Papers Relating to the Foreign Relations of the United States, 1894
Sir Julian Pauncefote to Mr. Gresham.
Sir: Adverting to the verbal communications which have passed between us respecting the best mode of verifying and adjusting the British claims for compensation for the seizure of British sealing vessels in Bering Sea, I have now the honor to transmit herewith, by direction of Her Majesty’s principal secretary of state for foreign affairs, a complete list and summary of those claims, together with memoranda of the additions and amendments made since their original presentation. I am at the same time to make the following suggestion, with a view to adjustment of those claims with the least possible labor, expense, and delay:
The whole of the claims, excepting that of the Henrietta and that of the Black Diamond (1886), were laid before the Tribunal of Arbitration at Paris, together with the evidence in support of them. The facts on which they rest were found by the arbitrators, as provided by Article VIII of the Treaty of Arbitration, and form part of the award. In view of the decision of the Tribunal on the questions of law submitted to them, it only now remains to assess the damages. I am accordingly authorized by the Earl of Kimberley to propose that, for the purpose of such assessment, each Government should appoint a duly qualified commissioner, who should be a lawyer and, if possible, possess some knowledge of the conditions of the sealing industry.
That the two commissioners should sit together at Victoria, British Columbia, where all the evidence in verification of the claims can be obtained on the spot. That they should make a joint report on all the claims in which they have agreed as to the amount of damages, and [Page 205] separate reports in the cases in which they have failed to agree, fully stating the grounds of such disagreement.
That the assessment of damages by the two commissioners, where they have been able to agree shall be final.
That in cases where they have been unabled to agree the differences shall be settled by the two Governments within a fixed period, failing which such differences shall be referred for final adjustment to an umpire to be appointed by the two Governments jointly, or, in case of disagreement, to be nominated by a foreign Government.
You informed me some time ago that, in the view of your Government, a convention would be necessary for the adjustment of the claims, and the Earl of Kimberley, to whom I did not fail to communicate that opinion, has instructed me to proceed at once with the negotiation of such a convention, on the basis of the arrangement above proposed, should it be favorably entertained by your Government.
I have, etc.,
Memoranda of additions and amendments made since original presentation of list of British claims for compensation for the seizure of British sailing vessels in Bering Sea.
ada.
| Claim of the master, Captain Gaudin, for personal loss and damage | $3,000 |
This claim was, by a mistake on the part of the agent of the owner of the Ada, not included when the other claims in connection with this vessel were entered. Captain Gaudin thought that it had been so included, and it was only on seeing the printed list of the British claims that he discovered that such was not the case. He at once requested that the omission might be rectified and his claim added to the list, and Her Majesty’s Government, after causing an inquiry to be made into the circumstances of the case, decided that his application should be granted.
Captain Gaudin’s claim has accordingly been added to the schedule of the claims entered with respect to the schooner Ada.
henrietta.
[Seized by the U. S. war ship Yorktown on September 4, 1892.]
| Value of vessal | $4,000 |
| Value of outfit and equipment | 3,000 |
| Value of 420 seal skins, at $18. | 7,560 |
| Value of balance of estimated full catch for season in Bering Sea for three boats and three canoes, viz, 561 skins, at $18 | 10,098 |
| Legal and personal expenses in defending action against vessel and cargo at Sitka, and in preparing and forwarding thus claim | 2,000 |
| Claim of owner, with interest at 7 per cent, to date of payment | 26,658 |
In his note, dated 13th of March last, Mr. Gresham stated that from the date on which the Henrietta was handed over to her captain, the United States Government ceased to bear any responsibility or to exercise any control with regard to that vessel, and that therefore they were unable to comply with the request of Her Majesty’s Government that she should be sent to a British port for trial; but he added that the claim of her owner for compensation would receive due consideration when presented.
The claim in question has, therefore, been added to the general list of British claims.
[Page 206]black diamond.
[Additional claim submitted by the master, Mr. Henry Paxton, for damages alleged to have been sustained by reason of the above schooner having been ordered out of Bering Sea in 1886 by the United States authorities.]
| Estimated catch for August, 1886, 1,000 skins at $7.50 each (the price of skins at Victoria during the fall of 1886). | $7,500 |
This claim was sent in too late for insertion in the general list of British claims. In view of the length of time that had elapsed since the occurrence of the action complained of, Her Majesty’s Government deemed it advisable to cause an inquiry to be made as to the reason for the delay in presenting the claim. The reason given was that at the time of the seizure of the vessel, the coowners, who were three in number, were doubtful as to how far an appeal to the United States Government for redress would be entertained. In the following year one of the owners was lost at sea and another left the country, and it was only after the publication of the award that the surviving owner consulted his solicitor and was informed that he had a good and equitable claim for compensation. The claim was then drawn up and presented at once.
