Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1886

[Inclosure in No. 369.—Senate Ex. Doc. No. 217, Forty-ninth Congress, first session.]

Message from the President of the United States, transmitting, in response to Senate resolutions of May 10 and July 10, 1886, a report of the Secretary of State relative to seizure and detentions of United States vessels in Canadian waters.

July 24, 1886.—Read and referred to the Committee on Foreign Relations and ordered to be printed

To the Senate of the United States:

In response to the resolutions of the Senate dated, respectively, May 10 and July 10, 1886, touching alleged seizures and detentions of vessels of the United States in British North American waters, I transmit herewith a report of the Secretary of State, with accompanying papers.

GROVER CLEVELAND.

Executive Mansion,
Washington, July 24, 1886.

To the President:

Responding to the accompanying resolutions, of the respective dates of May 10 and July 10, 1886, adopted by the Senate of the United States, and which were referred by the President to this Department, the undersigned, Secretary of State, has the honor to reply:

That the list hereunto appended gives all the cases of seizure or detention of American vessels in foreign ports since January 1, 1886, of which the Department of State has been informed; and, as it will be observed, no other cases of such seizure or detention have occurred than those in the ports of the Dominion of Canada, and under the alleged authority of the officials of that Government.

All of the vessels so seized or detained were vessels licensed for fishing under the laws of the United States.

They have all been released excepting the schooner David J. Adams, of Gloucester, Mass., which is still held in custody at Digby, Nova Scotia, her owners not having sought to procure her release by giving bond”.

The period for which each vessel was detained and the terms upon which they were respectively released are stated in the appended list.

Instantly upon receiving authentic information of an alleged seizure from the owners of the vessels or their agents, or from the consular officers of the United States in Canada, this Department gave instructions to the United States consular officers to [Page 350] make fall and careful investigation of the facts in each case; and wherever an infraction of treaty rights or the commercial rights and privileges of citizens of the United States appeared to have occurred, representation was promptly made to Her Britannic Majesty’s minister at this capital, calling for redress, and notification given of demand for compensation for all loss and injury to the vessels in question and their owners.

In order properly to assert and maintain the rights of our citizens and our international rights under conventions and by the law of nations which might he brought in question by these proceedings and by the action of the Canadian Government, the professional services of two gentlemen learned in the law—Mr. George W. Biddle, of the city of Philadelphia, and Mr. William L. Putnam, of the city of Portland, in Maine—were retained by the Executive; and since the 20th of May last these gentlemen have bestowed their careful consideration upon the circumstances and the law in connection therewith in each case.

Proceedings have been commenced in the vice-admiralty court at Halifax, Nova Scotia, in the name of Her Majesty the Queen as plaintiff, against the schooner David J. Adams and the schooner Ella M. Doughty in both of which cases the complaint is substantially the same. Copy is hereunto appended of the complaint signed by the solicitor for the attorney-general of the Dominion of Canada against the Ella M. Doughty, which sets forth at length the alleged grounds for the seizure and detention of that vessel.

Concurrently with these events, correspondence has begun and is still proceeding between this Department and the British minister at this capital, and also between the minister of the United States in London and the foreign office of Her Britannic Majesty’s Government, to obtain satisfactory recognition and enforcement of our rights under treaty and international law and the laws and commercial usages of both countries, which are brought in question by the action of the Canadian authorities in making the seizures and detentions of American fishing vessels herein referred to and described.

Pending this correspondence, which it is believed must soon terminate in an amicable settlement mutually just and honorable, and, therefore, satisfactory to both countries and their inhabitants, the undersigned is unable to recommend the President to communicate its contents in its present incomplete status, believing that to do so would not be compatible with the public interests as connected with the transactions referred to.

Respectfully submitted.

T. F. BAYARD.

Department of State,
Washington, July 24, 1886.

[List of inclosures.]

1.: Resolution of the Senate of the United States, May 10, 1886.
2.: Resolution of the Senate of the United States, July 10, 1886.
3.: List of vessels of the United States seized or detained since January 1, 1886.
4.: Text of the complaint filed by Her Britannic Majesty’s Government against the Ella M. Doughty (with a letter from William L. Putnam, dated July 13, 1886).

No. 1.

In the Senate of the United States,
May 10, 1886.

