1909-] ATLANTIC FISHERIES QUESTION. 337 



was fined $400. This fine was imposed chiefly by the insistence 

 of Captain Ouigley, commander of the Terror. Captain Landry 

 then appHed to ATr. White, the American consular agent. Owing to 

 the importance to the success of the venture of the Marion Grimes 

 that she should not be detained, Mr. White at once telegraphed the 

 facts of the case to Mr. Plielan, the xAmerican Consul General at 

 Halifax. Mr. Phelan took the matter up with the assistant commis- 

 sioner of customs at Ottawa, who replied the fine could not be re- 

 duced, but that the $400 could be deposited at Halifax, to await a de- 

 cision in the case. Air. Phelan made the deposit at Halifax and tele- 

 graphed to Captain Landry he was at liberty to take his vessel to sea. 

 On October 11, Captain Landry, whose vessel had by that time been 

 held up four days, telegraphed to Consul General Phelan that " the 

 custom-house officers and Captain Quigley " refused to let him 

 go to sea. The next morning the consul general called on the col- 

 lector of Halifax to learn if the order to release the Marion Grimes 

 had been issued, and was told such an order was sent, " but that the 

 collector and the captain of the cruiser refused to obey it, for the 

 reason that the captain of the seized vessel hoisted the American 

 flag while she was in custody of the Canadian officials." Mr. Phelan 

 telegraphed this news to the assistant commissioner at Ottawa, 

 and received a reply dated October 12 that the " collector had been 

 instructed to release the Grimes from customs seizure. This depart- 

 ment has nothing to do with other charges." The same day the col- 

 lector of customs at Halifax sent a dispatch to the collector at Shel- 

 bourne to release the Marion Grimes, in which he said that " this de- 

 partment (customs) has nothing to do with the other charges. It 

 is the department of marines." 



What happened concerning the hoisting of the American flag by 

 the captain of the Marion Grimes over his vessel was thus told by 

 Secretary Bayard in a dispatch to Minister Phelps : 



On October 11 the Marion Grimes, being then under arrest by order of 

 local officials for not immediately reporting at the custom house, hoisted the 

 American flag. Captain Quigley who, representing, as appeared, not the 

 revenue, but the marine department of the Canadian administration, was, with 

 his " cruiser " keeping guard over the vessel, ordered the flag to be hauled 

 down. This order was obeyed ; but about an hour afterwards the flag was 

 again hoisted, whereupon Captain Quigley boarded the vessel with an armed 



