169

170

1886. Mr. Phelps to Mr. Bayard June 5 (No. 293).

Fisheries: Seizure of American vessels by Cana-
dian authorities; note to foreign office pro-
testing against seizures on erroneous interpre-
tation of treaty of 1818 inclosed; provisions of
treaty discussed; treaty does not prohibit pur-
chase of bait for use outside of 3-mile limit;
United States will hold Great Britain responsi-
ble for losses resulting from seizures; real pur
pose of Canada to force United States to admit
their fish free.

Mr. Bayard to Mr. Phelps June 18 Fisheries: Seizure of American vessels by Cana-
(No. 328).

171

Same to same (No. 329) .

June 18

172

Same to same (No. 369)

July 29

173

Same to same (No. 372).....

July 30

174

175

Mr. Phelps to Mr. Bayard Sept. 13 (No. 351).

dian authorities; his presentation of position of
United States commended; note to British
minister of June 14, protesting against warn-
ings given to American vessels to keep outside
of imaginary lines inclosed.
Fisheries: Dispatch from consul-general at Hali-
fax, transmitting confidential circular of Cana
dian commissioner of customs inclosed; "warn-
ing" to be furnished United States fishing ves
sels; vessels not departing within twenty-four
hours after receipt of warning to be seized.
Fisheries: Seizures and detentions of American
fishing vessels in Canadian waters; message of
President to Congress, transmitting report of
Secretary of State, with list of vessels seized or
detained, and text of complaint filed against the
Ella M. Doughty inclosed.
Fisheries: Warnings issued in Newfoundland to
masters of American fishing vessels Thomas F.
Bayard and Mascot, prohibiting them from fish-
ing in waters included in region wherein liberty
to fish is forever secured by treaty of 1818; pre-
vious attempts to prohibit purchase of bait in
Newfoundland disapproved by Great Britain;
directed to ask British Government to issue in-
structions to Newfoundland officials to pre-
vent recurrence of wrongs; damages will be
claimed; affidavits of masters of the Thomas F.
Bayard and the Mascot inclosed.
Fisheries: Note to foreign office protesting against
seizures of American vessels and violation of
treaty of 1818, and aflidavits of masters of Ameri-
can vessels inclosed; temporary mutual under-
standing of construction of treaty to prevent
vexatious action suggested.

Mr. Porter to Mr. Phelps Sept. 29 Fisheries: Threatened seizure of the A. R. Crit-
(No. 414).

tenden if she took on water; note to the British
minister of September 23, asking reprimand of
customs officer at Steep Creek for inhumane con-
duct inclosed.

Fisheries: Transmits acknowledgment by British
foreign office of Mr. Phelps's note of September

11.

Fisheries: Seizure of the American fishing vessel
Everett Steele; note to British minister of
October 19 inclosed.

Fisheries: Seizure of the American fishing vessel
Marion Grimes, and hauling down of her flag by
commander of Canadian cruiser Terror; protests
against seizure, and unfriendly action of the
commander of the Terror in refusing shelter to
American vessels and outrageous treatment;
reparation and reprimand of that officer desired;
fisheries question reviewed; equitable treat-
ment of American fishermen urged.
Fisheries: Seizure of the Marion Grimes and the
hauling down of her flag by commander of Ca-
nadian cruiser Terror; affidavit of captain in-

closed.

340

346

347

349

355

362

361

362

362

362

371

Mr. West to Mr. Bayard.... Mar. 19.

Fisheries: Asks whether it is intended to notify American fishermen that they are precluded from fishing in British North American waters. Mr. Bayard to Mr. West.... Mar. 23. Fisheries: Notice to American fishermen that they are precluded from fishing in British North American waters; in view of rights under treaty of 1818 notice not found necessary. Fisheries: Notice to American fishermen that they are precluded from fishing in British North American waters; Great Britain and Canada informed of decision of United States that notice is not necessary.

Mr. West to Mr. Bayard.... Mar. 24.

Mr. Bayard to Mr. West.... May 10

Fisheries: Seizure of the American fishing ves-
sels Joseph Story and David J. Adams; colo-
nial interpretation of treaty of 1818 complained
of; treaty considered; deep-sea fishing not af
fected by it; purchase of bait beyond its scope;
interchange of views desired to secure just and
harmonious interpretation.

Fisheries: Note of May 10 communicated to Brit-
ish Government.

