The Portland daily press., 1886-07-26
uAN IMPORTANT DOCUMENT.
Hon. w. L. Putnam's Answer in the
Doughty Case.
Her Seizure Illegal Both by Treaty
and Order in Council.

and Order in Council.
The trial of American fishing vessel:
seized by Canadian officials for alleged vio-
lation of the fishery treaty promises to be
brought to speedy conclusion. The Amer.
lean counsel Friday filed with the regis
trar of the Halifax admiralty court their de-
| fence in the case of the schooner Ella NJ
| Doughty of Portland, seized in May. 1t is a
lengthy and important document, and shows
upon what the United States government re-
| lies to maintain its claim.
| 1t sets out that when the Doughty left
Portland she was fully equipped with bait
aud all supplies for fishing voyage The
making of the treaty of 1918 is admitted, but
the defence insists that that treaty is to be
construed in connection with the previous
treaty of 1888, and especially of article
thereof. While admitting the passage and
validity of certain acts of the British and Ca
madam Parliaments, the defence denies that
these acts prohibit the purchase of bait or
ice, as the prosecution alleges, or that there
ever have been any orders in council, regu-
lations or other instructions as provided in
tIG dCb VI l. plooCu III e1lC blHlO VI
George III, prohibiting the purchase of bait
or ice as alleged in the petition; or any act of
any other Parliament or any other regula-
tion or direction imposing the penalty of for
feiture under which the Doughty is liable
for the purchase or ice, or for entering the
port Of st. AIMS. The terms of the imperial
statute, still in force, necessarily exclude any
legislation by the Canadian Parliament con-
cerning the subject matter thereof, and all
regulations whatever in relation thereto ex-
cept expressly provided in the imperial stat
ute; consequently all Canadian legislation is
unauthorized and null and void, as far as the
case of the Doughty is concerned.
1t is admitted that the convention of 1918
and the imperial statutes are in full force and
effect, save and accept that additional priyi-
leges have been given American and other
foreign vessels by subsequent statutes and
regulations. The Doughty was a regularly
licensed fishing vessel, and in accordance
with the American Revised Statutes was
duly authorized, as far as the United States
could do so, to touch and trade at any foreign
port, in any manner not inconsistent with
the laws of such port. The Doughty did not
go to st. AIMS for bait, nor did she enter
any other harbor for bait or ice. She was
not in that or any other port in contraven-
tion of any law or treaty She was Illegally
seized by officers, by persons who had no au,
thority whatever to detain her. She sailed
from Portland fully equipped for a deep sea
fishing voyage and with no intention what
ever of fishing within the three-mile limit or
of violating any Canadian or imperial law.
But, while lawfully proceeding on her fish
ing voyage on the deep seas, the Doughty
was driven into the harbor of st. AIMS by
ice, and would not have been there or re-
manned there had it not been for the impass-
able fields of ice blockading that port. While
so detained the bait she brought from Port
land became damaged, and to replace the
bait thus damaged by detention Captain
Doughty purchased in good faith and paid
for ten barrels of fresh herring offered by To-
cal fishermen who came alongside his ship,
as he had a legal right to do. Except as
specifically stated in this defence, none of
The allegations in paragraph eight of the case
for the prosecution are true, and it is assert
ed that everything done by the officers of the
Doughty was lawful.
There is nothing in any imperial or Cana
dian law or treaty or convention to prevent
the duly registered or licensed vessel of
friendly nation from entering that or any
other harbor during time of peace for the
purpose of obtaining necessary supplies for
continuing her voyage. In 1880 the King of
IuSlduu loSucQ WulCn was
concurred in by the privy council, by which
ships of or belonging to the United States
were authorized freely to export goods from
the dominions of Great Britain, including
Canada, to be carried to any foreign country
whatever, and by subsequent imperial legis-
lation all American vessels lawfully regis
tered, enrolled or licensed during the months
of April and May last, as to voyages from
and to ports of British dominions, and as to
trading at such ports as incidental to such
1oda TO
hibitions and restrictions-and to no other
to which ships and vessels of Great Britain
engaged in like voyages or trading were then
subject; so that the Ella M. Doughty and her
crew were fully authorized and permitted to
purchase bait under the circumstances and
for the purposes at the date and time de-
scribed, and did so purchase it.
The above defence is the joint production
of Hon. W. l.. Putnam and the local counsel
for the owners of the Doughty. They have
taken three weeks to prepare their reply to
the government case, and it is believed that
the government will now push forward the
case with vigor and bring it to an issue about
the middle of next month.
MINISTER PHELPs's BRIEF.
The brief of MinisterPhelps's argument on
the fisheries question, before the British for
eign secretary, has been submitted to the
State Department at Washington. To sum
up, the United States claims that the SeiZ-
ures of the schooners David j. Adams and
Ella nj. Doughty were not legal acts, and the
release of the vessels, or the suspension of
proceedings against the vessels masters or
owners, together with the payment of dam
ages, is demanded. The United States in
sists, and will not yield the point, that the
three-mile limit is three marine miles from
the shore to the point where the vessel may
happen to be. The United States insists that
the fines imposed in the cases of United
States vessels were excessive, and not in ac-
cordance with international courtesy.
THE EXPENSES RENTED.
u. S. Consul Gen'l Phelan, at Halifax, has
eceived letter from Canadian Minister of
customs Bedwell, stating that the expenses
connection with the seizures of the Ameri-
can schooners Harrington, Cushing and City
Point at Shelbourne would be remitted. The
sum claimed for expenses over amount of
the fines imposed is about $780, and it was
deposited at the time the vessels were re-
leased. The fines, $400 in each case re-
manned in the hands of the customs authori-
ties, and the owners of the three vessels in
tend to take legal action for. the recovery of
their money.
THE STATE.
ANDRoSCOGGIN COUNTY.