No. 329.
Sir L. S. Sackville West to Mr. Bayard .

Sir: With reference to your note* of the 23d of September last, I have the honor inclose to you herewith a copy of a dispatch from the governor-general of Canada to Her Majesty’s secretary of state for the colonies, inclosing a report from his Government on the case of the United States fishing vessel Crittenden.

I have, etc.,

L.S. Sackville West.
[Inclosure 1.]

Lord Lansdowne to Mr. Stanhope .

Sir: In reply to your dispatch of the 12th of October last, transmitting a copy of a letter with its inclosure from the foreign office, requesting to be furnished with a report in the case of the United States fishing vessel Crittenden, I have the honor to forward 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 statement of the customs officer at Steep Creek on the subject.

I have, etc.,

[Inclosure 2.]

Certified copy of a report of a committee of the honorable the privy council, approved by his excellency the governor-general in council, on the 16th November, 1886.

The committee of the privy council have had under consideration a dispatch, dated 12th October, 1886, from the secretary of state for the colonies, transmitting a copy of a letter from Mr. Bayard, United States Secretary of State, to the British minister at Washington, calling attention to an alleged denial of the rights guaranteed by the convention of 1818 in the case of the American fishing schooner Crittenden by the customs officer at Steep Creek, in the Straits of Canso, Nova Scotia.

The minister of marine and fisheries, to whom the dispatch and inclosure were referred, submits a statement of the customs officer at Steep Creek, and observes that the captain of the Crittenden violated the customs laws by neglecting to enter his vessel, as requested by the customs officer, and landing and shipping a man clearly exceeded any treaty provision he was entitled to avail himself of.

It would appear that the remark made by the customs officer “that he would seize the vessel” had reference solely to the captain’s violation of the customs regulations, and, the minister submits, cannot be construed into a denial of any treaty privileges the master was entitled to enjoy.

The committee, concurring in the above, respectfully recommended that your excellency be moved to inform the right honorable the secretary of state for the colonies in the sense of the report of the ministry of marine and fisheries.

All which is respectfully submitted for your excellency’s approval.

John J. McGee,
Cleric Privy Council.
[Inclosure 3.]

Mr. Carr to the Minister of Marine and Fisheries .

Sir: Yours of the28th of October came to hand to-day, and, in reply, can state to you that part of the crew of the schooner Crittenden came on shore at Steep Creek and landed their barrels and till them with water. I went direct to the men who [Page 501] were filling the barrels, and told them to come and enter before taking wood and water. They said they would not enter or make any report. I told them that I would seize the schooner Crittenden for violating the customs laws. They said they would risk that, as the schooner was now out of the way about 3 miles from my station down the straits, and it was impossible for me to board the vessel. They also landed a man the same day with his effects, and on their return from Gloucester to the Bay St. Lawrence they shipped a man. Was looking out for the vessel, hut could not catch her. I reported the case to the collector of customs at Port Hawkesbury, and on the schooner Crittenden’s return from the Bay St. Lawrence she was seized, and Collector Bourinot got the affidavits of the captain of the said schooner and also of some of the crew, which he stated to the department. I was in the office at the time when Collector Bourinot received a telegram from the department to release the schooner Crittenden on the deposit of §400.

I remain, etc.,

James H. Carr,
Pro Collector.