QUESTION FIVE. 193 



mand of the vessels employed for the protection of the inshore fish- 

 eries of the Dominion, and added : 



These instructions are substantially the same as those which were 

 issued under similar circumstances in 1870. 



The authorities of the Dominion of Canada, having at length in 

 1870 brought the instructions to their provincial cruisers into accord 

 with the decision of the Government of Great Britain, as to the extent 

 of the bays, creeks, and harbors referred to in the treaty of 1818, and 

 having, as stated by Lord Lansdowne, re-issued the instructions of 

 1870 after the termination of the fisheries articles of the Treaty of 

 Washington, now undertook to interfere with the American fishing 

 vessels on entirely different grounds. 



Following the termination of the fisheries articles, Mr. Bayard, 

 the Secretary of State, in a note of May 20, 1886, to the British min- 

 ister, stated with reference to the Canadian attitude toward Ameri- 

 can fishing vessels: 



But I trust you will join with me in realizing the urgent and essen- 

 tial importance of restricting all arrests of American fishing vessels 

 for supposed or alleged violations of the convention of 1818 within 

 the limitations and conditions laid down by the authorities of Great 

 Britain in 1870, to-wit: That no vessel shall l>e seized unless it is 

 evident and can be clearly proved that the offense of 'fishing has been 

 committed and the vessel itself captured within three miles of land. 



In regard to the necessity for the instant imposition of such restric- 

 tions upon the arrest of vessels, you will, I believe, agree with me, 

 and I will therefore ask you to procure such steps to be taken as shall 

 cause such orders to be forthwith put in force under the authority of 

 Her Majesty's Government. 6 



Again, in a note to the British minister, dated May 29, 1886, the 

 Secretary of State wrote: 



I have also been furnished with a copy of circular No. 371, pur- 

 porting to be from the customs department at Ottawa, dated May 7, 

 1886, and to be signed by J. Johnson, commissioner of customs, as- 

 suming to execute the provisions of the treaty between the United 

 States and Great Britain, concluded October 20, 1818, and printed 

 copies of a warning, purporting to be issued by George E. Foster, 

 minister of marine and fisheries, dated at Ottawa, March 5, 1886, of 



a similar tenor, although capable of unequal results in its execution. 



* * * 



In the interest of the maintenance of peaceful and friendly rela- 

 tions, I give you my earliest information on this subject, adding that 

 I have telegraphed Mr. Phelps, our minister at London, to make 



TJ. S. Case, 186; Appendix, 756. 

 6 U. S. Case, Appendix, 770. 



