pretation of that treaty, attended with complaints and remonstrances and protests, followed by diplomatic correspondence, and at times threatening the gravest consequences to the peace of the two countries. In all the long list of cases that are here referred to only in one case, that of The Washington, seized for fishing in the Bay of Fundy in 1843, has any reparation been made for any wrong done our fishermen under the treaty of 1818. Reparation was not, indeed, demanded in any such case until 1886. List of Cases above referred to. 1. June 26, 1822, L'Orient seized, taken to St. John, and condemned September 14, 1822. 2. In 1823, Charles of York, Maine, seized by the Argus and taken into port for trial. 3. July 18, 1824, Gallion seized, taken to St. John, and condemned August 16, 1824. 4. July 18, 1824, William seized, taken to St. John, and condemned August 16, 1824. 5. October 7, 1824, Escape seized, taken to St. John, and condemned November 18, 1824. 6. October 7, 1824, Rover seized, taken to St. John, and condemned November 18, 1824. 7. October 7, 1824, Sea Flower seized, taken to St. John, and condemned November 18, 1824. 8. June 1, 1838, Hero seized, taken to Halifax, and conde.r.ned January 28, 1839. 9. November 1, 1838, Combene seized, taken to Halifax, and condemned January 28, 1839. 10. May 1839, Java seized, taken to Halifax, and condemned August 5, 1839. 11. June 4, 1839, Shetland seized, taken to Halifax, and condemned July 8, 1839. 12. May 26, 1839, Independence seized, taken to Halifax, and condemned August 5, 1839. 13. May 25, 1839, Magnolia seized, taken to Halifax, and condemned August 5, 1839. 14. May 15. June 1839, Hart seized, taken to Halifax, and condemned August 5, 1839. 1839, Batelle seized, taken to Halifax, and condemned July 8, 1839. 16. June 14, 1839, Hyder Ally seized, taken to Halifax, and condemned July 8, 1839. 17. June 14, 1839, Eliza seized, taken to Halifax, and condemned July 8, 1839. 18. June 1839, May Flower seized, taken to Halifax, and restored to its owners. 19. June 2, 1840, Papineau seized, taken to Halifax, and condemned July 10, 1840. 20. June 2, 1840, Mary seized, taken to Halifax, and condemned July 10, 1840. 21. September 11, 1840, Alms seized, taken to Halifax, and condemned Decem ber 8, 1840. 22. September 18, 1840, Director seized, taken to Halifax, and condemned December 8, 1840. 23. October 1, 1840, Ocean seized, taken to Halifax, and condemned December 8, 1840. 24. May 6, 1841, Pioneer seized, taken to Halifax, and condemned August 18, 1841. 25. May 20, 1841, Two Friends seized, taken to Halifax, and restored. 26. September 20, 1841, Mars seized, taken to Halifax, and condemned November 2, 1841. 27. September 20, 1841, Egret seized, taken to Halifax, and condemned November 2, 1841. 28. October 13, 1841, Warrior seized, taken to Halifax, and condemned November 9, 1841. 29. October 13, 1841, Hope seized, taken to Halifax, and restored. 30. October 13, 1841, May Flower seized, taken to Halifax, and condemned December 7, 1841. 31. May 7, 1843, Washington seized, taken to Halifax, and condemned August 1, 1843. 32. In 1844, Argus seized by the Sylph, off the coast of Cape Breton, when “15 miles from any land." "This was the second seizure under the new construction of the treaty of 1818." 33. In 1845, 455 66 an American fisherman was seized in the Bay of Fundy at anchor inside the light-house at the entrance of Digby Gut." 34. In 1846, "the seizure and total loss of several American vessels," not named, is noted in S. Doc. 22, 2d sess., 32d Congress. 35. May 10, 1848, Hyades seized, taken to Halifax, and condemned September 5, 1848. 36. May 11, 1849, Leonidas seized, taken to Halifax, and condemned June 29, 1849. 37. September 14, 1850, Harp seized, taken to Halifax, and condemned January 28, 1851. 38. October 29, 1851, Tiber seized, but there is no information as to the dispo sition made of it. 39. June 16, 1872, Coral seized, taken to St. John, and condemned July 28, 1852. 40. July 20, 1852, Union seized, taken to Charlottetown, and condemned September 24, 1852. 41. August 5, 1852, Florida seized, taken to Charlottetown, and condemned September 7, 1852. 42. September 11, 1852, Caroline Knight seized, taken to Charlottetown, and condemned. 43. In 1852, Golden Rule detained and taken to Charlottetown, and liberated on the owner acknowledging violation of the treaty and that the liberation was an act of clemency. 