41 6 APPENDIX 



5,000 barrels of herring suffered to run out to sea. Other instances are given, only 

 less in quantity and value, the proceedings resulting in the vessels — eight in number 



— being obliged to abandon the fishing-grqunds on that coast and return to their 

 home port in ballast. When it is remarked at what considerable expense the prepara- 

 tions are made for a season's fishing in these waters, many of the men-mariners, as 

 well as the masters, embarking their all in the enterprise, the serious character of their 

 losses may be partially understood. 



The President has deemed it proper, in view of the possible complications to which 

 a continuance of these lawless proceedings might give rise, to bring the subject directly 

 to the attention of Her Majesty's Government with a view to an early investigation 

 of the facts and the''adoption of such measures on its part as may be deemed advisable 

 to prevent a recurrence of the acts complained of; and the Minister of the United 

 States at London has been accordingly instructed to take the necessary steps in that 

 direction. Meantime, I have deemed it right to transmit the facts, so far as they are 

 already known, for your information. 



I have, etc. 

 (Signed) Wu. M. Evarts 



- INSTRUCTIOiSr FROM MR. EVARTS TO MR. WELSH, UNITED STATES 



MINISTER AT LONDON, SEPTEMBER 28, 1878' 



Department op State, Washington, September 28, 1878 



Sir: I received in due course your dispatch of August 24th ultimo, inclosing 

 Lord Salisbury's reply of the British Government to the representations that had 

 been made to it as early as March last by you, under instructions from the 

 Department. 



I must understand Lord Salisbury's note, accompanying the copy of Captain Suli- 

 van's report, which he communicates to this government, as adopting that naval 

 officer's conclusions of fact respecting the violent injuries which our fishing fleet 

 suffered at the hands of the Newfoundland fishing population at Fortune Bay, in Janu- 

 ary of this year, as the answer which Her Majesty's Government makes to the repre- 

 'sentations laid before it on our part, verified by the sworn statements of numerous 

 and respectable witnesses. 



His Lordship has not placed in our possession the proofs or depositions which form 

 the basis of Captain Sulivan's conclusions of fact, and I am unable, therefore, to say 

 whether, upon their consideration, the view which this Government takes of these 

 transactions, upon the sworn statements of our own respectable citizens, would be at 

 all modified. In the absence of these means of correcting any mistakes or false impres- 

 sions which our informants may have fallen into in their narrative of the facts, it 

 is impossible to accept Captain Sulivan's judgment upon undisclosed evidence as 

 possessing judicial weight. 



You will, therefore, lay before Her Majesty's Government the desire which this 

 Government feels to be able to give due weight to this opposing evidence, before insist- 

 ing upon the very grave view of these injuries which, at present, its unquestionable 

 duty to the interests which have suffered them, and its confidence in the competency 

 and sobriety of the proofs in our possession, compels this Government to take. Should 

 Her Majesty's Government place a copy of the evidence upon which Captain Sulivan 

 bases his Report in your hands, you will lose no time in transmitting it for considera- 

 tion. I regret that any further delay should thus intervene to prevent an immediate 

 'Appendix, U. S. Case, p. 632; Appendix, British Case, p. 268. 



