USA > Alaska > Alaska, its neglected past, its brilliant future > Part 17
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The Governments of the United States of America and of her Majesty the Queen of the United Kingdom of Great Britain and Ireland, being credibly advised that the labors of the Commission organized pur- suant to the Convention which was concluded be- tween the High Contracting Parties at Washing- ton, July 22, 1892, providing for the delimita- tion of the existing boundary between the United
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ALASKAN LEGISLATION.
States and Her Majesty's possessions in North America in respect to such portions of said boundary line as may not in fact have been permanently marked in virtue of treaties heretofore concluded, cannot be accomplished within the period of two years from the first meeting of the Commission as fixed by that Con- vention, have deemed it expedient to conclude a sup- plementary convention extending the term for a further period and for this purpose have named as their respective plenipotentiaries :
The President of the United States, Walter Q. Gres- ham, Secretary of State of the United States, and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Excellency Sir Julian Paunce- fote, G. C. B., G. C. M. G., Ambassador Extraordinary and Plenipotentiary of Great Britain;
Who, after having communicated to each other their respective full powers which were found to be in due and proper form, have agreed upon the following articles :
ARTICLE I.
The third paragraph of Article I of the convention of July 22, 1892, states that the respective Commis- sioners shall complete the survey and submit their final reports thereof within two years from the date of their first meeting. The joint Commissioners held their first meeting November 28, 1892; hence the time
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allowed by that Convention expires November 28, 1894. Believing it impossible to complete the re- quired work within the specified period the two Gov- ernments hereby mutually agree to extend the time to December 31, 1895.
ARTICLE II.
The present Convention shall be duly ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by Her Britannic Majesty; and the ratifications shall be exchanged at Washington at the earliest prac- tical date.
In faith whereof we, the respective plenipotentia- ries, have signed this Convention and have hereunto affixed our seals.
Done in duplicate at Washington, the 3rd day of February, one thousand eight hundred and ninety- four.
SEAL
W. Q. GRESHAM, JULIAN PAUNCEFOTE.
And whereas the said Supplemental Convention has been duly ratified on both parts, and the ratifications of the two Governments were exchanged in the city of Washington on the 28th day of March, one thous- and eight hundred and ninety-four:
Now, therefore be it known that I, Grover Cleve- land, President of the United States of America, have
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caused the said Supplemental Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof.
In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the City of Washington, this twenty-eighth day of March, in the year of our Lord, one thousand eight hundred and ninety-four, and of the Independ- ence of the United States the one hundred and eigh- teenth.
(SEAL) GROVER CLEVELAND.
By the President,
Walter Q. Gresham, Secretary of State.
SEAL ISLANDS MADE A RESERVATION.
United States Statutes at Large, 1867-1869, volunie 15, page 348.
Resolved by the Senate and House of Representa- tives of the United States of America in Congress assembled, That the islands of Saint Paul and Saint George in Alaska be, and they are hereby, declared a special reservation for government purposes; and that until otherwise provided by law, it shall be un- lawful for any person to land or remain on either of said islands, except by the authority of the Secretary of the Treasury; and any person found on either of said islands, contrary to the provisions of this resolu-
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tion shall be summarily removed and it shall be the duty of the Secretary of War to carry this resolution immediately into effect.
Approved, March 3, 1869.
AWARD OF ARBITRATION TRIBUNAL, PARIS, ON FUR-SEALS.
United States Statutes at Large, 1893-1895, volume 28, page 1245.
Proclamation by the President of the United States of America.
Whereas an Act of Congress entitled "An Act to give effect to the Award rendered by the Tribunal of Arbitration at Paris, under the Treaty between the United States and Great Britain, concluded at Wash- ington, February 29, 1892, for the purpose of submit- ting to arbitration certain questions concerning the preservation of the fur-seals," was approved April 6, 1894, and reads as follows:
Whereas the following articles of the award of the Tribunal of Arbitration constituted under the treaty concluded at Washington the twenty-ninth of Febru- ary, eighteen hundred and ninety-two, between the United States of America and Her Majesty the Queen of the United Kingdom of Great Britain and Ireland were delivered to the Agents of the respective Gov- ernments on the fifteenth day of August eighteen hundred and ninety three:
GASTINEAU CHANNEL .- NEAR JUNEAU.
