her bays and harbors for any purpose save those specified in the treaty. In conclusion, the undersigned would express the hope that the discussion which has arisen on this question may lead to renewed negotiations between Great Britain and the United States, and may have the result of establishing extended trade relations between the Republic and Canada, and of removing all sources of irritation between the two countries. GEORGE E. FOSTER, Minister of Marine and Fisheries. [Inclosure No. 2.] The Earl of Rosebery to Sir L. West. FOREIGN OFFICE, July 23, 1886. SIR: I have to acknowledge the receipt of your dispatch No. 46 (treaty), of the 30th May last, inclosing a copy of a note from Mr. Bayard, in which he protests against the provisions of a bill recently introduced into the Canadian Parliament for the purpose of regulating fishing operations by foreign vessels in Canadian waters. In reply I inclose an extract of a dispatch from the governor-general of Canada, containing observations on the subject. I have to add that Her Majesty's Government entirely concur in the views expressed by the Marquis of Lansdowne in this extract, of which you will communicate a copy to Mr. Bayard, together with a copy of the present dispatch. With regard to Mr. Bayard's observations in the same note respecting a customs circular and a warning issued by the Canadian authorities, and dated respectively the 7th May and the 5th March last, I have to acquaint you that these documents have now been amended so as to bring them into exact accordance with treaty stipulations; and I inclose, for communication to the United States Government, printed copies of these documents as amended. I am, &c. [Inclosure No. 3.1 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. Mr. Bayard to Mr. Hardinge. DEPARTMENT of State, Washington, August 9, 1886. 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 seize 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., Mr. Presson to Mr. Bayard. T. F. BAYARD. COLLECTOR'S OFFICE, Gloucester, Mass., August 9, 1886. (Received August 11.) SIR: I am requested to forward the inclosed affidavit of Capt. Daniel McDonald of schooner Hereward, of Gloucester, in regard to his detention at Cape Canso, Nova Scotia, July 2. Very respectfully, &c., D. S. PRESSON, Collector. [Inclosure.] Affidavit of Captain McDonald, of the schooner Hereward. GLOUCESTER, August 6, 1886. I, Daniel McDonald, master of American schooner Hereward, of Gloucester, do depose and say: That I went into Cape Canso, N. S., with my vessel, on the afternoon of July 2, and went to the customhouse and reported. One of my crew went on shore without authority and failed to return at night; some of the crew thought he had deserted and engaged another man to take his place (all without any authority from me), but he returned the next morning. The next morning the collector, Mr. Young, came on board and demanded my papers (charging me with shipping a man). I gave them to him, and he kept them until 10.30 o'clock that eve, when he returned them to me. As I was all ready to sail that morning, it detained the vessel two (2) days in that port, as the next day was Sunday. MASSACHUSETTS, Essex, 88: DANIEL M'DONALD. AUGUST 6, 1886. Personally appeared D. McDonald, and made oath to the above. Before me. [L. 8.] AARON PARSONS, Mr. Hardinge to Mr. Bayard. WASHINGTON, August 10, 1886. 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 occasion of her being driven by stress of weather to find shelter in the harbor of Shelburne, Nova Scotia. I have, &c., Mr. Presson to Mr. Bayard. CHARLES HARDINGE. CUSTOM-HOUSE, GLOUCESTER, MASS., Collector's Office, August 10, 1886. (Received August 11.) SIR: In reply to your telegram of 5th instant I inclose affidavits of Captain Cunningham, of schooner Rattler, and his passenger and crew, in relation to their treatment at Shelburne, Nova Scotia, on going in there for shelter on 3d instant. Very respectfully, &c., D. S. PRESSON, Collector. [Inclosure.] Affidavit of Captain Cunningham, of the schooner Rattler. I, Augustus F. Cunningham, master of the schooner Rattler, of Gloucester, being duly sworn, do depose and say: That on Thursday, July 8, 1886, we sailed from Gloucester on a mackerel cruise. On Tuesday August 3d (having secured a fare of mackerel and while on our passage home), at 7 p. m., the wind blowing hard, the sea being rough, and our vessel being deeply loaded, with two large seineboats on deck, we put into the harbor of Shelburne, N. S., for shelter. Just inside of the harbor we were brought to by a gun fired from the Canadian cruiser Terror, Captain Quigley, and