Resolved, That the President be requested to communicate to the Senate, if in his opinion not incompatible with the public interest, any information in the possession of the Government concerning the alleged seizure of the United States fishing vessel David J. Adams while engaged in lawful commerce in one of the ports in the Dominion of Canada, and what measures, if any, have been taken to protect fishing vessels of the United States while engaged in lawful commerce in the ports of the Dominion of Canada.

Attest:

ANSON G. McCOOK,
Secretary.

By

CHAS. W. JOHNSON,
Chief Clerk.

No. 2.

In the Senate of the United States,
July 10, 1886.

Resolved, That the President of the United States be requested, so far as in his opinion it may not be inconsistent with the public interest, to inform the Senate of all facts in his possession or that of the Department of State in regard to the seizure or detention in any foreign ports of any American vessels since January 1, 1886, and the pretext or alleged causes for such seizure, and all correspondence relating to the same, and what efforts have been made to procure redress for such seizures, and to prevent the recurrence thereof.

Attest:

ANSON G. McCOOK,
Secretary.

No. 3.

List of American fishing vessels seized by the authorities of Canada in the year 1886.

Vessel.	Home port	Master.	Seized.	Where seized.
*David J. Adams	Newburyport, Mass	Aldon Kinney	1886. May 7	Digby, N. S.
†Ella M. Doughty	Kennebunk, Me	Warren A. Doughty	May 17	Englishtown, C. B.
‡City Point	Booth Bay, Me	Stephen Keene	July 3	Shelburne, N. S.
‡George W. Cushing	Bath, Me	C. B. Jewett.	July 3	Do.
‡C. B. Harrington	Portland, Me.	John Frellick	July 3	Do.

List of American fishing vessels detained by the authorities of Canada in the year 1886.

Vessel.	Home port	Master.	Date.	Released.
*Joseph Storey	Essex, Mass		April 24, 1886, at Baddeck.	Apr. 25, 1886.
*Matthew Keany	Bathe, Me
Hereward	Essex, Mass	McDonald	July 3, 1886, at Canso

No. 4.

[Inclosure A.]

No. 473. In the vice-admiralty court at Halifax.

Her Majesty the Queen, Plaintiff,	}
against
The ship or vessel Ella M. Doughty and her cargo, Defendants.

Action for forfeiture of the said vessel and her cargo for violation of a certain convention between his late Majesty George the Third, King of the United Kingdom of Great Britain and Ireland, of the one part, and the United States of America, of the other part, made on the 20th day of October, 1818, and for violation of the act of the Parliament of the United Kingdom of Great Britain and Ireland, made and passed in the the fifty-ninth year of the reign of his late Majesty George the Third, King of the United Kingdom of Great Britain and Ireland, being chapter 38 of the acts of the said last-named Parliament, made and passed in the said year. Also, for forfeiture of the said [Page 352] vessel and her cargo for violation of chapter 61 of the acts of the Parliament of the Dominion of Canada, made and passed in the year 1868, and of chapter 15 of the acts of the said Parliament, passed and made in the year 1870, and of chapter 23 of the acts of the said Parliament, made and passed in the year 1871.

Writ issued on the 20th day of May, A. D. 1886.

