bors in Canada, and stay on board so 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 abovementioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel, or boat under the first section of this act, 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 person opposing any officer or person in the execution of his duty under this act, or aiding or abetting any other person in any opposition, shall forfeit $200, and shall be guilty of a misdemeanor, and upon conviction, be liable to imprisonment for a term not exceeding two years." Of all of which you will take notice and govern yourself accordingly. DEPARTMENT OF FISHERIES, Ottawa, March 5, 1886. GEORGE E. FOSTER, Minister of Marine and Fisheries. [Inclosure 3 in Earl Rosebery's second instruction of July 23, 1886.] Customs circular No. 371. CUSTOMS DEPARTMENT, SIR: The Government of the United States having by notice terminated Articles XVIII to XXV, both inclusive, and Article XXX, known as the fishery articles of the Washington treaty, attention is called to the following provision of the convention between the United States and Great Britain, signed at London on the 20th October, 1818: "ARTICLE I. 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 commissioned 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 so 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 dollars; 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 under the 1st section of this act, such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof shall be forteited. "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 2d section of this act; and every person opposing any officer or person in the execution of his duty under this act, or aiding or abetting any other person in any opposition, shall forfeit 800 dollars, 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 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 of such vessel, and at once telegraph the facts to the Fisheries Department at Ottawa, and await instructions. J. JOHNSON, Commissioner of Customs. To the COLLECTOR OF CUSTOMS at [Inclosure 3 in Mr. Hardinge's note of August 2, 1886.] The Earl of Rosebery to Sir L. West. FOREIGN OFFICE, July 23, 1886. SIR: I have received your dispatch No. 55, Treaty, of the 15th ultimo, in which you inclose a copy of a note from Mr. Bayard, protesting against a warning alleged to have been given to United States fishing vessels by a Canadian customs official, with the view to prevent them from fishing within lines drawn from headland to headland from Cape Canso to St. Esprit, and from North Cape to East Point of Prince Edward Island. In reply, I have to request you to acquaint Mr. Bayard that Her Majesty's Government have ascertained that no instructions to this effect have been issued by the Canadian Government, but that a further report is expected upon the subject. It appears that the collector at Canso, in conversation with the master of a fishing vessel, expressed the opinion that the headland line ran from Cranberry Island to St. Esprit, but this was wholly unauthorized. I am, &c. No. 207. Mr. Bayard to Mr. Hardinge. DEPARTMENT OF STATE, SIR: I regret that it has become my duty to draw the attention of Her Majesty's Government to the unwarrantable and unfriendly treatment, reported to me this day by the United States consul-general at Halifax, experienced by the American fishing schooner Rattler, of Gloucester, Mass., on the 3d instant, upon the occasion of her being driven by stress of weather to find shelter in the harbor of Shelburne, Nova Scotia. She was deeply laden and was off the harbor of Shelburne when she sought shelter in a storm and cast anchor just inside the harbor's entrance. She was at once boarded by an officer of the Canadian cutter Terror, who placed two men on board. When the storm ceased the Rattler weighed anchor to proceed on her way home, when the two men placed on board by the Terror discharged their pistols as a signal, and an officer from the Terror again boarded the Rattler and threatened to sieze the vessel unless the captain reported at the custom-house. The vessel was then detained until the captain reported at the custom-house, after which she was permitted to sail. The hospitality which all civilized nations prescribe has thus been violated and the stipulations of a treaty grossly infracted. A fishing vessel, denied all the usual commercial privileges in a port, has been compelled strictly to perform commercial obligations. In the interests of amity, I ask that this misconduct may be properly rebuked by the Government of Her Majesty. I have, &c., T. F. BAYARD. No. 208. Mr. Hardinge to Mr. Bayard. WASHINGTON, August 10, 1886. [Received August 11.] SIR: I have the honor to acknowledge the receipt of your note of yesterday, drawing the attention