44. November 16, 1869, Vice-Admiral Wellesley reported that during the past season 162 vessels had been boarded by the British cruisers, of which 131 within the three-mile limit had been warned once, and 19 had been warned twice. In 1870 the following eleven (11) vessels were seized and taken into the provincial ports, some of which were condemned, while others, perhaps, were liberated: June 27, Wampatuck (condemned); June 30, J. H. Nickerson (taken to Halifax); August 27, Lizzie A. Tarr (condemned); September 30, A. H. Wonson (taken to Halifax); October 15, 4. J. Franklin (taken to Halifax); November 8, Romp; November 25, White Fawn (taken to St. John); and S. G. Marshall, Albert, and Clara F. Friend. In January, 1878, the Fred P. Frye, Mary M., Lizzie and Namari, Edward E. Webster, William E. McDonald, Crest of the Wave, F. A. Smith, Hereward, Moses Adams, Charles E. Warren, Moro Castle, Wildfire, Maud and Effie, Isaac Rich, Bunker Hill, Bonanza, Moses Knowlton, H. M. Rogers, John W. Bray, Maud B. Wetherell, New England, and Ontario were driven from Long Harbour in Fortune Bay by the violence of a mob, which destroyed some of their seines, and did not again that season return to their fishing-grounds. Twenty-two vessels were included in this list, the interference with which was made the occasion of a separate and important correspondence, conducted, on our side, chiefly by Mr. Evarts, Secretary of State. The following lists are taken from the subjoined correspondence of Secretary Bayard and Professor Baird with Mr. Edmunds, chairman of the Committee on Foreign Relations: Revised List of Vessels involved in the Controversy with Canadian Authorities. DEPARTMENT OF STATE, Washington, January 26, 1887. SIR: Responding to your request, dated the 17th and received at this Department on the 18th instant, on behalf of the Committee on Foreign Relations, for a revision of the list, heretofore furnished by this Department to the committee, of all American vessels seized, warned, fined, or detained by the Canadian authorities during the year 1886, I now inclose the same. Every such instance is therein chronologically enumerated, with a statement of the general facts attendant. Very respectfully, yours, Hon. GEORGE F. EDMUNDS, United States Senate. T. F. BAYARD. List of American Vessels scized, detained, or warned off from Canadian Ports during the last year. 1. Sarah B. Putnam. Beverley, Mass.; Charles Randolph, master. Driven from harbour of Pubnico in storm March 22, 1886. 2. Joseph Story. Gloucester, Mass. Detained by customs officers at Baddeck, N. S., in April, 1886, for alleged violation of the customs laws. Released after twenty-four hours' detention. 3. Seth Stockbridge. Gloucester, Mass.; Antone Olson, master. Warned off from St. Andrews, N. B., about April 30, 1886, 4. Annie M. Jordan. Gloucester, Mass.; Alexander Haine, master. Warned off at St. Andrews, N. B., about May 4, 1886. 5. David J. Adams. Gloucester, Mass.; Alden Kinney, master. Seized at Digby, Nova Scotia, May 7, 1886, for alleged violation of treaty of 1818. Act of 59, George III, and Act of 1883. Two suits brought in viceadmiralty court at Halifax for penalties. Protest filed May 12. Suits pending still, and vessel not yet released apparently. 6. Susic Cooper. (Hooper?) Gloucester?, Mass. Boarded and searched, and crew rudely treated, by Canadian officials in Canso Bay, Nova Scotia, May, 1886. 7. Ella M. Doughty. Portland, Me.; Warren A. Doughty, master. Seized at St. Ann's, Cape Breton, May 17, 1886, for alleged violation of the customs laws. Suit was instituted in vice-admiralty court at Halifax, Nova Scotia, but was subsequently abandoned, and vessel was released June 29, 1886. 456 8. Jennie and Julia. Eastport, Me.; W. H. Travis, master. Warned off at Digby, Nova Scotia, by customs officers, May 18, 1886. 9. Lucy Ann. Gloucester, Mass.; Joseph H. Smith, master. Warned off at Yarmouth, Nova Scotia, May 29, 1886. 10. Matthew Keany. Gloucester, Mass. Detained at Souris, Prince Edward Island, one day for alleged violation of customs laws, about May 31, 1886. 11. James A. Garfield. Gloucester, Mass. Threatened, about June 1, 1886, with seizure for having purchased bait in a Canadian harbour. 12. Martha W. Bradly. Gloucester, Mass.; J. F. Ventier, master. Warned off at Canso, Nova Scotia, between June 1 and 8, 1886. 13. Eliza Boynton. Gloucester, Mass.; George E. Martin, master. Warned off at Canso, Nova Scotia, between June 1 and 9, 1886. Then afterwards detained in manner not reported, and released October 25, 1886. 14. Mascot. Gloucester, Mass.; Alexander McEachern, master. Warned off at Port Amherst, Magdalen Islands, June 10, 1886. 