tainly manifest a friendly desire on their part to co-operate with your Government and that of Russia in the protection of their rookeries and in the prevention of any violation of the laws applicable thereto. I have the honor to inclose the draught of a preliminary convention which I have prepared, providing for the appointment of a mixed commission who are to report on certain specified questions within two years. The draught embodies the temporary regulations above described together with other clauses which appear to me necessary to give proper effect to them.*

Although I believe that it would be sufficient during the "migration periods" to prevent all sealing within a specified distance from the passes of the Aleutian Islands I have out of a deference to your views and to the wishes of the Russian minister, adopted the fishery line described in Article V, and which was suggested by you at the outset of our negotiation. The draught, of course, contemplates the conclusion of a further convention after full examination of the report of the mixed commission. It also makes provision for the ultimate settlement by arbitration of any differences which the report of the commission may still fail to adjust, whereby the important element of finality is secured, and in order to give to the proposed arrangement the widest international basis, the draught provides that the other powers shall be in. vited to accede to it.

The above proposals are, of course, submitted ad referendum, and it only now remains for me to commend them to your favorable consideration and to that of the Russian minister. They have been framed by me in a spirit of justice and conciliation, and with the most earnest desire to terminate the controversy in a manner honorable to all parties and worthy of the three great nations concerned.

I have, etc.,

JULIAN PAUNCEFOTE.

[Inclosure 1.]

THE NORTH AMERICAN SEAL FISHERY CONVENTION.

TITLE.

Convention between Great Britain, Russia, and the United States of America in relation to the fur-seal fishery in the Behring Sea, the Sea of Ochotsk, and the adjoining waters.

PREAMBLE.

The Governments of Russia and of the United States having represented to the Government of Great Britain the urgency of regulating by means of an international agreement the fur seal fishery in Behring Sea, the Sea of Ochotsk, and the adjoining waters, for the preservation of the fur-seal species in the North Pacific Ocean; and differences of opinion having arisen as to the necessity for the proposed agreement, in consequence whereof the three Governments have resolved to institute a full inquiry into the subject, and, pending the result of such inquiry, to adopt temporary measures for the restriction of the killing of seals during the breeding season, without prejudice to the ultimate decision of the questions in difference in relation to the said fishery.

The said three Governments have appointed as their respective plenipotentiaries, to wit:

Who, after having exchanged their full powers which were found to be in good and due form, have agreed upon the following articles:

ARTICLE I.

MIXED COMMISSION OF EXPERTS TO BE APPOINTED.

The High Contracting Parties agree to appoint a mixed commission of experts who shall inquire fully into the subject and report to the High Contracting Parties within two years from the date of this convention, the result of their investigations together with their opinions and recommendations on the following questions:

(1) Whether regulations properly enforced upon the breeding islands (Robin Island in the Sea of Ochotsk and the Commander Islands and the Pribylov Islands in the Behring Sea) and in the territorial waters surrounding those islands are sufficient for the preservation of the furseal species?

(2) If not, how far from the islands is it necessary that such regulations should be enforced in order to preserve the species?

(3) In either of the above cases what should such regulations provide?

(4) If a close season is required on the breeding islands and territorial waters, what months should it embrace?

(5) If a close season is necessary outside of the breeding islands as well, what extent of waters and what period or periods should it embrace?

ARTICLE II.

ON RECEIPT OF REPORT OF COMMISSION QUESTION OF INTERNATIONAL REGULATIONS TO BE FORTHWITH DETERMINED.

On receipt of the report of the Commission and of any separate reports which may be made by individual commissioners, the High Contracting Parties will proceed forthwith to determine what international regulations, if any, are necessary for the purpose aforesaid, and any regulations so agreed upon shall be embodied in a further Convention to which the accession of the other powers shall be invited.

ARTICLE III.

ARBITRATION.

In case the High Contracting Parties should be unable to agree upon the regulations to be adopted, the questions in difference shall be referred to the arbitration of an impartial government, who shall duly consider the reports hereinbefore mentioned, and whose award shall be final and shall determine the conditions of the further Convention.

ARTICLE IV.

PROVISIONAL REGULATIONS.

Pending the report of the Commission and for six months after the date of such report, the High Contracting Parties agree to adopt and put in force as a temporary measure and without prejudice to the ultimate decision of any of the questions in difference in relation to the said fishery, the regulations contained in the next following articles Nos. 5 to 10 inclusive.

ARTICLE V.

SEAL FISHERY LINE.

