sive action, which has hitherto been so delayed from the somewhat anomalous relations of the Canadian authorities towards a convention to which they are not actual or responsible parties. I am, &c., [Inclosure.] T. F. BAYARD. Mr. Bayard to Sir L. West, June 14, 1886. For inclosure see No. 192, p. 383. No. 329.] No. 171. Mr. Bayard to Mr. Phelps. DEPARTMENT OF STATE, SIR: With reference to previous correspondence concerning the fisheries question, I transmit to you herewith a copy of a dispatch from our consul at Halifax, in relation to the recent instructions to Canadian of ficials concerning American fishing vessels. I am, &c., T. F. BAYARD. No. 85.] [Inclosure in No. 329.] Mr. Phelan to Mr. Porter. UNITED STATES CONSULATE-GENERAL, Halifax, June 15, 1886. [Received June 18.] SIR: I have the honor to report that I sent with dispatch No. 83, dated May 27, 1886, a circular issued by J. Johnson, Esq., Canadian commissioner of customs, known as Circular No. 371, dated May 7, 1886, containing instructions to customs collectors concerning foreign fishing vessels. I now inclose herewith a confidential circular of the same date and number issued by the same officer, with a note saying "that the confidential circular was to be substituted for the one of the same date and number previously received." It will be seen by comparing the circulars that the two last paragrahps in the first circular issued are stricken out and the following substituted in lieu thereof: "Having reterence to the above you are requested to furnish every foreign fishing vessel, boat, or fisherman found within three marine miles from shore with a copy of the warning inclosed herewith. If any fishing vessel or boat of the United States is found fishing, or to have been fishing, or preparing to fish, or, if hovering within the three-mile limit, does not depart within twenty-four hours after receiving such warning, you will place an officer on board such vessel and at once telegraph the facts to the fisheries department at Ottawa and await instructions." Everything about shipping crews, purchasing supplies, and trading is eliminated in the confidential circular. I am, &c., M. H. PHELAN, Consul-General. [Inclosure in Mr. Phelan's No. 85.] Confidential Circular No. 371. CUSTOMS DEPARTMENT, SIR: The Government of the United States having by notice terminated article 18 to 25, both inclusive, and article 30, known as the fishery articles of the Washing-. ton treaty, attention is called to following provision of the convention between the United States and Great Britain, signed at London on the 20th October, 1818: "ARTICLE 1. Whereas, differences have arisen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, harbors 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, in 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 Ray to the Rameau Islands on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbors, and creeks, from Mount Joly on the southern coast of Labrador, to and through the Straits of Belle Isle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson's Bay Company; and that the American fishermen shall also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbors, and creeks of the southern part of the coast of Newfoundland hereabove described, and of the coast of Labrador; but so soon as the same or any portion thereof shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. "And the United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbors of his Britannic Majesty's dominions in America, not included within the above-mentioned limits; provided, however, that the American fishermen shall be admitted to enter such bays or harbors for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any manner whatever abusing the privileges hereby reserved to them." Attention is also called to the following provisions of the act of the Parliament of Canada, cap. 61 of the acts of 1868, entitled "An act respecting fishing by foreign vessels": (2)" Any commissioned officer of Her Majesty's navy, serving on board of any vessel of Her Majesty's navy, cruising and being in the waters of Canada for purpose of affording protection to Her Majesty's subjects engaged in the fisheries, or any commis sioned officer of Her Majesty's navy, fishery officer, or stipendiary magistrate on board of any vessel belonging to or in the service of the Government of Canada and employed in the service of protecting the fisheries, or any officer of the customs of Canada, sheriff, magistrate, or other person duly commissioned for that purpose, may go on board of any ship, vessel, or boat within any harbor in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors in Canada, and stay on board as long as she may remain within such place or distance.". (3) "If such ship, vessel, or boat be bound elsewhere, and shall continue within such harbor, or so hovering for twenty-four hours after the master shall have been required to depart, any one of such officers or persons as are above mentioned may bring such ship, vessel, or boat into port and search her cargo, and may also examine the master upon oath touching the cargo and voyage; and if the master or person in command shall not truly answer the questions put to him in such examination he shall forfeit $400; and if such ship, vessel, or boat be foreign, or not navigated according to the laws of the United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors of Canada not included within the above-mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof shall be forfeited. (4) "All goods, ships, vessels, and boats, and the tackle, rigging, apparel, furniture, stores, and cargo liable to forfeiture under this act, may be seized and secured by any officers or persons mentioned in the second section of this act; and every per son opposing any officer or person in the execution of his duty under this act, or aid ing or abetting any other other person in any opposition, shall forfeit $800, and shall be guilty of a misdemeanor, and upon conviction be liable to imprisonment for a term not exceeding two years." Having reference to the above, you are requested to furnish any foreign fishing vessels, boats, or fishermen found within three marine miles of the shore, within your district, with a printed copy of the "warning" inclosed herewith. If any fishing vessel or boat of the United States is found fishing, or to have been fishing, or preparing to fish, or, if hovering within the three-mile limit, does not depart within twenty-four hours after receiving such "warning," you will please place an officer on board such vessel and at once telegraph the facts to the fisheries department at Ottawa and await instructions. J. JOHNSON, Commissioner of Customs. No. 172. Mr. Bayard to Mr. Phelps. No. 369.] DEPARTMENT OF STATE, SIR: I transmit to you, herewith, copies of the President's message of the 24th instant, to the Senate, relative to seizures and detentions of American vessels in Canadian waters. I am, &c., T. F. BAYARD. [Inclosure in No. 369.