15. Thomas F. Bayard. Gloucester, Mass.; James McDonald, master. Warned off at Bonne Bay, Newfoundland, June 12, 1886. 16. James G. Craig. Portland, Me.; Webber, master. Crew refused privilege of landing for necessaries at Brooklyn, Nova Scotia, June 15 or 16, 1886. 17. City Point. Portland, Me.; Keene, master. Detained at Shelburne, Nova Scotia, July 2, 1886, for alleged violation of customs laws. Penalty of $400 demanded. Money deposited, under protest, July 12, and in addition $120 costs deposited July 14. Fine and costs refunded July 21, and vessel released August 26. Harbor dues exacted August 26, notwithstanding vessel had been refused all the privileges of entry. 18. C. P. Harrington. Portland, Me.; Frellick, master. Detained at Shelburne, Nova Scotia, July 3, 1886, for alleged violation of customs laws; fined $400 July 5; fine deposited, under protest, July 12; $120 costs deposited July 14; refunded July 21, and vessel released. 19. Hereward. Gloucester, Mass.; McDonald, master. Detained two days at Canso, Nova Scotia, about July 3, 1886, for shipping seamen contrary to port laws. 20. G. W. Cushing. Portland, Me.; Jewett, master. Detained July (by another report, June) 3, 1886, at Shelburne, Nova Scotia, for alleged violation of the customs laws; fined $400; money deposited with collector at Halifax about July 12 or 14, and $120 for costs deposited 14th; costs refunded July 21, and vessel released. 21. Golden Hind. Gloucester, Mass.; Ruben Cameron, master. Warned off at Bay of Chaleurs, Nova Scotia, on or about July 23, 1886. 22. Novelty. Portland, Me.; H. A. Joyce, master. Warned off at Pictou, Nova Scotia, June 29, 1886, where vessel had entered for coal and water; also refused entrance at Amherst, Nova Scotia, July 24. 23. N. J. Miller. Booth Bay, Me.; Dickson, master. Detained at Hopewell Cape, New Brunswick, for alleged violation of customs laws, on July 24, 1886. Fined $400. 24. Rattler. Gloucester, Mass.; A. F. Cunningham, master. Warned off at Canso, Nova Scotia, June, 1886. Detained in port of Shelburne, Nova Scotia, where vessel entered seeking shelter August 3, 1886. Kept under guard all night and released on the 4th. 25. Caroline Vought. Booth Bay, Me.; Charles S. Reed, master. Warned off at Paspebiac, New Brunswick, and refused water, August 4, 1886. 26. Shiloh. Gloucester, Mass.; Charles Nevit, master. Boarded at Liverpool, Nova Scotia, August 9, and subjected to rude surveillance. 27. Julia Ellen. Booth Bay, Me.; Burnes, master. Boarded at Liverpool, Nova Scotia, August 9, 1886, and subjected to rude surveillance. 28. Freddie W. Allton. Provincetown, Mass.; Allton, master. Boarded at Liverpool, Nova Scotia, August 9, 1886, and subjected to rude surveillance. 29. Howard Holbrook. Gloucester, Mass. Detained at Hawkesburg, Cape Breton, August 17, 1886, for alleged violation of the customs laws. Released August 20 on deposit of $400. Question of remission of fine still pending. 30. A. R. Crittenden. Gloucester, Mass.; Bain, master. Detained at Hawkesbury, Nova Scotia. August 27, 1886, for alleged violation of customs laws. Four hundred dollars penalty deposited August 28 without protest and vessel released. Three hundred and seventy-five dollars remitted, and a nominal fine of $25 imposed. 31. Mollie Adams. Gloucester, Mass.; Solomon Jacobs, master. Warned off into storm from Straits of Canso, Nova Scotia, August 31, 1886. 32. Highland Light. Wellfleet, Mass.; J. H. Ryder, master. Seized off East Point, Prince Edward Island, September 1, 1886, while fishing within prohibited line. Suit for forfeiture begun in vice-admiralty court at Charlottetown. Hearing set for September 20, but postponed to September 30. Master admitted the charge and confessed judgment. Vessel condemned and sold December 14. Purchased by Canadian Government. 33. Pearl Nelson. Provincetown, Mass.; Kemp, master. Detained at Arichat, Cape Breton, September 8, 1886, for alleged violation of castoms laws. Released September 9, on deposit of $200. Deposit refunded October 26, 1886. 34. Pioneer. Gloucester, Mass.; F. F. Cruched, master. Warned off at Canso, Nova Scotia, September 9, 1886. 457 35. Everett Steel. Gloucester, Mass.; Charles H. Forbes, master. Detained at Shelburne, Nova Scotia, September 10, 1886, for alleged violation of customs laws. Released by order from Ottawa, September 11, 1886. 36. Moro Castle. Gloucester, Mass.; Edwin M. Joyce, master. Detained at Hawksbury, Nova Scotia, September 11, 1886, on charge of having smuggled goods into Chester, Nova Scotia, in 1884, and also of violating customs laws. A deposit of $1,600 demanded. Vessel discharged November 29, 1886, on payment, by agreement. of $1,000 to Canadian Government. 