711.428/778
The Consul General at Ottawa (Foster) to the Secretary of
State
Ottawa [undated].
[Received December 31,
1923.]
No. 4215
Sir: In response to instruction of December
17th, I now have the honor to forward herewith, copy of a letter I have
received from Mr. A. Johnston, Deputy Minister of Marine and Fisheries,
in reply to the personal message conveyed to him by me, on behalf of the
Honorable William Phillips, Under Secretary of State.
I have [etc.]
[Enclosure]
The Canadian Deputy Minister of Marine and
Fisheries (Johnston) to the Consul
General at Ottawa (Foster)
Ottawa, 28 December,
1923.
Sir: Referring to your letter of the 19th
instant,9 I would be
very much obliged if you will convey to Mr. William Phillips,
Under-Secretary of State, Washington, D. C. the following
message;
[Page 482]
Immediately following the receipt of your message through the Consul
General for the United States resident here, the questions raised by
you were referred to the Department of Justice. I am now in receipt
of a communication from the Deputy Minister of Justice in the
following terms:
“Referring to Mr. Found’s conversation with Mr. Edwards, in
which he asked to be advised with regard to the questions
raised by the Consul General of the United States! in his
personal message to yourself of the 19th instant, I am of
opinion that questions 1 and 2 in said letter are to be
answered in the negative, and that with regard to question
three, it is to be observed that section 9 makes a foreigner
subject to forfeiture for two additional causes which do not
apply to Canadian or British vessels, namely (1) preparing
to fish and (2) entering territorial waters for a prohibited
purpose. It does not in my view relieve British vessels from
seizure and forfeiture for breach of any of the provisions
of the Treaty or of the other provisions of the Act”.
I hope the view expressed in the communication from
the Department of Justice will be satisfactory to you. There is
certainly no intention on our part to relieve British vessels from
seizure and forfeiture for breach of any of the provisions of the
Treaty. If any reasonable doubt arises in the mind of anyone that
this would be possible under the legislation of last session, steps
will be taken to remedy it during the next Session of
Parliament.
I regret the delay in replying to your letter, which is accounted for
by the non-arrival of the opinion of the Department of Justice,
until this morning.
I have [etc.]
