582 APPENDIX TO BEITISH CASE. 



its object. The Mascot made a similar attempt at Port Amherst, in 

 the Magdalen Islands, and also desired to take on board a pilot. Both 

 vessels were refused permission by the authorities to purchase bait, 

 and the Mascot to take a pilot, and were notified to leave the ports 

 within twenty-four hours on penalty of seizure. They were there- 

 fore compelled to depart, to break up their voyages, and to return 

 home, to their very great loss. I append copies of the affidavits of 

 the masters of these vessels, stating the facts. 



Your Lordship will observe, upon reference to the Treaty, not 

 only that the right to fish in these waters is conferred by it, but that 

 the clause prohibiting entry by American fishermen into Canadian 

 ports, except for certain specified purposes, which is relied on by the 

 Canadian Government in the cases of the Adams and of some other 

 vessels, has no application whatever to the ports from which the Bay- 

 ard and the Mascot were excluded. The only prohibition in the 

 Treaty having reference to those ports is against curing and drjnng 

 fish there, without leave of the inhabitants, which the vessels ex- 

 cluded had no intention of doing. The conduct of the provincial 

 officers towards these vessels was therefore not merely unfriendly 

 and injurious, but in clear and plain violation of the terms of the 

 Treaty. And I am instructed to say that reparation for the losses 

 sustained by it to the owners of the vessels will be claimed by the 

 United States' Government on their behalf as soon as the amount 

 can be accurately ascertained. 



It will be observed that interference with American fishing-vessels 

 by Canadian authorities is becoming more and more frequent, and 

 more and more flagrant in its disregard of Treaty obligations 

 and of the principles of comity and friendly intercourse. The for- 

 bearance and moderation of the United States' Government in re- 

 spect to them appear to have been misunderstood, and to have been 

 taken advantage of by the Provincial Government. The course of 

 the United States has been dictated, not only by an anxious desire to 

 preserve friendly relations, but by the full confidence that the inter- 

 position of Her Majesty's Government would be such as to put a 

 stop to the transactions complained of, and to afford reparation for 

 what has already taken place. The subject has become one of grave 

 importance, and I earnestly solicit the immediate attention of your 

 Lordship to the question it involves, and to the views presented in 



my former note, and in those of the Secretary of State. 

 348 The proposal in your Lordship's note that a revision of the 

 Treaty stipulations bearing upon the subject of the fisheries 

 should be attempted by the Government upon the basis of mutual 

 concession is one that under other circumstances would merit and 

 receive serious consideration. Such a revision was desired by the 

 Government of the United States before the present disputes arose, 

 and when there was a reasonable prospect that it might have been 

 carried into effect. Various reasons not within its control now concur 

 to make the present time inopportune for that purpose, and greatly to 

 diminish the hope of a favourable result to such an effort. Xot the 

 least of them is the irritation produced in the United States by the 

 course of the Canadian Government, and the belief thereby engen- 

 dered that a new Treaty is attempted to be forced upon the United 

 States' Government. 



