DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 625 



books and enforces a law similar to the foregoing, but because she 

 refuses to permit American deep sea fishing vessels, navigating and 

 using the ocean, to enter her ports for the ordinary purposes of trade 

 and commerce, even though they have never attempted to fish within 

 the territorial limits of Canada, and intend obedience to every re- 

 quirement of the customs laws, and of every other law of the port 

 which such vessels seek to enter. American fishing-vessels duly 

 authenticated by this department, and having a permit "to touch 

 and trade," should be permitted to visit Canadian ports, and buy sup- 

 plies, and enjoy ordinary commercial privileges, unless such a right 

 is withheld in our ports from Canadian vessels. That right is denied 

 by the Privy Council and the Governor General of the Canadian 

 Dominion, upon the ground that it would be in effect a pro tanto 

 abrogation of the treaty of 1818. That contention is an error, in the 

 opinion of this department, because the treaty of 1818 has no appli- 

 cation to the subject matter. If the right claimed by this department 

 for American vessels authenticated by this department were con- 

 ceded by Canada, it would only apply to a few ports established by 

 law for the entry of foreign vessels, and would merely enable United 

 States' fishing vessels to pursue their regular business after entry into 

 or departure from such ports, under the same rules and regulations 

 as are applied to the commercial vessels of other nations. We ask 

 that American fishing-vessels shall enjoy hospitality in such Cana- 

 dian ports as are set apart for the entry of foreign vessels, for the 

 unlading and shipment of merchandise, and generally for foreign 

 commerce. 



This department has had occasion in the past, and may be com- 

 pelled in the future, to seize and prosecute to forfeiture foreign as 

 well as domestic vessels violating in our own ports, the customs law, 

 but I believe there never has been in the past, and I hope there never 

 will be in the future, such passionate spite displayed by the officers 

 of this Government, as has during the last summer been exhibited 

 in the Dominion of Canada toward well meaning American fisher- 

 men. Congress has forbidden the head of this department to prose- 

 cute even for evasion of tariff law unless satisfied of " an actual 

 intention to defraud." 



TONNAGE OF VESSELS ENGAGED IN AMERICAN FISHERIES, ^ND THE NA- 

 TIONALITIES OF THE FISHERMEN. 



During the periods of the enquiry made of me by the House, the 

 tonnage of American fishing-vessels of over twenty tons burden, other 



than whalers, will be seen in Appendix D. 

 373 That tonnage reached its maximum 203,459 in 1862, and 



during the subsequent seven years diminished by more than 

 70 per cent. The lowest number of tons was touched in the middle 

 of the period between the expiration of the reciprocity treaty of 1854 

 and the conclusion of the treaty of Washington of 1871. The falling 

 off is perhaps to be attributed in great part to the repeal in 1866 of 

 the laws allowing bounties to the vessels engaged in the fisheries. 

 By the law of 1813 there was paid by the collector of the district 

 where such vessels belonged, to the owner thereof, if the vessel had 

 been employed at sea, in fishing for the term of four months, and for 

 92909 S. Doc. 870, 61-3, vol 4 50 