Her Majesty’s Government also ascertained from the solicitors in question that the fact of the Black Diamond being boarded by the revenue officers of the United States and ordered out of Bering Sea in 1886 is entered in the records of the custom-house of Unalaska, and that due protest was made by the master of the vessel on the arrival of the schooner at Victoria.
Under the circumstances Her Majesty’s Government considered that the reasons alleged for the delay were reasonable, and gave instructions that the claim should be presented to the United States Government, together with the other similar claims.
juanita.
It will be noticed that the original claim of the owner of the Juanita, which was stated at $14,695, has been amended so as to amount to $17,697.66.
The ground upon which this claim was amended was that the owner made his original statement on the basis of $8 per skin, whereas it was ascertained afterwards that the skins had been sold at San Francisco at an average of $9.67 per skin.
List and summary of the claims for compensation in respect of the seizures of British vessels in Bering Sea by the authorities of the United States.
carolena.
[Seized by U. S. S. Corwin August 1, 1886.]
| For— | Amount of claim as put forward by owner. |
| Value of vessel, 32 tons | $4,000.00 |
| Value of outfit (inconsumable). | 3,002.89 |
| Insurance | 352.50 |
| Wages of crew up to date of seizure | 1,832.22 |
| Passage of crew from San Francisco to Victoria | 71.72 |
| Passage of mate, Sitka to Victoria, after release from prison. | 100.00 |
| Personal expenses of owner | 250.00 |
| Legal expenses | 1,250.00 |
| Estimated seal catch for 1886. | 16,667.00 |
| 27,526.33 | |
| Deduct value consumed during a fall voyage | 3,213.32 |
| Claim by owner, with interest at 7 per cent to date of payment. | 24,313.01 |
thornton.
[Seized by U. S. S. Corwin August 1, 1886.]
| For— | Amount of claim as put, forward by owner. |
| Value of vessel, 78 tons | $6,000.00 |
| Value of outfit (inconsumable) | 2,941.63 |
| Insurance | 591.40 |
| Wages paid to date of seizure to crew, etc | 1,370.04 |
| Passage money of crew from San Francisco to Victoria | 177.16 |
| Passage money of crew and expense of captain and mate after release, Sitka to Victoria | 200.00 |
| Personal expenses of owners. | 1,000.00 |
| Estimated catch of seals for 1886 | 1,250.00 |
| Legal expenses | 16,667.00 |
| 30,197.23 | |
| Deduct value consumed on a full voyage | 3,379.58 |
| Claim by owners, with interest at 7 per cent to date of payment | 26,817.65 |
onward.
[Seized by U. S. S. Corwin August 2, 1886.]
| For— | Amount of claim as put, forward by owner. |
| Value of vessel, 94 tons. | $4,000.00 |
| Value of outfit (inconsumable) | 1,778.69 |
| Insurance | 260.00 |
| Wages paid for voyage | 1,820.00 |
| Passage, etc., of master and mate | 200,00 |
| Personal expenses of owner | 250.00 |
| Legal expenses | 1,250.00 |
| Estimated catch | 16,667.00 |
| 26,225.69 | |
| Deduct value consumed during full voyage | 2,955.98 |
| Claimed by owner, with interest at 7 per cent to date of payment | 23,269.71 |
favourite.
[Warned out of Bering Sea by U. S. S. Corwin August 2, 1886.]
| For— | Amount of claim as put, forward by owner. |
| Estimated loss of catch of 1,000 seals | $7,000.00 |
| Claim by owner, with interest at 7 per cent to date of payment | 7,000.00 |
w. p. sayward.
[Seized by U. S. S. Richard Rush July 9, 1887.]
| For— | Amount of claim as put, forward by owner. |
| Passage of crew, etc. | $255.00 |
| Passage of officers. | 250.00 |
| Legal expenses of owners | 850.00 |
| Probable seal catch, 1887, 3,500 seals, at $5.50 | 19,250.00 |
| Loss by detention, October 1, 1887, to February 1, 1888 | 1,200.00 |
| Loss of profit in season 1888 (February 1 to October 1) | 6,000.00 |
| Personal expenses of owners | 250.00 |
| Claim by owner, with interest at 7 per cent to date of payment. | 28,055.00 |
| Cost of suit before Supreme Court United States, in reseizure of W. P. Sayward. | 62,847.12 |
| Total | 118,957.12 |
grace.
