PAPERS RELATING TO THE CASE OF LORD SACKVILLE-Continued.
Mr. Bayard to Mr. Phelps.. Nov. 20
Mr. Phelps to Mr. Bayard Dec. 1 (No. 858).
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Lord Sackville's interviews with newspaper re
porters held in Washington, and telegraphed
to other places; the number of reporters un-
known; newspaper accounts previously sent;
no contradiction or retraction by Lord Sack-
ville; wide-spread publication of interviews.
Extract from the "Times" containing question
asked in the House of Commons, and answer of
Sir James Fergusson, with respect to the ap-
pointment of a new minister to Washington,
and a leader from the Daily News inclosed.
5 Copy of note to Lord Salisbury concerning the
dismissal of Lord Sackville, and covering pa-
pers connected therewith, inclosed.
Lord Salisbury informed that his note has been
transmitted to the Department for its consider-
ation, leaving it open to the Department to
reply; the obligation of a Government to
withdraw its minister at the request of the
Government to which he is accredited stated
simply to Lord Salisbury, without supporting
argument; note from Lord Salisbury inclosed.
Official correspondence of the British Govern-
ment and article in the Morning Post inclosed.
Extracts from the Times and Daily News in re-
gard to the official published correspondence
inclosed.
16 Same to same (No. 893)..
17 Same to same (901)........
18 Mr. Bayard to Mr. Phelps Jan. 30 (No. 1054).
Agrees that the principle involved is more im-
portant than the particular case; desires not
to discuss the sufficiency, but give the reasons
for Lord Sackville's dismissal to his Government
in a friendly way; Lord Sackville's offense in-
terference in domestic politics; the Murchison
letter and reply considered; the character of
Lord Sackville's act not affected by the motive
of his correspondent, and he aware that his let-
ter would be shown to others; the correspond-
ence not only interfering in domestic affairs,
but impugning the motives of the President;
the situation made worse by subsequent news-
paper interviews, not publicly denied; Lord
Sackville's excuse for not doing so;
his pri-
vate letter of denial not co-extensive with the
language used, and appearing to make a per-
sonal issue, which can not be accepted; the
President's motives again impugned in his let-
ter to Lord Salisbury; the principle governing
the recall and dismissal of ministers, and Lord
Salisbury's position considered; case of Lord
Stratford against it; Sir H. Bulwer's case not a
parallel with the present; objection personal
to Lord Sackville; the present issue not
whether reason should be given for asking re-
call of a minister, but whether, when inter-
ference in domestic affairs has been alleged, the
minister's Government has a right to decide his
culpability; the Department's position is, as laid
down by Calvo, that a minister should be re-
called at request; no need to give reasons; if
the offense be grave he may be dismissed, and
also if not recalled at request; Lord Salis.
bury's position inconsistent with national inde-
pendence; the nature of a minister; his dis
missal not a cause of war; regret of the Pres-
ident at the incident.
British official publication, United States, No. 4
(1888).
PAPERS RELATING TO THE TREATY OF EXTRADITION, SIGNED JUNE 25, 1886, BY THE PLENIPOTENTIARIES OF THE UNITED STATES AND GREAT BRITAIN.
1 Mr. Phelps to Mr. Bayard Nov. 23 Interview with Lord Salisbury for the purpose of (No. 143).
2 Same to same (No. 307)...... June 26
renewing the negotiations; engaged in the mean-
while in reviewing the draught; objections to it
submitted before taking ground on it with the
British Government; objections to allowing ex-
tradition for the following grounds enumerated
in the draft; in Article II for obtaining goods or
money of $50 value by false pretenses; in Article
II, receiving goods, etc, of $50 value, knowing
them to have been obtained by false pretenses;
in Article III, abduction and kidnapping; in Ar-
ticle IV, "for participation in any of the afore-
said crimes," etc.; objections to the following
provisions: In Article III, that "neither govern-
ment shall be required to grant extradition for
an offense of which, as it is stated or described
in the demand for extradition, it has jurisdic-
tion;" in Article VII, that a fugitive, when ex-
tradited, may be tried for any previous offense
enumerated in Article II; in Article VIII, that
an indictment shall be prima facie sufficient evi-
dence for extradition, subject to rebuttal. De-
lays will result from subordinate parts of the
proposed treaty; submits a proposition to ex-
tend the treaty of 1842; the extension favored
by Lord Salisbury, and can be immediately ef-
fected; arguments in favor of a concise treaty
of extradition and against a too much elaborated
one; proposed convention supplemental to the
treaty of 1842 inclosed.
The convention extending the provisions of the
treaty of 1842, relating to extradition, signed;
the convention substantially as approved, and
so not submitted, to avoid delay; unobjection-
able, but unnecessary clauses added; (1) ex-
tradition is made to extend to persons con-
victed; (2) four crimes added to the seven speci-
fied by treaty of 1842; other crimes, which should
have been added, would have made agreement
difficult; (3) the restriction of the application
of the convention, as regards the added crimes,
to those subsequently committed, usual; (4) no
extradition for political offenses an established
rule, and a provision to that effect unnecessary
but harmless; (5) the clause allowing trial only
for the offense named in the extradition papers,
until opportunity to return has been given, ap-
proved by the Department, and necessary by act
of Parliament; (6) Article VII superfluous, but
harmless; only expressing the law that would
any way apply; the convention understood by
both parties not to prevent the negotiation of
a more elaborate treaty; such a treaty not ad-
visable; the convention and treaty of 1842 suffi
cient; copy of the convention inclosed.
