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Les cartes, planches, tableaux, etc., peuvent dtre film^s A des taux de reduction diffirents. Lorsque le document est trop grand pour iue reproduit en un seul cliche, il est filmd A partir de Tangle sup^rieur gauche, de gauche d droite, et de heut en bas, en prenant le nombre d'images n^cessaire. Les diagrammes suivants illustrent la mdthode. 1 2 3 4 S 6 •?•■'" "'-f ' -I- -r*'M m -'/v. STION J:-': " "■■ li85-87. fi^ PBBSWrtiD Ttt PAROAMBNT Vt QOUmm OF bib KCOELLlHOr T«E oovtoKOB qfaaiUL. 8bd mat, 1881 m m ■'3: m r^ W- PBQjiTSBBI ^iii^ta :llC- CORRESPONDENCE BBLATIVS TO THB FISHEEIES QUESTION ^ 'M\ FBBSENTED TO PABLIAMENT BY COMMAND OF HIS EXCELLENCY THE GOVEBNOB GENEBAL, 3RD MAY, 188Y. %% \^A^ OTTAWA: PRINTED BY MACLEAN, EOGBR & CO., WELLINGTON iSTBEHT, 188T. 11 la 13 16 16 17 INDEX TO CONTENTS. as From and To Uinister at Washington to Uorernor General. Qovemor General toSeoret'ry of SUte. OoTernor General to Seoret'ry of State. Minister at Washington to Oorernor General. Secretary of State to Oover nor General. Minister at Washington to Governor General. Colonel Stanley to Lord Lans' Telegram, Ang. 1, 1885.. downe. Official Number and Date of Despatch. 1886. No. 83, Jane 3S, 1885..... No. 212, July 9, 1885 No. 213, July 9, 1886...... No 93, Jnly 16, 1885; "Nation," July 9, 1885 No. 160, July 21, 1885.... No. 97, July 21, 1885 .. 9 10 11 13 13 14 16 16 17 Ooyamor General to Secret'ry of State. Colonel Stanley to Governor General.— Foreign Office to Colonial Office. Governor General to Minister at Washington. Governor General to Secret'ry of State. Governor General to Secret'ry of SUte. Governor General to Gov- ernor of Newfoundland. Mr. Carter to Governor Gen eral. The Administrator of New- foundland to Governor (General. Minister at Washington to Deputy Governor. No. 238, Ang. 7,1885. No. 167, Aug. 11, 1886 ; F. C, July 18, 1885. No. 89, Ang. 20, 1885; 0.0. No. 973/, Aug. U 1885. No. 359, Aug. 21, 1885 ; 0.0. No. 972/, Aug. 14, 1885. No. 297, Sept. 4, 1886; O.C., Sept. S. Sept. 4, 1886; 0. 0. Sept. 3. Telegram Sept. 7, 1885.. Sept. 21, 1886.. •••#• • •#••••••• No. 123, Oct. 10, 1886., Forwards U.S Treasury Circular re termination of Fishery Articles. Forwards papers re temporary ar- rangement, 1885. Forwards U.S. Treaaory Circular re termination of Fishery Articles. Forwards newspaper extract nadvaO' lages under Treaties of 1851 and 1871, Tiusts arrangement satisfactory to Dominion Government. Papers re agreement published by U.S. Government Her Majesty's Government desires Canaiiaa and Newfoundland Qov- ernmfnts consider nature of propo- sitions to be made in view negotia- tions on expiration temporary ar- rangemeat. Forwards Sir L. West's No. 6, July 31, re temporary arrangement. Encloses F. 0. letter suggesting that course to be adopted in view at negotiations be decided on. Expressing satisfaction Dominion Government with arrangement and appreciation Mr. West's seryioes. Expressing satisfaction Dominioil Government v/ith arrHngement and appreciation Mr. West's services. Communications opened with NeW' foundland re anticipated negotia- tions. Represectative from Newfoundland invited to confer with Canadian Government. Foregoing proposal submitted to Ex eoutive Council. Owing approaching General Elections (Government deem it inexpedient to send a delegate to Ottawa, or ex press views. Forwards Circnlar issued by Boston Fish Bureau on reciprocity in Fish Products. 12 13 13 14 IS 15 16 16 16 IT 166-A^ iv CONTENTS. 18 19 20 31 32 23 24 26 26 27 28 29 30 31 32 33 34 Prom aad To Deputy Gorernor to Secre tary of State. Depaty GoTernor to Score tacy of State. Colonial Office to Gorernor Ueoeral. Governor Gt'neral to Admini- strator, Newfoundland. GoTernor General to Secre- Ury of State. Minister at Washington to Governor General. Governor General to Colonel Stanley. Lord Lansdowne to Sir L. West. Sir L. West, to Lord Lans- downe. Governor General to Earl Granville. Minister at tVasbington to Governor General. Minister at Washington to Governor General. Minister at Washington to Governor General. Governor General to Minister at Washington. Governor General to Karl Granville. Governor General to Barl Granville. Governor General to Minister at Washington. Official Number and Date of Despatch. 1889. No. 36, Oct 16, 1885. No. 37, Oct. 16, 1885. No. 263, Not. 4, 1886. . . Nov. 30, 1885 ;0. 0. No, 1,03Q/, Nov. 11, 1885. No 315, Nov. 23, 1886 ; 0. No. 1,0J0/, Nov. 11, IbSS. 1886. No. 6, Jan. 16, 1886; No 29, Jan. 36, 1886 February 6, 1886 — Februarys, 1886 • March 3, 1886 No. 20, March 19 No. 23, March 20... No. 28, March 24. ■ No. 27, March 24 March 24. March 36 No. 28, Msroh 25 Forwards copy Despatchn (Sept. 31) from Newfoundland. Forwards copy of Sir L. West's Na 17, Oct. 10, with Circular of Boston Fish Bureau. Acknowledgment of Sir W. Ritchie's No. 18, Oct. 16, 1889. Dominion Governnent invite Delega- tion from Newfoundland to confer as to Fisheries negotiations. Dominion Government have invited a Delegation from Newfoundland to confer as to Figheries negotiations . Forwarding Joint Resolutions. 1. In favor of Commercial Reciprocity ; 2. As to Reciprocal privileges re- lating to aiding of wrecked or die- abled vessels. Forwarding copy of Sir L. West's No. 23, Jan. 16, with Joint ResolutionB. Asks for information rt recent report on Reciprocity by U. S. Senate Com- mittee. No commission will be issued.. Reports steps being taken by Domin- ion Government for protection of Fisheries; $160,000 will ba asktd for the purpose. Encloses copy of memo, handed to Ur. Bayard, embodying view of Domin- ion Government as to its position under the Treaty of 1818. Note to Mr. Bayard as to issue of notices to Fishermen on position of Fisheries. Mr. Bayard's note states President's Proclamation ot January 31, 1885, sufficient; not necessary repeat notice. Acknowledges and approves memo.. Forwards Sir L. West's No. 28, with memo, to Mr. Bayard. Forwards confidential instructions is- sued to Fishery Police Officers, and copy of " Warning." Sends copy "Confidential Instruc tions " to Fisheries Officers, and ot «« Warning," a. 18 It 1» M 30 30 U 32 23 34 3ft 2S 38 26 31 41 42/ 431 44) 46[ 4710 J 481 Gc 481 Mii^ CONTENTS. a* 1)1 18 iT.l » •I l» iferi itedl M dto| as. I. Inl M dty ;| B re- diB' !b No. itiOUB. repoTtl tt I Oom-I Domin-j 3* tion ofl askirdl to Mr.) 23 )OBitlonl iBue ofl ** iition ofl Bident'Bl ** H, 1886,1 repeatl memOx 28, withl S* BtioDBiB-' a* en, andl I Instrac- irB, and ot| 3S 86 ST S8 39 40 41 4a 43 From and To QoTernor Oeaeral to HiniBter at VTaahiDnton. QoTenior G«Dwal to Barl QranTllle. MlBiBter at Washington to GoTernor General. Minister at Washington to Governor General Gorernor General to Barl OranTille. > Governor General to Barl Granville. Minister at Washington to Governor General. Minister at Washington to Governor Oeneral. Governor General to Earl Granville. Official Nnmber and Date of Despatch. 1886. No. as, March 37., March 39.... >•••••••• «M«***< 44 46 Minister at Washington to Governor Oeneral. Governor Oeneral to Minister at Washington. 46 47 Governor General to Barl Granville. Governor General to Barl Granville, E.G. Governor Oeneral to Barl Granville, E.G. Minister at Washington Governor Oeneral. to No. "Ji, March 39 , No. 33, March 80., No. 38, March 30 ; 0.0. March 30. No. 9}, March 81. No. 33, March 31.. No. 34, March 81. No. 107, April 6, and 0. 0. No. 132^, April 6. No. 37, April 6 ...a... ...... No. 43, April 7..M Refers to Sir L. West's No. 38, March 19, informM him fishing IlcepseB will not be issued by Dominion Govern ment. Forwards for Earl Granville's infor- mation copy of 36 to Sir L. West r« fishing licenses. n. S. Oonsnl Genera) , Halifax, re- ported to have arg;u?d that Treaty of 1818 does not pi'Rvent landing and transhipment, ia bond from Canadian ports to United States of fish cauKht la deep waters by Unit«d StatCH tiabHrmeu. Acknowledotment of Lord Lans- downe's No. 33, March 36 Fisheries Police ; H. M. Government asked to take steps necessary to sustain the Convention of 1818. Forwards Sir L. West's No. 41, and Lord Lansdowne's No. 33 to Sir L West. Acknowledgment of No. 36, March 'it] encloses note to Mr. Bayard as to intention of Dominion ernment not \.j issue licenses. Gov- April 7......... ........ No. 109, April 7 No. 116» April 10 '•«•••••. Ofli No. 39, April 13.. Asking if Mr. Mitchell's report on Mr. BoutweU's circular. May 16, 1870, maintained by Dominion Govern- ment. iSends copy of Sir L. West's No. 37, and states Canadian Government cannot admit argument D.S. Oon anl Geceral as applied to fishing vessels, to which Convention of 1818 will be strictly applied. Pricis of Senate Debate on fisheries question. In reply to No. 37, March 39 ; en- closes copy of Despatch No. 43 to Barl Granville and copy of O.C., April 6. Encloses copy of Sir L. West's No. 41, with memo, to Mr. Bayard on licenses. Encloses Report of Debate in Domin- ion House of Commons on motion of Hon. P. Mitchell rt Fisheries Police Force. Forwards Sir L. West's No. 44, and enclosare for information. Resolntion introdnced in House of Representatives on Fishery question 84 84 35 85 36 37 37 3» 4a 41 41 41 48 tI CONTENTS. 4 4 From and To eo 61 63 68 64 66 66 67 68 68 60 «I 63 68 64 66 QoTPrnor General to Minliter at Wnshlopton. QoTflrnor General to Earl OranTiUe, K.G Govornor General to Earl Uranville. Minister at Woghington to Oovernor General. Governor General to Earl Granville. Barl Granville to Lord Lani- downe. Lord Lanadowne to Barl Granville. Sir Liotel Weit to Governor General. Oovrnor General ta Earl OrauviUe. 31r L. West to Governor General . Governor General to Sir L. West. Uinister at Washington to Govornor General. Governor General to Earl Granville. Governor General to Minister at Wasliington. Governor General to Barl Granville. Governor General to Earl Granville. Harqnis of Lanadowne to Earl Granville. Official Number and Date of Despatch. li»86. Kg 43, April 30; 0. 0. April 16. No. 130, April 30., No. 139, April 34. m- No. 49, April 39 No. 146, Majl May 10 .*.... Telegram, Hay 10. Telegram, May 11. May 11 Telegram, Hay 13. May 13. No 67, May 13. No. 166, May 17., No. 64, May 17. No. 160, May 18.. Enclosing minute of Council intimat* ing that viewi expressed in 0. U. referred to, are still held. Bnolosea 8ir L. Weit'i No. 43, and reply No. 60. Forwardi Sir L. Weit'i No. 49 Acknowledgment of Lord Lans- downe'a No. 60, April 30. R* detention American schooner "Joseph Story ' ' at Baddeck, O.U. Telegraph particnlars seizure "D. J, Aoami." Reports particulars of seizure of " D, J. Adams," and charges on whicl( vessel be tried. Secretary of State deprecates Oapt. Scott's refusal <• 0. J. Adams Scott's refusal give reasous seiiilrs I 4a 4S 44 44 44 No. 161, May 19 No. 162, Hay 19 Reports facts of seizure of " D. J. Adams," and grounds for prosecn- tion. Informed by Secretary of State that Oapt. Scott still declines to aive rea- sons lor seizure of "D. J. Adams." Offeufles for which "D J. Adams" will be proceeded afrainst. Oapt. Scott instructed in all oases state reasons of seizure. Encloses note from Mr. Bayard on questions arising from seizure " David J. Adams." Encloses Oapt Scott's report and statements relative seizure " D. J. Adams " ; refers to reasons why Oapt. Scott did not give particulars of grounds for detention of vessel. Acknowledges No. 61 with note of Mr. Bayard, and expresses pleasure at the temper with which Mr. Bayard discusses the question. Forwards for information, Sir L. West's No. 61, with Mr. Bayard's note and Lord Lansdowne's reply. No. 68. Reports seizure of ■'EllaM. Doughty" at St. Ann's, N.S. Forwards copy of Bill to amend Fish- ery Act of 1868, with reasons for introduction, 4B 48 41 4T 4T W 84 65 SB i ,1 78 77 78 79 I CONTENTS. vii I 41 48 44 44 U 48 48 4T 4T 4T n ^ 67 68 From and To Ifiaiater at Wathington to Uovttrnor General. Sir Lionel S. SackTille Weit to Marquis of Lansdowne^ OfHoial Number and Date of Dei patch. 69 Sir L. 8. SackvlUe West to Marquis of Laosdowne. 90 71 72 73 74 76 76 Mr. at ard 84 77 78 L. rd'8 ply. 18 79 ity" ftS 80 rish- 1 for " Earl Oranville to Lord Lani- downe. Lord Lansdowne to Barl Granville. Earl Granyille to Lord Lani' dowoe. Governor Geueral to Barl Granville. Governor General to Barl Granville. Lord Lansdowne to Barl Oranville. Lord Lansdowne to Barl Granville. Barl Granville to Lord Lans- downe. Lord Lanidowne to Earl Granville. Minister at W^ashing'ton to Governor General. Sir Lionel West to Lord Laosdowne. 1886. No. 60, Hay 31., No. 60, May 21., No. 61, Hay 21 Telegram, May 22 Telegram, Hay 22 May 26 , No. 166, May 26. No. 167, Hay 26.. Hay 27. Hay 27. Telegram, Hay 27. . Telegram, Hay 27. . No. 67, May 29 Telegram, Hay 30.. Subjeat. Acknowledgment of No. 63 , Encloses further note from Hr. Bayard, who strongly deprecates 'he man- nei- of thn seizure and detention of tho ''David J. Adams" and the action of the OanadiaiiCilieialB gen eraily iu regard to the matters in dispute. R» case of "Jennie and Julia," attempt purcbaae herring at Digby, N<8. Report facta and legal position of Oaoadian Governmeni f Piiznres of vessels. Answer to telegram, May 21 ; nave sent despatches re leizareB. U.S. Hinister has inqu' ■* why Heiz- ures ooald not be aik«,ontinned and seized vessel* rtiinmed owne*-. an undertaking bean given to ri-i.'.ore tlieriif required to do (" TLeS. of S. replied that H. M. Govt, jould hardly ask Canada anspeud her legal rights without adequate ^ di- valent. Forwards copy of Sir L. West's No. 03. . Refers to ooncludine para, of No. 66, of 19th May, " Ella M. Doughty " will be proceeded against on »ame grounds as "David J. Adams." Aniwtr to 25 < A; Canadian Govern- ment already snow anxiety to reach friendly settlement, but cannot again suspend their rights without better assurance than that of Mr. Phelp's statement Refers to Despatch No. 162 ; Bill will pass both Houses; renaers vessels contravening Convention liable to forfeiture. Glad to receive report of Dominion Government on Mr. Bayard's notes. Report in preparation; will be sent next mail. Seizure of Canadian schooner "Sis- ters," at Portland, Maine, for in- fraction of Onstoms regulations. Mr. Bbvard protests against Bill amending Fisheriep Act, as assump- tion of jurisdiction ultra viV«, and wholly denied by U.S. ; Minister in London instrncted to protest against Bill. 1 68 68 68 61 61 6T 61 62 68 68 63 64 viii CONTENTS. I 81 83 83 84 Trom and To Sir Lionel West Lanadowne. to Lord Official Number and Date of Despatch. 188«. No. 69, May 30., 87 8S 89 90 81 92 93 94 95 IGnister at Washington to Oovernor General. Earl GrsnTille to. Lord Lans- downe. Earl Granyille to Lord Lans- downe. Lord Lanidowne to Earl Granrille. Lord Lansdowne to Earl Granville. Lord Lansdowne to Earl OranTille. Lord Lansdowne to Earl Granville. Marquis of Lansdowne to Earl Granville. Marquis of Lansdowne to Earl Granville. No. 70. May 31 Telegram, June 3 Telegram, June 4 Telegram, June 4 Telegram, June 7. ... Extract, Jane 7 Telegram, June 8. »., Extract, Jane 8 No. 188, Jnne8 , Governor General to Earl Gianville. Governor General to Earl Granville. Oolonial Office to Governor General. Governor General to Earl Granville. Lord Lansdowne to Earl Granville. No. 193, June 9., No. 196, Jane 9 . Jane 9 No. 199, June 14. EocIoBes notA by Mr. Bayard on which telegram of 30th May was based ; Mr. Bayard protests stroncly against the Bill amending the Pisheriea Act, as well as the " Warning" of 6th March, and Customs Circniar of 7ih May, as violative of the commercial privileges of the U.S , and an as- sumption ot jurisdiction entirely unwarranted and wholly denied by the U.S ; Mr. Phelps has been in Btructed to warn H.M. Government that it will be held liable for all losses and injuries under this action of the Dominion. Schooner " Sisters " released ; fine remitted. Mr Bayard's telegram to Mr. Phelps ; telegraph purport of Oustoms cir- cular. Suggests amendment of concluding paragraph of " Warning." Purport of circular No. 371. In reply to Earl Granville's telegram of June 3. Answer to Earl Granville's of 4th, rt " Warning." Re Bill for amending Act of 1868.. Re amendments Circular 371 .■ i2« Circular and Warning.. 64 No. 204, June 18. Case of " Jennie and Julia," with copy of report by Minister of Fisheries in relation to. See Mr. Bayard's note of aoth May. Re seizure and subsequent release of Canadian schooner "Sisters," at Portland, Maine. Forwards Bill amend Act of 1868, Encloses Mr. Bayard's note object- ing to this Bill and to Circular 371. Re conversation between Lord Ro°e- bery and Mr. Phelps as to fisheries seizures and Convention of 1818. With report Council re Mr. Bayard's notes of 10th and 20th May, and rights of [Jnited States fishermen in Canadian territorial waters. With amended Customs Circular No. 371. 65 66 66 67 67 68 68 71 72 72 73 7fr 86^ CONTENTS. iz 64 «5 66 po?e- eries Ird's land In in I No. 66 67 67 68 68 71 72 72 73 76 85 8 96 99 160 101 102 103 From and To Sir Lionel Weak to Oorernor General. Lord Lansdowne to Sir L. West. Barl GranTille to Lord Lana- dovne. Lord Granville to Lord Lans- downe. Colonial OfBce to GoTernor General. Lord Lansdowne to Earl Oranviile. OoTernor General to Minister at Washington. Earl GranTille to Lord Lans- dovne. 104 105 106 107 108 109 110 111 112 118 OfiBoial Number and Date of Despatch. 1886. Telegram, Jnne 17. Telegram, June 19. Telegram, June 24 . Telegram, June 24 . June 24 Telegram, June 26- No. 67, June 30 Telegram, Jnlj 6 , Minister at Washington to Governor General. Lord Lansdowne to Earl Granville. Colonial Office to Governor General. Oolonial OfiBce to Governor General. Barl Granville to Lord Lans- downe. Lord Lansdowne to Barl Granville. Earl Granville to Lord Lans- downe. Lord Lansdowne to Barl Granville. Earl Granville to Governor General. Earl Granville to Lord Lans- downe. No. 83, July 8 Telegram, Jnly 12 July 15 July 15 «.< Re authenticity Minister of Fisheries reply as published in New York "Herald" "Herald" letter authentic; text in- accurate. Legality "Adams " sei/.ure questioned by U. S. Government. Telegram, July 21 Telegram, July 24 July 28 Extract No. 238, July 29 No. 175, July 29. Telegram, Aug. 2. Rt schooner " Anme M. Jordan ' Forwarding Hr. Pbelp's note ques- tioning powers of legislation. /2« liability *' Adams" for purchasing bait. With report Oouncil re questions raised by Mr. Bayard's notes of 10th and 20th May. Warning to U. S. fishermen, by Col- lector Caneo, to keep 3 miles out- aide line Oanso to bt. Esprit, and north to East Cape, P.B.I., and whether Dominion Government withes to modify views headland question. Acknowledges receipt Report Minister of Marine and Fisheries, re Seizures No warning issned by Cauro Collector Customs, save tbe oflScial warn- ing. Expressing satisfaction with changes in circular and warning. Forwards despatches from Sir L. West, enclosing note from Mr. Bay- ard alleging warnings unwarranted, &c. Re U. S. Government protest in case schooner " City Point." " City Point " committed breach of Customs Laws, Re " City Point," with copy Mr. Bay- ard's protest. With P. O. Order, re desirability of Royal Assent buing given to Vieuery Bill of last session. Forwards protect of Hr. Bayard rt treatment of U.S. fishing steamer "Novelty' ' at Pictou. N.S., and U.S fishermen at St. Andrews, N. B. Particnlars requested of U. 8. vessels (fishing) seized or warned off. 86 86 86 87 87 93 93 94 94 94 94 96 96 97 98 100 103 CONTENTS. 114 116 116 117 118 119 120 121 122 123 124 125 126 127 128 Minister at Washington to UoT»rnor Oentral. Lord Lansdowne to Earl Granville. Governor General to Secre- tary of State. Lord Lansdowne to Oranville. Earl Rt. Hon. Edward Stanhope to Lord Lansdowne. Lord Lansdowne to Earl Oranville. Ur. Stanhope to Marquis of LaDslowae. The Administrator to Rt. Hon. E. Kitanhope. The Administrator to Hon. E. Sianhope. ''.be Administratorto Minister at Washington. Secretary of State to Gover- nor General. Mr. Stanhope to the Adminis- trator. Secretary of State to Lord Lansdowne. Mr. Stanhope to the Adminis- trator. Mr. Stanhope to the Adminis- trator. Official Number and Date of Despatch. No. 18, Aug. 21. No. 2, Aug. 21... ., Telegr:;^:, Aug. 21. 