590 APPENDIX TO BRITISH CASE. 



fishing vessels when entering Canadian ports under pretext of their 

 Treaty privileges. 



That under these circumstances a compliance with the Customs 

 Act, involving only the report of a vessel, cannot be held to be a 

 hardship or an unfriendly proceeding. 



The Minister, in view of the repeated groundless complaints of 

 being harshly treated that have been made during the present season 

 by the Captains of United States' fishing vessels, and in almost every 

 instance traceable to a refusal or neglect to observe the Customs regu- 

 lations which it is proper to state are enforced upon other vessels as 

 well as those of the United States, submits herewith, a letter written 

 by Captain Blake of the United States' fishing schooner "Andrew 

 Burnham," which appear in the Boston (Mass.) Herald, of the 7th 

 instant," and also the editorial comment thereon, 6 made in a subse- 

 quent issue of the paper referred to. 



The Minister believes that the statements made by Captain Blake 

 are strictly accurate, and as applied to other vessels are substan- 

 tiated by the weekly boarding reports received by the Fisheries De- 

 partment from the different Captains engaged in the Fisheries Pro- 

 tection Service. He, the Minister, therefore, respectfully submits 

 that the reflection of Mr. Secretary Bayard characterising the treat- 

 ment extended to the Captain of the "Rattler" as unwarrantable and 

 unfriendly is not merited in view of the facts as stated by Captain 

 Quigley and Collector Atwood. 



The Committee concur in the report of the Acting Minister of 

 Marine and Fisheries, and advise that your Excellency be moved to 

 transmit a copy of this Minute, if approved, to the Right Honourable 

 Her Majesty's Principal Secretary of State for the Colonies. 



All which is respectfully submitted for your Excellency's approval. 



(Sd.) JOHN J. McGEE, 



Clerk, Privy Council, Canada. 



No. 219. 1886, November 6: Letter from Mr. Bayard to Mr. Phelps. 



DEPARTMENT OF STATE, 

 Washington, November 6, 1886. 



SIR: On October 7, 1886, the United States' fishing vessel, the 

 Marion Grimes, of Gloucester, Mass., Alexander Landry, a citizen 

 of the United States, being her captain, arrived shortly before mid- 

 night, under stress of weather, at the outer harbor of Shelburne, 

 Nova Scotia. The night was stormy, with a strong head-wind 

 against her, and her sole object was temporary shelter. She 

 remained at the spot where she anchored, which was about seven 

 miles from the port of Shelburne, no one leaving her until 6 o'clock 

 the next morning, when she hoisted sail in order to put to sea. She 

 had scarcely started, however, before she was arrested and boarded 

 by a boat's crew from the Canadian cruiser Terror. Captain Landry 

 was compelled to proceed to Shelburne, about seven miles distant, 

 to report to the collector. When the report was made Captain 

 Landry was informed that he was fined $400 for not reporting on the 



Document No. 214. 6 Document No. 215. 



