920 . CORRESPONDENCE, ETC. 



have had on the high seas carrying on under shelter of the flag of the 

 United States legitimate commerce," he is undoubtedly right, but 

 when he declares, as he does in reality, that to compel Captain Forbes, 

 in Shelburne Harbor, to conform to Canadian customs regulations, or 

 to punish him for their violation, is a more unwarrantable stretch of 

 power than " that of seizure on the high seas of a ship unjustly sus- 

 pected of being a slaver," he makes a statement which carries with it 

 its own refutation. 



Customs regulations are made by each country for the protection 

 of its own trade and commerce, and are enforced entirely within its 

 own territorial jurisdiction, while the seizure of a vessel upon the 

 high seas, except under extraordinary and abnormal circumstances, 

 is an unjustifiable interference with the free right of navigation 

 common to all nations. 



As to Mr. Bayard's observation that by treatment such as that 

 experienced by the Everett Steele, "the door of shelter is shut to 

 American fishermen as a class," the minister expresses his belief that 

 Mr. Bayard can not have considered the scope of such an assertion 

 or the inferences which might reasonably be drawn from it. 



If a United States fishing vessel enters a Canadian port for shelter, 

 repairs, or for wood and water, her captain need have no difficulty in 

 reporting her as having entered for one of those purposes, and the 

 Everett Steele would have suffered no detention had her captain, on 

 the 25th March, simply reported his vessel to the collector. As it 

 was, the vessel was detained for no longer time than was necessary to 

 obtain the decision of the minister of customs, and the penalty for 

 which it was liable was not enforced. Surely Mr. Bayard does not 

 wish to be understood as claiming for United States fishing vessels 

 total immunity from all customs regulations, or as intimating that if 

 they can not exercise their privileges unlawfully they will not exer- 

 cise them at all. 



Mr. Bayard complains that the Pearl Nelson, although seeking to 

 exercise no commercial privileges, was compelled to pay commercial 

 fees, such as are applicable to trading vessels. In reply the minister 

 observes that the fees spoken of are not " commercial fees ; " they are 

 harbor-master's dues, which all vessels making use of legally consti- 

 tuted harbors are, by law, compelled to pay, and entirely irrespective 

 of any trading that may be done by the vessel. 



The minister observes that no single case has yet been brought to 

 his notice in which any United States fishing vessel has in any way 

 been interfered with for exercising any rights guarantied under the 

 treaty of 1818 to enter Canadian ports for shelter, repairs, wood, or 

 water; that the Canadian Government would not countenance or 

 permit any such interference, and that in all cases of this class when 

 trouble has arisen it has been due to a violation of Canadian customs 

 law, which demands the simple legal entry of the vessel as soon as it 

 comes into port. 



The committee concurring in the above report recommend that 

 your excellency be moved to transmit a copy thereof to the right 

 nonorable the secretary of state for the colonies. 



All which is respectfully submitted for your excellency's approval. 



JOHN J. McGEE, 



Clerk Privy Council. 



