[Inclosure 12.] Report of a committee of the honorable the privy council for Canada approved by his excellency the governor-general in council on the 23d March, 1887. The committee of the privy council have had under consideration a dispatch dated the 16th December, 1886, from the right honorable the secretary of state for the Colonies, transmitting a copy of a letter from the foreign office covering a copy of a dispatch from Her Majesty's minister at Washington inclosing notes which he has received from Mr. Bayard, United States Secretary of State, protesting against the conduct of the Dominion authorities in their dealings with the United States fishing vessels Laura Sayward and Jennie Seaverns, and requesting to be furnished with a report on the subject for communication to the Government of the United States. The minister of marine and fisheries, to whom the dispatch and inclosures were referred for immediate report, observes that Mr. Bayard takes exception to the "inhospitable and inhuman conduct" of the collector of customs at the port of Shelburne, Nova Scotia, in refusing to allow Captain Rose, of the Laura Sayward, to buy sufficient food to last himself and crew on their homeward voyage, and complains of the action of the collector in "unnecessarily retaining" the papers of the vessel. Mr. Bayard bases his representation upon the annexed declaration made by Captain Rose, but supported by no other testimony. The minister states that immediately on the receipt of the dispatch above mentioned a copy of the charges was forwarded to the collector at the port of Shelburne, and his statement in reply thereto is annexed. The minister believes that Collector Atwood's statement is a reasonable and sufficient answer to the allegations made by the captain of the Sayward, and leaves no ground of justification for the strong language used by Mr. Bayard in his note to Sir L. Sackville West. The minister further observes that, with reference to the Jennie Seaverns, Mr. Bayard complains of the conduct of Captain Quigley, of the Terror, in preventing the captain of the Jennie Seaverns from landing to visit his relations in Liverpool, Nova Scotia, and in forbidding his relatives to visit him on board his vessel, and in placing a guard upon the Scaverns while she was in port. These complaints are based upon the affidavit of Captain Tupper, of the Seaverns, a copy of which is attached. The statements of Captain Quigley, and his first officer, Bennett, are submitted in reply, and seem to afford ample proof that no violence or injustice was done to the fishing schooner. The minister is of the opinion that the captain of the Jennie Seaverns has nothing to complain of. He came in solely for shelter, and this was not denied him. He was requested to report at the customs, with which request he, upon his own evidence, willingly complied. The other precautions taken by Captain Quigley were simply to insure that, while shelter was being had, the provisions of the convention and of the customs law were not violated. The minister, however, while assured that the vessel in question suffered no deprivation of or interference with its rights as defined by the convention of 1818, is of opinion that, in pursuance of the spirit of uniform kindly interpretation of the law, which it has been the constant aim of the government of Canada to exemplify in its dealings with United States fishermen, it is possible for the officers in charge of the cruisers to efficiently guard the rights of Canadian citizens and enforce the provisiona of the law without in such cases as the above finding it necessary to place an armed guard on board the fishing vessel, or preventing what may be deemed reasonable communication with the shore. The committee, concurring, in the report of the minister of marine and fisheries, recommend that your excellency be moved to transmit a copy of this minute to the right honorable the secretary of state for the colonies for the purpose of communication to the Government of the United States. All which is respectfully submitted for your excellency's approval. JOHN J. MCGEE, Clerk Privy Council Canada. [Inclosure 13.] Deposition of Medeo Rose. I, Medeo Rose, master of schooner Laura Sayward, of Gloucester, being duly sworn, do depose and say: That on Saturday, the 2d October, being then on Western Bank, on a fishing trip, and being short of provisions, we hove up anchor and started for home. The wind was blowing almost a gale from the northwest, and, being almost dead ahead, we made slow progress on our voyage home. On Tuesday, the 5th October, we made Shelburne, Nova Scotia, and arrived in that harbor about 8 p. m. on that day, short of provisions, water, and oil to burn. On Wednesday I sailed for the inner harbor of Shelburne, arriving at the town about 4 p. m. On going ashore I found the custom-house closed, and hunted up the collector and entered my vessel, and asked permission from him to buy 7 pounds of sugar, 3 pounds of coffee, and 1 bushel of potatoes, and 2 pounds butter or lard or pork, and oil enough to last us home, and was refused. I stated to him my situation, short of provisions, and a voyage of 250 miles before, and pleaded with him for this slight privilege, but it was of no avail. I then visited the American consul and asked his assistance, and found him powerless to aid me in this matter. The collector of customs held my