Papers Relating to the Foreign Relations of the United States, For the Year 1887, Transmitted to Congress, With a Message of the President, June 26, 1888
No. 328.
Sir L. S.
Sackville West to Mr. Bayard.
Sir: With reference to your letters† of the 19th and 20th October, I have the honor to transmit to you herewith reports from the Government of Canada relative to the cases of the United States fishing vessels. Pearl Nelson and Everett Steele, which I have been instructed by the Earl of Iddesleigh to communicate to the United States Government.
I have, etc.,
The Marquis of Lansdowne to Mr. Stanhope.
Sir: I have the honor to transmit herewith a copy of an approved minute of the privy council of Canada, furnishing the report asked for in your telegraphic message [Page 498] of the 6th November, with reference to the detention of the American schooner Everett Steele, at Shelburne, Nova Scotia, for an infraction, of the customs regulations of the Dominion.
I have, etc.,
Report of a committee of the honorable the privy council for Canada, approved by his excellency the governor-general in council, on the 18th November, 1886.
The committee of the privy council are in receipt of a telegram from the right honorable the secretary of state for the colonies, in the words:
“United States Government protest against proceedings of Canadian authorities in the case of Pearl Nelson and Everett Steele, said to have put into Arichat and Shelburne, respectively, for purposes sanctioned by convention. Particulars by post. Send report soon as possible.”
The minister of marine and fisheries, to whom the telegram was referred, submits that the schooner Everett Steele appears from the report of the collector of customs at Shelburne to have been at that port on the 25th March last, and sailed without reporting. On her return to Shelburne in September she was detained by the collector of customs for an infraction of the customs law.
The captain having assured the collector that he had been misled by the deputy harbor-master, who informed him his vessel could remain in port for twenty-four hours without entering, and that he had no intention of violating the customs regulations, this statement was reported to the minister of customs at Ottawa, when the vessel was at once allowed to proceed to sea, and that no evidence is given of any desire or intention of denying to the captain of the Everett Steele any treaty privileges he was entitled to enjoy.
The committee, concurring in the above, respectfully recommend that your excellency be moved to transmit a copy of this minute, if approved, to the right honorable the secretary of state for the colonies.
All of which is respectfully submitted for your excellency’s approval.
Clerk Privy Council.
The Marquis of Lansdowne to Mr. Stanhope.
Sir: With reference to your telegraphic message of the 6th instant, asking to be furnished with a report in the case of the Pearl Nelson and Everett Steele, I have the honor to transmit herewith a copy of an approved minute of the privy council of Canada, embodying a report of my minister of marine and fisheries, to which is appended a copy of the correspondence which has passed between the commissioner of customs for Canada and the United States consul-general at Halifax relating to the case of the American schooner Pearl Nelson.
I have, etc.,
Report of a committee of the honorable the privy council for Canada, approved by his excellency the governor-general in council, on the 18th November, 1886.
The committee of the privy council are in receipt of a telegram from the right honorable the secretary of state for the colonies, in the words:
“United States Government protest against proceedings of Canadian authorities in case of Pearl Nelson and Everett Steele, said to have put into Arichat and Shelburne, respectively, for purposes sanctioned by convention. Particulars by post. Send report soon as possible.”
The minister of marine and fisheries, to whom the telegram was referred, submits a copy of a letter addressed by the commissioner of customs for Canada to the consul-general of the United States at Halifax, and also a copy of Mr. Phelan’s reply thereto.
The minister submits that it is clear, from Captain Kempt’s affidavit, that he was guilty of an infractionof the customs regulations in allowing men to land from his vessel before she had been reported, and the minister of customs having favorably [Page 499] considered Captain Kempt’s representations as to Ms ignorance of the customs regulations requiring that vessels should be reported before landing either men or cargo therefrom, has remitted the fine of $200 which had been imposed in the case of the American schooner Pearl Nelson.
The minister further submits that it would appear from the collector of customs’ report that his remark that “he would seize the vessel” had reference solely to her violation of the customs law, and that no evidence is given of any desire or intention of denying to the captain of the Pearl Nelson any treaty privileges he was entitled to enjoy.
The committee, concurring in the above, respectfully recommend that your excellency be moved to transmit a copy of this minute, 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, Canada.
Mr. Parmelee to Mr. Phelan.
. Sir: I have the honor to acknowledge the receipt of your letter of the 11th instant, re seizure of the American schooner Pearl Nelson for an infraction of the customs laws, etc.
The commissioner of customs’-report in connection with this matter, which has been approved by the minister of customs, reads as follows:
“The undersigned, having examined this case, has come to the conclusion that the captain of the vessel did violate the provisions of sections 25 and 180 of ‘the customs act, 1883,’ by landing a number of his crew before going to the custom-house to report; that his plea of having come into port solely from stress of weather is inconsistent with the circumstances, and is denied by the collector of customs, who reports that the night was one of the finest and most moderate experienced there this summer,’ and that ‘his crew were landed only in the morning.’ That even if the ‘stress of weather’ plea was sustained by facts it would not exempt him from the legal requirement of reporting his vessel before ‘breaking bulk’ or landing his crew, and it is evident that there was nothing to hinder his reporting, as the crew appear to have had no difficulty in handling the vessel’s boats; that it was very easy for the crew or any of them to have taken valuable contraband goods ashore on their persons in the absence of any customs officer at the landing-place. Inasmuch, however, as there is no charge of actual smuggling preferred against the vessel, the undersigned respectfully recommends that the deposit of $200 be refunded, deducting therefrom any expenses incurred.
“J. Johnson.”
I trust the above may be considered a satisfactory answer to your letter referred to,
I have, etc.,
Assistant Commissioner.
Mr. Phelan to Mr. Parmelee.
Sir: I have the honor to acknowledge the receipt of your communication of the 22d ultimo, concerning the action of the customs department of Canada in the case of the American schooner Pearl Nelson, and to say I was much pleased at the decision arrived at in that case. I have informed the Government of the United States that the fine in the case referred to was ordered to be refunded.
I have also to say that the Department of State, in acknowledging the receipt of a dispatch from me setting forth that you Lad placed all the papers in the cases 6f the American schooners Crittenden and Holbrook in my hands for perusal, said:” The attention of Mr. Parmelee in referring the matter to you is appreciated. It shows a proper spirit.”
I trust the department of customs will pass on the other cases as soon as possible,
I have, etc.
Consul-General.
- Printed p. 421 Foreign Relations, 1886.↩