576 APPENDIX TO BRITISH CASE. 



344 Against this treatment I make instant and formal protest, as an un- 

 warranted interpretation and application of the Treaty, by the officers of 

 the Dominion of Canada and the Province of Nova Scotia, as an infraction of 

 the laws of commercial and maritime intercourse, existing between the two 

 countries, and as a violation of hospitality, and for any loss or injury resulting 

 therefrom the Government of Her Britannic Majesty will be held liable. 



With reference to this, the undersigned begs to observe that Mr. 

 Bayard's statement appears to need modification in several impor- 

 tant particulars. In the first place, the " Novelty " was not a vessel 

 regularly trading between certain ports in the United States and 

 Canada, but was a fishing vessel, whose purpose was to carry on the 

 mackerel seining business in the waters of the Gulf of St. Lawrence, 

 around the coast of Prince Edward Island and Nova Scotia ; that 

 she had on board a full equipment of seines and fishing apparatus 

 and men; that she was a steam vessel and needed coal, not for pur- 

 poses of cooking or warming, but to produce motive power for the 

 vessel, and that she wished to pursue her business of fishing in the 

 above-named waters, and to send her fares home over Canadian 

 Territory, to the end that she might the more uninterruptedly and 

 profitably carry on her business of fishing. That she was a fishing 

 vessel and not a merchant vessel, is proved not only by the facts 

 above-mentioned, but also from a telegram over the signature of 

 H. B. Joyce, the Captain of the vessel, a copy of which is appended. 

 In his telegram, Captain Joyce indicates the character of his vessel 

 by using the words "American fishing steamer," and he signs him- 

 self "H. B. Joyce, Master fishing steamer, 'Novelty.'" 



There seems, no doubt therefore, that the " Novelty " was in char- 

 acter, and in purpose, a fishing vessel, and as such comes under the 

 provision of the Treaty of 1818, which allows United States fishing 

 vessels to enter Canadian ports " for the purpose of shelter and re- 

 pairing damages therein, and of purchasing wood and of obtaining 

 water, and for no other purpose whatever." 



The object of the Captain was to obtain supplies for the prosecu- 

 tion of his fishing, and to tranship his cargoes of fish at a Canadian 

 port, both of which are contrary to the letter and spirit of the Con- 

 vention of 1818. 



To Mr. Bayard's statement, that in reply to Captain Joyce's in- 

 quiry of the Minister of Marine and Fisheries, he received in reply 

 a telegram reciting with certain inaccurate and extended applica- 

 tion, the language of Art. I of the Treaty of 1818, the undersigned 

 considers it a sufficient answer to adduce the telegrams themselves. 



1st. Enquiry by the Captain of the " Novelty " : 



Hon. George E. Foster, Minister of Marine and Fisheries, Ottawa. 



PICTOU, N. S., 1st July, 1886. 



Will the American fishing steamer now at Pictou be permitted to 

 purchase coal or ice. or to tranship fresh fish, in bond, to the United 

 States' markets? Please answer. 



(Sd.) H. B. JOYCE, 



Master of Fishing Steamer "Novelty" 



