DESPATCHES, BEPOKTS, CORRESPONDENCE, ETC. ' 577 



2nd. Reply of the Minister of Marine and Fisheries thereto : 

 To H. B. Joyce, Master American Steamer " Novelty" Pictou, N. S. 



OTTAWA, 1st July, 1886. 



By terms of Treaty 1818, United States' fishing vessels are per- 

 mitted to enter Canadian ports for shelter, repairs, wood and water, 

 and for no other purpose whatever. That Treaty is now in force. 



(Sd.) GEO. E. FOSTER, 



Minister of Marine and Fisheries. 

 I 



The undersigned fails to observe wherein any " inaccurate or ex- 

 tended application " of the language of the Treaty can be found in 

 the above answer, inasmuch as it consists of a de facto citation from 

 the Treaty itself with the added statement for the information of the 

 Captain, that said Treaty was at that time in force. As to the " un- 

 warranted interpretation and application of the Treaty," of which 

 Mr. Bayard speaks, the undersigned has already discussed that phase 

 of the question in his memorandum of 14th June, which was adopted 

 by Council, and has been forwarded to Her Majesty's Government. 

 Mr. Bayard's second note is as follows : 



On the 2nd of June last I had the honor 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 Canadian weirs, for the purpose of canning the same as sar- 

 dines, 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 honor of a reply. 



To-day Mr. C. A. Boutelle, 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 



cruizer " Middleton." 



345 Such inhibition of usual and legitimate commercial contracts and 

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

 tion to it, in order that the commercial rights of the citizens of the United 

 States may not be thus invaded and subjected to unfriendly discrimination. 



With reference to the above the undersigned observes that so far 

 as his information goes, no collectors of Customs or captains of 

 cruisers have threatened to " seize American boats coming into Cana- 

 dian waters to purchase herring from Canadian weirs for the pur- 

 pose of canning them as sardines." 



Collectors of Customs have however, in pursuance of their duties 

 under the Customs Law of Canada, compelled American vessels 

 coming to purchase herring to enter and clear in conformity to Cus- 

 toms Law. 



With reference to the action of the Dominion cruiser " Middleton," 

 the undersigned cannot do better than quote from the official report 

 of the Captain of that vessel as to the facts of the case referred to. 

 In his report of date 9th July, 1886, Captain McLean of the " Gen- 

 eral Middleton " says : 



At 9 a. m. made sail and drifted with the tide towards the bay. Seeing a 

 large number of boats of various sizes hovering around the fishing weirs, I 

 ordered the boat in waiting and sent Officer Kent in charge, giving him instruc- 

 tions to row among the boats and see if there were any Americans purchasing 

 fish. On the return of the boat, Chief Officer Kent reported the boats men- 



92909 S. Doc. 870, 61-3, vol 4 47 



