committee the duty of again examining it.

After the reading of this document (which is annexed to the pres-
ent protocol, together with the two letters from the Russian American
Company) the deliberations were opened. The members turned their
chief attention to the causes of the fears expressed by the company,
as well as to the reasons which spoke in favor of the convention con-
cluded with the plenipotentiary of the Washington Cabinet; and also
to the means which the imperial ministry thinks best calculated to pre-
vent all injurious and unjust interpretations. The members of the
committee agreed by a majority of votes to the following resolutions:

1. That the treaty of April 5-17 confirms to Russia rights which
have hitherto been called in question; that by virtue of that treaty
those rights are acknowledged by the Government which could dis-
pute them with great advantage and violate them with great ease;
that by it the undisputed possessions of Russia are henceforward ex-
tended even beyond those boundaries within which the Russian A mer-
ican Company was required under its original charter to carry on the
trading privileges granted to it.

2. That since by this treaty the strict proliibition of the sale of arms,
munitions of war, and spirituous liquors to the natives of the north-
west coast is put into effect, the American Company acquires by it the
protection which it has always valued so highly, but which it has
hitherto never been able to obtain.

3. That this last provision is the more important, because such a pro-
hibition, if promulgated on the part of Russia alone, would either draw
upon her disagreeable consequences and the most unpleasant embar-
rassments, or would not accomplish its object, in consequence of the
lack of means necessary for the prevention of its violation and for the
repression of prohibited traffic.

4, That the treaty of April 5-17 contains another not less important
guaranty, namely, that the Americans will not establish settlements
on the northwest coast above 54° 40’. By this provision all the settle-
ments hitherto founded by the Russian American Company above 57°
are placed on a firm basis, and it is permitted to continue to found new
ones under parallels farther to the south.

s

AMENDED TRANSLATIONS. 157

5. That it is not less advantageous to Russia to be assured by a
mutual and amicable convention that after the expiration of ten years
the subjects of the United States of America will abstain entirely from
visiting the waters of the North American coast beyond 54° 40/ and
from fishing and from trading there with the native inhabitants; for, on
the one hand, it would be impossible to suppose that the States would
voluntarily consent to such a concession without any compensation
whatever, and, on the other hand, all the wishes expressed to the im-
perial ministry are thereby fulfilled after the expiration of a certain
period.

6. That as regards the influence, however, which the treaty concluded
April 5 might exert on the trade of Russia with China, it must be re-
marked that in this trade on both sides a capital of 50,000,000 roubles
is invested, and that the Russian American Company participates in
it only to the extent of 800,000 roubles, or thereabouts; that even if it
brought to Kiachta a larger quantity of furs, otter skins, and sealskins,
it would not be able to dispose of them, or would cause material injury
to other exported goods by glutting with its merchandise a market
which is already very limited, owing to the nature of its trade, and
that consequently the treaty of April 5-17 can in no respect injure the
trade of Russia with China.

7. That as the sovereignty of Russia over the coasts of Siberia and
the Aleutian Islands has long been admitted by all the powers, it follows
that the said coasts and islands can not be alluded to in the articles of
the said treaty, which refers only to the disputed territoryon the north-
west coast of America and to the adjacent islands; that, even sup-
posing the contrary, Russia has established permanent settlements, not
only on the coast of Siberia, but also on the Aleutian group of islands;
hence American subjects could not, by virtue of the second article of
the treaty of April 5-17, land at the maritime places there nor carry
on sealing and fishing without the permission of our commandants or
governors. Moreover, the coasts of Siberia and the Aleutian Islands
are not washed by the Southern Sea, of which alone mention is made
in the first article of the treaty, but by the Northern Ocean and the
seas of Kamchatka and Okotsk, which form no part .of the Southern
Sea on any known map or in any geography.

8. Lastly, we must not lose sight of the fact that by the treaty of
April 5-17 all the disputes to which the regulations of September 4-16,
1821, gave rise are terminated, which regulations were issued at the
formal and reiterated request of the Russian American Company; that
those disputes had already assumed important proportions and would
certainly be renewed if Russia did not ratify the treaty, in which case
it would be impossible to foresee the end of them or their consequences.
These weighty reasons impel the majority of the members of the com-
nnittee to state as their opinion—

That the treaty of April 5-17 must be ratified, and that for the pre-
vention of any incorrect interpretation of that act, Gen. Baron Tuyll
may be instructed at the proper time to make the declaration men-
tioned in the draft of the communication read by Count Nesselrode.
The Minister of Finance and Acting State Councilor Drushinin, while
admitting the necessity of ratifying the treaty of April 5-17, express
and place on record the special opinion hereto annexed in the protocol,
to the effect that Baron Tuyll should be instructed at the exchange of
the ratifications of that treaty to stipulate that the right of free hunt-
ing and fishing granted by the twelfth article of the said treaty shall
exteud only from 54° 40/ to the latitude of Cross Sound.

158 DIPLOMATIC CORRESPONDENCE.

The majority of the members of the committee could not but observe,
on the one hand, that, as the Russian American Company has founded
many settlements in the said latitude, Article 2 of the treaty of April
5-17 gives it the desired security on this subject; that even if it had
simply organized hunting and fishing in those regions it is extremely
doubtful whether American subjects would undertake the expense
necessary for voyages to those northern latitudes, in which they can
enjoy their privileges for only ten years, and whether in that case they
would expose themselves to dangerous competition and would visit
those waters for hunting and fishing, where they had long been antici-
pated by the company, as there would be little hope for them of indem-
nifying themselves for their expenses and losses.

But seeing, on the other hand, that the restrictions stated in the
the opinion of the Minister of Finance and of State Councilor Drushinin
put an end to all the complaints of the American Company, the ma-
jority of the members of the committee have found it necessary to in-
vestigate the nature of those restrictions, in order to ascertain how
far it is possible to insist upon them without prejudice to the rights
and advantages accruing from the treaty of April 5-17.

As the proposed restrictions refer to two chief points lying under
different parallels of latitude, namely:

First. To Yakutat (Bering’s) Bay, under parallel 59° 30’,

Second. To Cross Bay or Sound (Cross Sound) under parallel 57°—
the American Company desires that subjects of the United States may
not be permitted to hunt or fish in those bays; therefore, the majority
of the members of the committee resolve:

That, as regards the first of these points (Bering’s Bay), it lies in a
latitude where the rights of Russia have never formed a subject of
dispute, and that this important circumstance permits us to include. it
in the general declaration concerning the Aleutian Islands and the
other northern places.

That, as regards the second (Cross Sound), however, as it lies under
the fifty-seventh degree of north latitude, and consequently within the
limits of those islands and regions to which Russia’s right of sover-
eignty has been disputed, it is impracticable to apply the same rule or
to base the claim, of which it must be the subject, on any other satis-
factory proof.

That apart from this, in order to exhaust all the measures showing
the care of the Government of His Imperial Majesty for the interests
of the Russian American Company, it is still possible to instruct Gen.
Tuyll to use every effort to persuade the Washington Cabinet that, by
accepting this restriction relating to Cross Sound, it will prevent all
unpleasant collisions between the subjects of the two powers. That
Gen, Tuyll must not, however, make this last proposition until he is
convinced that it will be accepted, and that it will not deter the Goy-
ernment of the United States from ratifying the treaty of April 5-17.

This resolution was unanimously adopted by all the members of the
committee.

St. Petersburg, July 21, 1824,

NESSELRODE.
G. L. KANKRIN.
SPERANSKY.
DRUSHININ.
POLETICA.

AMENDED TRANSLATIONS. 159

No. 16.

Letter from the board of administration of the Russian American Com-
pany to Captain of the Imperial Navy of the Second Rank Alexander
LIlitch Rudakof, acting chief manager. Written from St. Petersburg
March 20, 1853.

From the dispatches of the board of administration, dated April 12
and November 16, 1851, Nos. 525 and 1478, and those of April 2, May
13, and September 25, 1852, Nos. 447, 682, and 1219, your excellency
will see that it has been one of the chief aims of the board of adminis-
tration to make the best possible arrangement of the voyages of the
vessels of the colonial fleet, since of late that arrangement has been
made without sufficient reference to the true interests of the company,
and hence some vessels have frequently been kept lying idle in port,
and others have received such confused instructions that they would
often be unable to execute them all, or would return to New Archangel
at the very latest and most dangerous time of the year.

Bearing in mind the fact that the approaching voyages of the colo-
nial fleet are well arranged, and that they are repeated every year
with only slight variations, the board of administration has found it
possible and expedient to establish a regular schedule for the voyages
of the colonial fleet, for the navigation of both the summer and winter
months, and to transmit it to the colonial government for its guidance
and execution, leaving it, however, to the discretion of the chief man-
ager of the colonies to deviate from this schedule on those occasions
when, owing to local and unforeseen circumstances, it appears to the
interest of the company to do so.

In the performance of the voyages of 1853 in the colonies there will
be employed eight sailing vessels, of which the following are of the
first class: The Cesarevitch, the Nicholas I, the Kadiak, and the Shele-
koff ; and the following of the second class: The Menshikoff, the Con-
. stantine, the Okotsk, and the Tungus; and, as in exchange for the ship
Cesarevitech, which has to be sent back from the colonies in 1853, the
ship Sitka, of 700tons, which isnow being built, will enter into the com-
position of the colonial fleet of 1854 and will be sent to New Archangel
in 1853. In the establishment of constant communications around the
world the number of the company’s vessels in the colonies will always
remain the same, that is to say, in the summer months, from April to
October, there will be eight, and from October to April seven vessels,
without counting the whaling vessels, the number of which, by rough
estimate, will be increased to four.

Hence the movements of the colonial fleet during the summer navi-
gation, beginning in 1854, may be arranged in the following manner:

I, One vessel of the second class—for instance, the brig Constantine—
must be dispatched from Sitka about the middle of April with supplies
for the island of Atka, or Atta, and for the Kurile district, to bring
goods from those islands to Ayan, where the vessel must arrive not
later than the middle of July. By this same vessel there may be dis-
patched and landed the company’s agents sent for inspection to Kam-
chatka, where the vessel can stop on its passage from the Atka dis-
trict to the Kurile district, without losing much time, at the most im-
portant period for the Kamchatka trade, the middle of May; that is to
say, by the time of the arrival there of the vessel coming around the
world.

On arriving at Ayan this vessel will be placed at the disposal of the
governor of the port of Ayan to maintain communication with Petrov-
sky, and in future, until a vessel has been built specially for that port,

160 DIPLOMATIC CORRESPONDENCE.

for voyages with merchandise and for trade with Gishig and the other
ports of the Sea of Okotsk.. At the end of August, or early in Septem-
ber, this vessel will be sent back with the dispatches last received and
with goods for the Kamchatka trade, and will return to New Arch-
angel, stopping on its way only in the Kurile district, if it has landed
an inspector there, and at the port of Petropaulovsky,

IL. One vessel of the first class, preferably the one which will come
around the world from Europe that year, will be sent with the annual
cargo of goods and with the spring mail direct to Ayan. This vessel
must be sent early in May, and in no event later than May 15, in order
that it may arrive at Ayan by the time of the opening of the harbor at
the end of June. On this vessel there must be sent to the port of Ayan
passengers, if there are any, salt, flour, and other cargo, specially for
that port and for the places dependent upon it. This vessel will re-
main at Ayan until the end of July or the early part of August and
will return direct to New Archangel with the Siberian cargo, the prin-
cipal mail, and with passengers, if there should be any. During the
stay of this vessel at the port of Ayan the governor of that port must
be allowed, on extraordinary occasions, to employ it for the transpor-
tation of men and goods to Petrovsky, and therefore instructions in
conformity with this must be given to the captain of this vessel.

Ill. A second-class vessel, a fast sailer—for instance, the ship
Menshikoff—with a naval crew and under the command of a naval offi-
cer, will be sent at the end of April to cruise and to keep a watch over
the foreign whaling vessels in the southern part of Bering Sea and
along the Aleutian group. On this vessel will be sent supplies for
Copper and Bering islands, and also for Atta, or Atka, if it is found
necessary and does not interfere with the movements of the first small
vessel (section 1 of this dispatch). On this vessel, also, in case of
necessity, there will be sent inspectors to the above-mentioned islands,
and goods will be taken on it from there to New Archangel. This ves-
sel must be kept continually cruising throughout the district assigned
to it, and may go into port, for a very short time only, for supplies of
wood and water. This cruiser must visit the above-mentioned islands
not less than twice every year; the first time for the delivery of sup-
plies, mails, and inspectors, and the second time to take on board
goods, reports, and inspectors. This cruiser must be strictly forbidden
to await the termination of the inspection in port, as has formerly been
done, and if one and the same person is instructed to inspect two
islands, it will be better to order the cruiser to visit those islands once
more rather than lie idle in port. The time fixed for the termination
of the company’s cruising is that at which the foreign whalers leave
Bering Sea, viz, the last part of August or the beginning of Septem-
ber.

IV. The third and fourth vessels of the second class, namely, the
Okotsk and the Tungus, will be designated to carry supplies to the forts
and islands of the Kadiak district and to the island of Inga, and to
bring goods from them. For the better care of the Kadiak district a
part of the supplies may be sent there by one of the large or small ves-
sels early in the spring, in the month of March.

V. The second first-class vessel is intended to supply the islands of
the Unalaska district, the Pribilof Islands, and Fort Michael, and for
trading with the natives on the coasts of Bering Sea, as also on the

‘coasts of Asia and America. As vessels may be sent to that region
very late, this vessel, after taking in supplies for Fort Michael aud the
goods intended for trading with the Savages may be dispatched some-
what earlier, and may also carry lumber and wood for the Pribilof

AMENDED TRANSLATIONS. 161

{islands and the Unalaska district when it nay seem necessary. The
supplies and papers for the above-named places may be delivered on
the way there, and the furs and the replies may be received on the re-
turn voyage. As at the time of the voyage to the northern part of
Bering Sea this vessel will also do duty as a cruiser to keep watch over
the foreign whalers and the Englishmen, with regard to the trade car-
vied on by them with our savages, it must in no event waste any time,
and must be under the command of a naval officer, and, if possible, have
a naval crew.

Vi. The third first-class vessel will maintain communication with
California and the Sandwich Islands, carrying there lumber and salted
fish and bringing to the colonies salt and other merchandise if the pur-
chase of such appears necessary and to the advantage of the company.
‘This vessel must in no case waste any time in foreign ports, but must,
immediately after delivering the cargo furnished, if there is no return
cargo in readiness for it, return to New Archangel in ballast. But the
colonial government must make every exertion always to have a cargo
ready for immediate dispatch to California or the Sandwich Islands,
guiding itself by information received from the company’s agent at
San Francisco. Short reports (on the most important subjects) must
be sent by this vessel on every trip, to be forwarded to the board of
administration.

VII. The fourth first-class vessel will remain in reserve and can be
employed for carrying salt to Kamchatka in sufficient quantities to
last several years; for transporting cargoes of lumber to California;
for the inspection of the colonies by the chief manager, etc. In those
years when it becomes necessary to send to the islands of the Atka
district more lumber than can be carried by a small vessel, the voyage
ordered in section 3 of this dispatch may be assigned to the large ves-
sel, and the small vessel designated in that section may remain in re-
serve or receive special instructions.

* * * * * * *

In communicating to your excellency the above regular schedule of
the voyages of the colonial fleet, the board of administration respect-
fully requests you, if the interests of the company require any devia-
tion from this schedule, to take special care that the large vessels, so
far as possible, may never remain idle in port, but may be perpetually
engaged in voyages of advantage to the company; that the colonial
seas, so far aS possible, be visited in every part by the company’s
cruisers, for the purpose of keeping watch over the foreigners, and for
this purpose, in giving instructions to our cruisers, to conform yourself
to the intended movements of the company’s whaling vessels, which
can also do duty as cruisers if they are carrying on their fishery in
Bering Sea, and to provide that the company’s vessels designated for
visiting the many islands of the colonies be, so far as possible, under
the command of naval officers, in order that they may become acquainted.
with the condition of colonial affairs and may gradually fit themselves
for performing the most important duties in the administration of the
colonies.

V. POLITKOYVSKY,.

Presiding Officer.

V. KLUPFEL,

A. ETHOLIN,

N. KusorF,

Baron WRANGEL,
Members of the Board,

12364——-11

162 DIPLOMATIC CORRESPONDENCE.

NG: 25

Letter from Captain of the First Rank and Knight Ivan Vassilievitch
Furuhelm, chief manager of the Russian American colonies, to Master
Benzeman, of theimperial navy. Written from the colonies June 20, 1861.

To Master Benzeman, of the Imperial Navy, Commanding the Steamer
Alexander the Second: ’

As soon as the steamer is quite ready to sail, I request your excel-
lency to leave this port and to carry out the following instructions:

I. To proceed to the Kenai coal mines, and on your arrival there to
hand the inclosed package to the governor, Master of the Mines Furu-
helm, and to take on the steamer as much coal as the space occupied
by your cargo permits.

IL. From English Bay proceed to the island of St. Paul, whence, after
landing your passengers, delivering the annual supplies, and taking on
board the supplies for Fort Michael, you will proceed to that fort to
deliver the supplies sent and to take in there such cargo as will be in-
dicated to you by Governor Vachramesvoi.

Ill. Leaving Fort Michael, you will direct your course to the island
of St. Paul, where you must immediately take on board a whole cargo
of sealskins, supplies, oil, and seal meat, and, stopping on your way at
the island of St. George to take on board goods and supplies which may
be ready on the arrival of the steamer, you will proceed -to Unalaska,
and, after furnishing Governor Vlasoff, on his requisition, with sup-
plies, oil, and seal meat, which you will bring expressly for that purpose
from St. Paul, you will take in a cargo of such goods as may be ready
at Unalaska and then proceed to New Archangel.

IV. During the time of your said visits to those places you will listen
to all complaints which may be presented to you, and, without coming
to any decision about them, you will report them to me on your arrival
at New Archangel.

V. At Fort Michael two employés, Koshevnikoff and Makurin, will
be presented to you by Governor Vachramesvoi for punishment for
violation of Government regulations and for disobedience, and I there-
fore advise you to punish each of them with twenty-five lashes in the
presence of the whole command of the fort.

VI. The bishop of New Archangel, Peter, will go by the steamer to
inspect the missions in the north. I request you to show his reverence
all due attention and to comply with all his wishes.

VIL. During your stay at Fort Michael take on board the steamer as
much wood as you possibly can and carry it to the island of St. Paul.

VIII. If the governors of the island present to you employés who
have served their time for transportation from the colonies, you will
receive them on board the steamer. The carpenter, Parfentef, must go
from St. Paul to Sitka.

IX. It has come to my knowledge that two whaling vessels had been
sent this year from San Francisco to trade on the Pribilof Islands. I
therefore request your excellency, during the time appointed for your
voyage, to do duty as a cruiser on the exact basis of the instructions *
herewith inclosed, which have been approved by the Emperor.

I trust that you will execute the instructions given you to my satis-
faction and that you will return without much loss of time.

A list of the crew and passengers of the steamer is herewith inclosed.

The issue of rum to your command will be continued in accordance
with existing regulations.

*Tbey are not in the possession of the United States.

AMENDED TRANSLATIONS. 163

No. 18.

Letter from the Department of Commerce and Manufactures to the board
of administration of the Russian American Company. Written from
St. Petersburg June 19, 1865.

The Imperial Council, having considered the representation made by
me with regard to the revision of the charter of the Russian American
Company and the organization of the Russian American colonies, by
its resolution approved by the Emperor June 14 of this year, has recom-
mended—

That the following principal basis be adopted in the preparation of
the new charter of the Russian American Company and of the colonial
management.

I. The term of the privileges, rights, and obligations of the company
extends to January 1, 1882.
* * * * * * *

VILL. The importation of all kinds of articles of industry and com-
merce by Russian and foreign vessels is made free at the ports of New
Archangel, on the island of Sitka; at St. Paul, on the island of Kadiak ;
and hereafter at others where it will be found desirable (with the ex-
ception of spirituous liquors, powder, and arms).

IX. With regard to the importation of spirituous liquors and their
sale in the colonies, and also the supplying the colonies with arms and
powder, it is recommended that special regulations be adopted, which,
without oppressing the inhabitants, will prevent the abuse of them,
with all their injurious consequences.

* * * * * * *

XV. The prosecution of every kind of industry (except the fur in-
dustry) is permitted to all the inhabitants of the colonies and to all
Russian subjects, without distinction or restriction.

In relation, however, to the fur industry—

First. To secure to the Russian American Company until January
1, 1882, the exclusive right to carry on the fur industry and the fur
trade within the following limits only: On the peninsula of Aliaska,
reckoning as its northern limit a line drawn from Cape Douglass, in
Kenia Bay, to the head of Lake Iniamna; on all the islands lying along
the coast of that peninsula; on the Aleutian, Commander, and Kurile
islands aud those lying in Bering’s Sea, and also along the whole
western coast of Bering’s Sea; but to revoke in the district to the north-
east of the peninsula of Aliaska along the whole coast to the boundary
of the British possessions, also on the islands lying along this coast,
including in that number Sitka and the whole Koloshian Archipelago, -
aud also, on land, to the northern extremity of the American continent,
the privilege granted to the company of the exclusive prosecution of
the said industry and traffic.

Second. The colonial inhabitants and the settlers who are Russian
subjects residing permanently in the colonies, are permitted to carry
on the fur industry, in conformity with the special regulation which
must be adopted for that purpose, in those parts of the Russian pos-
sessions where the exclusive right to the said industry is not reserved
to the Russian American Company; all other Russian subjects are per-
mitted only to trade with the natives in fur goods, and are not admitved
to a share in the fur industry itself.

* * * * + ¥ =
A true copy:
A. TIMKOVSKT,
« Chief Clerk.

164 DIPLOMATIC CORRESPONDENCE.
No. 19.

Concerning the granting of a fourth charter to the Russian American
Company.

The Imperial Council in the Department of Imperial Economy and
in general assembly, having examined the communication of the Minis-
ter of finance on the subject of the revision of the charter of the Rus-
sian American Company and the organization of the Russian American
colonies, has adopted the following resolution in modification and ex-
planation of the principal bases of the new charter of the Russian
American Company and the organization of the colonies, recited in
the resolution of the Imperial Council, approved by the Emperor June 14,
1865:

1. (In clause 1.) That the period of twenty years for the duration of
the new privileges, rights, and obligations of the Russian American
Company be reckoned, not from January 1, 1862, but from the date of
the confirmation of those privileges.

2. (In clause 15.) That the exclusive right of carrying on the fur in-
dustry and the fur trade be secured to the company throughout the
extent of the colonial territory; at the same time, with regard to the
carrying on of the fur industry, fixed regulations must be adopted, by
agreement with the Minister of the Imperial Domain.

* * * * * » *

4. (Inclauses 8 and 9.) That, while including in the new charter of the
company the regulations concerning the opening of the ports of New
Archangel, on Sitka Island, and St. Paul, in Kadiak, for free trade,
those regarding the permission to carry on certain industries in the
colonies generally, and those on the subject of the importation and sale
of spirituous liquors in the colonies and the supplying them with arms
and powder, the recommendations now presented by the company on this
subject be adopted, without permitting, however, the commercial mo-
nopoly which the company has hitherto enjoyed to be continued in
force under any pretext whatsoever.

* * * * & * *
YERMAKOFF,
Vice-Director.
K. RADETSKI,
Chief of Division.
True copy.
A, TIMKOVSKY.

No. 20.
Proclamation.

Notice is hereby given to all to whom it may concern that if, after
reading this, they do not immediately leave Russian territory, and do
not desist from prohibited traffic, they will, on the arrival of a Russian
vessel, be seized and sent for trial to New Archangel, Sitka, and their
merchandise and ships, if such are found, will be confiscated.

Given at the port of New Archangel, on the northwest coast of Amer-
ica, this 8-20 September, 1864.

AMENDEL TRANSLATIONS. 165
Now2k

Letter from the board of administration of the Russian American Com-
pany to Alexander Andreievitch Baranof, chief manager of the Russian
American colonies. Written from St. Petersburg April 6, 1817.

In reply to your communication the board of administration incloses
herewith an extract from the report of the Kiackta factory concerning
the profitable trade in sealskins with the Chinese at Kiachta, and de-
sires that you will make special efforts to send to Okotsk, for Kiachta,
those kinds which are most acceptable to the Chinese. Do not send
any sea-lion skins.

[Inclosure in No. 21.]

Report of the Kiachta office to the board of administration of the Russian
American Company.

FEBRUARY 8, 1817.
This factory had the honor, on February 1, to receive the instruc-
tions of the board of administration of the company (No. 715, of De-
cember 14, 1816), in which the board was pleased to instruct us, in
disposing of the sealskins received by the ship Suvoroff, to notice what
kinds are prized more highly than others. In reply this factory has
the honor to report that the sealskins received by the ship Suvoroff
and by the Constantine were disposed of in a lot, but from the accept-
ance and demands of the Chinese it was observed that the 450 bache-
lors and young bulls brought by the Swvoroff, which were not even
called Californias, are valued by the Chinese at half as much again as
the grays. The bachelors brought by the Constantine were far better,
as they value them at twice the price of the grays; and the bulls and
young bulls received by the Constantine still higher than the bachelors,
although the hair on them is coarse and not fit for use. They are large
and on the flesh side are very good. They are of a yellowish-white color.
The Chinese pull out the hair and only leave the down, which they dye,
and they use them in that condition. The grays brought by the
Suvoroff are very clean on the flesh side, but the fur is not long.
They are thin and of less value than those received by the Con-
stantine, which, although they are not clean on the flesh side, and
although they have a paler color and reddish spots, are larger and
have longer and thicker fur. Our friends have very sharp eyes for
quality,and not less for size. They assort and measure them to an inch,
and hence they value those brought by the Constantine more highly
than those brought by the Suvoroff, both bachelors and grays. The
sea-lion skins received by this factory were shown them, but, while
they were very good on the flesh side, there was no down on them, and
the hair was coarse, so that our friends will not take them at any
price; and they only asked for two sea-lion skins, which they intend to
earry to Kalgan for the purpose of experimenting with them and seeing

whether they can not put them to some use.
DEMETRI KUZNETZOF,
Manager.
VASSILI JOUKOF,
Bookkeeper.

166 DIPLOMATIC CORRESPONDENCE.
No. 22.

Letter from the board of administration of the Russian American Com-
pany to Captain of the First Rank and Knight Adolf Carloviteh Etho-
lin, chief manager of the Russian American colonies. Written from
St. Petersburg March 8, 1843.

The board of administration fully approves the arrangements for kill-
ing seals described by you in dispatch No. 287, of May 9, 1842, and per-
mits you to institute on the Commander Islands and St. George the
close season which you propose. In general, for the greatest possible
preservation of this precious animal, the board of administration re-
quests you to adopt as an invariable rule the following: To prosecute
the annual killing of the seals in such manner that they may not only
not be exterminated on the rookeries, but, on the contrary, may con-
tinually increase in numbers, that is to say, that the amount of the an- ~
nual increase may be always greater than the number of animals killed.

At the present time the shipment of 10,000 sealskins to Russia every
year will be sufficient to prevent a fall in prices.

WRANGEL,

A. SEVERIN,

N. PROKOFYEF,

N. Kusor,
Directors.

No. 23.

Letter from the board of administration of the Russian American Com-
pany to Captain of the Imperial Navy of the Second Rank Alexander
Llitch Rudakof. Written from St. Petersburg April 22, 1853.

Seeing, from dispatches received from your excellency’s predeces-
sors that the seals in the colonies are rapidly increasing in numbers,
and foreseeing a regular demand for them, the board of administration
instructs you to make corresponding arrangements, in order that here-
after until further instructions the killing of seals may be prosecuted
on all the islands which they frequent to such an extent as may seem
possible without impoverishing the rookeries. The rules for the pro-
tection of the cows, etc., must be observed as heretofore.

Of the seals killed, 6,000 must be sent every year by way of Ayan to —
Kiachta, 10,000 to Shanghai, and all that remain to St. Petersburg by
the vessels going around the world.

At the same time the board of administration suggests that you
stop salting the sealskins, as has been done heretofore, since it has a
bad effect upon their sale.

V. POLITKOVSKY,
Presiding Officer.
V. KLUPFEL,
A. ETHOLIN,
N. Kusor,
LARON WRANGEL,
Members.

AMENDED TRANSLATIONS. 167
No. 24.

Letter from the toard of administration of the Russian American Com-
pany to Captain of the First Rank and Knight Stepan Vassilievitch
Voyevodsky, chief manager of the Russian American colonies. Writ-
ten from St. Petersburg April 24, 1854.

Captain of the Second Class Rudakoff, in his dispatch 318, of May
30, 1853, reporting to the board of administration the increase of seals
on the island of St. Paul and the arrangements made by him, in con-
sequence, with regard to killing them, inquires of the board of admin-
istration what number of them must be killed in future and what kinds
are preferred.

In reply the board of administration respectfully requests your ex-
cellency to order that bachelors be killed in preference, the older the
better, as the purchasers prefer large skins. Hence small seals must
be killed only in such numbers as are necessary for obtaining oil to
supply the demand; and, as at the present time the demand for seal-
skins has considerably decreased, they must be killed, as a rule, only
in such numbers as will not affect their increase until a greater demand
sets in, for which the board of administration is making constant ex-
ertions.

V. KLUPFEL,
Presiding officer.
A. ETHOLIN,
N. Kusor,
BARON WRANGEL,
Members.

No. 25.

Letter from the board of administration of the Russian American Company
to Captain of the Second Rank Prince Maksutof, chief manager of the
[vussian American colonies. Written from St. Petersburg November
8, 1854.

At present the sale of sealskins has risen to 43,000, namely, 20,000
to 21,000 at New York, 15,000 to 16,000 at St. Petersburg, and 5,000 to
6,000 at Irkutsk. They must be of the best quality; that is to say, large
and medium bulls, young bulls, and bachelors.

The whole quantity sent to New York may be salted, but the pur-
chasers request that in salting them the oil be removed from them as
carefully as possible, for the better preservation and for the further
dressing of the skins. They must be sent there by way of San Fran-
cisco, preferably, to complete the cargoes of vessels going to New York,
because by this arrangement the delivery of them will cost much less.

Only dried sealskins are in demand at St. Petersburg, and they must
be sent there by our own vessels going round the world, or, in the
absence of these, by way of San Francisco or Victoria; but preferably,
to complete cargo on vessels going to London, to Mr. Pelly, or to
Hamburg, to Mr. Sturm, for further dispatch to their destination, as at
San Francisco it is impossible to find a vessel with cargo going to St.
Petersburg or Kronstadt, and it would be very expensive to charter
one for that special purpose.

168 DIPLOMATIC CORRESPONDENCE.

Only dried sealskins are in demand at Irkutsk, and they must be
sent by way of Ayan.

The board of administration therefore requests you to make arrange-
ments so that in future, until there is a possibility of increasing the
demand for sealskins, about as many as 50,000 may be killed in the
colonies every year, of good quality as above directed, 43,000 of which
will be sent at the proper time to their destination and the remainder
kept in reserve at New Archangel for the contingency of a special
demand; and, in order that those stored may not be injured by lying ~
so long in the warehouses, you will make it a rule to ship them the fol-
lowing year to Russia in exchange for the skins of the new catch which
will remain in the warehouses. Furthermore, you will endeavor, so
far as possible, to kill none of the small kinds of seal; but if it is im-
possible to avoid this, you are permitted to use them for clothing in the
colonies, taking special care that they are not sold to foreign vessels
undressed. In the opinion of the board of administration there will be
no difficulty in dressing them in the colonies, as there are many people
there in need of work, especially in the districts, to whom this would
furnish the means of earning something.

At the same time, in order to find a market for small sealskins, the
board of administration requests you to endeavor to introduce the
use of them among the savages in the north, with whom they might
be exchanged for furs, the acquisition of which would be of great ad-
vantage to the company. In doing this we have chiefly in view the fact
that by this means the savages would accustom themselves to the use
of sealskins for their clothing, and thereby, so far as possible, the sale
of them to foreign vessels would be prevented.

V. KLUPFEL, *
Presiding Officer.
N. TEBENKOF,
V. ZAVOIKO,
Members.

No. 26.

Letter from the board of administration of the Russian American Com-
pany to Captain of the First Rank and Knight Stepan Vassilievitch
Voyevodsky, chief manager of the Russian American colonies. Writ-
ten from St. Petersbarg June 5, 1857.

In reply to your excellency’s dispatch No. 41, of March 9, with re-
gard to shipping furs to New York and Shanghai, the board of admin-
istration has the honor to inform you that the annual demand for seal-
skins in Russia has now risen to 15,000, 5,000 of which are to be shipped
to Kiachta. Only 2,000 river-beaver skins are required for Kiachta; the
remaining number of sealskins, say up to 12,000 and more, preferably
salted ones, which are valued more highly there, you are instructed to
send to New York to Messrs. Lobach & Shepler in the autumn, imme-
diately after the arrival of the vessels from the districts, without sub-
jecting them to any preparations at New Archangel, and leaving them
in the same condition and packed in the same way in which they are
received from the districts.

With regard to the river-beaver skins the board of administration,
although it has received information that the beaver skins have now

AMENDED TRANSLATIONS. 169

fallen in the market at New York to 2 r. 72 k. per skin, it still requests
you, as the prices are not high in other places, to ship the said beaver
skins (except 2,000, which are needed for Kiachta) to New York with-
out fail. The "board will communicate to you hereafter concerning
further arrangements with regard to the beaver skins.

Furthermore, the board of administration requests you to send no
other furs to New York, except, perhaps, white foxes, which have gone
down to almost nothing at Kiachta. You must send no furs to Shang-
hai without special instructions.

At the same time the board of administration also requests you to
give strict instructions to the canoemen (bidarkimen) to stop, as far as
possible, killing the small gray seals, and on no account to ship them
from the colonies, because they greatly interfere with the profitable
sale of sealskins in Russia and in the foreign market, as the large skins
alone are in special demand and can be sold at good prices.

V. POLITKOVSKY,
Presiding Officer.
V. KLUPFEL,
A. ETHOLIN,
M. TEBENKOF,
Members.

No. 27.

Letter from the chief manager of the Russian American colonies to the
board of administration of the Russian American Company. Written
Srom the colonies October 7, 1857.

CONCERNING FUR-SEALS AND BEAVERS.

In reply to the dispatches of the board of administration (Nos. 635
and 650, of June 5 and 10 of this year), received September 7, I have
the honor to report that in future the instructions with regard to seals
and river beavers given in those dispatches will be carried into due
execution. But of the sealskins now on hand 10,000 are packed up,
which will be sent by the ship Cesarevitch to Kronstadt, 5,000 will be
set apart for shipment to Kiachta by way of Ayan, and the remainder,
of which there will be about 9,000 (leaving out the small gray sealskins),
will be sent to New York, together with as many beaver skins as can be
collected after putting aside 2,000 of them for Kiachta.

The sealskins need no preparation at New Archangel, but it would
hardly be safe to ship them to New York in the same packing (as di-
rected in the dispatch of the board of administration) in which they
are received from the districts—that is to say, tied up only with straps
in bundles of several tens each—owing to the fact that they must bear
transportation twice across the tropics and the equator.

From information received by me from Messrs. Lobach & Shepler, of
New York, they are very well satisfied with the packing in which our
goods were shipped there, as they arrived in good condition; and it
would probably be better, in sending goods in the previous packing, to
send only one or two bundles as an experiment in the packing in which
they are received from the districts of the colonies.

Messrs. Lobach & Shepler advise me, in packing the skins taken, not

170 DIPLOMATIC CORRESPONDENCE.

to double them, because they break at the folds, by which advice I will
be guided in future in shipping goods around the world.

The salting of the sealskins, which was stopped by order of the board
of administration, will be recommenced next year; but as the instruc-
tions on this subject will reach the islands of St. Paul and St. George
only in the summer of next year, it is impossible to guarantee that we
shall be able to procure a sufficient quantity of salted sealskins next
year.

The experiment of salting the skins at New Archangel will also be
made.

With regard to the small gray sealskins, I have the honor to express
the opinion that only such a number of them have been killed hitherto
as was necessary to procure the oil, the demand for which, without
speaking of the unavoidable necessity of supplying the Aleuts on the
islands and of shipping a quantity to Fort Michael for exchange for furs
with the savages there, is increasing in New Archangel itself, owing to
the increased number of steamers and steam engines.

The oil purchased costs very dear; hence, having in view the great-
est possible economy in the expenditure of money, I made arrange-
ments on the islands of St. Paul and St. George to procure oil from
the seals, and about 250 buckets of it have been received. The pur-
chase of this quantity of oil at San Francisco would have cost about
8,000 paper roubles.

For the above-mentioned reasons, although I am making arrange-
ments for stopping the killing of small gray seals, so far as possible,
they being only fit to furnish oil and supplies of meat necessary for
the winter, still, I find it necessary to respectfully request the board
of administration to give me definite instructions with regard to en-
tirely stopping the killing of this kind of seal; but if the board of ad-
ministration should see fit, in consideration of the circumstances men-
tioned, to permit me to kill so many of the small gray seals as may be
necessary to procure oil and supplies of meat for the winter for the in-
habitants of the islands of St. Paul and St. George, in that case the
question would arise as to the disposition to be made of the skins of
these small animals.

At the present time there are about 5,000 of them in the warehouses,
and by taking 3,000 every year a considerable number may accumu-
late in a few years, requiring a corresponding space for storage.

I suggest that, if it is not yet expedient to send gray sealskins to
Russia and to foreign markets for sale, then we might try the experi-
ment of using them in the colonies for robes and overcoats, which,
after being well dressed, might take the place of the common sheep-
skin coats.

By way of experiment a few robes might be made of these skins,
which so far remain unused in the warehouses.

In conclusion, I have the honor to report to the board of administra-
tion that, from information which has now been received, the seal
rookeries everywhere, and especially on the island of St. Paul, have
increased to such an extent that all the places which they frequent are
entirely filled, and there is such a need of room for them that it is nec-
essary to increase considerably the number of seals killed; and this
shall be done next year.

AMENDED TRANSLATIONS. 171
No. 28.

Letter from the chief manager of the Russian American colonies to the
board of wdministration of the Russian American Company. Written
JSrom the colonies January 13, 1859.

CONCERNING FUR-SEALS.

In accordance with the instructions of the board of administration
given in dispatch No. 697, of June 5, 1858, received November 2, be-
sides the 10,000 sealskins ordered by previous instructions, 10,664 were
sent by the ship Kamchatka of those which had been prepared and
packed prior to the receipt of dispatch No. 697 for shipment to New
York, and there still remain 3,600 dried and 1,176 salted skins, which
will now be sent by the bark Kadiak to San Francisco, to be forwarded
to Messrs. Lobach & Shepler.

With regard to the question of the board of administration as to what
number of seals may be killed every year in the colonies without det-
riment to the preservation of the species and without impoverishing
the rookeries, I have the honor to report that, asis evident from the re-
ports of the governors of the Pribilof Islands, where the principal seal
rookeries are found, and even those of the Commander Islands, the seals
have increased in numbers on all the accessible places to such an ex-
tent that the areas occupied by them appear crowded, and it is evident
from these reports that it would be possible to kill in all these places,
including the small gray seals, as many as 70,000, and even more; but
for this it would be necessary to increase the number of hunters and to
furnish a sufficient supply of wood to the Pribilof Islands for drving
the skins.

It may be said with certainty that no impoverishment of the rook-
eries will appear for a long time from the killing of as many as 70,000
fur-seals.

No. 29.

Letter from Captain of the First Rank and Knight Ivan Vassilievitch Fur-
uhelm, chief manager of the Russian American colonies, to the board
of administration of the Russian American Company. Written from the

colonies May 13, 1860.

T have the honor to present herewith a table of the skins procured
‘Jast year from the districts of the colonies, from which the board of ad-
ininistration will see that 892 more sea otters were killed than in 1858.
There has not been such a rich catch since 1844, and this increase was
owing entirely to the number killed in the Kadiak district, at Unalaska,
and at. Urup.

As regards the otter catch, the Kadiak factory has reported to me
that the : Chugatches, living at Fort Constantine, were permitted with
the consent of my predecessor to carry on this hunting, apart from the
party sent out by the factory, in places known to them alone; after
their arrival at Kadiak, however, with a very large number of sea otters,
it appeared that in the summer of 1859 they had “hunted i in places where
there was a close time, and where it will be necessary to send a party
from Kadiak this year. After such an occurrence, unfortunately, I do
not hope to haveas successful results from the hunting as Rear-Admiral
Voyevodsky in the last year of his administration of the colonies.

172 DIPLOMATIC CORRESPONDENCE.

Seven hundred and sixty more river beavers were killed than in 1858,
The yearly variation in the figures of this industry depends entirely on
local climatic causes, which favor the northern savages more or less in
their hunting. This increase, as compared with the number taken last
year, was gained at Forts Michael and Kolmakovsky.

Four hundred and seventy more pairs of castoreums were taken than
in 1858. Eleven thousand one hundred and sixty fewer fur seals were
killed than in 1858. The governor of the island of St. Paul assigns as
the cause of their decrease the lateness of the spring, owing to which
the cows, in forcing their way to the rookeries over the ice, lost their
young.

I have sent Lieut. Verman to the island of St. Paul to attend to
various commissions and to put an end to some disturbances there
arising from relaxation of discipline.

POEs MC LediInvEXCess. Of M806 h.- cers ememie'c soi) nie wie einie nioeiastoe ate Siete ete eee 1, 148
White: doxesim excess!Of 1858). 220-.- sot ee eee wee sete San ee eae a cee eee 1,174
iayixes; fewer than in 856- 2522225 et Be) ee ee SR Se oe ee eee 178
Sablds in iexcess Of 1Sb8io.bsen 226 Hvis te Se es cee ee eee 219

On Copper Island, according to the governor’s report, the sea otters
are increasing in numbers, and very strict orders are now given not to
disturb them until the decrease of that animal in the government ot
the island of Atka renders a close time necessary there.

Only 1 pood of walrus tusks was received. The governor of the
island of Unga has reported to me that on the northern side of the
peninsula of Aliaska, in Mollerovsky Bay, tusks to the amount of 500
poods were taken in the course of 1856~57, and were stored there. On
my arrival at Mollerovsky Bay, in 1858, the tusks which had been col-
lected were missing, the walrus rookeries had been ruined, and every-
thing had been burned. It is not known who stole the tusks, but there
were found white biscuits, provisions, a whaleboat oar, and the prints
of boots, which proved that it was the whalers.

I have the honor to report this to the board of administration

No. 30.

Letter from Captain of the First Class and Knight Ivan Vassilievitch
Furuhelnm, chief manager of the Russian American colonies, to the board
of administration of the Russian American Company. Written from
the colonies July 16, 18638.

Noting, for immediate execution, the contents of dispatch No. 111,
of January 31, 1863, from the board of administration, I have the honor
to submit, for the board’s consideration, the following estimates as to
the cost of preparing the dried and salted sealskins:

REQUIRED FOR THE DRYING OF SEALSKINS.
Roubles.
Wood for each 1,000 skins, 24 fathoms, making the cost of each skin....-.-.---- 2.85
For tying the bundle of 100 skins, 12 arshin sea-lion hide straps (a medium-
sized skin, worth 40 kopecks, yields 16 arshin straps), making for one skin.. .10

Rob algedt Meet sec Dos oe sivas eo SEE eee Sale oa seca eed b= See ease se meee eee 2. 95
Dae die wiee eat cee chien orcas uae ee teeta = Sane He cee ee ae ne tetae tetris . 03
To this we must add the pay of the Aleuts for each bachelor sealskin.......... 15

AMENDED TRANSLATIONS. Vi

The frames are always prepared in Sitka, and are sent to the islands.
Their cost is not calculated, on account of its insignificance.

REQUIRED FOR THE SALTING OF SEALSKINS.

: Roubles.

The casks contain an average of 73 skins and cost 5 roubles; the iron hoops
and fastenings weigh 17 pounds, costing 6.80 roubles, a total of 11.80
eR eH UMM LOT ORT oes yao 4 Sate eyo Sn atew wie bmobene'« Coehicentieuns 0.16

For the preliminary salting on the islands, 3} pounds of salt are used for
each skin; during the final salting at New Archangel, 8 poods of salt are
added to each cask of 73 skins, making 4.4 pounds for each skin, a total of

a OUBUSIOT SAb os. fo Minl.'= va. oasevaaisiee ad tage «2 de da Pees =) od Gddeasbedsa oD
For tying each skin, 1} zol. twine ............-... See Sa ee ee Sere pie . 024
For the wear and tear of cooper’s tools and material, approximately, for each

SEM Ieenc as eee eMreanoe senha ote Se Neg). AN Aes US See ie O01

Eo erictic Hyd GEOOODG OE GHEE OSE SE, CSS OEE CE Alms tee pa tea aE - 98h
To this must be added the pay of the Aleuts for each bachelor sealskin....... .75
Ob ts rete nsec teks e- 5L soc ees 32 fe Us tae ig SRR Sek Se ve oe LATS 1.73}

Concerning the processes employed in the preparation of the skins, ac-
cording to both methods, I have the honor to report to the board of
administration :

The dried sealskins are prepared as follows: After separating the
skin from the meat and carefully removing the blubber, the skin is
stretched upon a frame, remaining thus uutil it is finally dried. After
removing the skin from the frame it is folded twice lengthwise and
packed in bales containing from 50 to 100 skins, according to size, and
finally the bales are bound with sea-lion straps.

‘the salted sealskins, in accordance with Mollison’s process, inclosed
in the dispatch of the board of administration (No. 81, of January 25,
1860), are prepared in the following way:

After the skins are removed and stripped of meat, they are strewn
with salt and stacked in kenches with the others; later, when the
laborers have more time, the skins are taken from the kenches and the
inner side of each skin is covered with a thick layer of salt. Another
skin is laid on top of this with its inner side down. The edges of the
skins are turned up on the outer side, so as not to let the salt fall out;
they are rolled up into round bundles with the fur side out, and are
strongly tied with seine twine. Afterwards these bundles are tied
together in packages of from five to ten bundles each.

Though the labor of carrying the skins on the shoulders of men and
women, the carrying of salt from the beach to the salt houses, and
later the carrying of the heavy salted skins from the warehouse to the
beach, to be loaded into baidaras for transmisson to the ship, is very
. great, still the process of drying presents still greater difficulties on
account of the constant fog and rain prevailing on the Pribilof Islands.
It may be positively stated that of the 25,000 dried skins prepared an-
nually on these islands, only one-fifth can be dried in the openair. The
remainder are dried in sod houses, by means of fires, or in the huts of
the Aleuts, which are already cramped and suffocating. For this réa-
son, and also on account of the difficulty of obtaining wood in quantities
sufficient for the drying of sealskins, the salting by the Mollison method
offers the greater advantage,

174 DIPLOMATIC CORRESPONDENCE.

No. 31.

Letter from the chief manager of the Russian American colonies to the
manager of the island of St. Paul. Written from Sitka May 1, 1864.

Your reports, forwarded last year by the steamship Constantine and
the bark Prince Menshikof, have been received, and in reply I give you
the following instructions:

As to No. 29.—Last year you were instructed to fill requisitions of the
mnanager of Unalaska Island in a certain contingency, and instructions
have now been given to the manager of the island of St. George here-
after to furnish Unalaska with necessary supplies, and your duties in-
clude, as heretofore, the furnishing Sitka and Fort Michael with supplies.

As to Nos. 30, 31.—For want of space on the brig Shelikof 1 was
unable to grant permission to Iraida Herman to visit the island of St.
Paul this year, and for the same reason I could not send you a cow and
a bull.

As to No. 32.—In my instructions No. 249 of last year I determined
the number of fur-seal skins to be taken by you ineach year. By order
of the board of administration I revoke said instructions No. 249, as
well as all previous instructions concerning the catch of fur-seals, and
I now direct you to take hereafter annually as many as 70,000 fur-seal
skins, 25,000 of which must be dried and the remaining 45,000 salted
according to the new directions in your possession.

You must take the 70,000 skins now ordered to be prepared only in
case no decrease in the numbers of the animals is observed; otherwise
you must immediately advise me for the purpose of having the number
reduced with a view to the preservation of the seals for the years to
come.

As these instructions will reach you late in the season, and as you
will consequently be unable to prepare the whole quantity of fur-seal
skins now required, I have to request that you will endeavor to take and
salt not less than 10,000 skins during the time occupied by the trip of
the vessel from St. Paul to Fort Michael and back, and to put them on
board of the vessel on her second visit to St. Paul. Last year you sent
only 14,000 dried skins, while the order was to send about 20,000. In
future you must endeavor to strictly fill the orders. ;

As to No. 34.—You will make a report to my successor as to the re-
wards to zealous employés. He will probably visit your island in the
course of this year.

As to No. 36.—I thank you for your efforts in regard to the vaccina-
tion of the inhabitants, and I request that you will not neglect the mat-
ter in future.

In regard to your request for the admission of your son to the Colonial
Public School as a company’s boarder, I have to inform you that that
school is not yet fully prepared for the reception of boarders, and I ©
therefore advise you to place your son in the house of any of your sis-
ters who are now receiving pensions; your son, while living at Sitka,
can attend the school on the same terms as all the newcomers who are
not the company’s pupils.

The annual supplies are sent you by the brig Shelikof; unload the
cargo, and deliver to the brig all your skins and your reports. Besides
this vessel, you will be visited by the steamer Constantine on her re-
turn voyage from Nushagak; this vessel will bring you about 2,500
poods of salt, and probably some lumber.

lL have ordered the Russian skipper Archimandritoff to proceed by
this brig toinspect the island under your charge; you are therefore di-
rected to comply with all his requests.

CASES OF THE PEARL, LORIOT, AND HARRIET.

CASE OF THE PEARL.!
Messrs. Bryant and Sturgis to Mr. Adams,

Boston, April 21, 1823.
Hon. JOHN QUINCY ADAMS,
Secretary of State:

Sim: The brig Pearl, Samuel Chandler, master, belonging to our-
selves and other citizens of the United States, sailed from this place on
a trading voyage to the northwest coast of America in January 1822,
and arrived at the Sandwich Islands the following August. L[lness
compelled Capt. Chandler to remain at the islands, and Charles Ste-
vens was appointed commander of the vessel. The inclosed protest
shows the subsequent proceedings. Our letters from Capt. Chandler
State that the order to leave that part of the northwest coast lying
north of latitude 51°, was a written one, both from the governor of
the Russian settlement at Norfolk Sound and the commander of the
Russian frigate.

By this outrage the voyage of the brig Pearl has been entirely ruined
and her owners subjected to a very heavy loss, as the peculiar charac-
ter of the voyages to the northwest coast require a cargo and outfit
not adapted to any other trade, and which must be totally lost if we
are debarred from pursuing our original plan.

Understanding that negotiations are pending with the Russian Gov-
ernment, ip. relation to their claims of exclusive jurisdiction on the
northwest coast, we feel it our duty to make this communication to
our Government, and do it with a confident expectation that a demand
will be made on the Russian Government for indemnity for the heavy
losses to which we have been unjustly subjected.

We learn that the Russian authorities on the northwest coast had
taken measures to drive the other American vessels from that coast
and are in daily expectation of hearing from them at the Sandwich
Islands, to which they must resort. Having upwards of $200,000

embarked in the northwest trade, we are deeply interested in "the
result, and can not but hope that Government will adopt such meas-
ures aS will secure us an indemnity for the immense losses with which
we are threatened.

With the greatest respect, we are, sir, your most obedient servants,

BRYANT & STURGIS.

'The documents hereinafter referred to are on file in the archives of the State De;
partment at Washington.
175

176 CASES OF THE PEARL, LORIOT, AND HARRIET.

{Inclosure.]

By this public declaration and protest, be it known, that on this

twenty-fourth day of November, in the year of our Lord 1822, before me, — ?

John C. Jones, jr., agent for the United States at the Sandwich Islands,
personally came and appeared Charles Stephens, master, Lemuel
Foster, jr., chief officer, and Joseph Hall, jr., second officer, of the
brig or vessel called the Pearl, of the burthen of one hundred and
seventy-six tons or thereabouts, belonging to the port of Boston, in the
United States, who severally declared, that they sailed in the said brig
Peart trom the Sandwich Islands on the 25th day of August, 1822, bound
on a trading voyage to the northwest coast of America; that on the
19th day of September they made the land Cape Ommaney, and
anchored the same day at New Archangel, the Russian settlement;
that they were employed there preparing the vessel to proceed down
the coast till the 20th day of October, on which day they received a
peremptory order from the governor of the port to immediately leave
the road and never again appear on that coast.

And the appear[er]s did further declare that they were compelled to
leave behind, spars, wood, etc., which were on tbe beach ready for ship
ping, and of the greatest necessity to the vessel, and for which no com-
pensation was made.

And the appearers did further declare that on the 21st day of Octo-
ber they were boarded from His Imperial Majesty’s frigate, the Apollo,
and after a minute examination ordered to leave the coast immediately.
And, further, the appearers did declare that by the said proceedings of
the Russian Government the lawful business on which they sailed has
been entirely defeated and their voyage ruined.

And, therefore, the said appearers did declare to protest against His
Imperial Majesty the Emperor of Russia, against the governor of the
Russian settlement at New Archangel, the commander of the Russian
frigate Apollo, and all and every person, subjects of Russia, who have
molested, impeded, or prevented the lawful trade of the brig Pearl on
the northwest coast of America; that all losses, detriments, and damages
that have or may arise to the said brig or owners by her being ordered
from the northwest coast of America ought to be accounted for [by] His
Imperial Majesty, or officers, to the owners or those interested in the
said brig Pearl, or to the United States Government.

Thus done and protested before me at the Island of Woahoo, this
twenty-fourth day of November, in the year of our Lord one thousand
eight hundred and twenty-two.

Witness my hand and seal, .

(Signed) JOHN C. JONES, Jr.,
U.S. CO. A., Sandwich Islands.

We, the undersigned, being severally duly sworn, do severally make
oath and say that the instrument of protest hereunto annexed hath been
clearly and distinctly read over to them, these deponents, and that the
several matters and things therein contained are right and true in all
respects as the same are therein alleged, declared, and set forth.

(Sign’d) CHARLES STEVENS.
LEMUEL FOSTER, Jr.
JOSEPH HALL, Jr.

Sworn before me at the Island of Woahoo this 24th day of November,
in the year of our Lord 1822. In witness whereof I have hereunto set .
my hand and affixed my seal of office.

(Signed) JOHN C. JONES, Jr.,
U.S. C. A., Sandwich Islands.

CASE OF THE PEARL. 177

(Memorandum prepared by the Russian Minister at Washington.)

For the Honorable Mr. Adams’ private information.

According to informations, to which some credit seems to be due, the
Russian ‘ukase’ was publicly known at Boston as early as December,
1821. The owners of the Pearl, which sailed in January, 1822, seem to
have been not only fully apprised of the existence of this edict, but to
have fitted her out expressly to anticipate its operation and to turn to
their advantage the indulgence granted to a bona fide ignorance of the
ukase.

The American underwriters refused to pay the insurance, and were
justified in their refusal.

The principal firm of Boston concerned in the northwest trade, and
having now several vessels abroad actually prosecuting it, has lately
_ offered to dispose of the whole of its stock so vested, ships and cargoes,

for the consideration of only 7 per cent advance on the original cost.
This firm consists of Messrs. Bryant & Sturges. The latter has become
interested by purchase in the Pearl subsequently to her return from
her voyage.

The original captain, who resumed his command at Woahoo and
brought the Pearl back, has been, on his arrival at Boston, accused by
the owners of nefarious and fraudulent practices, threatened with legal
prosecution, and proved guilty in a court of arbitration.

[Memorandum prepared by Bryant & Sturges. No address.]

The first objection made to the admission of our claim is, in sub-
stance, ‘That the owners of the Pearl fitted out that vessel after being
apprised of the existence of the Russia ukase.” Not having been orig-
inal owners of that vessel, we cannot assert that such was not the fact;
but we think the circumstances of the outfit and voyage most con-
clusively prove that the owners could not have been aware of the pro-
visions or even the existence of the Russian edict at the time the voy-
age was commenced. The ukase received the sanction of His Imperial
Majesty in September, 1821, and it was made known at St. Petersburg
in October following, but was not communicated to our Government
until February, 1822. The Pearl was purchased and preparations for
her voyage began in November, 1821. She sailed from Boston in Jan-
uary, 1822, and in October of the same year arrived at the port of
New Archangel. Had the Pearl been “ fitted out expressly to antici-
pate the operation” of the ukase, is it probable that the first port she
visited on the Northwest Coast of America would have been one
known to be in the possession of the Russian Company, and where offi-
~ cial notice of the ukase would of course be given, and its provisions
enforced? Would not the commander of the Pearl have avoided all
communication with the Russians, and, trading only with the native
inhabitants on other parts of the coast, have prosecuted his voyage in
comparative security? In the original instruction from the owners of
the Pearl to the commander no allusion is made to any interdiction of
trade on the Northwest Coast; but he is expressly directed to visit all
ports and places where an advantageous traffic could be carried on. It
is highly improbable that any merchant, having knowledge of the Rus-
sian edict, would have given such instructions.

It is stated that “‘the American underwriters refused to pay the in-
surance and were justified in their refusal.” Payment has never been
demanded from the underwriters. An inspection of our policies of in-

- 12364——12

a

178 CASES OF THE PEARL, LORIOT, AND HARRIET.

surance-will show that the loss on the voyage of the Pearl is not one
for which insurers are ever liable—it is the loss of a market. Had the
commander of the Pearl, disregarding the warning of the Russian
authorities, remained on the Northwest Coast, and the vessel been cap-
tured and confiscated, then the underwriters would have been liable,
and the loss would have been paid.

To the assertion that we “have recently offered to dispose of our
whole stock in the northwest trade, at an advance of only 7 per cent on
the original cost,” it might be a sufficient reply to state,in the most
explicit terms, that no such offer was ever made, or authorized, by us;
but, in corroboration, we adduce the fact that, from the year 1815 to
the present time, we have annually fitted out one or more vessels for
the northwest trade, and that except in one case, where the vessel was
totally lost by shipwreck, no voyage of ours has terminated with less
than 50 per cent profit, and in several mstances more than 90 per cent
has been realized by us. The prospect for some of our vessels now on
the N{orth]WJ[est] Coast is so flattering that we doubt not but that more
than 50 per cent could not be obtained on the first cost of vessels and
cargoes. There was a time when we should, perhaps, have been dis-
posed to have sold our interest in this trade at less than the original
cost. It was when we apprehended that the interference of the Rus-
sian authorities might occasion the same ruinous consequences in other
cases, aS in the case of the Pearl.

The misconduct of the master of the Pearl, for which he was held
accountable on his return, had no relation to the question here at issue.
He was prosecuted for some petty acts of dishonesty and for a viola-.
tion of his contract with the owners in regard to private trade at the
Sandwich Islands and elsewhere.

In the statement which we made some time since to the Department
of State relative to our claim, all the facts within our knowledge were
set forth, and the estimates then made were just and reasonable. We
are extremely solicitous to have the business brought to a close—all we
ask is to be indemnified by the Russian Government for the loss actu-
ally sustained in consequence of the interference of their officers with
our lawful pursuits.

BRYANT & STURGIS.

Mr. Middleton to Mr. Adams.

ST. PETERSBURG, April 23-May 5, 1824.

Str: At the moment of signing the Convention of 17-5th April, I
felt it to be my duty to remind Count Nesselrode of the claim I had
made on account of the interruption of the voyage of the brig Pearl.
I urged to him the necessity of making compensation in a case the
principle of which might be now considered as settled in our favor. I
argued that their consenting to treat with us respecting limits upon
that coast, and abandoning in part their pretensions, proves that they
hold no sovereignty over it. The act, then, of their officer in arresting
a lawful voyage was arbitrary, and just indemnity is due for losses
thereupon consequent. After slightly touching such further topies as
I thought likely to produce the effect I wished, I put into his hand,
as a memorandum of our conversation, the note verbale of which a
copy (No. 1) accompanies this. He read it, and requested that I would
again furnish him with the documents I had formerly sent him relating

‘CASE OF THE PEARL. 179

to this case, as those [had furnished were not within his reach, the Em-
peror having taken my note of November 8, together with its inclosures,
to Farshoe Sels, since which Count Nesselrode had heard nothing more
of them. In conformity to this request, [ sent the next day fresh copies
of the documents in question, requesting the count’s early attention to
them. And yesterday I received a private letter, of which a copy is
herewith sent (No. 2), stating that General Baron de Tuyllis authorized
to ascertain by conferring with the American Secretary of State what
may be the indemnity due to the sufferers in the case of the brig Pearl.

I have the honor to be, sir, most respectfully, your obedient servant,

HENRY MIDDLETON.

To the SECRETARY OF STATE.
[Inclosure No. 1 in Mr. Middleton’s dispatch, No. 36, of 23d April-5th May, 1824. Verbal note.]

The minister of the United States thinks it his duty to remind his
excellency the Secretary of State, at the moment of signing the Con-
vention, which is just concluded, of the affair of the vessel Pearl. He
has been anxious to avoid every complication which might interrupt
the progress of the negotiation which has just been terminated, but at
present it is proper to mention that, in conformity with the orders
which he has received, he ought not withhold his protest against this
arbitrary act of the Russian authorities.

It would be extremely agreeable to the minister of the United States
to be enabled to announce to his Government, by the messenger who will
carry the Convention, that His Imperial Majesty, of his own proper
motion, ordered his minister at Washington to concert with the Sec-
retary of State of the United States what would be a fair indemuifica-
tion to be given in the case above mentioned.

ST. PETERSBURG, 5th April, 18.24.

[Enclosure No. 2 in Mr. Middleton’s dispatch No. 36, of 23 April—5 May, 1824. Verbal note.]
[Private.]

Count Nesselrode to Mr. Middleton.

Str: I have submitted to the Emperor the papers which you did me
the honor to communicate to me relative to the claims which your Goy-
ernment made on the subject of the sending back of the American brig
the Pearl.

In our former conferences I did not fail to impress upon you, sir, that
we could not consider this claim as founded in right, nor recoguize the
principle upon which it is based. The Emperor’s opinion has not
changed in this regard.

However, I have this day the satisfaction of informing you that His
Imperial Majesty, wishing to give the Government of the United States
a new proof of his desire to maintain their relations of good under-
standing and friendship, has just authorized General de Tuyll to enter
upon the subject of the affair in question by conferences with the Sec-
retary of State and to come to an understanding with him upon the
amount of the indemnification which is wished to be given to the persons
whose interests may have been injured by the sending back of the brig
Pearl. Our minister at Washington will discharge this order, but he
is authorized to inform the Secretary of State of the point of view in

180 CASES OF THE PEARL, LORIOT, AND HARRIET.

which the Emperor sees this affair as to the principle of right, and to
declare especially that His Imperial Majesty accedes to the wishes of
the Government of the United States only with the view of evincing
his favorable dispositions to cement those amicable relations to which
the convention of April 5-17 April has just added new value.

I have the honor to be, with the most distinguished consideration, sir,
your most humble and obedient servant,

NESSELRODE.
St, PETERSBURG, 22 April, 1824.

CASE OF THE LORIOT.

On May 19, 1835, the Department of State at Washington was
officially notified by the Russian minister that the ten years trading
privileges upon the Northwest Coast of America, which were conferred
by the treaty of 1824 between the United States and Russia, had come
to an end, and that the captains of two American vessels at Sitka had
already been requested to take notice of this fact.’

On June 24, 1835, the Secretary of State wrote to the Russian minis-
ter, as follows: * * * “I am instructed to apprise you that the
President would prefer not to take any active measures to interrupt
the commercial intercourse between the United States and the Russian
settlements on the Northwest coast of America, unless, in your opinion,
there is reason to believe that a proposition on the part of this Govern-
ment for a renewal of the article referred to would not be met ina
favorable spirit by the government of His Imperial Majesty at St.
Petersburg.”?

On July 30, 1835, the Secretary of State notified Mr. Wilkins, the
United States minister at St. Petersburg, of the foregoing, and requested
him to endeavor to obtain a renewal of the ten year’s privileges; which
request was repeated April 19,1837, to Mr. Dallas, Mr. Wilkins’ sue-
cessor.?

Soon thereafter there was received the news of the seizure by the
Russians in the preceding year of the brig Loriot in a harbor situated
in latitude 54° 55’ north upon the Northwest coast, 7. ¢., just above the
southernmost limit of latitude 54° 40’, referred to in the treaty of 1824.
The United States Government protested vigorously and demanded
reparation of the Russian Government. Its views are found embodied
in the letter addressed by the Secretary of State to Mr. Dallas, May 4,
1837.'

The material issues involved in the case are concisely stated as fol-
lows in a letter from Mr. Dallas to Count Nesselrode, dated March 5,
1838.°

“Avoiding a repetition of details heretofore enumerated as well as .
theiraggravating features, the leading facts of reclamation are that of the
brig Loriot, owned and commanded by American citizens, sailed from the
Sandwich Islands on the 22d of August, 1836, bound to the Northwest
Coast to procure provisions and Indians for hunting sea-otter; that hav.

1 Senate Ex. Doc. No. 1, Twenty-fifth Congress, third session, p. 24. “The whole of
this document will be laid before the Tribunal.
2 Tbid., p. 26

CASE OF THE LORIOT. 181

ing made Forrester’s Island, she anchored in the harbor of Tuckessan, in
Jatitude 54° 55/ north; that no Russian establishment existed in that
harbor; that 4 days afterwards an armed brig of His Imperial Majesty’s
navy went into the neighboring harbor, called Tateskey, in latitude
54° 45’ north; that no Russian establishment existed in this latter
harbor; that she was boarded by officers from the armed brig, by whom
her captain was first ordered to leave the dominions of Russia, and
subsequently compelled to get under way and sail for the harbor of
Tateskey; that when off the harbor of Tateskey she was, in threatening
weather, refused permission to enter, and peremptorily again com-
manded to quit the waters of His Imperial Majesty; * * * *”

Mr. Dallas continues as follows:

“The right of the citizens of the United States to navigate the Paci-
fic Ocean, and their right to trade with the aboriginal natives of the
Northwest coast of America, without the jurisdiction of other nations,
are rights which constituted a part of theirindependence * * * It
is unknown to the undersigned that they have voluntarily conceded
these rights, or either of them, at any time, through the agency of their
government, by treaty or other form of obligation, in favor of any com-
munity. Yet he deduces from the communication of His Excellency,
after having given it. the careful consideration to which every act from
such a source lays claim, as the only ground upon which the reclama-
tion on behalf of Captain Blinn is resisted, the proposition that the
United States, by the Convention of 1824 yielded to His Imperial
Majesty their right to hold commerce on the expiration of ten years with
the aboriginal natives on the Northwest Coast beyond the degree of
54° 40’ north latitude. This proposition, if established, is unquestion-
ably fatal to the pretensions of the master and owners of the Loriot.
It bears, however, an aspect so detrimental to the interests of his
countrymen, and to their attributes as an independent power, is so in-
consistent with the past policy and principles of the American cabinets,
and is withal of such minor importance to the prosperity and greatiess
of Russia, that the undersigned trusts its want of solid foundation will,
on further reflection, be apparent and confessed.”

After discussing at length the terms of the treaty Mr. Dallas con-
tinues:

“The undersigned submits that in no sense can the fourth article be
understood as implying an acknowledgment on the part of the United
States of the right of Russia to the possession of the coast above the
latitude of 54 40’ north. It must of course be taken in connection with
the other articles, and they have, in fact, no reference whatever to the
question of the right of possession of the unoccupied parts. To prevent
future collisions it was agreed thatnonew establishmentshould be formed
by the respective parties to the north or south of the parallel mentioned ;
but the question of the right of possession beyond the existing estab-
lishments, as it stood previous to or at the time of the convention, was
left untouched.

“By agreeing not to form new establishments north of latitude 54 40’
the United States made no acknowledgment of the right of Russia to
the territory above thatline. If suchan admission had been made, Rus-
Sia, by the same construction of the article referred to, must have equally
acknowledged the right of the United States to the territory south of
the parallel. But that Russia did not so understand the article is con-
clusively proved by her having entered into a similar agreement in her
subsequent treaty of 1825 with Great Britain, and having, in that in-

182 CASES OF THE PEARL, LORIOT, AND HARRIET.

strument, acknowledged the right of possession of the same territory
by Great Britain.

“The United States can only be considered inferentially as having ac-
knowledged the right of Russia to acquire, above the designated merid-
ian, by actual occupation, a just claim to unoceupied lands. Until
that actual occupation be taken, the first article of the convention rec-
ognizes the American right to navigate, fish, and trade, as prior to its
negotiation. Such is esteemed the true construction of the convention;
the construction which both nations are interested in affixing, as the
benefits are equal and mutual, and the great object is secured of re-
moving the exercise of a common right from the danger of becoming a
dispute about exclusive privileges.

“At the hazard of proving tedious, the undersigned has thus endeav-
ored to convey to his excellency Count Nesselrode the views suggested
by his recent communication.”

Count Nesselrode never took any notice of this note.1| On March 9,
1838, however, he addressed the United States minister, in part, as fol-
lows?

“The undersigned has had the honor to receive the note that Mr. Dal-
las, envoy extraordinary and minister plenipotentiary of the United
States of America, was pleased to address him on the 16th (25th) of
December relative to the proposition previously brought forward by
Mr. Wilkins to renew the fourth article of the convention of April 5
(17), 1824, of which the effect had been limited to a term of ten years,
and which had consequently expired in 1834.

“The desire not to decide a question of this importance without a
thorough knowledge of the subject did not permit the Imperial Gov-
ernment to give an opinion in relation to it until detailed information
had been collected, as well in regard to the wants of the Russian estab-
lishments in America as to the influence that the state of things secured
by the fourth article had exercised there. * * *

‘The information then expected has since reached the undersigned,
and it appears that the execution of the temporary provisions contained
in the fourth article had not been unattended with serious inconven-
iences, and that it has been really injurious to the prosperity of the
Russian establishments on the northwest coast. The greater part of
the foreign vessels which resort to this coast in virtue of the said stipu-
lations have only made use of the right of trading with the natives in
order to sell them spirituous liquors, firearms, and gunpowder. Accord-
ing to the tenor of the fifth article, these articles were expressly
excluded from the trade, but experience has proven that this exclusion,
and also the legislative measures by which the Government of the
United States sought to carry it into effect, were illusory, since by the
same article the contracting parties had deprived themselves of all
means of controlling the vessels which should visit these latitudes, so
that entire cargoes of rum, of firearms, and ammunition, have been
carried, without hindrance, into the Russian possessions and sold to
the natives, thus necessarily endangering the germs of order and civili-
zation which the agents of the Russian American Company have
already succeeded in introducing among these tribes. * *

‘This state of things could not fail to occasion complaints and remon-
strances, which, the Imperial Government being ever anxious for the
preservation of its relations with the United States, would alone, from
that time, be an adequate motive to induce it to desire that the stipula-

'Sen. Ex. Doc. No. 1, Twenty-fifth Cong., 3d sess., pp. 71, 72. 2 Thid., p. 69.

CASE OF THE LORIOT. 183

tions of the fourth article should not berenewed. But another consid-
eration, not less decisive, here presents itself; this is the obligation
under which the Inperial Government is placed to protect the com-
merce and navigation of the Russian colonies, and to secure to them
henceforth the peaceable enjoyment of the advantages which, by virtue
of their privileges, they are destined to gather from the impr ovement
(exploitation) of the fisheries as well as from the trade with the natives.

“These considerations, taken together, render itimpossible for the In-
perial Government to accede to the proposition which has been made to it
to renew the stipulations of the fourth article. The regret experienced
by it on the occasion is, however, diminished by the conviction that the
United States would not themselves derive any especial advantage from
the longer continuance of these stipulations; since, according to the
statement of the navigation in these places, even whilst the fourth
article was yet in force, there were never morethan four American vessels
arrived in the course of a whole year, and that even this number har dly
to be taken into account in the flourishing state of the mercantile marine
of the Union, was diminishing in proportion as enterprises on the north-
west coast offered fewer chances of success. It appears evident from
this, that the renewal of the fourth article could hardly contribute to
extend in a reciprocally useful manner the commercial relations between
Russia and the United States of America; or by consequence answer
the constant solicitude of the Imperial Government to cement more and
more and in a mutual interest the friendly intelligence which it is al-
ways happy to cultivate with the Government of the Union.”

A final request was made for permission to trade, if not with the
natives, then at least with the Russians. But this too was refused, as
appears from the following dispatch of Mr. Dallas’ to the Secretary of
State, May 13, 1838':

“On the 9th inst. the communication of which I annex a copy, was
received from Count Nesselrode, in reply to my request, under date of
the 26th of March last, to be furnished with information as to the
measures adopted, or proposed to be adopted, by this Government re-
specting the admission of American vessels into the Russian establish-
ments on the northwest coast.

“Tt will be perceived that the substance of Count Nesselrode’s note
is distinct and definitive; and that the single and simple measure
adopted in relation to our vessels, is their absolute exclusion from what
are deemed the Russian possessions. The published order of Governor
Wrangel, to which Baron Krudener, in 1835, called your attention, is
confirmed unqualifiedly in principle and practice; ; and the cabinet at
Washington is invited to repeat the warning heretofore given by it to
the citizens of the United States not to contravene that prohibitory
notice, so that they may avoid exposing themselves to the consequences
of misunderstanding or collision.

“ Although my request for information was expressly limited to
Russian establishments, and Count Nesselrode’s reply to it may not
strictly be extended beyond that limit, I can not help thinking that
the prefatory and peculiar reference he has made to the expir ation of
the fourth article of the convention is meant as a reiteration of the
position assumed in the case of the Loriot, Capt. Blinn, to wit, that since
April, 1834, our right to frequent the interior seas, oulfs, harbors, and
creeks north of 54° 40’ north latitude, whether actually occupied or
not, has ceased. ‘The consistent brevity, indeed, with which the effect

1 [bid., p. 71.

184 CASES OF THE PEARL, LORIOT, AND HARRIET.

of the ten years’ limitation is uniformly invoked satisfies me that it is
esteemed a point @appui in relation to our rights and pretensions on
the Northwest Coast, too conclusive to be omitted or argued. My let-
ter in answer to the first assumption of that position, dated the 17th of
March, 1838, and forwarded to you with dispatch No. 15, has not been
RRACEG... Fe ee

Though Mr. Dallas terminates this dispatch with a request for fur-
ther instructions as to ‘‘ the settled views and purposes of the American
Cabinet as regards the North Pacific trade,” none appear to have been
forthcoming, notwithstanding the whole correspondence was submitted
to Congress in 1838.

No further reference to the Northwest Coast was made by the United
States Government until June 2, 1840, when its minister at St. Peters-
burg was requested to make inquiries concerning the lease! which, in
1839, the Russian-American Company had executed to the Hudson Bay
Company of the territory between latitude 54° 40’ and Mount St.
Elias, to which lease no objection ever appears to have been made.

CASE OF THE HARRIET?
The American consul to the Buenos Ayres minister

BUENOS AYRES,
26th November, 1831.

(After referring to certain delays on the part of the Government of
Buenos Ayres in regard to the seizure of the Harriet, the United States
consul continues :) ,

This unexpected reply from his excellency the minister can not be
viewed by the undersigned in any other light than as a virtual avowal
on the part of this Government of the right of Mr. Lewis Vernet to
capture and detain American vessels engaged in the fisheries at the
Falkland Islands, and the islands and coasts about Cape Horn. It,
therefore, only remains to him to deny in toto any such right as hav.
ing been, or being now, vested in the Government of Buenos Ayres, or
in any person or persons acting under its authority; and to add his most

earnest remonstrance against all measures which may havebeen adopted
by said Government, including the decree issued on the 10th of June,
1829, asserting a claim to the before-mentioned islands and coasts, and
the fisheries appurtenant thereto, or any other act or decree having the
same tendency, and also the circular letter of the said Vernet, issued
in consequence of the same, as well as against all such measures as
may hereafter be adopted by said Government or persons acting under
its authority which are calculated in the remotest degree to impose re-
straints upon the citizens of the United States engaged in the fisheries
" question or to impair their undoubted right to the freest use of
them.

DECREE OF THE REPUBLIC OF BUENOS AYRES.

BUENOS AYRES, 10th June, 1829.

When, by the glorious revolution of the 25th of May, 1810, these
provinces separ ated themselves from the dominion of the mother coun-

' Appendix to Case of the United States, Vol. I, p.
*See British and Foreign State Papers, 1832 33, Vol. 20, pp. 311 to 441.

‘ bx
-

e
CASE OF THE HARRIET. 185

try, Spain held the important possession of the islands of the Malvinas
(Falkland Islands), and of all the others which approximate to Cape
Horn, including that known under the denomination of Tierra del
Fuego; this possession was justified by the right of being the first oc-
cupant, by the consent of the principal maritime powers of Europe, and
by the proximity of these islands to the continent which formed the
viceroyalty of Buenos Ayres, unto which Government they depended.
For this reason the government of the Republic, having succeeded to
every right which the mother country previously exercised over these
provinees, and which its viceroys possessed, continued to exercise acts
of dominion in the said islands, its ports, and coasts, notwithstanding
circumstances have hitherto prevented this Republic from paying the
attention to that part of the territory which, from its importance, it
demands. Nevertheless, the necessity of no longer delaying such pre-
cautionary measures as shall be necessary to secure the rights of the
Republic, and at the same time to possess the advantages which the
productions of the said islands may yield, and to afford to the inhabit-
ants that protection of which they stand in need, and to which they are
entitled, the Government has ordered and decreed as follows:

ART. I. The islands of the Malvinas and those adjacent to Cape
Horn, in the Atlantic Ocean, shall be under the command of a political
and military governor, to be named immediately by the Government of
the Republic.

If. The political and military governor shall reside in the Island de
la Soledad, on which a battery shall be erected under the flag of the
Republic.

III. The political and military governor shall cause the laws of the
Republic to be observed by the inhabitants of the said islands, and
provide for the due performance of the regulations respecting seal fish-
ery on the coasts. ;

IV. Let this be made public.

RODRIGUEZ.

SALVADOR MARIA DEL CARRIL.

The American chargé Waffaires to the Bucnos Ayres minister)

BUENOS AYRES, 20th June, 1832.

The undersigned, chargé d’affaires from the United States of Amer-
ica near the Government of Buenos Ayres, has the honor to inform his
excellency the minister of grace and justice, charged provisionally
with the department of foreign affairs, that he has been instructed by
his Government to call the attention of this Government to certain
transactions of Mr. Lewis Vernet, who claims, under a decree of this
Government, dated the 10th of June, 1829, to be “the military and
civil governor of the Falkland Islands, and all those adjacent to Cape
Horn (including Tierra del Fuego), in the Atlantic Ocean.”

Under color of this decree, on the 30th day of July last, Gilbert R.
Davidson, a citizen of the United States, and master of a vessel called
the Harriet, sailing from Stonington, in the State of Connecticut, one
of the said United States, and owned by citizens of the said States,—
ina time of profound peace, while pursuing lawful commerce and busi-
ness, was forcibly arrested by a body of armed men, acting under the

1See British and Foreign State Papers, 1832~33, Vol. 20, p. 330,

186 CASES OF THE PEARL, LORIOT, AND HARRIET.

orders of the governor, Vernet, who at the same time arrested his
boat’s crew, placed him in close continement,—subsequently seized the
Harriet,—forced the crew on shore and imprisoned them all, excepting
the mate, cook, and steward. The papers of the Harriet and many
articles on board were forcibly taken, and a part of the articles were
sold by order of the governor, without formal condemnation or any
legal process whatever.
* * * * *® * *

Having arrested and imprisoned them, in his capacity of military and
civil governor, for violating the laws and the sovereignty of this Repub-
lie—regardless of the high official character in which he acted, and the
dignity of the Government under whose appointment he professed to
act—instead of bringing them to trial for these offenses, he endeavored
to compel them to enter his service, for purposes altogether personal,
and to substitute himself forcibly in the place of their owners.

* * SS * * * *

The schooner Harriet arrived here on the 20th of November last, under
his charge, and is now detained (as the undersigned has been intormed)
by virtue of some process emanating from this Government, and her
crew (with the exception of 5 who had been liberated by the governor
on their agreement to enter his service), were put on board the atore-
mentioned British vessel and sent with Captain Carew, and some of his
men to Rio Janeiro.

x * * * * * *

The undersigned would also call the attention of his excellency the
minister of foreign affairs to certain declarations of Don Luis Vernet,
important, as coming from a high functionary of this Government, the
military and civie Governor of an extensive region; and if those dec-
larations are to be considered as indicative of the sentiments and
views of this Government there would be just cause for apprehending
that a project was in contemplation involving the destruction of one
of the most important and valuable national interests of the United
States—the whale jishery—tor he declared to Captain Davison, that
it was his determination to capture all American vessels, including
whaling ships, as well as those engaged in catching seals, upon the
arrival of an armed schooner, for which he had contracted, which was
to carry 6 guns and a complement of 50 men.

The undersigned would also eall the attention of his excellency the
minister to another declaration of the governor, from which an infer-
ence is fairly to be deduced, that the citizens of the United States were
to be selected as the special victims of his power, while the vessels
and seamen of other nations were to be unmolested, inasmuch as when
he was told that the crew of the Adeona, a British vessel, had taken
many Seals on the islands, and some even on the Volunteer Rocks, at
the mouth of the sound on which his establishment was placed, his
reply was, “ that he could not take an English vessel with the same
propriety that he could an American.”

It may sometimes happen that nations may mistake their rights, and
may attempt to establish sovereign jurisdiction over unoccupied terri-
tories not clearly their own, and to which their title may be disputed,
and other nations, whose rights may be affected in consequence of such
assumptions, are not necessarily obliged, perhaps, in the first instance,
to regard acts enforcing such jurisdiction as intrinsically and abso-
lutely hostile if their operation is equai and indiscriminate; but, if the

CASE OF THE HARRIET. 187

citizens or subjects of one nation only are subjected to penalties and
‘punishments for violations of sovereign jurisdiction so assumed, while
the subjects or citizens of other nations, committing the same violations,
are unmolested, such partial selection is evidence “of hostile feeling, aut
least, in the officer to whom the authority to punish is delegated, and the
Government which justifies an officer who thus tavors‘and spares the
one and punishes the other, when both are in pari delictu, must be
considered as avowing a preference, injurious and hostile to the nation
which suffers.
* * * * * * *

But had the governor, in the exercise of his authority, confined him-
self merely to the capture of American vessels, and to the institution of
processes before the regular tribunals which administer the laws in
this country, with the sole view of ascertaining whether transgressions
against the laws and the sovereignty of this Republic had or had not
been committed, and had he so done in strict pursuance of his delegated
authority, yet, in view of the Government of the United States, even
an exercise of authority thus limited, would have been an essential vio-
lation of their maritime rights; and the undersigned is instructed and
authorized to say that they utterly deny the existence of any right in
this Republic to interrupt, molest, detain, or ¢ rds any vessels be-
longing to citizens of the United ‘States of America, or any persons
being Citizens of those States, engaged in taking s fold or whales, or
any species of fish or marine anim: als, i in any of the waters, or on any of
the shores or lands, of any or either of the Falkland Islands, Terra del
Fuego, Cape Horn, or any of the adjacent islands in the Atlantic
Ocean.

In consequence of these repeated outrages on American property
and American citizens, it has become the solemn and imperative but
unpleasant duty of the undersigned, as the representative of the
United States of America, to demand in their behalf a restitution of
all captured property belonging to citizens of the United States now
in the possession of this Government, or in the possession of Don Luis
Vernet, claiming under its appointment to be the military and civie
eovernor of the Falkland Islands, Terra del Fuego, and all the islands
in the Atlantic Ocean adjac ent(to| Cape Horn, and ample indemnity for
all other property of American citizens which has been seized, sold, or
destroyed by said Vernet, or persons acting under his orders; and full
and ample immunity and reparation for all” consequential injuries and
damages arising therefrom, and fw indemnity to all American citizens
from personal wrongs, whether from detention, imprisonment, or per-
sonal indignities.

The American Chargé @ Affaires to the Buenos Ayres Minister?

3UENOS AYRES, 10th July, 183.2.
The undersigned, chargé Waffaires from the United States of Amer-
ica near this Government, has the honor to inform his exceNency the
minister of grace and justice, charged provisionally with the de part.
ment of foreign affairs, that he has received no answer to the inquiry
which he had the honor to submit to him in his communication of the
26th ultimo, and which was of the following s purpor t, that hisGovernment

1See British and Foreign State Papers 1832~33, Vol. 20, p. 538,

188 CASES OF THE PEARL, LORIOT, AND HARRIET.

wished to know distinetly from this Government whether it claimed on
its part any right or authority to detain or capture or in any way to,
molest, interrupt, or impede the vessels or the citizens of the United
States of America while engaged in fishing in the waters or on the
shores of the Falkland Islands and the other places included in the
decree of June 10, 1829.

* * * * * * *

As his excellency has not, as yet, condescended to reply to the
inquiry, the undersigned thinks himself justified in the presumption
that the power and authority described in his application are assumed
by this Government. And, acting on this presumption, he will proceed
to lay before his excellency the views which his Government have taken
of this question, and to present some facts, having relation to the ques-
tion in issue, for the consideration of his excellency, which he sincerely
hopes may produce a happy termination of this unpleasant contro-
versy.

To simplify the investigation upon which the undersigned proposes
to enter, he will, in the commencement, take the liberty to state the
question in this manner.

The Argentine Republic claims sovereignty and jurisdiction over the
Falkland Islands, Terra del Fuego, Cape Horn, and the islands adjacent
in the Atlantic Ocean, by virtue of having succeeded to the sovereign
rights of Spain over those regions.

As these sovereign rights thus claimed are altogether derivative
from Spain, the first inquiry naturally divides itself into two
branches:

Ist. Had Spain any sovereign rights over the above-mentioned
places?

2nd. Did the Argentine Republic succeed to those rights?

(The letter proceeds to show that Spain never became or even
claimed to be the owner of the Falkland Islands either by first discov-
ery or occupation (pp. 340-347), and continues:)

Can this Republic, then, claiming no original title or rights, but
such only as are derivative, and which are derived altogether from
Spain, assume any higher titles than those which Spain herself as-
sumed? And Spain certainly never assumed any right to capture or
detain American vessels or American citizens engaged in the fisheries
at the places above mentioned.

* * * * * * *

But, if it be hypothetically admitted that the full and entire right
of sovereignty was possessed by Spain, has Spain renounced it? Has
Spain ever, by any acknowledgment whatever, yielded the rights which
she once possessed? Has Spain, as yet, relinquished, by any formal
act or acknowledgment, any part of her claim to supreme dominion
over these islands? Ifthe rights of Spain are dormant, they are not
extinct; and the undersigned has little doubt of her ability to maintain
her actual rights (if any) over the Falkland Islands, for, although some
of the brightest jewels have been torn from her Crown, she is now a
great and powerful nation; and could her capacities be developed by
free and liberal institutions, she would soon resume much of her ancient
grandeur.

But, again, if the rights of Spain to these islands were undoubted,
and if, again, it be admitted hypothetically that the ancient vice-
royalty of the Rio de la Plata, by virtue of the revolution of the 25th
of May, 1810, has succeeded in full sovereignty to those rights, would

a

CASE OF THE HARRIET, 189

that admission sustain the claim which the province of Buenos Ayres,

or, in other woids, the Argentine Republic, sets up to sovereignty and

jurisdiction ?
* * * * * * *

If, then, the sovereignty rights of Spain to those southern islands
descended to the ancient viceroyalty ot the Rio de la Plata by virtue
of the revolution, and if that viceroyalty is now divided into several
sovereignties, independent of each other, to which one of these several
sovereignties shall these rights be assigned? Where are the title deeds
of the Argentine Republic? Where are the releases of the other na-
tions of the viceroyalty to that Republic?

But, again, if it be admitted hypothetically that the Argentine Re-
public did succeed to the entire rights of Spain over these regions, and
that when she succeeded Spain was possessed of sovereign rights,
the question is certainly worth examination, whether the right to ex-
clude American vessels and American citizens from the fisheries there
is incident to such a succession to sovereignty.

The ocean fishery is a natural right, which all Nations may enjoy
in common. Every interference with it by a foreign power is a national
wrong. Whenitis carried on within the marine league of the coast,
which has been designated as the extent of national jurisdiction, rea-
son seems to dictate a restriction, if, under pretext of carrying on the
fishery, an evasion of the revenue laws of the country may reason-
ably be apprehended, or any other serious injury to the sovereign of the
coast, he has a right to prohibit it; but as such prohibition derogates
from a natural right, the evil to be apprehended ought to be a real, not
an imaginary one. No such evil can be apprehended on a desert and
uninhabited coast; therefore, such coasts form no exception to the com-
mon right of fishing in the seas adjoining them. All the reasoning on
this subject applies to the large bays of the ocean, the entrance to
which can not be defended; and this is the doctrine of Vattel, ch. 23,
sec. 291, who expressly cites the Straits of Magellan as an instance
for the application of the rule.

As to the use of the shores for the purposes necessary to the fish-
ery, that depends on other principles. When the right of exclusive
dominion is undisputed the sovereign may with propriety forbid the
use of them to any foreign nation, provided such use interferes with
any that his subjects may make of them; but where the shore is un-
settled and deserted, and the use of it, of course, interferes with no
right of the subjects of the power to which it belongs, then it would
be an infringement of the right to the common use of the shores, as
well as of the ocean itself, which all nations enjoy by the laws of
nature, and which is restricted only by the paramount right which the
sovereign of the soil has to its exclusive use when the convenience or
interests of his subjects require it, or when he wishes to apply it to
public purposes. It is true that he is the judge of this interest
and of the necessity of using it for his public purposes, but justice
requires that where no such pretension can be made the shores, as
well as the body of the ocean, ought to be left common to all.

These principles seem to have dictated the articles in the treaties
between the United States and Great Britain. The third article of the
Treaty of Peace of 1782 declares that the people of the United States
Shall continue to enjoy unmolested the right to take fish on the Grand
Banks, ete., and to dry and cure their fish in any of the unsettled bays,
harbors, and creeks of Nova Scotia, Magdalen Islands, and Labrador,
80 long as the same shall remain unsettled; but that when settlements

190 CASES OF THE PEARL, LORIOT, AND HARRIET.

are made there they can not enjoy the right without a previous agree-
ment with the inhabitants or possessors of the soil.

Elis excellency will perceive from the terms of this treaty that no
rights of public sovereignty are claimed against the United States, but
that the private rights of those who have settled and cultivated lands
on the margin of the ocean are protected in such way as to secure their
individual improvements from injury.

In the treaty of Utrecht,* France is allowed the use of the unsettled
shores, for the purpose of dryi ing fish, by certain metes and bounds.

The "treaty concluded between Great Britain and Spain, in 1790,
already alluded to, is to be viewed, in reference to this subject; be.

cause both nations, by restricting them selves from forming settlements,
evidently intended that the fishery should be left open, both in the
waters and on the shores of these islands, and perfectly free, so that
no individual claim for damage, for the use of the shores, should ever
arise. That case, however, could scarcely occur, for whales are in-
variably taken at sea, and generally without the marine league, and
seals on rocks and sandy beaches, incapable of cultivation. The stipu-
lation in the treaty of 1790 is clearly founded onthe right to use the
unsettled shores for the purpose of fishery, and to secure its continu-
ance.

When the unsettled shore, although under the nominal sovereignty
of a civilized nation, is in fact possessed by independent, uncivilized
tribes, the right to exclude other nations from the use of the shores is
on a much less stable footing.

* *. * * : * * *

The following conclusions, from the premises laid down, are iney-
itable:

1. That the right of the United States to the ocean fishery and in
the bays, arms of the sea, gulfs, and other inlets capable of being for-
tified, is perfect and entire.

2. That the right of the ocean within a marine league of the shore,
where the approach can not be injurious to the sovereign of the coun-
try—as it can not be on uninhabited regions, or such as are occupied
altogether by savages—is equally perfect.

3. That the shores of such regions can be used as freely as the
waters: a right arising from the same principle.

4. That a constant and uninterrupted use of the shores for the pur-
poses of a fishery, would give the right, perfect and entire, although
settlements on such shores should be subsequently formed or estab-
lished. ;

* * * * * * *

If regions, never occupied or brought under any positive jurisdiction,
without garrisons, or naval forces, or inhabitants, are to be occupied
and brought under civil or military rule, and those who have enjoyed
the privilege of a free fishery there are to be excluded from that privi-
lege, it is incumbent on the nation assuming such powers to give of-
ficial notice to the resident representatives or to the governments of all
nations with whom relations of amity are maintained, before any acts of
violence, in assertion of such sovereign rights, can be justified. A
warning to individuals is not enough, for that is not a general notice;
and individuals not warned may incur forfeitures and penalties with-
out any knowledge of their liabilities; and their governments, equally
ignorant, could take no [preventative] measures for their security.

¥ ¥ & % * * *

CASE OF THE HARRIET. 191

These remarks, touching the vriginal rights of Spain and the deriv-
ative rights of the Argentine Republic, the rights of free fishery, and
the propriety of notice when dormant and unclaimed rights are asserted
and resumed, are offered for the consideration of his excellency.

* * * * * * *

If the Argentine Republic can show conclusively that Spain was
possessed of rights over the Falkland Islands, Tierra del Fuego, Cape
Horn, and the islands adjacent in the Atlantic Ocean of such a high
and sovereign character as to justify the exclusion of the citizens of
the United States of America from the fisheries there; if this Republic
can show that Spain has relinquished, renounced, or in any way lost
her sovereign rights to the regions above mentioned, and that such
sovereignty has become absolutely vested in herself, and if she can
further show that, having acquired such rights, and being about to
exercise them, by inflicting penalties and forfeitures upon the persons
and property of the citizens of a friendly nation, for exercising privi-
leges which they had been long accustomed to use, she is justified in
withholding all official notice of the acquisition of such rights and of
her intention so to exercise them from the government or the resident
representative of such nation, then, although the American Govern-
ment might have some reason to complain of unceremonious and un-
friendly treatment, there might, perhaps, have been no cause of com-
plaint, on the ground of a violation of positive rights,

RUSSIAN DOCUMENTS.

A—RELATING TO THE NUMBER OF SEALS KILLED ON ST. PAUL
ISLAND, 1860-1866.

NO...

Letter from the chief manager of the Russian American Colonies to the
board of administration of the Russian American Company. Written
from the Colonies, March 29, 1860.

* * * * * * *

In the meantime being desirous of increasing the seal catch I in-
structed the managers of the Pribilof Islands to take 50,000 to 60,000
sealskins every year,

* *# * * + # 3.

No. 2.

Letter from the chief manager of the Russian American Colonies to the
manager of the island of St. Paul. Written from Sitka, May 5, 1860.

To increase the capacity of the island intrusted to your management,
by means of volunteer hunters, I have ordered an increase in the num-
ber of employés, and you will receive this summer, by the ship Cesar-
vitch, lumber for the construction of a shed and a drying room. The
construction of the shed and the drying room must be in exact con-
formity with the purpose for which they are intended; and I therefore
direct you to be guided by local circumstances, after consultation on
the subject with Lieut. Wehrmann, as the annual seal catch must be
increased to 60,000.

*

* * 3 * * * *

I again order you to kill from 50,000 to 60,000 seals every year.

No. 3.

Letter from the chief manager of the Russian American Colonies to Licut.
Wehrmann. Written from Sitka, May 3, 1860.

CONCERNING SEALS.

By direction of the board of administration, I instructed the manager
of the island of St. Paul, Repin, to kill from 50,000 to 60,000 seals every
year.
1236413 193

194 RUSSIAN DOCUMENTS.

In the meantime, seeing from the report of Manager Repin that, in
1859, the seal catch was unsuccessful, owing to the fact that the cows
arrived late and without young, I respectfully request your excellency
to ascertain on the spot whether it is possible to take 50,000 to 60,000
sealskins every year without injury to the industry for the following
years, and to permit him to take such a number as you may think ex-
pedient.

No. 4.

Letter from the chief manager of the Russian American Colonies to the
manager of the island of St. Paul, Milovidof. Written from Sitka, March
15, 1861.

* ® * * * * j *

I direct you henceforward to prepare the following quantity of seal-
skins every year, and to send them to New Archangel, 25,000, dried in
the same way as has been done hitherto, and 25,000 salted, the prepara-
tion of which must be performed by the new method, in accordance
with the directions inclosed herewith.

The attention of the board of administration is especially turned to
the seal catch at the present time, and you will therefore bestow the
greatest care upon it, and not fail to ship the 50,000 skins hereby or-
dered.

You must make requisition on the New Archangel factory for the salt
needed for salting the skins, as well as for other articles in sufficient
quantity at the proper time. .

In case you notice a diminution in the number of seals, and find it
impossible to take as many as 50,000 without too great impoverishment
(of the rookeries), you will immediately report to me; and you will also
report every year whether it is not possible to take more than 50,000
sealskins.

In killing the seals be careful to take the large and medium-sized
ones, as circumstances may direct; and you are permitted to kill 4,000
gray seals every year, in order to procure the oil, which, as you are
aware, the natives use for their necessities, and you will ship as much
of it as possible to Unalaska and New Archangel.

cd * * * * * *

Make your reports short, but clear. Report every year on the follow-
ing subjects:

The increase or decrease of the seal and sea-lion rookeries; the
amount of seal meat, oil, and other supplies secured; all vessels coming
in sight of the island, etc.; after the example of the former manager,
Shalshnikof.

Send every year a list of all the paid employés and hunters, together
with your remarks on each, and recommend those who are deserving
of a reward, and keep a yearly journal of the management of the seal-
killing and of the work done.

I place upon you the personal responsibility of keeping watchmen on
the rookeries constantly during the summer, in order to prevent the
whalers and all other foreigners from landing on the coast, and to pre-
vent the natives and the employés from having any commercial trans-
actions whatever with them.

RELATING TO SEALS KILLED ON ST. PAUL ISLAND, 1860-1866. 195
No. 5.

Letter from the chief manager of the Russian American Colonies, Furu-
helm, to the board of administration of the Russian American Company.
Written from the Colonies, October 14, 1861.

* * * * * * *

In the course of this year 47,940 sealskins have been taken from the
islands of St. Paul and St. George, of which number 24,943 salted, 3,000
bachelors, dried, and 2,500 grays have to be sent to New York; and
12,000 dried skins will now be sent by the ship Czaritza to Cronstadt.

* * * * * * ¥

No. 6.

Letter from the chief manager of the Russian American Colonies Furuhelm,
to the board of administration of the Russian American Company.
Written from the Colonies, November 17, 1862.

* * * * * * *

In spite of the great slaughter of seals on St. Paul and St. George,
they are every year occupying more space with their rookeries; and I
therefore permitted the manager to take 75,000 skins on the former
island, instead of 50,000; and on the latter 5,000, an increase of 2,000.
Seeing now, however, that the demand for sealskins for New York does
not go beyond 20,000, I will alter this arrangement, and instruct him
to prepare 25,000 salted sealskins and 20,000 dried on St. Paul and not
to take more than 3,000 on St. George, as heretofore. The sealskins
remaining over can not spoil, as they are thoroughly salted.

* * * * * * ®

No. 7.

Letter from the board of administration of the Russian American Com-
pany to Captain of the First Class and Knight Ivan Vasilievitch Furu-
helm, chief manager of the Russian American Colonies. Written from
St. Petersburg, February 14, 1863.

The board of administration, noting in dispatch No. 465, of Novem-
ber 17, 1862, your arrangements for killing a larger number of seals on
the islands of St. Paul and St. George, to wit, on the former, 70,000,
instead of 50,000, and on the latter 5,000, respectfully requests your
excellency to give orders that the said arrangements be kept in force,
as the board will not fail to adopt the necessary: measures for the sale
of these furs.

196 RUSSIAN DOCUMENTS.
No. 8.

Letter from the chief manager of the Russian American Colonies, Furu-
helm, to the board of administration of the Russian American Company.
Written from the Colonies, October 8, 1863.

CONCERNING THE QUANTITY OF FURS TAKEN DURING THE CURRENT
YEAR IN THE KADIAK DISTRICT AND ON THE ISLANDS OF UNGA,
UNALASKA, ST. PAUL, AND ST. GEORGE, AND AT FORT MICHAEL.

By the vessels which carried supplies to the Kadiak district and the
islands of Unga, Unalaska, St. Paul, and St. George, and to Fort
Michael, and which have now returned to New Archangel, I received re-
ports from the Kadiak factory and the managers of the above-named
places with regard to their prosperous condition and the quantity of furs
obtained during the current year, viz:

In the Kadiak district: The United Kadiak party, which was en-
gaged in hunting sea otters in Kenai Bay, could not visit the best
places for sea otters, owing to the constant bad weather, and conse-
quently its catch was extremely small in comparison with former years
in that bay, and amounted only to 253 sea otters.

The hunt was, on the whole, very successful on the islands of Unga
and Unalaska and at Fort Michael.

In the course of last year trading expeditions were sent from Fort
Michael to Quickpack River, and from Nulatof Station to Lake Min-
tog. By the latter expedition 1,453 skins of different kinds were ob-
tained and were left at that station to be kept until the summer of next
year, 1864.

The manager of the island of St. Paul reports that the seal and sea-
lion rookeries are increasing, in spite of the considerable numbers
killed on them; the white foxes, on the contrary, have been diminish-
ing in numbers.

No. 8b.)

Letter from the chief manager of the Russian American Colonies to the man-
ager of the island of St. Paul. Written from Sitka, May 1, 1864.

* * * * * * *

As to No. 32.—In my instructions No. 249 of last year I[ fixed the
number of fur-sealskins to be taken by you in each year. By order of
the board of administration I revoke said instructions No. 249, as well
as all previous instructions concerning the catch of fur-seals, and I now
direct you to take hereafter, annually, as many as 70,000 fur-sealskins,
25,000 of which must be dried and the remaining 45,000 salted, accord-
ing to the new directions in your possession.

You must take the 70,000 skins now ordered to be prepared, only in
case no decrease in the numbers of the animals is observed; otherwise
you must immediately advise me for the purpose of having the number
reduced, with a view to the preservation of the seals for the years to
come.

As these instructions will reach you late in the season, and as you

1 For the facsimile of this document, see No. 31 of the facsimiles published in Vol.
I of the Appendix to the Gase of the United States.

RELATING 10 SEALS KILLED ON ST. PAUL ISLAND, 1860-1866. 197

will consequently be unable to prepare the whole quantity of fur-seal-
skins now required, I have to request that you will endeavor to take
and salt not less than 10,000 skins during the time occupied by the trip
of the vessel from St. Paul to Fort Michael and back, and to put them
on board of the vessel on her second visit to St. Paul. Last year you
sent only 14,000 dried skins, while the order was to send about 20,000.
In future you must endeavor to strictly fill orders.
* * * * * 2 2

No. 9.

Letter from the board of administration of the Russian American Com-
pany to the acting chief manager of the Russian American Colonies.
Written from St. Petersburg, March 8, 1865.

In dispatches Nos. 1004, of November 8, 1864, 1110, of December 11,
1864, and Nos. 43, 79, and 81, of January 18 and 28, 1865, the board of
administration had the honor to notify you of its decision with regard
to the taking of sealskins.

In sending you now for your information a copy of the contract con-
eluded with Messrs. Oppenheim & Co., of London, for the additional
sale to them, in the course of 1866-67-68, of 10,009 salted fur-sealskins,
it has the honor to request you respectfully to instruct the persons whom
it may concern to carry out the following directions:

1. To take as many as 53,000 sealskins in 1865 and 1866, and of these
to dry 23,000 and to salt 30,000; and in 1867 and 1868 to increase the
number of dried skins by 2,000 a year.

2. Of this number you will send:

(a) To London to Messrs. John Morris Oppenheim & Co. 30,000, to
wit, 20,000 to 21,000 contracted for with Messrs. Shepler & Co., two-
thirds of which must be salted and one-third dried, and 10,000 salted,
contracted for by them with Messrs Oppenheim & Co.

(b) By way of Ayan to Irkutsk for the Kiachta market from 5,000 to
6,000 dried skins.

(c) To Cronstadt in 1865 and 1866, 16,000, and in 1867 and 1868, 18,000
dried skins.

3. In shipping (the skins) observe the following rules:

(a) The 15,000 or 16,000 intended for shipment around the world to
Cronstadt must all be of the proper size, to wit: Large, medium, and
small young bulls and bachelors, without any mixture of grays.

(b) In assorting (the skins) for Irkutsk, begin with the medium and
small bachelors and add a small quantity of the largest grays.

(c) (Set apart) about 6,000 dried skins for London, of the same size
as for Russia, but there must be no “yearlings,” that is, small grays,
among them.

(d) In salting the 25,000 skins called for by the two contracts and
intended for shipment to London, you must begin with the medium and
small bachelors and the third size of large grays, which, as you know,
are more than one year old. At the same time you must bear in mind
that the young bulls and the large bachelors must not be salted, as,
according to information received, salted skins are not fitted for the
London mode of dressing.

* * * * * & *

198 RUSSIAN DOCUMENTS.
No. 10.

Letter from the chief manager of the Russian American Colonies to the
manager of St. George. Written from Sitka, May 6, 1865.

* * * * * * *

It has come to my knowledge that white seals have been seen on the
Pribilof Islands; you are therefore instructed to kill them indiscrimi-
nately, in order to prevent their spoiling the race of the genuine seals.

Altering the instructions given last year in my No. 145 with regard
to the killing of seals, you are instructed: to kill in 1866, for shipment
to New Archangel (Sitka), 2,000 to be salted and 1,000 to be dried; in
all, 4,000 (sie).

; No. 11.

Letter from the chief manager of the Russian American Colonies to the
manager of St. Paul. Written from Sitka, May 6, 1865.

* * * * * * *

It has come to my knowledge that whiteseals have made their appear-
ance on the Pribilof Islands; you are therefore instructed to kill them
indiscriminately, to prevent their spoiling the race of the genuine seals.

Altering the instructions given you in my No. 145 of last year with
regard to the killing of seals, I instruct you to take in 1866, for ship-
ment to New Archangel (Sitka), 20,000 sealskins to be salted and not
more than 25,000 to be dried.

* ¥ a * * *

No. 12.

Letter from the chief manager of the Russian American Colonies to the
manager of the island of St. Paul. Written from Sitka, April 4, 1866.

* * * * * * *

T instruct you to take next year, 1867, the following amount of seal-
skins, and to prepare them as follows: 20,000 salted sealskins; 30,000
dried sealskins; in all, 50,000. é

INO. 13;

Letter from the chief manager of the Russian American Colonies to the
manager of the island of St. George. Written from Sitka, July 23, 1866.

* * * * * : * *

You are directed to take and prepare next year, 1867, 2,000 salted
sealskins, 2,000 dried sealskins; in all 4,000,
* ; = = * * * ®

RELATING TO VISITS FOREIGN WHALERS TO BERING SEA. 199
No. 14.

_ Letter from the chief manger of the Russian American Colonies to the mana-
ger of the island of St. Paul. Written from Sitka, August 10, 1866.

You are instructed to continue the seal catch in the following man-
ner:
1. Twenty thousand salted sealskins every year, and
2. Next year, 37,000 dried sealskins, and in the following years, if
you have no special instructions, 30,000 every year. Do not kill any
small gray seals in future.
* # * * * * 2

No. 15.

Letter from the chief manager of the Russian American Colonies to the man-
ager of the island of St. Paul. Written from Sitka, April 9, 1867.

* * * * * * *

The board of administration has notified me that Messrs. Oppenheim
& Co., after receiving the sealskins sent by us, expressed the wish
that only salted sealskins be sent them; and you are therefore in-
structed to prepare 40,000 salted sealskins for the summer of 1868, and
to stop drying the skins for the present.

Send to Sitka all the dried sealskins which you have on hand, and,
in addition, send this year 35,000 salted sealskins, which are needed,
according to the last dispatch of the board of administration, instead
of dried ones.

If I did not instruct you last year not to kill the gray seals, you are
now instructed not to kill any of them, as a very large quantity of
grey sealskins have accumulated at New Archangel.

* * * * * * 2

B.—_RELATING TO THE VISITS OF FOREIGN WHALERS TO BERING
. SBA.

No. 16.

Letter from the board of administration of the Russian American Com-
pany to Captain of the Second Rank Nicholas Yakovlovitch Rosenberg,
chief manager of the Russian American Colonies.

No. 897.] JULY 13, 1850.

In reply to your predecessor’s dispatch No. 464, of October 15, 1849,
the board of administration has the honor to inform you that the cir-
cumstances stated therein in regard to the visiting of the island of St.
Paul by foreign whalers, as well as the interrogatory papers, have been
communicated to our minister in the United States, with the request
that steps may be taken to prevent the Americans from invading the
integrity of the Russian limits and of the property rights of the com-
pany. At the same time the board of administration expects that you,

200 RUSSIAN DOCUMENTS.

like your predecessor, have taken all necessary measures for guarding
the Pribilof Islands, which are of such importance to the company, from
a repetition of similar attempts on the part of foreigners; and until
the clearing of those waters from whalers by means of a war cruiser, of
whose sending the board has already received information, you are
directed to order the company’s cruisers to pay particular attention to
the Pribilof Islands.
Signed in the original:

V. POLITKOVSKY, Presiding Officer.

V. KISHIRIN.

N. Kusor.

No. 17.

Letter from the board of administration of the Russian American Company
to Captain of the Second Rank Nicholas Yakovlovitch Rosenberg, chief
manager of the Russian American Colonies.

No. 561,] APRIL 18, 1852.

In transmitting to the governor-general of eastern Siberia the con-
tents of your dispatch No. 501 (May 24, 1851) concerning the visits of
foreign whaleships to the colonial seas, the board of administration
requested his excellency, in order to save the company from injury caused
by such occurrences, to issue instructions making itthe duty of such
armed cruisers as his excellency, may have at his disposition to patrol
the colonial seas, especially around the Commander Islands, where, as
you report, the foreign whalers assemble in great numbers in the sum-
mer season.

Informing you of this, the board of administration would instruct you
at the same time to fit out a company’s cruiser independently of the
naval cruiser and to instruct it to cruise in those places where, on closer
investigation, it may appear to you necessary. )

Signed in the original:

V. PoLirKovsky, Presiding Officer.
V. KLUPFEL, Member.

A. ETHOLIN, Member.

N. Kusor, Member.

WRANGELL, Member.

SEIZURES OF AMERICAN AND BRITISH VESSELS BY RUSSIA
IN 1892.

[Extract from the Victoria News of August 31, 1891.]

