St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1886-12-09


British vessels in all the ports of the United
States. have been led TO offer these con-
siderations by
THE RECENT SEIZURES
of American vesSe els to which have adverted,
| and by indication OF local spirit of inter
probation in the provinces. affecting friendly
intercourse ,ns.o'dd which is firmly believe:
the stipulations on which it processes
to rest. 1t is not my purpose TO prejudge the
facts of the cases nor have an desire to
shield any American vessel from the conse-
Quences Of violation of international obli "a
tions. The views lvanced are not appli-
cable in every feature to these particular
cases, and should be glad if no case what
ever were to arise calling In question the
good understanding of the two countries in
order to be free from the grave apprehension
which otherwise l am unable TO dismiss. 1t
would be most unfortunate, and cannot re-
frain from sayn NJ most unworthy. if the two
nations who contracted the treaty of 1878
should permit any questions of mutual rights
under that convention to Geeome obscured by
PARTISAN ADVOCACY
or distorted 10y the heat of local interests.
Everything will be done by the United States
to cause their citizens engarel in fishing to
conform 10 the obligations of the treaty and
prevent an infraction of the fishing laws of
the British provinces; but it is equally nec-
essary that ordinary COM mmercial intercourse
should not be interrupted by harsh measures
and unfriendly administration. l have the
honor, therefore, to invite frank expression
of your views upon the subject, believing
that should any differences of opinion or dis
agreement as to facts exist they will be found
to be So minimiZed that accord can
be established for the full protection
of the inshore ifs eFmen of the
British provinces, without obstructing the
open sen fishing operations of the citizens of
fbn Tuif fal tSfn npla ha frod 10
regulations now subsistng between the coun-
trIeS.
On May 30 1885. Secretary Bayard ad-
dressed a second letter to Minister West
concerning the continued detention of the
schooner Adams. He referred to the unre-
strained, and what appe ared to him unwar-
ranted,
IRREGULAR AND SEVERE ACTION
of the Canadian officials oward American
vessels. and their apparent dis position TO use
the most extreme and technical reasons for
interfering vita vessels not engaged or in
tended for inShore fishing on their coast. and
relates at considerable length the circum-
stances connected with the seizure of the
Adams. He concludes the letter as follows:
l trust you will realize the urgent and es-
Sental Importance OF restricting ali arrests
OF American fishing vessels for supposed or
alleged violations of the convention of 1918,
wit hin the limitations and conditions laid
down by the authorities of Great Britain in
1879. tO-wit: That no vessel shall he seized
unless it is evident and can be clearly proved
that the otense OF fishing has been commit
ted and the vessel itself captured within three
miles of land. In regard TO the necessit for
the instant imposition of such res trictiOns
upon the arrest of vessels, ou will, believe,
agree vita me, and will therefore ask you
to procure such steps to be taken as shall
cause such orders to be forthwith put in
force, under the authority of her majestJ s
government
On May %. Secretary Bayard wrote:
l have IelegraDhed MIR. Phelps urging the
advantage and need of my coming to some
IMMEDIATE UNDERSTANDING
with you expressive of the views of the two
parties to the treaty. My conviction
strengthens as to the Importance of wing
stop put to the vexatious interpretations and
actions by local authorities, whica can only
hinder amicable accord. and l have asked
that these seizures lie suspended without
prejudice 10 the le al results, pending an
authoritative treatment OF The in question.
1t surely cannot be the purpose OF the
provincial authorities TO emoarrass two
countries, by whom alone the issues
are cognizable. A frank ami friendly
spirit has been exhibited by both governments
In abstaiuing from any demonstration of
naval forces in the prov nc;al waters and 1t
is desirable that they be continued, as it VII
add 10 the moral impressveness Of any settle
ment we may arrive at.
a simple acknowledgment of the receipt Of
this communication and notice of its re er-
ence to the minister Of foreign affairs was
THE ONLY REPLY
made to this letter. On May 29 Secretary
Bayard wrote 10 Minister West as follows;
Sir-T have Just received a official imprint
of the house of commons bill no. 1856, now
pending in the Canadian parliament. entitled
AN act further to amend the act
respecting fishing by foreign vessels"
and ain Informed tnat it has pass ID the house
and is now pending in the senate. This bill
proposes the forcible search, seizure and for
feiture OF any fore. n vessel within any poFIs
OF Canada or lowering within three marine
miles OF any of the coasts, bays, creeks or
harborS in Canada where such vessel has en-
tered such waters for any purpose not per-
mitted bs the laws of nations, o. by treaty or
convention. or by the laws of the United
Kingdom or of Canada now in force. hasten
TO draw your attention to the wholly unwar-
ranted proposition of theCanadian authorities
through their local agents, arbitrarily to en-
force, according TO their own construction.
the provisions of anY convention between
the United States and Great Britain. and by
the interpo alton Of language not found in
anv such treaty, and by an Interpretation
not claimed or conceded By either party to
such treaty to
INVADE AND DESTROY
the commercial right and privileges of citi-
ZenS of the United States under and by virtue
of the treaty stipulations of Great Britain.
and the statutes in tiar behalf made and
provided. i have received Circular No. 81,
purportng to lie from the minister of Gus
toms at Ottawa. and signed J. j. Johnson. as
suming to execute the provisions of the
treaty between the United States and Great
Britain, concluded Oct. 20, 1918. and printed
copies of a warning purporting to be
issued by George a. Foster, min
lister of marine and fisheries, dated
at Ottawa, March Is. 1886, of similar tenor,
although of UNEQUAL results in its execution.
Such proceedings l co We TO be flagranty
violative o. the recipIo. .. commercial privi-
leges TO which citizens of the United States
are lawfully entitled under the statutes of
Great Britain and the well defined and pub
hcly proclaimed authority of both countries,
besides being in disrespect of the existing con-
ventions between the two countries on as
sumption of jurisdiction entirely unwar-
ranted. and which is wholly denied by The
United States. In the interest of the msin-
tenance Of peaceful and friendly relations. l
give ou my earliest information on this SUBJ
ject. adding that ! have teIegrapned Mr..
Phelps, our minister at London. to
MAKE AN EARNEST PROTEST
to her majestY's government against such
arbitrary, unlawful, unwarranted and un-
friendly action on the part of the Canadian
government duO us OH1clalS. auO nave III
structed Mr. Phelps to give notice to the gov
ernment of Great Britain that it will be held
liable for all loses and injuries to citizens of
the United States and their properly caused
by the unauthorized and unfriendly action of
the Canadian officials 70 which l hBve re-
ferred. Your obedient servant.
IF. BAYARD.
On June7 the secretary protests against
the seizure at St. Andrews, n. s.. OF the
Annie NJ. Gordon, and the withholding or
legal commercial privileges from an Aneri-
can vessel. and notifies Minister West tnat
Great Britain VIII be held responsible for
the loss and damage sustained by the owners.