PERIOD FROM 1871 TO 1905. 845 



The cruel irony of this was apparent when the collector knew such 

 report was impossible, and that the landing of the crew was usual 

 and customary, and that no charge of smuggling had been suggested 

 or was possible under the circumstances. 



To compel the payment of a fine, or " a deposit " of $200, which is 

 practically the same in its results, was harsh and unwarranted, and 

 was adding a price and a penalty to the privilege of shelter guaran- 

 teed to American fishermen by treaty. 



This vessel was a fishing vessel, and, although seeking to exercise 

 no commercial privileges, was compelled to pay commercial fees, such 

 as are applicable to trading vessels, but at the same time was not 

 allowed commercial privileges. 



I beg you will lose no time in representing the wrong inflicted upon 

 an unoffending citizen of the United States, and procure the adoption 

 of such orders as will restore the money so compelled to be deposited. 

 I am, sir, &c., 



T. F. BAYARD. 



[Inclosure.] 



Schooner Pearl Nelson. 



UNITED STATES OF AMERICA, 



District of Massachusetts: 



I, Murdock Kemp, of Provincetown, in Massachusetts, a citizen of 

 the United States, on my oath do say that I was master and part 

 owner of the schooner Pearl Nelson, a vessel of the United States 

 duly licensed - , 1886, for the fisheries, and holding a permit to 

 touch and trade during the existence of said license. 



I further say that the crew of said vessel were shipped on wages at 

 Provincetown and Boston for a fishing voyage to the Grand Banks 

 and return to Provincetown for discharge. Said schooner, with 

 license and permit as aforesaid, sailed May 29, 1886, from Province- 

 town, and on her passage home touched at Arichat, Cape Breton, 

 driven in there by stress of weather. Sailed by the wind from Bank 

 Quero, and blowing fresh, a heavy sea running, and foggy, made 

 Point Michaux, 9 miles from Arichat. The vessel was deep; her 

 dories floated on deck in her lee waist, wind being about west. I con- 

 cluded to make a harbor and wait for better weather and wind. I 

 anchored the vessel in Arichat Harbor at 11 p. m., September 7, 1886. 

 I had lost a man on the Grand Banks, named James Sampson, who 

 belonged to Arichat, and I wanted to land his effects if the customs 

 officers would allow me to. Some of my crew belonged in that neigh- 

 borhood. William Babins, my cook, and nine others of the crew 

 took boats off the deck and went ashore without asking my permis- 

 sion. I saw them, but had never known there was any objection. I 

 had been in this and other British North American ports frequently 

 and witnessed the landing from my own and other vessels' crews, but 

 never before heard such landing was illegal or improper. These men 

 took nothing from the vessel with them, nor carried away anything 

 but the clothes they wore. 



From the time I left Provincetown I had been into no port any- 

 where. Next morning after my arrival in Arichat, at 8| o'clock, I 

 went ashore to enter at the custom-house, and found it closed. I 

 called at 9 o'clock and it was not open. I went again at 10 o'clock 

 ind found the collector opening the office door. I made the regular 



