No. 223.
Sir L. West to Mr. Bayard.

Sir: With reference to your note of the 14th June relative to certain warnings alleged to have been given to United States fishing vessels by the subcollector of customs at Canso, I have the honor to inclose to you herewith by instruction, from the Earl of Iddesleigh an extract from an approved report of the Canadian privy council dealing with this question.

I have, &c.,

L. S. SACKVILLE WEST.
[Inclosure in note of October 12, 1886.]

Extract from a certified copy of a report of a committee of the honorable the privy council approved by his excellency the administrator of the Government in council on the 16th August, 1886.

The committee of the privy council have had under consideration a dispatch, dated 15 July, 1886, from the secretary of state for the colonies, in which he asks for a report from the Canadian Government on the subject of an inclosed note from Mr. Secretary Bayard to the British minister at Washington relating to certain warnings alleged to have been given to United States fishing vessels by the subcollector of customs at Canso. Mr. Bayard states:

  • First. That the masters of the four American fishing vessels of Gloucester, Mass., Martha C. Bradley, Rattler, Eliza Boynton, and Pioneer, have severally reported to the consul-general at Halifax that the subcollector of customs at Canso had warned them to keep outside an imaginary line drawn from a point three miles outside Canso head to a point three miles outside St. Esprit on the Cape Breton coast.
  • Second. That the same masters also report that they were warned against going “inside an imaginary line drawn from a point three miles outside North Cape, in Prince Edward Island, to a point three miles outside East Point on the same island.
  • Third. That the same authority informed the masters of the vessels referred to that they would not be permitted to enter Bay Chaleur.

The minister of marine and fisheries, to whom the dispatch and inclosures were referred, observes that the instructions issued to collectors of customs authorized them in certain cases to furnish United States fishing vessels with a copy of the circular hereto attached, and which constitutes the only official “warning” collectors of customs [Page 416] are empowered to give. It was to be presumed that the subcollector of customs at Canso, as all other collectors, would carefully follow out the instructions as received, and that therefore no case such as that alleged by Mr. Secretary Bayard would be likely to arise.

The minister states, however, so soon as the dispatch above referred to was received he sent to the subcollector at Canso a copy of the allegations, and requested an immediate reply thereto.

The subcollector, in answer, emphatically denies that he has ordered any American vessel out of any harbor in his district or elsewhere, or that he did anything in the way of warning, except to deliver copies of the official circular above alluded to, and states that he boarded no United States vessel other than the Annie Jordan and the Hereward, and that neither the Martha C. Bradley, Rattler, or Pioneer, of Gloucester, have, during this season, reported at his port of entry. He, with equal clearness, denies that he has warned any United States fishing vessels to keep outside the line drawn from Cape North to East Point, alluded to by Mr. Secretary Bayard, or that they would not be permitted to enter Bay des Chaleurs.

The minister has every reason to believe the statements made by the subcollector at Canso, and, taking into consideration all the circumstances of the case, is of the opinion that the information which has reached the Secretary of State does not rest upon a trustworthy basis.

With reference to the concluding portion of Mr. Bayard’s note, the minister observes that the occasion of the present dispatch, which has to deal mainly with questions of fact, does not render it necessary for him to enter upon any lengthened discussion of the question of headland limits.