1686. No. 88, Aug. 3 Telegram, Aug. 4 Extract, Aug. 4.... Extract, Aug. 4.. .. No. 179, Aug. 4.... Aug 6 Aug. 6 Aug. 21 •••■•••• Aug. 25., Telegram, Sept. 1 . No. 195, Sept. 1. No. 203, Sept. 9. Mr. Bnyard requests be supplied with all Canada's orders, circulais and regulations rt Fisheries. Information by to-morrow's mail, re- plying telegram Aug. 2. Encloses copies of seizure reports in cajes of ' 'Adams," and other vessels. Re Mr. Bayard's note of June 14, touching headland question. Enclosing copy extract from " N. Y. Herald." With papers re seizure of schooner " Ella M. Doughty." With protest from Mr. Bayard r< refusal permission purchase fish for canning. With Priry Council Order of Aug 16 dealing with Mr. Bayard's not« of July U, alleging that certain U. S. fi'ihing vessels had been warned to keep outside the Bay dca Cbaleurs, and in which the statement was made that the headlandqaestion bad been "long since settled between the U. S. and Great Britain." Case of the " Novelty; " with Order in Council of Aug. 20, in reply to Mr. Bayard's protests ; also dealing with threats to seize American ves sels entering Canadian waters to purchase herring for canning ; in reply to 0.0. No. 112 of July 29. Forwards copies of regulations, &o. in force re Fisheries. D. S. Government complains that the schooner "Mascotte" had been threatened with seizure at Port Amherst, Magdalen Islands, in case attempt made to obtain bait or take a pilot. Under Treatv of 1818 the n. 8. possess the right to fish in these islands. H. H. Government E resume that ofBcials on Magdalens ave been instructed accoriiiagly. Relating to .tllcged infraction of Con- vention of 18 l8 at Port Amherst, Magdalen Islands. With copy of protest from Mr. Bayard. Requests report concerning alleged ill-treatment to "Rattler." With copy of Mr. Bavard's protest re "Rattler." With Mr. Bayard's protest re alleged prevention of schooner " Golden Hind " entering Bay des Ohaleurs for water. 103 103 104 106 105 lOT 114 115 117 119 120 120 121 122 123 CONTENTS. 4 lied with tlaia and mail, re- eports iD !r Teasela. June 14, n. i'«N. y. )f fishing ty." f« refusal rcanaiog. f Aug 16 's not« of ;aia 0. S. earned to Ohaleurs, mient was estioa had I between n." 1 ith Order repl^ to dealing rican veS' vaters to ning ; in uly 29, ons, &o., that the been at Port incase or take 1818 the fish in ernment igdalens iingly Ml 103 103 104 105 105 iOT 114 115 117 119 120 I of Oon- imherst, copy of allege i rotest re alleged Uolden haleurs 120 121 122 123 129 130 131 132 133 134 136 136 137 138 13S 140 141 142 143 144 146 From aid To tit Stanhope to the Adminis trator. The Administrator to Secre- tary of State. The Administrator to Mr. Stanhope. The Administrator to Mr. Stanhope. The Administrator to Mr Stanhope. V Mr. Stanhope to the Adminid' trator. Secretary of State to the Administrator. Secretary of State to the Administrator. Mr Stmhope to the Admin- istrator. If r. Stanhope to the AdminiS' trator. The Administrator to Mr. iScanhupo. Sir L. West to the Adminis- trator. The Administrator to Secre- tary of State. The Aiiministrator to Uc Stanhope. The Administrator ta Mr. Stanhope. Secretary of State to Lord Lansdowne. Mr. Stanhope to Oorernor Ueneral. Official Number and Date of Despatch. 1886. No. 203, Sept. 9 Telegram, Sept. 14 No. 31, Sept. 21 •Vo. 32, Sing regret Dominion Government at action of Capt. Quigley in lowering United States flag. With letter from Mr. Bayard re law regulating sale and exportation herring trom Grand Mauan. Re '< Rattler " report With 0. 0. re " Rattler " case and Capt. Qnigley's stntement of facts re schooners " Shiloh " and '' Jnlia Ellen." Re alleged infraction of Convention ot 1818, at Magdalen Islands. Certified copy of Fishery Bill to be sent to 0. 0. Fishery Bill of laat Sasiioa ; assent will be given. BLi 125 las 138 127 12» 130 ISl in 131 133 13< 134 138 13« 141 143 14t Zll CONTENTS. 1 1 il j t.'i I ■ 146 147 148 149 ISO 15) 1B3 163 1B4 165 156 167 168 15t FromaadTo OfBdal Namber »nd Dftte of Denpfttoh. Seentery of State to the Adniniitrator. Lord Lanadowne to llr. Stan- hope. Lord Lanadowne to Mr. Stan- hope. Sir L. S. West to Ooremor General. Mr. Stanhope to GkiTemor Qeneial. Secretary of State to Got- ernor General. GoTernor General to llr. Stanhope. Governor General to Mr. Stanhope. Mr. Stanhope to Goyemor General. GoTemor General to Minister at Washington. QoTcmor General to Mr. Stanhcpe. Governor General to Mr, Stanhope. GoTernor General to Mr, Stanhope. Minister at Washington to GoTernor General. 1886. Telegram. Nor. 6 ; ao- knowledged No. 356, Not. 9. Not. 9 ; 0. 0. No. 21^, Not. 2. Telegram, Nor. 17 No. 344, Not. 33. Ee n. 8. fishins Tessels " Pearl Nel- son " and " Breritt Steele." With copy report of Minister of Jus- tice re points raised by Mr. Phelps' 1. J. Adams' " Not. 26 . No.38a, Not. 39;0. inO. No. 436^ (A.), Not. 18. No 383, Not. 29 ; O.inO. No. 436y (B), Not. 18. No. 260, Dec. 3., No 81, Dee. 3; O.inO., Not. 24, No. 386, Dec. 4 . No. 288, Dec 7.. No. 290, Dec. 7 No. 103, Dec. 8.., reference ease, to With certified copy of Fishery Bill . Aiks for information re oommnnica- tioa Oct. 38, last. Forwards F. O. Despatch with enclo- sures from Mr Bayard re detention schooners "Pearl Nelson" and "BTeritt Steele." Informing Admiralty will afford snp port fiiheries police by the presence of a cmiser if no agreement with the U.S. is reached before next season. Forwards repbrt in the ease of the "Peral Nelson," with Order in Ooon- cil stating tacts of case. Forwards statement of facts as to " Breritt Steele " ; Teesel sailed from Shelbnrne on 26tb March with' out reporting. Fishery Bill of last session, with Order in Coancil giring Her Majesty's assent to same. He sale and exportoli.>n of herring from Grand Manan Island ; with Canadian laws regalating same. With report of Council re fishing sehr "Crittenden," to the effect that master had violated Customs laws by refusing to enter his yessel when requested to do so by Customs ofBcer at Steep Creek. Forwards Canadian laws regulating exportation fresh herring from Grand Manan Island, and copies of correspondence with Sir L. West in relation thereto- U.S. fishing Tessel " Highland Light" seized for fishing within three-mile limit ; ressel has been condemned and ordered to be sold by Vice Admiralty Court at Oharlottetown, P.B.I. ; no defence. Acknowledges No. 165 of 3rd Dec, with iDformation respecting Grand Manan herring fisheries, Ac. I 149 14S 16T 167 16T 163 162 164 166 CONTENTS. xiit •■ 1 earl Nel- 143 r of Jnt- •. Phelps' Adams'" 14S ry Bill.... 16T nmnnioa- 15T th enclo- detention m" and 167 ifford sup- B presence nent with fore next 162 162 164 165 166 167 166 168 |d Dee., : Grand 16» 4 1 From and To Official Number and Date of Despatch. Sabjeet. • i • • 1886. . 1 160 Oolonial OiBoe to OoTernor GeneraL Rt sehr. -UoUle Adams"; Mr Bayard forwards letter from Oapt. Jacobs, statinsr that bis sole re<«son for entering Malpeqoa harbour was to land the shipwreeked crew of the Canadian sehr. " NeskiUta," of Lockeport, N.S., and other docu- ments referring to this caje. m 161 Mr. Stanhope to Gorernor General. No. 274. December 16 Re cases of U.S. fishing vessels "Laura SaywKrd and "Jennie Searerna;" Mr. Bayard asserts thattne captain of the " Say ward ' ' was refused per- mission to bay food for himself and bis crew, and that his papers were unnecenarily retained; that the captain of the "SeaTems" was >reTeuted from landing to Tisit riends in Livei pool, N.S. ITS 162 Sir L. West to Harqais of Lanadawne. No. 107, December 17 Forwarding ropies of correspondence presented to D.3. Congress relative to rights of American fishermen in BS.A. waters. 17ft 163 1 Marquis of Lansdowne to Mr. Stanhope. No. 296, December 20 Oases of " Pearl Nelson " and «' Bver- itt Steele ; " statemnntH cf Mr. Bay- ard met by Or Jers in Gonncil of Ifth November; fi«cts therein set forth not disputed; statements of mus- ters of both vessels as to inadver- tence accepted ; vessels allowed to go, and fiaeia case of the " Nelson " lemitted. 17S d64 Sir L. West to Lord Lans- downe. December 22 „ Forwards copy of note from Bayard with proposttl for settlement ot fish- eries difficulty. 177 166 Sir L West to Lord Lans- downe. No. 109, December 22 „... Forwards copy of Mr. Bayard's note to Mr. Phe pi, n above proposal. 177 166 Lord Lansdowne to Sir L. West. No. 88, December 28 Acknowledges receipt of proposal.-... 181 £67 Secretary of State to Lord Lansdowne. Telegram, December 24.„ U.S. Government requests solicitor of " D. J Adams ' ' be given reports by Oapt. Scott or Oustoms officers rt seizure ; H.M. Government proposes reply— can obtain them by legal procedure. 181 168 Lord Lansdowne to Secretary ofStote. Telegram, December 25... Canadian Government concur in above answer. 182 169 170 171 GoTcrnor General to Mr. Stanhope. Mr. Stanhope to Lord Lans- downe. Lord Lansdowne to Secre- tary of State. Deo. 28.. Mr. Rsyard's proposal reeeived and referred to Privy Oonncii, with Lord Lansdowne's remarks thereon. Transmits copy note tir. Phei:js to F 0., dated Dec 3, covering Mr. Bayard's prorosal. Canadian Government eannot enters tain propoaal, present shape. Posi- tion taken by Lord Olarendon't despatch, May 11, 1886, to Sir F Bruoe, in substance acceptable Ouh adian Government. 18S Dee. 30 - Jan. 7, 1887 .».«. ».. 1 184 18S ZiT CONTENTS 1 ' I m va 174 175 176 177 178 179 180 From Mid To Sir L. WMt to Lord Lans- downo. Miniater mi Waibington to Oovernor Q«neral. Sir L. Weit to Lord Luu downe. Sir Heaiy HoUuid to Marqais of Lansdowne. Sir L. West to Lord Lane* downe. Lord Lansdowne to Colonial Office. GoTernor General to Secre- tary ol State for Oolonies. Lord Lansdowne to Sir L. West. Sir H. Holland to Lord Lans- downe. Official Number and Date of despatch. 1887. No. 2, Jan. 15 .. No. 4, Jan. 19. No. 5, Jan. 21......> No. 19, Jan. 24., No. 7, Jan. 26 . 18) 182 1«S 184 Sir Henry Holland to Lord Lansdowne. Colonial Offioe to Lord Lans- downe. Secretary of State to Oorer- nor GeneraL Lord Lansdowne to Secretary of Stete. No. 26, Jan. 31; 0. No. 493^, Jan. 15. feb. 1 ; 0. 0. No. 540^.., No. 13, Feb. 16 ... No. 38, Feb. 18 ... No. 42, Feb. 23> . . Feb. 24 Telegram, Feb. 24 Telegram, Feb. 26 Subject Forwards copy reply, U.S. Secretary of Treasury to resolution passed by House of Representatives, and cal*s attention to the expressions, "brn tally excluded," "passionate spite," used therein, in reference to the Canadian Oorernment and its officials. Encloses copy of Bill protect American vessels ia the ports of B.N. A. Bn closes copy Bill and report re Com- mission to investigate losses inflicted on D. S. citizens engaged in N. A. fisheries. Refers to Colonial Office telegram of Dec. 24, and Governor General's telegram, Deo. 28, in reply to request for " Adams" doeuments, Transmits copy report Foreign Rela tions Committee and Bill founded thereon. Re detention vessels " Pearl Nelson and " Kveritt Steele ; " forwards copy Privy Council report. Forwards Canadian Government views on proposal United States Government for ad interim arrange, ment. Acknowledges receipt of Sir L. West's No. 172, of 16th January. Transmits copy of despatch from Sir L. We»t with copy of a Bill and Re- Sort thereon, introduced United tates Congress re losses by United States citizens engaged in North Americaa fisheries. Bncloses F. 0. letter re United States schooner "Sarah H. Prior." Trancmits copies of correspondence relating to North American fisher- ies, presented to Parliament. Lord Lansdowne's despatch of Ist Feb. considered. Her Majesty's Government in geneial concurrence with views respecting Ur. Bayard's proposal re mixed commission. Bz- presees approval of reviving (under certain conditions) arrangement ex- isting under Treaty of Washington. Refers to foregoins ; Canadian Gov- ernment prepared to accept sugges- tion revert temporarily Treaty of Washington without raising qnea- tion indemnity. 18B 198 18A 210 211 214 n» 219 no 222 222 223 CONTENTS. XV , V', f S. Seoretarj on passed by res, and oaPs isions, "bru- " passionate in reference ernment and I« Bct American B.N.A. m iport re Oom- MMB inflicted ;ed in N. A. IM a telegram of 310 ior General's ply to request nts. i'oreign Rela- 211 Bill founded earl Nelson" ; " forwards port. OoTernment U4 nited BUtes erim ariange- , o , 8 185 186 187 188 189 From and To Sir L. West's •y- ktch from Sir Bill and Re- Iced United les by United led in Nwrth Inited States Kor." Irespondence n fisher lent. S19 319 Mch of 1st Majesty's Boncurrsnce (r. Bayard's lission. Ex- ring (under lement ez' Washington ladian Gor- pt sngges- Treaty of sing ques- 310 332 322 190 191 192 193 194 823 I 96 1887. Colonial Office to GoTemor No. 46, Feb. 26 . General. Official Number and Date of Despatch. Sir H. Holland to Uarquiaot Lansdowne. No. 49, March 1 ... Lord Lansdowne to Sir H. No. 67, March 9. Holland. Lord Lansdowne to Sir H. Holland. Sir L. Wcit to Lord Lans- downe. Lord Lansdowne Holland. to Sir H. Lord Lansdowne to Sir H. Holland. Sir H. Holland to Lord Lans- downe. Lord Lansdowne to Sir H, Holland. Sir H. Holland to Lord Lans downe. Governor General Henry Holland. to Sir No. 74, March 11. No. 31, March 20., No. 99, April 3 ; 0. in 0. No. 612;, March 23. April 2 ; 0. C. No. Bfil3g, Mar. 31. No. 73, April 7., No. 112, April 12 ; P. 0. No. 624;, Report April 7. No. 78, April 14 No. 140, Aprils?; 0. 0. No. 763, April 26. Subject. Transmits extracts New York press rtference passiDg of the so-called " Ketaliation Bill." Trantmits papers containing certain questions respecting the Fisheries put to Professor Baird, and answers thereto. In r« inctmotions to Fishery Officers, and friendly spirit of. Canadian GoTemment to faoiiitaie compliance with Cnstoms Laws by U. S. fishing vessels have appointed additional Onstoms officers. Encloses copy of a Treasury Circular re recent Acts of Congress relating to importing and landing of mack- erel caught dnrini; the spawning season, and authorizing President to protect the rights ot U. S. fishing vessels. With 0. 0. in reference to the U. S. fishing vessels "Laura Sayward" and "Jennie S«averns; " calls at- tention to penultimate para, of Report. Forwards certified copy of P. 0. Order re schooner " Mollie Adams," con- taining full reply charges preferred by U. S. Government. Transmitting copy of a Despatch from H. M. Minister at Washington, lor- wardtDg precis of the debate in the 0. S. House of Kepresentativ«s on the Retaliatory Bill. Forwards P. 0. Report re schooner "Sarah H. Prior. ''^ Transmits copy letter Lord Salisbury to Mr. Phelps, enclosing draft Pro- tocol communicated by Mr. Adams to the Earl of Clarendon in 1866 and Mr. Bayard's memo, on the proposed ad interim arrangement, with Lord Salisbury's observations thereon. Transmits Minnte P. C, with copy of amended instructions issued to the officers in command of the Fisheries Protection vessels. i 228 337 328 231. )31 23a 238 246 347 248 253 ! I I ) t 11 Ji!!! ■!' i! Ml i! ' i: M Hi MM i •n No. 1. JUmitter at Washington to the Governor-General. I His Szoelleooy The Mabquis of Lansdownb. L. S. a WEST. [Bnolosure No. ].] CIRCULAR. Termination of oketain aetiolbs of the Treaty op WASHiNOTOif. 1885. DflPABTUBNT No. 87, Division of CiraTOJis. Teeasurt Department, Office of the Secretary, Wa3hi-\oion, D.C, June 17th, 1885. 2b ChOeetort of Custom* : UnitS'SofrS^Ku'^^^ Pi^lamation of the President of the iacIudinK article 21, temiJlfe^Sri&S^^S J3y 'Ts?/ *^* ^'^^^^ "' Washington of 1871, in»truc;^«Iat^"th^iSdt^ f T'''' f\ ««"-*«™ of «™toms are «f (^uy^la, Prince Edward fshSand NeifoundllLd^^^^^^ "^ *^« I^rmZl States from and after the said IstTjX S wHl Ch i?i ™»yi>«>mported into the United j laws, without regard to then, origin? ^' ' ^ ^^^^ ^ **"*y "°d«'' t»»e existing tariff (Sd.) DANIEL MANNING, Secretary. So.2. Governor-General to Secretary of State. Sir— wtk * Ottawa, 9th July, 1886. between H^r M^^^^aUerJm^'ir^^^ '*'**'°6 *'> the negotiations the 28tb April last, I have now tho honour to forward, herewith, for your information a copy of a despatch which I have received from Her Majesty's Minister at Washington, enclosinif copies of the currespondeDoe which has paseed between Mr. West and Mr. Bayard ia tho coarse of the negotiations, and in which the agreements ooncladed in this matter between the two Powers is embodied. I have, etc., The Right Honorable (Sd.) LANSDOWNB. The Sboretart of Stati For the Colonies. [Bncloaare No. 1.] Minister at Washington to Oovtmor- General. Washington, 22nd June, 1885. Mv Lord,— With reference to the correspondence which bus passed ooncerning the tem- porary arrangement proposed by the Secretary of State, in his memorandum, copy of which was enclosed in my despatch to your Excellency, No. 50 of the 23rd of April last, in oonse- Jucnce of the termination of the fishery articles of the Treaty of Washington on the Ist uly next, 1 have tho honour to inform your Excellency that I have been authorized by Earl Granville to negotiate such an arrangement, following as closely as pobsible the wishes of the Colonial Governments and on the distinct understanding that it is of a temporary nature and without prejudice to equivalents which might be required in a more permanent settlement. I therefore communicated to the Secretary of State the replies of Your Excel- lency's Government and of that of Newfoundland as convoyed to me by Earl Granville to the proposals contained in Mr. Bayard's above mentioned memo., and on the 19th I received from him a confidential letter, copy of which is herewith enclosed, in which he assumes that the replies oi' Your Excellency's Government and that of Newfoundland, embrace the acceptance by them of the general features of his memorandum with the understanding expres!ar information 's Aiinister at 1 between Mr. rhe agreementB DOWNB. June, 1885. lerning the tem- 1, copy of whioh I last, in oonse- ton on the 1st autliorized by iSible the wishes }f a temporary tore permanent of Your Excel' iarl Granville to 19th I received ch he assumes id, embrace the ) understanding tances affording he United Stales ;es that he has py of which is bating that they ivemment and of which is )B between the on the subject, ^dence as thus days by the |der which the im and he has 1 note, copy of I considered bvemment, the Leet the wishes S. WEST. |9th, 1885. ant, embrace tncea of the leneral features of my memo, of April 21 st, concerning a temporary arrangement reapeoting ihe fisheries, with the understanding expressed on their side that the '^ agreement has beea . r arrived at under circumstances affording prospect of negotiation for development and ex- |l< tension of trade between the United States and British North America." To such a contingent understanding I have no objection, indeed, I regard it as covered by the statement in my memo, of April 21st that the arrangement therein contemplated irould be reached with the understanding that the President of the United States would tiring the whole question of the Fisheries oefore Congress at its next session in December, nd recommend the appointment of a Commission in which the governments of the Jnited States and of Great Britain should be respectively represented, whioh Commission Bhould be charged with the consideration and settlement upon a just, equitable and honoor- ptble basis, of the entire (|uestion of the Ashing rights of the two governments and their sspective citizens, on the coast of the United States and British North America. The equities of the question being before such a mixed Commission would doubtlew Jiave the fullest latitude of expression and treatment on both sides, and the purpose in .jfView being the maintenance of good neighbourhood and intercourse between the two acountries, the recommendation of any measures which the Commission might deem neeea- pary to attain those ends would seem to fall within its province, and such recommendatioa |could not fail to receive attentive consideration. I I am not, therefore, prepared to state limits to the proposals to be brought forward in ;he suggested Commission on behalf of either party. I believe this statement will be satisfactory to you, and I shall be pleased to be in- formed at the earliest day practicable of your acceptance of the understanding on behalf (^ ritish North America, and by this simple exchange of notes and memoranda the agree- ent will be comploted in season to enable the President to make the result publicly known the citizens engaged in fisiiing on the British-American Atlantic coast. I have, &c., lie Honourable Sir Lionel S. Sackville West, K.C.M.O. (Sd.) T. F. BAYARD. [Enclosure No. 3.] From Sir L. S. S. West to Mr. Bayard. Washington, June 20th, 1885. |My Dear Mb. Bayard : I beg to acknowledge tlie receipt of your note of yesterday's date concerning the pro- posed temporary arrangement respecting the fisheries which I am authorized by Her Isjesty's Government to negotiate with you on behalf of the Government of the Dominion |or Canada and the Government of Newfoundland to be effected by an exchange of notes founded on your memorandum of the 21st April. The two confidential memoranda which I handed to you on the 13th instant, contain as you assume the acceptance by the Dominion and the British American Coast Provinces of |the general features of your above mentioned memorandum, with the understanding ez- aressed on their si le that the agreement has been arrived at under circumstances affording prospect of negotiation for the development and extensum of trade between the United states and British North America, a contingent understanding to which, as you state, you can have no objection as you regard it as covered by the terms of your memo, of April 21st. In authorizing me to negotiate this agreement Earl Granville states as I have already liad occasion to intimate to you that it is on the distinct understanding that it is a tem- j)orary one and that its conclusion must not be held to prejudice any claim which may he ^dvanced to more satisfactory equivalents by the Colonial Governments in the course of the ^Negotiations for a more permanent settlement. 