PERIOD FROM 1871 TO 1905. 809 



Mr. Hardinge to Mr. Bayard. 



BRITISH LEGATION, 



Washington, August 2, 1886. (Received August 3.) 

 SIR : With reference to the several communications received by Her 

 Majesty's legation referring to the action of the Canadian authorities 

 in connection with the present position of the North American fish- 

 eries question, I have the honor to forward to you herewith, in com- 

 pliance with instructions which I have received from the Earl of 

 Rosebery, printed copies of three dispatches and their inclosures ad- 

 dressed by his lordship to Her Majesty's minister on the 23d ultimo, 

 stating the views of Her Majesty's Government, in reply to your 

 notes to Sir L. West of the 10th, 20th, 29th May, and 14th June. 

 I have, &c., 



CHARLES HARDINGE. 



[Inclosure 1.] 



The Earl of Rosebery to Sir L. West. 



FOREIGN OFFICE, July %3, 1886. 



SIR: I have received your dispatch No. 28 (treaty), of the llth of 

 Ma}^ last, inclosing a copy of a note addressed to you by Mr. Bayard, 

 in which, whilst expressly referring to the seizure by the Canadian 

 authorities of the American fishing vessels Joseph Story and David J. 

 Adams', he discusses at length the present position of the North Amer- 

 ican fisheries question. 



I have also received a communication upon the same subject from 

 the United States minister at this court, dated the 2d June last, which, 

 although advancing arguments of a somewhat different character, is 

 substantially addressed to the consideration of the same question. 



I think it therefore desirable to reply to these two communications 

 together in the present dispatch, of which I shall hand a copy to Mr. 

 Phelps. 



The matter is one involving the gravest interests of Canada ; and, 

 upon receipt of the communications above mentioned, I lost no time 

 in requesting the secretary of state for the colonies to obtain from the 

 Government of the Dominion an expression of their views thereon. I 

 now inclose a copy of an approved report of the Canadian privy 

 council, in which the case of Canada is so fully set forth that I think 

 it would be desirable, as a preliminary step to the further discussion 

 of the questions involved in this controversy, to communicate a copy 

 of it to Mr. Bayard, as representing the views of the Dominion Gov- 

 ernment; and I have to request that, in so doing, you will state that 

 Her Majesty's Government will be glad to be favored with any obser- 

 vations which Mr. Bayard may desire to make thereon. 



In regard to those portions of Mr. Phelps's note of the 2d June, in 

 which he calls in question the competence of the Canadian authorities 

 under existing statutes, whether imperial or colonial, to effect seizures 

 of United States fishing vessels under circumstances such as those 

 which appear to have led to the capture of the David J. Adams, I 

 have to observe that Her Majesty's Government do not feel them- 

 selves at present in a position to discuss that question, which is now 

 occupying the attention of the courts of law in the Dominion, and 



