Bering Sea Tribunal of Arbitration United States.

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LAW LIBRARY

OF THE

UNIVERSITY OF VIRGINIA



JOHN BASSETT MOORE
LIBRARY OF INTERNATIONAL LAW



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FUR-SEAL ARBITRATION.

APPENDIX

/ w ^

TO

The Case of the United States



BBFOKE 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.



VOLUME I.



70193

WASHINGTON, D. C:

GOVERNMENT PRINTING OFFICE.

1892.



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GIFT

APn22 -46



JUV



'-7



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TABLE OF CONTENTS.



Pago.

Treaty of arbitration of 1892 1

Modus Vivendi of 1892 6

Additional facto relatiiif^ to the KniiHian American Company 9

RusHia'n Qarly title to parts of the American coast 12

Imperial Russian edicts relating to the Russian American Compjiny 14-31

Cliarterof 1799 14

Ukase of 1821 16

Charter of 1821 24

Confirmation of charter of 1821 27

Charter of 1^4 28

Treaties 32-48

Great Britain and Spain, 1790 32

United States and Great Britain, 1818 34

United States and Spain, 1819 34

United States and Russia, 1824 35

Great Britain and Russia, 1825 39

United States and Russia, 1867 43

Russian correspondence relating to the affairs of the Russian American

Company 49-90

Part I. Illustrating Russia's exercise of jurisdiction over Bering Sea . .. 49-80

Minister of Finance to Miu ister of Marine, April 9, 1820 49

* Minister of Finance to Board, April 10, 1820 51

Board to Chief Manager, April 23, 1820-. 53

Board to Chief Manager, March 31, 1821 55

Board to Chief Manager, August 3, 1820 57

Orders to Kadiak office, August 3, 1820 57

Board to Chief Manager, March 15, 1821 58

Board to Chief Manager, September 7, 1821 59

Board to Chief Manager, September 20, 1821 59

Board to Chief Manager, February 28, 1822 61

Board to Chief Manager, July 31, 1822 61

Minister of Finance to Board, July 18, 1822 62

Minister of Finance to Board, April 2, 1824 63

Count Nesselrode to N. S. Mordvinof, April 11, 1824 64

Minister of Finance to Board, September 4, 1824 67

Count Nesselrode to Minister of Finance, Angust 18, 1824, inclosing

Proceedings of Conference of July 21, 1824 68

Board to I. A. Kupreianof, March 31, 1840 71

Board to Acting Chief Manager, March 20, 1853 72

Chief Manager to Benzeman, June 20, 1861 74

Department of Commerce to Board, June U), 1SH5 75

Concerning the granting of a fourth chartir 78

0|»ini on of Council of State 79

Proclamation 80

ui

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IV TABLE OF CONTENTS.

Russian correspondence, etc. —Continued* Page.

Part II. lllusti-atiug UiiHsian luauagement on the Seal Islands 80-90

Board to Chief Manager, April 6, 1817 80

Board to Chief Manager, March 8, 1843 81

Board to Captain Rudakof, April 22, 1853 82

Board to Chief Manager, April 24, 1854 82

Board to Chief Manager, November 8, 1854 83

Board to Chief Manager, June 5, 1857 84

Chief Manager to Board, October 7, 1857 S4

Chief Manager to Board, January 13, 1859 86

Chief Manager to Board, May 13, 1860 86

Chief Manager to Board, July 16, 1863 88

Chiof Manager to Manager of St. Piuil^May-l, ISO! 89

Notice issued by the- Unite<l Ktjites 3overnmeut in 1845 91

Action of the United States (iovernmeut relative to Alaska since the cession. 92-124

La\%'S enacted by Coogress 92-99

Action of the Executive 99-113

Decisions of the United States courts. .-.-.. .•.-.-. .- .-. 113-124

Nf»tes on the fur industry of Bering Sea and the ^tdjoining region 125-129

Revenue derived from the Alaskan seal herd 130

Diplomatic correspondence 131-364

Correspon<lence of the years 1822-1825 relative to the n-kase of 1821 and

to the treaties of 1824 and 1825 132-152

Correspondence} between th# United States and Great Hritain relative to

the seizure of British sealing vessels in Bering Sea in 1886 and 1867.. 153-168
Correspondence relative to projiosed international measnres for the pro-
tection of fur-seals (1887-1888) 168-194

