Papers Relating to the Foreign Relations of the United States, 1894

Sir Julian Pauncefote to Mr. Gresham.

Washington, April 30, 1894.
(Received April 30, 1894.)

Sir: In accordance with the arrangement made when I had the honor of an interview with you and the Secretary of the Navy at the State Department, Mr. Herbert was good enough to send me on the 19th instant the draft of the instructions which it was proposed to issue to the officer commanding the United States naval force in Bering Sea, for his guidance in carrying out the provisions of the act of Congress passed to give effect to the award of the Bering Sea Tribunal of Arbitration.

On the following day I transmitted the draft instructions to my Government for their observations, and I am now in receipt of a telegram from Her Majesty’s principal secretary of state for foreign affairs, in which I am directed to draw your attention to paragraph 6 of the draft instructions, so far as it relates to British vessels. That paragraph requires modification in order to bring it, as regards the powers to be exercised by United States cruisers over British vessels, within the limits prescribed by the British order in council conferring such powers.

The Earl of Kimberley desires me to state to you that the order in council which is about to be issued to empower United States cruisers to seize British vessels will only authorize them to make seizures of vessels contravening the provisions of the British act of Parliament, or, in other words, the provisions of the award.

There is no clause in the British act corresponding with section 10 of the United States act of Congress. United States cruisers cannot therefore seize British vessels merely for having on board, while within the area of the award and during the close season, implements suitable for taking seal. The mode in which such vessels should be dealt with is indicated in the instructions issued on that point to the British naval officers, and of which I have the honor to inclose a copy, and Lord Kimberley suggests that the instructions to the United States cruisers should coincide with the British instructions so far as regards the seizure of British vessels. The Secretary of the Navy was good enough to furnish me, in addition to the draft of the proposed instructions to the United States cruisers, with a map intended to accompany them and purporting to show the delimitation of the waters embraced in the award. As regards this map, Lord Kimberley points out that the red line drawn thereon is not quite correct. It makes the meridian 180 strike the Russian water boundary north of the sixtieth degree of latitude instead of reaching it south of that degree, as it should do according to the award.

I have the honor, etc.,

Julian Pauncefote.

[Inclosure.]

Instructions to British cruisers as to seizure.

If a vessel which appears to be a sealing vessel is found in any water in which, at the time, hunting is prohibited, you will ascertain whether she is there for the purpose of hunting, or whether she has hunted, of whether she was carried there by stress of weather, or by mistake, during fog, or is there in the ordinary course of navigation on her passage to any place.

If you are satisfied that the vessel has hunted contrary to the act you will seize her and order her to proceed to the British port herein after mentioned; but if you are of opinion that no offense has been committed you should warn her, and keep her, as far as you think necessary and as is practicable, under supervision.

Whether this vessel has been engaged in hunting you must judge from the presence of sealskins or bodies of seals on board and other circumstances and indications. If the vessel is found outside the specified limits and it is evident that she has been hunting within those limits, and that thus an offense has been committed, you will seize he: and send her to port.

A vessel, though herself not within the prohibited limits, may violate the act by her boats hunting within such limits.