552 APPENDIX TO BRITISH CASE. 



No. 205. 1886, July 10 : Letter from Mr. Bayard United States Sec- 

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



DEPARTMENT or STATE, 

 Washington, 10th July, 1866. 



SIR, On the 2nd of June last, I had the honour to inform you that 

 despatches from Eastport, in Maine, had been received, reporting 

 threats by the Customs officials of the Dominion to seize American 

 boats coming into those waters to purchase herring from the Cana- 

 dian weirs for the purpose of canning the same as sardines, which 

 would be a manifest infraction of the right of purchase and sale of 

 herring caught and sold by Canadians in their own waters in the 

 pursuance of legitimate trade. 



To this note I have not had the honour of a reply. 

 To-day Mr. C. A. Boutwell, M. P., [M. C.] from Maine, informs 

 me that American boats visiting St. Andrews, N. B., for the purpose 

 of there purchasing herring from the Canadian weirs for canning 

 had been driven away by the Dominion cruiser " Middleton." 



Such inhibition of usual and legitimate commercial contracts and 

 intercourse is assuredly without warrant of law, and I draw your 

 attention to it in order that the commercial rights of citizens of the 

 United States may not be thus invaded and subjected to unfriendly 

 discrimination. 

 I am, &c., 



(Sd.) T. F. BAYARD. 



The Hon. SIR L. S. WEST, K.C.M.G. 



&c., &c., &c. 



330 No. 206. 1886. July 16: Letter from Mr. Bayard (United 

 States Secretary of State} to Hon. C. Hardinge (British 

 Charge d? Affaires at Washington). 



WASHINGTON, 16th July, 1886. 



SIR, I have just received through the Hon. C. A. Boutelle, M. C., 

 the affidavit of Stephen R. Balkan, alleging his expulsion from the 

 harbour of St. Andrews, N. B., by Captain Kent of the Dominion 

 cruiser " Middleton," and the refusal to permit him to purchase fish, 

 caught and sold by Canadians, for the purpose of canning as sardines. 



The action of Captain Kent seems to be a gross violation of ordi- 

 nary commercial privileges against an American citizen, proposing to 

 transact his customary and lawful trade and not prepared, or intend- 

 ing, in any way to fish or violate any local law, or regulation, or 

 treaty stipulation. 



I trust instant instructions to prevent the recurrence of such un- 

 friendly treatment of American citizens may be given to the offend- 

 ing officials at St. Andrew's and reparation be made to Mr. Balkam. 

 I have, &c., 



(Sd.) T. F. BAYARD. 



The Hon. C. HARDINGE. 



