PERIOD FROM 1871 TO 1905. 893 



his crew before going to the custom-house to report ; that his plea of- 

 having come into port solely from stress of weather is inconsistent 

 with the circumstances, and is denied by the collector of customs, who 

 reports that ' the night was one of the finest and most moderate expe- 

 rienced there this summer,' and that ' his crew were landed only in 

 the morning.' That even if the ' stress of weather ' plea was sus- 

 tained by facts it would not exempt him from the legal requirement 

 of reporting his vessel before ' breaking bulk ' or landing his crew, 

 and it is evident that there was nothing to hinder his reporting, as 

 the crew appear to have had no difficulty in handling the vessel's 

 boats; that it was very easy for the crew or any of them to have taken 

 valuable contraband goods ashore on their persons in the absence of 

 any customs officer at the landing-place. Inasmuch, however, as 

 there is no charge of actual smuggling preferred against the vessel, 

 the undersigned respectfully recommends that the deposit of $200 be 

 refunded, deducting therefrom any expenses incurred. 



" J. JOHNSON." 



I trust the above may be considered a satisfactory answer to your 

 letter referred to. 



I have, etc., W. G. PARMELEE, 



Assistant Commissioner. 



[Inclosurc No. 4.] 



Mr. Phelan to Mr. Parmelee. 



HALIFAX, November 0, 1886. 



SIR: I have the honor to acknowledge the receipt of your commu- 

 nication of the 22d ultimo, concerning the action of the customs de- 

 partment of Canada in the case of the American schooner Pearl Nel- 

 son, and to say I was much pleased at the decision arrived at in that 

 case. I have informed the Government of the United States that the 

 fine in the case referred to was ordered to be refunded. 



I have also to say that the Department of State, in acknowledging 

 the receipt of a dispatch from me setting forth that you had placed 

 all the papers in the cases of the American schooners Cnttenden and 

 Ilolbroolt, in my hands for perusal, said : " The attention of Mr. Par- 

 melee in referring the matter to you is appreciated. It shows a 

 proper spirit." 



I trust the department of customs will pass on the other cases as 

 soon as possible. 



I have, etc., M. H. PHELAN, 



Consul- General. 



Lord Iddesleigh to Mr. P helps. 



FOREIGN OFFICE, January 11, 1887. 



SIR: Her Majesty's Government have considered the request con- 

 tained in your note of the 2d ultimo, to the effect that the owners of 

 the David J. Adams may be funished with copies of the original 

 reports stating the charges on which that vessel was seized by the 

 Canadian authorities ; and I have now the honor to state to you that 



