The sun. [volume] (New York [N.Y.]) 1833-1916, 1891-10-26

The Cases or the Otto, the L II. Marvin, the
D. ~. lie VIE. the Ethel. ana La Ninin.


WASHINGTON. Oct 2j.-The unconditional re-.
lease OF the Victoria sealing schooners Otto
aud L u. Marvin. by order OF the British Adj.
miralty fs undoubtedly In conformity with the
'nodns rirendi agreement. but 1t also indicates
nerciful official spirit toward tho delin.
auents These were the only British Column
bian schooners soized by our cruisers during
the recent season. and one Of them was cap.
tured at the express request OF the senior Brit
Ism o1icer on the station. Accordingly. the Vic.
toria vessels have thus far received no severe
lesson rs to the danger OF triling with the
international agreement about Behring Sea-
II twill perhaps DO suggested that their re.
lease may imply that they were not really
guilty OF the offence charged against them.
But Rear Admiral Hotham. commanding the
British squadron. In notifying the owners and
masters OF these vessels of their release. adds
that he Is directed to inform them that in con.
travening the Behring Sea Seal Fishery act OF
1891 they have incurred the penalty laid down
In the Merchant Shipping act OF 1884. namely,
the seizure and forfeiture OF the ship and
equipment. and imprisonment not exceeding
Six months. or fine not exceeding 500. This
notification seems to indicate. therefore. that
the release Is matter OF grace or Of public
policy although II IL true that the owners OF
the schooners denied their liability to these
penalties. and at least ono Of them was pre-
pared to contest the mattor In tho courts.
Briefly stated. the defence Of the Marvin
was that when overhauled by United States
vessel and warned not to enter Dehring Sea, a
very doubtful document was served upon her.
1t consisted OF a proclamation by President
Harrison. in which was quoted what purported
to be on agreement signed for their respective
Governments By the British Minister ut Wash.
fngton and Mr.. Wharton. our acting Secretary
Of state. Tho signature Of Sir Julian Paunce-
Tote was. according TO the Captain Of the Mar
being given In place Of Julian. altogether.
the Marvin felt herself justified IN waiting for
that Of insnfieent notice. She H was lying Sn IT
had Been made uSs and er o.sss Md
crew %ndoHbtealS Knew 81 it. like everybody
the British cruiser Nymnhe directed ColIector
Pheasant to warn, the otto For some reason re- SON
anee papers for hunting ii Be6rins Sea. When
lie notified Capt. Cotton Of our cruiser Mohican
Earne Car and h shH H 51is, Ss seized
been officially warned. and was, as much en-
titled to preliminary notice as other vessels:
vessel seized for violating its. provisions shall
be turned over to the authorities q the coun.
penalties for tho same" AeeordinEiy. Il The
British Government chooses. to release with
sels. it has the right TO do 30. Nor should We
be justified In inferring from this action pur.
agreement. In both cases there seems to huve
been some ground for not imputing deliberate
the sszsd yesse
to their rights.
1t is rather curious that the Nc Loan brothers
vessel The offence with which they We're
charged was lar more serious that or being
rhey te s
the J. Hamilton Lewis. was OF American regis.
ter Both IT and the crew had been taken to
mains to set free the American sealing schoon.
ers seized by our cruisers in order to make
SV hus H. the oSdsnss
feq capaa is
scaling voyage; as indeed his outfit showed.
and that he had taken, no seals after the warn
to carry OH. Whaling. The commander OF the
t Il srIounl that she could not lawfully remain
The Ethel also was warned by the Rush. and
concealed her. steaninG toward the sound |
B she found one Of the Ethel,s boats down. pre-,
: !s IL. rs IL seeiing. me captain accounted
was firing at n mark: aud for the boat being |
down by needing the deck space it occupied in |
order to mend a sail: The Rush thought this |
story rather thin and seized tho vessel. Yet |
were our Government as well disposed toward |
private sealers as the British Government ap- |
pears to be- the stories OF tho Ethel and La |
Ninfa might perhaps pass muster. like those |
Of the Otto and the Marvin.
But the treatment of the latter vessels does |
not warrant lbs in surprising that there will be |
anything .farcical 10 the work OF next Year,
The warnings in that case will perhaps be by |
PROCLAMATION in the home ports both OF the |
United. States and the Dominion before the |
lime Ct sailing and. at any rate. elearances |
Such excuses as have Just been spoken Of will |
therefore no longer be available and, beyond |
doubt. penalties will be inflicted for violating