Mr. Olney to Lord Gough.
Washington, June 14, 1895.
My Lord: I have the honor to apprise you of the receipt of a letter of the 11th instant from the Secretary of the Treasury, reporting, in view of a communication of the 11th ultimo from Captain Munger, of the U. S. revenue cutter Corwin, the seizure of the British sealing schooner Shelby on May 11 last.
The declaration of seizure prepared by Captain Munger and delivered to the commanding officer of H. M. S. Pheasant states that the vessel was seized for disregarding the proclamation of the President of the United States and the act of Congress of April 6, 1894. From an examination of the report of Captain Munger, it would appear that the seizure was made on the ground that there was cause to believe that said vessel had killed fur seals within the award area during the closed season, the reason for such belief being found in the possession by the vessel of seal skins, implements, and outfits, together with salt, shotguns, and ammunition.
On receipt of said report Captain Hooper, commanding officer of the patrolling fleet, was reminded that the act of Congress of April 6, 1894, was applicable only to American vessels. He was also directed if, on investigation, he found that said vessel was seized on the charge of illegal killing during the closed season, to instruct Captain Munger to deliver to the commanding officer of H. M. S. Pheasant an amended declaration of seizure, assigning as the cause the violation of the second article of the regulations of the Paris award, as set forth in the schedules annexed to the British act of Parliament known as the Bering Sea award act of 1894.
[Page 643]In this connection the receipt signed by the commander of H. M. S. Pheasant is called to your attention:
Sitka, May 13, 1895.
In accordance with the provisions of section 12, article 9, of the Bering Sea fisheries award, I have this day received from C. L. Hooper, captain, United States Revenue-Cutter Service, commanding Bering Sea fleet, the British schooner Shelby, of Victoria, British Columbia, C. Classen, master, with her tackle, furniture, cargo, and documents, seized by the United States revenue steamer Corwin, Capt. F. M. Munger, commanding, for violation of the acts of Congress and of the British Parliament regulating the fur-seal fisheries.
Frank A. Garforth,
Lieutenant, R. N., Commanding H. B. M.
Pheasant.
Under these circumstances, I request that the consent of Her Majesty’s Government be given for the appointment of counsel to represent the Government of the United States in condemnation proceedings against the Shelby and such other British vessels as may be seized this season by officers of the United States for violation of the regulations of the Paris award. It is confidently believed that such action will greatly assist in the proper enforcement of the award provisions.
In this connection, I observe that the declaration of seizure will be amended to the end that the libel in admiralty may set forth the breach of the British act of Parliament known as the Bering Sea award act of 1894.
Asking that you will have the kindness to promptly communicate to Her Majesty’s Government the purport of this note and to apprise me, at your early convenience, of Her Majesty’s decision upon the subject,
I have, etc.,