RUSSIAN PIRACY—SEALERS TAKEN IN THE OPEN SEA—TIIREE VIC-
TORIA CRAFT SEIZED AND THEIR CREWS THREATENED WITH
SIBERIA—A ’FRISCO VICTIM ALSO.

Startling story of outrage, insult, and pillage.—The captured crews
turned heartlessly adrift.—To secure passage home they sign away
every thing.—How they arrived at Victoria.

The Russian Government is following much the same high-handed
policy as that pursued by the United States regarding the sealing
matter. The officers of the Czar have perpetrated an outrage in that
connection that for wantonness exceeds even the acts of the United
States’ vessels.

The Victoria schooners, Rosie Olsen, Ariel, and Willie McGowan and
the San Francisco schooner C. H. White, have been seized upon the
high seas by the man-of-war Zabiaka. The seizures took place nearly
50 miles south of Copper Island and in the open ocean, July 18 and
and July 28.

Notwithstanding the vigorous protests of the respective captains they
and their crews were made prisoners and taken to Petropaulovsk, where
they were turned loose upon the beach without either food or shelter.
Their schooners were confiscated, and threats made that the captains
would be sent to the salt mines of Siberia if they made any protests.

Finally the entire complement of the four vessels were taken off by
the American bark Majestic on August 9, and reached Royal Roads
yesterday afternoon.

* * & * & td 2

{ Extract from the Victoria News of September 10, 1892.]
MORE RUSSIAN SEIZURES—THE VANCOUVER BELLE GONE,

Besides other schooners not yet identified.—The lost boats’ crews picked
up by the Russians.

Four more sealing vessels, including three Canadian and one United
States craft, have been seized by the Russians in the vicinity of Copper
Island, and several missing boats are supposed to have met with the

201

202 SEIZURES BY RUSSYA IN 1892

saine misfortune. This news was brought by the sealers H. B. Marvin
and W. P. Sayward which arrived in port yesterday, and renewed the
excitement created in Victoria by the first intelligence of the Russian
outrages. The names of the vessels latest seized have not yet been
ascertained, except that the Vancouver Belle from Vancouver is known
to be one of them; the other Canadians are supposed to be the Maud S.,
Geneva, or Dora Sieward—two of these three—though this is not posi-
tively known. The owners of the Marvin and Sayward were amongst
the happiest men in Victoria yesterday when they learned that their
smart little craft were at the entrance to the harbor.

{Extract from the London Standard of September 10, 1892.]
THE CAPTURED SEALERS.
[From our correspondent.]

OTTAWA, Friday night.
The minister of marine is preparing a case to submit to the British
Government relative to the seizure of Canadian sealers by the Russian
cruisers off Copper Island. He says the seizures were made, not in
Bering Sea, but in the North Pacific, and that they are most glaring
violations of the treaty between Russia and Great Britain in 1888 (sie).

[From the London Financial Times, of September 15, 1892.]
THE SEIZURE OF SEALERS BY RUSSIANS.

VICTORIA, BRITISH COLUMBIA, 13th September.

A comparison of the statements made by the captain of the Russian
cruiser which seized a number of Canadian sealers in the Northern
Pacific and the regular charts prepared by the agents of the marine
department shows that the schooner Willie McGowan was 424 miles
from the nearest land when seized. The Rosie Olsen also appears to
have been 38 miles and the Ariel 30 miles out at sea. The sealer Agnes
Macdonald arrived here to-day and reports that when 20 or 30 miles
from Copper Island she put out her boats, which were, however, soon
driven in by the Russians. The Vancouver Belle and other vessels
have been seized, all they contained being confiscated. The Russians
are said to have declared that they would seize the British schooners
wherever they found them, no matter what distance from the shore.
The sealer Libbie will probably make a trip to the Southern Pacific.—
Reuter.

[Extract from dispatch of United States Consul Myers to the Assistant Secretary of State, dated
Victoria, October 8, 1892.]

The British vessels reported as seized by the Russians off Copper
Island are the Carmelite, Willie McGowan, Rosie Olsen, Vancouver Belle,
Ariel, and Maria.

OF AMERICAN AND BRITISH VESSELS. 203

Letter from Collector Milne, of Victoria, to the Canadian minister of
marine and fisheries.

[Published in the London Times of November 11, 1892.]

VicroriA, B. C., October 8, 1892.
The COLLECTOR OF CUSTOMS, Victoria, B. C.:

Str: As requested by you, we have measured the distance on the
chart of Bering Sea, as given by you, showing the exact places where
the three British schooners were seized by the Russian cruiser Zabiaka
and the Russian Fur Company’s steamer Kotik.

Schooner Willie McGowan, latitude 50° 50’ N., longitude 167° 50’ E., a
distance of 424 miles from Copper Island, the nearest land.

Schooner Rosic Olsen, latitude 54° 24’ N., longitude 165° 40’ E., a dis-
tance of 38 miles from Bering Island, the nearest land.

Schooner Ariel, latitude 54° 10’ N., longitude 167° 40’ E., a distance
of 30 miles from,Copper Island, the nearest land.

Yours, respectfully,
JAMES GAUDIN.
J. G. Cox.

Sworn statement of Captain Furman, of the schooner C. H. White, seized
by the Russian Government in 1892.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

LAWRENCE MAGNUS FURMAN, being duly sworn, deposes and says.
as follows, to wit:

My full name is Lawrence Magnus Furman; I am 37 years of age;
1 was born in the city of Gottenburg, Sweden; I am
now a resident, and at all the times when the events
took place in regard to which I make this affidavit I was a resident of
the city and county of San Francisco, State of California; I am now and
at all the times when the events took place in regard to which I make
this affidavit I was by occupation a master mariner; I have an interest
in the claim of the Eagle Fishing Company against the Russian Gov-
ernment, to support which claim I make this affidavit; that interest is
as follews: I own one share of the capital stock of the Eagle Fishing
Company, and am a director thereof; I have no contingent interest in
said claim other than should said HKagle Fishing Company recover
damages, I will receive a dividend of the amount recovered as owner
of said share of stock. There are fifteen hundred shares of the stock
of said corporation now in force. Iam not the agent or attorney for
the said claimant, or for any persen having an interest in said claim.
lam a duly naturalized citizen of the United States of America, but
I can not now produce a certified copy of the record of my said natu-
ralization but will hereafter produce the same if necessary.

I was on the 7th day of May, A. D. 1892, the duly acting and quali-
fied master of the American schooner C. H. White, be-
longing to said Eagle Fishing Company, which said, Sev}z/.pf schooner
vessel on said day duly cleared from said port of San
Francisco for a hunting and fishing voyage in the North Pacific Ocean,
having at the time all the necessary and requisite legal papers on board,

Occupation.

ro)

as will more fully and at large appear by the memorial and papers on file

204 SEIZURES BY.RUSSIA IN 1892

herein. On said day I as master, as aforesaid, did in and with said
schooner set sail and depart from the said port of San Francisco, bound
for the North Pacific Ocean, said vessel being at that time, and at all the
times hereinafter mentioned, seaworthy and in all respects fit for the
voyage which it took as herein mentioned; I proceeded with said ves-
sel and crew on my voyage without disaster of any kind until the 15th
day of July, A. D. 1892, and prior to said day and in the open Pacific
Ocean, more than 30 miles south of the Aleutian Islands, and not in
Russian waters, had caught eight barrels of mackerel and one ton of
codfish, and had killed twenty seals, all of which were caught and killed
on the voyage from San Francisco and more than 30 miles south of the
Aleutian Islands, and notin Russian waters; I, with said vessel and crew,
on or about the 12th day of July, A. D. 1892, being then fishing about
40 miles south of Agattou Island, one of the Aleutian Islands, set
sail for the Kuril Islands off the coast of Japan, intending to fish there,
and knowing that my chronometer was out, wanted to sight land to
correct the chronometer, and accordingly deviated toward the Copper
and Bering islands for the purpose of sighting them, or one of them,
and correcting my chronometer, as aforesaid, and on the 15th day of
July, arrived at latitude 54° 18’ north, longitude 167° 19’ east, by cor-
rect observation, and had not fished or sealed in said place, nor at
any place within 50 miles thereof, or in Russian waters at all, and the
wind being light, but the vessel sailing on its course, as aforesaid, and
no boats being out from said vessel, either for hunting or fishing, and
no one from said vessel being either hunting or fishing.
Said latitude 54° 18’ north, longitude 167° 19’ east is, by correct ob-
servation measured by me, on the United States Coast
Seizure of schooner. Survey Chart, No. 900, more than 80 miles from Cop-
per or Bering islands on the high seas, and not in
Russian waters; when at said time, and in the latitude and longitude
above mentioned, on the 15th day of July, A. D. 1892, as aforesaid, and
not being at the time hunting or fishing, and not having at any time
fished or hunted seals in Russian waters, but being at said time on my
course for the Kuril Islands, as aforesaid, the said schooner was boarded
by an officer from the Russian war cruiser Zabiaca, which said war
cruiser Zabiaca was at all times herein mentioned, a regularly commis-
sioned war cruiser belonging to the Russian Government, armed for
offensive and defensive warfare, and acting under the authority and by
the directions of the said Russian Government; and I was by said Rus-
sian officer ordered to comeon board of said cruiser with all the schooner’s
papers; I accordingly went on board, and the captain of said cruiser,
after examining the schooner’s papers, arrested me, and then had all
the crew of said schooner, except the mate, brought on board of said
cruiser, and I and the crew of the schooner were kept
mo cutrences follow- on said cruiser aS prisoners. The said Russian cruiser
i then and there seized said schooner C. H. White, and
towed it to Nichelovsly Bay, Bering Island, and then placed said
schooner under a prize crew and sent it to Petropaulovsky, and the
cruiser, with me and the crew of said schooner as prisoners, sailed to
Petropaulovsky and arrived there on the 20th day of July, A. D. 1892;
and while on board of said cruiser, I was by the captain of said cruiser
forced to sign a paper in Russian, which I did not understand, the said
captain threatening to send me to Siberia unless I signed said paper,
and I only signed said paper under protest in consequence of said threat
and the duress exercised by said captain of said cruiser.
The Russian Government seized said schooner C. H. White, as herein-

OF AMERICAN AND BRITISH VESSELS. 205

before set forth, but I do not know what disposition was made of said
schooner, but I am advised and believe and therefore allege, that said
schooner was repainted and refitted and used by said Russian Govern-
ment, and is now in its possession, and by it used.

I, as master of said schooner C. H. White, duly protested at the time
to the captain of the said war cruiser against the seiz-
ure of said vessel, and against all his other acts herein
testified in regard to, and on the 5th day of August, A. D. 1892, I, as
master, duly noted a protest against said seizure and said acts with the
governor of Petropaulovsky, and I, as said master, on the 31st day of
August, A. D.1892, duly made a regular marine protest against said
seizure to James G. Swan, a notary public in and for Port Townsend,
State of Washington, United States of America, immediately upon my
arrival at said city, and said city being the first place in the United
States at which I arrived. ;

Protest.

LAWRENCE M, FuRMAN.

Subscribed and sworn to by the said Lawrence M. Furman, known
by me to be a credible witness, before me this 3rd day of November,
A. D. 1892.

HARRY J. LASK,

Notary Public in and for the City and County of San Francisco, State
of California,

‘
Go

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i)

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sl
—-

2
*

OFFICIAL REPORTS.

REPORTS OF CAPTAIN HOOPER.

Orders to Captain Hooper.

U.S. S. YorxKrown, Third Rate,
Unalaska, July 18, 1892.
Captain C. L. Hooprr, U.S. Revenue Marine,
Commanding U. S. Revenue Cutter Corwin:

Sir: When you have filled up with coal, and the vessel under your
command is in all respects ready for sea, you will proceed to the Prib-
ilof Islands, and having communicated with the Treasury agents, and
received on board Professor Townsend, you will run on radiating lines
from that island in order to obtain the information requested in the
inclosed communication, addressed to Captain Tanner, of the U.S. Fish
Commission steamer Albatross.

You will run the first line directly west from St. Paul and continued ,
on that line until you are satisfied that you have passed the outer limit
of the seal herd; you will then steam south until the island bears east
by north, when you will head directly for it and continue your course
until you reach it. Continue this work until you run out ona south
course. You will then reverse this operation and follow the compass
around until you reach the north point.

Continue cruising in this way until it is necessary for you to return
to Unalaska for coal. When recoaled resume this work and continue
it until you receive further instructions.

You will consider this duty as in addition to your work as a cruising
vessel, and you will use your utmost endeavor to obtain the information
required.

If at any time you have reason to suspect that sealing vessels are
about drop all other work and capture them.

You will receive from the Fish Commission steamer Albatross such
portion of her sealing outfit as you may require.

Very respectfully,
R. D. EVANS,
Commander U. 8. Navy,
Commanding U. 8. Naval Force in Bering Sea.
207

208 OFFICIAL REPORTS.

Report of Captain Hooper, dated August 17, 1892,

REVENUE MARINE STEAMER CORWIN,
Port of Unalaska, August 17, 1892.
Commander R. D. Evans, U.S. N.,
U.S. 8S. Yorktown, Com’d’g. U. 8. Naval Force in Bering Sea:

Str: I have the honor to submit the following account of the move-
ment of this vessel since July 23d, upon which date we entered, in
obedience to your orders, dated J uly 19th, 1892, upon the unfinished
duties assigned to the U.S. Revenue steamer Albatross, that vessel
having been ordered home on account of a defective boiler. The delay
in the Corwin’s departure upon this duty was due to a short trip made
to the vicinity of False Pass, in obedience to your verbal orders to pro-
ceed to and guard False Pass until the arrival of the Yorktown.

At4p.m., July 23d, having made all preparations for a cruise, we
hauled away "from the wharf at Dutch Harbor, and taking the American
bark General Fairchild in tow, steamed out of the harbor. Gave the
bark an offing of about 10 miles; cast off and steered for St. George
Island in a thick fog. At daylight on the following morning (24th), fog
thinning out a little, made sail and stationed a seal lookout; wind
increasing to a strong breeze. At meridian passed American whaling
brig Francis A. Barker. Too rough to board her. At 3:15 p. m., fog
very thick and sea rough, vessel, by reckoning, 22 miles from St. George,
took in flying jib and topsail, and stopped engine; sounded in 50 fathoms

water, sounding every haif hour, water shoaling gradually to 34 fathoms,
when, the fog thinning a little, we caught sight of a small patch of sun
and a minute later the land came in sight close aboard and we were able
to recognize Sea Lion Point, near the east end of St. George. At 7:30
p.m. came to anchor off the village; too rough to communicate with the
shore. The North American Commercial Company’s steamer Bertha
came in and anchored a few minutes later. She reported seeing a
schooner off Sea Lion Rocks, St. Pauls, as she came away from the
island. During the day scattering seals were seen increasing in num
bers as we approached the island.

July 25, at la.m., we got under way from St. George and went over to
St. Paul, where we arrived and “came to” oft east anchorage at 6 a. m.,
weather thick, wind moderate from the west; saw scattering seals on
the passage between the islands. Sent an officer on shore to communi-
cate with Beet, At 7 officer returned and reported the U. 8S. 8. York-
town at anchor 2 miles off South West Bay. Got under way and went
around to South West Bay, anchored near the Yorktown, and reported
to you in person. The sea being too rough to admit of landing, both
vessels changed position to east anchorage, where the landing was very
- good. Incompany with you a part of the day was spent on the island.
In the evening the U.S.S. Adams came in and anchored for a short
time. After communicating with the flagship and sending some mail
for the island on board the Corwin she got under way and steamed to
the southwest.

July 26, wind southwest with tog; sent on shore the mail for the
island left by the Adams and landed Mr. Townsend, who wished to con-
tinue his observations upon the seals on shore for a few days.

At your request I sent the seal-hunter, Hodgson, on board the York-
town that he might be taken to Unalaska to identify Hanson, the mas-
ter of the seized schooner Winifred, as the same man who when in
charge of the schooners Adele and Be srealis had raided the seal islands.
At 114. m. got under way and steamed over to St. George; arrived

REPORT OF CAPT. HOOPER, DATED AUGUST 17, 1892. 209

and came to anchor off the village at 3:20; found the North American
Commercial Company’s steamer Bertha at anchor. Wind fresh south-
west, sea rough; could not make a landing; seals playing around the
vessel, but not numerous. Saw no seals between the islands five
miles from either.

On the 27th we lay at anchor off the settlement all day. Wind south-
west and overcast. Sea going down. Landed and communicated with the
Treasury agent in charge. LI observed a decided fall-
ing off in the number of seals on the rookeries on the
north side of the island as compared with last year. I also observed
a falling off of the number of seals in the water in the vicinity of both
islands as compared with last year. This is particularly noticeable
when going back and forth in the boats between the vessel and the
shore, the numbers having fallen off greatly. At11la.m., the U.S.S.,
Adams came in and anchored off the village, and two hours later the
Mohican stood in; stopped off the anchorage and sent mail for the
island on board the Adams, after which she proceeded in the direction
of St. Paul. One fur-seal was shot from the vessel for examination.
It proved to be a three-year old male with an empty stomach. The pelt
was salted (Catalogue No. 1). ‘Towards evening weather improving.
At midnight got under way and steamed to the northward.

At 6 a. m. (28th) hauled in for St. Paul. At 8 made Northeast Point.
Steamed along the north side of the island. Saw numerous seals in the
water off Northeast Point rookery; 11:30 arrived off the village, east
anchorage, and came to anchor. The Mohican got under way as we
arrived and steamed to the westward. Landed and communicated
with Treasury agent. Naturalist Townsend returned to the vessel.
We also took on board an Aleut to hunt during the absence of our reg-
wlar hunter. At5:30 p.m. the Adams arrived and came to anchor near
us; made an official visit to her. At8p.m. got under way and steamed
to the westward during the night.

At 9 a. m. the following morning, lat. 51-21 N., long. 172-35 W.
(July 29th), stopped the vessel and lowered the otter boat and sent out
hunting party. The boat, being so badly fitted that she would do
nothing under sail, was called alongside again and hoisted up. The
day was spent in ‘getting the boat “properly fitted. The step of the
mast was changed, the mainsail altered and a jib made, oars properly
fitted, etc. In order to_make our sealing outfit as efficient as possible,
a good man was selected from each watch to act as boat steerer and
boat puller. They were relieved from night watch, and when not in
the boat are required to keep a seal lookout on the bridge in turn
every two hours from 5:30 in the morning until § p. m.

At one p. m., lat. 57-27 N., long. 173-32 W., sent the dingy out with
the Aleut hunter with orders to cruise till5 p.m. At the time named
she returned with nothing. They reported having seen but two seals,
both traveling and moving too quick to be shot. No sleeping seals
were seen during the day. Between 6 and 8 p. m., 120 to 135 miles off
St. Paul, numerous seals were seen—yearlings, two- year olds, and full-
grown seals; also saw a ‘large number of “killers” (Orca).

July 50th, ‘light southerly wind and overcast. At 3 a.m., having run
up a distance of 200 miles from St. Paul, ran south until 8:20 a. m.,
when St. Paul bearing E. by N., shaped course for it and made fore
and aft sail. At 10 a. m., moderately southerly breeze, made all sail
and uncoupled propeller. Seals were seen at intervals durin ¢ the day,
but few sleeping, the sea being probably too rough for them to sleep
ae At4p.m., wind falling light, coupled up , propeller, sea going

own.

12 364——14

Decrease in seals.

210 OFFICIAL REPORTS.

July 31, at daylight, lat. 57-07 N., long. 172-09 W., seals quite nu-
merous, but not sleeping. Sent otter boat out, but she returned at
breakfast time with nothing. After breakfast sent otter boat out, Nat-
uralist Townsend volunteering to act as hunter in place of the Aleut
hunter, who on account of inflammation of one eye could not shoot.

Also sent dingy with quartermaster to act as hunter.

enetls caught and Hach got one seal, a three-year-old male (Cat. No. 2),

and a female of the same age with milk (Cat. No. 3).
The latter was sleeping near the vessel and was easily approached and
shot. Several shots were fired at playing seals and a few at sleepers, but
only the two were taken. At1p.m., after taking up the boats, shaped
a course for St. Paul Island. Wind moderate, thick fog shut down.
About 4 p. m., Jat. 57-07 N., long. 171-46 W., a three-year-old male
seal which came up near the vessel was shot and killed (Cat. No. 4).
The three seals taken this day were prepared for mounting, and the
uterus and udder of the female preserved in alcohol. The stomach of
No. 2 was entirely empty; that of No. 3 containing the bones of some
small fish. In the stomach of No. 4 was found only two small shells,
each containing a tiny hermit crab.

At 7:30 p. m., cali and thick, came to with a kedge in 40 fathoms of
water in order to maintain our position during the night. Found a
slight easterly current.. August 1 commences with light easterly airs
and thick fog. At 7:30 a.m. hove up kedge and steamed in slowly
toward Otter Island, which by account bore ENE., distant 10 miles.
At 8:30 Otter Island, by account bearing ENE. 4 miles distant, lead
indicating that we were somewhat nearer; fog very dense with no in-
dication of clearing, shaped course WSW. and steamed ahead. Saw
seals more or less numerous during the day, but fog too thick to attempt
hunting. Some came near enough to shoot from the vessel. Day ended
with thick fog.

August 20nWSW.course. Toward morning fog thinned outa little.
At 8 a. m., lat. 56-43 N., long. 175-46 W., calm and overcast. Seals
numerous. Stopped engine and sent out boats. The otter boat in charge
of a quartermaster, and dingy in charge of Naturalist Townsend, who
volunteered to go, the Aleut hunter being still troubled with an in-
flamed eye.

At meridian picked up boats, the dingy having two seals—one two-

year-old female (Cat. No. 5) and a three-year-old male

ergs Causht and (Oat. No. 6). Two seals were shot and killed from the
dingy and sank immediateiy. The uterus of No. 5 was

preserved in alcohol; the stomach contained codfish. The stomach of
No. 6 contained fish scales and a squidbeak. The skin of each was
prepared for mounting. Mr. Townsend in the otter boat had sue-
ceeded in taking 3 seals, one cow with milk (Cat. No. 7), a two-year-old
male (Cat. No. 8), and a full-grown male, probably five or six years old
(Cat. No. 9). Four seals escaped after being shot and wounded. The
uterus of the cow (No. 7) was preserved in alcohol and the skin of each
prepared for mounting. The stomach of No. 7 was empty. The
stomach of No. 8 contained squid and that of No. 9 squid and codfish.

After running to the westward about two hours, lat. 56-45 N., long.
175-58 W., the boats were again sent out hunting and returned about
5:30, the dingy with one seal, a cow with milk (Cat. No. 10) with its
stomach filled with codfish and squid. Two seals shot and killed from
: dingy sank immediately. The otter boat brought four
seals, two virgin females with empty stomachs (Cat.
11 and 12), and two females with milk (Cat. 13 and 14), The stomach

Same subject.

:

j

REPORT OF CAPT. HOOPER, DATED AUGUST 17, 189%. 211

of No. 13 contained fish (pollock), and that of No. 14 was empty. The
skin of each was prepared for mounting. After taking up the boats
steamed ahead 8S. by E. 1-4 E. until 11:15 p. m., when a course was
shaped NE. by E. for St. Paul Island, distant 200 miles. Numerous
seals were in sight all day. Weather calm and overcast.

August 3, steering for St. Paul Island; wind light, sea smooth; over-
cast and occasional fog banks. Numerous seals were seen during the
morning watch. At 8:30, lat. 36-29 N., long. 175-38 W., sent out otter
boat in charge of Quartermaster Busse. Mr. Townsend volunteered to
go in the dingy. At 11:30 called boats alongside. Mr. Townsend
brought back two seals, a four-year-old male (Cat. No. 15) and a cow
with milk (Cat. No. 16), the stomach of each containing fish, probably
cod. Two shot from the dingy escaped wounded. The otter boat
brought back one seal, a two-year-old male (Cat. No. 17), contents of
stomach not identified. At 9 p. m., stopped engine for the night on ac-
count of fog. August 4th, thick fog all day. Working toward the land,
sounding at intervals. Soundings decreased from 60 to 45 fathoms:
unable to make out anything. Seals scant during the day, but more
plentiful towards evening. At 8 p.m. “came to” in 40 fathoms of
water with kedge and 80 fathoms of hawser. Calm and smooth sea,
fog very thick.

August 5th, at 3:30 a.m., alight NE. wind sprang up and thinned out
the fog a little. Made St. Paul Island, NW. Cape, bearing ESE. distant
about six miles; got under way and steamed to anchorage off village.
Communicated with Treasury agent in charge. At10left for Unalaska
to coalup. At 10:30'stopped to communicate with the Rush and re-
ceived from her our own hunter, who had been sent back by you from
Unalaska. Wind fresh NE. At 3:30 passed St. George Island; did not
stop. Ordered full speed at starting in order to get to Unalaska, coal
up, and get to sea the following evening if possible. August 6th, made
Cape Cheerful in a fog about 11 a.m. and at 2 p.m. entered the harbor,
being too late to coal and get to sea the same evening. Went into the
inner harbor and took on board ships’ stores remaining in the warehouse.
Found in port the British warship Daphne, having in charge the British
sealing schooner Mountain Chief, seized by the Adams for sealing in
Bering Sea. No U.S. vessels were in the port, being all out cruising.
The Adams was seen steaming to the eastward as the Corwin entered
the harbor. There was also in port the schooner Helen, of Seattle, with
a party of prospectors on board bound for Golovin Bay, Norton Sound,
and the American ship Glory of the Seas discharging coal for the North
American Commercial Co., at Dutch Harbor. August 7th we remained at
anchor in the inner harbor all day. Made official visits to the Daphne
and later to the U.S. S. Mohican, which arrived from a cruise about
midday.

August 8th left the inner harbor at 5:30 a. m. and steamed to Dutch
Harbor and hauled alongside the wharf and filled our bunkers from the
coal pile on shore, also filled tanks with fresh water. At4p.m. all
ready for sea, but on account of strong westerly gale which was blow-
ing we did not sail until the following morning.

August 9th, the wind having moderated, we left the wharf at Dutch
Harbor and steamed to sea. At6:30 passed Wislow, steered west, and
continued on that course till 4 p.m., when the course was changed to
northwest. Seals scant. during the day; towards evening they ap-
peared a little more numerous, some asleep in the water and. some rest-
ing upon a raft of drift kelp, —

212 OFFICIAL REPORTS.

August 10 commences with light airs and fogs; sea moderating;
during the morning watch quite a number of seals were seen, mostly
traveling and playing. At 8 a.m. shaped course for St. Paul. At 8:45,
lat. 56-32 N., long. 170-10 W. seeing sleeping seals, stopped and sent out

otter boat and dingy. At11 picked up boats with four
creas fausht and seals in otter boat and one seal in dingy, all females

with milk (Ca:. Nos. 18 to 22, inclusive). Nos. 18, 19,
and 21 each had its stomach filled with codfish; the contents of stomach
of No. 22 consisted of fish bones only. The uterus of each was saved
in alcohol and the skin prepared for mounting. At 4 p.m. arrived at
St. Paul and came to anchor off the village cove (SW. side). Com-
municated with Special Agent J. Stanley-Brown. I found the breed-
ing rookeries thinning out very rapidly, the females being away in
search of food. At 4:50 the British steamer Melpomene arrived from a
cruise and landed the British Commissioner Macoun. At 5:30 got
under way and steamed up alongside the west side of the island. At
6:30, two miles of NW. cape, shaped course WNW., took in all sail
and ordered 8-knot speed.

August 11, seals scattering during the forenoon. At meridian, being
about 150 miles WNW. of St. Paul Island and but two seals having
been seen since 9:45 a. m., it was thought that we were beyond the
limit of seals in this direction. Changed course to NE. by N. At2p.
in., Seals appearing more numerous, stopped and lowered the boats.

Sent the hunter out in the otter boat, and Quarter-
ots tet nt master Busse in the dingy. At 4 p. m. called boats

alongside; each had taken two seals, all females
with milk (Cat. 23 to 26, inclusive). The stomachs of 23, 24,
and 25 were filled with codfish, the bones of which were saved.
The stomach of 26 was entirely empty. One seal shot from the
otter boat escaped. The skin of each was prepared for mounting.
After taking up the boats we steamed ahead on a WNW. course, occa-
sional seals being seen until 7 p. m., after which we saw no more. At
10:30 p. m., being 200 miles from St. Paul, and no seals having’ been
seen for several hours, and believing ourselves to be beyond the limit
of seals in this direction, shaped course NE. by N.

August 12th occasional fog banks, wind light and sea smooth. At
5:30, St. Paul being southeast distant 200 miles, shaped course for it;
seals scarce during the day. At 4 p.m., lat. 58-35 N., long. 172-05 W.,
having seen a few sleepers, sent the boat out. At5:30 called the boats
alongside. The otter boat had one seal, a cow with
milk (Cat. No. 28), the stomach containing a small quan-
tity of fish nearly digested. The dingy had taken nothing, but just as
the boats were being hoisted a seal put his head out of the water near
the vessel and was shot and secured. This proved to be a three or four
year old male (Cat. No. 27) with its stomach empty. Both skins were
prepared for mounting. After taking up the boats a course was shaped
for St. Paul Island. At 8 p.m. ordered 6-knot speed for the night;
wind moderated and seasmooth. August 18th, at 6:30 a. m., lat. 57-32
N. long. 170-45 W. stopped engine and sent out boats for an hour. -
The dingy got one seal, a female with milk, and the otter boat none,
Seals were numerous, but the weather was so calm and the sea so smooth
that it was impossible to get near them; on account of long continued
mild weather they were sleeping very lightly.

Atila.m.arrived and came to anchorat Northeast PointSt. Paul Island.
A seal which came up near the vessel was shot and proved to be a three-

Same subject.

REPORT OF CAPT. HOOPER, DATED AUGUST 17, 1892. 2138

year-old male, with an empty stomach. Half an hour later the Ranger
came in and anchored near; sent the hunter out in the otter boat with
instructions to run off 10 miles in a northerly direction and kill a few
seals for examination. During the afternoon, in company with Captain
Nichols, of the Ranger, and Mr. Townsend, naturalist, and 3rd Lieut. John-
ston, of the Corwin, I went on shore to examine the rookery at Northeast
Point. We found the rookeries inhabited largely by

pups and one and two year old seals, the nursing cows Pee Dae
being away from the island searching for food, and many ;

of the old seals having changed from the rocky grounds of the breeding
rookeries to the sandy beaches in the vicinity; many pups were play-
ing in the water, some swimming a short distance away from the shore,
and others remaining near the rocks as if afraid to venture too far
away. Although parts of the breeding rookeries were deserted at this
time, the space occupied by them when all were present is well defined
and, compared with the spaces formerly occupied by them, the limits of
which are still easily defined, shows the great decrease that has taken
place in their numbers.

At 4p. m: the otter boat returned with seven seals.

The nine seals taken this day were numbered as follows: No. 29 and
35, young males; 30, 31, and 33, virgin cows; 32, 34, and 36, nursing
cows; 37, old male. The stomach of each was empty, except No. 35,
which contained a few small stones. The skins were prepared for
mounting for museum specimens.

The hunter reported seeing the carcass of an old bull with a bullet
hole in his head, floating in the water, probably shot by a whaler, as it
is not believed that there are any sealers inthesea. About 5 p. m. got
under way and steamed around to the anchorage off the village SW.
side; on the following morning, August 14th, received on board Special
Agent J. Stanley-Brown and his assistant, Mr. Chichester, and the res-
ident priest, Father Lesnikoff, for transportation to Unalaska. General
Agent Tingle, of the North American Commercial Co., came on board
for transportation to St. George Island. Got under way from St. Paul
at 9a.m., and arrived at St. George at 2 p. m., and remained three
hours, to enable Special Agent J. Stanley-Brown to attend to official
business on shore. At 5 o’clock got under way and steered south;
moderate easterly wind and fine weather.

August 15th, steering in a southerly direction all day; saw numerous
Seals. At 5:30 p.m. passed Bogaslov. At 8 p. m. stopped engine and
hove to for the night.

August 16th, steamed ahead at 3:30 a.m. At 5:30 a. m. entered and
came to anchor in Chernofski Harbor; visited the shore. Special Agent
Stanley-Brown took affidavit of the agent of the Alaska Commercial
Co. and two Aleuts in regard to pelagic sealing. At 8 a.m. got under
way and steamed to Unalaska, arriving at 2 p. m.

The vessel will be coaled without unnecessary delay and proceed to
complete the work assigned to her. In obedience to your order the
skins of the seals taken up to date, with skulls, stomach, contents, etc.,
saved, have been delivered to Special Agent J. Stanley-Brown, who will
forward them to Dr. C. Hart Merriam, care U. S. Fish Commission,
Washington, D. C.

I am, very respectfully, your obedient servant,
C. L. Hooper,
Captain, U. S. I. M,

914 OFFICIAL REPORTS.

DISTRICT OF COLUMBIA,
City of Washington, ss:

©. L. Hooper, being duly sworn, deposes and says:

I am the person who signed the foregoing document, and I know its
contents to be true. The document is an exact transcript from a por-
tion of the log, that is to say. the official record of the voyage of the
revenue steamer Corwin, except that a few clerical errors appearing in
said log have been corrected and a few abbreviations, such as NW.,
SW., &e., written out in full.

C. L. HOOPER,
Captain United States Revenue Marine.

Subscribed and sworn to before me this 13th day of December, 1892.

Report of Captain Hooper, dated September 6, 1892.

REVENUE MARINE STEAMER CoORWIN,
September 6, 1892.
Commander R. D. EVANS,
U.S. 8S. Yorktown, Commanding U. S. Naval Force in Bering Sea:

Str: I have the honor to submit the following account of the move-
ments of this vessel since the date of my last report, August 17.

We completed coaling on the morning of August 19, having filled the
bunkers, and taken 17 tons on deck in sacks. Leaving the coal wharf
at Dutch Harbor we steamed into Unalaska inner harbor, where
Treasury Agent J. Stanley-Brown, his assistant H. Chichester, and
Naturalist C. H. Townsend left the vessel to take passage to Victoria
on the British transport Danube. At2:00 p. m. we gotunder way from
the inner harbor and steamed to sea. At 3:45 stopped to speak Ameri-
can Ship America in answer to a signal. The ship was becalmed and
the master requested that she be towed further out to sea. She being
in a fairly good position for a wind in any direction and in no danger,
and it being important that the Corwin get back to the islands and
carry out the duty assigned her, this request was not complied with.
The following magnetic bearings of prominent points taken at the time
show the position of the vessel: Priest Rock, Kalakta Head NE. x E
4 E. Waterfall, Cape Cheerful SW. x W. 4 W. Ulakta Head SSE.

Proceeded on our course for the islands. Half an hour after a light
SW. wind sprang up and as soon as we opened out past Cape Cheerful
a heavy westerly wind was encountered.

On the 20th wind from NNE. to NW.; weather overcast and at times
foggy; running for St. George Island; scattering seals were seen through-
out the day. At 4 p.m. caught a glimpse of what was supposed to be
land and hauled in NE. for it. At 4:50 hearing breakers, stopped and
sounded in 33 fathoms; fog lifting a few Ininutes later made land near
Dalnoi, and at 6:15 p.m. came to anchor off St. George village in 7
fathoms of water, too rough to land; remained at anchor during the
night. On the 21st, at 4.a.m. got under way for St. Paul Island and
arrived at 9:30. Landed 2nd Lieutenant D. J. Ainsworth to act as
special agent, relieving Special Agent Murray in obedience to orders

REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. wee

from the honorable the Secretary of the Treasury, At 11 a. m. got
under way and stood offshore on a W. by N. course. At 2 p.m. stopped
engine and made fore and aft sail. Sent otter boat and dingy out to
hunt. At 5 p.m. called boats alongside; each boat had taken two
seals, all full grown females, three nursing cows, and
one virgin cow. During the evening seals were plenti-
ful.

August 22d running off on a W. by N. line; sea smooth, wind moder-
ate; but very few seals seen during the morning. At meridian St. Paul
bore about E. x 8.190 miles distant. At 1 p.m. changed course to
WSW.; at 6:30 saw one seal, the only one seen during the day, after 19
o’clock a. m., although a careful lookout was kept at all times. At 8
p. m. St. Paul bearing E. 4 S. distant 260 miles, changed course to
SSW.: wind variable during the night with occasional squalls.

August 22d at 8 a. m., St. Paul Dearing HK. x N. 4 distant 305 miles,
changed course to SSE.; wind westerly, - fresh, and weather squally.
At meridian St. Paul bore ENE. distant 305 miles.

At 10 p. m. St. Paul bore NE. $ distant 285 miles, shaped course for
it. During the sixteen (16) hours of daylight this day the vessel
steamed 146 miles on the track indicated on the chart from lat. 57° 28/
N., long. 179° 13’ W. to lat. 55° 18’ N., long. 178° 39’ W. without seeing
a seal.

August 24th, steering NE. 4 N. for St. Paul Island, at meridian,
200 miles distant; during the forenoon, weather fine, sea moderate;
later in the day, wind NW. fresh and squally, sea making up; took
in light sails and reefed mainsail; saw no seals until 3:40 p. m., then
only a few scattering individuals. During the night wind hauled to
NE., speed fell down to 5 knots.

At 6:45 a.m., August 25th, St. Paul bore NE. $ distant about 50
miles, strong head wind, vessel making but little headway, decided to
make a fair wind of it and run another line off shore.

Accordingly-changed course to SE. and ran 12 miles. At 7, St. Paul
bearing NNE. 4 E. kept away to SSW.; 4 W.; made all square sails;
no seals seen during the morning, running off under all sail before the
wind. At4p.m.having seen no seals during the day, changed course
toeast. At 8 p.m. hauled up to NNE. and later N.x E.4E. Vessels
close hauled on port tack under fore and aft sail. Wind moderated
during the night. At daylight August 26, wind freshened with squalls,
and barometer falling. At8 a.m. kept away for St. George Island,
and about 1 p. m. came to anchor at Garden Cove in 9 fathoms water,
Starboard anchor and 45 fathoms chain. Later in the day wind in-
creased to a fresh gale, veered to 60 fathoms on starboard chain. Scat-
tered seals were seen in the morning watch when about 40 miles from
St. George and during the forenoon as we approached the island, but
only in limited numbers.

We remained at anchor at Garden Cove during the night. Wind
blowing a fresh gale with occasional heavy squalls. At daylight on the
morning of the 27th wind moderating a little, barometer rising, and
weather altogether showing signs of improvement. At 11 a. m., the
gale having abated, we got under way from Garden Cove and steamed
around to the village, but finding the sea still too rough to make a land-
ing at that place, kept on for St. Paul; arrived and came to anchor off
Village Cove at 5 p. m.; found the Rush at anchor, she having arrived
the day previous from & cruise to the eastward.

Female seals taken.

216 OFFICIAL REPORTS.

Sent an officer on shore to communicate with Acting Special Agent
Ainsworth, who reported everything in a satisfactory condition.

Sunday morning, August 28, got under way at 4:30 a.m., and ran off-
shore on a NW. x N. line. Scattering seals were seen during the day
until towards evening, when they disappeared entirely. At 8 p.m.
changed course to E.x N.4 N. At midnight St. Paul bearing S. x E.
distant 120 miles, shaped course for it.

August 29, wind SE. increasing to a fresh gale with a heavy cross
sea, vessel under double reefs, engine stopped, saw a whaling bark to
the northeast, saw no seals until 8:15 a. m. when 70 miles distant from
St. Paul, and only scattering individuals during the day; towards mid-
night wind moderating and hauling to the southward.

August 30, at 1 a.m. steamed ahead under slow-bell on account of
the old SE. sea, which has not yet gone down. Course SE. x E. At
10:30 passed west end of St. Paul inside of Otter Island; no flag up at
either anchorage to indicate that a landing could be made, steamed
ahead for St. George. At 4p. m. arrived and communicated with Spe-
cial Agent Lavender. At 5:30 got under way from St. George and
shaped course for Unalaska. Saw the Rush steaming in towards the
anchorage as we steamed away from the island. At6p. m. passed
east end of St. George, light SW. wind, sea smooth, weather clear and
pleasant; made all sail and ordered full speed in order, if possible, to
reach Unalaska before a change in the weather, the vessel having less
than two days’ steaming coal on board.

During the time the Corwin has been engaged upon the unfinished

Ree ah Re, work of the Albatross, carrying on investigations in
cruise. Investiga. regard to pelagic sealing, she has steamed 4,623 miles,
tions, how carried on. carrying out, aS nearly as wind and weather would
permit, the plan indicated in Department instructions, that of running
radial lines from the seal islands corresponding to each point of the
compass. These lines were extended to a distance of 200 miles, or
until no seals were seen. The track of the vessel while pursuing these
investigations, with the positions in which seals were taken or seen,
and all data collected pertaining thereto, will be found on the accom-
panying chart and tabulated statement. The line run in a west by
. north direction was extended as indicated on the chart in a westerly,
southwesterly, southerly, and southeasterly direction, crossing the lat-
itude of the seal islands at a distance of about 300 miles, and crossing
a line connecting the Pribilof and Commander groups of islands at
about the same distance from the former group, nearly midway.

During the run of 400 miles from Lat. 58° 22’ N., Long. 177° 42’ W.,
to Lat. 55° 38’ N., Long. 174° 23’ W., no seals were observed, although a
careful lookout for them was kept at all times.

Numerous seals having been found in these latitudes at a distance

Sis Vea ge of 300 miles, I infer that the western limitof the range
Alaskan seals. of the Pribilof herd of seals is between two and three
hundred miles from the islands and that the herds
from the Pribilof and Commander groups of islands do
not mingle, but that between the limits of the farthest range of the
two herds there is a zone which is unoccupied by seals, except possibly
a few stray individuals. Seals were taken at all distances from the
islands when sea and weather permitted. Forty-one
(41) in all were taken. Dividing that part of the sea
over which the Corwin cruised into zones of 10, 20, 30, 50, 100, 150 and 200

Herds do not mingle.

Seals taken.

REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. 217

miles, I find the percentage of seals belonging to the different cate-
gories taken in the different zones as follows :

Old | Young | | Nursing Virgin Total.
males. | males.| cows. | cows.

MOANING ZONES: cis case's ccieiai= ot arnle Sata aig ee ie cerenee nae aiaiatelain ie
Percentage zs
Bsc ts ai Soe SAAR Ae Se ose eee ie AAS eee MSc eae
Percentage
MOTUMC AOD NSE ma BEES Gat an Pena sec oe tee
Percentage - - - -
50-mile zone. .-.-
Percentage - -
100-mile zone....
Percentage. -.--
TEAK et See eae SO eae eee CeCe SE ene Beet eee: CARS pice Omen ate
PBrep Mote ere eee ee eaten seen a nanemene cos seees |e sa eee 662
SMe ZOMG s ets ce ena ase ena s elselocioeeia a bob poke fee ake des
JESRi i Ei 35 SSS oe Sob ceed eoe cto as SSS ree aeseesoad| aotee ae 21

2 3 3 9
222 333 333 100

1 8 1

0

1

80 10 100
ASE 1

Barren cows are omitted from the table, nonehaving no barren cows
been found in Bering Sea. found.

Owing to the shortness of the period during which the investigations
have been in progress and to an unfavorable condition of the weather
during the latter part of it, strong winds prevailing nearly all of the
time, only a limited number of seals were taken in some of the zones.
It is interesting to note that more than 50 per cent of
all seals taken were nursing cows, and that a large per- Percentage of nurs-
centage (57 per cent) of nursing cows were taken inthe ~
200-mile zone. The distribution of seals in Bering Sea during the sum-
mer appears to be dependent upon the food supply,
as furnished by the surface squids, and while seals are Distribution of
found at certain localities in greater abundance than
at others, I do not believe their presence is constant, but varies from
time to time, being controlled by the supply of fish.

It will be seen from the tabulated statement that in a majority of
_eases the food found in the seal’s stomach is codfish.

Some of the seals taken by us, in the stomach of which , 70d found in stom-
codfish was found, were in sixteen hundred fathoms of

water when taken, a depth, of course, to which a sealcould not go. I
infer, therefore, that codfish, although: a bottom fish, approaches the sur-
face at times.

From my observations in Bering Sea at this time,
and in the Pacific Ocean earlier in the season, I am con-
vineced that the fur-seal depends chiefly upon fishes taken near the sur-
face of the water and squid for food, notwithstanding the fact that
shells and small rocks are frequently found in the seal’s stomach. These
things arefrequently found in the stomach of the codfish, and it is likely
that they are taken into the seal’s stomach while eating codfish. The
Seals seen in Bering Sea at this time of the year, being chiefly nursing
cows, are extremely tame, sleep a great deal, and can
be readily approached within shooling distance and_, Nursing cowseasily
are easily killed. Bae

The rapidity with which seals sink after being killed appears to de-
pend upon their physical condition—a fat seal floating
more than a lean one; the supply of air in the lungs at
the time of death, and the position of the seal in the water when killed.
As arule the seals we lost by sinking sank immediately or within a

Kind of food.

Sinking of seals.

218 OFFICIAL REPORTS.

minute of the time they were hit. Our total loss by sinking and wound-
ing was 36 per cent. —

During the period -covered by my investigations in Bering Sea no

: gravid cows have been taken nor have any of this

tan’, avid Cows Year’s pups been seen in the water, save along the im-

mediate shores of the rookeries, where they were learn-

ing toswim. Im this connection I have to state that in my judgment

the origin of the erroneous impression that a mother seal sometimes

gives birth to its young in the water is due to the fact

that the young seal grows but little, if any, from the

time it leaves the island in the fall until it appears off the coast of Cal-
ifornia, Oregon, and Washington in the spring.

The long journey from the seal islands to the coast of California and
northward to theStraits of Fuca (the location of the origin of the theory
that seal pups are born at sea) is undoubtedly a hard one for the young
seal, and during the long swim of over 3,000 miles he grows but little,
if any; loses much of the baby fat that itstarted with, and arrives off the
coast of Washington and Vancouver Island instead of a round, fat,
rather clumsy looking animal with a black coat, a slim, graceful little
fellow of adark-gray color, full of life and activity,and actually appear-
ing smaller and weighing less than when it left the seal islands. One
taken by the Corwinoff Vancouver Islandin Aprillast, which appeared in
no wise different from hundreds of others seen by us, weighed, as taken
from the water, but 14 pounds.

In view of this, no wonder that the pilots and even the Indians in
the vicinity of the Straits of Fuca mistook them for newly-born pups.
To these people, never having seen the newly-born pups, which are not
found on the coast of California, Washington, British Columbia, or
Alaska, except upon the Pribilof Islands, the change in color which
would at once indicate to a person familiar with the subject that they
were “last year’s pups” would be unnoticed. In myjudgment this theory,
which was readily adopted by interested parties, had its origin in this
simple and somewhatnatural mistake of afew ignorant people. I find in |
general, as one of the results of my investigations, that
more than two-thirds of the seals taken are cows now
having young or capable of bearing them at no distant day; that it is
impossible to discriminate as to age or sex of seals while in the water,
except in the case of young pups and old bulls; that even under the
most favorable conditions a large percentage is lost by sinking or wound-
ing, and that by reason of the tameness of the nursing cows, which
form the larger part of the seals seen, pelagic hunting in Bering Sea is
peculiarly destructive and unless stopped will wholly exterminate the
already greatly depleted herds.

I do not believe that it is possible to indicate any zonal limit in Ber-

: ing Sea beyond which pelagic sealing could be carried

mnewiicetion by zone on, and at the same time preserve the seals from com-

; plete annihilation. Further, I wish to renew a state-

ment contained in a former report made to the honorable Secretary of

the Treasury, that unless supplemented with protec-

ume Pacific tion in the Pacific Ocean no amount of protection in
; Bering Sea will preserve the herds.

We arrived at Unalaska on the evening of August 31. Since leay-
ing San Francisco on March 9 the Corwin has steamed
16,200°miles, and 8,713 miles since the date of my re-
porting for duty as part of the Bering Sea fleet. Of this distance 5,567

Pelagic birth.

Pelagic sealing.

Distance traversed.

eer Sst epetneemnen
WT SHINGO Soa. Saaeae ae a Sa SSeS ee eS SSE ered é3
2 Cit aes 2 AE ne REE Be ee Rene ee bk eas, 0 ef sk 4
2 | 56° 45/ N., 175° 58’ W ........--------. cu ee 0 “ ud
De le SOMO) Scteeata cole woratere iets wale ol cla slate sae a)5.s1are We eOnED 0 Us Lt 2
PMS CTI es Bee wee Ieee em ame, a ene eS BEcee 0 ce ES 4
Bal (Sons Cee sO SReCOO REECE EDO Ep AEe OPES OP Ree 0 ct - é
Dai SAIN OM rato et oom a asada severe ciate CO ESSE 0 ce ss
Aires os) oGc-29 ON liso po. Wessaecaeasorce ss West ...-- 1 vt or 4
Bh AMBIN Oat miaiecinacmiste Gee cise oii sic nacia ans ea 1 ce ee E
SIP SANG) Sassee tones conenas Hesaue ce emeswed Se eee 1 Ub ae 3
Aug. 4/ Near St. Paul Island, befogged...-.-.. Calmys=s-: 0 t HO ses -5-
Bi BGS SHUN 0S Bi Wires. occu ac scl NNE ..... 3 fn) Cum. str.
6 | Cape Cheerful, SxE.1 mile.-...-...... NUH 325235 2 t Namie:
1 || WIGS) ccateec cede sherenecesenence i 3 to f | Cum. nim
|| SETS) Gost cote shon aon nee ce enor ene see 3 ji ES
9 | 54°17! N., 167° 38’ W 2 t ENGI) = ga
10 | 56° 32/ N., 170° 10’ W 1 t Hap oS.
LOG SSIM Of ose Aaeee sina eee se ono nce eco oe 1 Oe Le ee
TO Samer sa nceeas. Se cec as ee soe woe case 1 ne Oe aS crete =
TASER sen ee pote Pee Heese tore EEEnc 1 cb SON 5054
TOM) Same ste aa cee os a ceelate ace wie ae scee'e 1 Le LAE ae
Aug. 11 | 58° 58’ N., 173° 44’ W 1 0 Cum. nin
PEPE PSS OF oes Salar ata aaa cto ora las atl Pare ra Sint’ 1 cs fs
Mile Sam Gherce scenic seas cccdeotosGeeades 1 us ae
MTG SARIN Oh temas ate eietela eee atciaeee a aaals ed 1 “ ‘t
Aca se T2580) Saf Ne. I 2° BLOW sna n2 a5 acSseae as oe 2 ue Cum. str
DOI POAMIETs Sao acecew ania aa aee aie see 2 ue te
Aug. 13 | 57° 32! N., 170° 45’ W 2 Mt) Cum. nin
Ley POTS 22 Ni BROS GM Wrsa-5 nome soeuee ake 2 Me ce
3p SaAMOlemes soeitea asec dais yack ceceecas alee 2 ok a
MSh|SAMG)S aes soos cee ac-asoeccee Sauk eee 2 fs i
RAIN Getta cot ate ate sown yolcieirein seen seo 2 Lt be
. Stl) Sameven ves ook SES ob eae ee 2 a ce
Se | aT Oras soe ona ceae a ceeraians 3 eeatatey arate 2 Mt ot
TSo iy PAINE) 2 <asss\le sitet cays od ncne Meaeese S 2 ce fe
Doe |h SAMO ano sata eae sana ce ace a la 2 a HE
Aug. 14 | DalnoiPt., St. George, SxE.}E.8miles| SE..-....-.. 3 “4
DD ROA OL DOM NE GRO bO/Wise- same tee ce es oe er seeice 1 ut Cum. str
16 | Cape Makuskin S. 3 W.10 miles-...--. oe aa 1-3 Cir. cum
ip MU Malaka toes scons seed veces pees eee ae 3 cs Cum. str
PSSM SaMGEl'- 5 asec scence senses Sauces sess Se Sn 4-6 t Cum. niu
AGH SAME osteo he ehoe tacks tasse tale aoe Ware Sask 13 f | Cum. str
20nPaoo: OF NG, IGSOUW asses ooo cee kone NNW... 3-4 & inhi ehee
Pe Dd OEE IN OSB! Wate occa seine aieeicae ie SW 42 1 0 Cum. str
ZIV WSAME\ sce sea meee A Ee AEE EHR Ce Ce a Beare, 1 vg ee
Pie SANG! Soe cain, acta e saat Saleen ene aiataiele Ub eee 1 Ch WU
Dip SAME) ss saaalmse coco = sees ce ad eee eee fe Peo eas 1 ce Ho
Aug. 22 | 58° 35/ N., 175° 42' W 5 if Cir. cum
23 | 56° 25/ N., 179° 36’, W 5-6 t Cum. nin
24 | 55° 20’ N., 175° 12) W 3 fA Cir. cum
25 | 55° 50’ N., 172° 23’ W 4 ae Ke
26 | 56° 32/ N., 169° 45’ W 5-6 i) Cum. nin
Aime St Geareenitden- mea ee onanccns cee somee 2 fis peamy ===.
Zep Rose DUNO SLOW wean aw cceccie coals 3 cf Cum. nin
AO OBO ING EROS SDN). 5 a. Sool icc econo} y 8 t Cum. nip
30 | Dalnoi Pt. SE., Otter I., W.4S..-..-.-- Westerly 2 uf $8
SLi 549: 2OGNin LGOO AGW. cats cinisccrsewacecice DWaretereichcts 3 ¢ Cir. cum
o Overcast. t Thick. f Fair.

Nors.—It is not intended to indicate by this schedule that the attempt was made
the conditions were favorable and effort was directed chiefly to determining the ran;

I certify that all data contained in this statement are correct and true to the bes

12364——-To face page 219.

_— r
nea d
a 0

- a

[Inclosure No. 1 in report of September 6, 1892.]

\?

STATEMENT OF SEALS TAKEN BY THE U. 8. REVENUE STEAMER CORWIN IN BERING SEA FROM JULY 24 TO SEPTEMBER 1, 1892.

* Meteorology. Seals taken. rs g Lost by sinking. Stomach.
, = SE eee eae
= So o oS =.
Mppeaone - A é 4 Ee 2 2
& i : ali s
Date. Position. ; d Fe Et Pei 3 ate ee Z 3 is 5 28 = i Remarks.
Wind. Ps Clouds a aa B12] 8 | | a $|8s F A z rae = 5 Category. I el Contents
ere : oe nec FI S =2 SS} ol Bl alata a. | S| Saleem Sell ae
: £13 Bleigis/a] = |glel2\ajsl6|2| &.) 2/8 |e )es) > Bld
5 @ | wa 4 x QD °
: & E Q Alelal a 4 DIOIAIHIA Ale isa) 4 EA a= & & &
a
July 24 | 56°6°N., 1080 66 W ssw de ee 1 29.86 | 52 | 51 | 46 :
u 1) L6BO DB! W -2eennenecen--cn--| SSW ----- Og ------' . | Re AS A eens
Pgs ai Panl island .......--.- 0. phate 8 Bl eo) See aad 29.80 | 47 | 47 | 42 ‘Tyok np oaks,
26 | 56°58! N., 17095’ W ...---......-- Berta tar 3 Ss WOR ee -ne~ 29.56 46 | 46 | 44 RO i hag
27 | St. a Id., Bering Sea BSE eee 2 e | Cir.cum 29.76 | 52 | 51 | 44 13 The akins
CB Soe MUL SIAN Oso. cine.on- swisce on <inn i) See 2 Jf | Cum.str..| 29.85 51 | 50} 44 Took no seal.
29.) 57°28" N., 1789 18! W ..........--.---- WW...) 2) | 6 uw 2.| 80.17 | 56 | 54 | 48 bok. no sea
BO! S72 1BUN., L7BCABIW .- 2. ence ew nc one SSiie.o.. 3 “ « —..| 30.36 | 50 | 49 | 48 [
81 | Lat. 57° 7’ N., Lo. 171° 46’ W.......-.. South..... 1 o | Cum. nim.} 30.46 | 52 | 51 | 48 From this date all skins prepared for
mounting.
31 ame 1 a) AS 30.46 | 52 | 51 | 48 a GOS eee 3 eclecwelens pe = = hea | Eee tle Pen oe Ree =). 5 oe Se eee + | Small fish bones (saved aved uti
31 | 57° 6 N., 170° 50’ W 0 t WOR ss seuss 30.46 | 52 | 51 | 48 a oD eee cE ery i Ce ee a a PS as Ww Ch seer ne. Ae | a aa as +42 ant shells; heen Savoh tran and maden,
crab in one.
Aug. 1 | 57°1/N., 171° 30’ W... 2 tA cheer BONAB)| be) (bd. 48) Pee Se cele fe 3| Pregl sa Ve'nie|einic| Seaa| Seen es Meee: | eee eee ee oe eek wee. | toe hers a ooleno'wenle,
2 | 56° 43’ N., 175° 46" W 0 Cum. str..| 30.46 | 59 | 58/50] S | Yes..... Bill ee | ecelem [eee Gudishese*- sass Saved uterus.
2 | Same 0 ue Bi AAR Ar Seer |e fare | coat eatin |e Fie (i ec se lal SES Fish scales and squid
beak.
2| Same 0 as MS ad Va Boeri Ree eres) Uh me lene a ieee DN Gas Reese ec] ete | aR Eee louie Wel ata ioe eS Ae ee Saved uterus.
2 | Same 0 se HEDY at clo CP ee |e RR (a= Aa f rh |e eee eee
2 | Same 0 A fo Seene a ees es Ua Bee bm Ae Codfish and squid ....
2 | 56° 45’ N., 175° 58’ W 0 ag Oy ees 0) eee al a) 1! Codfish and squid ....
2 | Same 0 ma
2 | Same ..-. 0
2 | Same... 0
' 2 | Same 0
Aug. 3 | 56° 29'/N 1 4 years old; shot twice.
3 | Same 1 Shot twice.
fhe | SISO ee eae a Se ee See ee Se ees late 1 2 years old.
Aug. 4 | Near St. Paul Island, befogged. Calm ..... 0 Took no seals.
5) |) 56S 67 N., L70S' BW... wwe ane a NEES ete, oe 3 ce We te
6 | Cape Cheerful, SxE. 1 mile. SHIN item ores 2 = KO gag ke
7 | Unalaska- . Wieeraienes 3 2 In port.
ala aes ee ee SIE samen 3 rs ay St
1D) pos AUT. A GTOSBUW ooo new es SW'ly - 2) © @ Nim eee =| 80214 | 52 | 61/48) MM || Novos eos Ssedq bocce disocesel seGema| sec inecl|-en ed ae = i eet CR ee Seen ean meses 2 Took no seals.
DOM pOe aor Nes LCOS LOEW. ocecwcnna cle ne nee Veo Fe Blo geecrcs.|. 029) 9801058) 62) 50"). S). |) Werseae. By etetaxa balateta | SRO UR ane ||) meeioag De re SNM cia nw cee wellewcencll) "| COCNBHisconcacenacanne Uterus saved.
ALD | SERTICS comin o.S Sans ISRO SEE AEE oe ARSE ocala (IRE mal WAR ial il St DIR LR VO) Une eC Sec ST trates | exter amet et (une | eteeorete tall teed etait | a ne Sete scl waalen'| aee)| | fhe gre ecens eee ou ty
Sa eee ee eee ee MAS Tle PRA eRe oe eee cc) eT NEM ee esa | aa IR al IRR Ot ce Se ne ene far mea a ie ee eh ig mp Ls se
DAT) | SUMHID) sty sc ods “Wa ESE eS Sos | ae Seem PSS TES SE || tt es Fe eee (Det (aa a ea Me eo SA eecras |e oe | cee el eng | aera ed eee a Se lc cccice| coca nipetent| Cath 2 ey ee us ae
10 is eae Dele Few pieces fish. . ce ba
Aug. 11 s OO ABE Ac, TE Godiahi ocean
11 Me See roe 1 ae eR | Se ae 2 = I ll eer Oe | . 2] ee es| SRR (st OM) | eI oe
11 Bs OAc 1 ae ec Hin Pe ee We ero [meee el a. = 2 eR ee ae RE Pe Rae
ie 11 “ LT ee 1 Pe Maes) | tal we) fh aie fade 8 ae ee i Leh A] ee 0). a] | | ee ae a
ug. 12 aA ee ee sets | taal cancel fy oa case | eae | econ ai | eet | renee a, MUR ec rer a arava gt eared De eater
ine i ae oe 1 ian arate
ug. 15 “ “ Bote ected ets | pase oe | ete ama eee pee (e Seeem a e | oT |l icee || Sota naw bade acudianeuere
. 13 2 =| i Seo or | esta | eam ni | ee | ear ee eee ee | ee ol cee clea eccieen
13 Alpes ee Se Se Seleocardie Weyl CER sell) OMS lene Salli 3 elke SIL 2 | 0 ee a ee i (a al eee eee
13 : a irene. Ee tal oters | a | rere ee eet | Aetna cn meade e| —) |an-clc na eaa nes ven mnie
13 ¥ Bl ~ 768 Vd ea eee eee ee |e Coen en em) Mawes ye fe ee
13 2 By aml ET: os ae tl. secocec|| oo Seca ete We oll oe A a, Ea ee Delia IN Yano aaa a eee ae
13 2 ee cnn aes au - + Sawelramsswiee=| 8 wal mamimncinlc onelweecec| eedmwaicclenacsesecess(o-----| — | HOW Small stones.....
13 2 rele eel ae ae Tl icoalemeell, aE pel COA alo (6 soe ai 0) ga ng I en RG STH ia 5
13 9 I eae {ee | (esa | «el Ci Lend srllceeot® Ss oC seen cSi Oe) lhe tee SelM ° 7 ie eee Mien (ei | Pea SEE oa ‘ane
Aug. 14 | DalnoiPt., St. George, SxE.}E. 8miles| SE........ 3 ) “ -| 30.32/51 | 50) 48) * Me eae meee le ease Payal etter | eee terete er arene eel ceetatatars ee eee | erate acl . MY | So om onic w<'nan| winin'n-siafaedllecablavesasnesdas seman med No seals tak a,
15 | 54° 20' N., 168° 50’ W........-.-...-..- po =) ile 3) ace Cum. str..| 30.36 | 57 | 55 Bee le see eee natin
16 | Cape Makuskin S. 3 W.10 miles....... SA rc ne'aie 1-3 ir. cum..| 30.44 | 57 | 55 ate icin
aa ag 3 AS Cum. str..| 30.36 | 65 | 63 eels
BI aw wenn cree menace nncnssavancs 4-6 t Cum. nim.| 30.12 | 61 | 58 ~ :
LOY T| ASIST SG Se a 13 | f | Gum.str..| 29.67 | 58 | 54 Left Unalaska about 1 p.m.
BON WADSU LOGO Wine cc eas wcceclnche vevce: 3-4 t INim =... 29.86 | 52 | 51 leie ic! a atese fciaraal| aeeeteinimtatel|leisistecet=|| tote aici | eieteare ms <i <' | oi Sneed taints re ale’eisi le Ut i
21 | 57° 17’ N., 170° 58’ W v 1 o | Cum. str.-| 29.82 | 57 | 54 calpeanl Old male.. tics -arteabe
QE BROD cise sacacme en. ica a Ae is 1 Ae Ee a| Beret cera leetate aa A ne “ “ .
a Same _ Sa ee af 4 Fe ee ee =jkas : 1}. ea ig aes Uterussaved. Signs of recent impreg-
mean ania es ae cine oom ecelale oii a See See ne - sn=\° nation.
Aug. 22 | 58° 35’ N., 175° 42) W......-..0.--0---- NNE ..... 5 | f | Cir. cum..| 29.82] 52 | 48 eee (epee ek Me Ne al | 2 #eleeaAtel Ree. sella cee eRSeel RARER PPee e- ocapaenereceeataee Be Took no seals.
SBU DUCED! Neg l TOO OO WW women cine cccecence WSW 5-6 t Cum. nim-|; 29.84 | 51 | 50 M Sone Bj =| (eminent ome |eleiale = ental nin'm aielalllaisaaimn| one ol ecat cols -sielenia|mamaessnncic=|acesce| aaa o[sacuscecesasncccreuccesse Vey tik =P
24 | 55° 20' N., 1750 12" W.....8. El WINAW ie arate 8 Cir. cum 29.72 | 52 | 50 Bs i's enka atere nl emits | fener | ete ene | etacate tereteeenta mci rere S ter Bd eee ed ed eee ee ide ciel ge Aad
25° | B59 500 N., 1720 28" W....-- cee -| Northerly.| 4 = be --| 20.62 | 58 | 51 4 cameleon Bag BAB Roce eel Se ae eee Ie ea acl | tie Meee eninieioe taniew| anaes e| «nimeleueidelesnsan wows oameenics Fg ait sar
26 | 56° 32/'N., 169° 45’ W............ cI INAV oe sree 5-6 o | Cum. nim.| 29.64 | 50 | 49 R BY Re BS Sase ele Bele ae) oe | an sella ee Sele aeselnis |= - Seeteetal sien <inlt\= ie l(a <1= =1=1=l| = wntlencee sence re cccensccnnes fog Wiel?
Si BG POLROr TO. -. nocez se anecewncves West..... 2 Foam oes 2 30.22 | 54 | 52 M «|'=,cora lreneie | ate ete | tera fits is | Peer a [ier ee ea «| wac|eceene leone ee ee |eee eee ee eeee|--- eee 2a | pak iael es ess welmPiemiann a= aT
28 | 58° 5! N.,.170° 51’ W............ SSW cee ae 3 i Cum. nim 30.36 | 54 | 53 L ra hearer ates te ed oat ar a tet acetate | ottetetetes alerts acl wivja'c| wwicin = <|<)- Seeininig [ean aemccnsan|sences|s=~s|asmeascencarcesenseucce= “ oO
> Paige Ga pee Sa sn : Sey Dewins 8 t | Cum. nim.| 30.04 | 51 | 50 “a = SOS Eesrleeir See b See] Beene = Peel eee Sen peered Peer Pere Peo oie | Sorel ans seen eriananan itl) gaat
oi Pt. SE., Otter I., W.4S.. : esterly .! 2 & i 29.96 | 49 | 48 2 i ese ral= | eet free eae ia let lela = ain |e nal in = [> 2 w= | Selene oem =ln'memiee oem m=| i= pie eagiage” “n)0 “sie Snieciaiaee F - son’s work
a1 | 54° 20" N., 1669 49° W..--t ee ccco Wace] 8 | @ ate le80r80:| a9 | ar-| ae | lenge] "<<a canbe here ec aasiaem ose tamales ts /-**-""|- Neco clk. Mme hte cce menace wa|steteeeeenseeseneeeeees Arai vel ait aaa ase
(2) |(21) [22] (7)
S Asleep.
o Overcast. t Thick. f Fair. c Clear. S Smooth. L Light. M Moderate. R Rough. H Heavy. W Awake. s P a in are

Nore.—It is not intended to indicate by this schedule that the

the conditions were favorable and effort was directed chiefl y

to determining the range of the seals and not to securing large numbers.

I certify that all data contained in this statement are correct and true to the best of my knowledge and belief.

12364——-To face page 219.

C. L. Hooper,
Captain, U. S. R.'M.

; 7 ‘ voces huntin
attempt was made to secure all sealsseen. Those obtained represent but a small percentage of those that were seen and could have been taken. The exigencies of the investigations often forbade hunting,

C. L. Hoopes,
Captain, U.S. R. M.

abe | ges Oe poet die oe
eee eee

ei faaated frit ie kali etie aire | erst eee guard
SRT Chae

tables Si saves fin Yur ue dai bt
air vi: ij

Dal (dure
Hite aligeating Bet,

aly bite re
\hidjnd vita chp
weds
TE eis hh. ee ey yew py 1m ay)
Rear, bade

\ia&

: ae i. aj va
Hee a OH Wh a hay
H

<OUIWd Vath tim!) hae Se : 7 ‘
vitae State, vy) COLT gt ee
‘bite wade yet Notilend yf suet) Mn f Ne
AN eT Mere tT j
re ‘i

4a 4
wey hii 4s

ofl igetre ayy 4
Jya AS Wy
qi ii

=! -
af 4s

nee) ss i Cn A yaks eat
: dakindy

Alb Ag § Tifotias Aaa!
av \-
'

.

sHOIgns Itosoe Ih lial

FF
ae 4s 44
hs 9 isp tt edi deca
i] i =H
i Lee pete s ae Peet

iow aliens daldabl at ae lived | x0 220s dhddsdas prey dans oe
al Wy F aie [ S

tote aah ae ais arte pe ant bane i ah
Gey, P als aw nis
suite ag (aolingd afc wah dln hu bs

sedin thc Se, TO
ee by AY: rt} i a ;

vx Weaie 2 ia) eis . -

ee

REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. 219

miles were steamed in Bering Sea, of which 4,623 miles were steamed
while completing the unfinished work of the Albatross.

I transmit herewith a tracing of the chart, * showing the track of the
vessel in Bering Sea, with the number of seals taken
and data pertaining thereto, a tabulated statement of
seals taken, and a transcript of the seal log since the date of my last
report.

I am, very respectfully, your obedient servant,
C. L. HOoPER,
Captain, U. S. R. M.

Chart.

DISTRICT OF COLUMBIA,
City of Washington, ss:

C. L. Hooper, being duly sworn, deposes and says:

I am the person who signed the foregoing document, and I know its
contents to be true. The document is an exact transcript from a por-
tion of the log, that is to say, the official record of the voyage of the
revenue steamer Corwin, except that a few clerical errors appearing
in said log have been corrected and a few abbreviations, such as NW.,
SW., ete., written out in full.

C. L. HOOPER,
Captain, United States Revenue Marine.

Subscribed and sworn to before me this 13th day of December, 1892:
[SEAL. | SEVELLON A. BROWN,
Notary Public.

[Inclosure No. 2 in Capt. Hooper's report of September 6, 1892.]

EXTRACT FROM THE SEAL LOG OF THE U. S. REVENUE STEAMER
CORWIN, FROM JULY 24 TO AUGUST 31, 1892.t

Sunday, July 24.

4 to 8 a. m.—6: 45 observed one (1) medium-sized seal; 7, saw one (1)
seals. E. Maguire, 1st Lieut.

8 a.m. to m.—9:30, 10:15 and 11:50 saw 1 seal each time; all sank
before characteristics could be noted.—C. E. Johnston, 3d Lieut.

M. to 4p. m.—12:15,1 pup; 12:30, 2 medium size; 1:50, 1 medium
size; all playing; sex unknown.—J. H. Quinan, 2d Lieut.

* * * * * * *

6 to 8 p. m.—Saw 2 seals (apparently yearlings) before making St.
George Island. Near the rookeries, seals numerous of all sizes.—C.
K. Johnston, 3d Lieut.

Monday, July 25.

* * * * * * *

4 to 8 a. m.—Saw few seattering seals 19 to 15 miles from St. Paul;
near the island saw numerous seals of all kinds.—S. E. Maguire, 1st
Lieut.

& a. m. to midnight.—Vessel anchored at St. Paul Island.

*See Chart v in portfolio of maps and charts accompanying Counter-Case.
t For the sake of brevity omission has been made of all entries stating that no seals
Avere seen.

220 OFFICIAL REPORTS.
Tuesday, July 26.

M. to 8 a. m.—At anchor at St. Paul Island.

3 yearlings about five miles, and 3 three-year olds
about 8 miles from the island of St. Paul (S. E. of it)—D. J. Ains-
worth, 2d Lieut.

M. to 4 p.m.—1 and 1:10, saw 1 medium-sized seal; both disappeared ;
seals numerous near St. George. —C. EK. Johnston, 3d Lieut.
4 p.m. to m.—At anchor, St. George Island.

Wednesday, July 27.
At anchor, St. George Island.
Thursday, July 28.

* * * * * 2 &

4 to 8a. m.—5:30, saw 1 seal, large; 5:45, 2 seals, small; 6 to 7, saw 8
seals of various sizes; 7:30, 2 seals; 1: 40, 3 Seals; 7:55, 4 seals.—S. B.
Maguire, 1st Lieut.

8 a.m. to m.—Saw but few seals.—J. H. Quinan, 2d Lieut.

M. to 8 p.m.—At anchor, St. Paul; 8 p.m. to m. no seals seen except
near St. Paul Island.—D. J. Ainsworth, 2d Lieut.

Friday, July 29.

% se x * * Hk *

4 to 8 a. m.—4:30, saw 1 seal, medium; 6:00, saw 1 seal, small; 7:04,
saw 2 seals, medium.—S. E. Maguire, 1st Lieut.

8 a.m. to m.—9:50, saw 1 medium-sized seal.—D. J. Ainsworth, 2d
Lieut.

M. to 4 p. m.—12:40, saw 1 medium-sized seal.—C. B. Johnston, 3d
Lieut.

4to 6 p. m.—4: 20, saw 1 small seal, jumping; 5:15 dingy returned;
did not get a shot; saw only 2,1 small, Llarge; both awake. 5:40, saw
1 medium-sized, jumping.—J. ice Quinan, 2d Lieut.

6toS p.m —Saw numerous seals of different sizes, jumping. Dig
-amamgeert 2d ee

* * * = RE

Saturday, July 30.

a cd * * * a %

§ a.m. to m.— Between 8:45 and 9:15 saw 8 medium-sized seals. Saw
another at 11:30.—C. E. Johnson, 5d Lieut.

M. to 4 p.m.—12:30, saw 3 seals asleep; 3:08, saw 1 big seal asleep;

3:30, saw 1 big seal asleep; 4, saw 1 big ’seal asleep. —J. H. Quinan,
Dd Lieut.

4 to 6 p. m.—4:05, saw 1 seal asleep; 4:40, saw 1 seal asleep; 5:00,
saw 1 seal jumping; 5:40, saw 3 seals jumping; all medium size.—D. J.
Ainsworth, 2d Lieut.

6 to 8 p. m—6 o'clock, saw 2 medium-sized seals; 7, saw another.—
C. E. Johnston, ee. Lieut.

* + Sd * . & ®

— ,

es

REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. 221

Sunday, July 31, 1892.

M. to 4 a. m.—3: 30, saw 1 medium-sized seal and 3:45 another; both
jumping.—D. J. Ainsworth, 2d Lieut.

4 to8 a.m.—4: 10, saw 3 seals; 4 to 4:15, saw about 10 seals; 4:20,
stopped ship; 4:30, sent out sealing boat (50 miles west of St. Paul);
5:10, saw 3 seals; 5:30, saw 2 seals; 6:15, saw 1 seal; 6:30, saw 2 seals;
7:00, saw 2 seals; 7:15, saw 1 seal. Apparently of all sizes; none
asleep._S. E. Maguire, 1st Lieut.

8a. m. to M.—Numerous seals of all sizes, asleep and awake, ob-
served.—J. H. Quinan, 2d Lieut.

M. to 4 p. m.—12:40, shot and secured two (2) seals, 1 male and 1
female, both 3 years old; 1:10 fired at and missed medium-sized seal.
1:15 saw 1 seal; 1:25, saw 1 seal; 1:35 to 2:00, saw 7 seals (1 large
and 6 medium). 2:15, saw 3 small seals: 2:40 saw two small seals;
3:40 to 4:00, saw 8 seals, different sizes, jumping.—D. J. Ainsworth,
2d Lieut.

4 to 6 p.m.—Saw numerous seals of various sizes. 4:40, shot and
killed one young male, about 2 years old; wounded two more that
escaped.—C. EK. Johnston, 3d Lieut.

6 to 8p. m—Numerous seals observed.—J. H. Quinan, 2d Lieut.

ue * * * * * *

Monday, Aug. 1.

M. to 4.—Saw 3 medium-sized seals playing in vicinity of vessel.—C.
E. Johnston, 3d Lieut.

4to 8 a.m.—Counted 10 seals in sight during the watch; various
sizes; none asleep._sS. E. Maguire, Ist Lieut.

8 a.m. to m.—10:00 saw one seal, small; 10:25 saw 3 seal, small;
11:00, saw 4 seals, medium; 11:40,saw1seal,medium. All these seals
were jumping.—D. J. Ainsworth, 2d Lieut.

M. to 4p. m—1:00, saw 1 medium-sized, playing.—C. E. Johnston, 3d
Lieut.

4 to 6p. m.—4: 45, saw 1 medium-sized seal, jumping.—J. H. Quinan,
2d Lieut.

6 to 8 p.m.—6: 35, saw2, and 7:30, 1 medium-sized seals, jumping.—D.
J. Ainsworth, 2d Lieut.

* % * # & a %

Tuesday, Aug. 2.

Midnight to 4a. m.—Saw one medium at 3:45, and at 4:00 one large
and 2 small seals, all jumping.—J. H. Quinan, 2d Lieut.

4 to8 a.m.—From 4 to 7 o’clock saw two pups, 12 medium-sized seals,
and 3 small ones; some jumping, others playing and “finning.” 7 to
8, saw about a doz. seals of various sizes; 7:03, stopped engine; 7:45
Sent out otter boat.—S. E. Maguire, 1st Lieut.

5 a. m. to m.—No headway. Two boats out hunting; saw twelve
seals, mostly asleep.—C. E. Johnston, 3d Lieut.

M. to 4 p.m.—Saw a doz. seals of all sizes, playing and asleep; boats
returned with 5 seals at 4 p. m.—J. H. Quinan, 2d Lieut.

4 to 6 p. m.—Boats returned with 5 seals (cows). 5:30,saw 2 seals;
could not distinguish characteristics.—D. J. Ainsworth, 2d Lieut.

6 to 8 p. m,—At 6:45 saw 2 medium-sized seals awake, and one large
one asleep; 7:00, 2 awake, medium size.—C. E. Johnston, 3d Lieut.

% % % % & % ae

222 OFFICIAL REPORTS.

Wednesday, Aug. 3.

Midnight to 4 a.m.—Saw two medium-sized seals awake.—D. J. Ains-
worth, 2d Lieut.

4 to 8 a. m.—4 to 5, saw 10 seals of various sizes; some appeared to
be small pups. 5:15, saw about a doz. seals of various sizes jumping
and swimming about. 5:20, saw 1 seal sleeping and 3 jumping. 5:30
to 7, saw 16 seals, 5 of them asleep. 7 to 8, saw numerous seals of all
sizes._S. E. Maguire, 1st Lieut. :

8a. m. to M.—First part of watch saw numerous seals of all kinds
jumping and playing, and occasionally one asleep. Last part of watch
seals less plentiful and none were asleep, Sealing boats brought in two
cows and one young male.—J. H. Quinan, 2d Lieut.

M. to 4p. m.—1, saw one medium-sized seal. 1:15, saw 1 medium-
sized seal. Both awake.—D. J. Ainsworth, 2d Lieut.

* * * * * * *

6 to 8 p. m.—Saw 4 seals, 2 medium and 2 pups, jumping.—J. H.

Quinan, 2d Lieut.
* * * * * * *

Thursday, Aug. 4.

Midnight to 4a. m.—3:50, saw 2 medium-sized and 1 small seals jump-
ing out of water.—C. E. Johnston, 3d Lieut.

4 to 8 a.m.—Saw 18 seals of all sizes diving and jumping; none
asleep._S. E. Maguire, 1st Lieut.

8 a.m. to M.—Saw 8 seals of different sizes during watch, jumping.—
D. J. Ainsworth, 2d Lieut.

M. to 4p. m.—No change in position. Saw 2 large, 2 medium, and
one small seals, playing.—C. E. Johnston, 3d Lieut. _

4 to 6 p. m—Saw a great many seals of all sizes playing.—J. H.
Quinan, 2d Lieut.

6 to 8 p. m.—Saw 11 seals of different sizes, jumping.—D. J. Ains-
worth, 2d Lieut.

* * * * * * *

Friday, Aug. 5.

Midnight to 4 a. m.—Observed 2 large seals playing.—J. H. Quinan,
2d Lieut.

4 to 8 a. m—Near St. Paul Island. Saw numerous seals of all sizes,
probably 100.—S. E. Maguire, Ist Lieut.

8 a. m. to M.—Saw no seals outside the immediate vicinity of St. Paul
Island.—C. E. Johnston, 3d Lieut. ;

M. to 4 p.m.—Saw 4 seals different sizes, playing.—J. H. Quinan, 2d
Lieut.

4 to 6 p.m.—4:40, saw one medium-sized seal; 5, saw one small seal;
both jumping.—D. J. Ainsworth, 2d Lieut.

6 to 8 p.m.—Saw one sleeper at 7 p. m.—C. KE. Johnston, 3d Lieut.

* * * * * * *

Saturday, August 6.

* * * * * * * ‘
4 to 8 a. m.—-At 5:00, saw 2 seals; 6:15, 1 seal in a kelp patch; 7:00,
L seal; all medium size.—S. EB. Maguire, Ist Lieut.
* * * * * * *

REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. 223

August 7 to 9.

* * * * * a 3
At Unalaska, Alaska.
* * * * * Sa »

Tuesday, August 9.
* %* * * * * *

M to 4 p. m.—1:30, saw 2 large seals asleep. 3:05, saw 1 small seal
asleep. 3:55, 1 small seal asleep.—D. J. Ainsworth, 2d Lieut.

4 to 6 p.m.—5:30, saw 1 medium and 1 large seal asleep. 6:00, 2 large
sleepers.—C. E. Johnston, 3d Lieut.

6 to S p. m.—6:05, saw 1 medium-sized seal on bunch of kelp. 6:20,
3 sleepers. 6:50, 2 sleepers, too far off: to tell size. 7:10, one large
sleeper. 7:30, 1 small seal, playing. 7:50, one 2-year old, playing.
7:15, one 2-year old, playing.—J. H. Quinan, 2d Lieut.

* co * * * * ae

Wednesday, Aug. 10.

* * * * * * *

4 to 8 a. m.—Saw 6 small seals, 5 medium, and 2 large ones; some
playing, others sleeping or traveling.—S. E. Maguire, Ist Lieut.

8a. m. to M.—8:15, saw 1 medium-sized seal swimming; 8:30, saw 1
medium-sized seal swimming; 8:35, saw 3 medium-sized seals sleeping;
8:40, saw 1 medium-sized seal sleeping; 10:40, saw 3 medium-sized seals
swimming. Two boats sent out; returned with 5 medium-sized cows.—
D. J. Ainsworth, 2d Lieut.

M. to 4p. m. —Saw 3 medium, 2 small, and one large seals, jumping.
Near St. Paul Island, seals numerous.—C. E. Johnston, 3d Lieut.

4 to 6 p. m.—Seals numerous.—J. H. Quinan, 2d Lieut.

6 to 8 p.m.—6 :50, about five miles from St. Paul, saw 5 seals, one large,
3medium, one small, disporting; 7:10, saw 5 of different sizes, jumpin g.—
D. J. Ainsworth, 2d Lieut.

* ae * * * * *

Thursday, August 11.
# rm * * * bs *

4to8 a.m.—Saw 4 medium, 5 small, and one large seals, all jumping.—
S. E. Maguire, 1st Lieut.

S8a.m.to Mi—Saw 8 medium-sized seals leaping out of water; seals
scattering and wild.—C. E. Johnston, 3d Lieut.

M. to 4 p.m.—Saw 15 medium and one large seals. One finning, 5
asleep, and rest jumping.—J. H. Quinan, 2d Lieut:

4 to 6 p. m.—Boats brought in 4female seals. 4:25, saw 2 small seals
jumping. 4:40, saw 2 medium seals jumping. 4:45, saw 5 various
seals jumping. 5:15, saw 3 large and 2 small seals, jumping. 5:45, saw
2 medium seals, playing.—D. J. Ainsworth, 2d Lieut.

6 to 8 p.m.—F rom 6 to 7, saw 7 medium, one large, and one small seals,
playing. Saw none last hour,—C. E. Johnston, 3d Lieut.

* * Bie 3 # * *

24 OFFICIAL REPORTS.

Friday, Aug. 12.
* * * * * * ®

8 a.m. to M.—11:00, saw 2 medium-sized seals, jumping. 10:20, one
inedium sized, playing.—J. H. Quinan, 2d Lieut.

M to 4p. m.—Saw one small and 15 medium-sized seals, one asleep
and rest jumping or swimming about.—D. J. Ainsworth, 2d Lieut.

4 to 6 p. m—Saw one small and 2 large seals, jumping. Boats
brought in one male and one female.—C. HK. Johnston, 3d Lieut.

6 to 8 p. m.—6 :20, saw one medium, one large, and one small seal,
playing and jumping. 6:55, one large, playing, two 2-year olds, leap-
ing. 7:30,one medium, playing. 7 :45,2 medium, playing.—J.H.Quinan,
2d Lieut.

S p.m. to midnight.—10:00, saw two seals. 10:55, three seals. Could
not distinguish characteristies.—D. J. Ainsworth, 2d Lieut.

Saturday, Aug. 13.
*® * * * * * *

4to 8a.m.—Saw 21 medium, 14 small, and 4 large seals. Some
jumping and playing, others asleep. Sent out boats. Dingy brought
in one male.—sS. E. Maguire, Ist lieut.

8 a.m. to m.—8:5, saw one sleeper; fired at and missed him. 8:10 to
8:20, saw 5 medium jumping. 8:35 to 8:45, 6 medium jumping. 8:58,
one sleeper. Shot and secured one seal at anchorage.—D. J. Ainsworth,
2d lieut.

M. to 4 p.m.—Seals numerous about the vessel; all sizes.—C. EH.
Johuston, 3d lieut.

4 to 6 p. m.—4:20, Hunter returned with 6 female and one male seals,
shot from 6 to LO miles off N.E. Point, St. Paul. Numerous seals around
vessel while at anchor; very few seen on north side of St. Paul while
under way.—J. H. Quinan, 2d lieut.

6 to 8:00 p. m.—Seals numerous—D. J. Ainsworth, 2d leut.

8 p.m. to midnight.—Seals numerous. At anchor, St. Paul lsland.—
C. li. Johnston, 3d lieut.

Sunday, Aug. 14.

Midnight to 4 a. m—No seals playing around ship.—J. H. Quinan,
2d lieut.

4 to 8 a. m—Seals numerous.—s. EH. Maguire, Ist lieut.

8 a.m. to m.—St. Paul to St. George. Saw no seals outside of imme-
diate vicinity of island.—C. E. Johnston, 3d lieut.

M. to 4p. m.—Saw only a few seals and those close to the island.—
J. H. Quinan, 2d Lieut.

4 to 6 p. m.—Saw only few seals; none far from island.—D. J. Ains-
worth, 2d lieut.

38 * * * * * % *

Monday, Aug. 15.

* *% * * * ® *
4 to 8 a.m.—Saw one sleeper and2 medium sizéd seals awake.—S. BH.
Maguire, 1st lieut.
S a.m. to m—Saw 5 medium, 4 large, and 9 small seals, mostly
asleep.—J. H. Quinan, 2d lieut. |

REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. 225

M. to £4 p. m.—2:10, saw one small seal jumping.—D. J. Ainsworth,
2d lieut.
*

‘ * * * * * *
8 p.m. to midnight.—No seals seen.—D. J. Ainsworth, 2d lieut.

Tuesday, Aug. 16.

* * * * * * *
Merid. to 4 p. m.—No seals seen. Arrived at Unalaska, Alaska.
Respectfully submitted.
C. L. HOOPER,

Captain, U. S. R. AL.
Commander R. D. Evans,

U.S. S. Yorktown, Commanding
U. S. Naval Forces in Bering Sea.

TRANSCRIPT FROM SEAL LOG OF THE U. S. REVENUE STEAMER CORWIN
FROM AUGUST 16, TO SEPTEMBER 1, 1892.

August 17th to 19th.
At Unalaska, Alaska.
August 19th.

Got under way at 2:10 p. m.
* * * * St tt @

August 20th.
Mid. to 4. a.m.

* * Me * * ® *

4 to 8 a. m.—7:30, saw two small seals, apparently yearlings, jump-
ing.—C. E. Johnson, 3rd lieut.

8 a.m. to mid.—8 :30, saw one small seal. 9:30, saw one seal, medium
size. 9:55, saw one seal, large; 11:30, saw one medium-sized seal.—S.
KH. Maguire, 1st It.

Merid. to 4 p. m.—2:45, within ten miles of St. George Island saw one
medium-sized seal jumping.—J. H. Quinan, 2nd It.

* * * . * * * *

6 to 8 p.m.—Numerous seals about the vessel.—S. E. Maguire, 1st It.
8 p. m. to mid.—At anchor off village St. George. Numerous seals
heard playing about the vessel.—J. H. Quinan, 2d It.

Aug. 21st.

At anchor, St. George.

Merid. to 4 a. m.—Seals numerous; at anchor.—C. E. Johnson, 3rd It.

4 to 8 a. m.—Seals scarce between theislands; saw two medium-sized
at 6.30.—S. E. Maguire, 1st It.

8 a, m. to Merid.—Only a few seals seen in water, and those in vicin-
ity of St. Paul.—_J. H. Quinan, 2nd It.

Merid. to 4p. m.—Seals Scarce, medium sized and small; sent out

1236415 . .

226 OFFICIAL REPORTS.

boats at 2 p. m.; numerous seals from 12:45 to 1:30; all awake.—C. E.
Johnson, 3rd It.’

4to6 p. m.—Saw 10 medium, 5 small, and 2 large seals jumping; at
5, boats returned with 4 seals, 3 nursing cows and 1 virgin cow.—S. E.
Maguire, 1st It.

6 to 8 p. m—Saw 4 large, 7 medium, and 12 small seals j Jumping and
playing. Ear Jabs Guinan, oud It.

* * * *

Aug. 22nd.
Mid. to 4 a. m.—
* * * * * * ®

4 to 8 a. m.—4:15, saw one medium jumping ; 5:00, saw one medium
jumping; 7:00, saw one medium j jumping.—J. H. Quinan, 2nd It.

8 a.m. to Merid.—9:30, saw one small seal asleep; 10:00, one medium

jumping.—C. E. J ohnson 3rd It.

* * *

* * * *

6 to 8 p. m.—6.30, saw one yearling jumping.—C. E. Johnson, 3rd It,
* * * * * * *

Aug. 23rd.

& ae % * * ® 2B
Aug. 24th.

® * * * * * *

Merid. ta 4 p. m.—3:40, saw two large seals jumping.—C. E. Johnson,
ord It.
*

2 * * * % *
Aug. 25th.

2 2 * * * 2 %
Aug. 26th.

* * * * * ® *

4to8a.m.—7:45 saw one medium-sized seal jumping; 7:50 saw
another.—C. E. Johnson, 3rd It.
8 a. ci to eee —Seatteri ing seals during the watch.—s. I. Mag guire,
*

Aug. 27th.
Mid. to 4 a. m.— Anchor at Garden Cove, St. George.
* * * * * *

*

4 to 8 a. m.—Saw 2 seals. At anchor.—S. E. Maguire, Ist Lt.

8 a.m. to Merid.—Saw three seals in vicinity of shore, St. George Id.,
between 11 and 12 a. m.—J. H. Quinan, 2nd Lt.

Merid. to 4 p. m—St. George to St. Paul. Seals scarce; saw two
medium sleepers about 10 miles from St. George, and two small seals
awake about same distance from St. Paul.—C. E. Johnson, 3rd. Lt.

4 to 6p. m.—Scattering sealsseen during oes run between the islands.
—S. E. Maguire Ist Lt.

6 to 8p. m.—Seals numerous around the island near shore.—J. H.

Quinan, 2nd Lt.
¥* * ” * ® oF @

REPORT OF CAPT. HOOPER, DATED SEPTEMBER 6, 1892. 227
Aug. 28th.

Mid. to 4 a. m.—At anchor, St. Paul; seals numerous about the ves-
sel._S. E. Maguire, 1st Lt.

4 to 8 a.m.—Saw 16 seals, one of which was a this year’s pup, from
6 to 8 p. m.—J. H. Quinan, 2d Lt. ;

8 a.m. to Merid.Seals generally scarce. Saw 4 small, 5 medium,
and 1 large seal jumping, and 1 medium sleeping.—C. E. Johnson, 3d
Lt.

Merid. to 4 p. m—Saw 3 medium, 2 small and 2 large seals jumping.—
S. E. Maguire, lst Lt.

4 to 6 p. m.—At 5.00, saw two; 5.45, one medium-sized seal.—J. H.
Quinan, 2d Lt.

6 to 8 p.m.—6,30, saw one small seal jumping; at 7, one large seal
jumping.—C. E. Johnson, 3d Lt. -

* * * * * * *

Aug, 29th.

ae * * * * & R

8a.m. to Merid.—8:15 saw one large seal; 10:15, saw one large seal;
10:30 saw one medium seal; 11, saw one small seal.—S. E. Maguire, 1st
Lieut.

Merid.to 4 p.m.—At 1 saw one small seal. At 4 saw one medium
seal.—J. H. Quinan, 2nd Lieut.

4 to 6 p. m—At 5:00 saw one large seal rolling. At 6:00, 2 large

seals traveling.—C. E. Johnston 3d Lieut.
* * * * * *

Aug. 30th.

Mid. to 4 a. m.—Too dark to see seals.—C. E. Johnson 3d Ut.

4 to 8 a. m.—Saw scattering seals more numerous last hour.—S. E.
Maguire, Ist Lt.

8a. m. to merid.—Saw numerous seals.—J. H. Quinan, 2nd Lt.

Merid to 4 p. m.—Saw two medium seals jumping between St, Paul
and St. George.—C. E. Johnson, 3rd Lt.

4 to 6 p.m.—At St. George Id. comparatively few seals in the water
about the island.—S. E. Maguire, 1st Lt.

* * * * * & »
Aug. 31st.
* * # * * ® *

4 to 8a, m.—4:50, saw one yearling. 7.00, saw one medium, 7:30,
saw two medium-sized, resting on bunch of kelp; 7:50, another me-
dium.—J. H. Quinan, 2nd Lt.

8 a. m. to merid.—At 8.00 saw one medium seal, quickly disap-
‘peared.—C. E. Johnson, 3rd Lt.

* * * * * * *

4 to 6 p. m.—Atrived at Unalaska, having finished the season’s work
in Bering Sea.
Approved and respectfully submitted.
C. L. HooPER,
Capt., U.S. Rk. MU.

228 OFFICIAL REPORTS.
Report of Captain Hooper, dated November 21, 1892.

REVENUE MARINE STEAMER Corwin,
Port of San Francisco, Cal., Nov. 21, 1892.
Hon. JoHN W. FOSTER,
‘Secretary of State, Washington, D. C.:

Sir: Ihave the honor to submit the following statement of infor-
mation gained during a cruise in the vicinity of the Aleutian Island
Passes in October and November of this year, made in obedience to
telegraphic orders from the honorable the Secretary of the Treasury,
dated September 7th and received by me at Sitka, September 17th,
directing me to leave Sitka as soon as possible after
the receipt of the orders and go direct to Unalaska;
from that port to visit all the passes of the Aleutian Chain to the east-
ward of and including Four Mountain Pass; to observe through which
passes the seals were entering the Pacific Ocean, and the pass or passes
through which the greatest number appear to migrate; to note as far
as possible the passes particularly frequented by pup seals and adults,
respectively, provided such distribution appeared to exist; to collect
affidavits from the natives near the passes as to the usual time the seals
pass southward through the Aleutian Chain, with any details as to
classes of seals; to cruise along the Aleutian Islands until the main
body of the seals appear to have entered the Pacific—if not later than
November 1, then to touch at Unalaska sending all information col-
lected to the honorable the Secretary of State, retaining duplicate copies
for later transmission; to proceed thence to the southward of the Aleu-
tian Chain to obtain information as to the position of the seal herd, its
direction of travel, and whether traveling in herds or singly, and to
reach Port Townsend or San Francisco not later than November 30th,
and to forward report of observations to the State Department, the
object of the investigation being to ascertain more accurately than be-
fore known the movements of the seal herd after leaving the Pribilof
Islands and before it appears off the coasts of California and Oregon.

In obedience to these orders I left Sitka with my command on Sep-
tember 25th and arrived at Unalaska on October 2nd. I engaged the
services of Peter Shaisnakoff, an intelligent young native of Unalaska,
who speaks English, Russian, and Aleute, appointed him and swore
him in as a United States interpreter. This man was interpreter to the
British Commission last year; he was also interpreter on board the
steamer Albatross on her cruise to the Commander Islands during the
present season.

I then proceeded to cruise in the vicinity of the Aleutian Island
Passes, making observations and collecting affidavits of the native

hunters. In alleighty (80) affidavits were taken. There
Affidavits taken. being no means of forwarding mail, on November Ist,

as directed, these affidavits were forwarded as oppor-
tunity offered. On October 11th forty (40) were forwarded per steamer
Signal. On October 17th eighteen (18) originals and the duplicates of,
the forty previously mailed were forwarded by steamer Dora. The
balance, twenty-two (22), original and the duplicates of the eighteen
forwarded on October 17th are forwarded by this mail. The remaining
duplicates will be forwarded later.

While in the performance of this duty the following-named settle-
ments were visited: Unalaska, Makushin, Kashega,
Chernofsky, Burka, Akutan, Sannak, Morzhovia, Bel-
kofsky, Sand Point, and Unga. These include all the native settlements

Instructions.

Settlements visited.

REPORT OF CAPT. HOOPER, DATED NOVEMBER 21, 1892. 229

in the vicinity of the passes except Nikolski. This settlement which is
on Umnak Island has no harbor and is a difficult place to make a
landing in the fall. It has but ten hunters, six of whom were met by
me and their affidavits taken at Chernofsky. Three of the places named,
Belkofsky, Sand Point, and Unga, are to the eastward of the passes.
My object in visiting these places was to learn whether the seal herds
move in that direction after leaving the passes in the fall. At all places
visited the affidavits were taken of a majority of all hunters found at

home, and when possible of all of them. The number
taken represents a majority of all the hunters residing
at the places named. Care was observed in taking affidavits to ascer-
tain as nearly as possible the exact meaning of the answer given by
the natives by putting the question in different forms, by frequently
referring them to the chart, etc. In answering questions in relation
to the way seals travel, whether singly orin bands, the number in the
bands, etc., I required them to illustrate the number by holding up the
fingers.

In the matter of dates I invariably asked whether affiant reckoned
time according to the old style or new style. Under Russian rule they
learned to reckon time according to old style, and almost without
exception they still adhere to the old style, and nearly all answers were
given accordingly, but all dates have been reduced to new style in the
affidavits by adding twelve days to the dates given. This change was
made when the affidavit was taken with the knowledge and concur-
rence of the native. Many of them understand fully the difference
between old style and new style, and to those who did not it was ex-
plained. At all times while cruising in the vicinity of the passes a
careful lookout was kept. In addition to the officer of the deck, who
was on the weather side of the bridge, one of the seal-hunters was sta-
tioned on the lee side of the bridge and a quartermaster and seaman
on the weather and lee side respectively of the top deck house. No
opportunity was omitted to get the facts. The information given by
the native hunters in most cases was given cheerfully and I believe
honestly. I regard the statements contained in the affidavits submit-
ted as worthy of full credence.

The native hunters divide the seals into six classes, as follows:

Sekatch, old bull; polu-sekatch, half-grown bull;
holostyak, young male; matkah, breeding cow; molo- ,,Native classifica
daya-matkah, young cow; koteek, pup. ei ote

As a result of my investigations I find that the fur-seals when leay-
ing Bering Sea in the fall go through Four Mountain
Pass, Umnak Pass, Akutan Pass, Unimak Pass, and | Passes through
False Pass, by far the greatest number (probably a ~
majority of all the herd) going through Unimak Pass, which being
wider than the others is less subject to strong currents, tide rips, etc.,
than the narrower passes. It.coincides most nearly with the line of
travel of the migratory herd of cows, young males,and pups, which go
to the coasts of California, Oregon, Washington, etc., as well as that
of the large number of males which remain in Alaskan waters during
the winter. It is also the most available pass for the use of all classes
of seals, on account of the prevailing winds. As will be seen by the
affidavits forwarded, seals always travel with a fair wind, if possible.
A few stray individuals only, mostly pups, go through the narrow pass
between Akun and Akutan Islands, which on account of its rapid cur:
rents, rocks, and reefs is filled with tide rips and overfalls.

Hunters interviewed.

230 OFFICIAL REPORTS.

According to native testimony as shown by the affidavits submitted,
the season during which the sekatch or old bulls 20
butte of passage of through the passes is from the 15th to the 22nd of Oc-
tober They leave the sea ahead of the migrating herd,
always travel by themselves, and go very fast. After leaving Bering
Sea they go to the. eastward and pass the winter south
puyanterresort of old of Unimak Island and the Alaska Peninsula and in the
us
Alaska Gulf. During our spring cruise we found large
numbers of them off the Mt. Fairweather region, where they had un-
doubtedly wintered. Although I made inquiry of all hunters met with
at that time, both white and native, and had a careful lookout kept from
. the vessel at all times, I could not learn of any number
4 Soushern Hadtotert: of old balis having béen seen south of the southern
limit of Alaska, and only vague rumors of a limited
number being taken annually as far south as Forester Island, near
Dixon’s Entrance. Polu-sekatch or half-grown bulls are often errone-
ously called “old bulls” by white hunters , the name being properly
applied only to the old males inhabiting the breeding rookeries. The
old bulls are very large, weighing from. six to eight hundred pounds,
perhaps more. ‘Two were taken by the Corwin’s hunters from the herd
encountered off the Mt. Fairweather region, the pelts of which weighed
sixty-one and sixty-five pounds, respectively.
Individuals of the Polu-sekatch are sometimes found with the migra-
ting herd of cows, young males, and pups, but by far
ellen stoke, atin. the greater part of them, as well as many of the larger
’ Holostyak remain in Bering Sea or in the waters off
the coast of Alaska all winter. They are seen during the winter by
the natives of Belkofsky, Unga, and Sand Point, when out sea-otter
hunting, and are both seen and taken by the Sannak natives through-
out the winter. Many Holostyak and Polu-sekatch remain upon the
Pribilof Islands until the ice comes down and drives the fish away,
when they must search for other feeding grounds. As I have stated
in a former report to the honorable the Secretary of the Treasury, I
landed upon St. Paul Island about the 24th of January, 1886, and was
informed that a “drive” had been made the day previous and a large
number of holostyak (about one thousand) killed.

But few male seals of more than four years of age accompany the

migrating herd on its voyage across the Pacific. A

aden cesort of Jarge percentage of all the adult male portion of the
aa fur-seal herd remain in Alaskan waters throughout the
year, spending the time from May until October upon the Pribilof
Islands and the balance of the year in Bering Sea and the Pacific Ocean
near the Alaska coast. The great migrating herd con-

mine Of passage of sisting of Matkie, Molodaya Matkie, Holostyakie,

Mia fa): and Koteekie begin to go through the passes about
October 22d. The invariable answer made by the native to the ques-
tion—“ What time do the cows, young males, and pups first begin to
go through the passes?”—was “ Desya tavo Octyabr ya,” October 10th
old style or October 22nd new style. At first they are seen in very
small numbers; as a rule, I think, but a few stray individuals go
through the passes before the first of November, and the herd is not
fairly upon the move before the tenth.

While cruising near the passes during October we saw but five seals
in all. On October 20th two were seen, an adult and a pup in the Ber-
ing Sea near Unimak Pass. They had apparently no intention of going
out at once as they were playing and were in reality swimming away

REPORT OF CAPT. HOOPER, DATED NOVEMBER 21, 1892. 231

from the pass when seen. On October 22nd two more seals were seen
as before, an adult and a pup in the South end of False Pass, commonly
called Morzhovoi Straits, just entering the Pacific. On the same day
some hours later a single adult seal was seen near Amagat Island a
few miles east of False Pass. It had doubtless come through the Pass.

On November 3rd while cruising in the vicinity of Four Mountain
and Unimak passes, under favorable conditions, a northwest wind and
moderate sea, a few seals were observed; in each case only single
individuals were seen and these seemed to be. equally divided between
adults, yearlings, and pups. No seals were taken by the native hunters
at Kashega, Makushin, or Akutan this year during October. The first
taken at Makushin was on November 3rd, a yearling male. The Cher-
nofski natives, who hunt in the bays adjacent to Umnak Pass, took
their first seal this year, a pup, on October 28th.

The first seal seen in Unalaska Bay this year was on October 21st,
and but five had been seen in the bay up to the end of October. A
record kept at Unalaska for the past twelve years shows the average
date of the first appearance of seals in the bay to be October 24th,
and the average date of the last appearance to be January Ist, the
earliest and latest dates, respectively, being October 18th and January
4th.

During strong gales the pups come into the bays in the vicinity of
the passes for temporary shelter. This fact doubtless gave rise to the
belief that the pups and adults travel separately when leaving Bering
Sea: a belief that has no foundation in fact.

The season during which the seals use the passes west of Unalaska
(Four Mountain and Umnak) ends about December Ist, one month ear-
lier than in the passes to the east of Unalaska Island. This undoubt-
edly is due to cold westerly and northwest gales which occur during
December and the seals’ dislike to traveling against wind and sea, as
shown by the testimony of all natives. They can go from the Pribi-
lof Islands to the passes east of Unalaska Island (Akutan, Unimak,
and False) with a fair wind, while to reach the passes to the westward
of Unalaska Island they have almost continual strong head winds and
seas to contend with after the end of November.

About the end of December, or a little more than two months from
the time the first seals appear in the passes going from
Bering Sea into the Pacific, the main body of the herd | Time when herd is
may be considered out of Bering Sea, although some rail
Seasons seals are seen in the passes as late as the 12th of January.
The closing of the migrating season varies a few days from year to
year, according to the condition of the weather, an early approach of
winter causing an early southward movement of the seal herd and the
contrary.

In about the same time that the main body of the herd has occupied
in going through the passes and before the last of it is
fairly through, the first part of the herd has made its i eae of herd on
appearance upon the coasts of California and Oregon, 7
having traveled during that time a distance of more than two thousand
miles—more than double the distance made on any other part of the
route in the same time.

In view of the circumstances—the stormy condition of the sea, the
prevalence in the Pacific of heavy easterly gales, the seals dislike to
Swimming against the wind and sea, the delay necessarily caused in
obtaining food, the fact that a portion of the migrating herd consists of
pups not yet six months of age, and considering furthe: the rate of

232 OFFICIAL REPORTS.

speed at which seals travel on other parts of the route, they being five
months and a half from January 1st to until June 15th making the re-
turn trip from the coast of California to the Aleutian Island passes
following the coast line which increases the distance about one-third—
it is evident that the seal herd after leaving the passes makes its way
to the coast of the Pacific States without unnecessary delay. The part
of the herd which first goes out through the passes takes a more south-
erly route than those that golater. But a small part of
Migration routes. the entire herd goes to the coasts of California and Ore-
gon. Many seals reach the coast further north, some
of those coming out through the passes last going no doubt direct to .
the coast of Washington and even further north.

In 1886 during a passage in the United States revenue steamer Rush
from Puget Sound to Unalaska, where we arrived on the 19th of Janu-
ary, I saw fur-seals nearly every day—the vessel having passed through
the herd then on its migration from the passes to the coast and extend-
ing entirely across the Pacific Ocean. The time of the appearance of
the fur-seal herd off the coast of the Pacific States differs slightly with

; different seasons, but as I learned during my investiga-
comt coincidently tions last spring, and as I have already reported, coin-
ae eeclasses S cides with the arrival of smelts, herring, and eulachon,

ry which each spring come into the rivers in large num-
bers to spawn. If the fish come into the rivers unusually early the
seals appear off the coast correspondingly early; if the fish are late the
seals arealso late. That the seals must find fishing banks on the route
does not follow: the supply of surface fishes, squid, etc., appears to be
ample for their wants. Both in Bering Sea and the Pacific Ocean dur-
ing our summer investigation we found herds of seals with their stom-
achs well filled in nearly two thousand fathoms of water.

In relation to the way seals travel, whether siigly or in bands, the

natives all agree that they travel singly or in small
ing "DOT Maver Hands never exceeding five or six and generally by
twos and threes.

One intelligent native, in answer to the question, said: “Seals travel
like people, sometimes one goes alone and sometimes with another.”

Systematic observations of the movements of the seals in the Pacific

Observation near Ocean, near the passes, at this season of the year is
passes impracticable impracticable. Almost constant gales and thick weath-
rg er prevail. In the influence of the strong current
through the passes the sea is very rough, and even were it possible for
a vessel to remain there, few, if any, seals would be seen. Under such
circumstances the seals travel very fast and remain under water except
when forced to come to the surface to breathe, and then only the nose
is protruded above the water fora moment. In bad weather on the
sealing grounds in the Pacific and Bering Sea the seals disappear so
entirely that the Indian seal hunters (erroneously) believe they go to
the bottom and remain there until the weather becomes better.

Having previously observed the seals over the entire route, and over

a large portion of it many times, I am able to state

fete soaet aval positively that in no part of it do they travel in bands.
Leaving San Francisco in March of the present year,

I followed the seals along the coast northward to the Alaskan Gulf,
making careful observations of their habits, etc.; subsequently and while
the seals were still moving towards the passes, I went several times
over their track between the Alaskan Gulf and the passes. I spent

REPORT OF CAPT. HOOPER, DATED NOVEMBER 21, 1892. 233

the month of August observing the seals in Bering Sea, and in addi-
tion the cruise just completed, covering October and a part of Novem-
ber.
As stated elsewhere, in making the passage from Puget Sound to
Unalaska in January, 1886, I passed entirely through

the seal herd then making its migration to the “coast.” Mode of traveling.
I have cruised in Bering Sea seven seasons including

the present, and have many times been along the coasts of California,
Oregon, and Washington during the months that the seals are present.
Ihave at all times in Bering Sea, in the Pacific Ocean, and in the
Aleutian Island passes seen seals traveling singly or in twos and threes;
frequently a young male, female, and pup are seen together, the only
exception to this being when they haul out upon floating patches of
kelp. In Bering Sea I have often seen a dozen or twenty seals upon
one patch of drift kelp apparently resting. If disturbed, however,
they spring into the water and separate, entirely regardless of each
other. From my own observations and what information I can gather
from all sources, I believe that upon leaving the islands in the fall the
seals are entirely independent of each other, each following its own
inclination, and that the small groups of twos and threes sometimes
seen are but temporary and more accidental than otherwise.

The coast of the Pacific States is the destination of the herd after
leaving the passes and a milder climate and the small
fish that infest the rivers in the spring the incentives. Destination of herd.
The southern limit of the range of the herd being de-
termined by individual likes is reached by but a small part of the entire
herd.- Up to the time of reaching the coast the seals are very much
scattered. After reaching the coast and while following it along to the
northward the scattered seals close up somewhat and assume at times
something the character of a herd or band. This, however, is but acci-
dental. If disturbed they always scatter in all directions instead of
moving off in one direction, as do walrus, sea-lion, porpoise and other
animals that are known to travel in bands or schools.

