574 APPENDIX TO BRITISH CASE. 



under existing Statutes, whether Imperial or Colonial, to effect 

 seizures of United States fishing vessels under circumstances such 

 as those which appear to have led to the capture of the David J. 

 Adams, I have to observe that Her Majesty's Government do not 

 feel themselves at present in a position to discuss that question, which 

 is now occupying the attention of the Courts of Law in the Dominion, 

 and which may possibly form the subject of an appeal to the Judicial 

 Committee of Her Majesty's Privy Council in England. 



It is believed that the Courts in Canada will deliver Judgment in 

 the above cases very shortly; and until the legal proceedings now 

 pending have been brought to a conclusion, Her Majesty's Govern- 

 ment do not feel justified in expressing an opinion upon them, either 

 as to the facts or the legality of the action taken by the Colonial 

 authorities. 



I do not, therefore, conceive it to be at present necessary to make 

 any specific reply to Mr. Bayard's further notes of the llth and 12th 

 May and 1st, 2d, and 7th June last. But with regard to his note of 

 the 20th May relative to the seizure of the United States fishing 

 vessel Jennie and Julia, I inclose for communication to Mr. Bayard 

 a copy of a Report from the Canadian Minister of Marine and Fish- 

 eries, dealing with this case. 



I cannot, however, close this dispatch without adding that Her 

 Majesty's Government entirely concur in that passage of the Report 

 of the Canadian Privy Council, in which it is observed that " if the 

 provisions of the Convention of 1818 have become inconvenient to 

 either Contracting Party, the utmost that good-will and fair dealing 

 can suggest is that the terms shall be reconsidered." 



It is assuredly from no fault on the part of Her Majesty's Govern- 

 ment that the question has now been relegated to the terms of the 

 Convention of 1818. They have not ceased to express their anxiety 

 to commence negotiations, and they are now prepared to enter upon 

 a frank and friendly consideration of the whole question with the 

 most earnest desire to arrive at a settlement consonant alike with the 

 rights and interests of Canada and of the United States. 



Where, as in the present case, conflicting interests are 

 343 brought into antagonism by Treaty stipulations the strict 

 interpretation of which has scarcely been called in question, 

 the matter appears to Her Majesty's Government to be pre-eminently 

 one for friendly negotiation. 

 I am. &c. 



No. 211. 1886, August 9: Letter from Mr. Bayard to Mr. Hardinge 

 (British Charge d' Affaires at Washington). 



DEPARTMENT OF STATE, 

 , Washington, 9th August. 1886. 



SIR, I regret that it has become my duty to draw the attention of 

 Her Majesty's Government to the unwarrantable and unfriendly 

 treatment, reported to me this day by the United States' Consul Gen- 

 eral at Halifax, experienced by the American fishing schooner " Rat- 

 tler," of Gloucester, Mass., on the 3rd instant, upon the occasion of 