1.: A certain convention between his late Majesty George the Third, King of the United Kingdom of Great Britain and Ireland, and the United States of America was made and signed at London on the 20th day of October, 1818, and by the first article thereof after that differences had arisen respecting the liberty claimed by the said United States for the inhabitants thereof to take, dry, and cure fish on certain coasts, bays, harbors, and creeks of his Britannic Majesty’s domains in America, it was agreed between the high contracting parties that the inhabitants of the said United States should 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 coasts of Newfoundland, and 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 exclusive rights of the Hudson Bay Company; and that the American fishermen should also have liberty forever to dry and cure fish on any of the unsettled harbors and creeks of the southern part of the coast of Newfoundland, and there above described and of the coast of Labrador; but so soon as the same or any portion thereof should be settled it should not be lawful for tie said fishermen to dry and cure fish at such portion so settled without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground, and the said United States thereby renounced forever any liberty theretofore enjoyed or claimed by the inhabitants thereof to take, dry, or cure fish on or within 3 marine miles of any of the coasts, bays, creeks, or harbors of His Majesty’s dominions in America not included within the above-mentioned limits; provided, however, that the American fishermen should be admitted to enter such bays or harbors for the purpose of shelter and repairing damages therein, of purchasing wood, and of obtaining water, and for no other purposes whatever. But they should be under such restrictions as might be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges thereby reserved to them.
2.: That a certain act of the Parliament of the United Kingdom of Great Britain and Ireland was made and passed in the fifty-ninth year of the reign of his late Majesty King George the Third, being chapter 38 of the acts of the said Parliament, made and passed in the fifty-ninth year of the reign of his said late Majesty King George the Third, and entitled “An act to enable his Majesty to make regulations with respect to the taking and curing of fish on certain parts of the coast of Newfoundland, Labrador, and his Majesty’s other possessions in North America according to a convention made between his Majesty and the United States of America,”
3.: That on the 29th day of March, A. D. 1867, a certain other act of the Parliament of the United Kingdom of Great Britain and Ireland was made, and being chapter 3 of the acts of the said Parliament passed in the thirtieth and thirty-first years of the reign of her present Majesty Victoria, Queen of the United Kingdom of Great Britain and Ireland, and being entitled “An act for the union of Canada, Nova Scotia, and New Brunswick and the government thereof, and for purposes connected therewith,” which said act is cited and known as the British North America act of 1867.
4.: That a certain act of the Parliament of Canada was made and passed in the thirty-first year of the reign of her said Majesty Queen Victoria, being chapter 61 of the acts of the said Parliament made and passed in the year 1868, and being entitled “An act respecting fishing by foreign vessels.” And a certain other act of the Parliament of Canada was made and passed in the thirty-third year of the reign of her said Majesty Queen Victoria, being chapter 15 of the acts of the Parliament made and passed in the year 1870, and being entitled “An act to amend the act respecting fishing by foreign vessels.” And in the thirty-fourth year of the reign of Her Majesty Queen Victoria a certain other act of said Parliament of Canada, being chapter 15 of the acts of the said Parliament of Canada, was made and passed, being entitled “An act farther to amend the act respecting fishing by foreign vessels,” was made and passed, being chapter 23 of the acts of the said Parliament made and passed in 1871.
5.: That the said convention and the said several acts hereinbefore mentioned were and are still in full force and effect.
6.: The harbor of St. Anne’s, situate in the county of Victoria, in the Province of Nova Scotia, together with its outlet to the Bay of St. Anne’s, and also the said Bay of St. Anne’s, all hereinafter designated as the bay and harbor of St. Anne’s, are a portion of the dominions in America formerly of his late Majesty George the Third, King [Page 353] of the United Kingdom of Great Britain and Ireland, and now of Her Majesty Queen Victoria, Queen of the United Kingdom of Great Britain and Ireland, and not included or lying on that part of the southern coast of Newfoundland, and which extends [from] Cape Ray to the Rameau Islands, on the western and northern coasts of Newfoundland, and from the said cape to the Quirpon Islands, on the shores of the Magdalen Islands, or 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.
7.: That the said ship Ella M. Doughty, whereof one Warren A. Doughty, who was not a natural-born subject of Her Majesty, was or is master, is a foreign ship or vessel not navigated according to the laws of Great Britain and Ireland, or according to the laws of Canada, but was and is a ship of the United States of America owned by foreigners; that is to say, by persons residing in and being citizens of the United States of America, where the said ship or vessel was built and enrolled, and the said ship or vessel Ella M. Doughty was at the time hereinafter mentioned licensed and permitted to carry on the fisheries under and in pursuance of the acts of the United States of America, and was engaged in the prosecution of the fisheries and on a fishing voyage, and was and is without a license to fish or any license whatsoever in that behalf from the Government of Canada or of Nova Scotia under the statutes of Canada or of Nova Scotia in that behalf.
