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Les cartes, planches, tableaux, etc., peuvent dtre filmte A des taux de reduction diff^rents. Lorsque le document est trop grand pour dtre reproduit en un seul clichA, 11 est film6 d partir de Tangle supArieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images nAcessaire. Les diagrammes suivants lllustrent la m^thode. 'i i^iw i umMiwhKi iiT mtOk ■■-:■ iis i m0Smii-nvMb!tMs^ i ^-» i iMi^ imii»aisttse a) im Mm tir^'^ «s»W*«*W*fc**-««K'*i^ * " " ;^ . y. ^ ^u ■' ^.'t^.t^- SELECTED CASES MALTREATMENT OF AMERICAN FISHING VESSELS. The following are cases aud propositions selected as illustrating the various grounds of complaint made by the United States, arising from the conduct of Canadian ofiQciuls with reference to Ashing vessels of the United States, especially in the year A. D. 1886: THE ELLA M. DOUGHTY. St. Ann's bay, protected on the south by Gape Dolphin or Dauphin, is situated on the extreme eastern coast of (Jape Breton in latitude about 46° 30' N. and longitude 60° 30' W. It is connected by a narrow opening with the inner bay known as St. Ann's harbor, which we have here called the inner harbor, because there is also anchorage at the head of the bay. The axis of the bay and harbor lies northerly or northeast. A very small settlement, known as St. Ann's, exists on the westerly shore of the strait connecting the bay and harbor, and a somewhat larger, though scattered settlement known as English-town, containing in all a population of about four hundred people, is situated on the eastern side of the same strait, extending along the shore of the bay and inner harbor. The whole eastern coast of Cape Breton, including St. Ann's bay, is crowded with ice fields coming down from the Gulf of St. Lawrence until late in the spring. What remains of the once famous fortress and city of Louisburg lies on the southern coast of (Jape Breton, somewhat to the eastward of south of the bay of St. Ann's, in latitude of about 45° 85' K, and very close to the sixtieth parallel. Between Louisburg and St. Ann's bay, on the eastern coast of Cape Breton, some thirty miles overland from Louisburg but approachable by water only after difficult passage around Scatari island, Cape Morien and Cape Percy, lie Sydney and its adjacent port of North Sydney. To the southward of Louisburg on each side of the same parallel, but in latitude of about 44° N., lies Sable island ; and to the westward of Sableisland the great bank known as Sable Island Bank, commonly called by the fishermen the Western Banks, extending over more than three parallels and almost connecting with other banks, more or less known, until the Georges shoals or bailks are reached -somewhere near parallel )(>7°, the princi[»al interniediato banks being La Have, the Koseway for halibut at a depth of two hun(lred and fifty fathoms, and ;it even grciiter depths. The schooner Dlla M. JJoughty, of the {jross tonnafte of 75 10-100 tons, U. S. measurement, owneil by r<'putable merchants and other rep- utable people living at or near Portland in Casco bay, which is situate on the coast of Maine in the hititude of the Western banks and between the seventieth and seventy -first, parallels, com mahded by Capt. Warreu A. Doufjlity and manned by a crew of eleven fishermen, nearly all resi- dents of Portland or its vicinity, with expensive trawls and other ex- pensive gear for halibut catching, and fully equipped with provisions, bait and other supplies for the ordinary halibutflshing trip to the oast- ward on the Western Banks and such other banks as might be vis- ited, estimating a trip to hist not over six weeks, sailed from Portland on the twenty-sixth day of April, A. 1). 1880, and arrived ou or near the Western Banks the twenty-ninth of the oame month. Not finding fishing favorable, she soon put away for the neighborhood of batiks in the Gulf of St. Lawrence, but was forced by the ice to seek shelter at Louisburg, where the vessel arrived on the first of .May. She remained there until the sixth of May ; and on that day, the coast being appar- ently clear of ice, she started again on her voyage, but was forced into North Sydney. There she was notified by the customs authorities to report, which she did, and paid harbor dues. Ou Monday, the tenth of May, she ngain sailed for the Gulf, but the next .:^ 8 the case ; ami, moreover, it appears by the letter of the Marquis o* Lansdowne to Earl Granville, of May 10, A. D. 1886, published in the Dominion volume of Correspondence Relative to the Fisheries Question of A. D. 1885 to A. D. 1887, page 5.", the subcoUector telegraphed that: '*The captain acknowledged the facts and showed (he bait l)ought, but claimed that he had a i>ermit or license signed by the collector of cus- toms at Portland, to touch and trade at any foreign port." It appears by the testimony of the subcollector of customs at English- town, that he lirst saw the i/7/a M. Doughty on the the eleventh day of May coming to anchor outside of the light-house in the bay of St. Ann's that he could see her from his own house and saw her all that after- noon, that he seized her on Monday, the seventeenth of May, that then she was lying on the north side of the inner harbor, and that he saw her every day between Tuesday and the .Monday of her seizure. It is clear from this testimony, that although the vessel was thus un- vessel was charged, id to direct that every ss the judge shall other- I with the arrangement libel against the vessel ; 8uf;ceeding the seizure, p. 110 of the Canadian of the collector; because fence which could arise relative to the fisheries, 's or other particulars of ). 1880. ssel had no proper infor- ro only told that, under reafter refer, the burden y ])ossible charge which any of the above alle- to trouble this vessel, ling in the northeastern i; so that the earnings ot merely on their being ipped on monthly wages, of fishermen in port idle ssel; therefore with ref- required from the courts igh the sea, is especially sel caught in a port dis- ice with referenoioual courtesy. The result comes from applying to fishing vessels a system which, with less injustice, is fro- qneutly applied to merohautmeu voluDtarily entering the ports where ])roceeded against. The result of which the foregoing is only au illustration, is that one of these fishing vessels, wholly unprepared for a contest in a foreiga court, proceeding peaceably within the three-mile limit, may be cap- tured, taken into ))ort, held for trial without specific allegations and compelled to acquit herself of a great number of possible charges cov- ering an indefinite iieriod of time, after by force of the nature of pro- ceedings her crew have been scattered. THE "DAVID .1. ADAMS." The David J. Adamn, a fishing vessel of about the same tonnage as the Doughty, belonging in Gloucester, Massachusetts, having no license to touch and trade but having a license to fish, was seized in Digby Basin a few days earlier than the Doughty, on the seventh of May, A. D. 1880. it cannot be doubted from what appears in the depositions in the case, that she was seized for purchasing bait. Indeed Oapt. P. A Scott, by whose authority she was seized, on the eleventh of May, in his report found on page fifty -one of the Fisheries Correspondence above-named, states in terms that he "seized her for violating the Dominion fishery act." Subsequently a charge of not reporting at the customhouse wa* superadded, of which the rei)ort of Captain Scott umkes no mention. The case of the Adams differs from that of the Doughty in respect that the Adams was not in distress, but made a short run from Eastport across to Digby Basin voluntarily for bait, and was in there parts of two or three days. It is claimed she concealed her name and port ; but this is not important, and one of the |>rincipal witnesses for the Crown states distinctly the captain told him that she was au American vessel. In tlie subsequeut proceedings as to pleadings, eftort to obtain a bill of particulars and all other matters, the case wut pari passu wit'i that of the Doughty, except only increased difficulty and expense in obtainiug^ witnesses after they were once scattered, by reason of so many of theui being aliens and living at remote places. Both of the cases remain to this time undecided. It must on the whole be said that the seizures were wholly unex- pected by the Government of the United States and by the owners of the vessels concerned, and involved a change of policy of which neither had received actual warning. No known instructions or orders had been issued in accordance with the fourth section of the act of George Third, chapter thirty-eight. Neither that act nor any act of the Dominion gave any clear warning that mere preparation for fishing was an offence, ex cept for fishing within prohibited waters. The note of Her Majesty'ii ivsst'H wvni Hcutterod unit rt of the Crown, tliat tbo II ; becaUHO in ttio iibHence cqnal tu »ntici|iatin(r all nuk>!S8 tlio witnoMsi's were iiM at tho trial. cotut8 or of tliii bar of in higher I'stueni by the more brilliant record for The result coinett from frith leHs inju8tiee, i8 fro- entering the portH where tn illuHtration, in tl»at one or a contest in a foreign s-tuile limit, may be cap- specific allegations and * of possible charges cov- rce of the iiature of pro- 3." about the same tonnage 'assachusetts, having no use to tisli, was seized in oughty, on the seventh of :he depositions in tho case, loed Capt. P. A Scott, by nth of May, in his report espondence above-named, ting the Doiuiuion fishery i; at the customhouse was^ 3cott makes no mention. >f the Dovghty in respect a short run from Eastport I was in there parts of twa ir name and port; but this lesst's lor the Crown states, in Auierican vessel, ngs, eftort to obtain a bill vmut pari pansu with that f and exi)euse in obtaining ?ason of so many of them ided. izures were wholly unex- ites and by the owners ot of policy of which neither uctions or orders had been f the act of George Third, act of the Dominion gave Ishing was an offence, ex he note of Her Majesty'fi niinlHter at Washington to Mr. liayard.of Mtiioli iiiiioteeii, A. 1). 