PERIOD FEOM 1871 TO 1905. 807 



incurred by the vessels and their owners in the cases referred to in 

 this instruction will be claimed on behalf of the sufferers, so soon as 

 the amount is accurately ascertained. 



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



[In closure No. 1.] 



Sworn statement of James McDonald, master of the Thomas F. Bay- 

 ard, dated July $8, 1886, with accompanying notice served on him 

 by N. N. Taylor, officer of customs, dated July 12, 1886. 



UNITED STATES or AMERICA, 



Commonwealth of Massachusetts: 



I, James McDonald, of Gloucester, on my oath do say I am master 

 and part owner of the schooner Thomas F. Bayard, a licensed vessel 

 of the United States; that she sailed with a permit to trade from 

 Gloucester June 22, on a trip for halibut. "We fished on the north- 

 west coast of Newfoundland, near Bonne Bay, where, my supply of 

 bait being exhausted, I ran into the port July 12 and reported at the 

 custom-house, stating to the collector that my purpose was to buy bait. 

 The collector immediately served me with the notice hereto appended 

 and made part of this affidavit. I had with me a copy of the Cana- 

 dian Warning of March 5, 1886, which contained the clause *2 of the 

 treaty of 1818. This I showed to the collector and argued that I had 

 the right under the treaty there set out. In substance his reply was 

 that he had an official duty to perform and would not permit me. 



Fearing that my vessel would be seized should I remain or should 

 I buy bait or take it, I determined to return to Gloucester, as my trip 

 was broken up by reason of these threats in the notice and the action 

 of the collector in refusing to recognize the rights secured to my ves- 

 sel by the treaty. I arrived in Gloucester July 26. I say great losses 

 and damages have inured to said vessel, her owner, and crew by 

 reason of being warned off said coast and said Bonne Bay, as will be 

 duly made to appear. 



JAMES MCDONALD. 



COMMONWEALTH OF MASSACHUSETTS, 



Suffolk, ss: 



BOSTON, July 28, 18S6. 



Then personally appeared the above-named James McDonald and 

 made oath that the foregoing statement by him subscribed is true. 



CHARLES G. CHICK, 

 Justice of the Peace. 



[Inclosure No. 2.] 



Mr. Taylor to Captain McDonald. 



BONNE BAY, July 12, 1886. 



SIR: I am instructed to give you notice that the presence of your 

 vessel in this port is in violation of the articles of the international 

 convention of 1818 between Great Britain and the United States, in 

 relation to fishery rights on the coast of Newfoundland, and of the 

 laws in force in this country for the enforcement of the articles of the 

 convention and that the purchase of bait or ice, or other transaction 