Fisheries: Seizure and detention of the David J.
Adams; facts and alleged reasons for seizure
stated; fishery correspondence in 1870 reviewed;
position of Gaeat Britain at that time; offense
of fishing to be proven before vessels can be
captured; instructed to ask that a similar or-
der be issued at this time.
Fisheries: Seizures and detentions of American
fishing vessels and vexatious interpretations
of treaty of 1818 by Canadian authorities; sus-
pension of seizures asked pending discussion of
treaty.

Fisheries: Act pending in Canadian Parliament
to provide for the forcible search, seizure, and
forfeiture of foreign vessels; protests against;
circular and warnings issued by Canadian cus-
toms department; propositions for enforcement
by Canada of any convention between the
United States and Great Britain unwarranted;
Great Britain will be held responsible for all
losses and injuries.

Fisheries: Acknowledges notes of May 20 and 29.
Fisheries: Herring caught in Dominion weirs for
canning; American boats reported prohibited
from purchasing, under penalty of seizure; injury
to sardine trade which will be caused thereby.
Fisheries: Refusal to allow the American schooner
Annie M. Jordan, properly documented, to enter
St. Andrews; protests against; Great Britain
will be held liable for loss and damage caused
thereby.

Fisheries: Refusal to allow the American schooner
Annie M. Jordan to enter St. Andrews; acknowl-
edges note of protest of June 7.
Fisheries: Refusal of collector at Halifax to al-
low American vessels to land fish for transpor
tation in bond, and warnings issued to Ameri
can vessels to keep outside of imaginary lines
from headland to headland more than 3 ma-
rine miles from shore; protests against, as un-
warranted and in violation of treaty of 1818.
Fisheries: Note of June 14 communicated to Great
Britain.
Fisheries: Acts respecting fishing by foreign ves-
sels in British North American waters inclosed.
Fisheries: Detention of the American schooner
City Point at Shelburne, for landing men and
obtaining water, is a violation of treaty stipu
lations and commercial privileges, which Great
Britain is held responsible to correct.
Fisheries: Detention of the schooner City Point
at Shelburne; acknowledges note of July 2.
Fisheries: Act pending in Canadian Parliament
for the forcible search, seizure, and forfeiture
of foreign vessels; note of May 29, protesting
against, will be considered.

Fisheries: Expulsion of American boats from St.
Andrews, New Brunswick, there for the pur-
pose of purchasing herring caught in Canadian
weirs for canning; inhibition without warrant
of law; attention called to note of June 2.

372

372

373

377

377

377

380

380

381

381

382

382

383

383

384

390

390

391

391

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON-Continued.

No.

From and to whom.

Dete.

Subject.

Page.

199

Same to same

1886. July 10

Mr. Hardinge to Mr. Bayard. July 12
July 12

200

201

Same to same

202

Mr. Bayard to Mr. Hardinge. July 10

203

204

Mr. Hardinge to Mr. Bayard. July 17
Mr. Bayard to Mr. West... July 30

205

206

207

Fisheries: Refusal to allow the American steamer
Novelty to take in coal, purchase ice, and trans-
ship fish in bond at Pictou, Nova Scotia; pro-
tests against as unwarranted interpretation of
treaty of 1818 and in violation of commercial
laws; Great Britain held liable for loss or in-
jury.
Fisheries: Herring caught in Canadian weirs for
canning; acknowledges note of July 10.
Fisheries: Case of the Novelty; acknowledges
note of July 10.

Fisheries: Expulsion of Stephen R. Balkam from
St. Andrews, New Brunswick, and refusal to
permit him to purchase fish caught in Canadian
weirs for canning; protests against, and asks
reparation to Mr. Balkan.

Fisheries: Case of Stephen R. Balkam; acknowl.
edges note of July 16.
Fisheries: Warnings to American vessels Thomas
F. Bayard and Mascot not to purchase bait in
Newfoundland, under penalty of seizure, an in-
fraction of treaty of 1818; Great Britain held
liable for losses sustained; asks remedial action
by Great Britain.

Fisheries: Cases of the Thomas F. Bayard and
the Mascot; acknowledges note of July 30.
Fisheries Seizures of American vessels; reply
of British foreign office to protests against;
declines to discuss legality of seizures, as cases
are being tried by Canadian courts, and may
come before privy council on appeal; suggests
negotiation of new treaty; transmits reports of
Canadian minister of marine and fisheries argu-
ing in defense of jurisdiction of Canada, dis-
patch of governor-general of Canada, and Cana-
dian customs circulars and warnings.
Fisheries: Unfriendly action to American fishing
schooner Rattler, driven by stress of weather
into the harbor of Shelburne, Nova Scotia, and
compelled to report at custom-house by com-
mander of Canadian cutter Terror; facts stated;
protests against and asks reprimand of Cana
dian officer.