papers until the next morning, although I asked for them as soon as I found I could not buy any provisions, say about one and a half hours after I entered, but he refused to give them to me until the next morning. Immediately on receiving my papers on Thursday morning I started for home, arriving on Sunday. I think the treatment I received harsh and cruel, driving myself and crew to sea with a scant supply of provisions, we having but a little flour and water, and liable to be buffeted for days before reaching home. MASSACHUSETTS, ESSEX, 88: MEDEO ROSE. Personally appeared Medeo Rose and made oath to the truth of the above statement before me. [SEAL.] AARON PARSONS, Notary Public. OCTOBER 13, 1886. [Inclosure 14.] Mr. Atwood to Mr. Johnson. / CUSTOM-HOUSE, SHELBURNE, January 5, 1887 SIR: With reference to the statement by Medeo Rose, master of the schooner Laura Sayward, I beg to say that in many particulars it is not true and is very unjust. The custom-house was not closed, as stated. Office hours are supposed to be from 9 a. m. to 4 p. m., but masters of vessels, American fishermen particularly, are allowed to report their vessels inward and outward, and obtain clearances at any hour between 6 a. m. and 11 p. m. (Sundays excepted), and the office is always open. On the 6th October last I left at 4 p. m., and went to an agricultural exhibition, not an eighth of a mile distant-say a three minutes' walk-and left word at the office to tell any one who called where I could be found. I had been on the grounds about fifteen minutes when Captain Rose put in an appearance, and I at once came to the office, and he reported his vessel, stated that he was from the bank bound home, and came in to fill water, and wanted provisions, as follows, viz: 7 pounds of sugar, 3 pounds of coffee, 1 bushel of potatoes, and 2 pounds of butter; this was all. I took a memorandum and attached to his inward report, and oil is not mentioned; stated that he had plenty of flour, fish, and other provisions sufficient for voyage home. I gave him permission to fill water at once; but as the treaty made no provision for purchase of supplies, I would telegraph the department at Ottawa, and no doubt it would be allowed. Captain Rose expressed his willingness to remain until a reply was received. He called at the office next morning (Thursday) at 6.30 a. m., and finding I had not received a reply, said as the wind was fair and a good breeze, he would not wait longer and would take a clearance, which I gave him. I told him an answer to telegram would probably be received by 10 a. m. I did not consider it a case of actual distress by any means, as by the master's own statement he had plenty of other provisions, and all that he really and actually needed was to fill water. The statement that I held his papers, although he asked for them, etc., and that I refused to give them to him until next morning, is all false. He did not ask further until next morning, when he got his clearance. The statement that the treatment he received was harsh and driving him to sea having little water and flour, etc., is all untrue, as what I have already stated will prove. Captain Medeo Rose was hero with his vessel on the 23d November last, and entered his vessel and obtained clearance at 8 in the evening; was here again on the 27th November and remained five days for repairs, and nothing was said by him of the "inhuman conduct" or "harsh treatment" on the part of the collector towards him. The above is a plain statement of the facts, and many of the statements can be corroborated by the American consul of this port if referred to bim. I am, etc., W. W. ATWOOD, Collector. [Inclosure 15.] Deposition of Joseph Tupper. I, Joseph Tupper, master of the schooner Jennie Seaverns, of Gloucester, being duly sworn, do depose and say: That on Thursday, the 28th October, while on my passage home from a fishing trip, the wind blowing a gale from southeast and a heavy sea running, I was obliged to enter the harbor of Liverpool, Nova Scotia, for shelter. Immediately on coming to anchor was boarded by Captain Quigley, of Canadian cruiser Terror, who ordered me to go inshore at once and report at the custom-house, to which I replied that such was my intention. He gave me permission to take two men in the boat with me, but they must remain in the boat and must not step on shore. I asked Captain Quigley if I could, after entering, visit some of my relations who resided in Liverpool and whom I had not seen for many years. This privilege was denied me. After entering, having returned to my vessel, some of my relatives came to see me off. When Captain Quigley saw their boat alongside of my vessel he sent an officer and boat's crew, who ordered them away, and at sundown he placed an armed guard on board our vessel, who remained on board all night, and was taken off just before we sailed in the morning. I complied with the Canadian laws, and had no intention or desire to violate them in any way; but to be made a prisoner on board my own vessel, and treated like a suspicious character, grates harshly upon the feelings of an American seaman, and I protest against such treatment, and respectfully ask from my own Government protection from such unjust, unfriendly, and arbitrary treatment. MASSACHUSETTS, ESSEX, 88: JOSEPH TUpper. Personally appeared Joseph Tupper, and made oath to the truth of the above statement