1880 4 sec Dominion Fisheries ('orrespondi'iici', p. J 1) asked only whether Mr. Jayard would give notice that (inited States lishermeii were prc<;luded from 'Wishing," and called attention to nothing else; any thoni upon tho territorial \xutcrs of the Brit ish provinces for the purpoKo of tishiuf; within thoHO watero, or trcHpuHHiug in nnj' way upon the littoral or inarino rights of the inhahitauts, and at thoNunio time prevent that convention from being iim>roperly expanded into tin iustruuienl of discord by affect- ing intercBts and accomplishing results wholly outside of and contrary to its object and intent, by allowing it to l)erouio an agency to interfere with, and perhaps de- stroy, those reciprocal commercial privileges and facilities between neighboring com- munities, which contribute so importantly to their peace and happiness. On the next day, namely, on the eleventh of May, the Marquis of Lansdowne wrote Earl Granville as follows : As your lordship is no doubt aware, American fishing vessels frequenting the coast of Canada have been in tho habit of ilepending, to u great extent, upon Canadian fishermen for their supplies of bait. It has been usual for such vessels hailing from New England ports, assoou as the supplies with which they had ]>rovided themselves on starting for their trip have become exhausted, to renew them in Canadian waters. Such vessels, if compelled, as soon as they ran short of bait, to return from the Cana- dian banks to an American port would /o«e a great part of their fmhing geagon and beput to cangiderable expenge and inconvenienoe. Without explaining corresponding details in the case of the yldawi*, the seizure of the Doughty was at once accompanied by the follow- ing penal demands, namely : First: Demand for forfeiture of the vessel, already referred to, under which she was bailed for three thousand dollars. ■J/L. 8ouciii(l 8 1(1 : DciiihimI lor Hccurily I'urtutHtM, two liiiiidrcd forty dollarH. Tliinl : L'aymonrot' pnriivlty claiini'd for uot reporting iit tliu (;iiMtotn8, demanded under Heetioii twenty-nine of the cooHolidated euiitoins act of eiKlitL'en hundred eiglity tlnee, l>y wliicii it \n ju'cvided tbat the can- tain ''hIihII forfeit tlie humi of four Imndred dolhirHarid thv i'chhcI may he (k'tained until the naidjlne bo paid." Fourtii : Tlie Hiini of two liundred (h)lian4 re(|nired to ue deposited to ])ay (-o.stH of the proee<>dingH whieli the Crown might take to determine tlie penalty of four hundred dollarH, whieh proeeedingM have never been commenced, although the two hundred dollars is Htill retained. Fifth : A Huit in behalf of the Crown against the captain fur three penalties of two liinidred pounds each. OU8TOM8 LAWS. The consolidated customs act of the Uominiou of eighteen hundred eighty-three, Hcction twenty-nine, provides, if the master fails to make report " he shall forfeit the sum of four hundred dollars, and the vessel may be detained until the said fine be paid."" The nature of the re[)ort required is shown by section twenty-five of the same at^t. It recpiires that vessels entering from ''any i>ort or place out of the Dominion of Canada or coastwise, " whether "laden or in ballast shall gowithoutdelny,whensnoh vessel is anchored or moored, to the custom house for the port and there make report in writing, stat- ing her name," etc., and " whether she is laden or in ballast," ami " if laden, the marks and numbers of every package and parcel of goods on board, and where the same was laden, and the particulars of any goods stowed loose, and when, where, and to whom consigned." It is fluin, that although that section may possibly be broad enough to include fishing vessels, yet whoever drew it <1id not have them in contemplation. As it is in no way fitted to their peculiar circumstances, he evidently liad in mind only merchant vessels. It will not be questioned that when that act was passed, the practice was in accordance with that theory. Fishing vessels had not previously, when c(miing in merely for shelter or for making minor purchases, been required to report and enter or clear. To such extent had this become the prevalent practice, that it never occurred to the sub collector at English town to request or warn the captain of the Ella M. Doughty to report, or to make any complaint that he did not report, although he lay nnder his eyes within a half or three-fourths of a mile of his residence for the larger part of a week. In all the cases to which this paper will refer, with one exception, not only was a new policy to enforce the customs law suddenly de- veloped, but it was done with the utmost severity ; and vessels were not only not warned nor cautioned of the change, but the fines were insisted on and payment compelled by detention of the vessels. For the case of the Rattler we refer to the memorandum of the jiro- ceedings of the privy council found in " the Correspondence lielative to the Fisheries Question in A. D. 1885-1887," p. 136. The memorandum states, in the first place: " It does not appear at all certain from the statements submitted that this vessel put into Sbel- borne for a harbor in consequence of stress of weather." It is well enough to dwell on this, because at ditt'erent times from A. D. 1836 down to the present time (apparently never before A. D. 183G),.it has been claimed in Nova Scotia that the expression of the convention of A. D. 1818, "for the purpose of shelter," should be limited to cases of ?^f^*!R**^A",*^»»-p .'^ :7^^f*-»-<»-n->'ijrt»«fc ^^ ——■••.■iif-i Jliundivd forty dollaiH. h'porthiff lit thocHHtoruM, JoiiHolid to ImiRlit tiiko to determine teediiijjH have iu>ver been I is Htill retained, list tlie captain for tliree lion of eighteen hundred the master fails to make ed dollars, and the vessel by section twenty five of iring from "any" port or nse, » whether " laden or sel is anchored or moored, Je report in writing, stat- en or in ballast," and "if je and parcel of goods on particulars of any goods consigned." )098ibly be broad enough it did not have them in r peculiar circumstances, ?Is. was passed, the practice •ssels had not previously, ogn)inoriMiicha.s(s, been li extent had this become I to the sub collector at of the Ella M. Doughty did not report, although fourths of a mile of his fer, with one exception, istoras law suddenly de- erity ; and vessels were inge, but the flues were >D of the vessels, lemoraudum of the pro- •respondence Relative to It does not apj)ear at all lis vessel put into Shel- f treather.^' It is well times from A. D. 1836 jfore A. 1). 183G),,it has on of the convention of i be limited to cases of tiaibor sought "in consequence of a stress of weather", tlitir the local authoritie.s had the right to determine whether there was stress and how long the vessel might lie on account of such stress, and that their de- termiiiiitioii was conclusive. The memoraiiduin proceeds: *' Immediately upon the /tV(^l a) the the vessel (luring her stay in Shelburne hiirbor"; and the meiiiotandum further observes, as with a (;laim of right, that "every vessel entering a |)ort in Canada is required immediately to report at the (MisIoiiis, iiiid the strict enforcement of this regulation as regards United States llsh- ing vessels has become a necessity in view of the illegal trade transac- tions carried on by United States ilshing vessels when entering Cana- dian ports under pretext of their treaty jn-ivileges." It may be said in this connection thi*t the Dominion government has utterly failed to show, that any facts have transpired indicating that United States fishing vessels have engaged in illegal trade since A. D. 1885, or especially that any vessels which have been liarassseee that be did not otherwise break the law. Subsequent events are not pursued, as the facts concerning them are disputed. The case of the Marion Orimes is described in the dispatch from Mr. Bayard to Mr. Phelps of the sixth of November, A. D. 1880, Execu- tive Document number nineteen, page one hundred fifty-three. The statement of the captain is found in the same document, page one hundred sixty-two, as follows : On the night of Thursday, October 7, the wind blowing almost a gale from the southeast and a he '.vy sea running, we came to anchor in the entrance of Shelburne harbor about midnight for shelter. We were then fully 10 miles from the custom- house at Shelburne. At 4.:U) a. m. of the next day we hove up our anchor to contium* our voyage, the wind having died away almost to a calm. Just as wo bad got our anchor on the bow an otBcer and boat's crew from the .Canadian cruiser Terror, which laid otf Hand Point, some ;) miles above ns, came on board and told mo we must come to anchor at once and go to the custom-house at Shelburne and enter and clear. I at once anchored the vessel and taking my boat and two of my crew started for the custom-house. When we reached the Terror, Captain Quigley ordered mo to come on board his vessel, leave my boat and men and go with him in his boat to Shelburne. I arrived at the custom-house at about S.'M a. Tu. and waited until 9 a. m., when Col- lector Attwood arriveil. I then entered and cleared my vcs;iel and was about to pay the charges and depart, when Captain Quigley entered the olHcc and told the collector ho onght not to clear my vessel, as I had attemoted to leave the harbor without re- porting^ and that the case should bo laid before tho authorities at Ottawa. Collector Attwood then withheld my papers until udecision sliouhl bereceived from Ottawa. I then tried to iiud the American consul, calling at his office thrco times during tho day, and was unable to find him. But in the afternoon found a Mr. Biatrshford in the consul's office, who informed me that my vessel had been fined 8400, and I wired my owners accordingly. At 4 )>. m. returned with Captain Quigley on board the Terror. and when on board he informed me that my vessel wus fined 1400. The vessel was detiiii'.ed at Shelburne until the twelfth of October, and it is understood, she was finally released on payment of eight dol- lars for watching. It is also understood that the faTits ivs stated by the master of the schooner are not dispnted. It is not deemed necessary here to repeat the facts of the violent hauling down ot the flag of the Marion Grimes, as t^jis was afterwards apologized for by the Dominion authorities. Subsequent to the claims made against the Doughty and the Adams for the customs penalties, as already stated, in the early part of May, A. D. 1880, there seems to have been quiet in this matter until early in the following July, when the City Point., O. W. Hushing and O. B. Bar- rington were almost simultaneously seized at Shelburne. The City Point was seized live miles below the town on her way up for some repairs, the captain having stopped to fill his water-casks as a matter of convenience and two men from the vessel, residents in that locality, having landed. The C. B. Harrington came to anchor about seven miles below the town, sent ashore, inquired whether there was any ice for sale, bought none, was soon after seized by the Terror and taken to Shelburne. ler, A. D. 1886, Doiniiiioii l^uigloy reports tbo saiue rbor on the evening of the 4tii oru where I was anchored, and ikot Hignal for lier to round to, vessel. od she pnt in for shelter. The 'essel before he sailed, and that eave two men on board to pee acts concerning them are ed in the dispatch from mber, A. D. 1886, Execu- ndred fifty-three, the same docnment, page >wing almost a gale from the in the entrance of Sbelburne lly 10 miles from the cnstom- loveup our anchor to contiuuo aim. Just as wo had got oar lauadian cruiser Terror, which rd and told me we must come rno and enter and clear. I at TO of my crew started for the Juigley ordered me to come on him in his boat to Sbelburne. aited until 9 a. m.. when Col- j vessel and was about to pay he olHco and told the collector i leave the harbor without re- horities at Ottawa. Collector d bereceivod from Ottawa. 