PAPERS RELATING TO THE SEIZURE OF BRITISH SEALING VESSELS IN BEHRING
PAPERS RELATING TO THE SEIZURE OF BRITISH SEALING-VESSELS IN BEHRING SEA-Continued.
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Seizure of the Carolena, Onward, and Thornton,
by United States revenue officers: Report on,
awaited; further details received, and the case
to be presented to the United States Govern-
ment; the schooners seized in the open sea, 60
miles from shore; the crew of two turned
adrift at San Francisco, that of the third, the
seal skins and schooners kept at Oonalaska;
account as published in the Alaskan; sove-
reignty over all Behring Sea east of the westerly
boundary of Alaska apparently claimed by the
United States, and British vessels seized in
support of it; the seizure a violation of inter-
national law; Mr. Bayard to be acquainted
with these facts and requested, if they be cor-
rect, that reparation be made for the seizure
and consequent losses.
Seizure of the Carolena, Onward, and Thornton :
Delay owing to non-receipt of information from
the Treasury Department; still awaiting re-
port of the trial and judgment; will send it
when received; communications acknowledged.
Seizure of the Carolena, Onward, and Thornton:
Vessels preparing for seal fishing; desires to
know if they will be seized for fishing outside
the territorial waters of Alaska, and that as-
surance be given that they will not, pending
settlement of the question.
Seizure of the Carolena, Onward, and Thornton :
Instructed to again bring the matter to Mr. Bay-
ard's attention; previous correspondence; the
vessels seized 60 miles from shore; the masters
of the seized vessels imprisoned and fined;
this a violation of international law; if these
facts are true, reparation expected; hopes the
cause of delay has been removed.
Seizure of the Carolena, Onward, and Thornton:
Information asked of the Attorney-General as
soon as requested by Sir Lionel; telegram sent
to Portland to expedite matters; the circum.
stances of the seizure not known, but must be
devoid of uncertainty; no avoidance of inter-
national obligation need be apprehended.
Seizure of the Carolena, Onward, and Thornton:
Requests to know if papers in regard to, have
been received.
Seizure of the Carolena, Onward, and Thornton :
Papers expected in a fortnight; discontinuance
of all pending proceedings, and release of the
vessels and prisoners ordered by the President,
without conclusion of any questions involved
in the seizures.
Seizure of the Carolena, Onward, and Thornton:
Acknowledges Mr. Bayard's note of February 3.
Seizure of the Carolena, Onward, and Thornton:
Requests to know if seal schooners will be mo-
lested when not near land, and if the papers
relating to the trial of those seized have been
received.
Seizure of the Carolena, Onward, and Thornton by
United States revenue officers: The records of
the trial under examination at the Department;
the framing of regulations governing the seal
fisheries delayed by their remoteness and special
peculiarities; United States laws on the sub-
ject in Revised Statutes, sections 1956-1971, in
force for seventeen years, and but one violation;
regulations to prevent killing of seals will be
communicated when determined on; sections
1956-1971, Revised Statutes, inclosed.
PAPERS RELATING TO THE SEIZURE OF BRITISH SEALING-VESSELS IN BEHRING SEA-Continued.
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Seizure of the British sealing schooners Grace,
Dolphin, and W. P. Sayward by United States
revenue officers, far from Sitka, reported by the
British commander-in-chief, and also that sev-
eral others were seen being towed in; the un-
derstanding of the British Government, from
Mr. Bayard's note of February 3, was that pend-
ing the settlement of the question no seizure
would be made.
Seizure of the Grace, Dolphin, and W. P. Sayward:
No promise in the note of February 3 that pend-
ing a settlement no seizures would be made;
no information on the subject; note of Febru
ary 3 had reference to previous seizures; will
ascertain whether the circumstances of the last
seizures will admit of their being released.
Seizure of the Carolena, Onward, and Thornton by
United States revenue officers: Summary of
previous instructions and correspondence of Sir
Lionel with Mr. Bayard; Mr. Bayard under-
stood to say there would be no more seizures
pending a settlement; subsequent seizures re-
ported; no justification for the condemnation
of the three vessels; they were seized outside
the limit of maritime jurisdiction; the claim of
Russia to jurisdiction over Behring Sea not ac-
knowledged by England or the United States,
and therefore no right over it was received by
the United States with the purchase of Alaska;
England not affected by agreements of the
United States with Russia; the position of the
United States in regard to the claim of Russian
jurisdiction shown by their official correspond-
ence with the Russian minister; this dispatch to
be communicated to Mr. Bayard; compensa-
tion to the crews and owners of the vessels ex-
pected.
Seizure of the Carolena, Onward, and Thornton
by United States revenue officers: The schoon.
ers not released; reason desired.