9
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ALASKAN LEGISLATION.
ARTICLE I.
The Government of the United States and Great Britain shall forbid their citizens and subjects re- spectively to kill, capture, or pursue at any time, and in any manner whatever, the animals commonly called fur-seals, within a zone of sixty miles around the Pri- bylov Islands, inclusive of the territorial waters.
The miles mentioned in the preceding paragraph are geographical miles, of sixty to a degree of latitude.
ARTICLE II.
The two Governments shall forbid their citizens and subjects respectively to kill, capture or pursue, in any manner whatever, during the season extending, each year, from the first of May to the thirty-first of July, both inclusive, the fur-seals on the high sea, in the part of the Pacific Ocean, inclusive of the Bering Sea, which is situated to the north of the thirty-fifth degree of north latitude, and eastward of the one hundred and eightieth degree of longitude from Greenwich till it strikes the water boundary described in Article I of the Treaty of eighteen hundred and sixty-seven be- tween the United States and Russia, and following that line up to Bering Straits.
ARTICLE III.
During the period of time and in the waters in which the fur-seal fishing is allowed, only sailing ves- sels shall be permitted to carry on or take part in
20
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fur-seal fishing operations. They will, however, be at liberty to avail themselves of the use of such canoes or undecked boats, propelled by paddles, oars, or sails, as are in common use as fishing boats.
ARTICLE IV.
Each sailing vessel authorized to fish for fur-seals must be provided with a special license issued for that purpose by its Government, and shall be required to carry a distinctive flag to be prescribed by its Gov- ernment.
ARTICLE V.
The masters of the vessels engaged in fur-seal fish- ing shall enter accurately in their official log book the date and place of each fur-seal fishing operation, and also the number and sex of the seals captured upon each day. These entries shall be communicated by each of the two Governments to the other at the end of each fishing season.
ARTICLE VI.
The use of nets, firearms and explosives shall be forbidden in the fur-seal fishing. This restriction shall not apply to shot guns when such fishing takes place outside of Bering Sea, during the season when it may be lawfully carried on.
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ARTICLE VII.
The two Governments shall take measures to con- trol the fitness of the men authorized to engage in fur- seal fishing; these men shall have been proved fit to handle with sufficient skill the weapons by means of which this fishing may be carried on.
ARTICLE VIII.
The regulations contained in the preceding articles shall not apply to Indians dwelling on the coast of the territory of the United States or of Great Britain and carrying on fur-seal fishing in canoes or undecked boats not transported by or used in connection with other vessels and propelled wholly by paddles, oars, or sails and manned by not more than five persons each in the way hitherto practiced by the Indians, provided such Indians are not in the employment of other persons and provided that, when so hunting in canoes or undecked boats, they shall not hunt fur- seals outside of territorial waters under contract for the delivery of the skins to any person.
This exemption shall not be construed to affect the municipal law of either country, nor shall it extend to the waters of Bering Sea or the waters of the Aleu- tian Passes.
Nothing herein contained is intended to interfere with the employment of Indians as hunters or other- wise in connection with fur sealing vessels as hereto- fore.
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ALASKA.
ARTICLE IX.
The concurrent regulations hereby determined with a view to the protection and preservation of the fur- seals, shall remain in force until they have been, in whole or in part, abolished or modified by common agreement between the Governments of the United States and of Great Britain.
The said concurrent regulations shall be submitted every five years to a new examination, so as to en- able both interested Governments to consider whether, in the light of past experience, there is occasion for any modification thereof.
Now therefore be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That no citizen of the United States, or person owing the duty of obe- dience to the laws or the treaties of the United States, nor any person belonging to or on board of a vessel of the United States, shall kill, capture or pur- sue, at any time, or in any manner whatever, out- side of the territorial waters, any fur-seal in the waters surrounding the Pribilov Islands, within a zone of sixty geographical miles (sixty to a degree of latitude) around said islands, exclusive of the territorial waters.
