No. 329.
Sir L. S.
Sackville West to Mr. Bayard.
British
Legation,
Washington, January 19,
1887. (Received January 21.)
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.,
[Inclosure 1.]
Lord Lansdowne
to Mr. Stanhope.
Canada, Government House,
Ottawa
December 4, 1886.
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.
Steep Creek, November 1, 1886.
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.
