DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 721 



there are some matters which can not be confined within fixed terms 

 without limiting the rights of one party or the other to an extent to 

 which neither could be expected to submit. Among these is that dis- 

 cretion which must be exercised on the one side by the " skipper " 

 who runs in for shelter in deciding whether or not it is prudent to 

 put to sea, and on the other side by the revenue authorities in deter- 

 mining whether or not the vessel is hovering or loitering unlawfully 

 Avithin the waters of Canada. Such matters must in the main be 

 disposed of satisfactorily by the practical operation of what is ex- 

 pressed and by the limitation imposed in the article which will 

 immediately be considered. 



The treaty next seeks to alleviate the hardships of the legal pro- 

 ceedings which various statutes of the province and the Dominion 

 have imposed on foreign vessels. These statutes extended to fishing 

 vessels systems of procedure which are with less injustice applied to 

 merchantmen. The latter come voluntarily into port, and are ordi- 

 narily furnished either with credit or cash through their consignees, 

 enabling them to protect themselves in case of litigation. Fishing ves- 

 sels, however, especially those putting into strange waters merely for 

 shelter, have no such aids and frequently have with them very little 

 cash; and the result has been that the forms of proceedings, which 

 might not be burdensome for merchantmen, have, with reference to 

 fishing vessels, obstructed the course of justice. Through the inter- 

 vention of counsel employed by the Secretary of State for observing 

 the trials of the David J. Adams and the Ella 3f. Doughty, there have 



been received practical lessons in the difficulties surrounding 

 432 fishing vessels under the statutes and proceedings of the courts 



of the Dominion. As already explained, these had been al- 

 lowed to thrive so long without any successful effort on the part of 

 the United States to prevent their growth, that they had become too 

 deeply rooted in the general mass of Canadian legislation to permit 

 their being entirely drawn out. It is believed, however, that so far 

 as this article may fail to remove all these difficulties detail by detail, 

 its limitation of penalties, except for illegal fishing or preparation 

 therefor, will do very much to prevent injustice under any circum- 

 stances; while as to vessels poaching, it is for the interest of each 

 Government that they shall be restrained by severe punishments. 



To follow out the matter more in detail : A fishing vessel is seized 

 in the Bay of St. Ann's, or up in the Gulf of St. Lawrence. Under 

 existing statutes, first of all, and before she can claim a trial or take 

 testimony or other steps towards a trial, she is required to furnish 

 security for costs not exceeding $240. The practical experience is 

 that fishing vessels taken into strange ports are rarely provided with 

 funds or credit, and therefore they are compelled to communicate 

 with their owners for assistance, and by reason of the consequent 

 delay are unable to take even the 'preliminary steps before the shares- 

 men scatter and the witnesses are lost; because sharesmen, not being 

 ordinarily on wages, can not be held to a vessel moored to a pier. 

 This provision of the Canadian law is not singular; in our own 

 admiralty courts no person can ordinarily claim a fishing vessel, or 

 whatever vessel she may be. without furnishing like security. Under 

 the treaty this disappears; arid in practice this relief w r ill be found to 

 be of great benefit to our fishermen. 

 02000 S. Doc. 870. 01-3, vol 4 56 