1 Earl Granville further wishes me to tell you that Her Majesty's Government and the JColonial Government have consented to the arrangement solely as a mark of good will to 4he Government and people of the United States, and to avoid difficulties which might be "raised by the termination of the fishery articles in the midst of the fishing season, and also rthe acceptance of such modus vivendi does not by any implication affect the value of the inshore fisheries by the Governments of Canada and Newfoundland. 4 1 had occasion to remark to you that while the Colonial Governments are asked to ^guarantee immunity from interference to American vessels resorting to Canadian waters, no such immunity is offered in your memorandum to Canadian vessels resorting to American "waters, but that the Dominion Government presumed that the agreement in tins respeet Tfould be mutual. l(6~li As you aooepted this view it would I think be M well that mention ehould be made to tbk eff)»ot in the noten. Under the reienrationa ai above indicated in whioh I believe you acquiesce, I am pre- pared to accept the understanding on behalf of British North America and to exchange note* m the above sense. I have, dec, (Sd.) L. WEST. The Honorable T. F. Bayard. [iDoloiure No. 4.] Mr. Bayard to Sir L. S. S. Weit. , Dkpabtmsnt of Stats, Washinoton, 20th June, 1885. Sib, — I have just received your note of today's date in regard to the proposed temporary arrangement touching the fisherioB. Undoubtedly it is our clear and mutual understanding that the an-angement now made is only temporarjr, and it proceeds from the mutual good will of our respective governments^ and solely to avoid all dimoultios which might otherwise arise, from the termination of the fishing of 1885 in the midst of the season. I understand, also, that the same immunity which is accorded by this agreement to the Teasels belonging to the citizens of the United States engaged in fishing in the British- American waters will be extended to British vessels and subjects engaged in fishing in the waters of the United States. Perceiving, therefore, no substantial difference between our respective propositions and these statements as contained in our correspondence on the subject, I shall consider the agreement as embodied in our memoranda and the Correspondence between u.. as thutt concluded ; and public notification to that effect will be given in a few days by the Presi- dent. I have, &c., (Sd.) T. F. BAYARD. The Honorable Sir Lionbl S. Saokvili.e Wbst, K.C.M.O. [Enclosure No. 6.] Jlfr. Bayard to Sir L. S. 8. West. Dkpartmknt op Statb, Washington, 22nd June, 1885. Sib,— In compliance with your verbal request that I should re-state part of my note to you of the 19th, I repeat that the arrangement whereby a modua vivmdi on the fishery question has been reached, rests on the memoranda and correspondence exchanged ; that your memo, of the 13th mstant expressed the understanding on your side that the agreement has been arrived at under circumstances aflfording prospects of negotiation for the develop- ment a**d extension of trade " between the United States and British ruld be made to luieice, I am pre- a exobango notes L. WEST. 1 June, 1885. posed temporary >ment now mado ve governmenta, rmination of the ^eement to the m the British- in fishing in the propositions and iiall consider the een u,. as thus 's by the Presi- . BAYARD. d June, 1885. t of my note to on the fishery changed ; that the agreement )r the develop- America," that ed it as amply subject in th* lation of any would seem to attentive con- anguage, but concerned, to either party, inderstanding development AYARD. [Bncloiure Ifo. 6 | Minuter at Waahinglon to Mr. Bayard. WASiiiN'OTOif, June 22nd, 1885. Sir,— I have the honor to acknowledge the receipt of your notes o( the 20th and 22nd I instant, in regani to the proposed temporary arrangement touching Hslieries, in whioh you Htute that it is our clear and mutual underatandlH)^ tiiat such arrangement is only tem- porary, and that it proceed)) from tne mutual good will of our respective governments, and ' solely to avoid all difficulties which migbi otherwise arise from the termination of the fishing I of 1 885 in the midst of the season. Also that the same immunity which is accorded by this agreement to the vessels I belonging to the citizens of the United States engaged in fishing m the British American I waters will be extended toBritish vessels and subjects engaged in vshing in the waters of the I United States, and that the agreement has been reached undor circumstances affording a prospect of negotiation for the development and extension of trade between the Unitod I states and British North America. As therefore there exists no substantial difference between our respective propositions I and the statements as contained in our correspondence on the subject 1 shall consider the agreement as embodied in our memoranda and the correspondence between us as thus concluded and shall inform Uer Majesty's Qovernmont and tlie governments of the Dominion of Canada and Newfoundland accordingly. I have, &e., (Sd.) L. WEST. The Honourable T. F. Batard. No. 8. Qovernor Oeneral to Secretary of State, Ottawa, 9th July, 1886. Sib,— -With reference to my dospatoh No 212 of this day, and previoas oorres- pondenoe relating to the termination of the operation of the fishery olaoses of the Treaty of Washington, I have the honoar to forward herewith for your information a copy of a despatch from Her Majesty's Minister at Washington, transmitting a copy of a Treasury oiroolar issued to United States' Collectors of Customs on the subject of the duties to whioh imports of fish and fish products from Canada are liable after the 1st July of the present year. I have, &o., (Sd.) LA.NSDOWNB. The Right Honourable, Tf^ Secretary of State for the Coloniea. Vide Enclosuro No. lofNo. 1. No. 4. Minister at Washington to Governor Oeneral. Wabhinqton, 16th July, 1836. Mr LoBD, — In connection with the fisheries question I have the honour to ■enclose to Tour Excellency herewith an article from the "Nation" newspaper, setting forth the advantages which accrued to both countries under the treaties of 1854 and 1871. I have, &o., (Sd.) L. S. S. WEST. His Excellency, Thk Marquis of Lansdownb. [Rncloeare No. 1.] [Extract from the Nation of July 9tb, 1835 :— ] The Fishbbibs. No more apt illustration can be found of the folly of a protective tariff than that wtiit^ the periodical recurrence of the fisheries dispute affords. If Canada, and the United States were joined together by a political union all commercial and industrial bickering between the 6 two countries would cease at once. There would be no more cause of irritation than there is between the fishermen of New York and those of New Jersey. We should never hear of the shore line, and the headland, and the marine league, and the right to buy bait and to cure Bab, and the other unpleasant controversies which are now vexing the statesmen of the two countries. If all these commercial questions could be put at rest as to both, by a political resolution in which both should unite, why may they not be settled by a treaty ? Simply because the country has got its head set on the notion that every body who produces anything that can be imported from abroad must be protected against foreign competition. The Treaty ofWashington, which admitted fish and fish oil free of duty in return for the privileges accorded to American fishermen in Canadian waters, was forced upon the Gloucester fishermen against their protest, and they have never ceased to consider themselves badly used by it— not because they have any natural right to shut out other people's fish from the market, but because they see other people's iron, woollen, and cotton goods shut out for the benefit of American producers and manufacturers . In order to vindicate the " great principle " in behalf of fish and blubber, wo gave notice of the termination of the fishery clauses of the treaty, and now we are in hot water again, as we have been half a-dozen times before. Yet it is witliiu the recollection of n^ost of our readers that for ten years prior to 1 864 there was peace and content between the two countries under the Reciprocity Treaty. The products of the soil, the mines, the forests and the waters were admitted free of duty into both countriep, and nobody fancied himself harmed on either side of the border. But the Morrill tarifl was passed in 1861, and straightway the lumbermen, the fishermen, the co»l miners, the potato growers, the stone quarriers, and even the ice cutters began to clamour for protectioru The friends of the Morri'l tariff saw that they must maintain their consis- tency by abrogating the treaty as soon as its terms permitted. Being all powerful in the councils of the nation, they gave notice of its termination, and then we had difficulties and disputes about fishing rights until the Alabama claims came up for settlement. In con- sidering these claims it was wisely decided to make one chapter of all outstanding differ- ences between Great Britain and the United States. So the fisheries question and the San Juan Island question were included in the adjustment. England paid us $ld,000,OUOfor the rebel cruiser depredations and surrendered San Juan Island to us. We paid her $5,000,000 for the use of the fisheries during the period which had elapsed since the abro- gation of the Reciprocity Treaty, and agreed that in consideration of the future use of these privileges, we would admit Canadian fish and oil free of duty — a grant which would have been advantageous to the nation at large, even without any corresponding grant on the other side. It is too late now— the world has gone forward too far — to make a serious matter of the old Treaty of 1818, which the Gloucester fishermen denounce as a violation of their rights and a thing to be abrogated at all costs ant hazards. This treaty conceded to the British authorities the right to forbid American fishing vessels from entering Canadian ports for any purpose except for shelter or to procure wood and «,\ter, thus cutting them off from all commercial privileges, and putting into the hands of t^^ Canadians the power to drive our vessels to sea, and forbid the purchase of ice or bait or supplies. This extraordinary conces- sion on our part constitutes the basis of most of the hostile legislation uf the Dominion. They ought not to insist upon it. The right to sell is equal to the right to buy. If our fisher- men gain anything by purchasing bait and supplies in their ports, the Canadian vendors sain as much. On the other hand, the right to buy is equal to the right to sell. If Canadian fishermen gain anything by selling their mackerel and cod in our markets, the American consumers gain as much. It is a poor rule which will not work both ways. What is wanted now is not a collection of ironclads on the fishing grounds to protect m^diioval rights, and enforce an exploded mercantile idea, but {.n abandonment on both sides of e false principle, which as£umes that the producers of a given article have a right to be protected, at the expense of the whole community, against foreign competition. The abrogution of the Treaty of 1818, which the fishermen now call for, will of course bring up the question of the tariff, since they insist stoutly upon the enforcement of existing duties on fish, and even ask that the ridiculous Treasury regulations, Avhich have multiplied and augmented the restrictions upon trade, shall be enacted into law. One of these regula- tions declares that " fish, fresh, for consumption," which are free of duty under the general tariff, must not be frozen, since in order to make them fit for consumption, they must first be thawed. Frozen fish, therefore, are put in the same category as smoked or salted fish, and made dutiable at the rate of 50 cents per 1^,0 pounds. Again, if the fish are delivered fresh and unfrozen in the American market, and are not immediately consumed, but are salted oi smoked for future use, they become dutiable under the rulings of our wise and vigilant Treasury expounders. These regulations the fishermen insist upon having enacted into law at once, lest some present or future Secretary should take it into his head that fresh fish are all fish not smoked, dried, salted, or pickled. Whatever the most fanatical pro Uf to< of'l cht We thel or tl havl 187 f its I Mr. .tion than there is never hear of the bait and to cure iesmon of the two ith, by a political treaty ? Simply roduces anything ition. The Treaty rivileges accorded fishermen against used by it— not the market, but For 4he benefit of jat principle " in ises of the treaty, •6. irs prior to 1864 ity Treaty. The •ee of duty into border. But the fiermen, the co»I egan to clamour tain their consis- powerful in the 1 difficulties and lement. In con- itstanding di^er- tion and the San is $15,000,000 for I. We paid her d since the abro- ire use of these lich would have ing grant on the is matter of the of their rights to the British [nadian ports for lem off from all er to drive our rdinary conces- the Dominion. . If our fisher- nadian vendors If Canadian the American hat is wanted al rights, and false principle, tected, at the pill of course ;nt of existing ive multiplied It' these regula- jer the general |hey must first or salted fish, ire delivered imed, but are )ur wise and hving enacted )is head that lost fanatical protectionists can conceive in the way of restrictions upon commerce they intend to urge upon the Government, demanding, as they say, " only the same protection that is afforded to every other producing industry." The corollary of such a demand is either a succession of " outrages " producing national irritation and leading to armed hostilities, or the pur* chase on our part of the fishing privileges for which we paid $5,000,000 a few years agow We do not imagine that Minister Phelps, or Secretary Bayard, or President Cleveland, or the Congress of the United States will give their sanction to any policy which points to war^ or to an annual appropriation of money from the Tieasury to buy fishing rights, when they have before them the peaceful and cheap alternative presented by thfe treaties of 1854 and 1871. As to the decaying doctrine of protection, the time has come to hit whenever it shows its head. No. 6. Secretary of State to Govemor-Qeneral. Downing Stbebt, 2lBt July, 1885. Mr Lord, — I anderstand that Her Majeeiy's Minister at Washington has ooni:- I monioated to you copies of the notes which have been exchanged between himself' ; and the Government of the United States recording the arrangement recently arrived !^ at with that Government upon the subject of the fisheries. I Her Majesty's Government trust that the terms of the arrangement made betweea '^ Mr. West and Mr. Bayard are satiafaotory to yoar Government. I have, &o., (bd.) FRED. STANLEY. Ilici Excellency ThB GoYXBNOa-GlNiaAL. No. 6. Minister at Washington to Oovemor-General. WASHiNaTON, 21st July, 1885. Mt Lord, — I have the honour to enclose to your Excellency herewith copies of the correspondence on the subject of the agreement between Great Britain and the United States respecting the Fisheries which has been officially published by the U,. S. Government. His Esoellency The Governor-General. I have, &c.. (Sd.) L. WEST. LBnclosnre No. I] AOBBBMBNT BETWEEN THE UnITED StATES AXD GuEAT BrITAIH RBSPKOTINO THE FISHERIES.. Concluded June 22nd, 1885. NOTICE. By direction of the President, the undersigned. Secretary of State, hereby makes known to all whom it may concern that a temporary diplomatic agreement has been entered into between the Government of the United States and the Government of Her Britannic Majesty in relation to the fishing privileges which were granted by the fishery clauses of the treaty between the United States and Great Britain of May 8th, 1871, whereby the privilege of fishing, which would otherwise have terminated with the treaty clauses on the Ist of July proximo, may continue to be enjoyed by the citizens and subjects of the two countries engaged in fishing operations throughout the season of 1 885. This agreement proceeds from the mutual good-will of the two Governments, and luw been reached solely to avoid all misunderstanding and difficulties which might otherwise arise from the abrupt termination of the fishing of 1885 in the midst of the season. Tha 8 immunity which ie accorded by this agreement to the vessels belonging to citizens of the -S ]oc| United States engaged in fishing in the British American waters will likewise be extended 9 citi to British vessels and subjects engaged in fishing in the waters of the United States. M fjg^ The joint resolution of Congress of March 3rd, 1883, providing for the termination of the | fig! fishing articles of the treaty of M!ay 8th, 1871, having repealed in terms the Act of March 1st, | yed 1873, for the execution of the fishing articles, and that repeal being express and absolute from m of j the date of the termination of the said fishing articles, under due notification given and pro- 9 the claimed by the President of the United States, to wit, July 1st, 1885, the present temporary 1 ^et agreement in no way affects the question of statutory enactment or exemption from custom M xjnl duties, as to which the abrogation of the fishing articles remains complete. m gesl As part of this agreement, the President will bring the whole question of the fisheries ]■ mei before Congress at its next session in December, and recommend the appointment of a joint S con commission by the Governments of the United States and Great Biitain to consider the 9 anc matter, in the interest of maintaining good neighborhood and friendly intercourse between |g the] the two countries, thus affording a prospect of negotiation for the development and extension of trade between the United States and British North America. Copies of the memoranda and exchanged notes on which this temporary agreement rests are appended. Reference is also made to the President's proclamation of January 31st, 18S5, terminating the fishing articles of the Tr^at; of Washington. By direction of the President, T. F. BAYARD, Secretary of State. [EneloBure No. 2] Mr. Bayard /• Mr. West, April 22nd, 1885. L Memorandum of April 22nd, 1885. Depabtment of State, Washington, April 22nd, 1885, Dear Mr West,— I have on several occasions lately, in conversation, acquainted you with my interest in the fisheries memorandum which accompanied your personal letter of Harch 12th. Several informal talks I have had with Sir Ambrose Shea have enabled me to formulate the views of this Government upon the proposition made in behalf of the Dominion and the Province of Newfoundland, and I take pleasure in banding you herewith a memorandum embodying the results. If this suits, I shall be happy to confirm the arrangement by an exchange of notes at your early convenience. 