1 office three times during tlio io;i found a Mr. Biatohford in been fiued $400, and I wired in Quigley ou board the Terror. liued $400. i the twelfth of October, an payment of eight doi- ;ed by the master of the • the facts of the violent s«, as tills was afterwards Doughty and the Adams in the early i)art of May, this matter until early \n ^ Vuahing and O. B. Bar Shelburue. the town on her way up to fill his water-casks as B vessel, residents in that t seven miles below the any ice for sale, bought taken to Sbelburne. ;.H- ' .M'llri4> ' ^' ' ~"--^ The (}. ^y. Cmhiny came to anchor about seven u.iles ;>«1«^^^;1'« «"«• torn honsc, sent as lore to ascertain whether bait could be l!"''«>'««ed, Si g none put about to sea, again cast anchor in the evening ott he oSter lighthiuse about ten miles below the town, was captured by the Terror and also taken to Sbelburne. ^ „ i i i +vr..« ^ No pretense was made that any goods were ""'^^^""^ /'"^If ^*^ V^'" these vessels, or that there was any intention of smuggling. I » « <^;'P^ tafn of each of them was acting innocently and in 'i<'«or«l'*"«« ;y > ^.^jj^ long continued custom on that coast ; and yet the owners of each were conflXl to pay the fine imposed by the 29th section reierrod to, and never have been able to secure refunding thereot. "J^e s?Itntes of Canada with reference to this penalty oi iou^^ dollars provide that the vessel may be detained until the hne is paid. Thev Bive the owner no opportunity for hearing, place his vessel ou de- mur rale until he pays the fine, and provide no specific proceedings lor SSJby which he may recover back the fine or ascertain his just ^''Kim'd S: were numerous other cases quite as technical and severe as these which have been described; but it is not necessary to delSl them! as the seizures already cited are admitted to have been made in pursuance of a policy, and the other cases to a certain extent involve disputed questions of fact. ., The same remarks may be made as to those hereafter cited dlus- tratinir this rigorous policy of A. D. 1886 in other respects ; which pol- icvh°f 8 ice been modified only slightly, if at all. It isenough to say, St^^a^ sTn'as therhing vess/lsot^he United States fully unde^^^^^^^^ this nolicv thev avoided so far as possible the ports of IS ova Scotia, and Abandoned the benefit of the treaty right of shelter in prelerence to incuS The risk of a harsh application of a system the complica- tions and limitations of which they could not understand. LANDING OF OREWS OF FISHING VESSELS PROHIBITED. The course about this appears in Oapt. Qnigley's report relative to the slvMateJ September thirtieth, A. D. 1886, Fisheries Correspond- ence, p. 140, as follows: In the case of the Shilo she came into the harbor about 6 p. m. on the 9th of Au- that he did not otherwise break the law and that my inhtructious were caiutu Again on the same page he states the general policy as follows: In all cases where a vessel puts in for shelter, the captain i-^Ponr/IlrivitroViI his crew are not allowed ashore, as the vessel only puts m for the privilege ot a which he is ordered to sea. In Capt. Quigley's report of the nineteenth of January, A. D. 1887, about the Jennie Seaverns, p. 237, he says his instructions to the cap- 't'9iill W61*6 * After he reported, no person from his vessel was *« g«f ^^'^'i^Vul^it tufp^^^ put in for, uamelv shelter, and he reported his vessel putting m with that puipose Snd no other; not for the purpose of letting his crew on shore. In the affidavit of Capt. Tapper of the Jennie .f »^«*-««'/' 236, he says he asked Capt. Quigley for permission to visit some of his rela- 12 tioiiH who rt'8idel denied him. He also says some of his relatives came ott" to see hit and when Capt. Quigley saw their boat alongside he sent an officer ail boat's crew and ordered them away, and at sundown placed an armd guaul aboard his vessel. Capt. Tupper continues, that he hid cod plied with the Canadian laws and had no intention or desire to vioial them in any way ; and he describes himself, notwithstanding his innl cent intention, " as l)eing made a prisoner on board of my own vessi and treated like a suspicious character." The report of the committee of the Privy Council of March 23, A. 1887, 1). U34, while it does not contravene the statements of Capt. Tujl per, affirms the conduct of Capt. Quigley and concludes that Cap! Tupper had nothing to complain of, as he came in so]<:;ly for shelter ani this was not denied Iiim. The report, however, directs a more moderat| course in the future. It is the purpose of this paper to avoid cases the facts of which ar^ not admitted by the Dominion authorities. Nevertheless, the statt ment of Capt. John McQuinn is worth quoting, although so far a| known it never has been admitted or denied by the local officers. Hf went into Canso in the Druid, having before transferred to her fror another vessel a young man who desired to go to his home at Canso. He says: "When I got into Canso I reported. He was in a hurry to geli home to college, but they would not allow me to land him. They al- lowed it first, but fetched him back, and 1 finally had to take him aboard and bring him home," that is, to Gloucester. This statement is found in Senate report K"o. 1683, 49th Congress, 2d session, p. 133. The controverted statements as to refusals of permission to land in' case of sickness are not dwelt on ; because in the onlj' case where ap- parently the facts are not controverted, namely, the Craig at Brook- lyn, Nova Scotia, the action of Capt Quigley was overruled in the in- terests of humanity by his superior officer, Capt. Scott. REFUSALS OF PETTY AMOUNTS OF PROVISIONS. The circumstances of these cases so clearly indicate that they were in pursuance of a general policy, only two need be cited. It appears by the report of the Privy Council of March 31, A. D. 1887, p. 241 ot" the Dominion Fisheries' Correspondence, that the collector at Port Hood refused the Mollie Adamn on her homeward voyage on the 25th of October, A. D. 1886, permission to purchase a half barrel of flour ; and Mr. Attwood, collector at Sbelburne, by his report of Jan. 5, A. D. 1887, p. 235, on the 6th of October declined to permit the Laura Sayward, then homeward bound from the banks, to purchase seven pounds of sugar, three pounds of cofi'ee, one barrel of potatoes and two pounds of butter without authority from Ottawa. Between four and five o'clock in the afternoon such authority was telegraphed for, and no reply having been received the next morning at half-past six, the wind being fair with a good breeze, the vessel concluded to wait no longer. The collector adds. Cap... Eowe said he had plenty of flour, flsh and other provisions sufficient for the voyage home, that the collector did not consider it a case of actual distress, and that all the vessel really needed was water. vessel bad made bu U •, 'ea, stating to Capt. Qu , [■ I aud tbat tbis piWet. was 'latjvescameofftoseebm^ »"g«,de be seuta.. office, iuj t 8in,dowM placed an armed continues, tbat be bid com- "tentiou or desire to vioJaTe "' ""twitbstandiug bis inno- on board of my o\n vessel ; Council of Marcb 23. A D lie statements of Capt. fun: and concludes that Capt. amemsoHyrorsbelterami vei, directs a more moderate ases the facts of which are '• Nevertheless, the state- "ot.o«, although so far as I by the local officers. He ore transferred to her froni otohisbomeatCanso. H^ He was in a hurry to set ;ne to and him. They^I l^flnallybadtotakeU fo. 1683, 49tb Congress, 2d 8 of permission to land in ^ni?*" r'^' ^^«« ^^liere ap- nely,tbe Craig at Brook- P PROVISIONS. ■ indicate that thev were ed be cited. "^ IofMarcb3I,A.D.1887, ^uce, tbat the collector at 'r homeward voyage on purchase a half barrel of e, by bis report of Jan. 6, aed to permit the Lanra anks, to purchase seven irrel of potatoes and two awa. Between four and telegraphed for, and no tr*?^^^ six, the wind lurted to wait no longer. )le.ity of flour, flsb and B,that the collector did lac all the vessel really 13 SHIPMENT OF FISH IN BOND. The twenty-ninth article of the treaty of Washington of A. D. 1871 is understood to still remain in force. Under that article, and even in- dependently of it, the practice of deliverinsr at ports of the United States merchandise intended for points in the Dominion, and at ports in the Dominion of merchandise intended for points in the Unitej be done by any country, 8hing in the deep sea." of which is the same as [iitcd, and on the first of nployed as fiKhories police ritic, schooner F, E. Con- , the schooner Lizzie TAnd- perhaps others; and it is 87 was even hirger. Yet en captured, naniel>', the e detected and their boats 3d whether the case of the on of t"he limits, although re by the letter of the law Dund of international rec- ire the i>ossessious of the property carry with them linst which the Dominion iolating the rules of good this involves trouble and uy less burden than other s. Y LEGISLATION. inion and Provincial legis- thereto attention is called of the act of A. D. 18U8, Mzed on bail only " with rty;" although there has ng the last two years, dinary provisions peondence on the subject between the Governments of the United States and of Great Britain. " By the provisions of this act any foreign ship, vessel, or boat, whether engaged in fishing or not, found within aiiy harbor in Canada, or within 3 marine miles of 'any of the coasts, bjiys, or creeks of (Janiida,- may be brought into iiort by any of the officers or persons mentioned in the act, her cargo searched and her master examiueenalty if the tpiestions asked are not truly answered; and if such ship has entered such waters Mor any purpose not i)ernritted by treaty or convention, or by the law of the United Kingdom, or of Canada, for the time being in fe're, such ship, vessel, or boat, and the tackle, rigging, apparel, furnit «>, stores, and cargo thereof shall be forfeited.'" Tlie phraseology of this act is so sweeping and general, that its en- forcement under high political pressure in Canada would jirobably in- volve a confiict with the United States of a serious character. The Marquis of Lansdowne in his dispatch to Earl Granville of May 19, A. D. 1880, Dominion fisheries correspondence, p. 55, points out the purposes for which this act was intended. The language of the act gDes far beyond any of those jjurposes. A comparison betweeu this iict and Imperial legislation appears in the Appendix. The United States has not failed at every step to remonstrate ur- gently against all this unfriendly legislation, which originated as al- ready stated, in Nova Scotia in A. D. 1830. The diplomatic correspondence shows sufficient'v well that the act was not known in the United States until the seri^^sof