No. 342.
Sir L. S. Sackville West to Mr. Bayard.

Sir: In your note of the 11th of November last, inclosing copies of the statements with affidavits from Captain Medeo Rose, master of the schooner Laura Say ward, of Gloucester, Mass., you state that these papers impressively describe the “inhospitable” and “inhuman” “canduct “of the collector of the port of Shelburne, Nova Scotia, in refusing to allow Captain Rose to buy sufficient food for, himself and crew to take them home, besides unnecessarily retaining his papers, and thus preventing him, with a wholly inadequate supply of provisions, from proceeding on his voyage.” This note, I observe, appears in the papers relating to the foreign relations of the United States transmitted to Congress with the President’s message, 1886 (No. 231, page 425.)

I have now the honor to inform you that I am instructed by the Marquis of Salisbury to communicate to you the inclosed copy of a dispatch from the governor-general of Canada, together with copy of an approved minute of the privy council, to which is appended a letter from the collector of customs at Shelburne, inclosing a declaration made by Captain Rose, in Which he states that the statements made by him in the affidavit alluded to in your above-mentioned note are all untrue.

In communicating these papers to you I am further instructed to ask whether the United States Government have any observations to make thereupon.

I have, etc.,

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

Colonial office to foreign office. (Received June 17.)

Sir: With reference to the letter from this department of the 27th April, relating to the treatment of the United States fishing vessels Laura Sayward and Jenny Seaverns, I am directed by Secretary Sir Henry’ Holland to transmit to you, to be laid before the Marquis of Salisbury, for such action as he may think proper to take upon it, a copy of a dispatch from the governor-general of Canada, with an affidavit by the master of the Laura Sayward.

I am, etc.,

John Bramston.
[Page 541]
[Inclosure 2.]

The Marquis of Lansdowne to Sir H. Holland.

Sir: With reference to previous correspondence on the subject of the alleged ill-treatment of the United States fishing vessel, Laura Say ward and Jennie Seaverns, and with especial reference to the affidavit purporting to have been sworn to by Capt. Medeo Rose, of the first-named vessel, copy of which formed an in closure in Mr. Stanhope’s dispatch of the 16th December last, I have the honor to forward herewith a certified copy of an approved minute of my privy council, to which is appended a letter from the collector of customs at Shelburne, inclosing a declaration made by Captain Rose, in which he states that the statements alleged to have been made by him in that affidavit “are all untrue.”

I have, etc.,

[Inclosure 3.]

Report of a committee of the honorable the privy council for Canada, approved by his excellency the governor-general in council on May 16, 1887.

On a report dated the 10th May, 1887, from the minister of marine, and fisheries, submitting, with reference to his report, approved in council on the 23d March last, as to the alleged ill-treatment of the United States fishing vessels Laura Sayward and Jennie Seaverns, and to the affidavit of Capt. Medeo Rose, of the first-named vessel, the copy of a letter from the collector of customs at Shelburne, Nova Scotia, dated the 20th ultimo, together with an affidavit from Captain Rose, herewith, in which it will be observed that he not only bears testimony to the generous treatment that had been extended to him when at the port of Shelburne on previous occasions, but also declares that the statements made in the affidavit of the 15th October last, purporting to be sworn to by him, and which affidavit formed the basis of a dispatch from Mr. Bayard, the United States Secretary of State, protesting against the inhuman and inhospitable conduct of the collector of customs at Shelburne, Nova Scotia, to use Captain Rose’s own words, “are all untrue.”

The committee recommend that your excellency be moved to forward a copy of this minute, together with copies of the papers mentioned, to the right honorable the secretary of state for the colonies.

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

John J. McGee,
Clerk Privy Council, Canada.
[Inclosure 4.]

Mr. Atwood to commissioner of customs, Ottawa.

Sir: With reference to my letter of the 5th January last and a statement made by Medeo Rose, of schooner Laura Sayward, a copy of which was sent me from your department for my report thereon, I beg to state that Captain Rose, with his vessel, is now lying off Sandy Point. He reported and obtained clearance yesterday on board. Dominion cutter Triumph. On being questioned by Captain Lorway relative to the statement made in October last, he said much of it was untrue, and denied having made it. Inclosed please find a statement signed by Captain Rose in my presence at Sandy Point, sworn to and witnessed by Capt. John Purney, justice of the peace. He made no objection at all to signing it, and admits that this statement is true in every particular. Will you kindly have it forwarded to John Tilton, esq., deputy minister of fisheries?

I am, etc.,

W. W. Atwood,
[Page 542]
[Inclosure 5.]

Declaration of the captain of the Laura Sayward.

I, Medeo Rose, master of the schooner Laura Sayward, of Gloucester, do solemnly declare and say that on the 6th October last I arrived at the port of Shelburne, Nova. Scotia, and reported my vessel at the custom-house some time after 4 p.m.

Stated to the collector that I was from Western Banks, hound home, and required provisions, as follows, viz: 7 pounds of sugar, 3 pounds of coffee, 1 bushel of potatoes, 2 pounds of butter, and to fill water. This was all. The collector told me to fill the water, but as there was no provision made in the treaty for the purchase of supplies or stores, he would telegraph the department at Ottawa at once; that no doubt they would be allowed; and I consented to wait until the next morning for a reply.

I called at the custom-house early the next morning, before 7 o’clock; stated that, as the wind was fair and blowing a strong breeze, I would not wait for a reply to telegram, but take a clearance, which the collector gave me. I was treated kindly, allowed to enter my vessel after customs hours, and a clearance granted me next morning before the office was supposed to be opened. I was at the port again in November, on my way to the banks, and the collector allowed me to report my vessel inwards and outwards and gave me a clearance at 8 in the evening.

The statements purporting to have been made by me to the effect that the collector refused to give me my papers when I asked for them, also that this treatment towards me was harsh and cruel, driving myself and crew to sea, having but little flour and water, etc., are all untrue.

And I make this solemn declaration conscientiously believing the same to be true, and by virtue of an act of Parliament entitled “An act for the suppression of voluntary and extrajudicial oaths.”

Medeo Rose.

Taken and declared before me, at Sandy Point, this 20th day of April, A. D. 1887.

John Purney,
Justice of the Peace.