On November 10th the Corwin left the vicinity of the passes and
shaped a course for San Francisco. No seals were seen on that day.
On the following morning in lat. 51° 49’ N. long. 160° 26’ W. one
seal, apparently a yearling was seen, and on the morning of the 12th in
lat. 50° 08’ N., long. 156° 40’ W. what was believed to be a pup seal
was seen—the only seals seen during the passage although a good
lookout was kept at all times.

I inclose herewith an affidavit covering the main points contained in
this statement.

Very respectfully, your obedient servant,
C. L. HOOPER,
Captain U. 8. Rk. M., Comd’g. -

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

On the twenty-second day of November in the year one thousand
eight hundred and ninety-two, before me, ALVAN FLANDERS, a notary
public in and for said city and county, residing therein, duly commis-
sioned and sworn, personally appeared C. L. Hooper, captain U.S. R.
M. commanding, known to me to be the person described in, whose name
is subscribed to, and who executed the within instrument, and he ac-
knowledged to me that he executed the same.

234 OFFICIAL REPORTS.

In witness whereof, I have hereunto set my hand, and affixed my of-
ficial seal at my office in the city and county of San Francisco, the day
and year in this certificate first above written.

(Seal)

ALVAN FLANDERS,
Notary Public in and for the Oity and County of San Francisco,
State of California.

REPORT OF CAPTAIN COULSON.
Orders to Captain Coulson.

U.S. 8S. YORKTOWN, 3RD RATE.
Unalaska, July 18, 1892.
Captain WAsH C. CouLson, U.S. R. M.,
Comd’g. U. S. Revenue Cutter Rush:

Str: When you have filled with coal and the vessel under your com-
mand isin all respects ready for sea, you will proceed to the Pribilof
Islands, and having communicated with the Treasury Agent, you will
run on radiating lines froin these islands in order to obtain the infor.
mation requested in the enclosed communication addressed to Captain
Tanner of the U.S. Fish Commission steamer Albatross. You will
run the first line directly east from St. Paul and continue on that line
‘until you are satisfied that you have passed the outer limit of the seal
herd, when you will then steam north until the Island bears west by
north, when you will head for it, and continue until you reach it. Con-
tinue this work until you run out on a south course. You will then
reverse this operation and follow the compass around until you reach
the west point. Continue cruising in this way until it is necessary for
you to return to Unalaska for coal. When recoaled resume this work
and continue it until you receive further instructions.

You will consider this duty as in addition to your duty as a cruising
vessel aud you will use your utmost endeavor to obtain the information
required.

If at any time you have reason to suspect that sealing vessels are
about, drop all other work and capture them.

You will receive from the Fish Commission steamer Albatross such
portion of her sealing outfit as you may require.

Very respectfully,
R. D. EvAns,
Commander U. S N., Comdg. U. 8. Naval force in Bering Sea.

Leport of Captain Coulson.

U. S. REVENUE CUTTER RUSH,
Unalaska, Alaska, 6th September, 1892.

Comdr. R. D. Evans, U.S. N.,
Comdg. U. S. Naval Forces in Bering Sea, U. 8. S. Yorktown:

Str: I respectfully inform you that in obedience to your orders of
July 18th, 1892, regarding the “‘unexecuted portion of

Instructions. the duties assigned to the U. S. revenue steamer Al-
batross in Bering Sea in connection with the investi-

gation of seal life,” we took on board from that vessel on the first day

REPORT OF CAPT. COULSON. 235

of August one seal boat and outfit, one breech-loading shotgun, with
ammunition and all the necessary implements for skinning and preserv-
ing the seal taken while prosecuting the work. On the same day Mr.
A. B. Alexander, fishery expert, and J. E. Lennan, seal hunter, reported
on board for duty to assist in collecting specimens of seals and gather-
ing the desired information. I also received from Captain Z. L. Tanner
of the Albatross a copy of “instructions for the steamer Albatross,” yet
to be executed in connection with the seal work in Bering Sea. Being
thus equipped we sailed from this port August 3rd for the Pribilof
Islands to earry out as fully and completely : as possible your orders,
and at the same time collect all of the data required on the subject.

After conferring with the special agent on St. Paul and St. George
Islands, the East line was taken up on the 6th day of
August and we have cruised diligently; substantially Area covered.
covering that part of Bering Sea Eastward of the
Pribilof Islands from the North to the South points of the compass,
and as far away from those islands as in my opinion it was necessary
to go. The results of our work are herewith submitted to you for
your information, and for transmittal to the proper authorities in the
form of statement and tables, viz:

1st. A chart* prepared under my direction by Lieu-
tenant Cantwell, of this vessel, showing the track of poe aaa due
the vessel, the location of seals, etc.

2nd. A transcript of the Seal Log kept while engaged in the work.

3rd. A statement by A. B. Alexander, Fishery Expert, as to age,
sex, and condition of the seals taken. On this paper will also be found
the certificate of J. EK. Lennan, the Seal Hunter, who did the hunting
and killing.

4th. A general statement on which all of the desired data is given in
detail.

Seven seal were killed and taken during the month of August,
and the position of each one is given on the Chart,
the statement of Mr. Alexander, and the transcript of
the Seal Log. Five other seals were shot at, wounded and lost, thus
showing a large percentage of loss.

The statement of Mr. Alexander who skinned and dissected the seals
shows that six of the seven seals taken were females; three of the num-
ber nursing cows, three were virgin, and one a male, or 6 to 1.

None of these seals were taken nearer than 30 miles from St. Paul
Island, and the nursing cows at distances of 30, 98, and 110 miles.

Atevery station where the vessel was stopped cod-
fish was taken; in some localities they were abundant,
at others only a few were caught. be

During the month and while prosecuting the work the vessel has
cruised nearly three thousand miles, and in the whole
time not one vessel engaged in taking seals has been
seen. The weather, as will be noticed. by the Seal Log, has been un-
favorable for sealing a greater part of the time, added to this the
scarcity of seals on the Eastern side of the Pribilof Islands will ac-
count for the small number of seals observed or taken and the little
information gathered.

On nearly every point of the compass on which the lines were run
the seal herd, or what might be termed numerous
seals, were passed at ten miles, and the numbers de- ,,R2nge of seals ob-
creased rapidly, so that at forty miles few seals were
seen, and at fifty, on most allof the courses, no signs of seals were

Seals taken.

Distribution of fish.

Miles cruised.

* See Chart V, Portfolio of Maps and Charts, Counter ( Case.

236 OFFICIAL REPORTS.

seen. The exception to this rule was in one or two of the Northern
and North Eastern lines, where seals were met in small numbers, one
hundred miles away from St. Paul Island; these were apparently
feeding on some surface food, as large flocks of whale birds, and in
one instance a whale, were in the vicinity. Night coming on pre-
vented close observation or investigation.

Lieutenant Newcomb and a party were landed on Amak Island, but

the closest inspection failed to see or find any seals or
brewling guana.°* Sign of seal life there, and I have my doubts whether
there is any place in Bering Sea, excepting the Pribilof
Islands, where seals in any numbers haul out.
I am not prepared to express any decided opinion regarding the rapid
decrease of the seals in the Bering Sea and on the
Matas of pelagic Seal Islands, but there is no doubt that unless pelagie
sealing outside of Bering Sea can be either limited or
stopped, it means the extermination of the seals at an early day.

The skins and specimens collected by this vessel have been turned
over to Captain C. L. Hooper, of the Corwin, for transportation and to
be forwarded with the catch of that vessel to Dr. C. Hart Merriam,
Agricultural Department, Washington, D. C.

Very respectfully,
Wasa C, COULSON,
Captain.

237

INCLOSURES.

COULSON

REPORT OF CAPT.

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OFFICIAL REPORTS,

238

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239

—-INCLOSURES.

OF CAPT. COULSON

REPORT

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240

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Z41

INCLOSURES.

COULSON:

REPORT OF CAPT.

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OFFICIAL REPORTS.

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REPORT OF CAPT. COULSON—INCLOSURES. 243

I, A. B. Alexander, fishery expert, U. S. Fish Commission, certify
that I examined all the above seals, and the data is true and correct.
A. B, ALEXANDER.
I, J. E. Lennan, seal hunter, certify that the above seals were killed
by me at the time and place mentioned.
J. E. LENNAN.
I certify that the within is a true copy of the statement of A. B. Alex-
ander, and that the data is all correct.
WASH. C. COULSON,
Captain Commanding Rush.
6TH SEPTEMBER, 1892,

REPORTS.

OFFICIAL

244

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REPORT OF SPECIAL AGENT HENRY. 245

REPORT OF SPECIAL AGENT HENRY.

Orders.

DEPARTMENT OF STATE,
Washington, October 1, 1892.
A. J. HENRY, Esquire,
San Francisco:

Str: You are hereby appointed a special agent of the Department
of State for the purpose of making an investigation at
Victoria, B. C., and elsewhere, to obtain such testi-
mony as is possible, and to report upon matters connected with the
claims presented by the British Government before the Tribunal of
Arbitration to convene at Paris.

You will receive more specific instructions from W. H. Williams,
esquire, special agent of the Treasury Department in San Francisco,
and under whose direction you will act in the matters entrusted to you.

lam, sir, your obedient servant,

Appointment.

JOHN W. FOSTER.

Report.

Saw FRANCISCO, CAL., November 19th, 1892.
To the honorable the SECRETARY OF STATE:

Str: I have the honor to report that in accordance with my letter of
appointment as special agent of the State Department, I reported to
Major W. H. Williams, special Treasury agent, and from him received
the following verbal instructions: To proceed at once
to Victoria, British Columbia, and to obtain such tes-
timony as I was able, in the Bering Sea controversy in relation to the
cost of sealing vessels, their outfits, and so forth, and all other mat-
ters appertaining to the question at issue before the Tribunal of Arbi-
tration to be hereafter convened in Paris.

Pursuant to such instructions, I proceeded directly to Victoria, Brit-
ish Columbia, leaving San Francisco on the 10th of October, 1892, and
arriving at Victoria on the13th. J at once took steps to find out the
disposition of the sealers towards the United States
in the Bering Sea controversy. As a result of my in- public, sentiment
vestigations I found that public sentiment was very site.
bitter against our Government, that the citizens of the
city of Victoria were in sympathy with the sealers and that they were
very cautious what they said in relation to sealing.

The Sealers Association of Victoria has among its members some
prominent citizens of the city and has a great deal of __ ;
influence, and the residents seem to be afraid to incur ya ee obtain
the displeasure of the association. Iat once saw that j
it would be utterly impossible to obtain written testimony in Victoria
contrary to the interests of those engaged in the sealing business, be-
cause any person giving such testimony would be boycotted by those
in sympathy with the sealers and probably ruined financially.

A few days after my arrival I formed the acquaintance of several
owners and masters, as well as many of the crew and
hunters of sealing vessels, and owing to the fact that , Sources of informa.
they supposed, from my inquiries, that I désired to ar
engage in Sealing the coming season, they talked freely with me as to

Instructions.

946 OFFICIAL REPORTS.

the cost of building, outfitting, and furnishing sealing vessels, and also
in relation to the wages paid or the “lay” of the crew, the probable
profits for the future, and their experience with the sealing fleet in the
past few years. The following is the substance of these various con-
versations, from notes made at the time when they were held, together
with the names, occupations, and experiences of my informants, which
notes are substantially correct transcripts of the conversations, all of
which took place in the city of Victoria between October 14th, 1892,
and November 16th, 1892.
Captain D. Morrison. who was mate on the sealing schooner Willie
McGowan, this year, stated to me that sealing boats
ent OF boats and Gost $100 apiece when new, and that it costs from $7.00
to $10.00 per month for subsistence per man.
Captain Sieward, owner of the sealing schooners Dora Sieward and
Mascot, and who has had seven years’ experience in
Cost of Dora Sie- the sealing business, stated that his provision bill for
ward. a °
a crew of twenty-five men on the Dora Sieward was
$1,200 for a cruise of seven months. He further stated that steam
vessels for sealing purposes were very poor property and that not one
in the fleet has ever paid expenses since it was built. He also said
that the Dora Sieward is 99 tons register, that she is new and
first-class and cost $14,000 all equipped and outfitted for a season’s
cruise. Regarding the coasting trade of sealing ves-
Coasting trade un- gels during the months of October, November, Decem-
profitable. : ~
ber, and January, Mr. Sieward said “ It would not pay
and there was nothing in it.” He further stated, that Carne & Munsie
(grocers, shipowners and outfitters of vessels) told him on October 31st,
1892, that they would agree to furnish groceries, supplies, etc., for an
Indians less expen. L2dian crew for one-half what it would cost to fit out an
sive than whites equal crew of white men; that they had had both white
Capt eurant- and Indian crews on their vessels, and that an Indian
crew was not over half the expense of a white crew. He also said
that Indians furnished their own canoes and canoe outfits.
Captain McLain, master of the sealing schooner Favorite, made me
the following statements:
I have employed both white and Indian hunters; Indians are now as expensive
: as white hunters; they want everything and plenty of it. Five
Re wracteee (Capt. or six years ago I could feed them on molasses, rice, or anything,
McLain). and they would be satisfied. Then it did not cost much to feed
them. They are always paid by the skin and furnish their own
canoes and spears. Formerly they did not use the gun but very little, preferring
the spear; but now they use the gun mostly. The cost of feeding a white crew is

from $7.50 to $8.00 per month to the man. $2,000 will cover everything for a crew
of twenty-five men for an eight months’ cruise.

Captain Pinckney, master of the sealing schooner Henrietta, stated to
me:

Provisions for a cruise of seven to eight months for a crew of twenty-three to

twenty-five men will cost about $1,600 to $1,800; this also includes

Cost of equipment. ammunition. Indians furnish their own canoes and are paid so

much for each skin, but receive no wages. They are sometimes

given $10.00 each bounty money to get them to go North. We give them bread,

rice, sugar, and potatoes. The sealing season begins about March 1st and closes

from August Ist to September 1st; generally aim to get home by the first of Sep-
tember.

Captain McDonald, mate on the sealing schooner Favorite in 1892,
stated :

It does not cost over $8.00 per month per man for food. Iam

Gastar pao yia ane confident $2.00 a week will teed a man well,

REPORT OF SPECIAL AGENT HENRY. QA7

As to the matter of “coast trading” during the months of October,
November, December, and January, I have conversed
with Captains McLain, Morrison, Pinckney, Sieward, ,,osine: ™"° "™
McDonald, and several others, and they each and all
said that ‘‘ there is nothing in it and it would not pay to fit out for it,”
and cited me to the fact that if it would pay there would be plenty of
the vessels engaged in it, instead of laying in the harbor here during
those months.

Carnie & Munsie, Captains Grant, Sieward, and others in Victoria
are engaged in or interested in the mercantile business and own several
schooners each, so that they are in the best possible position to engage
in the “coast trade” and make it profitable, if anyone could, and they
would certainly do so if there was any profit init. As it is, not one of
the sealing fleet goes into that business during the winter. There are
at this time about fifty-five (55) sealing schooners in Victoria harbor
laying idle. This fact alone is conclusive evidence as to the profitable-
ness of the “‘coast trading business.”

William Turpel,esq., who is the proprietor of the Central Ship Yards
at Victoria, and also owner of the sealing schooner
Sadie Turpel, stated to me that his provision bill for
23 men for an eight months’ cruise was $1,500, and about $400 worth
of the provisions were brought back. He also stated
that he estimated the difference of building a schooner
for steam auxiliary would cost about $200 more for
the carpenter work.

H. R. Foot & Co., who are builders of yachts, boats, and canoes,
stated that they would build a schooner for me at the
rate of $75 per ton gross tonnage. Mr. Foot is now Cost of schooner.
building a steam schooner of 16 tons capacity, the
price of which he stated to be $2,000 all complete, with compound
engines, boiler, and surface condenser. He further stated that he
would advise me not to build a schooner supplied with
auxiliary steam power, as such vessels so far have Auxiliary steam
failed to prove satisfactory or successful on account feous. Bee
of their not being able to carry proper sails, so as to
be good sailing vessels, and have not sufficient steam capacity to use
steam altogether.

Rk. W. Calvin, esq., proprietor of the Clyde Ship Yards, stated to me
that he would build sealing boats at the following
prices: Copper-nail boats, $110 each; galvanized boats, ©st of boats.
$98 each, all vutfitted with oars, sail, etc.; and he
further stated to me that he would advise the use of the galvanized-
nail boats, as he considered them better, and that the majority of the
boats in use by the fleet were galvanized nailed.

Mr. Munsie, of the firm of Carne & Munsie, already mentioned,
stated that the cost of a stock of provisions for a crew
of 23 to 25 for a cruise of 7 to 8 months would be ©®s¢ of provisions.
$1,400 to $1,500. This is exclusive of the ammunition
required.

Martin Kelly, a dealer in stoves and tinware at Victoria, informed
me that he was having a steam schooner for sealing,
purposes constructed by Clark & Watson, of Victoria, scngster.% “™
the description of which he gave as follows: Length
over all, 75 feet; beam, 14 feet; depth of hold, 7 feet; capacity, about
70 tons. To be supplied with a folding propeller and the best ma-
chinery, with power to speed her fully 11 knots per hour, the contract
price for such vessel being $10,000.

Cost of provisions.

Extra cost for steam.

248 OFFICIAL REPORTS.

The following statement in relation to insurance on sealing vessel

was given me by R. P. Rithet & Co., agents of the Sun

Insurance rates. | Fire and Marine Insurance Company, of San Francisco,

and also for Lloyd’s agency at Victoria. The rate on

sealing schooners and cargo is 7 per cent per annum, 4 per cent guar-

anteed, the policy to be canceled 24 hours after the arrival of the vessel

in port. For short rates they gave the following figures: Rate for 4

months, 4 per cent, or $40 per $1,000; rate for 7 months, 74 of 7 per

cent, or $40.83 per $1,000; rate on a vessel while lying in harbor, 13 per
cent per annum.

I hereto append a memorandum handed me by one of said firm in
relation to the insurance rates above referred to, which is marked
Exhibit A.

I was further informed by Robert Ward & Co., insurance agents of
Victoria, that the rate on sealing schooners and their outfits is 7 per
cent per annum, and the rate is the same on steam schooners as it is on
Sailing vessels.

The sealing schooner H. B. Marvin having been advertised for sale
by an auctioneer on November 7th, 1892, a copy of which advertisement
I hereto append, marked Exhibit B, I made inquiries as to the cost of
furnishing said schooner with steam auxiliary. I received from the

Victoria Machinery and Iron Works a written tender by
(Gosh ot aes ee which they offered to furnish me an engine and boiler
, for the schooner H. B. Marvin as follows: ‘“ Upright
engine, 14x14, with Clyde boiler, 84 inches diameter, 120 inches long,
delivered at Victoria, for the sum of $4,400,” which tender I hereto at-
tach, marked Exhibit C. They also stated to me that such an engine
and boiler would be of sufficient power to drive the said schooner at a
speed of from 8 to 9 knots an hour.
The said auction sale of the schooner H. B. Marvin having been
adjourned until the 9th day of November, 1892, I at-
a eee of 2. tended such salein the company of Captains Pinckney,

McClellan, Seiward, McLain, Smith, and McDonald.
The price for which the said vessel was sold was $6,800, all complete,
with seven boats, ten Parker shotguns, one rifle, and everything belong-
ing to her except the stores and provisions.

On the 3rd day of November I viewed the model of a sealing schooner

which a Mr. Cline, of Victoria, intends to build this

Cost of schooner Winter. Hestated to me that he already had the lum-
Sac 3 ber out for her, and the sealing boats, and that the size
of the vessel would be as follows: 66 feet keel; 83 feet over all; 20 feet
beam and 9 feet hold, with a registered tonnage of 65 tons. The cost
of the schooner and six boats all ready for the rigging and sails
would be $5,000, and the cost of the rigging and sails would be
$1,500, making a total of $6,500 for the vessel outfitted with boats,
sails etc., ready to receive her stock of provisions for a cruise.

Charles Powers, an old seal hunter who had had seven years’ experi-
ence, stated that the lay of hunters 5 or 6 years ago was
only $1.50 per skin, and that the wages of boatmen and
seamen were $30 per month.

I had several conversations with Captains Morrison, Pinckney, Me-
Lain, McClellan, Smith, and several others who are in the sealing busi-
ness, and who practically agreed on the following facts: That the seals
go as far south as the coast of Lower California, and
that many of the sealers start out in the latter part of
January or fore part of February, and go south until they meet the

Lay and wages.

Migration of seals.

REPORT OF SPECIAL AGENT HENRY—EXHIBITS. 249

seals, and having fallen in with them, follow them north-into Bering
Sea. Regarding the proportion of female seals in a
catch, different parties varied in their estimates, some
placing the percentage at about 60 per cent, while others placed it at
75 per cent of the whole. The majority of them quote the latter figure
as being nearest to the probable percentage. The rea-
sons they gave me for there being a greater number
of females killed than males is that the females are generally heavy with
young and are not so active or lively as the males; consequently they are
much easier to capture. The same parties also informed me that the
British Government, in the Bering Sea controversy, would maintain
that the number of females killed is no greater than the number of
males killed, but they stated that such a proposition did not accord
with the facts.

I herewith append to my report specifications for two sealing schoon-
ers, one of 35 tons register and the other of 80tons ss
register, which I submitted to William Turpel, propri- ,,jPeciteations and
etor of the Central Ship Yards, of Victoria, and also to
H. BR. Foot & Co., shipbuilders, of said city, marked exhibits D and E.
I also append the written bids on said specifications that I received
from the said William Turpel, marked Exhibit F, and also the written
bid thereon, which I received from H. R. Foot & Co., marked, Exhibit G.

Mr. Foot, of the last-mentioned firm, stated to me that the cost in
carpentering work to fit such vessels for auxiliary steam would be very
small, and that he would make no extra charge for it should I decide
on putting in such steam auxiliary.

I also append two written bids from Victoria firms __ —
showing cost of furnishing such vessels with steam, ,,Uids for furnishing
marked Exhibits H and I.

All of which is respectfully submitted.

Females in catches.

Reason.

A. J. HENRY,
Special Agent State Department.

EXXHIsit A.
Insurance rates on sealers.

7 per cent per annum, 4 per cent guaranteed, to be — tmsurance rates.
cancelled 24 hours after arrival in port.
For 4 mos. on $1,000 would be equal to guarantee say, 4 per cent, or $40.
For 7 mos. on $1,000 would be equal to 7-12ths of 7 per cent, or $40.83.
Carry 3-4 valuation of vessel and full valuation on invoice of cargo.

EXHIBIT B.
Advertisement of sale of EB. B. Marvin.

{Auction on Monday, Nov. 7th, at 11 a. m.—Sealing schooner.]

1 have been instructed by the managing owner to sell by auction
at my salesroom, Fort and Langley streets, the fine
schooner #, B. Marvin, 117 net and 123 gross tonnage, eae inet
built in Kennebunk, Maine, U.S. Frame and plank-
img of white oak, copper fastened; her bottom was metaled last year.

250 OFFICIAL REPORTS.

She is well known on the Atlantic and Pacific oceans as being the fast.
est of the fleets and one of the best sea-going vessels on the coast,
being one of the few of the fleet that is well adapted to other pur-
poses than sealing, and is well worthy the confidence of any seaman.
The vessel will be sold with all her boats, guns, and outfit now on board.
Inspection of experts is invited. The inventory may be seen on appli-
cation to—
G. BYRNES, Auctioneer.

EXHIBIT C.

Bid for engine and boiler for LE. B. Marvin.

[Victoria Machinery Depot. Machine Shops 17 and 19 Work St., Rock Bay. Agents for The John Doty
Engine Co., of Toronto; Penberthy Injectors; Valvoline Cylinder and Machinery Oils; Magnolia
Anti-Friction Metal, etc. P.O. Box 264. Telephone call 570.]

VicToRIA, B. C., 2nd Novw., 1892.
KE. A. HoLmAn, Esq.,
P. O. Box 506:
DEAR Sir: Referring to your enquiry for engine and boiler to go
Lt Ag into schr. #. B. Marvin, we offer to supply one 14” by
Pid for engine and 16” upright engine, with “Clyde” boiler 84” dia., 120”
ahd Oa long, delivered at Victoria for $4,400.
Yours, truly,
SPRATT & GRAY.

EXHIBIT D.

Specifications of material and manner of building a schooner of 385 tons,
U.S. register, measurement.

Model to be fine, as speed is desired. Internally arranged for a seal
hunter. All cleats, cavels, and fittings for spars shall be of oak, or other
good hard wood. Timber not otherwise specified shall be of good
Puget Sound pine.

Keel.—10x22” including shoe.

Stem.—Side 10” and mold 14” outsideofrabbet. Lock scarfed to keel
and fastened with 3x4” iron.

Sternpost.—14x14”, sided to 6” at top of keel. Secured to keel with
stern knee, fastened with 7-8 iron.

Deadwood.—Side 10’ and mould of sufficient depth to receive the
heels of the cants, fastened with 3-4 iron.

Keelson.—10 x10”, fastened with two 7-8 bolts to each frame driven
from top of keelson to within two inches of bottom of keel.

Frame.—Timbers, side 6” and mold 8” at keel and 5” at deck.
Frames spaced 24” from center to center, fastened to keel with one 3-4
in. bolt. Frame fastening, pine treenail.

Ceiling.—2"” thick from keelson to lower turn of bilge; thence to
deck 3” thick, fastened with 4 and seven inch spikes.

Clamps.—4x10”, worked on to ceiling and fastened with two 3-4” bolts
to each frame, one driven from outside and clinched on clamp.

Deck beams.—6x10", fastened to clamps and frame with one 7-8 and
one 3-4” bolt to each end of every beam; hanging knees under each end
of the partner beams.

REPORT OF SPECIAL AGENT HENRY—EXHIBITS. 251

Outside plank.—Garboard 3”, other 24 inches thick, fastened with
composition spikes and pine treenails, two spikes and two treenails
to each frame and plank below the water line, and locust treenails and
galvanized spikes above the water line.

Deck.— 3x3", laid with grain vertical and fastened with 5-16x5 in.
spike, galvanized.

Rail.—3x7 inches, fastened with one 8” aalanized spike to each
stanchion.

Plank-sheer.—3 inches thick, fastened with 6 in. galv. spikes.

Bulwarks.—1 1-4x4 T. and G. pine, fastened with galvanized nails.

Rudder.—Stock ofoak 8’ diameter. Twosetsofcomposition gudgeons.

Windlass.—Double-geared iron gipsy of proper size.

Cabin. —Extending trom side to side at height of rail and fifteen feet
fore and aft, with two lengths of berths and pantry on each side,
painted with two coats of white paint. Stove for heating.

Spars.—Bowsprit, fore and mainmast. Maintopmast. Two booms,
two gaffs of good material, and made with proper proportions.

Sails.—Jib foresail and mainsail, of No. 3 cotton duck; staysail and
gafftopsail of No. 8.

Rigging.—Wire standing rigging of proper size and length.

Steering gear.—Wheel and tiller, ropes and blocks.

Anchors.—One of 450, one of 350, and one of 120 pounds.

Chains.—45 fathoms 3-4 in. and 45 fathoms 5-8 in. chain; one coil
34 in. manilla rope for kedge line.

Caulking.—The vessel shall be well caulked and made tight.

Painting.—There shall be two coats of good copper paint on the
bottom and two coats of whitelead paint elsewhere that paint is re-
quired.

Yawl boat.—There shall be a 12-foot yawl boat and 4 oars. There
shall be one spirit compass, side anchor, and cabin lamps; knives, forks,
and dishes for cabin. From the main hatch forward in the hold will
be fitted a place for cooking and for the crew to sleep.

Notwithstanding omissions in the preceding specifications, they are
intended to cover the building and equipping for sea aschr. of 35 tons,
with the exception of valley furniture. Nautical instruments not
included in the above. Water casks and ship’s stores.

EXHIBIT E.

Specifications for building a schooner of about 80 tons, U. S. register
measurement.

Vessel is intended for a seal and otter hunter, and must be a good
sailer.

Rudder stock and all fittings for spars shall be of oak or other good
hard wood. All not otherwise specified shall be good Puget Sound
pine.

Keel.—12x24"’, including shoe.

Stem.—Side 12” and mold 15” outside of rabbet.

Sternpost.—16x16”, sided to 8” at top of keel. Secured to keel by
stern knee and composition dovetailed plates and fastened with 7-8”
iron.

Deadwood.—Mold of sufficient depth to receive the heels of the cants
and fastened with 7-8 iron.

252 OFFICIAL REPORTS.

Frame.-—Timbers, side 8’’ and mold 10” at keel and 6” at the deck;
frames spaced 28” from center to center and fastened to keel with one
34 in. bolt. |

Keelson.--12x14”". Fastened with two 1” bolts driven from top of
keelson to within 2 in. of bottom of keel.

Ceiling.-—3” thick from keel to lower turn of bilge, then six streaks
4 by 10”, fastened with 2 2” bolts to each frame and plank. Thence
to deck 3” thick, fastened with 7 in. spikes.

Jlamps.—-Six by twelve inches, worked onto the clamps and fastened
with two 7 in. bolts to each frame.

Deck beams.—8x10". Partner beams 8x12”, fastened to clamps with
two ~ in. bolts to each endof every beam. Partner and hatch beams to
have banging knees.

Outside plank.--Garboard 4”, Other 3” thick, fastened with compo-
sition spikes, and pine treenails below the water line (square fastened)
and galvanized spikes and locust treenails above the water line.

Plank-sheer..—4" thick, fastened with galvanized spikes 4x4’’, laid
with grain vertical and fastened with 3x6" galv. spikes. Rail, 4x10*,

Bulwarks.—1}x4", fastened with galvy. nails.

Cabin.—Extending from side to side at height of rail and fore and
aft 15 feet, finished with one stateroom and six open berths. Water-
closet and pantry and stove.

Forecastle—In the hold forward of the main hatch there shall be
berths for the crew and a place for cooking.

Rudder.—Stock 10’, white oak, composition gudgeons,

Steerer.—Reed’s patent (diamond screw).

Windlass.—Pumpbreak, 16-inch purchase.

Anchors.—One 550, one 450, and one 200 Ibs.

Chains.—45 fathoms of 1 in. chain, 45 fathoms of 7 in. chain.

Spars.—F ree from bad knots and properly made.

Sails.—Jib foresail of No. 1, flying jib No. 5, staysail and gaff top-
sail of No. 7, cotton duck.

Rigging.— Wire standing and manila running rigging, one coil 4 in.
kedge warp.

Caulking.—The vessel shall be properly caulked and made tight, and
the seams cemented below the water line and white-leaded above.

Painting.—Bottom shall have 2 coats of good copper paint. Else-
where 2 coats of white-lead paint.

There shall be a fourteen-foot yawl boat and four oars, one spirit com-
pass, side and anchor lights, cabin table, lamps and dishes, a foghorn,
hand lead, and line.

It is understood that the vessel will be fully equipped and ready for
sea, constructed of good material and in a workmanlike manner, except-
ing galley furniture, water casks, nautical instruments and ship’s stores.

ExuHibitT F.,
Bid for building 35-ton schooner.

CENTRAL SHIP YARD,
Victoria, B. C., Nov. 16, 1892.

I do agree to build a thirty-five ton sealing schooner, and furnish
model and all material. She will bea fast sailer. Will
be next to | Haleyonj. I will furnish first-class stock and
do the work to the satisfaction of who may superintend the building.

Bid for schooner.

is»

REPORT OF SPECIAL AGENT HENRY—EXHIBITS. 253

All will be done in accordance with the specifications now on view, for the
sum of five thousand dollars. This includes [—?] lining and sternpost
for steam, if required.

Wu. TURPEL.

EXHIBIT G.

Bid for building 80-ton and 35-ton schooner with auxiliary steam.
[Private.]

WARREN’S WHARF,
Victoria, B. C., Nov. 16, 1892.
BK. A. HOLMAN,
Victoria:

DEAR Str: With reference to your enquiring as to prices of
schooners, we have to say that we could supply a
schooner of eighty tons measurement, finished and
found as per your specifications, for the sum of eight thousand seven
hundred and fifty dollars ($8,750.00).

A schooner of thirty-five tons we could supply for four thousand
three hundred and twenty-five dollars ($4,325.00).

In both cases we will guarantee a model which will give satisfaction
as to speed and seaworthiness.

We would also mention that in case of your giving us the order, we
should be able to build under cover, which would be of great advantage
to the hull in winter.

With regard to putting in auxiliary steam power, we are only pre-
pared to submit approximate prices, as we have had
no time to get prices from manufacturers. We think ,, \Av cost of steam
an 8’’ x 10” engine would be about the size for the larger
vessel, and the cost of that, with an upright boiler, would probably be
about $2,000.00 extra.

For the smaller one, a 6” x 8” engine, with upright boiler, would be
about $1,000.00 extra.

We might possibly reconsider the above prices on getting further
details as to the construction, etc.

Yours, etc.,

Bid for schooner.

H. BR. Foot & Go.

[Mr. Foot states that the cost in the carpenter work to fit them for
aux. Steam would be small, and he wouid make no extra charge for it,
should we decide on putting in the steam auxiliary. |

EXHIBIT H.
Bid for furnishing marine engines.
(Victoria Machinery Depot. Machine shops, 17 and 19 Work street, Rock Bay.]

Victoria, B. C., 18th November, 1892.
KE. A. HOLMAN, Esq.,
Victoria:
DEAR SiR: Your favor of the 14th to O. P. St. John, Mgr. Jno. Doty
Engine Co., for whom we are agents here, has been

handed to us for reply, and we beg to quote as follows: 4" steam engino.

254 OFFICIAL REPORTS.

One 8x8” marine engine, with “Clyde” boiler 48 inches diar., 72
inches long, for $1,175.

One 10’ x10” marine engine with “Clyde” boiler 60 ins. dia., 78
inches long, for $1,850; both delivered at Victoria; or we will furnish
both for $2,800 if ordered together.

The above prices include the following articles:

Engine with link motion, feed-pump or injector, thread-bearing,
wheel to throw off centre, propeller shaft and couplings, propeller,
stern-bearing, stern pipe and stuffing-box, throttle-valve, lubricator,
_ oil cups and drain-cocks, bilge syphon, sea-cock and flanges, feed-water
heater.

Boiler with grate-bars and castings, smoke-box, smoke-stack, stay-
band, stop-valve for steam-pipe, globe valve, check-valve, exhaust-
pipe, water-pipe, rain curtain, steam gauge, gauge-cock, blow-off cock,
glass water-gauge, steam-pipe, whistle, safety valves.

Yours, truly,
SPRATT & GRAY.

ExHrsit I.

Bid for furnishing engines for 80-ton and 35-ton schooners.
(Office of the Albion Iron Works Co., Ld., engineers, iron-founders, and boiler-makers.]

VictoriA, B. C., November 18, 1892.
E, A. HOLMAN, Esq.,
P. O. Box 506, Victoria:
DEAR SiR: This company will supply you with one engine, 7” and
14” x12”, tandem compound, and one boiler, 5/ 6//
Bid for steam engine. dia.x8/ long, outside condenser, and 2-blade propeller,
5’ 6” diameter, for your 80-ton schooner, for the sum of
$3,100; and one engine 6” and 12’’x8”, tandem compound; one boiler,
4’ 6x7 long outside condenser, independent air pump, 2-blade pro-
peller, 4’ 6” diameter, for the 35-ton schooner, for the sum of $2,200.
These prices are for machinery set up in boats.
Yours, truly,
W. I’. BULLON,
Manager.

STATE OF CALIFORNIA,
City and County of San Francisco, ss.:
A. J. Henry, being duly sworn, deposes and says: The foregoing re-

port made and signed by me is true in every particular.
A. J. HENRY.

Subscribed and sworn to before me this 19th day of November, A. D,
1892
[L. S.] CLEMENT BENNETT,
Notary Public.

REPORTS U. S. CONSUL MYERS. 255

REPORTS OF U. S. CONSUL MYERS.
Dispatch No. 196 from Consul Myers.

CONSULATE OF THE UNITED STATEs,
Victoria, B. C., November 10, 1892.

Honorable WILLIAM F. WHARTON,
Assistant Secretary of State, Washington, D. C.:

Str: I enclose with this dispatch five special reports, part of which
I have been instructed to make. They are entitled as follows:

Citizenship of “Joseph Boscowitz,” “Indian Hunters,” “Indian
Canoe Coast Catch,” ‘ Registered Owners,” “Value of a Sealing
Schooner.”

The first four named do not seem to call for comment or explanation.
Their import and purpose are obvious.

The fifth, relating to the sale of the schooner H. B. Marvin, is sig-
nificant, as indicating the cash value of a vessel of that description.
In my enumeration and valuation of schooners, April 29, 1892, I placed
her value at $9,500, which was decidedly above what she was actually
worth, $6,300, as shown by her sale. This convinces me that my esti-
mate at that time was much too high throughout the list, but I wanted
to be fair, and even liberal, with the sealers. With regard to the valua-
tion of schooners and their outfits by the sealers themselves, I think
they areat least twice as much, on an average, as the facts would justify.

I am, sir, your obedient servant,
LEVI W. MYERS,

Consul.
{Enclosures as Above Indicated.]

CITIZENSHIP OF JOSEPH BOSCOWITZ.

Joseph Boscowitz, for many years last past a resident of Victoria,
British Columbia, stated to me on October 24th, 1892, that he has been
all these years, and is now, a citizen of the United States of America.

Levi W. MYERS,
Consul.
UNITED STATES CONSULATE,
Victoria, British Columbia, November 7, 1892.

INDIAN HUNTERS.

There are eleven Indian reservations on the west coast of Vancouver
Island, and in 1891 they contained a total Indian population of 2,864.
It is from these reservations that the supply of Indian hunters are ob-
tained for the British Columbia sealing fleet. Statistics obtained at
the Victoria custom-house give the number of Indian hunters employed
since 1886 as follows:

No. of hunt-
Year erat
OS eee terete eerie tetcta tel aleie Seria 5 eee oe Seber minis ictainta sinisisinisjateemcmicle as eetnea Se sleds Sesion 80
PES feeeetactetettetarwecie(atn(s clcin/once a siete swine sine ete mainte. eens sm cic site cuccoecabeoes ot 100
RESO eee tet cee Men oe cnc e wat n eee aa mee mee ee ceee cee obebe sus lee ce deadeacdeebbcdaan No_ figures
given

Meets eats ese te ere e cists a ao Meee nomen eee ce eae aa se cet emast ccd cece scecactcetieses

LMG) 2: Sondacoc bon Ron DASE OU SE OSSESSOGUe Tet Se eee DEE Se Bec iaen iE Mote aie eee a 290
Paes oer sia te ate chien clare ol ae ane erate oe roto onine Sie tiene cen caeedeeetesscleauseen 445
1A as SiS Dee SAA COREA DOO CONG ULE BOCES EC ADO OFGE CES EERE See eee ce te eee ef 495

256 OFFICIAL REPORTS.

A majority of these hunters are unmarried young men. It would,
perhaps, be a liberal estimate to say that for this year one-third of the
coast Indians, or 1,000 persons in all, profited or were in some way de-
pendent on the British Columbia sealin g fleet for a livelihood.

LEvI W. MYERs,
Consul.
UNITED STATES CONSULATE,
Victoria, British Columbia, November 10, 1892.

INDIAN CANOE COAST CATCH.

Statistics as to this catch are meagre, no attempt having been made
by the Victoria customs-officers to collect them until a year or two ago.
In 1891 the customs reported an Indian coast catch, or canoe catch,
of 404 skins. Harry Guillod, the Dominion Indian agent for the west
coast of Vancouver Island, in his report for the same _ period,esti-
mates the canoe catch at 1,500 skins. The agent’s estimate is probably
the nearest correct, for the reason that the skins are brought to Vic-
toria in small lots, some which would be overlooked by the customs
authorities.

The canoe catch for 1892 is placed by the customs officers at 1,500
skins.

It is safe to estimate the annual canoe catch on the Vancouver Island
coast at 1,000 to 1,500 skins, and no doubt it was greater in former
years, owing to the greater number of seals and the ease with which
they were approached.

LEvI W. MYERS,
Consul.
UNITED STATES CONSULATE,
Victoria, British Columbia, November 10, 1892.

REGISTERED OWNERS.

The following are the names of the registered owners of sealing
schooners, as shown by the official records of the custom-house of this
port, clearing from Victoria, British Columbia, and which were seized
by United States Revenue vessels in 1886 and subsequent years in
Bering Sea, charged with illegal seal-catching.

Carolena,—William Munsie, sole owner for the years 1886, 1887, and
1889.

Anna Beck.—Thomas Henry Cooper, sole owner for the year 1886,
1887, and 1889.

Thornton.—James Douglas Warren, sole owner for the years 1886,
1887, and 1889.

Onward.—Daniel McLean, 32 shares; Charles Spring, 32 shares, for
the years 1886, 1887, and 1889.

Ww. e. Sayward. — Thomas Henry Cooper, 32 shares, and Andrew
Laing, 32 shares, in 1886; Jean Ann Scott and Isabell Scott, joint
owners of 32 shares, and ‘Thomas Henry Cooper owner of the remain-
ing 32 shares, in 1889.

Grace. —Thomas Henry Cooper, sole owner for the years 1886, 1887,
and 1889.

Dolphin.—Thomas Henry Cooper, sole owner for the years 1886,
1887, and 1889.

REPORTS U. S. CONSUL MYERS. 257

Ada.—Christopher Lee, 32 shares; James Robinson, 32 shares. Ada
was registered at Shanghai.

Alfred Adams.—Jacob Gutman sole owner in 1886; Morris Moss in
1888.

LEVI W. MYERS,
Consul,
UNITED STATES CONSULATE,
Victoria, B. C., November 7, 1892.

VALUE OF A SEALING SCHOONER.

The sealing schooner HL. B. Marvin was sold at public auction at this
port November 9, 1892. The price paid, including one suit of sails,
Six sealingboats, seven shotguns, and one brass signalgun, and one
chronometer, was $6,800.

The Marvin is one of the largest of the Victoria sealing fleet; tonnage,
117. She came from the Atlantic coast, was registered at Kennebec,
Maine, and transferred to the British flag at Victoria, December 18,
1888, and is the only vessel of the fleet from the eastern coast built of
oak. She was formerly called the Mollie Adams. She is in good con-
dition, having been newly coppered last winter or spring, at a cost of
$3,200, including other repairs.

She was bid in by R. Seabrook of this city.

This sale and the price paid is an important indication of the value
of sealing-schooner property in this port. She is the largest except
one (the Sapphire) of the sailing fleet; is eight years old, in good repair,
and included in the sale was the outfit of equipments above enumerated.

LEVI W. MYERS,
Consul.
UNITED STATES CONSULATE,
Victoria, British Columbia, November 10, 1892.

Dispatch No. 197 from Consul Myers.

CONSULATE OF THE UNITED STATES,
Victoria, B. C., November 24, 1892.
Honorable WILLIAM F. WHARTON,
Assistant Secretary of State, Washington, D. C.:

Sir: With this dispatch are inclosed eight special reports, and a
document! containing extracts from the evidence in the supreme court
of British Columbia, in cases, wherein the litigants were J. D. Warren
and Joseph Boscowitz, of Victoria, B. C., and which extracts set forth
the business relations of these parties for a number of years, including
1885, 1886, and 1887, and the interest Joseph Boscowitz, an. American
citizen, had in the sealing schooners seized by United States officials
in 1886 and 1887. These special.reports are designated as follows:

“Registered Tonnage Record;” “General Statisties;” ‘Average
Catch per Schooner;” “Mortgages on Seized Schooners;” ‘Cost of
Sealing Boat and Outfit;” “Firearms used by Seal Hunters;” “Cost

12364——-17 ' See pp. 301-320, :

258 OFFICIAL REPORTS.

of Ammunition;” “Division of the Seal-skin Catches by British Colum-
bia Sealers;” and the “Document of Extracts from Evidence.”?
Iam, sir, your obedient servant,
LEvI W. MYERS,
Consul.

[Inclosures as above indicated.]
REGISTERED TONNAGE RECORD.

The registered tonnage of the sealing schooners named in the list
found below is as follows, according to the register of said vessels in
the custom-house at Victoria, British Columbia:

Registered
Bani tonnage.

Anna Beek ...---.---0<2c0c20 ence cee e nace nae n eee n en en ec ee ence ewe n nsec cnne nae essnnnensece= 40. 38
Carolema....2--- 202-2 2c en once sean n ee nnn ne cane eee eee ene ns ea seen seen an nn ewinen een emn 31. 90
Thornton...--------- Gees cee cere gee cee mse ones cm am minima alanine in icletm alata =] imletaints ia ahoteatela 29. 36
Onward - 22-2 se.2- = ose cece nese ncaa en = oo a eens eases se decimate a So atee Sebastes eee 35. 20
W...P. Sayward. ---.---.-.-- we bislneaS ome a= mms cimnininn cows sintyeieln aim aininla bp eels = onl init mois eine 59.79
Grace (steamer) .-..---.---------- 2-2 eo ene enn ne ne enn ne ne ee 76. 87
Dolphin (steamer) -.-.----------------+-------------22-2-02--0--- == HBSS SEO COP eSer ses = 60. 10
INOS caces gato ccnininic oss pon ome aie a oes lai mea sle a ents mila iim aj ie, 9) simi om mm lem ol ae 56. 95
Alfred) Adams): 252.6 o 0255212. soc ein cew aber tees ssnnesasas csi eeeaels simian n ain ss mens ate 63.75

A. R. MILNE,
Collector of Customs.
Customs: Canada, Victoria, B. C.,
November 22, 1892.

UNITED STATES CONSULATE, BRITISH COLUMBIA,
Victoria, B. C., November 22, 1892.

I, Levi W. Myers, Consul of the United States at Victoria, B. C., do
hereby certify that the signature of A. R. Milne at the foot of the writ-
ing hereunto attached is his true and genuine signature made and ac-
knowledged in my presence, and that the said A. R. Milne is person-
ally known to me; and I do further certify that he is collector of cus-
toms at the port of Victoria, British Columbia.

In witness whereof, I have hereunto set my hand and affixed the
seal of the consulate, at Victoria, B. C., this day and year next above
written, and of the Independence of the United States the one hundred
and seventeenth.

[SEAL. | Livi W. MYERS,

. Consul of the United States.

GENERAL STATISTICS.

The statistics given below present the number of schooners of all
nationalities chartered and fitted out in’ British Columbia for pelagic
seal-hunting in the North Pacific Ocean and Bering Sea for the years
1881 to 1892, inclusive. The number of boats and canoes, number of
crews including whites and Indians, and the éatch of seal skins are
also given for the above-mentioned period:

1881,

Total number of schooners, 10—British, 9; American, 1. Number of
poats, 12; canoes, 146. Total crews, 338—whites, 46; Indians, 292.

[! This inclosure will be found with the “Matter relating to ownership of certain
sealing vessels seized by the United States,” post p. 301.]

ee eee ‘To

REPORTS U. S. CONSUL MYERS. 259

Catch was between 13,000 and 14,000 skins. No authentic statistics as
to catch, which was all made off the Pacific coast.

1882.

Total number of schooners, 13—British, 12; American, 1. Number
of boats, 15; canoes, 200. Total crews, 454—whites, 54; Indians, 400.
Catch, 17,700. All coast catch.

1883.

Total number of schooners, 10—British, 9; American, 1. Number of
boats, 12; canoes, 148. Total crews, 336—whites, 40; Indians, 298.
Catch, 9,195. The small catch of this year is accounted for by a series
of severe storms along the coast.

1884,

Total number of schooners, 11; all British. Number of boats and
canoes (not given). Total crews, 156—whites, ——; Indians (not given).
Catch estimated at 16,500. All on coast.

1885.

Total number cf schooners, 15; all British. Number of boats and
canoes (not given). Total crews, 189—whites, 189; Indians (not given).
Catch, lower and upper coast combined, 26,270; Bering Sea catch, 1,200,
Total, 27,470.

1886.

Total number of schooners 20—British, 16; American 3; German 1.
Number of boats, 83; canoes, 36. Total crews, 372—whites, 252; In-
dians, 80. Catch, lower and upper coast combined, 13,989; Bering
Sea catch, 13,408; total, 26,212.

1887,

Total number of schooners, 21—all British. Number of boats, 90;
canoes, 48. Total crews, 411—whites, 311; Indians, 100. Catch,
lower and upper coast combined, 12,948; Bering Sea catch, 14,595;
total, 27,543. :

1888.

Total number of schooners, 17—British 15; American, 2. Number of
boats and canoes (not given). Total crews, 294—whites, 294; Indians
(not given). Catch, lower and upper coast combined, 6,919; Bering
Sea catch, 15,727; total, 22,646.

1889.

Total number of schooners, 24—British, 23; German, 1. Number of
boats, 72; canoes, 194. Total crews, 646—whites, 261; Indians, 385.
Catch, iower and upper coast combined, 12,703; Bering Sea catch, 16,958,
Total, 29,661,

260 OFFICIAL REPORTS.
1890.

Total number of schooners, 30—British, 29; German, 1. Number of
boats, 107; canoes, 145. Total crews, 628—whites, 338; Indians, 290.
Catch, lower coast, 4,870; upper coast, 16,742; Bering Sea, 18,596.
Total, 40,208,

1891.

Total number of schooners, 54—British, 53; American, 1. Number
of boats, 234; canoes, 176. - Total crews, 1,184—whites, 739; Indians,
445. Catch, lower coast, 4,127; upper coast, 17,443; Bering Sea, 29,246,
Total, 50,816.

-

1892.

Total number of schooners, 66—British, 65; American, 1. Number
of boats, 273; canoes, 250. Total crews, 1,447—whites, 952; Indians,
495. Catch, lower coast, 4,579; upper coast, 24,585; Asiatic (Copper
Island) catch, 14,805. Total, 46,125.

LEVI W. MYERS,
Consul.
UNITED STATES CONSULATE,
Victoria, British Columbia, November 23, 1892.

AVERAGE CATCH PER SCHOONER,

The table found below shows the average catch per schooner of the
Canadian sealing fleet from 1881 to 1892, inclusive. The statistics
contained therein have been gathered from Canadian official and other
authentic sources and are believed to be correct:

Total Average °
No. of Total | Average rar fatale ss
Year. : : Bering Sea| Bering Sea.
vessels. | catch. catch. earache cana
9 14, 000 1 By Se Aaaaebac -\ecc! soos Sc
12 17, 700 Tee YA MEP SE Se cle Se [oceetecee ees
9 9,195 DOOD | Ses ahs Ee ee eee
11] 16,500 1.500 |. 2.02: cael re eee
15 27,470 1, 821 1, 200 80
16 24, 144 1, 509 12, 223 764
21 27, 543 1,311 14, 595 695
15 22,415 1,494 15, 622 1, 041
23 27, 960 1, 215 15, 497 673
29 39, 547 1, 364 18, 596 642
53 49, 661 937 28, 605 539
65 46, 125 722 *14, 805 227
*Asiatic.
LEVI W. MYERS,
Consul,

UNITED STATES CONSULATE,
Victoria, British Columbia, November 22, 1892.

.

REPORTS U. S. CONSUL MYERS. 261
MORTGAGES ON SEIZED SCHOONERS.

The mortgage record in the custom-house at Victoria, B. C., shows
that on Canadian sealing vessels seized in Bering Sea by armed vessels
of the United States for alleged infraction of American sealing rights,
the following-mentioned mortgages are recorded:

On the Thornton, in 1886, a mortgage of $4,000 and interest in favor
of Joseph Boscowitz.

On the Anna Beck, in 1886, a mortgage of $6,000 and interest in
favor of Joseph Boscowitz.

On 32 shares of the W. P. Sayward, in 1887, a mortgage of $2,500 in
favor of Joseph Boscowitz.

On the Grace, in 1886, a mortgage of $6,000 and interest in favor of
Joseph Boscowitz.

On the Dolphin, in 1886, a mortgage of $6,000 and interest in favor
of Joseph Boscowitz.

On the Carolena, in 1886, a mortgage of $1,000, no interest, in favor
of A. J. Bechtel.

Joseph Boscowitz and A. J. Bechtel were in those years citizens of
the United States.

LEvI W. MYERS,
Consul.
UNITED STATES CONSULATE,

Victoria, British Columbia, November 23, 1892.

COST OF SEALING BOAT AND OUTFIT.

_ The following is the cost of a sealing boat and outfit, new, Victoria
prices:

GniegsaalinowbOah sees fa..ce sae cena cate sunt Oe betas aco i se neb aemeuaklse at $110. 00,
GME Stilley Ol POLOree eee an eee cee owas ee ans coaattalsaiae cae Creeie ore 4.00
AW OsDAITeCOALS: ai tae20) POMP alle. soa soos cue etc ce ae eeecednc Sent cee tom seca 4.50

BURG tel epee re pejeranarats re escent te ices. toe ee ee ee mes re eye tet oe 118. 50

The boats are made usually of white pine. The sail and pole are, as
a rule, made aboard the schooners by the boat’s crews.
LEvI W. MYERS,
Consul,
UNITED STATES CONSULATE,
Victoria, British Columbia, November 22, 1892.

FIREARMS USED BY SEAL HUNTERS.

Both British and American firearms are used by seal hunters.

The principal British shotguns used are manufactured by W.
Richards, C. G. Bonehill, and F. 8. Harrison. The Richards gun is
worth in Victoria from $30 to $35. The Harrison and Bonehill guns
are worth $60.

The American shotguns used are the Parker Bros., Lefevre, L. C.
Smith, and Clayborough. The Parker guns are worth from $50 to
$100, according to grade. A good many hammerless Parkers are used.
They are worth about $55. The Lefevre, Smith, and Clayborough
firearms average from $50 to $60.

262 OFFICIAL REPORTS.

When a hunter uses a high-priced gun it is usually his private prop-
erty, and is not supplied by the outfitter of the schooner.

The Winchester repeater is the principal rifle used, in sizes as follows:
38-55, 40-60, 45-60, 45-70, 45-90. The average price is from $18.50 to
$21. A few Marlin rifles are used and cost about $20 each.

Numbers 8, 10, and 12 shotguns are used. A majority of the hunters
seem to think the No. 12 gun (the smallest bore) the most effective
for killing seals.

No muzzle-loading firearms are used.

LEviI W. MYERS,
Consul,
UNITED STATES CONSULATE,
Victoria, British Columbia, November 22, 1892.

COST OF AMMUNITION.

The following from an authentic source is the estimate of the amount
and cost of ammunition for a Canadian sealing schooner carrying six
sealing boats, and with a crew of 22 white men. Voyage to last the
entire season, Victoria prices:

Estimate of ammunition.

10 kegs powder (25 pounds each) at $7 per keg .......... .-...--.---...22-5- $70. 00
40 sacks shot. (4 sacks to 1 keg of powder) at $1.50 per sack...-.....-------- 60. 00
25;000 wads, at'75 cents per thousand)....0.2 vscieccnjscte eee eacetet esses eee eee
15; O00 primers, ‘ab 90 cents per thousand =~. 22 na. ces cc eer ce eee so nl oeeas a= 13.50
4,300) brassishells, at $7 per hundred <2... 22 o-..2-16 -<-<n-2-seson= ceee ease nee 91. 00

Lota Fc. beeen es eet Seles aoe See coe ees SoC ee oe ee eee 258. 25

The shot used are Nos. 1 and 2 buckshot and “ Four A” shot.
Levi W. MYERS,
; Consul.
UNITED STATES CONSULATE,
Victoria, British Columbia, November 22, 1892.

DIVISION OF THE SEAL-SKIN CATCHES BY BRITISH COLUMBIA SEALERS,

The practice of dividing the sealing season into “ catches”—that is
the “lower coast catch,” “upper coast catch,” and “‘ Bering Sea catch,”
is of recent origin. It began, substantially,in 1889. Up to that year
the custom of sealing captains was to carry all the skins they took on
the way to the North Pacific along with them into Bering Sea and to
retain posession of them all through the season, returning with them
to Victoria at its close. All attempts, therefore, to divide the skins
taken in any one year prior to 1889 into “coast catches” or “‘ Bering Sea
catches,” are estimates, and, to an extent, unreliable. So, when it is
stated that 13 schooners took 30,955 skins in 1886, the statistician is
careful to say “in and about” Bering sea, and not that they were all
taken in Bering Sea. The total catch of that year, including the North
Pacific and Bering Sea catches, was only 24,144, as returned by the
custom-house records at Victoria. Other illustrations of the misleading
character of these reported “catches” could be given.

The basis of a proper and accurate division of the season’s work was
first furnished in 1889, when the schooner Wanderer was sent north to

REPORT TREASURY AGENT LAVENDER. 263

bri1_g down the North Pacific catches. She arrived at Sand Point June
25, and accomplished her mission, the relieved schooners going thence
into the sea.

In 1890 the steamer Mischief went on a like mission, taking the skins
off the schooners at Northeast Harbor June 22.

In 1891 the steamer Danube went north and met the schooners at
Alitak Bay June 20.

In 1892 the Coquitlam was the steamer employed, meeting the
schooners at Tonki Bay and Port Etches, and being seized by the
Corwin at the latter place June 22.

LEVI W. MYERS,
Consul.
UNITED STATES CONSULATE,
Victoria, British Columbia, November 23, 1892.

REPORT OF TREASURY AGENT LAVENDER.

OFFICE OF SPECIAL AGENT TREASURY DEPARTMENT,
Saint George Island, Aug. 31st, 1892.

J. STANLEY-BRowjy, Esq.,
U. S. Treasury Agent in charge Seal Islands,
Washington, D. C.:

DEAR Str: A eareful examination of all the rookeries on this island,
[was] made the 29th inst., for the purpose of ascertaining the number of
dead seal pups (if any) to be found on the breeding grounds. I have the
honor to make you the following report: On North Rookery there were
sixteen (16) dead pups, most of which were near the water where they
had been killed by the surf, which is frequently the case when they are
learning toswim. On Starri Arteel but three (3) dead pups were found.
On East Rookery there were nine (9), seven (7) of which were also
killed by the surf. There were no dead pups on Little East Rookery,
and only six (6) on Zapadnie, all of which were near the water.

Very respectfully, yours,
A. W. LAVENDER,
U. S. Treasury Agent in charge St. George Island.

[Certificate of authentication.]
United States of America.

TREASURY DEPARTMENT,
. December 8, 1892.

Pursuant to section 882 of the Revised Statutes, I hereby certify that
the annexed paper is a true copy of an official report on file in this
Department.

In witness whereof, I have hereunto set my hand, and caused the
seal of the Treasury Department to be affixed, on the day and year first
above written.

[SEAL. | CHARLES FOSTER,

Secretary of the Treasury.

264 OFFICIAL REPORTS.

NOTES on THE FUR-SEAL noes OF THE PRIBILOF ISLANDS,
LY 18 TO 31, 1892.

By B. W. EVERMANN, of the United States Fish Commission.

Captain Z. L. Tanner having carried out his instructions and returned
to Unalaska where a board of survey condemned the boiler of the Al-
batross, thus causing some delay before starting off to the Pacific coast,
I decided to devote the time to such an investigation of seal life on the
Pribilof Islands as the few days at my disposal would permit.

On the evening of July 17, I left Dutch Harbor on the Bertha for the
Pribilof Islands. I had with me Mr. N.B. Miller, of the Albatross scien-
tific staff, who accompanied me as photographer.

We landed upon St. Paul Island on the morning of July 19, and re-
mained there until the evening of July 24, when we went bythe Bertha to
St. George Island. Owing to rough weather we were not able to land
upon this island until the evening of July 27. We remained on St.
George Island until the evening of July 31 when we sailed on the
Bertha for Dutch Harbor where we again joined the Albatross.

In view of the limited time at our disposal for the study of the fur-
seal rookeries, the plan was adopted of visiting each rookery at least
once, and of paying daily visits, when possible, to Lukannon rookery,
whose situation and general character rendered it particularly well
adapted for observation.

The following is an account of my observations upon the various
rookeries:

Lukannon Rookery, Tuesday, July 19, from 1:80 to 4 p.m.

Apparently the height of the breeding season has not only been
reached but perhaps passed. From one point I counted as carefully as I
could all the seals in view along the rookery for a distance of about 150
feet, the strip being about 100 feet wide.

Counting them by harems, calling one bull and all the cows and pups
about him one harem, I obtained this result:

Harem. Bulls. | Cows. | Pups.

De ociang aise come eae se eae wins eaaae sbeesa's kccwaese deme cde ac seu desman ee ae nonsense ei 7 26
Diecast Rees eae Ea ve Strate eb ha ate a ERs ts 2 fe ae eye eee Ge cla ttancc o eias Ble ae ome eee 1 6 60
Dinececicisick oe ait Fame cae om ameac wee et ha fe eee oe Raton oie crete Res BSS ete ih 4 20
Bcc a cen cet Se ae aie mane eS on aie wane cack ete rea eae nial ee ae aie ae ae ae ee Eee 1 2 5
Diego cn cues Sacee actos s eRe ens bee ae cel we Bocas Oia ae oe he A a erento 1 27 12
Gir eos e'm ajo casita tm Bee ecco oe cei = eth Soe a as Bicol or ee toy rete arte petal 1 10 15
Md hehe ee Sich they Sars Sr ect NS SACS Ayelet a ener cree ete cme ccs ec aha a= ete Ee etree een 1 2 0
GB das tec/ cade Abbe sees Sonja he hee oe eae Pe ee Se Oot See Deane Beene aaa d i 0 0
Os co .c5i open Settee eee goa dee eke eee se RS ae ere ee ee ea ae al 5 3
NO Se Sse 2 tee ape a arcten admis Sra cierOaNe oa mies cine Se cae cts c Uke. Soe Soe enero 1 12 20
DD cde Santee Rts SSS Se me ie ave Se ah ide one eet See eaten een tees emis aoe 1 4 5
Ura coe se SE Bac ono micie ame a cee aire ee eines eae aia SEE ee eae oe ees 1 5 15
DG Se Se eee ee ee ae Seer Pee Mee See ee SCO a ure | A St oe Nee ee i 6 30
BROGAN SS = erate m= rea ea ee ala cis sn ea a Simeon See Cote al vice ttreben aah ete wine mie ciaictertes 13 90 211

The difference between the number of cows and pups is due to two
facts, viz: 1, a few of the cows have not yet been delivered of their
pups, and 2, most of the cows have already been served by the bulls,
and have been permitted to go out in the sea to feed.

Counting all the bulls, cows, and pups in plain view over a slightly
longer strip, I found 15 bulls, 200 cows, and approximately 600 pups.

B. W. EVERMANN: NOTES ON ROOKERIES, PRIBILOF ISLANDS. 265

This is quite certainly a greater number of pups than belong to the 15
bulls, as the pups have already begun to gather into pods, thus destroy-
ing the integrity of the families. At one end of the area observed was
a very large pod of pups, many of which undoubtedly belong to families
further away. - :

In making the count of harems a good many cows and a great many
pups were not counted, as they did not seem to belong to any particu-
larfamily. These cows had been served, and were consequently allowed
to wander from their lords. ‘The pups, apparently, do not long remain
in the families where they belong, but soon begin to wander about and
to collect for a part of the day at least into large bunches or pods.

From the first count it would appear that at least 121 out of a possi-
ble minimum of 211 cows were out feeding at this time. This is over:
56 per cent. By the second count it appears that out of a necessary
minimum of 600 cows at least 400 or 662 per cent, were out feeding..
These per cents are based, however, upon the supposition that all the:
pups have been born. As some of the cows have quite certainly not:
yet had their pups, the percentage of cows out feeding is even greater
than here indicated.

Lukannon Rookery occupies chiefly a long narrow rocky strip lying
between the water and an approximately vertical bluff. At certain
places this bluff is irregular and broken so that seals can climb to its
top and spread out upon the relatively level land back of it. The fol-
lowing sketches represent roughly four cross sections ot this rookery:

8 few c none

thickly covered
water a eee hs Dyin a ta

1. Cross section near right end of Lukannon Rookery, July 19, 1892.

From a to b the seals were apparently as thick as they ever were;
from b to ¢ there were a few seals, yet the ground showed that it had
all been used at one time; from ¢ to d there were no seals, but the rocks
on this strip were worn quite smooth and there was no vegetation
except a thin coating of the algoid growth so common on abandoned
portions of rookeries.

€ a

thickly covered 2
water P79, ee : :

2. Cross section of Lukannon Rookery at left of No. 1, July 19, 1892.

Seals occupied the entire space from a to b. The space from ¢ to d,
averaging perhaps 100 or 125 feet in width, has been used by seals in
recent years as shown by the smooth worn rocks and the character and
scarcity of vegetation, but only a few bachelor seals were to be found
there now.

3 few C none a

water 2 thickly covered

8. Cross section of Lukannon Rookery at left of No. 2, July 19, 1892.

266 OFFICIAL REPORTS.

Seals were thick between a and b; between b and ¢ there were only
a few scattered seals, while back of ¢ there were no seals, though the
ground showed that it had been covered recently, perhaps within the
past three or four years.

fairly well covered f Bye sy- e

4. Cross section at left end of Lukannon Rookery, July 19, 1892.

This is a sandy beach here, used only as a hauling ground by the
bachelor seals. The space from a to b was pretty well covered, but
back of b toward ¢ there were no seals, though the ground was worn.

< # €ades = a Bae
TF Roz ee, : Ao
oe

5. Plan of Lukannon Rookery, St. Paul Island.

‘The first (dotted) strip along the water front was occupied by seals
July 19, 1892; the second strip had no seals upon it except a few near
the right end (facing the water); all this space was at one time used
as shown by the smooth-worn rocks scattered over the entire area, and
the absence of vegetation over the lower part and the coating of algae
towards the upper portion.

Still back of this is a strip of varying width where the rocks are
evidently seal worn and the ground covered more or less completely
by grass, differing, however, greatly in appearance from the grass
found further back where the rocks are not seal worn at all.

At this time I am confident that not more than two-fifths of the space
which has been used on this rookery is now inuse. Making full allow-
ance for the tendency of the pups and bachelors to wander more or less
and thus occupy different spots at different times, I think it would be
far within the limit to say that the area now occupied by the seals on
this rookery is not more than three-fifths of what it has been in recent
years.

The space now oceupied is entirely free of vegetation; the ground is
smooth and hard, and therocks are all worn smooth. The area, which
was apparently used last year, or the year before, but which is not used
now, shows the smooth rocks and hard ground, but instead of being
bare of vegetation is more or less completely covered with a thin coat-
ing or matting of algoid growth. The strip still further back, which
evidently was at one time used, is now covered more or less with grass,
but it is shorter than is the grass where seals have never hauled, and
has a dead or burnt appearance. ;

At this left end of this rookery is a sandy beach where bachelor seals
haul, but at the time of my first visit there were only a few seals there. .

B. W. EVERMANN: NOTES ON ROOKERIES, PRIBILOF ISLANDS. 267
Lukannon rookery, July 20, a.m.

Visited this rookery again this morning. Compared with its condi-
tion yesterday, very little change was noticed. The families were
somewhat less distinct and the bachelors at the left end had shifted their
position somewhat.

Lukannon rookery, July 21, p.m.

Visited this rookery again this afternoon. The families are very
much more broken up than they were two days ago. The majority of
cows have gone out to sea to feed and the pups have collected more
into pods or along the water’s edge, where they spend much time play-
ing in the water and learning to swin.

Inkannon rookery, July 23, a.m.

Spent the entire forenoon watching the seals at this rookery.

Compared with the conditions observed on July 21 a good many
bachelors had pretty well filled up the space at the north end of the
rookery and had extended further north along the shore. All this space
is covered with large well-worn rocks lying from 1-12 to 6 feet apart.
There is no grass on this, but southward and westward is a large area,
averaging perhaps 200 feet wide, which is covered with seal-worn rocks
in the same way, but has been unused for so long a time that it is now
well grown over with grass. Near the north end of the breeding ground
seals appeared much more numerous than on the 21st inst., due, no
doubt, to the return of many cows that had been out at sea feeding.

The families are much more broken up to-day than on the 19th inst.,
a great many pups being seen with no cows near them. I counted five
dead pups on this rookery.

Cows are coming and going all the time, the water near-shore being
well filled with seals, and the immediate water front being thiexly cov-
ered with cows and pups, the latter venturing into shallow water a few
feet, then returning to the rocks. Most of the bulls were lying quietly
about, many apparently sleeping.

From 4 to 3 of the pups were crawling about, playing or trying the
water; others were lying quietly around in pods of various sizes, while
Some were scattered about and more or less isolated.

A good many cows were lying some distance away from any families
or were moving about the water frontwithout being interfered with in
any way by the bulls.

At one place I watched for some time 20 or 30 pups playing in the
edge of the water. None ventured out more than four feet, while most
of them seldom went beyond the very small pools among the rocks. I
Saw one pup Swimming about 4 feet from the shore, when, what I took
to be a cow, but what might have been a bachelor, jumped from a rock
into the water immediately in front of the pup and drove it back to the
rocks, following it up until it had crawled upon a rock. Whether this
was merely accidental or was done intentionally by the cow (or bach-
elor) to prevent the pup from going too far out in the water I can not,
of course, Say.

A little later, at the same place, I saw what I took to be a cow pick
up a pup, swim with it in her mouth out about 6 feet, then let it go.
The pup struck out at once for the rocks, swimming fairly well. Then
the cow came on the rocks and fondled the pup. It seems certain to
me that this was her pup, and that she was teaching it to swim.

268 OFFICIAL REPORTS.

I notice to-day that the pups are able to crawl about upon quite high
rocks almost as well as the old seals.

During my visits to the various rookeries on St. Paul Island, between
July 18 and July 25, 1 saw but one pup born and that was on Lukamnon
rookery, July 23. Several others were seen in different places which
had Eick born but a short time before (in some instances apparently
but a few minutes). It is quite certain pups were being born now and
then, but the opportunities for getting close enough for careful obser-
vation were not good except in ‘Tookeries situated like Lukannon.

Ketavie rookery, St. Paul Island, July 19, 1892, p.m.

This rookery is to the right of Lukannon rookery and searcely dis-
tinct from it. It is of the same general character as Lukannon, but the
ascent from the water’s edge to the grassy plain is more eradual. The
cows were more huimerous, proportionately, than in Lukannon and
there were very few bachelors.

The same general appearance was presented here as on Lukannon—
a strip immediately along the shore well covered, a second strip with
rocks worn smooth; hard, smooth ground with no vegetation except
the algoid coating, then a strip with smooth rocks, hard “smooth ground,
more or less with short, pale or bleached grass.

Ketavie rookery, July 20, a. m.

Visited this rookery again this morning for a short time.

To the right of this rookery is quite a distance of shore line, say
1,000 feet a, to b, which has been used as rookery and hauling ground
by the seals, but upon which no seals are seen now, thus:

1. Thick breeding ground.

2. Bunch of bachelors.

To the left of c the bulls, cows and pups were quite thick in most
places along the water front in a strip averaging perhaps 40 feet wide.
Lying back of this is a broader strip, as much as 180 feet wide in some
places, which has been used, but on which there are now no seals.

I think it a reasonable estimate to say that if all the bare area in
this rookery were occupied as closely all over as it is in spots fully
eight times as many seals could find room; and the grass-grown por-
tion, being free of rocks, would furnish room for a great many more, so
that it is pretty certain that there is room upon the Ketavie rookery
for fifteen times as many seals as are there now.

The Ketavie rookery evidently contains a greater percentage of cows,
as compared with the number of pups, than does the Lukannon rookery.

B. W. EVERMANN: NOTES ON ROOKERIES, PRIBILOF ISLANDS. 269

Standing at a point near the middle of this rookery and counting all
the seals in plain sight, I counted fifteen bulls, 160 cows, and 325 pups.
Six dead pups were seen here.

Reef Rookery, July 20, p. m.

Pups do not seem to be as numerous here as they are on Lukannon.
There are more very large bulls and there are good-sized groups of
bachelors here and there.

This rookery occupies both sides of a long rocky point or peninsula.
The middle ridge is smooth, sandy, and sparsely covered with grass.
Upon this ridge were perhaps 200 bachelor seals. Many quite large
bulls were seen among the bachelors and there is no doubt in my mind
but that the number of available bulls is considerably in excess of the
number necesssry to serve the cows.

The same indications of decrease in size were observed here as in the
case of the other rookeries. The narrow strip immediately along the
water-front was in most places thickly covered, though in some places
the seals were less closely placed; there being such great variation in
this respect as to make it quite difficult if not impossible to estimate
with any degree of accuracy how many square feet should be allowed
for each seal on the rookery. Back of this occupied strip was a strip
where would be found an occasional family and occasionally a small
bunch of bachelors, though the greater part was unoccupied. Over
this area the rocks were all worn smooth and the ground was packed
hard and devoid of vegetation of any kind. Still back of this the rocks
were still seal worn, but the ground was covered either with the thin
algoid matting or with a sparse growth of short bleached grass.

Two dead seals, apparently young bulls, were seen at one place on
this rookery.

It is very hard to estimate just how much this important rookery has
decreased in size during the last few years, but it is certain there has
been avery considerable decrease. This fact will be apparent to any one
examining the rookery.

Reef Rookery, July 23, p.m.

This afternoon I paid another visit to the Reef Rookery.

The families or harems were less well-defined than on the former
visit; the cows were apparently less numerous; many of them were
moving about the water’s edge, and many were absent at sea. The
pups were gathered into pods or moving about in a restless sort of way.
The bunches of bachelors had shifted position somewhat, and there were
more upon the high ridge than before.

Tolstoi Rookery, July 21, a. m.

Most of the forenoon of July 21 was spent at this rookery, the stage
of which appeared to be about the same as that of the Reef Rookery,
and hardly as far advanced as was Lukannon on July 19. There were
a good many cows whose pups had apparently not yet been born, though
it is true that many of the families were broken up and the pups were
wandering about near at hand or gathered in pods in several places.
The space covered by seals here now is very much less than that for-
merly occupied and much less than shown as occupied in Mr. Elliott’s
plan on page 53 of his monograph.

270 OFFICIAL REPORTS.
Northeast Point Rookery, July 2

Several hours in the middle of the day were spent examining this
rookery.

The space now occupied at the southern part is but a small portion
of what has been covered in recent years. Near Sea Lion Point I saw
four dead sea-lion pups and 9 fur-seal pups, but did not discover the
cause of their death. The shore from Sea Lion Point northward to
where it bends to the west, a distance of about 4,000 feet, is much less
thickly covered than formerly, and back of the occupied strip is a con-
siderable strip showing unmistakable evidence of having been occupied
in recent years, but now wholly withoutseals. Just west of the north-
east point is a considerable stretch where there are no seals even along
the water’s edge, but Mr. Elliott’s sketch shows seals to be verynumerous
at this place. Just west of this is a bunch of about 10 good-sized bulls
that had no cows about them at ail. These were not old superannuated
bulls, but young vigorous ones, and undoubtedly well able to maintain
harems were there a greater number of cows. This and numerous
other similar sights convince me that there are even now a good many
more bulls than are necessary to serve the cows.

Still to the left of this, on the sandy shore, is a very large bunch of
bachelor seals, beyond which 1s a large well- filled breeding eround. The
shore here makes out in a blunt point beyond which is a large breeding
ground about 3 mile long and soon widening out to about "200 feet in
extreme width: this is very thickly covered with br eeding seals. Back
of this is another strip which I estimate to be fully 4 mile long and
1,000 feet wide, upon which there were only about 150° bachelor seals,
though the whole space is bare, the rocks are seal worn, and this area
has evidently been in recentuse. Backof this and westward is a rocky
hill, worn smooth, on which there are noseals now. ‘To the left of this
rocky bench is another very large breeding ground which is now about
2 filled. Back from this is a rocky bench of considerable extent, which
was in use recently, but which has no seals on it now. Extending along
to the left (southwest) are a few scattered families; then comes an im-
mense breeding ground containing more seals than any other on the
island. Back from this are afew groups of bachelors, one of which
was very large. On beyond these -the seals continued in a narrow
strip for several rods along the shore.

The Northeast Point rookery shows the same evidence of decrease
in seal life that is so aeeOR: a feature of all the other rookeries
examined.

Mr. Elliott, in his census report, estimated the number of seals on
the rookery in 1874 at 1,200,000. While the number is still great, I do
not at all think it can even a»proximate that figure.

Little Polavina Rookery, July 22, p. m.

The shore here resembles that at Northeast Point, some rocky reaches
and some sandy beach. At the north end I noted a few scattering
families along the shore and a bunch of about 500 bachelors back from
the shore some little distance, on an area of compact, reddish sand.
South of these is a large space once used as a hauling ground (between
which and the water is a large bunch of breeding seals), but upon
which there are no seals.

B. W. EVERMANN: NOTES ON ROOKERIES, PRIBILOF ISLANDS. 271
Polavina Rookery, July 22, p.m.

This lies about a mile south from Little Polavina, but between the
two are a few scattered families close along the water’s edge.

This rookery has a long strip near the shore that presents the most
compact appearance of any ground I have seen. The ground rises
gently from the water’s edge, is not very rocky, and continues over a
very gentle bench to a very broad, comparatively level, tract further
back that has in former years been used as breeding or hauling ground,
or both.

Isaw more dead pups here than I have seen on all other rookeries
combined. The ‘lay of the land” here is such as to make it very easy
for the pups to wander about a great deal—there is no abrupt wall or
bluff to hem them in—as a consequence many of them stray off even
far into the grassy mesa back of the rookery. Some of these become
lost from their mothers and, of course, starve sooner or later.

I made an examination of this rookery as furnishing the best illus-
tration of dead pups seen by me in 1892. I began at a point towards
the eastern side of the rookery, beyond which no dead pups were to be
seen, and retraced my steps for a distance of about one hundred and
fifty feet, or to a point beyond which no dead pups were visible, and
by actual count the number was 125. I believe that this represents at
least one-half of all the dead pups on this rookery.

ie eo 7

All the plain space enclosed by the line ab is worn smooth, but had
no seals upon it at the time of my visit.

SAINT GEORGE ISLAND.

North Rookery, July 27, a. m.
This rookery lies just west of the village and extends about lof a
mile along the shore. The beach is in most places along here quite
narrow and rocky, being limited landward by a rather high rocky bluff.

Pie OFFICIAL REPORTS.

The end near the village had but few seals upon it, but further down
was a large group of bachelor seals and just below these was a large
breeding ground quite thickly covered. At this place the bluff is less
abrupt and the seals were able to occupy considerable space on the
mesa above the cliff. Not over 4 of the area, however, which has been
occupied is occupied now.

The families were nearly all broken up,and the pups are far more
numerous than the cows and are gathered into large pods here and
there.

The seals are thickest upon the west end of this rookery. Just be-
yond the extreme end of the breeding ground was a large bunch of
bachelors, but they covered only a “small portion of that hauling
ground.

East Rookery, July 27, p. m.

This rookery occupies a narrow strip of rocky shore at the foot of a
high rocky bluff, this strip being narrowest at the east end and widest
on the low rocky flat between the pool and the shore at the west end.

A good many sea lions were scattered along this narrow strip. At
‘the foot of this bluff towards the west end and near where the sea lions
are thickest is quite a large area that has been used quite recently, but
has no seals upon it now. Westward from this ioe space along the
‘shore that was formerly used is not now more than ;4, filled up.

The pups on this rookery were very much more numerous than the
‘cows; quite evidently the families are nearly all broken up and the
rookery has passed the zenith of the season. A great many cows or
bachelors were seen playing about in the water and many are evidently
out at their feeding grounds.

Very few of the bulls were on the qui vive, as they were seen to be a
week earlier on St. Paul, but most of them were lying down apparently
sleeping.

Starry Arteel Rookery, July 28, p. m.

This rookery is a very compact one, situated chiefly upon the east
slope of a high hill, the north end of which is cut square off by the sea.
This hillside is comparatively free of loose rocks, and is grassy except
where it is or has been covered by seals. Along the upper edge of the
rookery the bulls are smaller, and there are fewer pups in proportion
to the number of cows, and the families seem better defined than lower
down where seals are more numerous.

Down towards the pool, at the east end of the rookery, was a small
bunch of bachelors, and on the hillside to the left of these were two or
three bunches of bachelors; but the number of seals upon this rookery
at this time was certainly much fewer than what it has been within the
past few years.

Zapadnie rookery, July 29.

I spent the time from 9 a. m. to about 1:30 p.m. at this rookery,
which somewhat resembles Starry Arteel, in that it is situated in great
part upon a hillside; unlike Starry Arteel, however, it extends well up the
hillside toward the top at the end toward the cliff and extends farther
along the shore than does Starry Arteel. Comparing the present con-
dition of this rookery with that shown in Mr. Elliott’s report, it appears
that the rookery has shifted more toward the hillside, as the seals do

B. W. EVERMANN: NOTES ON ROOKERIES, PRIBILOF ISLANDS. 273

not seem to extend so far toward the shallow creek. (See Elliott, p. 58.)

On the whole, I imagine that this rookery has not decreased much,
if any, in size recently, but it has apparently shifted somewhat. Bulls,
cows, and pups cover the steep hillside and along the shore, except,
perhaps, 200 feet at the north end, where there is a large buneh of
bachelors; at the crest of the hill was a band of some 150 bachelors,

The families here also have begun to lose their integrity, the bulls
no longer watched their harems carefully, and the cows and pups
wander about at will.

Little East rookery, July 29, p.m.

The west end of this rookery occupies a narrow strip at the base of
a basalt cliff about 30 feet high. On this part I saw but one old bull,
but counted at least 30 cows and 60 pups, about 45 of the latter were
’ lying upon the flat surface of a very large detached mass of basalt
about 10 feet high. To the right of this place the strip widens out to
about 100 feet and the biuff becomes a gentle but rocky slope. This
strip is 500 to 600 feet long and the part occupied by seals will average
less than 50 feet wide. ‘This is pretty thickly covered with cows and
pups, except a narrow strip nearly 20 feet wide running along through
the middle, upon which there were but few seals and these mostly pups.
Bulls were rather scarce here, as shown by the fact that from the bluff
at the west end I could count but 21. I do not think there were over
25 or 30 upon this rookery. At this rookery I have seen for the first
time the bulls enter the water. The number of cows in sight from the
same point was about 400, while the number of pups was very much
greater, probably as many as 1,000.

I visited this rookery again on the afternoon of July 30, and made
further observations.

The large basalt rock upon which I counted 45 pups yesterday has
70 pups and one cow upon it to-day. This is the position which yester-
day showed but one bull, 30 cows, and 90 pups. This would show that
the pups are wandering about a good deal, and that there were seen
here a good many pups and probably several cows that did not belong
to the one bull found here.

B. W. EVERMANN.

I certify that the document hereto annexed, which was transmitted
to the Secretary of State on September 28, 1892, is a true copy of cer-
tain notes on the fur-seal rookeries of the Pribilof Islands on file in
this bureau. Professor B. W. Evermann, who prepared the same, is
an expert naturalist in the employ of the United States Fish Commis-
sion, and he accompanied the Fish Commission steamer Albatross in
that capacity during her cruises in the year 1892.

MARSHALL MCDONALD,
U.S. Commissioner of Fish and Lisheries,
WASHINGTON, D. C., December 16th, 1892.
1236418

EXTRACTS FROM VARIOUS PUBLICATIONS.

EXTRACT FROM THE REPORT OF CAPT. CHARLES BRYANT TO
THE SECRETARY OF THE TREASURY .!

FAIRHAVEN, MAss., November 30, 1869.

Str: Having returned from Alaska, where I was ordered as special
agent of the Treasury Department in September, 1868, to examine into
the resources of the territory and the character and habits of its vari-
ous tribes, I have the honor to submit the following report:

On account of the great diversity in the physical features of the
territory, the widely varying nature of the products of the different
sections, and the very marked difference in the character and habits of
_ the various tribes, I have deemed it necessary to describe each portion
of the country in detail in order that a proper idea of the whole terri-
tory may be gained; and, as my attention was more particularly called
to the interests of the fur-seal trade in Behring Sea, I will begin with
the islands of St. Paul and St. George. [Here follows a geographical
description of the same. |

THE FUR-SEAL.

The seals resort to the Pribilov Islands, during the summer months,
apparently for the sole purpose of reproducing their species. To this
end each age or class contributes its share of labor or care, remaining
on shore or in the water, as may be necessary. In order to fully under-
stand the duties of the various classes, a description of the animal seems
to be necessary at this point.

The male seal attains its full growth at the age of six years, when it
measures from seven to eight feet in length and from six to seven in
circumference. Its color is a dark brown with a gray over-hair on the
neck and shoulders, and its weight is from six to twelve hundred pounds.
These alone occupy the rookeries with the females.

A full-grown female measures from four to five feet in length and
three feet in circumference and weighs from one to three hundred
pounds. It differs in shape somewhat from the male in having a
Shorter neck and greater fullness of body in the posterior parts. Its
color when it-first leaves the water is a dark “steel-mixed” on the back
and lighter about the breast and sides. After being on shore a few
days its color gradually changes to a dark brown on the back and as-
Sumes an orange hue on the breast and throat, and is, therefore, easily
distinguished from the male. The female attains its full size and
brings forth young about the third or fourth year. The yearling seals
weigh from forty to sixty pounds, and are of a dark-brown color, with
a lighter shade about the throat. The intermediate ages from one ta

1 Senate Ex. Does. Nos. 1 to 39, 1869~70.

275

276 EXTRACTS FROM VARIOUS PUBLICATIONS.

six are readily distinguished by their difference in size and form. The
reproductive organs of the male are developed in the fourth year of its
age, but it has not yet acquired sufficient strength to maintain its
place in the breeding rookeries, which are occupied exclusively by the
old males and females with their pups. These rookeries are located on
the belt of loose rock between the high-water mark and the base of the
cliffs, and vary in width from five to forty rods. The stretches of sand
beach between the rookeries are occupied by the young seals as tempo-
rary resting-places or by the sick and wounded as neutral ground, on
which they may remain undisturbed. The old males return each year
to the same rock as long as they are able to maintain their position.
It is vouched for by the natives that one seal came for seventeen suc-
cessive seasons to the same point.

The male seals under six years of age are not allowed on the breed-
ing rookeries and they are generally found in the water swimming along
the shore during the day and at night on the uplands above the rook-
eries, where they rest scattered about like a flock of sheep. Where a
long, continuous shore line is occupied by the rookeries narrow pas-
sages are left at convenient intervals, through which the young seals
may pass unmolested to and from the uplands. At times aline of seals
may be seen for hours passing in single file through these open spaces.
If at any time, from sudden fright, they attempt to cross the rookeries
at any other point a general engagement ensues, resulting in the kill-
ing and wounding of large numbers, and if the females with their pups
are on the rookeries any of the latter are crushed by being trampled
upon. Constant care is necessary, therefore, on the part of the officer
in charge or of the native chiefs to prevent any unusual demonstra- -
tion to alarm the rookeries.

The special duty of the old males, or wigs, as they are commonly
called, is to receive the females on their arrival and to watch over and
protect their young until large enough to be left to the care of their
mothers and the younger males or bachelors, as the latter are termed.

From the first to the middle of April, when the snow has melted from
the shore and the drift-ice from the north ceased running, a few old
male seals make their appearance in the water around the islands and,
after two or three days’ reconnoissance, venture on shore and examine
the rookeries, carefully smelling them. If everything is satisfactory
thus far, after a day or two a few climb the slopes and lie with their
heads erect, listening. At this time, if the wind blows in the direction
of the rookeries, all fires are extinguished and all unnecessary noises
suppressed. These scouts soon depart, and after a few days return
with large numbers of the male seals of all ages. The rookeries are
taken possession of by the old males, who drive the younger ones into the
water or to the uplands inside the rookeries.. In locating for the sea-
son, the old males each reserve about one square rod of ground for the
convenience of their future families and that they may have sufficient
room in which to execute their awkward movements in defending them-
selves against the attacks of their neighbors. Male seals continue to
arrive daily for some time, the greater part of whom are old wigs, who
fight their way to their old places or prepare to defend some newly
selected ground against any former occupant that may claim it. They
acknowledge no right save might, so that the quarrel is incessant day
and night, ‘and the continual erowling sounds like the approach of a
distant railroad train.

About the middle of June the males have all arrived and the eronnd
is fully occupied by them. Soon after this the females begin to come,

REPORT OF CAPT. BRYANT, 1869. 277

in small numbers at first, increasing as the season grows later, until
the middle of July, when the rookeries are full and many of the reser-
vations of the old males overcrowded with their respective families.
When the females first arrive many of them appear desirous of return-
ing to some particular male, and frequently climb the rocks overlook-
ing the rookeries and utter a peculiar cry as if endeavoring to attract
the attention of some acquaintance. Changing their place at intervals
this ery is often repeated until some bachelor perceives her and she is
driven to the rookeries and quickly appropriated. It seems to be the
sole duty of the bachelors at this season to compel the females to take
their places in the rookeries and often against their will. When the
female reaches the shore the nearest male meets and coaxes her with a
peculiar clucking noise until he gets between her and the water, when
his tone changes and, with a growl, he drives her to a place in his
family.

This continues until the lower row begins to get full, when those
higher up from the shore, watching their opportunity when their neigh-
bor is off his guard, rob his family to augment their own. ‘This they
do by taking the female in their mouths and carrying her to their own
ground. Those still higher up pursue the same plan until all the space
is occupied. Frequently a struggle ensues between two males for the
same female, both seizing her at once and either pulling her asunder
or terribly lacerating her. After the ground has been covered the old
male devotes his time to keeping order in his family and driving away
intruders, Within two or three days after their arrival the females
give birth to one pup each, which is of a very dark brown color and
weighs from six to twelve pounds. The mother manifests a strong
attachment for her young and distinguishes its cry, which resembles
the bleating of a lamb, among thousands. Soon after the birth of the
pup the female receives the male on the rocks, but it is doubtful
whether this connection is often perfect. She is subsequently allowed
to go into the water, where she is followed by the young males, by
whom the connection is repeated. Upon her return to the rookeries
she is from this time allowed greater freedom and goes at will from one
point to another.

By the middle of August the females have all brought forth their
young, and the old males, who have constantly occupied their places
for four months without food, resign their charge to the bachelors and
go into the water for the apparent purpose of feeding. The assertion
that the seals live so long without food seems so contrary to nature
that I will state that I took special pains to examine daily a large ex-
tent of rookery and note it carefully. The rocks on the rookeries are
worn smooth aud washed by the surf, and any discharge of excrement
could not fail to be seen. I found in a few instances asingle discharge
of excrementitious matter on the arrival of the seals, but nothing sub-
sequently to indicate that any food is taken; nor do they leave the
rocks at any time except when compelled by the heat to seek the water
to cool themselves.

On their arrival in the spring they are very fat and round, but at the
end of four months are thin and of little more than half their former:
weight. I also examined the stomachs of several hundred young seals,
but was unable to find any traces of food in them.

The udder of the female is situated about half-way between the fore
and hind flippers, and is furnished with four teats. The milk is of a
yellowish white color, insipid to the taste, and is said to contain no
sugar. The pups nurse but seldom, and when separated from the

278 EXTRACTS FROM VARIOUS PUBLICATIONS.

mother for thirty-six hours seem in no haste to seek nourishment on her
return.

About the middle of July the great body of the last year’s pups
arrive and occupy the slopes with the younger class of males, while the
young females join the older ones on the breeding rookeries. The fe-
males go into the water to feed when the pups are some six weeks old,
leaving them on the uplands; nor do the young seek the water until
they are several months old, and even then seldom from choice, but are
forced to learn to swim by the old males. About the last of October
the seals begin. to leave the island, the young and females going first,
and the old males following them. By the first of December all have
departed. In November the young seals stop to rest for a few days on
the Aleutian Islands, where several hundred are annually killed by the
natives.

MANNER OF KILLING.

While the young seals are resting on the slopes above the rookeries,
as I have already described, a party of hunters, armed with clubs of
hard wood, approach them and creep quietly between the rookeries and
the shore, and at a given signal start forward at once and drive the
animals inland ina body. When at asufficient distance from the water,
a halt is made, and as many of the undesirable seals selected out and
sent back as possible. Only those of the ages of two and three years
are considered prime skins. The remainder of the flock is then driven to
the slaughter ground, which is sometimes several miles distant. It is
necessary to drive them inland some distance in order that the smell of
blood may not alarm the rookeries, and it is also a matter of convenience
to have the seal carry his own skin to a point near the salt houses; but
the driving must be conducted with the greatest care, as when the ani-
mal is overheated, the fur loosens and the skin is rendered worthless.
On arriving at the killing ground, a few boys are stationed to prevent
them from straggling, and they are left to rest and cool, after which a
small number are separated from the flock, surrounded, and driven
closely together, where they are confined by treading on each other’s
flippers. In this position the desirable animals are quickly killed by a
light blow on the nose from the hunter’s club, and all others are allowed
to enter the water at the nearest point, whence they return to the spot
from which they were driven; this is repeated until the whole flock has
been disposed of. In the skinning, every man is expected to contribute
his share of labor, as all receive a portion of the proceeds ot the sale
of the skins. As the seals are not considered as being wholly at rest
for the season until the females arrive, great care is required in selecting
the proper place from which to drive, early in the season, and this is
exercised by the chief, or one of his subordinate officers, who has the
whole direction of this part of the business.

In the month of May, only such smal]l numbers as are required for
eating are driven; in June they become more numerous, and are then
driven for their skins, although the percentage of prime skins in any
flock is very small. About the middle of July the females go from the
‘rookeries into the water, and there is a season of general unrest among»
all classes of seals, during which, for a period of about ten or fifteen
days none are killed.

About this time the yearling seals arrive, and these, together with a
portion of the females, mix with the young males, greatly increasing
the difficulty in distinguishing the proper animal for killing, and it is
necessary for the chief, or his deputy in charge, to designate each seal

REPORT OF CAPT. BRYANT, 1869. > Oe

to be slaughtered; only the strong interest which the natives feel
in their preservation can insure the proper care in the selection. Sep-
tember and October are considered the best months for capturing the
seal. In addition to the skin, each seal yields about one and one-half
gallons of oil, and the lining *membr ane of the throat and portions of
the intestines, which latter are indispensable to the Aleutians at all
points, being used in the manufacture of water-proof clothing, without
which they could not venture at sea in their skin boats.

It will be seen from the foregoing description of the habits of the
seal that their preservation and increase are very simple matters, the
only requirements being that the animals shall not be unnecessarily
disturbed at any time, and that for killing, the males only shall be
selected; and I will add that the increase is more rapid when a portion
of the males are killed each year, since by the constant fighting of this
sex when in excess many of the young are trampled upon and de-
stroyed.

MANNER OF CURING THE SKINS.

The skins, on being taken to the salt houses are packed in square
bins or kenches, with the flesh side up, on which a quantity of salt is
scattered. Here they are allowed to remain one or two months, when
they are removed and folded with a quantity of clean salt, and firmly
rolled and tied for shipment, only requiring a small additional quantity
of salt on being removed from the islands.

NUMBER OF SEALS.

There are on St. Paul Island at least twelve miles of shore line,
occupied by the breeding rookeries, not less than fifteen rods wide,
with an average of twenty seals to the square rod. This gives the
whole number of breeding males and females at 1,152,000; deducting
from this number one-tenth for males, and we have remaining 1,036,800
breeding females, which number may, with care in killing, be largely
increased from year to year, until the islands shall ultimately be fully
occupied by them.

The number of breeding animals on St. George is estimated at nearly
one-half as many as occupy St. Paul. In addition to those on breeding
rookeries, we have the large number of young seals, scattered about at
various points, and swelling the total number of animals on the two
islands to not less than three or four millions.

I will remark here that the peculiar humid atmosphere and unvary-
ing summer temperature, induced by the mecting of the warm ocean
currents from the south and the colder ones from the north, seem to
render these islands the favorite resort of the seals in preference to
those of the Aleutian group.

It is the opinion of native chiefs and of the late officers of the Rus-
sian-American Company who have been stationed on the seal islands
that 100,000 skins may at the present time be taken from both islands
without diminishin g the annual production.

* * Ke * * * *

I have the honor to be, very respectfully, your obedient servant,
CHARLES BRYANT,
Special Agent, Treasury Department.
Hon. Gro. S. BOUTWELL,
Secretary of the Treasury, Washington, D. C.

280 EXTRACTS FROM VARIOUS PUBLICATIONS.

EXTRACT FROM TESTIMONY OF CHARLES BRYANT, TREASURY
AGENT, BEFORE A CONGRESSIONAL COMMITTEE, MARCH 20,
1876.

Q. Do you observe whether there has been any diminution or increase
of the number of seals on these islands during the time this company
had charge?—A. There has been a steady increase in the number of
female seals breeding on the islands, equivalent to five per cent, as near
as can be determined, annually. The principle upon which they are
killed is to take only such surplus males, they being polygamous in
their habits, as are not required for breeding purposes.

Q. Your opinion, then, is that the number of 100,000 [seals] on the two
islands, authorized by law, can be regularly taken without diminishing
the crop or number of seals coming to the island?—A. I don’t feel quite
sure of that, as will be seen in my detailed report to the Secretary of
the Treasury, included in the evidence which has been laid before the
committee. There were indications of diminution in the number of
male seals.

I gave that and another reason, which I explained at large in that
report. In the season of 1868, before the prohibitory law was passed
and enforced, numerous part es sealed on the islands at will, and took
about 240,000 or 250,000 seals. They killed mostly all the product of
186667,

In making our calculation for breeding seals we did not take that
loss into consideration, so that in 1872~73, when the crop of 1866~67
would have matured, we were a little short. These seals had been
killed. For that reason, to render the matter doubly sure, I recom-
mended in my report to the Secretary a diminution of 15,000 seals for
the two years ensuing.

1 do not, however, wish to be understood as saying that the seals are
at all decreasing—that the proportionate number of male seals of the
proper age to take is decreasing.

Q. The females are increasing?—A. Yes, sir; and consequently the
number of pups produced annually.

Q. It looks, then, as if the males ought also to increase?—A. I think
that number of 100,000 was a little more than ought to have been begun
with. J think if we had begun at 85,000 there would have been no
necessity for diminishing. On the other hand, I think that within two
years from now it could be increased.

EXTRACT FROM THE REPORT OF LIEUTENANT WASHBURN MAY-
NARD TO THE SECRETARY OF THE TREASURY, DATED NOVEM-
BER 30, 1874.

The great work of the season, the taking and curing of seal-skins, be-
gins the first week in June, and is pushed forward as rapidly as possible,
as the skins are in the best condition early in the season. This year
90,000 skins were taken on Saint Pauls by eighty-four men in thirty-
nine days. The natives do all the work of driving, killing, and skin-
ning the seals and of curing and bundling the skins, under the direc-
tion of the company’s agents and of their own chiefs. The first opera-

1 House of Representatives, Forty-fourth “Congress, first session, Report No. 623,
9

peo: :
2 House Ex. Doc. No. 48, Forty-fourth Congress, first session, pp. 8-10.

REPORT OF LIEUT. MAYNARD, 1874. 281

tion is that of driving the seals from the hauling to the killing grounds.
The latter are near the salt-houses, which are built at points most
convenient for shipping skins, and all the killing is done upon them,
in order not to disturb the other seals, and to save the labor of
carrying the skins. The seals suitable for killing (which are the young
males from two to six years old) are readily collected into droves upon
the hunting grounds by getting between them and the water, and are
driven as easily as a flock of sheep. They move in clumsy gallop,
their bellies being raised entirely from the ground, upon their flippers,
which gives them, when in motion, the appearance of bears. They are
sometimes called ‘‘ sea bears ” on account of this resemblance. In driv-
ing them care is taken not to hurry them, for, if driven too fast, they
crowd together and injure the skins by biting each other, and also
become overheated and exhausted. They are driven from one-half mile
to five miles in from three to thirty-six hours, according to the location
of the hauling grounds. After reaching the killing grounds they are
allowed to rest and cool for several hours, particularly if the drive has
been a long one. The drives vary in number from five hundred to as
many thousand, as there happen to be few or many seals upon the
hauling ground where the drive is made. In each drive there are
some seals that are either so large or so small that their skins are not
desirable, and sometimes a few females are driven up; not. often, how-
ever, aS they seldom stray from the rookeries. All such are singled
out and permitted to escape to the water.

The killing is done with a blow on the head by a stout club, which
crushes the skull, after which the skins are taken off and carried into
the salt-houses. During the first half of the month of June from five to
eight per cent of the seals in the drive are turned away, being either too
small or too large, and from ten to twelve per cent during the latter half.
In July the percentage is still greater, being about forty per cent for the
first and from sixty to seventy-five per cent for the latter half. About
one-half the seals killed are about three years old, one-fourth four, and
the remainder two, five, and six. No yearlings have been killed up to
the present time, though allowed by the lease, as their skins are too
small to be salable in the present state of the trade, but by some trade [sic]
in it they may become desirable in the future and would then be taken,
This would injure the fisheries, because the yearlings of both sexes
haul together, and it would be almost impossible to separate them so as
to kill only the males. There has been a waste in taking the skins, due
partly to the inexperience of the company’s agent, and partly to acci-
dent and the carelessness of the natives. In making the drive, partic-
ularly if they are long on, [sic] and the sun happens to pierce through the
fog, some of the seals become exhausted and die at such a distance
from the salt-houses that their skins cannot well be carried to them by
hand, and are therefore left upon the bodies. This was remedied dur-
ing the last killing season by having a horse and cart to follow the
drive and collect such skins. Some skins have also been lost by killing
more seals at a time than the force of men employed could take care of
properly. Good judgment and constant care are required in taking
the skins, as fifteen minutes’ exposure to the sun will spoil them by
loosening the fur.

Another source of waste 1s by cutting the skins in taking them off
in such a manner as toruin them. It was very difficult at first to in-
duce the natives to use their knives carefully, and several hundred
skins were lost in a season by careless skinning; but by refusing to ac-
cept and pay for badly cut skius the number has been greatly reduced,

282 EXTRACTS FROM VARIOUS PUBLICATIONS.

so that the loss this year on St. Pauls was but one hundred and thirty
from all causes. The salt-houses are arranged with large bins, called
kenches, made of thick planks, into which the skins are put, fur side down,
with a layer of salt between each layer of skins. They become sutffi-
ciently tured in from five to seven days, and are then taken from the
kenches and piled up in books, with a little fresh salt. Finally they
are prepared for shipment by rolling them into compact bundles, two
skins in each, which are secured with stout lashings. The largest of
these bundles weigh sixty-four pounds, but their average weight is but
twenty-two. The smallest skins, those taken from seals two years
old, weigh about seven pounds each; and the largest, from seals six
years old, about thirty.

The skins are counted four times at the island, as follows: By the
company’s agent and the native chiefs when they are put into the salt-
houses, the latter given in their accounts, after each day’s killing, to
the Government agent; again when they are bundled by the natives,
who do the work, as each is paid for his labor by the bundle; by the
Government’s agents when they are taken from the salt-houses for
shipment; and the fourth time by the first officer of the company’s
steamer, as they are delivered on board. An official certificate of the
number of skins shipped is made out and signed by the Government
agents in triplicate, one copy being sent to the Treasury Department,
one to the collector at San Francisco, the third given to the master of
the vessel in which they areshipped. The amount of the tax or duty paid
by the company to the Government is determined by the result of a final
counting at the custom-house in San Francisco. The books of the com-
pany show that it has paid into the Treasury since the date of the lease
$170,480.45 on account of the rental of the islands, and $1,057,709.74
tax on seal-skins, which sums also appear in those of the Treasury
Department. The latter sum is less by $16,458.63 than the tax that
should have been paid had one hundred thousand skins been taken
each year since 1870, or, in other words, 6,269 fewer skins have been
shipped than the lease permitted. The record kept at the islands, by
both the Government’s and company’s agents, shows that in 1871 but
19,077 skins were on St. Georges instead of 25,000, the number allowed.
and that nearly every year since the number shipped has fallen a little
short of 100,000.

BXTRACT FROM THE REPORT OF J.S. MOORE TO THE SECRETARY
OF THE TREASURY, 1875.

First in order is to report my investigation as to the number of fur-
seals killed on the two islands of Saint Paul and Saint George. Ihave
compared the custom-house entries and the certificates of tax paid with
the shipping books of the Alaska Commercial Company. These I found
differed during a term of five active tax-paying years, and in number of
404,638 skins by exactly 1,427 skins.

This discrepancy, however, as will be seen in the appended statement
taken from the company’s books, is reduced by the actual account of
sales of Messrs. Lampson & Co., in London, to a discrepancy of 559
skins only, and this latter I have no doubt is correct. The significance
J attach to this small discrepancy is rather favorable than otherwise, as
the very difficulty of a correct count by ignorant packers, who salt, pre-
pare, and pack the skins in casks for shipment, easily warrants a differ-

1 House Ex. Doc., No. 83, Forty-fourth Congress, first session, p. 193.

283

ence in the numbers, and I should have felt more suspicious had there
been not a single discrepancy in five years and in a number of 403,761
skins. The next test was to compare the Alaska commercial shipping
account with the return of account of sales from Messrs Lampson &
Co., in London. As the company very readily placed their books and
correspondence at my disposal, I availed myself of the privilege, and
with their full consent transcribed from their books an account of sales—
the whole transaction of fur-seals taken, shipped, and sold—which I
herewith append:

REPORT OF J. S. MOORE, 1875.

Statement of fur-seal skins from St. Paul and St. George Islands.

Tax paid.

Shipment to London as per our

Lampson’s account sales from

account. London.
A Date of ac-
Boy entry in cue Skins. |Dateofentry.| Casks.| Skins. | count ren- | Casks. | Skins
ooks.
dered.
vune 12,1871 -o... 3, 448 | June 13, 1871 69 3,450 | Dec. 14, 1871 69 3, 474
Sentematle less sco feet. 60,665 | Sept. 6,1871| 1,232] 61,i61 |...--....-.-.. 711 33, 968
Wess TCP Scere sos) 39,176 | May 29, 1872 | 681 40,155 | Feb. 15,1872 521 27, 099
OctelGsl8i2\s--oeo-- === 61,313 | Oct. 5,1872| 1,026 61, 318 | Aug, 22, 1872 681 40, 058
34,756 | Oct. 17, 1872 | 524 | 34,781 | Jan. 12, 1873 939 56, 227
AID aS <necac - a= 5<6) | 3,906 | Aug. 12, 1873 828 ; 41,282 | May 6, 1873 611 39, 813
; 87,262 | Sept. 8,1873] 1,020 | 57,213 | Jan, 8,1874] 1,226 63, 511
Jira) Ua Rye iene haeaeeeese 57, 390 | Oct. 18, 1873 72 4,559 | April 2, 1874 705 40, 213
Octsd4y 181s 3-5-5-)<- === 5, 092 | Nov. 17, 1873 at 701 | Oct. 1,1874 4 254
‘irri CVU Ie See eeeee ae 256 | July 8, 1874 t 256 | Dec.17,1874 | 1,112 59, 809
TCT PH fg EC oboe oaseecsce 45, 086 | Sept.11,1874| 1,844 99,759 | Apr. 3, 1875 732 39, 341
Sept 1; 1874 cos. cae == PEL GS | eso aang oridoode| bh S aS h66-|4ee5eco0se—see bocosscdlsdecooctec
403, 208 | 7,311 | 404, 635 3,311 | 403, 767

The first column headed “ Skins,” represents the number of fur-seals
on which the tax was paid. The second column headed “ Skins,” rep-
resents the number shipped by the company to London. The third
column headed ‘‘Skins,” represents the number of skins Messrs. Lamp-
son & Co., of London, actually received and rendered account of sales
for.

I am perfectly satisfied that these figures are correct, unless not
only the company, but the customs officers on the islands, the officers
of the ships that bring the skins, the custom officials in San Francisco,
and the great house of Messrs. Lampson & Company in London, are
one and all in collusion and conspiracy to defraud the Treasury of the
United States. There would, besides, be another difficulty to over-
come, as it would be necessary to keep false books and false entries,
while in fact nothing is so easily detected as false bookkeeping.

We may therefore take it for granted that the true number of skins
taken from the islands of Saint Paul and Saint George is correctly given
in the last column of the foregoing statement, which is the receipt and
return of account of sales of Lampson & Company.

I have, besides all these proofs, a copy of letter and specifications
from the company’s shipping books to Messrs. Lampson & Company,
which, being very voluminous, will be found in Appendix B, the details
of which, agreeing perfectly with the stipulated numbers, may be taken
as very satisfactory proof of the correctness of the books and accounts
of the company.

It is now necessary to state that the lease having been signed and
delivered August 3, 1870, and that year, counting for one full year in
the lease, the company would have been entitled to 500,000 skins from

284 EXTRACTS FROM VARIOUS PUBLICATIONS.

1870 to 1874, inclusive, while the actual seal-skins taken on which tax
was paid was 403,208.

I find, however, that the number of skins sold by Messrs. Lampson
& Company on account of the Alaska Commercial Company was 403,767,
which, as stated, is a discrepancy of 559 skins on which no tax was
paid.

It would, therefore, seem evident that a tax of $2.624 per skin, or a
total of $1,467.37, is due to the Treasury by the Alaska Commercial
Company. With the adjustment of these 559 skins from which a tax
is due to the Treasury,! that portion of my instructions which requires
me to ascertain the correctness of taxes paid on skins taken from the
islands during 1870~74, inclusive, will no doubt prove as satisfactory
to the Department as it is to me to be able to record it.

EXTRACT FROM THE FISHERIES AND FISHERY INDUSTRIES OF
THE UNITED STATES.” ;

THE FUR-SEAL INDUSTRY OF CAPE FLATTERY AND VICINITY.
JAMES G. SWAN.
1. History, present condition, and methods of the industry.

The northern fur-seals (Callorhinus ursinus Gray), in their annual
migration north, approach the coast between Point Grenville, Wash-
ington Territory, and the western shores of Vancouver Island, British
Columbia, in vast herds, and are taken by the Indians of Cape Flat-
tery and the natives of Vancouver Island on the ocean off the coast, and
occasionally in the Strait of Fuca as far inland as the Dungeness Light.

The great ‘body of these seals keep well out to sea, and during the
present year (1880) have been reported by vessels bound in from China
and the Sandwich Islands as having been seen from 100 to 300 miles off
shore, covering the sea as far as the eye could reach, and looking like
vast beds of kelp in the distance.

Meteorological causes seem to effect this vast collection, sometimes
causing it to keep off from the shore at a great distance, with only a few
_ scattering ones coming near enough to fall victims to the Indian’s spear.
At other times, and notably the present season, the great herd sways
inward toward the land, following the same general movement as may
be observed in a school of herring, the center of the school or herd
being invariably the most numerous.