difficulties com- menced in A. D. 1839. It appears by the letters of the acting Secre- tary of State of July 10, A. D. 1839 (Senate Document Ist. session, 32nd Congress, vol. 10, p, 100), that the United States then claimed seizures were beitig made for causes of a trivial character and with a rigor not called for by circumstances ; but the dispatch proceeds to express con- fidence that justice will ultimately be done the snfi'erers by colonial courts, which expression subsequent correspondence shows was in ig- norance of the peculiar provisions of the statjite of A. D. 1830. This became known at Washington a few months alterwards, as appears by tht' purport of Mr. Forsyth's dispatch to Mr. Stevenson of Feb. 20, A. D. 1841, same volume, p. 100, wherein he nsed the following language: _ III short Bouie of those rules and regulations are violations of well-established priu- ciplesof the common law of England and of the p/iociples of all just powers and of civilized nations, and seem to he ospressly designed lo enable Hei- Majesty's authori- ties with perfect impunity to seize and contiscate American vessels and to embezzle almost indiscriminately the property of our citizens employed in the fisheries ou the coasts of the British possessions. This was communicated to Lord Palmerston by Mr. Stevenson March 27, A. D. 1841, p. 115.. Subsequently Hon. Edward Everett, minister of the United States at London, in his note of Oct. 9, A. D. 1844 to the Earl of Abenleen, p. 132, reasserts the complaint of Mr. Stevenson and proceeds as follows : The underaigned again feels it his dnty on behalf of his Government formally to protest against an act of this description. American vessels of trifling size and pur- sninga l>ranch of industry of the most harmless description, which, however benefi- cial to themselves, occasions no detriment to others, instead of being turned off the debatable fishing ground — s remedy fully adequate to the alleged evil — are proceeded against as if engaged in the most nndoubted infractions of municipal law or the law of nations, captured and scut into port, their crews deprived of their clothing and per- sonal effects, and the vessels subjected to a mode of procedure in the courts which -i^ 16 kmoanta in many oages to conflsontion ; and this is done to settle the oonstrnotion of a treaty. A couroe so violent and nnnecessurily harsh would bo regarded Ity any government as a Just: cause of complaint against any other, witli whom it might differ in the con- Htrnctioii of a national rompaoi'. But when it is considered that these are the acts of a provincial government with whom that of the United States has and can have no intorconrse, and that they contiuue and iire repeated while the IFnited Htatef and Oreat Britain, the only parties to the treaty the pnr|)ort of whosu provisions is(;alle>sioii of the precise proposition whether or not fishing vessels might purchase sn|)plies at Provincial ports the same as merchant vessels might, |)rovided they complied with the customs laws and relied on tbe same usages as mer- 92 A 2 18 ohant vessels did, and subjecf^d theinHelves to the same HraitationH and restrictions. The attention of Nova Scotia vraa, liowever, later nailed to this pro- uise question in the corre8|)onden(!e between Capt. Daly anbery. Our tiHbvrmen complain that American veHttels, with all their other udvautugeH, HbJIlbl be allowed to lit out 80 convenient to tbe ilHhiug ground. Ah tbe book and lino tlttbery ban not an yet commenced on Cape Ureton Hhore, I will await your iinswer in viHitiiig all parts of the xtralt and Arichat, calling at Plaister Cove on mail day, where you will please direct. I am, sir, yonr most obedient servant, The Honorable Joskpii Howk, Jamks Daly. Provincial Setretary, Halifax, PRoviNciAL Secretary's Office, September Ut, 1852. Sir : deferring to yonr letter of the !ji)tb nit., I beg to acquaint you that American vessels which have regularly entered at a port where there Is a revenue olUcer can laud fisb or purchiise barrels; but they have no right to an irregular use of this priv- ilege at places where no officer is stationed. I am, sir, yonr obedient servant, Joseph Howe. Capt. Daly, Commanding Schr. Daring. The secretary in his reply uses only the words, "American vessels;" but, as Capt. Daly was asking specifically al)out an American Ashing schooner, and as there could be no possible doubt that merchant ves- sels might lawfully do the things iu the manner stated in thu reply of the secretary, it can not be questioned that he in his reply also intended to cover flsliing vessels. As appears by the Appendix attached hereto relative to "warnings" and circular 371 in A, D. 1880, so in A. D. 1870, four years after the ex- piration of the flrst reciprocity trci.ty, and also after the Dominion Gov- ernment concluded to refuse licenses to American tishing vessels, the ob- jection made with reference to such vessels was simply that they should be prohibited from fishing. This appears first in the note of the minister of justice of Canada, dated April 8, A. D. 1870, p. 40f*, Foreign Relations of the United States, 3d session 41st Oougress, wherein he states that " henceforth all foreign fishermen will be prevented from fishing in the waters of Oanada;" and this letter was communicated by Sir Edward Thornton to Mr. Fish April 14, A. D. 1870. So in the instructions from the li^nglish Admiralty in May, A. D. l'S70, appearing pp. 415 and 410, which were communicated on the 26th of May, A. D. 1870 by Sir EdVard Thornton to Mr. Fish, the vessels of Great Britain were expressly directed " not to seize any vessel unless it is evident and can be clearly proved that the offence of fishing has been commitetd and the vessel itself captured within three miles of land." It may, perhaps, be justly said that in giving these instructions and the other instructions which we hereafter copy, the Imperial Government was seeking the friendly side ; but nevertheless such instructions in 187 as ktiou8 aud this pro- I the late AN8U, I8th, lHr.2. icHii flstiing tho tiling ia ikwl loe if it opiniuu of of herrings il tt»hery. ttUvantageH, ho hook una yonr iinswer III iimil day, MK8 Dalv. FFICE, r Ut, 1852. mt Ani«rican u olUcer can of this priv- pii Howe. in vessels;" can flsbiug irchant ves- be reply of io intended 'warnings" ifter tbe ex- uiniuii Gov- Hels, tbeob- tbey sbould of Canada, the United ' benceforth B waters of rhornton to tbe English which were d Thornton •ected " not roved that ilf captured Lictions and rovernmeut Tactions in 19 connection with the other matters to which this paper calls attention, are certainly confirmatory proof, even it' of slight weight. [t seems that, notwithstanding those oiUcial communications from Great Britain to the United States, and witliout notice, the fishing ves- sels of the United States were later in the season ordered ott" and pro- hibited from taking bait and supplies; and in conse(|ueiice thereof tbe Assistant Secretary of State, by his circular under date of 8ii[(t. i;J, A. D. 1870, appearing p, 427, directed an inquiry as to tbe practice with reference to shii>ping fish in bond and with reference to obtaining sup- plies previous to tbe date of the first reciiu-ocity treaty. Mr. Jackson, consul at Halifax, in his report of Oct. 3, A. I). 1870, p. 428, replied as follows : '' In no act is there any prohibition against fishing vessels visiting colonial ports for supplies. Tbe silence of all the acts upon this point, and the practice of more than half a century under Imperial laws framed expressly for the purpose of carrying into effect the provisions of the treaty, justify the conclusion that no such prohibition was contemplated. This view of the subject derives additional support from the fact that at the time of the adoption of the treaty the mackerel fishing, as now carried 0!i, was comparatively unknown. During tbe intervening years between 1818 and 1870, throughout all the controversies between the United States antl Great Britain on the subjectof the fisheries, no question, until the present, bad arisen in refer- once tojjupplies. They were always readily procured in colonial ports, and tbe trade being profitable to tbe people of tbe colonies wus facili- tated by the local authorities." And again on p. 431 in the same report he says the proceedings were " contrary to all former practice" and that " these rigorous measures were now for the first time adopted." The consul-general at Montreal on the 3rd of November, A. D. 1870, p. 433, speaks of these matters as " acts which the captains of Ameri- can vessels bad been permitted to do from time immemorial, as well be- fore as subsequent" to the treaty. The " Sessional Papers of Canada," volume four, 1871, contain in many places indubitable evidence of the practical construction given to the law and treaty on this point, as follows : Lieutenant Cochrane said in a letter of September 30, A. D. 1870 : *<■ The collector at St. Andrews informed me that tbe custom-house offi- cers bad no orders against allowing American fishing vessels to go in for salt or stores of any description whatever." The lieutenant-governor of Prince Edward's Island, November 23, 1870, speaking of the American fishing vessels i^urchasing supplies, said: "The people look forward with satisfaction to reopening their ports next summer to their remunerative and welcome visitors." Lieutenant Cochrane again wrote November 18, A. D. 1870: "The inhabitants of the Nova Scotia coast, from St. Mary's bay to Cape Sable, I believe prefer the Americans coming in, as they are in the habit of sell- ing them stores, bait and ice." Commander Bateman wrote November 1, A. D. 1870: "Tbe collect- ors of cnstoms at the places 1 have Dcen at, inform me that they have no instructions to prevent American fishing vessels from buying supplies, as ice, bait, etc." Commander Poland wrote November 18, A. D, 1870 from Charlotte- town: ''Every facility is given in the ports of this island to flsbermeu for obtaining and replenishing their stock of stores and necessaries for fishing." 2() In tlu? ili»i)tttcli from Kiirl Kimberly to Lord lilxgiuof Miuvli 17, 1871, the following appearH: ♦'I think ir riglit, iu)w»ivor, to aild that tho ifsponHiblUty of detiu- inlnint; wliat is tU« tine construction of a treaty inado l>y lier Majesty with any foreign power mnst remain witli Her MiO»'sty'.s t^overnment, and that tho (h^gree to whicii thin country woiihl niiiiio itself a party to the strict enfovceujent of treaty rights m ly deptMi.l not only on the lib eral construction of the treaty, but on the moderation and reasonable- ness with whic^h those rights are assorted." And in another dispatch from the same to the same of February l«, 1871, appears the foUowing: "Th(i exclusion of American flshermon from resorting to Canadmn ports except for the purpose of shelter and of repairing dauniges Therein, jiurchasing wood and of obtaining water, might be warranted bv the letter of tho treaty of 1818 and by the terms of the Imperial act 59, (Jeo. HI, chap. 38; liut Her Majesty's Government feel bound to state that it seems to tliem an extrenie measure, inconsistent with tLo general policy of the Empire, and they are disposed to concede thi» point to thM United States Government, under such restrictions as may be necessary to prevent smuggling and to guard against any substan- tial invasion of the exclusive rights of tishiug which may be reserved to British subjects." BENEFITS WHICH CANADA, AND ESPECIALLY THE MARITIME PROVINCES, ABE RECEIVING PROM THE UNITED STATES IN MATTERS OF FISH- ERIES. Bflie.