she was carried there by stress of weather, by a mistake during foggy or thick weather, or is there in the ordinary course of navigation, making the best of her way to any place. You must judge whether such vessel has been engaged in fur-seal fishing from the presence of seal skins or bodies of seals on board, and from other circumstances and indications. If such vessel is found outside of the area of the award, and it is evident that she has been engaged in fur-seal fishing within said area, and has thus committed an offense, you will order her seized. A vessel may violate the law by her boats fur-seal fishing within said area, while the vessel, herself, is outside of said area.

The commanding officer making the seizure will, at the time thereof, draw up a declaration in writing, stating the condition of the seized vessel, the date and place of seizure, giving latitude and longitude and circumstances showing guilt. The seized vessel will be brought or sent, as soon as practicable, with all persons on board thereof, in charge of a sufficient force to insure delivery, together with witnesses and proofs, and the declaration of the officer making the seizure, if American, to the most convenient port of Alaska, California, Oregon, or Washington, and there delivered to the officers of the United States court having jurisdiction to try the offense and impose penalties for the same; and if British, to Unalaska, and there delivered to the senior British naval officer present, or carried to the most convenient port in British Columbia, and delivered to the proper authorities of Great Britain, or delivered to the commanding officer of any British vessel charged with the execution of the award herein referred to.

A signed and certified list of the papers of the seized ves

sel will be delivered to the master thereof, and a duplicate

copy will be transmitted with the declaration.

You will arrange with the commanders of the British vessels engaged in carrying out the provisions of the award

for the mutual delivery of vessels of the one count by officers of the other.

ry

seized

These instructions will remain in force only during the

present season.

Very respectfully,

H. A. HERBERT,

Secretary of the Navy.

COMMANDER CHARLES E. CLARK, U. S. N.,

Commanding U. S. Naval Force in Bering Sea,
U. S. S. Mohican, Port Townsend, Wash.

EXHIBIT 7.

Commander Clark to the Commanding Officers of the U. S. Naval Forces in Bering Sea.

(Confidential.)

(Circular to Commanding Officers, No. 22.)

U. S. S. Mohican (Third Rate),

DUTCH HARBOR, ALASKA, July 24, 1894.

Sealing vessels fallen in with after the 31st of July, in the Bering Sea, are to be carefully searched to see if there are any implements on board, not under seal, except spears, that could be used in fur-seal fishing.

A number of skins are to be taken indiscriminately and examined to see if there are any marks of shot, as cheap firearms, to be thrown overboard with ammunition when escape is found to be impossible, may be carried.

The signal cannon used in thick weather for recalling boats, and the powder required for that purpose are not to be considered as coming under the head of articles to be kept under seal.

A licensed vessel using spears only and having the seals upon her firearms, ammunition, nets, etc., intact, is not to be

seized unless it is evident that the seals on the spears were broken before the 1st day of August, 1894.

C. E. CLARK,

Commander, U. S. N.,

Commanding United States Naval Force in Bering sea.

EXHIBIT 8.

The Acting Secretary of the Treasury to Captain C. L.

Captain C. L. HOOPER,

SIR:

Hooper.

TREASURY DEPARTMENT,

OFFICE OF THE SECRETARY,
WASHINGTON, D. C., April 11, 1895.

Comd'g Bering Sea Fleet,

San Francisco, Cal.

The importance of the work to be performed by the fleet under your command, is such, that for its successful accomplishment, you will be compelled to employ your best efforts and devote your most careful attention to the work,requiring all officers under your command to adhere closely to the letter and spirit of your instructions.

It has been charged heretofore, that vessels of the patrol fleet, have not properly performed their duty in the matter of making search of sealing vessels fallen in with.

It is perhaps unnecessary to admonish you that a mere cursory or perfunctory search of the vessels boarded by your fleet, must be strictly forbidden, and that the search by the boarding officers must be thorough; in short he must not leave the boarded craft without being perfectly satisfied with his work. As the vessels engaged in fur sealing are, for the most part, small ones it would seem that any part of

such vessels that can be reached for the purpose of secreting contraband articles, can certainly be got at to discover them. Should you find a skin on board a vessel that bears satisfactory evidence of having been shot within the Bering Sea, you will seize the vessel. Your wide and long experience in this field of operations will enable you to render your work thoroughly effective, and as you will soon be, and for all of your cruise, far from lines of communication with the Department, you are invested with every power and authority consistent with the law in the premises. The search for skins, and the determination as to whether the animals were killed by spear or shot, is of equal importance with the discovery of fire-arms and the unlawful use of the same in Bering Sea, under the "Regulations governing vessels employed in fur-seal fishing during the season of 1895." Respectfully,

I have the honor to state that, as appears from a letter of the 11th instant from the Acting Secretary of the Treasury, the President has designated the revenue steamers Bear, Rush, Perry, Corwin, Grant, and Wolcott to cruise in the North Pacific Ocean and Bering Sea, including the waters of Alaska within the dominion of the United States, for the enforcement of the acts of Congress approved April 6 and 24 and June 5, 1894, giving effect to the award ren

dered by the tribunal of arbitration at Paris, for the preservation of fur seals and the issuance of regulations governing vessels employed in fur-seal fishing during the season of 1896.

In this relation your attention is respectfully called to Article I of the British order in council, dated April 30, 1894, as follows:

I. The commanding officer of any vessel belonging to the naval or revenue service of the United States of America, and appointed for the time being by the President of the United States for the purpose of carrying into effect the powers conferred by this article, the name of which vessel shall have been communicated by the President of the United States to Her Majesty as being a vessel so appointed as aforesaid, may, if duly commissioned and instructed by the President in that behalf, seize and detain any British vessel which has become liable to be forfeited to Her Majesty under the provisions of the recited act, and may bring her for adjudication before any such British court of admiralty as is referred to in section 103 of "the merchant shipping act, 1854" (which section is set out in the second schedule to the recited act), or may deliver her to any such British officer as is mentioned in the said section for the purpose of being dealt with pursuant to the recited act.

Asking that the foregoing information may be imparted to Her Majesty's Government,

I have, etc.,

RICHARD OLNEY.