506 APPENDIX TO BRITISH CASE. 



No. 188. 1886, May 20: Despatch from Mr. T. F. Bayard, United 

 States Secretary of State, to Sir L. S. S. West. 



DEPARTMENT or STATE, 

 Washington, 20th May, 1886. 



SIR, Although without reply to the note I had the honour to ad- 

 dress to you on the 10th instant in relation to the Canadian fisheries, 

 and the interpretation of the Treaty of 1818, between the United 

 States and Great Britain as to the rights and duties of the American 

 citizens engaged in maritime trade and intercourse with the prov- 

 inces of British North America, in view of the unrestrained, and as 

 it appears to me unwarranted, irregular and severe action of the 

 Canadian officials toward American vessels in those waters. Yet I 

 feel it to be my duty to bring impressively to your attention informa- 

 tion more recently received by me from the United States Consul 

 General at Halifax, Nova Scotia, in relation to the seizure and con- 

 tinued detention of the American schooner " David J. Adams " al-' 

 ready referred to in my previous note, and the apparent disposition 

 of the local officials to use the most extreme and technical reasons 

 for interference with vessels not engaged in or intended for inshore 

 fishing on that coast. 



The report received by me yesterday evening alleges such action in 

 relation to the vessel mentioned as renders it difficult to imagine it 

 to be that orderly proceeding and " due process of law," so well 

 known and customarily experienced in Great Britain and the United 

 States, and which dignifies the two Governments, and gives to pri- 

 vate rights of property and the liberty of the individual their essen- 

 tial safeguards. 



By the information thus derived it would appear that after four 

 several and distinct visitations by boats' crews from the " Lans- 

 downe " in Annapolis Basin, Nova Scotia, the " David J. Adams " 

 was summarily taken into custody by the Canadian steamer " Lans- 

 downe " and carried out of the Province of Nova Scotia across the 

 Bay of Fundy and into the port of St. John, New Brunswick, and, 

 without explanation or hearing, on the following Monday, 10th May, 

 taken back again by an armed crew to Digby in Nova Scotia. That 

 in Digby the paper alleged to be the legal precept for the capture 

 and detention of the vessel was nailed to her mast in such manner as 

 to prevent its contents being read, and the request of the cap- 

 303 tain of the " David J. Adams " and of the U. S. Consul General 

 to be allowed to detach the writ from the mast for the purpose 

 of learning its contents was positively refused by the Provincial 

 officials in charge. Nor was the U. S. Consul General able to learn 

 from the commander of the " Lansdowne " the nature of the com- 

 plaint against the vessel, and his respectful application to that effect 

 was fruitless. 



In so extraordinary, confused and irresponsible a condition of 

 affairs, it is not possible to ascertain with that accuracy which is 

 needful in matters of such grave importance the precise grounds for 

 this harsh and peremptory arrest and detention, of a vessel the prop- 

 erty of citizens of a nation with whom relations of peace and amity 

 were supposed to exist. 



From the best information, however., which the U. S. Consul Gen- 

 eral was enabled to obtain after application to the prosecuting offi- 



