No. 261.
Mr. Boutelle to Mr. Bayard.

Sir: Acknowledging receipt of your letter of 13th instant, stating that the view presented by me will receive due consideration, I beg to inclose herewith the affidavit of Stephen R. Balkam, of Eastport, setting forth the facts of the refusal of the commander of the cruiser Middleton to permit him to purchase herring at St. Andrews, New Brunswick, on Friday, July 9, 1886, as referred to in the telegram forwarded by me to the Department on the 10th instant.

I am, &c.,

C. A. BOUTELLE.
[Inclosure.]

Affidavit of Stephen R. Balkam.

I, Stephen R. Balkam, of Eastport, in the county of Washington, State of Maine, on oath declare that on Friday morning, July 9, 1886, I was at St. Andrews, N. B. My business was to procure herring for canning. I am employed by Hiram Blanchard & Son. The Dominion cruiser Middleton was at anchor near the beacon at St. Andrews. A boat from the Middleton, commanded by Capt. William Kent, came alongside of my boat and asked if my boat was American, and where my boat was owned. I replied that the boat was owned at Eastport, Me. He then said I could not take any herring, and if I took any would be liable to be seized. He told me if I wished to get herring I must get an English boat; that I could not get herring with an American boat. It had been my practice to buy the herring of men who caught them in seines, they delivering the herring in the gunwale of my boat. On the day the Middleton drove me away I was paying $10 per hogshead for the herring. The men of whom I bought them were Dominion fishermen. The captain of the Middleton then left me and went to other American boats and ordered them away. They left without having procured any fish. I took an English boat in tow that had taken fish from the seine, towed her into American waters, then took her fish, and came to Eastport.

STEPHEN R. BALKAM.

N. B. NUTT,
Justice of the Peace.