Fisheries: Case of the Rattler; acknowledges
note of August 9.

Fisheries: Refusal to allow the American schooner
Golden Hind to enter the Bay of Chaleurs; facts
stated; protests against; holds Great Britain
liable for loss or injury, and asks that steps be
taken to prevent and rebuke these violations of
treaty.
Fisheries: Case of the Golden Hind; acknowl-
edges note of August 17.
Fisheries: Hostile and outrageous misbehavior of
Captain Quigley, of the Canadian cruiser Terror,
towards American vessels; cases of the Shiloh,
Julia Ellen, and Rattler; reprimand of Captain
Quigley asked.
Fisheries: Detention of American schooner City
Point at Shelburne, Nova Scotia; cause for de-
tention stated; vessel released on deposit of $400. |
Fisheries: Hostile and outrageous misbehavior
of Captain Quigley, of Canadian cruiser Terror,
towards American vessels; acknowledges note
of August 18.

Fisheries: Cases of the Thomas F. Bayard and
the Mascot; action to be taken by Great Brit-
ain.

Earthquake in the United States: Sympathy of
the Queen expressed.
Earthquake in the United States: Appreciative
acknowledgment of telegram of sympathy.
Fisheries: Refusal at Port Mulgrave, Nova Scotia,
to allow captain of the American fishing vessel
Mollie Adams to purchase barrels to hold
water; facts stated: asks reprimand of customs
officers; Great Britain will be held liable for
losses sustained.

218 Mr. West to Mr. Bayard.... Sept. 11 Fisheries: Case of the Mollie Adams; acknowl.
edges note of September 10.

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON-Continued.

No.

From and to whom.

Date.

Subject.

Page.

219

1886. Mr. West to Mr. Bayard.... Sept. 17

220 Same to same...

Sept. 18

221

Mr. Bayard to Mr. West.... Sept. 23

222

Fisheries: Warnings to American vessels not to
fish in localities where the right is granted by
treaty of 1818; steps taken by British Govern-
ment; Canada warned that no action contrary
to treaty of 1818 may be taken against United
States vessels.

Fisheries: Case of the Golden Hind; immediate
inquiry will be made by Great Britain.
Fisheries: Refusal to allow the American vessel
A. R. Crittenden to take in water at Steep Creek;
facts stated; right to obtain water granted by
treaty of 1818; asks that customs officer be re-
buked; question of damage reserved.

Mr. West to Mr. Bayard.... Sept. 25 Fisheries: Case of the A. R. Crittenden; ac

223 Same to same..

Oct. 12

Oct.

Oct. 19

knowledges note of September 23.
Fisheries: Warnings issued by subcollector at
Canso to American vessels to keep outside of
imaginary lines from headland to headland; re-
port of Canadian privy council denying the is-
suance of such warnings inclosed.

12 Fisheries: Refusal to allow American steamer
Novelty to take in coal, purchase ice, and trans-
ship fish in bond at Pictou, Nova Scotia, and
to allow American vessels to purchase herring
caught in Dominion weirs for canning; report
of Canadian privy council claiming that refusal
to Novelty was in accordance with treaty of
1818, and denying inhibition to purchase her-
ring for canning, inclosed.
Fisheries: Detention of the American fishing ves
sel Everett Steele, which entered Shelburne,
Nova Scotia, for shelter; rights of American
fishermen in British North American waters
and question of shelter discussed.
Oct. 20 Fisheries: Seizure of the American fishing vessel
Pearl Nelson at Arichat, Nova Scotia, in viola-
tion of treaty of 1818, for allowing crew to go
ashore the night before reporting at custom-
house; fine of $200 imposed; remittance of fine
asked; atidavit of captain stating facts in-
closed.

Mr. West to Mr. Bayard.... Oct. 21

228 Mr. Bayard to Mr. West.. Oct. 27

Fisheries: Cases of the Everett Steele and Pearl
Nelson; acknowledges notes of October 19 and

20.

Fisheries: Canadian laws regulating sale and ex-
portation of fresh herring from Grand Manan
Island; information concerning their administra.
tion requested; letters of October 18 and 25 from
the president of the American Fishery Union,
inclosed.