During the voyage of Captain Meares in 1788-89, as well as those of
Portlock, Dixon, Manhand, and other early voyagers, but little mention
is made of seals, as they were then of such small value that in the list
of furs and skins which the captains were directed to procure no men-
tion is made of them, the sea-otter then being the most plentiful, as it
was and is at this time the most costly and beautiful of all the furs. |

Black fox-skins were very valuable, as also sable, black beaver, and
black marten; but river otter and seals were classed with inferior furs,
which the captains were directed to purchase or not as they judged
best, but to confine their work to the sea-otter.

From all the accounts given in the records of those early voyages, as
well as from the traditions of the Indians, it seems that a hundred years

1This tax was duly paid. See Report No. 623, 44th Congress, p. 68.
2Sec. V, Vol. II, p. 393.

UNITED STATES FISHERIES. 285

ago the sea-otter were aS numerous in this vicinity and as readily taken
by the Indians as the fur-seal is at the present time. Sea-otters are but
rarely taken now and seem to have abandoned their ancient haunts on
the American coast and to have migrated in a body to the northeastern
shores of Asia and the islands off the Siberian coast and Japan, where
they abound. Their places on the American shores are now taken by
the fur-seal, which of late years seem to be steadily on the increase.

From 1857, the date of the first white settlement at Neah Bay, to
1866, but few seals were taken. They were in those years very scarce,
and it is only since 1866 that they have been known to resort to the
vicinity of Fuca Strait in such large numbers.

The majority of the seals killed by the Makahs, or Cape Flattery In-
dians, at the commencement of the season are females and yearling pups;
the older males appear to keep well out to sea and are seldom taken
near the shore until toward the close of the season.

The female seals killed by the Indians invariably have foetuses in
them in various stages of development, according to the month when
taken.!

I procured of an Indian two fetal seal pups on the 20th of May last,
which I selected from a lot the Indian was skinning; they were far
enough advanced to be skinned, although their pelts were worthless for
trade. These two specimens I gave to Professor Jordan, who has them
among the collection he made at Neah Bay.

The time the fur-seals make their appearance in the vicinity of Cape
Flattery varies; generally they do not appear before the 1st of March,
but this season the first were taken on the 18th day of January in Fuca’
Strait near Waadda Island, at the entrance to Neah Bay. The Indians
killed on that day forty-five. This is as early as I have any recollection
of, although the old Indians tell me they have known them to make
their appearance, but rarely, as early as the last of December. I think
their appearance for an average period of ten years past would be about
the lstof March. They remain some seasons as late as July and August,
but in 1880 the last catch was made about the 20th of June.

Until within a few years past the Indians have gone to sea boldly in
their canoes, starting out by daybreak and returning at night. Three
men usually go in a canoe at such times. Latterly they have put their
canoes on board the sealing schooners which take them to the sealing
grounds and lay by while the Indians went off in them and speared
the seals. The canoes taken on board the schooner have but two In-
dians in each.

* * * * * * *

The Indians here never use fire-arms to kill seals. They say the re-
port would scare them away, and they strongly object to white men
using rifles on the sealing grounds.

* * * * * * *

Of the catch on the American side, that portion taken by Indians
who went on the schooners, 4,710 skins, one-third were given by the
Indians to the vessels to pay for transporting them and their canoes to
the sealing ground, amounting to 1,570 skins. The remainder 3,140,

1Mr. Swan thinks it possible that the seals bring forth their young in the ocean,
and says that many of the sealers agree with that opinion. Mr. H. W. Elliott, how-
ever, feels certain that it would be impossible for the newborn seals to live in the
ocean, and thinks that no seals at Cape Flattery are so far advanced in pregnancy as
2 ea unable to reach the Pribilof Islands before the pups are born.—A. Howard
lar

286 EXTRACTS FROM VARIOUS PUBLICATIONS.

added to the amount. sold by the Indians to traders, independent of
the schooners, 1,558 skins, makes a total of 4,698 skins, for which they
received from the traders, in cash and trade, an average of $9 per skin,
equal to $42,282. This sum divided among two hundred and thirty-
two Indians, the whole number who were engaged in sealing during
the season, gives a little over $182 to each Indian for his six months’
work.

The total value of the fur-seal catch of 6,268 skins reported at Neah
rah as taken by the Indians of the Makah Reservation, at $9 each, is

56,412.

This shows the value and importance of one of the interests of Wash-
ington Territory of which hitherto but little has been known, it being
evidently for the pecuniary advantage of the very few persons who
have engaged in it to keep the public in the dark as much as possible
regarding its extent and value. This season, however, has shown an
increase of the vessels employed, and it is more than probable that the
number will be increased another season. The unprecedented number
of seals which made their appearance, a number which seems to have
steadily increased each season since 1866, will give employment to a
larger fleet of vessels another year. One of the captains remarked to
me, ‘‘If a hundred schooners could have obtained crews of Indians, there
were more than enough seals to have satisfied them all.”

EXTRACT FROM THE TESTIMONY GIVEN BY JAMES G. SWAN
BEFORE A COMMITTEE OF THE UNITED STATES SENATE.!

By Senator ALLISON:

Q. 1 want to get at your general idea of the treatment of seals and
the fisheries as a whole question. You think there is an exhaustless
supply of fish here, and that the number of seals is not diminished, and
yet the seals feed on the fish?—A. So far as the salmon go, they have
diminished them, no doubt about that at the Columbia River; they
have been very destructive this year. They have destroyed the nets,
and not only seals have done that, but sea-lions and all animals that
make fish their food.

Q. You think they ought to be killed before they reach the mouth of
the Columbia?—A, I think they ought to be killed off the coast ot
California.

By Senator DoLPH:

Q. Do you think that they would have made much of an impression
upon the salmon at the mouth of the Coiumbia if it had not been for
the fishermen and their nets, and traps, and pounds?—A. I don’t know
that they would; but at the same time I don’t see why they should be
preserved, unless it is the fashion.

Q. If a seal is shot with a rifle, wounded and not killed, what does it
do?—A. I suppose it goes off.

Q. Does it dive or sink?—A. I think it dives.

Q. Then we must charge to the wanton destruction of seals all that
are shot in the water and not killed at the first shot; they escape cap-
ture, do they not?—A. Yes, sir.

Q. Have you any idea about the proportion that would be wounded

1 Senate Report, No. 1530, part I, Fifty-first Congress, first session, pp. 288 to °90,

TESTIMONY OF JAMES G. SWAN. 287

and not killed by shooting from fishing vessels?—A. No; I have no
Statistics to refer to.

Q. At what age is the seal’s skin valuable?—A. Two years.

Q. Are there one year old seals in these schools?—A. Yes, sir.

Q. Are they ever shot?—A. Yes, sir.

Q. Is that aloss—all those that are killed atone year’s age?—A. Those
that are killed are a loss, of course.

Q. And those that are wounded at one year of age?—A. Yes, sir.

Q. When a female with pup is killed there is a loss of life not only of
the female herself, but of the pup also?—A. That is true.

Q. There are two losses?—A. Yes, sir.

Q. So that this method of shooting seals at sea must necessarily be
very destructive, and a great many more seals must be destroyed than
are taken?—A. Yes, sir.

Q. So that the economical way would be to take them at the rook-
eries, where they could be selected and killed?—A. It would be eco-
nomical if it could be shown that it was for any particular benefit to the
public.

Q. Leaving that question aside, if it were true, as claimed by Mr.
Elliott and some others, that these seals that come up our coast are
bound for the rookeries, which are situated on these smallislands; that
they are easily destroyed when approaching the islands, so that the seals
might become so scarce that the rookeries would be valueless in a few
years if it was open to all to take and shoot at pleasure, would or would
it not be better to prevent the killing of seals, or to allow them to be
destroyed by indiscriminate killing at sea, and the waste of seal life by
the methods which are used to capture them?—A. They might estab-
lish regulations by which they would be preserved in going through
Ounimak Pass.

Q. Are those points frequented by sailors?—A. They are, according
to Mr. Elliott’s statement.

Q. You do not speak from personal experience?—A. No.

By the CHAIRMAN:

Q. Is it your opinion that it would be for the public interest to have
all seal life destroyed?—A. I don’t know; I don’t think that sucha
thing could be done.

Q. I wish to know whether you think it should be done?—A. No; I
do not think so.

@. Captain Jacobs seems to think that the seal is so destructive of
food-fish, and the seal-skin being only a luxury, that it would be better
to have all the seals exterminated?—A. I think if they were all lost
the world would not be any the worse for it, any more than if all the
ostriches were killed, the world would be no worse off, except in that
case the ladies would not get any plumes for their hats, and in the
former case they would not get any coats.

The CHAIRMAN. That system would have to be extended a long way
before the world would get rid of luxuries. Every man would not draw
the line at the same point.

Senator HALE. We could get along without salmon, probably?

The WitNEss. And without beef.

By Senator PuGH:

- Q. You do not think it is of any importance to prevent the destruc-
tion of seals?—A. I do, on the islands, but not on the outside, because
the proportion of seals that are destroyed is a very small fraction of

288 EXTRACTS FROM VARIOUS PUBLICATIONS.

what the whole number is. There are millions of seals in the Pacific
Ocean. You have no conception of the vast myriads of them.

Q. Then why is it of any importance to preserve the breeding
islands?—A. Because it is to furnish these seal-skins for fashion; that
is actually all there is about it, gentlemen, so the ladies can have nice
seal-skin coats; but I don’t see that the poor man gets anything cheaper
by it.

Q. The skin constitutes the sole value of the seal?—A. Yes, sir; that
is all; it is not an article of food.

EXTRACT FROM “LIST OF REPORTED DANGERS IN THE NORTH
PACIFIC OCEAN,”! COMPILED AND ARRANGED BY THE U. 5.
HYDROGRAPHIC OFFICE, WASHINGTON, D. C.,1871.

‘ Reported position. :
INGOs) | he Nis © GE ha sa | ere Authority.
Latitude. Longitude.
500) Island). sce s.ce =e 40 00 00 N.| 150 40 00 W..| Capt. Kentzell, of San Francisco.

40 30 00 N-.}| 151 00 00 W..| Bark Washington.
40 10 00 N-.| 150 30 00 W..| Older reports.
(San Francisco Herald, May 30, 1867; Alta
Californian, July 24, 1867; Ann. Hydr.,
1867, pp., 425 and 593. )

The U.S. N. P. Surv. Exp., when at San Francisco in 1856, found
reports in circulation of the existence of an island, or a group of islands,
in that part of the Pacific Ocean, to which the positions in the opposite
column refer. It was said that a rookery of seals existed there, and
the place was kept secret in order to secure the exclusive exhaustion
of it to certain parties. Subsequently Captain Kentzell, a San Fran-
cisco pilot, asserted to have seen the island in the position which he
gave from actual observation, describing it to be about 20 miles long
and very low; and the master of the bark Washington, reported in 1867,
as follows: “‘On my passage from the Sandwich Islands to the north-
west coast of the United States, when in latitude 40° 00’ N., in a dense
fog, I perceived the sea to be discolored. Soundings at first gave
great depths, but diminished gradually to 9 fathoms, when through the
mist an island was seen, along which I sailed 40 miles. It was covered
with birds, and the sea swarmed with seal and sea elephants.” The flag-
ship of the U.S. N. P. Surv. Exp., on her way home, searched for this
island, and sounded close to the position in which subsequently Captain
Kentzell placed it; bottom was thought to have been reached at 2,600
fathoms, but no indication of land was perceived in the vicinity.

In 1858 H. B. M.’s ship Trinconomale searched for fourteen days be-
tween the parallels of 39° 30’ and 40° 30/ N. and the meridians of 148°
30/ and 152° 00/ W. without finding anything. The mail steamer Colo-
rado also has passed repeatedly near this region, looking out for the
reported land without success.

In 1860 the Japanese sloop of war Candiu-manuh came over from
Japan to San Francisco, guided by Lieutenant John M. Brooks, U.S.
N., who had taken passage in her. The following extract from her log,
kept by that officer, refers to this mysterious part of the ocean:

“March 8,1860, noon. Latitude 41° 19/ 29” N.; longitude 146° 29/
W. Fresh breezes from N. and W., with frequent squalls, heavy sea,

ane 1 Pp. 8, 9.

PAPER BY WILLIAM PALMER. 289

color very much as on soundings. At 4 hrs., 30 m. had just com-
puted longitude when Captain Tomogoroh and others rushed in my
room in great excitement, reporting land in sight. Iran on deck, and
one of my men, an American sailor, coming down from aloft, said he
saw low land and breakers ahead, extending three points on the star-
board bow; also on the weather bow. I therefore wore ship, and stoop
on by the wind 8. by W. I then went aloft with another of my men,
who said that he could see low landand breakers on the lee; but I could
not, although using an opera glass. The sea appeared rather white on
the horizon; there were also some birds; the passing cloudy snow
squalls, however, prevented seeing anything distinctly. After standing
24 miles 8. by W. wore again and steered the old course, BE. by N.,
which, if there had been a reef, would have brought us close to it. The
sky became clearer in that direction, but nothing was to be seen like
breakers or land; all admitted that if it were there we would have
seen it. I supposed, when land was reported, it might be the island
‘ Hiawatha,’ which Commodore Rogers had looked for, and was in
hopes that we had made a discovery. I presume it was a snow squall;
the clouds (cumuli) were very heavy and low down. From the noon
position we had ran 17 miles on an EK. by N. course when land was re-
ported.”

In June, 1867, finally, the schooner Caroline Mills, Captain Turner,
was sent out expressly by San Francisco merchants to search for the
reported land. On the 17th she was in a position 24 miles distant from
its supposed NW. extremity, with a light breeze and a clear atmos-
phere, but there were no indications of land. On continuing she was
at midnight within half a mile of that point. Approaching it the sea
became discolored, resembling a bank, which appearance had already
been observed when 5 or 6 miles northwest of the supposed island and
continued for 200 miles to the eastward, extending 10 degrees of longi-
tude up to 136° 00’. On sounding at noon on the 17th bottom was not
obtained with 100-fathoms line; at 10 hrs. p. m., within 4 or 5 miles of
the supposed land, no bottom at 55 fathoms; on the 18th at 4 hrs. a. m.
no bottom at 90 fathoms, and at 4 hrs. p. m. no bottom at 100 fathoms.
The course on that day was SW. up to 16 miles from the reported posi-
tion of the supposed island, when the sea became blue again; then an
eastern course was steered for, land appearing to be at a great distance.
It was continued for 75 miles on the reported parallel, but nothing was
seen. Everywhere sea birds (sand pipers) and numerous seal were
found.

From all this it would appear that the reports of the existence of land
in this part of the Pacific Ocean are unreliable, and the “ discolored
water” may also have been a delusion.

EXTRACT FROM A PAPER PREPARED BY WILLIAM PALMBER.!

FATE OF THE FUR-SEAL IN AMERICA.

[Read before the Biological Society of Washington, D.C., October 17, 1891 and illustrated by lantern
slides. ]

.

The present condition of the Alaskan fur-seal islands is but another
illustration of the fact that the ignorance, avarice, and stupidity of man
have succeeded in reducing an overwhelming abundance of animal life

‘As published in Forest and Stream for October 29, 1891.

12364 19

290 EXTRACTS FROM VARIOUS PUBLICATIONS.

that, by careful and considerate treatment, would forever have been a
source of immense wealth, to such a condition that it becomes a ques-
tion of great moment to devise means to prevent its extermination and
adopt measures to restore its former abundance.

In 1867 the United States purchased of Russia for $7,200,000 all of
the territory known as Russian America and now as Alaska. At the
time it was expected that it would prove a paying investment. Great
tales were told of the fabulous wealth that was there in the shape of
lumber, coal, precious metals, etc., and but little stress was laid upon
the fact that fur-seals were found in abundance upon two. small
islands, but nowhere else in North America. Now, after the experi-
ence of over twenty years, what is the result? Alaska itself pays
almost nothing into the National Treasury; in fact, it takes over
$200,000 yearly to support its management, while the two little
islands of St. Paul and St. George, with a direct yearly expenditure of
less than $20,000, have almost returned to the National Treasury the
large sum paid for the whole of Alaska. The net income from the seal
islands for the past twenty years has been in round numbers $6,000,000.
The net income for the next twenty years, based on the bids of the new
company holding the lease, would be over $20,000,000, but the actual
amount will be less than a million unless stringent measures are taken
to prevent a further decrease of seal life and to provide for better
methods of management.

It will be seen by this that the preservation of seal life on the Priby-
lov Islands is really deserving of the utmost consideration and that a
proper enforcement of the best means and measures is demanded even
from a purely business point of view.

Rainy, foggy, and cold, nasty weather is the rule on the islands, and
to this fact is greatly due the residence and abundance of seal life
during the summer. Wherever a rocky slope extends into the sea thera
the seals haul out and form a colony. On St. Paul’s there are nine of
these places, the smallest having a sea margin of 750 feet, while the
largest, that at Northeast Point, is 15,850 feet in length. On St.
George’s there are five, with an average sea margin of only 700 feet.
The average width is 100 feet. The seals on the island are divided by
name into four groups or divisions, which are well known to everybody
there. The male seals of seven or eight years old and upward are
known as bulls, and are the only males large and strong enough to
maintain a position on the breeding grounds. The female seals are
known as cows, while the young seal of the year is called a pup. The
male seals one year old and upward are called “ holluschickie,” or bache-
lor seals, and it is from the ranks of these that the killable seals are
taken. The breeding grounds are known as rookeries. In 1874 Mr.
Henry W. Elliott, as the result of two seasons’ work, estimated that
there were on the rookeries 3,193,000 breeding seals and young. Last
year, as a result of another survey of the rookeries on the same basis,
it was found that less than 1,000,000 breeding seals and young were
left.

About the end of April there appear about the islands a few old bull
seals. These gradually increase in numbers until by June 1 all have
arrived and occupied positions on the rookeries. This is only done as
the result of continual fighting and bellowing, which is kept up inces-
santly. About June 10 the cows arrive and by the middle of July they
have all landed on the rookeries. .

Soon after the cow lands, sometimes the same day, she gives birth to
a single young, and in the course of a week or two returns to the sea to

ee

PAPER BY WILLIAM PALMER. 291

procure food. For this purpose they travel from 50 to 100 miles west,
southwest, and northwest of the islands, where they only too readily
fall a prey to the seal hunters, who have learned to await their arrival at
these places in Bering Sea.

While the fur-seal is a quiet, shy, and easily alarmed animal, it has
several peculiar habits which are taken advantage of by the seal hunt-
ers and render its capture almost an easy matter. Fur-seals are com-
monly seen scratching themselves while at the surface of the water.
A seal, having satisfied its hunger and desiring to rest, will ascend to
the surface, and with only the tip of its nose and a small portion of its
back, with now and then a flipper, out of water, will sleep, though in a
rather fitful manner, or, with closed eyes, it will roll over and over,
keeping its body in a continual slow motion, with one flipper gently
beating the water, and bending its body in every conceivable position.
I had many splendid oppor tunities of observing this habit of the seals.
On one occasion I waded out until I could have: touched with my fingers
a fur-seal floating on the surface. With its eyes closed it rolled over
several times a minute, at the same time bending and twisting its body
into every possible position, using one of its fore flippers as a paddle,
and occasionally scratching itself with a hind flipper. I stood thus for
more than fifteen minutes, and could at any moment have easily killed
it. But suddenly, as it was slowly drifting to leeward of me, its great
eyes opened, a look of astonishment seemed to pass over its face, and
in an instant, with a great plunge, it had disappeared below the surface,
only, however, as is the habit of the fur-seal, to rise again a few yards
away, take a last look at the strange object that had alarmed it, and
again disappear, this time for good.

Itis to this habit of the fur-seal that the success of the pelagic seal
hunters is due. Ona calm day hundreds of the seals may be seen on
the surface engaged in this manner. The poachers are provided with
canoes, mostly manned with Puget Sound Indians, who stealthily pad-
dle up to the unconscious seal from leeward and, shooting it through
the head, immediately attempt to prevent its sinking by catching it
with a pole armed with hooks. It is known that from five to nine of
the seals out of every ten that are struck sink before they can be reached,
so that the waste of seal life by the pelagic seal hunters is from 50 to 90
per cent. But thereis to be added to this statement another fact. The
greater number of the seals captured in the waters of Bering Sea are
females which are on their way to or have left their young on the rook-
eries while they are seeking food. As it is a well-known fact that a
mother seal will only suckle its own young, and that the young seal
is unable until it is several months old to procureits own food, it neces-
sarily obtains that the death of the pup follows that of its mother in a
short time. The numbers of dead pups about the shores of St. Paul’s
began to attract my attention about the middle of July last year. On
Aug. 2 I stood on Zoltoi Beach and counted 17 dead pups within ten
feet of me, and a line of them stretched the whole length of the beach.
Many of them starve to death on the rookeries, but by far the greater
number sink in the deep water along the margin of the rookeries.!

1The remaining portion of this article appears a at page 187 of the Report of the
British Bering Sea Commissioners.

292 EXTRACTS FROM VARIOUS PUBLICATIONS.

EXTRACT FROM PRODROMUS OF THE ZOOLOGY OF VICTORIA,
DECADE VIII, BY SIR FREDERICK McCOY.

Having told my friends, Trooper Ardill and the sealer Ross, that I
should like to have their observations on the creature in writing for
publication, the former furnished me with the following interesting
account, which I give in his own words, conveying Ross’s observations
and his own:

COWES POLICE STATION, 12th March, 1880.

In reply to your enquiries relative to the seals which frequent the
seal rocks off Phillip Island: The seals come to the rocks about 1st
October. The time of bringing forth the pups is between LOth Novem-
ber and 10th December. They do not commence to breed until they
are three years old. The male (or bull) during the pupping season will
ascend the rocks and stop for one or two months without food, and is
extremely attentive to the female (or cow) and pups. When the females
fight and quarrel he restores order. The bullis very fat in the begin-
ning of the season, and yields from five to ten gallons of oil, and in
three weeks after will hardly yield one gallon, the yield, of course, de-
pending on the age and size of the bull. The cows are seldom killed,
as they have very little fat. It is against the rule of sealers to killa cow
or the pups.

They live on fish of various kinds. I have found the backbones of
fish 2 feet in length. They eat leather-jackets, parrot fish, squid, ete.
I found one backbone 2 feet 4 inches long; it may have been a barra-
cuta or pike; I don’t think it was a shark. I have found a few joints
of a shark’s backbone.

The bull is very furious at pupping season, and when disturbed will
go into the water and return in a few minutes. Out of season they go
to sea in the mornmg and return at night. When fighting they strike
each other like the boar. Their teeth are about 14 inches long and cut
terribly. I have seen cuts from 1 to 10 inches in length.

The usual color is a yellowish brown, although some have been seen
that were spotted, and some a beautiful grey.

They generally select flat, inaccessible rocks, or, where they are not
disturbed, they select the grassy patches.

The cow generally brings forth one pup; sometimes two. They keep
good watch and care affectionately for their offspring. They circle
round them in rough, stormy weather, and keep them from any wash
or sea that may come over the rocks. I have seen three pups washed
off the rocks and the cows have immediately followed and brought
them on the rocks again in an astonishingly rapid manner. I have
also seen them catch a pup in their mouth and throw them 10 feet high
and never hurt them.

The bull’s voice or noise is guttural, and when angry sounds some-
thing like “‘oough, oough.” The noise is much heavier than any ani-
mal I know. When trying to pacify the cows it sounds like “yah,
yah,” said quick and short. The noise of the cow is very much like a
cow of the bovine species. The pup bleats like a lamb.

Their sight is not so good, so it is generally said. I think myself

their sight good enough, but they not smelling man don’t think he will ©

harm them; when they get the least scent they are off like a shot.
During the pupping season they keep up an incessant noise during
the night and generally keep quiet during the day. They look clumsy

1This is the variety figured in Decade Lv, Plate 31.

FANNING’S VOYAGES—MARINE MAMMALS. 293

and awkward on the rocks, but they are very lively when on the move.

I consider them as quick in their movements as any fish that swims.
They strike at one another with the rapidity of ightning. I have seen
one bull prevent another from landing for several hours. They move
along by drawing the hinder part of the body forward and under, and
then giving a jump and push forward.

If they are disturbed before they pup they will leave the rock and
go to another.

The cow has six teats, I think, which they draw into the udder or
body when not suckling their young. The milk is very white and
strengthening. Should a cow die or be killed her pup is suckled by
the other cows. This Iam told is the case, but I can’t vouch for it.
All I write is my experience on the Seal Rocks, off ‘The Nobbies” at
Phillip Island, Victoria.

I can’t say whether they inhabit these rocks all the year or not, but
don’t think so. I have heard Ross say they do not.

As regards their habits, fur, ears, etc., etc., the only difference being
in the color; some are darker than others.

They are found along the coast as far as I know, from Phillip Island
to Wilson’s Promontory. Nearly all the islands in Bass’s Straits are
inhabited by seals.

I know of no other fur or eared seal; in fact, there is no other seal
about here.

(Signed) GEORGE ARDILL,
Mounted Constable.

EXTRACT FROM A LETTER OF BENJAMIN PENDLETON TO ED-
MUND FANNING, PUBLISHED IN FANNING’S VOYAGES AROUND
THE WORLD, 1792 TO 1832.!

Speaking of the seals on the coast of Chili, it is said: “It is this
last named, viz, the seal fishery, that more particularly needs the
assistance of an exploring by Government. Those vessels employed in
this business have lately generally made losing voyages from the fact
that those places which were the resort of the seals have been aban-
doned by them or they cut off from them, so that other discoveries are
much wanted, while as an evidence that these can be effected was our fre-
quently meeting during our cruise in the ocean with numerous flocks or
shoals of those amphibious animals, who, it is well known, must resort
once in the year to places that as yet remain undiscovered.”

EXTRACT FROM SCAMMON’S MARINE MAMMALS OF THE NORTH-
WESTERN COAST,

FUR SEALS.

Our observations about the mouth of the strait of Juan de Fuca lead
us to believe that the unusually large number [of fnr-seals] seen in the
vicinity during the past two years are a portion, at least, of the great
herd that resort to St. Paul and St. George. One reason for this con-
clusion is, that no adult males are found with them. This would
naturally follow the careful course adopted by the Russians of sparing

1p. 487. 2p. 155.

294 EXTRACTS FROM VARIOUS PUBLICATIONS.

the females, in order to propagate the stock. Moreover, this female
herd—for, almost invariably, those of the band which had been taken
by the Indians were females—are found to have foetuses in them that
must necessarily be brought forth in the course of a month or two,
which would probably be about the time they would arrive in that far
northern region. The Indians unanimously affirm that they come from
the south and go to the north. It is quite certain that they do not
resort to any islands in or near the strait, or the adjacent coast. As
near as can be ascertained, the main body pass by the mouth of the
strait during the months of March and April and a part of May, after
which comparatively few are seen. Scattering ones, however, remain
till the close of summer, as before mentioned. But where these count-
less herds of fur-bearing animals resort to in winter seems a mys-
tery. All we know is, that at the proper seasons of the year they
come on shore plump and fat, the females have their young, and all
remain about the land until the little ones are sufficiently matured to
migrate.

EXTRACT FROM VENIAMINOF®’S “NOTES ON THE ISLANDS OF
THE UNALASKA DISTRICT.”!

From the very discovery of the Pribilof Islands up to 1805, that is
to say, until the time of General Rezanoff’s arrival in America, the
killing of seals on both islands was carried on without the least method
or economy, because there were many companies, and, consequently,
many masters, and every one of them tried to kill as many as possible.
But Mr. Rezanoff, seeing that such a management of the industry
threatened the final extermination of the seals, gave orders to stop
the killing, and in consequence of these orders no seals were killed on
these islands in 1806 and 1807, and all the employés were transported
to Unalaska.

In 1808 orders were again given to begin killing them, but circum-
stances that year only admitted of their being killed on St. George,
and they were not killed on St. Paul until the following year, and even
in the fourth year (1810) there was only a half catch there. From the
time of these close-times, that is to say from 1808 on the island of St.
George and from 1810 on St. Paul, up to 1822, killing was carried on
on both islands without the slightest economy and even with extreme
recklessness, so that the bulls were killed for their skins, and the
females perished by hundreds during the drives and on the way from
the rookeries to the slaughtering-places. It was not until 1822 that Mr.
Muravieff, the chief manager, gave orders to spare the young seals
every year for breeding purposes. But the then manager of the Pribilof
Islands, instead of sparing fifty or forty thousand seals, as he should
have done, in accordance with Mr. Muravieff’s instructions, did not
spare more ’ than eight or ten thousand during a period of four years.
Mr. Chistiakoff, who was governor of the colonies after Mr. Muravieff,
presuming that, in consequence of the instructions given by Muravieff,
the seals on St. Paul had increased in these fouryears to at least double
their former number, and receiving assurances to that effect from the
manager of the Pribilof Islands himself, gave instructions to kill 40,000;
and the new manager of the Pribilof Islands, in 1828, after employing
every means to kill as many seals as possible, ‘that is to say, to extermi-
nate the seal species, with all his exertions procured scarcely 28,000.

1 Part II, pp, 368-382.

VENIAMINOFF, 295

Subsequently, when it was plainly seen that the seals were decreas-
ing more and more, owing to this management of the killing, orders
were given to observe the greatest care in separating the adult and
young females from the seals which were to be killed, and to endeavor
to spare as many as possible even of the kind which had to be killed.
But all this hardly sufficed to keep the number of seals stationary, and
did not at all increase their numbers. Finally, in 1834, the board of
administration of the company, in consequence of the convincing argu-
ments presented to it by Baron Wrangel, resolved to make a new
arrangement on this subject by sacrificing present profits, and in con-
sequence of this only 4,000 seals are now killed on St. Paul instead of
12,000.

Close-times were observed for the seals on St. George in 1826 and
1827, and since that time great care and economy have been exercised
there in killing the seals.

From these facts it is evident that it was not until 1805, 7. e., at the
time of the consolidation of the companies, that any care was taken for
the preservation of the seal species.

It is also evident that half-measures are of no avail, or that, at most,
they only tend to preserve the seal species a little longer, and the
present measures, under present circumstances, are by far the best.
And if this policy of the company is continued for fifteen years, to wit,
until 1849, it may be confidently asserted that the seal species will have
more than trebled, and, with economical management, will long continue
to yield enormous profits. In the contrary case, however, if the com-
pany should be intent on present profits, the seals will very speedily be
exterminated. Table No. 2, annexed to this volume, suffices to prove
this.

Almost all the old inhabitants believe and assert that sparing the
seals, that is to say, not killing them for some years, does not contribute
in the least to their increase and only amounts to losing them forever.
They prove this by the fact that after close-times there always have
been fewer seals than there should have been; as, for example, on the
island of St. George after a close-time of two years for 5,500 seals, in-
stead of taking ten or eight thousand in the first year, as they had
hoped, only 4,778 were taken.

But this opinion, however convincing it may appear, is entirely
erroneous—

1. Because it is impossible that any species of animals or cattle
should perish of itself.

2. Because very many persons here believed it to be beyond a doubt
that the female seals begin to bear in their third year, that is, at the
expiration of two years after their birth; but as none of the close. times
known here lasted more than three years, it was impossible to see what
was the real increase. In fact, after a careful comparison of all the
results of the close-times, it is evident that the cows do not begin to
bear earlier than the fifth year of their life. The proofs of this are the
following:

a. In 1828, after the first close-time on the island of St. George, the
seals continued to decrease steadily at the rate of one-fifth annually,
until the fifth year. In the fifth year the decrease ceased. In the sixth
year there appeared an increase of one-twelfth as compared with the
preceding year, and in the seventh year there was an increase of one-
seventh (see Table No. 1). This shows that the females born in 1828 did
not begin to bear until their fifth year; and, taking into consideration
the fact that the largest increase occurred at the expiration of six

296. EXTRACTS FROM VARIOUS PUBLICATIONS.

years, it is evident that all the females did not begin to bear even in
their fifth year.

b. lt is well known that the male seal may become a bull (sekatch) in
his sixth, but not earlier than his fifth year. Can it be said, then, that
the females bear before their fourth year?

c. If the male seal cannot become a bull before his fifth year, then,
since according to Buffon’s opinion an animal may live seven times as
long as the time which is required for it to reach complete maturity, the
male seal may live at least thirty years and the female at least twenty-
eight years.)

Taking Buffon’s opinion as a basis, and employing the converse rea-
soning, it follows that an animal does not arrive at complete maturity
(and, consequently, cannot procreate his species) until he has com-
pleted the seventh part of his life. It follows also that the female seal
cannot bear before her fourth year.

There is, therefore, no doubt that the female seals do not begin to
bear earlier than their fifth year, that is, at the expiration of four years
of their life, and not in their third or fourth year.. It may be admitted,
of course, that some females have young as early as their fourth year,
but this is the exception, not the rule. In order to be more thoroughly
convinced of the fact that the cows cannot bear in their third year, it
is only necessary to glance at the two-year old female, and compare her
with the bull and the mothers, and every one will then say that it is
impossible.

Do the cows bear every year? And how many times do they bear
in the course of their life? It is very difficult to decide these questions,
because it is impossible to make any investigations on the subject, but
it is thought that the cows bear annually during their early years, and
every other year when they grow older. Consequently they may have,
under ordinary circumstances, from ten to fifteen pups in the whole
course of their lives, and even more. ‘This opinion is based upon the
fact that (excepting one year, 1832) no very great number of cows has
ever been seen without pups; but it cannot be said that unpregnant
females never visit the Pribiloff Islands, because such are seen there
every year. As to the number of cows which have no pups, it may be
assumed with certainty, according to the opinion and the ocular obser-
vation of the old inhabitants, that not more than one-fifth of the cows
that are seen are barren. Still, in order not to lead others as well as
myself into error in my estimates of the increase of the seals, I esti-
mate a third (as barren).

There is one more question which is very important in estimating the
increase of the seals, viz: Of the number of seals born in one year, how
many are males? And is the number of females always equal to the
number of males?

Judging by the bachelors which accumulated during the close-times,
that is to say, in 1822, 1823, 1824, on St. Paul, and in 182627 on St. George
itis evident that the number of bachelors was very variable; for in.

1 This opinion is corroborated by the observations of the old inhabitants, and par-
ticularly that of one of the best creoles, Shayashnikoff, who, on his arrival at the
island of St. Paul in 1817 noticed one young bull (recognizable by his bald head),
who at that time already had a large herd of cows, equal in number to those kept
by the vigorous old bulls. It must, therefore, be believed that this male became a
bull more than five years previous to that time, and that, consequently, he was then
more than ten years old, and this bull visited the island of St. Paul regularly every
year until 1832, i. e., for fifteen years longer, and always occupied one and the same
spot, and it is only in recent years that they have noticed that the number of his
cows was growing less and less. z

a Ball

i
:

VENIAMINOFF. 297

stance, on the island of St. Paul 11,000 seals were spared for three years,
and in the following three years 7,000 bachelors were killed there, 7. ¢.,
almost two-thirds of the number which had been spared; and, on the
other hand, from 8,500 seals which had been spared for two years on
St. George, less than 5,000 were obtained, 7%. ¢., little more than a third.
What is the cause of this variation? Is it because in some years more
bachelors or males are born than in others? Or are there years .in
which many cows have no pups? Both [suppositions] are probably
true.

I therefore, in accordance with the opinion of the hunters, estimate
that of the number of seals born in one year halfare males and half are
females.

In proof of the many facts with regard to seals related above, Table
No. 1 is hereto annexed, giving the number of seals killed on the
Pribilof Islands from 1817 to 1838. From this table it appears that—

1. There was not one ordinary year in which the number of the seals
killed equaled the number in preceding years; it was continually grow-
ing less and less.

2. The decrease of the seals is not uniform; sometimes it is a six-
teenth, sometimes a tenth, sometimes a fifth, and even two-sevenths,
but, on an average, an eighth.

3. Hence, under the ordinary course of the killing, within less than
fifteen years the whole seal species may be exterminated.

4. The least decrease is usually at a time when there was a less
number of bachelors than in the preceding years (7. e., when the young
seals were not entirely destroyed), and the greatest decrease occurred
when the number of bachelors had been less.

5. The number of bachelors is the true measure or criterion of the
actual number of seals; in other words, if the bachelors increase in
numbers, the young females, also, increase, and vice versa.

6. The bachelors separate from the herd, and assemble in herds apart,
not earlier than in their third year, as was seen by the close-times on
theislands of St. Paul and St.George (1822, 1823, 1824, 1835, 1836, 1837,
and 1826-27).

7. The decrease of the number of seals on the island of St. George
after a close-time of two years (1826~27), continued for two years and
steadily at the rate of one-fifth.

8. In the fifth year after the first close-time, the decrease may be re-
garded as having ceased; in the sixth year there was an increase of a
twelfth, and in the seventh year of one-seventh, and subsequently the
number of seals remained almost the same for three years.

9. If no close-time had been observed on St. George in 1826~27,
then, assuming the decrease as only an eighth (see sec. 2), not a single
seal would have been left on St. George by 1840 or 1842, as appears by
the following table:

Year. Seals. | Year. Seals. Year. Seals Year Seals
bse peices ee Bed ey, Aen eRe | Saad Genie
TO25 2 eos aese a 5, 500 | 1829 oso csecemen PAGS lM Oioenn nemcecaes 1, 360 | WSS a caccnsecina 700
UB26t. 22s case 4,400). 1830in cancun wae PGON PSB ee ee occas GN el lisatenertnncte = = sree 580
PS Aise seuieetreineiae S05 208| eaia ne aera PSI LSS iawasee see ae TT OAO ASSO 2 28 nde wine 500
CE ETS a et Tso eee 1, 554 | 1836 age ai B50! 1820) oc. ge 400

i

The decrease in recent years, however, must be estimated at more
than one-fifth, because the smaller the herd the fewer the bulls,

298 EXTRACTS FROM VARIOUS PUBLICATIONS.

that is to say, the protectors of the herd, and consequently so much the
more quickly would the orks exterminate them.

10. Hence a close-time of two years preserved the seal species for
more than ten years, and the loss suffered by the company during the
close-times (about 8,500) was far more than repaid; and the more so
as, if the company had not observed a close-time in 1826 and 1827 it
would not have procured more than 24,000 from 1826 to 1838, 7. e.,
in twelve years; but by having a close-time for only two years it
procured 31,576 sealskins in ten years,.and moreover may get more than
15,000 more without any close-time.

11. Thus, if so insignificant a number of seals spared on St. George
(about 8,500), and for so short a time, to wit, two years, yielded so large
a profit, namely, three times as many as the number spared, how great
would be the profits resulting from the recent policy of the board of
administration of the company on the island of St. Paul, where there
has already been a close-time for four years, and where more than
30,000 seals have been spared for breeding purposes up to this time.

If not for the sake of comparison, at least as a matter of interest, I
present here a table of the increase of the seals for fifteen years, from
7,000 spared on the island of St. Paul in 1835. (See Table 2.)!

By order of the board of administration a close-time, or sparing, was
observed on the island of St. Paul, for all the sealsin excess of 12,700; 7. e.,
in the preceding year, 1834, 12,700 seals were killed there, and in the fol-
lowing year, 1835, if there had been no close-time, not more than 12,200
would have been procured from the whole island under ordinary cir-
cumstances, estimating the decrease at only one twenty-fifth; but in
that year instead of 12,200 only 4,052 seals were killed; consequently
8,148 seals, including males and females, were left for breeding in 1835.

In drawing up the tables of the increase of the seals, however, I
assume the decrease as the average one, that is, one-eighth; and it then
follows that the number of seals spared will not be less than 7,060.

In the number of 7,060 seals, we estimate 3,600 females, that is, a few
more than the number of males.

I estimated that one-half of the new cows born during the close-time
would have young in the first year following and two-thirds every year
subsequently.

The females must decrease in numbers from natural causes at the
expiration of twelve years from the time of their first having young;
i. é€., at the end of eighteen years of their life, and at the end of the twen-
tieth year of their life they would be entirely useless for breeding pur-

oses.

Half of the young seals born at the expiration of four years after the
close-time, and subsequently are assumed to be females, and this num-
ber is inserted in the table and the males or bachelors are added to the
total.

It will be seen from the second table that—

1. The old cows—that is, those which were able to have young in
1835—must become extinct by 1850 (assuming the decrease at one-eighth
annually).

2. During the first four years after the close-time, 7. e., until the new
cows begin to bear, their number will usually diminish.

3. A number of seals equal to the number spared will be obtained at
the expiration of six years; double that number not before the expira-
tion of twelve years; treble that number at the end of fourteen years,

1 For tables, see the original publication,

VENIAMINOFF. 299

and at the expiration of fifteen years of sparing the seals 24,000 may be
taken the first year. 28,000 the second, 32,000 the third, 36,000 the
fourth, 41,000 the fifth ; more than 160 000 in the five years. Hence,
with economical management, that is, sparing one-fifth of the seals,
32,000 may be taken every year permanently, or, at least, for a very
long time.

4, Jn addition, during the fifteen years of the sparing 60,000 or 70,000
Say oa may be taken. making a total of 230,000.

. If there should be no sparing, the whole seal species would be ex-
fait forever at the expiration of fifteen years, and during all that time
it would not be possible, using every exertion, to procure more than
50,000 seals.

It must be said here that the most moderate estimates have been
made in the table as to the increase of the seals and the decrease of the
cows has been taken at the average rate. Moreover, on the island of
St. Paul. in 1836 and 1837, instead of 7 900 seals, only ‘4 860 were killed
in 1836 and 1837, and consequently 1,500 cows were spared there in
two vears. which were not taken into account in drawing up the table,
and which may yield a very lar ge increase.

In confirmation of the estimates with regard to the increase of the
seals on the island of St. Paul I annex a tabie of the increase of the
seals which were spared on the island of St. George in 1826 and 1827,
based upon the same reasoning as the preceding, which shows plainly
that my estimates were very near the truth. (See Table No. 3).

ba rae ; Fis atest ee ‘ayy gi out ate ey
Pees Hee Uh UCR aie BoM Ea Atoeaiee Petia UN ba
Pe 1k me pide hs) ry he plane mn Ce Hw a

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Seer oe Wiha, WO ERNE OG bia ane he. ep eet he aa oe aah
oa CT eR (CORO RS oc ieee ee, Halas Arg ‘SUS eA
Pcs eb ARSE 1 crate Litt uaatitieorsk: BE tig ea
AT ATID at ef Chibiegle Peiats A rake, i teak? icp Te a oe oa

Hide bP OL ei GS Efi bes) £4t Danie pili th A wa ae PE:

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= ib DCO ae Pal OS Oe 2 cae ae Aa {int A,

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: £9, Listens) (tale Vote oir UA Te aes ee DS Bek tied eval

; Rs tein Wie! Pon AMET ek Hype Goober pees Ee

can (BEER AE RAT Cie Van (Oi adem adh RT ae ers (ef nee

4 : fs é ' ADONIS PER EO OI dar A eo ee 7

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y Py oe Ok i Tea ates a Care > thle eee Doe re ae
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‘ babthvert etereten ellie str FE Br ie OR ieee ere ES apeet Mer at BS coleiea
a te Ore fi os BAL ie et ait : aT ay TA ri

+ 5 « ’

¥.4 . é ' Da Wiles > i

Ie eas ns t My A ath LAY! Aris dakar:

Bet a : Na cSMAC are e ited Det ie Sd & eco
Pw Tee amma = Ss th > [sy A Mh i pies Hoh ted Ce pe
eae aes pet ot San aie

MATTER RELATING TO OWNERSHIP OF CERTAIN SEALING
VESSELS SEIZED BY THE UNITED STATES.

EXTRACTS FROM NOTES MADE AT THE TRIAL OF THE CASE OF
WARREN vs. BOSCOWITZ AND COOPER.

IN THE SUPREME COURT OF BRITISH COLUMBIA.

BETWEEN HANNAH WARREN, PLAINTIFF, AND JOSEPH BoscowlITz
AND T. H. COOPER, DEFENDANT,

I, Harvey Combe, deputy registrar of the supreme court of British
Columbia, do hereby certify that the paper writing hereunto annexed
and marked with the letter A, and containing five pages, each respec-
tively bearing my signature, is a true and correct copy of extracts made
from the transcript of the official shorthand notes taken at the trial in
the above suit.

Witness my hand and seal of the said supreme court of British Co-
lumbia this 27th day of September, A. D, 1889.

[SEAL. | HARVEY CoMBE,

Deputy Registrar.
A.

IN THE SUPREME COURT OF BRITISH COLUMBIA.
(Before chief justice and special jury.)
JUNE 4TH, 1889,

Hannah Warren vs. Joseph Boscowitz and T. H. Cooper.
Mr. W. J. Taylor for the claimant, Hannah Warren; Mr. Theodore
Davie, Q. C., for the deft., Boscowitz.

(FIRST DAY.)

GEORGE E. MUNRO, under cross-examination by Mr. T. DAVIE:

856. Q. Come over and shew the jury exactly what this is made up
of. Remember that Mrs. Warren had nothing to do with the sealers;
yet she takes credit for this $504.40.—A. Mr. Boscowitz should have

-paid forit. Icharged it up to the Grace and gave Mr. Boscowitz credit
for it. These boats are supposed to be owned by Mrs. Hannah War-
ren. That is one of the items—there is the Dolphin’s chronometer.
That was charged in the general books which they had no business to
put in here. It was charged here, but should have been charged in
Mr. Boscowitz’ sealing books. Afterwards, to keep a correct account
with the sealing schooners, I afterwards brought it into these books.

301

302 OWNERSHIP OF CERTAIN SEALING VESSELS.

I gave Mr. Boscowitz credit for $504.40, which he actually never paid
out. It was journalized; the steamer Barbara Boscowitz money paid
that out. I gave him credit for it, and charged him as you will find in
these books, and it is charged there to Joseph Boscowitz and credited
to Boscowitz in these books, and there is the entry. Here is the Bos-
cowitz account in the sealing ledger; there is the whole $504.40 which
Mr. Boscowitz is credited with, and the different schooners are charged
with it. There is the entry.

857. Q. Now, where are the books of J. D. Warren & Co. where those
things are charged?—A. Well, I guess that is the cash book. That is
the winding up of the sealing business. He owed the sealing business
$22,000.00. That is what they made out of it.

858. Q. And that balance was divided between them?—A. That
balance was divided between them, but it never appeared? on the
books. That is what brings the balance down.

(SECOND DAY.)
JUNE 5TH, 1889.

GEORGE E. MUNRO, under cross-examination by Mr. T. DAvin.

929. Q. There is nothing in Mr. Bales’ account subsequent to this
account marked H,1. Mr. Bales’ account only makes up the balance,
$47,274.62, with which both accounts start. So, you see, there is the
whole account. Now, I want you to give me an answer. The question
I just asked you was, how is it that the combined balance of Mrs. and
Capt. Warren’s accounts amounts to the identical sum which is shewn
in “H” 1, which Capt. Warren’s amounts to? I want to know if you
can make it out by any of the books which you have shewn?—A. ‘There
are some of those items you have got that don’t appear on the books.

930. Q@. Where do they appear TA, Well, there is that $17,000.00,
that appears in the account and not in the books, to the best of my
knowledge.

931. Q. You took that from some book, some account?—A. Not
necessarily. Well, these accounts was divided up between Capt.
Warren and Mr. Boscowitz.

932. Q. You refer to the amount of $17,980.952—A. Yes.

933. Q. That was divided up between Capt. Warren and Mr. Bosco.
witz?—A. That was divided up between Capt. Warren and Mr. Bosco-
witz.

934. Q. That amount was the net gain, was it not, of the sealing sea-
son of 18862?—A. It was.

935. Q. Capt. Warren took half and Mr. Boscowitz took half. I
quite understand that, but does that fact account for this account ?—A.
That item is right here.

(THIRD DAY.)

GEORGE EH. MUNRO, under cross-examination by Mr. DAVIE:
1058. Q. That is all I Wanted to know. $3,200.00 out of $14,104.00
leaves $10,904.00, which was paid to him in cash and the first amount
paid by him on account of the sealers. Can you tell us by looking at
the books how much money Mr. Boscowitz during the year of 1886 put

WARREN VS. BOSCOWITZ AND COOPER. 303

into the sealers?—A. Somewhere about between $40,000.00 and
$50,000.00.

1059. Q. How much do you make it here?—A. That is not exact;
that is rough, to the best of my knowledge.

1060. Q. Does that include the “ B. Boscowitz” balance of $3,200.00 ?—
A. Yes; it does.

1061. Q. Where is it?—A. (Pointing.) There it is.

1062. Q. Well, it was $48,103.90?7—A. That is only rough. It is
between $40,000.00 and $50,000.00.

1063. Q. What money did Capt. Warren putin thatyear; anything?—
A. I don’t think so.

1064. Q. Well, whether it was $50,000.00 or $60,000.00?

WITNESS. $40,000.00 or $50,000.00.

1065. Q. Well, you call it $40,000.00 or $50,000.00. I think I shall
shew you presently it was $60,000.00. But whatever it was it was all
put in by Mr. Boscowitz. The net profit was how much?—A.
$17,980.95.

1066. Q. And was not that divided equally between Capt. Warren
and Mr. Boscowitz?—A. I believe that was the understanding.

1067. Q. Well, you believe that was done?—A. It does not appear on
the books anywhere.

Court. He may say that, but is not that the very same amount we
had on the books which did appear?

Witness. No, my lord; it does not appear on the books.

1068. Mr. DAvige. Well, does it not appear on the accounts?—A. I
believe it does on the accounts.

1069. Q. Which you drew up yourself?—A. Yes.

Court. The books may not include all the accounts between the par-
ties.

1070. Mr. DAviz. However, they were included in the accounts, and
were divided between both of them?—A. Yes.

1071. Q. So Mr. Boscowitz put in all the money for that arrangement,
and divided the profits with Capt. Warren?—A. Capt. Warren put in
the schooners.

1072. Q. Well, he was paid for them. Were not the schooners char-
tered at $200.00 a month?—A. There was a charter party with Grif-
fiths between them.

1073. Q. Griffiths had nothing to do with them?—A. Griffiths was
the assignee of Capt. Warren’s estate.

1074. Q. And was it not a fact that Mr. Boscowitz chartered these
from Griffiths, and paid the money for them—$200.002—A. I believe
there was a charter party.

1075. Q. Then it is not true, as you said just now, that Capt. War-
ren put in the schooners?—A. I never said it in any way. It isa
strange thing Mr. Boscowitz would pay him $8,000.00 or $9,000.00 if he
didn’t. :

1076, Q. Was it not a fact that Mr. Boscowitz did pay the charter
money for these schooners at the rate of $200.00 a month?—A. I don’t
know who paid it.

1077. Q. You know that it was charged in the account to Mr. Bosco-
witz. Did he not pay it? Tell us what sum they were chartered at a ~
month?—A, I am just looking for it. I don’t think the amounts—
they are not put down here.

1078. Q. But itis a fact that they were charged by Griffiths, the
assignee?

Mr. TAyLor. The charter party speaks for itself,

~

304 OWNERSHIP OF CERTAIN SEALING VESSELS,

1079. Mr. DAvise. Besides that, was it not a faet that Mr. Boseowitz
was allowing $100.00 a month to Capt. Warren besides half of the
A. Well, I don’t know that Mr. Boseowitz allowed it. I be-
lieve I put it down and had a row over it with Mr. Boseowitz.

* * * wi ¥ * *

1115. Q. You might tell me this before I sit down. This account
“IK” shews the balance of profit to be $22,140.20. How is that reduced
to $17,000.00? You ean just give us that by the books.—A. There was
a loss on the Thornton of $4,001.48; that is, the “Thornton” sailed for
the Behring Sea and never returned.

HARVEY COMBE,
Dep. Reg. Sup. Ct. B. CG.

EXTRACTS FROM THE EVIDENCE IN THE CASES OF WARREN vs.
BOSCOWITZ ET ALIOS AND BOSCOWITZ vs. WARREN ET AL., IN
THE SUPREME COURT OF BRITISH COLUMBIA.!

As to the interest Joseph Boscowitz had in the sealing business

sa hee on between him and J. D. Warren, from the port of Victoria,
B. C., for a number of years, beginning in 1868, and with occasional
interruptions of a year or more, continuing up to 1887, the following
evidence appears in atrialin the supreme court of British Columbia
before the chief justice and a special jury, Mrs. Hannah Warren, wife
of J. D. Warren, being plaintiff, and Joseph Boscowitz and T. H.
Cooper being inter-pleaders. The court opened June 4th, 1889.

The evidence given by the witnesses shewed this general business
relation:

That sealing schooners were obtained by Warren either by building
them or by purchase from other parties for him by Boscowitz; that
Warren supervised the fitting out of these vessels for sealing, super-
vised the running of the vessels, and the return of the sealskins to the
port of Victoria. Boscowitz furnished the money to fit out and pro-
vision the schooners and, in connection with his general fur business,
sold the sealskins either in Victoria, San Francisco, New York, or Lon-
don. After taking out all expenses the profits were divided equally.

About 1884 or 1886 Warren became bankrupt, and to keep the
schooners out of the hands of his creditors they were sold, nominally,
to T. H. Cooper, his brother-in law, who lived in San Francisco, Bos.
cowitz taking mortgages on them to secure his interests in the sealing
industry. These mortgages were up to the full value of the vessels,
The business and all its appurtenances, schooners, ete., at this date,
practically belon ged to Boscowitz.

On page 8 of the reported evidence the following statement appears

‘Mr. Taylor asks for production of bill of sale and mortg gage vehnigell
to by Mrs. Hannah Warren in her afft. of production, and also in the
notice to produce, stating that at the time areceiver was first appointed
if was attached as an exhibit to an aflidavit. Mr. Davie hands it to
Mr. Taylor, asking the court to note the fact, stating the date of the
documents to be 20th Fby., 1886, on which: ‘I, Joseph Boscowitz, now
residing in the city ot Victoria, under and by virtue of an indenture of
mortgage dated the 6th Feb’y, 1884, and registered the 3rd March, 1884,
for securing payment for the sum of $15,000, with interest, and an inden-
ture of mortgage dated the Sth July, 1884, and registered the same

\Inclosed in Consul Mey: er’s dispatch No. 197.

~~

|

WARREN VS. BOSCOWITZ ET AL. 305

date, and for securing payment of the sum of $15,000.00 and interest,
ete. 7”

“Court. He had two mortgages on the same steamer?

“Mr. Davie. Yes; two for $15,000.00 each; $30,000.00 in all.”

To shew how the business was run, Geo, KH, Munro, book-keeper for
J. D. Warren, testified as follows (page 62 of the record):

GEO. E. MUNRO, direct.

é Q. Well, now, ‘of that 13 or 14 or more thousand dollars of the net
earnings of that summer that you received, what did you do with
them 1A, That is, in 1886?

“(. Yes.—A. Well, some of it was banked.

“(). Who got it from the bank; do you know?—A. Well, Mr. Bos-
cowitz got some of it.

“(Q. Do you know how much?—A. Well, I gave him a cheque per-
sonally for $1,128.42.

‘“(. What were the items of the other ones?—A. Another amount
to Oapt. Williams. $600.00.

“Q. That is the master mariner in command?—A. The captain of
the boat.

“(. And the balance?—A. Was paid to Joseph Boscowitz.

“(). Whom did you give that $1,128.42 to?—A. To Mr. Boscowitz
per sonally. I gave one cheque, the first one, to Capt Williams, $600.00,
and the second | cheque to Mr. Boscowitz of $1, 128.42.

“(). What did you do with the balance of the money ?—A,. Well, the
balane e of the money was disbursed for the steamer, and what was ove 1
went to Mr, Boscowitz personally, or went into the office for his busi-
ness.

“(), After the running expenses of the Barbara Boscowitz were paid
he received the balance personally, or it was put in his business?—A. In
the sealing business.

“Q. What was the amount he received, either personally or that
went into the sealing business?—A. About $14,104.84. That was paid
to Mr. Boscowitz personally or by his order for the sealing business.”

On page 78 of the record, the same witness, the following appears.

GEORGE FE. Munno. (Cross-exé caine:

“(To witness.) Was not that $41,000.00 the settled balance between
Capt. Warren and Mr. Boscowitz when Mr. Boscowitz left for England
on the 25th October, 1886, which was when he left, was it not?—A. I
believe so.

“(). Was not the settled balance about $41,000.0027—A, Still, it does
not appear any place.

“(). But does it not appear from these accounts which you have
shewn?—A. In lead pencil it does.

“(. Well, the settled balance here appears of the two accounts to
be $35,000.00—$33,000.00 on the one and $1,700.00 and something on
the other, making $35,000.00 and some fractions in all. Add to that
$5,530.00 (7) and something, makes it altogether $41,000.00, Now, is
it not a fact that mortgages were given at that time on the different
vessels for $41,000. 002 r will just remind you of it. Were not these
mortgages eiven at the time that Mr. Boscowitz left for England,
which you say was the 25th Oct., to secure this by Cooper? On the
Barbara Boscowitz $20,000.00, on ’ the Grace $6,000.00, on the Dolphin
$6,000.00, on the Anna Beek $b, 000,00, on the W. T agt Sayward $2,500.00,
on the Rustler, making in all BAL, 000 O0?—A, Well, if you show me
the books I will tell you,”

12364———20

306 OWNERSHIP OF CERTAIN SEALING VESSELS.

The witness did not answer, but referred to the books he had kept
for Warren, which were sent for, and the facts substantially brought
out.

In the supreme court of British Columbia, before Sir. M. B. Begbie,
C. J., December 9,.1890, Hannah Warren, plaintiff, vs. Joseph Bos-
cowitz and Thomas Henry Cooper, defendants, Joseph Boscowitz testi-
tied as follows as to the ownership of the schooners used in seal-catch-
ing (pp. 24 and 25 of the court record):

JOSEPH BOSCOWITZ (cross-examination) :

“Q. In 1886, you say, the charter money was paid to Griffiths, the as-
signee?—A., I think he got $350. 00—something like that—atter deduct-
ing the outfit of the vessels. It is in the account. I think there was
$350.00 given to him. The account will shew it—1886.

“Q. Do you recollect how much it cost to outfit those vessels?—A. The
charter? No; I cannot tell without going to the books. Ihave never
looked into these things; never paid any attention.

“Q. You treated the vessels as Warren’s that year, too?—A. I don’t
know whether they were his or not. They could not have been his,

because they were in the hands of the receiver. I was virtually owner |

of them. ‘They could not take mortgages from me, but this man was
appointed assignee, and I thought it better to charter the vessels than
have them sold. At that time a schooner was worth nothing.

““Q. Was that what you agreed to do—carry his property?—A. No;
I didn’t.

““(). Never?—A. No, never; not to carry his schooners. Why, those
schooners were mortgaged to me for $12,000.00, put up at auction, and
could not get $2,500.00 bid on them.

“Court. Not on the whole thing, do you mean?”

“A. No, sir; not in 1886. The sealing business had gone down to
nothing. That is the first year they went into the Behring Sea. I think
I offered them in 1885—yes, 1885—but could get nothing for them.”

The same witness, still in cross-examination, says, on page 26 of the
record, as to the loss of the schooner Rustler, the insurance on her, and
Warren’s manner of making accounts, that:

JOSEPH BOSCOWITZ (cross-examination) :

“Q. Asa matter of fact, you did not get the insurance on that ac-
count?—A. Not at all. Capt. Warren wrote to me in a letter that he
had swelled it all he could, because he thought the underwriters would
not pay it; but the cargo was insured for 1 000 pounds. You have no
trouble about getting it. There are the bills there. Nineteen hundred

was for store account. He made it as large as he could.”

And on page 27 this question and answer:

“Q. You got all the insurance?—A. The cargo is credited to the seal-:

ing account and the hull is credited direct. I held the mortgage for
$1, 500.00 on the hull, and he got the benefit of $1,000.00.

&Q, You say that Capt. Warren swelled this account?—A. Yes; I
have got the letter to shew it.

ae Q. Do you recollect the time the Barbara Boscowitz fell off the
ways?—A. Yes; to my sorrow.

“Q. Do you recollect the directions you gave him?—A. Yes; I told
him to abandon her. The underwriters told him that.

““Q. Do you recollect telling him to swell this account?—A. Not to
my knowledge. He swelled it to $12,000.00 and only got $6,000.00. It
was for his o own protection if I did, I knew that he could not get
more than haif of his insurance.”

ih asses Bs <dolaa tht tes

WARREN VS.’ BOSCOWITZ ET AL. 307

Court adjourned until December 12th, 1890. Court resumed Decem-
ber 12th, 1890, and following record made, page 28:

JOSEPH Boscowi?z (cross-examination—continued) :

“Q. About the putting in of those claims—you remember in 1887
when these schooners came back from seizure—when were the first
claims made against the United States Government, and where?—A.
I think they were made up here.

“Q. Do you remember anything about those claims?—A. I don’t
recollect very much about it. Capt. Warren, I think, and some of the
other sealers got together and made them up.

“Q. Did you ever see the claims?—A. J think I did.

“(. You say that Warren and some of the sealers got together and
made them up?—A. I think that is the way it was done, and he went
forward with them to Ottawa.

“Q. Are you sure about that?—A. Yes; pretty certain.

“Q. Did Capt. Warren take the claims to Ottawa?—A. Yes.

“(@. They were made up here?—A. Yes.

‘“@. We will go back to these claims—the Grace the Dolphin, the
Sayward, and Anna Beck—they were in 1887?—A. Yes.

‘¢@. You saw those claims here after they were made up?—A. Yes.

‘““@. Were they made up simply in your name?—A. No; simply a
memorandum.. I think I have got the memorandum of it.

“ Q. Do you know in whose name they were preferred?—A. I heard
that when Capt. Warren returned.

“@Q. I am not talking about other claims.—A. No; I told him they
should be put forward in my name.

“(. Didn’t you see these first claims before they went forward to
Ottawa?—A. Simply a memorandum.

“Q. You swear you did not have the claims and made them up your-
.self?—A. I think so.

‘“(Q. Those are the first set of claims that went, your lordship. The
revision of these claims came afterwards?

WItTNEss. Yes; Capt. Warren took them on, I think.

“Q. I think you are wrong about that.—A. I don’t recollect, but I
think he went on with them.

“Q. Anyway, he went on to Ottawa?—A. Yes.

“Q. To revise those claims?—A. Well, we supposed they were made
out perfectly ; and when he got there—I think he went on to New York
and had a lawyer and revised them there, and then he went back to
Ottawa—and I thought you had something to do with that.

“(. You don’t remember so very much about the claim that went in
at first?—A. I think I have just got a memorandum in Capt. Warren’s
handwriting of each schooner.

“Q. Hadn’t you those claims made out in the name of the registered
owner?—A. No, never; he had no interest in them.

‘“@. You have also sworn that you paid Capt. Warren’s expenses to
Ottawa?—A. Yes, I gave him money.

““@. Did you charge it to him?—A. I think it is charged.
~“Q. That is the way you paid it?—A. Charged it to the sealing ac-
count—$650.00 to New York—$650.00 to New York, and I gave him the
money to go with, and then when he came back there was a division
among all the sealers, and each one paid his proportion in cash.

“@. But the money you advanced him to go there you charged
him? thee I did, and he has got credit for it in his aecount—the sealing
account,

308 OWNERSHIP OF CERTAIN SEALING VESSELS.

“Court. To the sealing account at once or to him in the first in-
stance?—A. Lcharged it to him, and then it went back to the sealing
account again.

‘““Mr. BELYEA. I think you stated the day before yesterday that what-
ever the arrangement was in 1881, as to the carrying on of this sealing
business, was carried right thr ough ?—A. I think so—never but one.

ie Will you state what that was?—A. He was to have half profits.

““(. Anything else?—A. I was to stand all the losses.

“(). Anything else?—A. No, nothing else; there is nothing else to
be said.”

On the point of ownership of the schooners Boskowitz testified, in
cross-examination, as follows, commencing on page 47 of the record:

‘“‘@. You held mortgages on these schooners, then?—A. I did.

‘“(). In the fall of 1886 you sold those schooners under the mort-
gages?—A. I think so.

‘‘(). Did you realize any cash from the sales?—A. No.

“@. Not a cent?—A. No.

““@. Did you expect to realize when you sold them?—A. In 1886?
I did not want to sell them—Capt. Warren did not want them sold—
simply a transfer to himself—to his brother-in-law. I do not know that
there were any bidders for it. I don’t recollect that sale very much.

““Q. You sold under the mortgage?—A. Yes; I think So.

“(. You did not realize any cash?—A. No.

‘““@. You simply turned round and took other mortgages from——A.
From Cooper at Capt. Warren’s request.

““(. How did Capt. Warren get control of them, then?—A. He was
only manager.

“(@. For whom?—A. For Cooper.

““(. As manager for Cooper, hehad control of the vessels?—A. Capt.
Warren—he had control of them—did as he liked with them; he was
the owner—the virtual owner.

“(. Subject to your mortgages?—A. Yes.

‘““Q. And the next year they were put into the sealing business?—A.
Yes.”

J.D. Warren assigned to J. W. Griffiths, and the schooners were
afterward nominally sold to T. H. Cooper, as has been stated. On page
68 of the record J. D. Warren testified as to the business arrangement
with Boscowitz, as follows:

J. D. WARREN, direct:

“ During the sealing season of 1885 did you and Mr. Boscowitz carry
on the sealing business?—A. In 1885 we did.

“On what terms?—A. The same as usual.

“Court. That is what you both say—what were the terms?—A. I

was to put in the schooners, Mr. Boscowitz was to put in the cash
against the schooners, buy seals, and go into the sealing business on
joint account.

af Q. He was to put in cash against the schooners?—A. He was to
put in all the cash necessary. Iwas to putin the schooners. One was
against the other. We was to go into the business.

“Mr. BELYEA. Now, when you came into the sealing season of 1886,
had you the vessels in your control?

A. No.

“@. Who had the vessels?—A. J. W. Griffiths.

“QQ. What were the arrangements between you and Mr. Boscowitz
about the vessels for 1886?—A, Well, in the first place, Mr, Boscowitz,

WARREN VS. BOSCOWITZ ET AL. 309

when I made the assignment he wanted—he said there wasn’t any
reason why the business should not be carried on in Mrs. Warren’s
name and under his instructions, and get a set of books for them parties,
but he changed his mind afterwards. We talked it over, and he said
he had come to the conclusion he would carry it on in his own name—
it would be safer. Therefore then we started in 1886 we chartered the
vessels from Griffiths with the understanding it was to be on joint ac-
count, the same as usual, and he had the thing and business done in his
own name, and had a set of books, and instructed Munro, who went
and got a set of books and started them for Mr. Boscowitz. I went
sealing that season, and Mr. Boscowita stayed here and attended to the
business.”

Then, as to the manner in which the accounts were made up and pre-
sented at Ottawa, the same witness testified as follows, commencing on
page 72 of the record:

‘‘Q. When the claims were made up this season in 1886 and 1887 who
made the first claims up; under whose direction and where were they
made up?—A. The claims in 1886 was made up here—the Thornton ;
I am under the impression it was drawn from Drake and Jackson’s; I
would not be positive—I fancy so—and then sent by Mr. Boscowitz to
[through?] Mr. Hamley to Ottawa.

“Q. (CouRT.) It is not so much a question by whose hand it was
made—whose particular clerk, but by whose instructions?—A. Mr.
Boscowitz and myself; we joined together in making up these things
and also we used to have Munro, I don’t know whether we did in 1886
or not. Iam pretty sure we must have.

“Q. What was done?—A. As near as I remember, Mr. Boscowitz
gave them to Mr. Hamley to send to Ottawa.

“Q. Then the statements he made, you took them, and sent them,
and kept a copy?—A. At any rate, I took the rough copy in 1887; the
others was already sent to Ottawa. I took the rough copy with me
down to New York, and Mr. Boscowitz’s brother introduced me to a
lawyer, and he made type-written copies, and those are the copies.
They were sent back; those were taken from the rough sketches that 1
took, that was prepared by myself and Mr. Boscowitz; and Mr. Munro,
I believe, he put them in shape for me; butthe rough copies never was
returned to me, and these were sent to me afterwards, but not used.”

(No exceptions taken to their being correct copies.)

““Q. In 1887, when there were other claims to be made up, were they
treated in the same way?—A. They were treated in the same way.

“Q. The original claim was prepared here and sent to Ottawa
through Mr. Hamley?—A. Through Mr. Hamley, I believe; I don’t
think I had anything to do with giving them to Mr. Hamley.

“Q. Yourself went to Ottawa in the fall of 1887?—A. Yes.

“<Q. At whose instigation and why did you go?—A. Well, partly
my own. We counselled together, myself and Mr. Boscowitz, and
several other parties that had their vessels seized, and it was agreed
between all of us that I should give any information there that they
should require at Ottawa. We did not expnect to have make the claims
over there when I left, but it was to give them any additional informa-
tion they might require.

“Q. To give the department of marine and fisheries any information
they required ?—A. To go over them and put them in different shape
—different style. The Hon. Mr. Foster was the party I had the deal-
ings with,

310 OWNERSHIP OF CERTAIN SEALING VESSELS. -

‘*Q. The original claims that were sent through Mr. Hamley were
there then?—A. They were at Ottawa when I got there.

‘““(). And those are the claims that were revised?—A. Those are the
claims that were revised.

‘©(). And I understand that the claims that went through Mr. Ham-
ley were simply the approved copies of the rough drafts that you took to
New York?—A. They were the best copies made from the rough draft.

(J. And those are also copies made from the rough draft?—A. Yes;
{ don’t know how they run with the rough draft, because it was not
returned to me. The copies were returned to me, but I did not get
the rough draft back.

“Mr. BELYEA. I will put in these several documents.”

(Seven documents put in, marked Exhibit J.)

“Court. You will have to identify those documents. What are
they?

“Mr. BELYEA. They are copies of the rough draft of the claims.

“Court. Where are the rough drafts themselves?

“Wirness. I left them in New York.

“Q. I thought he said he took them with Mr. Boscowitz’ brother to
New York, had copies made, then brought them here?—A. No; Mr.
Boscowitz’ brother introduced me to a lawyer there in New York, and. I
left them with him. He thought he could put them in much better
shape than we had them; but he simply made copies of them and sent
them back tome; but he retained the rough draft; those are the copies
that were sent to me, but we didn’t use them.

‘““Q. Who made these copies? How do you know they were copies?

Were they made in your presence?—A. They were made in my pres-
ence. I made no rough copies in New York, and we sent the document
to Ottawa. I don’t know how correct they are, but I know in every
little detail.

“Q. Ido not think (to Mr. Belyea) they are admissible, unless you
prove something more than that.

“Mr. BELYBA. I submit that under the circumstances they are quite
admissible. We have first the rough draft of those that Capt. Warren
took to New York, and left there. That rough draft was to be revised
in some way.

WITNESS. Put in shape.

“Mr. BELYEA. And forwarded to him. (To witness). Did you go to
Ottawa from New York? :

“A. Yes; I went back to Ottawa.

““(. And where did you receive those? A. They were sent to me at
Ottawa.

“ATTORNEY-GENERAL. We can compare those with some authentic
document we have, and then we can tell whether they are true copies.

“Court. They are not admissible for amoment; it would be doubly
assured, because we do not know who drew these copies and made
them; and in the next place [to Mr. Belyea], while you allege them to
be copies, you say they were left with somebody not to be copied, but
altered, and then you say in conflict with these directions they sent you
those exact copies.

“Mr. BELYEA. Capt. Warren says they merely copied the rough
draft.

“Court. Has he compared them ?

“Mr. BELYEA. Probably not. Ifmy learned friend has got the origi-
nal, let him produce them. |

WARREN VS. BOSCOWITZ ET AL. 311

“ CouRT. You say they are left in New York ; how can he produce
them?

‘‘ ATTORNEY-GENERAL. I say, if you will let me have them I will
compare them with some authentic documents that I have.

‘WITNESS. I don’t think Mr. Davie has got any copies of the origi-
nal. [am not aware of it.

“Mr. BELYEA (to witness). In makingup of the claims in 1886 and
of the claims in 1887, was it ever suggested by Mr. Boscowitz or any-
body else that the claims should be in his name ?

(A. INO; never.

‘““(. In whose name were the claims made up here?—A. Made in the
name of the party the vessel was registered in.

‘¢Q. Were the claims that went through, Mr. Hamley, made up in
that way?—A. They were.

“Court. That was in Cooper’s name?

‘Mr. BELYEA. Yes; and Warren himself was the registered owner
ob

“WiITNEss. The Thornton.

‘“Q. While at Ottawa you not only had the revision of your own
claim but of the others?—A. I had.

‘<Q. In every case of the others, in whose name was the claim made
out?—A. The registered owner, I believe, in every case.

“Court. You mean not only these that belong to Mr. Boscowitz and
yourself, in whatever relation, but also the other schooners that had
been seized?

‘“ A, All the other schooners.

“Mr. BELYEA. Now, do you recollest having got any instructions
from the department of marine and fisheries as to this particular
point of the claim—of having had any conversation with the official
about it—about in whose name the claims should be made out?

“A. I always understood that it had to be made up, both by legal
advice here and the authorities there, that they all had to be made up
in the name of the registered owners both here and at Ottawa.

“@. When you went to Ottawa did Mr. Boscowitz instruct you in
any way whatever to put these claims in his name?—A. He did not; in
no way whatever.

“@. So that the claims stand to-day, so far as in whose name they
are, exactly as they did when they first left here?—A. They are just
the same to-day.” -

Court gajaumied to Dec. 13th, 1890, at 11 a. m.

Court in session, December 13th, 1890.

James D. Warren, in chief examination, after stating how many ves-
sels he had out each year engaged in the sealing business, testified as
to the value of the schooners, commencing on page 78 of the record, as
follows:

“(. And in 1887 how many vessels were put in?—A. Well, I believe
I had six vessels in 1887. The Mary Taylor -took the place of the
Thornton; the Thornton was seized, and the Mary Taylor was bought.

‘““@. I want you to state, as nearly as you can, what the cost ot those
vessels was?—A. The cost of running them?

““Q. No; the vessels.—A. Well, I put the Thornton, I think, -at
$4,000. 00—that i is the time she had her machinery put into her, and was
made a steamer of—and the Sayward, say, cost—well, the Anna Beck,

312 OWNERSHIP OF CERTAIN SEALING VESSELS.

she would cost $4,000.00; we paid that in the first place and then I put
machinery in her afterwards, so she would—-and then she was burnt—her
decks were burnt out. They were raised on here, and made her larger
and a good deal of money was spent on her. After that she was valued
at about $8,000.00. The Grace when she was all ready fitted out, and all
the gear aboard—for passengers, and her hoisting gear, and all this—
she cost about $16,000.00, and the Dolphin about the same. The Say-
ward cost, say, between $6,000.00 and $7,000.09.

“@. But did you always own the whole of the Sayward?—A. No;
only half.

‘“Q. Who was the owner of the other half?—A. Andrew Laing.

“Court. Then there is the Rustler.—A. The Rustler, she was
bought in the fall, I think.

‘‘Q. I mean to say, what was her cost?—A. We bought her a wreck
and had to fix her up. She cost, I think, something over $2,000.00.

‘Mr. BELYEA. After she was fixed?

“A, Yes; I think she cost in the neighborhood of $2,500.00, alto-
gether, when she was put in thorough order.”

Court in session, December 15th, 1890.

J.D. WARREN, in cross-examination, page 117 of the record, as to
his claim against Boscowitz, testified as follows:

‘“(. What do youclaim, as against Mr. Boscowitz, in respect of these
schooners; the whole of their value, the half of their value, or what?—
A. In respect of what, the hulls?

“Q. Yes.—A. Well, I don’t know about that. That is for the court
to decide about that.

“Q@. Well, what do you claim?—A. Well, I claim that I put in so
much money; that Mr. Boscowitz was to furnish what he didn’t furnish
for the sealing business. I furnished it.

““Q. Iam asking you in respect of the schooners. Do you expect
any claim, or make any claim?—A. Well, I don’t know. I made a
claim against the United States.

‘“Q. Are we to understand that you make a claim against Mr. Bos-
cowitz in respect of these schooners or not?—A. That is for the court
to decide.

‘‘Q. Do you think if you do not make any claim the court will de-
cide you have a claim? Are you making any claim against the United
States Government in respect of these vessels?—A. I am; yes.

“Q. Do youmake any claim against Mr. Boscowitz in respect of this
business?—A. My business? I gave it to the creditors.

‘‘(). Do you or have you instructed your assignees?—A. I don’t know
what the assignees did.

‘“‘(. Have you made any claim, or do you make any claim against Mr.
Boscowitz?—A. I don’t know, personally, I make any claim against
him. I put in so much money that he was to furnish for the outfit.

“Court. If he makes a claim against the United States it must be a
claim in derogation of Mr. Boscowitz’s claim, because, whatever befalls,
you would suppose he claims enough to pay the mortgages in full.
What is the nature of the claim made against the United States—the
whole value of the schooners, or only so much as remained after the
mortgages were paid off ?

“A. I put in what I value the schooners at, and outfit, and I was

WARREN VS. BOSCOWITZ ET AL. 313

under the impression it would stand over until these things were sct-
tled—the schooners, hulls, and outfit.
“Q. And cargoes?—A. Yes; I put in claims for the whole thing.
“Q. Including the cargo?—A. Including the cargo.”

Court in session December 16th, 1890.

JOSEPH BoOscowWITz (commencing on page 143 of the record), in an
swer to the question, “‘ What was done in 1885?” testiiied :

“ ATTORNEY-GENERAL (to witness). In 1885 and 1886 the schooners
went out?

“A, The reason that the charter was started in 1886 was for this pur-
pose: J held the mortgages on the schooners, and no one could take
them from me. I had put in about $40,000.00 or $50,000.00, and I could
not afford to let these schooners go to sea and come back with a car go
and have it seized by his creditors. I took the precaution of charter-
ing these schooners, and that continued right down to the—he was in
the same position in 1886 as in 1887, and I was not going to allow his
creditors to come and seize my property. That was the reason of the
charter—the beginning of it—and it was with his consent.”

I certify that the foregoing extracts from the evidence before the
supreme court of British Columbia in the cases of Warren vs. Boscowitz
and Cooper; of Warren vs. Boscowitz et al., by original action, and Bos-
cowitz vs. Warren et als., by counterclaim, at different dates from June
4th, 1889, to December 16th, 1890, are true copies of said evidence now
in the hands of the registrar of the supreme court of British Columbia,
so far as the said extracts pretend to quote said records.

In witness whereof I have set my hand and affixed the seal of the
consulate at Victoria, B. C., this 23rd day of November, A. D. 1892.

[SEAL.] Levi W. MyYmrs.

EXTRACTS FROM THE “CASE ON APPEAL” IN THE CASE OF
WARREN ET ALIOS vs. BOSCOWITZ ET ALIOS

Statement of defence of J. Boscowitz (pp. 6, 7).

1. During all the times mentioned in the statement of claim, and con-
tinually since, and now and during all the times mentioned in the state-
ment of defence, the plaintiff was and stillis the wife of one James
Douglas Warren, of the city of Victoria, master mariner.

2. That the said steam vessel, the Barbara Boscowitz, was constructed
by the said J. D. Warren, and by him registered in the name of J. A.
Sayward, who held the said vessel only as a trustee for the said J. D.
Warren, and the said vessel was mortgaged to the defendant, Bosco-
witz, to secure $30,000 and interest moneys advanced by the defendant,
Boscowitz, towards the construction and otherwise on account of the
vessel.

3. That besides the said sum of $3U,00U so secured by the said mort-
gage upon the said steamer Barbara Boscowitz, there was at the time
of the offer by auction, hereinafter mentioned, a large sum of money
due from the said James D. Warren to the defendant, J. Boscowitz,
which moneys, together with the said sum of $30, 000, amounts to
$64,503.05, and which said sum of money was also secured by a judg-

314 — _ OWNERSHIP OF CERTAIN SEALING VESSELS.

ment of the supreme court of British Columbia, dated 17th December,
1885, and also by mortgages over a number of sealing schooners owned.
by the said J. D. Warren. ‘That on or about the 15th day of February,
1886, the sum of $30,000, besides an arrear of interest and some other
moneys remaining due to the defendant, J. Boscowitz, under the secu-
rity of the said mortgage, the defendant, J. Boscowitz, offered the said
vessel, Barbara Boscowitz, tor sale at public auction at the city of Vie-
toria, but there being no bidders, one R. 8S. Byrn, at the request of the
said defendant, bought the vessel in. ‘The said defendant was an
American subject and could not hold the ship in his own name.

4, At the time of the said auction offer the said James D. Warren was
the agent of the defendant, Joseph Boscowitz, and had managed large
sealing interests for the said defendant, the result of which had been to
considerably reduce the judgment debt owing by the said James D.
Warren to the defendant, and for the purpose of holding the said vessel
as a security for moneys owing to the said defeudant, it was pro-
posed by the said James D. Warren that the steamer should be regis-
tered in his wife’s name, but on account of difficulty in registration the
defendant, Thomas H. Cooper, was sent for, and an account was then
struck between the said James D. Warren and the defendant, Joseph
Boscowitz, of the moneys remaining owing to the defendant upon his
said judgment, and otherwise to the defendant by the plaintiff on account
of their business relations, and the defendant being about to leave for
England, entrusting his affairs in British Columbia to the agency of
the said James D. Warren, it was arranged between the said James
D. Warren and the defendants, Boscowitz and Cooper, that all of the
vessels, including the said Barbara Boscowitz, should be transferred to
the name of the said Thomas Henry Cooper, aud upon the striking of
the said account of the dealings between the defendant, J. Boscowitz,
and the said James D. Warren, the sum of thirty-five thousand six hun-
dred and twenty-one dollars and twenty-six cents was found to be the
balance due from the said James D. Warren to the defendant, Joseph
Boscowitz.

5. The said Thomas Henry Cooper then and there, at the request
and direction of the said James D. Warren, executed mortgages to se-
cure forty-one thousand dollars ($41,000), being the above balance of
$35,621.26 and a further sum of $5,378.74, then advanced in cash to the
said James D. Warren. The mortgages so executed by the said James
D. Warren were upon the vessels and for the sums following, that is
to say: On the Barbara Boscowitz, $20,000; on the Grace, $6,000; on
the Dolphin, $6,000; on the Anna Beck, $5,000; on the Sayward, $2,500;
on the Rustler, $1,500; total, $41,000.

6. The plaintiff took no part in the-said transactions, and the same
were carried on solely by the said James D. Warren, and the said de-
fendant, T. H. Cooper, had no interest in the property except as a trus-
tee for the said James D. Warren.

7. That since the date of the said mortgage of the said steamer
Barbara Boscowitz, the defendant, J. Boscowitz, has made advances
for repairs insurance, etc., amounting to $19,500, and has received in all
on account of the said steamer the sum of $11,900, and the interest
moneys which were owing to the defendant, Boscowitz, in respect of his
said mortgage to the 15th of January, 1889, was $4,263.15. The
steamer is entitled to a credit of $1.673 for insurance refunds, leaving
an actual balance due to the defendant, J. Boscowitz, upon the mort-
gage security of the said steamer Barbara Boscowitz, of $30,190.15.
Save as herein stated the defendant, Joseph Boscowitz, denies each and

WARREN ET AL. VS. BOSCOWITZ ET AL. 315

every allegation in the statement of claim, and the defendant, Joseph
Boscowitz, claims the same benefit as if he had demurred to the state-
ment of claim.

PLEADINGS—COUNTER CLAIM.

Delivered in pursuance of order of the Honorable the Chiet Justice,
dated Ist May, 1889.

And by way of counter claim the defendant, JosEPH Boscowi1Tz,
repeats the allegations contained in his statement of defense, and fur-
ther says as tollows:

1. In the month of March, 1886, the defendant, Joseph Boscowitz,
chartered from the defendant, James Douglas Warren, the said schoon-
ers Grace, Dolphin, Thornton, W. P. Sayward, Anna Beck, and Rustler,
for the purposes of sealing.

2. The defendant, Joseph Boscowitz, fitted out the said schooners at
a large expense for the purposes of the said sealing adventure, and
sent them to sea under the management of the defendant, James Doug-
las Warren, and promised him, the said James Douglas Warren, in
consideration of the care and attention of the said James Douglas
Warren to the concerns of the defendant, Boscowitz, in respect of the
said sealing adventure, that he, the said Joseph Boscowitz, would give
to the said James Douglas Warren an amount equal to one-half of the
profits of the adventure.

3. The said schooner Thornton was, during the said season, seized by
the Government ofthe United States States of America for an alleged
infraction of international law, having on board at the time a large
cargo of valuable sealskins, but the other schooners returned in safety,
and the said Joseph Boscowitz, in pursuance of his promise, allowed
the defendant, James Douglas Warren, an amount equal to one-half
the profits of the adventure, amounting to about the sum of $17,000.

4, In the year 1887 the defendant, Boscowitz, again chartered from the
defendant, James Douglas Warren, the said schooners Grace, Dolphin,
Anna Beck, W. P. Sayward, and a schooner called the Mary Taylor,
and after fitting out the said schooners at a large expense, sent them
to sea upon a sealing expedition, under the management of the defend-
ant, James Douglas Warren, upon the same promise as that set out in
paragraph 2 hereof.

5. The said schooners, except the Mary Taylor, were all seized during
the said season by the Government of the United States of America for
the said alleged infraction of international law.

6. The defendant, Boscowitz, expended during the said season of the
year 1887 for supplies, seamen’s wages, and other expenses of the said ~
adventure, upwards of the sum of $33,000.

7. Believing the said seizure to be a wrongful one, the defendant,
Boscowitz, joined with certain other persons, whose schooners had also
been seized by the said Government, in a claim for compensation for the
said seizure.

8. The said claim was formulated and sent forward through the
agency of the Dominion Government, and the defendant, James Douglas
Warren, at the request of the defendant, Boscowitz, and the said other
parties, proceeded to Ottawa to represent their interests and assist in
formulating their said claims, and the defendant, Boscowitz, paid for the
expenses of the defendant, James Douglas Warren, incident to the said
journey and for legal advice, the sum of $1,200 and upwards.

9. It was distinctly understood and agreed between the defendant
James Douglas Warren and the defendant Joseph Boscowitz that the

316 OWNERSHIP OF CERTAIN SEALING VESSELS.

said claims should be presented in the name and on behalf of the said
defendant Boscowitz, but the defendant James Douglas Warren, in
breach of the said agreement, presented the claim, in respect of the
seizure of all the said schooners except the 7'hornton, in the name and
on behalf of the defendant Thomas Henry Cooper, and as to the Thorn-
ton, the defendant James Douglas Warren presented the said claim,
and it still remains in his own name.

ANSWER.

The answer of the defendant (by counter-claim) James D. Warren
to the counter-claim of the defendant in the original action herein:

1. In answer to paragraph one of defendant Boscowitz’s amended
counter-claim in this action, the defendant James D. Warren says that
the said Joseph Boscowitz did not charter from this defendant the
schooners Grace, Dolphin, Thornton, W. P. Sayward, Anna Beck, and
Rustler, as alleged, but says that the said schooners were so chartered
for the season of 1886 from one John W. Griffiths, at that time assignee
of the estate and effects of said James D. Warren.

DECREE.

THE 23RD DAY OF DECEMBER, A. D. 1890. -

The trial of the cause having proceeded before the Hon. Sir Matthew
Baillie Begbie, knight chief justice of this honorable court, without
a jury, on the 9th, 12th, 138th, 15th, and 16th days of December, 1890,
in the presence of the Honorable Attorney-general as of counsel for the
said Joseph Boscowitz, and of Mr. Belyea and Mr. Helmeken as of
counsel for the other parties hereto, except Thomas Henry Cooper, who
did not appear, although duly notified, upon opening and debate of the
matter, upon reading the statements of claim and defense, and the cer-
ficate of the registrar of this honorable court, dated the 24th day ot
June, 1889, by which it appears that the matters raised by the said
Hannah Warren, in her statement of claim, have already been adjudged
and determined adversely to her, and that the matters remaining for
consideration are those matters raised by the counter-claim, and the
defense thereto by the defendants, Thomas H. Tye, Matthew T. John.
ston, aud Arthur L. Belyea, dated the 29th day of May, 1889, the de-
fense to the said counter-claim of the defendant Thomas Henry Cooper,
dated the 28th day of May, 1889, the defense of the said James D.
Warren, dated the 12th day of July, 1889, and the respective joinders
of issue of the said Joseph Boscowitz, to the several defenses of the
said Arthur L. Belyea, Matthew T. Johnston, and Thomas H. Tye,
Thomas Henry Cooper, and James Douglas Warren, upon reading the
several proceedings in the cause, including the order dated the 19th day
of June, 1589, whereby, after hearing counsel for all the parties hereto,
it was ordered that all parties be restrained, until the further order of
this court, from receiving from the United States Government, the Can-
adian Government, or from any minister of either Government, or other
minister. officer, or person whomsoever, the whole or any part of the
sum of $203,000.00 (two hundred and three thousand dollars) or there-
abouts, or any moneys whatever which may come to be payable by the
United States Government in respect of the seizure or confiscation of the
schooners Thornton. Grace, Dolphin, W. P. Sayward, and Anna Beck,
and any other property in the counter-claim mentioned, or from in any

ss

WARREN ET AI.. VS. BOSCOWITZ ET AL. one a

mannernegotiating for any compensation for, as for settlement or for com-
pr[om|ise of the said claims, or any of them, or any other claims in respect
of the said seizures and confiscation, and from making any application
to the authorities of the United States, or of the Dominion of Canada,
for payment to them, or any or either of them, of any part of such
moneys.

And further ordering, that James Charles Prevost, the registrar of
this honorable court, be appointed receiver of all moneys, with au-
thority to press for a settlement of the claims, to receive all moneys in
respect thereof, and to execute proper discharges therefor, and in-
cluding the order dated the 15th day of February, 1890, directing the
taking of certain accounts before the registrar; the order dated the
10th day of July, 1890, wherein, after referring to the certificate of the
registrar and directing the same to be varied, as by the said order dated
the 10th day of July, 1890, is directed. It is declared and adjudged
that subject to a credit of $49,841.68 (forty-nine thousand eight hundred
and forty-one dollars and sixty-eight cents) by the said last-mentioned
order directed to be allowed, and subject also to an enquiry thereby
directed to be taken as to certain additional credits, the said Joseph
Boscowitz was entitled to recover against the said James Douglas
Warren, in respect of the matters in the counter-claim mentioned, “the
sum of $118,674.85 (one hundred and eighteen thousand six hundred
and seventy- ‘four dollars and eighty-five cents); and also declaring and
adjudging that no disbursements had been made by the said Thomas
Henry Cooper for or on account of the sealing adventure in the para-
graphs mentioned, and the said Thomas Henry Cooper was entitled to
no allowance as against the said Joseph Boscowitz, and including the
order dated the 16th day of August, 1890, whereby as a result of any
enquiry into and adjudication by the judge into all off-sets, cross-claims,
and demands by the said James Douglas Warren against the said Joseph
Boscowitz in reduction of the said sum of $118,674.85 (one hundred and
eighteen thousand six hundred and seventy-four dollars and eighty-five
cents) found to be due to the said Joseph Boscowitz by the said order of
the 10th day of July, 1890, the said James Douglas Warren and his as-
signees were, in addition to the sum of $49,841.68 (forty nine thousand
eight hundred and forty-one dollars and sixty- eight cents) already allowed
by the said last-mentioned order, entitled to be allowed credit for sums
amounting in the aggregate to $30, 977.25 (thirty thousand nine hundred
and seventy-seven dollars and twenty-five cents), and adjudging that all
other accounts and claims by the said James Douglas Warren and his
assignees should be disallowed, excepting the claims in respect to the
schooners Teresa, Rustler, and Thornton, which it was ordered should
be referred to the registrar for report, and without prejudice to any ap-
plication which the said James Douglas Warren might be advised to
make to open up the settled accounts in the proceedings referred to of
$41,000.00 (forty-one thousand dollars) for the purpose of surcharging
the sum of £238 12 0 (two hundred and thirty-eight pounds twelve shil-
lings) claimed by the said James Douglas Warren to be due him from
the said Joseph Boscowitz for a refund of insurance in respect of the
schooner Pilot, in the year 1885, and including the certificate or report of
the registrar, dated the 14th day of November, 1890, whereby it is found
that the said James Douglas Warren ought to be allowed further credits
As against the said sum of $118,674.85 (one hundred and eighteen thou-
sand six hundred and seventy- four dollars and eighty-five cents) ; that is
to say: In respect of the schooner Teresathesum of $3, 169,33 (three thou-
sand one hundred and sixty-nine dollars and thirty- thr ee cents), and in

318 OWNERSHIP OF CERTAIN SEALING VESSELS.

respect of the Rustler the sum of $2,805.06 (two thousand eight hundred
and five dollars and six cents), and finding that the said James Douglas
Warren was entitled to no credits as against the said Joseph Boscowitz
in respect of the Thornton and disallowing such claim; and upon hear-
ing read the evidence of the said James Douglas Warren, given before
me on the 13th day of February, 1889, in Chambers, the viva voce evi-
dence adduced and documents produced by the parties, respectively, at
the trial, together with all the accounts, books of account, and docu-
ments on file, and heretofore in the course of the litigation deposited in
court by the parties, and having, by request and consent of the parties,
had reference to the documents and exhibits contained in the printed
case upon appeal from the full court of the supreme court of British Co-
lumbia to the supreme court of Canada of Saunders & al. v. Boscowitz, a
copy of which is filed with the papers herein, his lordship was pleased to
direct that the cause should stand for judgment, and the cause coming on
for judgment this day in presence of the parties, by their counsel afore-
said, his lordship doth find that sometime before the month of March,
1886, the schooners Grace, Dolphin, Thornton, half of the W. P. Sayward,
the Anna Beck, and Rustler, were the property of the said James Douglas
Warren, subject to certain mortgages thereon in favor of the plaintiff,
Joseph Boscowitz, and that the said schooners (subject to the said
mortgages), having become the property of John Griffiths, by virtue of
an assignment for the benefit of creditors dated 18th day of September,
A. D. 1885, were chartered from the said John Griffiths by the plaintiff
for the purpose of sealing, were fitted out by the plaintiff for the pur-
pose of sealing adventure, and were by the plaintiff sent to sea under
the management of the said James Douglas Warren, to whom the said
Joseph Boscowitz promised that, in consideration of the care and at-
tention of the said James Douglas Warren to the concerns of the plain-
tiff in respect of the said sealing adventure, that he, the said plaintiff,
would give to the said James Douglas Warren an amount equal to
one-half of the net profits of the adventure.

That the schooner Thornton was, during the sealing season of 1886,
seized by the Government of the United States for an alleged infrac-
tion of international law, together the cargo of sealskins, but that the
other schooners returned in safety, and the said Joseph Boscowitz, in
' pursuance of his promise, allowed the said James Douglas Warren in
account an amount equal to one-half of the profits of the adventure.

And this court doth further find that the remaining vessels, that is to
say, the Grace, Dolphin, Anna Beck, and the one-half of the -W. P. Say-
ward, were offered for sale and were sold by the said Joseph Boscowitz
in the month of October, 1886, under the power of sale in the mortgages,
to the defendant Thomas Henry Cooper, who purchased them as a
trustee for the said defendant James Douglas Warren, but had no
beneficial interest in the said vessels himself, and that the said Joseph
Boscowitz chartered or hired the said vessels, and also the schooner
Mary Taylor, from the said Thomas Henry Cooper, and in the year 1887
sent them upon a sealing voyage in charge of the defendant, James
Douglas Warren, and agreed to give to the said James Douglas Warren,
in consideration of his services in the premises, an amount equal to one-
half of the net profits of the adventure; and that the vessels Grace,
Dolphin, Anna Beck, and W. P. Sayward were, in that same year, 1887,
seized by the United States authorities, together with the cargoes of
seals on board, but the said Mary Taylor returned home with a cargo
of seals which were received and sold by the said Joseph Boscowitz.

And this court doth declare and adjudge that tor supplies and

SS - = i.” ae

WARREN ET AL. VS. BOSCOWITZ ET AL. 319

moneys paid by the said James Douglas Warren to and for and on ac-
count of the said Joseph Boscowitz in respect of the said sealing ad-
venture, and for and in respect of all matters which, upon the accounts
between them, the said James Douglas Warren is entitled to claim as
_against the said J oseph Boscowitz, he is entitled to a credit of $86,792.87
‘(eighty-six thousand seven hundred and ninety-two dollars and cighty-
seven cents) to be deducted from the said sum of $118,674.85 (one hun-
dred and eighteen thousand six hundred and seventy- four dollars and
eighty-five cents) due to the said Joseph Boscowitz, and that for the
balance or sum of $31,881.98 (thirty-one thousand eight hundred and
eighty-one dollars and ninety-eight cents) the said Je oseph Boscowitz
is entitled to judgment against the said James Douglas Warren, and
which judgment this court doth pronounce accordingly:

And this court doth further order and adjudge that the powers of
the said James Charles Prevost, as receiver under the order of the
19th day of June, 1889, be continued until the further order of this
court.

And this court doth further order that the receiver, if and whenever
he shall recover or receive any moneys in respect of the claim against
the United States Government for the seizures aforesaid, shall forth-
with file an account in chambers specifying the following particulars:

(a) What portion of such moneys is allowable as compensation for
the seizure of the schooners, including their wages and outfit, but not
including cargoes?

(b) What sum is allowable for the cargoes?

And this court doth declare that such moneys ought to be applied,
firstly, in payment to the said Joseph Boscowitz of the interest moneys
due up to the 3rd day of March, 1890, secured by the respective mort-
gages of the schooners; secondly, in payment to him of the interest
moneys accruing since the said 3rd day of March, 1890; thirdly, in pay-
ment to him, the said Joseph Boscowitz, of the sum of $17,000.00 (sev-
enteen thousand dollars), being the principal secured by the said mort-
gages upon the schooners Grace, Dolphin, and Anna Beck; fourthly, in
payment of the sum of $31,881.98 (thirty-one thousand eight hundred -
and eighty-one dollars and ninety-eight cents), after deducting thereout
the respective moneys firstly and secondly hereinbefore mentioned;
fifthly, in payment to the said Joseph Boscowitz of the interest moneys
accruing since the 3rd day of March, 1890, upon $8,294.00 (eight thou-
sand two hundred and ninety-four dollars), being the difference between
the moneys secured by mortgage upon the Barbara Boscowitz, together
with interest, and the amount, clear of expenses, realized by the
said Joseph Boscowitz by her sale; and lastly,in payment to the de-
fendants Matthew T. Johnston, Thomas H. Tye, and Arthur L. Belyea
of the remainder (if any) of the said moneys, after making the deduc-
tion firstly, secondly, thirdly, fourthly, and fifthly hereinbefore men-
tioned.

And it is also declared that as to so much of the said compensation
moneys as shall be allowed in respect of cargoes, the said registrar
shall take an account of all claims (if any) against the said cargoes by
hunters or other parties and also of the amount already realized by the
said Joseph Boscowitz on account of the said sealing adventure, and
subject to his accounting for one-half of what shall be found to have
been so received, shall then allow and pay to the said Joseph Bos-
cowitz the sum of $38,416.52 (thirty-eight thousand four hundred and
sixteen dollars and fifty-two cents) in repayment of his advances

320 OWNERSHIP OF CERTAIN SEALING VESSELS.

towards the sealing business, and shall then pay one half the said com-
pensation, allowable in respect of the catch of seals, to the said Joseph
Boscowitz, together with an amount equal to any moneys which may
remain owing to him, the said Joseph Boscowitz, in respect of the mat-
ters hereinbefore firstly, secondly, thirdly, fourthly, and fifthly declared
to be payable to him, the said Joseph Boscowitz; and as to the other
moiety (subject to the said moneys which may be due to the said Joseph
Boscowitz) shall pay the same to the said Matthew T. Johnston, Thomas
H. Tye, and Arthur L. Belyea;

And this court doth hereby award a perpetual injunction to restrain
the parties to this suit, and every of them, and each and every of their
agents, attorneys, and solicitors, from receiving from the United States
Government, the Canadian Government, or from any minister or officer
of either Government, or other minister, officer, or person whomsoever,
the whole or any part of the sum of $203,000.00 (two hundred and three
thousand dollars), or thereabouts, or any moneys whatsoever which
may come to be payable by the United States Government in respect
to the seizure and confiscation of the schooners Thornton, Grace, Dol-
phin, W. P. Sayward, aud Anna Beck, and the cargoes thereof, and
other property in the counter-claim mentioned, or from in any way
negotiating for any compensation for, or for settlement or compromise
of the said claims, or any of them, or any other claim in respect of the
said seizures and confiscation, and from making any application to the
authorities of the United States, or of the Dominion of Canada, for
payment to them, or any or either of them, of any part of such moneys;

And it is lastly adjudged that the said Joseph Boscowitz do recover
his costs of this suit as against the said James Douglas Warren, and
that each and every other par By A to this suit do bear his and their own
costs thereof.

Matt. T. BEGBIE, C. J.

SPECIAL PROCHEDING INSTITUTED IN REGARD TO CERTAIN
CLAIMS AGAINST THE UNITED STATES.

DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DIS-
TRICT OF CALIFORNIA.

In the matter of the claims of certain British subjects for compensa-
tion from the United States Government on account of seizures of
3ritish Canadian sealers, pending in the State Department of the
United States.

Be it remembered that on this 17th day of N ovember, A. D. 1892, at
my office, room 64, in the United States appraiser’s building, in the
city of San Francisco, personally appeared before me, James 8S. Manley,
a commissioner to take acknowledgments of bail and affidavits, etc.,
duly appointed by the circuit court of the United States for the ninth
circuit and northern district of Califor nia, Thomas H. Cooper, a witness
on behalf of the United States in the above-entitled matter.

Robert Lansing, esq., and Charles A. Shurtleff, assistant United
States attorney, appeared as attorneys for the United States.

And the said witness, having been by me first cautioned and sworn
to testify to the truth, the whole tr uth, and nothing but the truth in

= mee

we eh,

DEPOSITION OF THOMAS H. COOPER. $21

the ease aforesaid, did thereupon depose and say as follows, that is to
say:

THomMAS H. Cooper, called on behalf of the United States, sworn.

Mr. LANSING: Q. What is your name, age, residence, and occupa-
tion?—A. My name is Thomas H. Cooper; age, 56;
residence, northeast corner of Laurel and Sacra- perience.
mento streets, San Francisco; occupation, black-
smith.

Q. How long have you been a resident of San Francisco?—A. Thirty-
three years.

Q. Are you an American citizen?—A. No, sir.

Q. You have never been naturalized?—A. Never.

Q. You have been the owner of several vessels which have been en-
gaged in sealing?—A. Yes, sir; they are in MY Nominal owner of the
name, I presume. “ Sayward,” ‘ Thornton,”

Q. They were in your name?—A. Yes, sir. ‘« Anna Beck,” “ Dolphin,”

Q. What were the vessels of which you were %74¢¢,” and “Onward.”
the owner?—A. To tell you the truth, I know very little about them.
They were sold at sheriff’s sale up there, and I bought them for one
dollar. I was advised to doso by Captain Warren.

Q. Up where?—A. Up in Victoria.

Q. What were the names of the vessels?—A. I really couldn’t tell.
There was the Sayward and one was called the Thornton.

Q. Can you give the names of the other vessels?—A. I can not give
the names.

Q. Would you know them if they were repeated to you ?7—A. Yes,
sir; I would know some of them.

Q. The Anna Beck?—A. Yes, sir.

Q. The Dolphin?—A. Yes, sir.

Q. The Grace or Gracey?—A. Yes, sir; I think so.

Q. And the Onward?—A. I was only up there a week or two. I
know very little about them, and I have not been interested in them
since.

Q. Will you state how you came to purchase these vessels?—A. By
the advice of my brother-in-law, Captain Warren.

He was to manage them. He had my power of How ownership acquired.
attorney to manage them, and he knows all about
them.

~Q. And you paid one dollar for them?—A. No, sir; I paid one dollar
for the whole lot.

Q. For the whole lot?—A. I think so.

Q. When was this?--A. In 1886.

Q. When you made the purchase they were sold under a mortgage ?—
A. I believe so.

Q. Who held the mortgage?—A. A man by the name of Boskowitz.

Q. What is his first name?—A. Joseph, I think; Joseph Bosko-
witz.

Q. How many vessels did you purchase for one dollar ?—A. I couldn’t
tell you; I bought them all.

Q. Were those mortgages ever paid on those vessels?—A. I really
couldn’t tell you that.

Q. Were you the sole owner of these vessels?—A. I bought them for
one dollar, I believe.

Q. All of them?—A. Yes, sir. I suppose they were subject to a
mortgage. I couldn’t tell you that.

Q. Did you buy these vessels for yourself ?—A. I was advised to buy

12364——21

322 OWNERSHIP OF CERTAIN SEALING VESSELS.

them by Captain Warren, and he was to manage them, and I have paid
very little attention to them.

Q. Did you pay the dollar?—A. Yes, sir; I authorized him to do it.
I was not there.

Q. Subsequent to the purchase of these vessels did Boskowitz hold

a mortgage on them?—A. I believe so.
- Q,. For the full value?—A. I couldn’t tell you that. I really don’t
know whether it was a dollar or a million dollars.

Q. You do not know the amount of the mortgage?—A. No, sir.

Q. Did you give the mortgage a him ae I Raa I pps the

/ 4, mortgage. know I signed a lot of papers. I
Tier Bornes oe was so little interested that I don’t know what I
signed exactly.

Q. If you purchased these vessels for one dollar at the sheriff's sale,
and those mortgages were renewed in your name as mortgagor, they were
certainly mortgaged, were they not, for their full value?—A. I could
not tell you that.

Mr. SHURTLEFF: Q., Is it not afact, Mr. Cooper, that you purchased
those vessels for Boskowitz?—A. I could not tell you. They were both
there and they told me it was a matter of form, and I would not be
troubled any more. re !
_ Deponent had no interest gq feoie meeege as hey fee aoe
anwoatels. Q. You had no interest in them whatever?—
A. No, sir; none.

Mr, LANsine: Q. You have no interest in the vessels now?—A. No,
sir.
Q. None at all?—A. Only they are in my name and I was told to
keep them in my name.

Q. For what purpose was that done?—A. I could not tell you.

Q. There must have been some talk about it?—A. Yes, sir; but they
did not tell me anything.

Q, You had some conversation in relation to it?—A. Not with them
I did not.

Q. With whom did you havea conversation?—A. I have heard from
hearsay—lI have heard people say he was in debt to some one else.

Q. Boskowitz?—A. No, sir; Warren.

Q. Warren did not advance any money on these to Boskowitz?—A.
I bought them for one dollar.

Q. Did Warren advance any money to Boskowitz on these vessels ?—
A. I could not tell you that.

Q. Was it not a fact, Mr. Cooper, that those were taken out in your
name for Mr. Boskowitz?—A. No, sir.

Q. Do you recollect a suit that took place in Victoria in which you
were one of the defendants with Mr. Boskowitz?—A. No, sir; there
might have been a dozen suits, but I don’t know.

Q. In which Mr. Warren was plaintiff and in which it appeared that
Mr. Boskowitz was the real owner of the vessels, and that Mr. Warren
was paid by him for managing those vessels?—A. I don’t know any-
thing about that.

Q. You have never paid any money for the management of those
vessels?—A. No, sir.

Q. You have never advanced a cent other than that dollar which you
told Warren to, pay?—A. Warren has my power of attorney, and I
don’t know what he has advanced; I don’t know anything about it.

LESS Se

ee

DEPOSITION OF THOMAS H. COOPER, 323

Q. You never advanced to Warren any money for these vessels ?—
A. No, sir; I have never advanced to Warren any money for these
vessels, but I don’t know what he has done.

Q. Did you ever receive any remuneration from the earnings of these
vessels?—A. No, sir.

Q@. You have never received any share of any kind?—A. No, sir.

Q. Have you ever been called upon to advance any money?—A. No,
sir.

Q. For the payment of those vessels?—A. No, sir.

@. Have you ever made any enquiries as to the earnings of those
vessels?—-A. No, sir.

Q. Or whether it was necessary for you to advance any money ?—A.
No, sir.

@. And do you now claim any interest in those
vessels ?—A. No, sir; no more than I hold them
for Mr. Warren.

Q. For what purpose do you hold them?—A. That was the agreement
between Warren and the other man.

Q. That you were to hold them?—A. I was to hold them, and Mr.
Warren was to have possession of them.

Q. And have the management of them?—A. Yes, sir.

Q. And Mr. Boskowitz was to be the moneyed man?—A. I couldn’t
tell you that.

Q. There must have been some understanding?—A. There might
have been. I just signed the papers and that is all I know about it.
I was told to keep them.

Q. Who was the owner prior to your purchase of these vessels ?—A.
I could not tell you that. I think Warren, but I am not sure.

Q. You are not sure who was the owner?—A. No, sir.

Q. Who was the holder of the mortgage?—A. It must have been
Boskowitz.

Q. Boskowitz was the holder of the mortgage?—A. Yes, sir.

Q. Is it not a fact that Mr. Warren made an assignment in 18862?—A.
I don’t know that.

Q. You do not know that he was in financial difficulties?—A. No,
sir. I heard he was, afterwards, but I did not know.

Q. When was it that he got into financial trouble?—A. I couldn’t
tell you that. I guess he is in them yet. I don’t know.

Q. Was there any arrangement that you know of between Mr. War-
ren and Mr. Boskowitz as to these vessels?—A. I don’t know the least
thing about it in that respect. I simply signed the.papers.

Mr. SHURTLEFF: Q. You simply did as Mr. Simply acted as Warren
Warren told you?—A. Yes, sir; and the other and Boscowitz requested.
man, too.

Q. Who is the other man?—A. Boskowitz; and I came away, and
that is all I know aboutit. I have heard lots of things. I heard I
gave a mortgage for half of Victoria, but of course that was hearsay.

Mr. LANSING: Q. You do not recollect the amount of those mort-
gages?—A. Notatall. I don’t believe I[readthem. I knowI did not,

Q. Is it not a fact, Mr. Cooper, that your name was used in this mat-
ter simply to cover up some dealings between Mr. Boskowitz and Mr.
Warren?—A. I couldn’t tell you what the arrangements were.

a You never knew anything about it?—A. I never knew anything
about it,

Claims no interest in said
essels

324 OWNERSHIP OF CERTAIN SEALING VESSELS.

Q. You simply did this at the request of Mr. Warren?—A. I simply
didit at the request of Mr. Warren. .

Q. And you really have no interest in these vessels at all?—A. No,
sir.

Q. None at all?—A. No, sir.

Q. Mr. Cooper, if there was any understanding or agreement be-
tween Mr. Warren and Mr. Boskowitz, you were entirely ignorant of
it?—A. Yes, sir; exactly.

