PERIOD FROM 18*71 TO 1905. 857 



It is impossible not to see that if the unfriendly and unjust system, 

 of which the cases now presented are part, is sustained by Her Maj- 

 esty's Government, serious results will almost necessarily ensue, great 

 as is the desire of this Government to maintain the relations of good 

 neighborhood. Unless Her Majesty's Government shall effectually 

 check these aggressions a general conviction on the part of the people 

 of the United States may naturally be apprehended that, as treaty 

 stipulations in behalf of our fishermen, based on their ancient rights, 

 cease to be respected, the maintenance of the comprehensive system 

 of mutual commercial accommodation between Canada and the 

 United States could not reasonably be expected. 



In contemplation of so unhappy and undesirable a condition of 

 affairs I express the earnest hope that Her Majesty's Government will 

 take immediate measures to avert its possibility. 



With no other purpose than the preservation of peace and good 

 will and the promotion of international amity, I ask you to represent 

 to the statesmen charged with the administration of Her Majesty's 

 Government the necessity of putting an end to the action of Canadian 

 officials in excluding American fishermen from the enjoyment of their 

 treaty rights in the harbors and waters of the maritime provinces of 

 British North America. 



The action of Captain Quigley in hauling down the flag of the 

 United States from the Marion Grimes has naturally aroused much 

 resentment in this country, and has been made the subject of some- 

 what excited popular comment ; and it is wholly impossible to account 

 for so extraordinary and unwarranted an exhibition of hostility and 

 disrespect by that official. I must suppose that only his want of 

 knowledge of what is due to international comity and propriety and 

 overheated zeal as an officer of police could have permitted such 

 action ; but I am confident that, upon the facts being made known by 

 you to Her Majesty's Government, it will at once be disavowed, a 

 fitting rebuke be administered, and the possibility of a repetition of 

 Captain Quigley's offense be prevented. 



It seems hardly necessary to say that it is not until after condemna- 

 tion by a prize court that the national flag of a vessel seized as a 

 prize of war is hauled down by her captor. Under the fourteenth 

 section of the twentieth chapter of the Navy Regulations of the 

 United States the rule in such cases is laid down as follows: 



"A neutral vessel, seized, is to wear the flag of her own country 

 until she is adjudged to be a lawful prize by a competent court." 



But, a fortiori, is this principle to apply in cases of customs seizures, 

 where fines only are imposed and where no belligerency whatever ex- 

 ists. In the port of New York, and other of the countless harbors of 

 the United States, are merchant vessels to-day flying the British flag 

 which from time to time are liable to penalties for violations of cus- 

 toms laws and regulations. But I have yet to learn that any official 

 assuming, directly or indirectly, to represent the Government of the 

 United States, would under such circumstances order down or forcibly 

 haul down the British flag from a vessel charged with such irregu- 

 larity ; and I now assert that if such act were committed, this Gov- 

 ernment, after being informed of it, would not wait for a complaint 

 from Great Britain, but would at once promptly reprimand the 

 parties concerned in such misconduct and would cause proper expres- 

 sion of regret to be made. 