Fisheries: Unfriendly action to the American fish-
ing schooner Rattler at Shelburne, Nova Scotia;
report of collector of customs at Shelburne
inclosed.
Fisheries: Expulsion of Stephen R. Balkam from
harbor of St. Andrews, New Brunswick; report
of Canadian authorities inclosed.
Fisheries: Inhospitable conduct of the collector
of customs at Shelburne, Nova Scotia, in refusing
to allow captain of the American vessel Laura
Sayward to buy food for his crew, and of the com-
mander of the Canadian cruiser Terror, in forbid-
ding the relatives of the captain of the Jeannie
Seaverns visiting him; protests against; affi-
davits of the captains giving facts inclosed.
Fisheries: Cases of the Laura Sayward and the
Jeannie Seaverns; acknowledges note of No-
vember 11.

Fisheries: Cases of the Everett Steele and Pearl
Nelson; Dominion Government have been asked
to report upon their action in these cases.
Fisheries: Outrage to the American vessel Molly
Adams, by Nova Scotian authorities, in refus-
ing to allow her captain to purchase provisions
necessitated by the rescue of shipwrecked Nova
Scotians; compensation should be made the
captain; affidavit of the captain, showing ill-
treatment received inclosed.

6 Fisheries: Sale and exportation of fresh herring
from Grand Manan Island; information rela-
tive to and customs laws of Canada inclosed.

CORRESPONDENCE WITH THE BRITISH LEGATION AT WASHINGTON-Continued.

Subject.

Fisheries: Warning to the American vessel Mas-
cot not to purchase bait in Newfoundland; re-
port from government of Newfoundland sus-
taining propriety of warning inclosed.
Fisheries: Complaints against the commander of
Canadian cutter Terror by masters of the Amer.
rican fishing vessels Rattler, Shiloh, and Julia
Ellen; dispatch from governor-general of Can-
ada, with inclosures exonerating the command-
er of the Terror, inclosed.
Fisheries: Seizure of the American fishing ves-
sel Marion Grimes, and the hauling down of
her flag by the commander of the Canadian cut-
ter Terror; transmits regret of Canadian Gov.
ernment at commander's action in lowering flag.

Page.

485

487

491

SELECTIONS FROM CORRESPONDENCE WITH PARTIES INTERESTED IN AMERICAN FISHING VESSELS MOLESTED IN CANADIAN WATERS.

240

Mr. Bayard to Messrs. Cush- Apr.
ing and McKenney (tele-
gram).

9

493

241

Mr. Woodbury to Mr. Bay- May 21 ard.

242

Same to same..

243

244

245

246

May 22

Mr. Steele to Mr. Bayard.... May 22

Fisheries: Shipping of crews at Canadian ports
by American fishing vessels; question may in-
volve construction of treaty with Great Brit-
ain; understanding will be sought to relieve
all doubts.

Fisheries: Seizure of the American fishing ves-
sel David J. Adams; affidavits of captain and
crew, showing damage caused by seizure, in-
closed.

Fisheries: Seizure of the American fishing ves-
sel David J. Adams; explains his connection
with the case.

Fisheries: Refusal of the customs authority at
Digby, Nova Scotia, to allow captain of the Julia
and Ellen to purchase fresh herring; affidavits
of the captain and mate inclosed.

Mr. Bayard to Mr. Steele... May 26 Fisheries: Refusal of customs authority at Digby,

Mr. Jordan to Mr. Bayard. June 4

Mr. Steele to Mr. Bayard... June 5

Nova Scotia, to allow captain of the Julia and
Ellen to purchase fresh herring; matter will re-
ceive attention.

Fisheries: Proposed seizure by Canada of the
American schooner James A. Garfield, for al-
leged purchasing of bait and ice, and the expul
sion of the Annie H. Jordan; asks if United
States will sustain resistance to capture.
Fisheries: Refusal of collector of customs at St.
Andrews, New Brunswick, to allow entry of the
Annie M. Jordan; transmits affidavit of the
master of the Jordan, and his permit to touch
and trade.

Fisheries: Relation of American fisheries with
England and her provinces discussed; real mo-
tive of Canada to secure a reciprocity treaty;
retaliation advocated.

Fisheries: Refusal of collector of customs at St.
Andrews, New Brunswick, to allow the entry of
the Annie M. Jordan: protest has been made to
the British Government.
Fisheries: Relation of American fisheries with
England and her provinces; retaliation solely
for the consideration of Congress; United
States will do utmost to secure citizens full en-
joyment of their rights.
Fisheries: Intended resistance by interested
parties to the proposed seizure by Canada of
the American schooner James A. Garfield;
United States expect their citizens to abstain
from any resort to force as a remedy for injus
tice: Government will see that rights of Amer
icans are protected everywhere.
Fisheries: Seizure of the David J. Adams; asks
what action will be taken by the United States.

493

497

498

499

500

500

501

503

504

504

505