518 APPENDIX TO BRITISH CASE. 



the statutes which have been in operation for nearly seventy years, 

 excepting in intervals during which (until put an end to by the 

 United States Government) special and more liberal provisions 

 existed in relation to the commerce and fisheries of the two countries. 



The undersigned has also to call attention to the letter of Mr. 

 Bayard of the 20th instant, likewise addressed to Her Majesty's 

 Minister at Washington, relating also to the seizure of the " David J. 

 Adams " in the Port of Digby, Nova Scotia. That vessel was seized, 

 as has been explained on a previous occasion, by the Commander of 

 the Canadian steamer " Lansdowne," under the following circum- 

 stances. She was a United States fishing vessel, and entered the har- 

 bour of Digby for purposes other than those for which entry is per- 

 mitted by the Treaty and by the Imperial and Canadian Statutes. 

 As soon as practicable legal process was obtained from the Vive-Ad- 

 miralty Court at Halifax, and the vessel was delivered to the officers 

 of that Court. The paper referred to in Mr. Bayard's letter as hav- 

 ing been nailed to her mast, was doubtless a copy of the warrant 

 which commanded the marshal, or his deputy, to make the arrest. 

 The undersigned is informed that there was no intention whatever 

 of so adjusting the paper that its contents could not be read; but 

 it is doubtless correct that the officer of the Court in charge declined 

 to allow the document to be removed. Both the United States Con- 

 sul-General and the Captain of the " David J. Adams " were made 

 acquainted with the reasons for the seizure, and the only ground 

 for the statement, that a respectful application to ascertain the 

 nature of the complaint was fruitless, was that the Commander of 

 the " Lansdowne," after the nature of the complaint had been stated 

 to those concerned and was published, and had become notorious to 

 the people of both countries, declined to give the United States 

 Consul-General a specific and precise statement of the charges upon 

 which the vessel would be proceeded against, but referred him to 

 his superior. 



While it is to be regretted that this should seem to be discourteous, 

 the officer of the " Lansdowne " can hardly be said to have been pur- 

 suing an "extraordinary" course. The legal proceedings had at 

 that time been commenced in the Court of Vice-Admiralty at Hali- 

 fax, where the United States Consul-General resides, and the officer 

 at Digby could not state with precision, as he was called on to do, 

 the grounds on which the intervention of the Court had been claimed 

 in the proceedings therein. There was not in this instance 

 310 the slightest difficulty in the. United States Consul-General, 

 and those interested in the vessel, obtaining the fullest infor- 

 mation; and no information which could have been given by those 

 to whom they applied was withheld. Apart from the general knowl- 

 edge of the offences which it was claimed the master had committed, 

 and which was furnished at the time of the seizure, the most tech- 

 nical and precise details were readily obtainable at the Registry of 

 the Court, and from the Solicitor for the Crown, and would have been 

 furnished immediately on application to the authority to whom the 

 Commander of the " Lansdowne " requested the United States Con- 

 sul-General to apply. No such information could have been obtained 

 from the paper attached to the vessel's mast. Instructions have, 

 however, been give to the Commander of the " Lansdowne " and 