[Seized by U. S. S. Richard Bush July 17, 1887.]
| For— | Amount of claim as put, forward by owner. |
| Value of vessel, 182 tons | $12,000.00 |
| Nonconsumable outfit | 1,742.57 |
| Passage of master and crew | 200.00 |
| Personal expenses of owners | 250.00 |
| Legal expenses. | 850.00 |
| Probable catch, 1887, 4,200 seals, at $5.50 | 23,100.00 |
| Claim of owner, with interest at 7 per cent to date of payment. | 38,142.57 |
anna beck.
[Seized by U. S. S. Richard Rush June 28, 1887.]
| For— | Amount of claim as put forward by owner. |
| Value of vessel | $8,000.00 |
| Nonconsumable outfit | 977.50 |
| Passage of master and crew | 460.54 |
| Personal expenses of owner. | 250.00 |
| Legal expenses | 850.00 |
| Probable seal catch, 1887, 3,150, at $5.50 | 17,325.00 |
| Claim of owner, with interest at 7 per cent to date of payment. | 27,863.04 |
dolphin.
[Seized by U. S. S. Richard Rush July 12, 1887.]
| For— | Amount of claim as put, forward by owner. |
| Value of vessel, 174 tons | $12,000.00 |
| Value of nonconsumable outfit | 2,051.50 |
| Passage of master and crew | 300.00 |
| Personal expenses of owner | 250.00 |
| Legal expenses. | 850.00 |
| Probable catch, 1887, 4,500, at $5.50 | 24,750.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 40,201.50 |
alfred adams.
[Seized by U. S. S. Richard Rush July 10, 1887.]
| For— | Amount of claim as put, forward by owner. |
| Value of outfit seized | $683.00 |
| Personal expenses | 200.00 |
| Legal expenses | 300.00 |
| Probable catch, 3,500, at $5.50 | 19,250.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 20,433.00 |
ada.
[Seized by U. S. S. Bear August 25, 1887.]
| For— | Amount of claim as put, forward by owner. |
| Value of vessel, 68 tons | $7,000.00 |
| Value of nonconsumable outfit | 2,500.00 |
| Passage, etc., of master | 100.00 |
| Personal expenses | 250.00 |
| Legal expenses | 850.00 |
| Probable catch, 1887, 2,876, at $5.50 | 15,818.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 26,518.00 |
triumph.
[Ordered not to enter Bering Sea by U. S. S. Richard Rush August 4, 1887.]
| For— | Amount of claim as put, forward by owner. |
| Illegal boarding and searching of Triumph, as set forth in affidavit. | $2,000.00 |
| 1,000 seal skins | 8,000.00 |
| Legal and other expenses | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 10,250.00 |
juanita.
[Seized by U. S. S. Richard Rush July 31, 1889.]
| For— | Amount of claim as put, forward by owner. |
| 620 seal skins, at $8 | $4,960.00 |
| Balance of estimated catch for 1889, at $8 | 9,424.00 |
| Spears, etc | 36.00 |
| New ship’s papers | 25.00 |
| Legal and other expenses | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 14,695.00 |
| For amended claim, see colonial office to foreign office, November 23, 1893. | 17,697.66 |
pathfinder.
[Seized by U. S. S. Richard Rush July 29, 1889.]
| For— | Amount of claim as put forward by owner. |
| 854 skins seized, and estimated balance of catch (1,246), at $12.25 a skin | $25,725.00 |
| Guns, etc., seized. | 765.00 |
| New papers | 25.00 |
| Legal expenses | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 26,765.00 |
triumph.
[Ordered out of Bering Sea by U. S. S. Richard Rush July 11, 1889.]
| For— | Amount of claim as put, forward by owner. |
| Balance of estimated catch of 2,500, at $8 a skin | $19,424.00 |
| Legal and other expenses | 250.00 |
| Claim by owner, with interest at 7 per cent to date of payment. | 19,674.00 |
black diamond.
[Seized by U. S. S. Richard Rush July 11, 1889.]
| For— | Amount of claim as put, forward by owner. |
| 76 skins seized, at $8 | $608.00 |
| 2,024 skins, balance of estimated catch, at $8 | 16,192.00 |
| Rifles, spears, etc., seized. | 110.00 |
| New ship’s papers | 25.00 |
| Legal and other expenses | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 17,185.00 |
lily.
[Seized by U. S. S. Richard Rush August 6, 1889.]
| For— | Amount of claim as put, forward by owner. |
| 333 skins seized, at $8 | 2,664.00 |
| Balance of catch, 1,767, at $8 | 14,136.00 |
| Spears and salt seized. | 101.00 |
| New ship’s papers | 25.00 |
| Legal and other expenses. | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 17,176.00 |
ariel.