— Clams are the best bait for hand-line Ashing for cod on the Grand Banks and elsewhere. The maritime provinces have no clams, and the need of the Dominion fishermen for clam bait is greater and tho quantities required by them in excess of the need and use of Dominion herring bait by Ashing vessels of the United States. As clam bait is by the tariflf customs law of Canada free, it seems to come into the Dominion without much care as to reporting it, and the extent of the transactions is not shown by the Dominion statistics. The amount of bait exported from only the port of Portland, Maine, direct to ports of Nova Scotia for each of tho seasons A. D. 1885, 1880, and A. D. 1887 are shown by the copy of the statement of Josiah Chase, deputy collector of customs at the port of Portland, in tho Appendix, and other such exports from the United States to the maritime prov- inces also appear there. Fr«e rtsA.— Canada and Newfoundland enjoyed the privilege of ex- porting to the United States free of duty in the year ending June .JO, 1886 to the value of $1,065,381, and in the year ending Juno M), 1887 to the value of $1,155,674, according to the statement appearing in the Appendix headed " Imports of Ash into the U>nited States free of duty." These amounts exceed the amounts of imports of Ash for tho correspond- ing periods subject to dnty. Transshipment in bnnd.—Uy the ruling of the Treasury Department of the United States large quantities of Dominion Ash in ice and Dominion frozen Ash are admitted free of duty into the United States. Accord- ingly fresh mackerel are caught in the Gulf ot St. Lawrencs by Do- minion Ashermon, iced, transferred by them to rail at Port Mulgrave, Pictou and other ports on l he Gulf of St. Lawrence, and shipped free of duty to Portland, Boston and other points in the United States, not- withstanding the same privilege is refused Ashing vessels of the United aifli 17, 1871, lit.v of detai- ner MiijeHty (lovM^riiiiii'iit, icil'ii party 1<> ily oil ihi'i lib (I reiMoiiable- February 10^ to Canadian iug damage^i be warranted e Imperial act feel bound to stent with tLo ) concede Muh 'ictiouM HM may t any Hubstaii- be reserved to ttE PBOV4NOK8, FERS OK FISH- for cod on the have no clams, [greater and the se of Dominion •ee, it seem 8 to u\g it, an Dominion and the United States, that nevertheless the total values imported from the Dominion into the United States for the year ending June 30, A. D. 1880, free of duty, was $12,(H)5,503, as against dutiable merchandise $25,300,103; and that reverse imports for the same jieriod free of duty were 115,108,107, against subject to duty $20,050,876. These values are in excess of the average free imports under the re- •ciprocity treaty of A. D. 1854. These figures are not given as attempting to indi(!ate any balance of benefits pro or con, but as showing that there has grown up a practical reciprocity of great value, which will inevitably increase with the con- tinuants of friendly relations and will be destroyed under reverse con- ditions. PORT DUES, COMPULSORY PILOTAGE, AND OTHER CHARGES OF LIKE CLASS. It is understood that light-duties and fees for buoy service have been exacted from vessels putting in for shelter at sundry ports in Nova Scotia. Hon. M. H. Phelan, consul general of the U. S. at Halifax, Nova Scotia, wrote, Aug. 20, A. D. 1880, as follows : The Hchooner Citg Point, a flshine vesoel belouginK at Portland, Maine, waa driven into Halifax by tbe late (ttorm, with sails torn and otberwiae in need of ropairH. Slie reported at the cuotqm-honse, I accompanying tbo niaHter, and there I paid one dollar for harbor dMitieH, one dollar for signal charges, and fifty cents for nialiing ont papers. I dniy entered my protest against all these charges. Before tbe Committee of the Senate of the United States on Foreiga Belations, as appears by Senate Report No. 1683, 40th Cong., 2nd ses- tiioD, p. 160, the flshiDg schooner Ontario pat into St. John's, Newfound- laod, in June, A. D. 1886, paid lightdaties twenty-four cents a ton on «ighty-six tons; water rates five cents a ton on eighty six Ions, pilot- age inward and outward seven dollars and fifty cents, although she neither took nor needed water or pilotage, and it is understood put in for shelter. It is understood that light-duties are frequently charged United States fishing vessels seeking shelter in the waters of Newfoundland. Efforts to obtain information as to the various charges made in Do- minionports have not resulted very satisfactorily, and either there is a lack ofuniformity in the various ports, or onr efforts to obtain informa- tion have not been sufficiently thorongh. 22 A ^r, I'kilaH to Mr. Aite, U. H. CoNSUI.ATK-()KNKHAt., HaH/(u, S. S., Sov.**, IMHT. {Ue«eiv«n oiitiMiiin aC'iiniullttii port lor hli.ro i-efiiMd ouch vf)iHf>l. Th« or only, which wai» itury of thu itilotii' mm wore liuulo for , Tbia offlo« conid to you : , AitffMit uo, mm. Halifax hiirbor for I mioh pllotttgo not M. H. I'llKLAN.' I (tetain the vbhiwIh' alloii, it WU8 foiiiiil L'U'urnd. Tho p. lot Im rnlin((N, but huh- loii IniH ariHon m.iv- ild ank yon to puHH. . II. I'llICI.AX, itl-Oeiural V. S." • KPARTMKNT, awa, Kov. 4, IH8", to acktiowjeilijo tb<> ivo to certain pilot- f Halifax, aur f such dnes. JHN Hardie, iniaUr of Maritte." thing like this: bor, and snch other intage and all other I do not think they artiuent. The right ntcring her barborH- raid be settled ; and .nierican vessels and M. H. PHBI.AN. nun. c«NrK»«iw« •' wahniwo-" wmon tmk miNirricH or jii*hi«b AND IfllWIdTB* OP PIIIMKKIKW AT OTTAWA. IN A. D. INM. A» ftPiMMtrH in tlie text, the flrnt knowledge of these had by the 8tftte Departme..t at Washh.gton was about the pth of May, A. D. 1886 which waL Heveral week* after the Adamn and Doughty y>eri> seiml the Arfam. h^viSg Ten seized on the seventh of May and the Doughty on ^'^Ti;riX:^g rtS- ««, to thepon^mon volunje of ; Correspond. T ?6lf i;.^rJ'?h:'£;;:is^n!!^^^^^^^^ l^e^a Granvnie ou thf twenty ffi of March, A. D. 1880, enclosing copy of "warning," which iffiispata. says » ^as publish^l " ; bi.t where published, or to "HirtKcrorfirtions which had bee,, issued to the fisheries o^rtetc, dated March nineteenth, A. V. IHSJ ; ;v>!'«;l' '""J^I^J'JJf^ as appears by the index of the volume, were confldentml. AUii y rate ?t is believed that they were not known either to the United States or 'Vbe "^warning" enclosed purports to bear date March 5. A. D. 188«, was sicned by the unnister of Marine and Fisheries, and warns all for- S^nvKL not only from flshiag but from entering <.xcept for the pur- nnRAH sDecified in the convention of A. D. lolo. „ , »i ^ On the twe tyninth of May, A. D. 1886, p. 64, Mr. Bayard caHed tbe attention of lieJ Majesty's minister at Washington to a copy ot circular ^l'J^3**rD.''ii86!r66, cables were passed to E...rl Koseberry by Mr pEelp« concerning the 'same n.atter, and Earl Granville cabled the Marniiia of Lansdowue for the purport of circular JSo. 6ii. xScablhig Beems to have called the attention of the Home govern- men to ?he" warning" purporting to bear date the sixth of MartJ., tor SI, the fourth r.Tune, p. 66, a cable is sent to the Marquis of Lansdowne ""tS*^? followed by correspondence which appears pp. 66 and se- queSS.rdt^U.d i'n the am'ended ;* warning,^^^^^^^^^^^ sets out the provisions of the convention of A. D. 1818, certain proviB ions of statute law, avoids specific information, and ends merely with thrwords : -Of ali which you will take notice and govern yourselt ac- "^^Mftv^?^ A D 1886, p. 31, the commissioner of Customs also issued a ''Sing^o?c.irSr!known as circular No. 371, and which probably, wlsthe only circular obtaining general publicity. As this bears daU th« dav the Adams was seized, of course it could not have come to her knowtedg^ Th 8 afso seems to have been criticised in the correspond^ eZalready referred to, and the efifect of it in its amended torm was 83 ,i . t . y .. jm , ; , ,i i »^j' i iTi^jt7?'t^^''''^^'-^' ' ^S'''''-T^ 24 stated by tbo Marquis of Lausdowue, p. 70, as follows : " Every tisbiug vessel belonging to the United States found contravening the existing Canadian statutes will, if not departing within twenty-four hours after receiving such warning, be detained under the conditions prescribed." Subsequently the circular was further amended on or about July 12, A 1). ISSt), as 'appears p. 32; and then for the first time it was made specifically clear, that if a vessel had been fishing or preparing to fish, the twenty four hourn were not to be allowed her, but an oflicer was to be i)Ut aboard at once. All these circulars use the language of the statute, " preparing to fish within three marine miles of the shore," and not the language now claimed as the construction of the statute, "preparing within three marine miles of the shore to fish." lu any event they were contradic- tory, inconsistent, and misleading. EXPOBTS OF CLAM BAIT TO THE DOMINION. Slatemenl of clamt exported from the port of Portland, Me., to the Dominion of Canada, during the years of 1604, 'H5, '06, '07. Date. ITame of veaael. 1884. Mar. 24 Apill 2 June U 21 27 1885. Mar. 28 30 April 10 20 May 29 June 1 8 1886. Mar. 24 81 Ap'l 5 « May 20 June 2 1887. Apr. 4 7 Ha; 23 I Br. gc. Haunah Eldredge . •' " Uivina " " KovarfStella " " Kider " " Ocean Bride '• " Annie M. Bell " " Matilda Ellen Maud Hannali Kldrldge .. Edward T. Uueaell.. Blanche Bridgewntpr Packet Ocean Bride Royal Ciiarlie Fk'ga and oontenta. Alice Iioniae . Nova Stella... Ella Maud.... May April Nina Page... Ella Mand . . Clifford EllaMaad. . Minnie May. 898 barrels dams. 657 " " - 560 " " - 720 " " • Value. Whence exported. 223 803 717 120 905 230 499 295 644 235 11,024 b'r'laoUms. 180 I I* 94 ■ 686 ' 251 835 97 4 (• 870 640 t (1 185 ( It «902 3,942 3,920 5,040 4,421 1,638 720 4,4r>9 1,493 5, 428 I 631 5, 655 I 3, 84u I 1,110 I 1,227 1,978 I 3,044 71U I 5,320 1,265 ! Cape iHland, N. S. Lockport, N. S. Pubnlco, Cape laland, Lockport, Barringlon, Lockport, Lunenburg, Lockport. Barringtou, Lockport, Shelbnrne, Lockport, Barrington, 2, 670 , 1,623 2,856 1,175 «6S,976 Lockport, Port Medway, District of Portland and Falmouth, Port ok Portland, Maink, October nth, 1887. 