894 CORRESPONDENCE, ETC. 



if the owners of this vessel are legally entitled to be furnished with 

 those reports they can obtain them by the process of the courts; and 

 there seems no ground for the interference of Her Majesty's Govern- 

 ment with the ordinary course of justice. 



As regards the means of obtaining information for the purposes 

 of the defense, I would point out that in the report of the Canadian 

 minister of marine and fishery, of which a copy was communicated to 

 you on the 23d July last, it is stated that from a date immediately 

 after the seizure " there was not the slightest difficulty in the United 

 States consul-general, and those interested in the vessel, obtaining 

 the fullest information," and that " apart from the general knowledge 

 of the offenses which it was claimed the master had committed, and 

 which was furnished at the time of the seizure, the most technical and 

 precise details were readily obtainable at the registry of the court, and 

 from the solicitors of the Crown." 



With respect to the statement in your note that a clause in the 

 Canadian act of May 22, 18G8, to the effect that, " In case a dispute 

 arises as to whether any seizure has or has not been legally made, or 

 as to whether the person seized was or was not authorized to seize 

 under this act, the burden of proving the illegality of the seizure 

 shall be on the oAvner or claimant," is in violation of the principles 

 of national justice, as well as of those of the common law, I have to 

 observe that the statute referred to is cap. 61 of 1868, which provides 

 for the issue of licenses to foreign fishing vessels, and for the for- 

 feiture of such vessels fishing without a license; and that the provi- 

 sions of Article 10, to which you take exception, are commonly found 

 in laws against smuggling, and are based on the rule of law that a 

 man who pleads that he holds a license or other similar document 

 shall be put to the proof of his plea and required to produce the 

 document. 



I beg leave to add that the provisions of that statute, so far as they 

 relate to the issue of licenses, has been in operation since the year 1870. 

 I have, etc., 



IDDESLEIGH. 



Sir J. Pauncefote to Mr. Phelps. 



FOREIGN OFFICE, January H, 1887. 



SIR : With reference to my predecessor's note of the 30th of Novem- 

 ber last, I have the honor to transmit to you a copy of a report from 

 the Canadian minister of justice upon the seizure of the American 

 fishing vessel David J. Adams. 



I have forwarded a copy of this report to Her Majesty's minister 

 at Washington for communication to the United States Government. 

 I have the honor, etc., 



J. PAUNCEFOTE, 

 (For the Secretary of State.) 



