[Inclosure in Sir Edward Thornton’s
note of October 22, 1878.]
Copy of a report of a committee of the honorable
the privy council for Canada, approved by his excellency the
governor-general on the 9th day of
October, 1879.
The committee of council have had under consideration a dispatch from
Her Majesty’s minister at Washington, dated the 14th of August last,
with certain communications therein inclosed from Mr. Seward, Acting
Secretary of State of the United States.
[Page 494]
The honorable the acting minister of marine and fisheries, to whom
this dispatch with inclosure has been referred, reports that Mr.
Seward states that “he is advised by the United States Secretary of
the Treasury that it is the practice of Canadian fishermen upon the
shores of Lake Ontario, in the neighborhood of the mouth of the
Niagara River, to cross into the United States and set their nets in
the lake a few rods from the American side, and running out across
the channel in which the fish reach the river, to the great injury
and chagrin of American fishermen plying their vocation there;
while,” Mr. Seward adds, “if an American fisherman happens to go to
the Canadian side with his nets for a like purpose, they are
immediately seized by the Canadian authorities.”
Mr. Seward further states that “the matter would seem to be one
calling for attentive consideration on the part of the Dominion
authorities,” and he expresses the desire of the American Government
“that an investigation be made, and that if the facts be proved as
represented, they will take proper measures to prevent these
fishermen from persisting in encroaching upon the rights and
privileges of the fishermen of the United States in the waters in
question.”
Upon this reference the minister reports that he has not been able to
ascertain that such a practice as that described by Mr. Seward
exists at the mouth of the Niagara River; but he is informed that
isolated acts of the kind complained of have very probably taken
place; that it is difficult, however, to obtain accurate information
from the fishermen on the subject; that it will be observed that the
unlawful acts complained of are stated to have occurred “within a
few rods of the American shore.” Their prevention would seem,
therefore, to rest with the authorities of the United States, rather
than with those of Canada.
It may possibly be intended to suggest that measures of prevention
might be taken in advance and whilst the Canadian fishermen are
still within Canadian jurisdiction. The fishermen in question all
understand, it is believed, that’ they have no treaty rights of
fishery on the American shore, and that they are doing an unlawful
act when they cast their nets there; and, on further consideration,
the minister believes it will be conceded that it is impracticable
to deal with or hinder such an offense beforehand, and whilst the
fisherman’s intention to visit American waters is either not formed
or known only to himself.
The minister states that he has made inquiry, and cannot learn that
any seizure of nets of American fishermen at the mouth of the
Niagara River has been made by the Canadian authorities, and he
believes that in this respect Mr. Seward has been misinformed.
A seizure, however, has been made by the American custom-house
officers of the nets of a Canadian fisherman for an offense such as
that described by Mr. Seward.
The minister has directed that instructions be sent to all officers
of his department to warn Canadian fishermen against plying their
vocation in American waters, and cautioning them that if they do,
they will expose themselves to be dealt with by the American
authorities; and he will at all times gladly co-operate with the
United States authorities in all efforts to protect the fisheries of
both countries.
The committee recommend that a copy of this minute when approved be
transmitted to Her Majesty’s minister at Washington for the
information of the United States Government.
Certified.
W. A. HIMSWORTH,
Clerk, Privy
Council, Canada.
