DEBATES IN CONGRESS.

In the debate which took place in Congress upon the subject of the acquisition of Alaska, the value of the proposed purchase, and the nature of the interests and property proposed to be acquired were fully discussed.

The debate was protracted, and many leading Members spoke at length. To none of them did it occur to suggest the existence of an exclusive jurisdiction over any waters or fisheries distant more than 3 miles from land.

On the contrary, Mr. Sumner, who had charge of the measure in the Senate, after pointing out that seals were to be found on the "rocks and recesses" of the territory to be acquired, which would therefore make the acquisition more valuable, in touching upon the fisheries and marine animals found at sea, admitted that they were free to the world, contending, however, that the possession of the coast would give advantages to the United States fishermen for the outfitting of their vessels and the curing of their catch.

With reference to the whale fishery he remarked:

The Narwhal with his two long tusks of ivory, out of which was United States made the famous throne of the early Danish kings, belongs to the Senate, Ex. Doc. No. 177, 40th Frozen Ocean; but he, too, strays into the straits below. As no sea is Cong., 2nd Sess., now mare clausum, all these may be pursued by a ship under any p. 183. 101 flag, except directly on the coast and within its territorial limit. See Appendix, And yet it seems as if the possession of this coast as a commercial base must necessarily give to its people peculiar advantages in this pursuit.

Mr. Washburn, of Wisconsin, said:

vol. i, No. 6.

United States Congressional Debates,

from

But, sir, there has never been a day since Vitus Behring sighted that coast until the present when the people of all nations have not been allowed to fish there, and to cure fish so far as they can be cured in Congressional a country where they have only from forty-five to sixty pleasant days Globe," Decem in the whole year. England, whose relations with Russia are far less ber 11, 1867, 40th friendly than ours, has a treaty with that Government by which Cong., 2nd Sess., Part I, p. 138. British subjects are allowed to fish and cure fish on that coast. Nay, more, she has a treaty giving her subjects forever the free navigation of the rivers of Russian America, and making Sitka a free port to the commerce of Great Britain.

United States Congressional

In 1868 Mr. Ferriss spoke as follows: That extensive fishing banks exist in these northern seas is quite Debates, from certain; but what exclusive title do we get to them? They are said "Congression al to be far out at sea, and nowhere within 3 marine leagues of the islands

or main shore.

Mr. Peters, in the course of his speech, remarked:

I believe that all the evidence upon the subject proves the proposition of Alaska's worthlessness to be true. Of course, I would not deny that her cod fisheries, if she has them, would be somewhat valuable; but it seems doubtful if fish can find sun enough to be cured on her shores, and if even that is so, my friend from Wisconsin (Mr. Washburn) shows pretty conclusively that in existing treaties we had that right already.

Mr. Williams, in speaking of the value of the fisheries, said:

Globe,

July 1,

1868, 40th Cong.,

2nd Sess., Part IV, p. 3667.

And now as to the fishes, which may be called, I suppose, the United States argumentum piscatorium. Or is it the larger tenants of the Congressional Debates, from ocean, the more gigantic game, from the whale, and seal, and walrus, Appendix to down to the halibut and cod, of which it is intended to open the pur- "Congressional suit to the adventurous fishermen of the Atlantic coast, who are there Globe," July 9, already in a domain that is free to all? My venerable colleague (Mr. 1868, 40th Cong., Stevens), who discourses as though he were a true brother of the angle V, p. 490. himself, finds the foundations of this great Republic like those of See also AlasVenice and Genoa among the fishermen. Beautiful as it shows above, ka, p. 670.

2nd Sess., Part

like the fabled mermaid-"desinit in piscem mulier formosa superne,"
it ends, according to him, as does the Alaska argument itself, in nothing
but a fish at last. But the resources of the Atlantic are now,
he says,
exhausted. The Falkland Islands are now only a resting place in our
maritime career, and American liberty can no longer live except
102 by giving to its founders a wider range upon a vaster sea.
Think of it, he exclaims-I do not quote his precise language-
what a burning shame is it not to us that we have not a spot of earth
in all that watery domain, on which to refit a mast or sail, or dry a
net or fish?-forgetting, all the while, that we have the range of those
seas without the leave of anybody; that the privilege of landing any-
where was just as readily attainable, if wanted, as that of hunting on
the territory by the British; and, above all, that according to the
official Report of Captain Howard, no fishing bank has been discovered
within the Russian latitudes.

It is therefore established

That Russia's rights "as to jurisdiction and as to the seal fisheries in Behring Sea," referred to in Point 4 of Article VI of the Treaty of 1892, were such only as were hers according to international law, by reason of her right to the possession of the shores of Behring Sea and the islands therein.

