The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-06-05

has received the following letter from
Secretary OF the Treasury Foster in regard
to the seizure of the Canadian tug Lorne
Tor towing in American waters, the own
ers of the tug having appealed for relief
from the fine imposed:
treasury DEPARTMENT,
WASHINGTON CRY, MAY q, 1884,
collector OF Customs, Port Townsend, Wash
sur: referring to your letter of the 25th ultimo,
l have to state that the department has given
iurtner consideration TO the petition OF Joan
owe Dunsmuir, stated to be resident of Vie
toria, b. c., and sole owner of the British steam
tug Lorne, for relief in the matter of the fine OF
sst4, imposed by you about the 18th ultimo.
Inc facts in regard TO the case are set forth in
the petition az follows: "That on the 18th
day OF April 1901, the steam tug Lorne was of the
STRAITS OF Juan de Fuca, about twelve miles west
northwest from Tatoosh lights, and outside the
jurisdiction OF the United States, and upon the
nigh seas: that the American ship Oriental,
peing then on her way from San Francisco.
port In the United States, to Tacoma, another
port in the United States, was at the time in
question, upon the high seas and beyond the
jurisdiction of the United States, at a
place OF Cape Flattery, and between
eight and nine miles westnorth west from
Tatoosh lights; that the American ship Oriental
signaled to the steam tug Lorne for a tow; that,
- OrSNAChSS w the slSnal, the btedm lug Lofuc
approached the ship Oriental, and then and
there made arrangements with the master OF the
oriental to tow the Oriental to the port OF Ia
coma, In the state of Washington within the
united States OF America; that the place at
which the steam tug Lorne took hold OF the
snip Oriental was upon the high seas, and at
least eight miles from land: that the ship
Oriental was towed thence by the Lorne through
the Straits of Juan de Fuca and Admiralty inlet;
that. After ba Straits nj n do Etrr
the towing was partly within foreign waters,
that is to say, 1t was partly In British waters,
being north OF the middle channel of the
Straits OF Juan de Fuca; that the Oriental was
towed by the Lorne directly to the port of Ia
coma; that thereafter, to wit, on the 18th day of
April, 1891, said steam tug Lorne had occasion to
enter the port of Port Angeles, in the state of
Washington, and, while there, was seized by the
government of the United States, under the au-
thority and bv the direction Of the collector of
the port OF Port Townsend, and was fned the
sum OF ssi4, for towing the ship Oriental from
point on the high seas TO the port of Tacoma, as
Aforesaid
Relief is asked on the ground that part OF
the towing was upon the high seas and part
north OF the middle of the channel OF the Straits
OF Juan de Fuca; that no fraud was committed
or intended in the matter; that libel was not
filed; that the seizure Of the vessel and exaction
OF the penalty were unwarranted by "any law
or regulation OF the government of the United
States" and that your refusal to accept bond
was contrary to law.
The penalty is incurred in such cases under
section OF the Revised Statutes of the United
States, II the vessel towed is a documented YES
sci of the United States plying from one port or
place in the same to another, unless the towing
In whole or in part Is within or upon foreign
waters. The department holds that the high
seas are not foreign waters within the meaning
OF the section, and that the mere passing by
tug over an imaginary boundary line into for
eign waters and back again during the towing
does not bring the case within the exemption of
the statute, which relates only to bona fide
necessary towing in foreign waters, as where
the towing commences or terminates in such
waters, and not to mere crossing of such
waters with q purpose to evade the law, to save
distance. or otherwise. 1.-THE Appollon, 9th
Wheaton, S6l; letter secretary of state, May %,
1911 In the present case the American YES
sci was plying from one domestic port to
another, and the department is constrained to
hold that by towing her the "Lorne" became
liable to the penalty imposed. Your action In
declining to release the tug except upon pay
ment OF the penalty is approved, as in accord.
ance with the law governing the matter. II the
petitioner desires to contest the matter at law,
you will afford any facility practicable, after
consultation with the United States district at.
torney, for the Intervention of the United States
court by allowing il to acquire possession of the
amount deposited with you, or by such other
action as may be found proper Said amount
may be retained as prescribed by article Lilo,
regulations of 1884, a reasonable time, say six
months, to await the final disposition of the
matter. II the case be not tried in court, pre-
fer before further considering the petition, that
it be presented under the provisions OF section
5292, Revised Statutes.
The department does not agree with your con-
tention that the waters north of the middle of
the strait are not subject to the jurisdiction OF
the foreign government. Upon this point the
acting secretary of state in q communication to
this department dated the 22d instant, remarks
as follows:
"The joint action Of this government and the
government OF Great Britain, seems to in
dictate clear purspose to assume and maintain
jurisdiction over the whole of the straits in
question. Article OF The treaty of June Is.
1876, provides, That from the point on the
10th parallel of north latitude, where the bound.
airy laid down in existing treaties and conven-
tons between the United States and Great
Britain terminates, the line of boundary be-
tween the territories of the United States and
those of her Britannia majesty shall be con.
tinued westward along the said 49th parallel of
north latitude 10 the middle of the channel
which separates the continent from Vancouyers
island; and thence southerly through the mid
die of said channel, and Fuca's straits, to the
Pacific ocean. Provided, however, that the
navigation of the whole of said channel and
straits south of the 10th parallel of north
latitude remain free and open TO both parties"
s'The middle OF the channel is thus made the
boundary line, and the proviso is consistent
herewith, for II so considerable q part OF these
straits as do not lie within three miles of the
shore of either country was to be treated as open
seas, over which neither party had an exclusive
control, there was the less reason for securing
a common right of navigation to both. But the
purpose OF the two countries is even more
clearly expressed in their action subsequent
to the award of the emperor of Ger
many, dated October 81, 1872, that
the boundary line between the ter
ritories of Her Britannia Majesty and the United
States should be drawn through the Haro chan
mel. On the 2lst OF November, 1872, Sir Edward
Thornton in note to Mr.. Fish, said: Earl
Granville has further instructed me TO propose
TO the government of the United States, that the
work OF the boundary commission, which was
interrupted in 1859, should be resumed and COM
pleted by the preparation of a map or chart
showing the exact position of the boundary line.
from the Gulf of Georgia, through the Haro
channel 70 the ocean, under the treaty of 1876.
and the award OF the emperor of Germany" And
thereupon on the 10th day of March, 1873, MI.
Fish, in behalf of this government, and Sir Ed
ward Thornton and Rear Admiral James Charles
Provost, in behalf of her Britannia majesty,
signed protocol specifically defining the exact
boundary line between the two countries,
through the straits in question to the Pacific
ocean, and tracing the same upon certain charts
therein referred to- lSee Revised Statutes and
Public Treaties of the United States in force on
December /, 1873, P. 500. For the map see part /,
+. K. IS73.
"There were no longer any islands in dispute,
and the two governments could not seem to
hoe had other a.