The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-08-05
THE SEIZURE OF THE MARVIN
Her Owners Think They Have . Good De-
fence In FRO eeedIngs Agninst Mer.

fence In Proceedings AEHinst Her.
WASHINGTON. Aug. 4-The case ofthe schoon-
or +. b. Marvin. now in her homo port of Vic.
toria. Is likely to bring M some very Interests
ing points relating 10 the modus rirendi agree
ment and its execution.
Both the naval and the customs authorities
seem to be exceedingly cautious about taxing
the vessel Into custody although she was or
dered homo for the purpose. 1t will be remem-
bered that while at Sand Point. outside Of
Behrlng Sea. she was warned By an American
Government vessel not to enter tlnt sea- and n
COPY OF President Harrisons PROCLAMATION was
served upon her. Nevertheless on the 9th OF
July she pushed into tho forbidden waters. but
was orethnuled tho neat day ty tho vrilnut
Rush, which seized her AMI cruised with her
until she fell in with the British war ship
Nympie. TO whose custody she WAS int,usted
Commander Turner # that vessel told her 10
report under arrest to the Collector OF Victoria
This she did hut she found the Collector by no
means anxious 10 hold her.
According to the accounts. tho Collector said
he had no orders to proceed against the vessel
and that while her log took showed that she
was to ropor; to him, that did not seem 10 him
sufficient authority for taking further action
against her. Admiral lothian. commanding
tho squadron to which the Nymphs belongs
had more positive Niowe of the Collectors re-
sponsibility in the matter but was at the sa me
time anxious not to assume any on his own
part. The suggestion occurs that perhaps the
experience OF the British naval officer who
last year attempted 10 enforce tho NewiounI.
land modus rirenh by shutting M tho lobster
factories may have male other British officials
tlmid. As Capt. Walker found himself tho sub
!ect OF u lawsuit. which was decided against
him. SO the officials In the British Columbian
l, l,fN, haas
ACES for keeping the i. L. Marvin under ic.
s;raint without authority.
Fortunately the scaling schooner maniests
not he slightest disposition 10 tako advantage
Of this dilemma by trying to escape. In fact.
her owners are prepared 10 contest any legal
process for her confscaton or other unish-
ment: and this introduces another curious
point. Tho ground taken by the Marvin is.
thnt IN the cory ct the proclamation served
sr9n her II ,ss ire H. assss
signed to the orieinal document are William I.
Wharf on and nlinn launcefntc. Snlno OF the
christened William in this document Whether
The error was as gross as that remains to he
fence woul be offered unless some bunder of
the sort had been comri;tel. In the haste
were rushed through for e shsy sp
pa,Fr,sntly were not props,ly revised
as faulty ~ the alleged signatures. anI til a:
she was entill 10 20 on until q British war
vessel should serve proper notice upon her
She will sa, that the object Of her entering
Eehrnx Sea was 10 find out whether the al
legged agreement Ind actually received the Sig
nature OF the British Minister. or whether
this had hot been nut on prematurely
and without authority. and hence misspelled.
II will be interesting 10 see whether this plea
will hold 20 81. But perhaps the Marvin may
also contend that even with no defect in
the signature, sho was not bound by the notice.
Ths agreement In question says that Great
Prita'n and the nited States W i'll prohibit
seal killing' in u specified part OF Behring Sea.
and then adds that vessels or persons offend
ing against THIS prohibition may be seized by
the naval or other officers OF either nation.
But it does not gay that the mere presence OF
II vessel in lehring Sea is nm offence: and
nothing yet shows that the Marvin killed anv
scnis there. The Presidents proc amation is
agreement, may be fulfilled by the, United
states OF America and the citizens thereof.
| thus suggesting possibly that o like proclaim
ton from other sources might DO expected by
british citizens. The Marvin may perhaps
| claim that without being served with copy
| OF an order in council. or some similar docu-
| mentfrom British authorities. she conld no;
| determine eynctly what the latter would per-
! init or prohibit In Intervening the agreement.
| Such are aOme OF the curious points suggested
| 1T the outset by the seizure OF the Victoria
vessel.