1 losiaU Chase, deputy collector of customs for the port of Portland, Maitio, hereby certify that the customs records aforesaid show exportations of clams in barrels from this port to ports in the Dominion of Canada, dnrins the years 1H84, lo85, 1080, and 1887. according to the foregoing statements. ^^^^^^^ ^^^^^^ ^^^^^^ Deputy Collector of Cnatoma. ■ Every flshiug ig tbn existing ur hours after 18 prescribed." about July 12, e it was made iparing to flsb, I oflicer was to 'epariug to fish language now y within three t^ere eontradiu- N. minion of Canada, ence exported. 1 N. N. 8. 8. nd, t, on, t, irg, le, •t, ton, •t, idway. LMOUTU, \ND, MaINK, )ctobfr nth, 1887. and, Maino, hereby 11118 in barrels from B84, liS85, lt!8*), aud 8E. [seal.] lector of CvBtoms. 25 Ct!«TOM-U<»t»K, iioSlON. MaHS., Collector'n Office, Nov. -i, 1887. ^ . /I,- n /■rn». ihfi vort of BoHton to the nominion of Canada during Exportation «/ "J^^'J^/.^.^^^^^^^^^ 1880, 1H87, rc.pectivel,. jnLT 1, 1884, TO JUNE M, 1885. American British .. Steamer Carroll . . - .. Worcester .. Total Brig Schooner . Clio Clyde Cyreiio Henrietta. -■• Mary B. McPoiigal . NaroiBBii8 Elval Virginia 391 698 100 97 60 61 20 127 50 105 «2,4aT 4.415 606 450 384 125 762 50 600 1,615 JULY 1, 1885, TO JUNE 30, 1886. American. British . . ■ Steamer . Schooner Carroll Worcester . . . . Alpha Dominion LinnO'Dee-- Diadem W. B. Stowe.. Amanda Blanche O ..■ Blizzard D. A. Maher. Loalse - Mary Alice . . Narcissus — 8. G. Irwin.. Total. 315 190 100 120 100 50 223 60 20 233 45 90 110 224 25 Taos 10, 352 •1,781 1,051 100 305 600 300 1,116 300 120 1,398 260 450 550 1,344 126 ~~9,789 JULT 1. 1886, TO JUNE 30, 1887. American j Steamer British Brig Schooner Total. „ ,, 504 Carroll..-. I ,^5 Worcester 1 j,j Alpha, :';: 65 Dominion 1 jg^ Yarmouth ' Clio Conductor Dexter ' Donzella ■ MaryC Morris Wilson 197 256 30 111 90 85 1,030 257 130 332 1,083 1,360 210 666 525 510 1,783 8,982 RECAPITULATION. American. British. Mscal years. Steam. i Sail. Steam. Sail. Bbls. !■ ■ Value.! Bbls. Value. Bbls. Value. Bbls. Value, 989 505 669 1 626 1,180 709 «3,510 July 1, 1884, to .Tune 80, 1885 July 1 1885. to June 30, 1886 Tniv 1 iMftn tn Juno 30, 1887 21832 ; 3, 919 ;: 220 345 «005 710 6. 052 4,344 Total 2,163 13, .193 1.... 6115 1 1,024 , 2,575 1 13,006 Grand total: Barrels, 5,303; value, »29,123. ReBpeotfuUy forwarded. J. M. F18KB, Special Deputy Collector. J- s- ^ '^' -y' -T -y^^: ^^' 26 HOSPITALITIES BECBIVED BY DOMINION VESSELS IN UNITKU 81'ATEH WATEnS. Portland, Maine, Oct, 16, 1«87. Dear 8ir: Will you kindly give me answers to the following questions, so far as vou cuu, in your re|ily following each question with its answer, and merely answer- ing the questions without additional statement f It may be, when I get this, I shall have to trouble you again, but I hope not. 1. How long have you been deputy collector of the port of Portland, Me. f Answer (1). Twenty-three (23) years last April. 2. Under the laws and regulations, how long may Dominion vessels, whether en- gaged in the fisheries or uthurwisc, lie at the port of Portland before being required to report at the custom-house when in only for shelter f Answer (2). Twenty-four (24) hours. 8. In cases where such vess -Is do not report within twenty-four hours after arrival what is the practice with reference to obtaining reports from them f Answer (3). Boarding oflScer boards all vessels arriving from foreign ports on their arrival or as soon thereafter as potisible. He obtains and deposits at custom-house manifest of the vessel. This is accepted as a " report" firom the master. 4. Dnring the time }-ou have been deputy collector, whether or not there have been numerous cases of Dominion vessels, including vessels engaged in Ashing, in oar port which have failed to report though lying more than twen'y-four hoars after arrival t And, if yes, what penalties have been imposed for such failures during the whole term of your service t Answer (4). As I remember, there have been many instances of Dominion vessels failing to " report," though lying more than twenty-four hours after arrival, their presence having been overlooked by the boarding officer. I do not recall from memory a single instance where or when the penalty for such failurt> was imposed, and find no reference to such payments on the records of this o£Bce. 5. In case of such vessels arriving in this port for shelter, are they forbidden ur prevented from landing any person aboard of the vessel t And if yes, are they re- quired to report at the custom-bouse simply on account of such landing? Please explain quite fully the practice about this. Answer (5). "Such vessels" arriving in this port for shelter are not forbidden ur prevented from landing any person from on board except /)a«9(-n<;er8.' In that case a " report" and a '^passenger eiitn/" is required. The " report" in this case is not of a character requiring an "entry" ot the vessel. The "passenger entry "is made by the master of the vessel. 6. What has been daring that time the practice with reference to purchase of ordi- nary supplies and fishing supplies by such vessels, and are such vessels required to report at the custom-house merely in consequence of making such purchases f Answer ((>). The practice in the matter of purchase of ordinary supplies and fishing supplies by such vessels has been that there have been no restrictions upon masters or crews within my recollection, relative to such purchases. Vessels would be required to "report" within twenty-four (24) hours in any event, but not " iu consequence" of making such inircbases. 7. What is the practice with reference to requiring vessels to report who touch in for shelter under Richmond's island, or other places which are within the limits of this port as known to the law, yet are distant Ave or ten miles from the custom house itselfr Answer (7). No customs officers are stationed at the points or places named in 7tli interrogatory. No reports to my knowledge have been received from vessels seeking shelter under Richmond's island, or at points distant five or six miles from the cnstoni- house. 8. Have you any statistics, either official or unofficial, showing the number of such vessels seeking shelter at this port during any of the last three or four years f If yes, kindly give them to me; if not, kindly advise me, if you can, where I can obtain them. Answer (ti). There have been sixty-nine (69) such vessels seeking shelter within the past three years at this port, which have laid forty-eight (48) hours. Have no record of number uf such vessels not making " report" within the period mentioned. It is possible that the inforraatiou yon desire on this latter subject may be obtained at the office of Chas. P. lugrahani, esq., Commercial wharf. 9. Will yon give me, if you can, an official statement of the number of foreign ves- sels which have arrived at this port during your periodof service as deputy collector, including those which have arrived only Tor shelter and have not reported T And, if yon cannot give me au otficial statement, ploaso, if you can, give me the entire num- ber unofficially, or advise me where I can obtain the information. Answer (9). The whole uambcr of foreign vessels that have arrived at this port dur- ing my period of service as deputy collector, as ascertained by the record.i of this ofllce. ES WATEnS. Oct, 16, 1S87. Dtions, HO far as merely auswer- i;et this, I shall 1, Me. r Is, whether en- being required irs after arrival a ports on their ,t custom-house ber. there have been ling, in our port H after arrival t the whole term ominioD vessels er arrival, their penalty for such I records of this ley forbidden or fee, are they ro- tndingf Please lot forbidden or lu that case a cuHe is not of a ry " is made by urchase of ordi- isels required to rchases f y supplies aud estrictions upon VcHsels would it, but not " iu who touch in for le limits of this le custom house B8 named in 7tli I vessels seeking 'rom the cnstom- number of sucb r years t Ifyos, ire I can obtain olter within the Have no record intioned. nay be obtained r of foreign ves- ftputy collector, prtedT And, if the entire num- At this port dur- rd.iot' this office. 27 Bwer to 8th interrogatory. „„„„„. .f nenalties which have been imposed on all "r^Zni%Tfra^rrrfq«irii fr^mt'S"^^^ not reporting, aud none "it'r S)*'no ^:eri^'?eVui"/^o?n^^^^ '- *^- ^"'*>'-«'«^^ ^''' ''Xs for those remaining over forty^'?)** aSbi: So'V-if wZfJeJfafgSt and under, entry, »1.50; surveyor, ILM, If WU^^ CT^. if f^^ ISf! ^--^e rir/er^^S^UTeVard'a^e ^^.^^ in*lach calendfr year, or 15o. per ton for the 12 months. Very truly, yours, . Mr. Lewis B. Smith, Deputy CollecUn-. Answered from 1 to 18, as above, at cnstom-hoose, Portland, Me.^ TbIi^' De^ty Collector. Booth BaV, November ith, 1887. ^t:vte"';hem' Wh°e W^by oSJil » oft.. » tbey .PI».r from ^.J J« f 'J. I have tasen »«»«"" »'""' "'JJ' ^„ „«. ^,r „„aaBia' names will appear a number of times for I h»ve ^rted dady. Some of the ve«^^^^^ ^^PP^ .^ ^^ ^ my duties as a marine reporter. ^ q McCobb. Yours, truly, CUSTOM-HOUSB, W18CA88ET, MAINE, Collector's Offiiie, Nov. 3, 1887. DEAR Sib: Twenty British vessels have entered at this port during the past three years. Very truly, yours. Edwin Ahsdrn. Wm. E. Rkkd, Esq., Booth Bay, Me. INBTR«CTION8 OF THE ENGLISH ADMIBALTY-8EIZ0BK9 NOT TO BE MADE EXCEPT VESSELS ACTUALLY FISHING— MAY 26, 1870. Mr. Thornton to Mr. Fish. U0 257] Washington, Jfay 26, 1870. [Received May 27.] Sir- In compliance with Instructions which I have received from the Earl of Clar- .„H«« fh^vAihe honor to inclose, for the information of the Government of the uSD Statis, copies SfUteJs which have been addressed by the Admiralty to Vice- MMy " 28 Admiral GeorKe C. Wellcsley, comiuaudinK Her MajestyV naval forces on the North America and West Indies stations, and ot a letter from the colonial department to the foroijjn oflice, from which you will see the natnro of the instructions to benivea to Her Majesty's and the Canadian officers who will be employed in maintaining order at the fisheries in the neighborhood of the coasts of Canada. Edw. Thounton, Mr, WoUey to Fice-Admiral IFelletley. Admiualty, Jpril 9, 1870. • 8iB : I am commanded by my lords commissioners of the Admiralty to transmit for your Information and guidance the inclosed copies of foreign office letters, dated 2nd, 7th, and 9th instant, referring to the resolution of the House of Representatives at Washington in regard to the intention of the Government of the Dominion of Canada to suspend the licenses to foreign vessels for the inshore fisheries on the coasts of the Dominion. My lords desire that you will detach asufflcieut force to Canadian waters to protect Canadian fishermen aiid to maintain order, and you are to instruct the senior officer of such force to co-operate cordially with any United States force sent 'On the same service. I am, etc., Thomas Wolley. P. 8.