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I have now the honour to bring to your knowledge that, according to the information communicated to me by General Enghelm, Acting Governor of said province, the "Henrietta" was in fact seized and confiscated on the 17th (29th) August, in virtue of a decision of the Commission sitting ou board of the Imperial corvette "Kreysser," for the offence of illicit trading on our coasts.

Pray accept, &c.

A. VLANGALY.

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Mr. Lothrop to Mr. Bayard.-(Received March 7.)
LEGATION OF THE UNITED STATES,
St. Petersburgh, February 17, 1887.

SIR: I have the honour to transmit to you a translation of a communication received from the Imperial Foreign Office on the 1st February instant, relative to the seizure of the schooner "Eliza."

The Russian Government claims that she was seized and condemned under the provisions of an Order, or Regulation, which took effect at the beginning of 1882, and which absolutely prohibited every kind of trading, hunting, and fishing on the Russian Pacific coast without a special licence from the Governor-General.

It is not claimed that the "Eliza" was engaged in seal-fishing, but that she was found actually engaged in trading with the natives with the contraband articles of arms and strong liquors.

She was condemned by a Commission sitting on the Imperial corvette "Rasboïnik," composed of the officers thereof. In this respect the case is precisely like that of the "Henrietta," mentioned in my last preceding despatch No. 95, and of this date.

It will be noticed that Mr. Spooner, the owner of the "Eliza," in his statement of his claim, declares that the "Eliza " was "on a trading voyage, engaged in bartering with the natives, and catching walrus, and as such did not come under the Notice of the Russian Government, which was directed against the capture of seals on Copper, Robbins, and Behring Islands."

It will be seen that Mr. Spooner either refers to an Order of the Russian Government different from the one mentioned by the Imperial Foreign Office, or he understood the latter in a very different sense.

I may add that the Russian Code of Prize Law of 1869, Article 21, and now in force, limits the jurisdictional waters of Russia to 3 miles from the shore.

As stated in my previous despatch, I have asked for a copy of the Order or Regulation under which the "Henrietta" and "Eliza" were seized and condemned.

Very truly, &c.

(Signed)

GEO. V. N. LOTHROP.

[Inclosure in No. 19.-Translation.]

General Vlangaly to Mr. Lothrop.

MINISTRY OF FOREIGN AFFAIRS, ASIATIC DEPARTMENT,

January 19 (31), 1887.

MR. ENVOY: The Chief of the General Staff of the Navy has just transmitted to me the information which I had requested from that Department in consequence of the note that you addressed to me bearing date the 5th (17th) July, 1886, in regard to the incident of the seizure of the schooner "Eliza."

This information is in substance to the effect that the "Eliza" was confiscated not for the fact of seal-hunting, but by virtue of an Administrative Regulation prohib

iting, from the beginning of the year 1882, every kind of commercial act, of hunting, and of fishing on our coasts of the Pacific, without a special authorization from the Governor-General, and carrying with it, against those disregarding it, the penalty of the seizure of the ship as well as of the cargo.

During the years 1881-83, the widest means of publicity were employed in bringing this Regulation to the knowledge of the parties interested. It was published in the journals of Yokohama, posted up in all our Consulates of the Pacific, and communicated to the American Custom-house establishments.

The complainant cannot, therefore, plead ignorance of the prohibitory measures in question.

The crew of the "Eliza" was engaged not only hunting walrus on our coast of Kamtchatka, and in commercial transactions with the natives, but traded there with illicit articles such as arms and strong liquors.

The infringements of the printed Regulations are duly established by the open act and the confession of the captain, Austin Weston, who made no protest against the seizure of the vessel ordered under that head by the Commission sitting ad hoc on board the Imperial corvette "Rasboïnik."

The captain and his second officer besides acknowledge the offence charged against them of hunting and of trading in their depositions annexed to the Petition itself of Mr. Spooner and communicated to the Imperial Ministry by the Legation of the United States, under date of the 16th (28th) April.

In informing you of the foregoing circumstances, which demonstrate the entire legitimacy of the seizure of the "Eliza," I have no doubt, Mr. Envoy, that you will be led to conclude that the claim brought by the proprietor of that ship is without foundation.

And I avail myself, &c.

(Signed)

A. VLANGALY.

PART 3.

TREATIES BETWEEN THE UNITED STATES AND RUSSIA, AND GREAT BRITAIN AND RUSSIA: 1824, 1825, AND 1867.

No.

TABLE OF CONTENTS.

1. Convention between the United States and Russia, relative to the Pacific Ocean, and the North-Western Coast of America. Signed at St. Petersburgh, April 5 (17), 1824

2. Convention between Great Britain and Russia. February 16 (28), 1825........

3. Treaty between the United States and Russia. 30, 1867 (English version).

Signed at St. Petersburgh,

Signed at Washington, March

S. Ex. 177, pt. 4-32

497

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