Q. You simply did this at the request of these gentlemen?—A. Yes,
sir.

Q. Without knowing for what purpose it was done?—A. Yes, sir.

Q. Do you know anything about a claim being Does not know whether any
put in for you against the Government of the claim was put in for him.
United States?—A. No, sir.

Q. In relation to the seizure of these vessels?—A. No, sir.

Q. Have you any such claim? Have you any claim against the
United States Government for the seizure of these vessels?—A. I don’t
know. They are in my name, and I suppose the vessels have a claim.

Q. Have you any claim yourself?—A. No further than they are in
my name.

Q. You have not really any claim against the Government?—A. I
couldn’t say.

Mr. SHURTLEFF: Q. Have you ever signed any claim yourself?—
A. No, sir.

Q. Or ever authorized any one to sign one for you?—A. Captain
Warren has my power of attorney. I don’t know what he has done.

Q. Did you ever specifically instruct him in so many words to present
a claim?—A. To do as he pleased. I don’t know what he has done.

Mr. LANSING: Q. Have you any claim against the Government of
the United States?—A. I don’t know. Those vessels are in my name,
and I suppose the vessels have got a claim.

Q. A vessel can not well have a claim.—A. The vessels were taken,
I suppose.

Q. Have you any claim from which you expect to derive any money ?—
A. I expect the vessels will derive the money.

Q. You cannot pay money to a vessel. The vessels have gone up—
some of them?—A. Captain Warren has got my power of attorney,
and it is all in his hands, and I leave it to him. I am not a lawyer and
not a ship owner.

Mr. SHURTLEFF: Q. Do you expect, in the event of any claim being
allowed by the Government, that you will receive the money?—A. I
suppose I would get paid my expense for my trouble.

Q. For the use of your name?—A. Not for the use of my name; for
my trouble.

@. Have you ever advanced or paid out any money for legal ex-
penses in connection with the seizure of those
vessels?—A. No, sir. Ihave not paid any out of Has incurred no ex-
my own pocket. I paid my own expenses going "88 in connection with
up and down. "eo ee

Q. Your expenses to Victoriaf—A. Yes, sir; my expenses to Victo-
ria and return. I never kept any account of them, as I did not expect
to get them back.

Q. Did you ever pay out, or authorize to be paid out, any money for

DEPOSITION OF THOMAS H. COOPER. 325

the transportation of the crews of these vessels from Sitka down 7A,
No, sir.

1 further certify that the said deposition of Thos. H. Cooper was taken
down in short-hand and transcribed into type-writing, and after having
been so transcribed was read over by the witness and by him pro-
nounced to be correct.

In witness whereof I have hereunto set my hand this 18th day of
November, 1892.

[SEAL. ] (Signed) J. S. MANLEY,

Commissioner U. 8. Circuit Court, Northern District of California.

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LIBELS FILED AGAINST SEALING VESSELS.

UNITED STATES OF AMERICA,
OFFICE OF THE SOLICITOR OF THE TREASURY,
Washington, December 20, 1892.

Pursuant to section 883 of the Revised Statutes of the United States,
J hereby certify that the annexed statement contains a list of all libels
filed under section 1956, R.S., in U. S. courts, in the Territory of
Alaska, since Aug. 27, 1886, so far as reported by U. S. attorney to
this office. I also certify that it is the duty of U.S. attorneys to report
such suits to this office.

In witness whereof I have hereunto set my hand and caused the seal
of the office of the Solicitor of the Treasury to be affixed, on the day
and year first above written.

[SEAL. | W. P. HEPBURN,

Solicitor of the Treasury.

327

LIBELS FILED AGAINST SEALING VESSELS.

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APPRAISEMENTS OF SEALING VESSELS.

—

DISTRICT OF ALASKA, CLERK’S OFFICE,
Sitka, Alaska, October 15, 1892.

To the
Honorable SECRETARY OF STATE,
Washington, D. C.:

DEAR Sir: Referring to your telegram of September 17, 1892, to the
hon. collector of customs, Port Townsend, Wash., and by him for-
warded to this office, I desire to say that the certified copy of the ap-
praisal values of vessels seized, 1886-1890, in tabulated form, forwarded
to your Department October 3, 1892, is incorrect. I have therefore pre-
pared certified copies in full of all the appraisements of such vessels and
cargoes on file and of record in my office, which, together with a cor-
rect tabulated statement of sueh appraisal values, I herewith enclose.

Very respectfully,
N. R. PECKINPAUGH,
Clerk.

To the
Hon. LAFAYETTE DAWSON,
Judge of the United States District Court, District of Alaska:

We, the undersigned, appointed and sworn this 16th day of August,
_A. D. 1887, to appraise and value the schooner San Diego, her tackle,
apparel, furniture, and boats, and such portion of her cargo as may be
in this port and can be viewed, report as follows:
We appraise and value said schooner, her tackle, rigging, and apparel
at seven hundred and sixty-six dollars ($766.00); her furniture at one
hundred and sixty-five dollars nae her four boats, oars and oar-
locks at two hundred dollars ($200.00); her salt ten dollars ($10.00);
in all, the sum of eleven hundred and forty-one dollars ($1,141.00).
Dated at Sitka, Alaska, this 16th day of August, A. D. 1887.
JOHN G. BRADY,
W. R. MILLS,
J. M. VANDERBILT,
Appraisers.

THE UNITED STATES OF AMERICA,
District of Alaska, ss:

I, N. R. Peckinpaugh, clerk of the United States district court for the
district of Alaska, do hereby certify that the foregoing copy of the ap-
praisement of the schr. San Diego, her tackle, apparel, furniture, boats,
and cargo has been by me compared with the original, and that it is a

5 329

330 APPRAISEMENTS OF SEALING VESSELS.

correct transcript therefrom and of the whole of such original, as the
same appears of record on file at my office and in my custody.
In testimony whereof I have hereunto set my hand and affixed the
seal of said court at Sitka, in said district, this 15 day of October, 1892.
[SEAL. ] N. R. PECKINPAUGH,
Clerk.

SITKA, ALASKA, September 20, 1887.
The undersigned having been appointed appraisers by the Hon.
Lafayette Dawson, judge of the U.S. court for the district of Alaska,
to appraise the value of the sch. Sylvia Handy, apparel, furniture, and
stores, beg to state that we value the said vessel, including apparel,
furniture, and stores, at forty-three hundred and fifty dollars ($4,350.00).
REUBEN ALBERSTONE.
W. R. MILLs.
J. M. VANDERBILT.

(Endorsed:) In the United States district court for the dist. of
Alaska. Appraisers’ report. Filed Sept. 22d, 1887. H. E. Haydon,
clerk. By A. A. Meyer, deputy clerk.

THE UNITED STATES OF AMERICA,
District of Alaska, ss:

I, N. R. Peckinpaugh, clerk of the United States district court for
the district of Alaska, do hereby certify that the foregoing copy of the
appraisement of the schr. Sylvia Handy, her apparel, furniture, and
stores has been by me compared with the original, and that it is a cor-
rect transcript therefrom and of the whole of such original, as the same
appears of record on file at my office and in my custody.

In testimony whereof I have hereunto set my hand and affixed the
seal of said court at Sitka, in said district, this 15 day of October, 1892.

[SEAL. ] N. R. PECKINPAUGH,

7 Clerk.

SITKA, ALASKA, September 10, 1887.
The undersigned having been appointed appraisers by the Hon.
Lafayette Dawson, judge of the U. S. court fer the district of Alaska,
to appraise the value of certain vessels, together with their apparel,
furniture, and stores, beg to submit the following report:

Sch. Chatlenge £22. sccain thet tios 2os2kc bisetelee ee Bees eee $3, 600. 00
Behe: Ps Sayward # - wegen e - 2-23 Ba rons eee eee ene eee eee 4, 894. 50
Gs (SCD. (GPOCE ss occa Tyce ae Rete” Os ale te tier tae Dolce eee eee On eee cee eee 10, 404. 00
isch. Dolphins: 7h. cease oee cee cicncee alee meee ote eee eee 7, 750. 00
Siusch Annie: Beck: tts: aa s os teccctn cs cciees Meceee ete ee eee eee 2, 600. 00
Sch: 7Alice I; 21g er SeR Fic Soe tes coe eco ke oe ee ioe eee Oe eee ene 5, 408. 00
SCAM Soe Sos ads Sania re ee eee ee eee eel ars en ee En 1, 170.50
SUG DOU ae Ae aOR Ra Src 4 Stic anirinc amacrine oeoe at aBosee emosec 1, 784. 80

J. M. VANDERBILT.
REUBEN ALBERSTONE.
J. EK. LENNAN.

(Endorsed:) In the United States district court, district of Alaska.
Appraisers’ report. Filed September 12, 1887, H. E. Haydon, clerk.
By A. A. Meyer, deputy clerk.

APPRAISEMENTS OF SEALING VESSELS. 331

THE UNITED STATES OF AMERICA,
District of Alaska, ss:

I, N. R. Peckinpaugh, clerk of the United States district court for
the district of Alaska, do hereby certify that the foregoing copy of
the appraisement of the following vessels, viz, schr. Challenge, sehr. W.
P. Sayward, st. schr. Grace, st. schr. Dolphin, st. schr. Anna Beck, sehr.
Allie I. Algar, schr. Annie, schr. Lilly L., has been by me compared
with the original, and that it is a correct transcript therefrom and of
the whole of such original, as the same appears of record on file at my
office and in my custody.

In testimony whereof I have hereunto set my hand and affixed the
seal of said court at Sitka, in said district, this 15 day of October, 1892.

[SEAL.] N. R. PECKINPAUGH,

Clerk.

SITKA, ALASKA, September 13, 1887.

The undersigned having been appointed appraisers by the Hon.
Lafayette Dawson, judge of the U.S. court for the district of Alaska,
to appraise the value of certain vessels, together with their apparel,
furniture, and stores, beg to submit the following report:

Ce A ane teem ae o7 ouiacis meee baw amnmamcti socks = Uae aici elie lai miceetaales $2, 900. 00
CD AL amersemeeteen aes sacle ose ele demise deus Weseiiae setae celeeee ce tye 800. 00
Pane CE LE EOD EE ATONE Fe ciara nnere)a wim a ui wicleicinie wisi s e's.n\ a sinim ale anak «Re atts ots 1, 250. 00

REUBEN ALBERSTONE.
J. M. VANDERBILT,
W. R. MILLS.

(Endorsed:) In the United States district court for the district of
Alaska. Appraisers’ report. Filed September 13,1887. H. E. Hay-
don, clerk. By A. A. Meyer, deputy clerk.

THE UNITED STATES OF AMERICA,
District of Alaska, ss:

I, N. R. Peckinpaugh, clerk of the United States district court for the
district of Alaska, do hereby certify that the foregoing copy of the
appraisement of the following vessels, viz: Schr. Ada, Schr. Alpha, st.
Schr. Kate and Annie has been by me compared with the original, and
that it is a correct transcript therefrom and of the whole of such original,
as the same appears of record on file at my office and in my custody.

In testimony whereof I have hereunto set my hand and affixed the
seal of said court at Sitka in said district this 15 day of October, 1892.

[SEAL.] N. R. PECKINPAUGH,

Clerk.

SITKA, ALASKA, April 19, 1888.
To the
Honorable DISTRICT COURT FOR THE DISTRICT OF ALASKA!
The undersigned appraisers appointed by your honorable court
and sworn to appraise the value of the fur seal skins seized from cer-
tain vessels now in the custody of the United States marshal, ordered

332 APPRAISEMENTS OF SEALING VESSELS.

to be sold on or after April 18th, 1888, beg to state that they have
appraised the value of said seal skins as follows, to wit:

Steam schooner Dolphin:

.

64 sacks supposed to contain 618 salted sealskins.............---.---- $3, 049. 50
Schooner Alfred Adams:

139 sacks supposed to contain 1,379 salted sealskins........-....----- 6, 888. 75
Schooner Alpha:

39 sacks supposed to contain 389 salted sealskins-..........-....----- 1, 912. 25
Steam schooner Anna Beck:

34 sacks supposed to contain 336 salted sealskins ................---- 1, 650. 25
Schooner Lottie Fairfield ;

45 sacks supposed to contain 443 salted sealskins ............---.---- 2, 033. 25
Schooner W. P. Sayward:

50 sacks supposed to contain 477 salted sealskins. .......-..-----.---- 2, 374. 25
Steam schooner Grace:

78 sacks supposed to contain 769 salted sealskins...........--.-.----- 3, 842. 25
Schooner Ada:

191 sacks supposed to contain 1, 876 salted sealskins.........-....---. 9, 394. 00

Making a total of 640 sacks supposed to contain 6, 287 pelts, and total
appraised value of said property amounting to ............---.-------- 31, 144. 50

The undersigned appraisers have likewise appraised the following
arms and ammunition of the schooner Alfred Adams, to wit: 7 double
barreled shot guns, 3 rifles, 2 muskets, 34 kegs of powder, 259 shells,
loaded; 190 shells, empty; 110 cartridges (44 cal.); 79 cartridges (45
eal.); 54 cartridges, small, and 500 primers, the total appraised valua-
tion of which is herewith submitted at $125.00.

All of which is respectfully submitted.

Dated April 19, 1888,

JEFF J. KUEHN.
GEORGE KOSTROMETINOFF.
EDWD. CHAMBERLAIN.

Endorsed: Filed in open court April 19,1888. H.E. Haydon, clerk.

THE UNITED STATES OF AMERICA,
District of Alaska, ss:

I, N. R. Peckinpaugh, clerk of the United States district court for
the district of Alaska, do hereby certify that the foregoing copy of the
appraisement of fur-sealskins and arms seized from the following vessels,
viz: Str. Schr. Dolphin, Schr. Alfred Adams, Schr. Alpha, St. Schr.
Anna Beck, Schr. Lottie Fairfield, Schr. W. P. Sayward, St. Schooner
Grace, Schr. Ada, has been by me compared with the original and that
it is a correct transcript therefrom and of the whole of such original,
as the same appears of record on file at my office and in my custody.

In testimony whereof I have hereunto set my hand and affixed the
seal of said court at Sitka, in said district, this 15 day of October, 1892.

[SEAL.] 'N. RB. PECKINPAUGH, .

Clerk,

In the United States district court in and for the district of Alaska.

THE UNITED STATES
VS. No. 89. Stipulation.
STEAM SCHOONER KATE AND ANNA.
It is hereby agreed and stipulated between W. M. Grant, United
States district attorney for and in behalf of the United States, plain-
tiff above named, and M. P. Berry, proctor for claimant, defendant,

APPRAISEMENTS OF SEALING VESSELS. 333

that the appraisement heretofore made and accepted by duly author-
ized and sworn appraisers of this court of certain fur-seal skins, at this
time in the custody of this court, that the same appraisement of value
of 577 fur-seal skins, the cargo of the above named vessel at this time
in custody of the United States marshal of this court, be the same
per skin in value as the appraisement formerly made, to wit: 577 fur-
seal skins, appraised at two thousand eight hundred and eighty-five
(2,885.00) dollars.
Done at Sitka, March 23, 1888.
Wait M. GRANT, .
United Siates Atty.
M. P. BERRY,
Proctor for Claimant.

THE UNITED STATES OF AMERICA,
District of Alaska, 88:

I, N. R. Peckinpaugh, clerk of the United States district court for
the district of Alaska, do hereby certify that the foregoing copy of the
stipulation for the appraised value of the cargo of the St. Schr. Kate
and Ann has been by me compared with the original and that it is a
correct transcript therefrom and of the whole of such original, as the
same appears of record on file at my office and in my custody.

In testimony whereof I have hereunto set my hand and affixed the
seal of said court at Sitka, in said district, this 15 day of October, 1892,

[L. S.] ’N. R. PECKINPAUGH,

Clerk,

SEALING VESSELS.

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336 APPRAISEMENTS OF SEALING VESSELS.

To the
Honorable DISTRICT COURT OF THE DISTRICT OF ALASKA:

The undersigned appraisers appointed by your honorable court, and
sworn to appraise the value of the cargoes of the schooners Lilly L.,
San Jose, Annie, Allie I. Algar, Ellen, Sylvia Handy, and the schooner
Angel Dolly, her small boats, tackle, apparel, furniture, and cargo, beg
to submit:

That in commencing their labors of appraising the fur-seal-skins
stored in the Government warehouse, their progress was greatly im-
peded by the unsystematic manner in which they were stored, the
various lots, instead of having been separately stacked and labeled,
had been promiscuously thrown in heaps, without pretense to order or
system. A number of the sacks had been partially destroyed and ren-
dered useless, having been gnawed by rats; and from the same cause
about a dozen pelts were found to have been damaged. Many of the
tags, with which the greater part of the sacks had been marked, were
also destroyed by rats and carried off by them to build nests with, as
was afterwards ascertained. In order to bring some system into the
chaos and to enable your appraisers to proceed with their duties, your
honorable court was requested to enlarge their powers by intrusting
them to assort out_and count by sacks the number of pelts belonging
to the other vessels, not included in the lists to be appraised. Under
such instructions that portion of the pelts were removed to an adjoin-
ing room in the warehouse, and after ascertaining the number of pelts
contained in each sack (by opening a quantity of various sizes) to be
five (5) bundles or ten (10) pelts to a sack. Each vessel’s lot was ap-
proximated accordingly, the result of which count is herewith sub-
mitted, to wit:

Schooner Grace: Pelts.

NGISACKS SUppOseG CO) COMPA se a eke = creel ele = ela see See eee eee 769
Schooner Dolphin:

62\sacks supposed to contbaines < fos.) 2. nt-e ser ante ee nee e oe eee 618
Schooner Annie Beck:

Jo: Sacks, Sapposed. tO Contam. .% 225... 225. Geaece «acca nm eee a ee eee 335
Schooner Ada:

189) sacks ASU pposedto COM baler pcp aise = = sani e ae le eae eee eer 1, 873
Schooner Sayward:

45 Racks: Hap posen to CORDA 2 osesreese= 2.5. = aes sete nee = oe eee eee 474
Schooner Alfred Adams:

139 sacks SO ppOsed tO COMbATH so 2o: 2s he. bon. = oe wone nee tees eee eee 1, 379
Schooner Lottie Fairfield :

44 SHCKS, Supposed bO CONCAIN >.< Ja aes cmd. on «= be a eens so cieine see oe Seen 443
Schooner Katie and Ann:

be Sacks. SUP posed 1s COMbAIN La: 1252S aren sah osama eee ena 577
Schooner Alpha:

a9 sacks; supposell to contain -.-.5..... 205 so. Ss ccecep oa= Ae es ey Se 387

Making a total of 690 sacks, supposed to contain 6,855 pelts.

Besides the above there remains an excess of ten (10) sacks and three
pelts to make up for deficiencies in the various lots.

The appraisement of the property to be appraised, consisting of fur-
seal skins, is as follows by actual count and inspection, to wit:

Schooner Angel Dolly:

175 saltedstor-sealislkins --< 35 ce, coc cele oe oes eee eee eee Soe mucse $873. 00
Schooner Annie:

304 salted fur-seal skins.--...--....---.....-. ee eee = Cates ee eee $1, 475. 50
Schooner San José:

891 ‘salted fnr-sealiskins 53222205 226. vase eee out wel ae oeioeemaieosere 4, 601. 25

Schooner Sylvia Handy:
L678 Balted)far-seal’skinsi-< 25 -- os. oes ee ona oe ees seaee ete eeaeeees 8, 323, 25

APPRAISEMENTS OF SEALING VESSELS. 337

Schooner Allie I. Algar:

Pe Oostsalied: fur-sealeSkaimspee semetsstertald vie crae,< a2 cisieadahes scecieauecne sie $7, 974. 50
Schooner Ellen:

N95 Salted: fur-sealtskins: + shes te eee e se ce cots cece ee Stee tatoo eter eet ate 996. 00
Schooner Lillie L: .

TOS MAa Ted. tu e-Sealy skein S Ate emia ation Se a kiade Ost Aca cube teeta sae 945. 00

Making a total of 5,030 skins at an appraised valuation of $25,188.50.

Adding to this number of 5,030 pelts the lot not appraised, but ap-
proximated at 6,855 pelts, results in a grand total of 11 885. pelts on
hand, which number i is 267 in excess of “the statement handed to the
appraisers by the U.S. marshal, and agrees with the reports of the
officers of the revenue cutters and the decrees of torfeiture, as far as
concluded, within 12 pelts.

The appraisement of the schooner Angel Dolly, its small boats, tackle, ap-
pare], etc., according to the testimony obtained, and its arms and ammuni-

CTT RES Pega eros ee ote ht ee RN Ng ee, come eS a ee OL eases $670
The arms and ammunition of the schooner Ellen ...........-.-.----.ecce. eee 79
The arms and ammunition of the schooner San Jose........-.-..--...-------- 166

Copies of the statements of the U.S. marshal and the officers of the
revenue cutters are herewith appended for comparison.

All of which is respectfully submitted.

Dated February 20, 1888.

JEFF. J. KUEHN.
J. M. VANDERBILT.
GEORGE KOSTROMETINOFF.

Statement of the U. S. marshal.—List of pelts put up in sacks.

Pele peline gE PARA ce se ence Ste eS oes Satnde Cones ane ccd samc ended cod we teee 1, 574
aM epee etre Ne seis eae eta ciete jac Scie sth cae se we ewe Mame mice. Sot aL eS 193
PANTETY HIS © G ogee Sn ere Se te a HE ae Se ree ee os STS IG ote ti ere 335
(CRONE pases tae tts eR RAEN Oe Ie ats dni cle SR Ee aI RA by) ane ee ARRAS 769
TOUT GY, 8 EB Rs ee tt a RN CES FCSN a rc a Ae Re Se 195
PUD M ecko oes melee rains cos 2am. degtae 24S Fass cote os ote eidadewie oa ea 387
Annie . are o Gonder kenge oc emeodataes (oe Ueeba cas ooee se ane 304
Kate and Anna.. 55S A SORE See SOS eta eh See Ngee ae Ey Mrnete 8d 577
AWistixs Sayward .. EL SaaS oe SHE er oo HA SUSE E OOS AUN SOE DBES Team erooee 474
UEC A ais IE ee ge 2 ge ee re eo ena ne a SE 1, 784

LOTS SSN Sgt RS Cr 6 aoe oe Oe ee ee a ee a I 8572
GENS S orate = Sa a. eters ae orton eters ec e rare ie canna a Jee Iowan sow Bes 618

Lotta Fairfield... Reheat a aerate eee tee ee See SS aE ape Stee eu ar Gate a a cemte® 443
San Jose..---. Sia re Oe roe om stem ee icra a ea Sirs cute aches 3 Saeed Se 891
Mine aians ooh cee ree ato 1, 379

REEOE IE TOOTING) ...\. San oe nals ote ae we ct ad miata oe Sa eeet es wren Sos arukls kee

Shonldibeysca.s--- -s-is <1 Sp oppojauece corse alalvuk:
Angel Dolly (not included in the marshal’s list) . Sas cis sinleje sic ersisoetseree 175

11, 618

Statement of officers of revenue cutters and copies of decrees of court.

Allien ire Ml cap sane s 2. eee Ln O4s PA alas ccweres a Soe ele oe 1, 876
I LAN be eeeset erate aerate Sala Seee I e/ ashdvaieh de bho hyenas eee a eee 1, 679
PATI AEB OC a = Saino jee \ewismicts © a0 P= BoGr PD Ol p king acs Gc cares =< 618
CURT OO HSS ae ee eee eee! (69s We outaphiaantrelde “22. acces cee. os ae 443
PHL OTIG eS eee ont bes eee LOSS Sane OSGrten a 55.5 a) hc se Sac nine 891
PAU Maia at Sein eae Ss See see Boos py AUMe MAGA easel sess - eee cose LTD

MATIN Osea keno testes wee eee 304. | Meals cco ooe esc. .s. 55-20. 178
ateand Anna’... .2-.. 00-000. 577
W. P. Sayward ......--..-... Be 477 11, 902

338 APPRAISEMENTS OF SEALING VESSELS.

THE UNITED STATES OF AMERICA,
District of Alaska, ss:

I, N. R. Peckinpaugh, clerk of the United States district court for
the district of Alaska, do hereby certify that the foregoing copy of the
appraisement of the cargoes, etc., of the following vessels, viz: Schooner
Angel Dolly, schr. Annie, schr. San Jose, schr. Sylvia Handy, schr. Allie
I. Algar, schr. Ellen, schr. Lilly L., has been by me compared with the
original and that it is a correct transcript therefrom, and of the whole
of such original, as the same appears of record on file at my office and
in my custody.

In testimony whereof I have hereunto set my hand and affixed the
seal of said court at Sitka, in said district, this 15 day of October, 1892.

[L. S.] N. Ii. PECKINPAUGH,

Clerk.

Eee nw

TABLES RELATING TO CLAIMS OF BRITISH SUBJECTS
AGAINST THE UNITED STATES.

Compiled from the schedule of claims submitted with the British case and from the authorities
cited in each table.

TABLE No. 1.—Value of vessels.

Tonnage and value claimed. Actual tonnage and value.
Names. Actual !
Tons | Value ie A Real Value +14 3
laimed,| claimed. Value per ton claimed. Ne oa value. | per ton. Built.
Carolena ....-.-- 32 $4,000 | $125.00 31.90 | $1,905.06 | 3$59.72 | No infor-
mation,
‘Thornton. <== 78° 6, 000 76. 92 29.36 | 2,258.37 | 476.92 | 1861.
Onward ......-- 94 4, 000 42.55 35. 20 1,497.76 ; 442.55 1871.
W.P. Sayward -|- 1353} 6,000 | 44.28 | Average, $59.72} 59.79 | 2,647.50} 444.28 | % “ft eee
Grace) 2S s-2- 2 182 12, 000 65. 93 76.87 | 5,068.03 | 465.93 | 1881.
Dolphin ....-...- 174 12,000; 68.96 60. 10 | 4,144.49 | 468.96 | 1882.
JAG ep aean ae 68 7,000 | 103.00 56.95 | 3,401.05 459.72 | 1874.
re Gis0bo omen cov A. 224 20, 922. 26 aa

1 Collector of customs at Victoria, British Columbia. See p. 258.

2Mercantile Navy List and Maritime Directory. Published for the Committee of Lloyd’s.
3 Average value per ton claimed.

4 Claimed value per ton.

TasLe No. 2.—Value of vessels.

Amount
Value Appraised | realized at
Names. claimed. | value.! | sale at Port
Townsend.”
(Biu7e vas Lage a See RR RE tet, 8 Ee Se w---| $12,000! — $10, 404 $1, 525
Anna Beck 8,000 | 2, 600 907
Dolphin 12, 000 7,750 1925
JAGR Same Sis Vi 1 i a as Eee ee es: ee 7,000 | 2, 900 | 1, 900
39, 000 | 23, 654 5, 557

The owners claimed that the appraised values were too high and they refused to bond the vessels at
those values. Mr. West, the British minister, informed Mr. Bayard, Secretary of State, October 12,
1888, that the appraisement of the Anna Beck was accepted and asked that a reappraisement of the
Grace and Dolphin be authorized.4

1 The appraised value is from the original appraisement at Sitka, see p. 329.
2 Copy of the records of the United States marshal for the district of Washington, post p. 421.
8 Senate Ex. Doc., Fiftieth Congress, second session, No. 106, p. 74.
4 Ilid., p. 76.

339

340 CLAIMS OF BRITISH SUBJECTS AGAINST THE UNITED STATES.

TABLE No. 3.—Claims for insurance.

o \ = jl ° .
Se VN eee S| ie]2.|4
hi a Pal ee ules aio]
haga) ig | ° aa [> Pas | alee
_ m | sy | ey Sole a ; a fan) il) SBS
nme | 6 | 22/2/28) 2/32) 2812/2812 | 28/412
. 2 cS) Sa) aie 2 >) 2 |
ao eee | go Ba eee ee oe Se
r= ae a a 3 ~ ak yy i (SPE abe aoa er”)
a Aaa | Sails ot HS jo | ei a) Ea oe
5 B ut earn eo llieees zB S| geet area es 3/8
es AY eleidso pu ae! e | Be me |
Ee BORER, Pe ap Ween
P. ct.|P. ct.|P. ct. P. ct.|P. ct.! P. ct,|P. ct.
Carclena J28252\sesece Ena eee Bean Semel beer sre Peete meee Bear $3, 500 $352. 50/10. 07] 30.2
Thornton........ £1, 200) $492. 83| 8.4) 25.2} 18] £1,000) $98.60} 2) 6-.....)....-..]..... bie
Onward ........- $4,000 260.00} 6.5] 19.5 eee ay eee (ae Oe 2 gs coat ieee Se |: s2theomed
W.P. Sayward ..| £1,000] 410.70} 8.4] 25.2} 8] 2,000] 514.59] 5.3] 15.9......|....... es eee
Grace ......-..- 2,000| 821.40) 8.4] 25.2} 8) 2,000] 514.59] 5.3] 15,9)......|......-|....-|....-
Anna Beck...... 1,400} 574.98] 8.4] 25.2) 8] 2,000) 514.59] 5.3] 15.9/......]....... | ca Ce
Molphinessssses: 2,000! 821.40/ 8.4] 25.2) 8} 2,000) 514.59) 5.3] 15.9/......]....... lace
Se ee el eee eee eee ee ee eee ee
bates ae [8 381-31]-...-|---+-|--++-|enoeee--|2) 156.96). .--.|--...]..22.- a ee

Total premium claimed to have been paid, $5,890.77.

1 Rate on hull, outfit, and cargo the same. (W. H.C. Fowler, secretary Marine Insurance Company,
San Francisco, p. 341; N. T. James, late president Union Insurance Company, San Francisco, p. 342;
Harry S. Smith, marine secretary Sun Insurance Company, San Francisco, p. 349.)

TABLE No. 4.—Claims for outfits and cargoes.

Marine Consum- | No. days Con- Amount |Amountun-| Skins
3 able outfit. out. sumed. | consumed.|} consumed.| seized.
Per cent.
Carolenaeans --cecse esas sae aloe $1, 381.10 71 60 $828. 66 $552. 44 686
EPHGTALON: eeeneeeaa anes ome ae cpe 2, 009. 58 75 62.5 1, 255. 99 753. 59 403
COnWald ess. Boe eee eee eeecice 1, 135. 98 53 444 501. 72 634, 26 400
WIGS SE inet bore oscehsesoseoeede 2, 336. 87 54 45 1, 051. 59 1, 295. 28 479 .
Grace soso kerssseo-deneceeeoesee 13, 246. 60 85 562 1, 839. 74 1, 406. 86 781
PANN AMSCCK Ise aSaiceccawec core eani“4 12, 839. 41 103 682 1, 949. 73 889. 68 334
olphineeses erence sesso aaa rie » 3,475. 22 58 484 1, 679. 69 1, 795. 53 618
Amount claimed........-.-- 163424576 | 252-4254 Bee eee |e ee 7, 327.64 3,701

—_— Se ..- Sac

1¥ive months’ voyage.

The calculations are based on the length of a voyage as stated in the schedule of claims, p. 6, sec. 4,
appended, to the British case.

i i

TABLE No. 5.

Average values claimed for weapons, boats, and

canoes.
Names. eee
| Rifles. | Shotguns. | Spears.| Boats. | Canoes.
er eS aS —|———— = SS ee
@arolenakas so. ccce eG et noe oeeece ae sees clan sees $26. 00 S00; 00H saeececes $100. 00 $62. 124
PROM UON 0s alae fete ele ee aera eae ee = lili 25.19 30.43 |i. 2 ee an-= 153. (4 aeee eee
Oro hes ee Gee emcee OnSSonct odactasacodcercrod: nr asecorsec TGS 28) | Gosses tau loanseaosn: 49. 50
W. P. Sayward | 22.50 A0N00G| voacckbucieeeueeeere | 56. 00
(Gade sscocgepesone 25. 83 405003| ose ae = 124. 784 | 57.00
Anna Beck ..-.......- Beue 22. 50 20700) eee eee =ee 140. 50 57.00
ACT arin aa ee eee depos eceso. aeons: 22. 50 BORO OD econ ane 75.00 | 63. 92
Alfred Adams i 25.00 50. 00 $2003) 2. -neceeee | Beemer >:
Si Entities An Seaap ee aOete oS Boos Sane sesSecrE Aer Sorc. | SSuseagel eceeceide oh SAUD Settee os ee =o -
cutter see see seoe-2c4= Sa 2)s eeen coon ayer | 25.00 Pa sU0N Se sec oe fetes
Blnck Diaiiondseescc. 2 552-52) ol en ee cepen eee DarO0 sch cteee: AT ie eee |< 2. .oee
Le asp B poe psciac da on ste Sencoe yb US Sosa Ssascasss aS oSsseccolbosstor esas 4.00 | aticeee ee | sae
INGE ee on 5D SECO COOLER SERS Series eae n4) eoorcagie 55. 00 3. 00 irae a
ore eee se Se ne 2 24, 39 39.07 | 3. 60 | 118. 69 | 57.59 -
‘

The following are the market values: rifles /$12.50, shotguns 1$25.00, boats 1$100.00; ?$75 to $100.00;
$100.00.

1 John A. Magee, p.348, 2 A. P. Lorentzen, p. 344, ; ® Consul L. W. Myers, p. 261.

TESTIMONY.

A.—RELATING TO CLAIMS OF BRITISH SUBJECTS
AGAINST THE UNITED STATES.

Deposition of Capt. C. A. Abbey, United States Revenue Marine.

UNITED STATES OF AMERICA,
State, County, and City of New York, ss:

C. A. Abbey, being duly sworn, deposes and says:

I was in the year 1886 a captain in the revenue service of the United
States, and in the month of August of the same year
was in command of the United States revenue steamer Oficial position.
Corwin, and while acting in that capacity, on or about
the first day of August in said year, seized the schooner ‘
Carolena, a vessel sailing under the British flag, for ,s""° f a7
unlawfully taking fur-seals in the waters of Bering Sea.

And I do further depose and say that no money was taken from said
schooner nor from any of her officers or crew by myself,
and none was so taken to my knowledge or information No money taken.
by any of my officers or by my command or authority.

C. A. ABBEY.

Sworn to and subscribed before me, as witness my hand and official
seal this 13th day of December, A. D. 1892.
[SEAL.] ARTHUR M. WIENER,
Notary eee) New York County, N. Y.

Deposition of W. H. OC. Fowler, marine secretary of California Insur-
ance Company.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

W. H. C. Fowler, being duly sworn, deposes and says:

I am forty-two years of age, and reside in San Fr ancisco, California,
and am a citizen of the United States. My occupation
is that of insurance. I was marine secretary of the
California Insurance Company, of San Francisco, from 1881 to 1886,
and was secretary of said company from 1886 until August, 1892, at
which time I resigned. Iam thoroughly conversant with marine in-
surance. The company to which I belonged carried insurance upon
sealing vessels. The rate of insurance on a vessel de-
pends upon its age, condition, and latitude allowed.
The usual rate on sealing vessels at present is seven per cent; in 1886

341

Occupation.

Insurance rate.

342 TESTIMONY _

and 1887 it was some more; a fairly good vessel at that time would be
insured at a rate from eight to nine per cent, and we made no distine-
tion in rate between sail and steam vessels engaged in this business.
The outfit is insured at the same rates as the hull. The cargo to the
extent of the outfit is usually insured under the outfit policy, and the
catch as taken replaces the outfit. Insurance on seal-
ing vessels is usually taken out in February of each
year, although a few do take insurance in November or December to
seal along the coast. On return to home port of the vessel from a
spring and summer sealing voyage, which is usually in August or Sep-
tember, the owners frequently surrender their policies
for cancellation and receive a pro rata amount of the
premium for each month of unexpired time.

In insuring a sealing vessel the premium is divided into four parts;
one-fourth is paid in cash, the other three-fourths in notes payable
three, six, and nine months, with privilege of canceling the policy on
return of vessel to port and receiving the unearned premium. In case

Seizure voids policy. Of Seizure the policy becomes void from that date.
The vessels engaged in the sealing business now are
of a superior quality to those usually engaged in the
Survey fee. business in 1886 and 1887. The cost of survey is from

ten to twenty dollars.

Insurance date.

Rebate.

Quality of vessels.

Wo. H. C. FOWLER.

Subscribed and sworn to before me this 15th day of October, A. D.
1892.
[SEAL. ] CLEMENT BENNETT,
Notary Public.

Deposition of N. T. James, president of Union Insurance Company of
San Francisco.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

N. T. James, being duly sworn, deposes and says:

I am forty years of age; a citizen of the United States, and reside in
San Francisco, California. My occupation is that of
insurance. Was president of the Union Insurance
Company of San Francisco until quite recently, and was marine secre-
tary of the Firemen’s Fund Insurance Company of San Francisco for
seven years previous thereto, both companies of which done a marine
insurance business, and I ain thoroughly familiar with the rates paid
by sealing vessels now as well as those paid in 1886 and 1887. In those
years the general rate was eight per cent for total loss
on Bering Sea sealers, and they were not to go north
of St. Lawrence Island. The rates on outfit was the same as on the
hull. The cargo is usually, to the extent of the outfit, insured under
the outfit policy, the same being cousumed and the cargo takes its
place. We made no difference in rates of insurance between steam
and sailing vessels. Insurance last year was about seven per cent, or
about one per cent less than in 1886 and 1887. The
vessels engaged in the sealing business for the last
year or two area better class of vessels than those
of 1886 and 1887. Insurance on sealing vessels is
usually taken out in February of each year, although a few take out

Occupation.

Insurance rates.

Quality of vessels.

Insurance date.

RELATING TO BRITISH- CLAIMS. 343

insurance in November and December to seal along the coast. The
total premium is divided into four parts; one-fourth is paid in cash, the
other three-fourths in notes payable in three, six, and nine months,
with the privilege of canceling the policy on return of vessel to port,
and where no loss is claimed the premium on each entire month, not
entered upon, is returned to the owner. The cost of
survey is from ten to twenty dollars. In case of seiz-
ure of vessel the policy is void and the insured usually ‘Su"vey fee.

do not pay their notes, claiming that they are broken | Seizure voids pol-
up. 1cy.

N. T. JAMES.

Subscribed and sworn to before me this 15th day of October A. D.
1892.
[SEAL. | CLEMENT BENNETT,
Notary Public.

Rebate.

Deposition of A. P. Lorentzen, shipping agent, owner, and outfitter of
vessels.

STATE OF CALIFORNIA,
City and county of San Francisco, ss:

A. P. Lorentzen, being duly sworn, deposes and says:

J am fifty-four years of age, an American citizen, and reside in Ala-
meda, Cal. My occupation is shipping agent and owner
and outfitter of vessels. My place of business is 114
Stewart street, San Francisco. Have been engaged in the business to a
greater or less extent since 1865, and since 1885 I have been an owner
and otherwise interested in vessels engaged in the sealing business.
Have fitted out vessels and am thoroughly familiar with the business.
Vessels going on a Sealing cruise are usually fitted out
for an eight or nine months’ voyage in January or Feb- , Outfitting of seal-
ruary of each year, and the cost of a complete outfit for =~
afairly good vessel, carrying a crew of from twenty to twenty-five men,
is about three thousand dollars. This would include the entire cost of
provisions and subsistence of a crew of white men, including insurance,
as well as all other expenses for a complete outfit of a sealing vessel, but
would not include advances to the men. In estimating the cost of pro-
visions, water, etc., we allow fifty cents per day for each person com-
posing a white crew, and it will fully cover the expense. I have had
no experience with Indian crews, but, as they largely furnish their
own subsistence and their own canoes, it would cost very much less to
fit out a vessel carrying that kind of a crew. The cost
of chartering a vessel from forty to a hundred tons, ,,C0st of chartering
registered burden, engaged in sealing, is about three
dollars per ton, depending somewhat on the condition of the vessel
and the demand at the time of charters. The cost of provisions and
outfit at present, as compared with 1886 and 1887, is about the same.
The cost of constructing a sealing schooner is about a nia
hundred dollars per registered ton. A small schooner ,,Ccst. of building
might cost a little more per ton. The same would cost
about eighty dollars per registered ton to build it in Victoria. The

Occupation.

344 TESTIMONY

Victoria vessels are rougher and not as well made, and 1 consider them

much inferior to those made in San Francisco. One small boat belongs

regularly to the sealing schooners. The hunting boats are a part of her

outfit, and cost from ninety to a hundred dollars in San

peegst of hunting Francisco. The same with sails cost about a hundred

and ten dollars when new, but they depreciate quite

rapidly by use. I would not consider a Victoria made hunting boat

worth over seventy-five dollars when new. They are not as staunch

and well constructed as those made by San Francisco builders. What
is known as nonconsumable supplies depreciate very rapidly by use.
A. P. LORENTZEN.

Subscribed and sworn to before me this 18th day of October, A. D.
1892.
|SEAL. } CLEMENT BENNETT,
Notary Public.

Deposition of Charles Lutjens, scaler (master).

STATE OF CALIFORNIA,
City and County of San Francisco, ss.:

Charles Lutjens, being duly sworn, deposes and says:
I am 50 years of age, a naturalized citizen, and reside in San Fran-
cisco, California. J°am owner and master of the seal-
ing schooner Kate and Anna. I have been engaged in
the sealing business since 1886. My vessel is a small schooner of about
30 tons and carries three sealing boats and a crew of 12 men. I allow
. for subsistence for an 8 or 9 months’ cruise a hundred
org ttitting of seal: Gollars per man or twelvé hundred dollars for the en-
tire cruise. This includes the wages of thecook. The
rest of the crew go on a “lay.” The cost of the rest of the outfit is
about eight hundred dollars. These prices are very liberal and are for
the very best outfit that can be obtained, for it has been my experience
that the best outfit produce the best results. Itis the practice of sealers
to fit out in January and leave about the first of February and return
to port in September. Many vessels fit out less expensively than I do.
This is particularly so with British Columbia vessels engaged in the
business, which are seldom as well fitted out as American vessels. The
cost of fitting out a vessel carrying Indian hunters would be very much
less, for the Indians furnish their own canoes and equipments and fur-
nish their own subsistence and goon a“lay.” There is no material dif-
ference in the cost of outfitting a vessel now as com-
pared with 1886 and 1887. Iwas seized in 1887 by the
United States revenue cutter Rush for sealing in Ber-
ing Sea. About the same time the vessels W. P. Say-
ward, Grace, Anna Beck, Dolphin, and Ada were seized by the Govern-
ment. Ihad been abroad of these vessels and was well acquainted
with their condition and outtit at time of seizure. I would value the
cok irs Ne Sieg vessels and outfits at time of seizure, exclusive of the
seals so Skins, to a person who wished to purchase, as follows,
although if they had been sold at forced sale they

would probably have brought much less,

Occupation.

When seized.

Other seizures.

RELATING TO BRITISH CLAIMS. 345

Value of vessel and outfit.

WWE ESA VALOR emer ooo ce oe ere se can osee cna se belech schemes ae seniemere Sec $5, 000
MGTPUC Oise Ses oseioaa AERO eS ais meres sees fers Se at sae ays ei sit Se > edie the = 2S 8, 000
Amasya ck: (OlG:) eesam sa sab pa ceee ania Sots lae wens aoe. os ie sea ecm anes oe 6, 000
IRON PIN Fos oO a cae Seda ecina selene casey en = Scns os ac’ a hea cee as 7, 000

Lae n rs one ack. coh ee eet an eee re cca els oe cet o ol ciate ee siete 5, 000

Sealing in Bering Sea practically closes the latter part of August.
The sea becomes so rough and there are so few days
that we can lower boats that it does not pay to remain ,Beting Sea sealing
any longer. We go direct to our home ports, for there
are no seals in the North Pacifie to hunt at that timeof the year. The
number of seals caught by one vessel, or the average number caught
by a number of vessels, has no particular bearing on
the catch of another vessel or what such vessel might
have caught in a given time. One vessel may be lucky and another
unlucky. Sealing, like whaling, is a venture, and while one may do
exceptionally well, another may do very poorly. This has always been
the case in the sealing business.

‘\
Sealing a venture.

CHARLES LUTJENS.

Subscribed and sworn to before me this 22nd day of October, A. D.
1892.
|SEAL.] CLEMENT BENNETT,
Notary Public.

Deposition of Alexander McLean, sealer (master).

STATE OF CALIFORNIA,
City and county of San Francisco, ss:

Alexander McLean, being duly sworn, deposes and says:

I am thirty-three years of age, and a master mariner by profession.
I reside at San Francisco, and am a citizen of the
United States. I have been engaged in hunting the
fur seal in the Bering Sea and North Pacific for the .
last ten years. Have been owner and part owner of =*Petence:
vessels engaged in the business. Was one of the first to enter Bering
Sea and engage in pelagic hunting of seals. Have been one of the most
successful of all of those engaged in the business. Have been in Ber-
ing Sea every season, except the last three, since 1882. The hunting
season begins in Bering Sea the fore part of July and
ends the last of August. I entered Bering Sea three ,,Bering Sea sealing
years in succession on July 4th, and usually came out
August 25th, at which time the season practically closes. There are
so few days after that when the weather will permit successful hunting
that it does not pay to remain in the sea any longer. On leaving the
sea the latter part of August all vessels make for their home port, for
there is no seals to hunt at that season of the year in the North Pacific.
I am acquainted with nearly every vessel engaged in
the business of catching seals; and the number of skins
taken by one vessel or a certain number of vessels is no guide to the
number that might be taken by another vessel. So much depends
on finding the herd and keeping with it in its journey along our
coast to Bering Sea that while one vessel may be fortunate in this
respect another, equally well manned and with the same number of

Occupation.

Sealing a venture.

346 TESTIMONY

small boats, may be unfortunate and may not secure in number but a
small per cent of the skins taken by the former. No correct estimate
can be made of the number of skins that might be taken in a given
time by what other vessels have done or by what the vessel itself had
formerly done, for too much depends on good luck in this precarious
business. The greater portion of my life each year for
nagerd decreased one- the last ten years has been spent on board of a vessel
as a master hunting the fur-seal in the Bering Sea or
North Pacific, and I know from actual knowledge that there is not one-
half as many seals in these waters that there were a few years since,
and the decrease in number has been so rapid in the last four or five
years that, if continued two or three years more, they will be so near
killed off that it will pay no one to hunt them. It is
true that a very few of the vessels have made a fairly
good catch this year, but that was brought about by those vessels go-
ing over to the Japan coast and falling in with the herds there that
had not been hunted to any great extent. When In-
dian hunters are employed on a sealing cruise they
go on what is known “as a lay.” They furnish their own canoes, and
each canoe has a boat-puller and hunter. The rule is for the hunter to
get one-third, the boat-puller one-third, and the vessel one-third of the
catch of each canoe. The vessel furnishes the supplies, but it costs
only about one-half to subsist an Indian crew that it does a white crew,
for the Indians live chiefly on the flesh of the seal and hard bread.
Sealing vessels are fitted out in February for an eight-
months’ cruise, but they sometimes run into Victoria
or to the west coast of Vancouver Island in May or
Reshipment of June and ship their skins, preparatory to entering
spring catch. Berin g Sea.

Catch in 1892.

Indian hunters.

Date of outfitting.

A. MCLEAN.

Subscribed and sworn to before me this 7th day of October, A. D.
1892.
[SEAL.]} CLEMENT BENNETT,
Notary Public.

Deposition of Daniel McLean, sealer (master).

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

DANIEL MCLEAN, being duly sworn, deposes and says:
I am forty-two years of age, and am a master mariner by profession.
I reside in San Francisco, and am a naturalized Ameri-
can citizen. Have been engaged in pelagic hunting of
fur-seals in the North Pacific and Bering Sea for the
last ten years. The vessel in which I was in command
secured the largest number of seals ever caught in any one season in
those waters. I am what might be called a pioneer in pelagic hunting
_ inthe Bering Sea. I usually enter the Bering Sea dur-
acpiting Sea sealing ine the fore part of July and leave the last of August.
The sea becomes too rough to make it profitable to
hunt seal after August, and it is the practice for nearly all vessels en-

Occupation.

Experience.

,-_

*

RELATING TO BRITISH CLAIMS. 347

gaged in hunting seal to leave about that time. A few sometimes re-
main later for the purpose of trying to raid the islands, but there are
so few days that the sea is smooth enough to hunt after September 1st
that it does not pay toremain any longer. After leaving Bering Sea the
last of August all vessels go direct to their home port, for there is no
seals to hunt in the North Pacific during September.
The conditions for a suecessful catch are so many that
while one vessel may take a great many another with equal as large a
crew may secure only a small number. It requires experience, careful
study of the habits. of the seal, and a thorough knowledge of their
route of travel along the coast to Bering Sea to secure a good catch.
I have known vessels to leave port on the same day that. I did with the
same number of crew and boats, and at the end of the

season I had about two skins to their one. I know ,Ucrds decreased
there is not one-half as many seals in the waters of the

North Pacific and Bering Sea that there were a few yearsago. At the
rate they have been decreasing for the last three or four years it will
take only about two years more to use them up. It is for the interest
of the sealers and everybody else that something be done at once to
stop the indiscriminate slaughter of the fur seal in
those waters. Sealing vessels were formerly fitted out
in February for an eight-months’ cruise, but last year some of them
fitted out earlier, so as to avoid being warned. We

usually run into some port or place in May or June, , Reshipment of
where we can ship our skins before going into Bering

Sea in July.

Indian hunters go on what is known as a “lay,” the vessel getting
one-third of the catch of each canoe, and the two In-
dians (boat-puller and hunter) the other two-thirds.
The vessel furnishes the subsistence and the Indians furnish their canoes,
spears, guns, etc. It costs only about one-half to subsist an Indian
crew that it does a white crew, for the Indians live chiefly on fish and
the flesh of the seal, with a little hard bread and tea.

DANIEL MCLEAN.

Sealing a venture.

Date of outfitting.

Indian hunters.

Subscribed and sworn to before me this 7th day of September, A. D.
1892.
[SEAL.] CLEMENT BENNETT,
Notary Public.

Deposition of John A. Magee, jr., managing owner of sealing vessels and
shipping agent.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

John A. Magee, jr., being duly sworn, deposes and says:

I am forty-three years of age, and an American citizen. My occupa-
tion is managing owner and shipping agent. Place of
business 310 Clay street, San Francisco. I have been
engaged in the business since 1884, and at present am
managing owner of four vessels. Have fitted out whal-
ing and sealing vessels and am thoroughly conversant with the busi-

Occupation.

Experience.

348 TESTIMONY

ness. Vessels are usually fitted out for a sealing voyage in the month
of January or February for a cruise of eight months or
a year. It will cost to outfit a vessel of forty ton reg-
ister, with three sealing boats and carrying a crew of
twelve or thirteen men for an eight or nine months’ cruise, about two
thousand four hundred dollars. In making my estimate I allow eight
hundred dollars to each sealing boat. One of a hundred and sixty tons
register usually carries six boats and twenty-four men, and it would
cost about forty-eight hundred dollars to outfit her. These estimates
are very liberal ones and are based upon everything being new and
first-class in every particular, with an abundant supply of everything.
It includes everything but the vessel and advanced wages to the sea-
men. Ifthesuppliesare of an ordinary quality and portion of the amount
second hand, having been in use in former voyages, as is the case in
many instances, then it will cost very much less. New
shot-guns cost about twenty-five dollars apiece; good
second hand ones can be bought from eight to ten dollars each, and
rifles for twelve and a half dollars. Good new sealing boats cost about
CU Pe tebe Oe a hundred dollars each, second hand ones can be bought
boats. ° for forty dollars, and a like discount should be made on
other parts of her outfit if it is not new. The cost of
Outfitting in Vie outfitting vessels in Victoria is fully twenty per cent
pee less than in San Francisco; chiefly because the outfit
is inferior in quality and less in quantity than those furnished American
vessels at this port. Occasionally a Victoria vessel is fitted out in San
Francisco, and I have noticed that they scrimp in their supplies, and
buy much cheaper articles than Americans. This is especially true of
old vessels that are sent out on sealing voyages from that port. The
usual allowance in estimating for subsistence is fifty
Cost of subsistence Gents a day for each man on board the vessel, but the
per man. 5
actual cost is only about twenty-five cents perman. I
am told that the big steamers running between here and China subsist
their crews at about twelve and a half cents a day for each man. I
have never had any experience in fitting out vessels
with Indian bunters, but as they furnish their own
canoes, and their food largely consists of fresh and dried fish which
they themselves furnish, it must be but a fraction of the cost that it
takes to fit out a crew of white men. There is but little difference, if
any, in outfitting vessels now and what it was in 1886 and 1887—a few
things a little more and some things less. The cost of chartering
schooners depends on the demand, but usually they can
be had from two to three dollars a ton per month. I
have just chartered a good vessel of seventy tons register fora hundred
and fifty dollars, or two hundred and fifty dollars a month including
wages of the captain. All estimates are based upon theregistered ton-
nage of a vessel.

Outfitting of seal-
ers.

Cost of shot-guns.

Indian hunters.

Chartering sealers

JOHN A. MAGEE, JR.

Subscribed and sworn to before me this 20th day of October, A. D.
1892.
[SEAL] CLEMENT BENNETT,
Notary Public,

RELATING TO BRITISH CLAIMS. 349

Deposition of George CO. Perkins, general agent of Pacific Coast Steam-
ship Company. ,

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

George C. Perkins, of Goodall, Perkins & Co., general agent for the
Pacific Coast Steamship Company, of San Francisco, being duly sworn,
deposes and says:

Iam the secretary of the Pacific Coast Steamship Company; that
we do now and did in 1886 and 1887, run regular mail

é : : 3 : Occupation.
boats between San Francisco, California, and Victoria, ~°?*"
B.C. Also between Sitka, Alaska, and Victoria, B.C.

The regular passenger rates between these points in x ;
1886 and 1887, were as follows: Pacific coe, PO
San Francisco to Victoria—

Cab iat eee a etn See nae SEY Sees a aS caves Saccones oe cn oee $20. 00

Be le eet cl te eet ie are stags Cas at bee i 10. 00
Sitka to Victoria:

RMPRTRM IRN SS 29 2c She oe eae cee nintomeet aaa sa aa = meee Sat eee aoe ee NE 50. 00

ts ee ee ae eee ee ne aren ame eee sees aoe ce aise ee oe 30. 00

Port Wrangle to Victoria (which rates would apply to passengers from Fort
Simpson to Victoria) :
i TUL NR aera oe ic - cm atin Ane e ROB Ah tie Eee ie a Reet 30. 00

A British Columbia transportation company which runs between Fort Simp-
son and Victoria, I am informed, charges between those two points for—
Oa irate tens eee ae ates oop, © Were denio = Sarnia cane ie malsacn oe eee eel wie coe 20. 00

GEORGE C. PERKINS.

Subscribed and sworn to before me this 28th day of October, A. D.
1892.
[SEAL. ] CLEMENT BENNETT,
Notary Public.

Deposition of Harry S. Smith, marine secretary of Sun Insurance Co.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Harry S. Smith, being duly sworn, deposes and says:

I am forty-four years of age; reside in San Francisco; aman Ameri-
can citizen, and am marine secretary of the Sun Insur-
ance Company of San Francisco. I am familiar with
marine insurance, and our company has carried for a
number of years a line of insurance on sealing vessels,
some of them as far back as 1886 and 1887. The rates
of insurance on such vessels in 1886 and 1887, on hull T™swzance rate.
and outfit was eight to nine per cent per annum. At present it is less,
being about seven per cent per annum, and we make no distinction as
to rates between sailing and steam vessels engaged in the sealing busi-
ness. The cargo to the extent of the outfit is insured under the outfit
policy, the catch taking the place of the outfit consumed.
Sealing vessels usually take out their insurance in
February or the last of January, although occasionally one takes out
insurance in the fall of the year for sealing along the coast in winter.
Insurance premiums are paid quarter in cash at time of insurance; the

Occupation.

Experience.

Insurance date.

350 TESTIMONY

other three-quarters are in notes, payable in three, six, and nine months,
with the privilege of surrendering the policy on return
of the vessel to port and receiving back the unearned
premiums of such months as have not been entered upon, but no frac-
tional part of a month is considered in returning to the vessel’s owner
any unearned premium. It is the practice for the vessel on return to
its home port, which is usually in August or September, to surrender
its policy and apply for rebate of unearned premium.

Rebate.

Seizure voids pol-

icy. The condition of the policy is such that all insurance

Quality of schoon- Ceases at the time of seizure. A better class of vessels

ers. are engaged in the sealing business at present than in

Survey fee. ae and 1887. The cost of survey is from ten to twenty
ollars.

HARRY S. SMITH.

Subscribed and sworn to before me this 17th day of October, A. D.
1892.
ISEAL.| CLEMENT BENNETT,
Notary Public.

Deposition of Matthew Turner, ship-builder.

STATE OF CALIFORNIA,
City and County of San Francisco, ss :

Matthew Turner, being duly sworn, deposes and says:

I am sixty-seven years of age; reside in San Francisco, and am an
American citizen. My occupation is ship-builder, and
my office is 122 California street, San Francisco, Cali-
fornia. I engaged in ship-building in 1868, and have
been continually in the business since 1873. During
this time I have built a hundred and sixty-seven ves-

sealene OF Pulding sels, some of which are known as sealing schooners,

Occupation.

Experience.

to wit:
Schr. Henrietta, built in 1884, 40 tons reg., cost.-...-.-----..------- Sis ES $5, 200
Schr, San Jose, built in 1885, 52 tons ree.; cost. -..-.5 24.20. -.202..en sae Paces 5, 300
Schr gsuydia, bulge! Gsouos Ons TOt) "COStReee eeeeene casio Lee eee eres 4, 375
Schr. Herman, built im: 1890, 100 tons rep.-cost 2.2. 4.2=_< .2eecanees ae pe 9, 000
Sehr. ‘Olga, built in-1890; 46 tons tew:; Cost. 2.2.00. 0. o. ete. - sees ee 5, 000
Schr. St. Paul, builtin, 1890,.46 tons ree. tast22.. id. eee 5, 500
Schr. Everett Hays, built in 1892, 374 tons reg., cost...........----.-------- 3, 750

These vessels were first class in every particular, with galvanized
iron fastenings and trimmings and brass spikes, and were complete to
go to sea with the exception of the bedding and cabin furniture, which
would cost not to exceed a hundred and fifty dollars to each vessel.
The average cost of building this class of vessels, complete with every-
thing ready to go to sea, is about a hundred dollars per registered ton,
those over seventy-five tons costing less, and those under perhaps a
trifle more. A vessel of a hundred and fifty tons register would cost
eighty-five dollars per ton to build in San Francisco. All calculations
are made on the net registered tonnage as made by the custom-house
officials, with this exception, that fractional parts of a ton are omitted
from this statement. The cost of building the same class of boats in
Victoria, B. C., would be from twenty to thirty dollars less per regis-
tered ton than in San Francisco. Timber is much less and labor a little
lower, besides the construction is much inferior in workmanship and
materials to those made here, which is the main cause of their costing

RELATING TO BRITISH CLAIMS. 351

less. I have repaired some of the schooners that were built at Victoria
and have always found them roughly made and lacking in good sea-
going qualities as compared with those made at this port, although
those built in the last two or three years are better in this respect than
those built previous to 1886.

MATTHEW TURNER.

Subscribed and sworn to before me this 24th day of October, A. D.
1892.
[SEAL. | CLEMENT BENNETT,
Notary Public.

Deposition of Theodore Thomas Williams, journalist.

DISTRICT OF COLUMBIA,
City of Washington, ss:

Theodore Thomas Williams, being duly sworn, deposes and says:

I am a resident of San Francisco, California. I know A. Frank, of
San Francisco, of the late firm of Gutman & Frank,of =
Victoria. A. Frank was born in San Francisco; was »Citizenship of A.
a citizen of the United States; never threw off his al-
legiance to the United States or became a citizen of any other country,
so far as I know or was informed; he always passed among his ac-
quaintances as an American citizen; he spoke of himself as an Ameri-
can, and exercised the rights and privileges of American citizenship.

I know Mr. A. J. Bechtel, of the firm of Carne, Munsie, and Bechtel,
of Victoria, B. C. He was introduced to me as an sa 4
American, and the introduction was made as one plitizenshipof A.J.
American to another; he spoke of America, and spoke
of himself as an American. It was understood in Victoria that he was
an American. When I say “American” I mean a citizen of the United
States. He universally passed in Victoria as an American; he was
never known to have requested British citizenship nor to have taken
any steps towards obtaining the same.

Joseph Boscowitz became an American citizen by naturalization,
coming to the United States from Northern Europe. _. :

He was well known on the Pacific coast as a citizen of ee eae ae
the United States before he went to Victoria to engage

in business. He frequently spoke of his American citizenship as though
he were proud of it, and spoke of himself as an American in Victoria
when doing business there; he always passed as an American citizen in
Victoria. He had,soI was informed by the late U.S. consul at Victoria,
Mr. Stevens, business with the consulate there as an American citizen,
and was universally regarded and looked upon, so far as I.am informed
and believe, as an American citizen in Victoria. I know that he owned
an interest in the schooners which stood in the name of
Captain Warren; but not only did he own an interest Warren: Boscowit
in these vessels, but furnished Warren money to obtain

his share. I found that out from his people; in making inquiries there
I used all sorts of ways—not dishonorable ways—I met men and with-
out stating my business talked to them; and talked to people who were
associated with Boscowitz, and got from them such statements as this:
‘¢Oh, well, Boscowitz put up the money for Warren; Warren did not
have any money; Warren was a good man to have charge of that busi-
ness; Boscowitz put up the money and charged large interest—ate up
his (Warren’s), share.” And they also said that Boscowitz had gotten

352 TESTIMONY

a little the better of Warren in the selling of skins. I never talked to
Joe Boscowitz about that. I was working secretly.
It was while I was in Victoria in 1889, that Llearned

When information

was obtained. these facts in regard to the ownership of these vessels.
Subscribed and sworn to before me this 12th day of December, 1892.
[SEAL.] T. T. WILLIAMS,

Deposition of William H. Williams, United States Treas’y agent in
charge of Pribilof Islands.

DISTRICT OF COLUMBIA,
City of Washington, ss:
William H. Williams, being duly sworn, deposes and says:
I am the United States Treasury agent in charge of the seal fisheries
on the Pribilof Islands.
On the 18th and 19th of October, 1892, I had conversations with Mr. A.
_ Frank, at San Francisco, California, in the leather store
aConversation with of Frank & Frank, on Battery street. He said to me
that he was the Frank of the firm of Gutman & Frank,
of Victoria, B. C.; that Gutman died at sea April, 1887; that he (Frank)
did not own any part of the Alfred Adams or her outfit, nor was he
interested in her catch; that he had no claim against
the United States Government on account of theseizure
Citizenship of a, Of any vessel; that he (Frank) was an American citizen
Frank. and was born in San Francisco, California; that he had
Ties. siortecee se mortgage on the Alfred Adams and Black Diamond for
on Alfred Adams and about one-half of the value of each vessel at the time of
RE LORE seizure, and that he got a decree from the court at
British Columbia permitting him to act as executor of Gutman at the
time of his death, and that he remained executor until Gutman’s brother
became of age, which was about three years ago; that he then turned
over the affairs of Gutman, deceased, to his (Gutman’s) brother. When
Sie HA eh . questioned as to his interest in the Alfred Adams and
inthe tro sealers. Black Diamond, as to whether he was not a partner
with Gutman, and that the mortgage was only a blind
; to evade British Columbia laws, he laughingly replied,
eee posi “No; how couldI?” He finally said, “ My interest in
the vessels was the same as Boscowitz’s in Warren’s
vessels; that he had no claim against the United States
_ Frank refused to Government for vessels, outfit, or catch; and that he
is aoa did not know that any claim had been made for him.”
He refused to make any statement in writing.
The foregoing is a copy of the notes made by me October 20th, the
Ti enaving Bose day after the conversation took place, and states
notes. Ss aceurately the substance of the conversation between
the said Frank and myself in relation to his interest in
1887, 1888, and 1889 in the British Columbia sealing
vessels Alfred Adams (afterwards the Lily) and the Black Diamond. _
Wm. H. WILLIAMS.

Sworn to and subscribed before me, a notary public for and in the
District of Columbia, this tenth day of December, 1892.
[SEAL.] SEVELLON A. BROWN,
Notary Public,

No claim against U.S.

Character of notes.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 353

B.—RELATING TO FUR-SEALS AND TO SEALSKIN IN-
DUSTRY.

Deposition of Moses 8. Barnard, cooper.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Moses 8. Barnard, being duly sworn, deposes and says:

That he is a resident of San Francisco, California, and is by occu
pation a cooper; that during the past twenty years
he has been employed by the Alaska Commercial Com-
pany in heading the casks in which are packed the fur-seal skins re-
ceived by said company from the Pribilof Islands; that up to 1879 such
sealskins were packed at the company’s warehouse; that I have seen
such sealskins packed, and never saw but a very few opened at the
warehouse to examine as to their condition; that as
soon as the casks had been packed and headed they All skins _trans-
were at once placed on drays and drawn to the railroad #RiPrgt | te. uendon
station; that since 1879, when a vessel arrived in port
with a consignment of sealskins, the skins were unioaded and packed
in bundles in the casks at the wharf, the casks being there headed and
thence taken in drays to the railroad station for shipment.

Moses S. BARNARD.

Experience.

Subscribed and sworn to before me this 17th day of November, A.
D. 1892.
[SEAL. ] CLEMENT BENNETT,
Notary Public,

Deposition of Charles J. Behlow, furrier.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Charles J. Behlow, being duly sworn, deposes and says:

I reside in San Francisco, State of California, and am by occupation
a fur merchant, and have been so engaged perma-
nently for the last 35 years, during which time I have
been constantly handling large quantities of raw fur-seal skins from all
different locations, and can readily distinguish the respective qualities,
size, age, and sex.

On the 22d instant I examined twenty fur-seal skins, ex-American
schooner Mary Brown, from the Bering Sea, and found
the same to be fresh skins taken off the animal within Composition Mary
three months last past, and the same were killed in the
Bering Sea.

On examination they proved to be the skins known as the Northwest
Coast seals, and belonged to the herd which have their rookeries on the
Pribilof Islands. The lot contained: 2 skins of the fur-seal, male (ma-
tured); 4 skins of the fur-seal, gray pup about one year of age, sex
doubtful; 14 skins of the fur-seal cow (matured).

Portion of the 14 cows referred to must have been very heavy with
pup when killed, and some few, judging by the shape of the skin and

12364 23,

Experience.

354 TESTIMONY

the development of the teat, must have been killed very shortly after
giving birth to its young.
Cus. J. BEHLOW.

Subscribed and sworn to before me this 27th day of August, A. D.

1892.

[SEAL.] L. MEININGER,
Notary Public.

Deposition of Charles J. Behlow, furrier.

STATE OF CALIFOANIA,
City and County of San Francisco, ss:

Charles J. Behlow, being sworn, deposes and says: I reside in San
Francisco, State of California, and am by occupation
a fur merchant, and have been so engaged permanently
for the last 35 years, during which time I have been constantly han-
dling large quantities of raw sealskins from all different locations, and
can readily distinguish the respective quality, size, age, and sex.

On the 24th instant I examined 949 salted fur-seal skins, ex-American

| 48 steamer City of Pueblo, from Victoria, and found the
caten ot Winitrea, Same to be fresh skins taken off the animal within eight
Henrietta, Kate, Fa- months last past, and that they were killed in the North
pier Pacific, and to the best of my knowledge and belief
were the catches of four British seal schooners, Winifred, Henrietta,
Kate, and Favorite.

On examination they proved to be the skins known as the Northwest
Coast seals and belonged to the herd which have their rookeries on the
Pribilof Island.

The lot contained 73 skins of the fur-seal, male (matured); 72 skins
of the fur-seal, gray pup under one year of age, sex doubtful; 804 skins
of the fur-seal cow (matured).

Most all of these 804 cow skins above referred to must have been
heavy with pup, and the same cut out of them when captured.

Cus. J. BEHLOW.

Subscribed and sworn to before me this 27th day of August, A. D.
1892.
[SEAL. | L. MEININGER,
Notary Public.

Experience.

Deposition of Charles J. Behlow, furrier.

STATE OF CALIFORNIA,
City and County of San Francisco, ss: :

Charles J. Behlow, being duly sworn, deposes and says:

Iresidein San Francisco, State of California, and am by occupation a
fur merchant, and have been so engaged permanently
for the last 35 years, during which time I have been
constantly handling large quantities of raw fur-seal skins from all dif-
ferent locations, and can readily distinguish the respective quality,
size, age, and sex.

Experience.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 355

On the 15th instant I examined 194 salted fur-seal skins ex-American
barkentine J. A. Falkenberg, from Sound Point, Alaska, pt,
and found the same to be fresh skins taken off the ani- yV,7mPosifion 44
mal within 9 months last past, and that they were
killed within the North Pacific, and as I am informed are the catch of
the American schooner La Ninfa.

On examination, I found they were the skins known as the Northwest
Coast seals, and belong to the herd which have their rookeries on the
Pribilof Islands. The lot contained 3 skins of the fur-seal bull, 24
skins of the fur-seal male (matured), 7 skins of the fur-seal grey pup
less than one year of age (sex doubtful), 160 skins of the fur-seal cow
(matured).

From the shape of these cow-skins most all of them must have been
heavy with pup, and the same cut out of them when captured.

Cus. J. BEHLOW.

Subscribed and sworn to before me this 21st day of September, A. D.
1892.
[SEAL. | CLEMENT BENNETT,
Notary Public.

Deposition of Charles J. Behlow, furrier.

STATE OF CALIFORNIA, ;
City and County of San Francisco, ss:

Charles J. Behlow, being duly sworn,deposes and says:

I reside in San Francisco, State of California, and am by occupation
a fur merchant, and have been so engaged permanently
for the last 35 years, during which time I have been con-
stantly handling large quantities of raw fur-seal skins from all different
locations, and can readily distinguish their respective quality, size,
age, and sex.

On the 14th instant I examined 362 salted fur-seal skins, ex-Ameri-
can barkentine J. A. Falkenberg, from Sound Point,
Alaska, and found the same to be fresh skins taken off Composition This
the animal within 8 months last past, and that they
were killed within the North Pacific. To the best of my knowledge
and belief they are the catch of the British steam schooner Thistle.

On examination, I found they were the skins known as the North-
west Coast seals, and belong to the herd which have their rookery on
the Pribilof Islands. The lot contained: 1 skin of the large fur-seal
bull, 28 skins of the fur-seal male (matured), 29 skins of the fur-seal
grey pup less than one year of age (sex doubtful), 304 skins of the fur-
seal cow (matured). From the shape of these cow-skins most all of
them must have been heavy with pup, and the same cut out of them
when captured.

Experience.

Cus. J. BEHLOW.

Subscribed and sworn to before me this 21st day of September, A. D.
1892.
[SEAL.] CLEMENT BENNETT,
Notary Public.

356 TESTIMONY
Deposition of Charles J. Behlow, Jurrier.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Charles J. Behlow, being duly sworn, deposes and says:
I reside in San Francisco, State of California, and am by occupation
a fur merchant, and have been sv engaged perma-
nently for the last 35 years, during which time I have
been constantly handling large quantities of raw fur-seal skins, from
all different locations, and can readily distinguish the respective quality,
Size, age, and sex.
On November 7th, 1892, I examined 210 fur-seal skins ex-schooner,
City of Pueblo, from Victoria. I believe theseskins were
toomposition, Favor- taken by the British sealing schooner Favorite, and
are the skins of seals known as the Northwest seals,
which have their rookeries on the Pribylof Islands.
The lot contains 37 skins of the fur-seal male (matured), 16 skins of
the fur-seal pup (sex doubtful), 157 skins of the fur-seal cow.
From the shape of these cow skins the animal must have been heavy
with pup, and the same cut out when captured.

Experience.

Cus. J. BEHLOW.

Subscribed and sworn to before me this 17th day of November, A. D.
1892.
[SEAL. ] CLEMENT BENNETT,
Notary Public.

Deposition of Charles J. Behlow, furrier.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Charles J. Behlow, being duly sworn, deposes and says:

I reside in San Francisco, State of California, and am by occupation
a fur merchant, and have been so engaged permantly
for the last 35 years, during which time I have been
constantly handling large quantities of raw fur-seal skins from all dif-
ferent locations, and can readily distinguish the respective quality, size,
age, and sex.

Experience.

er On September 26th, 1892, I examined 442 fur-seal
ye RN Hose skins, ex-schooner Rose Sparks, and I find these to be
Northwest skins, [from the seals] which have their
rookeries on the Pribilof Islands.
The lot contains 47 skins of the fur-seal male (matured), 39 skins of
the fur-seal pup (sex doubtful), 356 skins of the fur-seal cow.
From the shape of these cow skins the animal must-have been heavy
with pup, and the same cut out when captured.
Cus. J. BEHLOW.

Subscribed and sworn to before me this 17th day of November, A. D.
1892.
[SEAL.] CLEMENT BENNETT;
Notar y Public.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. $857
Deposition of Charles J. Behlow, furrier.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Charles J. Behlow, being duly sworn, deposes and says:

I reside in San Francisco, State of California, and am by oceupation .
a fur merchant, and have been so engaged permanently
for the last 35 years, during which time I have been
constantly handling large quantities of raw fur-seal skins from all differ-
ent locations, and can readily distinguish the respective quality, size,
age, and sex.

On November 7th, 1892, I examined 121 fur-seal skins ex-schooner
Czarina, and I find these to be Northwest skins from . q.ocition Gear.
the herd which have their rookeries on the Pribylov ina’s enteh.
islands.

The lot contains 27 skins of the fur-seal male (matured), 12 skins of
the fur-seal grey pup (sex doubtful), 82 skins of the fur-seal cow.

From the shape of these cow-skins the animal must have been heavy
with pup, and the same cut out wien captured.

Experience.

Cus. J. BEHLOW.

Subscribed and sworn to before me this 17th day of November, A. D.
1892.
' [SEAL.] CLEMENT BENNETT,
Notary Public.

Deposition of Charles J. Behlow, furrier.

STATE OF CALIFORNIA, :
City and county of San Francisco, ss :

Charles J. Behlow, being duly sworn, deposes and says:

I reside in San Francisco, State of California, and aim by occupation
a fur merchant, and have been so engaged permanently
for the last 35 years, during which time I have been
constantly handling large quantities of raw fur-seal skins from all the
different locations, and have examined skins taken at all periods of
the year.

I find that all fur seals taken both in the Bering Sea and on the
islands therein, from about the 10th of August until ;
the end of October, are what is known to the trade as ,,Stsey skins at
stagey, meaning the animal is changing its coat, dur-
ing which period its skin is very inferior in quality; in fact, almost un-
merchantable.

Experience.

Cus. J. BEHLOW.

Subscribed and sworn to before me this 18th day of November, A. D.
1892.
[SEAL. ] CLEMENT BENNETT,
: Notary Public.

358 TESTIMONY

Deposition of Charles J. Behlow, furrier,

STATE OF CALIFORNIA,
City and county of San Francisco, ss:

Charles J. Behlow, being duly sworn, deposes and says:
J reside in San Francisco and am by occupation a fur merchant, and
have been thus engaged for the last thirty-five years,
handling during this time large quantities of fur-seai
skins from different localities. On the date hereinafter mentioned I
examined the following salted fur-seal skins with the following results:

y (1) August 15, 1892, 1,294 skins, ex-American
lagoons P* schooner Lvanhoe. .

Result: 206 male skins, 109 pup skins (sex doubt-

ful), 979 female skins (matured).

(2) August 11, 1892, 1,603 skins, ex-American schooner Sophie Suth-
erland.

Result: One large bull skin, 18 small bull skins, 212 male skins, 139
pup skins (sex doubtful), 1,233 female skins (matured).

(3) August 18, 1892, 1 335 skins, ex-American steam schooner Louis
Olsen.

Result: 187 male skins, 1 bull skin, 1 small bull skin, 75 pup skins
(sex doubtful), 1,066 female skins (matured).

(4) August 27, 1892, 2,069 skins, ex-American schooner San Diego.

Result: 2 large bull skins, 2 small bull skins, 324 male skins, 101
pup skins (sex doubtful), 1 640 female skins (matur ed).

(5) September 28, 1892, 59 skins, ex-schooner [ate and Ann.

Result: 12 male skins, 2 pup skins (sex doubtful), 45 female skins
(matured).

(6) November 7, 1892, 43 skins, ex Mary H. Thomas.

Result: 6 bull skins, 7 male skins, 5 pup skins, 25 female skins
(matured).

I believe that all of the female fur-seal skins above mentioned were
taken from cows heavy with pup. All sealskins above mentioned
belonged to the Russian herd of seals which have their rookeries on the
Commander Islands, and I am informed that many of them were taken
in the waters off the coast of Japan.

Experience.

Cus. J. BEHLOW.

Subscribed and sworn to before me this 23rd day of December, A. D.
1892.
CLEMENT BENNETT,
Notary Public.

Deposition of James B. Brown, longshoreman.

STATE OF CALIFORNIA,
City and county of San Francisco, ss:

James B. Brown, being duly sworn, deposes and says:
T am aresident of San Francisco, California, and am by occupation
alongshoreman. For twenty years I have each year
been ‘employed in the unloading of the sealskins re-_
ceived by the Alaska Commercial Company. Since 1876 I have been
foreman of thelongshoremen. Up to the timeand fora year or so after
I became foreman all the sealskins received were put into drays on be-
ee eae ingunloaded. Since 1879, however, all the sealskins
pcsian* were packed into casks on the wharf and then put into
drays as fastas the casks were headed. The sealskins

Experience.

-

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 359

were always in bundles and none were opened except a few which were
opened by the company’s officer to see what condition the skins were
in. I never sawmore than two skins in any bundle so ‘
opened, nor did I ever see a bundle I judged contained gee
more than two skins. If there had been more than two
skins in a bundle it would have at once been noticed because of the
size and shape of the bundle. If more than two skins had been placed
in a bundle it would have been more difficult to handle the cargo, and
it certainly could not have been handled as rapidly as it was by us.
As we brought the skins up from the hold a custom-house officer and
the first officer of the vessel tallied the number of skins before we put
them on the wharf. I also superintended the unload-
ing of all the furs received by the Alaska Commercial , Same with skins
Company, and among others the sealskins received from lands)
the Commander Islands. The bundlesreceived from the
latter were of much the same shape as. those from the Pribilof Islands.
Among those bundles which were opened I never saw one that con-
tained more than two skins, or a bundle I thought contained more than
that number. Thesame rule as to counting and packing in casks was
followed in relation to the skins from the Russian side as was followed
in relation to the Alaska skins.

JAS. B. BROWN.

Subscribed and sworn to before me this 16th day of November, A. D.
1892.
[SEAL.] CLEMENT BENNETT,
Notary Publie.

Deposition of William Healy Dall, scientist.

DISTRICT OF COLUMBIA,
City of Washington, ss:

Personally appeared before me William Healy Dall, of Washington
aforesaid, who, being duly sworn, deposes and says:

I learn that I have been quoted in the report of the British Bering
Sea Commissioners for the purpose of proving that co-
ition at sea is practiced by the seals. In connection
therewith I have to say that my statements as to copulation in the
water rest largely upon assumption. Young bachelor seals are seen to
chase females leaving the rookeries and to play with them in the water;
pairs of seals are seen engaged in a sort of struggle together and to re-
main caressing each other or apparently quiescent, sometimes for asmuch
as an hour. From such facts, which I myself with others observed and
reported, it was considered not unlikely that these seals were of oppo-
site sexes, and that they were engaged in copulation, and, in the
absence of definite information to the contrary at that time, I so stated
to Dr. Allen, who made use of the note on p. 100, Vol. I, of the Bulletin
of the Museum of Comparative Zoédlogy. But it would be dangerous
to rely upon these observations thus casually made, at a time when seal
life was not so well understood as now, to prove that coition in the wa-
ter is practiced. I never had an opportunity to assure myself that the
pairs of seals seen playing were of opposite sexes, or, if they were, that
their play was of a sexual nature, or if it was, that the act was com-
plete and effective. There does not seem to be any way in which any
one of these matters can be definitely proved. Even if they were shown
to be possible and to occur at times, the general belief in it by casual
observers at one time, myself among the number, was always, as far as

Coition in the sea.

360 TESTIMONY

I know, coupled with the opinion that it was an exceptional and abnor-
mal occurrence.
Allusion having been made to the absence of excrementitious matter
z upon the breeding grounds, I may observe that the
ixerement on : c
rookeries. excrement of the seal being of a liquid nature and
never solid as in allied terrestrial animals it sinks into
the ground or is otherwise dissipated by the seals themselves passing
over it, but its existence and in enormous quantities is evident to the
most casual observer, if by no other means, from the intense ammo-
niacal odor which may be perceived at a long distance, and which
renders a stay in the vicinity of the rookery most uncomfortable and
offensive for any one having a delicate sense of smell. I have on many
occasions observed personally the voiding of excrement upon the breed-
ing grounds, and it seems impossible that any one should be in their
vicinity for ten minutes without detecting the presence in great abun-
dance of excrementitious matter, which is mingled with and forms part
of the soil.

; Wy. H. DALL.
Subscribed and sworn to this 14th day of Decr., 1892.
[SEAL. ] SEVELLON A. BROWN,

Notary Public.

Deposition of M. C. Erskine, master mariner.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Captain M. C. Erskine, being duly sworn, deposes and says:
I have been in the employ of the Alaska Commercial Company since
the organization thereof, as captain of the supply
steamer of said company, which carried supplies to the
Pribilof Islands and other stations of the company in Alaska, and which
also brought down annually to San Francisco the fur-seal skins taken
on the Pribilof Islands by the said company as lessee thereof. From
1870 to 1875, inclusive, 1 was in command of the company’s steamer
Alexander, and since 1875 I have been in command of the company’s
steamer St. Paul. The Alexander was not large enough to bring down -
the full quota of one hundred thousand sealskins in one cargo, so that
it was at that time customary for me to bring down from forty to fifty
thousand skins to Unalaska, where they were transhipped by another
vessel to San Francisco; I then used to return to the Pribilof
Islands, take on the remaining skins, and proceed directly with
them to San Francisco; since 1875 I have with the St. Paul brought
down to San Francisco all the fur-seal skins taken on the Pribilof
_ Islands while the Alaska Commercial Company was
froeipment of skins Jessee thereof. All the seal-skins delivered to me on
the St. Paul from the Pribilof Islands were in bundles,
except now and then a few which were bundled on board of said vessel,
never more than two skins being placed in a bundle. When the bundles
and the few extra skins were placed in the lighter at the islands to be
taken on board of my vessel the Government officer always counted
them, and when they were hoisted on board the vessel they were again
counted as they came over the side by my first officer. On arriving at
San Francisco the vessel was unloaded at the wharf and the bundles
again counted by a custom-house officer as they were brought up from
the hold and also by an employé of the Alaska Commercial Company.
All the bundles were, since 1879, packed in casks at the wharf where

Experience.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 861

they were unloaded. Each cask was there headed, marked as to its
weight and the number of skins it contained (two skins being allowed to
each bundle), and then taken directly to the railroad station and shipped
to London.

On the arrival of my vessel at the port of San Francisco several
bundles of skins were regularly opened to inspect the
manner in which they were packed. I never saw more ,,;Never over, Ww?
than two skins in a bundle, nor do I believe that it
would be possible to put more than two skins in a bundle in such a
manner that the fact would not be evident to the most casual observer.
I never saw a bundle among almost two millions such, which my vessel
has carried, which I believe contained more than two skins. I have in
a few cases seen only one large skin in a bundle, but this was in all
cases done by the natives, who were paid so much for each bundle which
they tied up, and thus increased their pay slightly. None of the bun-
dles were ever opened on board ship, except in a few instances a bundle
becoming loose it became necessary to rebundle them, but all the bun-
dles so opened contained only two skins, and only two skins were put
in a bundle when they were again tied up.

Prior to 1876 all skins were either transferred to another vessel in
the harbor of Unalaska, landed at said port or at San ___,, ns

° f C ransfer of skins
Francisco. Since that time all my cargo of fur-seal from company’s
skins have been landed at the wharf in San Francisco, see"
and in all cases such transfer or landing was made under the supervi-
sion and direction of a United States custom-house officer. No sealskin
was ever transfefred to any other vessel from my vessel anywhere, ex-
cepting in the port of Unalaska, as aforesaid. No seal-skin was ever
landed at any other point or points than Unalaska and San Francisco,
as above stated; and all sealskins ever transferred or landed from my
vessel were so transferred or landed under the direct supervision of
the customs authorities of the United States.

I would further state that never during any one year of the period
from 1870 to 1889, inclusive, did I, to my knowledge or i.
nee ° . “1° umber of skins
belief, bring away from said Pribilof Islands over one brought away from
hundred thousand fur-seal skins, and in some years the ‘s!2"4s.
quota was short several thousands of reaching said number.

M. C. ERSKINE.

Subscribed and sworn to before me this 15th day of November, A.
D. 1892.
[SEAL. | CLEMENT BENNETT,
Notary Public.

Deposition of Walter H. Ferguson, master mariner.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Captain Walter H. Ferguson, of San Francisco, being duly sworn,
deposes and says:

I have followed the sea as a profession for twenty years
and have been master of a vessel for seven years. I have
made two voyages to Alaskan waters, one on the Russian and one on
the American side. For the last six years I have made a careful study
as to the location of the wiitter resort of the Alaskan fur-
seal herd, my object being to fit out a vessel and make a 4,0 intarresort of
catch of seal during the winter months. In order to lo- '
cate the winter resort during these six years I examined several logs

Experience.

362 TESTIMONY

of ships on voyages from Japan and China to the northwest coast of
America, and also received information from others in San Francisco
and New York who questioned masters coming over the same route.
I further studied the charts of the North Pacific Ocean as to currents,
winds, etc., and read all the books and articles which had any bearing
on the question and to which I had access.

All reports tend to show there must be an immense feeding-ground
between latitude 40° and 42° north, and extending from longitude 172°
west to 135° west. All vessels reported at different places in this area
discolored water with the appearance of shoalwater, but upon sounding
no bottom has been found except at a great depth. The reports of these
vessels all show for the months of November, December, and January
large bodies of fur-seal in this locality. I, myself, passed over this area
in the latter part of August, 1891, in the brigantine Tahiti, and found
at various points from 172° west to 162° west on the 41st parallel the
appearance of discolored water; sounding, I could obtain no bottom at
200 fathoms; the appearance of the water being of a very light color, I
am convinced that these patches of discoloration are banks of floating
feed, which, from my examination of the currents in that section, are
kept in that portion of the ocean by branches of the ocean currents.
At the time I passed through these waters there were no seals in sight,
it being too early in the season; but I found at various points large
flocks of sandpipers, kingfishers, and other birds; this is further evi.
dence of the presence of feed in this locality, or of small surface fish.

My opinion is that, on leaving the Bering Sea, the Alaskan herd pro-
ceeds due south until it reaches this feeding ground, and then by de-
grees works eastward, following along this area until they begin to ap-
pear again off the coast of North America in January and February.

The only reason I have not fitted out a vessel to seal in these waters
is that other business has each year prevented me; but I am certain
that if I had been able to embark in such an enterprise I should have
made a good haul of seals during the winter months.

In the latter part of April, 1884, I was on the whaler Caleb Eaton,
bound from Honolulu for the Arctic Ocean, about 200 miles south of
the Amukta Pass. In this locality we met quite anumber of large fur-
seals, having the appearance of bulls, which appeared to be travelling
to the northward. My cpinion is they had been in this feeding ground
I have mentioned, wintered there, and were returning to their home on
the breeding islands. W. H. FERGUSON.

Subscribed and sworn to before me this 18th day of November, A.
D. 1892.
[SEAL.] CLEMENT .BENNETT,
Notary Public.

Deposition of Nicholas A. Grebnitzki,* Russian military chief of the Com-
mander Islands.

I, Nicholas A. Grebnitzki, Russian military chief of the Commander
Islands district with the rank of Colonel, make the following state-
ment:

I have been residing on the Commander Islands and have directed
all sealing operations there for the last fifteen years,

Sa and during this whole period have been absent from

*No written-evidence having been produced in the report of the British Commis-
sioners in support of the various views attributed to Mr. Grebnitzki, the United
States have deemed it desirable to obtain from that official a written expression of
his views upon seal life in general.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 563

the islands but very little. I have carefully observed seal life, the con--
dition of the rookeries, and the method of taking seals at all seasons
and under all conditions, with the object of keeping the Russian Gov-
ernment thoroughly informed as to its sealing interests and the proper
management of the same.

While I have never had the opportunity to examine the Pribilof
Islands seals, yet I do not hesitate to express the opinion
that that herd and the Commander Island herd are , No mingling of seal
distinct and do not mingle at all. There are some ;
natives on the islands who are familiar with both, and who state that
there is a marked difference in the animals. Besides, my studies as a
naturalist enable me to state that it would be contrary to all reason to
suppose that they mingle with one another. The Commander herd
approaches very closely to the Robben Island herd in winter, and yet
it does not mingle withit. Of this I am sure, for I have charge of Rob-
ben Island as well as of the Commander Islands, and know the skins of
the two herds to be different. The skin of the Commander seal is
thicker, has coarser hair, isof a lighter color, and weighs about 20 per
cent more than a Robben skin of the same size.

It is wholly improbable that the seals of the Commander herd visit
any land other than the Commander Islands. Ibelieve |, ee
they regard these as their home, these islands being pe- sively to own breed.
culiarly adapted to their needs at the period of bringing i Places.
forth their young and of breeding. The fact that the Robben Island herd
still frequents Robben Island to the exclusion of any other land, not-
withstanding it has been subjected there to the utmost persecution,
shows to my mind conclusively that the presence of man will not pre-
vent a seal herd from returning to the same land year after year. Even
if isolated cases have occurred (I know of none) in which, for various
causes, a few of the Commander Island seals reached other shores, such
exceptions would not disprove the general rule above stated. I can
readily understand that a female which had been wounded in the water
might be subject (sic) to seek the nearest land and there give birth to
her pup.

Annually, at almost stated periods, they arrive at the islands and im-
mediately proceed to occupy the same grounds which
have been occupied during past years in a way which Annual arrival of
makes it impossible to doubt that they are familiar
with the locality. I believe that at some time during the year every
seal comes ashore. There is no reason to believe that a certain num-
ber of any class remain swimming about in the neighborhood of the
islands all summer without landing, although there is considerable dif-
ference in the time at which different classes arrive.

Soon after landing at the Commander Islands those cows which were
fertilized the year previous give birth to their young.
A cow does not, except in very rare instances, give
birth to more than one pup inaseason. The birth of pups can only take
place on shore. Cows never arrive at the islands with new-born pups.
But the impossibility of birth in the water is best proved by the fact
that the pup when first born is purely a land animal in all its habits.
It does not voluntarily approach the water till it is
several weeks old, and then it is obliged to learn to
swim. A surf will sometimes wash the young pups off the rocks, when
they are sure to be drowned. The pups cannot swim at birth, but
must be taught by their mothers. A pup would drown if thrown into
the sea before learning to swim.

Birth of young.

Swimming of pups.

364 TESTIMONY

Copulation in the water I believe to be impossible, for the act is vio-
Pelagic copulation lent, of long duration, and in general character similar
impossible. to that performed by land animals.

I believe that the seals leave the vicinity of the islands mainly on
account of the severity of the winter. Of course I do
not mean to say that they would remain on shore all
the year round, as many of them do throughout the
whole of the summer, for they would be obliged to take to the water to
obtain food. WhatImean isthat they would not go so far away as they
now do, but would remain around the islands and thus give additional
proof of the unquestionable fact that they regard them as their home.
I base this statement upon the fact that during mild winters I have
myself seen them in large numbers off the Commander Islands. They
are often reported about 50 miles south of the westernmost of the Aleu-
tian Islands and the Kamchatka coast. This would be in accord with
the habits of the seals of the southern hemisphere, which, I am informed,
are found in the same locality more or less at all seasons. The seals
generally leave the Commander Islands by the middle of November, by
which time it has become cold and stormy; but in mild winters they
have been on the islands as late as December.

I do not think that fur-seals should be classed with wild animals any

more than sheep or cattle when out on large pastur-
macs and wild ani; ing grounds. Seals, unless needlessly frightened, be-
a come more or less accustomed to the sight of man
amongst them on the rookeries, and while on land are at all times un-
der his complete control. A few men can drive a large number of them
without difficulty. They are intelligent to a very high degree, and can
be made to become in a short time pets. The breeding males, or bulls,
are alone aggressive.

Seals are polygamous, and the powers of fertilization of the male are

cpelveldissktooney. great. Since the births are about equally dis-

hence excessofmales. tributed between males and females it follows that

under natural conditions there would be a great excess

of male life over that actually needed for the propagation of the spe-

cies; and it is, aS in the case of so many other animals, for the positive

ia benefit of the herd as a whole that a portion of this ex-

malo ayexcess of cess of male life be killed off before it is of sufficient

. age to go on the rookeries. If not killed off the com-

petition by the bulls upon the rookeries for females would be destruct-
ive of much life. This competition is already fierce enough.

During some of the years prior to the time of my arrivalon the islands

there had been considerable indiscriminate killing of
_ Increase followed Seals without regard to age or sex. But during the fif-
ae stcthode, “= teen years of my management of the Commander Is-

lands rookeries all seals which have been killed consti-
tuted a portion of the excess of males above referred to and known as
“bachelors” or “ holluschickie.” This is why the rookeries are to-day
in amuch better condition than when I first went to the Commander
Islands, notwithstanding that until the year 1891 a gradually increas-
ing number of largeskins has been taken. From 1886 to 1890 the aver-
age annual catch was about 50,000, the skins all being large. The last

two years I have reduced the catches, because I now
agclagic sealing com. think 50,000 skins somewhatin excess of what the rook-
GabchAe a eries can yield and for other causes which I will men-

tion later. I feel very sure that the great cause of this
diminution is pelagic sealing.

Departure of seals—
cause therefor.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 365

This year I have counted over 3,500 skins seized on poaching ves-

sels and have found 96 per cent to be skins of females. , .,.,,
: 5 , siatic pelagic
These were skins taken from Commander [sland seals. catch 96 per cent fe-

As to skins taken near Pribilof Island, I counted the ™*-
skins seized in the Rosa Olsen and found two-thirds (2) of them were
skins of females. These were taken, as the log book of the Rosa Olsen
shows, over 80 miles from shore.

I consider it a false argument to say that the killing of a proper por-
tion ot the excess of male life is bad, merely because it
is an interference with the order of nature. If not in- ,,Niling excess of

: 5 3 ageous.
terfered with nature will produce an overpopulation of
the rookeries, which would, of course, be a bad thing. By the present
mode of killing a certain number of young males population is regu-
lated. No facts can be brought forward to show that this method is
not the right one. Past experience shows that it is right.

The method is not proved to be bad by showing that during some
years too many males may have been killed, and that
the rookeries have thereby suffered. When such mis- ;,0nU70) guly possi:
takes have been made they can be corrected by reduc-
ing the number of males to be killed for a tew years; for the most
absolute control can be exercised over the herd while it is on land.
I claim that the method now pursued, when executed
under proper regulations, is in theory and practice yea pertect
the only one by which sealing can be carried on com-
mercially without injuring the vitality of the herd and its ability to
maintain its numbers at the proper limit. It does not cause the seals
to change their habits in any way, and Ido not believe |
that even an excessive killing of young males on the gcedinseby
islands would have the effect of altering the habits of
the female seals with regard to landing, and cause them to remain
about the islands stead of coming on shore.

Cows, except, perhaps, in rare cases of accident or for scientific pur-
poses, are never allowed to be killed on the islands,
and the reason for this is that all cows are needed for
breeding purposes. To kill, therefore, any cow except
a barren one (and there are few barren ones except amongst the very
old cows) inflicts a much greater injury on the herd than the loss of a
single life. It is not true that because it is proper to kill a certain
number of males it is also proper to kill a certain number of females.
But assuming that it might at some time become desirable to kill some
females, it would still be wholly improper to kill them without regard
to size or condition, as is the case when they are killed in the water.

There is at the present time upon the Commander Islands an abun-
dance of male life for breeding purposes, and thereisno — yi.6 males abun-
fear that any female will not be served from lack of dant.
virile males. On the other hand it is undoubtedly true — pematesaiminished
that there were in 1892 relatively fewer females than by pelagic killing and
in former years, and I attribute this to two causes, ™*
first, to killing of seals in the water, and, second, raids upon the Islands.
The first of these causes is by far the more important.

The raids have, owing to the great amount of foggy weather, taken
place to a certain extent notwithstanding the greatest precautions to
guard against them. The raiders kill males, females, and pups with-
out discrimination. But however injuriously the raids have affected
the rookeries, still they are of much less importance than the killing of

Cows not killed on
land.

366 TESTIMONY

ase .,;,, Commander Island seals-in the water. During the past
gic killing : A 7
threatens extinction two Summers, and especially during the last one, this
ohio killing in the water has become so great that if allowed

to continue in future years the herd will be in danger
of ultimate extinction.

Ido not know exactly how wasteful this method may be from the

fact that all the animals wounded or killed are not

weaagie, Killing captured, though I am told that much loss occurs in

that way and I know that under certain conditions a

Sinking. seal shot dead will sink at once. Icanstate positively,

however, from actual experience and personal examina-

Palvettcatk te eee tion, that a vast proportion, fully ninety-six per cent, of

cent females. > the skins taken by this method during the present year

are those of female animals. Im addition a certain

number of the skins so taken are those of very young seals, probably of
both sexes, such as are never killed on land.

Very few of the females killed are barren, no matter when or where

Few barren cows eleyare killed. Iemales taken early in the season are
killed. generally heavy with young, in which condition they
Two deaths for travel slowly as compared with the other seals. The
every bearing female killing of such a female involves, of course, the imme-
: diate loss of two lives. But even when the female is
taken after she has been on shore and given birth to her young, this
same result follows eventually, for a seal will suckle
own ap -°™'Y only her own pup, and the pups are for the first three
to five months dependent altogether on their mothers
for food. Consequently when the mothers, who after the birth of their
pups leave the rookeries in search of food (traveling sometimes con-
siderable distances, I do not know exactly how far), fail to return their
pups must necessarily die. /

There are always a few dead pups to be found on the rookeries whose
death is not due to that of their mothers; but during
the last year or two a greater number of dead pups have
been actually noticed than heretofore and have attracted the attention
of all persons on the islands who are at all familiar with seal life. It
can not be successfully contended that they all died of natural causes.
There is no disease among the Commander Island seals; and while a
certain number of young pups are always exposed to the danger of
being crushed to death (but not as a result of the drives which are
made to collect seals for killing), or of being drowned by the surf, yet
these causes of death will not account for the greater mortality of pups
which took place during the past summer. Besides, the bodies of the
dead pups I refer to are those of starved animals, being greatly ema-
ciated.

It is chiefly during the next few years that the effects of the recent

_ killing of females will become most noticeable, because
kilns P°#8'° many of the pups which in those years would have be-
come bachelors, or ‘holluschickie,” have never been

born, or died soon after birth.

With regard to the driving of the seals from the beaches to the places
of slaughter, while it does not benefit them, yet I believe
that there are very few cases in which it does them any
harm, even if they are redriven. Iam sure it does not render them
impotent. It should be remembered that, unlike the hair seals, they
are fairly adapted to movement on Jand, as is proved by the fact that
they are in some cases actually driven considerable distances over
ground that is both rough and steep.

Dead pups increased.

Driving.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 367

Since the killing of seals in the water is wasteful and in every sense
contrary to the laws of nature (which require that spe- Bina
cial protection be afforded to the females and young of ,.aferwesod, Pos?
all animals), I am of the opinion that it should be en-
tirely forbidden. If it is only partly suppressed or prohibited within
a certain distance from the islands the evil would not be cured, although
its effects might be less noticeable; for the killing of females, many of
them heavy with young, would necessarily continue, since all expe-
rience shows that female animals always constitute the chief catch of
the open-sea sealer.

. NICHOLAS A. GREBNITZKI,
District Chief of the Commander Islands,
District St. Petersburgh.
26 November-8 December, 1892.

UNITED STATES CONSULATE-GENERAL,
St. Petersburgh, December 8, 1892.

I, J. M. Crawford, consul-general of the United States at St. Peters-
burgh, do hereby certify that Nichola A. Grebnitzki, military chief of
of the Commander Islands, appeared before me this day and declared,
under oath, that all the statements contained in the foregoing article,
consisting of twenty-five (25) pages, are, to the best of his knowledge
and belief, strictly true, including the substitution of the word ‘ males”
for “ seals,” on page 14, line 18; the substitution of the word “males”
for “seals” on page 16, line 16; the substitution of the word “ males”
for ‘‘ seals,” on page 17, line 8; the omission of the word “ to” on page
19, line 18, and the addition of the words “considerable. distances ” to
line 6 of page 24.

[SEAL. | J.M. CRAWFORD, .

U. S. Consul-General.

December 8, 1892.

Deposition of Max Heilbronner, Secretary of the Alaska Commercial
Company.
STATE OF CALIFORNIA,
City and county of San Francisco, ss:

Max Heilbronner, being duly sworn, deposes and says: Iam a resident
of San Francisco, California, and am secretary of the
Alaska Commercial Company, which position I have
held since 1882, prior to which time I acted as Assistant Secretary for
said Company. Iam thoroughly familiar with the books of said Com-
pany and the methods employed in counting the sealskins received by
said Company from the Pribilof Islands during the term of the lease of
_ said islands to said Company.

I hereto append a comparative statement of the various counts of fur-
seal skins taken on the Pribilof Islands by said Com- 4
pany for each year from 1870 to 1889, inclusive, as the ,oomparative late:
Same appears on the books of said Company; thecolumn pene tron 10
entitled “Island Count,” represents thenumber of skins j
appearing in the invoice made out by the Company’s Superintendent on
the Pribilof Islands and delivered to us on the arrival of the vessel
transporting the skins to San Francisco; it gives the count of each
Season’s catch as made by the Government officials and Company’s
agents on the Pribilof Island; the second column entitled ‘ Inspector’s
Count” represents the number of skins reported to the Collector of Cus-
toms of the United States by the Inspectors of Customs who counted

Experience.

368 TESTIMONY

the skins as they were unloaded from the vessel at the wharf in San
Francisco; duplicates of said reports being given to the Alaska Com-
mercial Company; the third column entitled ‘“ Packing Count” repre-
sents the number of skins reported by the employés of said Company
as the same were counted when being packed in casks for shipment to
London; and the fourth column entitled ‘‘London Sales” represents
the number of skins, as counted by C. M. Lampson & Company and so
accounted to us after the sale and delivery of the same for said Alaska
Commercial Company; all reference herein made to skins refer to the
fur-seal skins taken on the Pribilof Islands under the lease of said
Islands to the Alaska Commercial Company.
And deponent further says:
That the seals killed between August Ist and the first to the tenth day
: _ _ of June following were for food; that the skins of such
fo ning Of seals killed Seals killed which were received were counted in the
quota for the year following said first day of August;
that is, the fiscal year of the Alaska Osmmercial Company for sealing
began on or about the first day of Augustin each and every year of their
lease of the Pribilof Islands, and the column entitled ‘Island Count”
therefore represents the skins received during such fiscal year and
shipped from said Islands; that the tables of seal killings attached to my
affidavits dated, respectively, May 11 and May 12, 1892, represent the
number of seals killed and received by said Company during each calen-
dar year from 1871 to 1889, inclusive; that the 3,448 skins put down in
the ‘Island Count” for the year 1870 do not appear in the aforesaid
tables, as they were taken before the commencement of the actual work-
ings of the lease of the Pribilof Islands to the said Alaska Commercial
Company.

Comparative statement of different counts of Alaska sealskins from 1870 to 1889, inclusive.

Island |Inspectors’| Packing London

Year. count. count. count. sales. Remarks.
AS70ler as tee 3, 448 3, 448 3, 480 3,474 ;
VOT Seoaewoe 100, 000 99, 841 101, 316 101, 425 | 101,425 includes skins retained from
previous years.
1872 cc eeee 100, 000 99, 975 96, 099 96, 280 | 3,906 skins retained and sold in 1873.
7 99, 937 99, 744 108, 755 103, 724 Includes above noted 3,906 skins.
99, 924 99, 998 100, 015 99, 991
99, 956 99, 976 100, 140 100, 134
90, 000 89, 964 90, 283 90, 271
75, 526 75, 526 75, 419 75, 410
vemees 99, 964 | 99, 980 99, 998 100, 037 .
TRO lS a= aere 100, 000 | 99, 962 99, 960 100, 036
1880)-2.e)e5 100, 000 100, 036 100, 162 100, 161
ib} i Seer 99,915 99, 766 99, 754 99, 921
PBR icrwecc sis « 100, 000 99, 922 99, 986 100, 099
Ute De ae 75, 000 75, 000 75, 076 75, 061
US! Seer 99, 962 99, 960 99, 942 99, 993
88S) 22 seS555 99, 996 99, 850 99, 990 99, 924
ESS ee. s mi 99, 980 99, 982 99, 872 99, 947
ASST cece. 100, 000 99, 954 99, 877 99, 950
TSSB eatosn se 100, 000 100, 012 100, 020 100, 037
BOSD aris os 100, 000 | 100, 000 100, 002 100, 031
6, aes | cosets. Mat e45 cre)! 58459900) |
Beets aiarate sinc |: PER Sry 1, 400 | 1, 400 1, 400 | Skins accounted for in 1871.

1, 843, 608 | | 1; ~ 1,812, 896 60 1, 843, 716 [18 ie 844, 506- 506-

MAx HEILBRONNER.

Subscribed and sworn to before me this 18th day of November, A. D.
1892.
[SEAL.] CLEMENT BENNETT,
Notary Public.

i as s Palsy
i, : eee aM
Peas 4 ty mhiariag GS
uy ‘ } ¥
y a | ee Sy patel
is tae &

ap
bs

i
"ON

Eas Mal ees

oie. toa

/ ;
| Comparative statem :

ae Seen See eee |
middlings. Middlings.

Catch as} Aver- | Average

Year. |perC.H.| age | price in

receipts, |weight./ London.'ght.| Price. | Pieces.| Wght. | Pric

lbs. oz. b. 0Z. Ibs. oz

ey ee ear ee =H ts eal 5/78

Bealls Sac 99,998 | 9 vy 55/2 7| 7—| 1,469| 16 3| 50/4
ns 1. 2 A ae 1,119] 1310] 69/4

1875...... 100,032 | 8% 43/6 | any Sith ol) tate ead 57/-
sgarq 18 1| 51,—| 1,563] 11 4| 59/4

1876...... 89,964] 8 a5 TEE pe 974| 11 7| 50/4
| oe aoe 1,038} 1111 | 49/2

taal a 36 /— BIA bara hE 1,587 | 11 14 | 54/-
#43/__|------|-------- 535] 12 3| 73/4

Se SLL 622| 12 4| 87/4

1878...... 98, 980 SA aaa ee 396 | 12 14 | 106/23
Pei beara 96 | 12 10 | 118/-

1879...... 99, 962 $95 /—_|--+-==|-=- ‘Ge 1,738 | 12 144] 116/
637 eres 6 eee 340 | 17 5 | 125/

es 100, 036 poem Side Los 2,036 | 13 64! 113/
oy ae een Rae 379 | 13 10 | 116/

Sa 99, 766 “70/6 | catalan 3,277 | 13 14| 92/9
Mee Sood coca 500 14 94/°

TO 99, 922 Wey ob «= -2Eel pees 902 | 12 11 | 104/1
seiet-- 2th el-eeeoe 557 | 13 9 | 100/%

get LCM eager putt) I i ae ero | 1115] 87/3
ieee dl Mae oe 137 | 12 9| 70/

1884...__. (999 5049 4 228.7) ei (eee = 9 ort sein a oe ae eal ee ed
atiah dle 1,316 | 1415| 67/)

19 8| 65/ 495 | 15 —| 73/4

sae 99,992 | 107 60/1 re A eaten 30| 14 9] 68/
1886...... ee 18 10! 66/6 | 1,132] 15 5| 67/
1887... AG 19 Jos oe =n 696 | 14 4| 68/
aap. A to ca NS ee eee ae ae 179 | 15 —| 8a/|
° 1889... ope G00 2. yee Ais eeeahaa ~~ SSeS tame 222 | 1415] 82/1

an asterisk] in the column of ‘‘Averi

percentages and based on the foregoil

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 369

Deposition of Max Heilbronner, secretary of the Alaska Commercial
Company.

I, Max Heilbronner, secretary of the Alaska Commercial Company,
solemnly swear that the foregoing ‘‘Comparative statement of assort-
ment, weights, and prices realized on Alaska sealskins 1874 to 1889,”
was compiled and formulated by me from the records of the Alaska
Commercial Company now in my custody, and is correct and true, ac-
cording to my best knowledge and belief.

MAx HBILBRONNER,
Sec’y of Alaska Commercial Co.

Subscribed and sworn to before me, at San Francisco, this 4th day of
May, A. D. 1892,
[SEAL. | CLEMENT BENNETT,
Notary Public.

Deposition of N. Hodgson, sealer.

Personally appeared before me N. Hodgson, who deposes and says:

I am twenty-four years old. I am a native of Ontario, Canada, and
at present a resident of Port Townsend, Washington.
Iam a seal hunter by occupation and have made five
sealing voyages to the North Pacific Ocean and Bering Sea. I have
handled a great many sealskins and can upon examination of the pelt
- distinguish the sex of the animal, except in the case of animals under
two years of age; these can not always be distinguished. I examined
carefully this day four hundred and twenty sealskins sy
on board the British sealing schooner Henrietta, which ,, Composition Hen-
skins, according to log and sealing book of said vessel
were taken in Bering Sea during the month of August, 1892, and find to
the best of my knowledge and belief the proportion of the sexes to be
as follows: Females, three hundred and sixty-one; males, thirty-three;
young, the sex of which could not be distinguished, twenty-six.

: N. Hopeson.

Subscribed and sworn to before me at Sitka, Alaska, this 21st day ot
September, 1892.
[SEAL. | C. L. Hooper,
Notary Public, District of Alaska, °

Experience.

Deposition of C. L. Hooper, captain, United States Revenue Marine.