[Ordered out of Bering Sea by U. S. S. Richard Rush July 30, 1889.]
| For— | Amount of claim as put, forward by owner. |
| Balance of estimated catch of 2,000 (1,156), at $8 | $9,248.00 |
| Legal and other expenses | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment. | 9,498.00 |
kate.
[Ordered out of Bering Sea by U. S. S. Richard Rush August 13, 1889.]
| For— | Amount of claim as put, forward by owner. |
| Balance of catch | $10,960.00 |
| Legal and other expenses | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 11,210.00 |
minnie.
[Seized by U. S. S. Richard Rush July 5, 1889.]
| For— | Amount of claim as put forward by owner. |
| 420 skins seized | $3,360.00 |
| Balance of catch | 12,752.00 |
| Guns and spears seized | 98.00 |
| Legal and other expenses. | 250.00 |
| Claim of owner, with interest at 7 per cent to date of payment. | 16,460.00 |
pathfinder.
[Seized by U. S. S. Thomas Corwin March 27, 1890.]
| For— | Amount of claim as put, forward by owner. |
| Seizure and detention from March 27, 1890, to March 29, 1890 | $2,000.00 |
| Claim of owner, with interest at 7 per cent to date of payment | 2,000.00 |
claims for 1886.
| Claimed by | Amount claimed. | |
| David Moore, master of Onward | Illegal arrest and imprisonment | $4,000 |
| Margotich, mate of Onward | do | 2,500 |
| Hans Guttornasen, master of Thornton | do | 4,000 |
| Harry Norman, mate of Thornton | do | 2,500 |
| Jas. Ogilvie, master of Carolena | do | 2,500 |
| Jas. Black, mate of Carolena | do | 2,500 |
| Total for 1886 | 18,000 |
claims for 1887.
| Claimed by | Amount claimed. | |
| Warren, master of Dolphin | Sufferings and losses navigating four vessels from Unalaska to Sitka. | $2,635 |
| John Riely, mate of Dolphin | do | 1,000 |
| George P. Ferey, master of W. P. Say ward | do | 2,000 |
| A. B. Laing, mate of W. P. Sayward | do | 1,000 |
| Louis Olsen, master of Anna Beck | do | 2,000 |
| Michael Keefe, mate of Anna Beck | do | 1,000 |
| W. Petit, master of Grace | do | 2,000 |
| C. A. Lundberg, mate of Ada | do | 2,000 |
| Total for 1887 | 13,635 | |
| Total for 1886 and 1887 | 31,635 | |
| To be added to 1886, personal claims Captain Gaudin, of Ada. | 3,000 | |
| Amended total 1886 and 1887 | 34,635 |
recapitulaltion.
| Year. | Vessel. | Amount claimed. | Total. |
| 1886 | Carolena | $24,313.01 | |
| Thornton | 26,817.65 | ||
| Onward | 23,269.71 | ||
| Favourite | 7,000.00 | ||
| Personal claims. | 18,000.00 | ||
| $99,400.37 | |||
| 1887 | W. P. Sayward | 28,055.00 | |
| Grace. | 38,142.57 | ||
| Anna Beck | 27,863.04 | ||
| Dolphin. | 40,142.57 | ||
| Ada. | 26,518.00 | ||
| Alfred Adams | 20,433.00 | ||
| Triumph | 10,250.00 | ||
| Personal claims | 13,635.00 | ||
| 205,098.11 | |||
| 1889 | Juanita. | 14,695.00 | |
| Pathfinder | 26,765.00 | ||
| Triumph | 19,674.00 | ||
| Black Diamond | 17,185.00 | ||
| Lily | 17,176.00 | ||
| Ariel | 9,498.00 | ||
| Minnie | 16,460.00 | ||
| Kate | 11,210.00 | ||
| 132,663.00 | |||
| 1890 | Pathfinder | 2,000.00 | |
| Total claims without interest | 439,161.48 | ||
| Costs of suit before Supreme Court, United States, in reseizure of W. P. Sayward | 62,847.12 |
total.
| 1886. | Vessels | $81,400.37 |
| Personal claims | 18,000.00 | |
| 1887. | Vessels | 191,463.11 |
| Personal claims. | 13,635.00 | |
| 1889. | Vessels | 132,663.00 |
| 1890. | Vessels. | 2,000.00 |
| 439,161.48 | ||
| W.P. Sayward costs | 62,847.12 | |
| Total | 502,008.60 | |
| Extra for Juanita. | 3,002.66 | |
| Extra for Black Diamond (1886) | 7,500.00 | |
| Extra for Ada | 3,000.00 | |
| Total | 515,511.26 | |
| Henrietta | 26,658.00 | |
| Amended total | 542,169.26 | |