PERIOD FROM 1871 TO 1905. 811 



[Annex] 



The undersigned having had his attention called by your excellency 

 to a communication from Mr. Bayard, Secretary of State of the 

 United States, dated the 10th May, and addressed to Her Majesty's 

 minister at Washington, and to a further communication from Mr. 

 Bayard, dated the 20th May instant, in reference to the seizure of the 

 American fishing vessel David J. Adams, begs leave to submit the 

 following observations thereon : 



Your excellency's Government fully appreciates and reciprocates 

 Mr. Bayard's desire that the administration of the laws regulating the 

 commercial interests and the mercantile marine of the two countries 

 might be such as to promote good feeling and mutual advantage. 



Canada has given many indisputable proofs of an earnest desire to 

 cultivate and extend her commercial relations with the United States, 

 and it may not be without advantage to recapitulate some of those 

 proofs. 



For many years before 1854 the maritime provinces of British 

 North America had complained to Her Majesty s Government of the 

 continuous invasion of their inshore fisheries (sometimes accompanied, 

 it was alleged, with violence) by American fishermen and fishing 

 vessels. 



Much irritation naturally ensued, and it was felt to be expedient by 

 both Governments to put an end to this unseemly state of things by 

 treaty, and at the same time to arrange for enlarged trade relations 

 between the United States and the British North American colonies. 

 The reciprocity treaty of 1854 was the result, by which were not only 

 our inshore fisheries opened to the Americans, but provision was made 

 for the free interchange of the principal natural products of both 

 countries, including those of the sea. Peace was preserved on our 

 waters, and the volume of jnternational trade steadily increased 

 during the existence of this treaty, and until it was terminated in 

 I860, not by Great Britain, but by the United States. 



In the following year Canada (then become a dominion and united 

 to Nova Scotia and New Brunswick) was thrown back on the con- 

 vention of 1818, and obliged to fit out a marine police to enforce the 

 laws and defend her rights, still desiring, however, to cultivate 

 friendly relations with her great neighbor, and not too suddenly to 

 deprive the American fishermen of their accustomed fishing grounds 

 and means of livelihood. She readily acquiesced in the proposal of 

 Her Majesty's Government for the temporary issue of annual licenses 

 to fish on payment of a moderate fee. Your excellency is aware of 

 the failure of that scheme. A few licenses were issued at first, but the 

 applications for them soon ceased, and the American fishermen per- 

 sisted in forcing themselves into our waters " without leave or 

 license." 



. Then came the recurrence, in an aggravated form, of all the 

 troubles which had occurred anterior to the reciprocity treaty. There 

 were invasions of our waters, personal conflicts between our fishermen 

 and American crews, the destruction of nets, the seizure and con- 

 demnation of vessels, and intense consequent irritation on both sides. 



This was happily put an end to by the Washington treaty of 1871. 

 In the interval between the termination of the first treaty and the 

 ratification of that by which it was eventually replaced, Canada on 