Sec. 2. That no citizen of the United States, or person above described in Section I of this Act, nor any person belonging to or on board of a vessel of the United States, shall kill, capture, or pursue, in
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any manner whatever, during the season extending from the first day of May to the thirty-first day of July, both inclusive, in each year, any fur-seals, on the high seas outside of the zone mentioned in section one, and in that part of the Pacific Ocean, including Bering Sea, which is situated to the north of the thirty-fifth degree of north latitude and to the east of the one hundred and eightieth degree of longitude from Greenwich till it strikes the water boundary de- scribed in article one of the treaty of eighteen hun- dred and sixty-seven, between the United States and Russia, and following that line up to Bering Straits.
Sec. 3. No citizen of the United States or person above described, in the first section of this Act, shall during the period and in the waters in which by sec- tion two of this Act the killing of fur-seals is not pro- hibited, use or employ any vessel, nor shall any ves- sel of the United States be used or employed, in carry- ing on or taking part in fur-seal fishing operations, other than a sailing vessel propelled by sails exclu- sively, and such canoe or undecked boats, propelled by paddles, oars, or sails as may belong to, and be used in connection with such sailing vessels; nor shall any sailing vessel carry on or take part in such opera- tions without a special license obtained from the Gov- ernment for that purpose, and without carrying a dis- tinctive flag prescribed by the Government for the same purpose.
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Sec. 4. That every master of a vessel licensed under this act to engage in fur-seal fishing operations shall accurately enter in his official log book the date and place of every such operation, and also the num- ber and sex of the seal captured each day; and on coming into port and before landing cargo, the mas- ter shall verify, on oath, such official log book as con- taining a full and true statement of the number and character of his fur-seal fishing operations, including the number and sex of seals captured; and for any false statement wilfully made by a person so licensed by the United States in this behalf he shall be subject to the penalties of perjury; and any seal skins found in excess of the statement in the official log book shall be forfeited to the United States.
Sec. 5. That no person or vessel engaging in fur- seal fishing operations under this Act shall use or em- ploy in such operations any net, firearm, air-gun, or explosive :
Provided however, That this prohibition shall not apply to the use of short guns in such operations out- side of Bering Sea during the season when the killing of fur-seals is not there prohibited by this Act.
Sec. 6. That the foregoing sections of this Act shall not apply to Indians dwelling on the coast of the United States, and taking fur-seals in canoes or un- decked boats propelled wholly by paddles, oars, or sails, and not transported by or used in connection
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with other vessels, or manned by more than five per- sons, in the manner heretofore practiced by the said Indians;
Provided, however, That the exception made in this section shall not apply to Indians in the employ- ment of other persons, or who shall kill, capture, or pursue fur-seals outside of territorial waters under contract to deliver the skins to other persons, nor to the waters of Bering Sea or of the passes between the Aleutian Islands.
Sec. 7. That the President shall have power to make regulations respecting the special license and the distinctive flag mentioned in this Act and regula- tions otherwise suitable to secure the due execution of the provisions of this act, and from time to time to add to, modify, amend, or revoke such regulations as in his judgment may seem expedient.
Sec. 8. That except in the case of a master making a false statement under oath in violation of the pro- visions of the fourth section of this Act, every per- son guilty of a violation of the provisions of this Act, or of the regulations made thereunder, shall for each offense be fined not less than two hundred dollars, cr imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo, at any time used or employed in violation of this Act, or of the regulations made thereunder, shall be for- feited to the United States.
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Sec. 9. That any violation of this Act, or of the regulations made thereunder, may be prosecuted either in the district court of Alaska or in any dis- trict court of the United States in California, Oregon, or Washington.
Sec. 10. That if any unlicensed vessel of the United States shall be found within the waters to which this Act applies, and at a time when the kill- ing of fur-seals is by this Act there prohibited, hav- ing on board seal skins or bodies of seals, or appa- ratus or implements suitable for killing or taking seals; or if any licensed vessel shall be found in the waters to which this Act applies, having on board ap- paratus or implements suitable for taking seals, but forbidden then and there to be used, it shall be pre- sumed that the vessel in the one case and the appara- tus or implements in the other was or were used in violation of this Act until it is otherwise sufficiently proved.