DISTRICT OF COLUMBIA,
City of Washington, ss.:

Personally appeared before me C. L. Hooper, who deposes and says:

From the investigations concerning seal life at sea, personally con-
ducted by me, in the North Pacific during the months of March, April,
May, and June; in Bering Sea during the month of

KK : * 7 Tein] > Draws conclusions

August and part of September; in the vicinity of the hchain aise eaten)
Aleutian Chain during the month of October and part
of November, as well as from the experience obtained in six other

12364—24

Catch as| Aver- | Average
per C. H.

receipts,

99,998 | 9 wl

100, 032

98, 980

99, 962

100, 036

99, 766

99, 922

75, 076

99, 942

99, 992

99, 872
99, 940 |
100, 000

100, 000

Comparative statement of assortment, weight, and prices

realized on Alaska sealskins, 1874 to 1889.

Middlg. pups.

[Nore.—Twelve additional columns showing percentages and based on the foregoing tables have been omitted for the sake of brevity.]

12364——To face page 369,

Ex. I’'ge middlings. Middlings. Large pups. Small pups. Middlings and smalls. Damaged skins.
Weht. Weght. | Price. Pieces.| Wght. | Price. Weht.| Price. | Pieces.| Wght. | Price, | Pieces.) Wght.| Price. Weght.| Price.| Low. | Cut. Pinks.
bs. oz. bs. oz Ibs. oz lbs. oz Ws. oz.
eee 5/79 13, 877 |--------| 57/7 ----2---| 50/1 | 11,259 |--------] 38/ 6,492 |.....-..| 55/8 4; BOB) 91880) cence cceas
16 3] 59/4 8,904 8 7] 63/9 7 5| 56/—; 9,418 6 41/4 2,875 | 1114) 67/11 SSR he ay BAR | cceeey axa cores
1310 | 69/4 13, 799 711} 61/— 612] 51/8 | 15,968 511} 43/2 2,691} 1110) 73/3 2,975 | 2,175 82
aaa = 57/— 9,018 |a-..--.| 45/4 Vaeewnns||) B57) PG 500) ea aaa=--|/ 28/0 MIMBO | on =| 64/10 Tey Gian Wet) | Meee Se
ll 4} 53/8 13,298 | 7 8| 37/5 6 9] 32/1 | 11,911) 510) 25/10} 1,146] 911) 51/9 2,674 | 2,846 |..............
Or as ll 7} 50/— 9,198} 97 8} 35/1 6 5| 29/11] 9,025| 5 9| 26/7 | 1,647| 910] 48/2 1,792 | 2,688 167
Sane lli| 49/2 9,451} 7 3] 33/10 6 5| 28/11] 2,810) 510) 27/1 | 3,949) 911] 48/5 DUET ollie fae by al Pee See
Leaae oe 114 { 54/— 10,822! 7 5| 41/8 6 7| 38/—| 6,538| 5 8| 34/9 | 4,593] 913]. 57/9 1,949 HOM cae ee
2 oi Ree: 12 3.| 73/7 20,479 | 7 74} 70/8 6 74| 66/8 | 12,544] 512] 56/11; 5,252] 914} 83/10 O°2dai | RBA ceva easaaeny
ae es 12 4] 87/3 5,551| 710) 79/9 6 9| 72/—| 7,130| 513 56/4 | 2,027] 10 7| 89/3 1,090 443 208
ae 12 14 | 106/2 18,767| 7 9| 87/2 6 124) 80/4 | 14,744] 515 { 65/8 | 4,623) 10 4) 109/1 1,044 | 1,945 |.---------.---
veeeeee 12 10 | 118/— 5,218} 711} 93/7 6 4| 83/10] 7,737; 6—| 69/7 | 1,240] 10 5 | 119/2 769 Cl Pee ereeere ed Weare as
Peeoans 12 144] 116/10 16,396 | 7 1234] 93/9 6 123! 88/8 | 16,543 | 5133) 74/7 | 10,783] 10 6 | 114/11 2 ACU BUF ee ce naa nacuns|aceeas serene
seeeeeee 17 5 | 125/— 4,484] 710| 85/10 614 | 80/9 3,632 | 515| 66/5 | 2,340| 10 7] 98/8 721 Nien an aden
Eps ee 13 63) 113/5 15,970} 711] 89/8 614| 83/3 | 22,139] 514| 61/9 | 5,577} 10 8 | 110/9 4,740 | 2,469 10
ea ae 13 10 | 116/11 3,922} 7138} 80/— 615| 65/5 | 5,682| 514] 50/5 | 1,490| 10 10 | 111/ recceced| 6h) 696 190
Sagat < 13 14 | 92/9 14,688 | 714] 66/7 6 154; 46/6 | 20,510} 6 2) 35/9 | 5,300| 11 154) 85/5 8,757 | 2,047 748
14 94/9 4,065| 714) 71/6 614| 47/1 | 5,252} 6 2| 36/—| 1,411] 11 4] 92/8 966 645 1,721
12 11 | 104/10 14,147} 7 8| 95/2 6 83] 79/1 | 13,379 | 5 14%) 66/5 | 2,223] 10 7 | 112/3 2,135 550 1,937
13 9 | 100/7 3,778| 7 8| 96/3 6 9| 70/3 | 2,432} 515] 61/8 | 1,104] 10 7 | 115/11 598 250 692
1115] 87/3 15,917| 7 5} 71/6 6 6| 52/1 | 21,693) 511| 44/6 | 1,794| lo 2] 106/10 3,586 | 1,095 11, 493
peeremes 12 9| 70/ 1,075 | 7 8] 61/2 6 8| 46/6 | 1,268| 514} 40/2 172 |. 10 9 | 103/— 71 DA enna ea dectest | eee eee
| as eae a ee 2 a ge Be 5,852} 7 8| .45/8 6 8| 35/2 | 6,004| 513] 28/7 282 | 10 8| 57/— 729 468 23, 091
ey ere 14.15 | 67/ 27,154| 8 3] 55/ 7 1] 51/6 | 9,392] 6 6| 50/6 ; 4,094] 12 3| 78/— 2,910 348 171
19 8 15 — | 73/6 7,113 8 9] 60/ 7 6| 55/1 1,084} 6 7] 50/3 |-1,196| 12—j; 79/—| 205} 5 10|---..--- 1,398 108 38
Tei? 14 9| 68/ 5,000} 8 69/6 615| 67/—| 3,514) 6—J| 64/— 645 | 1115] 81/— 60 60 8, 400
18 10, 15 5| 67/ 21,696} 8 1] 73/ 7 68/— | 11,306] 6 2] 67/6 | 4,099| 12 2) 82/— 916 | 1,028 777 | 52 females
19 3 14 4| 68/6 23,138 | 8 4] 67/3 613] 51/3 | 24,826) 6 43/6 | 2,254 | 1114] 82/— | 1,148] 2,277 1,398
aaa 16 — | 38/7— 18, 302 | 8 3] 89/10 7 1| 75/4 | 29,242) 6 2) 63/10| 2,313 | 12 6) 118/5 2,503 | 3,750 igen ss
5 fore thesale.
tence ces|e seer eeelee eee eee 1415) 82/— 11, 082 | 83 87/— 7 1| 78/—} 38,811 | 6 1 61/— | 2,133 | 12 4] 86/6 5 : 5,716 3,813 977
|
| } —_

Novre.—The upper figures [those preceded by an asterisk] in the column of ‘‘Average price in London” are from preliminary telegraphic reports, while the lower ones represent, respectively, the actual average price as ascertained from account of sales.

+ a | ® a ns ee ,; _
76 Ra lak tan Mader hr alee
: fi >! ‘ | ‘* =
he ee ana ae Tere Lo \ = het ;
LG a My i> aan i. A vd iw r :

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(ae Me
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‘F' A,
-
a
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a'%
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é
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Ful
i<

+
oe
*

370 TESTIMONY

cruises in Alaskan waters and in Bering Sea, I draw the following con-
clusions:

There were fewer seals to be seen in the water in the vicinity of the
Pribilof Islands during the summer of 1892 than in 1891.

At least 75 per cent and probably 80 or 90 per cent of the seals in
Bering Sea, outside of a narrow zone around the seal islands, are fe-
males, 75 per cent of which are nursing mothers and the remaining 25
per cent virgin cows, too immature for bearing.

If barren cows exist at all they are rare. I have never known or
heard of but one instance.

In Bering Sea mothers go long distances, as far as 200 miles from the
islands, to feed, codfish furnishing the bulk of their food.

They sleep much in the water, are not timid, and arereadily taken;
and their death means the destruction of three lives—the mother, the
foetus, and the pup on the breeding grounds. The past season is the
first in several years that such deaths among the pups have not oc-
curred from this source.

At least 70 per cent and probably 80 or 90 per cent of any catch in
Bering Sea will be females, either actually bearing or capable of bear-
ing at no distant day. This is borne out by the character of the skins
of the Henrietta seized last summer for the violation of the modus vi-
vendi. The captain informed me that nearly all the skins taken were
_ those of male seals. Under my direction an examination was made of ,
these skins by N. Hodgson, a man of experience, in whom I have entire
confidence. The catch, as shown by the log and sealing book of this
vessel, was made in Bering Sea and consists of 420 skins, 361 of which
were found to be females, 33 males, and 26 those of seals too young to
determine the sex.

For every 100 seals, the death of which results from pelagic hunting,
not more than 65 or 75 skins are secured.

The female seals are widely distributed over the sea, and hence the
establishment of zonal areas would afford no protection, while the main-
tenance of such areas would be rendered impossible by climatic condi-
tions.

There is a wide belt of 200 or 300 miles between the Commander and
Pribilof groups of islands which are devoid of seals, and hence no com-
mingling of the herds occur.

There is no foundation for the statement that, during the summer
months, there are found in Bering Sea bodies of seals which are inde-

pendent of, unattached to, or do not visit the Pribilof islands.
~ “The annual migration is caused by climatic conditions and feed sup-
ply. |

The old bulls are the first to leave the islands, and most of them, to-
gether with many half bulls and large bachelors, remain in the waters
of Bering Sea and off the coast of Alaska during the entire winter, in-
dividuals rarely being found south of the 55th parallel.

The major part of the herd, consisting of females and their pups and
young males, begin to migrate about the end of October, and by Janu-
ary Ist all of them have begun their migration. These dates are some-
what earlier or later, according to the season.

Those that leave earliest go furthest South, arriving on the coast of
California, and those leaving later reach the coast further up. Their
arrival is coincident with the coming ot thesmelt, herring, and eulichan,
upon which they feed.

On reaching the coast their migration route is continually towards
the islands, but following the general trend of the coast, the inner

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 9371

limit being about twenty-five miles off shore and the outer limit from
75 to 100.

As this migration progresses, there is a bunching up of the herd, but
the seals travel independently and not in bands or schools.

The migration route is from the Pribilof Islands through the passes
across to the coast, up the coast and across the northern sweep of the
North Pacific to the Aleutian Chain, and through the passes again to
the islands.

There is no foundation in the statement that the Pribilof fur-seals
which migrate have a winter home off any coast. They appear at about
the same time off a long line of coast, reaching from California to Wash-
ington. When they are so found they are known always to be moving
northward up the coast.

The herd, by reason of hunting at sea, has steadily diminished, and
such hunting will ultimately destroy the herd unless prohibited in the
North Pacitic and Bering Sea, for, no matter how small the annual
catch may be, there is a possibility that the hunt will always be en-
couraged by the higher prices resulting from the decreased catch, as in
the case of the sea otter.

C. L. HOOPER.

Subscribed and sworn to before me this 13th day of December, 1892.
[SEAL.] SEVELLON A. BROWN,
Notary Public.

Deposition of H. H. McIntyre, superintendent of the Pribilof Islands,

DISTRICT OF COLUMBIA,
City of Washington, ss. .

H. H. McIntyre, of West Randolph, Vt., being duly sworn, deposes
and says:

I have stated in former depositions my connection with the sealeries
of Alaska and opportunities for knowledge concerning them.

When the breeding male seals first arrive upon the islands in the
spring they are much more timid and easily disturbed
than at a later period, and might perhaps be then
driven from their chosen places upon the rookeries, but at a later date,
when their relation to their neighbors are fairly established and the
cows begin to arrive, no amount of force will dislodge them, and they
will die in defense of their harems rather than desert them.

In June, 1872, I carried a photographer’s camera near the Reef Rook-
ery on St. Paul Island, and while tocusing the instrument with my head
under the black cloth, and the attention of my attendant was diverted,
two old bulls made a savage assault upon me, which I avoided by dod g-
ing and running. The camera was left where I had placed it and could
not be recovered until seal clubs had been sent for and one of the bulls
killed and the other knocked down and stunned. The throwing of stones
and noisy demonstrations had no effect whatever upon them. This ex-
perience only emphasized: what [have observed on many occasions upon
the islands. The female seals are more timid, and upon the near ap-
proach of man show signs of fear and generally nove towards the water,
but their flight is resisted by the bulls, and before impregnation they
rarely succeed in escaping. After this occurs the discipline of the ha-
rem is relaxed and the females go and come at will.

Stampedes of seals.

i ot TESTIMONY

I neither saw nor heard, in my twenty years’ experience as super-
intendent of the sealeries, of any destruction of pups by reasoa of
stampedes of seals. But I have occasionally witnessed the death of
pups from being trampled upon by the old bulls during their battles
for supremacy. ‘This is, however, of rare occurrence. Even if stam-
pedes occurred, the light bodies of the females, averaging only 80 or 90
pounds, would pass over a lot of pups without seriously injuring them.

Later in the season, after the old males have been superseded on the
rookeries by the younger ones, the pups are already able to avoid being
run over, and, as a matter of fact, the death of pups upon the rookeries
from any cause whatever prior to the advent of pelagic sealers in Bering
Sea was so rare as to occasion no comment.

It was not customary to drive from any points near enough to the
breeding rookeries to cause stampedes, and even if this had been done,
I do not think any injury to the rookeries would have been occasioned
by it. It might cause some of the cows to move away, but they would
soon return again.

It is very difficult to determine the average number of females prop-
erly assignable to a single male, and difficult even to
ascertain how many there are in any given family, be-
cause the boundaries of the groups are never well defined, and such as
would be said_by one observer to belong to a certain bull would be de-
clared by another to be in a differentharem. The surface of the ground
mainly occupied as breeding rookeries is very irregular. Harems some-
times run together. Ledges, bowlders, and lava rocks hinder the uni-
form mapping of the family groups, and itis not difficult, therefore, to se-
lect certain spots and count a number of female seals which appear to be
unattached to any male. Onthe other hand, there are often found full-
erown males upon the rookeries at all seasons with no families, and a
still larger number with from one to five females each. Such variations
have always occurred.

With our present knowledge of seal life, it is impossible to judge
with any degree of accuracy how many females may safely be referred
toa single male. But, by analogy, it is a very much larger number
than has frequently been named as a fair average. Horse-breeders re-
gard a healthy stallion as capable of serving from forty to fifty mares
in a single season; cattle-breeders apportion at least forty cows to a
bull, and sheep-raisers regard from thirty to forty ewes as not too
many for a single ram, and in the latter case, at least, the season of
service is no longer than that permitted to the male seal. I think it
would be safe to place an average of forty to fifty seals to a harem as
not excessive.

It is not unusual during the early years of the Alaska Commercial
Company’s lease to find exceptionally large harems containing from
fifty to a hundred females each, but we saw no reason to doubt that
they were fully served by the male.

The erroneous idea seems to have gained lodgment that during the

first decade of the lease a reserve of breeding seals was
extension of driv- kept on certain rookeries, and that towards the end of

- this decade it became necessary to draw on these rook-
eries because killing 100,000 seals per annum had been too much of adrain
upon the herd. This has no foundation in fact. In the early years
of the lease the transportation facilities upon the islands, both by land
and water, were very limited, and, as the Government agent in charge
(Captain Bryant) did not object, we consulted our convenience and
drove more frequently from near-by rookeries, but at all times worked

Size of harems.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 373

the more distant rookeries more or less frequently, as appears by the
Seal Island records. His successors in office theorized that all the
rookeries ought to be worked in regular rotation, and so directed. We
therefore increased our number of boats and mule teams in order to
transport the skins from distant points, and complied with his orders.
But we did not do this because of any scarcity of killable seals; no
scarcity occurred until pelagic sealing had already made serious in-
roads. There was no such thing ever thought of upon the islands as
‘“‘reserves of seals,” nor was any different practice pursued in respect to
driving from year to year, except that all rookeries were worked more
systematically after the first few years of the lease.

In the early years of the first lease a few ofthe bundles of sealskins
shipped from the Pribilof Islands may have weighed as
much as 60 pounds, but I would not undertake to say
that I have seen any weighing as much. If there were any the explana-
tion is as follows: The skins in such bundles were those of small wigs,
and such skins were bundled together so that the flesh sides should:be
covered completely and no overlapping edges left.

Hxcrement is voided by the seals upon the rookeries as often, I think,

as by other carnivorous animals. Those who assert

the contrary apparently expect such discharges as they | Excrement on rook-

. . eries.

were accustomed to see in the track of the herbivora.

The excrement of the seals is of very soft, often semifluid consistency,
and in the porous soil, or on the smooth rocks, is easily brushed about
by the trailing flippers of the seals and lost sight of. Their food is
chiefly fish, which is highly organized and contains very little tissue
that is not absorbed and assimilated. The excrement, therefore, is lim-
ited in quantity, even when the animal is full fed, and from its nature
and surroundings easily overlooked.

Weight of bundles.

H. H. McInN’TyReE.

Subscribed and sworn to before me this 16th day of December, 1892,
[SEAL, | SEVELLON A. Brown,
Yotary Public.

Deposition of John Malowansky, agent of lessees of Commander Islands.

DISTRICT OF COLUMBIA,
City of Washington, ss:

John Malowansky, being duly sworn, deposes and says, with refer-
ence to the sections of the Report of the British Bering Sea Commis-
sioners hereinafter named, as follows:

Sec. 283. The seals which are killed for skins on the islands have
been arriving later during the last two years. The killing time has
been extended two to three weeks. No alteration in the date of arrival
of females or of birth of young has been noticed.

SEc. 296. No one on the Commander Islands believes that coition
ever takes place in the water.

Suc. 431. I have never heard the natives or anyone else on the Com-
mander Islands report that there were barren females or females with-
out young.

JOHN MALOWANSKY.

Sworn to and subscribed before me, this 15th day of December, 1892.
[SEAL.] SEVELLON A. BROWN,
Notary Public.

374 TESTIMONY —
Deposition of John Malowansky, agent of lessees of Commander Islands.

STATE OF NEw YORK,
City and County of New York, ss:

John Malowansky, being duly sworn, deposes and says:

J have been on the Commander islands every year since 1869. I
served for many years as the agent there of Hutchin-
son, Kohl, Philipeus & Co., the former lessees of the

right to take fur-seal skins on those islands, and Iam now the agent
of the Russian Sealskin Company, the present lessees. My winter res-
idence is in San Francisco; Iam now on my way to Russia to report
to the Government and to my principals.

Whenever there has been a heavy storm and swell about the islands
in the fall of the year, 7. e., in October or November, after the pups

have learned to swim, a number of dead pups have
eis te Com- been reported killed along the shore by the surf, but the
number was always inconsiderable. These pups were
always grey pups; their bodies were always near the water’s edge,
and never back on the rookeries. Within the last two years the
natives noticed, however, another class of dead pups on the islands;
these were always black pups, which were too small to have learned to
swim, and were found on the breeding grounds 200 yards from the
water. Such dead pups have only been observed since the sealing
vessels began to take seals about the islands. This year the numbers
became so great that the matter was commonly talked about on the
islands and the natives made complaint to the governor. It was my
opinion and the universal opinion of all on the islands that these deaths
were caused by starvation, which resulted from the mothers having
been killed by the sealing schooners while out feeding. This was also
the opinion of the natives and others on the islands during all of last
season (1891). The matter was discussed with the British Bering Sea
Commissioners who were at Bering Island for about aday and ahalf in
September of that year. Snigerof told them about it, and I acted as
the interpreter at the time. The grey pups heretofore mentioned as
having been killed were always plump and in good condition, while
these black pups were in all cases very thin and emaciated, showing
evident signs of starvation.

Seven vessels were seized this season (1892) by the Russian Govern-

Examination of Went for sealing in the waters surrounding the Com-
a late pelagic Mander Islands. They had on board about 2,700 skins,
cae all of which, as appeared from the bullet holes in them,
had obviously been shot in the water. It was evident from the fresh
appearance of the skins and from the information I obtained from the
captains of the seized vessels that they were not taken in the spring,
but throughout the summer. I was present at the examination of all
of them at Petropaulovski, and looked at almost every one of them care-
fully, because I intended to purchase and did purchase a large number
of them for the Russian Seal-skin Company. They were also examined
at the same time by Mr. Grebnitski, Mr. Tillman, and a Copper Island
native named Ivan Chabarof. The latter is an expertin handling seal-
skins. He looked them ali over and threw the males into one lot and
the females into another. He had no difficulty in telling them apart.
1 have not the exact figures of the result with me, but I know that over
ninety per cent of the skins were females.

Experience.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 375

On one of the boats of a seized schooner there were the carcasses of
13 seals. I was present while these were being skinned
on our steamer’s (the Kotik’s) deck; all of them were Nursing females.
nursing females, and the deck was flooded with milk
when the skins were being removed. All the captains of these seized
vessels informed me that they took a great many seals 200 or more
miles from the islands, and it is my belief that the female seals go as
far as that from the rookeries to feed. The captains also knew and
admitted they were getting mostly females. The captain of the Maria
told me he lost two or three out of five wounded or killed.

During the last year or two there has been an enormous decrease in
the number of seals on Copper Island; on Bering
Island the decrease was not so marked. The seals on
the Copper Island rookeries feed mainly to the east and southeast
of the island, while those on Bering Island feed to the northwest and
west thereof, where the sealing schooners have not gone so much as
yet; the two islands are about thirty (30) miles apart. All the sealing
schooners seized were to the south or southeast of Copper Island ex-
cept one, which was seized to the northwest of Bering Island. I
noticed one rookery in particular on Copper Island which two years
ago was covered with breeding seals and which now is bare. No one
on the islands doubts that the sealing schooners have done it. The
natives have become greatly alarmed and they bewail the condition ot
the rookeries, claiming they will starve if the seals continue to decrease.
This great decrease is noticeable in the female seals; there are enough
vigorous male seals to serve all the females coming to the islands. The
natives have reported in the last two years that the number of females
to a bull is growing less. This is the natural result of the sealers kill-
ing principally females. I am convinced that unless sea-sealing is ab-
solutely prohibited the Commander seal herd will become practically
exterminated.

Among the seal-skins taken from one of the vessels seized were some
which were lighter in color and different in shape from
the rest of the catch. Snigerof, the native who has
been on the Pribilof Islands, at once pointed these out to me and said
they were Pribilof seals. I spoke to the captain of the vessel about
them, and he told me that those skins came from the eastern side of
Bering Sea and were skins of the Pribilof seal herd. I am, therefore,
positive there is a marked difference in the two seal herds and that they
do not intermingle.

I have already stated that the seized vessels had on board about 2,700
skins. These were confiscated by the Government and
taken to Petropaulovski. They were there sold atauc- ,,Shipment of pelagio
tion and I purchased 1,124 of them; 1,028 of them were
held by the Government for its own account. The two lots above-men-
tioned, namely, that purchased for the Russian Government, were placed
in my charge at Petropaulovski and were brought to San Francisco by
me upon the steamer Kotik the chartered vessel of the Russian Seal-
skin Company. At San Francisco I was present when these two lots
were shipped to Alfred Fraser, of New York, a member of the firm of
C. M. Lampson & Company, for transshipment to London, in casks
which were marked and numbered as follows:

The casks containing the first lot were numbered 22 to 40 and marked
OR. Baha Cops.”

The casks containing the second lot were numbered 1 to 21 and were
marked “R. 8. 5. Co., G.”

Decrease.

Herds do not mingle.

376 TESTIMONY

The mark “A” stood for “auction skins.” The mark “ G” stood for
“Government skins.”

They were shipped from San Francisco in the latter part of Septem-
ber or the first part of October, 1892, and I understand they were to be
sold in London in November following.

In 1890 I went in the steamer Alexander from Bering Island to a

place on the coast about twelve miles north of the
roach for other Kamchatka River, where I had heard, on what I con-
sidered good authority, that there. were fur-seals.
When I got there I only found sea-lions.
Commander Island skins are always handled with the greatest, care.
_ On several occasions, and especially this year, C. M.
Met et ape & Oo. have praised the condition in which
they were forwarded to market.
JOHN MALOWANSKY.

Sworn to and subscribed before me this 16th day of December, 1892.
[SEAL. | Epwin B. Woops,
Notary Public, Kings Co., certificate filed in N. Y. Oo.

Deposition of Walter EZ. Martin, furrier.

STATE OF NEw YORK,
City and County of New York, ss:

Walter E. Martin, being duly sworn, says:

I am the person described i in and who verified an affidavit in London,
England, on the 23rd day of April, 1892, in relation to the sealskin
industry. as carried on in that city.

I have, as therein stated, handled large numbers of fur-seal skins of
all kinds, including Northwest Coast skins, or those of
animals taken in the water, and I know from personal
experience that a certain number of “‘stagey” skins are always found
amongst them. Whether or no skins taken in the water are “stagey ”
will depend on the month in which they are taken. The staginess does
not begin until after the middle of August, and as most of the skins
secur ed before the seals enter Bering Sea are taken previous to that
date the percentage of ‘‘stagey” skins amongst this class is insignifi-

cant. But among the skins taken in Bering Sea after August 15th will
always be found a certain per cent of stagey ” ones.
WALTER E, MARTIN.

Sworn to before me this 2nd day of November, 1892.
[SEAL. | Epwin B. Woops,
Notary Public, Kings Co., certificate filed in N. Y. Co.

Stagey skins at sea.

Deposition of Thomas F. Morgan, agent of lessees of Pribilof and Com-
mander Islands.

STATE OF CONNECTICUT,
New London County, ss:

Thomas F. Morgan, being duly sworn, deposes and says:

I am the person described in and who verified two certain affidavits
on the 5th day of April, 1892, before Sevellon A. Brown, notary ache
in relation to the habits, management, ete., of the fur- seals,

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 377

The harems on the Pribilof Islands have at all times varied very much
in size. In the years when I was on the islands, be-
tween 1874 and 1887, it was always possible to find in-
dividual harems with 50 or perhaps 80 females, while others would only
have four or five females, notwithstanding the average harem would, per-
haps, contain from 15 to 30 females. Large harems, though in smaller
numbers, continued to exist even in the years 1885 and to 1887, when,
as I have already stated in a former affidavit, the number of females
began to decrease.

While I was on the Islands there was no such thing known as disturb-
ing the breeders or stampeding the rookeries. Theherd gi. mpeaing and
is driven from the rookery, is kept away from filth as driving ‘over putrid
much as possible, for the reason that the skins which >?"
are taken, if clean, take salt better, cure in better condition, and bring
better prices. Filth, grease, and oil make skins come out of kench flat,
and such skins are classed as low when sold. Mud spoils the salt for
quick work; so the cleaner the skins are the better. As the rejected
seals are only to be got away from the killing ground the quickest way
to the sea is the route chosen, and they often pass over decaying ear-
casses, but not of necessity, as they are allowed to choose their own gait
and route tothe sea. They do not seem to object to this anymore than
to the filth caused by the excrement and decaying placentas on the
breeding grounds.

I was on the Commander Islands in 1891 as Agent of the Russian
Sealskin Company. I never heard any one state that Barren and sterile
barren females (I mean females without young) were no- females.
ticed there and I don’t believe that any person whose opinion would be
entitled to consideration noticed this fact. It soon would have become
a matter of common knowledge on the Islands if there had been any
number of adult females without young. The only sure way to deter-
mine whether an adult female is barren is to examine her as to whether
she is giving milk or dry. As the young seals do not follow the mother
continuously, the fact of seeing females without pups with them does
not prove that they have not one somewhere on the breeding grounds,
and no person having any knowledge of rookery life could draw such
an inference and claim that the females were theretore barren.

While on the Pribilof Islands I don’t know that I ever saw a sterile
female seal. It is impossible to recognize the same seal from year to
year unless as in the case of a few old bulls which have large scars, a
torn lip, a white blind eye, the nose split, or same unnatural mark.
And although I have seen old females without milk, very fat, associating
with the young males, I could not say that they had not been fertilized,
and not having an offspring to care for were associating with the males
until the season arrived for the herd to leave. At one time the sug-
gestion was made that it would be a good plan to kill these females.
I denied that it was possible for any one to know that they would not
bear young, and that if the killing of one female was authorized it
would open the way to do great injury to the herd. For, when it be-
came desirable to market a large number of skins, the clubber would
see large numbers of females untit for breeding.

It is difficult to discover fresh excrement on the rookeries, for the
seals’ flippers soon wipe out the evidence looked for.
Still I have often seen it. In color it is orange, light
yellow to almost colorless, and in consistency soft, almost liquid. At
times it is very offensive, and at others nearly odorless. But the soil

Harems.

Excrement.

378 TESTIMONY

of the breeding ground is impregnated with it, which gives to the rook-
ery amost disagreeable odor that is increased by the devaying placentas.
iam quoted by the British Commissioners (Section 825 of their Re-
Irregularity in hab. DOYrt) to show that in 1884 an irregularity in the habits
its. of the seals took place at the Pribilof Islands. This ir-
regularity consisted in the following: In previous years the seals that ar-
rived in June furnished nearly all eight-pound skins and over; very few
of these seals were let go or rejected, and when any were rejected it was
principally because they were too ‘large. But this year the two-year
old seals commenced to land much earlier, and the run of large half
bulls arrived in more scattered bunches, just as if the herd had been
turned back in places and hurried ahead in others, thus hurrying the
smaller seals, so that they came on with the head of the flock, and turn-
ing back some of the large seals, so that they came to the islands with
the one and two year old seals, which formerly had arrived later. * No
irregularity was observed in the habits of the female seals.

THOMAS F. MORGAN.
Subscribed and sworn to before me this 14th day of December, 1892+

[SEAL. | H. L. BAILEY,
Notary Public.

Deposition of Joseph Murray, Treasury Agent.

DISTRICT OF COLMUBIA,
City of Washington, ss:

Joseph Murray, being duly sworn, says: I am the person described
in and who verified an affidavit on the 19th day of March, 1892; I was
first assistant special Treasury Agent on St. George Island in 1889 and
until July 20, 1890, and I have since occupied and still occupy this
position on the island of St. Paul.

I have stated in a former affidavit that in 1891 the rookeries were at

Disorganization of their best from July 7th to 22nd. At the time when the
rookeries. British Commissioners reached the island (July 28th) the
process of disorganization had already been in progress for a week or
ten days, and the seals were scattered about the breeding grounds.
Safe and correct conclusions as to the facts of rookery life can only be
drawn after systematic observation during the growth of the rookeries,
and during the brief period when they are compact and orderly. For
instance, after July 22nd, there is no time when all the females were on
shore; many of them are at sea feeding; the pups are wandering here
and there, and the bulls having ceased to exercise strict control over
their harems generally are giving attention to the few cows still un-
served. Even the observations carried on after this date over a series
of years must be applied with caution, for on the same day of different
years the brecding grounds may present a totally different appearance
by reason of climatic conditions. For instance, if August 15th, 1891,
had been a hot or sunny day, and August 15th, 1892, a cool or cloudy
day, the rookeries would not be similar in appearance on these two days,
even if the general condition of the herd in the two years were thesame.

I went over the rookeries carefully looking for dead pups. Thelargest
number on any rookery occurred on Tolstoi, but here,
as on the rookeries generally, but few of them were to
be seen as compared with last year. This was the first time in my four ©

Dead pups.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 379

_ Seasons’ residence on the islands that the number of dead pups was not
greater than could be accounted for by natural causes.

It is my opinion that the breeding grounds were worse off in 1892
than in 1891 as regards the number of females found
on them. This opinion is based on my observations ,,Relative condition
made at the same periods in each year prior to disor- ;
ganization. The breeding grounds are now in worse condition numer-
ically than at any time during my acquaintance with them, and this too
in the face of the small killings of males upon the islands during 1890
and 1891.

In 1891 and 1892 I saw a number of harems with 40 or 50 females;
on the other hand I saw a still greater number with
from one to six. If it were possible to ascertain the
average number of females to a bull it would be found to be very low,
especially if all the idle bulls were taken into account. In 1891 I visited
ever rookery on theisland of St. Paul between the 7th and 22d of July,
and I counted 1,250 idle bulls.

I deny that the statement attributed to me in Sec. 758 of the Brit-
ish Commissioners’ Report was ever made by me:
‘‘Colonel Murray, the cautious Treasury agent on St.
George, informed us that he had examined the traces remaining of
many raids that had taken place unknown to the authorities.” 'urther-
more the two occasions referred to in this section relate to one and
the same raid which is on record in the Treasury Department.

I have read over section 759. I did go to the steamer of British
Bering Sea Commissioners, not only as a matter of
courtesy, but because we have orders to board all ves- off Erition- Onn.
sels anchoring at the islands. I then suggested that aetea Report ex-
the British vessel sail around St. Paul Island to see if ”
any schooners were off Northeast Point. The impression conveyed is
that raids were continually imminent and of frequent occurrence, and
that there were no means at hand to prevent them if they did occur. Only
two raids were made in 1891. The first occurred on St. George Island,
November 17th, by the Challenge, the other, November 27th, on St. Paul
Island, by the Borealis. In the first case the officer and crew were ar-
rested and sent to Sitka, convicted and sent to jail, and the vessel
confiscated. In the second case the vessel succeeded in making her
escape, but the captain was afterwards arrested and is now awaiting
trial in Sitka jaii.

One of the secretaries of the British Bering Sea Commissioners had
access to and closely examined in 1891 while on St.

Paul Island the records in which every seal which ,,Reqrd of seals
died on that island either directly or indirectly by the

hand of man is recorded. The Commissioners were at liberty‘to ex-
amine the same records on St. George. Ido not know whether they
did so or not.

Harems.

Raids.

JOSEPH MURRAY.

Subscribed and sworn to before me this 20th day of December, 1892.
[SEAL.] SEVELLON A. Brown,
Notary Public.

oO = TESTIMONY

Deposition of Martin Myer, handler and packer of raw furs.

STATE OF CALIFORNIA,
City and County of San Francisco, ss. :
Martin Myer, of the city of San Francisco, in the State of California,
being duly sworn, deposes and says: :
That he is by occupation a handler and packer of raw furs; that in
such capacity he has been for the past twenty years,
aud still is, employed by the Alaska Commercial Com-
pany; that while said company was the lessee of the Pribilof Islands
he was present at the wharf in San Francisco on nearly every occasion
when the company’s vessels unloaded the skins of the fur-seal taken on
the Pribilof Islands by said company’s agents; that said skins, of
C _. which he has handled and packed in casks hundreds
eee! $8 of thousands, are packed in bundles, each of which
contains two skins; that it would be impossible to put
three skins in one bundle and roll them in such a way that the flesh
side of one of the skins would not be exposed and the fact at once be-
come apparent to any person examining the skins so bundled; that it
would be impossible to roll four skins into one bundle, as the sides of
the skins could not be turned in and the bundle then rolled and tied
up.
And deponent further says:
That when a vessel arrives from the Pribilof Islands with a consign-
ment of skins the bundles, as they were unloaded,
feoipment of skins were counted by an officer of the United States eustom-
house and also an employé of the Alaska Commercial
Jompany; that perhaps a dozen or twenty bundles were opened to ex-
amine their condition and the amount of blubber and salt with which
they were packed; but that not over one hundred such bundles were
ever opened in any one year: that since 1879 after said fur-seals were
counted, as above stated, in bundles, the bundles were packed on the
wharf in casks, from twenty-five to thirty bundles being placed in each
cask; that as fast as each cask was filled it was at once taken to the
railroad station and shipped directly to C. M. Lampson & Company,
London.
And deponent further says:
That never during his experience of twenty years has he seen a
bundle of Alaska fur-seal skins opened which contained
en crer saw over two more than two skins, and that he never saw a bundle
: that he judged to contain more than two skins; that
if such bundles had been seen by him he would at once have recognized
the fact from the shape of such bundle.

Experience.

MARTIN MYER.

Subscribed and sworn to before me this 14th day of November, A. D.
1892.
[SEAL.] CLEMENT BENNETT,
: Notary Public.

Deposition of Rudolph Neumann agent of Alaska Commercial Company.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:
Rudolph Neumann, being duly sworn, deposes and says:
That he is the resident agent of the Alaska Commercial Company at
Unalaska in the Territory of Alaska, and that for the

acai past twenty years he has been employed in the pur-

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 381

chase of skins of various kinds for said company in the Aleutian Islands
and Alaska; that he never knew or heard of the said company having
fitted out, employed, or been directly or indirectly con-

nected with any vessels engaged in taking young fur- ,, 6, neon OnE
seals or any other class of. fur-seals with nets while pelagic sealing.
going through the Aleutian passes or anywhere else;

that if the said company had been in any way interested in any such
venture deponent is convinced he would have known thereof, as such
skins so taken would doubtless have been delivered to him for trans-
shipment to San Francisco.

Deponent further says:

That the price paid for the skins of young pup-seals is now about
one dollar; that formerly, when more sealskins were
_ taken from the Pribilof Islands, the price for such
skins, that is, gray pup-skins, was from seventy-five to eighty-five cents;
that up to within five or six years from 1,500 to 2,500 such skins were
annually purchased at the last-mentioned prices from the native hun-
ters on the Aleutian Islands, but that since that time the number so
taken and sold had decreased yearly.

And deponent further says:

Thatnever during his experience has he purchased at one time as many
as seven hundred pup sealskins or any number approxi-
mating, and that he has never paid as much as two
and one-half dollars for a pup sealskin, nor has he ever
heard, nor does he believe any such sum was ever paid for such seal-
skins by any person in the employ of the Alaska Commercial Company.

RUDOLPH NEUMANN.

Subscribed and sworn to before me this 14th day of November, A
D. 1892.
[SEAL.] CLEMENT BENNETT,
Notary Public.

Price of pup-skins.

Number of pup-
skins purchased.

Deposition of Gustave Niebaum, vice-president of the Alaska Commercial
Company.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Gustave Niebaum, being duly sworn, deposes and says:

That he is a resident of San Francisco, Caifornia; that he has been
a member of the Alaska Commercial Company since
its organization; and that he is now the vice-president
of said company.

That it has been his custom for the past twenty years to examine a
few bundles of each cargo of sealskins received by said company from
the Pribilof and Commander Islands, in order to find out in what con-
dition they had been packed and whether any improvement could be
made in the methods employed. For this purpose from fifteen totwenty
bundles of each cargo were opened and an examination made.

And deponent further says:

That during his entire connection with said. company he has never
seen or heard of more than two sealskins being placed
in one bundle; that to put three skins in a bundle ,,Only two skins in
would be not only very injurious to the fur, but could
at once be detected, because it would be impossible to fold and roll the
skins together without exposing some portion of the bare side of the

Experience.

382 TESTIMONY

skin on the outside of the bundle; that to roll four or more skins in one
bundle in the manner necessary for the preservation of the skins is an
impossibility. .

Deponent further says:

That immediately on landing the Alaska sealskins at San Francisco

siete they were packed in casks, the bundles being the same
skins fromSan aS When taken from the vessel which brought them from
bes le the Pribilof Islands; that since the year 1.79 the casks
were headed at the wharf and taken directly to the railroad freight
depot for shipment to London, each cask being marked with the num-
ber of skins it contained, which number was obtained by multiplying
the number of bundles put into the cask by two; that to 1579 the
bundles were placed on drays after having been counted by the cus-
tom-house officer and taken to the warenouse of the Alaska Commer-
cial Company, where they were at once packed in casks and taken to
the railroad station; that when such packing in casks was done at the
warehouse all the skins had been reshipped within five days after the
arrival of the vessel, and that since 1879 all skins have been shipped
by rail within three days after such arrival; that all sealskins received
by the Alaska Commercial Company from the Pribilof Islands were
consigned to Messrs. C. M. Lampson & Company, of London, and no
sales of said sealskins were made by the Alaska Commercial Company
during the term of its lease of the Pribilof Islands except through
the said firm of C. M. Lampson & Company.

Deponent further says:

That he is familiar with every action and proceeding of the Alaska

a ; Commercial Company since its organization; that said

aska Comm’! Co. at
never engaged in pe’ Company never fitted out, employed, or in any manner
dana neal was directly or indirectly engaged in the fitting out or
employment of any vessel or vessels for the purpose of netting or tak-
* ing of full-grown or pup seals while the same were in the passes of
the Aleutian Islands or anywhere else, but that said company has
always purchased a certain number of gray pup-skins from the native
Aleut hunters, which in some years reached as many as 2,000; but
whether such gray pups, or any of them, were taken with nets, depo-
nent is unable to state; that if such netting of seals ever occurred it
took place without the knowledge or consent of the members of said
company.
G. NIEBAUM.

Subscribed and sworn to before me this 16th day of November, A. D.
1802.
[SEAL.] CLEMENT BENNETT,
Notary Public.

Deposition of Gustave Niebaum, vice-president of the Alaska Commercial
Company.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

Captain Gustave Niebaum, of the city of San Francisco, in the State
of California, being duly sworn, deposes and says:

I am the vice-president of the Alaska Commercial Company and have

been a member of said company since its organization.
’ I have been at all times thoroughly familiar with the
actions of said company aud with all the persons employed ‘by said

Experience.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 383

company atanytime. From my knowledge above set forth I make the

following statements as to certain employes of said company who, prior

or subsequent to their connection with our company,

were in any way connected with the United States Names of com.
; : pany’s agents who

Government; and said persons, hereinafter nanied, are subsequently became

all that have been soemployed by the Government and Goverment agents,

by the company, to the best of my recollection and

belief.

Dr. H. H. McIntyre, special Treasury agent of the United States,
some time previous to 1870, when he entered our employ as superin-
tendent of the Pribilof Islands and so remained until the expiration of
our lease of said islands.

William Kapus was for about two years (1871-73) our ‘assistant
superintendent on said islands, and who, at some time before or after,
I believe, became a deputy collector of customs at some port in the
United States, but what port I can not recollect.

John M. Morton was in our employ for several years and subse-
quently has held various positions in the Government service.

Charles T. Wagner has been for several years and is now in the em-
ploy of our company, prior to which time he has been deputy collector
of customs at Unalaska, but neverin anyway connected with the Prib-
ilof Islands.

Fred M. Sinith, who has lived at Alaska for twenty-five years, has
at various times been and now is in our employ. He was for about four
years deputy collector at Unalaska, but at no time has he been in any
way connected with the Pribilof Islands.

Three or four of the physicians we employed as resident physicians
on the islands were, before or after such employment by us, physicians
on some of the United States revenue cutters.

There were no doubt some of the employés of the company who were,
either before or after such employment, in the United States Army or
Navy.

There were so few competent and experienced men in Alaska who
could fill the positions in the company, or in the serv-
ice of the United States, that it naturally followed es therefor.
when changes were made by a new administration in the officers of the
Territory that they should either draw from the experienced men in the
company’s employ or that when a Government employé, who had had
several years’ experience with Alaskan affairs, was removed he should
be employed by the Alaska Commercial Company.

G. NIEBAUM.

Subscribed and sworn to before me this 18th day of November, A. D.
1892.

[SEAL. | CLEMENT BENNETT,
Notary: Public.

Deposition of C. W. Preiss, assorter of furs.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:

C. W. Preiss, being duly sworn, deposes and says:

I reside in San Francisco, State of California, and am by occupation
a fur-skin assorter, and have been so engaged perma-
nently for the last twenty years, during which time [
have been constantly handling large quantities of raw fur-seai skins
from all the difierent locations.

mxperience.

384 TESTIMONY

I have been present at the capturing of seals in the Bering Sea and,
on the Pribilof Islands, and find that all fur-seals taken
both in the Bering Sea and on the islands therein from
about the 10th of August until the end of October are what is known
to the trade as stagey, meaning the animal is changing its coat, during
which period its skin is very inferior in quality; in fact, almost unmer-
chantable.

Stagey skins at sea.

C. W. PREISS.

Subscribed and sworn to before me this 18th day of November, A. D.
1892.
[SEAL] CLEMENT BENNETT,
Notary Public.

Deposition of Louis Sloss, jr., member of the Alaska Commercial Company.

STATE OF CALIFORNIA,
City and County of San Francisco, ss:
Louis Sloss, jr., being duly sworn, deposes and says:
That he is a resident of San Francisco, California, and member of the
Alaska Commercial Company; that for four or five
Experience. years, during the time that said company was the
lessee of the Pribilof Islands, it was his duty to be pres-
ent during the unloading of the vessel bringing into port sealskins
from the Pribilof Islands and to oversee the counting and repacking
into casks of all such sealskins; that when such vessel arrived it was
_ eustomary to open twelve or fifteen bundles of the skins
frenipment of sis toexamine their condition, but that no bundles were ever
opened for any other purposes; that, excepting the few
thus opened, all the bundles, after being counted by the custom-house
officer and a company employé and since 1879, were packed in casks on
the wharf; that said casks were taken directly from the wharf to the
railroad station and shipped to C. M. Lampson & Company, London.

And deponent further says:

That during his entire experience he never saw a bundle of sealskins

__ which contained more than two skins; that he believes

boy twoskins’™@ that more than that number in a bundle would be

readily detected by even an unexperienced observer;

that he further believes it impossible to pack three skins in a bundle

in such a manner that the extra skin would not easily be detected, and

that four skins could not be rolled into one bundle in the customary
way under any circumstances.

And deponent further says:

That he has seen bundles containing two large sealskins each which
would weigh, including salt, blubber, and the moisture
collected, over fifty pounds, and that bundles contain-
ing two yearlings or gray pup-skins in the same raw condition will |
weigh about ten pounds.

Weight of bundles.

LOUIS SLOSss, JR.

SubseriLcd and sworn to before me this 14th day of November, A. D,
1892.
[SEAL.| CLEMENT BENNETT,
Notary Public.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 3885

Deposition of Joseph Stanley-Brown, Treasury Agent.

DISTRICT OF COLUMBIA,
City of Washington, ss:

Joseph Stanley-Brown, being duly sworn, deposes and says:

I am 37 years of age; am a citizen of the United States; reside at
Mentor, Ohio, and am by profession a geologist.

I spent the entire season of 1891 upon the Pribilof Islands, and dur-
ing the summer of 1892 again visited them and spent
the period between June 9th and August 14th upon
the islands of St. Paul and St. George in continuation of my investi-
gations concerning seal life. This season, in addition to the continu-
ous general examination of all the rookeries and the plottings of the
breeding ground areas upon charts, certain special stations were se-
lected at points within easy reach of the village and daily visits made
thereto. This method of work gave me an excellent opportunity to
make comparisons between the breeding areas of 1891 and those of
1892.

As the result of my observations during the past season itis my opin-
ion that there was no increase among the females—the
producing class—but on the contrary that there was a
perceptible falling off. This decrease was the more noticeable at points
on the rookeries where the smaller groups of breeding seals are to be
found.

There was so little driving during the season of 1892 that an excel-
lent opportunity was given to observe life upon the hauling grounds,
several of which were not disturbed during the entire season. There
seemed to be a slight increase of the young bachelor seals, although
this may have been more apparent than real from the fact that being
unmolested they accumulated in large bands.

It is quite certain that the normal habit of the “holluschuckie” is to
remain most of their time upon shore, and if left to themselves would
spend more time there than in the water. I have kept a close daily
watch upon groups of young males, the members of which did not go
into the water for a week or ten days at a time.

Any statement to the effect that the occasional occurrence of large
harems indicates a decrease in the available number of
virile males and hence deterioration of the rookeries,
should be received with great caution, if not entirely ignored. The bulls
play only secondary part in the formation of harems. Itis the cow which
takes the initiative. She is in the water beyond the reach or control of
themale and can select her own point of landing. Her manner on coming
ashore is readily distinguished from that of the young males which con-
tinuously play along the sea margin of the breeding grounds. She comes
out of the water, carefully noses or sinells the rocks here or there like a
dog, and then makes her way to the bull of her own selecting. In this
incipient stage.of her career on shore there is but little interfereuce on
the part of the male, but once well away from the water and near the
bull she has chosen, he approaches her, manifests his pleasure, and
greetings are exchanged. She then joins the other cows and as soon as
dry lies down and goes comfortably to sleep. I have seen this selec-
tive power exercised repeatedly and the result is that one bull will be
especially favored while those within fifteen or twenty feet will be ig-
nored.

The size of harems, therefore, has of itself but little to do with the
question of lack of virile males, but indicates only the sclective power

12364——25

Experience.

Breeding grounds.

Harems.

386 TESTIMONY

of the females. If 100 bulls represented the necessary supply of virile
males we might, by reason of this fact, find 10 bulls with very large
harems, 10 with still less, 50 with a reasonable number, 20 with a few,
and 10 with none. An onlooker would not, therefore, be justified in
stating that by reason of these few large harems there is a.lack of vir-
ile males.

In the very nature of things it seems impossible that any method
other than this one of selection on the part of the female could ever
have existed. é

Large harems are frequently due to topographic conditions, the con-
figuration of the land being such that the females can only reach the
breeding grounds through narrow passage ways between the rocks and
around the terminations of which they collect.

Harems often coalesce; then boundaries become indefinite, and when
their size and position make them too large for control cows pass to the
rear and are appropriated by the bulls there.

When once the female is located, the bull exercises rigid control and
permits no leaving of the land until she has been served. J never saw
a harem so large that the vigilance of the bull in this respect was ever
relaxed. His consorts may escape to another harem, but they are
never permitted to go to sea until an inspection convinces the bull that
they are entitled to do so. No intelligent observer would be so bold as
to assert that during the season of 1892 there was not an abundance of
males of competent virility, despite the occurrence of occasional large
harems. The accompanying photographs! show that even at the
height of the season, and just previous to the disintegration of the
breeding grounds, there were, unsupplied with cows, old males which
had taken their stand and from which I was unable to drive them with
stones.

I should have been extremely glad to have been able to note a great
many more of these large harems, but the work of the pelagic hunter
among the females has been so eifective that the average size of the
harems is growing smaller and smaller, while the number of idle bulls
is steadily increasing. The rookeries of the Pribilof Islands will never
be destroyed by a superabundance of large harems.

I arrived on the islands this year a few days after the coming of

Females and their the first cows, and by selecting a small harem composed
EUS of seals the arrival of which I had seen, and giving it
daily observation, I was able to satisfy myself that females begin to
go into the water from 14 to 17 days after first landing. On first en-
tering the sea they make a straight line for the outer waters, and as far
as the eye can follow them they seem still to be travelling. The first
cows to arrive are the first to depart in search of food, and by the first
week in July the cows are coming and going with such frequency as to
be readily seen at any time. ‘The accompanying photograph (taken on
July 8,1892, from the same position as, but one day earlier than, the one
of last year which faces page 13 of Vol. II of the Case) shows pups the
mothers of which are already at sea. [Photograph faces p. 385]. ,

The fact that the coat of the cow assumes. from residence on the
shore, a rusty or sunburnt aspect, gives a ready means of observing her
movements. The rustiness is quickly lost by life in the sea.

The movements of females can also to a certain extent be well ob-
served by their appearance after giving birth to their pups, after fast-

‘The United States will iay before the Tribunal a series of photographs taken by
Mr. Stanley-Brown during the seasons of 1891 and 1892, in illustration of seal life
in general upon the Pribilof Islands,

‘C681 “ZL AINE “AWNVd “LS ‘LNIOg LSVaHLYON

Ee as
A ee

"E681 ‘ZL AINE “NW “LS ‘LNIOg LSV3HLYON

‘Z6St ‘OS ANP ANWd “LS ‘VNAAINOd 371117

Aas

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 387

ing, and after gorging themselves with food. After the birth of the
pup, and after remaining upon the rookeries even for a few days when
the period of coming from and going into the water has been entered
upon, the mother has avery decidedly gaunt appearance, in strong con-
trast to the plumpness of pregnancy or full feeding. After feeding at
sea they come ashore again well rounded out. So marked is this that
I have repeatedly been misled by mothers in such a condition, mistak-
ing them for pregnant cows, and have discovered my error by seeing
her call her pup and suckle it. If f had any doubt in my mind as to
cows feeding at sea it was dispelled by an examination of three cows I
shot at Northeast Point on July 25th, 1892. Two sunburnt” cows were
first killed and their stomachs were found to be,empty. Another was
shot just as she came ashore and her stomach was gorged with half-
digested codfish, which was identised by Mr. C. H. Townsend, an ex-
pert of the U. S. Fish Commission. A dissection was made of this
seal, and the udder, which extends as a broad thick sheet at the center,
but thinning out towards the edges, over the entire abdominal portion
of the cow and well up to the fore flippers, was so charged with milk
that on removing the skin the milk freely flowed out in all directions,
and previous to skinning it was possible with but little effort to ex-
tract a sufficient amount to enable me to determine its taste and con-
sistency. A large supply of food is necessary to furnish such an
abundant amount of milk. I have no doubt that a well-developed
mother seal could yield between a pint and a quart of milk in the first
24 hours after landing from a feeding expedition, and with such rich
fountains to draw upon it is no wonder that the voracious pups increase
during their residence upon the island not less than four times their
weight at birth. And it is equally certain that without such a constant
supply of nourishment it could not make such a rapid growth as it
does.

The presence of excrementitious matter upon the breeding rook-
eries is recognized both by sight and smell. Itisofa uExcrementitious
yellowish color, and though much of it is excreted it is matter.
of such a liquid consistency that it is quickly rubbed into and mingled
with the soil, and thereafter its existence can only be noticed through
the discoloration of the soil and the offensive odor. The latter is readily
detected at a distance of miles when the wind is in the right direction,
for the soil on the breeding rookeries is compietely impregnated with it.
The odor bears no resemblance to that which arises from the bodies of
a large number of assembled animals.

The quantity of excrementitious matter present is influenced by the
nature of their diet, which, being fish, is largely assimilated, while in
their coming and going much of it may be deposited in the water, to
say nothing of drenching from rain to which the rookeries (many of
which are solid rock) are subjected.

On the hauling grounds, on the other hand, it is almost impossible to
detect such matter, either through its presence, the appearance of the
soil, or its odor. This is a well-known fact to anyone who has even
casually inspected such hauling grounds as Middle Hill, parts of Zap-
adnie, western end of English Bay, western end of North Rookery,
Starry Arteel, Great East Rookery, and others.

This difference between the breeding grounds and the true hauling
grounds is explained by the fact that the former are occupied by nurs-
ing females, whichareconstantly feeding, while the latter are frequented
chiefly by young males, which take but little food during the summer,
This abstention from food on their part is further indicated by the fact

388 TESTIMONY

that, with exceptions now and then observed on the killing grounds,
they grow thinner and thinner as the season advances.

The pup at birth is received by the mother with an affectionate re-

Attitude of mothers gard that is unmistakable; asound not unlike that made
a. BUBB. by an ewe, but not so loud, can be heard, and care is
exercised by the mother for the pup’s protection. I have. repeatedly
seen a mother when her offspring was still so young as to be helpless,
remove it beyond the reach of the surf, or gently lift it from a hole
between the bowlders into which it had fallen. I have seen them often
place the udder in the most available position for the pup to suck, and
move themselves sufficiently close for it to be within easy reach, After
an absence in the sea, the mother invariably callsto her young repeatedly
and manifests pleasure on finding it. Later on the pup is able to ree-
ognize its mother, and as the female will suckle only her own pup the
pleasure and contentment which the meeting gives both is evident to
the most careless observer.

Dead pups were as conspicuous by their infrequency in 1892 as by
their numerousness in 1891. In no instance was there
to be noted an unusual number of dead pups except on
the breeding grounds of Tolstoi, the position, character, and size of
which gave prominence to the carcasses. Here the mortality, while in
no way approaching that of the previous season, was still beyond the
normal, as indicated by the deaths upon the other breeding grounds.

Any surreptitious killing of the mothers can not be charged with it,
for such killing either there or anywhere else on the island would have
become the gossip of the village and readily detected by the attempt
to dispose of the skins. Disease or epidemics are not known among
the seals; and I have never seen cows dead from sickness upon the
islands. There are no hauling grounds so close to the breeding areas
that the driving of the young males could cause consternation among
the females during the breeding season. Stampedes or disturbances
can not account for it, for not only are the breeding grounds in this
particular case of Tolstoi one-fourth of a mile away from the hayling
grounds, namely, at Middle Hill (the nearest point to that breeding
ground from which seals were driven in 1891 and 1892, see chart), but
it would be practically impossible to stampede this breeding ground by
any disturbing cause save of such magnitude as to be the subject of
common knowledge on the islands, and I know that no cause for such
a commotion occurred.

Seals will stand a large amount of annoyance before leaving their
harems, or indeed being permitted to do so by the bulls, and the man
does not live who can stampede rookery bulls. No smoke of vessels or
presence of ships ever cause the stampede of an entire breeding ground.
Such things have been reported, but no one has ever seen it, and it
would require persistent effort to accomplish such aresult. Ihave had
cause to send natives on several occasions entirely across a rookery,
and no stampede ensued. I have thrown eggshells filled with blue
paint at female seals for the purpose of marking them until rocks and
seals were a mass of blue color, but with no disturbing effect. In the
prosecution of my investigations I have shot female seals with a noise-
less rifle upon a small detached breeding ground, have crawled in and
dragged out the seals killed without causing the other mothers to re-
cede more than twenty feet, and in fifteen minutes thereafter the breed-
ing grounds presented their wonted appearance.

After two seasons observation I unhesitatingly state that I do not
believe there has ever been breeding grounds stampeded in such a

Dead pups.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 3889

wholesale manner as to cause the death of pups. If such occurred in
1891 and 1892 it is certainly extraordinary that only the starvlings met
death.

The true explanation of thedeaths upon Tolstoi this year is not readily
found, and must be sought in local causes other than those indicated
above, and I am confident that to none of those causes can be justly
attributed the dead pups of 1891 and 1892. The following explanation,
based upon my acquaintance with the facts, is offered in a tentative
way:

A glance at the map will show that the location and topographic
character of this rookery have no counterpart elsewhere on the island.
The rookeries upon which deaths are infrequent are those which are
narrow and upon the rear of which are precipitous bluffs that prevent
the wandering of the pups backward. The larger part of Tolstoi, as
will be seen from the map, extends far back and has great lateral di-
mensions—much of it is composed of drifting sands and it has rather
a steep inclination down to the sea. The shore is an open one, and the
surf, either gentle or violent, is almost constantly present. As the
time for learning to swim approaches the pups find it easy to come
down the incline. They congregate in large numbers upon the sandy
shore and begin their swimming lessons. This is at a period when
they are still immature and not very strong. The buffeting of the
waves exhaust them and coming ashore they either wander off, or strug-
gling a certain distance up the incline, made more difficult of ‘ascent by
the loose sand of which it is composed, lie down to rest and sleep and
are overlooked by their mothers returning from the sea. I have seen
mother seals go up the entire incline seeking their pups.

I find nothing in the history of dead pups upon the island this year
which does not confirm my belief that the great mortality of the season
of 1891 was due to pelagic sealing in Bering Sea. Had it not been so
there is no reason why the deaths in 1892 should not have been as
widely distributed and as great as they were the previous year.

During the past summer particular care was taken to have the
drives conducted in the same manner as in previous
years in order that the effect of driving upon the
young males might be noted.

From June 10th (the day after my arrival) to the close of the season
on August 9th, there were eleven (11) drives made—the longest one
being from Middle Hill, about two miles from the village killing ground.
With two exceptions no drives were made from the same hauling
grounds except at intervals of two weeks. As the killing this year
was limited to 7,500 there could be but few seals taken each week, and
this necessitated turning back to the water, about two hundred (200)
yards distant from the killing ground, from 75 to 85 per cent of those
driven up and gave an excellent opportunity to observe the effect of
driving upon large bands of seals.

In driving, it is true that if the weather is unfavorable a few may die
en route, or in anticipation of their death are clubbed, skinned, and
their pelts added to the quota. It is also true that sometimes there
are manifestations of weariness and exhaustion among the driven seals;
that driving causes some excitement; that occasionally smothering oc.
curs, and that there are other episodes happening on and about the
killing field which are necessarily incident to and must always form
part of the killing of seals on land, and which are likely to obscure the
judgment of the observer or be allowed to assume undue prominence
in his mind. But the chief question is the potency of these episodes as

Driving.

390 TESTIMONY

destructive agents. To what extent do they oceur and to what extent
do they effect the herd at large, are the points to be fairly considered,
and their consideration must not be influenced by any exage reration
due to the sensibilities of the observer. Care should be and is at all
times exercised to avoid needless waste, but after giving the greatest
prominence possible to the injurious methods which are alleged to have
been employed at different times since the American occupancy of the
islands, my observations lead me to believe that the loss of life from
the causes indicated above would be but a fraction of one per cent of
the seals driven; and I also believe that it cannot, with any show of
justice, be made to account for or play other than a very insignificant
part in the diminution of seal life. After my observations of two sea-
sons I cannot believe that creatures which in their maturity possess
sufficient. vitality to live for 80 or 90 days without food or water, and
which in their foetal life can be cut from the mother and still live for
days, are as bachelor seals injured in their virility or to any extent dis-
abled physically by the driving to which they are subjected on the
Pribilof Islands.
JOSEPH STANLEY-BROWN.

Subscribed and sworn to before me this 16th day of December, 1892.
| SEAL. | SEVELLON A. BRown,
Notary Public.

Deposition of James G. Swan, former inspector of customs, employee of
Indian Bureau and of Fish Commission of United States.

STATE OF WASHINGTON,
Jefferson County, ss:

James G. Swan, having been duly sworn, deposesand says: Iam seventy-
four yearsold, aresidentof Port Townsend , Washington,
and by occupation a lawyer. Iam also U. S. commis-
sioner, Hawaian consul, commissioner for the State of Oregon, and a
notary public. I came to the Pacific Coast in 1850 and to Port Town-
send in 1859, where I have since held my residence the greater part of
the time to the present date. From 1862 to 1866 I was employed in the
Indian Bureau of the Interior Department and stationed at Neah Bay,
and again from 1878 to 1881 I was inspector of customs at the same
place. In 1883 I also visited there in the employ of the Fish Commis-
sion.

In 1880, at the request of the late Prof. Baird, of the Smithsonian
Institute at Washington, I made a careful study ‘of the habits of the
fur-seal (Callorhinus Ursinus) found in the vicinity of Cape Flattery
and the Strait of Juan de Fuea, and the result of my observations is
embodied in the Naas U.S. Census (Report of U.S. Fish and Fisher-
ies, Sec. 5, Vol. 2, page 293. Fur-seal of Cape Flattery and vicinity)
and in the report of the U.S. Fish Commission. (Bulletin of U.S.
Fish Commission, Vol. 3, pp. 201 to 207.)

The observations upon which these reports are based were mostly

A ees confined to the immediate vicinity of Cape Flattery,
sealsofi CapeFlattery @00 I had at that time no opportunity for extended in
and. conat, of sB as rai fURi yas to the pelagic habits of the animals. The

fos natural history of the seal herd of the Pribilof Islands,
when upon or in the immediate vicinity of the land, had been minutely,
and I have no doubt accurately, described by H. W. Elliott in his mon-

Wxperience.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 391

ograph published in 1875. There had been up to that date no series of
observations nor good evidence on which to base the hypothesis that
the Pribilof herd and the large mass of seals annually seen on the lati-
tude of Cape Flattery were identical. On the contrary, there seemed
then to be many evidences that some other rookeries than those of the
Pribilof Islands were located at some point on the Oregon, Washington,
or British Columbia coast. Young seals were occa-
sionally found by the Indians upon or near the beaches,
and pregnant females were often captured by them so heavy with pup,
and apparently so near their full term of pregnancy, as to warrant the
belief that the young must be either borrin the water, upon bunches
of kelp, or upon the rocks and beaches on or near the coast. Young
seals were often brought to the Indian ‘villages, and the testimony of
both Indian and white hunters at that time pointed strongly to the
conclusion that the breeding grounds of the animals with which we
were familiar could not be far distant. I have myself seen the black
pups in the water when they appeared to be but a few weeks old, and
others have assured me that a considerable number were found trom
time to time swimming with their mothers. This phenomenon of con-
stant occurrence year after year, and in the absence of a wider range
of observations, we were naturally confirmed by them in the conclusion
to which I have above referred.

In recent years it has been demonstrated by the large catches ob-
tained off the coast by pelagic hunters, and by the testimony of a great
number of people whose attention has been directed to the matter, that
the herd of seals, of which we saw only a very limited portion from the
Neah Bay station, is a very large one; and it now seems beyond a
doubt that the comparatively few authentic cases in which pups were
seen upon or in the vicinity of the coast were anomalous, for it is
reasonable to suppose that in so large a mass of pregnant females an
occasional one would be prematurely overtaken by the pains of par-
turition, and that the offspring brought forth under favorable condi-
tions, a8 upon a bunch of kelp or some rock, should survive at least a
few days and be brought in and kept by the Indians, as I have
occasionally seen them. I have also seen at the villages late in the
season, in the hands of the Indian boys, live pups which had been re-
cently removed from their speared mothers, and whose vitality was
such that they continued to live for several days; butitis a well-known
fact that young mammalia may be born several days, or possibly even
a month or two, before full term and still survive. It is possible, too,
that as a source of error the hunters may have mistaken grey pups,
whose coats had been darkened by wetting, or those a few months old,
born the preceding summer, for the so-called “ black pups.”

At the Neah Bay station large bull seals are seldom seen, and the
major part of those killed are pregnant females having in them small
fetuses early in the season, say about January or February, and later
full-grown young. From all the evidence Iam able to gather, I be-
lieve the different classes of seals remain apart when upon the British
Columbia coast, the old bulls and immature young
males being chiefly found at a considerable distance
from the land, while the pregnant females and young males travel
close along the shore, and are frequently seen in limited numbers in the
straits and inlets.

In the light of investigation and 1esearch had since the date of my
observations, the most of which were made more than ten years ago,
I am satisfied that the mass of the herd from which the British Co-

Birth of pups.

Migration.

392 TESTIMONY

lumbia or Vietoria catch is obtained are born neither in the water nor
upon the land in the vicinity where they are caught; and it appears
most probable from the routes upon which they are followed, and the
location in which they are found by pelagic hunters between March
and August, that they originate in, migrate from, and annually return
to Bering Sea. ;
It has been stated in print that I said 1 had seen pups born on the
: kelp in the water. This is a gross misrepresentation.
ae Route oe I merely said that it had been reported to me that such
birth had been witnessed, and quoted as my authority
Capt. E. H. McAlmond, of the schr. Champion (p. 203, vol. 1, of U.S.
Fish Commission’s Report).
Pelagic sealing was carried on by the Indians at Neah Bay long be-
fore I first went among them, but they were then, and
pmaee. te herd by until within a few years, provided only with their ¢a-
ndians slight. = : 5 7
noes, spears, and other native implements, constituting
the necessary outfit for an aboriginal seal-hunter. The destruction
wrought by them upon the seal herd was, compared with the vast num-
ber of which it was composed, very slight, and did little harm to any
one, while the result to the Indians was then and is still of great im-
portance. Now, pelagic seal-hunting is carried on in quite a different
manner. Numerous expeditions are fitted out in well-equipped vessels,
some of them under both steam and sail, manned by whites and Indi-
ans, and armed with guns and spears. J am informed
Pelagic sealing and believe that the herd has greatly decreased within
must be checked. Ain : z
the last two or three years, and that if pelagic sealing
is not soon checked the herd will be driven hither and thither and so
decimated as to render it commercially valueless. This would be a
great wrong to the Indians, who are dependent ina great measure upon
the seals for a livelihood, as well as a needless, wanton waste, which
civilized nations ought not to permit. It can not be denied that the
natives, who have utilized the seal fisheries adjacent to their settlements
2 from their earliest history and profited by them, deserve
nterests of the In- . = = .
dians should be con. SOMe consideration. I believe that in order to preserve
eran es the rookeries upon the islands and build them up to
their former productiveness, it is only necessary to restrict pelagic seal-
hunting to the coast south of 54° 40’ and confine it to the use of the
primitive methods formerly employed by the natives.
JAMES G. SWAN.

Subscribed and sworn to before me this 27th day of May, 1892.

|SEAL.} CHAS. L. BAILEY,
Notary public in and for the State of Washington, residing at Port
Townsend.

Deposition of Charles H. Townsend, naturalist.

City OF WASHINGTON, District of Columbia, ss:

Charles H. Townsend, being duly sworn, deposes and says:

I am thirty-three years of age, and my profession is that of a natural-
ist. I am attached to the U. S. Fish Commission
steamer Albatross, with which Commission I have been
connected for nine years. Occupying the position of resident naturalist
on that vessel, as I did, I have collected constantly during this period

Experience.

oor tS

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 393

and have hunted with all kinds of firearms and under various condi-
tions. I have made seven voyages to Alaska.

I visited the Pribilof Islands for-the first time in 1885, spending the
months of June and September thereon in making collections of natural-
history specimens, including those of the fur-seal, of which I brought
down twenty. In the year 1891 I again visited the Island of St. Paul,
arriving there July 28th and remaining there about ten days. The
British Commissioners were on the Island at that time. I made frequent
observations as to the conditions of the rookeries during this period.
Early in the summer of 1892 I visited, at the request of the U. S. Gov-
ernment, Guadeloupe Island, for the purpose of acquainting myself
with seal life there and of obtaining skulls of the fur-seals which for- _
merly frequented those regions. Later in 1892 I once more visited the
Island of St. Paul, arriving there June 30th. Iwas there on the Island
and on the U. 8. Revenue steamer Corvin, cruising to the west of the
Islands, continuously until about August 15th, and wasengaged during
all of this time in the study of seal life either on land or in the waters
of Bering Sea, and have shot seals from a small boat.

I carefully noted the fact this year that the young seal is at birth at-
tached to a large placenta, equal perhaps to one-third
of its weight and of a bright red color. It is sometimes
not expelled until an hour or so after birth, remaining attached in the
meanwhile by the umbilical cord to the pup. It frequently remains
attached to the pup for a day or more. After parturition the female
takes an immediate interest in her young, and if it has fallen into some
slight rock crevice she gently draws it towards her, taking its nape in
her teeth. She repeatedly turns to it with manifestations of affection.

Prior to July 27th, 1892, many of the females had taken to water to
feed and could thereafter be seen returning at all times
to suckle their young. I quote the following written
memorandum made by me at St. Paul on that date: ‘“‘ Bulls on rookeries
getting exhausted and quiet, mostly sleeping. Cows largely at sea.
Some bulls have hauled out on sand beaches that so far have been bare.
Four-fifths of the seals on rookeries to-day are pups.”

July 28th I made the following note: “‘ Many females coming from
the water bleating for their young.”

Jhave killed sea-lions at the following localities, where they breed in
considerablenumbers, and found their breeding grounds
impregnated with thesame rank, disagreeable smell that ec cremenpi tions
is So noticeable a feature of the breeding grounds of the
Pribilof fur-seal: Light-house Rock, Alaska Peninsula, Farallone Islands
and Monterey Rock, California, San Benito Islands, Lower California,
and San Luis Islands in the Gulf of California.

The soil and rocks at these places is as foul with seal excrement as
at the Pribilofs, where urine, excrement, decaying placentas, and other
filth rubbed and trodden into the soil and rock depressions cause the
odors so characteristic of this vicinity. The rocks at Monterey may be
used in illustration: They lie near Cypress Point, four or five hundred
yards off the shore which the carriage drive follows, and are covered
with hair seals, which breed there. They are conspicuously stained
with excrement, and where the animals lie thickest the ground is
smeared and slippery withit. I collected sea-lions there in January of
the present year, and after my shooting had frightened all the animals
off to sea the rank smell of the place itself drifted across the channel
into the nostrils of the tourists of Hotel del Monte, who witnessed our
operations. It would indeed bean extraordinary occurrence if fur-seals

Birth of pups.

Feeding females.

394 TESTIMONY

did not deposit excrement upon their breeding grounds in the same way
that all other animals of this class do.

As already stated above, I was attached to the steamer Corwin during
the past summer, and I made all the examinations of
the stomachs of the seals referred to in Captain Hooper’s
report, covering, in all, thirty-three seals. I annex hereto photographs of
two of the seals which were dissected and examined by me on the deck
of the steamer Corwin. These seals were taken on the 2nd day of Au-
gust, 1892, at a distance of about 175 miles from the islands. The pho-
tographs exhibit the mammary glands and convey a good idea of the
considerable size of these glands, which in all cases were filled with
milk. The inference is unavoidable that the pup is a voracious feeder,
and this inference is in keeping with the observations I have made on
the rookeries where I have repeatedly seen pups suckle for half an hour
at atime. The mammary gland is very widely spread over the lower
surface of the animal; beginning between the fore flippers, in fact at
the anterior of the sternum, it extends well up under the armpits and
back to the pubic bones. The milk glands are quite thick and com-
pletely charged with milk. The photographs, especially the first one,
exhibit the milk streaming from the glands on to’ the deck.

Annexed to the report of Captain Hooper is a table giving the results
of the examination of forty-one (41) seals which were killed in Bering
Sea in 1892. It appears that of this number twenty-two (22) were
nursing seals. The photographs hereto annexed show exactly the
way all of these nursing female seals looked when cut open on the deck
of the Corwin.

From the fact that among the females thus taken and examined there
were found mostly nursing cows, with a small number
of virgin cows, it is reasonable to conclude that there are
practically no barren females swimming about in the sea unattached to
the islands, or that at any rate, if such seals exist, they are rarely, if
ever, taken. In all my experience I never saw anything to lead me to
the conclusion that there is such a thing as a “barren” female. In
the case of the virgin cows a careful examination of the uterus proved
them to be too immature for conception.

In the stomachs of many of the seals examined as above stated there
were found large quantities of fish, mainly codfish.
There is nothing surprising in this fact, that codfish
should be found in the stomachs of surface feeders such as seals are.
While taken at the bottom, the codfish is not restricted to deep water.
It is found from the shallows along the shore out to the banks where
fishermen usually take them. They are often taken at intermediate
depths, but fish taken at the bottom are, as a rule, larger.

The cod isa voracious feeder upon squid which abound at the surface.
In Alaskan waters I have taken hundreds with the dip net, after
attracting them with the electric light of the Albatross.* In its
frequent migrations from bank to bank the cod passes over tracts of
ocean where the water is of profound depth. It is a regular feeder
upon herring and many other fishes which school at the surface, and
in Alaskan waters frequently follows the fisherman’s bait from the
bottom to the surface.

As a result of my combined observations upon land and water, as
hereinbefore detailed, I have no hesitation in stating positively that
soon after a female gives birth to her young she leaves the island in

Nursing females.

Barren females.

Food of females.

*See Report of Work of Albatross, Bull. U.S. Fish Com., 1888,

FEMALE SEAL. SKIN REMOVED TO SHOW GREAT EXTENT OF MAMMARY GLANDS.

FEMALE SEAL. MAMMARY GLANDS REMOVED TO SHOW THEIR SIZE AND SHAPE.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 395

quest of food, that she travels great distances in search of it, and that
she returns to the islands heavy ay laden with milk.

While hunting in the Corwin’s boats many seals were fired upon when
asleep. They usually sleep with their head to leeward
and keep it moving uneasily from side to side, but with
the nose held clear. of the water. A sleeping seal has his vital parts
pretty well submerged—the nose, lower jaw, and flippers being usually
held above the sur face, although a little more appears at times accord-
ng to the condition of the sea and the movements of the animal.

Pelagic sealing.

One has to be very close to get a shot at the head that will kill it.
Many times the animal is wounded sufticiently to get
out of reach of the hunter before it dies. I had very
little difficulty in approaching sleeping seals close enough for a fair
shot, but much in killing them. Fair shots that scatter ed the charge
all about them, hitting the flippers, I firmly believe, and in some cases
drawing plenty of blood, were usually without result, uncil I learned to
fire directly at the head. Then the shots began to prove fatal, but even
then, unless hit in a vital part the animals got away, though bleeding
freely. At first I blamed the ineffectual firing on the car tridges, but
the cartridges proved all right as soon as I learned to aim at the lead
and not at the animal as a whole.

I learned atter some experiment that seals which dashed away ap-
parently uninjured were usually hurt, and after following them persist-
ently, at great labor to the boat-pullers, found that they were bleeding.

I believe that the majority of sleeping seals fired at are struck. The
number killed at the Islands with buckshot in them
bears out this claim to a considerable extent. I do not 4,..1ost Sleeping seals
see how an ordinary marksman can shoot at so large a
targetas a seal at short range with a double-barrel gun loaded with 21
buckshot without striking some of the exposed portions of the animal.

It is from the instaytly killed, that seals are secured; the wounded
animal uses its death struggle to get out of reach. W hat proportion

Wounding.

396 TESTIMONY

the seals reaching the Pribilofs with shot in them bear to those which
are fired at and escape (wounded, as I state above) is not known, but I
believe that fully as many perish leaving no trace as recover sufficiently
to reach the islands.

Feeding seals shot when raising their heads about the boats from
curiosity are more likely to be killed instantly than sleep-
ing seals, but they sink more quickly. A clear shot at
the head is afforded, which knocks the life completely out of them, and
the rest of the body being under water at the time it would seem that
the pressure upon the limp body forces the air fromit. Asarule seals
killed instantly, when the head is entirely clear of the water, go down
quickly, sinking stern foremost. Sleeping seals killed when the head
is low in the water float for a time, the head settling into the water
first, the air is retained in the body and it floats. I shot a seal off
Guadeloupe Island in May when it raised its head close to the boat,
killing it instantly. It sank before we could reach it with the gaff and
continued sinking, stern first, as we could plainly see far below in the
clear water.

Another illustration of the wastefulness of pelagic sealing might be
found in the number of cartridges expended. During
the work of the Corwin no record of this kind was kept.
The hunter usually carried two or three dozen cartridges, which were as
a rule expended before they returned to the ship. The number of seals
lost by sinking, number wounded, and number secured were recorded.

Repeated firing from the boats was often heard on board ship and a
large number of empty shells would be returned, when
comparatively few seals were definitely reported as se-
cured, lost, or wounded, all other shots being supposed tobe misses. I
do not think this feature has received proper consideration. The hunt-
ers were certainly average marksmen, and it is my belief that the great
mnajority of the sleeping seals fired at were struck. The guns used
were 10-bore Parkers, loaded with 21 buckshot. Time after time I
have seen the heavy charge strike about the sleeping seal, fully expect-
ing to see it killed, when, to my utter surprise, it would dive and come
up beyond our reach. It is incredible that the great number of seals
thus escaping were uninjured. How can one always find traces of
blood or signs of injury when the frightened animal is retreating at a
rate so rapid that it is soon out of sight, and especially as its course is
mainly under water, and it only appears at the surface with a porpoise-
like leap to catch its breath and then dives again,

CHARLES H. TOWNSEND,

Subscribed and sworn to before me this 10th day of December, A. D.
1892.

[SEAL. | JNO. B. RANDOLPH,

Notary Public.

Sinking.

Waste of life.

Ammunition used.

Deposition of William H. Williams, United States Treasury Agent in
charge of Pribilof Islands.

DISTRICT OF COLUMBIA,
City of Washington, ss:
William H. Williams, being duly sworn, says:
The British Commissioners, upon their arrival at the Pribilof Islands
in 1891, presented me a letter signed by Chas. Foster, Secretary of the

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 397

Treasury, wherein I was directed to extend every courtesy to them.
In pursuance of such instructions I did everything pos-

sible to aid them in getting information on the seal ,, Peis acne’
islands. I had the natives come to the Government”
House whenever they desired, that they might question them in regard
to the habits and conditions of seal life. I also gave them free access
to all records on the islands, including the daily Journals, showing
what transpired on every day of the year, and their secretaries spent
several days going through these records by themselves, making such
notes and extracts from them as they pleased. They were invited to
visit the rookeries, observe the drives and killings, to note the methods
of counting the skins into the salt-house, and to make any examinations
they pleased on the Islands.

Wm. H. WILLIAMS.

Subscribed and sworn to before me this 20th day of December, 1892.
[SEAL. | CHAS. L. HUGHES,
Notary Public.

Deposition of William H. Williams, United States Treasury Agent in
charge of Pribilof Islands.

DISTRICT OF COLUMBIA,
City of Washington, ss:

William H. Williams, being duly sworn, deposes and says:

Iam the U.S. Treasury Agent in charge of the Pribilof Islands; I
was in charge of the Government interests on those
Islands in 1891, and was present on St. Paul Island,
Alaska, July 27th, 1891, the date ot arrival of the English Commission-
ers, to wit, Sir George Baden-Powell and Dr. George M. Dawson. I
again went to these Islands in the same capacity in 1892.

At the time of the arrival of the British Commissioners in 1891 the
breeding grounds did not present the compact form they !
didaboutthe 12th of July, for disintegration and spread- jookeres when in
ing had been going on for several days, thus making
their appearance as to size very misleading. In 1891 [ instituted the
practice of frequent visits to the breeding rookeries by myself and Assist-
ant Agents Murray and Nettleton, and from about the 1st to the 20th of
July I required these visits to the rookeries to be made daily. Each
agent made careful note of his observations and reported to me the result
at the close of his day’s work. United States Treasury A gent J. Stanley-
Brown also cooperated with me in this work, and his statements con-
firmed the reports of the other agents. One of the objects of these visits
to the rookeries was to determine the condition of the harems and at
what date in that year the cow seals appeared in the greatest numbers
on the breeding rookeries. It was the unanimous opinion of all the
Government Agents that the breeding rookeries were at their fullest
July 12th, and the following entry was made atthe time in the Govern-
ment Journal on St. Paul Island, to wit: “Sunday, July 12.—During
the past five or six days the rookeries have been carefully scanned, and
it is believed that at this date they are at their very best for this year.
To all appearances it may with safety be presumed that the pups are
fully 95 per cent of the cows,” thus leaving only 5 per cent of the cows

Experience.

398 TESTIMONY

to bring forth their young after this date. I presume that by the 25th
of July not over 1 per cent of them were left.
On July 12th the cows, having nearly all given birth to their young,
ob: were going to and coming from the sea. The English
const of British Commissioners arrived at the Islands about noon of
July 27th and remained on and about St. Paul Island
until the morning of the 31st of July, at which time they sailed for St.
George Island, about forty miles distant, returning to St. Paul on the
evening of August 2nd and remaining untilthe morning of August 6th.
They next returned to the Islands August 19th and left August 20th,
again returning on the morning of the 15th of September, and took their
final departure September 16th. Theforegoing dates cover all the time
that the English Commissioners were on or about the Islands, and as
they had their quarters on board the 8. 8. Danube, anchored from a half
to a mile off shore, they spent but a portion of their time each day on
the Islands. During the time included in the foregoing dates there
were but three small drives of seals made and they were for food, to wit:

St. Paul Island:

Auioustw ord, neon nookery, alles eee seer = case eats eel eee 118 seals

August lith. Northeast Point Rookery, killed............--.-.----------- 467 seals
St. George Island:

August ist. North and Zapadnie Rookeries, killed .......--..----.------ 26 seals

The seal drives take place very early in the morning, and to the best
of my recollection the English Commissioners did not
British Commis- see a drive nor were they present at any of the killings
sioners present at but i = ba ©
one killing. on St. Paul except that of August 5rd. The principal
drives had taken place that year, as in ali previous
years, prior to July 27th, and between July 27th and August 11th only
«a few seals were killed, and those were for food. From August 11th
to October 1st no seals were taken for any purpose, except that during
this period 178 were killed tor food on St. George.

I visited Southwest and English Bays about the middle of July, 1891,
when the harems were at their fullest, in a small sail
boat and sailed close in shore near the rookeries; while
the seals were somewhat disturbed, yet they would only .
retreat a few feet from the harem when they would turn and show fight,
and as soon as we had passed them a short distance they would resume
their usual position on the rookeries.

In the fore part of July, 1891,I saw a cow seal give birth to her young

on Lukannon Rookery, and watched her for along time;
as ani of cow after giving birth to her young she fondled and c¢a-
ressed it; placing herself in a good position she gently
pushed it to her breast that it might suckle her, showing all the care
and affection for her young that is exhibited in other animals; a few
days thereafter while visiting the same rookery I came upon a cow seal
with her young sheltered behind a rock just back of the rookery; she
at once showed fight and refused to leave her young, but stayed with it,
and I went away leaving her there. Also in the latter part of July I
went out on the Reef just back of the rookeries on the west side, and
as I came near one of the rookeries there were a few cow seals that were
scattered some little distance from their harems; one of the cow seals
that had her young by her side picked it up in her mouth and carried it
some distance and then, placing it on the ground by her side, prepared
to defend it, and showed the greatest solicitude for its safety.

Seals not easily
frightened.

RELATING TO FUR-SEALS AND SEALSKIN INDUSTRY. 399

In the year 1891 there were no bachelor seals driven from Tolstoi
hauling grounds on St. Paul Island; since 1890 praeti-
cally no bachelor seals have hauled out on Tolstoi, but No ,(tiving from
the seals driven from this part of the island were taken
from a hauling ground known as Middle Hill, which is at least a quar-
ter of a mile from the nearest breeding seals.

On or about the 10th of November, 1892, when at the office of the
Alaska Commercial Company in San Francisco, I asked
and received permission to examine and weigh some of
the fur-seal skins from their warehouse where they had stored several
hundred bundles. I weighed one of the largest and one of the smallest
bundles. The first weighed sixty-eight and the latter twenty pounds;
I then had the bundles cut open and personally examined them. Pach
bundle contained but two skins. Those from the first bundle were
what are known as wigs, and those from the second what are known as
yearling pups; in both bundles there was the usual amount of salt,
but in the case of the smaller bundle the skins had quite an amount of
blubber left on them, which aided in absorbing the salt, and thus added

.very materially to the weight of the skins. In my judgment, the year-
ling skins when first removed from the seals would not have weighed
more than five pounds to the skin.

I also had the porter who handles and cares for the furs of the
Alaska Commercial Company try to bundle the two ea eee te
large and one small skin together, and although he TOE. 4Lath tO" Gia
was an expert at handling skins, anyone familiar ™4 bundle.
with the business would have quickly discovered that there was some-
thing unusual in the appearance of the bundle. I also had him try to
bundle the four skins together, but the failure was much more marked
than in the former case; and I am of the opinion that not more than
two skins can be bundled together without leaving marked character-
istics easy observabie to anyone of ordinary intelligence, and which
would have been instantly detected by the Government officers on the
island and by the inspector at San Francisco who examines them as
they are removed from the vessel.

I have read section 759 of the English Commissioners’ report. The
facts, so far as they relate to me, were as follows: On Sate sey seek
the morning of the 27th of July the watchmen at ish commissioners’
Northeast Point telephoned to the village that they "Por:
thought they could hear gunshots out at sea (it being too foggy to see
the boats, if any). Mr. Redpath and myself drove over to Northeast
Point and had a talk there with Mr. Fowler and the watchmen, and also
started to personally inspect the rookeries, A little later I was in-
formed that I was wanted at the telephone by Mr. Tingle. For all I
know, Mr. Tingle may have worked the telephone quite hard before
getting me to answer, because I was on the rookery. What he had to
say to me was that the English Commissioners had arrived at the vil-
lage and were very desirous of seeing me personally. I requested Mr.
Tingle to say to the English Commissioners that I would return to the
village at once. If anything was said about schooners or poachers by
me it was to the effect that I had seen none, for there were none to see.
Mr. Tingle, of course, could not notify me of schooners about North-
east Point, for I was on the ground and he was 12 miles distant.

A whaiing brigantine passed near the village July 29 and had a per-
fect right to do so without interference. It is a very common occur-
rence for the watchman to report sails from ten to fifteen miles off

Weight of bundles.

400 TESTIMONY

Northeast Point, and I have known several to be so reported in one
day. It is a noted track for whalers, and it would be absurd to detain
every vessel that sailed past the islands. Suspicious looking schoon-
ers are watched with sufficient care. If the vessel the Commissioners
saw had undertaken to raid a rookery it would have met with a warm
~ reception. Ido not pretend to say that the British Commissioners
were not vividly impressed with the events they record. I merely
state the facts as they were, so that everyone can form his own im-

pressions of them.
Wm. H. WILLIAMS.

Subscribed and sworn to before me this 20th day of December, 1892.
[SEAL. | SEVELLON A. Brown,
Notary Public in and for the District of Columbia.

OBSERVATIONS OF SEALS AT SEA.

Report No. 1 of seals seen by U. 8. S. Adams.

Date, 1892. Seals seen.
4 Hotes. Position: Latitude and longi-| ,; | .; Ey Cari a bee
= tude. a| a S oS |a|sle | islands
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UNALASKA, ALASKA, July $1, 1892.

Forwarded for the information of the State Department.

12364——26

THos. NELSON, |
Commander, U. S. Navy, Commanding.

R. D. Evans,

Comdr., U. S. Navy, Comdg. U. S. Naval Force, Bering Sea.
True copy from the records of the Bureau of Navigation, Navy Department, December 22, 1892.

F. M. RAMSAY,
Chief of Bureau.

401

402 : OBSERVATIONS OF SEALS AT SEA

Report No. 2 of seals seen by U. S. S. Adams.

Date, 1892. Seals seen.
}
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Position: Latitude and longi-| ,-| |. a 5 | ef : from
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Yi eee
Very respectfully, THos. NELSON,

Commander, U. S. N., Commanding.
DutcH HaArBor, ALASKA, August 18, 1892.

Forwarded for the information of the State Department.
: R. D. EVANS,

Oomdr., U. S. N., Comdg. U. S. Naval Force, Bering Sea.
True copy from the records of the Bureau of Navigation, Navy Department, Deco 22, 1892.

. M. Ramsay,
Chief of Bureau.

Report of seals seen by U.S. 8. Ranger.

————— eS th. ee « ow a cao

Date. Naw
Latitude and longitude. en es
Month.| Day. Hour. :
July...| 24 | 2:30a.m..| Lat. 57° 10’ N., long. 169° 26’ W ......----2+0ee-ee eee nec e eee e eee One.
Oe ZAM SS30i) (eee Uy hoe Lea (i! (os 1 L/D aie ee SS amare sc Gear ac mot One.
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wy 28 |9:00a.m..| ‘“* 56°01! * fe TP 168O et See eoeaten see eer eee aeae One.
About 20 seals seen from 10 to 15 miles SE. of St. Paul Island...
ae 80 | 10:30 ** ..| Lat. 57° 48’ N., long. 167° 38! W .......-.----------------- 220022 Two.
ee 30 | 12:40 p.m-.| ‘* 58°00’ * fhe GTO S04 Tt One.
oe S)-\).2300) i ** bh DOOD al tt Eee) a6 59. LOE se
Aug... eh 12 s00hmeses|. oe a OeLG! f° ff 166° 387 **
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se Dl uesa0 eo? Re Onde a se 165° 264% fs
OL 2 | 5:40 A! RS 51.2 BIB tote oa (91 Ne ER eer Sms cecic siemeneie etc. One.
we iB. |p oe0e ae mtr AHO Ga tance ned 6.32809 > Me ray eee IOI IOS 1 One.

True copy from the records of the Bureau of Navigation, Navy Department, December 31, 1892.
F. M. RAMSAY,

Chief of Bureau.

403

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61 0E
61 ‘0€
61 0E
06 ‘08
02 ‘08
02 “08
02 ‘0&
02 ‘08
06 0€
06 “0E
06 0€
02 ‘0€
02 ‘08
06 ‘0&
92 ‘0&
9 ‘0&
8T OE
OL 08
86 “62
06 “62
68°66
69 “66
69 “66
09 °66
09 *66
09 66
09 66
09 “62
09 “66
09°66
09 66
09 “66
09 “62
09 66
09 °62
09 '66
09 “62

”
”
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”

‘quourjredacy 07e4g OY} JO WOTZLULIOJUT O44 IOZ poprvMIO

GOEN Ea bbe is ket WretCNE Peak RDN Grohe tg of Cee ee eee

QL [irvitirrec reece eetcceetceeeesceeeeseeeseeeeee| oe: ay
Ga cr oe ee ee kee gee eee 2 cere age ees ee

AKA Rens SOR Ras eNOS Pert hn FAVES SF ache sat ys Spon Lees)

TC nearer oy sels stale mire Sy wtp acteas ge Sop Ns AE
pene “TTT AA BE OPLT NT ZF ofS | SHE
crmensnseten ssn sno™ sia (0G OOLT “NT: JO eee! Got LE
ransretsns shea sere = /E6- COND NN TOON ee EELS

BGR |“ Tres seo serereee-o =" mr 08 ORAL “NTE cout eae D

GBB! (ores secs scrmenrrino hor ole oMAl Nga meDes aL

2 “MV /ST oGLT “N /ST 089 | 0074
ORD eer een encom Olaoah DeaNers ond
WOT) ioe saree states eoaeines - eA ogi lmaNaOpond
GEV ceo or core ee ene aie Lae a) Er ee ee DL
Gal a ape i ae a pee The ad 8 EI ERE OOOH (EF A)

BIL [rrccc ett t terete tees s cece eect ac cec ese ncennccenn! TIIg

SUc|has Se ss weer ae mae ot AAg ISSO Dale No OSiOSg

OOOSOGCooocvoovovoooorracn

BEM.

TT
ee oS eee
-- :

9

orwarded for the Information of the State
Bering heme ares U.S.N, commandi
2"4 Cruise, July 26th. a August 7th.
1892.

otal no of matey 1550.
= ta iondutaeatcn eee observed 150.

Copied at the Office of the U.S.Coast and
Geodetic Survey, from Official reperts in the
possession of the State D.

Superintendent .

$Uuly 27

FAng!

No of Seats observed within Ure distance of 20......... mules From Islands 23
Foc brg ONO MR aa cs ea capnee
~ "720. 150. x Snes
Total no. F ia 1s observed 150
SECEDE OME SN SUIT SINE

Henry L Johnson, Coma: USN

<——— ————

17° ~ 170"

Sackent § Wiilheins Litho Co NY

St. George

U. §.S.Mohicar
Bering Sea
37" Gruise August 19th to August. 15th
1892. k
Total no. of miles run 1330. Fascia by Comar RD. Fvans, U SN. co.
.. Seals observed 57. US.Navat forces in Beriny Sea.

Copied at the Office of the US. Coast and Geodetic
Survey,from Official reports in the pessession of the

Sackets 6 Wilhelms Litho Co NY

.— ca ne a _
a :

‘ q
A Snr

i te. o J"
* dike iA et Pee

SEALING FLEET AND PELAGIC CATCH OF 1892

AMERICAN VESSELS.

Catches Catches
‘Name of vessel. Total {on Asiatic Name of vessel. Total {on Asiatic
catches. F catches. :
side. side.

VP WA ChIVE eet oR eles teeter ro ee 29 | Jas.G. Swan......... aes 440" ah cstemen =

2 | Albert Walker .......<- a eece wece 30: | PKiadiak ~-ssceke voces ccee $507 SS see

BY | PAV Ex AMC en! . a csmis amas ac] auiemsiciccet| ss oelels isin 31 | Kate and Ann.......... 1, 431 1, 372

AW ANCE ALS Orci oe 1,712 5 500) )|ltes2|) dan Nanta Jao Be en cates SISH sass eat Se:

bal PAN aGOnGave..-~ 465s sebers 1, 250 (Tt) 33 | Lewis White .....-....- 1, 000 1, 000

Gaieessievkintter: 2. so-ssec| isos |seeseeae ie 84. | hilly ts drccecs koe ee Bo Beer ope ses

lix| BBOnnneGAd! Fos 2ece a ccienincc 1, 815 PeS1OG oon Ghee meee cse eae ee 6G) |F anc cee oe

Stin@asctor.e-- oss- 3 1 (t) 36 | Louis Olsen......-. 3 1, 342 (1)

9 | C.C. Perkins..... BOM ee erie o aero 37 | Mary Brown 20) ta tacinese
TOE KCN Ge WHLO% csc cocie <n 988 700!||: 380 | Mary Barker = caeecc ess leosiec a> lsa|pencesme xe
My} Challengef. . .-50.2.000-% BOsss"s5" soured. | Mary Thomas <.stnc0.-- ASE meen ces
MDT Gor White tae an ecccen|nso-dedate ls «sneeeea fea i 9) 0 Seen ee es THO Sene sees
13 | City of San Diego.....-- 558 (t) 41 | Mattie T. Dyer ....°.... 1, 187 (fF)

AAG ae etyeg Sm, ora tig hot ara Gh ate ohall Pete ieie Fb s olatois eis cee AZ) Mas TOWER = cita1ais< tld o'clel |e ect = asl te eee
THY CoS: WI te oa. - cies ose OSip | mcee estes ASO MUS baa asa Sensis e'eie aa este 5G. 2 eke Gara
1G |POzarine@\eere wei ccc ecic'eise NOde erence 44° Moonhlioht): 20% (tess ccalacic ce so2- 0 cuareoesee
AG. | PDAWN eo <ente ob wat eee ieee LOB} | orciayas = ee 455) Pearls 2 ijn = tcae seat 30 5 SeeRetien
18 | EB. E. Webster .......... 46 | Rosie Sparks ........... GAs ae ame ale
19 | Emma and Louise 3 4 Saint Pals tates ok Dhilewes a keiee
20 | Emmet Felix..... 457)" SantWiefOl. se cceececces 2, 069 1,511
Ps Garclid. canes c see cee 49 | Sophie Sutherland...... UEOR) | Reraccacac
22 | Geo. R. Wihite-.-.)....... DON RRORSOR: -eNee aacine ce cece 122 eerie stats
PDF| ELGUL ON epee. a ctcier ate-c traits: ctenety oie ate Ss SlejcUmed auntedk: =< 4042- sacs B28 il aise ae
24 | Hellen Blum............ 52 A Bins arava actual oie tiate leila eo cueteniae =| eraiavomicrnieie
25 | Henry Dennis ........-- 53 | Willard Ainsworthf.... S804 Pat heesee
20: HOTMalts. - ..cee0 —_—-
PA fell) 30 Ree ees AEC Sa acer ee Ie Ene Total sacesessewee 28, 037 11, 948
DEP \WUVANNOO we Secor ccecwceces

* Wrecked. t Visited Asiatic side of the Pacific. t Scized.
BRITISH VESSELS.

1 | Agnes McDonald......- 964 S1a.| pote PW aeCot sasa24 02 cn ctere a2 446 119

ot | PAIMOKOLo cc kee chee acne oe AO eens Sil MAI GINS © ste wasstece' = ie tec sre 1, 702 748

3 | Annie C. Moore......... 990 447 || 39 | May Belle .............. 524 230

4 | Annie E. Paint......... 1,019 42h a 40 Mermaid a2 catecccstne ces 402 238

Dy eAMOl (OL) iricats cnptag ace mae 268) |< sare acon ate Momnies(l)aeccseeceene es Dill oer mrereacrs

GAPAMIOMA (2) acco ce cade etaelkicesee wees bwcsecece AQ VLIMIN G (Q)hseeoces ceases s 500) |. 2 secmecee

Ne PATIONAS ..astes vice wicca cme 1, 156 738 || 43 | Mischief ........... eae G61) es oe an at

2 PANIRONA a= ccc saa si oacercie Bfts) |ABOmee coe 44 | Mountain Chief*........

9 | Beatrice (Vancouver)... G7Z8ul Pesce secs |neon|eOcean) belles: os. ceases
10 | Beatrice (Victoria) ...... BD |e eee as asec 46 | Oscar and Hattie*

DUN PBOrealis: jlacisiecocicwet cet GOW Resstosce - AS Ottome. 22a tut teaee
12) STON al. 22 osece i 921 512 || 48 | Pathfinder............--
tS | CapesBealles. -- ~-iscncaec Mtl Seeoeccca: AQ Penelope: - oa .ninccewesce
TAC armMeliterc ce cnc sews CY OM pi eesoce o 50) | MPioneer!je- 2-0 svete ce eeoe
TSR PCND Rang soc cesses PW oem saan i 51 || Rosie Olsen*....<.......
16 | Charlotte G. Cox ....... 2, 737 696 || 52 | Sadie Turple ...........
WO. see DIE POG== o-cciere 2 = 1, 817 HA LOd: | SaPPMITGs ode cce ssc nate
18 | Dora Sayward .......... 897 Gaal tba. | Seanliion asec aencceiactste
LOUISE See vine Ieee sees sees: 2, 045 430) 55.) (Leresa)-o acct<cscsesnce
20°| Enterprise... --<ceseanss 507 DOR WOO 3 Mhastlex pet cows tocnccee
Me WAN OLN nse ciasie maleic en's 652 ZO2nteote ec LruMp hy «2 ee etree as
22 UW Tbe sara Steleiate o's menceaie AS in (Pear settcimiate 58s |aWimibrias- cece. oer
23 | Geneva..... . 1, 290 600)| 59 | Vancouver Belle...
24 | Henrietta* HDD) me smatate ae G0) | Venture, oo. Soe
25%| Katee. conccessws DOM Pe aede mes GIs Wichoniavececesnccese ce
26 | Katharine (3834 Seer aon G2aiWiaS oe occ ences soe
27 | Labrador UO are aero iain 63 | Walter A. Earle........
280) Muaurate= sei Soesescdeeca|ee cesses laticccacasts 64 | Walter L. Rich.........
On MCL UL Ate scons cetdeleh eas elseeme Rees |e ecine secs Gd: | SWianderer 2.22 ccia=
30 | Libbie ...... fSecorecses 39 Soccer esles 66 | Willie McGowan* ...... OBr seeeeceene
31 ay becee ee aaaiscate cate ael llamas seiee lee case nee OT WaIsned += 2 te kee oe ern LOO) Sees.
32 Lydia Danson wana des ociaws| Gee maewmaal Mhecemeaee GBs Wa be Halen toss eho ce. 416 416
33 RELIG MAC Ps wae ccesens| Geese selec Geosees sine 69 | W. P. Sayward ......... 1, 080 900
SLA VLA SA cee clcin cies lele Seon De eesisieae cele
35 | Mary Ellen ............. 846 304 Tohalicsscscncsoe cs 45, 357 14, 804
36 | Mary Taylor..... Scone Se OAT eenmisiee a
* Seized. t Wrecked.

408 SEALING FLEET AND PELAGIC CATCH OF 1892.

RECAPITULATION.
Total |Skins taken
number of | on Asiatic

skinstaken. side.
By AMOLICANLVCSSCIS foams dekwcatew echo ontwedcekan © «cece eu nlensaenmbedeeleGnbe= 28, 037 11, 948
By Jeritish) Vessels sos ean ee «ane See ae eke see ae as eee ieee see eee 45, 357 14, 804
MORAL actos usceeeos ees bes See sek Moo Soe ene Reise eRe tee REE ee 73, 394 26, 752

|

One hundred and twenty-two vessels took in all 73,394 skins; average catch per vessel, 601.59 skins.

Ninety-five vessels took on the east side of the Pacific Ocean 46,642 skins (from the Pribilof herd) ;
average catch per vessel, 490.96 skins.

Forty vessels took on the west side of the Pacific Ocean 26,752 skins (from the Commander herd):
average catch per vessel, 668.8 skins.

DISTRICT OF COLUMBIA,
City of Washington, ss:

George L. Scarborough, being duly sworn, deposes and says: I ama
clerk in the Department of State. The annexed table, compiled by me,
represents the vessels engaged in pelagic sealing and the nationalties
and catches of the same during the year 1892. The data from which
the table has been compiled are reports of officials of the State, Treasury,
and Navy Departments of the United States, statistics obtained from
persons engaged in the fur trade and by the press, and information
obtained from competent and reliable persons.

GEO. L. SCARBOROUGH. |

Sworn to before me this 24th day of December, 1892.
[SEAL. ] SEVELLON A. Brown,
Notary Public in and for the District of Columbia, U.S. A.

MISCELLANEOUS.

SEALSKINS FROM THE PRIBILOF ISLANDS ENTERED AT SAN
FRANCISCO, 1872 TO 1889.

Statement of the number of fur-seal skins received by the Alaska Commercial Company
from ports in the Territory of Alaska, and entered at the port of San Francisco, Cali-
fornia.

No. of No. of
Year sealskins. | Year sealskins.
99, 975 | PBB e aac ce mieaaia a aise a Sonclesienpie melanism 99, 766
QO AA WBS Deen acialn'e cle sown e ecek actce’aeceeccas 99, 922
Bp Pia ERR eee Cc see ho ae tnd ana a 75, 000
OP SIG aiipleskom one we os cMaet sna esniate ceca hoses 99, 960
BOROG4a MBBS oe octet a csete cece cememecinet 99, 850
Noy DAOal ll LBOOLcecaceuaecs paacees ccm metas utianec oe 99, 982
O9POSO WEBS cei wc clement meen aise sa etecmaeeaaree 99, 954
QOROG Aa BES erat km ce cticte wa cts Se Se cccumacceeen 100, 012

LED Sop SS ae aE i ce I FM | 1880--2-est esses cece cicececia 100, 000

I, the undersigned, hereby certify that the foregoing statement is
compiled from the original Return Manifests of the vessels conveying
said sealskins, now on file in the Custom House in the city of San Fran-
cisco; that such statement is compiled from the count made at the said
port of San Francisco by the United States customs officers when said
vessels were unloaded, as appears in the aforesaid Return Manifests.
Said statement has also been compared with the duplicate receipts to
the Alaska Commercial Company from the United States Treasury,
now on file in this Custom House, which said receipts were given on
payment of the agreed tax per skin on all skins taken by said Com-
pany on the Pribilof Islands, said receipts also containing the number
of skins on which said tax was paid; and that said statement and said
receipts, So compared, practically agree as to number of skins received
at this port by the said Alaska Commercial Company and the number
on which said Company paid the tax fixed by the lease of the Pribilof
Islands to said Company.

Done at the Custom House in the city of San Francisco, California,
this 18th day of November, 1892.

[SEAL. | E. B. JEROME,

Spl. Dy. Coll.
409

410 MISCELLANEOUS.

SALES OF SEALING SCHOONERS.
No. 243.

UNITED STATES CONSULATE,
BRITISH COLUMBIA,
Victoria, B. C., September 27, 1889.

I, Robert J. Stevens, consul of the United States at Victoria, B. C.,
do hereby certify that the signature of Theodore T. Williams at the
foot of the writing hereunto attached is his true and genuine signature
made and acknowledged in my presence, and that the said Theodore
T. Williams is personally known to me; and I do further certify that
the said Williams has sworn before me to the truth of the statement, to
wit: Statement setting forth the record of sealing schooners sold at
public auction by J. P. Davis, auctioneer, Sept. 26th, 1885.

In witness whereof, I have hereunto set my hand and affixed the seal
of the consulate at Victoria, B. C., this day and year next above writ-
ten, and of the independence of the United States the one hundred
and fourteenth.

[SEAL. | Rost. J. STEVENS,

Consul of the United States.

—__—

Victoria, B. C., September 29th, 1889.

Record of sales of sealing schooners at public auction, made by J. P. Davis §& Co., Vic-
toria, B

Copy made from page 416 of the sale book of J. P. Davis & Co., Victoria, B. C.—T. T. Williams.

SEPTEMBER 26TH, 1885—J. A. SAYWARD.

Steam schooner Thornton: Lien. Selling price.

Mortgage, $4,000; interest, $513.33 .......---..----- $4, 513. 33 $1. 00
Steam schooner Anna Beck:

Mortgage, $6,000; interest, $490 -.....-.-...-...--.. 6, 490. 00 1. 00
Steam schooner Grace:

Mortgage, $12,000; interest, $1,457.77........-..-.-- 13, 457. 77 1.00
Steam schooner Dolphin:

Mortgage, $12,000; interest, $1,457.77..........-.--. 18,457.77 1.00
One-half interest schooner Bonanza:

Mortgage, $3,000; interest, $440 -.-................. 3,440. 00 1.00
One-half interest schooner Wm. P. Sayward :

Mortgage, $3,000; interest, $385 -..................- 3, 385. 00 1.00
Schooner Rutter:

Mortgage, $1,500.00; interest, $72.50..............-- 1, 572. 50 1.00

46, 316. 37 7. 00

T. T. WILLIAMS.

TABLES OF CATCHES. 411

TABLES OF CATCHES.

~\

Spring and Coast Catches of sealing vessels, combined and compiled from the British Com-
missioners’ Report (pp. 205, 211, 212).

[Period occupied in sealing, four and one half months.]

Number of | Number of | Average Average

Year. z . number per|jnumber per

vessels. skins. Tesnels day.
TSB 0 eee ein a(n eem\p 4\ hopolcin s)o di aidelaeiaete sails nicotee cists Sapotarete « 21 12, 371 589 4.2
HIGHS 2S Sac oGe cbc boceSerec oo quo on ne adbeae 2ee Apne se See 30 21, 390 713 5.2
HBO ieee atetie o nciene aie neh sinine tameeetee aoa sin Seve eorece else 45 20, 727 460 3.3
Average for the year........ tells aleriale ele ae = aisle ie Horn Ssecore a scQseeosneoscsocascae 587 4.3

NotEe—Prior to 1889 the so called ‘‘Coast Catch” of that year was combined with the Bering Sea
Catch, so that it is impossible to tell how many seals were taken in the North Pacific alone. (See Br.
Comrs. Report, p. 211, note.)

Bering Sea Catches, compiled from the British Commissioners’ Report (pp, 205, 211, 212).

[Period occupied in sealing, two months,

Number of | Number of | Average | Average

Year. number perjnumber per

vessels. skins. eeeals day.
light) Gos aS eke Seas 6bedor Fos Soot SsogoodSe Scenesnosssce 16 15, 497 968 16.1
SSO eet oa oe etl tele temipidieeisn es alee sisinia:eletersne sie 24 18, 165 756 12.6
TT ao so do cmb Geb eS OU SeRaag sac boo aD IoC aaOuaonSHe 46 28, 888 626 10. 4
Average for three years ............-..0- Sr ob neeateSbcorecssosodorepoacsobisore 783 13.0

NoTE.— Until 1889 many skins counted in the Bering Sea Catches were taken in the North Pacitic,
so that no data can be compiled as to the Bering Sea Catches prior to that year. (See Br. Comr. Report,
p. 211, note.)

Average catch per vessel and per boat or canoe in the Spring catch* of the Victoria seal-
ing fleet. (Br. Comr. Report, pp. 205, 210, 211, 212.)

