[Inclosure 1 in note of December 7,
1886.]
Acting Governor Lord A. G.
Russell to Mr. Stanhope.
Halifax, Nova Scotia, October 27, 1886.
Sir: I have the honor to transmit herewith
a copy of an approved minute of the privy council of Canada,
expressing the regret of my Government at the action of the captain
of the Canadian cutter Terror in lowering the United States flag
from the United States fishing schooner Marion Grimes, of
Gloucester, Mass., while that vessel was under detention at
Shelburne, Nova Scotia, by the collector of customs at that port for
an infraction of the customs regulations.
I have communicated a copy of this order in council to Her Majesty’s
minister at Washington.
I have, &c.,
[Inclosure 2.]
Report of a committee of the honorable the privy
council for Canada, approved by his excellency the administrator
of the Governmemt in council on the 26th October,
1886.
On a report, dated the 14th October, 1886, from the Hon. Mackenzie Bo
well, for the minister of marine and fisheries, stating that on
Monday, the 11th October instant, the United States fishing schooner
Marion Grimes, of Gloucester, Mass., was under detention at
Shelburne, Nova Scotia, by the collector of customs at that port for
an infraction of the customs regulations; that while so detained,
and under the surveillance of the Canadian Government cutter Terror,
the captain of the Marion Grimes hoisted the United States flag.
The minister farther states that it appears that Captain Quigley, of
the Terror, considered such act as an intimation that there was an
intention to rescue the vessel, and requested Captain Landry to take
the flag down. This request was complied with. An hour later,
however, the flag was again hoisted, and on Captain Landry being
asked if his vessel had been released, and replying that she had
not, Captain Quigley again requested that the flag be lowered. This
was refused, when Captain Quigley himself lowered the flag, acting
under the belief that while the Marion Grimes was in possession of
the customs authorities, and until her case had been adjudicated
upon, the vessel had no right to fly the United States flag.
The minister regrets that he should have acted with undue zeal,
although Captain Quigley may have been technically within his right
while the vessel was in the custody of the law.
The committee advise that your excellency be moved to forward a copy
of this minute, if approved, to the right honorable the secretary of
state for the colonies, and to Her Hajesty’s minister at Washington,
expressing the regret of the Canadian Government at the
occurrence.
All of which is respectfully submitted for your excellency’s
approval.
JOHN J. McGEE,
Clerk, Privy
Council.
