PERIOD FROM 1871 TO 1905. 903 



It appears from the correspondence exchanged in 1870 between 

 this Department and Her Majesty's minister in Washington (see the 

 volume of Foreign Relations, 1870, pp. 407-411) that on the 8th of 

 January, 1870, an order in council of the Canadian Government de- 

 creed " that the system of granting fishing license to foreign vessels 

 under the act 31 Vic., cap. 61, be discontinued, and that henceforth 

 all foreign fishermen be prevented from fishing in the waters of 

 Canada." 



During the continuance of the fishery articles of the treaty of 

 Washington Canadian fishing licenses were not required for fisher- 

 men of the United States, and since the termination of those articles, 

 July 1, 1885, this Department has not been advised of the resumption 

 of the licensing system under the statute aforesaid. 



The faulty construction of the last paragraph of Lord Iddesleigh's 

 note, as transmitted with your No. 416, suggests the possibility of a 

 clerical error in the preparation or transcription of that note, and 

 that it may have been intended to state that the licensing provisions 

 of the statute, cap. 61, 1868, " have not been in operation since 1870," 

 but in that case it is not easy to apply the argument advanced. 

 I am, etc., 



T. F. BAYARD. 



Mr. Bayard to Sir L. S. Sackville West. 



DEPARTMENT OF STATE, 

 Washington, January 87, 1887. 



SIR : I have the honor to inclose a copy of an affidavit of the cap- 

 tain and two members of the crew of the schooner Sarah H. Prior, 

 of Boston, stating the refusal of the captain of the Canadian revenue 

 cutter Critic to permit the restoration to the former vessel, in the port 

 of Malpeque, Prince Edward Island, of her large seine, which she 

 had lost at sea^ and which had been found by the captain of a Cana- 

 dian vessel, who offered to return the seine to the Prior, but was pre- 

 vented from doing so by the captain of the Critic. 



This act of prevention, the reason for which is not disclosed, prac- 

 tically disabled the Prior, and she was compelled to return home with- 

 out having completed her voyage, and in debt. 



I have the honor to ask that Her Majesty's Government cause in- 

 vestigation of this case to be made. 



I have, etc., T. F. BAYARD. 



[Inclosure No. 1.] 



Mr. Prior to Mr. Bayard. 



BOSTON, December 88, 1886. 



DEAR SIR : I wrote to Senator W. P. Frye, setting forth in my let- 

 ter the facts contained in the affidavit inclosed. He wrote me to have 

 it sworn to and to send it to you, which I have done. Will you please 

 let me know what course is best to pursue in regard to it, whether to 

 enter a claim or not? I think it is a clear, strong case, and the claim 

 would be a just one, and will be pleased to receive your advice in 

 the matter. 



Yours, very truly, P. H. PRIOR. 



