DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 611 



ing down the United States flag. I have transmitted a copy of this 

 despatch to Her Majesty's Minister at Washington, with instructions 

 to communicate it to Mr. Bayard, and I beg leave now to enclose a 

 copy of it for your information. 



Her Majesty's Government cannot doubt that, as respects the inci- 

 dent of the flag, the apology thus spontaneously tendered by the 

 Canadian Government will be accepted by the United States Govern- 

 ment in the friendly and conciliator}^ disposition in which it is 

 offered, whilst as regards the other statements concerning Captain 

 Quigley's conduct, Her Majesiy's Government do not at present feel 

 themselves in a position to express any opinion. 



The Dominion Government have been requested to furnish a full 

 report on the various circumstances alleged, and when this is re- 

 ceived I shall have the honour to address a further communication to 

 you upon the subject. 



As concerns the case of the Julia Ellen and Shiloh, it will probably 

 suffice to communicate to you the enclosed copies of reports from 

 the Canadian Government relative to these two vessels. 



These reports have already been sent to Her Majesty's Minister at 

 Washington for communication to Mr. Bayard. 



The protest made by the United States Government in the case of 

 the Everett Steele was not received in this country until the 1st 

 ultimo; and although the Canadian Government have been requested 

 by telegraph to furnish a report upon the circumstances alleged, 

 sufficient time has not yet elapsed to enable Her Majesty's Govern- 

 ment to be in possession of the facts as reported by the Dominion 

 Government. 



Her Majesty's Government greatly regret that incidents of the de- 

 scription alluded to should occur, and they can only renew the 

 assurance conveyed to you in my note of the 30th ultimo, that whilst 

 firmly resolved to uphold the undoubted Treaty rights of Her Maj- 

 esty's North American subjects in regard to the fisheries, they will 

 also equally maintain the undoubted pights of United States fisher- 

 men to obtain shelter in Canadian ports, under such restrictions as 

 may be necessary to prevent their abusing the privileges reserved to 

 them by treaty. 



I notice that in Mr. Bayard's note to you of the 6th ultimo, concern- 

 ing the case of the Marion Grimes, and also in his note to Sir L. West 

 of the 19th October last relative to the case of the Everett Steele, 

 an old discussion is revived which Her Majesty's Government had 

 hoped was finally disposed of by the correspondence which took place 

 on the subject in 1815 and 1816. 



I allude to the argument that a right to the common enjoyment of 

 the fisheries by Great Britain and the United States, after the 

 365 separation of the latter from the mother country, was recog- 

 nized by the Treaty of 1783, although the exercise of that 

 right was made subject to certain restrictions. 



I refer to this point merely to observe that the views of Her Maj- 

 esty's Government in relation to it have not been modified in any way 

 since the date of Lord Bathurst's note of the 30th of October, 1815, 

 to Mr. John Quincy Adams. 



I have, &c. IDDESLEIGH. 