1 am, my dear Mr. West, very sincerely yours, T. F. BAYARD. The Hon. L. S. Saokvillb Wbst, &c. [SncIoBure No. 3.] JiKHCRANDUM. The legislation passed by the Congress of the United States, Act of March Ist, 1873, for the execution of the fishery articles of the Treaty of Washington, has been repealed by the joint resolution of March 3rd, 1883, the repeal to take effect July 1st, 1885. From that date Hbe effects of the fisheries articles of the Treaty of Washington absolutely determine, so far •8 their execution within Ihe jurisdiction of the United States is concerned, and without new legislation by Congress modifying or postponing that repeal the Executive is not constitu- tionally competent to extend the reciprocal fisheries provisions of the treaty beyond the 1st of July next, the date fixed by the action of Congress. Mr. West's memorandum of March 12th, 1885, suggests the mutual practical convenience that would accrue from allowing the fishing ventures commenced prior to July Ist, 18S5, to continue until the end of the season for fishing of that year, thus preventing their abrupt 'termination in the midst of fishing operations on the 1st of July. ^ It has been, moreover, suggested on the part of the Province of Newfoundland and of the Dominion of Canada, that in view of the mutual benefit and convenience of the present o citizens of the ise be extended States. rmination of the ict of March 1st, id absolute from ti given and pro- Bsent temporary ion from custom n of the fisheries itment of a joint to consider the rcourse between it and extension agreement rests 8S5, terminating RD, try of State. local traffic, con'^isting of the purchase of ice, bait, wood, and general ship supplies by the citizens of the United States engaged in fishing from the inhabitants of the British American fishing coast, the usual operations of the fishing season of 1885 should be continued by the fishing vessels belonging to citizens of the United States until the end of the season of that year, and that the local authorities of Newfoundland and the Dominion of Canada, in a spirit of amity and good neighbourhood, should abstiin from molesting such fishermen or impeding their progress or their local traffic with the inhabitants incidental to fishing during the remainder of the season of 1885, and all this with the understanding that the President of the United States would bring the whole question of the fisheries before Congress at its next session in December, and recommend the appointment of a commission in which the Govern- ments of the United States and of Great Britain should be respectively represented, which commission should be charged with the consideration and settlement, upon a just, equitable, and honourable basis, of the entire question of the fishing rights of the two Governments and their respective citizens on the coasts of the United States and British North America. The President of the United States would be prepared to recommend the adoption of such action by Congress with the understanding that in view and in consideration of such promised recommendation there woulri be no enforcement of restr ctive and penal laws and regulations by the authorities of the Dominion of Canada or of the Province of Newfoundland, against the fishermen of the United States resorting to British American waters between the 1st of July next and the close of tbe present year's fishing season ; the mutual object and intent being to avoid any annoyance to the mdividuals engaged in this business and traffic, and the irritation or ill-feeling that might be engendered by a harsh or vexatious enforcement of stringent local regulations on the fishing coast pending an effort to have a, just and amic- able arrangement of an important and somewhat delicate question between the two nations. Public knowledge of this understanding and arrangement can be given by an exchange of notes between Mr. West and myself, which can be given to the press. I 22nd, 1885. acquainted you tersonal letter of e to formulate minion and the a memorandum Ingement by an [Enclosure No. 4.1 Mr. Weai'a Memoranda of June \Zth, 1885. [Memoranda]. It is proposed to state in notes according temporary arrangements respecting fisheries that an agreement has been arrived at under circumstances affording prospect of negotiation for development and extension of trade between the United States and British North America. The Government of Newfoundland do not make refunding of duties a condition of their Acceptance of the proposed agreement, but they rely on it having due consideration before the international commission which may be appointed. BAYARD. 3h Ist, 1873, for Repealed by the iFrom that date ]termine, so far id without new not constitu- I beyond the 1st lal convenience lily Ist, 18S5,to Ig their abrupt indland and of I of the present LBaclosure No. 5.] BT THE PRESIDENT OF THE UXITHD STATUS OF AMERICA. A PROCLAMATION. Whereas the treaty concluded between the United States of America and Her Mnjesty the Queen of Great Britain and Ireland, conoludad at Washington on the 8th day of May, x871, contains among other articles the follow. ng, viz : « Article XVIII." " It is agreed by the High Contracting Parties that, in addition to the liberty secured to the United States fishermen by the Convention between the United States and Great Britain tigned at London on the 20th day of October, 1818, of taking, curing, and drying fish oncer- tain coasts of the British North American Colonies therein defined, ttie inhabitants of the United States shall have in common with the subjects of Her Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIll of this treaty, to take fish of every kind, except shell-fish, on the sea coasts and shores, and in the bays, harbours and creeks of the Provinces of Quebec, Nova Scotia and New Brunsv ick, and the Colony of Prince Edward's Island, and of the several islands thereunto a(^acen£, without being restricted to any diatanca 10 from the shore, with permissicn to land up on the said coasts and shores and iBlands, and also upon the Magdalen Tslands, for the purpose of drying their nets and curing their iish ; Provided that in so doing, they do not interfere with the rights of private property, or with Brituh fishermen, in the peaceable use of any part of the eaid coasts in their occupancy for the same purpose. " It is understood that the above mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisheries, and all other fisheries in rivers and the mouths of rivers vte hereby reserved exclusively for British fishermen." "Article XIX." " It is agreed by the High Contracting Parties that British subjects shall have, in common with the citizens of the United States, the liberty, for the term of years mentioned ia Article XXXIII of this treaty, to take fish of every kind, except shell-fish, on the eastern sea coasts and shores of the United States north of the thirty ninth parallel of north latitude, and on the shores of the several islands thereunto adjacent, and in the bays, harbours and creeks of the said sea coasts and shores of the United States and of the said islands without being restricted to any distance from the shore, with permission tp land upon the said coasts of the United States and of the islands aforesaid, for the purpose of drying their nets and cur- ing their fish ; provided that, in so doing, they do not interfere with the rights of private property, or with the fishermen of the United States ixi the peaceable use of any part of the said coasts in their occupancy for the eame purpose. " It is understood that the above mentioned liberty applies solely to the sea fishery, and Chat salmon and shad fisheries, and all other fisheries in rivers and mouths of rivers, are hereby reserved exclusively for fishermen of the United States . " "Abticlb XX." " It isagreed that the places designated by the Commissioners appointed under the first Article of the Treaty between the United States and Great Britain, concluded at Washington on the 5th of June, 1854, upon the coasts of tier Britannic Majesty's Dominions and the United States, as places reserved from the common right of fishing under that Treaty, shall be regarded as in like manner reserved from the common right of fishing under the preceding articles. In case any question should arise between the Governments of the United States and of Her Britannic Majesty as to the common right of fishing in places not thus design- ated as reserved, it is agreed that a Commission shall be appointed to designate such places, and shall be constituted in the same manner, and have the same powers, duties and authority as the Commission appointed under said first Article of the Treaty of the 5th of June, 1854." "Artiolb XXI." "It is agreed that, for the term of years mentioned in Article XXXIII of this Treaty, fii-h oil and fish of all kit ds (except fish of the inland lakes, and of the rivers falling into them, and except fish preserved in oil), being the produce of tlie fisheries of the United States, or of the Dominion of Canada, or of Prince Edward's Island, shall be admitted into each country, respectively, free of duty." r* J — ' -j tt u * sfa '1 ar 1 at d€ 1 on i fbi 3 tic 1 'i »H I wiL i ofl on I mL "Aetiole XXII." '• Inasmuch as it is asserted by the Government of Her Britannic Majesty that the privileges accorded to the citizens of the United States under Article XVIII of this Treaty are of greater value than those accorded by .articles XIX aua XXI of this Treaty, to the subjects of Her Britannic Majesty, and this assertion is not a^lmitted by the Government of the United States, it is further agreed that Commissioners shall be appointed to determine, having regard to the privileges accorded by the United States to the t-ubjects of Her Britannic MajeFty, as stHted in Articles XIX and XXI of this Treaty, the amount of any compensation which, in their opinion, oupht to be paid by the Government of the United Ftates to the Government of Her Britannic Majesty in return for the privileges accorded to the citizens oi the United States under Article XVIII of this Treaty; and that any sum of money which the said Commissioners may so award shall be paid by the United States GoveiTunent, in a gross sum, within twelve months after such award shall have been given." " Aeticle XXIII." " The Commissioners referred to in the preceding Article shall be appointed in the following manner, that is to sey : One Commissioner shall be named by the President of 11 md Ulands, and uring their tish ; •roperty, or wita ir occupancy for sea fishery, and Qouths of rivers liave, in common B mentioned ia t the eastern sea rth latitude, and ours and creeks s without being I said coasts of irnets and cur- 'ights of private f any part of the sea fishery, and IS of rivers, are d under the first d at Washington i and the United Treaty, shall be r the preceding e United States ot thus design- ate such places, es and authority lof June, 1854." of this Treaty, [ers falling into is of the United admitted into fajesty that the of this Treaty ] Treaty, to the I Government of to determine^ lubjects of Her \ amount of any i of the United IPS accorded to I that any sum United States \e been given." 1 pointed in the President of the United States, one by Her Britannic Majesty, and a third by the President of the United States and Her Britannic Majesty conjointly; and incase the third Ck>mmi9sioner sha]l not have been bo named within a period of three months from the date when this article shall take effect, then the third Commissioner shall be named by the Representative at London of His Majesty the Emperor of Austria and King of Hungary. In case of the deatli, absence, or incapacity of any Commissioner, or in the event of any Commissioner omitting or ceasing to act, the vacancy shall be filled in the manner hereinbefore provided for making the original appointment, the period of three months in case of such substitu- tioD being calculated from the date of the happening of the vacancy. " The Commissioners so named shall meet in the City of Halifax, in the Province of Nova Scotia, at the earliest convenient period after they have been respectively named, and shall, before proceeding to any business, make and subscribe a solemn declaration that they will impartially and carefully examine and decide the matters referred to them to the best of their judgment, and according to justice and equity ; and such declaration shall be entered on the record of their proceedings. ' Each of the High Contracting Parties shall also name one person to attend the Com- mission as its agent, to represent it generally in all matters connected with the Commission." « Article XXIV." " The proceedings shall be conducted in such order as the Commissioners appointed under Articles XXII and XIII of this Treaty shall determine. They shall be bound to receive such oral or written testimony as either Government may present. If either party shall offer oral testimony, the other party shall have the right of cross-examination, under such rules as the Commissioners shall prescribe. " If in the case submitted to the Commissioners either party shall have specified or alluded to any report or document in his own exclusive possession, without annexmg a copy, such Party shall be bound, if the other Party thinks proper to apply for it, to furnish that Party with a copy thereof; and either Party may call upon the other, through the Commis- sioners, to produce the originals, or certified copies of any papers adduced as evidence, giving in each instance such reasonable notice as the Commissioners may require. " The case on either side shall be closed within a period of six months from the date of the organization of the Commission, and the Commissioners shall bo requested to give their award as soon as possible thereafter. The aforesaid period of six months may be extended for three months in case of a vacancy occurring among the Commissioners under the circum- stances contemplated in Article XXIII of this Treaty." " Article XXV." " The Commissioners shall keep an accurate record and correct minutes or notes of all i their proceedings, with the dates thereof, and may appoint and employ a secretary and any )^ other necessary officer or oflBcers to assist them in the transaction of the business which may / come before them. ! " Each of the High Contracting Parties shall pay its own Commissioner and agent or counsel ; all other expenses shall be defrayed by the two Governments in equal moieties." Article XXX." " It is agreed that, for the term of years mentioned in Article XXXIII of this Treaty, subjects of Her Britannic Majesty may carry in British vessels, without payment of duty, goods, wares, or merchandise from one port or place within the territory of the United States upon the St. Lawrence, the Great Lakes, and the rivers conneding the same, to another port or place within the territory of the United States as aforesaid : Provided, that a portion of such transportation is made through the Dominion of Canada by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Government of the United States. " Citizens of the United States may for the like period carry in United States vessels, without payment of duty, goods, wares, or merchandise from one port or place within the Possessions of Her Britannic Mejesty in North America to another port or place within the said Possessions : Provided, That a portion of such transportation is made through the territory of the United States by land carriage and in bond, under such rules and regulations as may be agreed upon between the Government of the United States and the Government of Her Britannic Majesty. " The Government of the United States further engages not to impose any export duties on goods, wares, or merchandise carried under this article through the territory of the United States 5 and Her Mtyesty's Government engages to urge the Parliament of the Dominion of 12 Canada and the Legislatures of the other colonies not to impo^io any export duties on goods, wares, or merchandise carried under tiiis article ; aniDion that any rOEPOTB. ;aBt, 1885. last, transmit- the agreement ere with a copy ng the satiafac- ;h appreciation matter, f State for the 3D0WNB. pt is perfectly ible manner in ^e negotiations. copy of this to the British 1^' vy CouneiU No. 12. Governor General to Secretary of State. Ottawa, 2lBt August, 1885; i Sir, — With reference to your despatch (No. 160) of the 21st ultimo, I have the lonor to enclose herewith a copy of an approved report of a Committee of the Privy Ck)nnoil expressing the satisfaction of ray Government with the arrange- '( N^Ti^ ment respecting the fisheries which has been concluded with the United ° °' ' States, and their high appreciation of the ability- with which Her Mir jjesty's Minister at Washing ton has conducted the negotiations. ' I have forwarded a copy of this Minute of Council to Sir L. S. Sackville West. I have, &Ci, Excellency the i ^atch dated 21 st expressing the lor at Wasbing- lo the Canadian The Right Hononrable The Seobetaby of State fob the Colonies. No. 13. (Sd.) LANSDOWNB. Governor General to Secretary of State. Ottawa, 4th September, 1885. Sib, — With reference to your despatch No. 167, of the 11th ultimo, expres8in|r he desire of Her Majesty's Government that my Government and that of Newfound- land shouM take steps toward defining the exact proposals to be made to the Govern- lent of the United States in anticipation of the negotiations which are anticipated in view of the termination of the temporary arr.'in>reiuent recently conclnded res- tecting the fisheries, I have the honour to forward herewith a copy of an approved 'oportof Committee of the Privy Council, from which it will be seen that communi- laiions will at once be opened with the Government of Newfoundland in order to lecure a discussion of the whole question between the two Governments. I have to-day communicated by cable with the Government of Newfoundland on !)his matter. I have, &c., (Sd.) LANSDOWNB. The Bight Honorable, The Seobetabt of State fob the Colonies. [Enclosure Ns. 1.] jEiixiFiED Copy of a Report of a Committee of the Honorable the Privy Council for Canada, j approved by Hia Excellency the Governor General in Council on the 3rd September, 1835. j The Committee of the Privy Council have had under consideration a despatch dated llih •t)f August, 188;'), from the Right Honourable the Secretary of State for the Colonies advising Jliat ller Majesty's Government deemed it desirable that steps should be taken by the Cana- jclian Government in concert with the Govcinment of Newfoundland to decide definitely on ■the exact nature of the proposals to be made to the Government of the United States in an- ticipation of the negotiations which are contemplated in view of the termination of the tem- borary arrangement lately made between Her Majesty's Minister at Washington and the XTnited States Government, arising out of the termination of the Fishery Articles of the •Treaty of Washington on the 1st July last. , The Right Hon. the President of the Council, to whom the despatch was referred, recom- ■luends that communication should be had both by cable and letter inviting the Government of Newfoundland either to send a representative to Ottawa to discuss the whole questioa, or, if that be inconvenient, to communicate the views of the Island Government. If The Cojamittee concur in the recommendation of the President of the Council and they •ivise that Your Excellency be moved to transmit a copy of thii Minute, if approved, to ITib Bxoellency the Governor of Newfoundland and also to the Right Hon. the Heoretary of Rtate for the Colonies, ao as to inform him of the action taken by the Canadian Qovernment on his despatch of the 11th August ult. All of which is respectfully submitted for Your Excellency's approval. (Sd.) JOHN J. McGEE, Clerk Privy Councik No. 14. Governor General to Governor of Newfoundland. Ottawa, 4th September, 1885. Sib, — I had the honour to send yoa to^lay a telegraj^hio message as follows : — " Iq antioipatiOD of negotiations approaehing terminatioa of arrangement rea* peoting fishery question, Dominion Government invite representative from cl Ns^i'a^ Newfoundland to visit Ottawa to fnlly discuss whole question ; if inoon> venient, request views of your Ministers. Despatch follows by mail." I have now the honour to forward a copy of an approved report of a Oommittee of the Privy Council dated the Srd inst., on which my telegram was based. I have, &o., (Sd.) LANSDOWNB. His Bxoellency Tbi Gotsrnob of Nswfoundland. No. 15. Copy of telegram from Mr. Carter, of Newfoundland, to Governor Geaeral. St. John's, 7th September; 1885. Your telegram of 4lh September submitted to Bxecutive Council who wait for ^ despatch. (Sd.) CAKTER. No. 16. The Administrator of Newfoundland to Governor General. Newjcounoland, 21st September, 1886. Mr Lord,— I have the honour to acknowledge the receipt of Your Lordship's despatch of the 4th instant, addressed to Sir John Glover, with a copy of your tele- graphic message of the same date, also a copy of an approved report of a Committee of the Privy Council, on which the telegram was based, having reference to proposals to be made to the Government of the United States in anticipation of the negotiatiouB contemplated in view of the expiration of the temporary arrangement lately made between Her Majesty's Minister at Washington and the United States Government, arising out of the articles of the Treaty of Washington, terminated on the 1st oi July last, and suggesting that a delegate should proceed from this country to confer with the Government of the Dominion, or that the views of the Newfoundland Gov- ernment be communicated respecting a new Fisheries arrangement between the United States, Canala and Newfoundland. 