Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 6, 1886
No. 236.
Sir L.
West to Mr. Bayard.
Sir: With reference to your note of the 30th of July last, I am instructed by the Earl of Iddesleigh to communicate to you the inclosed copy of a dispatch, with its inclosures, from the officer administering the Government of Canada, respecting the action of the customs officer at Magdalen Islands, in the case of the United States fishing vessel Mascotte.
I have, &c.,
Acting Governor Lord A. G. Russell to Mr. Stanhope.
Sir: With reference to your telegraphic message of the 22d August, and to your dispatch of the 25th of August, marked Secret, transmitting copy of a dispatch from Her Majesty’s chargé d’affaires at Washington, with a note from Mr. Bayard, complaining of the action of the customs officer at Magdalen Islands with reference to the American fishery schooner Mascotte. I have the honor to forward herewith a copy of an approved minute of the privy council of Canada, embodying a report of the minister of marine and fisheries on the subject.
I have, &c.,
General.
Report of a committee of the honorable the privy council, approved by his excellency th administrator of the Government in council for Canada on the 30th day of October, 1886.
The committee of the privy council have had under consideration a telegram of the 22d August and a dispatch of the 25th August last, from the right honorable the secretary of state for the colonies, transmitting copy of a letter from Her Majesty’s minister at Washington, inclosing a note from Mr. Secretary Bayard, complaining of the action of the customs officer at Magdalen Islands, with reference to the American fishing schooner Mascotte.
The minister of marine and fisheries, to whom the correspondence was referred, observes that Mr. Bayard, in his note to the British minister at Washington, says:
“I am also in possession of the affidavit of Alex. T. Vachem,* master of the American fishing schooner Mascotte, 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 take a pilot.”
And from a report of the customs officer at Magdalen Islands, a copy of which, so far as it relates to the case in point, is hereto annexed, it appears that no grounds exist for the complaint made by the master of the Mascotte.
The minister states that Captain Vachem [McEachern] was served with a printed copy of the “warning,” and was, in addition, informed by the collector that under the treaty of 1818 he had no right to buy bait or to ship men. He was not forbidden to take fish, but, on the contrary, the collector pointed out to him on the chart the places in which, by the convention of 1818, he, as a United States fisherman, had the right to inshore fishing, and one of the places so pointed out to him was the Magdalen Islands.
Notwithstanding the “warning” and the personal explanation of the collector, it appears that Captain Vachem [McEachern] did go up the country and attempt to hire men, and upon his return informed the collector that he could not get any. For this, clearly an illegal act, he was not interfered with by the collector.
The minister further observes that the convention of 1818, while it grants to United States fishermen the right of fishing in common with British subjects on the shores of the Magdalen Islands, does not confer upon them privileges of trading or of shipping men, and it was against possible acts of the latter kind, and not against fishing inshore, or seeking the rights of hospitality guaranteed under the treaty, that Captain Vachem [McEachern] was warned by the collector.
With reference to the remarks of the colonial secretary that “Her Majesty’s Government would recommend that special instructions should be issued to the authorities at the places where the inshore fisheries has been granted by the convention of 1818 to the United States fishermen, calling their attention to the provisions of that convention, and warning them that no action contrary thereto may be taken in regard to United States fishing vessels,” the minister states that the circular instructions issued to collectors of customs recite the articles of the convention of 1818, which grant to United States fishermen the right to take fish upon the shore of the Magdalen Islands, and of certain parts of the coasts of Labrador and Newfoundland, which instructions the collector in question had received, and the import of which his report shows him to be familiar with.
In addition to this, the commander of the fishery protection steamer La Canadienne was ordered to visit Magdalen Islands, and explain fully to collectors there the extent of their powers.
The minister, in view of these instructions, printed and oral, does not deem it necessary to send further special orders.
The committee, concurring in the foregoing report, advise that your excellency be moved to transmit a copy hereof, if approved, to the right honorable the secretary of state for the colonies.
All which is respectfully submitted for your excellency’s approval.
Clerk, Privy Council.
Mr. Poinchaud to the Minister of Marine and Fisheries.
August 28, 1886.
Sir: I beg to acknowledge the receipt of your telegram respecting captain of the schooner Mascotte’s report in reference to my having threatened him with seizure.
I replied, on receipt: “Mascotte information incorrect. Particulars per mail Tuesday.”
[Page 487]Particulars: On arrival of the captain I served him a “warning” personally; informed him he could not buy [(?) bait] or ship men.
I say this to all American fishermen. He tried, however, to hire; went up the country to hire, but could not hire a man.
I saw him and men go up, and on his return he told me he could not hire. I did not oppose him. He attended halibutting at Seven Islands, Dominion. I found this out since. I deny having said I would seize him if he obtained bait, himself or crew. I did not use the term, but it suits the captain or owners to use it, as it serves their meaning to make the report good.
I particularly showed him where, on the chart, he had the right to fish inshore, to wit, at the Magdalen Islands, Cape Ray, &c., as per treaty in my hands then.
I think I was very lenient with him and all American fishermen calling here, knowing their privileges.
I treated them so gentlemanly that I am surprised to hear he made the above inaccurate report to you.
Yours, &c.,
Collector of Customs.
- So to the British copy, The master’s name is Alex. McEachern, (See Doc. No. 66, page 147.)↩