of Her Majesty's Government to the alleged unwarrantable and unfriendly treatment experienced by the American fishing schooner Rattler, on the 3d instant, upon the occa· sion of her being driven by stress of weather to find shelter in the har bor of Shelburne, Nova Scotia. I have, &c., CHARLES HARDINGE. No. 209. Mr. Bayard to Sir L. West. DEPARTMENT OF STATE, SIR: An affidavit has been filed in this Department by Reuben Cameron, master of the American schooner Golden Hind, of Gloucester, Mass., setting forth that, on or about the 23d of July ultimo, being out of water, he attempted to put into Port Daniel, Bay of Chaleurs, to obtain a fresh supply; that at the entrance of the bay, about four or five miles from land, the Golden Hind was boarded by an officer from the Canadian schooner E. F. Conrad, and by him ordered not to enter the Bay of Chaleurs; that said officer furnished Captain Cameron with a printed warning with this indorsement written thereon: "Don't enter the Bay of Chaleurs, M. S.;" and that in consequence of said act of the Canadian officer the Golden Hind was obliged to go across to Tignish, Prince Edward Island, to obtain water, whereby his fishing venture was interfered with, and loss and injury caused to the vessel and her owners. I have the honor to protest against this act of officers of Her Britannic Majesty as not only distinctly unfriendly and contrary to the humane usages of civilized nations, but as in direct violation of so much of Article I of the convention of 1818 between the United States and Great Britain as secures forever to American fishermen upon the British North American coast admission to the bays or harbors thereof for the purpose of obtaining water. And for all loss or injury which may be shown to have accrued by reason of the act in question the Government of Her Britannic Majesty will be held justly liable. I have further the honor to ask with all earnestness that the Government of Her Britannic Majesty will cause steps to be forthwith taken to prevent and rebuke acts so violative of treaty and of the common rites of hospitality. I have, &c., No. 210. T. F. BAYARD. Sir L. West to Mr. Bayard. WASHINGTON, August 18, 1886. [Received August 19.] SIR: I have the honor to acknowledge the receipt of your note of yesterday, protesting against the action of the officer of the Dominion schooner E. F. Conrad, in forbidding the master of the American schooner Golden Hind to enter the Bay of Chaleur for the purpose of renewing his supply of fresh water at that place. I have, &c., L. S. SACKVILLE WEST. SIR: Grave cause of complaint is alleged by the masters of several American fishing vessels, among which can be named the schooners Shiloh and Julia Ellen, against the hostile and outrageous misbehavior of Captain Quigley, of the Canadian cruiser Terror, who, upon the entrance of these vessels into the harbor of Liverpool, Nova Scotia, fired a gun across their bows to hasten their coming to, and placed a guard of two armed men on board each vessel, who remained on board until the vessels left the harbor. In my note to your legation of the 9th instant I made earnest remonstrance against another unfriendly act of Captain Quigley, against the schooner Rattler, of Gloucester, Mass., which, being fully laden and on her homeward voyage, sought shelter from stress of weather in Shelburne Harbor, Nova Scotia, and was then compelled to report at the custom-house, and have a guard of armed men kept on board. Such conduct cannot be defended on any just ground, and I draw your attention to it in order that Her Britannic Majesty's Government may reprimand Captain Quigley for his unwarranted and rude act. It was simply impossible for this officer to suppose that any invasion of the fishing privileges of Canada was intended by these vessels under the circumstances. The firing of a gun across their bows was a most unusual and wholly uncalled for exhibition of hostility, and equally so was the placing of armed men on board the peaceful and lawful craft of a friendly nation. I have, &c., T. F. BAYARD. No. 212. Sir L. West to Mr. Bayard. WASHINGTON, August 18, 1886. [Received August 19.] SIR: With reference to your note of the 2d ultimo reporting to me the detention of the American schooner City Point, of Portland, Me., by the Canadian authorities at the port of Shelburne, Nova Scotia, and protesting against their action in so doing, I have the honor to inform you, in accordance with instructions which I have received from Her Majesty's Government, that the master of the schooner City Point committed a breach of the customs laws of the Dominion by not reporting to customs and landing part of the crew and luggage. The vessel in question was subsequently released on deposit of $400. I have, &c., L. S. SACKVILLE WEST. |