A line of demarcation to be called the "seal fishery line" shall be drawn as follows:

From Point Anival at the southern extremity of the Island of Saghalien in the Sea of Ochotsk to the point of intersection of the 50th parallel of north latitude with the 160th meridian of longitude east from Greenwich, thence eastward along the said 50th parallel to its point of intersection with the 160th meridian of longitude west from Greenwich. ARTICLE VI.

CLOSE TIME.

The subjects and citizens of the High Contracting Parties shall be prohibited from engaging in the fur-seal fishery and the taking of seals by land or sea north of the seal fishery line from the 1st of May to the 30th of June, and also from the 1st of October to the 30th of December.

ARTICLE VII.

PREVENTION OF MARAUDERS.

During the intervening period in order more effectively to prevent the surreptitious landing of marauders on the said breeding islands, vessels engaged in the fur-seal fishery and belonging to the subjects and citizens of the high contracting parties, shall be prohibited from approaching the said islands within a radius of ten miles.

ARTICLE VIII.

FURTHER PROVISIONAL REGULATIONS.

The high contracting parties may, pending the report of the commission, and on its recommendation or otherwise, make such further temporary regulations as may be deemed by them expedient for better carrying out the provisions of this convention and the purposes thereof.

ARTICLE IX.

PENALTY FOR VIOLATION OF PROVISIONAL REGULATIONS.

Every vessel which shall be found engaged in the fur-seal fishery contrary to the prohibitions provided for in articles 6 and 7, or in violation of any regulation made under article 8, shall, together with her apparel, equipment, and contents, be liable to forfeiture and confiscation, and the master and crew of such vessel, and every person belonging thereto, shall be liable to fine and imprisonment.

ARTICLE X.

SEIZURE FOR BREACH OF PROVISIONAL REGULATIONS.

TRIAL OF OFFENCES.

Every such offending vessel or person may be seized and detained by the naval or other duly commissioned officers of any of the high contracting parties, but they shall be handed over as soon as practicable

to the authorities of the nation to which they respectively belong, who shall alone have jurisdiction to try the offence and impose the penalties for the same. The witnesses and proofs necessary to establish the offence shall also be sent with them and the court adjudicating upon the case may order such portion of the fines imposed or of the proceeds of the condemned vessel to be applied in payment of the expenses occasioned thereby.

RATIFICATION.

ARTICLE XI.

COMMENCEMENT AND DURATION OF CONVENTION.

This convention shall be ratified and the ratifications shall be exchanged at in six months from the date thereof or sooner if possi ble. It shall take effect on such day as shall be agreed upon by the high contracting parties, and shall remain in force until the expiration of six months after the date of the report of the commission of experts to be appointed under Article I; but its duration may be extended by consent.

ARTICLE XII.

ACCESSION OF OTHER POWERS.

The high contracting parties agree to invite the accession of the other powers to the present convention.

[Inclosure 2.]

[Extract from pamphlet entitled "Fur Seal Fisheries of the Pacific Coast and Alaska," published by C. D. Ladd, 529 Kearny street, San Francisco, California.]

It is claimed that many seals are shot that sink and are lost. Undoubtedly there are some lost in this way, but the percentage is light-probably one in thirty or forty, not more than this. It is also claimed that ten are shot and wounded that die to one that is secured. This is also an error. Many seals are shot at that are not hit at all, but when a seal is wounded so that in the end it will die, it is most always secured by the hunter, who may have to shoot at it several times in order to get it, as the seal in the water exposes only its head, and when frightened exposes only a small portion of that, so that together with the constant diving of the seal, the motion of the boat, etc., makes it very hard to hit. This is where it is claimed that ten are shot and wounded to one that is secured; but it is nearer the truth that one is lost to ten that are secured, for the reason that when a seal is wounded it can not remain under water any length of time and therefore the hunter can easily follow it up and secure it.

THOMAS HOWE.

In 1886, on board the Theresa and Pathfinder, I got for the season 397 seals and lost about 20. In 1887, on the schooner Penelope, I got 510 and lost about 30. In 1888, on the Lily Lad, I got 316 and lost 12. In 1889, on board the Viva, I got 587 and lost 27. THOMAS HOWE.

FREDERICK GILBERT.

I am a seal hunter. I have been four years on board sealing vessels; one year I was a boat rower and three years a hunter. I have always been with white hunters, and have used the shot-gun and rifle for shooting seals.

