PERIOD FROM 1871 TO 1888. 199 



My advisers are, in regard to such matters, fully prepared to 

 recognize that a (hfTerence should be made between the treatment of 

 vessels bona fide entering a Canadian harbor for shelter or repair, or 

 to obtain wood and water, and that of other vessels of the same class 

 entering such harbors ostensibly for a lawful puipose, but really with 

 the intention of breaking the law.*^ 



The penultimate paragraph of the report of the Privy Council to 

 which he makes reference, is as follows : 



The minister, however, while assured that the vessel in question 

 suffered no deprivation of or interference with its rights as defined 

 by the convention of 1818, is of opinion that, in pursuance of the 

 spirit of uniform kindly interpretation of the law, which it has been 

 the constant aim of the government of Canada to exemplify in its 

 dealings with United States fishermen, it is possible for the officers in 

 charge of the cruisers to efficiently guard the rights of Canadian citi- 

 zens and enforce the provisions of the law without in such cases as 

 the above finding it necessary to place an armed guard on board the 

 fisliing vessel, or preventing what may be deemed reasonable com- 

 munication with the shore. 



The committee, concurring, in the report of the minister of marine 

 and fisheries, recommend that your excellency be moved to transmit 

 a copy of this minute to the right honorable the secretary of state for 

 the colonies for the purpose of communication to the Government of 

 the United States.^ 



Following the adoption of this report, the Canadian Minister of 

 Marine and Fisheries issued, under date of April 16, 1887, some special 

 instructions to fisheries officers in command of fisheries protection 

 vessels, from which instructions the following extract is taken: 



I have every reason for believing that these have been executed 

 with efficiency and firmness, as well as with discretion, and a due 

 regard to the rights secured by Treaty to foreign fishing vessels 

 resorting to Canadian waters. 



I desire, however, to impress upon you that, in carrying out these 

 instructions and protecting Canadian inshore fisheries, you should be 

 most careful not to strain the interpretation of the law in the direction 

 of interference with the rights and privileges remaining to United 

 States' fishermen in Canadian waters under the Convention of 1818. 

 To this end, the largest liberty compatible \\\i\\ the full protection of 

 Canadian interests is to be granted United States' fishing vessels in 

 obtaining in our waters, shelter, repairs, wood and water. Care 

 should be taken that while availing themselves of these privileges, 

 such vessels do not engage in any illegal practices, and all proper super- 

 vision necessary to accomplish this object is to be exercised, but it is 

 not deemed necessary that in order to effect this an armed guard 

 should be placed on board, or that any reasonable communication 

 with the shore should be prohibited, after the vessel has duly entered, 

 unless sufficient reasons appear for the exercise of such precautions. 



In places where United States' fishing vessels are accustomed to 

 come mto Canadian waters for shelter only, the Captain of the Cruiser 



aAppendix, p. 934. J> Appendix, p. 935. 



92909-— S. Doc. 870, 61-3, vol 1 21 