Correspondence relative to and growing out of the seizure of British seal-
ing vessels in Bering Sea in 18^ (August 24, 1889, to January "22, 1890) . 195-203
Correspondence relative to proposed international measures for the pro-
lection of fur-seals— continued— (F^'bruary 10^ 1890, to June 27, 1890). 204-223
Correspondence relative to the jurisdicticmal rights in Bering Sea for-
merly possessed by Russia and transferred to the United States by the

treaty of 1867- (Mr. Blaine's note of June 30, 1890) 221-235

Correspondence relative to Great Britain's willingnesH to enter into a con-
vention for the protection of fur-seals (June 30, 1890, to July 18, 1890). 236-241
Correspondence relative to the jurisdictional rights in Bering Sea for-
merly possessed by Russia and transferred to the United States by the

trea^ of 1867— continued— (August 2, 1890, to April 14, 1891) 242-297

Correspondence relative to the modus vivtndi of 1891 and to the negoti-
ations for arbitration (April 20, 1*91, to February 8, 1892) 298-350

Correspondence relative to the modus vicendi of 1892 (February 9, 1892,

to March 26, 1892) 351-364

(For alphabetical list of notes see Index, " Diplomatic Correspondence.")



ARTICLE BY DR. J. A. ALLEN.
Introduction



PAHT I.

Synopsis of the PinnipedSf or Seals and Walruses^ in relation to their commercial history

and products.

Common seal, eared seal, and walrus 367

Dependence on the land 367



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TADLE OF CONTENTS. V

Differ notably from each other 307

SyuopHis of Pinnipedia i 367

Walkises:

Walruses 368

Atlantic walrus 368

The walrus in northern Europe 368

Relentless hunting of 368

Extermination Imminent 368

Jan Mayen seals 369

Davis ^traits 369

Pacific walrus 369

Uses of walrus 369

Walrus in Bering Sea and on the Alaskan coast 369

Hunting the walrus 1370

Wastefta killing 370

Used by natives as food 370

Famine among natives caused by destruction of walrus 370

Earrd-skals:

Confined to southern oceans and North Pacific .. , 370

Habits of eared-seals 371

Sea-lions and fur-seals 371

Indiscriminate hunting of fur-seals 371

Species of eared-seals 371

Section I. Eared Hair-seals, ok sea-lions :

1. Southern sea-lion 371

2. Auckland %ea-lion 371

3. 8teller^8 sea-lion 372

4. Calif omia sea-lion 372

5. Gray sea- lion 372

Section II. Fur-seat^:

6. Northern fur-seal 372

Protection by Russia and the United States 372

7. California fur-seals 373

Distinct f¥om Alaskan seals 373

Voyage of Captain Morrell in 1825 , 373,374

8. Juan Fernandez fur-seal 374

^9, Southern fur-seal 374

Excessive hunting 374

10. South African fur-seal 375

Protection by Great Britain 375

11. KergueUn fur-seal 375

12. New Zealand fur-seal 375

Protection by Great Britain 375

Habits of Southern fur-sbals:

Accounts of habits by Delano, Fanning, and Mon ell 376

Distinction of sex 377

Migration of seals 377

Propagation of seals 377, 379

Not afield of man at first 377

Sentinels 378

Quick motions 378

Dog seals 378

Arrival of mature sealH 378

Relative size of males and females 378



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VI TABLE OP CONTENTS.

Habits of Southern fur-skai^ — Continued. rag©.

Landing of seals 378

Longevity 379

Account of habits by George Comer 379

Habits of pups 380

Young males 3<^

Srai^ proper or hair-seals:

Inhabit all parts of the world 381

Habits 381

Subfamilies 381

1. Harbor seals 381

2. Bingedseal 381

3. Harpseal 382

Habits of 382

Breeding grounds 382

Growth and habits of pups 382

Sealing in Gulf of St. Lawrence and coast of Newfoundbmd 382

Decline of herd 383

Jan Mayen sea fishery 383

Close time adopted 383

Present close time insuffltient 383

Strict regulations necessary 383

White Sea 384

NovaZembla 384

4. Caspian seal 384

Permits to hunt, sold by Russia 38^1

5. Lake Baikal neal 384

6. Ribbon seal 3Hi

7. Bearded seal 384

8. Orayseal 385

9. Monk seal 385

10. West Indian seal 385

Bahama and Alacran Islands 385

Destruction of 386

11. Leopard seal 386

12. Crab-eating seal 386

13. WeddelVs seal 386

14. Ross's seal :386

15. Hooded'seal 387

16. California sea-elephant 387

Report of Capt. Scammon on 387

17. Southern sea elephant 388

Habits described by Morrell 388

South Shetland Islands 389

Islands in South Pacific and Indian Ocenn 389

History of sea-elephant hunting 389

Increasing scarcity of sea-elephants 390

General summary:

