ment of the United States, would under such circumstances order down or forcibly haul down the British flag from a vessel charged with such irregularity; and I now assert that if such act were committed, this Government, after being informed of it, would not wait for a complaint from Great Britain, but would at once promptly reprimand the parties concerned in such misconduct and would cause proper expression of regret to be made. "A scrupulous regard for international respect and courtesy should mark the intercourse of the officials of these two great and friendly nations, and anything savoring of the contrary should be unhesitatingly and emphatically rebuked. I cannot doubt that these views will find ready acquiescence from those charged with the administration of the Government of Great Britain. "You are at liberty to make Lord Iddesleigh acquainted with the contents of this letter, and, if desired, leave with him a copy." Mr. Bayard, Sec. of State, to Mr. Phelps, min. to England, No. 452, Nov. 6, 1886, For. Rel. 1886, 362. December 7, 1886, the British minister at Washington, by direction of the Earl of Iddesleigh, communicated to the Department of State a dispatch from the acting Governor-General of Canada, “expressing the regret of the Dominion government at the action of the captain of the Canadian cutter Terror in lowering the United States flag from the United States fishing schooner Marion Grimes," while she was under detention at Shelburne. 66 The dispatch of the Acting Governor-General inclosed a copy of an approved minute of the privy council of Canada, reading as follows: On a report, dated the 14th October, from the Hon. Mackenzie Bowell, for the minister of marine and fisheries, stating that on Monday, the 11th October instant, the United States fishing schooner Marion Grimes, of Gloucester, Mass., was under detention at Shelburne, Nova Scotia, by the collector of customs at that port for an infraction of the customs regulations; that while so detained, and under the surveillance of the Canadian government cutter Terror, the captain of the Marion Grimes hoisted the United States flag. "The minister further states that it appears that Capain Quigley, of the Terror, considered such act as an intimation that there was an intention to rescue the vessel, and requested Captain Landry to take the flag down. This request was complied with. An hour later, however, the flag was again hoisted, and on Captain Landry being asked if his vessel had been released, and replying that she had not, Captain Quigley again requested that the flag be lowered. This was refused, when Captain Quigley himself lowered the flag, acting under the belief that while the Marion Grimes was in posses sion of the customs authorities, and until her case had been adjudicated upon, the vessel had no right to fly the United States flag. "The minister regrets that he should have acted with undue zeal, although Captain Quigley may have been technically within his right while the vessel was in the custody of the law. “The committee advise that your excellency be moved to forward a copy of this minute, if approved, to the right honorable the secretary of state for the colonies, and to Her Majesty's minister at Washington, expressing the regret of the Canadian government at the occurrence.” A copy of the British minister's note and of the accompanying papers were sent to the legation of the United States at London, with an instruction saying: "As this occurrence had been made the subject of an instruction to you by me, on the 6th ultimo, whereby you were requested to bring the incident to the attention of Her Majesty's Government, I hasten to inform you of the voluntary action of the Canadian government and of their expression of regret for the action of the officer referred to." Mr. Bayard, Sec. of State, to Mr. Phelps, min. to England, Dec. 13, 1886, The note of the British minister of December 7, 1886, is printed in For- Retaliatory act, 1887. By an act of Congress approved March 3, 1887, it was provided that whenever the President should be satisfied that American fishing vessels or fishermen were or then lately had been "denied or abridged" in the waters of the British dominions of North America in the enjoyment of any rights secured to them by treaty or law, or unjustly vexed or harassed in the enjoyment of such rights, or subjected in respect thereof to unreasonable restrictions, regulations, or requirements, or otherwise unjustly vexed or harassed; or that any such vessels or fishermen, having a permit under the laws of the United States to touch and trade, were or then lately had been denied the privilege of entering in the same manner as trading vessels of the most favored nation, or were unjustly vexed or harassed in the matter, or prevented from purchasing such supplies as might be lawfully sold to trading vessels of the most favored nation; or that any other United States vessels, their masters or crews, were or then lately had been denied any of the privileges accorded in such dominions to vessels, masters, or crews of the most favored nation, or were unjustly vexed or harassed in respect thereof, it should in any or all of such cases be the duty of the President, in his discretion, by proclamation to deny to vessels, H. Doc. 551- -55 their masters and crews, of the British dominions of North America any entrance into the waters of the United States (with such exceptions in regard to distress or need of supplies as should seem proper), and also to deny entry of fresh fish or salt fish or any other product of the dominions in question or other goods coming from such dominions into the United States. The President was authorized, in his discretion, to apply his proclamation to any or all of the subjects specified, and to revoke, qualify, or renew it from time to time as he might deem necessary to the full and just execution of the purposes of the act. The penalty of forfeiture was prescribed for any entrance of vessels and goods contrary to proclamation, while every person violating the provisions of the act or of any proclamation under it was to be deemed guilty of a misdemeanor, punishable with a fine not exceeding $1,000 or by imprisonment of not more than two years, or by both, in the discretion of the court." For lists of vessels seized, see S. Ex. Doc. 55, 49 Cong. 2 sess.; S. Mis. See report of Mr. Belmont, Committee