DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 627 



Secretary Bayard, bearing date 19th October, and referring to the 

 cases of the schooners " Everitt Steele " and " Pearl Nelson." 



The Minister of Marine and Fisheries to whom the despatch and 

 enclosures were referred, reports that in reply to a telegram from the 

 Secretary of State for the Colonies, an Order in Council, passed on 

 the 18th November last, containing a full statement of facts regarding 

 the detention of the above-named vessels, was transmitted to Mr. 

 Stanhope. It will not, therefore, be necessary to repeat this state- 

 ment in the present report. 



The Minister observes, in the first place, that the two fishing 

 schooners, the "Everitt Steele" and "Pearl Nelson" were not de- 

 tained for any alleged contravention of the Treaty of 1818, or the 

 Fishery Laws of Canada, but solely for violation of the Custom's 

 Law. By this law all vessels of whatever character are required to 

 report to the Collector of Customs immediately upon entering port; 

 and are not to break bulk or land crew or cargo before this is done. 



The Minister states that the captain of the " Everitt Steele " had, 

 on a previous voyage, entered the port of Shelburne on the 25th 

 March, 1886, and after remaining for eight hours had put to sea again 

 without reporting to the Customs. For this previous offence, he 

 was, upon entering Shelburne Harbor on the 10th September last, 

 detained, and the facts were reported to the Minister of Cus- 

 374 toms at Ottawa. With these facts was coupled the captain's 

 statement that on the occasion of the previous offence he had 

 been misled by the Deputy Harbor Master, from whom he understood 

 that he would not be obliged to report unless he remained in harbor 

 for twenty-four hours. The Minister accepted the statement in 

 excuse as satisfactory, and the " Everitt Steele " was allowed to pro- 

 ceed on her voyage. 



The Customs Law had been violated. The captain of the " Everitt 

 Steele" had admitted the violation, and for this the usual penalty 

 could have been legally enforced. It was, however, not enforced, 

 and no detention of the vessel occurred beyond the time necessary to 

 report the facts to headquarters and obtain the decision of the 

 Minister. 



The Minister submits that he cannot discern in this transaction any 

 attempt to interfere with the privileges of United States' fishing 

 vessels in Canadian waters or any sufficient cause for the protest or 

 Mr. Bayard. 



The Minister states that, in the case of the " Pearl Nelson," no 

 question was raised as to her being a fishing vessel, or her enjoyment 

 of any privileges guaranteed by the Treaty of 1818. Her captain was 

 charged with a violation of the Custom's Law and of that alone, by 

 having, on the day before reporting to the Collector of Customs at 

 Arichat, landed ten of his crew. 



This he admitted upon oath. When the facts were reported to 

 the Minister of Customs he ordered that the vessel might proceed 

 upon depositing $200.00 pending a fuller examination. This was 

 done, and the fuller examination resulted in establishing the viola- 

 tion of the law, and in finding that the penalty was legally enforce- 

 able. The Minister, however, in consideration of the alleged igno- 

 rance of the captain as to what constituted an infraction of the law, 

 ordered the deposit to be returned. 



