claimants. This is the law as uniformly held, and although it may work hardship in individual cases, the decisions of courts have established it as the rule of law most universally just.

The decision of international tribunals and of the courts of both countries wherein this rule of law has been declared, have been cited and commented upon in another part of this argument.

R., 1509., line

40.

R., 1510, line

32.

THE WINIFRED.

CLAIM NO. 24.

The Winifred was seized on the 20th of July, 1892, in Bering Sea, for a violation of the modus rivendi of 1892.

The commander of the United States revenue-cutter Richard Rush upon that day made this entry in the log:

At 8.15 stopped and boarded schooner Winifred, of Victoria, G. M. O. Hansen master. Found her with four dead unskinned fur seals on deck, six others salted, and one taken later from the Winifred's boats, all of which fur seals the captain admitted had been taken in Bering Sea. The evidence of violation of the convention between the United States and Great Britain being complete, seized the vessel and placed a prize crew of four men, under charge of Lieutenant Dodge, on board, and began towing her to Unalaska at 11.15 p. m.

Pursuant to the Convention between the United States of America and Great Britain for the renewal of the modus vivendi of 1891 for the year 1892, the Winifred was towed to Unalaska and "handed over as soon as practicable to the authorities of the nation to which she belonged," for the purpose of having the crew tried and the vessel condemned.

Under date of July 27, Captain Coulson, commanding the Richard Rush, made this entry in his log:

At 10 a. m. United States steamer Yorktown arrived in port. Commanding officer paid official call on Commander Evans. Later Commander Evans and Captain Parr, Royal Navy, came on board and conferred with commanding officer as to disposition of seized schooner Winifred.

This entry shows that prior to the 27th day of July Captain Coulson had arrived at Unalaska with the Winifred in tow.

30.

Captain Coulson testified that "Captain Parr, of the R., 1511, line Royal Navy, known as the senior officer of Her Majesty's fleet in the Bering Sea waters in connection with the modus vivendi, and Capt. Robley D. Evans, of the United States Navy, and the commanding officer of the Yorktown, also the senior officer of the American fleet, and Captain Coulson, of the revenue cutter Rush," were together in conference on the 27th of July.

As the result of that conference Captain Coulson advised the Secretary of the Treasury at Washington as follows:

On July 27 Commander Evans, United States Navy, and R., 1515. Capt. A. H. Chase Parr, Royal Navy, commanding Her Majesty's naval force in Bering Sea, met by appointment on board the Rush, and after a full discussion of the matter it was agreed on the part of Captain Parr that his Government would waive the right of custody of the seized vessel until she had been tried by the United States courts for violation of the United States revenue laws, provided that in case of failure to convict her on those charges the vessel, her cargo, outfits, etc., and master and crew, were to be turned over to the representatives of Her Majesty the Queen of England, at Victoria, British Columbia, for trial on the charge of violation of the terms of the existing modus vivendi.

Acting under instructions received from Commander Evans, United States Navy, I have therefore made formal seizure of the Winifred, and arrested her master, G. M. O. Hansen, and crew, for violation of the United States revenue laws, as above cited, and as soon as the necessary papers can be procured, she will be delivered into the custody of Lieutenant-Commander Tanner, of the United States Navy, commanding U. S. steamer Albatross, for delivery into the hands of the United States district attorney at Sitka.

This letter discloses that subsequent to the time of the seizure of the Winifred in Bering Sea, on the 20th of July, at which time she was seized, as stated in the log of the Rush, for violation of the Convention between the United States and Great Britain, Captain

R., 1518, line 26.

1.

4.

Coulson had received information that the Winifred had violated the revenue laws of the United States of America.

This information Captain Coulson did not have at the time of the seizure of the Winifred in Bering Sea, R., 1518, line he being afterward informed of the facts by Captain Hooper, who was in command of the United States R., 1515, line revenue cutter Corwin, in a letter which was the basis of the conference between Captain Parr, of Her Majesty's Navy, and Commander Evans, of the United States Navy, at which "it was agreed on the part of Captain Parr that his Government would waive the right of custody of the seized vessel until she had been tried by the United States courts for violation of United States revenue laws."

This agreement between Captain Parr, who represented in person the sovereignty of Great Britain, and Commander Evans, of the United States Navy, was made in the port of Unalaska, in the Territory of Alaska, and within the jurisdiction of the United States of America.

The Winifred was accordingly released from the charges preferred for a violation of the Convention between Great Britain and the United States, by the authorities of Great Britain, and formally re-seized R., 1532, line within the territory and jurisdiction of the United States, on a charge of violating their revenue laws. On the 27th of July Captain Coulson entered in his log:

62.

R., 1511, line 44.

Exhibit 111,

G.B., claim

By direction of Commander Evans, the vessel was formally declared seized for violation of the revenue laws.

Thereafter the Winifred was taken to Sitka by the 24; Exhib. Albatross, where she, with her boats, tackle, apparel, its, p. 327. furniture, and cargo, was libeled for a violation of the revenue laws of the United States.

Exhibits, p.

332.

Her owner, Charles Spring, filed an answer to the merits, not raising the question of jurisdiction.

A stipulation was signed agreeing that testimony

364.

be taken in the city of Victoria on behalf of the Exhibits, p. claimant to the vessel pursuant to which the testi- Exhibits, p. mony of Charles Spring, the owner of the vessel, was taken in his own behalf.

365.

369.

334.

On the 1st of March, 1894, the case came on to be Exhibits, p. heard in open court, on the pleadings and proofs, and Exhibits, p. a decree was entered "that said schooner Winifred, her boats, tackle, apparel, furniture, and cargo, and all property found upon or appertaining to said vessel be, and the same are hereby, condemned as forfeited to the United States."

Exhibits, p.

On the 26th of April, 1894, the court decreed that the Winifred, her boats, tackle, apparel, furniture, and 370. cargo should be sold after the usual notice.

In accordance with the decree of the court the Winifred was sold and became a total loss to the owner. Charles Spring, the owner, never filed a claim for appeal or perfected an appeal after having submitted to the jurisdiction of the court and having defended the case on its merits.

The Government of the United States claims that it is not liable for the loss to the owner of the Winifred. The vessel was seized in Bering Sea for a violation of the modus vivendi, and offered, in accordance with the terms of the modus, to the authorities of the nation having jurisdiction to try the offense and impose the penalties.

Captain Parr, of Her Majesty's Navy, representing the authority of Her Majesty in the waters of Bering Sea, and the sovereign power of Great Britain, ordered that the Winifred should be released from trial for a violation of the Convention between the two Governments, and agreed that she should be re-seized by the United States and proceeded against for a violation of its revenue laws.

Exhibits,

p. 111.

In the Argument filed on behalf of Great Britain is Arg. on bethe assertion:

Under said modus it was incumbent on the United States

half of G. B., p. 177, line 31.