17 e Council and they if approved, to I Ha 1. the Secretary of ladian Government 1. MoGEE, rk Privy Council, tember, 1885. :« as follows :— arrangement res- presentative from aestioD ; if inoon- >wfl by mail." t of a Oommittee 9 based. NSDOWNB. r Geaeral. ember; 1885. noil who wait for CABTER. imber, 1885. Toar Lordship's >y of your tele- of a Committee noe to proposal the negotiatiooe BDt lately made es Government, on the 1st oi antry to confer vfoandland Gov- t between the The Council request mo to oomraanicate to Your Lordship that the number of their body being now only four mombern, and a general election being appointed to take place on the 3 let of October next, they do not feel themselves at present in a position to send a delegate to Canada or to offer any definite expression of tho views of tho C>iony on the important Bubjoct in question, and at their suggestion I have refipeotfully to request that any further proceeding on the part of this Govern- ment be deferred until the result of tho approaching election shall have been asoer* tained. The Council would be glad in the meantime to bo favoured with the views of the Dominion Government in relation to thiii subject. I have, &c., (Sd.) M. T. CARTER, Administrator, His Excellency The Governor General. No. 17. Minister at Washnjton to Deputy Governor. Wabiunoton, 10th October, 1885. Sir, — I have the honor to enclose herewith copies of a circular issued by tho Committee oi the Boston Fie h Bureau, iind to inform yon that I have called the utten- tion of the Secretary of State thereto. I have &c., (Sd.) L. S. S. WEST. The Deputy Governor, OUawa. [Baclosure No. 1 ] Boston, September, 1885. Dear Sir,— The Boston Fish Bureau, an organization composed of the principal wholesale dealers and commission merchants in fish of ttiis city, has passed the following resolution : Rtaolved, That tiie Boston Fish Bureau earnestly favors such an arrangement between the United States, the D iminion of Canada, and the Province of Newfoundland as shall include the reciprocal admission, free of duties, of the pr jducta of the fisheries of these countries. We desire to present the reasons for this resolution, and to appeal to the dealers in and consumers of fish throughout the country, to aid us in impressing upon Congress the impor- tance of free iniporvation of fish from the British Provinces. It is well known that the New England Fisheries do not produce certain varieties of fish which the trade requires, and of certain other kinds the supply obtained on our coast is entirely inadequate to our needs. We are obliged to rely entirely upon the Provinces for our stock of fat herring and for the larger part of the che'aper grades of herring, both pickled and smoked, of alewives, salmon, trout and shad. We need the hard dried codfish of Newfoundland and the choice slack-salted codfish and pollock of Nova Scotia For several years past the mackerel caught in American waters have been mostly of small size, and we have needed the larger fish caught in Canadian •waters. During the past two winters we could not have filled orders for large fat mackerel except for the supply obtained from Nova Scotia an I Prince Edward' Island. Present indi- cations point to a repetition of this condition during the coming winter. Whatever we need from Canada must be obtained at the additional expense of the duties, which the consumer must piiy. The duties, being specific, boar very heavily on the cheaper grades of fish, amounting in many cases to from fifty to one hundred per cent, on the original cost, and resulting in a prohibition of imports or a very la gely enhanced cost to the cansumer. The i)eople who will gain anything by tho exaction of duties are a few hundred vessel owners in New England. The pretence that protective duties on fish is an encouragement to American fishermen, and tho argument lliat the fisheries furnish a training school for ou'( iiavy, were long since exploded by the fact that a very large proportion of the men who fish. lt)6-ki 18 H in Amerioan veasols are oiti/.en8 of the Britiah Frovinoes. Hordes of them come here ererv spring, man our vessels for the tiihing Hoason, and return home when it is over. It is esti- mated that from fifty to seventy-tive per cent, of the men in the Qloucestor mackerel fleet are citizens of the Dominion of Canada, and the same is true to a greater or less extent of other fishing ports. It Ih acknowledged that without them we wouM be unable to man our fleet. These men have no interest in our country and its institutions, and in the event of war with England would be found in the enemy's fleet. Is it fair that we should be taxed for their support, or that a few owners of fishing vessels should reap an advantage obtained at the expense of the groat body of consumers ot fish in all parts of the tountry ? As dealers in fisb, handling large quantities of the products of the sea, we feel that our intereHts are identical with yours in demanding that there should be no duties on articles of food which are consumed so largely by peopV of moderate means. Questions of a larger nature, involving matters of international importance, make it probable that the subject of reciptocity with Canada will come before Congress at its next session. We ask of you that you will use your best efforts *o impress ui)on your Senators and Representatives that they should vote upon this question in accordance with your interests and with the interests of a large majority of the people of the country. Respectfullv yours, WILLIAM F. JONES, C. W. WRIGHTINGTON,! EDWARD T. RUSSELL, L. PICKEUT, B. F. DkBUTTS, Committee of the Boston I-'ish Bureau. No. 16. No. 18. I>ej)uty Governor to Secretary of State. Ottawa, 16th October, 1885. Sir, — With reforonce to previous correspondence touching the negotiations oon- tomplatod in view of the expiration of the temporary arrangement with the United States respecting the tisbories, I have the honour to forward herewith for your information a copy of a despatch from the officer administrating the Government of Newfoundland, in reply to a suggestiott made by the Governor General that a delegate from that Government should visit Canada for the purpose of conferring with the Government of the Dominion regarding the proposals to be made in councction with the anticipated negotiations referred to, or that, failing the visit of a delegate, '^tho Newfoundland Government should communicate its views upon the matter. I have caused a copy of this despatch to be communicated to the Privy Council for their consideration. I have, &c., (Sd.) W. J. EITOHIB. The Right Honourable The Seoretary of State for the Colonies. No. 19. Deputy Governor to Secretary of State. Ottawa, 16th October, 1885. Sir, — I have the honour to forward herewith for your information a copy of a despatch which I have received from Her Majesty's Minister at Washington enclos- i ing copies of a circular issued by the Committee of the Boston Fish || Bureau which embodies a resolution of that body in favour of reoipro. ^ No. 17. 1 come here erery s over. It ia esti- tor mackerel fleet r or logs extent of inable to nian our 1(1 in the event of should be taxed Ivantage obtained ntry '! %, we feel that our ities on articles of lestions of a larger ^biit the subject of iTe oak of you that ntatives that they 1 the interests of a Committeo of the iston Fish Bureau. 10 oity between the United States, Canada and Newfoundland, in respoot of the pro^ daots of the iiBhorieH of those cuantrioH. I bavo oansod a oopy of this despatch and encloHuros to bo oommanioatod to tho Privy Council for their information. I have, ^c, (Sd.) W. J. RITCHIE. Tbe Right Honourable Thi Skobxtart of Statu fob the Coloniks. No. 20. ' Colonial Office to Governor General. Downing Stbeet, 4th November, 18SS. My Lord, — I have the honour to acknowledge the receipt of the Deputy Gov< emor's despatch No. 36, of tho Ifith ultimo, enclosing copy of one addriniiod to you by the OfBcer administering the Government of Newfoundland, relating to tho nego- tiations contemplHted in view of tho expiration of the temporary arrangement with the United States Qovernmont respecting the fisheries. I bave, &c., (Sd.) FRED. STANLEY. His Excel leroy The Governor Ginxbal. tober, 1885. legotiationH oon-' with the United )rward herewith r administrating y the Governor for the purpose proposals to be that, failing tbe licate its views le Privy Council RITCHIE. No. 21. Governor General to Administrator , Neirfoundland. Ottawa, 2Qih November, 1886. Sib, — ^Witb reference to your despatch of the 21st September last, and previoa- correspondence relative to the suggestion of my Government that tbe Government of Newfoundland should send a delegate to Ottawa to confer with tbom upon the sub- ject of a new fithories arrangement between tbe United States, Canada and New fonndland. I have the honour to forward herewith a copy of an approved report of a Com- mittee of the Privy Council embodying the opinion of my Ministers, '* that the views of tbe respective Governments can be much more satiisfaoloriiy exchanged by tbe GK>vernmont of Newfoundland sending a delegation to Ottawa for that purpose, than by correspondence," and expressing the hope that it may be found convenient to send such a delegation at an early date. I bave, &c., (Sd.) LANSDOWNE. The Officer Administbrino the Government of Newfoundland. tober, 1885. ion a copy of a | sbington enclos- be Boston Fish rour of reciprou [Enclosure No. 1.] Bbfobt of a Commitiet of the Honourable the Privy Council, approved by His Excellency thi Oovemor General in Council on the 11th November, 1885. The Committee of the Privy Council have had under consideration a despatch dated 2lBt September, 1885, from the Administrator of the Government of Newfoundland on the subject of that Colony sending a delegate to confer with the Government of the Dominion respecting 166- 2i u.;i 20 ii ' A new fisheries arrangement between the United States, Canada and Newfoundland, and set- *ting forth that in view of the number of the Executive Couucil of Newfoundland being reduced to four members and the early approach of a general election, that Qovernment did not ieel itself in a position to ipy of this minute of Council to the officer administering the Government of Newfoundland, I have, &o., (Sd.) LANSDOWNB. The Bight Honourable '1 HE tiECRXTARY OJB* StATE FOR IHS CoLONIBS^ No. 23. Minister at Washington to Governor General Washington, 16th January, 188ff. My Lord, — I have the honour to enclose to Your Excellency b.erewith copies of a joint resolution introduced into the House of Representatives for a renewal of commercial relations with the British possessions in North America which has been referred to the Committee on Foreign Affairs, as well as copies of a joint resolution relating to reciprocal privileges under the Act of 19th June, 1&78, regarding 00m- 21 bundland, and sei- wfoundland being b Government (m inite expression of ig that any further il the result of the red with the views rred, recommends ge any disoussion informed that the ivernments can be sending a delega- e hope that it may day to confer with ider consideratioD .rine and Fisheries [>f this Minute, if GEE, i, Privy CouneU. smber, 1885. the antfoipfitod vith the Unittd erewith foryoar of the Privy Government of the purpose uf iiostion. miniatering the rSDOWNB. leroial relations with the Dominion of Canada, also referred to the Oommittoe on. Tbreign Affaire. I have, &c., (Sd.) L. S. S. WEST. His Excellency Thb Govcbnok Gbniral. [Enolosare No. 1 ] 49th CONGRBSS, Ist SESSION, H. BES. 39. IN THC HOUSV OF BXPRIt^KNTATIVKS. January 6, 18i:6. Bead twice, referred to the Committee on Foreign Afiairs, and ordered to be printed. Mr. Matbubt introduced the following joint resolution : JOINT RESOLUTIONI Bequesting the Secretary of State to report to Congress the action of the Governmen lunder the provisions of an Act approved June nineteenth, eighteen hundred and seventy [«ight. relative to commercial relations with the Dominion of < anada. I 'Whereas under laws and regulations now in force in the Dominion of Canada all Tnited ■ States vessels are prohibited &om rendering aid to wrecked or disabled vessels in Canadiaii' (waters; and Whereas by an Act of Congress approved June nineteenth, eighteen hundred and sr-venty* lei^t, Canadian vessels of all descriptions were to be permitted to render aid to Canadian or jouer vessels wrecked or disabled in the waters of the United States contiguous to the pom- linion of Canada, said Act to take effect by its terms when by proclamation of the Fresid^f . lit was declared that reciprocal privileges had been extended by the Dominion of Canada to Ivessels of the United States wrecked in Canadian waters ; and Whereas no proclamation of the President as contemplated in the Act aforesfud has yet been promulgated, and the commerce of the United States, especially upon the lakes and rivers of the North- West, suffers great an<( irreparable injury by the refusal or neglect of the J Government of the Dominion of Canada to extend the reasonable comity of privileges sought in the Act aforesaid : Therefore, Seaolvedhy the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of State be, and he is hereby, requested to report to Congress at his earliest convenience what action, if any, has been taken by the Government of the United Stat«>s to acquaint the Gtovernment of the Dominion aforesaid with its desire iw the friendly and equitable relations sought under the Act aforesaid, and what action if any, luts been taken by the Dominion Gtoveirnment in the premises. Sec. 2. That should it appear that the (Government of the Dominion of Canada has . ne^ected or refused to extend to vessels of the United States the privileges sought to be conferred on vessels of the Dominion under the Act, the Secretary of State be requested to report to Cmgress what further legislation, if any, is necessary or desirable, retaliatory or otherwise, to the end that our commerce may be released from its grievous burdens. lary, 188ff. ewith copies of a renewal of hich has been oint resolation ■egarding oom- [ Enolosare No. 3.] 49«H CONGRESS, 1st SESSION, H. BBS. 40, Ur TBI HOUSK or BBPnSENTATIVBS. January &, 1886. Bead twice, referred to the Committee on Foreign Affairs, and otdered to be printed. ICr. Matbusv iniroduoed the following joint resolution :~ JOINT RESOLUTION For renewal of oommmeroial relations with the British Possessions in North America. Wheeeas the reciprocity treaty with Great Britain regulating commerce and navigation between the United States and We British Colonies of North America was terminated on Mil'.' I iM ' ii'ii .i Vi! I i ' ''liili 22 March the seventeenth, anno Domini eighteen hundred and sixty-six, in virtue of previous notice given by the U nited States ; and Wliereas the prov'sions of said treaty providing for mutual rights in certain Bea-fisherie% and for the free navigation of the Great Laices, the River Saint Lawrence, and the canals con- nected therewith, were restored in eighteen hundred and seventy one, by the treaty of Washington, so called ; and Whereas the circumstances under which the notice of the abrogation of said treaty of reciprocity was made have been changed and modified by time, and unfettered trade and 'Commerce between the British Possessions in North America and the United States would now be reciprocally beneficial, advantageous and satisfactory : Therefore, Besoloed by the Senate and House of Representatives of the United States of America im Congress assembled, That this Congress would look with favour and approval upon any actioa taken by the executive department of the Government tending to a renewal of commercial relations with the British Possessions in North America by compact or treaty, having in view the reciprocal interests of both nations. Na24, Governor General to Colonel Stanley. Ottawa, 26th Jaaaary, 1886. Sir, — I have ihe honour to forward herewith for yoar information a oopy of a despatch which I have received from Her Majesty's Minister at Washington, enolos* )Na 23 '"^ copies of joint resolations introduced into the United States House of ^ ' BepreHentatives relating to commeroia' relations and reciprocal privileges between Canada and that ooantry. I have communioatei a copy of Sir L. S. S. West's despatch and of the joint resolations to my Government. ' I have, &c., (Sd.) LANSDOWNB. The Bight Honoarable F. A. Stanlmy. No. 25. Lord Lansdowne to Sir L, West, 6th February, 1886. I Hhonld be glad to have any information yoa can give me as to the oonae- qaences of the report on reciprocity of the Senate Foreign Belatio..' : Committee. (Sd.) LANSDOWNB. No. 26. Sir L, West to Lord Lansdowne, No commission will be issaed. 8th February, If'Se. (Si.) WEST. No. 27. The Qooemor Oeneral to Earl OranviUe, Ottawa, 3rd March. 1886. Mt LoBD, — With reference to my despatch of the !8th ultimo in which I pointed out that effectual measures would be taken by my Government to protect CanadiMi 28 virtue of proviooB trtaiii sea-fisheries, kod the canals oon- I by the treaty of m of said treaty of fettered trade and lited States would ates of America Ht il upon any action wal of commercial >ty, baring in view shermen in tho exercise of their rights within the turritorial waters of the Domin- >n, and to prevent trespass within the limits of those waters by foreign fishermen, I ^ave to acquaint Yonr Lordship that authority has now been requested by my linister of Marine and Fisheries to establish a sufficient marine police force for the ftarpose of affording efficient protection to the intereuts of the Dominion within its srritorial waters. 2 With this object my Government have determined, besides making use of the )vernmont steamers already available for that purpo-ie, to charter and equip six kwift sailing fore and aft schooners between 60 :ind 90 tons measurement, for uee aa isheries poliae vessels. For this purpose 850,000 will be plauoi in tho supplement- lentary estimates to be submitted to Parliament for tho current fiscal year, and a Idrther sum of $100,000 f^r the fiscal year ending 30lh June, 1837. 1 have, &c., (Sd.) LANSDOWNB. Earl Gbanville. anary, 1886. ion a copy of a jhiogton, enoloa* [ States Hoaae of prooal privileget nd of the joint fSDOWNB. nary, 188S. as to the oonaa- committee. 3D0WNB. lary, 1P86. WEST. i rch. 1886. Iiich I pointed teot Oaaadian No. 28. Minister at Washington, to Governor General. Washinqtox, 19th March, 1886. Ht Lord, — I have the honour to report to Your Excellency that at an inter« jiew which I had this day with the Secretary of State, I placed in his hands a lemorandum, copy of which is enclosed, embodying the view taken by Your Szcellency's Gh>vernmont as expressed to mo of tho actual position of tho Dominion vovernment under the Treaty of 1818 with regard to the exclusive right of fishery Canadian waters I called Mr. Bayard's attention to the fact, as stated in the In the memorandum, that the British North American Act, which came into operation p 1867, and in which the legislative authority of tho Federal and Provincial Legisla- ' ires is defined, gives to the Parliament of the Dominion exclusive legislative authority over sea coast and inland fisheries, and also to the power taken under the let 31 Vic, chap. 61, to grant to foreign vessels license to fish for, take, dry or sure fish of any kind within the three-mile limit in British waters ; suggesting to iim at the same time that all danger of " friction " might perhaps be avoided it it ras clearly understood that no American vessel Wjuld be allowed to fish in Canadian raters within the throe mile limit without a license as provided for under this Act. Lt Mr. Bayard's request I sent him tho volumes of the State Papers containing lie Act in question as well as the amending Acts of 1870 and 1871. I have, &o., (Sd.) L. S. SACKVILLB WEST. His Excellency The Ma«quis of Landbdowni, G.C.M.G. [Baclosare No. I.