Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1886
No. 171.
Mr. Bayard
to Mr. Phelps.
Washington, June 18, 1886.
Sir: With reference to previous correspondence concerning the fisheries question, I transmit to you herewith a copy of a dispatch from our consul at Halifax, in relation to the recent instructions to Canadian officials concerning American fishing vessels.
I am, &c.,
Mr. Phelan to Mr. Porter.
Halifax, June 15, 1886. [Received June 18.]
Sir: I have the honor to report that I sent with dispatch No. 83, dated May 27, 1886, a circular issued by J. Johnson, Esq., Canadian commissioner of customs, known as Circular No. 371, dated May 7, 1886, containing instructions to customs collectors concerning foreign fishing vessels. I now inclose herewith a confidential circular of the same date and number issued by the same officer, with a note saying “that the confidential circular was to be substituted for the one of the same date and number previously received.”
It will be seen by comparing the circulars that the two last paragrahps in the first circular issued are stricken out and the following substituted in lieu thereof:
“Having reference to the above you are requested to furnish every foreign fishing vessel, boat, or fisherman found within three marine miles from shore with a copy of the warning inclosed herewith. If any fishing vessel or boat of the United States is found fishing, or to have been fishing, or preparing to fish, or, if hovering within the three-mile limit, does not depart within twenty-four hours after receiving such warning, you will place an officer on board such vessel and at once telegraph the facts to the fisheries department at Ottawa and await instructions.”
Everything about shipping crews, purchasing supplies, and trading is eliminated in the confidential circular.
I am, &c.,
Consul-General.
Confidential Circular No. 371.
Ottawa, May 7, 1886.
Sir: The Government of the United States having by notice terminated article 18 to 25, both inclusive, and article 30, known as the fishery articles of the Washington treaty, attention is called to following provision of the convention between the United States and Great Britain, signed at London on the 20th October, 1818:
“Article 1. Whereas, differences have arisen respecting the liberty claimed by the United States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, harbors and creeks, of his Britannic Majesty’s dominions in America, it is agreed between the high contracting parties that the inhabitants of the said United States shall have forever, in common with the subjects of his Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbors, and creeks, from Mount Joly on the southern coast of Labrador, to and through the Straits of Belle Isle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson’s Bay Company; and that the American fishermen shall also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbors, and creeks of the southern part of the coast of Newfoundland here above described, and of the coast of Labrador; but so soon as the same or any portion thereof shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground.
“And the United States hereby renounce forever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or harbors of his Britannic Majesty’s dominions in America, not included within the above-mentioned limits; provided, however, that the American fishermen shall be admitted to enter such bays or harbors for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any manner whatever abusing the privileges hereby reserved to them.”
Attention is also called to the following provisions of the act of the Parliament of Canada, cap. 61 of the acts of 1868, entitled “An act respecting fishing by foreign vessels”:
- (2)
- “Any commissioned officer of Her Majesty’s navy, serving on board of any vessel of Her Majesty’s navy, cruising and being in the waters of Canada for purpose of affording protection to Her Majesty’s subjects engaged in the fisheries, or any commissioned officer of Her Majesty’s navy, fishery officer, or stipendiary magistrate on board of any vessel belonging to or in the service of the (Government of Canada and employed in the service of protecting the fisheries, or any officer of the customs of Canada, sheriff, magistrate, or other person duly commissioned for that purpose, may go on board of any ship, vessel, or boat within any harbor in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors in Canada, and stay on board as long as she may remain within such place or distance.”
- (3)
- “If such Ship, vessel, or boat be bound elsewhere, and shall continue within such harbor, or so hovering for twenty-four hours after the master shall have been required to depart, any one of such officers or persons as are above mentioned may bring such ship, vessel, or boat into port and search her cargo, and may also examine the master upon oath touching the cargo and voyage; and if the master or person in command shall not truly answer the questions put to him in such examination he shall forfeit $400; and if such ship, vessel, or boat be foreign, or not navigated according to the laws of the United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors of Canada not included within the above-mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof shall be forfeited.
- (4)
- “All goods, ships, vessels, and boats, and the tackle, rigging, apparel, furniture, stores, and cargo liable to forfeiture under this act, may be seized and secured by any officers or persons mentioned in the second section of this act; and every person opposing any officer or person in the execution of his duty under this act, or aiding or abetting any other other person in any opposition, shall forfeit $800, and shall be guilty of a misdemeanor, and upon conviction be liable to imprisonment for a term not exceeding two years.”
Having reference to the above, you are requested to furnish any foreign fishing vessels, boats, or fishermen found within three marine miles of the shore, within your district, with a printed copy of the “warning” inclosed herewith. If any fishing vessel or boat of the United States is found fishing, or to have been fishing, or preparing to fish, or, if hovering within the three-mile limit, does not depart within twenty-four hours after receiving such “warning,” you will please place an officer on board such vessel and at once telegraph the facts to the fisheries department at Ottawa and await instructions.
Commissioner of Customs.