PERIOD FEOM 1871 TO 1905. 859 



structions. I told him that he must not take the fish without permis- 

 sion from the customs. He left for the American shore and I 

 returned to the Middleton. 



" Mr. Stephen R. Balkam I have known for some years. He for- 

 merly belonged to St. Andrews, but is now living in Eastport. His 

 business is to carry sardines from the English side to Eastport for 

 canning purposes. 



The minister is of opinion, in view of the above, that in warning 

 Mr. Balkam that if his boat belonged to the United States he could 

 not take herring from the weirs without first having reported at the 

 custom-house, Mr. Kent acted within the scope of the law and his 

 instructions. 



The committee respectfully advise that your excellency be moved 

 to transmit a copy of this minute to the right honorable the secre- 

 tary of state for the colonies, as requested in his dispatch of the 5th 

 August last. 



JOHN J. McGEB, 

 Clerk, Privy Council, Canada. 



Mr. Bayard to Sir L. West. 



DEPARTMENT or STATE, 

 Washington, November 11, 1886. 



SIR : I have the honor to inclose herewith copies of the statements 

 with affidavits from Capt. Medeo Rose, master of the schooner Laura 

 Sayward, of Gloucester, Mass., and of Capt. Joseph Tupper, master 

 of the schooner Jeannie Seaverns, also of Gloucester, forwarded to 

 me by the collector of the port of Gloucester, under date of 5th 

 instant. 



The first impressively describes the inhospitable and inhuman con- 

 duct of the collector of the port of Shelburne, Nova Scotia, in re- 

 fusing to allow Captain Rose to buy sufficient food for himself and 

 crew to take them home, besides unnecessarily retaining his papers, 

 and thus preventing him, with a wholly inadequate supply of provi- 

 sions, from proceeding on his voyage. 



The second complaint is of Captain Quigley, commanding the Ca- 

 nadian cruiser Terror, in not only preventing Captain Tupper from 

 landing to visit his relatives in Liverpool, Nova Scotia, but even for- 

 bidding his relatives from coming on board his vessel to see him, and 

 likewise placing a guard on board of her to insure that result. 



While I need not comment further than I have already done in 

 previous notes on the unjust and unwarrantable acts of the Dominion 

 officials of late towards our fishermen, of which the instances now 

 presented are but repetitions, I must notice the new phase of Captain 

 Quigley's abuse of authority in actually making Captain Tupper a 

 prisoner on board of his own vessel, and in preventing his relatives, 

 whom he states he had not seen for many years, from meeting him. 



Such conduct, apart from all its legal and international aspects, is 

 wholly unworthy of any one intrusted with the execution of a public 

 duty and inconsistent with the national reputation for humanity and 

 courtesy of an officer in Her Majesty's service. 



I have, &c., T. F. BAYARD. 



