810 CORRESPONDENCE, ETC. 



which may possibly form the subject of an appeal to the judicial com- 

 mittee of Her Majesty's privy council in England. 



It is believed that the courts in Canada will deliver judgment in 

 the above cases very shortly; and until the legal proceedings now 

 pending have been brought to a conclusion, Her Majesty's Govern- 

 ment do not feel justified in expressing an opinion upon them, either 

 as to the facts or the legality of the action taken by the colonial 

 authorities. 



I do not, therefore, conceive it to be at present necessary to make 

 any specific reply to Mr. Bayard's further notes of the llth and 12th 

 May and 1st, 2d, and Tth June last. But with regard to his note of 

 the 20th May, relative to the seizure of the United States fishing ves- 

 sel Jennie and Julia, I inclose for communication to Mr. Bayard a 

 copy of a report from the Canadian minister of marine and fisheries 

 dealing with this case. 



I cannot, however, close this dispatch without adding that Her 

 Majesty's Government entirely concur in that passage of the report 

 of the Canadian privy council, in which it is observed that " if the 

 provisions of the convention of 1818 have become inconvenient to 

 either contracting party, the utmost that good-will and fair dealing 

 can suggest is that the terms shall be reconsidered." 



It is assuredly from no fault on the part of Her Majesty's Govern- 

 ment that the question has now been relegated to the terms of the 

 convention of 1818. They have not ceased to express their anxiety 

 to commence negotiations, and they are now prepared to enter upon 

 a frank and friendly consideration of the whole question with the 

 most earnest desire to arrive at a settlement consonant alike with the 

 rights and interests of Canada and of the United States. 



Where, as in the present case, conflicting interests are brought into 

 antagonism by treaty stipulations the strict interpretation of which 

 has scarcelv been called in question, the matter appears to Her 

 Majesty's (jovernment to be pre-eminently one for friendly nego- 

 tiation. 



I am, &c. 



[Sub-inclosure 1.] 



Report of a committee of the honorable the privy council for Canada, 

 approved by his excellency the governor-general on the Hth June, 

 1886. 



The committee of the privy council have had under consideration a 

 report from the minister of marine and fisheries upon the communica- 

 tions dated 10th and 20th May last from the Hon. Mr. Bayard, Secre- 

 tary of State of the United States, to Her Majesty's minister at Wash- 

 ington, in reference to the seizure of the American fishing-vessel 

 David J. Adams. 



The committee concur in the annexed report, and they advise that 

 your excellency be moved to transmit a copy thereof to the Right 

 Hon. the Secretary of State for the Colonies. 



All of which is respectfully submitted for your excellency's ap- 

 proval. 



JOHN J. McGEE, 

 Clerk) Privy Council, Canada. 



