PERIOD FROM 1871 TO 1888. 193 



ports within twenty-four hours on penahy of seizure. They were 

 therefore compelled to depart, to break up their voyages, and to 

 return home, to their very great loss. I append copies of the affi- 

 davits of the masters of these vessels, stating the facts. 



Your lordship will observe, upon reference to the treaty, not only 

 that the right to fish in these w^aters is conferred by it, but that the 

 clause prohibiting entry by American fishermen into Canadian ports, 

 except for certain specified purposes, which is relied on by the Cana- 

 dian Government in the cases of the Adams and of some other ves- 

 sels, has no application whatever to the ports from which the Bayard 

 and the Mascot were excluded.'^ 



Lord Iddesleigh replied to Mr. Phelps on November 30, 1886, 

 stating in regard to these cases : 



The privileges manifestly secured to United States fishermen by 

 the convention of 1818 in Newfoundland, Labrador, and the Mag- 

 dalen Islands are not contested by Her Majesty's Government, who, 

 whilst determined to uphold the rights of Her Majesty's North Amer- 

 ican subjects, as defuied in the convention, are no less anxious and 

 resolved to maintain in their full integrity the facilities for prosecut- 

 ing the fishing industry on certain limited portions of the coast w^hich 

 are expressly granted to citizens of the United States. The com- 

 munications on the subject of these two schooners, which I have 

 requested Her Majesty's minister at Washington to address to Mr. 

 Bayard, can not, I think, have failed to afford to your Government 

 satisfactory assurances in this respect.'' 



The communications referred to by Lord Iddesleigh wiU be found 

 in the following extract from Sir Lionel Sackville West's note of 

 September 17, 1886, to ^Ir. Bayard: 



On the arrival of your note in London, Her Majesty's secretary of 

 state for the colonies telegraphed to the officers administering the 

 Governments of Canada and Newfoundland calhng attention to the 

 cases, and explaining that under the treaty of 1818 United States 

 fishermen have the right to fish oft" the coasts of the Magdalen Islands 

 and off certain coasts of Newfoundland, and stating that it was pre- 

 sumed that the customs officials in those places had not been in- 

 structed in the same way as on other parts of the coast. 



On the 25th ultimo the Governments of Canada and Newfound- 

 land were further instructed by dispatches from the colonial office 

 to make full reports on the subject of the complaints in question, and 

 it was recommended tJiat special instructions should he issued to the 

 authorities at these places where the inshore -fishery has been granted 

 hy the convention of 1818 to the United States -fishermen, calling 

 their attention to the provisions of that convention, and warning 

 them that no action contrary thereto may be taken in regard to 

 United States fishing vessels. 



/ may add that information has been received that the warning 

 notices referred to by you were discontinued in the beginning of August.'' 



a Appendix, p. 837. 6 Appendix, p. 870. c Appendix, p. 839. 