< ri Number of} Average
Number Spring Average

Year. of vessels.| catch. | per vessel. pa ga | Dabo
OBO wine siaseincielals iin Cie ote npn wiovcis ela otet a iclorata 16 11, 921 745 101 | 118.0
NOR Prete ataierainia ner ottoe es teers errs ott ata 16 8, 502 531 117 72.6
LS SSE Son aS ORS ABE Sh Gato ding SAL SBAdia 18 7, 676 426 147 52.3
EE) Re eRe OOS OOD OOS Sceiae Secor SSeCos 19 6, 129 3223 151 40.6
HWSO ietaaretejae ale reaais cre leictais ciate eines eeeale as 27 4, 658 1723 226 21.5
PRO cere mintatman Slee aisle aia aiajaes cintetee = = sicteratelciaiee 28 3, 565 124 229 15.5

*Prior to 1889 the so-called ‘Coast Catch” did not include skins taken north of
Vancouver Island (Note p. 211, Br. Comr. Report) and it therefore corresponds to the
“Spring Catch” in the table for 1889 and following years.

412 MISCELLANEOUS

TITLE-PAGE OF A LONDON CATALOGUE OF FUR-SEAL SKINS.

C. M. Lampson & Co.

London, 31st March, 1892.

AT THE SALES OF SALTED FUR-SEAL SKINS.

THIS DAY.

C. M. LAMPSON & CO.
Skins

632 N. W. Coast, &c., part stagy (low).... Sold ie wanes

pagum HORN. be. sc. ect. tuk eee cigar

GOAD, RIGG & CO.

1,519 N. W. Coast, part stagy (low)....... Soll ‘tho SAnienaen

£3,969. OaPn Goon HOPEin. sesssa--<etsas6 January last.

LETTERS FROM DR. ALLEN AND CAPT. BRYANT. 413

LETTERS TO THE SECRETARY OF STATE.

[American Museum of Natural Eiatery, Central Park (77th St. & S8thave.) Department of Mam-
malogy and Ornithology. J. A. Allen, curator. Frank M. Chapman, asst. curator.]

NEw YorkK City, Dee. 7, 1892.
Hon. JOHN W. FOSTER,
Secretary of State, Washington, D. C.:

DEAR Sie: Your letter of yesterday is before me. In the letter of
Captain Bryant, dated June 14, 1870, and published by me (Bull. Mus.
Comp. Zool., Vol. 11, No. 1, Aug. 1870, p. 88), the phrase “ the pres-
ent year” refers to the year 1870 and not to the year 1869.

The words “in 1869” on p. 332 of the ‘monograph’ should read in
1870.

In this connection it is safe to assume that we have no definite infor-
mation as to the number of seals occurring off the coast of Oregon,
Washington, and British Columbia during the years immediately pre-
ceding the year 1869, and we only know of their numbers there in 1869
in consequence of the fact that it was during this year “ that the first
practical essays were made in taking seals at sea” off this coast. (See
British Report, Sec. 64, and Judge Swan’s letter, p. 172, and first para-
graph of p. 174.) Probably seals would have been found here in just as
great abundancein previous years had any one had occasion to especially
look for them.

Very truly, yours,
J. A, ALLEN,

MATTAPOISETT, MASS., Dec. 15th, 1892.
Hon. JOHN W. FOSTER,
Secretary of State, Washington, D. C.:

DEAR Sir: I am in receipt of your communication of the 14th inst-
and hasten to reply. My letter of June 4, 1870, to Prof. Allen, was a
private letter containing such fragmentary additional information as I
had picked up in conversation with various parties whom I had met
during my stay in San Francisco while waiting for the revenue cutter
Lincoln to be got ready; and also from Capt. Scammon of the Lincoln
who had had some previous experience in taking hair-seals for their
oil on the coasts and islands of southern California.

In my search for information I found small parcels of dried fur-seal .
skins that had found their way down from the coast of British Columbia,
through various channels; as nearly as f can remember I estimated them
in all from fifteen hundred to two thousand skins; they were mostly
the pups of the year before (1869), and in their present condition were
hardly worth shipping to London. I was told by these parties holding
them that more than the usual number had been seen and taken
that season—the word “season” in this instance referring to the pre-
vious winter and spring, that of 1869~70—after the seals had left the
islands in 1869.

In making these inquiries I was told by these parties who had pur-
chased these skins that more than the usual number had been taken
there that season. In referring to this statement,it was intended to
mean more seals, comparatively, had been seen than in ordinary years.
I doubt not that the popular demand had stimulated the search more
than usual, which would account for the greater number observed.

I have no doubt, however, that the numbers of seals seen there vary

414 MISCELLANEOUS.

from year to year with the movements of the migratory fishes, which
they follow to feed upon.

In 1869 about 85,000 young seals were taken by the natives. I never
stated that any such number were taken in 1870. The full number taken
in 1870 was less than 25,000.

I remain yours to command,
CHARLES BRYANT.

LETTER FROM JUDGE JAMES G. SWAN CONCERNING BERING SEA
COMMISSIONERS AND H. W. ELLIOTT.

[Published by permission of Judge Swan.]

Port TOWNSEND, WASH., October 23, 1891.

DEAR Miss ScIDMORE: * * * JI received a telegram from Dr. Dawson, one of
the Royal Commissioners on Bering Sea, to go to Victoria and meet him and Sir
George Baden-Powell, the other commissioner, and talk about seals, and accordingly
I went on Monday, the 12th, and met the gentlemen at the Driard House and had a
very pleasant interview. Dr. Dawsonsaid: ‘‘Itis impossible for men living on rook-
eries to find out anything about the migratory habits of the seals, and we have
made this point our special study. Several books have been written on seal life from
information derived solely from men on the rookeries and naturally not many facts
have been elicited. We have found ‘habits of seals that are not even mentioned
in these works. Elliott’s work on seals is amusing. I have no hesitation in saying
that there is no important point that he takes up in his book that he does not con-
tradict somewhere else in the same covers. He says in one place that no imagina-
tion could picture more crowded islands than the seal rookeries, and, a few pages
after, states that the decrease of seals on those same islands was gradually getting
more noticeable. His work is superficial in the extreme.”

‘The Royal Commissioners did not confine their ivestigations to the Pribilof Group,
as hitherto all the American special agents and commissioners have done, but fol-
lowed down the coast, calling at various places to interview Indians, and even went
to Neah Bay and conversed with the old chief, who knows me and who corroborated
everything I have stated in my report to Professor Baird which Elliott denonnced as
unreliable. They found that all Lhave stated about the habits of the fur-seal at
Cape Flattery is strictly true. Dr. Dawson said that now an opposition company
has the lease of the Pribilof Islands, and the Alaska Commercial Company are will-
ing to tell of things which hitherto they have kept to themselves and they obtained
some valuable information fromthem which they will embody in their report. There
are different classes of seals in Bering Seaeasily distinguished. The Royal Commis-
sioners also have found that the seals of Cape Flattery do not go to Bering Sea at
all, but go to Cook’s Inlet, Cross Sound, and other of the Fiords and inlets of South-
eastern Alaska, where they are found and killed by Indians during the same months
of the breeding season on the Pribilof Islands. In short, he knocks Elliott’s mun-
chausonisms into smithereens and vindicates me in my statement, .

My friend, Capt. Hooper, of the United States revenue-cutter Corwin, told me on
his return recently that all through this controversy about seals and their habits
not one of the cutter officers had been required to report about seals until this sea-
son. ‘We did not attempt to make any volunteer statement,” said he, “‘but now
we are required to report, and mean to tell all I know.” ‘You have seen the seal
pups swimming around at Neah Bay, as I have stated,” said I. “‘ Yes, repeatedly,
and now that I have an opportunity I intend saying so. You have knocked Elliott
higher than a kite, and J am glad of it, because you have had truth on your side,
and Elliott had fiction and romance on his side.” The old saying comes true, said
I, that when thieves fall out honest men get their dues. Now, that these two monop-
olizing corporations have fallen out, truth will prevail. I have fought Elliott for
more than ten years, and now I have come out victor and I am glad of it. If our
special agents to the rookeries had been as careful to arrive at exact facts about the
aban of fur-seals as this Royal Commission has, I would have been vindicated

ong ago.

I intend writing an article on the present status of this seal question for the Seattle
Post Intelligencer, and when published I will send you acopy. Say to inquiring
friends that my flag is still at the masthead and never has been lowered in this
controversy with Elliott. When I know I am right I will stick to the truth before
any one. All your Port Townsend friends are well.

Very cordially,
JAMES G. SWAN.

Miss E. R. SCIDMORE,

1502 Twenty-first Street, Washington, D. C.

STATEMENTS AS TO SEALSKINS. 415

STATEMENT OF C. M. LAMPSON & CO,

64 QUEEN STREET, E. C.,

cs a London, Sth Decr., 1892.
We hereby certify that no bundle of fur-seal skins shipped to us by
the Alaska Commercial Company ever contained more than two skins.
We further certify that, to the best of our information and belief, all
sealskins taken by the Alaska Commercial Company from the Pribilof
Islands, throughout the term of their lease, were consigned to and sold

by us.
C. M. LAMPSON & Co.

STATEMENTS OF ALFRED FRASER.
A.—CONCERNING THE NUMBER OF SKINS IN A BUNDLE.

50 WALL St., NEw Yorxk Ciry,
December 7, 1892.

I hereby certify that during the years from 1870 to 1876 I personally
supervised the unpacking and counting of all sealskins received by
Messrs. C. M. Lampson & Company in London from the Alaska Com-
mercial Company. I havein this way seen many thousands of bundles
opened, but never saw or heard of one that contained more than two
skins.

ALFRED FRASER,
CITY AND COUNTY OF NEW YORK, ss:

On this 28th day of December, 1892, personally appeared before me
Alfred Fraser, the person whose name is signed to the foregoing, and
acknowledged to me that he executed the same. |

[SEAL. ] Epwin B. Woops,

Notary Public, Kings Co.; Certificate filed in N. Y. Co.

B.—CONCERNING THE NUMBER OF SKINS SOLD BY C. M. LAMPSON &
CO. FOR ACCOUNT OF THE ALASKA COMMERCIAL COMPANY.

Exhibit A, attached to my affidavit verified April 1, 1892, contains a
statement of thesalted fur-seal skins sold in London between the years
1870 and 1891. In order to deduce from this statement the number of
fur-seal skins taken by the Alaska Commercial Company under its lease
of the Pribilof Islands, this statement should be modified as follows:

(a) From the number of skins therein stated to have been sold in the
year 1870 there should be deducted about 5,900 skins which were taken
from the Pribilof Islands prior to the time when the said lease took
effect upon the islands.

b) The number of skins therein stated to have been sold in 1874
should be 99,150. Through a clerical error I originally gave this num-
ber as 90,150.

(c) The skins therein stated to have been sold in 1890 and 1891 were
not taken from the Pribilof Islands by the Alaska Commercial Com-
pany.

I annex hereto press copy of statement of skins sold by C. M. Lamp-
son & Co. for account of the Alaska Commercial Company from 1871
to 1884, which statement was prepared at London in the year 1884,

ALFRED FRASER.

416 MISCELLANEOUS.

NEW YorRK, December 6, 1892.
STATE OF NEw YORK,
City and County of New York, ss:

On this 6th day of December, one thousand eight hundred and
ninety-two, before me personally appeared Alfred Fraser, to me known
and known to be the individual described in and who executed the
foregoing instrument, and he acknowledged to me that he executed the
same.

[SEAL.] Epwin B. Woops,

Notary Public, Kings Oo., Certificate filed in N. Y. Co.

Alaska fur-seal skins sold for account of the Alaska Commercial Company.!

ry bao Cues "Rea 10a: BOS" ASTS. 2k. ee ee 99, 911
chy ipo Ta hee a 06 (983 141979. 3, Cet Le ee 100, 036
ABTB Gan dos eae ee 10372441880 27 Ate Sk ee 100, 161
DTA salad Silo Flac eh OY 150 | teS hes. ee ee a ee 99, 921
175 Me ea ee ee OEE Oat 2 bal (Oe NG ins ETE ar 100, 100
TU eee AG Be acy RA Dar ry fe = pega ere a aR pa EME 75, 914
(Piao fa pan ha emer a ee 75, 410

C.—CONCERNING THE WEIGHTS OF SKINS.

50 WALL STREET, NEW YORK,
December, 1892.

Looking over the invoices of sealskins shipped by the Alaska Com-
mercial Company from 1872~75, I find the smallest number of skins
in any one cask in each of these years of—

1872, 46 skins, weighing 568 pounds, or 124 pounds per skin.

1873, 389 it 6é 567 ‘ec ce 14 ‘e ce “ec

1874, 46 73 “é 640 6é 79 14 ce “ce ce

1875, 54 6c (fc 677 ce ‘é 124 “cc ce ‘cc

The gross weights above given include cask, skins, salt, and string.

The annexed memorandum shows the average weight of all skins
shipped by the Alaska Commercial Company.

There may have been, especially in the early years of the lease, a few
bundles of skins from the Pribilof Islands weighing as much as 60 lbs.,
although I never remember seeing any of this weight.

ALFRED FRASER.

Average weight of Alaska salted fur-seal skins shipped to London.

Average Average
Year. per skin, Year. per skin,
say— say—

Lbs. 02. Lbs. oz
NGidoecemwieen'aeee sictscas =< ebere ais eee TT 10 | | OO ee eapetce x awte see cee = <eeeeeactee = 3
BT Ae iate ee emia (oan ciieels ane cael oe eeenee 8 10 1882 - See doces oweraseteneeeeeaceeeeie 9 9
Rip amcoviseeaen kane aimciia son ae accep ses 10 5 WE RS ereare arate aweinte eeisiem miss Hoss inne tae leer!
Leia emeiemite erent ances abicivc coe bi tae cette 10 14 BAe elec emi ee Anan mete reenter aemetee 90
NOTE eaecomt eens cicclns yeaa otis sie ccmane 9 5 Es ciate ab inteta ea Siem meena = = tees teeter 122
POG s ceo memmidesinee voce she casace ea ces see 8 14 BR Or seaeices ese atic hetes eee eee 10 13
Gi ratemts (ote aeiaiinniasie ase icitinia/scieis sinisjoereee Unknow. \||PSkiaccks os oncamsnrceteran ms aeeaeeerees 9 “Al
STS sec ineeiete ester aeinis cieetnis 6 ei eeemae sa Seed LARS che es arcis de aa cekeemie ac eemeeeeniee 9 9
LOO ap am memati anata: morse a\csroce sts ecciata 8 15 CE Bac ee eer aeeme cmcc ae caesmee 8 13

URES Ae S36 53550 S ce odode Hoe ae BaSee 8 93

New YORE, 15th December, 1892.

1 This is compiled from the press copy referred to in the foregoing statement of
Alfred Fraser.

COMPOSITION OF PELAGIC CATCH. 417

CITY AND County OF NEw York, ss:

On this 28th day of December, 1892, personally appeared before me
Alfred Fraser, the person whose name is signed to the foregoing, and
acknowledged to me that he executed the same.

[SEAL. ] Epwin B. Woops,

Notary Public, Kings Co.; Certificate filed in N. Y. Oo.

STATEMENT OF C. W. MARTIN & SONS, LONDON, ON THE COMPOSI-
TION OF A CERTAIN PELAGIC CATCH OF SEALSKINS.

[C. W. Martin & Sons; telegraphic address, Tinmar, London.]

4 LAMBETH HILL, QUEEN VICTORIA SPey br, Or
London, December, 1892.

We have made a careful examination of the sex of each one of the
fur-seal skins designated in the annexed report and hereby certify the
correctness of the results given therein. We are of [the] opinion, based
upon the numerous holes found in them, that almost all, if not all, of
these skins were taken from seals which were killed in the sea by shot or
spear. Weare informed by Messrs. C.M. Lampson & Company that these
skins were received by them for account of the Russian Government
through their Mr. Fraser, to whom they were consigned, in the latter
part of the summer of 1892, at San Francisco, from Petropavlovsk by
the Russian Sealskin Company. The casks in which they were re-
celved, were numbered one to twenty-one, and were marked as fol-

lows: “R.S. 8. Co. @>”
C. W. Martin & Sons.

Report on 1,028 salted fur-seal skins as to sex, examined November 16th, 22d, and

28d, 1892. ,

Assortment, Pac d. Doubtful.| Male. | Female.
R. 8. S. Co. (aE. UE REPO ORC AE COME OCUCER EES SeeEe WN eee ies mas 25 SES.
UA STG oc eee eee ete so eece so adsedcee LO Jerncesance LO) |e 25
50 midland) SINS. on emscccineenes eae csi 50 oY eens 37
S22NAMAN Sova erecel- cess ances ceeciewe os 322 OI alatateiaia 286
© IGT eet aes wee sos aol ee eee ee 267 Fy ee 232
LOT mid ees ot os hee oetice cancoses 157 BO? Soe etee 127
36° ami) Oo spacers ce wane sme coos eam ces 35 0 ae ee 27
IN GxS SIMO DM Dae aet a aecteee esate eta 1 1 Roane Selleceae sono
Aurania, Qa midst Cubs ecceee see steesee eee ee Dl etsachseee Ps Ee Ae
3 mids. ee eats Soe ate asa sae Bylo doaeccaas Sup see ebieeie
Lip Mid; ANd BMS; CUbissss-eece cece. 17 ti lee eee 14
71 sms ‘ se se cata deat eae cle delelete 71 Ad | hae = crate 67
Alaska, 48 1a Sp OPSies onde at pont omae oxic doe ae 48 (Hi ae pScee 42
SPM ceretnocar eee see ten eae tae 37 Maaco os 25
Slama es east es ee At 5 alees Sey 3
i PAUL bY eS recesses eee cape ceeare asco TV) |esnpe acaae|bescae=s 1

ck. 1-21. —-—— —
1, 028 150 17 861
Per cent.
Moubtialesse secorsns to sess ae ote eee eas caw eee toed aus Rees weak awl Pan Si isheh Ngo aay 14, 58
NO ea at cles mo ceili aos wie ee mtr tar ee eters Sse na eae Ste SIR eae i wictlcrcle siclctans ela’ uw e'pidleid claw Ses 1. 66
PIM Al O Swea cen comnee wees aman rien cre cme eee eae cate mene a ee eats ence hea LS oe ae 83. 76

100

LONDON, November 26th, 189.2,
12364——_27

C. W. MARTIN & SONS.

418 MISCELLANEOUS.

REPORT OF SPEECH MADE BY ONE OF THE BRITISH BERING
SEA COMMISSIONERS.* c

SIR GEORGE BADEN-POWELL AND THE BEHRING SEA QUESTION.

Speaking last night at a meeting of his constituents in the Kirkdale
Division of Liverpool, Sir George Baden-Powell gave an account of
his mission to the Behring Sea. He said that Lord Salisbury told him
it was a very difficult, complex, and delicate question; that, above all
things, he wanted to avoid war with the United States, but that at the
same time he wanted to be strong, to show no fear in his policy, but to
show that he was not going to yield one jot or tittle of British rights.
[Loud cheers.] But Lord Salisbury had an additional purpose in send-
ing him there. Three or four years ago the Americans seized some
British vessels, imprisoned the captains and crews, and fined them for
taking fur-seals out of the high seas. This country, of course,
promptly denied that these vessels were acting illegally, and last sum-
mer and autumn, by their work in the Behring Sea, he thought they
had finally brought that awkward dispute, which might have resulted
in war, to arbitration, and it was his conviction that this country
would win in that arbitration. [Cheers.]

He spent three months in the Behring Sea investigating the full
facts. When he arrived there he found three British men-of-war and
seven American Government ships, the latter with instructions to seize
the British sealers if they attempted to seal; but the British Commis-
sioners were able, without any breach of the peace, to make satisfac-
tory arrangements which enabled the British sailors there to take home
what seals they had got. [Cheers.] He had some difficulty in getting
at the full facts of seal life on the American islands, but he managed
to become good friends with the Americans, and parted with them
affectionately after finding out all the facts. He discovered that no
one knew where the seals went to after leaving these American islands,
and he accordingly arranged that the three men-of-war placed at his
service and the transport steamer which carried himself should explore
all these seas. He thought they acquired, as a result of that explora-
tion, all the facts as to the migration of the seals—facts never before
known. To do this they had to go through a great deal of rough work;
the weather was cold and there was usually fog, except when there was
a gale, but somehow or other he found his body thoroughly suited to
these elements, perhaps more so than to the House of Commons.
Si eek id

Lord Salisbury had been good enough to say more than once that
what was done in the Behring Sea greatly exceeded his expectations and
those of her Majesty’s Government. [Cheers.] The investigations
they had made were important, but the friendliness they had estab-
lished with the Americans and the Russians had yet to bear fruit, and
Lord Salisbury was now very anxious that he should go back at once
to Washington, there to consort with officials of the American Govern-
ment, and to come to a joint agreement with them in view of the ap-
proaching arbitration. He was to leave on Saturday next, but he
hoped to go back after two or three weeks’ work in Washington, aud
to be able to report that the negotiations were as successful as the
investigations. He was happy to say that both sides had not only

* Extract from the London Times of January 6, 1892.

DECLARATION OF SEIZURE OF MOUNTAIN CHIEF. 419

agreed to leave the question to arbitration, but had agreed on the
details of the arbitration, and he was convinced that all right-thinking
public men, both in America and this country, were delighted to find
that this serious bone of contention was to be put out of sight in such
a happy and peaceful manner.

DECLARATION OF SEIZURE OF THE BRITISH SCHOONER MOUN-
TAIN CHIEF.

By THomas NELSON, Commander, U. S. Navy.

I, Thomas Nelson, commander, U. 8. Navy, commanding U. 8. 8.
Adams, 3rd rate, do hereby declare that, on the twenty-ninth day of
July, eighteen hundred and ninety-two, in latitude 54-57-09 N., longi-
tude 170-18-30 W., I seized and took possession of the schooner named
Mountain Chief, of Victoria, B. C., whereof Julius Mohrhouse is master,
and James Newasscunis, the registering managing owner, with all her
crew, equipment, stores, and every article of whatsoever nature on
board of her; the said schooner and her crew being then and there
employed in taking seals in Bering Sea.

On the arrival of the boarding officer, Lieutenant D. W. Coffman, U.
S. N., on board the schooner, he found seven seals on her deck, which
had not yet been skinned, and six of which were females, a number of
Skins in the schooner’s hold, and implements for taking seals, includ-
ing two Indian boats or canoes; and further, that at the time of board-
ing the said schooner Mountain Chief one of her boats, with two Indians,
was out and did not return to the schooner until after the seizure had
been decided.

(Signed) . THOS. NELSON,
Commander, U. S. Navy, Commanding U.S. 8. Adams.

True copy from the records of the Bureau of Navigation, Navy De-
partment, Dec. 27, 1892,
F. M. Ramsay,
Chief of Bureau.

CERTIFICATES AS TO SALE OF SCHOONERS SEIZED. 421

CERTIFICATES AS TO SALE OF SCHOONERS SEIZED.

.

In THE DISTRIOT COURT OF SITKA, ALASKA,
No. 79.

UNITED STATES
vs. In admiralty. Writ of venditioni ex-
STEAM SCHOONER DOLPHIN, { ponas of the date Feby. 10, 1888.
HER TACKLE, ETC.

FOR UNLAWFUL SEAL FISHING IN THE WATERS OF ALASKA.

1888.
Sept. 7. Transferred to U. S. Marshal T. J. Hamilton by Barton
Atkins, U. S. marshal of Alaska, by order Department
Justice. Steamer at Port Townsend, W. T.
1889.
March 26. Sold steam schooner Dolphin, tackle, etc., to Will-
iam Olsen for $1,225; com. on sale 2 per cent

first $500, 1 per cent on balance.........-...- $17. 25

March 28. Towage, dockage, and moorage paid, voucher 1,
8. B. Hastings, owner steamer Hnterprise. ...-. 40. 00
April 6. Amount returned clerk court, Sitka, Ala ....... 1, 167. 75
Total proceeds of sale...........-.-..... 1, 225. 00

April 6. Sent Barton Atkins, U. S. M., Sitka, Alaska, 4
Gf COMMISEION Of Sale i sc< 2 dec ss wees ce eas 4,31

UNITED STATES OF AMERICA, :
District of Washington. \ ss:

I, Thomas R. Brown, United States marshal for the district of
Washington, do hereby certify that the foregoing is a true and correct
transcript of the record in the above-entitled case as the same appears
in my office, in the docket of T. J. Hamilton, United States marshal
for the Territory of Washington, at page No. $9.

In witness whereof I have hereunto set my hand at Tacoma, Wash.,
Dec. 29th, 1892.

TuHos. Rk. Brown,
U. S. Marshal.

422 MISCELLANEOUS.
In THE DISTRICT COURT OF SITKA, ALASKA.
No. 80.

UNITED STATES In admiralty. Writ of
V8. venditionti exponas of
STEAM SCHOONER GRACE, HER TACKLE, ETC.} the date Feby.10, 1888.

FOR UNLAWFUL FISHING IN THE WATERS OF ALASKA.

1888.
Sept. 7. Transferred to U.S. Marshal T. J. Hamilton by Barton At-
kins, U. S. marshal of Alaska, by order of Department of
Justice. Steamer at Port Townsend, W. T.

1889.
March 26. Sold steam schooner Grace, her tackle, etc., to
Carrigan & Lowe for $1,525; com. on sale.... $20. 25
March 28. Towage, dockage, and moorage, L. B. Hastings,
owner Enterprise, paid voucher 1..........-.. 40. 00
March 27. Wharfage from Sept. 7 to 21, 1888, $20.00 for four,
voucher 2,0). Aj hUMR, = 206 eae eee ee 20. 00
April 6. Amount returned into court, Sitka, Alaska ..... 1, 444, 75
Total. proceeds, of sale ~~ «2:20.35 - sm s-=0-,¢- 1, 525. 00
April 6. Sent Barton Atkins, U.S. M., Sitka, Ala., 4 com.
(LAA Ged cee Octo nebo mice ces me ele ee 5. 06
UNITED STATES OF AMERICA, :
District of Washington. } eee

I, Thos. R. Brown, United States marshal for the district of Wash-
ington, do hereby certify that the foregoing is a true and correct tran-
script of the record in the above-entitled case as the same appears in
my office in the docket of T. J. Hamilton, United States marshal for
the Territory of Washington, at page No. 100.

In witness whereof I have hereunto set my hand at Tacoma, Wash.,
Dec. 29, 1892.

THos. kh. BRown,
U. S. Marshal.

IN THE DISTRICT COURT AT SITKA, ALASKA,

No. 82.
Ue aoa In admiralty. Writ of venditiont ex-
ANNA BECK a Shee ponas of the date of Feb. 10, 1888.
? ) :

FOR UNLAWFUL FISHING IN THE WATERS OF ALASKA,

1888.
Sept. 7. Transferred to U. S. Marshal T. J. Hamilton by Barton
Atkins, U. 8. marshal of Alaska, by order of Department
of Justice. Steamer at Pt. Townsend, W. T.

SCHOONER .ADA, HER TACKLE, ETC. 423

1889.

March 26. Sold steam schooner Anna Beck, her tackle, etc.,
to Chestoka Peterson, for $907; com. on sale. . $14. 07
“ 628. Towage, and dockage, and moorage, paid voucher 1 40. 00
April 6. Amount turned into court Sitka, Alaska........ 852. 93
Total proceeds ofsale: 25020) 2.) 72 INe 907. 00

-- ““ Sent Barton Atkins, U. 8. M., Sitka, Alaska, 4
COM, Olsale sos fe ae are oe ee ese’ ee oe Rone 3. 52

UNITED STATES OF AMERICA, ‘

District of Washington. a} sia

1, Thos. R. Brown, United States marshal for the district of Wash-

ington, do hereby certify that the foregoing is a true and correct tran-

script of the record in the above-entitled case as the same appears in

my office in the docket of T. J. Hamilton, United States marshal for

the Territory of Washington, at page No. 101.

In witness whereof I have hereunto set my hand at Tacoma, Wash.,

Dec. 29, A. D. 1892.
Tuos. R. BRown,

U. S. Marshal.

In THE U. 8. DISTRICT COURT AT SITKA, ALASKA,

No. 83.
UNITED STATES In admiralty. Writ of venditioni
US. exponas of the date of Feb. 10,
SCHOONER ADA, HER TACKLE, ETC. 1888.

FOR UNLAWFUL FISHING IN THE WATERS OF ALASKA.

1888,
Sept. 7. Transferred to U.S. Marshal T. J. Hamilton by Barton At-
kins, U. 8. Marshal of Alaska by order of the Depart-
ment of Justice. Schooner at Port Townsend, W. T.
Dec. 26. Publishing notice of sale, $15.00 for four, voucher

1889. 1, P. T. Call, Flower and Willoughby. .-......- $15. 00
March 26. Sold schooner "Ada, her tackle, etc., to J. C. Nixon,
for $1900; com. Gre gale Se ACMI oe 24. 00
“6-28. Towage and dockage and moorage paid, voucher
2, Tee Hastings ewner>Virgumas. ©0255.) 40. 00
« 98, To coal oil and lantern globe, Noy., Jan., and Mar.,
youcher's; Jd.) Labumer:-& Cow. oa. 29 Seen eos 9. 00
April 6. Amount turned into court Sitieas Alar dsete odie. . 1, 812. 00
otal proceed sot Sale... 62. 5-2-.-.....-- 1, 900. 00

April 6. Sent Barton Atkins, U. 8. M. Sitka, Alaska, 4
ATTN ADEE NANG olan eta eva a Syste ararS'e) drp.o.s </2a\e o'6) 0,0, 6. 00

434. MISCELLANEOUS,

UNITED STATES OF AMERIOA. } ,,,
District of Washington. ' j

I, Thos. R. Brown, United States marshal for the district of Wash-

ington, do hereby certify that the foreging is a true and correct trans-

cript of the record in the above-entitled case as the same appears in

my office in the docket of T. J. Hamilton, United States marshal for
the Territory of Washington, at page 102.

In witness whereof I have hereunto set my hand at Tacoma, Wash.,

Dec, 29, A. D. 1892.

; THos. Rk. BRown,
U. S. Marshal.

TABLES OF ANNUAL KILLINGS, PRIBILOF ISLANDS, 1871-1889. 425

TABLES OF ANNUAL KILLINGS, PRIBILOF ISLANDS, 1871-1889.

Table Showing the Total Number of Fur-Seals Killed on the Island of St. Paul,
for all Purposes, from 1870 to 1889, both inclusive.

(Compiled from tables on file in the Treasury Department. ]

Seals Ialled for natives’ food. Seals killed for skins for | Totals of bachelors killed,| Grand

lessees. accepted, and rejected. | total of
Year. ; 3 Shy |NECEE Sea es ean Pea eee
Pups, | Bach- | Skins) Sims! Bache- | Skins |S5I"S/ Bache. | Skins | Skins /killedfor
elors cepted.|jected lors. | accepted. jected. lors. | accepted. jected.| poses.
1870....| 2,800 | 6,449 |....... 6, 449 6, 065 6, 017 48 12, 514 6,017 | 6, 497 15, 314

1871....] 3,877 | 2,341 | 2,290 51 75, 585 74,628 | 957 77, 926 76,918 | 1,008 81, 803.
1872....| 5,121 | 6,916 | 5,365 | 1,551 69, 782 69,576 | 206 76, 698 74, 941 | 1,757 81, 819
1873....| 5,489 | 2,090 ; 1,198 892 74, 408 73,884 | 524 76, 498 75, 082 | 1, 416 81, 987
1874....| 4,897 | 4,874 | 4, 225 649 88, 368 88,258 | 110 93, 242 92, 483 759 98, 139
1875....| 3,745 | 6,282 | 5,784 498 84, 933 84, 860 73 91, 215 90, 644 571 94, 960
1876....| 3,958 | 5,061 | 3,064 | 1,997 74, 138 74, 137 i 79,199 77, 201 | 1,998 83, 157
1877..-.| 5,007 | 4,041 | 2,853 | 1,188 58, 762 58, 732 30 62, 803 61, 585 | 1,213 67, 810
1878....| 5,206 | 4,718 | 3,632 | 1,086 78, 595 78, 570 25 83, 313 82, 202 | 1,111 88, 519

1879....| 5,071 | 5,970 | 3,898 | 2,072 | 77,280] 77,280]...... 83,250 | 81,178 | 2,072] 88,321
1880....| 4,413 | 4,466 | 3,048 | 1,418 | 75,900] 75,872} 28] 980,366| 78,920|1,446| 84,779
1881....|....---| 7,527 | 6,057 | 1,470 | 76,236| 76,169| 67| 983,763| 82,226|1,537| 83,774
hy ee Eee 5,175 | 3,362] 1,813} 74,659] 74,581| 78| 79,834] 77,943]1,891| 79,834

1883....| 2,982 | 3,168 | 2,194 974 57, 145 57, 070 75 60, 313 59, 264 | 1, 049 63, 295
1884....| 2,741 | 3,907 | 2,582 | 1, 325 82, 213 82, 086 127 86, 120 84, 668 | 1,452 88, 861
1885... .] 2,788 | 3,184 | 2,508 676 82, 908 82, 866 42 86, 092 85, 374 718 88, 880
1886....} 2,824 | 3,081 | 2, 480 601 82, 180 82, 150 30 85, 261 84, 630 631 88, 085
1887....] 2,177 | 4,207 | 3,975 232 82, 708 82, 679 29 86, 915 86, 654 261 89, 092
1888.-...| 2,178 | 3,762 | 3,700 62 80, 330 80, 314 16 84, 052 84, 014 78 86, 270
1889....} 2,280 | 3,400 | 2,570 830 81, 712 81, 698 14 85, 112 84, 268 844 87, 392

Totals .|67, 554 90, 619 |64, 785 |25, 834 |1, 463, 907 |1, 461,427 | 2, 480 |1, 554, 526 |1, 526, 212 |28, 314 /1, 622, 091

Note.—The above table includes all seals killed from all causes, either intentional or accidental, in-
cident to the taking of sealskins on the island of St. Paul.

CERTIFICATE OF AUTHENTICATION,
UNITED STATES OF AMERICA.

TREASURY DEPARTMENT,
January 5, 18938.

Pursuant to Section 882 of the Revised Statutes, I hereby certify
that all the items appearing in the annexed paper are true copies from
official tables on file in this Department.

In witness whereof I have hereunto set my hand, and caused the
seal of the Treasury Department to be affixed, on the day and year
first above written.

[SEAL.] CHARLES FOSTER,

Secretary of the Treasury.

426

MISCELLANEOUS.

Table Showing the Total Number of Fur-Seals Killed on the Island of St.
George, for all Purposes, from 1870 to 1889, both inclusive.

[Compiled from tables on file in the Treasury Department. |]

Seals killed for natives’ food.| 521s ae ssn eke for rene! apceneae beac Fee
ear. Skins | Skins Sking | Skins imag | Skine [cilled for
Pups Bach- he an Bache- Skins _ | Bache- Skins re- | all pur.
elors cepted. |jected. lors. | accepted. jected. lors. | accepted. jected.| poses.
eS ae ed eee a eee ae ne Pe ee eee | eee eee een he ee ee eee
1870. = 2} 2; 200 {=< 2c safeeeee ae eae 7, 259 T2090" Pianta ase 7, 259 a eae 8, 459
1871....| 2,090 237 Ot a aeeerse 18, 830 18,6305 |coecee 19, 067 19) 067 Jzc Jone 21, 157
197026000) | Bessemer ete s| eee cee 25,000 | 25,000 | ...... 25,000 | 25,000 |....... 27, 000
WSN Beem} ety DOO Sac cnc clotewew el cicwoesis 25, 000 25,000 | ...... 25, 000 20,0002) oscars 27, 190
LSTA et Daa eee Soe ec [sce anes 10, 000 10;000: | ss. = 5 10, 000 10; 000)) =) son: 12, 446
Lass ase | oT bea 1 ee | a eA A at 10, 000 LO;O0C Sees 10, 000 10; 0003) <-e2e 11, 500
1876 BG Sees | ee eee! eee 10, 000 10,000) |. ee = 5 10, 000 10,000.15... = 11, 500
1877....-} 1,500 256 206 |Eisetcie 14, 744 14, 744A sees! 15, 000 452000))..22.. 16, 500
1878....| 1,500 | 1,532 | 1, 216 316 17, 772 LY, TIO | somone 19, 304 18, 988 316 20. 804
1879. ...| 1,506 843 564 279 19, 841 19, 758 83 20, 684 20, 322 362 22, 190
1880....] 1,330 702 565 137 18, 907 18, 830 77 19, 609 19, 395 214 20, 939
1881....| 1,031 812 509 303 19, 446 19, 360 86 20, 258 19, 869 389 21, 289
WAS2Es =| i 2b o ole 483 371 112 19, 495 19, 440 55 19, 978 19, 811 167 19, 97
1883....} 1,000 475 468 7 14, 739 14, 675 64 15, 214 15, 143 71 16, 214
1884....] 1,500 345 223 122 14, 728 14, 620 108 15, 073 14, 843 230 16, 573
1885 1, 080 319 304 15 14, 745 14, 686 59 15, 064 14, 990 74 16, 144
1886. ...} 1, 286 544 413 131 14, 606 14, 578 28 15, 150 14, 991 159 16, 436
1887....| 1,356 585 471 114 14, 727 14, 725 2 15, 312 15, 196 116 16, 668
1888... 978 | 1,409 | 1,321 88 14, 647 14, 582 65 16, 056 15, 903 153 17, 034
1889....} 1,071 512 280 232 18, 642 13, 641 1 14, 154 13, 921 233 15, 225
9,054 | 7,198 | 1,856 | 318,128 | 317,500] 628

Totals 8: 064

Note.—The above table includes all seals killed from all causes, either intentional or accidental,
incident to the taking of sealskins on the island of St. George.

CERTIFICATE OF AUTHENTICATION.

UNITED STATES OF AMERICA.

TREASURY DEPARTMENT,
January 5, 1893.

Pursuant to section 882 of the Revised Statutes, I hereby certify that
all the items appearing in the annexed papers are truecopies from
official tables on file in this Department.

In witness whereof I have hereunto set my hand and caused the
seal of the Treasury Department to be affixed on the day and year first
above written.

[SEAL.] CHARLES FOSTER,

Secretary of the Treasury.

TABLES OF ANNUAL KILLINGS, PRIBILOF ISLANDS, 1871-1889, 427

Consolidated Table Showing the Total Number of Fur-seals Killed on the
Eslands of St. Paul and St. George for all Purposes from 1870 to 1889, both
inclusive.

[Compiled from the two foregoing tables.]

Year. Number. Year. Number.

PSiIObs sew ces ees en cciacsabneecevecsces rma LOG Pe naian os Bis oa ois auwa ne QeMtanae eee eee 105, 063
(de eee Sec eieiciac ses ceased seamen HOA UOUM LSB Ne tues aaa arene cies ee cement oe 99, 812
WB tesa tte sicicta ee acinar see's cewinkk wre'erevaias IOS SUSE | MBB oe ames apie cisic ce ate sine wa Sheneeees 79, 509
PSO eS ene arate eta Sine wig ala avarateeialn;cleveceveietetsns RODS Ete] | LOLs orien setae a sek cam amiee ooceceneeces 105, 434
EG Sees oa cima ais as ao eee acces es ws HO FOSOD | PISS. cc cean ma Nance de ceme ces cas ases ats 105, 024
MR 7On sc nasinsw enn atoer cece een S he LO GSACON USSG se oo anton naa cememate loScc paw acges 104, 521
WS Gaia ccrte ae ci atta aie Pas ales peo siewe ome Ue ed 57 fall [ts 82)2]7 | Se Sa a ee 105, 760
PST sesame oe aenisn Seta oie ales SALON WAS Ss cisonisctad clecmnawe ciosee's cmacesses 103, 804
Meine ta aoe ees acs cteocoset ase ne OS sak || PL OOOs acisambrs setaeee cate keene cbpeas s/c 102, 617
TRIB. wn - sonweeecesenone nee saeeseoes Ce Total in 20 years..........----. ‘4,977, 337
1 oS Re ee Oe a le ee ee rs 105, 718

Average annual killing from 1870 to 1889, both inclusive, 20 years, 98,867.
Average annual killing from 1871 to 1889, both inclusive, 19 years, 104,070.

Table Showing Annual Killings at Northeast Point, St. Paul Island, 1871-1889.

(This table, compiled from the tables of killing found in the Appendix to the UCase of the United
States, Vol. II, p. 117, et seq., shows the number of fur-seals killed annually at Northeast Point
Rookery; the number annually killed on St. Paul Island, and the percentages of the former to the
latter. ]

: . Percentage
Seals killed | Seals killed g
Year. at North- |on St. Paul |°f Northeast

east Point.| Island. eae

eva a eee sisine unin cer iadmci sedelame c aarsninceisieisa tans Sats scmabceemess 18, 621 77, 620 23.9
PRG cet serrate te raratawre ercia a alae atcnie pine vaine we b Wide ce aclbne cen o oa uk daciacece 25, 147 75, 352 33.0
Wiens ae annis cs weaes cies solam ence dene cess touceaceweaecaiee cases 26, 369 75, 437 34.9
PAs acer cree estes ac chicas Dh tare a Ye aie etc ee ME eros etal che ein whem aeons SS ctule 34, 526 92, 221 37.5
US keto tee aeaicta cena aiareectmre Gra ote icici matnniare te tavclciaimie'Sie ce eiciosisimeearaeea’ SOs Le 90, 036 39.0
ST Ope crncerematae = enis scinaiae Se renee are ic sic sed oteiniaait We cine casieeeles 26, 014 77, 900 33.3
geese Sala iors cars DG oe wine Senos Eee tn lee Uo daumebee em oeee 20, 266 61, 584 32.9
STB acer cae calms Bee ag RS eo ere aS he eee Seen siclias iS ee a a ictwiataie 23, 011 82, 152 28.0
a ae eaten ccs ae worete cio ae ue eaiee cecanee Bee Pe ae ae 29,174 81, 004 36.0
SRO Ree Sete eerie coo aie as ain wre eee ae one onieabictn tints wae ep Eebeseo eee 25, 862 78, 923 32.7
LRCID LSPSERE SSR aes ea ae ge CR a a a een te ea eae 17, 952 82, 386 21.7
MOR eer tteette erate are ee nlc BO ee wicca lee ee eee ote tease Soe 23, 303 77, 798 29.9
NS kes rerte cemtecltc etc eo eee eit ace oes ee ean woe eens imeseeeeae 13, 376 59, 258 22.5
TIE es ay ca BS pe Se rs et SS A a oe Me a ed een eae 23, 099 84, 733 27.2
PB BES Ses e rte es one cromata acre aaa aetia ae tees ere ania aie ea Cain ow clmaceuies 19, 818 85, 395 24.3
ORG aes eee bo ae cea Saree ice ates PEEL co ceek oot tae bah Mace 26, 924 84, 890 31.7
Rife cates crete ces hae ae oe ee ore Bias Soro oho oa Hct d hick ociactaewaee! 28, 565 85, 996 33. 2
bE ay ea peu aaa cae wie on deioars Beatmania ae abr c eae meee ae 33, 383 84, 116 39.7
NERO iC ee cacenscceaces Jeameubeerone Shamdt wane vanesos oncsecn 28, 794 84, 937 33.9
Total in 19 years............ cagaesss A Shoda oschs Sasa Soseeo 497,317 | 1,521,738 31.4

SUBJECT-INDEX OF COUNTER CASE.

Page,

Acts committed on high seas, not always justifiable......-....-.--.----..--.. 35
AGMISHION, AS FO: CEELGASG: AMGEE) OO oa <5 os an eons een e ss ene seen ncmesenae meen 66
PERC EROMEOT COWS LOL BONIS: oo pelecys i male aia = win ais, es, wie Sys coats win See, sap ies 53
Agents of Government as employés of lessees ..--..---.-....-..-------------- 120
Alabama claims, decision of Tribunal of Arbitration on.......-..........-.-- 133
Alaskan fur-seals. (See Fur-seals) ‘

tis seal herd:

Decrease of (See Decrease)

intermingling: with Russian herd 22s... se<cccesas sce ccie csc ces Soncecse bans 48

CLT Cer REE Se eee Se Mein es EE nea ON ee a RE ED Cr ren: Mita 110
Alfred Adams:

PENG AU OUTER SEUR OL ao aca ia(a on ood a opiece saeaine cools gaishashee nce aeweies 130

NEIL) Gir 2 RIE EU oma rs a ono hp cynin 3 mini elem nia sie nia = wn ae ae cee ee 132
Alternative regulations proposed in Report.....-........--. 2... -.ccee eee e ene 128
American ownership of sealing vessels seized ............---..---------.----- 130
AW Deon, AIMeTVeaty OWHOTSALD OF «<i = 02, cassie oon es se ocles cant mdse aaemenaeee 130
Apology for pelagic sealing. (See Pelagic sealing).
Aquatic coition:

Eiiy anh OPEC. AS GUle sme. aac = vo cnc laa same Suess an, cae,s as es enind = ate ce Ree 62

PeeWee NRIS OIE BG CO ai tet aia Ses im x ole optical Siig Seale omer hm sein dic hae eeung aos 62

WiViGe BGPP SAMOT Ole soca) oan citera cs tac eae Soe Soe wa sisiae Cason a cege cages 61

Frequency of, affirmed by British Commissioners -...........-...-----..- 61

Inconsistent with statements in the Report............-...--..----..---. 63

Insufficiency of evidence in Report favoring .-...-...........2..--..-.--- 63

Necessitates later arrival of cows each year............---.-.------ e--n-e 64

No instance of, seen by British Commissioners.-....-...-.--...----.----- 62

Possibility of, affirmed by British Commissioners...................-.--- 60
Arbitration. (See Treaty of Arbitration.)
Bee ESN eet a) alan int = eee al a Ree lata oe a Se tN 2

Arrival of cows. (See Cows.)

Article. (See Treaty of Arbitration.)

AT CHILL pv OUTDeG: CONStaD Open cers =e eee ee ol kee ne eye eh er Tae 56
Asiatic rookeries, new. (See Change of rookeries.)

Authorities in the Report:

Cian len iy alipe.s sometane ance tas Sane tae oie ¢ cab th ot cauicten steht tive oh ac 53
Henry. Wi lnGuye eect st oc occa se Mee Soe BRA! SSO aa eS 53
Average catch per boat:
NO halo, Tange Pee SRE Ei a5 pe i et eae ee pire Sel ee I a9 ee 107
RSP EEMS CabOH EGoi toate ate eat Ge ah amie 108
(See Table.)

mveracc Osten per Man Mt bees SHG 1866 o2- 2. Sacco. cecmneacedesiasesmce inc da(l 108
Barren female seals. (See Cows.)

Beachmasters, (See Bulls.)
431

432 INDEX OF COUNTER CASE.

Page.
Bechtel, A. J;,:a citizen of United States. 2.2.2. s2-. secemeit see .= cone eee 132
Bering Sea:
Alleged to be summer habitat of fur-seals ....-.....--.-.---...---..----- 100
Bancroft’s views as to protection of, from whalers -..-.....--.--.---.---- 25
Captain Hooper’s investigations in, in 1892.........-.--.-----.----.------ 83
Catch in, not included in proposed close season....---.-..--.------------ 127
Control exercised ovyer:.----=-+---- 2-2 -<8+250-62-+ 2-05 pepe o---- 18, 19, 26, 29, 30
(Qranicerys) thay Thrk Whee) Meee See OSs code Reads 5 GseseoSe sedeoShe Ssediecc 51
Distinction between, and Pacitic Ocean.........-...----- SS ree ee 17.
Distribution of fur-seals qs. se aa ooh a eee = eee eee eee ees eee 48
independent seal herds in; alleged oo aie oe oeie= = eee <i eee 109
Intermingling of Russian and Alaskan seal herds in........-...-.---.---- 48
Jurisdiction over. (See, also Control exercised over.)......-.---.-------. if
No ferrntonalinohts claim eds0ver a. 2c een ers eer eee seats eee 19
Not included in term Pacific Ocean..-.-..-.-. Pek Boe ia Seman ate tere Saisie eae 20
Pelagic catch in. (See Pelagic sealing).

«« sealing in, compared with that in North Pacific.................. 84
Percentage of cows taken in....---- ---- ---- ----- +--+ --2--- 0+ 2-50 ene= nse 85
Prohibition of sealing im, by United States_.2----.:.2_ sc. 2c soe enc eeeeen 129
Right to fish in, does not include right to take seals in --..-.........-..-- 25
RISSPanGnWINeTS Me: Saeco nee see ee cereale ween se eeiat Sate 27-30
Russia's title to shores of, undisputed —-~--- 5-2. ose seo eee ease ose oeee 17
Time of entrance of, proposed to be limited —..- 2.22... - nk se mee eee 127
Wasitaolow Balers he 2.402255 J. ohne cece os ooe ee epee ee ens aa ee 24, 26-28

Me me not inconsistent with position of United States.-.-.--- 28
Wari pt vessels, OUl 01 ~--ce.- =~, ope eras pee nein tele nee can eee 129
NWhaters rvisiiing, closely watched: . <<. ose ep oon nce senna eee ee Eee 26

Bering Sea Commission . 2.2 ~~. 2-2. 250. cowie = enw ea e's on eee wenn anon omens 43
One amIARON Ol. cos ae ce eas salsa eslm eee mince a ee erento eee ies eee 44
(See British Commissioners. )
Birth Tate, eueck of pelagic sealing@on--2W. 22.2 oe eo ik aeae es Seen eee 66
Black Diamond, American ownership Of 2222202506252. 55600-00050 ean eee 130
Boscowitz, Joseph: |
Al @itizen of United Mtabes-. 2 otc. wie one -te tas ces sec cee oer eee ee 131
Ownership.of, tawessels 861760 2 ee oo poo copes ones pou enee casa eee 131
Relationsiof Warren, Cooper; and |. 225 c.c2 sta. vsnnis-s- ceeseewee = soem 131
British case:
ASiOLI Ginallhy PYESENbOdeaccca sciences ce wicece ee seen ele eae eee 2
Chapteraot te oee ees once nae cons mes asc ciecoie ae enone eee eee 16
Chapterd Vol. 2. -occcc cfc pen we eseoce be caecisee ses oeon.cH ee Sree ee eee 23
Consists now of original Case and Report --..-....-....---..-------.---- 2,3
Deals Withwhat matters. 2.2 o2.teessete. eet ese cee ce ce eee eee eres if
Diplomatic correspondence resulting from, as originally presented.--...... 2
Fails to distinguish between Bering Sea and Pacific Ocean.-..---....-... 17
Incompleteness Of #522 cco cisscel-- =o Seejccs temeeseeant ee atee sete eee 2
Misconceives character of control claimed over Bering Sea...--..-----.--. 18
heply of United States. to. J. 2... sc oe sce ces cache nee eneGsinep ketene eee i
Supplement thereto. 22a ve. bt hee een ee eee hace cenees cece base eee ee 2
British claims for damages, reply of United States to.........-...----------- 129
British, CommksiOners *.\..'..3°..ck ee ose pap oeeee cole s eee eee oe eee ee ae ee 43
Concede nothing by proposed time to enter Bering Sea ....---.----------- 127
Curtailment of Elliott’s statement as to size of harems by .-..----.-.---- 74
Did not first see dead pups on the rookeries ..... .. 02. .--ce- ee ee ee ween ee 87
«« visit alleged new Asiatic rookeries.......... can nie wane qenpaean ee

INDEX OF COUNTER CASE. 433

British Commissioners—Continued. Page.
Disqualified for impartial investigation ........ 22... 2...22 02-22 e eee eee 46
Distorbion Of AbabemMenwObel Moiibye-1-- s -- 4 5cosese sate sees cece ee eel. ce LIS
Erroneous statement as to opinion of cause of dead pups ..-.........2... 87
Teenie semterlemi tye WOME | 2 Soe Sooo 5 og ness eb ece oe meee coe ou cates 98
Instructed to codperate with American Commissioners. ..............-.-. 44
Manner 6f condneking investigations ...\..- 5. << -..--c-2 nesses seecaasee ss 45
Object of, in advancing winter habitat theory -.....--.........2......... 101

' Report of. (See Report of British Commissioners. )
Secretary Blaine'y note concerning ~~... .---.. V2 2s2 lie. wo 2 eee ne wn cece 45
Unfairness of, as to average catch per boat and per man......-.......... 107
«é PEIMnpGlOseseasOnuproposedie..-2+- secs ss 2-5 cscs cc Sccl lose 127
Ke SMP CUACHAGIE ME OUR ns tote = oes aac goods 4 See ew a aware SS 72
ae Feculationaproponeds DY... 20555 o 5005 dose ok sc} outs oe 122

Bryant, Charles:

, Asam subiority im ther Report: fos. as2 soos cscccs. + Sos dee as eee decd occ o 53
Error in published statement of, used in Report ............222.2222.2... 111
Cima aiie COUIOMs © 22 i. cate taeeaae ads ewe gene ~ oa ceed ss Sepia s s oue 62

SReMeUBsEVG: RIRNG EF -o. te som eeees seston eee eects we care eae) Sok eue Sas ced 69
Seen COWS CUCL Walenta aettaaton stones cae «oe ala a ser ose wecvenee 58
MEPULM OL I LST py; ANd PEGRONS TOR Oras. coc n oo ee sa ens Secs ee oes 69

Bullets found in seals killed on the Islands ..............---. 2.2202 sce cceece 98

Bulls:

Donot.resort to alleged: winter habitats... 2.0.0... 220-0226 s se ec ceccnsccce 101
gaAiGtes Okey RUMONW UEDCMee Selaieiat foe A ae mae ciewiDeciews aa ac ew sec sa cses Syae cece s Sees 101

Bundles of sealskins :

Containing more than two skins would be observed..............-...---- 117
Re SapaR EDINA Cio mei aereretes Oe chs epee ola wleatnrs Sore a tarot Mets ois oh Oa oe. Se 116
invesneates by Mays Williams: soe oo hss Son sine a lesan. sone ce senses 117
yc skins: Gnly imeaen Of 0c: jactaos eects eae sections s2+ cst vwetae oe se 117
BW oN in eget as teeta ale winnie om Slat nie teeta Ete miele wie pro's 2 Sia ose wae 118

ee Oxsp late ee ae oats Vc cares tae eee oo Se cise Son Vere od acres 118

Canadian sealers. (See Pelagic sealers.)

CHrOtChG,, AINEICAIL OWETSHIP) OL. sanioreic oon a thecaw «Ses ess ses -se~ seeeecccnc 130

Case of the:

SR MRN at tele ca cle ster etn ote enrol ee i lacie oes Sac ae b sc venta coe 38
BORIDES cs. set SEE DI ic er ea a Se ees Ne he a 22
18S om BORIS URE Ee SEE DOPE EE EOI OEE: CORES Ae ee ee ee aie ae 20

Case of the United States:
Deals chiehy, the matter with which. ... 2.502 2.5. 0606 Soee cree cccee ance 7
POstOns;talcen im: preassenbedeen cosas canes cose ceca ces sac ssce cae mees ae 135
Catch, average. (See Average catch) —
Catch of sealing vessels. (See Pelagic sealing.)
Change of habits:

Mie eM ae DOE Neo nee atone nem eae mae ta vein ae eae se caslen aed ass 106
Change of rookeries. (See Change of rookeries.)
Incregped: pelagic nature alleged: <. 2. 6225 12s. ge a etncc cnc Semcdasmcesc ooce 106
“6 she EEE MIP TIO > =) cmon eee isen eae te Gadde. wece 109
ae ay PP DABUya eased ON CELOP. oo sccSapqeoG55)lke cms cece 111
Independent herds in Bering Sea unproven ...--...-..--... 2222220200 -ee- 109
Change of rookeries:
pbs NNER CER PEERED UNG 9 0. cta is A'cls seroma ee eee none el nae oca dacte as a amae we ho nici 109
OPES Rene element eco tae eta Sa ae Gee eS wesc oe cae e come 111
On Asiatic coast not visited by British Commissioners ............-.--..- 110
e¢ UID PLO MCWe se seta Somes ee so ook Sac San. ou goes.coame oaete 110
Robben Island experience disproves ............- iso BOaSOecosaCatDoSor Sooo ee 9

12364——28

434 INDEX OF COUNTER CASE.

Charges of fraud. (Sce Frauds alleged.) ——
Charts:
(CURR Ale oy ell Daria ayo Iga Glas Geis eon oeconos Sooo Cesenese aren Senobosdss sss 102
is IUDOT gy EY OTe Lie em cet a ae 102
us IV of Report ....- voh<io aimioiss Spee tis = Sie opm ohn Sie rate we ae 102
In Report of British Commissioners. (See Report of British Commis-
sioners. )
New migration Chart. 22 05 0c s..-- ann aeons Hane eee a= 105
OfsCTMISHS AN al 8922 he arn ial caeiaae ee ela ae eel ele lee z. 51
Sealing chart, 1891........ --<- .--- -------- 2022 wens ce wenn ens won ene 52
e bse nee < Se Rees SEO Asa eee oebe san cokeaatot 51
Claims for damages—
Tapeh Seno BOO Bese nee ace ee OOS SAOB SODAS COS Hoga aA OSSE ob6 + 134
Reply of United States to British -......-.1.--2.------ ---------- 22+ ---- 129
Close season—
Basis for, proposed, based on alleged errors in management ---.---..----.- 126
Extended a week to equal 10,000 decrease in quota ........---.---------- 127
Proposed, does not include Sand Point and Bering Sea catches -......---- 127
Proposed in Report for pelagic sealing. .-.-..-----------------------+----- 126
Proposed, would have little effect.......----------- ---+ ------ +2222 enone 126
Close time. (See Close season.)
Coast catch. (See Pelagic sealing.)
(See Spring catch.)
Coition. (See Aqtatic coition.)
Colonial system:
BRHSSIG (Bi See clas fe mo een ction <n Knees piscine omits mireinain Rie ae im soni 15, 21, 23
Ukase of 1891, a renewed delaration Of -- 200 occ scans ene tee oe oe oe eee 18
Commander Islands, Sealing vessels around, in 1892.......--.-.-----.+------- 29
Commissioners of Great Britain. (See British Commissioners. )
«‘Compensatory adjustments” suggested in Report. .-.---.------------------- 127
Conclusion of Counter Case. ==. ---- == sa2<-- -Seeer - ene ee ela ae 135
Cooper, Thomas H.:
Notinjured by seizures... < 222+. ste. eeee es seen tenes win bnew orn n eae 131
Relations. or Bocowliz, Warren ond . 2.2.05. o06 sem eee ne aniea es eee 131
Copulation. (See Aquatic coition.)
Correspondence. (See Diplomatic correspondence.)
Counter Case:
Gonéhaston sof 2022 och sc cs o=ctes sie tee cece alee owe eichal 6 WS aoe ee ete 135
Object Of - 2. 1.2 eee wan oe oe oan wee ie en we ce ee swan Semmacas aap anes 1
Counting of skins:
WAG MOM OW wie eels ae a win, ete nin ere = © wm ie lam im pin mlm la iim 117
IS erie FE oe eee Sado ne Reson DHOen Sees Goeao SSoecdondasesc- 115
GSI SP rel Reka Glee, SaaS orio toe commer non OSbEdo Cau ebodsos sconiancn rea6 5 -e5- 116
Difference in, at islands and at London. ......-.-.---.-------++----+.-.+- 119
Manner Of, 32 2052 son sae ee sees oe mga e = see etme octet ieee = eee 115
Statement of Elliott as to, distorted by Report .........--..----...-.---- 115
Various, Compared: . 22. coe i coe cee cee ce ee wane eee en enn ween ence 118
Cows:
AeGOMIOL TOP PUPS 525. ce cicen anew ee cleee nalee en ale ana 53
VNrgahscibroy® Toate bots) lee ewe epee ser renee en ls Le Lie ae eS AME lo GoGebae ete 64
Barren, in Bering Sea catch basis for close season.....---------------.... 126
66 « «250 00U taped Ui 180 eee eee eae sel cin ale let pcre 15
Enter water, WHC si csc. cscs cscs snes coemer=* <2 peweee eae n ae Wee nenen eee 57

“« Bryant’s statements as to when --...-.----. ------ +--+ -+++eeeeee ee 58

INDEX OF COUNTER CASE, 435

Cows—Continued. Page.
Enter water, Report’s testimony on when, insufficient.................--- 59

ae us within fourteen or seventeen days after birth of pup..-..... 60
Fecundation of, alleged to take place in water....-.....-..-..-...-.2.--- 60

P SOUine soles teenie see erate Saka oecs ekawcugawlacs sca ak oe cee 57

J position taken by menere ODE ses Soren cine Set re ee eee 5,

#6 MOWNECHOKON) saa nee ocesceeisses sous st foes Some ee le ee 59

«6 while suckling denied by British Minister at Tokio.._.........- 57

Later arrival of, at islands disproved --...-......--.. 20.0.0. 00 -e eee ne ee 64
Nursing, examined by C. H. Townsend..-.........-- LUST fe Se 86

«« — few taken by pelagic sealers, iuplie 2d by Henunbl: YER EE BRE Se cc 85

«of pups by. (See Nursing of pups.)

‘¢ taken in Bering Sea by Capt. Hooper .....-.-.....-..2..---..-.. 85
hercentagein polasie eatehy 2. (52.5.5 25222 8boedt ete sets eb: 80
Period of gestation of, nearly twelve months. ..............-...2-2.-.2-.. 85
Pregnant, assumed not to be taken in Bering Sea by Report.............. 84

ue ab all timer wee. CNG WVAtGE. oo 555. ec cess oeskt es aalcce oo 85

Cruisers, Russian:
Directed)to patrol Colonial seas Ut ote tc sees Plt et ot. ect, G68
Vid BG ina Ove he oy ee Oe ee eae Comsat. 3 Spy oder aul Sas os ea eee 27-30

Wall Wwe ., Opinion of.as to aquatic collone sos...40 ateeseeeel soos cco ee ce 62
Damages:

American ownership of vessels for which, are claimed................-2-.. 130
AnticlepVvallic of: lreabyias) to; Interpreted =. 25-25 cces oss) lessee 134
Bricishi Claims torerepledstOn.-2..2ss.c25 925 seces se sas oe SENS Pe 129
Claas; (Ul, OX CORSEVEL Leute pao seas sean ease as Clad A Ayn ed 134
ae ra MaAMme (OL, COOPEST 5-2 Sabscn S HI85 Got sea eA Je es Gace 131
No, can be awarded for prospective profits ...........---2...-2---eee-nee 133
Speculative, decision of Geneva Arbitration -.........----.--22-. 222.222. 133
ae Great Britain estopped from claiming .-.................-.-- 133
Sustained by warning out of Bering Sea not adinitted ...........222..... 129
Data:
For charts in Report of British Commissioners.............-.......-. ss33 49
Insufficient to establish winter habitat theory .................---...-... 102
Dead pups:
PUN ELE CMA CLM UCC ne a ealeiaa ee iceman oe otal anic enn aon ss «atte Gee ameS us be as 91
Cause of, not novel when told British Commissioners .................... 87
up CECreASE Ol, PA Soe oe oCk atom Soa esE Ss iene t occu dard 93
Caused by killing mothers denied by Report............--..-..-..--.22-. 89
Cuuses abvanced: Dy; IMepOPtis 4: a5 5c. cee ce now wicwe ame octal Seca ok walt a. ce 89
Death of, not caused by an epidemic disease._---.........-...-2-..-2.--- 89
6 66 driving and killing mothers.-...........2....... 89
if Os BAUS 7 cao coated Spee os de gE be oe 90
Ce ce HianIpeO Est — 25.2 > sceiman seoset ins ee eaicite eed. 90
Increase on Russian islands coincident with increased sealing i in Asiatic
MSC eerste aan re eet I ee ar cider tex chunk Some wate ciemctre nec wad 93
Not first observed by British Commissioners.....................--.--L-- 87
Number of, in 1892 much less than im 1891 ..........--...2....-0-0.-c-0ee 91
Observedcpriah tO lems wer eeer sete bet kc mee eco ecto en mee nd ali ee eae 87
One h Olowidcy hvaO ery ct 160i nach a oo eee Salk en ange oom ce wiareie 92
Ontthe woo keries sensors sent Sases 5 dts ts ee taken Se cil sce cals e aon 86
Presence and cause noted in diplomatic correspondence in 1890 ......-..- 88
AES URS SeCLO" CAENG OR oo be ere eae Ce torte ea ate e hanci A a jaccl cin cin wie escin became 86
Decrease:

Admission as to period after, decided............ 2.2220 cecnee ceeeee eee 66

436 INDEX OF COUNTER CASE.

Decrease—Continued.

Alleged recognition of, by resort to new areas -.--...----.-
“~~ to be caused by management...-...---..----------

“ to be greater on land than at sea..--...----..-----
Comparison of harems, 1870 and 1890, irrevelent to show ..

ee

wer eee wee we wees

Noted in young males in 1889.....--.---.---------------- fae mee Ste SeRe ats
Of1892 Over 1801... ccn22 - one ences = esas ease nos- cone eae eee sees
Pelagic sealing admitted as to tending toward .......-....-----.-------
Prior to 1880 denied... 22. 2.2. - 222 none coe wees ee ene cee ee eee en ene cone

‘é

proof advanced to show. ...--- -----< -ss2c0s--2-teese------

Recognition of, by lessees alleged .------------------- +--+ 0-00-- -eeee eee

Under Russian management caused by indiscriminate killing ...........-
Difference of views as to object of Treaty .........2..-- 222 eee eee eee ee eee eee
Diplomatic correspondence:

Concerning the British Case -.------ --- ~~. 2 = nena anes eeemes meneeemaee

Shows that United States always claimed property interest in seals......
Distribution of fur-seals in North Pacific. ..-2. .. 22%. 1222.25.25. cee ees
Dolphin, American ownership of. ...-..------ +--+ +++ 222222 teen ee eee eee eee ee
Elliott, Henry W.:

Alleged report of, 1n. 1990 23. - 5-0. -$22055-5 eben. oe bees eee

Ag an anthority in the Report......2=5.cus.<ececs ics daw nce eee eee

Grice of NAFEMIS I LSTA noc... cennaccancns-muctio POSMeeE ates aoe ee eee

Statement of, as to counting skins distorted by Report

Employés of lessees as Government agents....-..---------.--------------
Wieroncous translabiOns 5... secie2s =. noone cow ete Se cea tien weds eek sebaee oe See eee
Evermann, Prof. B. W.:

On size of harems.in 1892 sb2suiobs .vess e eGa Gate cee ree eee

Statement.as to dead pup in 18922: 40.5 es ee eee
Evidence, untrustworthiness of, in Report...--.---..-------. 22. eee2eeee eee
Excessive killing:

Bryanten, 11815-2220. -nio-- 3s Saee -wee deen canbe Sa teeeuei ae teres

Poundation Of Charee Of foc. 062 <3-. vosecs aeons lw owen cepe eee eee eee

(See Management. )

Exclusive jurisdiction. (See Jurisdiction.)

Fecundation.

(See Aquatic coition.)

Feeding excursions. (See Cows.)
Feeding. (See Cows.)
Feeding grounds during migration -........ scivvwesteenccccc sacmevisamesctesceee

Female seals.
(See Rifle and Shotgun.)

Firearms.

(See Cows.)

Frank, A., a-citizen-ef United States. ..6 2.50. cr cece ees case eee ensscencaecces
Fraudulent practices. (See Frauds.)

Frauds—

AN sloped in the Report oo ~ oa v 2 eae e cease anaes secs soeeen eon eee eee

Belief that Great Britain inadvertantly adopted charges of

Ciarged an aroport 22222 2iicse cone eaeee = ce oe ee ee eto. eee ee oe

Charges of, unwarranted

In counting Pribilof sealskins. (See Counting of skins.)

In management mentioned

In weight of bundles implied. (See Bundles of sealskins.)

Investigation of Moore in 1875 as to
No authority for report charging

106

115
120

105

132

INDEX OF COUNTER CASE. 437

Frauds—Continued. Page.
Partlesicharved within the Report..2- 22-22... se. 2--6 esseetesce-~ sc +s 112
Reflection on C. M. Lampson & Company as to ................---------- 113
Why United States considers charges of ..........-.....----------++----- 113

_ Fur-seals:

Abundance of, alleged for 1869, but founded on error. .....-..-..-.-..---- 112

ATIStr alta NADLGS Ol iMeMUNSING sccm osc acmces sens sesame cca} caec eee bees 56

Breeding male, (See Bulls.)

Charts in Report showing distribution of, in Bering Sea ....-....-..-.---- 49

Decrease of Alaskan, (See Decrease.)

Distribution of, assumed by Report inaccurate.............---.---------- 52
Eg TMB ERIN PSO Alsat acetrs eer clases ne odccus voces ceed oe eee 48
ss MAC MIC OCEANS team ot aa cinitie secant nccle sociale cle ci sine 104

Female, (See Cows.)
Habits of, (See Habits.)
Home of, (See Winter-habitat theory.)

Intermingling of Commander and Robben, assumed in Report. .-.-.....---. 52

Migration of, (See Migration.)

Must resort to land for a time during hair shedding..........-...-.-..-..- 107

Number of, to be taken, suggested by Report. ......---.-.---...---.------ 125

Only portion of, resort to alleged winter habitat...-.......-....-..-----. 102

Pelagic nature of. (See Change of habits.)

PTO pentyeinteresbaMere aces settee si eeeene ect tiane esses Reenter eS 121
ce es of Indians in, advanced by Report ....--....--..------- 101

Right to protect, does not involve exclusive jurisdiction over Bering Sea- i

“Stagey.” (See “‘ Stagey” seals.)

Waste of life among, from pelagic sealing .-.......-.......--.------2-0--- 94.

Geneva Arbitration. (See Tribunal of Arbitration on Alabama Claims.)

Gestation perlod Ob: s2s.sas a sosdoousetacso sess etiers ete c mae c a cadcece sacaete 63
Government agents asemployés of the lessees .........-..-.....-.----------- 120
Gravid cows. (See Cows.)

Great Bupaincand, frauderallemed? 22: 35. Stic ssa. wosato soos we ceee soe oe caieeleeae 113
Grebnitzki, N. A.:
As an authority in the Report (footnote)..............--.------ 220 -eeeee 52
Examinationof, pelagic.catchessby>.-2--2 ose ces ons cos cee ccm cnee acne 83
Fite, AMerican Owne#rsnip Of bRG. 2 sloo. Saul bese lus 2s ec tees 130

Guns. (See Rifle and Shotgun.)
Habitat. (See Winter habitat.)

TET, SSS GeueRA TS Oe ae SEC. CREO RTE SES ROO OE ae i ir Mier ats ALAAUE cy eek ANNE Else 48
AGQaNe CONN) 22 2Jo2 esse A os dssesensaedetcs sons cscsa ee Lee 60
Arrival of cows on the rookeries in 1891.- «5. . 2525. 6055. sssee5seccceseeteeeee 64
Chance of allemedwerss 22 sa Nas ra Fst Ss coos Hee eee ee eae eee ee tee 106
Change of. (See Change of habits.)
WTAE MISHSIZO Ole saan eeafie oe ois 2 Seis ace Sek ee eee ee nee demesne eee 73

Of Australian fur-seals given by Sir F. McCoy -....-.....-.------.-------- 56
Winter habitat theory. (See Winter habitat theory.)

raremis Size otacs sass soca e een cores se dgck eee heb och oe de see eea eee ecewtues 73
Inte accorainos tomlliatimes~ so. sass cee s Bee ott eee ninecins hea Se aud 74.
TSO eae ee eee tien ose s ceca ons Shae Sone sheen es 74
En SO gees aes en seers Sea O cas eke eae mete ae EL See 75

Harriet. (See Case of the.)

Hauling stounds; NO, ever Leserved. 2.255262 serssdecdec Scedssen secces cece sens 79

Home of Alaskan seal herd. (See Winter habitat) .............--.----.------ 110

Hooper, Capt. C. L.:

DVO iepivOnn OF in fear r a sao hat cite ddde Sse Sod 6 cued cenie wus «ceed sees acme 83
ss as toanieration: of seals... .2..4-.--6nck ews ones 104

438 INDEX OF COUNTER CASE.

Hunters. (See Pelagic sealing.) ia
Imigonsistel clespin hve p Ouse ess er eae e cma eleeleleta ae eee eee eee ee alate eer eeete 63
Indian hunters. (See Pelagic sealing.) }
Indian tribes, property interests of, in seals, advanced by Report.--...---.-.-- 101
Independéntipelagie seal herds - 92 oho 22 2 Soe cae ie cinee RE eee in oo) a ee 109
intermingling of seal herds 1m Bering Sea. 2: -- 2. <a>. some eens b= eee 48
Interchange of seals between Pribilof and Commander Islands. --....... Bed chs? 4g
International coéperation:
Apparently assented to by Lord Salisbury..........---.---- 222. <-----2-~ 9
invided by Mr. Bayard.s: + -t.acent cosa. on an seen Sd apeecene see aa eee 9, 10
United Statesisoughti2 6 s.5. ee. ae dite acineis iste Ae ae ae eee 13
International daw: ierowtb of: -.22 5.5.2 2:66.26 a peer eee ee ee eee 35
Inspector’s count. (See Counting of skins.)
Investications by British*Commiussioners -<- ..-. 2. -----=55 scence sana See 45
Improvements in methods:
IAtisea sumgested 5-22 Screen Sens a err Se Se nolan ere 123
Increased licenses for steam vessels of no avail ..-...-...-.----.---- Rese 124
Tmacenses' for hunterssproposed! = he 222 toe ae nee eee ee eee eee 123
OmPribilof Islands suggested im Reporize -.2--- s=-2225---- 4-2-6 sees 122
Prohibiting use 01 rile: -- oo. ond game oslo ese ao bee ee oe tee ee 123
Island count. (See Counting of skins.)
Issues:
IPM ONTO see see me ee owe catenin stele omen en oe come ee haere ce teas aes 1, 33
Statement of, by, Mr. Blaine)... ca. si-cacndecs in eek sab oeeee ae see
Dated Soaes Views OL -.-- 2. <2. -----. --eedaace | eee ees ee) ee eee 12, 33
Jackson, C. H.:
Avquestiqnable Q0GROMEy. A. oc pe ppemaerke atteelene beetles = ae sleet eee 55
On promiscuous nursing of pups.-.-... TITS OSI SOE E83 uate 5D
Joint Commission. (See Bering Sea Commission. )
Jurisdiction:

Distinction between exclusive, and right to protect seals........-..--.--. 7,19
(See also Bering Sea, control exercised over. )

Over Bering Sea) .----------- -----< 4--j3<- 5-55 =h ema cee Se - eb elee epee seme ‘i
at seals can be protected without —.-2: 222522.22-2: 2-22 ees 10, 19

Of Tribunal of Arbitration as to regulations.-...............--.-..--..-- 121
Jurisdictional controversy:

Always incidental to obher issues... 2 o..22. sdosea deseo dee eee ede 8

BinaliobservatlOns! U pO 2. 2s... wean e emer s cel aceelaae ore conor 30

INotidhe: bre tssNe 2 oe oe eee oe ee rie sep eee ae eee 33

Origin of -.-.-- ---- -------.-+ 26 enna seen soe ome ete sieete se eo eeele cere 8

Whenventered upon by United States: <->. =~" --- eee eae eee ee ae 13
Killing:

Methods of. (See Management. )

IX CESSIVG,; Le ged ia 2 oes scene nee enn oe ceiap ae eaie ee ee eee 65

re (See also Management. )
Indiscriminate, prior to 1847 cause of early decrease. -.........---.------ 72

Lampson & Co. (See Frauds.)
Lessees of Pribilof Islands:

Alleged recognition. of decrease iby j< 55625455 sac55us Seeneseackinaenesee ers 76
Licenses apply to only half number of hunters ..-..--..---.------------------ 123
Bor, HUntOrs: 3 lero noose ecm mosses Pena e EA eee he soc ieee eee 123

& ‘steam Vessels proposed... sacidech see ia oe seeek sesaee eee eee eee 124

Liability. (See Damages.)

INDEX OF COUNTER CASE. — 439

Lily: Page.
ANH ERiGaMMony Mens hitipy Os <2 scl aace cls ace ote slawelee ee nee caste eens oes eee 130
POMBE Ye TEMP ANMMNS se ccc oo u's sc oo - coe ses ea tans -eteeneaters senses = 132

Logs of American and British cruisers. (See Sealing logs.)
London count. (See Counting of skins.)

Loriot. (See Case of the.)

Lukannon Rookery. (See Rookery.)

McCoy, Sir F.:
Authority of, for statements on habits of fur-scals .......-.......-..----- 56
Knowledge of, as to promiscuous nursing of pups, insu fidiene Sete oy Setelapets 55
Oneairecionro fac OWwetOr PUPS soe sets tae oem eeaie ccs oe Soae ce Sek wae oe oeeee 53
PePVOUnAeuMie nie side” OF UP UIS! ULL as nts’ mn cieiss pecs s-doe~ + case aoe oe 5D
Maladministration. (See Frauds alleged.)
WIGS SUSE Tet ty ey © BM a A A A Ae Dk AE fy ee eae ene ae ee 74
Malowanski, John, examination of pelagic catches by-.-.-...-----.---------- 83
Management:
Allewed: errors in; basis for) Close'sedson:-.'-..5 65-22 .-2 sees <--2 -)2- +22 =e 126
ze cs Report’s apology for pelagic sealing. ......-..-. 126
As an alleged cause of decrease in seal herd ...............--...--------- 65
Discussion of after desi; irreleyamt)as cs ss ee oe eee ee ce ateee one ane ee 68
Byidence used. to charge, with decrease.:'.. 2-5. <.02s-c0c -l2---~<- senses au
Excessive killing under, alleged ...-..- BP fet ah IOS eS A oe: 65
Failure in, to note decrease caused by pelagic sealing irrelevant..:..-.---- 67
Failure of Report to show change of, after 1880..................-..------ 68
Frauds in. (See Frauds.)
Methods employed admitted to be almost perfect ..............---.------ 65
Proof must be limited to period prior to 1880 .--............--.---------- 65
SOI AU RE ISCHANCUY 28, seas ces abs cast on tate ais oe meee ae see Cerne 71
Size of quota irrelevant unless decrease shown ..........---..----------- fal

Management of the Pribilof Islands. (See Management.)
Maps. (See Charts.)

Methods. (See Management.)

Migration: |

Captain Hooper’s investigations of 1892, as to.-.. 2.22.2 cece scene cece ee eeee 104
Direehion deal peavenaurine softs te cle ee ke, Boch oc. cae dee 104
Daseriipironiey sealamdurime: settee bleh eels cs rece ie 104
IPE OUI NORA Tt Lye Coe aa Rh Ral iia ha dae ih Aap Ae, eR 105
Increased knowledge of sealers as to route of..........--..------2--02--- 108
I aseleCeh Whee net ese Bi Se ioe. Ree eee Lens 5 wre mate's os clk 5 aint 105
Where seals appear off coast during ..........-.-....---- Pats Peak Se Bal ae te 2 104
Mismanagement. (See Frauds.)
MOC ARIANENA?. Obl Sole Siomin & Oly. sa ceme eee Sok eee cen ee isin eo aoe eae nace ones 44
“Monograph of North American Pinnipeds,” error in, used in Report ......-. 111
Moore, J. S.:
ITHMES Gla LONLOL Mies och ea saat. meee twice we ewe cise dese oe vccp sae ns 1a)
HEeportior, OMOUEStION Griramds 2. 42s scsce eo. wee ewes ela satajteters’ atone 119

Mortality among pups. (See Dead pups.)
North Pacific:

Disirepmnonromseatami eeeaes ect LoL et CL ae cendiec Suet ecu ce sees cose 104
Pelagic catch in. (See Pelagic sealing.)
Pelagic sealing in, compared with that in Bering Sea ..........--..------ 84

Northwest catch. (See Pelagic sealing.)

Northwest Coast:
Rookeries on. (See Rookeries.)
Por-yonra. Trains TINUE PES OD 2. ee ete e cise ais.5 occa an seco vane ceeeee 22
Wisitem by voxusels ofall nations. oe ee oo as woos cece doen ke cece name 17

440 INDEX OF COUNTER CASE.

Number of seals killed on the Pribilof Islands. (See Quota.)
se to be taken, restriction as to, proposed in Report..........-.
Nursing cows. (See Cows.) )
Nursing of pups:
Analogy with other animals opposed to promiscuous, admitted...........
Authorities relied upon in Report to prove promiscuous -.-.-....-.-.--..
Bryantion the. <2 2222-22. ogo sea co see ece eas so we eoeemeeeees fac aoe
Mottin thease eee an esanianee scees se eee pelea en ae eee ee ee
Promiscuous; allegvedsin Report: s-c.,--eea- eee - seeee eee eeeeece ee eee
: ae enied 2225 i225,.0e cee sacese es odeaee ese eee eee eee
‘e MOUPLOVEN 22-526 <a se te we esiee See emcee eee ee eee
as Sirk IMeCoyyOn 22-2. cscs. s-ees peeee eee eee ae sisaeeeene
ce Statediiby.iC.cEL. Jackson... 2.2200. 2. sucrese yee pete ener
Open-sea sealing. (See Pelagic sealing.)
Open season. (See Close season.)
Qrigin of jurisdictional. controversy «1. «25 c-aceasenpSoeeae S--S or mae nee
Overdriving subsequent to 1880 irrelevant ......--. .-2-.. 22.00. cos eeceee ween
Ownership of seized vessels. (See Vessels seized.)
Packing count. (See Counting of skins.)
Pacific. (See North Pacific.)
Partiality of British Commissioners. (See British Commissioners.)
EFauinpnder, American OWNersaip Of. -. 25250 occ cama nincans mneneeenmeeake ae 2 waite
Pearl. (See Case of the.)
Pelagic catch. (See Pelagic sealing.)
“ eoition. (See Aquatic coition.)
«hunters. (See Pelagic sealing.)
« nature. (See Change of Habits.)
6. ReNl NOTES 22 o. ca ceee cece gag ete alcemiem a ale Re eee epee sae el ee
PCL ae SOA ee ore wa ele alpen eae oP a al eine epee ane ee ae
Admitted to tend towards decrease --~--- -2--- secs eo nse seo ee eee meses
Alleged namber of seals lost by Indians..-2_---5- 7-2) ee onan ote ee
a £6 by awhiteshurnters: <7. -2elesmsjcsa- See ee eee
Apology for un the Report. 22. -- -aeees 5 oo. 2 okt ee
‘cE in the Report based on alleged faults in management.-....--
ee in Report msumcient, -.. 2.52 ere. a<cn acelin ee eee ee
Begins below alleged winter habitat... ... <--- ./.--- a<n5 qcoacapeeenaeeeee
Catch in Bering Sea three times as much as in North Pacific..........----
a supposed to equal 10,000 seals a week ..............-.----------
Catch of, proposed to be four times quota... -*. ..-~..s<beon- cas ceeleoe sees
Catches in Bering Sea and North Pacific compared...........-..---------
Close time for. (See Close time.)
Eiects of, On bith Tate. 15... cm pcicseeiccint as wae beeen tea tae see
General use of shotoun in 222.6%. = -2 2 Senda enc ek wae ee eee ee eee
Improvements in, suggested. (See Improvements in methods.)
In Asiatic water coincident with increase of dead pups on Russian islands.

In Bering Sea compared with that in North Pacific ..................-----
Inconsistencies of statements by Indians and whites ...............------
Interested witnesses are those engaged im ..........--.-.-------e---- ee
Percentage of cows admitted to be taken ............ .-..---- ---e eee eee
ou in catches of vessels seized by Russia in 1892 .....----
aS am Catch... 2-52 ses ae Seek ee ae en Se
a taken iby, “prior cows1Os.-scsee nen oe eecee tose e ae
= taken in, according to Indians ...............--------
a a Betting Sea iby 2-0. ant as a te eee

= «2 Statements about, inconsistent with Report.

Page.

130

INDEX OF COUNTER CASE. 441

Pelagic sealing—Continued. Page.
Prohibition of, in Bering Sea by United States. ..--..................---- 129
Boats toswe eeu mei tne oUt oUt 5. onc cleo sons paedee see eos eae 98

CG St nou considered: in Report. ...-ss-sesen eee meee 97

Se ere ene Med EEE Mlede no daicio nose a ese) a ae San vane sn 7 oe aaages ae ee 107
SLEAMEVOSSO sR SOUeE sm sites ste se sean aie) aac als clniays a sfc ne wie AOR eel a Ree 124
Tabulated statement of white hunters as to number lost .-....----..-.---- 96
Untrustworthiness of witnesses asto -...-----........----- 02-222 ------- 82
Weert mile in }OusOlet@nescesse oss a cece in caes sos oe as os sa See 123
WARE Ot Oe DYE sa neat sem asiets amos eee ae aoa acess oe sacks s Sac ere ee 94
omeTS insignificant in, evidence advanced by Report --....-..-.-- 95
White hunters appear to lose 40 per centof seals ...............-...----. 96
cAI MUTED OES arb M LO tae aeettena seh cea a Soran Aelsa cig oeles Sees: osc erick He 97

ee tee ee EOE es ees oa era te ae de i a nol ocala cc wale nic wem-a's = Aning cca sie Dare 63

Pregnant cows. (See Cows.)

Pribilof Islands: :

Improvementin methods on. (See Improvement in methods.)

Inhabited by man for a century, and seals have remained................ 111
Lessees of. (See Lessees of Pribilof Islands.)

Regulations as to quota on, proposed by.--...-.......-----...----------- 125

Profits, prospective. (See Damages.)

Prohibition of sealing in Bering Sea by United States.....................-- 129

Promiscuous nursing of pups. (See Nursing of pups.)

Beeny etiye Bia Seek eteretaetet as tate ore mer os Se ea Caste a cnmie cccelonia clas 121
Die Os tot MEE Paw al(h on si's Sbos es ecee aoe ad seen es Jaaae = Scan box amass 9, 10
(See Right of protection and of property in seals.)

Property interest of Indians in seal-herd alleged -.............-----.2..----- 101

Property right. (See Right of protection and property in seals.)
Prospective profits. (See Damages.)
Protection and property rights in seals. (See Right of protection and of prop-

erty.)
Protection of seals:
lena sO AIT OMESGIOLE, own /sedaic coe Seats ace seco ek seecc sn wanseuse ds 8
GT AE SEAS SUE Gu DES PAE ee Meh A See A NAB Oye at 8 ee el a ae 29
Independent of jurisdiction over Bering Sea..................---------- 19
Justifiable independently of jurisdictional rights........................ 10
Ma On CCM Gr AEMIDRAMIOM cao soa cece es soot al. hon con eke eeslec one 7

Protection, right of. (See Right of protection and property in seals.)

Protective zone. (See Regulations.)

Provisions of treaty. (See Treaty of Arbitration.)

Pups:
PME REOI OE COW AMO ttre aie occ ota ana sae a® ataeia galesa ciaweb sacs cee awe 53
Dead. (See Dead pups.)
Nursing of. (See Nursing of pups.)

Questions submitted under Article VIII of Treaty of Arbitration..........-. 134
Quota:
Bryant’s reasons for advising reduction of, in 1875................-2..---- 69
Decrease of, by 10,000 equals extension of close season by one week ..-.-. 127
Lumitation ef propasediin weport: - 2.52.20. .2.-. 2 eee kee 125
Porien) ot,irom warnressth Poms 07 iN Ye ee 77
Proposed in Report to be one-fourth of pelagic catch ..........-.....---- 128
Rede rrnnramesrstetes spats s 2088 SP et 67
SAC Hee EMU ALOE Eel Seat eaee ye te eee eee anes 73
‘<p imrelevant unless decrease: shown... ......-.-----------S---<d- cece 71
“« under Russian management unfairly stated ..............-------- 71

10,000 decrease of, equals 10 miles increase of zone.........--...--------- 127

442 INDEX OF COUNTER CASE.

Page.
Raidsnot arcause-.of deathsof pups.2.s0.2225 te ace oc oe eater ee nae heey ete eee 90
Redriving subsequent to 1880 irrelevant .-.. -... ---- <= 2 -ceoeeis neem seems en 79
Registry, British, sole purpose of conveyance of vessels to Cooper...--.------ 131
Reproduction, act of. (See Aquatic coition.)
Reply of United States to! british (Case 5-2-2224 ae. e ose Sere eee cee eee nee 7
ccaaey ae claims dor damages: ccs oases eae ees 2o>- see eee 129
Reserved areas, alleged: resort 0. -..<)secs coon = tee ne See pe eeee eee eee 78
Rifle:
Prohibition‘of, Suggested im Treport..cw<. she. wacadiese cece cee ee eee 123
Userot, in/sealin giebsoleter 20-2 cians 2c eae close sen ee eee 123.
Regulations: ,
Alternative methods of, proposed by Report....-.-..---.---.-------------- 128
ce proposedPinadmissibles: --.<sass. +e ieee ae ae eee eee 128
As to methods of taking seals. (See Improvement in methods.)
Aste munibers toybeitaken proposed... ccccececese ene eee cece epee eee 125
Close season. (See Close season.) ;
‘Compensatory adjustments,” proposed in Report ....-....-------------- 127
Hor protective zone diicultstolentorce) eae sec eae ee eee eee eae 126
a PLOPOSCU -Aecteees a= a5 seen aces see ee eee eae eee 125
JuLsdrethionsof Mribunail of Arbitrablonsas tOsess-ee. sees ee eee eeee 121
Limitations as to quota on Pribilof Islands, proposed.....----.---.------ 125
Proposed;/as toientrance of Bering Seas -oss2- -so- se oe eee eee eae 127
ef Dy, eritishi Commissioners). -s=-eea-es eee eee eee eee bene eee 121
es formeribilotislandsarrelovant)-. ---42s-+ee oooh eee eee eee 122
ot show partisan spirit of British Commissioners ---.....--.-.-..- 128
Speciticmseheme of proposed* sae nek ae <ce ae cece soo cee ce eee eae 125,
Ten-mile increase of zone for 10,000 reduction of quota --.---- fait SES Rates 127
Thorny jsuiiClentsxassscse eee ss-e ae cctosseossee see sac ae eee ee 121
Wnfairn ess ofsproposed.: 2552 ses se ciee an. raclnesS oot ee ease Renee 122
Report
Alleced,ordelhobtin 1890 ssa. 2 cs ooo. 5 sceieenes. ete oe sack epee eee 75
Of Bryantwnileib; and reasons fore. oces ee =e lac oac ero eee eee eee 69
SN@apts HOOPCLr sass cise sers coos aseisde Sse see ee ceases neato Sea re ee 83
ee MOOTE I-18 to 2 sa- a8 So ose oe ot one aoe cc baa Ree oe cee tee Hee eer 119
Reportiof/ British ommisstoners: sa. 545 222205 a2esceee tae ease eee eens 43
Advances property interest of Indians in seal-herd.......-......--..----- 101
Alleresfew cows in’ pelagic jeatch 252-22 St. --bec ances <a ueepeeeeeees 80
«< _ waste of life in pelagic sealing insignificant .........--..------..- 94
Alternative rsoulations proposed pense see cose ease eee eee eeees aoe 128
Apology for pelagic sealing in, insufficient ..........---.------+------25-- 99
Apolooizes tor pelagicsealing secs asn ee eos See aees ee ee eee eee 80
Assumes intermingling of Commander and Robben seals.--..-----....-.-- 52
Causes of dead pups suc mesteds by: 2-2 ---- ce sceesiesne sc nee see ae 89
Chart No. Tl of, diseussede heey Ses hs hese eee ee aa ee 49
es LIT of, discussed = A2see a oes doen Sele ee Sere eee ae eee eee 49
ud LV of, discussed saei en toe soe eae a eee aoeee ae aero 49
Chartsn.data tor ‘compilation ofece=- ee ae ee epee eee bane ee eee eee 49
ee insufficiency of data for compilation of -..2..55--222cs.-eseeeee 50
cs principal data for compilation of ..--.-. IP Pah Pe wit ge oN 50
showing distribution of seals, inaccurate ....-.-...--....-....- 52
Contents Of< 2.2 Ook eee ects ee Nene See eee been Cee bee eee aa 460
Dead pups on the rookeries considered In...-.......-. <----s--5-ce0--2-c0 86
Delivery of, to‘acentof United: States. sn. ss eer e aes aoe epee ree eeeee ee 2

Error relied upon in, to show increased pelagic nature...........--.----.- 111

INDEX OF COUNTER CASE.

Report of British Commissioners—Continued. Page.
Fails to show change of management after 1880..............---- +--+ -e-- 68
Frauds alleged in. (See Frauds.)

Insonsistenelen eters fos at oes ss Se Sled od SSeS Bs et 81

OY ASLO AGUA COMION. 4-2-5. Sass ee ee aie ee ee 63

Inconsistent statements of sealers in_...-.-..... 2.50020 esec cece cues wccee 96

Insufficiency of evidence in, to establish aquatic coition..............-.-- 63

PAL Ole LibiNtin© as@e sae ecrsa ca eiat csacicscate cae sac sce ss ooeee Ose ee 2,3

ROSiiOnyOl, ONy AG AWbLCACOLLIOM traatattaer toons vere ais n'a =) ooo aro nm nel oo eae ee 60

Position-taken by, as:to feeding of cows. 1.2. ..22. 0.5 42. 2b 2b hea ewes 57

RSS MlAPLONSs LO OSCUMUM starr actroee seit toe oar os rol aeiarahe ioatar a tte ote ete 121

Reply .OsU Gi000 wi bes UO, 27 sce cous SL teehee tee Tove ak oss Re 41

Seals lost by wounding not-considered in.....--......-...--.-----------0 97

State sealing in Bering Sea not as destructive as in North Pacific.......-. 84

Tabulated statements of white hunters in...........-...---.----.---- 0-0 96

My UeliVereoe, st eendas emanate seins cawee scecan weccdee <cacsa2eeues 2
hichivol protection and properuy, im sealse=sseee ten eees fees ce. hee ee eee 52-40

AASNCLUMOM: Chat Ub) IS MOWis-sas anes cee ne ee eee occa see nes ee ceciee acinone 32

IB TIUIShs VAC WS: Of Clalms (bOlsasseer as tae a aos ao nt NA tA so othe ee 32

Ceti Ofe MLO WC Waa. ate wicker Soetoryrctate teas rate eta ee ne tie a ere ete a ee ee ne 38

Clarmedeby Mrs Bayard= jecee sac sence own cine cee cee ais eee aeons see ee ee 32

“ Mit BEV Sc etacinre et ene ise eae os oer Peete eee lee Cee URaonab
es Minsk Welipatracmaacmert cee Ome nee eee ck ee eee oe ee 34

Des Daw Son MasCUSSOS tans soto a Aas oa a add Tara aaah aconateee ae 37

Facts relating to, mas GUS CUBS CG re eye tehcrat et terare Grate rice teranciccters See ae ee 37

History of claim of. - eee eleteae ate Be Ss pearance wea 2 atts 382
Robben Island: Redrones ¢ on, cleared of Belk but not Cin DL castaeeoa eae ea 111
Rookery :

PMc annoOnyhAaremis OM! oon accciecee cece ee celee cc aceernicnie sen saa seen ee 75

Northeast Point, number of seals taken from..............--------.------ 17

s percentace Of quotanromee-—= ose - ees esse ces bes ooee 78

Holivina, MOU TOSCLVOG area asses ane nase e ess soe cess oc cance ee eenenee 79

iG only. 25 0ldeadipupsions inl S92)- ae. ose eerie oss see ee ee 92

eee chile cece ha UENO Of Ol ciciets mea eens mio cicini= hos emacincym oie else ea eeneoe ae 90

RGIStOI NC eAOgp UPS OMe eats eee seme c ieee oe ie tra a eet pane 89

FAPAanie, Not ATESCEVEE ALM ooo. co ssoccse emcee aejawie- Madan 2s : 79
Rookeries:

Chanceiot a (Sce Change OflsOOKeLles, leeeecee cece cys se eae eecieeeiee element 109

VDE Gyn sy 00g rt Note ore Nee Sele S > oe eet a ee OR are One ES rem pe ae 86

Formerly on Northwest coast unproyen-.-....-..-.--..-2-:-:-:------.--- 109

Mocutionof depend emt onusolapione es qe sec eee eens ee eon se ece aelee 109

New Asiatic. (See Change of rookeries.)

RENE LANG oe cae ioe nee ear aamissaelan pets baimied obde Seenianue colder 111
Russian Management. (See Management.)

Russian seal herd, intermingling of, with Alaskan herd -...-...-........----- 48

Usha sac MONI OO eevee ee ev me ee cee Sel Se haces Sthiee beets cobs ates 29
“¢ colonial system. (See Colonial system.)

(title. to shores: otberins, Sea Undisputed -22s2ssssscesees se ecees oases 17
Sam, Prancisco, countiotmskins at-tssee oe sees set sociek Seat teeta ec cestldenscse 116
Sand Point catch not included in proposed close season ...........----------- 127
Sayuare, Amencan Ownership: on seas ae ee eee ice Biss Fase Gaad ios. 4 va ss 130
Schedule of claims for damages. (See Damages.)

Sehenie: or rerulacians PLOpaged oj -esiasce en ansase addes tou cuetlecdate satelcecwe 125

Schooners. (See Vessels.)
Sea, Bering. (See Bering Sea.)

443

444 INDEX OF COUNTER CASE.

Sea sealing. (See Pelagic sealing.) -
Seacatchie. (See Bulls.)

Seal herds. (See Alaskan seal herd, Russian seal herd, Fur-seals.)
Sealing. (See Pelagic sealing.)

Sealing chart. (See Charts.)

Sealing fleet. (See Victoria fleet.)

Sealing, logs of—

POO Feet eae nae oe sone eerie ea aaa e Se etapa cere ieee eer

¢¢-_ Principal. data forcharts in Report ...2.-<2: 62. -ce-cesseen

DGD Sis So oe ces oes Cet chee oa hee ee ae a ee eee
Sealing vessels about Commander Islands in 1892........-.-..-.....-.-.---

Seals. (See Fur-seals.)
Seals lost. (See Pelagic sealing.)

Seals lost Wy Sin ened a ck aaedeice ee een eee eee eae

Sealskins—
Bundling of. (See Bundles of sealskins.)
Counting of. (See Counting of skins.)

JEEVOahiia( eee Sal ee game aa aa o aT oe Con aaEad Deana ano5 Joncoac Heae
Secretary Blaine to Sir J. Paunecfote 2... sens ecco ndesanhacces skies

Seizures:

Cerin, of sealing vesselsjadmibted) 22222. oo ee. + neil eerie eee
Cooper notainyjuTed Wb ye. = ca <5 shee ae ae siee see an een teens
PIACCIOL Hees coe ee eer anlaner er rciseerrer serch eecenee re eee eee eee
IROASOM GWOLG MAIC haee. sone clo ecets nee eine cine sae innate cabs cies eedernerers

(See Vessels seized.)
Shedding of hair. (See ‘‘Stagey ” seals.)

Shotgun, general use of, in pelagic sealing. .....-......--...------------
Sinkane ReassOst Dione eae ces one oe ae een eee en ne ee ee eee
Spring catch, average catch per boat in..........---.---.---.-----------
ORSiaeey 7 NeMGU ane. om celaem arn cate a alone Ge one tee

“‘Stagey ” seals:

Alleged; not found in swater.—. o.oo llee eee meee an teiae een
ITY TEN eG ORO RR Sa55 coed on aa eoos one se66 gose SS05 ose 5 SSeceoesesessooce

Stampedes:

Noseyidence/or ange =. cana cicsinae ce = cleanin ce octane eves meteeen eee eee
Nota cause of .déath Of pups s-c2..2s2 soso5 essen eee coe ee eee

Standard of weights:

AVELAPCRINCe U0 G. on one = bens ae eeha= sane as eee alee eee eee
Fell below average in 1899 for first time .........-..-........---.---
Reduced jn 1889) 220.15 <-,- seis, sigain/— tele) sn)= se ete aln ee ae ace eet
Stanley-Brown, J., on when cows enter water -.....-..--..---.--.------
Steam-v.essels; licenses proposed fOr... < 2<< cncs cence coe comes eene eee.

Suckling. (See Nursing.)
Summer habitat. (See Winter habitat.)
Surveillance. (See Bering Sea, control exercised over.)

Sarplos of virile male seals. 23. 2. 4 ocsie ts esc oiecs 2am cece eens ewes

Table—

Of average catch per boat and per man presented by report.....-.--
v3 invaprine Cabos sz. 6 suo tek! ass Ie Sete
Of catch per boat and per man omits years 1885 and 1886-......-...-.-

Table entitled ‘‘ White Hunters ”—

Only, cives/seals lost. by sinking.= .<. 22. cee cece ume eae cone eee
Sourees.of S552. eee cies so Soc ccecee eciecise ee eee «mae soe eee meee
Thomnton, American: ownership Of- germ --.. 5 51 «ian nian lens antepeieeeeeeele

Page.

49
50
51
29

97

116
45

129
131
129
130

123

97
108
106

106
107

90
90

77
67
77
60 |
124

130

INDEX OF COUNTER CASE. 445

Townsend, C. H.— Page.
EXAMINA ONLOle SEASID Ys saa tice a c\oo'- = clot soe ee ae ee Seen tee Mee eoc so deus 86
EE PSLlenceror, As) TO(COWS: LOCCIIM, 5 .o.0e)siau vival cid c's aoc es shinee Sarees = Las 60
On BORIS TOS ay. WUT os on oa aia cad ine eis tes IMR aOR ae te ss 98

Translations—

(See Erroneous translations. )

Treaty of 1824 between the United States and Russia................... 19, 21, 22, 24.
ss 1825 between Great Britain and Russia.....................2...--- 19, 21
ss arbitration—

British claims for damages under Article VIII of --..-...-...........-..- 129
Charicterofcasercalled: for: byes-ee ose. sare eee Sows Satie oe ene clin de nee 2
Contemplates only case and counter case --..............---.-2- 222 eee eee 3
COUBERE Cade UMN EE coo sana cde necap rr cnsieseteckcloh tei fun Rie ss Zoeee 1
Ditlerence\ of VAS ws. 25) tO ODIOCU Ol 5425255 3<e See week ct ciae db se oeete < %
How controversy resulting in the, arose... ...-.. --- 22. ween e es cece cee ee 8
Main question involved is the protection of seals ..............-.--...-.-- 7
Questions submitted under Article VIII of_.............-...,....---2--- 134

Tribunal of arbitration—

PULISMICLION Of, as’ to repulahOnSa-eec ce] aeeeecas nes he a oeeoks aac ocee 121

Tribunal of arbitration on Alabama claims, decision of, as to speculative dam-

REE m6 So GOOD COCCHI DOCOCR Cag OE CORCHRnONS pat Mosu HoOS Seco onde auedesoo cass 133

Ukase of 1799—

DP Cte BE AIBST AOTOIOR OED a5 ooo 3 ao. va, cisiSeane ort timeniwnt/ so 2-3 occ Soe oe 15
Object of, to maintain colonial system ....-.......--.---- 22-0 ene eee eee 15

DIRE: Ole Leet eee erties wines cone pelos ae aone ane se okie ns asad Aa eL Node 16, 33
Construchion of, by; British) government. -.. 2-2 .css soa ee se he lanes ects 19
Hareb neterred: to by Lord: Salisbury... .2- ~~ <.-s-n-5-- Medes’ ose asus 8, 12 .
SEO DOMSY A ANRB Ge oinia cocoate qolntoialaee aisares jnista Sechlaivand (oo cass were we Meteor 2 19
Renewed declaration of colonial system .-...--..--.2. 2.220. -20- ween coon 18

Unfairness of British Commissioners. (See British Commissioners. )
Me On Tie TY Skat ODSOICTE. 264005 sa: se -osacec~ esse hs eee. decd Jeb eseeedcee lee
United States—

Citizens of,interested in vessels seized. (See Boscowitz, Bechtel,and Frank.)

arly elaimOf Propervys i SCAG) DY si <<. cecieisn vnc ciewn cod Sooace ooo ohn eek 8
HM POSiON PLacuiCedsUpOW =< ccec o csteloeins ccc see teceiisceree m= ae </-cce sear 14
Repliycoigboporiiisht Case sass coe te smsce ace see ce eos ee eee Se a eee ii
ResStabemen tor thei cCAasemecessalyieseccecceccisaee cies sas cance oem even cele 14

(See Issues.)
(See Jurisdictional controversy.)
(See Right of protection and property in seals.)

WIGWROL,. 23) UOC ISSUCS (oe solace mais penis seme mshaedsae ca a ayowe 35
Vessels seized:
REET MHL OW NEES MN OL 2 an eini ie ae cies aS tana e daw ieee sao Se St we aa’ 130
Re Ra prSna cast LOG he mice etna aioe a enon Ieee rad ans Sain cba os dre 30
Ongnenstity Of. Aline ARGUS oe cma cmeiscinnic ops mace cine s.cacn cm edec.eUst nce cee. 130
GS CHGS ICG VE AES Acre Boos Se CoE o Roe eee ne ee eee 130
ao BUCKS IAMON Us eaotas a ate aot) aa oye eT et ee Slee hae oars 130
se -Boscowttzramv American, IN\. Be saanc- occ ee cscs. casecece cess 5 131
se EGR RIE ae Ss So NS a re ONES “a eSON se wie heed 130
Uy LOU DLS iG SSe0 OCCG REO EET OBES CoCr oo Cee O oe eee ee 130
ae CRG Cee are setae tele Saas ome eae Se cle wa weiss. Poaceae 130
ae UO) PIERS Boe Se 5aRS See ee oe 130
Gs THO HOLT P SSE SSB GAMER BES OS OEE ROC an 130
« SS CRANE R Coe etee erate el tern nana, Se ee ts Sk eg 130

as S UT BSS CREE SE A Oa SO I ar ER ee ge PE 130

A446 INDEX OF COUNTER CASE.
Vessels: Page.
Seizure of sealing. (See Seizures.)

Vessels; steam, nuniber lof, in. Victoria: Heeb. <...822 sees. aeee ee ene Se eee 124
Victoriafleet steam! vessels: ins. <2 ~ coos cece ccc cunt cesemeeet aoc tee arene 124
WW. P. Sayward. (See Sayward.)

Waxznins of ‘sealers outrot Bering Seaiisso-- .-2-sc sceleseaeem eet se ec eee 129
Warren, James Douglas, relations of Boscowitz, Cooper, and........-....----- 131

Waste of life. (See Pelagic sealing.)

Weapons (See Rifle and Shotgun.)

Weight of bundles. (See Bundles of sealskins.)
Weight of sealskins. (See Standard of weights.)

Whalers:

Closely watched. by. Cruisers <...2: 5.6625 cescsccssctcsces Cossscee aces esse 126

Protection of. Berins Sealagaimst, -.- <2. 5-0 U3 aec sae ees es amet oe eee 24

Waits of, toJBerin ooSeal. 22 sal ssds2c tee Meets. Sree See eee ae ees 24, 26-28

oe ob not inconsistent with position of United States... 25
White hunters:
Ihicenses Proposed for. ss 2k acsoc oases cca bas Seine cscs See ee eae 123
(See Pelagic sealing.)

Table based on:statements offi. 50232555. Je ee SS ee ee 97
Wilson, sit,Samuel,on nursing of, lamibs\. 2522222222222 estsescecen seers ese sere 54
Williams, Maj. W. H., investigation of, as to number of skins in a bundle ..... 117
Winter habitat:

AGL Vin COCs Dy bll Om ODOLby am ais cates ste sien alterna Siam einlee fee nlate ees 100

BUS oO MAb ESOL Oec2 2. qrcus seca beensscess sa cences aa snecse ease ee eee 101

Dalawinaniiclenh toes balblish 14 7sssstsa oats ere eee ntas sale ate eee ee eee 102

TOGA OR Ol, wh CROG 5 am. eae ae at ee ee ee ae eee ee 100

Object of advancing, by the British Commissioners ......-..-..---...---- 101

Only, resorb to; iy, porbion of-seal terd tes sesso e eee eae tee ee ee ee 102

RSE a LHR FT TEV OOO Walaa al ee ett mare ee oie re nen ee meee ere tea rr 103

Seals, followed. thnoug hyn. soiia ire cwds Sa efaiatel Scie tee ees eee es seas 104

Used to establish property interest of Indians in seal herd..---....--.--- 101
Wien ceEsOnilOiplll-Sealsteer sere cosas ma teem ee eta ate a == ene ere 101
Witnesses:

Pelnime pealera Overespod Jo. vicd. Qescrecet esa meow as ae eee eee 81
Wounding:

SQAIRVIGEH, yy aS Sosa nccasecens Saad ssoe Sooo Rces Sons ves edss Ges ose ossebss sr 98

Seals lost py,10t considered: by, Report: --.--..2m-3235 aoa ee ee 97

Zapadnie Rookery. (See Rookeries.)

Zone, protective—
Increase of, by 10 miles for 10,000 decrease of quota. ..--.. arene yatebeictele Se ert 127
PEO POSED Dy CODOL Ua retatetate ele pate le alm intel inlet aoc ete aie tee alg 125

SUBJECT INDEX OF APPENDIX.

Page.

Abbey, Capt. C. A., deposition of, as to money taken from the Carolena ..-.-..-- 341
Ada:

Setzurewomthe: ee ose eee caress sine eee eeels ante eee ec isace 423

WEN GIN Sarees Le cS 55S cos acdes Gobuy SDSS DEO OOO NOOO > DOCU EOC EES Sse 344

PULOCLIOM HAuW SOD! MOICR AHO, PUphte ce se. ance we ere einensie san Saecsms wns sees 388

PANO MMA LEM Les arete Stars Pee sic, fate are te pen rcleretate en Mitta nr ese ety cinta hefeed gets tic oc ciclo 'w Se 278

Agents of Alaska Commercial Company who were also Government agents... 383
Alaska Commercial Company :

Agents who were also Government agents ....:.......------.2--2-.----.- 383
Neverensigedsmpelaricisemlinone sc... --seetleatiss sfeemsie es aete\eicieiisja= © 381, 382
Numbenot pups sams ipurchasedsp yee sseeena eee sete ee escent ae ose 381
Seal-skins sold for account of, by C. M. Lampson & Co..--....---...--.- 416
Alaskan! fur seals water TesoruOf.-- 2. o--.- sac csnc se sis sehe aot Skee eens 361
seal herd and Kussian donot mingle. ----:. 2-2 -.-- = ee-se oe 363, 370, 375

Alaskan seal herd, Bryant’s report on:
(See also Seals, Alaskan fur.)