Seizure of the Alfred Adams: The Adams boarded
by United States revenue officers, the skins and
arms on board confiscated, and a letter given
the captain to be delivered to the United States
marshal at Sitka, but which he sent to Lord
Landsdowne; the envelope worn through dur
ing transmission; the letter inclosed.
Seizure of the Alfred Adams: Transmits the
British minister's note of October 4.
Seizure of the Carolena, Onward, and Thornton:
Transmits note of Sir Lionel West, complain.
ing that they have not been released; informa-
tion requested.
Seizure of the Carolena, Onward, and Thornton
by United States revenue officers: Awaiting an
answer from the Attorney-General in regard to
delay in releasing the vessels; the delay not
due to the Government.
Seizure of the Grace, Dolphin, and W. P. Sayward:
The release of the vessels requested, reserving
the question of compensation; deposition of the
Sayward's mate that no seals had been taken in
Bebring Sea inclosed.
Seizure of the Carolena, Onward, and Thornton:
First telegram directing their release thought
not genuine by the marshal and not obeyed;
a second sent.
Seizure of the Carolena, Onward, and Thornton :
The first telegram directing their release
through mistake not obeyed; a second sent;
regret that the delay was due to officials of the
Government.
Seizure of the Grace, Dolphin, and W. P. Sayward:
Note requesting their release received; the
facts stated in the inclosed deposition will be
investigated.
PAPERS RELATING TO THE SEIZURE OF BRITISH SEALING-VESSELS IN BEHRING SEA-Continued.
32 Mr. Garland to Mr. Bayard. Mar. 9
33 Sir L. S. Sackville West to Mr. Bayard.
34 Mr. Bavard to Sir L. S. Sackville West.
35 Sir L. S. Sackville West to Mr. Bayard.
37 Mr. Bavard to Sir L. S. Sackville West.
38 Sir L. S. Sackville West to Mr. Bayard.
40 Mr. Bayard to Sir L. S. Sack- May 28 ville West.
Seizure of the Carolena, Onward, and Thornton :
Surprised that they were not released; the
British minister informed.
Seizure of the Carolena, Onward, and Thornton:
Telegram directing their release sent before re-
ceipt of Mr. Bayard's letter; a letter sent since
to the marshal.
Seizure of the Alfred Adams, and the continua-
tion of such proceeding protested against.
Seizure of the Alfred Adams: Protest of the 19th
instant received.
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Seizure of the Carolena etc.: The bond indicated
in the memorandum can be given; doubtful at
first as to cases of forfeiture; the form of the
bond; memorandum inclosed."
Preservation of fur-seals: The Russian Govern.
ment communicated with in reference to the
proposed concerted action of the United States,
Great Britain, and Russia; this action not an
admission of the claims of the United States to
jurisdiction in Behring Sea, nor affecting claims
for compensation to the vessel seized.
Preservation of fur-seals: Acknowledges receipt
of Sir Lionel West's note of March 26.
Seizure of British vessels fishing in Behring Sea,
report that the United States has ordered; im-
portance of enabling the British Government
to contradict the report.
Claims for compensation to British schooners
seized and warned off by United States authori-
ties in Behring Sea just received; wishes to
know if the United States will agree to a mixed
commission to inquire into the right to com-
pensation, and amount.
Claims for compensation to vessels seized: The
cases in court, pending appeal; better to await
the decision of the appellate court.
Seizure of the Carolena, etc.: Proposes extension
of time for appealing the cases until diplomatic
negotiations for their settlement can be had, in
the failure of which, the legal remedy will not
be prejudiced; the skippers to be released on
security; this understood to have been done.
Seizure of the Carolena, etc.: Reply asked to the
above note of April 30.
Seizure of the Carolena, etc., interview re-
quested in the afternoon in regard to.
Seizure of the Carolena, etc.: Delay in answer-
ing note of the 30th ultimo, due to desire for ex-
planation of the word "skippers; " no "skip.
pers detained, but the proceedings in rem; an
extension of time for appeal favored, but not
within the power of the Executive; the prose-
cution will extend the time by agreement with
defendants as far as possible.
42 Sir L. S. Sackville West to May 28 Seizure of the Grace, Dolphin, Anna Beck, and
Mr. Bayard.
43 Mr. Bayard to Sir L. S. Sack- May 29 ville West.
44 Mr. Bayard to Mr. Garland. May 29
45 Mr. Garland to Mr. Bayard. May 31
Ada: The proctors of some of the vessels hav.
ing failed to appeal, the sentences have become
final; the right of release on bond has been lost,
and only diplomatic remedy left.
Seizure of the Grace, Dolphin, Anna Beck, and
Ada: Reply sent to notes of April 30 and May
25; note of 28th May received; regrets the fail.
ure to take appeal; will ask the Attorney-Gen-
eral what can be done.
Seizure of the Grace, Dolphin, Anna Beck, and
Ada: Incloses copy of the British minister's
note of 28th instant; can the decrees of condem-
nation be reviewed?
Seizure of the Grace, Dolphin, Anna Beck, and
Ada: No method known by which the decrees
of condemnation can be reviewed.
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