Unrestricted killing always leads to extermination 390

Extermination of southern fur-seals 390

Sea-elephants almost extinct 391

Decline of hair, harp, and hooded-seals 391

International provision for a close season 391



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TABLE OF CONTENTS. VH

PART II.

Fur-seal HUNTING in the Southern Hemispherb. Page.

History of 393

Instances of Government protection 394

Falkland Islands 394

Mas-a-fuera 394

Juan Fernandez 395

Galapagos Islands 396

St. Felix, St. Ambrose, St. Marys Islands, etc 396

Tierra del Fnego and the Patagonian Coasts ^ 396

Lobos Island 396

South Shetland Islands 398

South Georgia Island 399

Sandwich Land 399

Tristan da Cunha Islands and Gough Island 400

Prince Edward and Crozet Islands 400

Kerguelen Land. . . . 401

Borders Island, Antipodes Islands, Bounty Islands, Au<^kland IslnudH, etc. 401

St. Paul and Amsterdam Islands 402

West Coast of South Africa and adjacent islands 403

Cape of Good Rope....:.;:..... :. 404

Government regulations 404

PART III.

The Alaskan fur-8eal and pelagic sealing:

Pribilof Islands 405

Migration of seals 405

Commander Islands 406

Islands of Southern California 406

Guadalupe Island 406

Habits of Alaskan fur-seals 406

Mode of propagation 407

Size of Pribilof herd 407

Decline due to pelagic sealing 407

Wasteful character of pelagic sealing 408

Proportion of wounded seals lost 408

Pelagic catch 90 per cent females 409

Dead pups 409

Reasons why females are killed 409

DeiTease due to pelagic sealing 410

Results of pelagic sealing 410

STATEMENTS AND LETTERS OF NATURALISTS.

Statement by Prof. T. H. Huxley 411

Deposition by Dr. Philip Lutley Sclatcr 413

Circular letter of Dr. C. Hart Merriam r 414

Reply of Dr. Alphonse Milne Edwards ..-.-.* 418

Reply of Dr. Alfred Nehring 420

Reply of Prof. Robert Collett 421

Reply of Dr. Gustav Hartlaub 421

Reply of Prof^ Count Tomraaso Salvadori 422

Reply of Dr. Leopold von Schrenck 423

Reply of Dr. Henry H. GigUoU 423



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VIII TABLE OF CONTENTS.

Pajrei.

Reply of Dr. Raphael Blanchanl 425

Reply of Prof. Dr. Wilhelin Lilljeborg and Prof. Baron Ad<)lf E. N«)rdeu-

skjold 428

Reply of Dr. A. Th. von Middendorf 429

Reply of Dr. EmilHolub 431

Reply of Dr. Carlos Berg 433

FOREIGN STATUTES.

Falkland Isijinds 435

New Zealand 436

Canada 441

Newfoundland 442

Russia 445

Uruguay 448

Japan..... 449

Great Britain and Canada 450

A brief summary of the laws of the United Kingdom of Great Britain
and Ireland and of the Dominion of Canada, relating to the protection

of game, birds, and fishes 452

Great Britain:

Statutes relating to oyster fisheries of Ireland 457

Statutes relating to Scotch herring fisheries 458

Ceylon 461

Regulations and ordinances of Ceylon 461

For the protection of Her Majesty's rights in the digging of dead chnnks 461

For the protection of Her Majesty's chank fisheries 462

An ordinance to declare illegal the possession of certain nets and instru-
ments within certain limits 464

An ordinance relating to chanks 465

Australia 467

France 469

Italy 470

Norway 482

Colombia 484

Mexico 486

HOVERING ACTS.