-Senate Ex. Doc. No. 217, Forty-ninth Congress, first session.] Message from the President of the United States, transmitting, in response to Senate resolu tions of May 10 and July 10, 1886, a report of the Secretary of State relative to seizure and detentions of United States vessels in Canadian waters. JULY 24, 1886.-Read and referred to the Committee on Foreign Relations and ordered to be printed To the Senate of the United States: In response to the resolutions of the Senate dated, respectively, May 10 and July 10, 1836, touching alleged seizures and detentions of vessels of the United States in British North American waters, I transmit herewith a report of the Secretary of State, with accompanying papers. EXECUTIVE MANSION, GROVER CLEVELAND. Washington, July 24, 1886. To the President: Responding to the accompanying resolutions, of the respective dates of May 10 and July 10, 1836, adopted by the Senate of the United States, and which were referred by the President to this Department, the undersigned, Secretary of State, has the honor to reply: That the list hereunto appended gives all the cases of seizure or detention of American vessels in foreign ports since January 1, 1886, of which the Department of State has been informed; and, as it will be observed, no other cases of such seizure or detention have occurred than those in the ports of the Dominion of Canada, and under the alleged authority of the officials of that Government. All of the vessels so seized or detained were vessels licensed for fishing under the laws of the United States. They have all been released excepting the schooner David J. Adams, of Gloucester, Mass., which is still held in custody at Digby, Nova Scotia, her owners not having sought to procure her release by giving bond. The period for which each vessel was detained and the terms upon which they were respectively released are stated in the appended list. Instantly upon receiving authentic information of an alleged seizure from the owners of the vessels or their agents, or from the consular officers of the United States in Canada, this Department gave instructions to the United States consular officers to make full and careful investigation of the facts in each case; and wherever an infraction of treaty rights or the commercial rights and privileges of citizens of the United States appeared to have occurred, representation was promptly made to Her Britannic Majesty's minister at this capital, calling for redress, and notification given of demand for compensation for all loss and injury to the vessels in question and their owners. In order properly to assert and maintain the rights of our citizens and our international rights under conventions and by the law of nations which might be brought in question by these proceedings and by the action of the Canadian Government, the professional services of two gentlemen learned in the law-Mr. George W. Biddle, of the city of Philadelphia, and Mr. William L. Putnam, of the city of Portland, in Maine-were retained by the Executive; and since the 20th of May last these gentlemen have bestowed their careful consideration upon the circumstances and the law in connection therewith in each case. Proceedings have been commenced in the vice-admiralty court at Halifax, Nova Scotia, in the name of Her Majesty the Queen as plaintiff, against the schooner David J. Adams and the schooner Ella M. Doughty in both of which cases the complaint is substantially the same. Copy is hereunto appended of the complaint signed by the solicitor for the attorney-general of the Dominion of Canada against the Ella M. Doughty, which sets forth at length the alleged grounds for the seizure and detention of that vessel. Concurrently with these events, correspondence has begun and is still proceeding between this Department and the British minister at this capital, and also between the minister of the United States in London and the foreign office of Her Britannic Majesty's Government, to obtain satisfactory recognition and enforcement of our rights under treaty and international law and the laws and commercial usages of both countries, which are brought in question by the action of the Canadian authorities in making the seizures and detentions of American fishing vessels herein referred to and described. Pending this correspondence, which it is believed must soon terminate in an amicable settlement mutually just and honorable, and, therefore, satisfactory to both countries and their inhabitants, the undersigned is unable to recommend the Presi dent to communicate its contents in its present incomplete status, believing that to do so would not be compatible with the public interests as connected with the transactions referred to. Respectfully submitted. DEPARTMENT OF STATE, Washington, July 24, 1886. T. F. BAYARD. [List of inclosures.] 1. Resolution of the Senate of the United States, May 10, 1886. 2. Resolution of the Senate of the United States, July 10, 1886. 3. List of vessels of the United States seized or detained since January 1, 1886. 4. Text of the complaint filed by Her Britannic Majesty's Government against the Ella M. Doughty (with a letter from William L. Putnam, dated July 13, 1886). No. 1. IN THE SENATE OF THE UNITED STATES, Resolved, That the President be requested to communicate to the Senate, if in his opinion not incompatible with the public interest, any information in the possession of the Government concerning the alleged seizure of the United States fishing vessel David J. Adams while engaged in lawful commerce in one of the ports in the Domin ion of Canada, and what measures, if any, have been taken to protect fishing vessels of the United States while engaged in lawful commerce in the ports of the Dominion of Canada. Attest: Resolved, That the President of the United States be requested, so far as in his opinion it may not be inconsistent with the public interest, to inform the Senate of all facts in his possession or that of the Department of State in regard to the seizure or detention in any foreign ports of any American vessels since January 1, 1886, and the pretext or alleged causes for such seizure, and all correspondence relating to the same, and what efforts have been made to procure redress for such seizures, and to prevent the recurrence thereof. Attest: : List of American fishing vessels seized by the authorities of Canada in the year 1886. List of American fishing vessels detained by the authorities of Canada in the year 1886. Action for forfeiture of the said vessel and her cargo for violation of a certain convention between his late Majesty George the Third, King of the United Kingdom of Great Britain and Ireland, of the one part, and the United States of America, of the other part, made on the 20th day of October, 1818, and for violation of the act of the Parliament of the United Kingdom of Great Britain and Ireland, made and passed in the the fifty-ninth year of the reign of his late Majesty George the Third, King of the United Kingdom of Great Britain and Ireland, being chapter 38 of the acts of the said last named Parliament, made and passed in the said year. Also, for forfeiture of the said |