— The following telegram has been Sent this day to Her Britannic Majesty's consul at New York : " Please to communicate the following instructions to the senior naval officers at Halifax and Bermuda by first opportunity. "Admiral Wellesley to make preparations at once for sending vessels to protect Ca- nadian fisheries in concert with United States naval anthoritles. Instructions sent to Halifax by to-day's post." Mr. Lushington to Mr. Hammond. Admiralty, May 9, 1870. Sir : In reply to yonr letter of this day requesting that copies of the recent instruo- tions given to Vice- Admiral Wellesley for the protection of the Canadian fisheries may be sent to you for communication to the Government of the United States, I am «ommanded by my lords commissioners of the Adra iralty to transmit to yon a copy of a letter addressed to the vice-admiral on the 9th of A pril, of which yon were informed by letter of the same date, and of a letter addressed to him on the 5th instant on a representation from the secretary of state for the colonies. My lonls request that you will lay the same before the Earl of Clarendon. I am, etc., Vernon Lushington. Mr. Rogers to the georetary of the Admiralty. Downing Strret, April 30, 1870. Sir: In Mr. Secretary Cardwell's letter to the lords commissioners of the admiralty of the 12th of April, 18()6, it was stated that American vessels should not be seized for violating the Canadian fishing laws "except after wilful and iiersevering neglect of the warnings which they may have received, and in case it should become neces- sary to proceed to forfeiture cases should, if possible, be selected for that extreme step in which the offence has been committed within three miles of land." The Canadian government has recently determined, with the cor.currence of Her Majesty's ministers, to increaiie the stringency of the existing practice of dispensing with the warnings hitherto given and seizing at once any vessel detected in violating the law. In view of this change and of the questions to which it may give rise, I am directed by Lord Granville to request that you will move their lordships to instruct the ofiioers -of Her Majesty's ships employed iii the protection of the fisheries that they are not to seize any vessel unless it is evident and can bo clearly proved that the offence of fish- ing lias been committed and the vessel itself captured within three miles of land. I am, &c., F. Rogers. on tln' North lepartnient to 18 to lieftivea ]taiiiiiig order Thounton. pril 1), 1870. o trauHiiiit tor BFM, (luted 2nd, DsentativeB at lion of Canada 9 coasts of the .uadian waters ) iuHtruct the tes force sent IS WOLLKY. nnic Mujeaty's val officers at to protect Ca- tructions sent Maif 9, 1870. recent instruc- udiau fisher ies ed States, I am o you a copy of were informecl >th instant on a iidon. jUSHINOTON. ipril 30, 1870. f the admiralty 1 not be seized evering neglect I become neces- at extreme step mrrence of Her e of dispensing bed in violating 9, 1 am directed ruct the officers they are not to offence of Hsh- iles of laud. F. ROGBKS. 29 Mr. Wolley "- closed. I am, &o., H. Holland. Lord Granville to Sir John Tovng. Colonial Office, April 30, 1870. sir: Ihavethe honor totransmittoyoutbop^^^^^^^^^^ to be addressed to the Admiralty J^«P««t'°S tbo mstruc o^^^^^^^ ^^^^^.^^ of Her Majesty'sshipsemployed in the protection^ ^.^^ ^^^^„, asrtKoft?;rfThr t^ltr^trs^U'^^^^^^ corresponding instructions to the vessels employed by them. I have, &c., Granville. His excellency the Right Honorable Sir John Young, baronet, &c. IMPOETATIONS OF FROZEN FISH FROM THE DOMINION TO THE UNITED STATES. The following references and extracts are made from "The reply o^^^^^^ 30 frozen tisb, duty free," and that at tbe Sault Saint Marie, Michigan, large quantities of fish were imported, caught by the Canadians at the Lizard's islands, and were shipped to Detroit and as far as Buffalo. Jan. 30, A. D. 1886, the Assistant Secretary of tbe Treasury (p. 18) ■wrote tbe collector of customs at St. Vincent, Minnesota, referring to the fact that large qnantities of fresh fish, caught in the lakes of Man- itoba and naturally frozen, are imported into the port named free of duty. • , Feb. 9, A. D. 1880, Percy L. Shuman, Chicago (p. 20), wrote to the Secretary of tbe Treasury explaining at length the imports of frozen smelts from New Brunswick and Nova Scotia. Feb. 18, A. D. 1880, C. W. Outbit wrote from Halifax, Nova Scotia, to the Secretary of tbe Treasury that he had made a shipment to Chi- cago of frozen tisb for immediate consumption. G. L. Young, of St. John, New Brunswick, (p. 29), wrote April 14, A. D. 1886 : " Shipped a car load of frozen herring consigned to Chicago.*' Oct. 19, A. D. 1880, the collector at Bangor, Maine (p. 35), wrote the Secretary of tbe Treasury concerning the freezing of salmon at Marg- aree harbor, Cape Breton, for importation into the United States. It appears from tbe correspondence that the opinion of the Depart- ment at first changed as to the true construction of tbe law; but tbe final conclusion is found in the following extract from tbe letter of the acting Secretary of tbe Treasury of Nov. 18, A. D. 1880, to R. J. Godwin & Sons, New York city (p. 37) : " The circumstances surrounding each importation will have to be taken into consideration by the collectors at tbe ports of arrival ; but the fact that fish are frozen is not sufiQcieut in itself to make them duti- able, if the other circumstances surrounding tbe importation are suffi- cient to establish the fact that they are imported fresh for immediate consumption." HOSTILE PROOEEDINGB AOAINSX UNITED STATES FISHING VESSELS HAVE ALW4YS BEEN WITHOUT WARNING. In the text and also in tL^e appendix concerning *' warnings," in A. D. 18S10, it appears that during the period from A. D. 1830 to A. D. 1839, as well as in A. D. 1886, these severe proceedings were commenced against vessels of tbe United States in breach of tbe before-existing practices, for the continuance of which the vessels of the United States might well look, and without that clear and seasonable warning or no- tice which is to be expected as among friendly nations. In A. D. 1870, as tbe following extracts will show, not only was there no warning or notice, but on tbe other hand there was such dii>lomatic communications from Great Britain as justly entitled tbe United States to expect the contrary. We have already referred to the communication of the minister of justice of April 8, A. D. 1870, a coi)y of which was sent by Sir Edward Thornton to Mr. Fish April 14, A. D. 1870, and also to the iustructious from the Admiralty, communicated by Sir Edward Thornton to Mr. Fish May 20, A. D. 1870, as already stated, full copies of which ap[>ear in tbe appendix. Whether the United States in view oi these commnnications had a right to assume that there would be no hostile proceedings against their vessels for buying bait or supplies, or for anything except fishing, is a matter of deduction ; but that there might be no possibility of mis- understanding Mr. Fish made inquiries of Sir Edward Thornton June 8, MicLigau, aiis at the iuff'alo. ry (p. 18) fern II jf to sof Man- ed free of • i)t» to the of frozen ea Scotia, tut to Chi- pril 14, A. ' Chicago/' wrote the at Marg- tates. e Depart- it the final the acting Godwin & lave to be rival; but them dati- 1 arc 8uffl- mniediate VBSSELS igs," in A. S to A. D. )mmeiiced 'e-existing ted States ing or no- was there liplomutic :ed States liuister of r Edward itnictious I Mr. Fish Bar in the tns had a 4 against t fishing, ty of mis- n June 8, 31 A. D. 1870, and Sir Edward Thornton replied June 11, 1870, "Foreign Kelatious of the United Stat^H, 3d sess. 41st Congress," pp. 420 and 421, his reply containing the following: " I had the honor to receive yestenfay your note of the 8l,h instant, relative to au a]>parcnt disure|)aucy between the instructions issued by Vice- Admiral Wellesley inclosed in my note of the .'id instant, and those given by the Admiralty to him which accompanied my note of the 20th ultimo. You are, however, quite right in not doubting that Admiral Wellesley, on the receipt of the later instructions addressed to him on the 5th ultimo, will have modified the directions to tl\e officers under his commuiid so that they may be in conformity with the views of the Ad- miralty. In confirmation of this I have since received a letter from Vice- Admiral Wellesley, dated the 30th ultimo, informing mo that he had received instructions to the effect that officers of Her Majesty's ships employed in the protection of the fisheries should not seize any vessel, unless it were evident and could be clearly proved that the of- fence of fishing had been conunitted and the vessel itself captured within three miles of land." Notwithstanding all this it appears by the letter of Mr. Hall, dated Chariottetown Aug. 19, A. D. 1870, that Her Majesty's steamers Val- orovs and Plover had closed up all branches of trade, including land- ingof mackerel inportsof Prince Edward's Island, ordered ott'aOlouces- ter schooner and would not allow her to take bait or 8U|)plies. On the 25th of the same August the consul at Ualifux wrote to Mr. Fish, p. 423, that it appeared by the Halifax Morning Chronicle trans- shipment in l)ond from Canadian and other provincial ports of Ameri- can-caught fish had been ])rohibited; and on the 5th of September, A. D. 1870, the same consul communicated to Mr. Fish, p. 424, certain cor- respondence with Her Britanni'; Majesty's vice admiral, showing that the Dominion authorities had iissued orders prohibiting ice, bait, and other supplies being furnished in the'colonial ports to American fisher- men ; ami the consul said this was neither announced nor enforced "until after the commencement of the fishing season and after our fish- ing vessels were on their voyages to the fishing grounds." The Vice- Admiral in his letter of Sept. 3, A. D. 1870, p. 42G, seems to have supposed that notice of his orderb had been sent to the United States Secretary of State; but it will sutficicntly appf^ar from the dis- patch of Mr. Fish to the consul-general at Montreal of Oct. 29, A. D. 1870, p. 331, that to that time he had not received notice of the new in- structions and had apparently heard of the proceedings or intended proceedings in accordance with them, only by reports from the consular officers and from the parties interested. Indeed so clear is this, that the Secretary proceeds on the following assumption: "These alleged causes of seizure are regarded as pretensions of over-zealous officers of the British navy and the colonial vessels." Also the Assistant Secretary of State in his dispatch to the consul at Halifax, Sept. 13, A. D. 1870, p. 427, said : " It is understood that the Government of the Dominion of Canada is prohibiting vessels of the United States," etc. ; showing that even to that date the Department had no positive knowledge, and that their understanding was that the orders came from the Dominion und not from the Imperial authorities. In the extract made in the text from the report of the consul-gen- eral of the United States at Montreal of Nov. 3, A. D. 1870, p. 433, he stated that " no adequate nor suitable notice was given to the captains of American fishing vessels '- of this change of policy ; and, indeed, tak- ing it altogether, it seems undoubted that, notwithstanding the Imperial 32 authorities at the outset gave the United States diplomatic advices that proceedings would bo taken only for actual flshinR within three miles from the shore, the whole policy was changed and tlshmg vessels of the Unitetl States were driven out of Dominion ports without any formal diplomatic notice to the United States thereof, and without any explanation whatsoever to enable either the Department ot State or the owners of vessels to understand the meaning anil extent ot the change. . , v t- tr Subseciueutly vessels were seized tor mere purchase ot supplies, of which one, the White i'atcii, was taken into St. John ami acquitted on the ground that there was no statute authorizing her seizure. Another, the J. H. Niclierson, was taken into Halilax and (iondemned, the court holding the reverse doctrine. Imports offish tiito Ihe UwUrd States Jree of duty. 1885-'8«. Mouth. Jaly AuRnHt — September . October — November . December . 