900 CORRESPONDENCE, ETC. 



not at war, as well as from the right to touch and trade accorded 

 to all other vessels. 



And quite aside from any question arising upon construction of the 

 treaty, the provisions of the custom-house acts and regulations have 

 been systematically enforced against American ships for alleged petty 

 and technical violations of legal requirements in a manner so unrea- 

 sonable, unfriendly, and unjust as to render the privileges accorded 

 by the treaty practically nugatory. 



It is not for a moment contended by the United States Govern- 

 ment that American vessels should be exempt frpm those reasonable 

 port of custom-house regulations which are in force in countries 

 which such vessels have occasion to visit. If they choose to violate 

 such requirements, their Government will not attempt to screen them 

 from the just legal consequences. 



But what the United States Government complain of in these cases 

 is that existing regulations have been construed with a technical 

 strictness, and enforced with a severity, in cases of inadvertent and 

 accidental violation where no harm was done, which is both unusual 

 and unnecessary, whereby the voyages of vessels have been broken 

 up and heavy penalties incurred. That the liberal and reasonable 

 construction of these laws that had prevailed for many years, and to 

 which the fishermen had become accustomed, was changed without 

 any notice given. And that every opportunity of unnecessary inter- 

 ference with the American fishing vessels, to the prejudice and de- 

 struction of their business, has been availed of. Whether in any of 

 these cases, a technical violation of some requirement of law had, 

 upon close and severe construction, taken place, it is not easy to deter- 

 mine. But if such rules were generally enforced in such a manner in 

 the ports of the world, no vessel could sail in safety without carrying 

 a solicitor versed in the intricacies of revenue and port regulations. 



It is unnecessary to specify the various cases referred to, as the 

 facts in many of them have been already laid before Her Majesty's 

 Government. 



Since the receipt of Lord Iddesleigh's note the United States Gov- 

 ernment has learned with grave regret that Her Majesty's assent has 

 been given to the act of the Parliament of Canada, passed at its late 

 session, entitled "An act further to amend the act respecting fishing 

 by foreign vessels," which has been the subject of observation in the 

 previous correspondence on the subject between the Governments of 

 the United States and of Great Britain. 



By the provisions of this act any foreign ship, vessel, or boat 

 (whether engaged in fishing or not) found within any harbor in 

 Canada, or within 3 marine miles of " any of the coasts, bays, or 

 creeks of Canada," may be brought into port by any of the officers or 

 persons mentioned in the act, her cargo searched, and her master 

 examined upon oath touching the cargo and voyage under a heavy 

 penalty if the questions asked are not truly answered; and if such 

 ship has entered such waters "for any purpose not permitted by 

 treaty or convention or by law of the United Kingdom or of Canada, 

 for the time being in force, such ship, vessel, or boat and the tackle, 

 rigging, apparel, furniture, stores, and cargo thereof shall be for- 

 feited." 