That the Treaty of Cession does not purport either expressly or by implication to convey any dominion in the waters of Behring Sea, other than in the territorial waters which would pass according to international law and the practice of nations as appurtenant to any territory conveyed.

That no dominion in the waters of Behring Sea other than in territorial waters thereof did, in fact, pass to the United States by the Treaty of 1867.

HEAD (F).—The Action of the United States and Russia from 1867 to 1886.

When, in consequence of the cession of Alaska as a whole, the Russians relinquished their sovereignty over the Pribiloff (or "Seal ") Islands in 1867, sealers at once landed on the breeding resorts of the fur seal on these Increased islands. Those who came from the New England States slaughter of seals. found themselves confronted by competitors from the SandElliott, Census wich Islands. They proceeded to slaughter seals upon the R., Ex. Doc. No. breeding grounds in the manner which had usually been 2nd Sess., pp. 87. practiced by sealers on grounds where no Regulations were 88. Ibid., p. 70. in force.

Report, p. 25. H.

3883, 50th Cong.,

In the year 1868, at least 240,000 seals are reported to have been taken, and 87,000 in the following year. In view of this wholesale destruction of seals, the United States Government decided, in the exercise of their undoubted right of territorial sovereignty, to lease these seal rookeries, and to re-establish by means of the necessary legislation, the lapsed Russian Regulations which had restricted the killing of the fur seal.

ACT OF JULY 27, 1868. KILLING OF SEALS PROHIBITED. Accordingly, on the 27th July, 1868, an Act passed the Congress of the United States, entitled "An act to extend the Laws of the United States relating to Customs and Navigation over the territory ceded to the United States by Russia, to establish a Collection District therein, and for other purposes," of which section 6 provides:

That it shall be unlawful for any person or persons to kill any otter, mink, marten, sable, or fur seal, or other fur-bearing animal within the limits of said territory, or in the waters thereof.

On the 3rd of March, 1869, a Resolution was passed by Ibid., p. 348. the Senate and House of Representatives specially reserving for Government purposes the Islands of St. Paul and St. George, and forbidding any one to land or remain there without permission of the Secretary of the Treasury.

SECRETARY BOUTWELL'S REPORT.

No. 109.

Mr. Boutwell's Report, as Secretary of the Treasury, pre- 41st Cong., 2nd ceded an Act of the 1st July, 1870. This Report discloses Sess. Ex. Doc. no suggestion of jurisdiction at a greater distance than 3 miles from the shore line. With knowledge of the 104 raids upon the islands and the existence of sealhunting schooners, Mr. Boutwell dwelt upon the means of protecting the seal islands only. He recommended that the Government of the United States should itself undertake the management of the business of the islands, and should "exclude everybody but its own servants and agents and subject vessels that touch there to forfeiture, except when they are driven to seek shelter or for necessary repairs."

ACT OF JULY, 1870.

On the 1st of July, 1870, an Act was passed entitled, See Blue Book, "An Act to prevent the extermination of Fur-bearing Animals in Alaska," from which the following are extracts:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that it shall be unlawful to kill any fur seal upon the islands of St. Paul and St. George, or in the waters adjacent thereto, except during the months of June, July, September, and October in each year; and it shall be unlawful to kill such seals at any time by the use of fire-arms, or use other means tending to drive the seals away from said islands.

Section 2. And be it further enacted, that it shall be unlawful to kill any female seal, or any seal less than one year old, at any season of the year, except as above provided; and it shall also be unlawful to kill any seal in the waters adjacent to said islands, or on the beaches, cliffs, or rocks where they haul up from the sea to remain.

United

States,

No. 2, 1890, p. 12. See Appendix, vol. iii.

Section 4. And be it further enacted, that immediately after the passage of this Act, the Secretary of the Treasury shall lease, for the rental mentioned in section 6 of this Act for a term of twenty

years, from the 1st day of May, 1870, the right to engage in the business of taking fur seals on the Islands of St. Paul and St. George, and to send a vessel or vessels to said islands for the skins of such seals.

vol. i, No. 7.

Section 5. And be it further enacted, that

any person who
shall kill any fur seal on either of said islands, or in the waters adjacent
thereto
without authority of the lessees thereof. . . shall
be deemed guilty of a misdemeanour.

LEASE OF ALASKA COMMERCIAL COMPANY.

In the year 1870, a lease was executed on behalf of the See Appendix, United States Government in favour of the Alaska Commercial Company, as provided for in this Act. It covered the Islands of St. George and St. Paul only.

INSTRUCTIONS TO UNITED STATES OFFICIALS.

The following instructions from the Treasury Department show that the administration confined the interference of their officers to those seal-hunters only who attempted landing upon the islands:

105

TREASURY DEPARTMENT,
September 10, 1870.

