remain there to the very last of the season that he could catch seals, so as to ascertain, if possible, how long that season really did and could last.

Q. Was there any understanding at all to that effect? A. Yes; he was to remain there until late in September. Q. That was fully understood?

A. Fully understood between him and me. In fact he wanted to know something about what became of the seals after they left the sea, including the Pribilof Islands. He wanted to go on a little voyage of discovery to a certain extent, and trace them and probably do some sealing at the same time. Q. It was mentioned between you, or understood, that he could stay there until pretty late in September?

A. Oh, yes. The previous year he had come back [to Victoria] on the 10th of September, and he had everything on board that would enable him to stay there until the end of the year, for the matter of that.

Upon this testimony in the Argument for Great Britain a claim is made for a season extending to October 1.

If the testimony of an owner, who was never in Bering Sea, to the effect that he had instructed his captain, who was a man of long experience in the sealing business, to stay in the sea as late as possible, is to outweigh the positive statement of that captain that the sealing season terminated toward the last of August, the opinions of all thinking minds regarding the weight to be given testimony of this nature will be disregarded. Again, if the statement of a witness interested in the results, to the effect that he instructed his captain to go on "a little voyage of discovery" to trace, if possible, the seals when they left the Pribilof Islands to proceed on their southward journey, and "probably do some sealing at the same time," is to be taken as a basis of establishing the duration of the sealing voyage in Bering Sea, against the testimony so clearly establishing the termination of the sealing season between the 20th and 25th of August, there would have been little need of examining to such great length so many witnesses concerning the general subject of the ordinary period during which seal

ing operations could be continued with profit in Bering Sea.

Capt. Daniel McLean, to whom was intrusted the determination of the duration of the voyage, according to the testimony of Baker himself, who said, “ I would be guided by his report as to the circumstances when he was to return;" when questioned as to how R., 1821, line long hunting could be continued, stated in an affidavit, made in 1892:

45.

Bering Sea hunting season: I usually enter the Bering Sea during the fore part of July and leave the last of August. The sea becomes too rough to make it profitable to hunt seal after August, and it is the practice for nearly all vessels engaged in hunting seal to leave about that time. A few sometimes remain later for the purpose of trying to raid the Islands, but there are so few days that the sea is smooth enough to hunt after September 1 that it does not pay to remain any longer.

Captain McLean was master of the Triumph on a voyage in 1888, and the detailed catch of the vessel, R., 702, line which was testified to by Baker, shows that the last day the Triumph hunted in that year was the 20th of August, and that the boats were not lowered between that day and the 14th of August.

30.

40.

This information, taken directly from the books of Captain McLean, together with his statement that the sealing season closes about the last of August, conclusively shows that the hunting voyage of the Triumph would have terminated at the usual time, and that in determining her charter value, no reason is found in the evidence for extending the period during which she would have hunted beyond the ordinary limit, fixed as between the 20th and 25th of August.

The managing owner of the Triumph had contracted R., 1452, line to sell to H. Liebes & Co., of San Francisco, the catch of the vessel for the year 1889, at $6.25 for R., 1431, line each skin delivered, and sold the catch made on the voyage to Bering Sea at that figure.

24.

If there were any conditions attached to the con

tract of H. Liebes & Co., they were in a position to perform their part of the contract, and absolutely did have a vessel at Sand Point to receive the catch of R., 1431, line the Triumph made on the voyage to Bering Sea.

In the claim for the prospective catch of the Triumph, which the United States maintains can not be allowed in any event, the value placed on each

skin is $11.

There is no testimony in the Record upon which to base the items, "legal and other expenses, $250," and “time and expense of owner, $200;" and no testimony is cited in the Argument on behalf of Great Britain.

16.

The statement of the money expended for the voyage of the Triumph and of the advances made to the crew is qualified by the testimony, showing that the R., 1431, line Triumph hunted along the coast on her voyage to Bering Sea and returned to Victoria the 322 seal skins taken.

13.

The hunters had not been settled with for this R., 1427. catch, and the amount finally paid is not separated with reference to whether the money was paid for services performed on the voyage to Bering Sea or for services in Bering Sea and upon the return voy- R., 1427, line age. Certainly the amount paid to hunters was paid for skins taken and delivered to the owners, and has no reference to the claim presented to this Commission.

The owners of the Triumph would be entitled to recover her charter value for the period between the 11th day of July and the 20th or 25th of August, estimated on the basis stated in the portion of this Argument relating to the measure of damages for the vessels warned out of Bering Sea and whose voyages were therefore interrupted, if a citizen of the United States had not been interested in the voyage.

20.

70.

The United States contends that Daniel McLean, R., 1417, line who was the owner of twenty-two shares, or one

S. claim

269.

third, of the Triumph can be awarded no sum for damages.

Ex. No. 12, U. McLean became a naturalized citizen of the United No. 18; Ex-States of America on the 5th day of October, 1882. hibits, p. Without obtaining the consent of the United States, and the United States not having consented to his throwing off allegiance to their Government, McLean, R., 1947, line on the 16th day of October, 1886, made application for and received papers declaring him to be a naturalized subject of Great Britain.

40.

R., 1821, line 50.

On the 7th day of September, 1892, he made an affidavit that he was a naturalized American citizen.

The laws of the United States, the decision of its courts, and the established law of nations bearing upon the citizenship of McLean, and his right to recover damages for an act committed in violation of the sovereign rights of the Government of the United States and the municipal law of the country to which it is claimed he owed allegiance, have been heretofore discussed at length and the position of the United States defined.

THE ARIEL.

CLAIM No. 19.

42.

R., 1480, line

28.

The Ariel, a vessel of 90.95 registered tons, entered R., 1459, line Bering Sea on the 12th day of July through Unimak R., 1461, lines Pass, proceeded to the south and west of the Pribilof 30,41. Islands; hunted until 6 o'clock of the morning of July 30, having secured at that time 346 sealskins. She carried 6 boats, 1 canoe for Indian hunters, a canoe to be used as a stern boat, and a crew of 22 whites, 2 Indians, and a cook.

Under date the 30th day of July the book of Captain Bucknam contains this entry, made at the time:

R., 1460, lines

36, 26.

At 6 a. m. American cutter Rush came alongside and sent R., 1462, line officers on board to examine and search the vessel; made 42. inquiries as to the number of crew on board; what time we came into Bering Sea; and the number of sealskins on board. They also told us if caught with fresh skins on board we would be seized. Also reported having seized schooners Black Diamond, Pathfinder, and Minnie, and having searched other schooners in the sea. At 9 a. m. all boats out, and returned with 120 skins. Badly scared through the day, as the cutter appeared at one time to be returning to us, and our boats had got far away, contrary to their orders when leaving the vessel.

This entry discloses that the Ariel lowered her boats within three hours after she was warned, and, as tes

8, et seq.

tified by Captain Bucknam, the boats were lowered R., 1463, line every day thereafter up to and including the morning of the 18th of August, when the weather would permit.

From the time of the warning by the United States revenue-cutter, up to and including the 17th of