on Foreign Affairs, Jan. 18, 1887. See, also, message of Feb. 8, 1887, H. Ex. Doc. 153, 49 Cong. 2 sess.; S. 6. UNRATIFIED TREATY, 1888. $ 168. The President, in the exercise of his discretion under the foregoing act, continued the negotiations for an adjustment. They resulted in the meeting of representatives of the United States and Great Britain in conference at Washington, November 22, 1887. On February 15, 1888, a treaty was signed, and on the same day communications were exchanged which were designed to provide, for a period not exceeding two years, a modus vivendi pending the ratification of the treaty.c By the treaty provision was made for the delimitation of what were to be considered as exclusively British waters under the convention of a 24 Stat. 475; For. Rel. 1887, 466. See, particularly, S. Ex. Doc. 113, 50 Cong. 1 sess. 56-65, 112–119. c H. Ex. Doc. 434, 50 Cong. 1 sess. 9-20. See, also, S. Ex. Doc. 127, 50 Cong. 1 sess. October 20, 1818. It was agreed that the three marine miles under that convention should be measured seaward from low-water mark, and that at bays, creeks, and harbors the distance should, except where it was otherwise provided, be measured from a straight line drawn across the part nearest the entrance, at the first point where the width did not exceed ten marine miles. Specific stipulations, however, were made as to the line in the Baie des Chaleurs, Bay of Miramichi, Egmont Bay, St. Ann's Bay, Fortune Bay, Sir Charles Hamilton Sound, Barrington Bay, Chedabucto and St. Peter's bays, Mira Bay, Placentia Bay, and St. Mary's Bay. d It was provided that United States fishing vessels entering the bays or harbors in question should conform to harbor regulations common to them and to fishing vessels of Canada or of Newfoundland; that they need not report, enter, or clear when putting into such bays or harbors for shelter or repairing damages, nor when putting in outside the limits of established ports of entry for the purpose of purchasing wood or of obtaining water, unless they remained in port more than twenty-four hours, exclusive of Sundays or legal holidays, or communicated with the shore therein; that they should not be liable in such bays or harbors for compulsory pilotage, nor, when putting in for the purpose of shelter, of repairing damages, of purchasing wood, or of obtaining water, for harbor dues, tonnage dues, buoy dues, light dues, or other similar dues; that they might, when entering under stress of weather or other casualty, unload, reload, transship, or sell, subject to customs laws and regulations, all fish on board, when necessary as incidental to repairs, and might replenish outfits, provisions, and supplies damaged or lost by disaster, and, in case of death or sickness, enjoy all needful facilities, including the shipping of crews; that licenses to purchase, for the homeward voyage, such provisions and supplies as were ordinarily sold to trading vessels should be granted to United States fishing vessels promptly and without charge; that such vessels, having obtained licenses in this manner, should "also be accorded upon all occasions such facilities for the purchase of casual or needful provisions and supplies as are ordinarily granted to trading vessels," but that such provisions or supplies should not be obtained by barter, nor purchased for resale cr traffic; and that fishing vessels of Canada and Newfoundland should have on the Atlantic coast of the United States all the privileges secured by the treaty to American fishing vessels in Canada. and Newfoundland. The Secretary of the Treasury was to make regulations for the conspicuous exhibition by every United States fishing vessel of an official number on each bow.f @Arts. I.-VIII. b Art. III. c Art. IV. d Art. X. e Art. XI. f Art. XIII. It was stipulated that the penalties for "unlawfully fishing" in prohibited waters might extend to forfeiture of the vessel and cargo, and that, for "preparing in such waters to unlawfully fish therein,” the penalty should be fixed by the court, not to exceed those for unlawfully fishing; and that for any other violation of the fishery laws the penalty should be fixed by the court, not to exceed three dollars a ton of the vessel concerned. Trial, except on appeal, was to be at the place of detention, unless the judge should, on the request of the defence, order it to be held elsewhere. There were to be proper appeals available to the defense only; and judgments of forfeiture were to be reviewed by the governor-general of Canada in council, or the governor in council of Newfoundland. before being executed." Finally, it was stipulated that whenever the United States should remove the duty from the fishery products of Canada and Newfoundland, the like products of fisheries carried on by fishermen of the United States should be admitted free of duty into Canada and Newfoundland; and that, upon such removal of duties, and so long as it should last, the privilege of entering Canadian and Newfoundland ports, bays, and harbors should be accorded to United States fishing vessels by annual licenses, free of charge, for the purposes of (1) the purchase of provisions, bait, ice, seines, lines, and all other supplies and outfits; (2) transshipment of catch, for transport by any means of conveyance; (3) shipping of crews. It was further stipulated that supplies should not be obtained by barter, but that bait might be so obtained; and that the like privileges should be given to Canadian and Newfoundland fishing vessels on the Atlantic coasts of the United States.". After the signature of the treaty the British plenipotentiaries presented the following paper: Modus vivendi. The treaty having been signed, the British plenipotentiaries desire to state that they have been considering the position which will be created by the immediate commencement of the fishing season before the treaty can possibly be ratified by the Senate of the United States, by the parliament of Canada, and the legislature of Newfoundland. "In the absence of such ratification the old conditions, which have given rise to so much friction and irritation, might be revived, and might interfere with the unprejudiced consideration of the treaty by the legislative bodies concerned. "Under these circumstances, and with the further object of affording evidence of their anxious desire to promote good feeling and to |