The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-03-29

prosecution Vi tHcsc Cuscs.. JlHc CoileC-
tor OF customs then at Sitka was A. X.
Dolahey, somewhat noted and able
lawyer from Wisconsin, and 10 him was
.coniided by Attorney General Garland
the interests OF the United States. and
ho did his part ably and successfully.
The British vessels then scized.and
whose officers were under arrest and
against whom libcls OF information had
been filcd--werc schooners from Vic.
TORN, Il. c., tho Dolphin, Anna Beck,
Grace, Ada. and ". = ,Saywarl -,
M:W. T. Drake, Queens COUNSEL, from
British Columbia,appeared for thieves
and his homo government, and filed u
demurrer to the libel OF information
against tho Dolphi H. alleging that the
district court Of Alaska had,no juris,lic-
ton over tho subject matter OF, the lac.
ton Tor the reason that the schooner
was moro than one marine league from
tho shore when seized, and that the act
OF Congresso 1868 was unconstitutional,
in that it restricts FREQ navigation OF the
Boring sea for scaling purposes.
A stipulation signed by the queens
counsel upon tho partlof the British
owners was filed, in'whicl 1t was agreed
and conceded that the masters, OF the
vessels named wereytaking : ilir; seals in
that part OF Boring scaWhich Is claimed
by the United Slates Under tho treaty
with Russia oi.March, 1907. d. q 10
WHAT TlIEnERtSG sEA;ls.LKE. sSL
Mr.. Delaney, on tho. partof. the; United
States, accoptod,tis5 issue "so.madcup
with great promPtness. 1t was gcncr-
ally understood he was personally in.
structed from, Washington, and before
presenting his: argument To the court he
stated tho UnitctsSStMes had assumed,
after mature consideration, thePositlon
that Boring sea Is mn inland water, and
that such portion Of it rs was ceded, by
Russia in 1867 is withiniho jurisdiction
OF tho United States.a .sana6 ,,t
The contiguraton OF tho coast limos OF
Boring Sen on thoanor,hwest and;thc
Aleutian Islands, sweopingin q :contin-
uous and sickle shaped curve from the
southeast end OF tho Alaska peninsula
TO the island OF sAttu, near the shores OF
kamchatka like 'araigantic, ltecklace OF
rocks, inclosing.R great0rca Of the main
ocean with thouhdisputcd landed pos
sessions OF the United States and Russia,
makes it essentially an interior sea,
which from the date OF its. discovery
until tho cession OF Alaskato tho Unit
ed States, was bordcrcd on all Ssidos by
the territory OF Russia, except tho
straits at the north lending to the Fro
zen Ocean and the outlet in theS south
west into the North, Pacific. Russia's
right OF title by discovery and settle
ment dates as, far back MS .172S, and was
nevercontested by England as long as
Russia owned Alaska. On the contra
ry, tho supreme rights Of Russia i'll the
Boring Sea were expressly recognized by
both Great Britain and the United
States in the treaties oflS24 and 1925.
This in brief outliheis summary OF
the argument put forward by tho attor-
ney OF the United States in this memoir
able case. Following closely along
these lines Judge Dawson delivered the
opinion OF the court, which at!irmedthc
judgment OF. forfeiture entered against
each OF the vessels;seized blythe United
States. 't'r'',u
The proportion OF British vessels fit
ting out at Victoria for illicit traffic is
largely in excess Of those sailing from
American ports. Coupled with tho
Britishers' lack. Dire ereneo sior Ameri-
can law and the American lag' was tho
knowledge that il the worst happened
they had ports of refuge along the coast
line OF British Columbia into which they
could sail with an assurance OF immu-
nifty. ,:rcs ..@ Is
HOW THE fol6uERs ,EsdArE.
Many vessel flying the gridiron has
been boarded in Boring sea by United
States revenue cutters with corrobora.
tive evidence on board that it was en-
gagged in the business OF seal hunting.
Owing to the small crews carried by
our revenue cutters it would be impossi-
bio to take absolute personal possession
OF the craft, SO that the. master would
be placed upon parole and directed to
proceed to Sitka and report himself as
prisoner to the United States marshal.
TO this the British. skipper would cor
daily assent, and, blithcly sailing away
until out OF sight, would either resume
business or fly away to his home port
Tho masters of American vessels when
seized had no such refuge to fall back
on. Once under arrest, no matter to
which port they sailed, they were liable
to re-seizure and'severe, punishment ior
violation OF parole
1t is q peculiar and striking fact that
Notwithstanding the lucrative returns
gained by successful sealing voyages
upon the Boring sea it is only under the
United States and the English flags that
tho business is carried on. Tho fitting
out OF vessels'at San Francisco or Vic
toria for this hazardous service is car
ried on Systematically every; season.
There are many craft nowcngased in it
that have been seized, condemned and
forfeited to the United States, but, being
bonded out by their owners, have
straishtway resumed the business.
In no case have these bondsmcn been
prosecuted: Each vessel has on board
three or more: ex pert Hunters; familiar
with the habits OF seals. In addition to
these nearly every vessel puts into
Prince OF Wales island for.some other
native settlement on the Alaskan coast
and picks up a.number OF native hunt
ers. Tho men'work <forga 4lay:n That
is, they are. toreceivej at:tae termina-
ton OF thesvoyage m agreed price per
pelt Tor everyfur sralA skin, taken.
PoAcHERs EXPECT BRITrsII PROTECTION.
In 1887 some Of tho old, English sail
ors under arrest prcdictedlitwould not
be many, days before m English war
ship would, sail il. from Victoria and
enforce their Tolease$anQ the surrender