DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 533 



the Master of the American schooner, Annie M. Jordan, of Glouces- 

 ter, Mass., to enter the said vessel at that port, although properly 

 documented as a fishing vessel with permission to touch and trade 

 at any foreign port or place during her voyage. 



The object of such entry was explained by the Master to be the 

 purchase and exportation of " certain merchandize " (possibly fresh 

 fish for food, or bait for deep-sea fishing). 



The vessel was threatened with seizure by the Canadian authori- 

 ties, and her owners allege that they have sustained damage from this 

 refusal of commercial rights. 



I earnestly protest against this unwarranted withholding of lawful 

 commercial privileges from an American vessel and her owners, and 

 for the loss and damage consequent thereon the Government of Great 

 Britain will be held liable. 



I have, &c., T. F. BAYARD. 



No. 199. 1886, June 8: Letter from the Marquis of Lansdowne 

 (Governor-General of Canada], to Earl Granville. 



QUEBEC, 8th June, 1886. 



MY LORD, In reference to your Lordship's telegrams of the 3rd 

 and 4th inst., in which vou have called the attention of my Govern- 

 ment to the Customs circular No. 371 and to the " Warning " en- 

 closed therein, I think it desirable to make the following observa- 

 tions in explanation of the telegraphic replies which I have addressed 

 to your Lordship. 



In your telegram of the 4th inst., your Lordship pointed out that 

 the terms of the concluding paragraph of the " Warning " in ques- 

 tion had the effect of excluding not only vessels belonging to the 

 United States but all foreign vessels from Canadian bays and har- 

 bours, and you observed that this was probably not intentional as 

 nothing in the act recited would justify such an exclusion. 



I have ascertained that the " Warning," as originally issued from 

 the Department of Fisheries after reciting the 1st article of the Con- 

 vention of 1818, and sections 2, 3, and 4 of the Canadian Act of 18G8, 

 respecting fishing by foreign vessels, contained the following para- 

 graph: 



Therefore be it known, that by virtue of the Treaty provis'ons and Act of 

 Parliament above recited, all foreign vessels or boats are forbidden from fishing 

 or taking fish by any means whatever within three marine miles of any of the 

 coasts, bays, creeks and harbours in Canada, or to enter such bays, harbours 

 and creeks except for the purpose of shelter and of repairing damages therein, 

 of purchasing wood and obtaining water, and for no other purposes whatever; 

 of all of which you will take . otice and govern yourself accordingly. 



The passage quoted would, as your Lordship has pointed out, have 

 affected all foreign vessels, whether belonging to the United States 

 or not. The mistake was however, detected and the " Warning " 

 issued in a revised form from which the paragraph which I 

 319 have quoted was omitted and replaced by the words " of all 

 of which you will take notice and govern yourself accord- 

 ingly." 



I enclose herewith copies of the Warning in its original and in its 

 amended form. It is possible that your Lordshir or the American 



