[Sub-inclosure.] Report of a committee of the privy council approved by his excellency the governor-general in council on 8th March, 1888. On a report dated 24th February, 1888, from the minister of justice submitting for your excellency's consideration the cases of the United States fishing-vessels David J. Adams and E. M. Doughty, the minister of justice observes that these vessels were libeled in the viceadmiralty court at Halifax for violation of the statutes relating to "fishing by foreign vessels ", and relating to the convention between Great Britain and the United States of October 20, 1888. The proceedings were understood by the counsel on the part of the Crown to be closed early in the year 1886, but an application was made by the counsel for the defense for a protracted adjournment in order that further evidence might be taken. That the effect of the adjournment which was granted on this application was that the causes were not heard until June, 1887, when they were heard by the Hon. J. McDonald, judge of the vice-admiralty court for the Province of Nova Scotia. Judgment was reserved and has not yet been delivered. The minister desires to remind your excellency that these proceedings were taken for the purpose of asserting and establishing the right of Canada, under the convention of 1818, to prevent the purchase of bait and other fishing supplies in Canadian ports by the United States fishing vessels and to prevent such vessels from entering such ports for the shipping of crews. As, however, the result of the negotiations recently concluded at Washington has been to show that no further difference of opinion between the two Governments upon the points is to be apprehended, it appears to the minister of justice unnecessary that a judicial decision should be sought to affirm the right above mentioned." The minister therefore recommends that he be authorized to discontinue the proceedings against the vessels above mentioned, provided the owners or their representatives give an undertaking which will prevent such a step being made the basis for a claim for damages or expenses. The committee, concurring in the recommendation of the minister of justice, advise that a copy of this minute be forwarded to the secretary of state for the colonies in order that the reasons for this action above recommended may be in possession of Her Majesty's Government. Mr. West to Mr. Bayard. WASHINGTON, May 2, 1888. (Received May 3.) SIR: Under date of the 21st April you inclosed to me copy of a telegram which had been received from the United States consular agent at St. Pierre and Miquelon (a French possession) stating that ten American schooners were in that port which had been prevented from getting bait in Newfoundland, and that they were willing to pay the $1.50 per ton in order to obtain it. You requested me at the same time to ascertain by telegraph whether licenses could be ob92909. Doc. 870, 61-3, vol 3-22 tained under the modus vivendi which provided for their issue by the act of the British plenipotentiaries. I have now the honor to inclose to you herewith transcript of a telegram which I have received from the Marquis of Salisbury to the effect that the Government of Newfoundland have not forbidden the sale of bait to American vessels, that several have been already supplied, and that licenses therefore are unnecessary. Trusting that this information will be found satisfactory, I have, etc., [Inclosure.] L. S. SACKVILLE WEST. Transcript of telegram from Marquis of Salisbury to Sir L. West, dated May 1, 1888. The Government of Newfoundland have not forbidden sale of bait to American vessels; several have been already supplied and licenses therefore are unnecessary. Mr. Bayard to Mr. West. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt of your note of the 2d instant, communicating a copy of Lord Salisbury's telegram to you of the 1st instant, to the effect that the Government of Newfoundland has not forbidden the sale of bait to American vessels, that several have already been supplied, and that licenses are therefore unnecessary. I beg to renew the expression of satisfaction contained in my personal note of the 1st instant, and trust the amicable disposition manifested may be productive of good results to the relations of the two countries. I have, etc., T. F. BAYARD. Mr. West to Mr. Bayard. WASHINGTON, May 30, 1888. (Received May 31.) SIR: I am instructed by the Marquis of Salisbury to communicate to you the inclosed form of license which the Dominion Government proposes to issue for American fishing vessels under the modus vivendi, which has been put in operation. I have, etc., L. S. SACKVILLE WEST. [Inclosure.] License to United States Fishing Vessels. and tons of the United States fishing vessels register, of having paid to the undersigned collector of customs at the port of the sum of — the privilege is hereby granted to said fishing vessel to enter the bays and harbors of the Atlantic coasts of Canada and Newfoundland for the purchase