} - . Jiftmorandutn. Hie exclusive right of fishing in the territorial waters of the British possessions in North America now reverts as it did on the termination of the treaty of 1854 to the British Crown. Ihe consequences which were then to be anticipated from the denunciation of that 'Dreaty must now arise from the abrogation of the Fishery clauses of the Treaty of 1871. Her Majesty's Government have, however, the satisfaction of feeling that they have done (heir utmost to prevent these couBequekOpes. 24 They have declared their readineFs to meet the suggestion made by the Pro'^idont in his message to Congress for the appointment of a Fishery Commission, and even tu otUt-r into new engagements by nhioh the privileges hitherto enjoyed by American citizens uiijiht still be sectired to them, but Congress has declined their overtures and the Dominion Government is therefore bound to take effective measures for the protection of the fishery interests within the territorial waters of Canada. The British North American Act came into operation in 1867 and gives to the Parliament of the Dominion exclusive legislative, authority over the sea coast and inland fisheries, and aocordingly an Act was passed by the Dominion Government in 1 868 which deals with foreign vessels fishing in the waters of the Dominion and upon the provisions of which the Dominion Government will now act in regard to them. I ,1 •1 'I ^!;i:i!. 1 I ' I': I'M; No. 21». JUiniiter at Washington, to Governor General. Washington, 'iOtb March, 1886. Mt Lord,— I have the honour to inform Your Excellency that I received on the 18th instant, a telegram from the Earl ot Hoaebory, iuHtructing mo to ascertain whether it is intended to iseae a rotico that American fishermen are vow precluded from fishing in British North Au;ori09n territorial watot b, in view of the issue of a similar notice with regard to Br/Jijii debormen in American watern on the part of Her Majesty's Government. After having spoken to Mr. Bayaru ■.: the subject, I addressed a note to him at his request, copy of which is encloEod, iu the sense of Lord Bosobory's telegram, to whiohne promised me a speedy answer. In the meanwhile a notice, which I enclose, has appeared in a Washington evening paper, stating that the Department of Fisheriea has already issaed such notice. I have, &c., (Sd .^ L. S. SACKVILLB WEST. Bis Bxoeilenoy Thc Mabquis of Lansdowne, 6. C. M. 6. !'V". [Enclosure No. 1 ] IVom Minister at Washington to Mr. Bayard. Waseiinotox, 19th March, 1886. Sib, I have the honour to inform you that the Earl of Bosebery has requested me to asoertain whether it is intended to give notice to the United States' fishermen that they are precluded from fishing in British North American territorial waters, as Her Majesty's Govern- ment are considering the expediency of issuing a reciprocal notice with regard to British fiahermen in American waters. I have, &c., (Sd.) L. S. 8. WEST. [Bndoaure No. a ] Stttractfrom Washington "Evening Star," 20th March, 1886. "a oaxaoiam btiauib's uobit mission." St. Jobk, N.B., 20th March. " Captain Scott, commander of the Government steamer < Lansdowne ' received sailing orders yesterday and^will sfdl from here this morning. The destination of the steamer and the jplui of action are carefully concealed. She has a month's supplies and full armament. a direction of the Department of Fisheries, Captain Scott has issued a warning to American ermen to observe Uie provisions of the Treaty of 1818." BL 25 bhe Pro^idont in his even to ontu- iiito citizens uii^'ht still minion Government le fishery interests 8 to the Parliament iland fisheries, and I deals with foreign vhich the Dominion March, 1886. I received on the ; mo to ascertain re row precluded iw of the iesne of itc on the part of a note to him at 7*8 telegram, to n a WaBhington iady issued saoh iLB WEST. March, 1886. requested me to len that they are Majesty's Govern- regard to Britiah S. WEST. lOth March. received sailintf^^ le steamer and full armament. Dg to American No. 30. From Minister at Washingtr-n to Govrnor General. Washington, 24th March, 1886. Mr Lord, — With reference to my deppatoh No. 23 of the 20th instant T have hononr to enclose to Your Lordship, herewith, the copy of a note which I have beived from the Secretary of State informing me that as fall and formal publiC' tification in the premiscR has already been given by the president's Proclamation |tho Slat of January, 18H5, it is not deemed necessary to repeat it. I have, &c., L. S. SAOKVILLE WEST, ... [is Exoellwncy The Gotebnob Gensbal. [lincloBure No. 1 ] From Mr. Bayard to Sir Lionel Saekville West. Dbi'artmbnt of State, Wasbinoton, 28th March, 1886. Sir,— I have the honour to acknowledge the receipt of your note of the 1 9th instant,, ^ereby you inform me that you hpve been requested by the Earl of Rosebery to ascer- m "whether it is intended to give notice to the United States' fishermen that they are now ^eluded from fishing in British North American territorial waters," and to inform you in |>ly that as full and formal public notification in the premises has already been given by President's proclamation of Sist January, 1885, it is not deemed necessary now to repeat' The temporary arrangement made between us on the 22nd of June, 1885, whereby cer- h fishing operations on the respective coasts were not to be inteifered with during the iing season of 1885, notwithstandmg the abrogation of the Fishery Articles of the Treaty Washington came to an end under its own expressed limitations on the 31st of December ; |t, and the fisheries question is now understood to rest on existing treaties precisely as jugh no fishery articles had been incorporated in the Treaty of Washington. In view of the enduring nature and important extent of the right secured to American bermen in British North American territorial waters under the provisions of the Treaty of, 18, to take fish within the three-mile limit on certain defined parts of the British North tlerican coasts and to dry and cure fish there under certain conditions, this Government 1 not found it necessary to give to United States' fishermen any notification that '• they are- precluded from fishing in British North American territorial waters." I have, &o., (Sd) T. F. BAYARD. f L S. Saokvillb Wbst, K.C.M.G., &o., &c., &c. No. 31. GovemoT'General to Minister at fVashington. Ottawa, 24th Maroh, 188(i. Sib, — I have the honour to acknowledge receipt of your despatch No. 20, of tha |th inst. enclosing a memorandum, recently handed by yon to the Secretary of State,. }n the subject of the position of the Donbinion Government under the Treaty of lis in regard to the ezolusive right of fishing in Canadian waters. The memorandum is in aooordanoe with the views of my Government apon thi» bject. I have, &o , (Sd.) LANSDOWNE. le Honourable Sib L. S. Sackvilli Wisi. :.|l 28 No. 33. Governor General to Earl Granville. Canada, Government House, Ottawa, 24th March, 1886. Mv LoBD, — With reference to provious correspondence relating to the position created by the expiration of the fishery clauses of the Treaty of Washington, I have the honour to forward herewith for your Lordship's information a copy Noilofko^w! of a cIcHpatch which I have received from Sir Lionel Sackville West, enulosingacopy of a memorandum on this subject which he placed in the hands of the United States' SecTctary on the 19th inst. I also enclose a copy of the reply which I have sent to Sir L. Sack- No. 31. vilUWest. I have, &c., (Sd.) LA.NSDOWNB. The Bight Honourable, Eabl Granvilli, K,G., &o. No. 33. Govern, itieral to Earl Granville. Ottawa, 26th March, 1886. My Lobd, — I have the lonovtrto forwirl for your information a copy ofthel instructions which have been isbUi.. by .--^y nfiuigter of Marine and Fisheries for thef guidance of fishery officers and ex officio magistrates in command of the vessels which| will bo employed for the protection of the inshore fisheries of the Dominion. These instructions are substantially the same as those which were issued under | similar oircunnstanoes in 1870. Your Lordship will observe that while the officers in command of the fioheriesi police vessels are required to take the necessary steps for etriotiy upholding the"' Treaty rights of the Dominion they are specially enjoined to carry out their instruct tions in a conciliatory spirit and with forbearance and discrimination. f I also enclose copy of a warning notice which was published in reference to tha| same subject by the Department of Fisheries. 1 have, &3,, (Sd.) LANSDOWNB. The Right Honorable, Earl Granville. E.G., &a. ., . [EacloBure No. 1.] Special Instbuotions to Fishery Officers, ex-officio Magistrates, in command of Government Steamers and Vessels, engaged as Fisheries Police Vessels, in protecting the Insho Fisheries of Canada. Ottawa, 16th March, 1886. , Sir,— In the performance of the special and important service to which you have beei^ appointed you will be guided by the following confidential instructions. For oonvenienoe of reference, these have been divided under the different headings ( Powers, Jurisdiction, Duties and General Directions, POWBBB. The Powers with which you are invested, are dorived from, and to be exercised accordance with the following statutes, among others : — " The Fisheries Act" (31 , Vic, cap. ( , of Canada); "An Act respecting Fishing by Foreign Vessels," (31 Vic. cap. 61, ofCanadt)' 2* t to Sir L. Sack. roferenoe to thei find the subsequent statute entitled : " An Act to amend the Act respecting Fishing by Foreign Vessels," made and passed the 12th May, 1870 (33 Vic.,cap. 15, of Cana<:la) | also an 'Act to furthe/ amend the said Act" (34 Vic, cap. 23, of Cftnada). " Chapter 94 of the Revised Statutes (third series) of Nova Scotia " (of the " C!oast and p Sea Fisheries"), amended by the Act entitled: "An Act to amend Cap. 94 of th«t avised Statutes of Nova Scotia " (29 Vic, cap. 35). An Act pa'jsed by the Legislature of the Province of New Brunswick entitled : " An Act elating to the Coast Fisheries, and for the prevention of Illicit Trade" (IG Vic, cap. 69). Also an Act pa«sed by the Legislature of Prince Edward Island (6 Vic. cap 14) entitled : 'An Act relating to the Fisheries, and for the prevention of Illicit Trade in Prince Edward sland, and the coasts and harVjors thereof." Also liom such regulations as have been parsed or may be passed by the Governor General > Council, or from instructions from the Department of Fisheries, under '' Tiie Fisheries Act," hereinbefore cited. As Fi:>hery Utticer you have full authority to compel the observance of the requirements 'the Fisheries Acta and regulations by foreign fishing vessels and fishermen in those parts ^f the coHSt!) of Canada to which, by the Convention of 18 18, they are admitted to privileges ' taking or drying and curing fish concurrent with those enjoyed by British fishing vessels and shermen. You will receive instructions from the Customs Department authorizing you to act as an icer of the Customs, and in that capacity you are to see that the Revenue Laws and Kegu litions are duly observed. JDHISDIOTIOV. Your jurisdiction with respect to any action you may take against foreign fishing Teasels 1 citizens engaged in fishing is to be exercised only within the limits of " three marina ies " of any of " the coasts, bays, creeks or harbours,'' of Canada. With regard to the Magdalen Islands, although the liberty to land and to dry and care sh there is not expressly given by the terms of the convention to United States tishermeny I is not at present intended to exclude them from these islands. DUTIES. It win be your duty to protect the inshore fisheries of Canada in accordance with the bnditions laid down by the Convention of the 20th October, 1818, the first Article of which fovides: — " Whereas difierences have arisen respecting the liberty claimed by the I inited States* kr the inhabitants thereof to take, dry, and cure fish, on certain coastst bays, harbours, and peeks, of His Britannic Majesty's dominions in America, it is agreed between the High Con- acting Parties, that the inhabitants of the said United States shall have, forever, in common th the subjects of his Britannic Majesty, the liberty to take fish of every kind, on that part [the Southern Coast of Newfoundland, which extends from Cape Ray to the riimenu Islands, V the Western and Northern Ck)ast of Newfoundland, from the said Cape liay to the Quirpoa llands, on the shores of the Magdalen Islands,' and also on the coasts, buys, harbours, and aeks from Mount Joly, on the Southern Coast of Labrador, to and through the Straits of feUe Isle, and thence northwardly indefinitely along the coast, without prejudice, however, 1 any of the exclusive rights of the Hudson's Bay Company ; and that the American fisher- fen shall also have liberty, forever, to dry and cure fish in any of the unsettled bay.->, har^ kurs and creeks, of the Southern part of the Coast of Newfoundland, hereabove described. Id of the Coast of Labrador ; but so soon as the same, or any portion thereof, shall be settled, Isball not be lawful for the said fishermen to dry or cure fish at such portion so settled, |thout previous agreement for such purpose with the inhabitants, proprietors, or poisessois . the ground." "And the United States h«ieby renounce forever any liberty heretofore enjoyed or kiried by the inhabitants thereof, to take, dry, or cure fish on or within three marine milaa [ any of the coasts, bays, creeks or harbours of His Britannic Majesty's dominions in Am> a^, not included within the above-mentioned limits j provided, however, that the Americaa tiermen shall be admitted to enter such bays or harbours, for the purpose of shelter repairing of damages therein, of purchasing wood and of obtaining water, and for no iier purpose whatever. But they shall be under such restrictions as may be necessary to event their taking, drying, or curing fish therein, or in any other manner whatever abusing "I privileges hereby reserved to them." By this you will observe. United States fishermen are secured the liberty of taking fiab I the Southern Coasts of Labrador, and around the Magdalen Islands and of drying and ^ing fish along certain of the Southern Shores of Labrador, where this coast is unsettled, it settled, after previous agreement with the settlers or owners of the ground. I ' 23 Tn all ntfaer pnrts tho exclusion of foreign vessels and boats is absolute, so far as fishing is conoerned, and is to bo enforced within the limits laid down by the Convention of 1818, they being allowed to enter bays and harbours for four purposes only, viz.,— /or ahelter, ih» repairing of damages, the pureliaaing of icooil, and to obtain water. You are to compel, if necessary, the maintenance of peace and good order by foreign fishermen pursuing their calling and enjoyini; concurrent privileges of fishing or curing ash with KritLsh lishermpn, in those parts to which they are admitted by tho Treaty of 1818. You are to see that they obey the laws of the country, that they do not molest British fisUormen in the pursuit of their calling and that they observe the regulations of the fi^^hery laws in every resjiect. You are to prevent foreign fishing ve?s»h and boats which enter bays and harbours for the four legal purpo'^es above mentioned, from taking advantage thereof, to take, dry, or cure fish theri'in, lo purchase bait, ice, or supplies, or to tranship cargoes, or from transact- ing anv business m connection with their fishing operations. It is not desired that you should put a narrow construction on the term " unsettled." Places containing a few isolated houses might not, in some instances, be susceptible of being oonl thereto, they are peculiarly hound to preserve peace and order in the quasi settled places to which, by the liberal disposition of Canad'an authorities, they may be ad- mitted. Wliere-^oever foreigners may fish in Canadian waters, you will compel them to observe the Fishery Laws. Particular attention should be directed to the injury which results from cleaning fish on board their vessels while afloat, and the throwing ovei board of ofials, thus foaling the fishing, fcpding and breeding grounds. "The Fisheries Act " ,(Section 14) pro- vides a heavy penalty for this offence. Take occasion to enquire into and report upon any modes of fishing, or any practices adopted by foreign fishermen, which appear to be injurious to the fisheries. GENERAL DIRGOTIONS. You will accos't every foreign fishing vessel within the limits described, and if that vessel should be either fishing, preparing to fish, or should obviously have been fishing within the prohibited limits, you will, by virtue of the authority conferred upon you by your Commission, and under the provisions of the Acts above recited, seize at once (resort to foice in doing to being only justifiable after every other effort has failed) any vessel deteo* ted in violating thn law and send her or take her into port for condemnation. (Jopies of the Acts of Parliament subjecting to seizure and forfeiture any foreign ship, vessel or boat which should be either fishing, preparing to fish or should obviously have been fishing within the pirohibite 1 limits, and pr viding for carrying out the seizure and for- feiture are furnished herewith for your information and distribution. Should you have the occasion to compel any foreign fishing vessels or fi8herm<^n to conform to the requirements of the '• Fishs»ries Act and Kegulations," as regards the modes and incidents of fishing, at those places to which they are admitted under the Convention of 1818, particularly in relation to ballast, fish offal!<, setting of nets, hauling of seinei, and use of" trawls " or •• bultows," more especially at and around the Magdalen Island, your power and authority under such cases will be similar to that of any other fishery officer appointed to enforce the Hishery Laws in Canadian waters ( Vide Fisheries Act). If a foreign ship, vessel, or boat be found violating the Convention or resisting consequent seizure, and momentarily effects her escaoe from the vicinity of her capture or elsewhere, she remains always liable to seizure and detention if met by yourself in Canadian waters, ana in British waters ever\ where if brought to account by Her Majesty's cruisers. But great care must be taken to make certain of the iadentify of any offending vessel to be so dealt with. I so far as fishing ivention of 1818, —for shelter, the order by foreign ng or curing Qaih atyof 1818. }t molest British ins of the fishery and harbours for to take, dry, or OT from transact- rm " unsettled." ceptible of being tion. Something f the settlement, point. Ihe gen- hese inatructionSf d not be atrained, n as shall consist property of Can- I will withhold it being obliged, in jurrent privileges ly such Acts and he fisherie j by all rder in the quasi they may be ad- I them to observe hich results irom rd of offals, thus (Section 14) pro- or any practices ibed, and if that ive been fishing poa you by your once (resort to any vessel deteo* 1. iny foreign ship, obviously have sei/.ure and for- or fisherman to igards the modes le Convention of { if seinei, and use and, your power fficer appointed sting consequent re or elsewhere, tdian waters, and But great care so dealt with. 29 All vessels seized must be placed, as soon m possible, in the custody of the nearest Customs Collector, and information, with a Mtatement of the facts, and the depositions of your sailing master, clerk, lieutenant, or mate, and of two at least of the most reliable of your crew, be despatched with all possible diligence to the Oovernment. Be careful to describe the exact locality where the violation of the law took place, and the ship, vessel or boat was Rfized. Also corroborate the bearings taken, by soundings, and by buoying the place (if possible) with a view to actual m^'asurcment, and make such incidental reference to conspicuous points and land marks as shall place beyond doubt the illegal position of the seized ship, vessel or boat. Omit no precaution to establish on the spot that the trespass was or is being committed within three miles of land. As it is possible that foreign fishing craft may be driven into Canadian waters by violent or contrary winds, by strong tides, through misail venture, or some other cause independent of the will of the master and crow, you will consiler these circumstances, and satisfy yourself with regard thereto before taking the extreme step of seizing or detaining any vessel. On capture, it will be desirable to take part of the foreign crew aboard the vessel under your command, and place some of your own ei-ew, as a measure of precaution, on board the seized vessel ; first lowering the foreign flag borne at the time of capture. If your ordinary, complement of men does not admit of this being dune, or if becau«o of several seizures the number of your hands might be too much reduced, you will in such omergency endeavour to engage a few trustworthy men . The portion of foreign crew taken on board the Oovemmeni Vessel you will land at the nearest place where a Consul of the United States is situated,or where the readiest conveyance to any American Consulate in Canada may be reached, and leave them there. When any of Her Majesty's vessels about the fishing stations or in port are met with, you should, if circumstances permit, go on board and confer with the Naval Commander, and receive any suggestions he may feel disposed to give, which do not conflict with these ins- tructions, and afford him any information you may possess about the movements of foreign craft ; also inform him what vessels you have accosted and where. Do not fail to make a full entry of all circumstances connected with foreign fishing vessels, noting their names, tonnage, ownership, crew, port, place of fishing, cargo, voyage, and destination, and (if ascertainable) their catch. Report your proceedings as often as possible, and keep the Department fully advised Dn every opportimity, where instructions would most probably reach you at stated intervals. Directions as to the stations and limits on which you are to cmise, and any further instructions that may be deemed necessary, wilt from time to time be Qonveyed to you. Considerable inconvenience is caused by Canadian fishing vessels neglecting to show itheir colours. You will draw the attention of masters to this fact, and request them to hoist [their colours without requmng to be hailo>l and boarded. It cannot be too strongly urged upon you, nor can yr.u too earnestly impress upon the fficers and crew under your command, that the service in which you and they are engaged bould bo performed with forbearance and discrimination. The Government relies on your prudence, discretion and firmness in the performance a€ e special duties entrusted to you. I am, Sir, Your obedient servant, (Sd.) GEOKGE E. FOSTER, Ministir of Marine and Fisheries. [Eacloiure No; 2,] WARNING.