^DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 501 



miles of the shore, within your district, for other purposes than those 

 of shelter and of repairing damages, of purchasing wood and of 

 obtaining water, with a printed copy of the warning enclosed here- 

 with. If such vessel or boat is found fishing, preparing to fish, or 

 violating the provisions of the Convention of 1818, by shipping men 

 or supplies or trading, or if hovering within the three-mile limit, 

 does not depart within twenty-four hours after receiving such warn- 

 ing, you will place an officer on board of such vessel, and at once 

 telegraph the facts to the Fisheries Department at Ottawa, and await 

 instructions. 



(Sd.) J. JOHNSON, 



Commissioner of Customs. 



No. 186. 1886, May 10: Letter from Mr. Bayard (United States 

 Secretary of State) to Sir L. S. S. West. 



DEPARTMENT or STATE, 



Washington, 10th May, 1886. 



SIR, On the 6th instant, I received from the Consul General of 

 the United States, at Halifax, a statement of the seizure of an 

 300 American schooner, the " Joseph Story," of Gloucester, Massa- 

 chusetts, by the authorities at Baddeck, Cape Breton, and her 

 discharge after a detention of twenty-four hours. 



On Saturday, the 8th instant, I received a telegram from the same 

 official, announcing the seizure of the American schooner " David J. 

 Adams," of Gloucester, Massachusetts, in the Annapolis Basin. Nova 

 Scotia, and that the vessel had been placed in the custody of an officer 

 of the Canadian steamer " Lansdowne," and sent to St. John, New 

 Brunswick, for trial. 



As both of these seizures took place in closely land-locked harbours, 

 no invasion of the territorial waters of the British provinces, with 

 the view of fishing there, could well be imagined. And yet the ar- 

 rests appear to have been based upon the act or intent of fishing 

 within waters as to which, under the provisions of the Treaty of 

 1818, between Great Britain and the United States of America, the 

 liberty of the inhabitants of the United States to fish has been 

 renounced. 



It would be superfluous for me to dwell upon the desire which, I 

 am sure, controls those respectively charged with the administration 

 of the Governments of Great Britain and the United States to pre- 

 vent occurrences tending to create exasperation and unneighborly 

 feeling, or collision between the inhabitants of the two countries; but 

 animated with this sentiment the time seems opportune for me to sub- 

 mit some views for your consideration, which I confidently hope will 

 lead to such administration of the laws regulating the commercial 

 interests and the mercantile marine of the two countries as may pro- 

 mote good feeling and mutual advantage, and prevent hostility to 

 commerce under the guise of protection to inshore fisheries. 



The Treaty of 1818 is between two nations, the United State? of 

 America and Great Britain, who, as the Contracting Parties, can 

 alone apply authoritative interpretation thereto, or enforce its pro- 

 visions by appropriate legislation. 