before me, NOVEMBER 4, 1886. [Inclosure 16.] AARON PARSONS, Mr. Quigley to Major Tiltor. NEWCASTLE, January 12, 1887. SIR: In reference to the American schooner Jennie Seaverns of Gloucester, I find she arrived on Thursday, the 23th October, as stated in his complaint, at Liverpool, Nova Scotia, and after she anchored I sent Chief Officer Bennett on board with instructions, telling him what the law was, so that he would not do anything through ignorance of it, and get his vessel in trouble. These instructions were to report his vessel at the customs before sailing, and to take two of his crew and boat with him when he did go for that purpose, but the rest of his crew were not to go on shore, and that after he reported no person from his vessel was to go on shore, as he got all he put in for, viz., shelter; and he reported his vessel putting in for that purpose and for no other; not for the purpose of letting his crew on shore. The boat that was ordered from his vessel was from shore, and was not allowed alongside of these vessels, as it gave the crews a chance to get ashore with them, or to smuggle provisions alongside, so they were ordered off in all cases. officer's statement regarding the men who rowed the captain on shore.) (See chief I never prevented the men who went ashore with the masters of vessels from landing and going with the masters to the custom-house if they wished, nor gave instructions to prevent them. I placed two watchmen on board this vessel, as I did in all other cases, to prevent them from breaking the law in any respect through the night, and they were taken off in the morning before he sailed. It is not true that I boarded this vessel as stated. I never spoke to him. There were two other American seiners in at the same time and were treated in the same way, less the watchmen, which were not required in their case, as they were close to me and I could see what was done on board them at all times from my vessel. These are the facts. I have, etc., THOMAS QUIGLEY. [Inclosure 17.] Deposition of Albert Bennett. I, Albert Bennett, late first officer of the Dominion cutter Terror, Captain Quigley, remember boarding the American seiner Jennie Seaverns, of Gloucester, United States, at the port of Liverpool, Nova Scotia, on the 28th October last past; boarded her, ordered Captain Tupper to report to the customs at Liverpool aforesaid, which he did, taking with him two men in his boat. Never told Captain Tupper not to allow his men to leave his boat while on shore; further, Captain Tupper, to the best of my knowledge and belief, never intimated to me that he had friends or relatives that he wished to visit in Liverpool, Nova Scotia. Seeing a boat alongside, I went on board and ordered them away. Captain Tupper told me he did not know the visitors, and further, did not wish them on board his vessel. Further, during the time the Jennie Seaverns was in the harbor of Liverpool, Nova Scotia, Captain Quigley never was on board her, I boarding her and carrying out his instructions to me. ALBERT BENNETT, Late First Officer Cutter Terror. HOPEWELL CAPE, N. B., January 14, 1887. No. 339. Sir L. S. Sackville West to Mr. Bayard. WASHINGTON, May 17, 1887. (Received May 18.) SIR: With reference to my note of the 25th ultimo and to your reply of the 7th instant, I have the honor to inform you that Her Majesty's Government intimate that the intending emigrants are not paupers, but crofters, whose passages are only partly paid from public funds, and that Her Majesty's Government would be glad to know whether this affects in any way the tenor of your above-mentioned note. I have, etc., No. 340. L. S. SACKVILLE WEST. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, SIR: I have the honor to acknowledge the receipt, yesterday, of your note of the 17th instant in response to my notes of the 11th of November, 1st December, and 27th of January last, respecting the cases of the United States fishing vessels Mollie Adams, Laura Sayward, Jennie Seaverns, and Sarah H. Prior. I have, etc., No. 341. T. F. BAYARD. Mr. Bayard to Sir L. S. Sackville West. DEPARTMENT OF STATE, SIR: With reference to previous correspondence concerning aided emigration, I have the honor to acknowledge the receipt of your communication of the 17th instaut, in which you inform me that the in tending emigrants are not paupers, but crofters, whose passages are only partly paid from public funds, and inquire whether this affects in any way the tenor of my note of the 7th instant to you. For the reasons stated in my note of the 7th instant the Department is unable to give any assurances that any particular class of immigrants will be permitted to land. The provisions of the law look to the actual condition of each person, and are impartial in their operation. I have, etc., T. F. BAYARD. No. 342. Sir L. S. Sackville West to Mr. Bayard. WASHINGTON, July 18, 1887. (Received July 19.) 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 Sayward, of Gloucester, Mass., you state that these papers impressively describe the "inhospitable" and "inhuman" conduct "of the collector of the port of Shelburne, Nova Scotia, in refnsing 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. 1 have, etc., [Inclosure 1.] L. S. SACKVILLE WEST. Colonial office to foreign office. (Received June 17.) DOWNING STREET, June 17, 1887. 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. |