disposition made apparent on both sides to arrive at such an understanding, that the Imperial authorities, without any surrender of Imperial or Colonial rights, and without acquiescing in any limited construction of the Treaty, instructed the Vice-Admiral to confine his seizures to the more open and injurious class of offences which were especially likely to be brought within the cognizance of the naval officers of the Imperial service. The Canadian Government, as has already been stated, for six months left its fishing grounds open to American fishermen, without any corresponding advantage in return, in order to prevent loss to those fishermen and to afford time for the action of Congress on the President's recommendation that a joint Commission should be appointed to consider the whole question relating to the fisheries. That recommendation has been rejected by Congress. Canadian fish is, by prohibitory duties, excluded from the United States' market. The American fishermen clamour against the removal of these duties, and in order to maintain a monopoly of the trade, continue against all law to force themselves into our waters and harbours and make our shores their base for supplies, especially of bait, which is necessary to the successful prosecution of their business. They hope by this course to supply the demand for their Home market, and thus to make Canada indirectly the means of injuring her own trade. It is surely, therefore, not unreasonable that Canada should insist on the rights secured to her by Treaty. She is simply acting on the defensive, and no trouble can arise between the two countries if American fishermen will only recognise the provisions of the Convention of 1818 as obligatory upon them, and, until a new arrangement is made, abstain both from fishing in her waters and from visiting her bays and harbours for any purposes save those specified in the Treaty. In conclusion the undersigned would express the hope that the discussion which has arisen in this question may lead to renewed negotiations between Great Britain and the United States and may have the result of establishing extended trade relations between the Republic and Canada, and of removing all sources of irritation between the two countries. No. 201.-1886, June 14: Letter from Mr. Bayard (United States Secretry of State) to Sir L. S. S. West (British Minister). DEPARTMENT OF STATE, SIRS The Consul-General of the United Statesat Halifax communicated to me the information derived by him from the Collector of Customs at that port to the effect that American fishing vessels will not be permitted to land fish at that port of entry for transportation in bond across the province. I have also to inform you that the masters of the four American fishing vessels of Gloucester, Mass., Martha A. Bradly, Rattler, Eliza Boynton, and Pioneer, have severally reported to the Consul-General at Halifax that the subcollector of Customs at Canso had warned them to keep outside an imaginary line drawn from a point three miles outside Canso Head to a point three miles outside St. Esprit, on the Cape Breton Coast, a distance of 40 miles. This line 327 for nearly its entire continuance is distant 12 to 25 miles from the coast. The same masters also report that they were warned against going inside an imaginary line drawn from a point three miles outside North Cape, on Prince Edward Island, to a point three miles outside of East Point, on the same island, a distance of over 100 miles, and that this last-named line was for nearly that entire distance about 30 miles from the shore. The same authority informed the masters of the vessels referred to that they would not be permitted to enter Bay Chaleur. Such warnings are, as you must be well aware, wholly unwarranted pretensions of extra-territorial authority and usurpations of jurisdiction by the provincial officials. It becomes my duty, in bringing this information to your notice, to request that if any such orders for interference with the unquestionable rights of the American fishermen to pursue their business without molestation at any point not within three marine miles of the shore, and within the defined limits as to which renunciation of the liberty to fish was expressed in the Treaty of 1818, may have been issued, the same may at once be revoked as violative of the rights of citizens of the United States under Convention with Great Britain. I will ask you to bring this subject to the immediate attention of Her Britannic Majesty's Government, to the end that proper remedial orders may be forthwith issued. It seems most unfortunate and regretable that questions which have been long since settled between the United States and Great Britain should now be sought to be revived. I have, &c., T. F. BAYARD. No. 202.-1886, June 30: Letter from Mr. Bayard to Captain Jesse Lewis (from the "New York Herald" of 9th July, 1886). Captain JESSE LEWIS, DEPARTMENT OF STATE, Washington, 30th June, 1886. Owner of the Schooner" David J. Adams," Gloucester, Mass. SIR, I have your letter, dated the 26th inst., stating the severe loss to you occasioned by the summary seizure by the Canadian authorities, in Annapolis Basin, Nova Scotia, of your fishing schooner the "David J. Adams," which, as you say, is all the property you possess and constituted your only support. It is proper that I should inform you that demand was made upon the Government of Great Britain for the release of the vessel, coupled with a notification that that Government would be held answerable for all loss and damage caused by her seizure and detention. Your case commands my sincere sympathy, and ever since it was brought to my knowledge has had the constant consideration of the Depart ment, and of the consular officers of the United States in the Dominion of Canada. Mr. William L. Putnam, of Portland, Me., in conjunction with Mr. George W. Biddle, of Philadelphia, has been engaged by this Government as its legal counsel in respect of its rights and duties which may be brought in question by reason of the seizure of your vessel. If you will communicate with Mr. Putnam he will no doubt give you all information in his power in relation to the laws under which your property was so seized, and suggest what steps should be taken to protect your private interest in the premises. Moreover, I suggest that you should carefully secure evidence of all the facts connected with the presence of your vessel in Annapolis Basin, and of the absence of any unlawful act or intention on the part of her master, crew, or owner, as well as proof of the actual loss and injury sustained by you by reason of this harsh and, as I believe, wholly unwarranted action by the Canadian officials-such evidence to be obtained and preserved as the basis of claims for your remuneration. More than one year ago I sought to protect our citizens engaged in fishing from the results which might attend any possible misunderstanding between the Governments of Great Britain and the United States as to the measure of their mutual rights and privileges in the territorial waters of British North America, after the termination of the fishery articles of the treaty of Washington in June last. It seemed to me then, and seems to me now, very hard that differences of opinion between the two Governments