37. William D. Daisley. Gloucester, Mass.; J. E. Gorman, master. Detained at Souris, Prince Edward Island, October 4, 1886, for alleged violation of customs law. Fined $400 and released on payment; $375 of the fine remitted. 38. Laura Sayward. Gloucester, Mass.; Medeo Rose, master. Refused privilege of landing to buy provisions at Shelburne, Nova Scotia, October 5, 1886. 39. Marion Grimes. Gloucester, Mass. Detained at Shelburne, Nova Scotia. October 9, for violation of port laws in failing to report at custom-house on entering. Fined $400. Money paid under protest and vessel released. Fine remitted December 4, 1886. 40. Jennic Seaverns. Gloucester, Mass.; Joseph Tupper, master. Refused privilege of landing, and vessel placed under guard at Liverpool, Nova Scotia, October 20, 1886. 41. Flying Scud, Gloucester, Mass. laws at Halifax, November 1, Detained for alleged violation of customs or about that time. Released November 42. Sarah H. Prior. Boston, Mass. Refused the restoration of a lost seine, which was found by a Canadian schooner, December 1886. 43. Boat (name unknown). Stephen R. Balcom, master, Eastport, Me. Warned off at St. Andrews, New Brunswick, July 9, 1886, with others. 44. Two small boats (unnamed); Charles Smith, Pembroke, Me., master. Seized at East Quaddy New Brunswick, September 1, 1886. for alleged violation of customs laws. 45. Druid (foreign built). Gloucester, Mass. Seized, warned off, or molested otherwise at some time prior to September 6, 1886. 46. Abbey A. Snow. Injury to this vessel has not been reported to the Department of State. 47. Eliza A. Thomas. Injury to this vessel has not been reported to the Department of State. 48. Wide-Awake. Eastport, Me.; William Foley, master. Fined at L'Etang, New Brunswick, $75 for taking away fish without getting a clearance; again November 13, 1886, at St. George, New Brunswick, fined $20 for similar offence. In both cases he was proceeding to obtain clearances. U. S. COMMISSION OF FISH AND FISHERIES, Washington, D. C., February 5, 1887. SIR: I forward herewith, for your information, a copy of a communication from Mr. R. Edward Earll, in charge of the division of fisheries of this commission, accompanied by a list of New England fishing vessels which have been inconvenienced in their fishing operations by the Canadian authorities during the past season; these being in addition the vessels mentioned in the revised list of vessels involved in the controversy with the Canadian authorities, furnished to your committee on January 26 by the Secretary of State. The papers containing the statements were received from the owners, masters, or agents of the vessels concerned, and, though not accompanied by affidavits, are believed to be correct. Very respectfully, yours, Hon. GEORGE F. EDMUNDS, SPENCER F. BAIRD, Commissioner. Chairman Committee on Foreign Relations, United States Senate. U. S. COMMISSION OF FISH AND FISHERIES, SIR: Some time since, at your request, I mailed circulars to owners or agents of all New England vessels employed in the food-fish fisheries. These called for full statistics of the vessels' operations during the year 1886, and, in addition, for statements of any inconveniences to which the vessels had been subjected by the recent action of the Canadian Government in denying to American fishing vessels the right to buy bait, ice, or other supplies in its ports, or in placing unusual restrictions on the use of its harbours for shelter. A very large percentage of the replies to these circulars have already been received, and an examination of same shows that, in addition to the vessels mentioned in the revised list transmitted by the Secretary of State to the Committee on Foreign Relations of the United States Senate on January 26, 1887, sixty-eight other New England fishing vessels have been subjected to treatment which neither the treaty of 1818 nor the principles of international law would seem to warrant. I enclose for your consideration a list of these vessels, together with a brief abstract of the statements of the owners or masters regarding the treatment received. The statements were not accompanied by affidavits, but are believed to be entirely reliable. The name and address of the informant are given in each instance. Very respectfully, yours, Prof. SPENCER F. BAIRD, R. EDWARD EARLL, U. S. Commissioner of Fish and Fisheries. |