DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 693 



der the wording of the Article, by "the officer in command of one 

 of the said national vessels in conjunction with the officer in command 

 of another of said vessels of the different nationality." The assump- 

 tion that both vessels will always be available simultaneously when a 

 case of seizure has been reported, supposes a complete agreement be- 

 tween the two Governments as to the instructions under which their 

 respective vessels would act, and also between the two commanding 

 officers as to the directions in which they would cruise. Even, how- 

 ever, if it were to be assumed that the two vessels would be insepara- 

 ble, it is, I think, obvious that it would repeatedly happen that many 

 days would elapse before the officer of the Canadian police vessel by 

 .which the seizure had been made was able to report his seizure to one 

 of the " national vessels," or to obtain a hearing of the case by the 

 officers of both those vessels. The seizure might have taken place 

 shortly after the "national vessels" had passed the spot at which it 

 was made on their way round the coast. It might be impossible 

 to obtain a hearing of the case or even to report it until the trip of 

 the two vessels had been completed. It might again happen that, 

 while the hearing and examination of the case was proceeding in one 

 locality, other seizures might be simultaneously made at different and 

 distant points. In all such cases the vessel by which the seizure had 

 been made would be compelled to detain her prize for an indefinite 

 time thereby occasioning prolonged delay and much hardship and in- 

 convenience to the owners and crew of the seized vessel. In almost 

 every case of seizure or detention which has hitherto occurred the 

 facts have, as I have already pointed out, been reported immediately 

 by telegram to the Department of Marine and Fisheries, which has 

 been able often within the course of a few hours, to deal expeditiously 

 with the matter. The new arrangement suggested by Mr. Bayard 

 would beyond all doubt, in many cases operate to the disadvantage 

 of those whom it is designed to protect, while it is not improbable 

 that in cases where a vessel had been detained under circumstances 

 such as those which I have described, and where the charge was sub- 

 sequently not sustained, heavy claims for damages would be preferred 

 against the Canadian Government. The force of the above objections 

 becomes more apparent when it is taken, into consideration that the 

 length of the coast line along which the " national vessels " would be 



required to operate, extends to about 3,000 miles, while the 

 413 police vessels by which the seizures are made, being, with two 



exceptions, sailing schooners, would be liable to prolonged 

 detention by adverse weather, and would frequently find the utmost 

 difficulty in placing themselves in communication with the " national 

 cruisers." The same difficulty would be experienced in an even 

 greater degree whenever the seizure of the vessel had taken place in 

 port by an officer on shore. 



5. In the event of Article III being adopted in any shape it would 

 be necessary in line 2. after the date, "1818," to insert the words " and 

 the laws in force for giving effect to the same." If such words were 

 not to be inserted it is probable that the Government of the United 

 States would refuse, a.s it has already, to admit the validity of the 

 Acts of Parliament which have at different times been passed both in 

 the United Kingdom and in Canada for the purpose of enforcing: the 



r* ,. i. i. to 



Convention. 