1885. Janaury .. February Uarch April May Jane 1880. Truab. SHlmon. Pound*. 40J, 101 JIM, 012 64, 078 24, 223 27,312 62, 037 Totals for year. 25, 377 422 ' 350 1,099 68,760 663, 341 VoUari. .38,515 11,. 'ISO 0,005 2,340 2,814 6,420 3,309 46 94 623 8,066 65,100 All other. liObstera. ' canned and All other, preserved. Poundt. 1, 652, 868 i 1,074,651 ! 1, 732, 636 I 2,031,370 1,337,430 i 1,872,361 2,055,411 2,241,201 ' 1,280,007 572, 059 1, 623, 005 2, 352, 258 DoUam. 54,103 36,410 46, .40 45, 074 33,6:14 68,040 48,704 46, 435 27.020 10,412 42,500 70,092 Dottam. 80,780 83,860 55,163 2,5, 334 6, 092 1,803 900 5 857 3, 710 1,014 75,080 Dollari. 13, 072 2, 795 281 505 500 343 482 367 807 13,429 16, 612 19, 014 1,422,720) 144,780 19,732,787 626,796 1 :B8,082 67,107 Month. 1886-"87. Frtish. ■Inly.... Anfcnst — September. October Noveml>er . December. . 1886. 1887. January . . February . March — April May Jnne Salmon. Totals for year . Poundt. 242,200 90,502 42, 720 11, 250 2,431 1,170 6, !i,55 2,652 • 9,043 3,017 38, 851 053, 337 1, 104, 090 Dollars. 24, 157 9,740 4,248 1,381 379 122 004 208 987 794 5, 023 58,405 All other. Lobaters, canned and Ail other, preanrved. Potindo. I,7ii0,934 1,6I7,H58 I 1,679,527 1 1,062.028 1,.VJ.'>,02l 2, 05!i. 807 Dollnn. .52,910 , 52,377 , 40,030 : 50,744 30, 527 .58, 490 106, 563 3, 849, 180 I 4, 840, 855 ; ■2, 443, 079 ' 053,617 I 2,070,707 , 2,970,817 no, 761 75,062 47, son 16, .S38 47,190 73, 885 27, 301, 586 I 643, 113 Dollari. 04,413 92, 131 38, 382 16, 291 7,909 20,7*4 28 3,090 15,303 8,950 3,408 35, 402 Dollari. 14,017 2,672 36 630 678 72X 271 301 788 1,080 29, 127 19,038 337, 047 68,961 The table shows that the heaviest imports of fresh salmon occur iu the siimmor mouths; while the imports of all other (fresh) fish are largest at two seasons of the year — summer and winter. atic ailvlceH within three ihing veHsels without any without any of State «ir xtput of tho supplies, of acquitted on e. Anotiier, ed, the court )bfiter8. ' lied and AU other. 98erved. toUom. DoUari. 80,780 13, 072 8:(,800 , 2, 795 55,163 i 281 25,834 505 6,6»2 500 1,803 343 000 482 5 307 357 807 ;t, 716 13,429 4,014 15,612 75,080 ^ 19,014 :)38,982 1 67,107 j .obBtera, nnedaud All other. reserved. Dalian. Dollart. 94,413 14,017 03, 131 2,072 38, 382 36 10,291 630 7,909 678 20,7*4 72X 28 271 3,000 301 16,393 788 8,950 1 1,086 3,408 29, 127 35, 402 1 19, 038 337,047 68,961 ir iu the siininirr fo seasoiiH of tho 8S OOMI'AUWON OK IMfKRIAl, AND DOMINION t.KOIBLATION. HnoWINO UHJD8T DXi- CKIMINATION IIY TIIK LATTKK AOAINHT TUK UNI TKD 8TATK8. .MH rimp«rl»l 8t«tate«, 46 •nd 47 Victoria, CI, 1. Bc« FUheriea Aet, 1888.1 . Jixelunitr, finherg limit*. 7 a\ A f()r«iirn i..-i*-fiHhing boa* uholl not enter within tlio .ixclnslve fishery limits of tho 6ritiHh I8l..ncl8, exi^epljor pnvfioHm reco,ini:tdh,j international lau<, «"• l.y any .-on- veiitiortreaty%rarruuKenmiit lor tin, time I.eing iu force between Her MuJ.^My and auv foreiirn Mt'ate, or lor any lawful piirpoHH. p ti.„ u^i.i.u (8) If aforoiir. Hea-liHhii.g boat euter« the exoli.mve ft»hery limits of the DritlBh IB ai .Is (a) the boat Hliall return oul8i.leof the Buiil limits bo boou a>i the mirpoHe for S it ei tiZl has been aiiHwenMl; (ft) noperHon on board the boatshaA Ush or at- renStoC 'vhi *h» boat remains within tho said limits; (o) such regulatiouH as Uo^Miresty niay from time to time prescribe by order In council shall be duly ob- ^7i\\n the event of any contravention of this section on the part of any foreiRn sei-llsh inil boat, or of any person beloiigiiiK thereto, the muster or persmi for the time Te?, i ii^ cliS ..fVuch boat shall be liable^on summary conviction to a fine ..o meed- Si« TheeZof thejirst offence, ten pounds, and in the caee of a second or any BubBequent thence, iifenty poundH. [Domiulon Statutes, 40 Victoria, Chap. 114.) An act further to amend the act reBpeciing f siting hij foreign vessels, fReaerred hy tho coverDor-ceneral on Wedncaday.id .rune, 18«0, '"'•thojJplflc'tlono'tliB Queen's pjiMmo thereL Lyal "»««>♦ fiiv-n l.v Her M,..|est,v '" C'1>>'>'"1 <"• <''» ^^^ ^^^ »' November. 18W. Proclamation thereof made on the 24th tlay ot Uccomber, 1880. 1 Whereas it is expedient, for the more effectual protection of the inshore fl«»>or|e8of Canada against intrusion by foreigners, to further amend the act »nt';"led, ''A i act respecting fishing by foreign vessefs," passed iu the thirty-first year of Her Majesty's '"S^rXSXlest- 1; and with the advice and counsel of the Senate and House "'(^rTho -L^.rJJ:lrs\i;red\^; ullrr section of the act thirty.third Victona, ohapfer 15, intituled "An act to aimmd th.i act respecting fishing by foreign vessels, for the thud secti.)n of the hereinbefore recited act, is hereby repealed, and the fol- lowinit section substituted iu lieu thereof : „„i,i„ '< 3 Anv one of tho oUlcers or persons hereinbefore mentioned may brin^ any ship, vessel, or boat, being within any harbor in Caniula, or hovering »» B"^"'\,''";';«'"« iHthin three marine miles of any of the coasts, bays, creeks, or harbors in Canada, mto port, and search her cargo, and may also .xainine tho master 'M'0'» "** » t"";;'''""S the cargo and voyage ; and if the master.or person in command does ""J ♦'"ly^l'"'':^^',**^^ questions put to him in such exandnation, he shall incur a penalty of $400 ; andtf such ship, vessel, or boat is foreign, or not navigated aecordiug to the laws of the United kingdom, or of Canada, and (a) has been found (ishmg or preparing lo fish, or tb have been fishing in British waters within three marine miles ot any ot the coi.sts, bays, creeks, or harbors of Canada, not included within the above-mentioned limits, without a liienso, or after the expiration of the term nained in the Inst liceuso granted To such ship, vess'el, or boat, under the first section of this act, "»• (») *"» ?» f;'^«; ^J waters for any purpose not ptrmitted by treaty or convcniton, or by anylaiv of tte United 7innd/m, or of Canada, for the time being in force, snch «/«^, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo fhereot shall be forfeited. (ii) The acts n)entioned iu the schedule hereto are liereby repealed. (3) This act shall be construed as one with the said ." Act respecting fishing by for- eign vessels," and the amendments thereto. HISTORY OF LEGISLATION CONCERNING THE EXTENSION ACROSS THE STATE Ol' MAINE OK THE CANADIAN j'AClKIC RAILWAY. The legislature of Maine, by the act of Feb. 2, A. D. 1871, entitled " An net to in- corporate tho Penobscot and Lake Megantic Railroad f^ompany " incorporated certain nerlions including Hon. J. H. Pope and Sir A. T. Gait, with the right to construct a railroad in Maine from the line ',f the European and North American Railway to the Bt. Francis and Lake Megantic International Railroad, " or to any other railroad which 92 A 3 'f 34 mkAi h9 eoMtnwtad froio l^Dnoxville in the province of Qneb«o to the m»t IIm ef the8tBteofli«tn«." Dy the act approved Felt. Qfi, A. D. IRRI, ohnpter (V>, the nnme le^iNlatiire r)wiiKf«l the title of the compauy to " Tlie lutKrnatioual Uailway Company of Miiiiio," nnrt ameuiled hoc. 10 of tne act of Fob. U, A. 1). In71, to read iih ToIIown : "Sect. 10. Said corporation ahali have power to inuice, order, and eNtnbliiih nil neceMary hy-luwn and rp{(nlntionH roimiHtfut with the coiiHtltiitlon and InwN of thin State for its own government, and for tl/ci dnu and orderly coiMlnctlog of lt«afl'i«ir« ■ad maiiageinent of it* property ; nnd it in nliio horeby uiitliori/.ed and enipoweretl tti make connection with any otliur ruilroay the governmental railway connects with Halifax in Nova Scotia and various )>oints on thnGulf of St. Lawrence. The New Brunswick Railway comprehends su')t>tantially all the railway system of New Brunswick, and is one of the subordinate corporations of the Canntkian Pacific fiailway. That ]iortion of the European and North American Railway interposing between the International Railway of Maine, authorized by the above charter of Feb. 'i, A. \). 1071, and the east line of thu St.ite of Maine, U lifty-six miles in length. The Canadian Paciflc Railway has, by ooutrnct, the right of joint occupation for ruuuing its trains over this piece of railway. Therefore the act of Feb. '.i, A . D 1871, with its ainnndtnonts and the ntiier arrange- ments above described, give a c^ntinuou!* lino ftoin Leuiioxville or Sherhrooke, in the province of Quebec, across tLu iJt&to of Maine to St. John and Halifax. The Canadian Paoiilo Railway, with its new bridge across the St. Lawrence River at Lochino, has an unbroken railway from tho Pacific Ocean to Lenuoxvilln nnd Hber- brooke, and now controls the line from Sherbrooko and Lennox vi lie to the east line of the State of Maine, and also Iho above charter of Fob 2, A. O. 1871 with all its amendments. This line in Maine is being nominally constinoted by the Atlantic and Northwest Railway, one of the snbordinate corporations of the Canadian Pacitio Railway system, and the same sabordinate corporation which constructed the new St. Lawrence bridge at Laohine. Therefore after this line in Maine is completed, the Canadian Paciflc Railway can run its trains across the State of Maine continuously to and from the Paciflc Ocean and all intermediate points, to and from tide-waters at St. John and Halifax and various termini on the Qulf of St. Lawrence, so far avoiding delivery or receipt of tntfflo to or at New York, Boston or Portland, the latter an important seaport in %\m ym State by whose comity it is enabled to extend its line to tne maritime provii •f Canada. eiiHt Usf «f ir« rlmiiKftl Miiiiin," niid HtiibliNh all InwH of thin >f ItM aft'iirH inowrrud t«i i liite of tmit- ad eomiMMit, Itiic of rftil itH c'oiupl*- iimI, wh«tlM>v rntioD, upon , or amnlfc* I nnifln