PEEIOD FROM 1871 TO 1905. 837 



In other cases, an arbitrary extension of the three-mile limit fixed 

 by the treaty has been announced so as to include within it portions 

 of the high sea, such as the Bay of Fundy, the Bay of Chaleur, and 

 other similar waters, and American fishermen have been prevented 

 from fishing in those places by threats of seizure. I do not propose 

 at this time to discuss the question of the exact location of that line. 

 But only to protest against its extension in the manner attempted by 

 the provincial authorities. 



To two recent instances of interference by Canadian officers with 

 American fishermen, of a somewhat different character, I am spe- 

 cially instructed by my Government to ask your lordship's attention, 

 those of the schooners Thomas F. Bayard and Mascot. 



These vessels were proposing to "fish in w r aters in which the right 

 to fish is expressly secured to Americans by the terms of the treat}' 

 of 1818; the former in Bonne Bay, on the northwest coast of New- 

 foundland, and the latter near the shores of the Magdalen Islands. 



For this purpose the Bayard attempted to purchase bait in the port 

 of Bonne Bay, having reported at the custom-house and announced 

 its object. The Mascot made a similar attempt at Port Amherst in 

 the Magdalen Islands, and also desired to take on board a pilot. 

 Both vessels were refused permission by the authorities to purchase 

 bait, and the Mascot to take a pilot, and were notified to leave the 

 ports within twenty-four hours on penalty of seizure. They were 

 therefore compelled to depart, to break up their voyages, and to re- 

 turn home, to their very great loss. I append copies of the affidavits 

 of the masters of these vessels, stating the facts. 



Your lordship will observe, upon reference to the treaty, not only 

 that the right to fish in these waters is conferred by it, but that the 

 clause prohibiting entry by American fishermen into Canadian ports, 

 except for certain specified purposes, which is relied on by the Cana- 

 dian Government in the cases of the Adams and of some other ves- 

 sels, has no application whatever to the ports from which the Bayard 

 and the Mascot were excluded. The only prohibition in the treaty 

 having reference to those ports is against curing and drying fish 

 there, without leave of the inhabitants, which the vessels excluded 

 had no intention of doing. 



The conduct of the provincial officers toward these vessels was 

 therefore not merely unfriendly and injurious, but in clear and plain 

 violation of the terms of the treaty. And I am instructed to say 

 that reparation for the losses sustained by it to the owners of the 

 vessels will be claimed by the United States Government on their 

 behalf as soon as the amount can be accurately ascertained. 



It will be observed that interference with American fishing vessels 

 by Canadian authorities is becoming more and more frequent, and 

 more and more flagrant in its disregard of treaty obligations and of 

 the principles of comity and friendly intercourse. The forbearance 

 and moderation of the United States Government in respect to them 

 appear to have been misunderstood and to have been taken advantage 

 of by the provincial government. The course of the United States 

 has been dictated, not only by an anxious desire to preserve friendly 

 relations, but by the full confidence that the interposition of Her 

 Majesty's Government would be such as to put a stop to the trans- 