— TO ALL WHOM IT MAY CONCERN. The Government of the United States having by notice terminated Articles 18 to 25^ oth inclusive, and Article 30, known as the fishery Articles of the Washington Treaty, littention is called to the followihg provision of the Convention between the United States pd Great Britain, signed at London, on the 20th October, 1818 : — Article 1st. "Whereas differences have arisen respecting the liberty claimed by the tJnited States, for the inhabitants thereof, to take, dry and cure fish, on certain coasts, bays, larbours and creeks of His Britannic Majesty's Dominions in America, it is agreed between the high contracting parties, that the inhabitants of the said United States shall have, forever, [n common with the subjects of His'Britannic Majesty, the liberty to take fish of every kind on. that part of the southern coast of Newfoundland which extends from Cape Kay to the Rameaa 80 1,1 Islanda, on the western and northern coast of Newfoundland, from the said Cape Rav to thd Quirpon Islands, on the shores of the Magdalen Islands, and iiUo on the coasts, bays, harbou and creeks, from Mount Joly, on the southern coast of Labrador, to and through the StraitJ of Belle Isle, and thence northwardly indefinitely along the coast, without prejudice, howeverl to any of the exclusive rights of the Hudson's Bay Company ; and that the American tisherl men shall also have liberty, forevet, to dry and cure Ksh m any of the unsettled bays, harbourl and creeks of the southern part of'tho coast of Newfoundland hereabove described, and ol the coast of Labrador ; but so soon as the same, or any portion thereof, shall be settled, il shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, with! out previous agreement for such purpose, with the inhabitants, proprietors, or possessors ol the ground." f "And the United Stat'^s hereby renounce forever any liberty heretofore enjoyed oij claimed by the inhabitants thereof to take, dry or cure fikh, on or within three marine mile of any of the coasts, bays, creeks or harbours of His Britannic Majesty's Dominions in Amcricaj not included within the above mentioned limits; provided, however, that the America fishermen shall be admitted to enter such bays or harbours for the purpose of shelter and i repairing damages therein, of purchasing wood and of obtaining water, and for no other puij pose whatever. But they shall be under such restrictions as may be necessary to prevenl their taking, drying or curing fish therein, or in any manner whatever abusing the privilegei hereby reserved to them." Attention is also called to the following provisions of the Act of the Parliament of Cana Cap. 61, of the Acts of 1868, intituled : " An Act respecting fishing by foreign vessels." 2nd. " Any commissioned officer of Her Majesty's Navy, serving on board of any vesse] of Her Majesty's Navy, cruising and being in the waters of Canada for purpose of atfordir protection to Her Majesty's subjects engaged in the fisheries, or any commissioned officer ( Her Mtyesty's Navy, Fishery Officer, or Stipendiary Magistrate on board of any vessel belong! ing to or in the service of the Government of Canada and employed in the service of protect] ing the fisheries or any officer of the Customs of Canada, She rifif", Magistrate orrtherperso duly commissioned tor that purpose, may go on board oi any i'hip, vessel or boat, within anJ harbour in Canada, or hovering (in British waters) within three marine miles of any of th coasts, bays, creek or harbours in Canada, and stay on board so long as she may rema within such place or distance." 3rd. " If such ship, vessel or boat be bound elsewhere, and shall continue within shcI harbour, or so hovering for twenty-four hours after the Master shall have been required I depart, any one of such officers or persons as are above montioned may bring such shiji vessel or boat into port an search her cargo, and may also examine the Master upon oati! touching the cargo and voyage ; and if the Master or person in command shall not trull answer the questions put to him in such examination, he shall forfeit four hundred dollars! and if such ship, vessel or boat be foreign, or not navigated according to the laws of th United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to hayj been fishing (in British waters) within three marine miles of any of the coasts, bays, creek or harbours of Canada, not included within the above mentioned limits, without a license, ( after the expiration of the period named in the last license granted to such ship, vessel c boat, under the first section of this Act. such ship, vessel or boat, and the tackle, riggii apparel, furniture, stores and cargo thereof shall be forfeited." 4th. " All goods, ships, vessels and boats, and the tackln, rigging, apparel, furnitu stores and cargo liable to forfeiture under this Act. may be seized and secured by anl officers or persons mentioned in the second section of this Act ; and every person opposinl any officer or person in the execution of his duty under this Act, or aiding or abetting an] oilier person in any opposition, shall forfeit eight hundred dollars, and shall be guilty of I misdemeanor, and upon conviction be liable to imprisonment for a term not exceeding tn years." Therefore be it known, that by virtue of the Treaty Provisions and Act of Parliamenj above recited, all foreign vessels, or boats, are forbidden from fishing or taking fish by ; means whatever within three marine miles of any of the coasts, bays, creeks and harbors i Canada, or to enter such bays, harbors and creeks, except for the purpose of shelter and i repairing damages therein, of purchasing wood, and of obtaining water, and for no other pil pose whatever j of all of which you will take notice and govern yourself accordingly. DbPABTMRNT 01' FiSaBRIES, Ottawa, 5th March, 1886. (Sd.) GEOR(JE E. FOSTER, Minister of Marine and Fisheries. 31 ■Circular No. 371. [GncloBure No. 3.] Cd.stoms Departmknt, Ottawa, 7th May, 1S86. Sir,— The Government of tho United States having by notice terminated Articles IS to T), both inclusive, and Arficlo 30, known as the Fishery Articles of the Washington Treaty, Attention is cai.ad to the following provision of the Convention between the United States (and Great Britain, siijned at London, on the "iUth October, 181H ; — Article Ist. " VVhereas differences have arisen respecting the liberty claimed by the lited States, for the inhabitants thereof, to take, dry and cure lish, on certain coasts, bays, harbours and creeks, of His Britannic MHJesty's Domini m, in America, it is agreed between the [ligh Contracting Parties, that the inhabitants of the said United States stiall have, forever, , common with tho sub.jects of His Britannic Majesty, the liberty to take tish of every kind Ion that part of tho Southern coast of Newfoundland which extends from Cape Bay to the IRamcau Island, on the western and northern coast of Newfoundland, from the said Cape iRay to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, Ibays, harbours and creeks, from Mount Joly, on the southern coast of Labrador, to and through Ithe Straits of Belie Isle, and thence northwardly indefinitely along the coast, without preju- [dice, however, to any of the exclusive rights of the Hudson's Bay Company ; and that the I Aiiierican fishermen shall also have liberty, forever, to dry and cure fish in any of the unset- Itled bays, harbours and creeks of the southern part of the coast of Newfoundland here above I described, and of the coast of Labrador; but so soon as the same, or any portion thereof, Ishall be settled, it shall not be lawful for the said fishermen to dry or cure fi»sel or boat served therewith, has been fishing or preparing to tish before or after sucl| service, you are not to allow the twenty-four hours to expire, but put an officer on board once and act as directed. (Sd.) J. JOHNSON, Commisdioner of Oustoma. No. 34. SlB,- Enc No. 2 of No. 29. Governor General to Minister at Washington. Ottawa, 25 .h March, 188S. -I bavo the honoar to aoknowledgo the receii)t of your dospatoh No. 23 ol the 20th March, relating to the i- provisions of the '. MoGEE, Privy Council. tfarch, 1886. ordship's inform- tajesty's Minister Qadian fisbermen itively cloeed to hington. ;ificatioD in this inuary, 1885, no it. kve addressed to ;he confidential ffioers employed tho "warning" )n of the Fishery Lordship copies fSDOWNE. 37 In order therefore to prevent any misanderstanding of the position taken by the Government of the Dominion as doaoribed in Your Ezcollenoy's above-mentioned des- jpatch, and which your Excellency seems to think may arise from the language I [used in conversation with Mr. Bayard, I sent to him a memorandum, copy of which [l have the honour to enclose, based upon it and embodying the views expressed therein. I have, &o., (Sd.) L. S. SACKVILLB WEST. His Excellency ThB GrOVKBNOR GiNKBAL. [BDolosare Na 1.] mUORANDUM. In connection with the Dominion Fisheries Act, 1868 (31 Vic, cap. 61), and the issue of [fishery licenses under it, communication was maide to the United States Governipent in [April, 1870, of an Order in Council of the Governor General to the followin? effect: — *'That the system of granting licenses to foreign vessels, under the At 31 Vic, cap. 61, be discontinued, and that henceforth all foreign fishermen be prevented from fishing in the [waters of Canada." In consequence of this decision the Secretary of the Treasury issued the circular of the j 16th May, 1870, notifying to American fishevmen the effect, in regard to the inshore fisheries [of the Dominion, of the Convention of 1818, and of the Canadian Act of 1868, respecting 1 fishing by foreign vessels. The failure of the system of licenses was so complete, and the [embarrassment which it occasioned so serious, that the Dominion Government are, under [present circumstances, opposed to any suggestion for its renewal, and they point out that the [Order in Council above referred to makes it clear that it is not now open to American fisher- men to avail themselves of fishing licenses similar to those issued between the years 1866 and 1 1869. Washington, Slst March, 1886. No.. 42. ; ,^ Minister at Washington to Governor General, I [No. 34.] ' Washinqton, Slst March, 1886. My Lobd— With reference to Mr. Boutwell's circular of iO'th May, 1870, alladed [to in Your ExoelleDcy,8 Despatch Ne. 29 of the 27ih instant, I have the honour to [request Your Excellency to inform mo whether Mr. Mitchell's report, dated Ottawa, |31st May, 1870, pointing out cortain errors therein, is maintained by Your Excel> [lency's Government. I have, &o., (Sd.> His Excellency The GoV£RNOb General. t L. S. SACKVILLE WEST. arch, 1886. ar Excellency's stion for the re- D waters, under ncil of the 8th ment, and that t produce upon lermen to avail 1869. No. 43. Governor General to Earl Granville. |[No. 107 ] Ottawa, 6lh April, 1886. Mr Lord, — I have tho honour to enclose herewith copy of an approved Report of the Privy Council upon a despatch which I received' No. 37. 00 the 2nd instant, from Her (Majesty's Minister at Washington (and of which a copy is herewith enclosed) informing mo that the United States Consul General at Halifax, was reported to have argued that under the Convention of 1818 it was open to American fishermen to land, 88 cured in a marketable oondition fish, which had been caught outside the three-mile limit, at any Canadian port, and to tranship the same in bood to the United States by rail or vessel, and that any refusal to permit such transhipment would be a viola- tion of the general bonding arrangement between the two countries. It does not appear from Sir L. West's despatch that this statement was mad«i officially, or that it has been supported by the Government of the United States. Aaf however, the matter is one to which farther reference may be made, it is desirable! that the views of my Government in regard to it should be placed on record. The report of the Privy Council contains an explanation of the reasons for which,! it is believed that under the terms of the Convention, American fishermen are abso- lutely excluded from admission to Canadian bays or harbours, except for the purposes of shelter and repairing damages therein, or of purchasing wood and obtaining water, The arrangements in force between the two countries for the transhipment of goods in bond, arrangements which depend in the main upon the Customs laws of of the two countries cannot therefore oe regarded as in any sense restricting the operation of the Convention. It should, moreover, be remembered that these bonding arrangements are the same as those which obtained between the two countries after the expiration of the Beciprocity Treaty of 185i, and I am not aware that between that date and the date of the Treaty of l&Tl, any claims such as those now made by the Consul General at Halifax, were preferred on the part of the United States Government. Your Lordship will, however, clearly understand that although it is thought necessary to enforce strictly against American fishing vessels, a restriction which was framed with the express purpose of aflfording protection to the fisheries of the British Colonies, that restriction would not be applicable to vessels not themselves engaged in fiahing, buti visiting Canadian ports in the ordinary coarse of trade. , I have, &c., The Eight Honourable Earl Gbanville. (Sd.) LANSDOWNE. [Bnclosnre So. 1,] Report of a Committee of the Honourable the Privy Council Jor Canada, approved by His Excellency the Governor-General in Council on the &th Apr.il, Jfe86. The Committee of the Privy Council have had under consideration a despatch, dated the i £9th March, 1886, from Her Majesty's Minister at Washington, informing Your Excellency '5 that the United States' Consul General at Halifax was reported to have argued that there is nothing in the Convention of 1818 to prevent .Americans, having caught fish in deep water and cured them, from landing them in a marketable condition at any Canadian port and tran- shipping them in bond to the Uniteil States either by rail or vessel, and that any refusal to permit such transhipment would be a violation of the general bonding arrangement between the two countries. ; "T" The Sub-Committee to whom the despatch in question was referred report that if the contention of the United States' Consul at Halifax is made in relation to American fishing- vessels, it is inconsistent with the Convention of 1818. That they are of opinion, from the language of that Convention — " Provided, however, that the American fishermen shall be permitted to enter such bays or harbours for the purposes of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water and for no other purpose whatever " — that, under the terms of the Convention, United States' fishermen may properly be precluded from entering any harbour of the Dominion for the purpose of transhipping cargoes, and that it is not material to the question tiiot su3h fishermen may have been engaged in fishing outside of the " 3-mile limit " exclusively, or that the fish which they may desire to have transhipped have been taken outside of such limit. That to deny the right '^' '-. anshipment would not be ' a violation of the general bonding arrangement between the t\ ^ jountries. 89 tside the three-mile the United States : nt would be a violaf^ pies. ■ itatement was madei United States. Aa > lade, it is desirable] id on record, tie reasons for which, ^ fishermen are abso-? cept for the purposes and obtaining water, he transhipment of te Cnstoms laws of ] enso restricting the )d that tbese bonding 1 the two countries am not aware that I such as those noir part of the United ough it is thought a restriction which the fiaheries of the sels not themselves mrse of trade. [jANSDOWNE. ida, approved by His il, Jb86. despatch, dated the ng Your Excellency ' argued that there is it fish in deep water adian port and tran- . that any refusal to •rangement between report that if the to American fishing- I Provided, however, 3r harbours for the 1, and of obtaining Convention, United J)f the Dominion for I question tuot sush lit " exclusively, or outside of such le general bonding IK-That no bonding arrangement has been made which, to any extent, limits the operation 'the Convention of 1818, and, inasmuch as the right to hare access to the ports of what is )w the Dominion of Canada for rll other purposes than those named, is explicitly renounced J the Convention, it cannot with propriety be contended that the enforcement of the tipulation above cited is contrary to the general provisions upon which intercourse ia con- lucted between the two countries. Such exclusion could not, of course, be enforced against United States' vessels not igaged in fishing. The Sub-Committee in stating this opinion are not immindful of the fact that the Bponsibility of determining what is the true interpretation of a Trfiaty or Convention mad& 'Her Majesty must remain with Her Majesty's Government, but in view of the necessity of otecting to the fullest extent the inshore fisheries of the Dominion according to the strict ^rms of the Convention of 1818. and in view of the failure of the United States' Government accede to any arrangements for the mutual use of the insore fisheries, theSub-Committee ^commend that the claim which is reported to have been set up by the United States' [)nsul-(j(?n«ral at Halifax be resisted The Committee concur in the foregoing Beport and Recommendation, and they respect- klly submit the same for your Excellency's approval. (Sd.) JOHN J. MoGEE, Clerk, Privy Council for Canada, No. 44. Minister at Waihiagtm to Governor General. Washington, 6th April, 1886. -I have the honour to enclose Your Excellency herewith a pr^cii of a de- ate in the Senate on the fisheries question. The resolutions in the House of Represent- lives will be found in the Oongtessional Record (ITo. 83, pp. 3134 and debate 3157.) I have, &c., (Sd.-) L. S. SACKVILLE WEST, tis Bxcelloncy The Govbrnor Genebal. uerican fishing vessels from entering Canadian waters. Mr. Frye read Vo recent telegrams from the Slate Department, one asserting this right of Cana No. 44. tion, a copy of a despatch which I have received from Her Majesty's Ponal Record!" Minister at Washington, enclosing a Precis of a Debate in the idenato on the Fisheries question. I also enclose, for convenience of reference, extracts from the Congressional {ecurd containing the Resolutions mentioaol in Sir L. West's despatch. I have communicated Sir L. West's despatch an^l its enclosure to my Ministers |for their information. I have, &o., rho Right Honourable Earl Gbanvillb. (Sd.) LANSDOWNB. 