8.: Between the 10th and 17th days of May, 1833, the said Warren A. Doughty, the master of the said ship or vessel Ella M. Doughty, and the officers and crew of the said ship or vessel Ella M. Doughty, did in and with the said ship or vessel Ella M. Doughty enter into the bay and harbor of St. Anne’s aforesaid within three marine miles of the shore of said bay and harbor of St. Anne’s, and within three miles of the coasts, hays, creeks, and harbors of those portions of the dominions in America of his said late Majesty King George the Third, being now the dominions in America of Her Majesty Queen Victoria not included in the limits specified and defined in the said first article of the said convention and set out and recited in the first paragraph hereof, for the purpose of procuring bait, that is to say, herrings, wherewith to fish, and ice for the preservation on board said vessel of bait to be used in fishing and of fresh fish to be fished for, taken, and caught by and upon the said vessel and by the master, officers, and crew thereof, and did procure such bait wherewith to fish, and such ice for the purposes aforesaid, and did so enter for other purposes than for the purposes of shelter or repairing damages, or of purchasing wood or of obtaining water, contrary to the provisions of the said convention and of the said several acts, and the said vessel Ella M. Doughty and her cargo were thereupon seized within three marine miles of the coast or shores of the said bay and harbor of St. Anne’s by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for the breach or violation of the said convention and of the said several acts.
9.: The said Warren A. Doughty, the master of the said ship or vessel Ella M. Doughty, and the officers and crew of the said ship or vessel Ella M. Doughty, did, between the 10th and 17th days of May, 1886, and subsequently, in the said ship or vessel Ella M. Doughty, in the bay and harbor of St. Anne’s aforesaid, did, and while he and they and the said ship or vessel Ella M. Doughty were within three marine miles of the coasts or shores of the said bay and harbor of St. Anne’s, and within three marine miles of the coasts, shores, bays, creeks, and harbors of those portions of the dominions in America of his said late Majesty King George the Third, being now the dominions in America of Her Majesty Queen Victoria not included within the limits specified and defined in the said first article of the said convention and set out and recited in the said first paragraph hereof, fish for fish and take fish, and did dry and cure fish, and were preparing to fish within the meaning of the said convention, and of the said several acts hereinbefore mentioned, contrary to the provisions of the said convention and of the said acts, and the said vessel Ella M. Doughty and her cargo were thereupon seized, within three marine miles of the coast or shores of the said bay and harbor of St. Anne’s, by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for violation of the said convention and of the said several acts.
10.: The said Warren A. Doughty, the master of the said ship or vessel Ella M. Doughty, and the officers and crew of the said ship or vessel Ella M. Doughty, were between the said 10th and 17th days of May, 1886, and subsequently, in the said ship or vessel Ella M. Doughty in the bay and harbor of St. Anne’s aforesaid, and while he and they were within 3 marine miles of the coasts, shores, bays, creeks, and harbors of those portions of the dominions in America of his late Majesty King George the Third, being now the dominions in America of Her Majesty Queen Victoria, not included within the limits specified and defined in the said first article of the said convention, and set out and recited in the first paragraph hereof, preparing to fish within the meaning of the convention and of the said convention and of the several acts hereinbefore mentioned, contrary to the provisions of the said convention and of the several acts, and of the said vessel Ella M. Doughty and her cargo were thereupon seized [Page 354] within 3 marine miles of the coasts or shores of the said hay and harbor of St. Anne’s by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for breach or violation of the said convention and of the said several acts.
11.: Between the said 10th and 17th days of May, and subsequently, in the said bay and harbor of St. Ann’s within 3 marine miles of the shore thereof, and within 3 marine miles of the coasts, bays, creeks, and harbors of those portions or parts of the dominions in America of his late Majesty King George the Third being now the dominion in America of her present Majesty Queen Victoria, not included within the limits specified and defined in the said first article of the said convention, and set out and recited in the first paragraph hereof, the said ship or vessel Ella M. Doughty was found to be fishing within the said distance of 3 marine miles of the said coasts, bays, creeks, and harbors, contrary to the provisions of the said convention and of the said several acts, and the said vessel Ella M. Doughty and her cargo were thereupon seized, within 3 marine miles of the coasts or shores of said bay and harbor of St. Anne’s, by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for breach or violation of the said convention and of the said several acts.