Sec. II. That it shall be the duty of the President to cause a sufficient naval force to cruise in the waters to which this Act is applicable to enforce its provi- sions, and it shall be the duty of the commanding officer of any vessel belonging to the naval or revenue service of the United States, when so instructed by the President, to seize and arrest all vessels of the United States found by him to be engaged, used, or em- ployed in the waters last aforesaid in violation of any
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of the prohibitions of this Act, or of any regulations made thereunder, and to take the same, with all per- sons on board thereof, to the most convenient port in any district of the United States, mentioned in this Act, there to be dealt with according to law.
Sec. 12. That any vessel or citizen of the United States, or person described in the first section of this Act, offending against the prohibitions of this Act, or the regulations thereunder, may be seized and de- tained by the naval or other duly commissioned offi- cers of Her Majesty the Queen of Great Britain, but when so seized and detained they shall be delivered as soon as practicable, with any witnesses and proofs on board, to any naval or revenue officer or other authorities of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for the same;
Provided, however, That British officers shall ar- rest and detain vessels and persons as in this section specified only after, by appropriate legislation, Great Britain shall have authorized officers of the United States duly commissioned and instructed by the Presi- dent to that end to arrest, detain, and deliver to the authorities of Great Britain vessels and subjects of that Government offending against any statutes or regulations of Great Britain enacted or made to en- force the award of the treaty mentioned in the title of this Act.
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ALASKA.
Now, therefore, be it known that I, Grover Cleve- land, President of the United States of America, have caused the said Act specially to be proclaimed to the end that its provisions may be known and observed; and I hereby proclaim that every person guilty of a violation of the provisions of said Act will be arrested and punished as therein provided; and all vessels so employed, their tackle, apparel, furniture and cargo will be seized and forfeited.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Donc at the City of Washington this 9th day of April in the year of our Lord one thousand eight hundred and nine- SEAL ty-four, and of the Independence of the United States the one hun- dred and eighteenth.
GROVER CLEVELAND.
By the President,
W. Q. Gresham, Secretary of State.
KILLING OF FUR-BEARING ANIMALS.
United States Statutes at Large, 1893-1895, volume 28, page 1258.
Proclamation by the President of the United States.
The following provisions of the laws of the United States are hereby published for the information of all concerned.
Section 1956, Revised Statutes, Chapter 3, Title XXIII, enacts that:
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ALASKAN LEGISLATION.
No person shall kill any otter, mink, marten, sable, or fur-seal, or other fur-bearing animal within the limits of Alaska Territory, or in the waters thereof; and every person guilty thereof shall for each offense be fined not less than two hundred nor more than one thousand dollars, or imprisoned not more than six months, or both; and all vessels, their tackle, ap- parel, furniture and cargo, found engaged in viola- tion of this section shall be forfeited; but the Secre- tary of the Treasury shall have power to authorize the killing of any such mink, marten, sable, or other fur-bearing animal, except fur-seal, under such reg- ulations as he may prescribe; and it shall be the duty of the Secretary to prevent the killing of any fur- seal, and to provide for the execution of the provis- ions of this section until it is otherwise provided by law; nor shall he grant any special privileges under this section.
Section 3 of the act entitled "An Act to provide for the protection of the salmon fisheries of Alaska," ap- proved March 2, 1889, provides :
Sec. 3. That section nineteen hundred and fifty- six of the Revised Statutes of the United States is hereby declared to include and apply to all the do- minion of the United States in the waters of Bering Sea; and it shall be the duty of the President, at a timely season in each year, to issue his proclamation and cause the same to be published for one month
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in at least one newspaper if any such there be pub- lished at each United States port of entry on the Pacific Coast, warning all persons against entering said waters for the purpose of violating the provis- ions of said section; and he shall also cause one or more vessels of the United States to diligently cruise said waters and arrest all persons, and seize all ves- sels found to be, or to have been, engaged in any violation of the laws of the United States therein.
