532 APPENDIX TO BRITISH CASE. 



refusal of the Collector of Customs at Digby, N. S., to allow the 

 United States schoon&r "Jennie and Julia ' the right of exercising 

 commercial privileges at the said port, the undersigned has the hon- 

 our to make the following observations : 



It appears the "Jennie and Julia " is a vessel of about 14 tons reg- 

 ister, that she was to all intents and purposes a fishing vessel, and at 

 the time of her entry into the port of Digby had fishing gear and ap- 

 paratus on board, and that the Collector fully satisfied himself of 

 these facts. According to the master's declaration she was there to 

 purchase fresh herring only, and wished to get them direct from the 

 weir fishermen. The Collector acted upon his conviction that she 

 was a fishing vessel and as such debarred by the Treaty of 1818 from 

 entering Canadian ports for purposes of trade. He, therefore, in 

 the exercise of his plain duty, warned her off. 



The Treaty of 1818 is explicit in its terms, and by it United States' 

 fishing vessels are allowed to enter Canadian ports for shelter, re- 

 pairs, wood and water, and " for no other purpose whatever." 



The undersigned is of the opinion that it cannot be successfully 

 contended, that a bona fide fishing vessel can, simply by declaring 

 her intention of purchasing fresh fish for other than baiting pur- 

 poses, evade the provisions of the Treaty of 1818 and obtain privileges 

 not contemplated thereby. If that were admitted, the provision of 

 the Treaty which excludes United States' fishing vessels for all pur- 

 poses but the four above mentioned, would be rendered null and void 

 and the whole United States' fishing fleet be at once lifted out 

 318 of the category of fishing vessels, and allowed free use of Ca- 

 nadian ports for baiting, obtaining supplies and transshipping 

 cargoes. 



It appears to the undersigned that the question as to whether a 

 vessel is a fishing vessel or a legitimate trader or merchant vessel is 

 one of fact, and to be decided by the character of the vessel and the 

 nature of her outfit, and that the class to which she belongs is not to 

 be determined by the simple declaration of her master that he is not at 

 any given time acting in the character of a fisherman. 



At the same time, the undersigned begs again to observe that Can- 

 ada has no desire to interrupt the long-established and legitimate 

 commercial intercourse with the United States, but rather to encour- 

 age and maintain it, and that Canadian ports are at present open to 

 the whole merchant navy of the United States on the same liberal 

 conditions as heretofore accorded. 



The whole respectfully submitted, 



(Sd.) GEO. E. FOSTER, 



Minister of Marine and Fisheries. 



No. 198. 1886, June 7: Letter from Mr. Bayard (United States Sec- 

 retary of State) to Sir L. S. S. West (British Minister). 



DEPARTMENT OF STATE, 



Washington, June 7, 1886. 



SIR: I regret exceedingly to communicate that report is to-day 

 made to me, accompanied by affidavit, of the refusal of the Collector 

 of Customs of the port of St. Andrews. Xew Brunswick, to allow 



