PERIOD FROM 1871 TO 1888. 197 



has been construed to exclude them from all other intercourse com- 

 mon to civiHzed life and to universal maritime usage among nations 

 not at war, as well as from the right to touch and trade accorded 

 to all other vessels. 



And qidte aside from any question arising upon construction of the 

 treaty, the provisions of the custom-house acts and regulations have 

 been systematically enforced against American ships for alleged petty 

 and technical violations of legal requirements in a manner so unrea- 

 sonable, unfriendly, and unjust as to render the privileges accorded 

 by the treaty practically nugatory. 



It is not for a moment contended by the United States Govern- 

 ment that American vessels should be exempt from those reasonable 

 port or custom-house regulations which are in force in countries 

 which such vessels have occasion to visit. If they choose to violate 

 such requirements, their Government will not attempt to screen them 

 from the just legal consequences.'^ 



It appears, therefore, that no objection was raised b}^ the United 

 States to the imposition of harbor dues or the requirement of cus- 

 toms entry in the case of American vessels permitted to enjoy com- 

 mercial privileges on these coasts, and that the objection on the 

 part of the United States was directed particularly to the imposition 

 of such conditions and exactions upon American fishing vessels exer- 

 cising their treaty right of entering the bays and harbors on these 

 coasts for the purposes specified in the treaty, when at the same time 

 such vessels were not permitted to enjoy commercial privileges. 

 The position of the Canadian Government on the other hand will 

 appear from the following extracts from two reports of the Canadian 

 Privy Council, approved respectively on January 15, and March 31, 

 1887: 



United States fishing vessels are cheerfull\^ accorded the right to 

 enter Canadian ports for the purpose of obtaining shelter, repairs, 

 and procuring wood and water; but in exercising this right they are 

 not, and can not be, independent of the customs lav/s. They have 

 the right to enter for the purposes set forth, but there is only one 

 legal way in which to enter, and that is by conformity to the customs 

 regulations.^ 



With reference to Mr. Bayard's reiteration of Captain Jacobs's 

 complaint that in difi"erent harbors he was obliged to pay a different 

 scale of dues, the minister of marine submits that in Canada there are 

 distinct classes of harbors. Some are under the control of a commis- 

 sion appointed wholly or in part by the Government, under whose 

 management improvements are made and which regulates, subject to 



o Appendix, p. 899. ^Appendix, p. 919. 