J TTB NEN POLSON Coe Seg pede neg ocUnos COGnAO SAE Ob SANA BCMA MEE See coo cere 276
POMC meres Serio Rae ine, seen ee nye oes dink er ee woh een 276
SEC WE Soa Robe pera tpSo Qe Eeoee ECG CMCEE Mes rae eats, 278
Bachelors intermingling with females: -.---- 25.5. so. -428 cose. esta cceesee 278
DaititleskomsT OO KCLICS aos sects sears sae sen ane sen, Seepiee aoa e Sees 276
Jey OO Nal Ny BokoG aaa CASEO OI HOET Oe Hr Se aoe Aer aacone Basra pce men eran 277
Bullfretums to same ispoureviery, yea acc oeceeeice ce ease iecoe ee oe 276
(COULTONE Sone ee Aa onetane atiets cee acetnen a St eerase see een asus 277
Colonolsmature temalesn new nas satel. seen es ciate neice a eteln aij see lek ae 275
Colorio ma turermMale sere sees - 25 ooh ee eee ots septa state eee eee 275
Calon OR Up ah, Diep = eee o se a te cine oo mara week AON ips whine Soe au ene 277
Coluret? yearlings en oames Seo oar aaih Bona Sa Sood s aaa iS oe 275
Cowsthearmnrst pup yiwhenernc2 sa o-oo cece sae ssct cease eaense serastekatremine 275
Cawagecct noe -525 Cor. 2 aie eee ee ee ecm eeenececets scamtlee f 278
Heparwuretol bulls) frombislamdsy = see. .- see cae sloseeea sea essieecceeeceee 278
femalestnom1SlanGseeis= = tears ecicie scla one se saerine as ceicoss., | AUS
DUpsEironmuslamd sees esac sea eee testes cameesce set ciek 278
HXerememijOnproOkeLies seme. a= oe eee cess Celmicy ep Papeateercec ass. sens 277
Pastine Or Dells GmrGOweMes. =~ -<. 1.-2occ-—5 seabed e baste we tsenc oleae we 277
Her alone tel ete Whe Meer nee 2.0 2a baat se Se ee ee eee e oicic Saw ol x chem 275
Figrer tems ss see See eae shea aet Rone er Oe eer as kak aoe 277
aReMisse fOr a UlODKO teen see eee eee a ee erase eet ee Soe Scryers 277
Male allowed on breeding-grounds, when.-.-........--.------ -2-.---+--e- 276
Pan R Sean OL sete cine eee 2 Sateen see ee snc Soke Vow to neh So ree 275

447

448 SUBJECT INDEX OF APPENDIX.

Alaskan seal herd, Bryant’s report on—Continued. : Page.
Numberjof-seals :-.02 <2 22 osu steeee ecco See ee ee ee ee 279
breeding cowsion St. Paul Island: - 2202, seseesee 5a eee 279
bulls'on’St- Paulsisland ~essceeegeeees] see ee 279
cows on St. George Island’ *2s.s--eess ease oe eee 279
bulls on’St; George Island <---2-sceee = eer 279
Nursing OF PUPS < --- 2.0 seo scene. meno pee ces enon eee more ere cee eee 277
Passares On TOOKerY) -.2 2 5-- soso eres sees eae ewer nee eee ee eee ee eee 276
Pops learning to Swim. 2. 62-2 ct ncce wee = eee coe eae ln See eee See 278
Parpose in resorting to Pribilot Islands). 2 "22 -\. 3-05. ceeece-< ee eee 275
Reproductive organs of male, developed when.........--..--..---------- 276
Returniof bull to/same spot every year .--- ----.cccce =a eee see 276
Rookeries, locatlomOl--.- —2--- ---ceom eee sree eee eae SE Ee eee eee 276
bize of mature temale.- 02 3.- o.cc Hoa ctie se occ eter cones seee eens eee 275
maturenmalele: Ft 5.cens fos Setealo eae coe ceeloee eee comet eeemees 275
HUMMEMTESOLE OF a. <s.c esse ne cee sole snini= Seeteaiaaie oe ayoe eee eee ete Sere 275
Weight ofanature females... 52225. 2.3 cnc ae ececcwies soe = aac sole ee cee emcees
mature males. ssccck ccc. ciss Cone ewes Sewn coc cca eas eee eee 275
PUP eb DU basse eee ee see eer ee eee eee eet ome at te tee 277
VOOTHRS. 3300 5 sone. avieccs atcwloeee wads Sous Senet nce hse teen
Why seals resort'to the islands -- 2 0952 2 Vee sit cs coe ceeetetee cee eee oe nee 279
Alaskan seal herd:
Capt. Hooper on mipgrationiof . 2252222. Sst ee ce cee aces seeps eases 229-233
indian hunters damage bubdittle ..2. 2... <2. ccs see ce ee celelee aise nee 392
Alexander, A.B. Statement of ......-..-..--.----- i a Le 242
Alfred Adams:
interess of A. Peankin the t2c2 cece cece eevee ect kL oe Sen eee eee 352
Ownershiprot the 222225 2-2 -c22s2ss-eeeereee eres tee ere se cee ee nee eee 352

Allen, J.A. Concerning number of seals seen off coast of Washington in 1869. 413
Ammunition:

Amount used in- pelagic sealing -.---22--2- <= 5-s222.2- tees eee censors 396

Costot cfutesectee oes erst st cee cee tts cehs Coe eee Steet ee cieten ooea eee 262
Anna Beck:

Seize Of the: 2.2, -2i2c--¢ 2oe eee teens oe Pee eee ae eee eee ae eee 422

Wale ofthe re-esceceenceec tes tose tees chet eee ke teas acee eee eee eee 344
Amak Islands not breeding ground of seals ..........--..-2-.2--------+------ 236.
Annual killings, Pribilof Islands, 4871389 .. 22... 2. 2 2. oe anew ae eee 425-427
Appraisement of sealing vessels ---....22.522-22. 2-222 -ssc050ssese-5c000-- 329-338
Wanatic tirths Swan On - +2275 ten e oko ee esas Peek eet ere 391, 392

Arbitration. (See Treaty of arbitration, etc.)
Arvet; Russian seizure of, in 1892.2... 22222. cee eecseecs ee See sae eee eee er eee
Arrival at Pribilof Islands:

Of bachelors .. 0. cet es eek cs ete ee cee eo oe ee ae 378

Oftballls 22.22 2t te eee eee ee tee eee es meeeee Serer eee tere eee mee 276

OHCOWS 262 = = senor Soe e eee eee eee cine = ete aie setters tetas eens 276

Oityearlings 22.0255 .8ec sere cbeles bette t ee oes ne cee eee ae 278
Arrival of—

Cowslon! Commander Tslands eee peer secre ee been oie asa etter 373

Seals on Commander Islands -.2).-4. =-test eo o--. eee ce eee eee cece ee 363, 373
Asiatic pelagic catch, 96 per cent females..........---.-..-------------------- 365
Bachelors intermingling with females --..--.-.----. ~~~. sseeccn ee ss~en=5 aeons 278
‘Baden-Powells (Sir'George; speech of: tee eases ee eee cee ee eee ee eer 418
Barnard, Mosés:8., deposition of, ...... S24 les eee eee ees eee eee 353
Barren cows. (See Cows.)
Battlesion rookeries sees) ree a neem ese ooo ce cee ee ice ore erate eee eee eter 276

Bechtel,.A. J. citizenship Of. 22c. 65 tow oe ees ne ae eee eee 351

SUBJECT INDEX OF APPENDIX. 449

Page,
Benlow, Clinries.d., Geposibions of 5. os... o2--.2-06 cb cane baeeloe ee eu bdne wane 353-358
Bering Sea:
Russian documents relating to foreign whalers in..................-2-- 199-200
elie ROOOG AEE ne = area sen mm nial arial die A 6 sik = okie Lae Soe aes 345, 346
ath Ola eae ese ie else em oe dank mena e oi aee sis --cc own Had cieces oN 277, 363
Ori C ommanderelsl ana seen tte te fara ian, ccie ala ciociae/ca see eee ee eee 373
Binckeiamond, IberestiOf Ae Prank IN GWE |. 5.0.5 = n.cconececes coc soap SEO Oe
ROS COO Oli SECA souk So Oe oC ers oe a Oe ae eee aCe ane 216, 247, 261, 348, 411
Boats of WAC HORIA MeO Lig Ooi la aeenee mo wa Sara, spac dec ee Ree ee ee 258, 260
Boscowitz and Cooper vs. Warren, extract from notes made at trial of_....- 301, 304
BOSCO WI1l7Z. Ge WALLEn erelagiON Ole oo 6 sae cvinmas ee es-e 226k ce cea Seah sens 301-320
Boscowitz et al. vs. Warren et al.
Pair cis trom CAaseronyap peal sachs 2. -pemn ares aria cima e anjotieras de Ghee Chane 313-320
Rectracis) peomieuidencemnneaseyOn mn. acicsccmeer ccatiescccaenc.cend Seeks 304-313
Boscowitz, Joseph:
CaiieeUshsD OF =p pete va nein tin eetide ewe raNiess. och . 255, 351
Testimony of, as to ownership of vessels seized ....---...-......--- 306-308, 313
Boscowitz vs. Warren et al., extracts from evidence in case of -.-.......--.. 304-313
Peed ine cQumela = sania seni si sis. < his SE peas ENO S~ Aes ses een 385
DIG GAC C8 O Ges osteo lage nage ale ocala nies hee cnet nee wat do's oot 276
inglSoa asrcompareds witha Soles 5. atts teeerceone suet ease oS. woos ce 379
Britishac olumbia; fur-seals) offs. 22-2 os nd sast la reeasee teas sk de ce bac 390
British Commissioners:
AmrivalotOnvtsland sy -cjraie ast s cin cian, s obis Ses lone cme ea cWEse codec on cles cd 8396
Examination of records of St. Paul Island by ..-...............2202..---.. 379
Facilities extended to, for investigations ...................-...2---.-- 379, 397
Draminen Of Orives Reon: DYs 2a op nee ne aen at Ses it Kees -GS ees am tde dine ote 398
Report of. (See Report of British Commissioners. )
Sam-only ane skullin go oe See oe reacisk ces seciohwiee eee anon eee 398
Wisitortorveriblor Islands: 255-255. o ne ese ae beats see sees ce oaes 398
British subjects, claims against United States:
Papp EeinuDe Pn. ---seetae seep nae nenan sac aeosmebemd deomne Jon ccs 339, 340
Wesimany Rel ane Tsp pies pnos esses ta sole aese tececliotieeies: Sekate 341-352
Bry (aaien, by 0 OR OStON OL. 5 iy Uo isep mss mare ao cieebisab bes fin Ee} sakes 358
Bryant, Charles:
Concerning number of seals seen off coast of Washington in 1869........ 413
taken on Pribilof Islands in 1869 and 1870... 414
Oiicialere pont Of) 3 eee sere rena ee eens aes eed aoe oom ee Be Be oy 275
Testimony of, before Congressional committee on increase of seals........ 280
Bulls:
Arrival of, at islands ........- Prise ene sabre aie aime oe ees Sete fae ras Secaa 276
Wepauuere Of tromaslqndise oso sp ap eee rer coSeee aft otaedeh shank hy esehe 278
Fiche O1, G1) TOOKOMES es <a: pr «aot s ak ce aes Sate Sew Re a-Si os as 277
Kear -torsame Spome verys yOarer ..ccwels = me osteo de ese oe aeniok oat ceases hy 216
Seldom seen at Neah Bay-....---. ste siecine wise cm Aoeeetaeen Sere soe See EES 391
Southemmiimibrotoldbsse sects ose Se cent ov cesses cas oe eee ateee 230
ee NI OLOUs poe eee reser. aoe sameeren We cae cee San Peetower bie Ss\22 379, 386
mie of PAssase. Olen ALIN 55.3 msc ewan cote ce es cerdnees eBeemeek Sele 230
SV GR iy hee ere rere Sree es oe wemes chs tec ameecaees Mamie m tes yotaiculde 390
Wimtermovements ol halt ono wm sof seein ae emiee ede ene aaeisectic ue face 230
WAIMET RES OR tOMmOlLMcromtce premio sao ae mine a cmrcisleac saen - iecsins wan cycee 230
Bundles:
Onl ytywarskatis ans Swed cles cote v tae seas Sted dala td aes 282, 359, 361, 381, 384, 399
DW eieelnmon ete Sem tei nt tearm an Nae wis Semi ac veetccee se c5 282, 373, 384, 399
Cancestoly VichoriaHleeh SSIS S92 Soes seas cmccics cassie tacccd cocceed oowcves as 258-264

12364 29

450 SUBJECT INDEX OF APPENDIX.

Cape Flattery and vicinity: Page.
Par-sealindugiry Of Swanton. ey loccmes cpeestaceces ae see eeeeen= eee 284
Fur-seals Off .... 2.0. --2---0- cece cece ee cece ne enna ee we nore coerce cone anes 390

Carmelite, Russian seizure of the, in 1892............. Qolie lle teeeeooee 202

Carolena, no money taken from, when seized..........2.-20.---- eee cee sce enee 341

Case of the—

TEE A Roe SAO DOO Or DOOR REECE COOL A Oo IOS BOS ara eo Cgc ote 184-191
DOT Ses ce tow sro d sevelscSe cece sete dies Klabes es cece seus te ae aneoce sere 180-184
IER NES eS ASBE BOSS OD SOI EO OO GOO de eeesne $oeera see 3555 Case asacoscce 175-180
Oaks, packing, Of SKINS 11s. \Soccs se eap oes eee eee eee soak ane ee eee eee 358
Catch, average, per schooner of Victoria fleet, 1881-1892 ...................- 258-260
from Pribilof Islands, entered at San Francisco, 1872-1889............. 409
in Bering Sea, percentage of females in...... 2.2222 scceee sec eee enone 370
TUGIAN | CAUOCICOAS Dice ce. po eke more ane ee eee ee see ee eee eee 256
IT D802 op cu pciwcdsbeowbeCcateccens emaedewsemiscabewcetcla sass emanate 346

of sealing vessels. (See Pelagic catch.)
the. Czarina, Composition! Of osc p2-miocte cielo clelatee tate = ae Sa ee eee 357
Favorite, composition Ofs. 5523220 20.2 set aca ook = Saceee see 354, 356
Henrietia, scomposition otis 2525 te: hee e cess sons Seabee nee cnet 354, 369
Tvanhoe, composition Of. - 2-0 hoc se noes es oe eee ene 358
Kate; COMposiien Of... cccc.c. ew see eee ears eee ee eoee eee 354
Kate and Ann, composition, of. -j-<. 22. .6 secon c cence cs cae snes 358
La Ninja; Composition Of. 22.2.5 .0- asec aicies ice soa eee ee a eeenoee 355
Louis Olsen, composition Of... 2.21. <\e assoc ccin's soa nea ee ele eaee 358
Mary Brown, Composition Of. 0.25 secese's ee eeee tease eens 353
Mary H. Themas,: composition “Of -'5< (252.045 2s ng tae s/c oe aes 358
Rose. Sparks, composition Of222jsos- ss se~ ee eo ce ceees sone eee te 356
San Diego, composition Of-: -<-. .o-a.- beck -cicoeneeace sees se atteces 358
Sophie Sutherland, composition of ...... 22.2200 20.20- cee-ce cencce 358
Thistle, COMPOSILION OF... .6seectanccenes aces cwustoeweuelesnemaener 355
Winifred, composition-of..uic. sc selec lease eresscccuesemees 354
Wiotoria fleet, 1851-1892 «2. Sua Se aee ea late gee weet 258-260
Victoria sleet, divasions Of. 22. Jo. once ee bocce ae see ee eeee 262
pelagic composition of, Martin & Sons on..........-...---------- e002 417
OG per cent females... 2 cossce sce. oth. Sstceeen aes eooe eae 366
GE IROI ane ccicancicnesCdnvast sogese ses 7=<caeoeeeneee 407-408
tates Convermtlnes 2.62.05 55. Halon ee ede oes eedoe sede 411

Certificate of salelofseized schooners..25 2.25 2 secck . ccc. coce asec cece nesce 421

Gtertering of vessels, ‘cost of... 222. 5.2 ess ccetescceesgccecceelsee deme cues 343-348

0: i. White, Russian seizure of the, in 1892... 205.22 2s seec oa eset 201-203

sworn statement of Capt. Furman concerning seizure of, by Rus-
BIBI W922 coos wend veccss piv cee ccedy nce seem peewee 203-205
Gitizenship ‘ofA. J. Bechtel coos. se sacs s ccdsuceds eedsepaeeceeeee eee saee 351
Joseph Boscowityeis2. 22 st2.sc.ctesasaces ees ee peace eee 351
(A. rank vem eee aioe caso an sc aoe ees ae eee eto a tae 351, 352

Claims against United States:
fAcsHranic Nas NONE... 5:22 ca acieectecccce/seeecct= oe cos oe eels selon en ae eee 352
Special proceedings instituted in regard to. ............ 2222-222 s-2000e- 320-326
Wablesgcl stig, 00... 22. c4schsaaaclporsbeeeues duce os ae a see ee 2. bee B89; See
TegnMOny, TEAMS tO... ace sisioncniee Salaaeee > cbc ete cosee =e oleae 341-352

Classification of seals by natives........... Le SOSA eas. See Re I 229

Coast catch. (See Catch, etc.)

Coast trading unprofitable for sealing schooners .......-....------.-------- 246, 247

Codfish, distribution of, in Bering Sea .........6 <scjs0esecessces save tenmesscusasl ieee

SUBJECT INDEX OF APPENDIX. 451

Perini OMI Remoena AbceGes Ss ad'. tte Stee Ss SLY a ne pe a Vee PPD 277
Ee LE a SES See ee ae a aa a Emin, gine ay Maw ter Rana 359, 373
GMIPMEIMND sconce sas ecas oes cosas Oi yey cet ema. Boa Lee 364
Color of bull..-.-.. See me atcnnam sceiae ose vec ss 28 sae Pek ee Chak eee eee eee 275
COM paris rai fe Nerney wine aeisis ae a1ciciv.c'ssiesicles sls Se kb cotanes cae eee 275
Wap tiliiieans Seeotees aciscas foe 5 o5 Spc nc.c tc acks sees eect eRe 277
eas Sanne se ce saadoctes aceccesatne ones e aoe w bis ae eet
Commander Islands:
PSH PUPMOTE eso aamea Seoaw nese ewes hs Aekes occe cee eoaaeS atswe ho aes Stee 874
WEE Toate AaSeeM OMe setae eat aisseaa asus aen loess Jess se tasoh cena 375
Ec henson Gt ter inpeMNe ON Geese stored za cS lsc cec od sedan lise ce Spee 373
inte Gl wrringOR SEMI OM a2 ahs Fie ceceie cas’ oe abee. neces salons laccl eae 373
Fur-seal. (See Russian seal herd.)
Seal herd. (See Russian seal herd.)
Siinsphandiled:care filly srictias car coeds cane ce cokes ee lcc ec ckloe cc oka 376
Communications concerning erroneous translations Foster (Mr.) to Tupper
(UL) ESA ee See oso Soe Se he Ae Be poe ale oie tee a ama 151-152,
CM PUSINIGH. Of POlALIC CALC Ma sacosacaben tre sse foes tes ose cee Vee Le bee 417
Condition, relative, of breeding grounds, in 1891 and 1892 ..--........-....... 379
Control andjdomestication*of seals 22525256 .cescete so eac See oes eet eck h eed 364
pt seals passrbleronly OnvANU os. see does tee aloe eon ose ved olneeee eee 365
Cooper, Thomas H., testimony of:
Ais; LOO Wershipi Of vessels’ SCIZEd = sa. ssjoceteestinccileccccs cacccsesessses 321-325
In regard to certain claims against United States..............---.---- 321-325

Copulation. (See Coition.)
Correspondence relating to affairs of Russian American Co. [amended transla-

Meena eae tae ase en eas Se ees tans seas eases soe sos eas eee aes 154-175
(See Russian Documents for list.)
Corwin:
Cruise: of itt 1802652. asec en dss tac cocci dieses ooce canis sobawesteccete ees 393
PelaciG sexi ne IN VestigAhlONs Of. ..2 olisciemacqcce aninas vaccecbanass 207-233, 395
Cost of ammunition........ OSD SSbOEOAE Bombo DObO DOOOUCEDCOMDOC SD EEEG INES ose 262
sealing boat and Outht:...cccccec-saeceescce cecces cosnes 246, 247, 261, 348, 411

shotguns. (See Shotguns, cost of.)
outfit of vessels. (See Outfit, cost of.)
subsistence. (See Subsistence, cost of.)
vessels. (See Vessels, cost of.)

Coulson, Capt. Wash: ©. report: of |. 5.. cece etcerecte ceeewticcse sdcees Uecces 234-244
(See also Reports, official.)

Counting: of sealskins on: the islands -2.5:< socceiceseccewes oe Ses n eee a eee scece 282

Counts of skins. Comparative statement of, from 1870 to 1889.............-- 367

Cows; allection Of, - fOr PUPS wets sai otetere row acid stewie setae once tae wee bobs 393, 398

arrival of, on Commander Island s-..icrcccjseelete wien eto sores se cee coe ee 3738

Pribilofils lands. ssotasee se tes oss dee sense ssowd eaeeee 276

WAITS seers puncte cwins tees cram e sus clas a bamiclese ee eee 366, 370, 373, 377, 394

DeartiTsG: PUP wwihOnes Sooset ons cter ca taletctewiweiasdonalmrernte seta albe oat coos bios 275

Hee insMearimio te wiki ois so ae ee nclororarev deta alah votstoteer oe ute aes bus ood che 295

COLOR Of AWC RM AtUEG bo stdre aire < 5 Nore rote near ore ler neers ele ee eo ceees ees eebed 275

departure: of, from islands ye. ~-<-)o5 eo 2 eaten ere ctic eh closet cal eeee wad 278

fed etOf oe eer emanate Bee Rohe orak a ntotee cbtalcetdetcec- oe scat 278, 370, 393

OXCUTSIONG! Ofte ce eckne cies cane nae Peete sec cc csns.. O10, ol Dp ool age

FOO Ofeee sa aee we ee ER aes eRe Rea tere Cen be ckas sae ceetlncodeee 394

fallsize-of wien atbained--e24 52 hee see ne escec we bake lise = olcs umn sciee coals 275

Harvemliferok ser mens See ae pwetece meee cc tet ees nccmccaemacciedesnioee 386

452 SUBJECT INDEX OF APPENDIX.
Page.
Cows, movements of about-islands 2-2-0602 ann ce wan soe oe aaereaeee 267, 386
ninety per cent and over in pelagic catch are...........--..-------0-- 374
not killed. on-Kussiam islands 22225 --.-- ss. conseeaeseeee =e aee ae 365
MULES ee sae a ee ee Saas Soe yo omaeien a ere ae cere ear ale ae eee 394
destruction of, by-pelagic sealing 42. <<< -22. 5. stjs4e-a4-a-5e sede 375
Proeceeien “Ofs—. 7. . ae eee dt Sana een ays aes Sele ae pees eee 397
select harem to which they belong. -.........---.-.--------2---ee sees 385
sizeof, when. MatQre ..7....2--.s<stesons eos eee es eens ee eas eee 275
Weleht Of wen Ia HUNG 2s Soa oe a ae ar nine Sie -eetese pees 275
Crews, white and Indian, of Victoria fleet, 1881-1892.............-.....---. 258-260
Curmes of scalskins; manner of. --.:-"..-- -. 252.0 jee asst Pease sen See 279
Czarina, composition of the catch of the .............. ----------2--+------<0 357
Dall, William 1 deposition-of. .2. ..2- 3.2 22hgjed- han sh ee ee 359
Dangers reported in North Pacific Ocean, extract from list of ..--..---..-.--- 288
Dead pups. (See Pups, dead.)
Death of mother causes death of pups -... ..<.--- 20-2 -s2 6 cs 02+ wees mee wes 366
Declaration of seizure of the Mountain Chief .2>- 22-3 <3. 2-5-5 - cee sean ee 419
Wecrease, Evermann 00 — <0 2-2. occa ame dn eem eae aes 266, 268, 269, 270, 272, 273
in North Pacific and: Bering Sea < ov. esas <niaeuetst 22) Sr epee ae 346, 347
in-waters around islands ].=.< 2255.2. ce cce-eoseaaoran wise ae eee 370
of females by pelagic killing and raids...........-...-.---.---..--- 365
on Commander Islands 2. 5.5 32-2 222.222 cose Semaee se ea. Se Sse eee 375
caused by pelagic sealing 225-2234. eee 375
on Pribilof-Islands);-. 02/2. i teiese sabe jccees Sse te eke pee 385
SNM Oils = So ARS aos at codeSogaa6 Soe S ase saneed -Sauemee.ssasson ose = 392
Departure from islands of seals:
TIRO Olas See oo ates savae oe Rite sie Sere cea a ae ee ei cane a ee eee ee 364
OF halle: genplan ene eee as saci os eee gee teen ee eee 278
OMpemMBIOS: 2 2.5 cc occa sees ae soc ee aoe oe sactinosce aioe ae here eee eee 278
Of PUPS ..--.- 2-2-2 2 oe none nn een eee wenn cnn ee ne ene es eens cee ne ne 278
Deposition of—
Aa bey Cohn annem nn sen hin a asec asi yen st eee 341
pare MOSCS Soe aos a Somes om ae ener =n esas eeee eee ae 353
Behlow,. Chacles soo ae cea ee <a eae am ee a eet ale aa ie 353-358
BLO Wilh) ARCR Wrenn incl e cee in ne ein eal See ae eee ce ited eee eee 358
WallwWallitameblcal yu--- 5.6 228 cere Soe ia ese cote Sao = ae re saree atte 359

Birsleirie M0 222 onic ect sc ic ome oe oing Opec ayes ae bamte ders 2ePe ne aay ae
Ferensen, Walter Oo 2se 622 op epee sercrrecontn Pe ieee rd ee + aie
1D bets \h/cel s As CREA RS Seo Sod SMe ae a SO aOnSoo see cute sOca ira doe ascw-e- <5 341
Grobnitzict, Nicholas At ose ae eee ne ns ran eie- SS -ee easiest eee 362
Heilbronnor, Maxewct.2o.0 tei cecet - 34.4 gece teteiacs id tem Senso sees = sae eeaeseeee
Pod es0ng NY senna Sn ce aepe ames ernmcines le were eae eee ees
Hooper, Cn 12 <ace-sn-ceareeeecees cc pean Opti cekleeet bed noe er oe oe
Dawes, MT occemptadien Rabe nice adn ep ee eR sa ae ae Sa a
marentisens As? soscentpcoepekerocrer ses nse cece tes chee eene ete e: 2 eee

donigons, Charles... 2-2 feeep epee ore ace roe res secede aoe ees 344
Meotyiyece, H. Fa... st ec soe meeireew reeeerréerercerss -2n one os eree ie eee 371
Mel pare AlexanOer: soon an seeree See ae ee paces ceGuen siesta ae dates 345
Moles, Daniel... -s--¢censses ne oeeece reeds feaee Ree ee eee 316
Moree SOHO les ons séacecue teeeirsecerserr rere? pact ecee: eae eee 347
Malowansizy<J olin =, <0: 2820 o2- see rss pees eres che eee ee eee meee 373-376
Martin, W alter Tecate cease = oe eatig seeg epenae- see bases Ga: oaeoeee ene eee 376
Morpan, Shomas loos. 2e ss ane ec > oe esccck recy oh sues che aeele eecleh eee 376

Murray, JQS@phi.<. des sas sec cecaece = desske see eeeses seeee hase ESE eee
Myer, Martin, . vasessessess cos os. cane Secor: Beant are aateve=ERerer lresieiee 380

SUBJECT INDEX OF APPENDIX. 453

Deposition of—Continued. Page.
We linalin sre OLp Wier csie cise eins a[sa- Sas 6 sreciam is oan co eee ee neecpioee = <—=— 380
et eme IE UN UE earn Se 3 ois es owns cana) a ~ Shee See eaee essa 381-383
[eter oinlsp Ecaoy tage Ce ee a aS ae ee enn eee ASAP a Se Gosia 349
Tene snSiSey G5. WAS SEE See G ES ae ee ee ira ee a fare a Oe ae 383
LOSS ele OU sya] iee saat yom ete lalateciets siaieicle Ses «= wane <1a)2 « aiu(a cine See eee eee 384
SERCMNAD JB LAAN) Ss ek de i i Ee ro peers ose
SATE ssEO Waly.) OSC DLE em etasissms Sans cis aas.n0) <oojanc0n Bs oe apiecenn ores 385
pte AMOS! Gre oe a eietcioe ota atmicicie Secon wena oS cls mcis ces cice/s ae peace ee ee 390
BONWHN ERO gO blue tema ee onc ee fee cana 5 Sais = ow ow sal os sees een 392
{IIE TLE) sos Coa Og ses SHOEI ESR eo SOS ASR Sac BOED AOS ESAT eaeeanaog- cer 350
Vanier en CO meee pieterso\. Sicler ste clelesie ee an cate c's sloines Seas es taricacocienes eee 351
Wallomis:) Wililtamighl soo. cee ea eee eae ces ca asa wigs es spise 352, 396-400

Diplomatic correspondence relating to interpretation of treaty of arbitration.
List of notes:
Pp leudG Vin: pole OSLeis@VME etm retemiate aa clen(a (ec vinisamnjaenis\oninolenc <= ~'ocec (cae 150
OSteD (Mr: ), TOMELer DOEbNUMnY aecise conc Siese= seem cesa oe cette coc «5% oc 5< see eeeeed
Roster CME.) tOctlCRDeLiTGsit. Meese es oa cine croeste <in-)alo = )n cies Soe wes (se cee alee

OSOUEELY, (1U0TG.): CO, ELer Derbi (Mts) rosea ose asec macs sae ece owen oes. cosa cue 144
PNT Sate LEON Of LUC TOOROMES can inane ce an Care mdined aman «Rae meee tae s sane 378
DiniimnpaAnce GF DLCCOUNG CTONNOS = aetees i sce sein inseam aiejan= ales oan = lances 276
Division of sealskig catches by British Columbia sealers. ........---.---.-.-- 262
Documents, Russian. (See also Russian documents. )

HACHHNULES) Oli otra ele eons sain iahe<iceieietne aeicinleicis = 3 follow.. 429
WADNOEA Wide Olaemiamtr ce scsmasasee ecce scise scrasiens see eace 153
Dolphin:

MEIMO TO RAO we eet wa seterasicide\ icin ere is aisle osine omic ew! caeie ee amino scigalsejus cre 421

\WRALITEN OO U1 Sa Se ae ae ee enc ees 344
Domestication and conerol Of, the sealsy- Se 26 2 Se hewn = wa wjn soecw ae somes o eee 364
OPA e She ae ayre4 ha) Aor SHINE beset She apa sila ee aceon me Bebe eesoeescocse== 399

number of, seen by British Commissioners .........-...-----.-------- 398
Driving:

COWS THe See Ss a SSSR oat ducHicbeo ainson Coe SapeoC oO Dera Seecsre.- = 278

HskeNSIOOROl ALCAN Obie calaate oe sts aie Serine Se taetniafe Seal sicls =: ain(sje a asic yore alee 372

Males Oba MPULCOeD Yates cess mse aace meee cen c eee 2 a nmeties\enis sc /c/scersaienies 390

fey gh A pepe ie ma ee a Rein eR Aen ia. ao oe 281

Io niny WTS boyy Baga: PSA ISS Ab SOS so8 2 anes coos See seeesdoceaace 389

Not injurious to seals ........-. BSE IS SOO ETS AECL Roe a are eee 366

OuyGir [DIG M COIS AOS SSSA RABE RES ae ced ln GeicaeS Sone bocop ou BSaoeead: 377
Reet sokape)] welG ri Nr eer a aseismic os Seicias ca cites Saw eciem\e See sferiac, OO
Employés of Alaska Commercial Co. ae were also Government agents -...-.. 383
Equipment of vessels. (See Outfit of vessels.)

Ps kcinew McC. <depOslbloMyOLesa oo. wonae fees ann Se lsc te nce cm cen eae nee 360
Evermann, B. W., notes on rookeries, Pribilof Islands ......-..-.----.-.---- 264-273
Examination of one Of 1892 on vessels seized) 32. -.- 55.6 aac Soa eaes OLE
Rcreme mh OMe LOOKGIes mass sei se cele See se ee nieaeeciomins sas ~iaeaia OT i, 360, 377, 387, 393
iP xn Onis One eM value p Gliese ence sere aoesce mise cic cioasiemoinie 2 oatererain em iccine) = eieaia'= 249-254
ExfsnsiOn Ol dnlvinOralease ceric sl seca eo ce osname ain oie nioteciniaige see's ooo soe 372
Extinction of herd threatened by pelagic killing.....-.....-.--..------------ 366
Fanning, Edmund, extract from letter of Benjamin Pendleton to--..----.---- 293
Tashi Ol. Bilis. ON ROG KOMON. ce cntac=o- 2 cooeeceses soceee fea etm ees amen see 277
Date on fiit-seal ile Amen Gas a len OMe see a. see cee se ie simian socsne ene = 289
Havoriies - Composition of Catch Of Lhe. 2. -s2 sec -n sc. -ca~ scene ss evecics-s oo4, 356

Feeding. (See cows.)
Females. (See also cows.)

454 SUBJECT INDEX OF APPENDIX.

Page
Females diminished by pelagic killing and raids .............-..-----..---.- 365
96 per cent taken in Asiatic pelagic catch...........-.---.-.-------- 365
pelagiccaich.. -on2- 225. c.ssncec. eee 366
Percentage of, in Bering Sea, beyond narrow zone around islands.... 370
catch in Berine: Sears. 2. feos es. eee hes ee ee 370
pelagic sealing (see also Pelagic Sealing) .-.-.-....---- 248
Ferguson, Walter i. Doeposttion..0t os s.- 62-25. ngo- neta ataas ss 4a eee 361
Firearms used by pelagic hunters. (see also Riflesand Shotguns) .......-..-.- 261
Fish, distribution of cod in Bering Sea... 62. 3... 025 n+ 2-0 Some: pp eeelaeee 235
Fisheries and fishery industries of United States. Extract from......--..---- 284
Pleetiand catchof 1892) sealing 2... cscetece sacs qe cinsecit a -leeceies =e be so ae
HO OMOM COWS 52S: ccemsasees case e oe ods Se SSe <b estes seas een eee Eee 394
Seals; kalled Worase tien cons Gace wcdiccoce cise sme sae eee erie ae eee 278
Fowler, W.H.C. Deposition of, as to insurance rates.--..--...-------------. 341
Bran, Aycibizenship Ofer cco oue sc eitico see vas secs oacbines See oeee eee es 351, 352
has no claim against United States..--.........-..-----.2-------<e 352
interest of, in the Alfred Adams and Black Diamond ..-.------------ 352
Eraser Alfred statements, Of cs... cfc. 222 cescoees sees e eee cose eee 415-417
A, concerning the number of skins in a bundle..........-...----.---.---- 415
*B, concerning the number of skins sold by C.M. Lampson & Co., per ac-
count Alaska Commercial Co <2. cscedisaecreec< o= oe cones oe =e Se eee 415
C, concerning the weight of skins.-.....-. anes ee ea a SN ee Pe 416
Harman eM sworn statement .Olas.ecmivess od casie cleo ctonse ss See ae eee 203-205
Hur-seals, Alaskan’ winter TeSOrb Of 22... v<cess boost os-cjnc os sce Sore Saco 361
Bryant OM ooo se cen ase aise woes cece tees ce mos see ceaeees seat 275
characteristics of, off Cape Flattery ......--.-----.------------- 390
fatevotin-Americas Palmer On. 522 ee.cinm se oa eae See ee ae 289
industry of Cape Flattery and vicinity, Swan on--...--..---.--.. 284
HOt Wild aHiIMalS 2.500 esas so ke ne Hee sp sooo) ee ee eee 364
number killed on Pribilof Islands annually, 1860-1866-.......... 93-199
on Pribilof: Islands. sejcsaesss sae eees ee oe aoe eee 279
POLY SAMOUS. 2d ssn e ca vain cp ew eas soeasdenacas ante ee eoeelesonee ae
SCAMIMIGR GN vy owes de xeae Sod dskes me skemestee ss stec wae Hee eee 293
sleeping, principally taken by sealers............--.-.----.----- 395
stampedes of. (See Stampedes.) :
Government agents who were also agents of Alaska Commercial Co.......... 383
Grace*
SRIZHEDOU ANG occu bac kns Sanee clases bc cded Soe honiena dun cele nacaemsceetdeme 422
WMalltieyot@unen cscs cccse- co en anieass cteiesieecs a sees acon casa eeeeee 344
Grebultizki, Nicholas +A. ‘deposition Of _ 22.2.5 Jos,-a-eoesees sesame -ceoneeeeee es 362
Habitatwinter,of Alaskan herd >... occ -s<cc-casetseacce cons tone cedepeenicces 371
(See Resort.) ;
Habits of Alaskan fur-seal. (See Alaskan seal herd; pups; bulls; cows;
bachelors; migration.)
igre alariiyan= . teac wctewsied sccnine aces komarebess cebem asta e<qeaemeeee 378
Russian for-seal’ Be se eccees cnace's saad semesosms~tieeeceee oaeeeeeeee 363, 364
not affected by methods of taking on Commander
Islands,. sf sc ek csse cake ctee nes coeeasee ao celine ees 365
Handling.of£ ‘Commander Islands’s\skins 75. oecucieecses sas en ceseneses centers 376
Harems:
WOLMATIOMIOE So SoCs diek ce deencduapmeen sees eae aon seu ceen eae eeane ee 277
Lifeot COW BAR cp ctiseis Con ae Sad ce slaae sede eehem ek eke ase Rach Stnen ee eeee 277, 386
Séleciiomof, “py: COWS pacecsic << aeons nicceee eee teee ee Soeceeosoae seen 385
SIZe Ol osoe a sists sae sam cite oeees seiouio's ae okie bie mae oan es 264, 265, 269, 377, 379, 385

HaiPiet, caso Of th): s< nist ccadncastwacs co toes ee ceme teh cae ene actus cee eeee 184-191

SUBJECT .INDEX OF APPENDIX. 455

Page.
Puetipnonne revise CE pOSIULONS! Of, <\.' 10 = c's etiam sass So nee aie, cee Oe Ne eae Sele 367, 369
Henrietta, composition of catches of the....--. i e2oue Sede tse en eee 354, 369
Henry, special agent, Report of (see Reports, official)..--...-......22..--20- 245-254
PMetrapns Ne CSpn sO Oran. ccs aen sed deuce soho cud med to hase ees eee ee weal 369
Ege: Of Cher MSSIAM FUSCA an acms sqauts «aces dostou vecseees ee ceeaes Sa eeee 363
Hooper, Capt. C. L.:
MSpOMiL ng nec aan seater agen rek eases ne O eal Vek tees sha See eee ee 369
OrdensniOessa= qesseteeescer se eases ia citisle nin se, side) aioe cece coerce 207
Reports: of (sce Reports, OlClal)r5 2% san cles can wisead ols soe ota s eee eee oe 207-233
Hunters, Indians (see also Pelagic sealers) .....-..-.......-.--2.---- 255, 346, 347, 348
Improved methods of management on Russian isl ands SOR CSCO ORE SUC abobiciner 364
Increase:
BEY aN GM cacaciejaloe Seordooe SoneSee ease SeeGSCeO = aor Seas SB oor Odeo aoc 280
How to. secure.) pniaminoll GN) boc den sdenss coca atsecec-cnasuusuees see 295
OniCommand emia lamOs acreey= cian seme) sce clacsonmsarisels\ = Gels isc attic ates eeeee 364
OntStePaul Island) foritiibeeny years <2 .0-.ccjcedessac as ces ps ts-sced cee acces 298
emmInOMmenN tN tomiaen am senes Se wada oan Gs aa we see g aside tic dw Veeeeee 279
Testimony of Charles Bryant before Congressional committee on......... 280
Of sealherd. (See Increase.)
Indian hunters (see also Pelagic sealers) . 2.222... 2200 -eceee connes cence 346, 347, 348
Didi, anterest of, to be; considered... .4. s<sdisSens sods ecstidees cessed 392
PIS AMIC ES LA UON A. ain once ceceincsinminwan qcenn dgimamh Wasco souls Usnsieele aes 248, 341, 342, 349
Pemeceriey Ie ANUS oc lc tamoeeemoas ca Penneaes wacaann sae seee Se cuetL oe 378
Islands of the Unalaska district, Veniaminoff’s notes on, extract from........ 294
Intermingling of bachelors with females ...... 2.222... 222. 20. eee cnn ce ncee 278
Joanhkoe, composition of catch Of thos. .2..5.-.-..sessieds tenes beasewk. cedars 358
James, N. T., deposition of, as to insurance rates..-... 2222... ee ee eens eens cone 342
Hate, composipion of catch: Of the |=)... 2.5 .c2sasiewacusasstic ra geceseebioae 354
Kate and Ann, composition of catch of the...... 2... 22. een cece case cece eons 358
beattk: RIE erate ee mone ame een ola Pes nile cimaielm miner eas det See ce eat othale Se ioe eee 282
Ma sible B26 ania 2 25 .c a oie aiminninienanwaim eteininideieien mans a onesie nemens ma tadedeuece 278
Killing excess of males:
Advantageous: -. -6<5 con cinnaeccmame coccnecnse cade canccenscodedelesscense 364, 365
IMG RE ANGS HERO ea ioiae cena sion c elon See nated ardour adie dower ae aes oh 279
Pine TOR SON 267 peel cea sewn ore swans sep pee Mancatewosun oe ete ee a eee 278
PRE GR ay ON TMA Ss ae semis acannon t snsotenice cobesogcueue teetiss 278, 281
one, seen by, British: Commissioners +. << o.0.00/<.caneinonll dod ceces GoRkA 398
on islands from 1817 to 1838, number in .... ....--.. 22200020 secces cece 297
on islands from 1870 to 1874, inclusive, number in................--... 282
gw: islands; Venipminelt ON. ts sche edhe hci Sareea Aides aus ede 294
threatens extinction of ae a Baeteateintanisapiniaiman denna. assem auiee oeweee 366
Re USS on eae sleepin aoe are eileen St 4a) a Hie awit dae Ane Mess eee Ee 366
Record of, examined by British Commissioners....--........-....-..- 379
ehowlaibe contined: to: maleg 2.22)... 2-2 vcs scanicuogs aeecce ne Neheutes Se 279
time on Commander Islands, extended .... 2.2.2... 2-220 ence eens ence 373
Lampson, C. M. & Co.:
Cataloeneshowine! “stagy” singel. : 22.2 ncniiccocls naeeecce Audcecekser 412
Gn nomber of sealsleingiin a bund le. 5225, 4 sonia oc5- Sno cen esd ates ctedenete 415
Ta Nuiye, composition of eateh of the... <2 scpese55s)cbanes cscresocsecees 355
Maven der vw Wis OLCLleEePOLrt! OF- — 5 < cess beats oc see oat cine kes <c cinb edt caas 263
LEER get 2 Site coves Coats (2 70 Eris WA Semesters age pS oe ge 248
Lennan, J. E., certificate of, concerning seals taken by Capt. Coulson in Bering
Dedie. mee den ee een wo eae tte seine Soactstic. soa la boataeee 243
Prbels filedsacainsh sealime vessels 2.5 2.-\.5< 255 sc. 6.. eco Soscte ce cetiebae 327, 328

Lorentzen, A. P., deposition of, as to cost of vessels and outfit. .............. 343

456 SUBJECT INDEX OF APPENDIX.

Page.
DOT, Case Of thé. Seco eis wan cnmee och cee meuene Sack oy auc kL ee eee 180-184
Louis Olsen, composition of catch of the ....... 22.2... -c ee cece ne ee nene eeneee 358
Lutjens, Charles:
Testimony of, as to cost of outfit of vessels...........2..-.-.---.---0---- 344
Testimony of, as to value of the Ada, Anna Beck, Dolphin, Grace, and IW.
PD. BONG Sains hie wate cat eae aa ee ee 344

McCoy, Sir Frederick, extract from his Prodromus of Zodlogy of Victoria .... 292
Molntyre, H..H., deposition: of - 25 sacs vce ssccewsovubieree neous c. nee
McLean, Alexander, deposition of... .......52<-.. 516. e cca eee ee
MeLean, Daniel, deposition-of - .-.. ...-.2 0c sscin ho a OT ge ee
Magee, John A., jr., deposition of: 2.2.22. vai Sieadese ose eae
Males:

Age of, when allowed on breeding grounds. Seno we mene mecdiwstastncoecbeeee eee

Colot.of matnre 2252 seen ace se oem eiccece SBE Mea os ee

Bull srowih of, when reached . i... c-Rel te ee 275
Killing excess. of, advantageous .......<. 2221. Wesel 364, 365
Only should Bo -Ailled :. sc evi se-vdn comer bee ee Eee IO) RL 279

Proportion.of; born-each year 202.22) vieied UA Lis. eee
Bize.of mature. 2522225. soja sc bene seas cat ee. eS

Sarp)us, killing of, increases-herd.....2- 5222.20. 5. dd ees 2 279
Virile, sufficiency of, on Commander Islands. ................--....-... 365, 375
Virility ef, not impaired: by: driving... .- cho ecco ck nn nance eee 390
WelsnGiat matures 2 2c sedan ds cnn cee te Joeuxlataonnes Stele eee 275
Winter resertio= adult..42 20-020 Sdicu.te/ Ja vie ae eee og 230
(See also Bulls; Bachelors.)
Majowansky, Jolin, depositions of. ss00. 5-200 -20de5e aU e uk Swe Ss 373, 374
Management of seal herd on Pribilof Island. Bryant on:
Disturbance of breeding grounds..-.......... b SESE BRS SOS 276
Driving, CAE iW a. dees. -6 eck yc. ctl vee Le OR ee ee 278
Increase of-herd, requirements for . 2.220 ee cew Note i nee eke ee 279
MAMLADIG ARG 2: < corp ete cna tense wenenpeccohees senses kes eee ee 278
SC, MANO OF 2p! a5 ana Soe ics ae ntacsoaccs tants eg 278
Ob seals for £00M 6c cine nen sweden beueed Gaus ce 278
of.surplus males increases. herd... ..0< sseenweseeeced cece cece eee. 279
ahould be:confined-to males: .céveics.c sete css deen seni SOE oes 279
Mannetol curing the skins... 2.0. co 0vc.5 e209 2 eee 279
Oil yielded bya peal ...+.... ence cttees ete doe. ALO ee A 279
Preservation of herd, requirements for ...............--.-22.---------... 279
Prime nealskins, percentage efit 27122) 42. Thi 2. See (278
Quota, annual, of sealskins that may be taken on islands ................ 279
PY cntiaminoh: OW 2. ko. nck aetninstutakes ann Sceeel cs DOLLA ee 2914-299
Management of Russian herd
Barren cows, few killed. -sveiwitso ak ee Bk ee ee 366
Cows not killed ‘on islands <.¢.c.2. codeine os Pon ne Ridge 365
DIVING a's. ve hes dene sateecen voile HUA, ch eee irae tee eee 366
Habits of seals not affemiad by: methods of takmg =... --253G\4, 28 ee 365
impraved,methods of. . 5. .cereiieckn sn cubsiee. oe ele eee ieee 364
Fucrowss OF sols ... =o Ks eke ven ice eee Bel AR ae a ee a 364
Killing excess of males advantageous ....... 2222. .eeeee ceceee cece cee. 364, 365
Males, killing excess of, advantageous...........------ 22.20. ---- eee 364, 365
VinlG a Dunant... 2 tio sarc wonle deat hae 365
Methods now employed ‘perfect... 222k EY Ee I ee ES 365
Palagic sealing compels teduction i in land patel icc ac nsee ocean ~ 364
Protectian.of females... 2 sJe5.t Moen ciccue Rees eee ee 365
Quota taken on islands, decrease in .......22222 222222 c ce cece cece cece 364
Virdle males abundant s3.2.. Wos esd Oe eee 365

eae i

SUBJECT INDEX OF APPENDIX. ADT

Page
Maria, nassiam Serure.of the, 1m 1892 =...) 2. < si0e sac cae cece eeednete = sus =5- 202
Martin, C. W. & Sons, statement of, as to composition of pelagic catch....-.. 417
Marvin, H..B., AUChOn Sale: OF THO. <2 «=== 55. < seem ses ooo een em peas saben = 248
Mary Brown, composition of the catch of the........-.-.......------------+- 353
Mary H. Thomas, composition of catch of the............---.--20------------ 358
Maurin ay eel bolerios OP OSIGIONUOtee eas wea ene os = ols csc s<- 52 skecmeaek aa eens 376
ennai CON OF Steal 108: 25-25 22 <<<5 40 2 45- 205> 255 5c sea sw ese eee 248
Maynard, Lieut. Washburn, report of, to Secretary of Treasury -.......-.---- 280
Methods of management now employed on Russian islands, perfect .-...----- 365
Migration:
Alaskan and Russian herds resort each to its own breeding grounds ...--. 363
Arrival of herd off coast coincident with arrival of certain classes of fish. 232
Caise Oferta ae teens San rma sees ee Gece neoesatscu see See 364, 370
QOUTSE Olesen eas aio eee asa eee eareiew nace ssess locedsioe gs sods Cah: 370, 371
Destination of Avaskanmlerdtsce osjcsestesscccescsscnss es eeee senmes tes as 233
Manmerot craveln oad gninoe eerie. — 5 aan ge aeeee™ aeen\ien> aon oe = 232, 370, 371
OfeAlaskan fur-seqls:shlentys Ones. seep sbinc/tejscin wale = siete eisis Joel aisle See 248
peal herd, Capt: Hooper On 92-2. s2cs 5206 2+ 22-430 co0ee- ee suc-eedeede
PRSREN USECE Ue Ons os a ab oeehe Pha UE cecaws kane se 229
timevor passace ot bulla .-2 45. soscss et sic <= iene 230
WROMGES OL os obs Same ee eee eae ae Seen ee aeD es sSaee eae aeeeacinees ses 232

S Wed OMS St ee en ae ee ino See Se eae oe ae Cee Ota oan tase NO

GST, Gee eee ers acle pista SCOR SUR Gre oro: Ce AES ee ete ieee peat 1 (Ue 1(10

Passace Of Alagiaa nerd nc facies Saweteacl=- baal ete> okie sata deld ee ees» 21 oe

Whenvasherd-isjout. of Bering Sea > 72.52. .ssSas Ssocbeeea-Reeo sees 22 See 23

reaches: coastior. United: States=<~.2 s2cck Soh set oe ee ietesee ol

Mingling of Alaskan and Russian herds does not occur ..-.-...-.--.------ --363, 375
herds of Commander Islands and Robben Island does not take

TONGS. Se GeSd Cocoa porting oo bean bee tide aHOEEn soe seo so Sates 363
Money, uakene trom une Carolend, NOws=s2co. =e 2 e 5 oe ania eae oe eee 341
Moore, J.S., report of, to Secretary of the Treasury -..........--.------------ 282
Miiieim PHomas.b.. GenositlOnOl. 2. 25-. sa- a2). gos q4san- 545445 ease sea see 376
Mortgages on sealing schooners..........---.-----.---------- Satish Glave Ptr aieaeae 410
Sei ZedesChoOOnorsics o-eo ee ce acini e ae ee oe eee ee keae aii cee nate 261
Mother and pup, affection between .-.-..--.---- preeae eee Nae esses 388
Movements on COWS aDOMb Slams se ao. tele cys =, 5 oni ele $]s la his aie love eller bela 386
Mountain Chief, declaration of seizure of the...-...--.-----..----+------------ 419
Munro, George E., testimony of, as to ownership of ee ee .---- 301-306
Murray, Joseph, depostien Ofe. 5 a.js ats enssit see aoe SR ee node eee 378
Maer, Wartin, deposition tes. tans sce eo nana eeen Sse mas S syst eee eae eee e 380
Myers, consul, Levi W., official report of (see also Reports offered) -...-.-.-- 255-263
Neumann, Rudolph, encnaa Sou eee eS ek Se esd apuse ese cee eee aU
Newcomb, Lieut., examined Amak jolen L sbewieeiaee tics gate passe eeales aces 236
Niebaum, pudane depositions Of5 3222) RS Sa sy essteett sce ee cee sea seeebees 381, 382
Northeast Point, St. Paul, annual killing at, 1871-1889 ......-...-...--.------- 427
Number of fur-seals annually killed on Pribilof Islands:
TEST (@ULN dus sa eicks SU ERO SO SEE ANSEOE Sc eR TS EneE ee OME ee nc tr er ese 297
SEOs tOALSEG"(alsorsee Quota) waes~)- on -1a- ea aesle Seeks Sei aoe esse = 8s 193-199
SL OEL OMS TAS yas te ewer sea culos Suan secon aa ae ce sane seein see aa AES R ee 283
Number of seal skins:
Brough} away trom islands, 1870-1889. oo —. 5525). sag eda atet estes asec 361
rie ar, DUM Gare ope haseeciettaveccsraisisinsoisesce aa Soe hlesiseree Meters 282, 359. 361, 380, 381

Nursing cows:
(See also Cows, and Alaskan seal herd.)
destruction of, by pelagic sealing... -... 22.52 26-60. sc20ce -cecee — 3878

458 SUBJECT INDEX OF APPENDIX.
Nursing cows—Continued. Page.
Of PUP emscsa ccs sem Toes me sieaistapia ccm a ene ee Sere ce ease oe eiane eee 277
Observations of Alaskan fur-seals at sea...-...---..-.----. 219-227, 237-241, 401-405
Official reports. (See Reports, official.)
Oil yielded by 2 seal .-...--.2--0-<es--0 Veils eh secs ewes coe Hee eee ee See 279
Orders ‘to*Capt-WsC; Coulson’ sho. 2c. Sh ees ee oe ee ee eee 234
Q.Detoopersiiccds chs esc sesss coc ea eo eee 207
Outit ofsealing vessels, ¢ost-of 55.0... i psc Joven s fades Peet eeeees 246, 261, 343, 344
Ontitting ot vesselssdatetor. 222,05 est to Sect eee ee eee eae eeereee ee 346, 347, 348
Ownership of vessels seized by United States.--....-....-... saeeee 301-325, 351, 352
Tepistered:<-.3. st vene scenes 256
Pacific (North) Ocean, list of reported dangers in, extract from .... -...-..... 288
Packing. (See Bundles.)
of Skins inieasks). 353 So-c.2soecioc Boek os ed ote a ea aaclee Soo ee eon ee 358
Palmer, William, extract from paper prepared by .......-.-..-.00-eeene eneeee 289
PASKASES ON EOOKSLY 5.202 Sons So assess cde aves ad natu cone aes beeen eeenee ee 276
Passencerratesion Pacific: coast... scscoe tuleee~ soepeoe eee eee! see meee aeeeee 349
Passes, observations near, impracticable in winter ..----.......-------------- 232
PearlsCaseOTruheve=< os Sass cisadide oocesiseced see aeece am ae tees aes es Soe ceoeEee 175-180
Pelagic catch (see also Catch):
Composition of, statement of C. W. Martin & Sons as to ..............-.- 417
UESIN ES COWS AM 2s wecasNikicce dow cct eb ce bes Gates oe oe teen eee 375
Ninety-six per cent fomales - sos soe s0s se Ska salve wee nieseee cle oenemee 366
in Asiatie:s....02. 0. 2o.6 se becka ee eeteneeeeeuee 365
Of 1892, examination. of, on vessels seizéd.....-..... 225 wectteatesecceccaees 374
OverJ0\per.cent temaleseéals - 2222-20 PSone oa. eee acces Ren eeneee 374
Shipment otto London aocccatceeescss secsee ae cee aee ce cee ns teccmes aoe 375
Pelisic corbion impossible. G26 ses odes eee shoes shee Se eee nee pose sass 364, 373
Pelagic sealers:
Division of catches, by British'Columbia 22. joes. eaaee ec Coes eee eee 262
Hirgarms' Used: by yaoc- os ces soe cca Seen eee oce soe ce deeeee eee et meee eee 261
The AS ROS Se aci6 SOO IODC SOE EO OI OUOC IE OCCOC DS MAES EOE SCS SASSbe 2S accc 392
CDR AAOL soda Mice cincin Scie se nds cewek Geet caeiseb ee cme ape meen aee eee 248
WVAGPOBTOL ;D ctss, Se care Sea a epoide Siatiew cwtodraictd arcciore icicle Gee kre res wa cue aes il eee 248
Pelagic sealing:
Absolute prohibition of, necessary ---<22)-c- ssc sessees sect eeaceease asses 366, 375
AMMUNITONMSOOAT Rae acl ewceceS steele sbe se se ccehees ae eeeeee eee 396
Cause of decrease in Commander Islands........ 2... .-2..-2-- 220+ --0- 200 375
Cause of great mortality of pups in 1891 ..........-....--02-02---5e00- 389
Compels reduction of catch on Russian islands ..-...--...2-.-.---------.- 364
Costiomammunition-usedsine: casaccecce cre cence ee eee cen ee eee eee eee 262
Decrease of females by ...-......... VERS SSeS SE et sees 365
i eChs Ole seers esect ocak pec ece ees betes mess ee ee nee sesh te eee eeeee 366
Females taken in; Henry on 2cc..4 2c.c0es Foe ee ie ene Sake 249
Injuriousieffect of, Capt, Coulson’on <2. 2.2222 soe eee ena ree ee eee eee 236
Capt.Hooperion 25 7252 2 eee eee eee Satoeee 218
investigations of Corwin: (esscss evs. Sea Se ees 395
Never engaged in by Alaska Commercial Co.....- 2.2... 22.22. 2-20--2-2- 381, 382
Nursingcows-easily taken in:..--osccseaneweiececes Ube Eee seers 217
Sealsvcilledpin' (2 Sasso oak eictio seems Moar ce lacie cole eames 395
Sinleinp Of Beals in 2s... 2k oS aasedt «use soe wae ae nee ee ee 217
Swanvadvises checkiof <<. 35 .cia acti Santon cela e eee ee eee saeee 392
ontrestrictions’ of, Necessary .jj2cm- ce oe -waicee beet cen ceeteeee sees 392
Threatens extinction of herd)... 2.3. iia58 ek antes weno ben See eee 366
Waste. of Nfewbysie sitio. Saeed Mee see eee Mn BS ee 366, 396
Pendleton, Benjamin, extract from his letter to Edmund Fanning ..... Siesomim oratory

ay

SUBJECT INDEX OF APPENDIX. 459
Page
Percentage of females in catch in Bering Sea .......... 22-2 0220-2 scene see eee ae 70
takensby, pelacic sealerss.2.-5<-stmas-: sees sociesaet 374
ELINO SARA Ne etre Bie lavs, os crata ac" aaiwais,on loseee adar eee ee earersaene 278
Periins. “Geotve C-. GenostulOn Of. O22 ose. 5. - ose im = cocina op ncieneeneeedee sees 349
Petroff, Ivan, letter of, confessing misconduct in translating .-.....-...-.----- 153
olyr am OusMmavnre Of SOaldtn lo ac 5 sss. ccc sates ais 565 sn os {anise Aeneee seniors 364
Rola Wie CG POSUH ONL Ob, teins se Accs soem seiclnais obo t= <sjuniinioa= sales eee 383
Ipresenvaiion.o£ herd, requirements TOL) se 2-7 a= 45 soc'd wicine'n sical ea ese aeEeeee 279
Pribilof Islands:
Paria lone, OF ETL TBO one Seta aia th acletiaain wnt carnidn beset 224-425-427
Evermann’s notes on rookeries of .--.... SE oat aiclatnia > dicinlnlee cee ae ete eet eee 264-273
Journals, examined by British Commissioners .......:-..-.-.-.+-2+-++s-- 397
Noisealsiin: Berine Seatinattached 03-2. 26-2 ee oon, e/a nese taelnecitaees 370
Sealskins from, entered at San Francisco, 1872-1889 ...........-.-...----- 409
takeniOn, Atl CGO 1S bbc. jacem Soares ode erisae boon sks lates 193-199
1S69ran Oe SOre seach wn spotan ances Foon Soom 413, 414
Asti Of Ti piSheG OMMISSIONELN LOn mao necian a =lninicateeoim ote « seals a clemtsiotos 398
lei) Oil oun RLeE\s 323 o oec ase aG see GeedSoc sooo Shaded Sec do Ssh cose asaeroccne 381
Prices of Alaskan sealskins, statement of, from 1874 to 1889 ............-.---. 369
iBrimreneal skins; percentage Otc sesne ea ssee cee osio8 cc scicle sinlebise ans wale eee 278
Prodromus of Zoélogy of Victoria, extract from ...........--.---------------- 292
Prohibition of pelagic sealing, absolute, necessary ..-....-..----...---.---- 366, 375
Provection® byezOnesain prac tla Onc ee cee Seiaceicisisis scicicicieee cosas =\-o == 218, 370
in North Pacific and Bering Sea necessary .............--.------ 218, 371
HUGO 44580 Sosbds soda he Sedcesoers saan sobechoédSsoSanerbenodee 365, 377
ProvisTonsstor sealino VeSSels;COSb Of 2- cence cciisionin ieee ssa sieccemeceiseccs= 246, 247
Pups:
Per uielh OleCOWS Ol a2 awa ei waeaiae wee nee oe elemaiel< oe eae mee owenie sae 388, 393, 398
DRIER I SG GN RSS nie Ue See et et art Ronse see onic mat 277, 363, 391, 393
on, Commander Island sks - seat eee es aaiaas cee seen sec oenieaeees 373
Cipla ik, whi co somber a ane b aie agt cies satan ae. = cas eigeveoe se aseee 277
FICS Be ecay reir lever’ jects Mees Sees a ee ae Ceo ener eco ee na 366
Oi GAtseuony, CMNGOINIG eco. at ere ie a ieninaca pias snes ~ ce aaia's 366, 385
great number of, in 1891, caused by pelagic sealing. .....-.......... 389
Tih oe ee oe ie a ee Ie SO eS a ee ee ee eee 389
ony Command erislandsi a... heise ise cee eels Soe ela wer ec sense 366, 374
Onl Per pil ot Stans a. osc) nc citar oe mealies a 263, 267, 269, 271, 370, 378
Death ofmothersicauses,deathot <= sea ees awist coc safe dices sass Ae ae laos 366
Devadive Gb trOm IianOR: oc eke tae aes om Aas om mow a De xe epiae sds wisn ale ai 278
Ie wet MDL NV EYL 2 cee eRe heed Se a ht ECE EY ee ee ee oes cen clare Wisiaia'e 278
USS eit SS eS SS BG Sees ae Ss SRE ee OE eee eee 277
Skins of, killed for food ..... ee eee Sect seti wae tetas e ste wene = cco eces 368
DIICG OR Fc eae oe eae se). NL See ar ks ae 381
purchased by Alaska Commercial Company, number of.--....--. 381
DARIEN elon. sceemeisa Shc ae enone eS hee Tes See oaeh Mace ac 267, 268, 363
Wierehittot vat bimuly memes aoe seme tsmcioe fai eon ael ails acini na Sate Setcre o's a\siacie 277
Quota, annual, of seals taken on Russian islands, decrease of........---.------ 364
on; Pribilof Islands 1860-18662 saa. 45 tee ocle wie nica ese e os. 193-199
St. Pah Istana, Le 1866-52 an eae winkicne 26s cee nncesus 193-199
Raids:
Col. Murray denies statements as to, attributed to him by British Commis-
SIOUCTS oa cslecmiaaasen seem ecisise wine caciicicicce tee Oo acleiaas as eclecesmes seat 379
Decrease, Of females uD yor ses scene see seca san sapisesises cociescces 2. culesee 365
No, while British Commissioners were at islands .....--...--------------- 399

Record of seals killed on Pribilof Islands examined by British Commissioners. 379

460 SUBJECT INDEX OF APPENDIX.

Page.
Records of Pribilof Islands examined by British Commissioners....--.....- 379, 397
Relative condition of breeding grounds in 1891 and 1892....---..--.---..--.-- 379
Report of British Commissioners, section 759 of.....-.--...---- yocct este eae 399
Reports, official:

Coulson, Capt WashiC ee cere Bee eee Ss ere cen penitence ai 234-244
Area coveréd:b yas. .ooal aso a ee ee ae a et Re ee eee 235
Incloses statement of A.-B: Alexander -2 522-2 3-22 to 2s oes 242
Inclosures, accompanying report-ofs..-.-.--2 22-25 ce-h see cee 235, 237-244
Milestcruised by.ec soar saccict soc soe cee ae) See ey yh
On distribution of codfish im Bering Seavs:- 25. s25--2 c-2eee case comme 235
Oninjurious: efiectof pelacie sexline <2 [2238 2 epee = aoe eee 236
Ordersieyn soe Ao." Bees aes noaie cre aie oat hock ccna ae eee 234
Range of seals observed by .\ essa 52 sa ceo elecsonn eaeeee teem eee 235
Heal low OF x2 joes aad Bo Sook eons - cise Sate Coo mae sioae Riera 237-241
Sealsitakenin Bering Sea by: soe: 2 aes 2 acai e eae 2 oe eee 235, 244
States Amak Island not a breeding ground of seals. ..........-...---- 236

BVOLNANN SDs Wraanwiee se ae ce oe eee orien seee eo eananiece eee 264-273
Arrival:at Pribilof-Islands~ -<. 221222 eee ee BA a eet 264
Departure from-Pribilot Islands’): 0. 2)... 2o eskcen.- ss man <oeneeee 264
Notes on character of East Rookery, St. George......---.--..---.---. 272

Ketavie Rookery, St. Panl.-_...-2.-----------.«. 268

Little East Rookery, St. George.......---..... 273

Little Polavina Rookery, St. Paul ......-..-.... 270

Lukannon Rookery, St. Paul..........-...----265, 266

Northeast Point Rookery, St. Paul...........--. 270

North Rookery, St: Georve..2--S.6 sana eee 271

Polavina Rookery, St. Paul-...-.....-.-------- 271

Reef Rookery; Ste Pawlvo3- sss ee ooo Sean ae 269

Starry =Arteel,;St. George 2-2 o8ee eee Se ene ee 272

Folstot; StePaul 2 soe os. ocrrseee es eae oeee 269

Zapadnie Rookery, St. George...--.--<.-.---- 272

cows, coming and going of, Lukanuon Rookery, St.Paul.... 267
dead pups on Ketavie Rookery, St. Paul.-....-....----..--.. 269
Lukannon Rookery, St.Paul: --<.3-)--2.--s-2-s5 ) 20m

Polavina- Rookery; St.Paul) 2222: -sscsnjeerencee 271

dead seals on Reef Rookery, St. Paul.......--..-- estes cael ae 269
decrease of seals on Zapadnie. Rookery, St. George-...-.-..-.- 273
Ketavie-hookery, Sb. Pawlis-25- 5. ecco sone 268

Lukannon Rookery, St. Paul.-....-........ 266

Northeast Point Rookery, St. Paul......-... 270

Starry Arteel; St: George: 222 5. Se soaceioere 272

Reet Rookery ; Sh: awl 2222353 eae ee 269

North Rookery, St. George .-......-...-.... 272

Tolstot Rookery, St.seaul.. 2 cess cs- = --eee 269

East Rookery, St. George....-....-.-.+----- 272

harems on Ketavie Rookery, St. Paul .......... .........-.- 269
LukannonGhookery 242. sos ce cate etece aaa 264, 265

Reet Rookery, (St: Pam ss oon cc case cece eee 269

size of, affected by absence of cows feeding.... 264, 265, 269

pups swimming, Lukannon Rookery, St. Paul .-......---. 267, 268
rookeries on ‘Priblot Islands 525 52. 02a eee 264-273
seal life in general on Lukannon Rookery, St. Paul -...... 266, 267

Little Polavina Rookery, St. Paul.... 270

Little East Rookery, St. George
Ketavie, St. Paul.-..---....

at ous 273

ites’

SUBJECT INDEX OF APPENDIX. 461
Reports, official—Continued.
Evermann, B. W.—Continued. Page.
Notes on seal life in general on East Rookery, St. George. ..-....----- 272
Zapadnie Rookery, St. George ...-.. 272, 273
Tolstoi Rookery, St. Paul......... .--- 269
Starry Arteel, St. George .....-.--.---- 272
Reef Rookery, St. Paul....--..-.-.--. 269
North Rookery, St.George -..--..--- 272
Northeast Point Rookery, St. Paul... 270
virile male life on Northeast Point Rookery, St. Paul .-..-..-.-- 270
Reef Rookery, St. Paul............-------- 269
Henry, special agent ..-.....2.-------- +--+ +--+ 222 eee eee eee eee eens 245-254
Exhibits:

(AC AIMSUTAMCOLERLOSSs => ad aoa Re ste eink doe Sele 6 ste ceelee qaele 249
B. Advertisement of sale of H. B. Marvin.......-..-------------- 249
C. Bid for engine and boiler for E, B. Marvin....---------------- 250
D. Specifications for building 35-ton sealing schooner..-.-...-..-.-- 250
E. Specifications for building 80-ton sealing schooner........---- 251
F. Bid for building 35-ton sealing schooner..---.---------------- 252

G. Bid for building 80-ton and 35-ton sealing schooners, with aux-
iliary steam power......---------- ---------- 2-22 eee coon ee 253
H. Bid for furnishing marine engines......-..-------------------- 253
I. Bid for furnishing engines for 30 and 35 ton schooner.--...-..- 254
On auction sale of #. B. Marvin....-...-.--.-------+-------------- 248
On: bids tordoundrysstesmMs sacieus o-oo. soos wo eaweucce smc sae sss 249
CONE OMPONLSNeetee ee ae toe se ee ace nc ewe sximaain sere ceipec es aerte 247
and SUPSisienCOs. a5 22> o4-ses sem en ele mee sesame amie atone 246
DOT OLSUCWONG +o oe shoe oot enna te a se eis iaioa ey i deteeicalels sae 242
engine and boiler for FE. B. Marvin ....-..----------------- 248
Equipment... 222s cae ec ee ee eae ee et cie eee ene ees 246
PRUVISIONGle. = 2222 shsc bop Sss2 ets ps Rares <n sae on 246, 247
SCHOONER WO yw UNL GIN OF. saree en | cine on ots = lew mole ees 248
BLOAT (OLS CHOONCE Jen a. eee cr abst eriow es < Sls Jem ec late ee 247
disadvantages of steam in sealing schooner. ....-..-------------- 247
femal esuimicatChesesseecnicccce> sess cee sas sce eee eed-ee sere ee ae 249
WISIN CE PACS Seen oe cease ess oo sete se een seo cebei-s sect ce = 248
nly ean WAGER ees. so asons oo Sec acc cele send ane ee wane eee oS ee 248
migration of seals ..........- fae Peg fade be Seen es 248
relative expensiveness of white and Indian sealers ..-...----.----- 246
specifications and bids for schooner. ........---.---.------------- 249
Ordersrotiee see cee eee oars ae eens hae bee at site Sele hie alas ieninetome = 245
Reports coast trading by sealing schooners unprofitable....-.-.----- 246, 247
Sources of information employed by.-..--.-.------------------------- 245,
TOG Hers Watiin Oeilee ase mac merae ie seine clos as ania eines ec aei= 207-233, 275-279
PAHO av bS\ baKeNUDN ioe. otc ee ee ennai ea eacle. Seta See era ash fata 228
Decrease in seals in 1892 at Northeast Point, St. PaulIsland, reportedby. 213
on rookeries of St. George, reported by.------- 209
gives Aleut classification of seals..+.........-.-.---+-+--------------- 229

Method of conducting inquiries among Aleuts concerning migration
Oli Sal Sr seem cere seers hee ae Sac ~ Seine ae Ieee ee a ate dak ne cote 229
Nouparren cows ound big 2. see arnt: essa bie psee tans cal 2 -)ee oes = 217

commingling of Alaskan and Commander Island seals found by... 216
on absence of gravid cows in Bering Sea......---.-----.------------ 218
area covered im cruises Of Corwin. -a<- 5 < 22-20 cnc coc ccc nns cane 216, 218

462 SUBJECT INDEX OF APPENDIX.

Reports, official—Continued.

Hooper, Capt. C. L.—Continued. Page.
ONsCLUISES Of COTWING oo ~~. ~ cece ao ee Shiels tees teaser aa 207-216, 228-229
distribution of seals in Bering Sea .........--2. ---0 +--+ ------ =e 217
oTesoh Copica OUI (er IS| ieiee A ghee aone pace OR er oot ares eds Ses = oar aa
found im stomachs of (sealsiso .-\ see ce ables nea eee 217
inefficiency Of Zonal PLrovection 5.22 2. 6 oe on ce esas eee 218
Wiprstiou Of HEIs: 22. oso. co. - 32s nie coe ema den oe ee 229-233
necessity of protecting seals in Pacific..........-. Be re cs 218
pelagie birhh! OSI ees sles ee = peso ee ne mae sen See ee 218
sealing and its injurious consequences .......--.-.-------- 218
percentage of nursing cows found by. -....--..---.-..------------ 217
Bimkine-of Sedlsoee.- 2s asco ore ace aoe eae Sees eee eee 217
western limit.of Alaskan: furiseals: slo... - sence ee se eee oe aia 216
Orders. ot sateen ke osc ctssec sh acess + see eber= oer eee 207
Report of investigations in Bering Sea dated August 17, 1892 ..-.... 207-213

September 6, 1892.... .214-227
and North Pacific, November 21,

i 5 7 ey ee eRe, of 228-233

Oar OP OF oes ters copia ge ce wares Sem euince eam ca fannie ates ie es ee 219-227

Seals caughtand examined by. ..- 2... -22. 2252. cones ceces 210, 212, 215, 216

Settlements: of natives, visited by. -.22--26<. 2). oc. enece ans oo eee aoe

‘Statement of seals taken’ LG \s--- see - osc nines som seein see eee faces 219

States nursing cows. are easily killed. -. 4 2 nccteqe cnewes céepcaesdee 217

Mavender, Ureasuly AGCNUs o2oo aene/a= 2 sit cocaine ee coceisc sca te cece aememmiae 263

Monre ds BS 2225222 222e5'- cntes cone =a ons erence tween neh nuk esac ewe sn eRe 282

Ry rn A OBST a. WW = heen eee a sles en ee oe ce nema eee oan 255, 262

on Bescowitz, Joseph, citizenship or 2-52 2-- oescces coos cee oe eee eee 255

Catch, Indian CANS COAST ceoa mmc ences oie bcjeseee ean aie se eet o tee ten eas

PCLISGROONECL, AVOTALE 22 s1o5- cas oesee Ceres se eee see eee 260

Cost: OL AM MUNLION 32555. 2 ssa Soca cceeneloaeeackewsseesenoceleeine 262

sealing boat:and ontitf -22- J.< —-.ccs ewe ented tee tees 261

division of the seal-skin catches by British Columbia sealers -.... *. 969

firearms used2by seal hunters) ).-- gece ce cocoa ceenc easeeeioeeees 261

Endiansnwncerseeas asc seein. scjseneiee cecil sate aeiatae eee ieee tel 255

mortgages on seized schooners... .....- 5.2 eee conn ne ee eece nee 261

POPTSIELGE OWES 22515 aoe as weenie cn cems lease anienacascsese=d acne 256

SLOMNALS TECOTE soe cas Soise ote aenes Sekeisasc ee eee 258

achooner,Valuciolsealime 2. 2s. oo. cnet esis Sa nkrem acts sateen eats 257

BLAtIBlICh. CONOLAL Wr. ome reese ts coe wc open nema eee eae _-. 258-260

transmits documents setting forth relation of Boscowitz and Warren 301-320

Washburn sWileUbis.. cts ae ase = ares tans orien ce maeicciee cee eee emer ee 280

Reproductive organs of male are developed, when.........-....---.--------- 276
REBOOT OP BOR Bie ocre oe orl b ie siete el in aieln sina ee wee oe nine shelain nia ase ie aioe eee Sie...

enhipment Of spring. catch. <11cccs) secede csonacsbedere=pageeesee serene p 346, 347

Resort or auultmales in winber, 22-22 2/5 620s occa os eee owe smncin pins oe See 230

half-crown Wales 1 Wither -Je~l sine onan censs soma eeecedeee ee 230

Pld GIS IN. WANKEL nn ock ace ated meet era nse how es a nen eede aL ee 230

southern limitio£ os ie eaciee eo noes cosas seawecaasceeecs 230

Return of bull. to same‘spotievery-yeario 0 2-. e oe ew oe wee ne ence eee see 276

Robben Island and Commander Islands herds do not mingle.................- 363

Rookeries: Management of. (See Management.)
of Pribilof Islands: Decrease of seal life on .....-... 266, 268-270, 272, 273
Disorgvanization-015.. senate cee een eee 378

EXGrement ONicoee<aaecoeacleeesecee 360, 373, 377, 387

SUBJECT INDEX OF APPENDIX. 463

Page.

Rookeries of Pribilof Islands: Everman’s notes on.............-..-----.---- 264-273

WaCaAMONt OFS" 4-5 -si= ses 2-2 skate ae os sos eealeeee 276

Relative condition of, in 1891 and 1892 ........ 379

Tolstoi, no driving, from, in 1891 ............-- 399

Wihenrimasprime: Condition -.2 5 <<(.</<j2-.<<- Se cles 397

Giher search Onis ca eer ee tee o[ab se lasnteaiiscmm es acete eee 376

Rose Sparks, Composition of the catch of the.........--.-.----.-------+---5:- 356.

iene Olsen, Russian seizure ofthe, im! 1892 < 26 aie scans a dceo ewes esos gecc-s 201-203

HOULCRTOM MLO TAnLONUOl SOS (sc). ac itetes a= Sa l= a ho nl= asi =|sjmiamsi anime =n aia min 232
Rush, See Reports, official, Capt. Wash. C. Coulson

hussiamand Alaskan) herds(do nob miele, <2 es aoc ejsacie noe cce enceceeceee 363, 370

Russian documents, amended translations .......\.......---.-----------.---- 154-174

Russian documents (amended translations), list of—
No. 11. Letter from the Minister of Finance (Department of Manufactures
and Internal Trade) to the board of administration of the Russian Amer-
ican Company. Written from St. Petersburg April 2, 1824 ........--.. 154
No. 13. Letter from the Minister of Finance to the board of administration
of the Russian American Company. Written from St. Petersburg Sep-
Liglar eyereiee ieRe Eo Soe SR Se BS ne sane coenne uO. cee Sn oae epee cos. 155
No. 14. Abstract of communication from Count Nesselrode, Minister of
Foreign Affairs, to the Minister of Finance. Written from St. Peters-
ure VATIONS 1S LO neo wie 2 le mite jeintn wie © ciclo iwle wminlm minfoinla safe islnl= = aloes o\aie laine 155
No. 16. Letter from the board of administration of the Russian American
Company to Captain of the Imperial Navy of the Second Rank Alexan-
der Ilitch Rudakof, acting chief manager. Written from St. Petersburg
WET CO) SICH pee eee Sakon ea- asus snes Aeros Jong ocsope oo Sscdere. osecsare 159
No. 17. Letter from Captain of the First Rank and Knight Ivan Vassilie-
vitch Furuhelm, chief manager of the Russian American colonies, to
Master Benzeman, of the Imperial Navy. Written from the colonies
Ie OS Glee anes cee eco mse yees ase saecinateee= aactaloclaaeho sate 162
No. 18. Letter from the Department of Commerce and Manufactures to the
board of administration of the Russian American Company. Written

from:-StaPetersburc: JunelOs 186525 scbiace dels scisiticcrs qsecfs nae «mix echo stae 163
No. 19. Concerning the granting of a fourth charter to the Russian Amer-

TORR CERT NY 25 ants cS FOSS doore> Sade GORSOCCOSt SnIdo0lbD b> snn pods obbc 164
INOS 0 a noc amatlonmsme = ese) aia nein ae elise Sie o wieine ices sc cicte siave Sis'e Sete ear 164

No. 21. Letter from the board of administration of the Russian American
Company to Alexander Andreievitch Baranof, chief manager of the Rus-
sian American colonies. Written from St. Petersburg April 6, 1817 .... 165
No. 22. Letter from the board of administration of the Russian American
Company to Captain of the First Rank and Knight Adolf Carlovitch
Etholin, chief manager of the Russian American colonies. Written from
Sts Retersbura March:.8; 1843 235s 5 6 <2 32 esis ste cetes bo tabtsiecloace 166
No. 23. Letter from the board of administration of the Russian American
Company to Captain of the Imperial Navy of the Second Rank Alexander
Tlitch Rudakof. Written from St. Petersburg April 22, 1853 ........-.- 166
No. 24. Letter from the board of administration of the Russian American
Company to Captain of the First Rank and Knight Stepan Vassillie-
vitch Voyevodsky, chief manager of the Russian American colonies.>-
Written from St. Petersburg April 24, 1854..........-.----------------- 167
No. 25. Letter from the board of administration of the Russian American
Company to Captain of the Second Rank Prince Maksutof, chief mana-
ger of the Russian American colonies. Written from St. Petersburg No-
Wonibers 1854) fa so we wetbins ucts acai sseme acme tb cclecltnotoe cee sec.esee meee 167

.

464 SUBJECT INDEX OF APPENDIX.

Russian documents (amended translations), list of—Continued.

No. 26. Letter from the board of administration of the Russian American
Company to Captain of the First Rank and Knight Stepan Vassilievitch
Voyevodsky, chief manager of the Russian American colonies. Written
from: st. etersburg Juneld, (ote -et ele ee es a ee

No. 27. Letter from the chief manager of the Russian American colonies to
the board of administration of the Russian American Company. Writ-
tenfrom-the-colonies(October 7,1857 20-220 22.26: 2 See ee

No. 28. Letter from the chief manager of the Russian American colonies to
the board of administration of the Russian American Company. Writ-
ten. drom-the colonies January 1os1e59 shoe. soe sees eee ee

No. 29. Letter from Captain of the First Rank and Knight Ivan Vassilie-
vitch Furuhelm, chief manager of the Russian American colonies, to the
board of administration of the Russian American Company. Written
from thercolonies May 13; 1860522 232. 2 Se cars se ee eee

No. 30. Letter from Captain of the First Class and Knight Ivan Vassilie-
vitch Furuhelm, chief manager of the Russian American colonies, to the
board of administration of the Russian American Company. Written
from the ‘colomies; July 16) 186324. 22. 2 ee ae

No. 31. Letter from the chief manager of the Russian American colonies to
the manager of the island of St. Paul. Written from Sitka May 1, 1864.

Russian documents "facsimiles of a5 2 Ul zee ee ee follow page
Russian documents. (Translations new material.)

A.—Relating to the number of seals killed on St. Paul Island, 1860-1866.

No. 1. Letter from the chief manager of the Russian American colonies

to the board of administration of the Russian American Company.

Written from the colonies March 29, 1860. ..-..-.-.-.---..---2----

No. 2. Letter from the chief manager of the Russian American colonies

to the manager of the island of St. Paul. Written from Sitka May

By Leads. MeSTE SSL LE eid Cesk ee eS Jee eee
No. 3. Letter from the chief manager of the Russian American colonies
to Lieut. Wehrmann. Written from Sitka May 3, 1860.........--..

No. 4. Letter from the chief manager of the Russian American colonies
to the manager of the island of St. Paul, Milovidof. Written from
Siikaarcht5 Teor ie Cis Meee Os se tee oe ee ae cree

No. 5. Letter from the chief manager of the Russian American colonies,
Furuhelm, to the board of administration of the Russian American
Company. Written from the colonies October 14, 1861 ..-......--.-

No. 6. Letter from the chief manager of the Russian American colonies,
Furuhelm, to the board of administration of the Russian American
Company. Written from the colonies November 17, 1862.--..--.---.

No. 7. Letter from the board of administration of the Russian Ameri-
can Company to Captain of the First Class and Knight Ivan Vassi-
lievitch Furuhelm, chief manager of the Russian American colonies.
Written from St. Petersburg February 14, 1863. -.-.---.---..----.-:

No. 8. Letter from the chief manager of the Russian American colonies,
Furuhelm, to the board of administration of the Russian American
Company. Written from the colonies October 8, 1863 .......:------

No. 8b. Letter from the chief manager of the Russian American colonies
to the manager of the island of St. Paul. Written from Sitka May
ASG e soscc isccss cel sce Leese ae mass Coe eee iad aa ae eee

No. 9. Letter from the board of administration of the Russian Ameri-
can Company to the acting chief manager of the Russian American
colonies. Written from St. Petersburg March 8, 1865 ......--------

No. 10. Letter from the chief manager of the Russian American colonies
to the manager of St. George. Written from Sitka May 6, 1865.....

Page

169

171

171

172

174

429

193

193

193

194

195

195.

195

196

196

197

' SUBJECT INDEX OF APPENDIX. 465

Russian documents—Continued.
A.—Relating to the number of seals killed, ete.—Continued. Page.
No. 11. Letter from the chief manager of the Russian American colonies
to the manager of St. Paul. Written from Sitka May 6, 1865....... 198
No. 12. Letter from the chief manager of the Russian American colonies
to the manager of the island of St. Paul. Written from Sitka April
AoE mee OO « 5 cent ee eT MED oe Sc tcnnlSio Seee eo 2 oo wiimote 198
No. 13. Letter from the chief manager of the Russian American colonies
to the manager of the island of St. George. Written from Sitka July
ey et OOG ace ee see eee Se eC RRER RE REE Oe sat toe Glewene ues de scae css 188
No. 14. Letter from the chief manager of the Russian American col-
onies to the manager of the island of St. Paul. Written from
SiieawA womst tO S664. 22225 sie tees ste Ua ke RR ee lk eee 199
No. 15. Letter from the chief manager of the Russian American col-
onies to the manager of the island of St. Paul. Written from
SiicacA PIO Sis Gigee sate fo esc eos ete se ceebie cee Mehmet Sool. esis 199
B.—Relating to the visits of foreign whalers to Bering Sea.
No. 16. Letter from the board of administration of the Russian Amer-
ican Company to Captain of the Second Rank Nicholas Yakovolvitch
Rosenberg, chief manager of the Russian Ameriean Colonies....... © 190
No. 17. Letter from the board of managers of the Russian American
Company to Captain of the Second Rank Nicholas Yakovlovitch

Rosenberg, chief manager of the Russian American colonies ......-. 200
Russian documents, withdrawal: of: :2:.2.2: 222222222 20--c4s cess ~ -- eee wise n 153
Russian fur-seal :
Habits of(see"alsonRussian.sealtherd)-;-- 22-205. 2i2: bss sec. sees eee one 363, 364
Homewet so. 3. fhese ee Beer ees eh ine Cael ty AUS ek toe das Unde s cae 363
Resse islands, Manapement OF Ii: 2.20 5.222012. Teel te an aoe See ent 363-366
Russian seal herd:
Alaskan-and Russian herds donot mingle.-.-..-..-.22-0 0-0-2 22.5 -s2+ 5-2 363
Arrival animal Oi SGasme os cote cieieiciecues coco he eee mete aes fos aes 363
iintinaniiqiapas => teresa ateeee ts ctee roe Ge so2ehes ovens oe sees lel ily oe 363
Cause:of departure of seals from islands... --,.'.-..---25--.--22---+----- 364
Corion) poelaricyimpossiDle) 2 25-2-be-s eee eee ee ects a details soos ob sien 364
Commander Islands and Robben Island herds do not mingle.......--.---- 363
Conbrolcands:donies ticattomieo sic. = eRe ee ene eee eee ne oeer aoe stees 364
Controlspossiblesonily onclamdls soa. Se eee Saas cae Sao een ieee enn ose 365
Deathio& mother,causessdeath Of pup:.-.--.ccs.222e2 ie ice lb eset cesses 366
Depaniure of seals frommislands 2s. 2. .2552ns ce semiee oe Dee tS eh. ee 364
Domesticationvandiconitrole-sosas. asec soe Se ese eee ohne on Socje- clan 364
Bursseals are p oly eamousier: cc a.aesece 0 tesanissc- coe -e ce ee ela casls clos 2 aeiste 364
Habits of seals not affected by methods of taking .---.........---..----- 365
Herd, each, resorts exclusively to its own breeding grounds .........---. 363
Home of Russian fur-seal.-.--. wa Jae BPS: ct es 5 oe eR ee Ree 363
Milscramo nee pe meee memre eto clopeem eee ene see etc Soin oe oce Se lela wie 364
Pelamiccortoneimpossiblesac. csees eosin: ea ees wee eae seb acteee soe meote 364
Roly CamMOons Na rei msGa suet meecer eer cen a eee cee acts eos ole cre 364
Pca rs teres ee ee en Se seme oho toneeceePase cee cniemeemas coke Cees 363
deabhyot mothenmcauses, death. Of en. c.2cn esac ted eae ss sacle cake 366
Chyibrsiniover yea 58 bbs 5 oe a eee nen oe et. aie eee 363
SUCRIIS Tae AUK POC So ee See Bek ee See Se eo ae Eee 364
Sivan o, Ol prpSieeeesocmemsctes case ctceree na: Wis Secs ciclobatibesacate 363

Russian seal islands. (See Commander Islands.)
RealskinsanlytwrOgimeninnd le son c cy coeic en sac oe wat a cee. see decee 2 BBS
BOIZUTe Niels Ihe saee ea aoe cere eee ses wesw e Sod b a baw aeeselestauee 201-205
12364——30

466 SUBJECT INDEX OF APPENDIX.

‘ Page.
Saies of pelagic stagy skins in London: .... s 002-225 -s2ssdsccean ose soseieese 412
Sealing schooners’. ose seems aseceineeevee se sane le See nee ee ee ee 410
San Diego, composition of catch-of the ..225. 2-22-2226 8 Jose sense ase oe 358
Scammons’s Marine Mammals of the Northwestern Coast, extract from........ 293
Schooner, average catch por - 22-3.) - Jc) --d ssa a asad eee aac uene ates 411
Victorian fleet, 1881-1892) oe2 sacenc ecco =e a eee 260
bids:for tarnishing steam fOr .055 sane sce eens nsleece serene see ener 249
Costiot sealing sscscs sec seein = cle wis cei elainoeel eae Cesc a seni ao eee 247, 248
CYUWIPpPIMNG 22 556. 52 oc so sade aise we eee 246
PTOVISIONING So02 5 on. = os ooo de lose aces ashe seme ee See 246, 247
Steam for... 222. scccss cobscs cose cs Be dds sce esktcea see 247, 248
Dora Steward, cost.of the 2.5.0 ccsscseecccsssss senna eneeeeeer sees 246
Mountain Chief, declaration of seizure of the..........-.-.---.----- 419
Specifications and bids for building ........... 2... ----0- -2--s-e0-- 249
Steam power not advantageous to....-....--..----------+-------=-- 247
Wallet of ss ccs so ears sc seid a Seiaenis eee be eee tates Sori Sia eee 257
Schooners: (For all items of cost and equipment, see Reports, official, Henry’s
and Myer’s report.)
Mortraces On so. se 5. .cietacaSeiecs So cesar saetenle ao ee oe eee 410
Sales) Of 22205 see 26 - cs ratis Shscigdls Babee eee te aceon eee eee 410
seized, certificate of Sale Of ssc cava chee ce eee oe eee eee 421
Ada seid oeeaewiee aes = od based Sav elsaee See eee 423
Anna Bel: scc82s toss. ee aesda pee eee eee 422
Dolphin Taso cccisaccaweces woe cisesdonters Sots s see eee 421
GRACE Sc oscec/sae atic code catisela Solna see mes Sant etecee eae 422
MOLLPACEBION soos cscc cs ses a se eS neers oboe -s ects See 261
registered owners of, in Victoria ........-..--.----------- 256
registered -tonnage of 2... 2: -u. 5 secs cose ea eeeeee eee 258
Scidmore, Miss E. R., letter of James G. Swan to....---.......--------- -s--=- 414
Sealers. (See Pelagic sealers.)
pealings a venture a2 5. oise ss 5 2% ctln dasa taa dus Senaccaes ee coe. Cee eee 345
fleetiand pelamicvcatch ‘of 18925i so. semen cna cee eee eee 407, 408
schooners. (See Schooners. )
RGARGH IN Bern Sea. 5.\.'.. scac'ewe gas as See Oe Seen eee 345, 346
Seal Jifesatisea, Capt. C.L. Hooper on’ .2...5 .c.tsccesc ace cen eeee seen eeee eee 693
Seals, Alaska fur:
Aleut classification Of2-=.\s2s24505 ose vess sews ceisen sea tee ee eee 229
Abundanee of virile males among -. {3.2 jd sedcmemsee cat eee oen een ae eee 269, 270

(See also Habits, Bulls, Cows, Males, Bachelors, Pups, Migration, and
Pelagic sealing.)
Caught and examined by Capt. Hooper ..............--...---- 210, 212, 215, 216

Decrease of, in 1892 reported by Capt. Hooper ................----------- 209
In 1892 at Northeast Point, St. Paul Island reported by Capt.

Hooper oes. eacisdcccwsd eas oieceslncaaeee ceoterecas soe 213
Destmation of herd of {2tscneasec ees cece cee bee tee eee eee oe eee 233
Distribution of, in Bering Sea... 5. 2.62. e ac oes -oeete Boe 217
Does noteravel in bands.22.52. cwecase ssa: scnc cs. cece se sees eae eee 232
Eivermann's notes on. -2- see seek ecce cheat eess thee cate oe eee e eee 264-273
Hoodsfound an ‘stomachs of 2s: Secnee ween eciedone areas ewe eae eens 217
FV OOGPetine «sis 'sin is ae Ca ads ote see cele sem eecieease ns Aeee ees eek oe eee 217
Gravid cows ‘among, in Bering Sad 22. .0c 2.525. S20. <2 0. ese oe eee 218
Miprationtof 22 sissies on'sob obne cwciccarccae sep eaueeeee Ostet eee eee 229-233, 248
Mode of irayeling Of - A. os.00 os. onthe cb ean wen eee eeeee oe. 232, 233
No barre cows ‘AMONG! o 2 5625. Su tian meen n cantata eat Coe Ae aGe ace

SUBJECT INDEX OF APPENDIX. 467

Seals, Alaska fur—Continued. Page.
No mingling with commander Islands seals .........-....-...--2.----00-- 216
Number annually killed on Pribilof Islands, 1871-1889...............-2. 425-497
Number of, seen off coast of Washington in 1869..................-.....-. 413
NaESING Paws Culely a LUROU sans od .o5 ccc eccies sts ase eeee mene. Soe eee le OTe
ObsGrvatiaus Of vauh@ae- 6-2. .- Soe se ann 22s oes eae 219-227, 237-241, 401-405

in passes in winter impracticable ....... 2.2.2.2... -2ccc. cece 232

Perl 2s et ABRIL Petes a rlenminie ne eels Swiss a as d/o et ee ae 218
Peresntase Of BUTSINE COWS AMIONS ie yu. acs ies 2-1 ne oes Sanat Jae Jee eee 217
Erotection Of, im Pace necessary oo .J.. 26 o.3 2.25.02 Le 218
aa oe Olt Gti Saori Mea. Nahai eia eae ose af «<2 s «loinc Ko swe palels Ae et aeee 235
Tables. canteriine persrl0 CalCW OF 222. cc.ie ac woo. on oe neta aan seeeeer 410
faken by Capt. Coulson'in Bering Sea... 2... 022-20) se eee betes bees 235
Western limitiOl sesaeecne on ceca noe son ac oe cas Seis cas one boadane ehet es cher 216
Sealsskall editor fo0d |: Jee asec oss as sien te cet ece sie eet GO aee cereretn Acne ca te
on Pribilof islands from 1870 to 1874 inclusive, number of .... a 282

record of examined by British Commissioners.- 379

None in Bering Sea unattached to the Pribilof islands.................... 370
PPRCOSORV.ES! OL 7 ae mae co minenninemsisciceics aclscase cee esas we cls ceteskca » sae ce 373
Biamipedes Ol ~~ oo cme see aso oss seeclmelene sie kaw ss ~ae snes ss 371, 377, 388
Sealskin industries, testimony relating to.......-...:.-.--2.---..0 eee we ceee 353

Sealskins:
Alaskan, statement of assortment, weights, and prices of, from 1874 to

UD EAE 0 i GE ne eae ORES ee Gee Cree pee ae eee 369
Brought away fromiislands, number of _ 2.1222. ...42.- 2 f 2-20 cnnsccecwc cs 361
Comparative statement of counts of, from 1870 to 1589 .... 2.22. -22...222.. 367
Counting of, on the islands....... ele eee inl inten Pee ee ae, hae tes oa 282
anbundis, nnMDEr Of S02. . 22.56 se 2en see em cannes es @en= 361, 380, 381, 384, 415
APRA te On RENE pee 8 es crore anne = etiam Se cian ae = Sis Pointe See on eS 279
Number of, from Pribilof Islands, entered at San Francisco, 1872-1889... 409
AG ei Of st OAS IeM er ete neie ne cate de iinales ace eee eis- 2 «cee D sacimene 358
Ur ste ie oeim cies otearinl is aia w ors a helene ceo Som aioe Jase ee bine eee 381
Peon POR CON UR AG Oktrre tate aan ee ARCS deca soe oe Recast a eee 278
Pup, number of, purchased by Alaska Commercial Company.-........-.... 381
Bitipmenb Of, AON ISIATIMAL <2. (Sho coo Pan seus ce sonata stoccelsetistionsomeciele 360

Sanverancisco to: Londons. 2ss2ss-es ele eee 380, 382, 384

Sold for account of Alaska Commercial Company by C.M. Lampson & Co. 416
NEUEN, > (ab BOte sede eae ae S25 aac tos wa Sees Set ose ae ea oe aes 357, 376, 384, 412
Paci Of.0Ri to ErMUGnTeaNOG.:. <2 scp crsdccrp ss cnccoceen aide ecctaece 280
‘Prvuuter Of, from lessees steamer... .-.-coacs -a- aetewi ces See css ends, 361
Transshipment of, to London —— Pan Prancweoy ose. -ctisen cans o Section 353
Vea ly Oy ere alam ene einen momen ce Sto aces et es Gas L~ scegice 416
DUMMOVOl ets totem oa tans Sse eon aoa a ee eat wae acce eee 384

Sealers, white and Indian, relative expensiveness of ..............-....--2204 246

Sealing boats. (See Boats.)

Sealing Fleet of Victoria 1881-1892, qetuewe Hnoasbao cosccsosccds tocsSeease 258-260
OAS: Gite leas osemais cepa etar ems te eects Sao e.cu/snc ees lteneauine So<csa 258-260
CANO hare ate Seema oe me cies ese ah ei hah Ege s Asiale See tia a’ oui 258-260
DR LOHY Gio ic pee e ae IS ek ona aera die tie en oe Sere re ones =o 258-260

AY OLAS Gs DOr MC MOD ROL nic, ciate hel aen aionias anid eae dcewice'eia’sess osec.ce 260

REN CFE ono lnc wine a ee amin okies te tan smiccies Gas ads a cic eda~<s e+ LOCREOU
Sealing in the water. (See Pelagic sealing.)
Sealing schooners. (See Schooner.)
appraisement of .............. ee clas Sew attaa eae ale cena 329-338
coast trading by, unprofitable-.2. 2. ....c.00s- tesa ceceue 246, 247
libels filed against ..... eet aieietici te mal aminia ca eraiwaln = ose ste 327, 328

-

468 — SUBJECT INDEX OF APPENDIX.

Page
Search for other Tookeriess. se0 (2 oo ete ce oe siswele see oe smnle Bene ele mite eect 376
Season, sealing, in Bering Sea.--....--.---.--.--------------++ +--+ e222 +-+--- 345, 346
Seized schooners, certificate of sale of ....-...--.-----.------------++-+-+-+-- 421
MOTEZAGES ON oan a aie nie cose ree wee cee es mens seeesn ee seee se 261
Seizure of the Mountain Chief, declaration: of..c<< .<.62. Skt). - tee eee 419
Seizures. (See also Schooners. )
by Russia in 1892: Distance from land...-.......-----------+---++- 201-204
Treatment of seized vessels and.crews ....-...--- 201-205
Seizure of American and British vessels by Russia in 1892.....-.....---.-- ,..201-205
Schooners seized:
Ariel.
Carmelite.
C. H. White.
eke .
2osie Olsen.
Vancouver Belle.
Willie McGowan.
Seizures of. vessels by United States ....0...2222 cn ccs cesnas oases come eeeaes 301-338
Appraisement of vesxels ........-.-.---- 329-338
Ownershipror vessels! as-se- en eee eee 351, 352
Testimony as to ownership of vessels - . .801-325
Shipment of pelagic catch to London..-..........---.--..----------++-+-+---- 375
seal-skins from islands’ 222: 2e2s522222-2s2oo5-e- fistsisiess eee 360
San Francisco to London.........--+..----- 380, 382, 384
Shot-guns, cost of.. ... 02. ----2- ---- 222 eae es ee ee ees wee ee eee 348
Gimking of seals. ...c-..c.encrss esas eee sane tiMine sete Sea ce st ee 2 aoe
(See also Pelagic sealing.)
Size-of harems 1.22. 222 5.322 sacs ce cove cc scbnccdstdes? secs seen eee
WALUTOMOMALOEs eee ee cites ce peel eta See aan = ate ee er 275
GIG. 2 se osa cd sddavSadctacectedeestass seete ae eee
Gisinriing- of Seals... 222250. as 2s 2s Poe Fee eS Fas ee SSS Ate an ee 281
Skins of pups killed for fo0d 6. 2..52525- 2222528 sec2ccrs see eee ee 368
Sloss, Leon, Jx.; deposition Of 22.0223 522 ee ow cod ees a I EY mie 384
Smith, HarryS. deposition of... 2..35.22224 «s/o ce 222. Stee ed ore a eee 349
Sophie Sutherland, composition of catch of the..........---.-.---.----------- 358
Speculative character of sealing. +-....--20./ 22. -22 2-222 2t- See e ln eee 345, 346
Speech of Sir George Baden-Powell -.-..-..-..--------:----2------- 22 - ses 418
(Stagy 7 -SKINS at 808... .-. -225225 06 20s so 252 eset e we woes === 357, 376, 384, 412
Stampedes, difficult to orente. tine sabe teeta Jae oaee eh ae oe ee eee 37, 377, 388, 398
Stanley.browm, Joseph, deposition of-2. >. 2522.22), tases. Boe ee ee 385

Statements.of Alfred Fraser :. «. scadscsese0 05222255 og Sods tsetu sees ae
Steam schooner. (See Schooner.)
Sterile cows. (See Cows, barren.)

St. Paul Island, seal-skins taken on, 1860-1866 ..............---- es. oe 193-199
Sulsistence, cost of, ‘on schoonersts sa. oes eee ee cee eee vee se enema eee ee 348
Summer resort of seals.... 12-226 .05ssec0 see asst N SINE Se eee 275
Sunplas males, killing of, increases herd. 225222 Abs Soe se ee eee 279
Swart Jamies G,, deposition.of: 21 AsiriSssr lis ee ee
Letter of concerning Bering Sea Commissioners and H. H. Elliott ......--. 414
OMSQMateSDIDth 5a.) ots ng aS eae ae SOS ead Se ane are eae 391
On .de@cCrentse enc s~ ica isn on cin bee cere de eee eee ee eee ae ee eecne 392
On fur-seal industry of Cape Flattery and vicinity ..............--...-.. 284
Onn dianwiunbers 5522S sees Sosa So oases oe ee eee een eee ee 392

QOnanterestrof Andans:. sas socose oe hoe ae rn Oe ee eee ee eee 392

SUBJECT INDEX OF APPENDIX. 469
Swan, James G., deposition of—Continueid. Page.
EM pane) g10i oS aL rng IE I a i a PO i dete by 6” Sed. ee ea 391
aE Tre he Re eine phon ae Ben ee aa ie wn oe on HE ee a ae 392
Rob ieainOnsy Dyce ae seen oe see Soe ss snc Sk oes oe Se ee omiacee 390
Testimony of, before Senate committee ........... 2.222 2..2 222... 22-. tee 286
SMUT athe a wha e095 (Oy Pe 00 ATS ER een Seat ke a a RH ES 267, 268, 278, 363
Tables relating to claims of British subjects against United States.....-.-- 339, 340
Hakan pior sealsikinson: thertslands: 225 sone 2 Le se lee wlohe ae eae 280
PROSE Dyareral ey sees I eee een Satie ae ea co eS woe we oa fe oe co een 341-400
Testimony as to ownership of vessels seized by United States ...........--- 301-325
of Charles Bryant before Congressional Committee on increase of
SGdIS". ceisoe 5 A SC SES BI Te a tL oy 4 Mame ated | Be a 280
Thomas H. Cooper as to ownership of vessels seized......---- 321-325
in regard to certain claims against United
SHAUCS smears eee ein = ose em ems te eee 321-325
George E. Munro as to ownership of vessels seized ........--- 801-306
James G. Swan before Senate committee......-.....--.-...---- 286
relating to fur-seals and to sealskin industries .:-....-...-.-- 853-400
af iatle COMPOSIOLON OF Canen Ol tno s.- a. sea oc,. sec acos ive oe Sete Pee eS 355
Minerompassave Of MIOTAbINE herders. coe Stic co foc - scence + -Ss.ccus came 230
when Alaskan seal herd first reaches Pacific coast......-.-.---.--:-...- 231
ER OU LO DEMONS ao sce . 28 eee. Oks laa eae 231
Tolstoi Rookery, no driving from, in 1891....-... apie Ee See ea PDC 399
Tonnage. (See Schooners.)
Mosvlsend.. Charles ene posiuOl Ole... siwesccecece iaccscemaccccsscccnacees 392
Tam AACULON EM auLLON TOSCO WLUZ cee oveero os coe nies Ce eee me cote ne Ons occurs os aoe 351
DranstoriOmskansr irom 6Ss6es; SLEAMER. =a =0 esi cc oans acreasek ccc ces cee cece 361
Translations, amended, of Russian documents. (See Petroff, Ivan)-......-...- 154-175
erroneous, communications concerning ..................-.--- 151-152
Transshipment of sealskins at San Francisco.....-......---..s.--------00---- 353
Treaty of arbitration, correspondence relating to interpretation of.......... 139-150
Parnes Matwne Ww, AOpOSMAG Ol. «neue antes coaes Skceig ne ant asl esis - 2 nee toes 350
United States, claims against:
Special proceedings instituted in regard to .-.................---.------ 320-326
Mestimoniy Fel aimeet Omens ak one ane oniae oc See ee ae. cot SeERee 341-352
Vancouver Belle, Russian seizure of the, in 1892 ............-.2. 20-22. e200 one 202
Veniaminoff:
Notes on the islands of the Unalaska district, extract from .... .........- 294
Om themanarement Of thojslamds s.censce occ ssn sse cece cates oct soe la: 294-299
Vessels. (See schooner.)
COSU OLS esse cern mace Sane a aera See ene Semen eo ob oa cam een 350
CAME TUEL A Cy" Soe ae a ESA Grrr a eee 343, 348
deposition of A. P, Lorentzen asto............ 2.02... .22. ee. 343
COED) Oe eee Se NE eR de ac ee Sa a 348
Rersed UD yaWmibed Stabes< sce Mechs ees an Cee a eee. cakes Lise etwas 301-338
BpPPraisemien hr Ole sass Se elses soe Soe ha Be 329-338
DWHEESE OR ott at se ae po kee Beas os og 2 Sete 351, 352
Victoria, prodromus of zodlogy of, extract from..................2.-0222000-- 292
Virile males:
Sufficiency of, on Commander Islands ..............--...------ 365-375
Sumcioney or, on Pribilet [slasds}22 2c sece2 occ cu. 225 cs cw con 269, 270
Wirtlty of males not unpawmed by driving. 2.52.25. n 2. Sots ec. ---- s2eceledna 390
Visits of foreign whalers to Bering Sea, Russian documents relating to ....-. 199, 200
Widen 0 epelanie, Sealers Saptny OW Sas sae oee ce. a cn den ane ce wecieaoceeucn 248
Warren, James D., testimony of, as to ownership of vessels seized ........-.. 308-313

470 SUBJECT INDEX OF APPENDIX.

Page.
Warren & Boscowitz, relations of} 2.2. o 2 a20 ccactsas nocewensee~ os cece ee eens 801-320
Warren-Boscowitz. transaction’ £2-. sec 26 sao. c> “nee eee eee ees oe eee 351
Warren vs. Boscowitz and Cooper, extract from notes made at trial of...... 301-304
Warren vs. Boscowitz et al., extracts from evidence in the case of..... er 304-313
Warren et al., Boscowitz vs., extracts from evidence in case of..-.......-.- 304-313
Warren et al., vs. Boscowitz et al., extracts from case on appeal........-..- 313-320
Waste otplitesbyspelacic sealing yr. Jo. cesaccincan ena aeeee anaes 366, 370, 396

Weapons. (See Firearms, also Rifles and Shotguns. )
Weight of Alaskan sealskins, statement of, from 1874 to 1889 ................ 369

aspiite Of RopIskitiaia Qe ocee ok aoe Sateen ences eee oc ee 282, 373, 384
MALTS fOMAlO\s 22 Ss saisiss salaev> soacie es oon seenle se cee mers See ee 275
MAG {aoa cae cee a wineries oe wcea eect eon et Cee ee eee 215 |

ee a eal eee) < main Sona ee ea eee a 275

Whalers in Bering Sea, Russian documents relating to ................---- 199-200
Williams, Theodore T.:

Weposibl ONO so. ass ct sec ccs =as ca wee ao eciotee neces aac ee eee aeee 351

Onisalestot, sealing schooners2: 22... bcs stecbe soc eeineseesiees one sector 410

Walliams, -WalliamsH.,;depositions: of2 >. 22... 23. -see sence et a> —so se 352, 396, 397

Willie McGowan, Russian seizure of the, in 1892 .-...-.....--....---------- 201-203

Wanifred,coniposition of Catch (of the W225 .< 2 a. 2 scene csr oe aes saan eseeeeeee 354

Mater habitabior Alaskan her@ 2.2. 255 Jceno2d-eeusen ston -csd esse ce se eaeeee 361, 371

Withdrawal-of Russian documents. +22 22.23 sess sce ens occe= eee aceceseeeeee 153

Wi/Oul thie SS Stoo ses asa bede eo Dacca EGE C SOD OCeanEA ED oo po pococHeg sass o+ 395

W. P. Sayward, value of the ..-...-.-- Suretig St) on neice yee eines Rieter neraate 344

Westie, abtingOfa occ stubs: omecie been cas <n eer Woes eseeeee aa ae eee 278

COlOTIO lew ats ce oes hans be womse oe eetse ter riceeamaiece sites aeeee 275

WiGlOMitOhs ene scion sta tem a Boel chit cincac cereiniaisiae ieee neta ite 275

Zones, protection within, inadequate... ... .....cccc. cocecccc ccc cccccccce. 218, 370

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COUNTER CASE

CHART No7

MIGRATION CHART
OF THE ALASKAN SEAL HERD | : ; ive |.

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Ce OFA
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om Drawn and corrected from date submitted with the Case of the z
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