Great Britain 493

United States 494

St. Helena Act 495

Quarantine Act of 1826 496

OFFICIAL REPORTS.

Beport to Secretary of Treasury, hy C. L. Hooper, captain, United States

Revenue Marine 498

Report of Johnstone H. Quinan, second lieutenant. United States Revenue

Marine 504

Report of Levi W. Myers, United States consul at Victoria, British Columhia 507

Treasury List OF Raids 519

Claim of the North American Commercial Company 520

Contract for pelagic catch , 523



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TABLE OF CONTENTS. IX

Loo BOOKS OF SRAUNG YKSSBLS: Page.

Schooner ^//eji 525

Scliooner Annie 531

Schooner Alfred Adams 543

Schooner Ada 574

The fur-seal of Guadalupe Island off Lower California 586

Letter from C. M. Lampson & Co 587

The Bering Sea dispute : A settlement 588

Weather B ursau tables 591



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TREATY OP ARBITRATION OP 1892.



A convention between the Governments of the United States and Her Bri-
tannic Majesty^ submitting to arbitration the questions which have arisen
between those Oovemments concerning the jurisdictional rights of the
United States in the waters of Behring Sea,

{Concluded ai Washington February £9, 1892. Ratification advised by the Senate March
29, 1^192. Ratified by the President April 22, 1892. Ratifications exchanged May 7,
1892. Proclaimed May 9, 1892. '\

The United States of America and Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, being
desirous to provide for an amicable settlement of the ^^^^^'
questions which have arisen between their respective governments con-
cerning the jurisdictional rights of the United States in the waters of
Behring's Sea, and concerning also the preservatioa of the fur-seal in,
or habitually resorting to, the said Sea, and the rights of the citizens
and subjects of either country as regards the taking of fur-seal in, or
habitually resorting to, the said waters, have resolved to submit to
arbitration the questions involved, and to the end of concluding a con-
vention for that purpose have appoint^ed as their respective Plenipoten-
tiaries:

ThePresidentoftheUnitedStatesof America, James ,,, , . .. .
G. Blaine, Secretary of State of the United States 5 and pi«'^p«*«'»*^"»^-

Her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, Sir Julian Pauncefote, G. C. M. G., K. C. B., Her Majesty's
Envoy Extraordinary and Minister Plenipotentiary to the United
States;

Who, after having communicated to each other their respective full
I)ow^rs which were tbund to be in due and proper form, have agreed to
and concluded the following articles.

Article I.

The questions which have arisen between the Government of the
United States and the Gk)vernment of Her Britannic ,« j^^ ^
Majesty concerning the jurisdictional rights of the '' ^
United States in the waters of the Behring's Sea, and concerning also //
the preservation of the fur-seal in, or habitually resorting to, the said
Sea, and the rights of the citizens and subjects of either country as re-
gards the taking ot fur-seal in, or habitually resorting to, the said
waters, shall be submitted to a tribunal of Arbitration, to be composed
of seven Arbitrators, who shall be appointed in the following manner,
that is to say: Two shall be named by the President of the United
States; two shall be named by Her Britannic Majesty; His Excellency

1 1



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2 TREATY OF ARBITRATION OF 1892.

the President of tbe French Republic shall be jointly requested by the
High Contracting Parties to name one; Ilis Majesty the King of Italy
shall be so requested to name one; and Uia Majesty the King of Sweden
and Norway shall be so requested to name one. The seven Arbitrators
to be so named shall be jurists of distinguished reputation in their re-
spective countries; and the selecting Powers shall be requested to
choose, if possible, jurists who are acquainted with the English lan-
guage.

In case of the death, absence or incapacity to serve of any or either
of the said Arbitrators, or in the event of any or either of the said
Arbitrators omitting or declining or ceasing to act as such, the Presi-
dent of the United States, or Her Britannic Majesty, or His Excellency
the President of the French Eepublic, or His Majesty the King of Italy,
or His Majesty the King of Sweden and Norway, as the case may be,
shall name, or shall be requested to name forthwith another person to
act as Arbitrator in the place and stead of the Arbitrator originally
named by such head of a State.

And in the event of a refusal or omission for two months after receipt
of the joint request from the High Contracting Parties of His Excel-
lency the President of the French Republic, or His Majesty the King
of Italy, or His Majesty the King of Sweden and Norway, to name an
Arbitrator, either to fill the original appointment or to fill a vacancy as
above provided, then in such case the appointment shall be made or
the vacancy shall be filled in such manner as the High Contracting
Parties shall agree.

