PERIOD FEOM 1871 TO 1905. 961 



[Sub-inclosure.] 



Report of a committee of the privy council approved "by his excellency 

 the governor-general in council on 8th March, 1888. 



On a report dated 24th February, 1888, from the minister of justice 

 submitting for your excellency's consideration the cases of the United 

 States fishing- vessels David J. Adams and E. M. Doughty, the min- 

 ister of justice observes that these vessels were libeled in the vice- 

 admiralty court at Halifax for violation of the statutes relating to 

 " fishing by foreign vessels ", and relating to the convention between 

 Great Britain and the United States of October 20, 1888. 



The proceedings were understood by the counsel on the part of the 

 Crown to be closed early in the year 1886, but an application was 

 made by the counsel for the defense for a protracted adjournment in 

 order that further evidence might be taken. 



That the effect of the adjournment which was granted on this appli- 

 cation was that the causes were not heard until June, 1887, when they 

 were heard by the Hon. J. McDonald, judge of the vice- admiralty 

 court for the Province of Nova Scotia. 



Judgment was reserved and has not yet been delivered. 



The minister desires to remind your excellency that these proceed- 

 ings were taken for the purpose of asserting and establishing the 

 right of Canada, under the convention of 1818, to prevent the pur- 

 chase of bait and other fishing supplies in Canadian ports by the 

 United States fishing vessels and to prevent such vessels from enter- 

 ing such ports for the shipping of crews. 



As, however, the result of the negotiations recently concluded at 

 Washington has been to show that no further difference of opinion 

 between the two Governments upon the points is to be apprehended, it 

 appears to the minister of justice unnecessary that a judicial decision 

 should be sought to affirm the right above mentioned. 



The minister therefore recommends that he be authorized to dis- 

 continue the proceedings against the vessels above mentioned, pro- 

 vided the owners or their representatives give an undertaking which 

 will prevent such a step being made the basis for a claim for damages 

 or expenses. 



The committee, concurring in the recommendation of the minister 

 of justice, advise that a copy of this minute be forwarded to the 

 secretary of state for the colonies in order that the reasons" for this 

 action above recommended may be in possession of Her Majesty's 

 Government. 



Mr. West to Mr. Bayard. 



WASHINGTON, May , 1888. (Keceived May 3.) 

 SIR: Under date of the 21st April you inclosed to me copy of a 

 telegram which had been received from the United States consular 

 agent at St. Pierre and Miquelon (a French possession) stating that 

 ten American schooners were in that port which had been prevented 

 from getting bait in Newfoundland, and that they were willing to 

 pay the $1.50 per ton in order to obtain it. You requested me at the 

 same time to ascertain by telegraph whether licenses could be ob- 



92909 W 8. Doc. 870, 61-3, vol 3 22 