should cause loss to the honest citizens whose line of obedience might be thus rendered vague and uncertain and their property be brought into jeopardy. Influenced by this feeling, I procured a temporary arrangement which secured our fishermen full enjoyment of all the Canadian fisheries, free from molestation during a period which would permit discussion of a just international settlement of the whole fishery question. But other counsels prevailed, and my efforts further to protect the fishermen from such trouble as you now suffer were unavailing. To secure for them full protection in the enjoyment of all their just rights and privileges is still my earnest intent and object, and for all losses to which they may be unlawfully subjected at the hands of the authorities of foreign Governments I shall seek and expect to obtain full redress. I regret exceedingly the disturbance in the long customary pursuits and the serious loss and inconvenience attendant upon a disputed construction of laws and treaties by two sepa328 rate Governments, and I trust that I shall soon be enabled to secure such a clear and comprehensive declaration of agreement between those charged with the administration of the two Governments as will define the line of their rights and secure from molestation those American fishermen who, obeying the injunctions of their Government respecting subordination to the laws of foreign Governments, keep within the laws of their own country. Reparation for all losses unlawfully caused by foreign authority will be made the subject of international presentation and demand. I am, &c., No. 203.-1886, July 7: Letter from Sir L. S. S. West to the Earl of Rosebery. No. 64 Treaty. WASHINGTON 7. July 1886. MY LORD; In the absence of instructions from your Lordship on the present phase of the Fisheries question, and in view of the tenour of Mr. Bayard's notes on the detention of American fishing vessels by the Canadian authorities, I have avoided all conversation with him on the subject. These notes are written in order to establish the contention that the operation of the Treaty of 1818 is virtually suspended by the spirit of subsequent commercial legislation on both sides, and that the action taken by the Canadian authorities under it is therefore unjustifiable. It must be borne in mind, however, that the commercial legislation upon which so much stress has been laid by the opponents in the Senate to the appointment of a Commission may be said to have auspiciously culminated in the reciprocity of 1854, which, together with the policy which it inaugurated, was nevertheless denounced by the United States Government, and that all endeavours on the part of the Dominion Government to renew it have failed. The freedom of intercourse, therefore, which, in so far as the fisheries are concerned, may be said to have been repudiated by Congress by the denunciation of the instruments which established it, can scarcely now be claimed as a right, in view of the repeated declarations both in Congress and outside that the fishing interests were content to abide by a Treaty which expressly denies it. It was preferred to return to the Treaty of 1818 sooner than to admit the principle of "free fish and free fishing," for it was argued that, since the fish had left the Canadian shores, American fishing vessels had no reason for resorting to Canadian waters, and the right of free intercourse for inshore fishing operations was therefore no longer of any value. In dealing with the situation thus created by the Senate for the sole purpose of thwarting the policy of the present Administration, two points at once present themselves which are of importance. in the event of any proposal being made on either side for negotiation. 1. The probable refusal of the Dominion Government to suspend action under the Treaty of 1818 pending negotiation. 2. The probable refusal of the Senate to sanction any agreement come to between Her Majesty's Government and President Cleveland's present Cabinet. Mr. Bayard is fully aware of the difficult position in which he has been placed, and it is therefore very likely that he is endeavouring to conciliate the Senate in view of possible negotiation by writing notes in the sense of the speeches of the Maine Senators, and in order thus to be enabled to give satisfactory assurances of the disposition of that body to agree to an arrangement which could scarcely be reached without some such understanding, for he is aware that Her Majesty's Government would not be disposed to enter into engagements which the Senate might again refuse to allow the President to carry out. He feels also that Her Majesty's Government can only look to the United States Government and not to the circumstances in which he has been placed, and he is evidently now seeking means of escape from his dilemma. That such is the case appears from a letter which he has addressed to the owner of the schooner " D. J. Adams," copies of which, as published in the newspapers, I have the honour to enclose. as well as copies of an article from the New York Herald, commenting thereon. The allusion to "the mistake in not having taken his advice" is significant of the difficulty he now finds in securing a clear and comprehensive "declaration" of an agreement. I have the honour to be with the highest respect, my Lord, L. S. SACKVILLE WEST. 329 No. 204.-1886, July 10: Letter from Mr. Bayard (United DEPARTMENT OF STATE, S'8. I have the honour to inform you that I am is receipt of a Report from the Consul General of the United States, at Halifax, accompanied by sworn testimony stating that the " Novelty," a duly registered merchant steam vessel of the United States, has been denied the right to take in steam coal, or purchase ice, or tranship fish in bond to the United States, at Pictou, N. S. It appears that, having reached that port on the 1st inst., and finding the Customs Office closed on account of a holiday, the master of the "Novelty" telegraphed to the Minister of Marine and Fisheries, at Ottawa, asking if he would be permitted to do any of the three things mentioned above. That he received in reply a telegram reciting with certain inaccurate and extended application, the language of Art. I, of the Treaty of 1818, the limitations upon the significance of which are in pending discussion between the Government of the United States and that of Her Britannic Majesty. That on entering and clearing the "Novelty" on the following day at the Custom House, the collector stated that his instructions were contained in the telegram the master had received; and that, the privilege of coaling being denied, the "Novelty " was compelled to leave Pictou without being allowed to obtain fuel necessary for her lawful voyage on a dangerous coast. Against this treatment I make instant and formal protest as an unwarranted interpretation and application of the Treaty by the officers of the Dominion of Canada and the Province of Nova Scotia, as an infraction of the laws of commercial and maritime intercourse existing between the two countries, and as a violation of hospitality, and for any loss or injury resulting therefrom the Government of Her Britannic Majesty will be held liable. I have, &c., (Sd.) T. F. BAYARD. &c., &c., &c. The Honourable Sir L. S. WEST, K.C.M.G. |