In 1887 I got 518 seals and lost 14; in 1888 I got 244 and lost 5; in 1889 I got 454 and lost 16; or in the three years I got 1,216 and lost 35, or 2 per cent. I never shot or saw pups with the cows in the water, nor have I ever heard of such a case. Some hunters lose a few more than I do, but the most unlucky hunters I have met with did not lose twice as many.

VICTORIA, BRITISH COLUMBIA, September 12, 1889.

FRED. GILBERT.

CAPT. WILLIAM O'LEARY.

I am a master mariner, and have been seal hunting on the Pacific coast four years, three of which I was in Behring's Sea as well. One year I had Indian hunters only, and the three years I had white hunters only-all on the schooner Pathfinder. My experience with Indian hunters is that they lose none-at most a few-of the seals they spear. The spears are bearded," some with one, some with two beards, and once the seal is struck, capture is certain.

White hunters use shot-guns and rifles, according to distance and state of water. On smooth water and at long ranges the rifle is generally used, but the majority of hunters use the shot-gun, and the great majority of seals are shot with guns.

The number of seals lost by white hunters does not exceed six in one hundred, and many hunters lose much less than that number. About half of the seals taken along the coast are cows, and perhaps two-thirds of the cows are with young. Putting a vessel's catch at four hundred, and from one hundred and fifty to one hundred and seventy-five might be cows with young. In Behring's Sea the average of cows with young killed will not average one in one hundred, for the reason that as soon as the cows reach the sea they go to the breeding islands, where their young are born.

I never saw cows in the water with their young with them. I do not think there is any decrease in the number of seal entering Bebring's Sea. I never saw so many seal along the coast as there were this year; and in Behring's Sea they were more numerous than I ever saw before. This year I shot torty-four seals and lost

one.

VICTORIA, BRITISH COLUMBIA, September 12, 1889.

WM. O'LEARY.

CAPTAIN SIEWARD.

I have been a master sealer for two years. In 1888 I commanded the Araunah and in 1883 the Walter L. Rich, and during both years sealed along the coast from off Point Northward to Behring's Sea. In 1888 I had Indian hunters and this year white hunters. The Indians lose very few seals, for if the spear strike the seal is got, and if the spear misses the seal of course escapes unhurt. The white hunters use rifles and shot-guns, the latter much more than the former. Rifles are used only by good shots, and then at only long range. The seals lost by white hunters after being shot or wounded do not, on the lower coast, exceed six in one hundred, and on the Alaska coast and in the Behring's Sea not over four in one hundred.

On sailing I generally take ten per cent. additional ammunition for waste shot; that is, if calculating on a catch of 3,000 seals I would take ammunition for 3,300 shots. That was double the excess the hunters would consider necessary and I never knew that percentage of waste shot to be used. I never saw a female seal with her young beside her in the water. Out of catch of 1,423 seals this year I had only 55 seals under two years old, i. e. between one and two years old.

When at Ounalaska this year I learned that the Alaska Commercial Company last year fitted out two small schooners, belonging to private parties, with large deep nets several hundred fathoms long, which were set across the passes from Behring's Sea for the purpose of catching young seals. One of these schooners got 700 of these young seals about four months old, and sold them to the Alaska Commercial Company at $2.50 apiece.

A schooner, the Spencer F. Baird, 10 or 12 tons, was then at Ounalaska fitting up to go to Akoutan Pass for the same purpose this fall. The law forbids the killing of all fur-bearing animals in Alaskan waters by any hunters except the natives, yet such is done every year at Kodiak, Sanaka, and the Aleutian Islands by white hunters, fitted out by the Alaska Commercial Company, under the agreement that the furs must be sold to the company.

H. F. SIEWARD, Master American Schooner Walter L. Rich.

VICTORIA, BRITISH COLUMBIA, August 10, 1889.

GEORGE HOWE.

My first year's sealing, 1886, was on board the Theresa, from San Francisco to Victoria. We left San Francisco on the 20th January, and arrived at Victoria on the 7th April. I got 159 seals, of which I lost about 7. I used a shot-gun principally, the rifle only for long range shooting, say from 30 to 60 yards. At Victoria I left the Theresa and joined the Pathfinder. The Pathfinder left Victoria on the 4th of May for Behring's Sea, and that trip I got 442 seals and lost about 20. In 1887 I joined the Penelope and left Victoria on the 3d February. I got 618 seals during the season and lost 31. In 1888 I did not go sealing, but in 1889 I was engaged on the schooner Viva. We left