PERIOD FROM 1871 TO 1905. 887 



vessel was under detention at Shelburne, Nova Scotia, by the collector 

 of customs at that port for an infraction of the customs regulations. 

 I have communicated a copy of this order in council to Her 

 Majesty's minister at Washington. 



I have, &c., A. G. KUSSELL, 



General. 



[Sub-inclosure 1.] 



Report of a committee of the honorable the privy council for Canada, 

 approved by his excellency the administrator of the Government 

 in council on the 26th October, 1886. 



On a report, dated the 14th October, 1886, from the Hon. Mac- 

 kenzie Bowell, for the minister of marine and fisheries, stating that 

 on Monday, the llth October instant, the United States fishing 

 schooner Marion Grimes, of Gloucester, Mass., was under detention 

 at Shelburne, Nova Scotia, by the collector of customs at that port 

 for an infraction of the customs regulations ; that while so detained, 

 and under the surveillance of the Canadian Government cutter 

 Terror, the captain of the Marion Grimes hoisted the United States 

 flag. 



The minister further states that it appears that Captain Quigley, 

 of the Terror, considered such act as an intimation that there was an 

 intention to rescue the vessel, and requested Captain Landry to take 

 the flag down. This request was complied with. An hour later, 

 however, the flag was again hoisted, and on Captain Landry being 

 asked if his vessel had been released, and replying that she had not, 

 Captain Quigley again requested that the flag be lowered. This was 

 refused, when Captain Quigley himself lowered the flag, acting under 

 the belief that while the Marion Grimes was in possession of the 

 customs authorities, and until her case had been adjudicated upon, 

 the vessel had no right to fly the United States flag. 



The minister regrets that he should have acted with undue zeal, 

 although Captain Quigley may have been technically within his right 

 while the vessel was in the custody of the law. 



The committee advise that your excellency be moved to forward a 

 copy of this minute, if approved, to the right honorable the secretary 

 of state for the colonies, and to Her Majesty's minister at Washing- 

 ton, expressing the regret of the Canadian Government at the oc- 

 currence. 



All of which is respectfully submitted for your excellency's ap- 

 proval. 



JOHN J. McGEE, 



Clerk, Privy Council. 



Mr. Bayard to Mr. Phelps. 



No. 470.] DEPARTMENT OF STATE, 



Washington, December 8, 1886. 



SIR : With reference to instruction No. 466, of the 7th instant, con- 

 cerning the case of the American fishing schooner Molly Adams, I 