Articlb II.

The Arbitrators shall meet at Paris within twenty days after the de-
livery of the counter cases mentioned in Article IV, and
mSd^«.*"^ ^^^ ^^ ®^*^^* proceed impartially and carefully to examine and
decide the questions that have been or shall be laid be-
fore them as herein provided on the part of the Governments of the
United States and Her Britannic Majesty respectively. All questions
considered by the tribunal, including the final decision, shall be deter-
mined by a majority of all the Arbitrators.
Each of the High Contracting Parties shall also name one person to
attend the tribunal as its Agent to represent it gener-
Agento. ^y -jj ^Yi matters connected with the arbitration.

Article HI.

The printed case of each of the two parties, accompanied by the doc- /
uments, the official correspondence, and other evidence/^

dwSlS^.^**^ *°^ ^^ which each relies, shall be delivered in duplicate to
each of the Arbitrators and to the Agent of the other

party as soon as may be after the appointment of the members of the

tribiuial, but within a period not exceeding tour months from the date

of the exchange of the ratifications of this treaty.

Article IV.

Within three months after the delivery on both sides of the printed

case either party may, in like manner deliver in dupli-

counter Case. ^^^ ^ ^^^^ ^^ ^^^q said Arbitrators, and to the AgeJit

of the other party, a counter case, and additional documents, corre- J;



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/



TREATY OP ARBITRATION OP 1892. 8

spondence, and evidence, in reply to the case, documents, coiTe8X)ond- ^
ence, and evidence so presented by the other party.

If, however, in consequence of the distance of the place from which
the evidence to be presented is to be procured, either
party shall, within thirty days after the receipt by its ^^»«°«*<>'» <>' *^*-
agent of the case of the other party, give notice to the^ other party that
it requires additional time for the delivery of such counter case, docu-
ments, correspondence, and evidence, such additional time so indicated^
but not exceeding sixty days beyond the three months in this Article
provided, shall be allowed.

If in the case submitted to the Arbitrators either party shall have
specified or alluded to any report or document in its
own exclusive possession without annexing a copy, such u,J2ntL"^"^ ®' ^^
party shall be bound, if the other party thinks proper
to apply for it. to furnish that party with a copy thereof; and either
party may call upon the other, through the Arbitrators, to produce the
originals or certified copies of any papers adduced as evidence, giving
in each instance notice thereof within thirty days after delivery of the
case; and the original or copy so requestecl shall be delivered as soon
as may be and within a period not exceeding forty days after receipt
of notice.

Article V.

It shall be the duty of the Agent of each party, within one month
after the expiration of the time limited for the delivery of the counter
case on both sides, to deliver in duplicate to each of
the said Arbitrators and to the agent of the other party ^^'f"™*'**-
a printed argument showing the points and referring to the evidence -
upon which his Government reliefs', ami either party may also support '
"thB same befbre the Arbitrators by oral argument of counsel; and the
Arbitrators may, if they desire further elucidation with regard to any
point, require a written or printed statement or argument, or oral argu-
ment by counsel, upon it; but in such case the other party shaU be /
entitled to reply either orally or in writing, as the case may be.

Article VI.

In deciding the matters submitted to the Arbitrators, it is agreed
that the following five points shall be submitted to
them, in order that their award shall embrace a dis- Q««»^««« «"»>»»tted.
tinct decision ui>on each of said five points, to wit:

1. What exclusive jurisdiction in the sea now known as theBehring^s
Sea, and what exclusive rights in the seal fisheries therein, did Russia
assert and exercise prior and up to the time of the cession of Alaska
to the United States?

2. How far were these claims of jurisdi(»tion as to the seal fisheries
recognized and conceded by Great Britain!

3. Was the body of water now known as the Behring's Sea included
in the phrase "Pacific Ocean," as used in the Treaty of 1825 between
Great Britain and Eussia; and what rights, if any, in the Behring's
Sea were held and exclusively exercised by Russia «nfter said Treaty I

4. Did not all the rights of Russia as to jurisdiction, and as to the
seal fisheries in Behring's Sea east of the water boundary, in the
Treaty between the United States and Russia of the 30th March,



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