12.: Between the said 10th and 17th days of May, 1886, and subsequently thereto, in the said bay and harbor of St. Anne’s, within 3 marine miles of the shores thereof and within 3 marine miles of the coasts, bays, creeks, and harbors of those parts or portions of the dominions in America of his said late Majesty King George the Third, being now the dominions in America of her present Majesty Queen Victoria, not included in the limits specified and defined in the said first article of said convention, and set out and recited in the first paragraph hereof, the said ship or vessel Ella M. Doughty was found to have been fishing within the said distance of 3 marine miles of the said coasts, bays, creeks, and harbors, contrary to the provisions of the said convention and of the said several acts, and the said vessel Ella M. Doughty and her cargo was thereupon seized within 3 marine miles of the coasts or shores of the said bay and harbor of St. Anne’s, by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for breach or violation of the said convention and of the said several acts.
13.: Between the said 10th and 17th days of May, 1886, and subsequently, in the said bay and harbor of St. Anne’s, within 3 marine miles of the shores thereof and within 3 marine miles of the coasts, bays, creeks, and harbors of those parts or portions of the dominions in America of his said late Majesty George the Third, being now the dominions in America of her present Majesty Queen Victoria, not included within the limits specified and defined in the said first article of the said convention and set out and recited in the first paragraph hereof, the said ship or vessel Ella M. Doughty was found to be preparing to fish within the said distance of 3 marine miles of the said coasts, bays, creeks, and harbors, contrary to the provisions of the said convention and of the said several acts, and the said vessel Ella M. Doughty and her cargo was thereupon seized, within 3 marine miles of the coasts or shores of the said bay or harbor of St. Anne’s, by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for violation of the said convention and of the said several acts.
14.: During the months of April and May, 1886, the said Warren A. Doughty, master, and the officers and crew of the said ship or vessel Ella M. Doughty, did, in the said ship or vessel Ella M. Doughty, enter within 3 marine miles of the coast, bays, creeks, and harbors, contrary to the provisions of the said convention of the Province of Nova Scotia, being a portion of the dominions of America of his late Majesty King George the Third, and now of her said Majesty Queen Victoria, not included within the limits specified and defined in the said first article of the said convention and set out and recited in the first paragraph hereof, for the purpose of procuring bait, that is to say, herrings, wherewith to fish, and ice for the preservation on board said vessel of bait to be used in fishing, and of fresh fish to be fished for, taken, and caught by and upon the said vessel, and by the master, officers, and crew thereof, and procure such bait wherewith to fish, and such ice for the purpose aforesaid, and did so enter for other purposes than the purpose of shelter or repairing damages, or of purchasing wood, or of obtaining water, contrary to the provisions of the said convention and of the several acts, and the said vessel Ella M. Doughty and her cargo were thereupon seized, within 3 marine miles of the coast or shore of the said Province of Nova Scotia, by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for breach of the said convention and of the said several acts.
15.: During the months of April and May, 1886, the said Warren A. Doughty, the master of the said ship or vessel Ella M. Doughty, and the officers and crew of the said ship or vessel Ella M. Doughty, did in the said ship or vessel Ella M. Doughty, and while he and they and the said ship or vessel Ella M. Doughty were within 3 marine miles of the coasts, bays, creeks, and harbors of the Province of Nova Scotia, [Page 355] being a portion of the dominions in America formerly of his late Majesty King George the Third, and now of Her Majesty Queen Victoria, not included in the limits specified and defined in the said first article of the said convention, and set out and recited in the said first paragraph hereof, fish for fish, take fish, and dry and cure fish, and were preparing to fish within the meaning of the said convention and of the said several acts, and the said vessel Ella M. Doughty and her cargo were thereupon seized, within 3 marine miles of the coasts or shares of the said Province of Nova Scotia, by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for breach or violation of the said convention and of the said several acts.
16.: During the months of April and May, 1886, the said Warren A. Doughty, the master of the said ship or vessel Ella M. Doughty, and the officers and crew of the said ship or vessel Ella M. Doughty, were in the said ship or vessel Ella M. Doughty, and while he and they and the said ship or vessel Ella M. Doughty were within 3 marine miles of the coasts, bays, creeks, and harbors of the Province of Nova Scotia, being a portion of the dominions in America formerly of his late Majesty King George the Third, and now of Her Majesty Queen Victoria, not included within the limits specified and defined in the said first article of the said convention set out and recited in the first paragraph hereof, preparing to fish within the meaning of the said convention and of the several acts hereinbefore mentioned, contrary to the provisions of the said convention and of the said several acts, and the said vessel Ella M. Doughty and her cargo were thereupon seized, within 3 miles of the coasts or shores of the said Province of Nova Scotia, by Donald McAuley and Lauchlin G. Campbell, officers of the customs of Canada, as being liable to forfeiture for violation of the said convention and of the said several acts.

The Hon. John S. D. Thompson, Her Majesty’s attorney-general for the Dominion of Canada, on behalf of Her Majesty the Queen, claims the condemnation of the said ship and her cargo and her guns, ammunition, tackle, apparel, furniture, and stores for violation of the said convention and of the said several acts.

WALLACE GRAHAM,
Solicitor for the Attorney-General of Canada.