Now, therefore, I, Grover Cleveland, President of the United States, hereby warn all persons against entering the waters of Bering Sea within the dominion of the United States for the purpose of violating the provisions of said section 1956 of the Revised Stat- utes; and I hereby proclaim that all persons found to be, or to have been engaged in any violation of the laws of the United States in said waters, will be ar- rested, and punished as above provided.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington this eighteenth day of February in the year of Our Lord one thousand eight hundred and ninety-five and of the independence of the United States the one hundred and nineteenth.
(SEAL) GROVER CLEVELAND.
By the President,
W. Q. Gresham, Secretary of State.
ALASKAN LEGISLATION. 317
United States Statutes at Large, 1893-1895, volume 28, page 378.
For maintenance of a refuge station at or near Point Barrow, Alaska, on the Arctic Ocean, four thousand dollars.
Also one in 1895.
ALASKA LEGISLATION-LIST OF STATUTES CONCERNING ALASKA, FROM THE REVISED SUPPLEMENTAL LAWS OF THE UNITED STATES, AND THE UNITED STATES STATUTES AT LARGE.
Vol. 15. 1867-1869. Page
Alaska, territory ceded to the United States by Russia to constitute the collection district of 240
Port of entry to be where 240
Collector and salary 240
Regulations for the nationalization of vessels owned by residents of the ceded territory 240
Importation into, and use in, of firearms and distilled spirits may be prohibited . 241
And exportation of, from other ports if destined to ports in this territory . 241
Penalty for landing or atteinpting to land such arti- cles . 24I
Coasting trade of territory, how regulated 241
Killing of fur-bearing animals prohibited may be au- thorized by the Secretary of the Treasury 241
What courts to have jurisdiction of offenses under this Act, etc. . 24I
Who may make arrests of persons or vessels 24I Remission of fines, penalties and forfeitures incurred in, 242 Secretary of Treasury may prescribe certain regulations, 241 Appropriation 24I
Construction of steanı revenue cutter for 302 Act to protect the fur seal in 348
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Vol. 16. 1869-1871. Page
Alaska, Act to prevent the extermination of fur-bearing animals in .180, 182 The killing of, upon the islands of St. Paul and St. George, or in adjacent waters 180
Except in certain months, declared unlawful and at anytime with firearms 180
Certain privileges of killing allowed to natives . . . 180
The killing of any female seal or any scal less than a year old, except, etc., or any seal in certain places declared unlawful 180
Penalty therefor 180
Limit to number of fur-seals that may be killed in any year for their skins, upon the islands of St. Paul and St. George
180
Further limit
180
Penalty
180
Right to take fur-seals on the islands of St. Paul and St. George and to send vessels, etc., may be leased for twenty years 180, 181
Lease, bond, etc. . 181
Lessees to furnish copy of lease to masters of their vessels as authority, etc. 181
Other leases may be made upon expiration, etc., of first lease 181
American citizens only to have lease, etc., and no foreign vessel to be used 181
Secretary of State may terminate any lease at any- time and for what causes . 182
Covenants in lease not to sell distilled spirits, etc., to natives 181
Any distilled spirits or spirituous liquors found upon the islands to be destroyed . 18I
Annual rental received by lease 181
How to be secured . 181
Tax of two dollars upon each fur seal-skin 181
Rules, etc., for collection of same
181, 182
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ALASKAN LEGISLATION.
Fur seal-skins now stored on the islands may be Page
delivered to owners upon payment, etc. . I82
Penalty for killing any fur seal without authority . 181
For molesting lessees 18I
Vessels to be forfeited 181
Upon lessees for killing fur seals in excess of number authorized . ISI
Any district court in California, Oregon, or Washington
to have jurisdiction of offenses under this Act . . 182 Approved July 1, 1870.
Vol. 17. 1871.
Agent and assistants, to manage the seal fisheries in . 35
Their pay and traveling expenses . 35
Not to be interested in right to take seals
Dwelling houses for 35
35
May administer certain oaths and take testimony 35 Laws of the United States relating to customs, com-
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