of bait, ice, seines, lines, and all other supplies and outfits and the transshipment of catch and shipping of crews. This license shall continue in force for one year from the date thereof, and is issued in pursuance of the act of the Parliament of Canada, chapter, of 1888, entitled "An act respecting a certain treaty between Her Britannic Majesty and the President of the United States," and in pursuance of agreement between the Government of Canada and the Government of Newfoundland. This license, while conferring the above mentioned privileges, does not dispense with a due observance by the holder, or any other person, of the laws of Canada and of Newfoundland. PERIOD FROM 1905 TO 1909. Mr. Root to Sir M. Durand. DEPARTMENT OF STATE, WASHINGTON, October 12, 1905. (Received at Foreign Office, October 27.) DEAR MR. AMBASSADOR: I have just telegraphed you at Lenox expressing my wish for an interview at your early convenience. The occasion for the request is a despatch which I have just received from Senator Lodge, containing the following statement based, I assume, upon information received from his constituents in Massachusetts, who are interested in the fisheries: "Newfoundland cruiser 'Fiona' has arrived in Bay of Islands, on Treaty Coast, with Minister of Marine and Fisheries on board. The Minister has forbidden all vessels on American register to fish on Treaty Coast, where they now are, and where they have fished unmolested since 1818." The American boats are already upon the Treaty Coast. I have felt bound to advise Senator Lodge that I have no doubt of their right to proceed to take fish upon the ground where the Minister of Marine and Fisheries of Newfoundland has prohibited them from fishing. The history of the fisheries and the numerous difficulties which have arisen upon the Treaty Coast indicate that this conflict between the orders of the Newfoundland Government and the rights of our fishermen, as we conceive them to be, may lead to very serious and regrettable incidents. It seems unfortunate that the Government of Newfoundland should undertake to prohibit a practice justified by the construction of the various Treaties relating to the Newfoundland fisheries for more than a century without any suggestion by the Government of Great Britain that that Government proposes any change of construction, and without any exchange of views between the two Governments upon the subject. I shall wish to satisfy you that immediate representation should be made to the Government of Newfoundland, which will lead to a different way of raising and disposing of any questions which there may be regarding our fishermen's rights under the existing treaty. I am, &c. (Signed) ELIHU ROOT. Sir H. M. Durand to Mr. Root. BRITISH EMBASSY, Washington, October 14, 1905. DEAR MR. SECRETARY: I duly received, after my return from the State Department last night, your letter of the 12th October regarding the Newfoundland fishery question. As I told you, I have no information regarding the alleged action of the Newfoundland Government in forbidding the American vessels to fish upon the treaty coast, but I have telegraphed for full information both to the Foreign Office and to Newfoundland direct. Meanwhile, I trust that until we know for certain what the facts are you will do what you can to prevent any action on the part of the American fishermen which could tend to complicate the situation. I will do my best to prevent any such action on the part of our people. I remain, etc., H. M. DURAND. Sir H. M. Durand to Mr. Root. BRITISH EMBASSY, Washington, October 14, 1905. DEAR MR. SECRETARY: In answer to my telegram sent last night regarding the alleged action of the Newfoundland Minister of Marine and Fisheries in forbidding American vessels to fish on the treaty coast, the Governor of Newfoundland telegraphs as follows: "Your telegram this morning. My Ministers regard report entirely improbably (sic). Minister Fisheries on Fiona. Duty not connected American fisheries. Will obtain report when Minister Fisheries accessible telegraph." If, therefore, the alleged prohibition has been issued it is evidently not by direction of the Newfoundland Government. I hope the Minister's report, when received, will clear up the matter satisfactorily. I remain, etc., Sir H. M. Durand to Mr. Root. H. M. DURAND. BRITISH EMBASSY, Washington, October 19, 1905. DEAR MR. SECRETARY: In continuation of my letter of the 14th instant, I am now able to inform you that a telegram has been received by the Government of Newfoundland from the Minister of Marine. The Minister says that the statement that he has forbidden vessels on American register to fish on the treaty coast is without foundation. He has exercised no interference whatever with such vessels. Therefore, whatever may be the facts in regard to the alleged interference by subordinate officials, about which you spoke to me today, it is clear that the statement originally received by you was not H. M. DURAND. correct. I remain, etc., |