The Portland daily press., 1886-07-10

SHEIBURNE N D., July u.
Have made affidavit here. Consul General still
at Halifax. The schooner will be stripped tomor-
row if fines are not paid, and crew will leave
Better arrange through the Consul General at
once. Z. h. JEWETT, Captain.
A telegram received here yesterday states
that Consul General Phelan has arrived at
Shelburne, where he will investigate the
seizures made there.
Messrs. w. S. Jordan & Co., have written
a letter to the State Department, claiming
the protection of the government in the case
of the schooner C. B. Harrington, seized at
Shelburne, by the Canadian authorities.
The letter states that the Harrington, Capt.
John Frelick, arrived at Shelburne, lower
harbor, at noon on the Sd inst, and that the
only reason for the seizure was that the mas
ter had failed to enter at the Custom House,
and two of the crew had gone on shore. The
master intended to enter as soon as the wea-
Their moderated. He was then lying several
miles below the town, he had no pilot and
did not consider it safe to run up without
one until it moderated.
The Custom House regulation, under which
the seizure was made, was an act of 1888,
which the firm thinks has never been en-
forced, and no steps have been taken to
make its provisions known to American fish
ing vessels The penalty claimed, amount
ing, with costs, to $500, is entirely out of pro-
portion to the offense which the captain COM
mitted through inadyertence or ignorance of
the law. The owners have instructed the
captain to refuse to pay the fine while the
matter is under consideration at Washington.
They consider the vessel seized ON a trivial
oh nd ont IN 10 aon1itvr ND
will of neighboring nations.
There is talk of holding an indignation
meeting here some day next week. There
is considerable excitement here, more than
at any other t;me since the seizure of the
Doughty.
A communication was received here yes
terday morning from Colonial port which
throws considerable light upon the exact
scope of the Colonial Interpretation Of the
restrictive clauses under which American
vessels are allowed to touch at Colonial
ports. According to the writer. the right to
touch for wood, water and when in distress
is construed to mean distress incidental to
the vessel itself, resulting from storm OF ac-
cident. But it must be an accident to the
vessel, in other words were an American
vessel with sickness on board being to all in
tents and purposes floating hospital, or
with man on board suffering from an acct
dent and requiring surgical aid to go into a
Colonial port such vessel would be liable to
seizure if a fisherman.
A gentleman who was in Montreal Thurs
day says a prominent journalist made in his
hearing the statement that Secretary Bay
D.. 1.44a - 30
greatly strengthen and encourage the Colon
ial government in its present position That
in effect Secretary Bayard had said to Capt.
Lewis that renewal of the old treaty can
alone serve to remove existing difficulties.
The armed schooner Herrick, about which
so much has been said, left here yesterday
morning for Block Island. She carried
crew of twelve men, and was provided with
six FOUNDER iron cannon mounted amidships.
1t is rumored that she also carried a store of
small arms. 1t is understood, from inter
views with outftters of the city that it is
customary for fishing schooners that prac-
tice hand line fishing to carry gun or fog
horn to use in foggy weather, but it is said
the Augusta Herrick is seining vessel and
does not practice hand line fishing.
The tables are being turned on Canadian
officials in manner that is as novel as it
was unlocked for. Admiral Scott of the
Lansdowne and Collector Viets of Digby
have both been served with notices of ac-
lions for $12, 900 loss and damages sustained
by Jesse Lewis, the owner of the David J.
Adams, because of the alleged illegal seizure
and detention of that vessel by those off
cials. 1t is understood that actions will also
acfN o1I 70 hQl of nd
deck, and Subj Collector M. Cauley for dam
ages sustained by the owners OF the schooner
Ella M. Doughty, in consequence OF the selz
ure of that vessel. The loss sustained in that
case is estimated at $4,000.
Lively reports may be expected from
Prince edward Island any hour. There are
said to be 70 sail of American vessels seining
mackeral in the North bay. including the
Portland mackereling steamer Novelty,
which was recently refused coal at Plctou.
Five of the seven Canadian cruisers are now
patrolling the North bay, under the immedi-
ate command of Admiral Scott. The con-
centratiOn of these cruisers in the North bay
mackereling grounds accounts for the I'M
protected condition OF Canso, Arlchat, Ched-
ubucto bay and other places where Amerl-
can vessels are now getting supplies of bait.
An Arichat despatch says that the Glouces-
ter schooner Pendragon put into that port
The captain said he was determined to act
upon the American Interpretation of the
would throw his seine, within three miles OF
Shore regardless of headlandS, and run the
risk of seizure therefor. He was willing to
test that disputed question.
The Herald, dominion government organ,
in leading article on the fishery question
advocating a most vigorous enforcement OF
the fishery laws says:
Americans are haunting our coasts in fleets, try
ing to buy bait, ship men, steal fish and secure by
fraud and falsehood, privileges that few months
ago they swore they did not want and that would
be no good to them if they had them. For men OF
that kind the most vigorous enforcement Of the
law is best. With the American nation we nave
no quarrel. Towards the American people gener-
ally we cherish the kindliest feelings and Ameri-
can merchant vessels will be as kindly treated in
Canadian ports as in ports OF any other country
under heaven. But fishing vessels OF Gloucester
and thereabouts owned as they are by pirates
and manned by thieves, we neither love nor res
pect, and against them we believe in enforcing
any and every law that it is in our power to en-
force.
The Halifax Herald says "The Ameri-
can seining steamer Novelty was seen about
four miles off Horse Head, west end of P.
E. Island, all day Sunday, seining with three
boats.'
The Examiner of Monday says: We learn
that the American steam seiner Novelty was
busily engaged fishing off Horse Head, west
of Big Miminigash, on Saturday. and not
cruiser was to be seen. This is not as it
should be. There are now between sixty
and seventy American fishing schooners in
The Day. railing TO secure any ISL Oh IuelT
own coast, a general rush to the Bay is an
ticipated. and we would not be surprised to
see two or three hundred American seiners
off our shores within the next week or so.
The commissioner of customs at Ottawa,
has sent to Consul-Ge General Phelan at Hall
fax, long letter in reply to a communica-
ton sent to the fishery department, asking
for certain explanations of the recent circu-
lar This answer of Commissioner Johnston
denies that the circular is a modification of
the instructions previously given. 1t posi-
lively states that no permission has been
given American fishing vessels to enter Can
adian waters for any purpose other than the
four reasons mentioned in the treaty of 1918,
and says it is not intended that such vessels
shall remain ia port twenty-four hours UNI
molested, or shall be permitted to do any
thing not absolutely and unequiyocally al
lowed by the treaty, which is to be strictly
enforced by the Dominion authorities in
every legitimate way, and the customs col
lectors are especially enjoined to arrest any
American fishing vessel which may not only
have been found fishing; but any American
vessel lowering within the three-mile limit
and not departing within twenty-four hours
after receiving warning is to be arrested.
The twenty-four hours delay is not a priyl-
lege extended to American vessels, but it is
the limit of time beyond which vessels will
not be allowed to remain in ports.