No. 204.
Mr. Bayard to Sir L.
West.
Washington, July 30, 1886.
Sir: It is my duty to draw your attention to an infraction of the stipulations of the treaty between the United States of America and Great Britain, concluded October 20, 1818;
By the provisions of Article I of that convention the liberty to take fish of every kind, forever, in common with the subjects of His Britannic Majesty is secured to the inhabitants of the United States “on that part of the southern coast of Newfoundland, which extends from Cape Bay to the Rameau Islands, on the western and northern coast of Newfoundland, [Page 394] from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands,” and on the other coasts and shores in the said article set forth.
Notwithstanding these plain provisions, I regret to be obliged to inform you that by the affidavit of the master of the American fishing vessel Thomas F. Bayard, that being at Bonne Bay, which is on the western coast of Newfoundland within the limits specified in Article I of the convention referred to, the master of the said vessel was formally notified by one N. N. Taylor, the officer of customs at that point, that his vessel would be seized if he attempted to obtain a supply of fish for bait or for any other transaction in connection with fishing operations within three marine miles of that coast.
To avoid the seizure of his vessel the master broke up his voyage and returned home.
I am also in possession of the affidavit of Alexander T. Eachern, master of the American fishing schooner Mascot, who entered Port Amherst, Magdalen Islands, and was there threatened by the customs official with seizure of his vessel if he attempted to obtain bait for fishing or to take a pilot.
These are flagrant violations of treaty rights of their citizens for which the United States expect prompt remedial action by Her Majesty’s Government; and I have to ask that such instructions may be issued forthwith to the provincial officials of Newfoundland and of the Magdalen Islands as will cause the treaty rights of citizens of the United States to be duly respected.
For the losses occasioned in the two cases I have mentioned, compensation will hereafter be expected from Her Majesty’s Government when the amount shall have been accurately ascertained.
I have, &c.,