H. R., 44th The following Executive Order, relating to the importation of arms
Cong., 1st Sess., into the Islands of St. Paul and St. George, within the district of
Ex, Doc. No. 83, Alaska, is published for the information of officers of the Customs:

p. 30.

EXECUTIVE MANSION, Washington, D. C., September 9, 1870. So much of Executive Order of the 4th February, 1870, as prohibits the importation and use of fire-arms and ammunition into and within the Islands of St. Paul and St. George, Alaska, is hereby modified so as to permit the Alaska Commercial Company to take a limited quantity of fire-arms and ammunition to said islands, subject to the direction of the revenue officers there and such regulations as the Secretary of the Treasury may prescribe.

U. S. GRANT, President.

The instructions issued by this Department in its Circular of the 8th February, 1870, are accordingly modified so as to adjust them to the above Order.

Revenue officers will, however, see that the privilege granted to the said Company is not abused; that no fire-arms of any kind are ever used by said Company in the killing of seals or other fur-bearing animals, on or near said islands, or near the haunts of seals or seaotters in the district, nor for any purpose whatever, during the months of June, July, August, September, and October of each year, nor after the arrival of seals in the spring or before their departure in the fall, excepting for necessary protection and defence against marauders or public enemies who may unlawfully attempt to land upon the islands. In all other respects, the instructions of the 8th February, 1870, will remain in force.

WM. A. RICHARDSON,
Acting Secretary.

TREASURY DEPARTMENT,
Washington, D. C., September 19, 1870.

H. R., 44th SIR: I inclose herewith a copy of a letter, dated the 17th instant, Cong., 1st Sess., from N. L. Jeffries, attorney for the Alaska Commercial Company, Ex. Doc. No. 83, reciting that a notice recently appeared in the "Alta California" pp. 32-34. newspaper, published in your city, of the intended sailing of the schooner "Mary Zephyr" for the Islands of St. Paul and St. George. By the 4th Section of the Act of the 1st July, 1870, entitled "An Act to prevent the Extermination of Fur-bearing Animals in Alaska," it is provided that the Secretary of the Treasury, immediately after the passage of said Act, shall lease to proper and responsible parties, &c., &c., the right to engage in the business of taking fur seals on the Islands of St. Paul and St. George, and to send a vessel or vessels to said islands for the skins of such seals, &c.

This lease has been awarded to the Company above named 106 for the term of twenty years, a copy of which is herewith inclosed; and the request of General Jeffries that an official announcement be made of the award of said lease, and that no vessels except those of the Government and of said Company will be allowed to touch or land at either of said islands, may be complied with, and you will please cause such notice to be published in one or more of the San Francisco newspapers, at the expense of said Company.

I am, &c.,

SIR: I have the honour to acknowledge the receipt of your letter of the 19th instant, relative to the published notice of the sailing of the schooner "Mary Zephyr" for the Islands of St. Paul and St. George, in Alaska. On seeing the advertisement in the "Alta,” written notice was immediately sent to the parties interested, that no vessel would be permitted to land at said islands. I have caused a notice, as suggested by the honourable Secretary, to be published. Please find a copy of the notice inclosed.

In compliance with an order of the honourable Secretary of the Treasury, notice is hereby given that a lease of the Islands of St. Paul and St. George, in the Territory of Alaska, has been executed by the Secretary of the Treasury to the Alaska Commercial Company for the period of twenty years from the 1st day of May, 1870, in accordance with the provisions of an Act of Congress entitled "An Act to prevent the Extermination of Fur-bearing Animals in Alaska," approved the 1st July, 1870, and that, by the terms of said lease and the abovementioned Act, the said Company have the exclusive right to engage in the business of taking fur seals on said islands and the islands adjacent thereto. No vessels, other than those belonging to said Alaska Commercial Company or to the United States, will be permitted to touch or land at either of said islands or the islands adjacent thereto, nor will any person be allowed thereon except the authorized agents of the United States and of said Company.

(Signed)

T. G. PHELPS,

Collector of Customs.

CUSTOM-HOUSE, SAN FRANCISCO, CALIFORNIA,
Collector's Office, September 28, 1870.

107

When the above-mentioned legislation was enacted,
Mr. Boutwell, as already stated, was Secretary of the

United States Treasury.

OPINION OF UNITED STATES GOVERNMENT IN 1872 AS TO JURIS

DICTION.

Sess., Senate Ex.

The following correspondence between Mr. T. G. Phelps 50th Cong., 2nd and Mr. Boutwell shows the position assumed in 1872 by Doc. No. 106, pp. the Treasury Department in relation to the extent of juris. 139, 140. diction of the United States in Alaskan waters:

S. Ex. 177, pt 4-6