came to anchor. Immediately a boat from the Terror came alongside and its commander, Lieutenant Bennett, asked why we were in the harbor. My reply was, "For shelter." Then taking the name of our vessel, names of owner and captain, where from, where bound, and how many fish we had, and forbidding any of the crew to go on shore, he returned to the Terror for further instructions. Boarding us again, after a lapse of perhaps forty-five minutes, he put two armed men on board of us, asked for our crew-list, and said if I remained until morning I must enter at the custom-house, but if I could sail in the night to tell his men to fire a revolver and a boat would be sent to take them off. At 12 o'clock that night, preferring to risk the dangers of the sea to the danger of seizure, I ordered the anchor hove short, the mainsail hoisted preparatory to sailing, and told one of the Terror's men to fire a revolver, which he did. Receiving no reply, and seeing no signs of life on board the Terror, I ordered the revolver to be fired again. This brought a boat from the Terror, commanded by First Lieutenant Bennett, who boarded my schooner, gave each of the two men on board an extra revolver, and told me the orders of Captain Quigley were, that I should not leave the port until I had reported to the customs officer at Shelburne. Upon receipt of these orders I payed out the chain and lowered the mainsail. The boat went back to the Terror and immediately returned with Captain Quigley on board. He denied the permission given me by his first officer to sail in the night and ordered me to go to Shelburne and enter and clear at the custom-house there. I asked him how I should go, as we were 8 miles distant from the custom-house. His reply was, "I don't care, sir, how you go; but you must go there; and on your return show your clearance to me or suffer the consequences." He told me my vessel was in charge of his two men, and to them he gave these orders: "Gunner, you will allow the captain to proceed to Shelburne with the vessel, come to anchor, take his dory and two men, no more, and go on shore to enter. Allow them to bring nothing off in their dory; and if a man puts his hand on the wheel to go to sea, chop his arm off or shoot him, as the case may require." I asked him if the law was not very strict that did not allow a vessel arriving at night after office hours to proceed before daylight, and why the law was enforced. He replied, it was to prove that Canadian harbors were a benefit to American fishermen. At daylight we got under way and started for Shelburne, and Lieutenant Bennett and four more armed men came on board. We arrived at Shelburne about 4.30 o'clock a. m. I went on shore with Lieutenant Bennett and his boat's crew, woke up Collector Atwood, who, after inquiring of the lieutenant if there were any charges against me, entered and cleared the vessel. On my return to the vessel the lieutenant requested me to exhibit my clearance, which I did, and we were then allowed to depart. I would state that when we first entered the harbor of Shelburne a Canadian vessel entered just ahead of us, and she was unmolested, sailing at her pleasure during the night, which showed plainly that an American vessel was not accorded the same treatment in Canadian ports as are Canadian vessels, although, as the collector at Halifax informed me in June last, the same laws applied to Canadian vessels as to American vessels. During the whole difficulty my language was respectful and I quietly submitted to the detention, to the sarcastic language and overbearing conduct of Captain Quigley, but I deem my treatment and detention severe and unjust and an outrage upon the international courtesy that should exist between two friendly nations. A. F. CUNNINGHAM. I, Lawson C. Rich, of Canton, N. Y., a passenger on board schooner Rattler with Captain Cunningham, do depose and say that the above statement of Captain Cunningham is true in every particular. LAWSON CARTER RICH. MASSACHUSETTS, Essex, ss: AUGUST 9, 1886. Personally appeared A. F. Cunningham and L. C. Rich and made oath to the truth of the above statement. Before me. [L. 8.] AARON PARSONS, We, William Bowie, Frederick Brooks, Charles Lowry, Charles Hart, George Vibert, John Hart, John Lowry, Daniel McLean, Alexander O'Neil, James Levange, and Martin Guthrie, of the crew of schooner Rattler, do depose and say that the above statement of Captain Cunningham is true in every particular. Personally appeared the above-named persons, crew of schooner Rattler, and made oath to the truth of the above. Before me. [L. S.] AARON PARSONS, Notary Public. |