DESPATCHES, BEPOBTS, COBBESPONDENCE, ETC. 671 



act of human intercourse, except only the four purposes named in 

 the Treaty shelter, repairs, wood, and water. 



Under the provisions of the recent Act, therefore, and the Cana- 

 dian interpretation of the Treaty, any American fishing vessel that 

 may venture into a Canadian harbour, or may have occasion to pass 

 through the very extensive waters thus comprehended, may be seized 

 at the discretion of any one of numerous subordinate officers, carried 

 into port, subjected to search and the examination of her master 

 upon oath, her voyage broken up, and the vessel and cargo confis- 

 cated, if it shall be determined by the local authorities that she has 

 ever even posted or received a letter or landed a passenger in any 

 part of Her Majesty's dominions in America. 



And it is publicly announced in Canada that a larger fleet of 

 cruisers is being prepared by the authorities, and that greater vigi- 

 lance will be exerted on their part in the next fishing season than in 

 the last. 



It is in the Act to which the one above referred to is an amendment 

 that is found the provision to which I drew attention in a note to Lord 

 Iddesleigh of December 2, 1886, by which it is enacted that in case a 

 dispute arises as to whether any seizure has or has not been legally 

 made, the burden of proving the illegality of the seizure shall be 

 upon the owner or claimant. 



In his reply to that note of January 11, 1887, his Lordship intimates 

 that this provision is intended only to impose upon a person claiming 

 a licence the burden of proving it. But a reference to the Act shows 

 that such is by no means the restriction of the enactment. It refers 

 in the broadest and clearest terms to any seizure that is made under 

 the provisions of the Act, which covers the whole subject of protec- 

 tion against illegal fishing; and it applies not only to the proof of a 

 licence to fish, but to all questions of fact whatever, necessary to a 

 determination as to the legality of a seizure or the authority of the 

 person making it. 



It is quite unnecessary to point out what grave embarrassments 

 may arise in the relations between the United States and Great 

 Britain under such administration as is reasonably to be expected of 

 the extraordinary provisions of this Act and its amendment, upon 

 which it is not important at this time further to comment. 



It will be for Her Majesty's Government to determine how far its 

 sanction and support will be given to further proceedings, such as 

 the United States Government have now repeatedly complained of 

 and have just ground to apprehend may be continued by the Cana- 

 dian authorities. 



It was with the earnest desire of obviating the impending difficulty 

 and of preventing collisions and dispute until such time as a perma- 

 nent understanding between the two Governments could be reached, 

 that I suggested, on the part of the United States, in my note to 

 Lord Iddesleigh of September 11, 1886, that an ad interim construc- 

 tion of the terms of the Treaty might be agreed on, to be carried out 

 by instructions to be given on both sides without prejudice to the 

 ultimate claims of either, and terminable at the pleasure of either. 

 In an interview I had the honour to have with his Lordship, in which 

 this suggestion was discussed, I derived the impression that he 

 regarded it with favour. An outline of such an arrangement was 