43 No. 49. From Minister at Washington to Oovernor General, [No. 39.] Washington, 13th April, 1886. Mr LoRD,--I have the honor to enolosa to Your Exoellonoy, herewith, copy of I a resolution submitted to the Hoaee of Bepresentatives on the Canadian Fishing regalations. I have, &o,, (Sd.) L. S. SACKYILLB WBSr. His Ezcollenoy The Govcrnor General . rBncloBure No. 1;] CANADIAN FISHING REGULATIONS. Aprils, 1886. — Beferred to the Committee on Foreign Affairs and ordered to be printed.] Mr. DiNOLEY submitted the following RESOLUTION : Whereas the Minister of Marine of the Dominion of Canada has issued a proclamation! directing the enforcement of an Act of the Dominion Parliament which prohibits any fishing! vessels of the United States from entering any Dominion harbour except for the purpose of| shelter, repairing damages, and purchasing wood.and obtaining water ; and Whereas press despatches announcie that, imder this proclamation. Dominion o£Scera havel denied to fishing vessels of the United States the right to enter ports of entry in said I Dominion for the purpose of purchasing supplies, or landing fish caught in deep water fori shipment in bond to the United States, or doing other acts which Canadian and other! British vessels are freely permitted to do in ports of the United States ; and I Whereas these acts of the authorities of the Dominion of Canada are in contravention ofl the principles which regulate the intercourse of friendly civilized nations, and in direct conflict with a legislative arrangement between the Governments of the United States and Great Britain, which went into effect the first day of January, eighteen hundred and fifty, by which Great Britain in view of similar privileges conditionally conceded to her vessels by tlww United States, placed the vessels of the United States on the same footing in British portsJ including British colonies, as that on which British vessels are placed in the ports of the| United !?tate8, the coasting trade only excepted : Therefore, Resolved, 'I'hat the President be requested to furnish the House, if compatible with thej public interests, with any information in his possession relative to the exclusion of American! fishing vessels Jrom the right to enter ports of entry of the Dominion of Canada for the pur-l Kse of trading, purchasing supplies, or landing fish caught in deep water for shipment isl nd to the United States, or doing other acts which Canadian and other British vessels are! freely permitted to do in ports of the United States; and also to inform the House what! steps have been taken or are proposed to bring such unwarrantable and unfriendly acts ofj the Dominion anthorities to the attention of the British Government. No. 50. Governor General to Minister at Washington. [No. 43.] Ottavta, 20th April, 1886. Pia,— In reply to your despatch No. ri4, of tho 31st March last, apking to be informed whether Mr. Mitchell's report of the Slst May, 1870, pointing out coituio erroiH in Mr. Boutwell's circular of 16th May, 1870, is maintained by my Govern luent, 1 have the honour to enclose herewith for your information a copy of an ed to be printed. 48 approved report of a Committee of the Privy Ooanoil containing the views of my Government upon the point referred to. I have, &o., (Sd.) LA.NSDOWNB. rhe HoDOorable Sir L. S. Saokvillk West, E.C.M.G., &o.f &o., &o. C. No. 132 O. [Bnolosare No. 1.] Jepobt of a CommiUee of the Honourable the Privy Council, approved by Hia Excellency ih$ Oovemor Oeneral in Council on the \bth April, 1886. The Conunittee of the Privy Council have had under coneideration a despatch dated tlst March, 1886, from Her Majesty's Minister at Washington requesting information as to whether Mr. Mitchell's report dated Ottawa, Slst May, 1870, pointing out certain errors in Mr. ~ Dutwell's circular of 16th May, 1870, is maintained by Your Excellency's Qovernment. The Minister of Marino and Fisheries to whom the despatch was referred submits that Ihe above mentioned report of Mr. Mitchell was approved by His Excellency in Council, 7 th Tune, 1870, and that a further memorandum upon the same subject and to the same effecty kas, on the 14th June, 1870, submitted and approved by Ills Excellency in Council on lat ruly,1870. I The Committee recommend that Tour Excellency bo moved to inform Sir Lionel Sack- jille West that the views expressed in the Orders in Council referred to, are those still held Vy the Canadian Government, and the assurance is repeated that this Government has no ■ Qtention of interfering in any way with the rights guaranteed to United States ilihermen rithin the limits laid down by the Convention of 1818. The Committee respe'Hfully submit the same for Your Excellency's approval. (Sd.) JOHN J. MoGEE, derlt, Privy Council. No. ftl. Governor Qentral to Earl Granville, K. G. 0. 130.] Ottawa, 20th April, I856. My Lobd, — I have the honour to foi'ward for Tour Lordship's information a copy , a despatch which I have received from Her Majesty's Minister at Washiugion, king to bo informed whether my Government maintained Mr. Mitchell's report of •le Slst May, 1870, on Mr. Boutwell'a circular of 16th May of the same year reiaung the £sheries. I caused Sir L. West's despatch to be referred to my Ministers for consideration id I have the honour to enclose a copy of a despatch which 1 have addressed to Sir J N°' 42. L. West, iorwarding for his information a copy of an approved report of ,50.°' ° * Committe of the Privy Council, embodying tiio views ot my Govern- ment upon the point in question. I have, &c., Eight Honourable Earl Granville, K. G. LANSDOWNE. 44 No. 62. From Governor General to Sari Granville. [No. 139.] Ottawa, 24th April, 1886. Mt Lobd, — 1 have the hoDoar to forward herewith for your Lordship's inforraatl lion a copy ot a despatch which I have received from Her Majesty's Mini '*"' *^' ister at WashiDgton, enclosing copies of a Benolation sobtnitted to tht[ House of Bepresentatives on the Canadian fishing regulations. I have caased a copy of Sir L. West's despatch and its enolosare to be oommnni<| oated to my Ministers tor their information. I have, &&, (3d.) LANSDOWNB. The Bi(;ht Honourable BaBL GaANTILLB., K. G. No. M: From Miniitarat Waahington'to Governor Generah £No. 49.] Washinoton, 29th April, 1885. Mr Lord;— I have the honour to acknowledge the receipt of Your Ezcellency'J despatch No. 43, of the 20th instant, conveying to me the views of Your Ezceilency'i| Government, as ezpreesed in the report of a Oommittee of the Privy CSouncil whio accompanied it, on Mr. Mitchell's report of Slat Mfky, 1870. I have, &o.f (Sd.) L. S. SACKVILLK WEST. His Excellency Thi Gotibnob Gbnibal. No. 64. F^om Govemoi General to Earl Granville. [No. 145.] Ottawa, Ist May, 1886. Mt Lobd, — As I observed that some comments have been made in the Londoi^ press upon the alleged detention of an Anpierioan schooaer at Baddeck, • B., fa violation of the fishery laws of the Dominion, it may be as well that I should sub mit to you the following statement of the facts of the case, with which I have beeij aapplied by my Minister of Marine and Fisheries: — On the evening of the 22nd of April the American schooner " Joseph Storey,'] Captain J. L. Anderson, of Gloucester, Mass., anchored off the harbour of Baddeck ■On the following morning the Captain came ashore, bought some supplies, engage a man, took him on boaiS, and sailed without reporting to the Customs' authoritie The Collector at Baddeck, Mr. L. G. Campbell, upon this, telegraphed to the Sab Collector at Bras d'Or, instructing him to detain the vessel, ani at the same timil reported his own action in the matter by telegram to the Minister of Customs. In compliance with these instructions, the Sub-Collector 'at Bras d'Or dctaine the vessel, which proved to have clearance from St. Peter's to Aspy Bay on a tradiD|| voyage. On the 24th of April the Minister of Castoms telegraphed to Mr. Campbell that the vessel should oe allowed to proceed on condition that the man illegal!^ shipped should be pat on shore, the Captain being formally warned by the Collect not to repeat the offence. HH ■iSi>«V<-««i'» 'V'* ' ■^" 4» April, 1886. rdship'a inforraa.! ir Majesty's Mini submitted to thif Q to bo oommanil NSDOWNB. Tour Lordship vvill observe that this yessel being an American schooner had Rendered herself liable to seiaure for violation of the Customs' law, by not reporting rhen she touched at Baddeck, as well as of the coasting laws, by plying for trade olweon Canadian ports. The Collector's first telegram to the Minister of Customs ktated that she was a fiahing schooner, and on that information the telegram above ^ferred to was Eent, ordering her not to be longer detained, provided the conditions attached were complied with. If it had been known that the case was one of trad- jng illegally, the vessel would, without doubt, have been held for violation of the Unstoms' law. By the time, however, when the Minister of Customs had been made fiware of the actual facts of the case, ehe had already been released and permitted to proceed on her voyage. I have, &o.. rhe Bight Honourable Earl GaANViLLs, E.G. (Sd.) LANSDOWNB. I April, 1888. oar Bzoellenoy'J four Ezoelleooy'i| vy CSooQcii whio' [LLK WEST. {Telegram.) It May, 1886. le in the Londoi^ addeok, • B,, foi at I should sub ioh I have hotd Joseph Storey,] lOur of Baddeck jupplies, engage loms' authoritie bed to the Sub t the same tim^ >f Customs, as d'Or dttaine Bay on a tradiD|| Mr. Campbell Bie man illegally by the CoUeob No. 65. Earl Granville to Lord Lansdoune. 10th May, 1886. Telegraph as early as possible the full particulars respecting the seizure of the ' David J. Adams." (Sd.) GRANVILLE. No. 56. [Telegram.) Lord Lansdowne to Earl Granville, 10th May, 1886. The schooner " David J. Adams " was buying bait at Digby. Did not report as i-equired by law to Collector, and concealed her name and port of registry. Is now detained at Digby in charge of Collector, and will be tried before Yice- Admiralty " 3urt, at Halifax, for violation of Dominion Fishery Law of 1868, for contravention J)f Convention of 1818, and for violation of Customs Law by not reporting to Col- lector. Question of limits oi territorial waters not raised. (Sd.) LANSDOWNE. No. 61. Jopy of teUgramfrom Sir Lionel West to Governor General, 11th May, 1886. The conduct of Captain Scott in declining to give reasons for the seizure of the ' David J. Adams," is much deprecated by the Secretary of State. The United States ! objects wholly beyond its purview, scope and intent, and give to it an efl'ect never contemi^lated by either party, accompanied by results unjust and injuri- ous to the citizens of the United States. As, therefore, there is no longer any inducement for American fishermen to dry and cure fish on the interdicted coasts of the Canadian Provincer , and as bait is no longer used or needed by them (for the prosecution of in«ihore fishing'' in order to take fish in the inshore waters to which the Treaty of 1818 alone relates, 1 ask you to consider the results of excluding American vessels duly possessed of permits from their own Government to touch and trade at Canadian ports, as well as to engage in deep-sea fishing from exercising freely the same custoniaty and reasonable rights and privileges of trade in the ports of the British Colonies as are freely allowed to British vessels in all the j)ort3 of the United States under the laws and regulations to vhich I have adverted. Among these custonmry rights and privileges may he cm merated the purchase of ship supplies of every nature, maki'jg repairs, the shipment cf crews in whole or i)art, :nid the purchase of ice and bait for use in deep sea fishing. Concurrently, these usual rational and convenient privileges are freely extended to and are fully enjoyed by the Canadian merchant marine of all occupations, including fishermen, in the ports of the United States 'ihe question therefore arises i;hether such a construction is admissible as would convert the Treaty of 1818, from being an instrumentality for the protection of the inshore fisheries along the described parts of the British American coast, into a pretext or means of obstruct- ing the business of deep sea fishing by citizens of the United States, and of interrupting and destroying the commercial intercourse that, since the Treaty of 1818 and independent of any treaty whatever, has grown up rmd now exists under the concuirent and friendly laws and mercantile regulations of the respective countries? I may recall to your attention the fact that a proposition to exclude the ve^^els of the United States engaged in fishing from carrying also merchandize was made by tUtJ British negotiators of the Treaty of 1818, but being resisted by th>d taadc the ueizare, althongh he evidently felt no doabt that they were suffioient to 77 arrant his action, and although as Yonr Lordship will perceive on reference to the enclopjres herewith he made an informal statement of those grounds at the outset to tba master of the seized vessel. I may add that as soon p^ the matter had been enquired into by ray Ministers Captain Scott was authorizeji to supply the master of the " David J. Adams" with a written statement of the reasousi for which that vessel was seized. I have, &c,, (Sd.) LANSDOWNE. The Right Honourable E&hl Gbanvilt.i:, K.G., &c., &c., &c. [Enclosure No. 1.] TlupoRT from Officer commanding Cruiser ^^ Lansdowne'' to the Deputy Minister of Fisheries re seizure of " D. J. Adams." DiGBY, 11th May, 1886. GOVBRNMBNT StEAMBR " LaNSDOWNE," Sir,— I have to inform you that on the 6th instant, while in St. John, I received a des- patch from the Collector of Customs at Digby, to the following effect : " Fishing schooner, " name and port of registry covered, new in harbour buying bait." I wired you for instruc- tions, but not receiving any, I concluded to come here as soon as possible. We left at 7.30 p.m., and anchored off Digby at 11.45, when the boats were lowered and boarded several Bcliooners, but did not find the right one. As the day broke on the 7th a schooner was seen ott Bear Island making the attempt to get out, but as the wind was light and the tide against her she did not succeed. About 4.30 a.m. the First Officer boarde her and ascertained that she was the "David J. Adams," of Gloucester, Mass. The Captt n stated that he had not come in for bait, and the boat returned on board. At 10 a.m., not being satisfied with the above report, I ordered Captain Dakin and the First Officer to search her thoroughly, when they discovered a quantity of fresh herring packed in ice in the main hold close to the hatchway. When the boat returned I ordered the schooner to run in and anchor off Digby ; we followed and anchored at 11.15 a.m. I then called upon several parties in the neighbourhood for evidence as to tho purchase of the bait. In the afternoon I proceeded to Victoria Beach, Granville, Annapolis County, accompanied by tlie Collector of Customs and the fishery officer at Digby, having heard that somj bait- had been aold to the Master of that schooner by a man of the name of Ellis. I took his evidence, which went to prove that had sold him four barrels of bait on the previous morning for !?l.2.j a barrel. It appears thai, 'da was notwilling to sell ittohim fear- ing that he was an American, but the master informed bim that he was not, but belonged to Deer Island. At 4 p.m., with the pier of Digby bearing S. W. by S., distant three-quarters of a mile. Captain Scott boarded "D. J. Adams" and seized her for violating the Dominion Fishery Act, and placed a guard on board. At 4.30 on the 8th instant Die crew of the " D. J. Adams," with tho exception of three mon, came on board for passage to St. John. At. 6 a.m. we took the schooner in tow and took her there for safetj. At 10.30 we lashed to the wharf and hauled the schooner alongside. The Master and crew then lanied. Sunday, the 9th, having received a despatch to take theschooner back to Digby, the master .nd crew were offered a passage if they liked to go, they declined doing so and they then removed all their personal effects. At 1 1 we east off and proceeded. The first officer and five men took charge of tho schooner and sailed her over to the "Gut," where we took her in tow and both anchored at 4 p.m. off' the llaquette. Monday, 10th May, at o.SO, tho Colle.itor having been directed to take charge of tho schooner she was handed over to him. 11th. Mr. Wallace Graham having directed me to atill hold the schooner, I sent the First Ufiicer and one man back to her to remain on board until further orders. I am, Sir, &c.. lC6-4i (Sd.) P. A. SCOTT. B2 [Enclosure No. 3.] Affidavit of Chief Officer SS. " Lans.hwne." DiGBY, Nova Scotia, 10th, May 1886. Before Capt. Scott, E. N., Fishery Officer :— I, James Beattie Hill %st officer of the Government steamer ''Lani^clovvne," being duly sworn, testify as follows : — 1 boarded the American fishing schoontr " David J. Adams," of Gloucester, Mass., United Stntes of America, at five o'clock on the morning of the 7th May, she being under way, head- ing to the northward and westward, trying to get out of Annapolis Basin, Digby pier bearing about S. W. at a distance of about 2^ miles. I did not see her stern, therefore did not see the name of the vessel, and getting upon her deck I asked the master where his vessel hailed from. He replied, Gloucester. I asked what he had come in for. He said to see his people, as he tormerly belonged here. I asked if he bad any fresh bait on board. He said he had not. I asked where he was from. He replied, from the Banks. I asked where he was bound to. He said, to Eastport. T told him he had no business here, and that I sup- posed he knew the law, to which he replied, yes. I then returned to the " Lansdowne," after boarding another vessel, whose name was, I think, the " Lizzie Magee," of St. Andrews, New Brunswick. One of her crew told me that the "David J. Adams" had bought bait for one dollar and twenty-five cents which he had engaged for himself at seventy-five cents per barrel. At about ten in the forenoon I was again ordered to return to the " David J. Adams " and search her thoroughly for bait. At this time she was in the " Gut," about one mile south of Victoria Beach. I told the captain I had come on board to make an examination. He said, very well. I then told him that a person on shore had stated that he had bought bait here. Be replied that I might bring that person on board and that he would call that person a liar, if that would do any good. Upon searching the hold I found fresh herring upon ice which appeared to be perfectly fresh. Upon u.y stating my opinion, he said it was about ten days old. I told him I would have to report to Capt. bcott that I was of opinion that it was fresh I then returned to the " lansdowne." Captain Scott having directed Capt. Dakin to return with me to the " David J. Adams," we went upon her deck and had some of her bait handed up for inspection. Both Captain Dakin and I agreed that it was fresh. We then returned to the "Lansdowne." I was imme- diately ordered to return to the " David J. Adams " and direct her master to return to Digby and anchor near the " Lansdowne." (Sd.) JAMES BEATTIE H ILL, First Officer Govemvient SS. " Lansdowne." Witness : (Sd.) Mani'ked J. L. Sawveu. [Enclosare No. 3.] Affidavit of Samuel D. Ellis. Victoria Beach, Granvillk, N. S., 7th May 1886. Before Captain Scott, B. N., Fishery Officer : I, Samuel Dennis Ellis, fishermen, being duly sworn, state that on the morning of the sixth instant the Master of the " David J. Adams," professing to be under English register, applied to me for bait, and 1 therefore sold him four barrels of herring which I saw him take on board his own vessel. I know nothing further of this matter, but am certain as to the vessel, having noticed she had a broken main topmast. his (Sd.) SAMUEL D. 4- ELLIS, mark. Witnessed by (Sd.) Wm. Hanmcv, Fishery Ovjrseer. •rr«gg=sr ■i^,'r"™,v-",':'.',"!Hyr3 ae," being duly 6a [BncIoBare No. 4.] Affidavit of Charles T. Dakin. ^ DiGBY, Nova Scotia, 11th May, 1886. Before Captain Scott, R. N., FiBhery OflScer : I, Charles T. Dakin, being duly sworn, do testify as follows : — That on the 7 th day of May t boarded the American schoaner "David J. Adams," of Gloucester, Mass. I went into the hold and examined the bait I saw packed in ice, and I do solemnly declare that it was fresh. I asked the Captain if it was true that he had bouj;ht uny b.