770 CORRESPONDENCE, ETC. 



and care should be commensurate with the magnitude and national 

 importance of the interests involved. And I should fail in my duty if 

 I did not endeavor to impress you with my sense of the absolute and 

 instant necessity that now exists for a restriction of the seizure of 

 American vessels charged with violations of the treaty of 1818 to the 

 conditions announced by Sir Edward Thornton to this Government 

 in June, 1870. 



The charges of violating the local laws and commercial regulations 

 of the ports of the British Provinces (to which I am desirous that due 

 and full observance should be paid by citizens of the United States) , 

 I do not consider in this note, and I will only take this occasion to ask 

 you to give me full information of the official action of the Canadian 

 authorities in this regard, and what laws and regulations having the 

 force of law, in relation to the protection of their inshore fisheries and 

 preventing encroachments thereon, are now held by them to be in 

 force. 



But I trust you will join with me in realizing the urgent and essen- 

 tial importance of restricting all arrests of American fishing vessels 

 for supposed or alleged violations of the convention of 1818 within 

 the limitations and conditions laid down by the authorities of Great 

 Britain in 1870, to wit : That no vessel shall be seized unless it is evi- 

 dent and can be clearly proved that the offense of fishing has been com- 

 mitted and the vessel itself captured within three miles of land. 



In regard to the necessity for the instant imposition of such restric- 

 tions upon the arrest of vessels, you will, I believe, agree with me, and 

 I will therefore ask you to procure such steps to be taken as shall 

 cause such orders to be forthwith put in force under the authority of 

 Her Majesty's Government. 



I have, &c., T. F. BAYARD. 



Mr. Bayard to Sir L. West. 



DEPARTMENT or STATE, 



Washington, May 22, 1886. 



MY DEAR SIR LIONEL: I have telegraphed to-day to Mr. Phelps, 

 urging the advantage and need of my coming to some immediate 

 understanding with you expressive of the views of the two parties 

 to the treaty. 



My conviction strengthens as to the importance of having a stop 

 put at once to vexatious interpretations and action by local authori- 

 ties, which can only hinder an amicable accord, and I have asked that 

 these seizures be suspended without prejudice to the legal results 

 pending an authoritative treatment of the main question. 



It surely cannot be the purpose of the provincial authorities to 

 embarrass the two Governments, by whom alone the issues are cogni- 

 zable. A frank and friendly spirit has been exhibited by both Gov- 

 ernments in abstaining from any demonstration of naval force in the 

 provincial waters, and it is desirable that this should be continued, as 

 it will add to the moral impressiveness of any settlement we may 

 arrive at. 



Very faithfully yours, T. F. BAYARD. 



